Pages 53503±53690 Vol. 60 10±16±95 No. 199 federal register October 16,1995 Monday 1 II Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995
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Contents Federal Register Vol. 60, No. 1995
Monday, October 16, 1995
Agency for Toxic Substances and Disease Registry Energy Research Office NOTICES NOTICES Superfund program: Grants and cooperative agreements; availability, etc.: Hazardous substances priority list (toxicological profiles), Financial assistance program; continuation of solicitation, 53619–53620 53609
Agriculture Department Environmental Protection Agency See Forest Service RULES Water pollution control: Assassination Records Review Board Clean Water Act— NOTICES Pollutant analysis; whole effluent toxicity; test Meetings; Sunshine Act, 53674 procedures guidelines, 53529–53544 Bonneville Power Administration NOTICES Equal Employment Opportunity Commission Direct services industrial customer power sales contract; NOTICES record of decision, 53597 Meetings; Sunshine Act, 53674
Commerce Department Executive Office of the President See Foreign-Trade Zones Board See Presidential Documents See International Trade Administration See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Customs Service Airworthiness directives: NOTICES Eurocopter Deutschland GmbH, 53507–53508 Agency information collection activities under OMB PROPOSED RULES review: Airspace: Proposed agency information collection activities; Objects affecting navigable airspace, 53680–53683 comment request, 53667–53672 Airworthiness directives: AlliedSignal, Inc., 53548–53550 Defense Department CFM International, 53550–53552 PROPOSED RULES Fokker, 53552–53554 Acquisition regulations: Pratt & Whitney, 53554–53557 Contract administration component access; precontractual Teledyne Continental Motors, 53558–53560 efforts leading to solicitation or award, 53573–53574 NOTICES Contracting by negotiation Airport noise compatibility program: Withdrawal, 53574–53575 Noise exposure map— Federal Acquisition Regulation (FAR): Kenosha Regional Airport, WI, 53665–53666 Material management and accounting systems (MMAS), Meetings: 53575–53576 RTCA, Inc., 53666–53667 NOTICES Meetings: Federal Bureau of Investigation Defense Acquisition University Board of Visitors, 53587 NOTICES Communications Assistance for Law Enforcement Act; Education Department implementation, 53643–53646 NOTICES Meetings: National Assessment Governing Board, 53587–53588 Federal Communications Commission RULES Energy Department Common carrier services: See Bonneville Power Administration Video dialtone costs and jurisdictional separations; local See Energy Research Office exchange carriers; reporting requirements, 53544 See Federal Energy Regulatory Commission NOTICES NOTICES Agency information collection activities under OMB Environmental restoration and waste management: review, 53609 Baker and Williams Warehouses Site, NY; radiological condition certification, 53588 Federal Emergency Management Agency Environmental statements; availability, etc.: NOTICES Los Alamos National Laboratory, NM, 53588–53596 Disaster and emergency areas: Grants and cooperative agreements; availability, etc.: Alabama, 53609–53610 Advanced coal research program at U.S. colleges and Florida, 53610–53611 universities, 53596–53597 Virgin Islands, 53611 IV Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Contents
Federal Energy Regulatory Commission Foreign-Trade Zones Board NOTICES NOTICES Electric rate and corporate regulation filings: Applications, hearings, determinations, etc.: Houston Industries Energy Peru, Inc., et al., 53597–53599 California, 53583 Western Area Power Administration et al., 53599–53602 Ohio Natural gas certificate filings: BP Exploration & Oil Inc.; oil refineries, 53583–53584 El Paso Natural Gas Co. et al., 53602–53605 Florida Gas Transmission Co. et al., 53605–53607 Forest Service Applications, hearings, determinations, etc.: NOTICES ANR Pipeline Co., 53607 Appealable decisions; legal notice: IES Utilities, Inc., 53607 Alaska region, 53579 KN Interstate Gas Transmission Co., 53608 Environmental statements; availability, etc.: NorAm Gas Transmission Co., 53608 Pine Creek Evaporation Pond, CA, 53579–53580 Questar Pipeline Co. et al., 53608–53609 Seed Orchard Pest Management Program, WI, 53580– 53581 Federal Housing Finance Board Sequoia National Forest, CA, 53581–53582 NOTICES Tongass National Forest, AK, 53582–53583 Federal home loan bank system: Community support review— Health and Human Services Department Selection of members, 53611–53617 See Agency for Toxic Substances and Disease Registry See Food and Drug Administration Federal Maritime Commission See Health Care Financing Administration PROPOSED RULES See Health Resources and Services Administration Maritime carriers in domestic offshore commerce: See Substance Abuse and Mental Health Services Annual financial and operating statements; availability, Administration NOTICES 53572–53573 Senior Executive Service: Performance Review Boards; membership, 53619 Federal Reserve System PROPOSED RULES Health Care Financing Administration Regulations, policy statements and regulatory guidance; NOTICES review schedule, 53546–53548 Medicare: NOTICES Inpatient hospital deductible and hospital and extended Applications, hearings, determinations, etc.: care services coinsurance amounts; (1996 CY), Bren-Mar Properties, Inc., 53617–53618 53625–53626 SouthTrust Corp., 53618–53619 Monthly actuarial rates and supplementary medical Synovus Financial Corp. et al., 53618 insurance premium rates (1996 CY), 53626–53631 Warren, Vernon H., 53618 Uninsured aged and certain disabled individuals who have exhausted other entitlement; 1996 monthly Fish and Wildlife Service hospital insurance premium (Part A premium), PROPOSED RULES 53631–53632 Alaska National Wildlife Refuges: Alaska Peninsula/Becharof National Wildlife Refuge Health Resources and Services Administration Complex; public us regulations; comment period NOTICES extension, 53576 Meetings; advisory committees: November, 53632 Food and Drug Administration RULES Housing and Urban Development Department Animal drugs, feeds, and related products: NOTICES New drug applications— Grants and cooperative agreements; availability, etc.: Phenylbutazone injection, 53509 Ounce of Prevention program; youth crime and violence Sponsor name and address changes— prevention programs coordination and integration, Hoffman-LaRoche, Inc., 53509 53686–53689 PROPOSED RULES Privacy Act: Medical devices: Systems of records, 53633–53636 Cigarettes and smokeless tobacco products; restriction of sale and distribution to protect children and Interior Department adolescents See Fish and Wildlife Service Comment period extension, 53560–53561 See Land Management Bureau NOTICES See Minerals Management Service Nicotine-containing cigarettes and smokeless tobacco See National Park Service products; analysis regarding FDA’s jurisdiction, 53620– See Surface Mining Reclamation and Enforcement Office 53624 Organization, functions, and authority delegations: Internal Revenue Service Center for Devices and Radiological Health, 53633 RULES Reports; availability, etc.: Employment taxes and collection of income taxes at source: Changes to existing devices; when to submit a 510(k), Nonpayroll withheld income taxes; reporting, 53509– 53624–53625 53511 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Contents V
PROPOSED RULES National Science Foundation Employment taxes and collection of income taxes at source: NOTICES Nonpayroll withheld tax liabilities; reporting, 53561 Meetings: Astronomical Sciences Special Emphasis Panel, 53647 International Trade Administration Cross Disciplinary Activities Special Emphasis Panel, NOTICES 53647 Antidumping: Earth Sciences Proposal Review Panel, 53647 Steel jacks from— Economics, Decision and Management Sciences Advisory Canada, 53584–53585 Panel, 53647 Countervailing duties: Geosciences Special Emphasis Panel, 53647–53648 Leather wearing apparel from— Human Resource Development Special Emphasis Panel, Mexico, 53585–53587 53648 Applications, hearings, determinations, etc.: Materials Research Special Emphasis Panel, 53648 University of— Iowa et al., 53587 Nuclear Regulatory Commission RULES Justice Department Plants and materials; physical protection: See Federal Bureau of Investigation Nuclear power plants; protection against malevolent use of vehicles; meetings, 53505–53507 Land Management Bureau Production and utilization facilities: NOTICES Power reactor and Category I fuel cycle licenses; physical Environmental statements; availability, etc.: security plan format changes, 53507 Sand and Gravel Mining Operation, CA, 53636–53637 NOTICES Victory Bible Camp, AK, 53637–53638 Applications, hearings, determinations, etc.: Opening of public lands: Commonwealth Edison Co., 53648–53651 Oregon, 53638 Realty actions; sales, leases, etc.: Ounce of Prevention Council California, 53638–53639 NOTICES Nevada, 53639–53640 Grants and cooperative agreements; availability, etc.: Survey plat filings: Ounce of Prevention program; youth crime and violence Alaska, 53640–53641 prevention programs coordination and integration, Nevada, 53641 53686–53689 Oregon and Washington, 53641–53642 Personnel Management Office Minerals Management Service RULES Employment: NOTICES Career and career-conditional employees tenure and Outer Continental Shelf operations: reinstatement eligibility, 53503–53505 Oil and gas lease sales; restricted joint bidders list, 53642 PROPOSED RULES Pay under General Schedule: National Aeronautics and Space Administration Locality-based comparability payments, 53545–53546 NOTICES Meetings: Presidential Documents Advisory Council, 53646 ADMINISTRATIVE ORDERS Immigration emergency resulting from alien smuggling by National Archives and Records Administration organized crime (Presidential Determination No. 95–49 RULES of September 28, 1995), 53677 Grants and agreements administration: Uniform administrative requirements and definitions; Public Health Service institutions of higher education, hospitals, and other See Agency for Toxic Substances and Disease Registry non-profit organizations (OMB A–110), 53514–53528 See Food and Drug Administration See Health Resources and Services Administration National Oceanic and Atmospheric Administration See Substance Abuse and Mental Health Services PROPOSED RULES Administration Fishery conservation and management: Atlantic striped bass fisheries; public hearings, 53577– Securities and Exchange Commission 53578 NOTICES Gulf of Mexico and South Atlantic coastal migratory Self-regulatory organizations; proposed rule changes: pelagic resources, 53576–53577 Chicago Board Options Exchange, Inc., 53651–53652 Municipal Securities Rulemaking Board, Inc., 53652– National Park Service 53653 NOTICES Pacific Stock Exchange, Inc., 53654–53655 Meetings: Philadelphia Stock Exchange, Inc., 53655–53656 Delaware Water Gap National Recreation Area Citizens Applications, hearings, determinations, etc.: Advisory Commission, 53642 Liberty All Star Equity Fund, 53656–53658 Mining plans of operation; availability, etc.: Prairie Funds et al., 53658–53660 Big Thicket National Preserve, TX, 53642 Public utility holding company filings, 53660–53661 Realty actions; sales, leases, etc.: Smith Barney Equity Funds, Inc., 53661–53662 Colorado, 53643 United Companies Life Insurance Co. et al., 53662–53665 VI Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Contents
Small Business Administration Treasury Department NOTICES See Customs Service Agency information collection activities under OMB See Internal Revenue Service review, 53665 NOTICES Meetings: Substance Abuse and Mental Health Services Debt Management Advisory Committee, 53667 Administration NOTICES Veterans Affairs Department Meetings: NOTICES Substance Abuse Prevention Conference Review Committees; establishment, renewal, termination, etc.: Committee, 53633 Research Realignment Advisory Committee, 53673
Surface Mining Reclamation and Enforcement Office RULES Separate Parts In This Issue Permanent program and abandoned mine land reclamation plan submissions: Part II Indiana, 53511–53513 The President, 53677 PROPOSED RULES Permanent program and abandoned mine land reclamation Part III plan submissions: Department of Transportation, Federal Aviation Colorado, 53562–53564 Administration, 53680–53683 North Dakota, 53564–53565 Pennsylvania, 53565–53567 Part IV Texas, 53567–53572 Housing and Urban Development Department, 53686–53689 Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 53674 Reader Aids Additional information, including a list of public laws, Toxic Substances and Disease Registry Agency telephone numbers, and finding aids, appears in the Reader See Agency for Toxic Substances and Disease Registry Aids section at the end of this issue.
Transportation Department See Federal Aviation Administration Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law International cargo rate flexibility level: numbers, Federal Register finding aids, and a list of Standard foreign fare level— documents on public inspection is available on 202–275– Index adjustment factors, 53665 1538 or 275–0920. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR 642...... 53576 656...... 53577 Administrative Orders: Presidential Determinations: No. 95±49 of September 28, 1995 ...... 53677 5 CFR 315...... 53503 Proposed Rules: 531...... 53545 10 CFR 50...... 53505 70...... 53505 72...... 53505 73...... 53507 12 CFR Proposed Rules: Ch. II ...... 53546 14 CFR 39...... 53507 Proposed Rules: 39 (6 documents) ...... 53548, 53550, 53552, 53554, 53556, 53558 77...... 53680 21 CFR 522...... 53509 558...... 53509 Proposed Rules: 801...... 53560 803...... 53560 804...... 53560 897...... 53560 26 CFR 31...... 53509 602...... 53509 Proposed Rules: 31...... 53561 30 CFR 914...... 53511 Proposed Rules: 906...... 53562 934...... 53564 938...... 53565 943 (2 documents) ...... 53567, 53569 36 CFR 1210...... 53514 40 CFR 136...... 53529 46 CFR Proposed Rules: 552...... 53572 47 CFR 32...... 53544 36...... 53544 48 CFR Proposed Rules: 207...... 53573 209...... 53573 215 (2 documents) ...... 53573, 53574 242 (2 documents) ...... 53573, 53575 252...... 53575 50 CFR Proposed Rules: 36...... 53576 53503
Rules and Regulations Federal Register Vol. 60, No. 199
Monday, October 16, 1995
This section of the FEDERAL REGISTER the regulations the FPM provisions on competing in a competitive civil service contains regulatory documents having general crediting prior service toward probation. examination (although they may have to applicability and legal effect, most of which (The probationary provisions were compete under merit promotion are keyed to and codified in the Code of inadvertently omitted from the procedures). Career-conditional Federal Regulations, which is published under December 30, 1994, issuance.) employees with veterans’ preference 50 titles pursuant to 44 U.S.C. 1510. These final regulations adopt the and career employees have unlimited The Code of Federal Regulations is sold by proposed regulations on probation and reinstatement eligibility. the Superintendent of Documents. Prices of transfer and the interim regulations on A career-conditional employee who is new books are listed in the first FEDERAL career tenure and reinstatement. OPM is not a preference eligible has a 3-year REGISTER issue of each week. deferring a decision on the proposed limit on reinstatement eligibility (which revisions to § 315.201 (tenure) and may be extended under certain § 315.401 (reinstatement) issued on circumstance). OPM proposed to drop OFFICE OF PERSONNEL October 20, 1994 (59 FR 52925). this time limit but is deferring action on MANAGEMENT We received a total of 52 written the proposal. Thus, the 3-year limit on comments, including letters from 14 reinstatement eligibility, as provided in 5 CFR Part 315 agencies, two union locals, and 36 the interim regulation, remains in effect RIN 3206±AG55 individuals. The major points are for career-conditional employees who discussed below. are not preference eligibles. The Career and Career-Conditional Career Tenure reinstatement authority in § 31.5.401(a) Employment is clarified and a reference to ACTION Currently, the interim rule at 5 CFR in § 315.401(c)(13) is changed to the AGENCY: Office of Personnel 315.201(a) requires 3 years of Corporation for National and Management. continuous creditable service for an Community Service to reflect the ACTION: Final rule. employee to acquire career tenure. OPM current organizational title. Otherwise, proposed to link career tenure instead to OPM is adopting as final the interim SUMMARY: The Office of Personnel completion of the probationary period. rule on reinstatement at § 315.401. Management (OPM) is adopting policies Recently, OPM also proposed to Appointment by transfer between on the career-conditional employment deregulate performance management, agencies, § 314.501, is clarified to state system—on career tenure, including allowing as few as two levels that transfer must be without a break of reinstatement, transfer, and for performance ratings (60 FR 5542). a workday. A clarification was added to probationary period requirements— The impact of that change on the § 314.502 to address the movement of a previously contained in the former reduction in force (RIF) process is career employee from a position Federal Personnel Manual. Except for unknown at this time although OPM required by law to be filled on a several minor adjustments, the previous will be reviewing the matter permanent basis. Otherwise, the policies remain intact. (performance is one of four statutory proposed rule on transfer is adopted EFFECTIVE DATE: November 15, 1995. factors that determine retention without change. standing). The proposed revision of FOR FURTHER INFORMATION CONTACT: Lee Probationary Period Edwards on career tenure, reinstatement career tenure also would impact the and transfer. Raleigh Neville on outcome of the RIF process. This was a OPM proposed to clarify basic probation. Both may be reached at 202– concern of some who commented on the requirements of the probationary period 606–0830, FAX 202–606–2329, or TDD proposal. Rather than introduce another for new appointments and for new 202–606–0023. new variable at a time when agencies supervisors and managers. Six may be facing a significant level of RIF commenters addressed specific aspects SUPPLEMENTARY INFORMATION: Career- activity, OPM is deferring a decision on of probation, but most were outside the conditional appointments are the career tenure proposal. scope of OPM’s proposals and are not permanent appointments to Federal OPM received two comments on the dealt with here. competitive service positions. Under December 30, 1994, interim regulation In reviewing the comments, however, prescribed conditions, employees at 5 CFR § 315.201. One was outside the we noted the proposed regulation had acquire career tenure, have scope of the regulation. The other omitted students serving under the reinstatement and transfer eligibility, suggested, and OPM adopted, a revision Schedule B Student Career Experience and serve probation. On December 30, to § 314.201(b)(3)(x) to clarify that Program who have always been subject 1994 (59 FR 68104), OPM issued interim family members reinstated while to probation when noncompetively regulations to adopt policies on career overseas are to be treated in the same converted to a career or career- tenure and reinstatement that were in manner as those returning to the United conditional appointment under chapter 315 of the former Federal States after breaks in service of more Executive Order 12015. We added these Personnel Manual (FPM). The FPM than 30 days. Otherwise, OPM is conversions to § 314.801. We changed a expired on December 31, 1994, and the adopting as final the interim rules on reference to ACTION in § 315.802(c) to interim rules were effective on January crediting service toward career tenure. the Corporation for National and 1, 1995. Community Service. We also added a Earlier, on October 20, 1994 (59 FR Reinstatement and Transfer Eligibility new § 315.906(e), as one commenter 52925), OPM had proposed changes to Reinstatement eligibility permits a suggested, to address the crediting of simplify career tenure and former career or career-conditional temporary service in a supervisory or reinstatement, and to incorporate into employee to be rehired without managerial position that occurs prior to 53504 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations probation. Otherwise, OPM is adopting official assignment to an overseas post 5. In § 315.801, in paragraph (a)(5), as proposed the provisions dealing with of duty, provided the employee’s the last word ‘‘or’’ is removed; in probation. separation from employment occurs no paragraph (a)(6), the period at the end more than 90 calendar days prior to of the sentence is removed and a Regulatory Flexibility Act going overseas and reinstatement occurs semicolon is added; in paragraph (a)(7), I certify that this regulation will not while overseas or within 180 calendar the period at the end of the sentence is have a significant economic impact on days of return to the United States. removed and a semicolon is added; and a substantial number of small entities Overseas posts of duty are duty paragraphs (a)(8), (a)(9), and (d) are because it pertains only to Federal locations outside the 50 States of the added, to read as follows: employees and agencies. United States, the District of Columbia, Guam, Puerto Rico, and the Virgin § 315.801 Probationary period; when Executive Order 12866, Regulatory required. Islands. Review (a) * * * This rule has been reviewed by the * * * * * (8) Was appointed under § 315.608 Office of Management and Budget in 3. The interim rule amending and Executive Order 12721 as a family accordance with Executive Order 12866. § 315.401 published on December 30, member formerly stationed overseas; or 1994 (59 FR 68104) is adopted as final, (9) Had employment converted in List of Subjects in 5 CFR Part 315 with the following change; § 315.401 (a) accordance with Executive Order 12015 Government employees. and (c)(13) are revised to read as from an appointment in the Student Office of Personnel Management. follows: Career Experience Program under James B. King, § 315.401 Reinstatement. § 213.3202(b) of this chapter. Director. (a) Agency authority. Subject to part * * * * * Accordingly, OPM is amending 5 CFR 335 of this chapter and paragraph (b) of (d) Upon noncompetitive part 315, as follows: this section, an agency may appoint by appointment to the competitive service reinstatement to a competitive service under the Postal Reorganization Act (39 PART 315ÐCAREER AND CAREER- U.S.C. 101 et seq.), an employee of the CONDITIONAL EMPLOYMENT position a person who previously was employed under career or career- Postal Career Service (including 1. The authority citation for part 315 conditional appointment (or substitute and part-time flexible) who continues to read as follows: equivalent). has not completed 1 year of Postal (b) * * * service, must serve the remainder of a Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 1-year probationary period in the new 10577, 3 CFR, 1954–1958 Comp., page 218, (c) * * * agency. unless otherwise noted. (13) Volunteer service and training 6. Section 315.802 is revised to read Secs. 315.601 and 315.609 also issued under required prior to actual enrollment as a as follows: 22 U.S.C. 3651 and 3652. volunteer with Peace Corps, VISTA, and Secs. 315.602 and 315.604 also issued under other programs of the Corporation for § 315.802 Length of probationary period; 5 U.S.C. 1104. National and Community Service if it crediting service. Sec. 315.603 also issued under 5 U.S.C. 8151. begins within the period the person is Sec. 315.605 also issued under E.O. 12034, 3 (a) The probationary period required CFR, 1978 Comp., p. 111. eligible for reinstatement; and by § 315.801 is 1 year and may not be Sec. 315.606 also issued under E.O. 11219, 3 * * * * * extended. CFR, 1964–1965 Comp., p. 303. 4. Sections 315.501 and 315.502 are (b) Prior Federal civilian service Sec. 315.607 also issued under 22 U.S.C. revised, to read as follows: (including nonappropriated fund 2506. service) counts toward completion of Sec. 315.608 also issued under E.O. 12721, 3 § 315.501 Transfer. probation when the prior service: CFR, 1990 Comp., p. 293. Subject to part 335 of this chapter, an (1) Is in the same agency, e.g., Sec. 315.610 also issued under 5 U.S.C. agency may appoint by transfer to a Department of the Army; 3304(d). competitive service position, without a (2) Is in the same line of work Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1987 Comp., p. 229. break in service of a single workday, a (determined by the employee’s actual Subpart I also issued under 5 U.S.C. 3321, current career or career-conditional duties and responsibilities); and E.O. 12107, 3 CFR, 1978 Comp., p. 264. employee of another agency. (3) Contains or is followed by no more than a single break in service that does 2. The interim rule amending § 315.502 Tenure on transfer. not exceed 30 calendar days. § 315.201 published on December 30, (a) General rule. Except as provided in (c) Periods of absence while in a pay 1994 (59 FR 68104) is adopted as final, paragraph (b) of this section, a career status count toward completion of with the following change; employee who transfers remains a probation. Absence in nonpay status § 315.201(b)(3)(x) is revised to read as career employee and a career- while on the rolls (other than for follows: conditional employee who transfers compensable injury or military duty) is § 315.201 Service requirement for career remains a career-conditional employee. creditable up to a total of 22 workdays. tenure. (b) Exceptions. (1) A career- Absence (whether on or off the rolls) * * * * * conditional employee who transfers to a due to compensable injury or military (b) * * * position required by law to be filled on duty is creditable in full upon (3) * * * a permanent basis becomes a career restoration to Federal service. Nonpay (x) Breaks that occur when a career- employee. time in excess of 22 workdays extends conditional employee leaves Federal (2) A career employee who transfers the probationary period by an equal employment to accompany a spouse or from a position required by law to be amount. An employee serving probation parent (if the employee is their filled on a permanent basis becomes a who leaves Federal service to become a unmarried child under 21 years of age) career-conditional employee unless he volunteer with the Peace Corps or the who is a member of the Armed Forces or she has completed the service Corporation for National and or a Federal civilian employee on requirement for career tenure. Community Service serves the Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53505 remainder of the probationary period probationary period by an equal FOR FURTHER INFORMATION CONTACT: upon reinstatement provided the amount. Carrie Brown, Office of Nuclear Material employee is reinstated within 90 days of (d) Service during a probationary Safety and Safeguards, U.S. Nuclear termination of service as a volunteer or period from which an employee was Regulatory Commission, Washington, training for such service. separated or demoted for performance DC 20555–0001, telephone (301) 415– (d) The probationary period for part- or conduct reasons does not count 8092. time employees is computed on the toward completion of probation SUPPLEMENTARY INFORMATION: Under basis of calendar time, in the same required under a subsequent current NRC regulations, applicants for manner as for full-time employees. For appointment. In other situations in power reactor, Category I fuel cycle, and intermittent employees, i.e., those who which an employee does not complete spent fuel storage licenses must submit do not have regularly scheduled tours of probation, service is creditable as physical security plans in two parts. duty, each day or part of a day in pay determined by agency policy. Applicants for power reactor, Category I status counts as 1 day of credit toward (e) Temporary service in a supervisory fuel cycle, and spent fuel storage the 260 days in a pay status required for or managerial position under temporary licenses are required to address, in Part completion of probation. (However, the appointment, promotion, or 1 of their plans, how they will comply probationary period cannot be reassignment prior to probation is with the applicable regulations of 10 completed in less than 1 year of creditable as determined by agency CFR Parts 11 and 73. They are required calendar time.) policy. Prior service under a detail may to list, in Part 2 of their plans, any test, 7. In § 315.804, the existing text is be credited only when a detail to a inspections, audits and any other means designated as paragraph (a) and supervisory or managerial position is to be used to demonstrate compliance paragraph (b) is added, to read as made permanent without a break in with the regulations. follows: service. The two-part format is restrictive and 10. In § 315.907, paragraph (b) is has no regulatory advantage. Existing § 315.804 Termination of probationers for revised to read as follows: licensees with physical security plans unsatisfactory performance or conduct. approved before the effective date of the * * * * * § 315.907 Failure to complete the probationary period. final rule will not be required to adopt (b) Probation ends when the employee the new format. These licensees, completes his or her scheduled tour of * * * * * however, may revise their plans on a (b) A nonsupervisory or duty on the day before the anniversary voluntary basis, pursuant to the rules nonmanagerial employee who is date of the employee’s appointment. For that permit licensees to make changes in demoted into a position in which example, when the last workday is a security plans that do not decrease the probation under § 315.904 is required Friday and the anniversary date is the effectiveness of the plans. This final rule and who, for reasons of supervisory or following Monday, the probationer must will not change any of the substantive managerial performance, does not be separated before the end of the tour content currently required in the satisfactorily complete the probationary of duty on Friday since Friday would be physical security plans. the last day the employee actually has period is entitled to be assigned to a The benefit of this rulemaking is the to demonstrate fitness for further position at the same grade and pay as elimination of an unnecessary employment. the position in which he or she was requirement and there are no expected 8. Section 315.902 is revised to read serving probation. The employee is adverse impacts. For those licensees as follows: eligible for repromotion in accordance who desire to revise their physical with agency promotion policy. security plans, the staff has revised § 315.902 Definitions. [FR Doc. 95–25582 Filed 10–13–95; 8:45 am] Regulatory Guide, 5.52, ‘‘Standard In this subpart supervisory position BILLING CODE 6325±01±M Format and Content of a Licensee and managerial position have the Physical Protection Plan for Strategic meaning given them by the General Special Nuclear Material at Fixed Sites Schedule Supervisory Guide. NUCLEAR REGULATORY (Other than Nuclear Power Plants),’’ for 9. In § 315.906, paragraph (b) is COMMISSION use as guidance. NRC encourages revised and new paragraphs (c), (d), and applicants or licensees to follow such (e) are added, to read as follows: 10 CFR Parts 50, 70, and 72 guidance in order to allow for a quicker and more efficient review of the plans. § 315.906 Crediting service toward RIN 3150±AF27 completion of the probationary period. Summary of Public Comments Physical Security Plan Format * * * * * The comment period for the proposed Changes (b) Service on detail, temporary rule published April 17, 1995 (60 FR promotion, or reassignment to another AGENCY: Nuclear Regulatory 19170), closed on May 17, 1995. Two supervisory or managerial position Commission. comments were received. The following while serving probation is creditable ACTION: Final rule. comment summary and resolution toward completion of probation. Service address these comments. in a nonsupervisory or nonmanagerial SUMMARY: The Nuclear Regulatory Comment. This commenter position is not creditable. Commission (NRC) is amending its complimented NRC for eliminating (c) Absence in nonpay status while on regulations to eliminate the requirement unnecessary requirements and the rolls (other than for compensable for applicants for power reactor, commented on one statement, in the injury or military duty) is creditable up Category I fuel cycle, and spent fuel ‘‘Supplementary Information’’ section, to a total of 22 workdays. Absence storage licenses to submit physical that says licensees may ‘‘* * * revise (whether on or off the rolls) due to security plans in two parts. This action their plans on a voluntary basis compensable injury or military duty is is necessary to allow for a quicker and pursuant to the rules that permit creditable in full upon restoration to more efficient review of the physical licensees to make changes in security Federal service. Nonpay time in excess security plans. plans that do not decrease the of 22 workdays extends the EFFECTIVE DATE: November 15, 1995. effectiveness of the plan.’’ The 53506 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations commenter discussed a Generic Letter this final rule, and therefore, that a U.S.C. 5844). Sections 50.58, 50.91, and that is being developed by the Office of backfit analysis is not required, because 50.92 also issued under Pub. L. 97–415, 96 Nuclear Reactor Regulation entitled, this amendment does not involve any Stat. 2073 (42 U.S.C. 2239). Section 50.78 ‘‘Standardization of Security Program provisions that would impose backfits, also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80 - 50.81 also Reviews,’’ and encouraged the issuance as defined in 10 CFR 50.109(a)(1). issued under sec. 184, 68 Stat. 954, as of the draft Generic Letter for comment List of Subjects amended (42 U.S.C. 2234). Appendix F also as soon as possible. issued under sec. 187, 68 Stat. 955 (42 U.S.C Response. The Generic Letter was 10 CFR Part 50 2237). published in the Federal Register on Antitrust, Classified information, 2. In § 50.34, paragraph (c) is revised June 14, 1995 (60 FR 31326), with a 30- Criminal penalties, Fire protection, to read as follows: day comment period. Intergovernmental relations, Nuclear Comment. This commenter noted that power plants and reactors, Radiation § 50.34 Contents of applications; technical a similar requirement to submit physical protection, Reactor siting criteria, information. security plans in two parts in 10 CFR Reporting and recordkeeping * * * * * 72.180 was not addressed and indicated requirements. (c) Each application for a license to that it should be included. operate a production or utilization Response. NRC agrees with the 10 CFR Part 70 facility must include a physical security comment and 10 CFR 72.180 has been Criminal penalties, Hazardous plan. The plan must describe how the amended. materials transportation, Material applicant will meet the requirements of Environmental Impact: Categorical control and accounting, Nuclear Part 73 (and Part 11 of this chapter, if Exclusion materials, Packaging and containers, applicable, including the identification Radiation protection, Reporting and and description of jobs as required by NRC has determined that this final recordkeeping requirements, Scientific § 11.11(a), at the proposed facility). The rule is the type of action described as a equipment, Security measures, Special plan must list tests, inspections, audits, categorical exclusion in 10 CFR nuclear material. and other means to be used to 51.22(c)(2). Therefore, neither an 10 CFR Part 72 demonstrate compliance with the environmental impact statement nor an requirements of 10 CFR Parts 11 and 73, environmental assessment has been Manpower training programs, Nuclear if applicable. prepared for this final rule. materials, Occupational safety and * * * * * Paperwork Reduction Act Statement health, Reporting and recordkeeping requirements, Security measures, Spent PART 70ÐDOMESTIC LICENSING OF This rule does not contain a new or fuel. SPECIAL NUCLEAR MATERIAL amended information collection For the reasons set out in the requirement subject to the Paperwork preamble and under the authority of the 3. The authority citation for Part 70 Reduction Act of 1980 (44 U.S.C. 3501, Atomic Energy Act of 1954, as amended, continues to read as follows: et seq.). Existing requirements were the Energy Reorganization Act of 1974, Authority: Secs. 51, 53, 161, 182, 183, 68 approved by the Office of Management as amended, and 5 U.S.C. 552 and 553, Stat. 929, 930, 948, 953, 954, as amended, and Budget, approval numbers 3150– NRC is adopting the following sec. 234, 83 Stat. 444, as amended, sec. 1701, 0009, 0011, and 0132. amendments to 10 CFR Parts 50, 70, and 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, Regulatory Analysis 72. 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. The Commission has not prepared a PART 50ÐDOMESTIC LICENSING OF 1242, as amended, 1244, 1245, 1246 (42 regulatory analysis on this regulation PRODUCTION AND UTILIZATION U.S.C. 5841, 5842, 5845, 5846). because the amendment does not FACILITIES Sections 70.1(c) and 70.20a(b) also issued involve a question of policy, will have under secs. 135, 141, Pub. L. 97–425, 96 Stat. no impact on public health and safety, 1. The authority citation for Part 50 2232, 2241 (42 U.S.C. 10155, 10161). Section and will require no additional burden continues to read as follows: 70.7 also issued under Pub. L. 95–601, sec. on current licensees. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section Authority: Secs. 102, 103, 104, 105, 161, 70.21(g) also issued under sec. 122, 68 Stat. Regulatory Flexibility Certification 182, 183, 186, 189, 68 Stat. 936, 937, 938, 939 (42 U.S.C. 2152). Section 70.31 also 948, 953, 954, 955, 956, as amended, sec. issued under sec. 57d, Pub. L. 93–377, 88 In accordance with the Regulatory 234, 83 Stat. 1244, as amended (42 U.S.C. Stat. 475 (42 U.S.C. 2077). Sections 70.36 and Flexibility Act of 1980, 5 U.S.C. 605(b), 2132, 2133, 2134, 2135, 2201, 2232, 2233, 70.44 also issued under sec. 184, 68 Stat. 954, the Commission certifies that this final 2236, 2239, 2282); secs. 201, as amended, as amended (42 U.S.C. 2234). Section 70.61 rule does not have a significant 202, 206, 88 Stat. 1242, as amended, 1244, also issued under secs. 186, 187, 68 Stat. 955 economic impact on a substantial 1246 (42 U.S.C. 5841, 5842, 5846). (42 U.S.C. 2236, 2237). Section 70.62 also Section 50.7 also issued under Pub. L. 95– number of small entities. This final rule issued under sec. 108, 68 Stat. 939, as 601, sec. 10, 92 Stat. 2951 as amended by amended (42 U.S.C. 2138). affects applicants for power reactor, Pub. L. 102–486, sec. 2902, 106 Stat. 3123, Category I fuel cycle, and spent fuel (42 U.S.C. 5851). Section 50.10 also issued 4. In § 70.22, paragraph (h)(1) is storage licenses. Because these licensees under secs. 101, 185, 68 Stat. 936, 955, as revised to read as follows: are not classified as small entities, as amended (42 U.S.C. 2131, 2235); sec. 102, defined by NRC’s size standards (10 Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). § 70.22 Contents of applications. CFR 2.810), the Commission finds that Sections 50.13, 50.54(dd), and 50.103 also * * * * * this final rule does not have a issued under sec. 108, 68 Stat. 939, as (h) (1) Each application for a license amended (42 U.S.C. 2138). Sections 50.23, to possess or use, at any site or significant economic impact on a 50.35, 50.55, and 50.56 also issued under sec. substantial number of small entities. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections contiguous sites subject to licensee control, a formula quantity of strategic Backfit Analysis 50.33a, 50.55a, and Appendix Q also issued under sec. 102, Pub. L. 91–190, 83 Stat. 853 special nuclear material, as defined in NRC has determined that the backfit (42 U.S.C. 4332). Sections 50.34 and 50.54 § 70.4, other than a license for rule, 10 CFR 50.109, does not apply to also issued under sec. 204, 88 Stat. 1245 (42 possession or use of this material in the Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53507 operation of a nuclear reactor licensed comply with the applicable representatives from each facility in that pursuant to Part 50 of this chapter, must requirements of Part 73 of this chapter region. It is requested that each licensee include a physical security plan. The and during transportation to and from planning to send representatives to the plan must describe how the applicant the proposed ISFSI or MRS and must workshops provide the names of the will meet the applicable requirements of include the design for physical attendees to its NRC project manager Part 73 of this chapter in the conduct of protection, the licensee’s safeguards within the Office of Nuclear Reactor the activity to be licensed, including the contingency plan, and the guard Regulation by October 16, 1995. If a identification and description of jobs as training plan. The plan must list tests, licensee desires to send more than three required by 10 CFR 11.11(a). The plan inspections, audits, and other means to representatives, it may contact the must list tests, inspections, audits, and be used to demonstrate compliance with Safeguards Branch (Elaine Koup at 301– other means to be used to demonstrate such requirements. 415–2932) after October 18, 1995, for compliance with the requirements of 10 Dated at Rockville, Maryland, this 3rd day additional spaces, if available. CFR Parts 11 and 73, if applicable. of October, 1995. Dated at Rockville, Maryland, this 6th day * * * * * For the Nuclear Regulatory Commission. of October, 1995. James M. Taylor, PART 72ÐLICENSING For the Nuclear Regulatory Commission. REQUIREMENTS FOR THE Executive Director for Operations. Frederick J. Hebdon, INDEPENDENT STORAGE OF SPENT [FR Doc. 95–25542 Filed 10–13–95; 8:45 am] Director, Project Directorate II–3, Division of NUCLEAR FUEL AND HIGH-LEVEL BILLING CODE 7590±01±P Reactor Projects—I/II, Office of Nuclear RADIOACTIVE WASTE Reactor Regulation. [FR Doc. 95–25541 Filed 10–13–95; 8:45 am] 5. The authority citation for Part 72 10 CFR Part 73 BILLING CODE 7590±01±P continues to read as follows: Information Meetings Regarding Authority: Secs. 51, 53, 57, 62, 63, 65, 69, Protection Against Malevolent Use of 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. DEPARTMENT OF TRANSPORTATION 929, 930, 932, 933, 934, 935, 948, 953, 954, Vehicles at Nuclear Power Plants 955, as amended, sec. 234, 83 Stat. 444, as AGENCY: Nuclear Regulatory Federal Aviation Administration amended (42 U.S.C. 2071, 2073, 2077, 2092, Commission. 2093, 2095, 2099, 2111, 2201, 2232, 2233, 14 CFR Part 39 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. ACTION: Notice of closed meetings. L. 86–373, 73 Stat. 688, as amended (42 [Docket No. 94±SW±19±AD; Amendment U.S.C. 2021); sec. 201, as amended, 202, 206, SUMMARY: The Nuclear Regulatory 39±9399; AD 95±21±12 ] 88 Stat. 1242, as amended, 1244, 1246 (42 Commission (NRC) will conduct closed U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. meetings to provide information it Airworthiness Directives; Eurocopter 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102, believes would be of interest to nuclear Deutschland GmbH (ECD) Model MBB± Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332); power reactor licensees required to BK 117 A±1, A±3, A±4, B±1, B±2, and Secs. 131, 132, 133, 135, 137, 141, Pub. L. implement a rule published in the C±1 Helicopters 97–425, 96 Stat. 2229, 2230, 2232, 2241, sec. Federal Register on August 1, 1994, 148, Pub. L. 100–203, 101 Stat. 1330–235 (42 AGENCY: Federal Aviation U.S.C. 10151, 10152, 10153, 10155, 10157, associated with protection against the Administration, DOT. malevolent use of vehicles at nuclear 10161, 10168). ACTION: Final rule. Section 72.44(g) also issued under secs. power plants. The NRC Office of 142(b) and 148(c), (d), Pub. L. 100–203, 101 Nuclear Reactor Regulation will conduct SUMMARY: This amendment adopts a Stat. 1330–232, 1330–236 (42 U.S.C. half-day closed workshops for the new airworthiness directive (AD), 10162(b), 10168(c), (d)). Section 72.46 also licensees in NRC Regions II, III, and IV, applicable to Eurocopter Deutschland issued under sec. 189, 68 Stat. 955 (42 U.S.C. and at NRC Headquarters for Region I GmbH (ECD) (Eurocopter) Model MBB– 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 licensees to discuss these issues during (42 U.S.C. 10154). Section 72.96(d) also BK 117 A–1, A–3, A–4, B–1, B–2, and issued under sec. 145(g), Pub. L. 100–203, the week of October 22, 1995. These C–1 helicopters, that requires initial and 101 Stat. 1330–235 (42 U.S.C. 10165(g)). workshops are closed to members of the repetitive inspections of the main rotor Subpart J also issued under secs. 2(2), 2(15), public, or other parties, because (M/R) blade upper and lower surfaces 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. Safeguards Information will be for bulging. This amendment is 2202, 2203, 2204, 2222, 2224 (42 U.S.C. discussed. An unclassified summary of prompted by two reported incidents in 10101, 10137(a), 10161(h)). Subparts K and L the meetings will be prepared by NRC which a balance weight became are also issued under sec. 133, 98 Stat. 2230 and will be available upon request. (42 U.S.C. 10153) and sec. 218(a), 96 Stat. detached from inside the M/R blade 2252 (42 U.S.C. 10198). DATES: The closed meetings will be held structure and migrated toward the tip of the week of October 22, 1995. Register the M/R blade. The actions specified by 6. Section 72.180 is revised to read as by October 16, 1995. this AD are intended to detect follows: ADDRESSES: NRC Headquarters for movement of a balance weight and to § 72.180 Physical security plan. Region I licensees and NRC Offices in prevent severe vibrations and a The licensee shall establish a detailed Regions II, III, and IV. subsequent precautionary landing. plan for security measures for physical FOR FURTHER INFORMATION CONTACT: DATES: Effective November 20, 1995. protection. The licensee shall retain a Francis I. Young, United States Nuclear The incorporation by reference of copy of the current plan as a record Regulatory Commission, Office of certain publications listed in the until the Commission terminates the Nuclear Reactor Regulation, regulations is approved by the Director license for which the procedures were Washington, DC 20555–0001, of the Federal Register as of November developed and, if any portion of the Telephone (301) 415–3207. 20, 1995. plan is superseded, retain the SUPPLEMENTARY INFORMATION: The ADDRESSES: The service information superseded material for 3 years after auditorium at NRC Headquarters and referenced in this AD may be obtained each change. This plan must the regional conference rooms can from American Eurocopter Corporation, demonstrate how the applicant plans to accommodate up to three 2701 Forum Drive, Grand Prairie, Texas 53508 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
75053–4005. This information may be Executive Order 12866; (2) is not a subsequent precautionary landing, examined at the FAA, Office of the ‘‘significant rule’’ under DOT accomplish the following: Assistant Chief Counsel, 2601 Meacham Regulatory Policies and Procedures (44 (a) Within the next 5 hours time-in-service Blvd., Room 663, Fort Worth, Texas; or FR 11034, February 26, 1979); and (3) (TIS) after the effective date of this AD, and at the Office of the Federal Register, 800 will not have a significant economic thereafter, at intervals not to exceed 50 hours North Capitol Street, NW., suite 700, impact, positive or negative, on a TIS, visually inspect the upper and lower surfaces of the main rotor blades (blades) in Washington, DC. substantial number of small entities the area of the outboard lead balance weight FOR FURTHER INFORMATION CONTACT: Mr. under the criteria of the Regulatory in the marked inspection area for signs of Richard Monschke, Aerospace Engineer, Flexibility Act. A final evaluation has bulging, in accordance with Paragraph 2.A. of FAA, Rotorcraft Directorate, Rotorcraft been prepared for this action and it is the Accomplishment Instructions of Standards Staff, 2601 Meacham Blvd., contained in the Rules Docket. A copy Eurocopter Deutschland GmbH (ECD) Alert Fort Worth, Texas 76137, telephone of it may be obtained from the Rules Service Bulletin ASB–MBB–BK 117–10–108, (817) 222–5116, fax (817) 222–5961. Docket at the location provided under Revision 1, dated October 14, 1994. (b) If a marked inspection area is not SUPPLEMENTARY INFORMATION: A the caption ADDRESSES. proposal to amend part 39 of the Federal visible, mark the area in accordance with List of Subjects in 14 CFR Part 39 Paragraph 2.A. of the Accomplishment Aviation Regulations (14 CFR part 39) to Air transportation, Aircraft, Aviation Instructions of Eurocopter Deutschland include an airworthiness directive (AD) GmbH (ECD) Alert Service Bulletin ASB– that is applicable to Eurocopter Model safety, Incorporation by reference, Safety. MBB–BK 117–10–108, Revision 1, dated MBB–BK 117 A–1, A–3, A–4, B–1, B–2, October 14, 1994, and then inspect in and C–1 helicopters was published in Adoption of the Amendment accordance with paragraph (a) of this AD. the Federal Register on February 13, (c) If bulging exceeds 1mm (0.040 inch) in Accordingly, pursuant to the 1995 (60 FR 8205). That action proposed height, remove the blade and replace it with authority delegated to me by the to require initial and repetitive an airworthy blade in accordance with the Administrator, the Federal Aviation inspections of the M/R blade upper and applicable maintenance manual. Administration amends part 39 of the lower surfaces for bulging. (d) An alternative method of compliance or Interested persons have been afforded Federal Aviation Regulations (14 CFR adjustment of the compliance time that an opportunity to participate in the part 39) as follows: provides an acceptable level of safety may be making of this amendment. No used when approved by the Manager, FAA, PART 39ÐAIRWORTHINESS Rotorcraft Directorate, Rotorcraft Standards comments were received on the DIRECTIVES Staff. Operators shall submit their requests proposal or the FAA’s determination of through an FAA Principal Maintenance the cost to the public. The FAA has 1. The authority citation for part 39 Inspector, who may concur or comment and determined that air safety and the continues to read as follows: then send it to the Manager, Rotorcraft public interest require the adoption of Authority: 49 U.S.C. 106(g), 40101, 40113, Standards Staff. the rule as proposed, except for editorial 44701. Note 2: Information concerning the changes and adding explanatory Note 1, existence of approved alternative methods of relating to the scope of the applicability § 39.13 [Amended] compliance with this AD, if any, may be statement when modifications, 2. Section 39.13 is amended by obtained from the Rotorcraft Standards Staff. alterations, or repairs have been made in adding a new airworthiness directive to (e) Special flight permits may be issued in the area subject to the requirements of read as follows: accordance with sections 21.197 and 21.199 the AD. The FAA has determined that AD 95–21–12 Eurocopter Deutschland GmbH of the Federal Aviation Regulations (14 CFR these changes will neither increase the (ECD): Amendment 39–9399. Docket No. 21.197 and 21.199) to operate the helicopter economic burden on any operator nor 94–SW–19–AD. to a location where the requirements of this increase the scope of the AD. Applicability: Model MBB–BK 117 A–1, A– AD can be accomplished. The FAA estimates that 125 3, A–4, B–1, B–2, and C–1 helicopters, (f) The inspection and replacement, if helicopters of U.S. registry will be certificated in any category. necessary, shall be done in accordance with Eurocopter Deutschland GmbH (ECD) Alert affected by this AD, that it will take Note 1: This AD applies to each helicopter Service Bulletin ASB–MBB–BK 117–10–108, approximately one-half work hour per identified in the preceding applicability Revision 1, dated October 14, 1994. This helicopter to accomplish the required provision, regardless of whether it has been modified, altered, or repaired in the area incorporation by reference was approved by actions, and that the average labor rate the Director of the Federal Register in is $60 per work hour. Based on these subject to the requirements of this AD. For helicopters that have been modified, altered, accordance with 5 U.S.C. 552(a) and 1 CFR figures, the total cost impact of the AD part 51. Copies may be obtained from on U.S. operators is estimated to be or repaired so that the performance of the requirements of this AD is affected, the American Eurocopter Corporation, 2701 $3,750. owner/operator must use the authority Forum Drive, Grand Prairie, Texas 75053– The regulations adopted herein will provided in paragraph (d) to request approval 4005. Copies may be inspected at the FAA, not have substantial direct effects on the from the FAA. This approval may address Office of the Assistant Chief Counsel, 2601 States, on the relationship between the either no action, if the current configuration Meacham Blvd., Room 663, Fort Worth, national government and the States, or eliminates the unsafe condition, or different Texas; or at the Office of the Federal Register, on the distribution of power and actions necessary to address the unsafe 800 North Capitol Street, NW., suite 700, responsibilities among the various condition described in this AD. Such a Washington, DC. levels of government. Therefore, in request should include an assessment of the (g) This amendment becomes effective on accordance with Executive Order 12612, effect of the changed configuration on the November 20, 1995. unsafe condition addressed by this AD. In no it is determined that this final rule does Issued in Fort Worth, Texas, on October 4, case does the presence of any modification, 1995. not have sufficient federalism alteration, or repair remove any helicopter Daniel P. Salvano, implications to warrant the preparation from the applicability of this AD. Manager, Rotorcraft Directorate, Aircraft of a Federalism Assessment. Compliance: Required as indicated, unless Certification Service. For the reasons discussed above, I accomplished previously. certify that this action (1) is not a To detect movement of a balance weight [FR Doc. 95–25522 Filed 10–13–95; 8:45 am] ‘‘significant regulatory action’’ under and to prevent severe vibrations and a BILLING CODE 4910±13±U Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53509
DEPARTMENT OF HEALTH AND in the Dockets Management Branch EFFECTIVE DATE: October 16, 1995. HUMAN SERVICES (HFA–305), Food and Drug FOR FURTHER INFORMATION CONTACT: Administration, rm. 1–23, 12420 Benjamin A. Puyot, Center for Food and Drug Administration Parklawn Dr., Rockville, MD 20857, Veterinary Medicine (HFV–130), Food between 9 a.m. and 4 p.m., Monday and Drug Administration, 7500 Standish 21 CFR Part 522 through Friday. Pl., Rockville, MD 20855, 301–594– The agency has determined under 21 Implantation or Injectable Dosage 1646. CFR 25.24(d)(1)(i) that this action is of Form New Animal Drugs; SUPPLEMENTARY INFORMATION: Syntex a type that does not individually or Phenylbutazone Injection Animal Health, Division of Syntex cumulatively have a significant effect on Agribusiness, Inc., 3401 Hillview Ave., AGENCY: Food and Drug Administration, the human environment. Therefore, Palo Alto, CA 94304, has informed FDA HHS. neither an environmental assessment that it has transferred the ownership of, ACTION: Final rule. nor an environmental impact statement and all rights and interests in, approved is required. NADA 141–025 (Laidlomycin) to SUMMARY: The Food and Drug List of Subjects in 21 CFR Part 522 Hoffman-La Roche, Inc., Nutley, NJ Administration (FDA) is amending the 07110–1199. animal drug regulations to reflect Animal drugs. Accordingly, the agency is amending approval of an abbreviated new animal Therefore, under the Federal Food, the regulations in 21 CFR 558.305 to drug application (ANADA) filed by Drug, and Cosmetic Act and under reflect the change of sponsor. Phoenix Scientific, Inc. The ANADA authority delegated to the Commissioner provides for the use of a generic of Food and Drugs and redelegated to List of Subject in 21 CFR Part 558 phenylbutazone injection in horses as the Center for Veterinary Medicine, 21 Animal drugs, Animal feeds. an anti-inflammatory agent. CFR part 522 is amended as follows: Therefore, under the Federal Food, EFFECTIVE DATE: October 16, 1995. Drug, and Cosmetic Act and under PART 522ÐIMPLANTATION OR FOR FURTHER INFORMATION CONTACT: authority delegated to the Commissioner INJECTABLE DOSAGE FORM NEW Sandra K. Woods, Center for Veterinary of Food and Drugs and redelegated to ANIMAL DRUGS Medicine (HFV-114), Food and Drug the Center for Veterinary Medicine, 21 Administration, 7500 Standish Pl., 1. The authority citation for 21 CFR CFR part 558 is amended as follows: Rockville, MD 20855, 301–594–1617. part 522 continues to read as follows: PART 558ÐNEW ANIMAL DRUGS FOR SUPPLEMENTARY INFORMATION: Phoenix Authority: Sec. 512 of the Federal Food, USE IN ANIMAL FEEDS Scientific, Inc., 3915 South 48th Street Drug, and Cosmetic Act (21 U.S.C. 360b). Ter., P.O. Box 6457, St. Joseph, MO 2. Section 522.1720 is amended by 1. The authority citation for 21 CFR 64506–0457, is the sponsor of ANADA removing the footnote in paragraphs (c) part 558 continues to read as follows: 200–126 which provides for the use of and (d) and by revising paragraph (b)(2) Authority: Secs. 512, 701 of the Federal generic Phenylbutazone 20% Injection to read as follows: Food, Drug, and Cosmetic Act (21 U.S.C. (200 milligrams (mg) of phenylbutazone 360b, 371). per milliliter (mL) of solution) for the § 522.1720 Phenylbutazone injection. § 558.305 [Amended] relief of inflammatory conditions * * * * * associated with the musculoskeletal (b) * * * 2. Section 558.305 Laidlomycin system in horses. (2) Approval for use of the 200 propionate potassium is amended in Approval of ANADA 200–126 for milligrams per milliliter drug in horses: paragraph (a) by removing ‘‘000033’’ Phoenix Scientific’s Phenylbutazone See sponsor Nos. 000010, 000402, and adding in its place ‘‘000004’’. 20% Injection is as a generic copy of 000864, and 059130 in § 510.600(c) of Dated: October 4, 1995. Coopers Animal Health’s Butazolidin this chapter. Robert C. Livingston, (200 mg of phenylbutazone per mL) * * * * * Director, Office of New Animal Drug which is covered by NADA 011–575. Dated: October 2, 1995. Evaluation, Center for Veterinary Medicine. The ANADA is approved as of [FR Doc. 95–25504 Filed 10–13–95; 8:45 am] September 1, 1995, and the regulations Stephen F. Sundlof, BILLING CODE 4160±01±F are amended in 21 CFR 522.1720 to Director, Center for Veterinary Medicine. reflect the approval. The basis for [FR Doc. 95–25503 Filed 10–13–95; 8:45 am] approval is discussed in the freedom of BILLING CODE 4160±01±F DEPARTMENT OF THE TREASURY information summary. In addition, the regulation contains an Internal Revenue Service outdated footnote and superscript 21 CFR Part 558 references citing the National Academy 26 CFR Parts 31 and 602 of Science/National Research Council New Animal Drugs; Change of Sponsor [TD 8624] (NAS/NRC) status of these products. AGENCY: Food and Drug Administration, The Generic Animal Drug and Patent HHS. RIN 1545±AT87 Term Restoration Act of 1988 changed ACTION: Final rule. that status. The NAS/NRC footnote Reporting of Nonpayroll Withheld Tax references are removed at this time. SUMMARY: The Food and Drug Liabilities In accordance with the freedom of Administration (FDA) is amending the AGENCY: Internal Revenue Service (IRS), information provisions of part 20 (21 animal drug regulations to reflect a Treasury. CFR part 20) and § 514.11(e)(2)(ii) (21 change of sponsor for a new animal drug ACTION: Final and temporary CFR 514.11(e)(2)(ii)), a summary of application (NADA) from Syntex regulations. safety and effectiveness data and Animal Health, Division of Syntex information submitted to support Agribusiness, Inc., to Hoffman-La SUMMARY: This document contains final approval of this application may be seen Roche, Inc. and temporary regulations relating to 53510 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations the reporting of nonpayroll withheld are confidential, as required by 26 12866. Therefore, a regulatory income taxes under section 6011 of the U.S.C. 6103. assessment is not required. It has also Internal Revenue Code. The temporary been determined that section 553(b) of Background regulations remove the requirement that the Administrative Procedure Act (5 a person file Form 945, Annual Return On December 23, 1993, the IRS U.S.C. chapter 5) and the Regulatory of Withheld Federal Income Tax, for published final regulations (TD 8504) in Flexibility Act (5 U.S.C. chapter 6) do each calendar year, whether or not the the Federal Register (58 FR 68033) not apply to these regulations and, person is required to withhold the taxes relating to both the reporting and therefore, a Regulatory Flexibility reported on Form 945 in a particular depositing of Federal employment taxes. Analysis is not required. Pursuant to calendar year. The temporary Those regulations simplify reporting section 7805(f) of the Internal Revenue regulations require that a person file requirements by removing all Code, a copy of these temporary Form 945 only for a calendar year in ‘‘nonpayroll’’ withheld taxes from regulations will be submitted to the which the person is required to reporting on Form 941, Employer’s Chief Counsel for Advocacy of the Small withhold taxes required to be reported Quarterly Federal Tax Return (or Form Business Administration for comment on Form 945. The text of these 941E, Quarterly Return of Withheld on their impact on small business. temporary regulations also serves as the Federal Income Tax and Medicare Tax) Drafting Information text of the proposed regulations set forth and requiring those taxes to be reported on Form 945. Those final regulations in the notice of proposed rulemaking on The principal author of these this subject in the Proposed Rules were effective December 23, 1993. Section 31.6011(a)–4(b) of those regulations is Vincent G. Surabian, section of this issue of the Federal Office of the Assistant Chief Counsel Register. regulations provides that every person required to make a return of income tax (Income Tax and Accounting). However, EFFECTIVE DATE: These regulations are withheld from nonpayroll payments for other personnel from the IRS and effective October 16, 1995. calendar year 1994 must make a return Treasury Department participated in FOR FURTHER INFORMATION CONTACT: for calendar year 1994 and for each their development. Vincent G. Surabian, 202–622–6232 (not subsequent calendar year (whether or List of Subjects a toll-free number). not any such tax is required to be 26 CFR Part 31 SUPPLEMENTARY INFORMATION: withheld that year) until a final return is made in accordance with Employment taxes, Income taxes, Paperwork Reduction Act § 31.6011(a)–6. In addition, every Penalties, Pensions, Railroad retirement, These regulations are being issued person not required to make a return of Reporting and recordkeeping without prior notice and public income tax withheld from nonpayroll requirements, Social security, procedure pursuant to the payments for calendar year 1994 must Unemployment compensation. Administrative Procedure Act (5 U.S.C. make a return for the first calendar year 553). For this reason, the collection of after 1994 in which the person is 26 CFR Part 602 information contained in these required to withhold the tax and for each subsequent calendar year until a Reporting and recordkeeping regulations has been reviewed and, requirements. pending receipt and evaluation of final return is made in accordance with public comments, approved by the § 31.6011(a)–6. Adoption of Amendments to the Office of Management and Budget under In the preamble to TD 8504, the IRS Regulations control number 1545–1413. Responses stated that it welcomed and would Accordingly, 26 CFR parts 31 and 602 to this collection of information are consider comments from the public are amended as follows: required to monitor compliance with regarding the requirement to continue filing Form 945 annually, regardless of the federal tax laws related to the PART 31ÐEMPLOYMENT TAXES AND reporting and deposit of nonpayroll liability, until a final return is filed in accordance with § 31.6011(a)–6. Several COLLECTION OF INCOME TAX AT withheld taxes. SOURCE An agency may not conduct or commentators responded to that invitation, all opposing the requirement sponsor, and a person is not required to Paragraph 1. The authority citation respond to, a collection of information to file a return for a calendar year for which there is no liability. As a result, for part 31 is amended by adding an unless the collection of information entry in numerical order to read as displays a valid control number. the IRS has reconsidered the specific requirement. follows: For further information concerning Authority: 26 U.S.C. 7805 * * * this collection of information, and Explanation of Provisions where to submit comments on the These temporary regulations remove Section 31.6011(a)–4T also issued collection of information and the the requirement that, once a person files under 26 U.S.C. 6011. * ** accuracy of the estimated burden, and an annual Form 945, the person must Par 2. Section 31.6011(a)–4 is suggestions for reducing this burden, file a Form 945 every subsequent year amended by revising paragraph (b) to please refer to the preamble to the cross- until the person files a final return. read as follows: referencing notice of proposed Under these temporary regulations, a rulemaking published in the Proposed person must file a Form 945 only for a § 31.6011(a)±4 Returns of income tax Rules section of this issue of the Federal calendar year in which the person is withheld. Register. required to withhold Federal income tax * * * * * Books or records relating to a from nonpayroll payments. (b) [Reserved] For further guidance collection of information must be see § 31.6011(a)–4T(b). retained as long as their contents may Special Analyses become material in the administration It has been determined that this * * * * * of any internal revenue law. Generally, Treasury decision is not a significant Par. 3. Section 31.6011(a)–4T is tax returns and tax return information regulatory action as defined in EO added to read as follows: Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53511
§ 31.6011(a)±4T Returns of income tax entry ‘‘31.6011(a)–4T . . . . 1545– IV. Summary and Disposition of Comments withheld (temporary). 1413’’ in numerical order. V. Director’s Decision VI. Procedural Determinations (a) [Reserved] For further guidance Margaret Milner Richardson, see § 31.6011(a)–4(a). Commissioner of Internal Revenue. I. Background on the Indiana Program (b) Withheld from nonpayroll Approved: September 22, 1995. On July 29, 1982, the Secretary of the payments. Every person required to Leslie Samuels, Interior conditionally approved the withhold tax from nonpayroll payments Assistant Secretary of the Treasury. Indiana program. Background for calendar year 1994 must make a [FR Doc. 95–25314 Filed 10–13–95; 8:45 am] information on the Indiana program, return for calendar year 1994 and for BILLING CODE 4830±01±U including the Secretary’s findings, the any subsequent calendar year in which disposition of comments, and the any such tax is required to be withheld conditions of approval can be found in until the person makes a final return in DEPARTMENT OF THE INTERIOR the July 26, 1982, Federal Register (47 accordance with § 31.6011(a)–6. Every FR 32107). Subsequent actions person not required to withhold tax Office of Surface Mining Reclamation concerning the conditions of approval from nonpayroll payments for calendar and Enforcement and program amendments can be found at 30 CFR 914.10, 914.15, and 914.16. year 1994 must make a return for the 30 CFR Part 914 first calendar year after 1994 in which II. Submission of the Proposed the person is required to withhold such [SPATS No. IN±126±FOR; State Program Amendment tax and for any subsequent calendar Amendment No. 95±9] By letter dated May 11, 1995 year in which the person is required to Indiana Regulatory Program withhold such tax until the person (Administrative Record No. IND–1469), makes a final return in accordance with AGENCY: Office of Surface Mining Indiana submitted a proposed § 31.6011(a)–6. Form 945, Annual Reclamation and Enforcement (OSM), amendment to its program pursuant to Return of Withheld Federal Income Tax, Interior. SMCRA. Indiana submitted the proposed amendment at its own is the form prescribed for making the ACTION: Final rule; approval of initiative. Indiana proposed to add return required under this paragraph (b). amendment. definitions at 310 IAC 12–0.5–2, 12– Nonpayroll payments are— SUMMARY: OSM is approving a proposed 0.5–14, 12–0.5–57, 12–0.5–95, 12–0.5– (1) Certain gambling winnings subject amendment to the Indiana regulatory 99, and 12–0.5–123. These definitions to withholding under section 3402(q); program (hereinafter referred to as the pertain to acid drainage; augmented (2) Retirement pay for services in the ‘‘Indiana program’’) under the Surface seeding, fertilization, or irrigation; high Armed Forces of the United States Mining Control and Reclamation Act of level management; public building; subject to withholding under section 1977 (SMCRA). Indiana proposed randomly located; and support facility, 3402; additions to the Indiana Administrative respectively. Code [IAC] rules at 310 IAC 12 OSM announced receipt of the (3) Certain annuities as described in pertaining to definition of terms used in section 3402(o)(1)(B); proposed amendment in the May 30, the Indiana Program. The amendment is 1995, Federal Register (59 FR 28073), (4) Pensions, annuities, IRAs, and intended to revise the Indiana program and in the same document opened the certain other deferred income subject to to be consistent with the corresponding public comment period and provided an withholding under section 3405; and Federal regulations and to provide opportunity for a public hearing on the (5) Reportable payments subject to additional safeguards. adequacy of the proposed amendment. backup withholding under section 3406. EFFECTIVE DATE: October 16, 1995. The public comment period closed on FOR FURTHER INFORMATION CONTACT: June 29, 1995. PART 602ÐOMB CONTROL NUMBERS Mr. Roger W. Calhoun, Director, III. Director’s Findings UNDER THE PAPERWORK Indianapolis Field Office, Office of REDUCTION ACT Surface Mining Reclamation and Set forth below, pursuant to SMCRA Enforcement, Minton-Capehart Federal and the Federal regulations at 30 CFR Par. 4. The authority citation for part Building, 575 North Pennsylvania 732.15 and 732.17, are the Director’s 602 continues to read as follows: Street, Room 301, Indianapolis, Indiana findings concerning the proposed 46204, Telephone (317) 226–6700. Authority: 26 U.S.C. 7805. amendment. SUPPLEMENTARY INFORMATION: § 602.101 [Amended] A. Revisions to Indiana Regulations I. Background on the Indiana Program That Are Substantively Identical to the Par. 5. Section 602.101, paragraph (c) II. Submission of the Proposed Amendment Corresponding Provisions of the Federal is amended in the table by adding the III. Director’s Findings Regulations
Federal State regulation Subject counterpart
310 IAC 12±0.5±2 ...... Definition of Acid Drainage ...... 30 CFR 701.5 310 IAC 12±0.5±95 ...... Definition of Public Building ...... 30 CFR 761.5 53512 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
Because the above proposed application content requirements for On November 22, 1988, OSM definitions are identical in meaning to information pertaining to the removed its definition of ‘‘support the corresponding Federal definitions, productivity of prime farmlands prior to facilities’’ from 30 CFR 701.5 (53 FR the Director finds that Indiana’s mining. The term, as used, does not 47378). Indiana has chosen to provide proposed rules are no less effective than alter the reclamation or productivity additional clarification and guidance to the Federal rules. requirements for lands to be mined. its mine operators by adding one to its Although OSM chose not to include a B. Revisions to Indiana’s Regulations program. The Director acknowledges definition of high level management in With No Corresponding Federal that the proposed definition will its regulations, the Indiana definition Regulations supplement Indiana’s regulations at 310 includes all of the general requirements IAC 12–5–71 pertaining to support 1. 310 IAC 12–0.5–14 Augmented published by the U.S. Natural Resources facilities and utility installations. OSM Seeding, Fertilization, or Irrigation. Conservation Service in its National noted in the November 22, 1988, Indiana proposed to define ‘‘augmented Soils Handbook and additional Federal Register that some State seeding, fertilization, or irrigation’’ as management practices to aid permit programs contain a definition of support seeding, fertilizing, or irrigating in evaluators in reviewing the information facilities, and the Director did not excess of normal agronomic practices submitted with a mining permit. require these States to remove them. within the region. Therefore, the Director finds the OSM amended the Federal regulations While only two approved State programs proposed definition at 310 IAC 12–0.5– contain a definition of support facilities, at 30 CFR 816.116(c) and 817.116(c) on 57 is not inconsistent with the September 7, 1988 (53 FR 34636). These rarely have objections been raised to OSMRE requirements of the Federal regulations concerning the administration of State regulations provide for regulatory at 30 CFR 785.17(c). programs on this issue. authority approval of ‘‘selective 3. 310 IAC 12–0.5–99 Randomly husbandry practices.’’ OSM, in Located. Indiana proposed to define Based on the above discussion, the discussing the approval of selective ‘‘randomly located’’ as the selection of Director finds the proposed definition at husbandry practices, stated ‘‘these a location that is statistically 310 IAC 12–0.5–123 is not inconsistent approved practices were allowed to independent of all previous and future with the requirements of SMCRA and occur during the liability period without location selections. the Federal regulations. restarting the five- or ten-year period The term ‘‘randomly located’’ is used IV. Summary and Disposition of responsibility for successful by Indiana in its revegetation standard Comments revegetation provided the practice was a regulations to denote the selection of ‘normal conservation practice’ and was sampling locations. OSM’s regulations Public Comments not augmented seeding, fertilizing, at 30 CFR 816.116(a)(1) and irrigation, or other work.’’ (Emphasis 817.116(a)(1) allow each State to The Director solicited public added.) establish its own testing procedures comments and provided an opportunity OSM uses the above emphasized within certain general guidelines. At a for a public hearing on the proposed language in its regulations at 30 CFR minimum, OSM would require that any amendment. No public comments were 816.116(c) and 817.116(c) to make a testing procedure selected by the State received and because no one requested distinction between normal and be based on valid statistical methods. an opportunity to speak at a public augmented husbandry practices. The proposed definition requires that all hearing, no hearing was held. Indiana’s proposed definition makes a locations selected must be statistically Federal Agency Comments similar distinction. Therefore, the independent of all others. Any method Director finds the proposed definition at used to actually locate positions in the Pursuant to 30 CFR 732.17(h)(11)(i), 310 IAC 12–0.5–14 is no less effective field would have to meet the definition. the Director solicited comments on the than the Federal regulation provisions Therefore, the Director finds the proposed amendment from various pertaining to normal husbandry definition is consistent with and no less Federal agencies with an actual or practices. effective than 30 CFR 816.116(a)(1) and potential interest in the Indiana 2. 310 IAC 12–0.5–57 High Level 817.116(a)(1). program. In a letter dated June 19, 1995 Management. Indiana proposed a 4. 310 IAC 12–0.5–123 Support (Administrative Record No. IND–1490), definition for ‘‘high level management’’ Facility. Indiana proposed a definition the U.S. Bureau of Mines commented as it relates to agronomic practices. The of ‘‘support facility’’ that contains the that the definition of acid drainage may definition includes use of cropping following provisions. Subsection (a) not include that drainage that would systems that help maintain the land; the relates a support facility to the activities emanate from the surface effects of control of erosion through conservation identified in 310 IAC 12–0.5–125(1), underground mines, either active or and water management practices; use of which defines surface coal mining abandoned, or from coal processing or soil tests for determining proper lime operations, and the area upon which the loading facilities. The definition as and fertilizer application; use of crop facility is located. Subsection (b) proposed is the same as the Federal residue for protection of soil; use of specifies that ‘‘resulting from or definition in 30 CFR 701.5. Both the conservation tillage practices where incidental to’’ connotes an element of Federal and Indiana definitions utilize needed; use of crop varieties that are proximity to the activity. Subsection (c) the term ‘‘surface coal mining and adapted to the climate and the soil of provides a list of support facilities reclamation operation’’ which under the region; use of currently accepted which includes mine buildings, bath both programs include surface mines management techniques for controlling houses, coal loading and storage and facilities and the surface effects of weeds, plant diseases, and harmful facilities, coal crushing and sizing underground mines. Therefore the insects for the region; and use of surface facilities, equipment and storage concerns raised by the U.S. Bureau of or subsurface drainage systems for wet facilities, fan buildings, hoist buildings, Mines are adequately addressed by the areas. sheds, shops, and other buildings, Indiana program. The proposed Indiana The term ‘‘high level management’’ is facilities used to treat and store water definition of acid drainage will not used in both the Indiana regulations and for mine consumption, and specific exempt drainage from any facility or the Federal regulations in the permit transportation facilities. operation regulated under SMCRA. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53513
Environmental Protection Agency (EPA) only the statutes, regulations, and other for which an economic analysis was Pursuant to 30 CFR 732.17(h)(11)(ii), materials approved by OSM, together prepared and certification made that OSM is required to obtain the written with any consistent implementing such regulations would not have a concurrence of the EPA with respect to policies, directives, and other materials, significant economic effect upon a those provisions of the proposed and will require the enforcement by substantial number of small entities. program amendment that relate to air or Indiana of only such provisions. Accordingly, this rule will ensure that water quality standards promulgated VI. Procedural Determinations existing requirements previously under the authority of the Clean Water promulgated by OSM will be Act (33 U.S.C. 1251 et seq.) or the Clean Executive Order 12866 implemented by the State. In making the Air Act (42 U.S.C. 7401 et seq.). This rule is exempted from review by determination as to whether this rule On May 18, 1995, OSM solicited the Office of Management and Budget would have a significant economic EPA’s concurrence with the proposed (OMB) under Executive Order 12866 impact, the Department relied upon the amendment (Administrative Record No. (Regulatory Planning and Review). data and assumptions for the IND–1482). On June 15, 1995, EPA gave corresponding Federal regulations. its written concurrence, without Executive Order 12778 comment on all of the definitions except The Department of the Interior has List of Subjects in 30 CFR 914 high level management (Administrative conducted the reviews required by Record No. IND–1489). EPA expressed section 2 of Executive Order 12778 Intergovernmental relations, Surface concern with the possible impacts of the (Civil Justice Reform) and has mining, Underground mining. language within the definition which determined that, to the extent allowed Dated: October 3, 1995. by law, this rule meets the applicable refers to ‘‘drainage wet areas.’’ When Brent Wahlquist, OSM explained that the definition was standards of subsections (a) and (b) of used in reference to the management of that section. However, these standards Regional Director, Mid-Continent Regional Coordinating Center. unmined lands for which only are not applicable to the actual language information was required under the of State regulatory programs and For the reasons set out in the Indiana Program, EPA issued a program amendments since each such preamble, Title 30, Chapter VII, program is drafted and promulgated by concurrence for the definition Subchapter T of the Code of Federal a specific State, not by OSM. Under (Administrative Record No. IND–1507). Regulations is amended as set forth sections 503 and 505 of SMCRA (30 State Historical Preservation Officer U.S.C. 1253 and 1255) and 30 CFR below: (SHPO) and the Advisory Council on 730.11, 732.15, and 732.17(h)(10), PART 914ÐINDIANA Historic Preservation (ACHP) decisions on proposed State regulatory Pursuant to 30 CFR 732.17(h)(4), OSM programs and program amendments 1. The authority citation for Part 914 solicited comments on the proposed submitted by the States must be based continues to read as follows: amendment from the SHPO and ACHP. solely on a determination of whether the No comments were received from either submittal is consistent with SMCRA and Authority: 30 U.S.C. 1201 et seq. agency. its implementing Federal regulations 2. Section 914.15 is amended by V. Director’s Decision and whether the other requirements of 30 CFR Parts 730, 731, and 732 have adding paragraph (lll) to read as follows: Based on the above findings, the been met. Director is approving the proposed § 914.15 Approval of regulatory program amendments. amendment as submitted by Indiana on National Environmental Policy Act May 11, 1995. No environmental impact statement is * * * * * The Federal regulations at 30 CFR required for this rule since section (111) The following rules, as Part 914, codifying decisions concerning 702(d) of SMCRA (30 U.S.C. 1292(d)) submitted to OSM on May 11, 1995, are the Indiana program, are being amended provides that agency decisions on approved effective October 16, 1995. to implement this decision. This final proposed State regulatory program rule is being made effective immediately provisions do not constitute major 310 IAC 12–0.5–2—Definition of acid to expedite the State program Federal actions within the meaning of drainage. amendment process and to encourage section 102(20(C) of the National 310 IAC 12–0.5–15—Definition of States to bring their programs into Environmental Policy Act (42 U.S.C. augmented seeding, fertilization, or conformity with the Federal standards 4332(2)(C)). irrigation. without undue delay. Consistency of State and Federal standards is required Paperwork Reduction Act 310 IAC 12–0.5–57—Definition of high by SMCRA. This rule does not contain level management. information collection requirements that 310 IAC 12–0.5–95—Definition of Effect of Director’s Decision require approval by OMB under the public building. Section 503 of SMCRA provides that Paperwork Reduction Act (44 U.S.C. 310 IAC 12–0.5–99—Definition of a State may not exercise jurisdiction 3507 et seq.). randomly located. under SMCRA unless the State program is approved by the Secretary. Similarly, Regulatory Flexibility Act 310 IAC 12–0.5–123—Definition of 30 CFR 732.17(a) requires that any The Department of the Interior has support facility. alteration of an approved State program determined that this rule will not have [FR Doc. 95–25555 Filed 10–13–95; 8:45 am] be submitted to OSM for review as a a significant economic impact on a BILLING CODE 4310±05±M program amendment. The Federal substantial number of small entities regulations at 30 CFR 732.17(g) prohibit under the Regulatory Flexibility Act (5 any unilateral changes to approved State U.S.C. 601 et seq.). The State submittal programs. In the oversight of the Indiana which is the subject of this rule is based program, the Director will recognize upon corresponding Federal regulations 53514 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
NATIONAL ARCHIVES AND RECORDS Register (57 FR 39018) on August 27, share, depending on the agency’s ADMINISTRATION 1992, requesting comments on proposed requirements. In § 1210.51(b), NARA revisions to OMB Circular A–110. has specified the reporting frequency 36 CFR Part 1210 Interested parties were invited to submit that is already required in 36 CFR RIN 3095±AA43 comments. OMB received over 200 1206.78 instead of listing all of the comments from Federal agencies, non- common rule allowed reporting Uniform Administrative Requirements profit organizations, professional frequencies. In § 1210.52(a)(1)(ii), we for Grants and Agreements With organizations and others. All comments have specified that the report shall be Institutions of Higher Education, were considered in a final revision of on a cash basis instead of the alternative Hospitals and Other Non-Profit Circular A–110 which was issued for accrual basis. Organizations governmentwide use in the Federal Because the NHPRC does not make Register on November 29, 1993. construction grants, NARA has not AGENCY: National Archives and Records Consequently, this rule is published as included in this part Circular A–110 Administration. an interim final rule because of the requirements related to construction ACTION: Interim final rule with request previous request for comment process programs. Although we recognize that a for comments. used in the development of the Circular, ‘‘common rule’’ or uniform regulation the large number of comments already issued by all grant-making agencies SUMMARY: In response to the received and considered by OMB and facilitates compliance, we believe that requirement of the Office of the Federal agencies, and the limited this benefit is offset by the potential for Management and Budget (OMB) for flexibility to revise this rule provided by confusion over regulatory provisions agencies to publish regulations OMB. that are not applicable to the grant incorporating the revised OMB Circular program. We specifically invite A–110, ‘‘Uniform Administrative National Historical Publications and comments on this point. Requirements for Grants and Records Commission Grant Program Agreements With Institutions of Higher The purpose of the National Historical Other Education, Hospitals and Other Non- Publications and Records Commission This rule is being issued as an interim Profit Organizations,’’ the National (NHPRC) is to promote the preservation final rule under the Administrative Archives and Records Administration and use of historically significant Procedures Act which permits an (NARA) is herewith adopting that documents. The Archivist of the United agency to issue a final rule without a circular, with certain modifications, in States awards grants recommended by prior notice of proposed rulemaking regulations which apply to grants the NHPRC. Grants are made for the (NPRM) if the agency finds that issuing administered by the National Historical preparation (compiling, editing and an NPRM would be impractical, Publications and Records Commission publishing) of printed, microforms, and unnecessary, and contrary to the public (NHPRC). The regulation will provide electronic publications; to nonprofit interest. As stated in the background standards for obtaining consistency and presses to help defray publication costs paragraphs of the supplementary uniformity in the administration of of Commission-supported editions; and information section of the preamble, grants and agreements with institutions for activities relating to the preservation, this rule is based on the revised OMB of higher education, hospitals, and other arrangement and description of Circular A–110, that was developed by non-profit organizations. This regulation historical records. Educational programs an interagency task force and received will not address requirements related to sponsored by the NHPRC include an extensive public comment. The revised construction programs since the NHPRC institute to provide training in Circular specifies that Federal agencies does not make construction grants. documentary editing and fellowships in responsible for awarding and DATES: This interim rule is effective the fields of documentary editing and administering grants and other November 15, 1995. archival administration. Since NHPRC agreements to recipients described Comments must be received by grants can be awarded to institutions of therein shall adopt the language in the December 15, 1995. higher education, hospitals, and other Circular unless other provisions are required by Federal statute or ADDRESSES: Comments should be sent to non-profit organizations to which the exceptions or deviations are approved Director, Policy and Planning Division, revised OMB Circular A–110 applies, by OMB. This publication of an interim National Archives and Records NARA is including provisions of the final rule solicits comments on these Administration (PIRM–POL), 8601 circular, with some modifications, as a specific grounds, that is whether there Adelphi Road, College Park, MD 20740– part in their regulations. The Catalog of are any reasons to deviate from the 6001. Comments may be faxed to (301) Federal Domestic Assistance (CFDA) language of the OMB Circular that are 713–7270. number for this program is 89.003. required by Federal statute or of FOR FURTHER INFORMATION CONTACT: Modifications to ‘‘Common Rule’’ sufficient import to warrant soliciting Mary Ann Hadyka or Nancy Allard at Provisions of OMB Circular A–110 OMB’s approval for a change. It should (301) 713–6730. In certain sections of the Circular, be noted that because the interim final SUPPLEMENTARY INFORMATION: alternative requirements are offered, rule is required to adopt the provisions depending on the Federal awarding of the Circular to the maximum extent Background agency’s requirements. Where possible, even word-for-word if possible This interim final rule incorporates appropriate, NARA has specified the as is done here, a Notice of Proposed and reflects the provisions of the Office alternative to be followed. In Rulemaking would be inappropriate and of Management and Budget (OMB) § 1210.25(a), for example, the regulation would not allow the public to make issuance of revised OMB Circular A–110 specifies that the budget plan shall comments that could have a significant at 58 FR 62992 in a new 36 CFR part include both the Federal and non- impact on the rule. This would make 1210. OMB Circular A–110 was Federal share, an NHPRC requirement; such an effort impractical, unnecessary, originally issued by OMB in 1976 with the Circular provided that the budget and contrary to public interest. minor revisions made in 1987. OMB plan may include either the Federal and This rule is a significant regulatory published a notice in the Federal non-Federal share, or only the Federal action for purposes of Executive Order Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53515
12866 of September 30, 1993, and has 1210.41 Recipient responsibilities. equipment, including the cost of been reviewed by the Office of 1210.42 Codes of conduct. modifications, attachments, accessories, Management and Budget. As required 1210.43 Competition. or auxiliary apparatus necessary to by the Regulatory Flexibility Act, it is 1210.44 Procurement procedures. make the property usable for the 1210.45 Cost and price analysis. hereby certified that this rule will not 1210.46 Procurement records. purpose for which it was acquired. have a significant impact on small 1210.47 Contract administration. Other charges, such as the cost of entities. 1210.48 Contract provisions. installation, transportation, taxes, duty or protective in-transit insurance, shall List of Subjects in 36 CFR Part 1210 Reports and Records be included or excluded from the unit Accounting, Administrative practice 1210.50 Purpose of reports and records. acquisition cost in accordance with the and procedure, Grant programs, Grants 1210.51 Monitoring and reporting program recipient’s regular accounting practices. administration, Insurance, Reporting performance. (d) Advance means a payment made and recordkeeping requirements. 1210.52 Financial reporting. 1210.53 Retention and access requirements by Treasury check or other appropriate For the reasons set forth in the for records. payment mechanism to a recipient upon preamble, NARA is adding Part 1210 to its request either before outlays are Subchapter A of Title 36 of the Code of Termination and Enforcement made by the recipient or through the use Federal Regulations to read as follows: 1210.60 Purpose of termination and of predetermined payment schedules. enforcement. (e) Award means financial assistance PART 1210ÐUNIFORM 1210.61 Termination. that provides support or stimulation to ADMINISTRATIVE REQUIREMENTS 1210.62 Enforcement. accomplish a public purpose. Awards FOR GRANTS AND AGREEMENTS Subpart DÐAfter-the-Award Requirements include grants and other agreements in WITH INSTITUTIONS OF HIGHER the form of money or property in lieu EDUCATION, HOSPITALS, AND 1210.70 Purpose. 1210.71 Closeout procedures. of money, by the NHPRC to an eligible OTHER NON-PROFIT ORGANIZATIONS 1210.72 Subsequent adjustments and recipient. The term does not include: Subpart AÐGeneral continuing responsibilities. technical assistance, which provides 1210.73 Collection of amounts due. Sec. services instead of money; other 1210.1 Purpose. Appendix A—Contract Provisions assistance in the form of loans, loan 1210.2 Definitions. Authority: 44 U.S.C. 2104(a); 44 U.S.C. guarantees, interest subsidies, or 1210.3 Effect on other issuances. 2501–2506. insurance; direct payments of any kind 1210.4 Deviations. to individuals; and, contracts which are 1210.5 Subawards. Subpart AÐGeneral required to be entered into and Subpart BÐPre-Award Requirements administered under procurement laws § 1210.1 Purpose. and regulations. 1210.10 Purpose. This part establishes uniform 1210.11 Pre-award policies. (f) Cash contributions means the 1210.12 Forms for applying for Federal administrative requirements for NHPRC recipient’s cash outlay, including the assistance. grants and agreements awarded to outlay of money contributed to the 1210.13 Debarment and suspension. institutions of higher education, recipient by third parties. 1210.14 Special award conditions. hospitals, and other non-profit (g) Closeout means the process by 1210.15 Metric system of measurement. organizations. Non-profit organizations which the NHPRC determines that all 1210.16 Resource Conservation and that implement NHPRC programs for the applicable administrative actions and Recovery Act. States are also subject to State 1210.17 Certifications and representations. all required work of the award have requirements. been completed by the recipient and the Subpart CÐPost-Award Requirements § 1210.2 Definitions. NHPRC. Financial and Program Management (h) Contract means a procurement (a) Accrued expenditures means the contract under an award or subaward, 1210.20 Purpose of financial and program charges incurred by the recipient during and a procurement subcontract under a management. a given period requiring the provision of 1210.21 Standards for financial recipient’s or subrecipient’s contract. funds for: management systems. (i) Cost sharing or matching means 1210.22 Payment. (1) Goods and other tangible property received; that portion of project or program costs 1210.23 Cost sharing or matching. not borne by the NHPRC. 1210.24 Program income. (2) Services performed by employees, 1210.25 Revision of budget and program contractors, subrecipients, and other (j) Date of completion means the date plans. payees; and, on which all work under an award is 1210.26 Non-Federal audits. (3) Other amounts becoming owed completed or the date on the award 1210.27 Allowable costs. under programs for which no current document, or any supplement or 1210.28 Period of availability of funds. services or performance is required. amendment thereto, on which NHPRC Property Standards (b) Accrued income means the sum of: sponsorship ends. (k) Disallowed costs means those 1210.30 Purpose of property standards. (1) Earnings during a given period 1210.31 Insurance coverage. from charges to an award that the NHPRC 1210.32 Real property. (i) Services performed by the determines to be unallowable, in 1210.33 Federally-owned and exempt recipient, and accordance with the applicable Federal property. (ii) Goods and other tangible property cost principles or other terms and 1210.34 Equipment. delivered to purchasers, and conditions contained in the award. 1210.35 Supplies and other expendable (2) Amounts becoming owed to the (l) Equipment means tangible property. recipient for which no current services nonexpendable personal property 1210.36 Intangible property. 1210.37 Property trust relationship. or performance is required by the including exempt property charged recipient. directly to the award having a useful life Procurement Standards (c) Acquisition cost of equipment of more than one year and an 1210.40 Purpose of procurement standards. means the net invoice price of the acquisition cost of $5,000 or more per 53516 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations unit. However, consistent with recipient goods and services, the amount of but excludes movable machinery and policy, lower limits may be established. indirect expense charged, the value of equipment. (m) Excess property means property third party in-kind contributions (ee) Recipient means an organization under the control of the NHPRC that, as applied and the amount of cash receiving financial assistance directly determined by the head thereof, is no advances and payments made to from the NHPRC to carry out a project longer required for its needs or the subrecipients. For reports prepared on or program. The term includes public discharge of its responsibilities. an accrual basis, outlays are the sum of and private institutions of higher (n) Exempt property means tangible cash disbursements for direct charges education, public and private hospitals, personal property acquired in whole or for goods and services, the amount of and other quasi-public and private non- in part with NHPRC funds, where the indirect expense incurred, the value of profit organizations such as, but not NHPRC has statutory authority to vest in-kind contributions applied, and the limited to, community action agencies, title in the recipient without further net increase (or decrease) in the research institutes, educational obligation to the Federal Government. amounts owed by the recipient for associations, and health centers. The An example of exempt property goods and other property received, for term may include commercial authority is contained in the Federal services performed by employees, organizations, foreign or international Grant and Cooperative Agreement Act contractors, subrecipients and other organizations (such as agencies of the (31 U.S.C. 6306), for property acquired payees and other amounts becoming United Nations) which are recipients, under an award to conduct basic or owed under programs for which no subrecipients, or contractors or applied research by a non-profit current services or performance are subcontractors of recipients or institution of higher education or non- required. subrecipients at the discretion of the profit organization whose principal (x) Personal property means property NHPRC. The term does not include purpose is conducting scientific of any kind except real property. It may government-owned contractor-operated research. be tangible, having physical existence, facilities or research centers providing (o) Federal awarding agency means or intangible, having no physical continued support for mission-oriented, the Federal agency that provides an existence, such as copyrights, patents, large-scale programs that are award to the recipient. or securities. government-owned or controlled, or are (p) Federal funds authorized means (y) Prior approval means written designated as federally-funded research the total amount of NHPRC funds approval by an authorized official and development centers. evidencing prior consent. obligated by the Federal Government for (ff) Research and development means use by the recipient. This amount may (z) Program income means gross income earned by the recipient that is all research activities, both basic and include any authorized carryover of applied, and all development activities unobligated funds from prior funding directly generated by a supported activity or earned as a result of the that are supported at universities, periods when permitted by NHPRC colleges, and other non-profit regulations or NHPRC implementing award (see exclusions in § 1210.24 (e) and (h)). Program income includes, but institutions. ‘‘Research’’ is defined as a instructions. systematic study directed toward fuller (q) Federal share of real property, is not limited to, income from fees for scientific knowledge or understanding equipment, or supplies means that services performed, the use or rental of of the subject studied. ‘‘Development’’ is percentage of the property’s acquisition real or personal property acquired under the systematic use of knowledge and costs and any improvement federally-funded projects, the sale of understanding gained from research expenditures paid with NHPRC funds. commodities or items fabricated under directed toward the production of useful (r) Funding period means the period an award, license fees and royalties on materials, devices, systems, or methods, of time when NHPRC funding is patents and copyrights, and interest on including design and development of available for obligation by the recipient. loans made with award funds. Interest (s) Intangible property and debt earned on advances of Federal funds is prototypes and processes. The term instruments means, but is not limited to, not program income. Except as research also includes activities trademarks, copyrights, patents and otherwise provided in NHPRC involving the training of individuals in patent applications and such property regulations or the terms and conditions research techniques where such as loans, notes and other debt of the award, program income does not activities utilize the same facilities as instruments, lease agreements, stock include the receipt of principal on other research and development and other instruments of property loans, rebates, credits, discounts, etc., or activities and where such activities are ownership, whether considered tangible interest earned on any of them. not included in the instruction function. or intangible. (aa) Project costs means all allowable (gg) Small awards means a grant or (t) NARA means the National costs, as set forth in the applicable cooperative agreement not exceeding Archives and Records Administration. Federal cost principles, incurred by a the small purchase threshold fixed at 41 (u) NHPRC means the National recipient and the value of the U.S.C. 403(11) (currently $25,000). Historical Publications and Records contributions made by third parties in (hh) Subaward means an award of Commission. accomplishing the objectives of the financial assistance in the form of (v) Obligations means the amounts of award during the project period. money, or property in lieu of money, orders placed, contracts and grants (bb) Project period means the period made under an award by a recipient to awarded, services received and similar established in the award document an eligible subrecipient or by a transactions during a given period that during which NHPRC sponsorship subrecipient to a lower tier subrecipient. require payment by the recipient during begins and ends. The term includes financial assistance the same or a future period. (cc) Property means, unless otherwise when provided by any legal agreement, (w) Outlays or expenditures means stated, real property, equipment, even if the agreement is called a charges made to the project or program. intangible property and debt contract, but does not include They may be reported on a cash or instruments. procurement of goods and services nor accrual basis. For reports prepared on a (dd) Real property means land, does it include any form of assistance cash basis, outlays are the sum of cash including land improvements, which is excluded from the definition of disbursements for direct charges for structures and appurtenances thereto, ‘‘award’’ in paragraph (e) of this section. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53517
(ii) Subrecipient means the legal to the recipient to cover its estimated 6301–08) governs the use of grants, entity to which a subaward is made and disbursement needs for a given initial cooperative agreements and contracts. A which is accountable to the recipient for period. grant or cooperative agreement shall be the use of the funds provided. The term used only when the principal purpose may include foreign or international § 1210.3 Effect on other issuances. of a transaction is to accomplish a organizations (such as agencies of the For awards subject to this part, all public purpose of support or United Nations) at the discretion of the administrative requirements of codified stimulation authorized by Federal NHPRC. program regulations, program manuals, statute. The statutory criterion for (jj) Supplies means all personal handbooks and other nonregulatory choosing between grants and property excluding equipment, materials which are inconsistent with cooperative agreements is that for the intangible property, and debt the requirements of this part shall be latter, ‘‘substantial involvement is instruments as defined in this section, superseded, except to the extent they expected between the executive agency and inventions of a contractor are required by statute, or authorized in and the State, local government, or other conceived or first actually reduced to accordance with the deviations recipient when carrying out the activity practice in the performance of work provision in § 1210.4. contemplated in the agreement.’’ under a funding agreement (‘‘subject § 1210.4 Deviations. Contracts shall be used when the inventions’’), as defined in 37 CFR Part The Office of Management and Budget principal purpose is acquisition of 401, ‘‘Rights to Inventions Made by property or services for the direct Nonprofit Organizations and Small (OMB) may grant exceptions for classes of grants or recipients subject to the benefit or use of the Federal Business Firms Under Government Government. Grants, Contracts, and Cooperative requirements of this part when exceptions are not prohibited by statute. (b) Public notice and priority setting. Agreements.’’ The NHPRC shall notify the public of its (kk) Suspension means an action by However, in the interest of maximum uniformity, exceptions from the intended funding priorities for the NHPRC that temporarily withdraws discretionary grant programs. Federal sponsorship under an award, requirements of this part shall be pending corrective action by the permitted only in unusual § 1210.12 Forms for applying for Federal recipient or pending a decision to circumstances. The NHPRC may apply assistance. terminate the award by the NHPRC. more restrictive requirements to a class (a) The NHPRC shall comply with the Suspension of an award is a separate of recipients when approved by OMB. applicable report clearance action from suspension under NARA The NHPRC may apply less restrictive requirements of 5 CFR Part 1320, regulations implementing E.O. 12549 requirements when awarding small ‘‘Controlling Paperwork Burdens on the and E.O. 12689, ‘‘Debarment and awards, except for those requirements Public,’’ with regard to all forms used by Suspension’’ (36 CFR Part 1209). which are statutory. Exceptions on a the NHPRC in place of or as a (ll) Termination means the case-by-case basis may also be made by supplement to the Standard Form 424 cancellation of NHPRC sponsorship, in the NHPRC. (SF–424) series. whole or in part, under an agreement at § 1210.5 Subawards. (b) Applicants shall use the SF–424 (Application for Federal Assistance) and any time prior to the date of completion. Unless sections of this part (mm) Third party in-kind NA Form 17001 (Budget Form) forms specifically exclude subrecipients from contributions means the value of non- and instructions prescribed by the coverage, the provisions of this part cash contributions provided by non- NHPRC Program Guidelines. OMB shall be applied to subrecipients Federal third parties. Third party in- Control Number 3095–0004 has been performing work under awards if such kind contributions may be in the form assigned to the Budget Form. OMB subrecipients are institutions of higher of real property, equipment, supplies Control Number 3095–0013 has been education, hospitals or other non-profit and other expendable property, and the assigned to the NHPRC Program organizations. State and local value of goods and services directly Guidelines. government subrecipients are subject to benefiting and specifically identifiable (c) Applicants shall complete the the provisions of regulations to the project or program. appropriate sections of the SF–424 (nn) Unliquidated obligations, for implementing the grants management (Application for Federal Assistance) financial reports prepared on a cash common rule, ‘‘Uniform Administrative indicating whether the application was basis, means the amount of obligations Requirements for Grants and subject to review by the State Single incurred by the recipient that have not Cooperative Agreements to State and Point of Contact (SPOC) under E.O. been paid. For reports prepared on an Local Governments,’’ published at 36 12372, ‘‘Intergovernmental Review of accrued expenditure basis, they CFR part 1207. Federal Programs.’’ The name and represent the amount of obligations Subpart BÐPre-Award Requirements address of the SPOC for a particular incurred by the recipient for which an State can be obtained from the NHPRC outlay has not been recorded. § 1210.10 Purpose. or the Catalog of Federal Domestic (oo) Unobligated balance means the Sections 1210.11 through 1210.17 Assistance. The SPOC shall advise the portion of the funds authorized by the prescribes forms and instructions and applicant whether the program for NHPRC that has not been obligated by other pre-award matters to be used in which application is made has been the recipient and is determined by applying for NHPRC awards. selected by that State for review. deducting the cumulative obligations from the cumulative funds authorized. § 1210.11 Pre-award policies. § 1210.13 Debarment and suspension. (pp) Unrecovered indirect cost means (a) Use of grants and cooperative The NHPRC and recipients shall the difference between the amount agreements, and contracts. In each comply with the nonprocurement awarded and the amount which could instance, the NHPRC shall decide on the debarment and suspension common have been awarded under the recipient’s appropriate award instrument (i.e., rule implementing E.O.s 12549 and approved negotiated indirect cost rate. grant, cooperative agreement, or 12689, ‘‘Debarment and Suspension’’ (qq) Working capital advance means a contract). The Federal Grant and (36 CFR Part 1209). This common rule procedure whereby funds are advanced Cooperative Agreement Act (31 U.S.C. restricts subawards and contracts with 53518 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations certain parties that are debarred, organizations that receive direct Federal appropriate, financial information suspended or otherwise excluded from awards or other Federal funds shall give should be related to performance and or ineligible for participation in Federal preference in their procurement unit cost data. assistance programs or activities. programs funded with Federal funds to (5) Written procedures to minimize the purchase of recycled products the time elapsing between the transfer of § 1210.14 Special award conditions. pursuant to the EPA guidelines. funds to the recipient from the U.S. If an applicant or recipient has a Treasury and the issuance or history of poor performance, is not § 1210.17 Certifications and redemption of checks, warrants or financially stable, has a management representations. payments by other means for program system that does not meet the standards Unless prohibited by statute or purposes by the recipient. To the extent prescribed in this part, has not codified regulation, the NHPRC is that the provisions of the Cash conformed to the terms and conditions authorized to allow recipients to submit Management Improvement Act (CMIA) of a previous award, or is not otherwise certifications and representations (Pub. L. 101–453) govern, payment responsible, the NHPRC may impose required by statute, executive order, or methods of State agencies, additional requirements as needed, regulation on an annual basis, if they instrumentalities, and fiscal agents shall provided that such applicant or have an ongoing and continuing be consistent with CMIA Treasury-State recipient is notified in writing as to: the relationship with the NHPRC. Annual Agreements or the CMIA default nature of the additional requirements, certifications and representations shall procedures codified at 31 CFR Part 205, the reason why the additional be signed by responsible officials with ‘‘Withdrawal of Cash from the Treasury requirements are being imposed, the the authority to ensure recipients’ for Advances under Federal Grant and nature of the corrective action needed, compliance with the pertinent Other Programs.’’ the time allowed for completing the requirements. (6) Written procedures for corrective actions, and the method for determining the reasonableness, requesting reconsideration of the Subpart CÐPost-Award Requirements allocability and allowability of costs in additional requirements imposed. Any Financial and Program Management accordance with the provisions of the special conditions shall be promptly applicable Federal cost principles and removed once the conditions that § 1210.20 Purpose of financial and the terms and conditions of the award. prompted them have been corrected. program management. (7) Accounting records including cost Sections 1210.21 through 1210.28 accounting records that are supported § 1210.15 Metric system of measurement. prescribe standards for financial by source documentation. The Metric Conversion Act, as management systems, methods for (c) Where the Federal Government amended by the Omnibus Trade and making payments and rules for: guarantees or insures the repayment of Competitiveness Act (15 U.S.C. 205) satisfying cost sharing and matching money borrowed by the recipient, the declares that the metric system is the requirements, accounting for program NHPRC, at its discretion, may require preferred measurement system for U.S. income, budget revision approvals, adequate bonding and insurance if the trade and commerce. The Act requires making audits, determining allowability bonding and insurance requirements of NARA to establish a date or dates in of cost, and establishing fund the recipient are not deemed adequate consultation with the Secretary of availability. to protect the interest of the Federal Commerce, when the metric system of Government. measurement will be used in NARA’s § 1210.21 Standards for financial (d) The NHPRC may require adequate procurements, grants, and other management systems. fidelity bond coverage where the business-related activities. Metric (a) The NHPRC shall require recipient lacks sufficient coverage to implementation may take longer where recipients to relate financial data to protect the Federal Government’s the use of the system is initially performance data and develop unit cost interest. impractical or likely to cause significant information whenever practical. (e) Where bonds are required in the inefficiencies in the accomplishment of (b) Recipients’ financial management situations described in this section, the federally-funded activities. NARA shall systems shall provide for the following. bonds shall be obtained from companies follow the provisions of E.O. 12770, (1) Accurate, current and complete holding certificates of authority as ‘‘Metric Usage in Federal Government disclosure of the financial results of acceptable sureties, as prescribed in 31 Programs.’’ each NHPRC-sponsored project or CFR Part 223, ‘‘Surety Companies Doing program in accordance with the Business with the United States.’’ § 1210.16 Resource Conservation and reporting requirements set forth in Recovery Act. § 1210.52. § 1210.22 Payment. Under the Resource Conservation and (2) Records that identify adequately (a) Payment methods shall minimize Recovery Act ((RCRA) (Pub. L. 94–580 the source and application of funds for the time elapsing between the transfer of codified at 42 U.S.C. 6962), any State NHPRC-sponsored activities. These funds from the United States Treasury agency or agency of a political records shall contain information and the issuance or redemption of subdivision of a State which is using pertaining to NHPRC awards, checks, warrants, or payment by other appropriated Federal funds must authorizations, obligations, unobligated means by the recipients. Payment comply with section 6002. Section 6002 balances, assets, outlays, income and methods of State agencies or requires that preference be given in interest. instrumentalities shall be consistent procurement programs to the purchase (3) Effective control over and with Treasury-State CMIA agreements of specific products containing recycled accountability for all funds, property or default procedures codified at 31 CFR materials identified in guidelines and other assets. Recipients shall Part 205. developed by the Environmental adequately safeguard all such assets and (b) Recipients will be paid in advance, Protection Agency (EPA) (40 CFR Parts assure they are used solely for provided they maintain or demonstrate 247 through 254). Accordingly, State authorized purposes. the willingness to maintain written and local institutions of higher (4) Comparison of outlays with budget procedures that minimize the time education, hospitals, and non-profit amounts for each award. Whenever elapsing between the transfer of funds Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53519 and disbursement by the recipient, and recipient for its actual cash expected to earn interest in excess of financial management systems that meet disbursements. The working capital $250 per year on Federal cash balances. the standards for fund control and advance method of payment shall not be (3) The depository would require an accountability as established in used for recipients unwilling or unable average or minimum balance so high § 1210.21. Cash advances to a recipient to provide timely advances to their that it would not be feasible within the organization shall be limited to the subrecipient to meet the subrecipient’s expected Federal and non-Federal cash minimum amounts needed and be timed actual cash disbursements. resources. to be in accordance with the actual, (g) To the extent available, recipients (l) In keeping with Electronic Funds immediate cash requirements of the shall disburse funds available from Transfer rules (31 CFR Part 206), recipient organization in carrying out repayments to and interest earned on a interest earned should be remitted the purpose of the approved program or revolving fund, program income, annually to the Department of Health project. The timing and amount of cash rebates, refunds, contract settlements, and Human Services (HHS) Payment advances shall be as close as is audit recoveries and interest earned on Management System through an administratively feasible to the actual such funds before requesting additional electronic medium such as the disbursements by the recipient cash payments. FEDWIRE Deposit system. Recipients organization for direct program or (h) Unless otherwise required by which do not have this capability project costs and the proportionate statute, the NHPRC shall not withhold should use a check and mail it to the share of any allowable indirect costs. payments for proper charges made by Payment Management System, P.O. Box (c) Whenever possible, advances shall recipients at any time during the project 6021, Rockville, MD 20852. Interest be consolidated to cover anticipated period unless paragraph (h)(1) or (2) of amounts up to $250 per year may be cash needs for all awards made by the this section apply. retained by the recipient for NHPRC to the recipient. (1) A recipient has failed to comply administrative expense. State (1) Advance payment mechanisms with the project objectives, the terms universities and hospitals shall comply include, but are not limited to, Treasury and conditions of the award, or NHPRC with CMIA, as it pertains to interest. If check and electronic funds transfer. reporting requirements. an entity subject to CMIA uses its own (2) Advance payment mechanisms are (2) The recipient or subrecipient is funds to pay pre-award costs for subject to 31 CFR Part 205. delinquent in a debt to the United States discretionary awards without prior (3) Recipients can submit requests for as defined in OMB Circular A–129, written approval from the NHPRC, it advances and reimbursements at least ‘‘Managing Federal Credit Programs.’’ waives its right to recover the interest monthly when a predetermined Under such conditions, the NHPRC under CMIA. schedule of electronic funds transfer is may, upon reasonable notice, inform the (m) Except as noted elsewhere in this not used. recipient that payments shall not be part, only the SF–270, Request for (d) Requests for Treasury check made for obligations incurred after a Advance or Reimbursement, shall be advance payment shall be submitted on specified date until the conditions are authorized for the recipients in SF–270, ‘‘Request for Advance or corrected or the indebtedness to the requesting advances and Reimbursement,’’ or other forms as may Federal Government is liquidated. reimbursements. The NHPRC requires be authorized by OMB. This form is not (i) Standards governing the use of an original and two copies of this form. to be used when Treasury check banks and other institutions as § 1210.23 Cost sharing or matching. advance payments are made to the depositories of funds advanced under (a) All contributions, including cash recipient automatically through the use awards are as follows. of a predetermined payment schedule or (1) Except for situations described in and third party in-kind, shall be if precluded by special NHPRC paragraph (i)(2) of this section, the accepted as part of the recipient’s cost instructions for electronic funds NHPRC shall not require separate sharing or matching when such contributions meet all of the following transfer. depository accounts for funds provided criteria. (e) Reimbursement is the preferred to a recipient or establish any eligibility (1) Are verifiable from the recipient’s method when the requirements in requirements for depositories for funds paragraph (b) of this section cannot be records. provided to a recipient. However, (2) Are not included as contributions met. recipients must be able to account for for any other federally-assisted project (1) When the reimbursement method the receipt, obligation and expenditure or program. is used, the NHPRC shall make payment of funds. (3) Are necessary and reasonable for within 30 days after receipt of the (2) Advances of NHPRC funds shall be proper and efficient accomplishment of billing, unless the billing is improper. deposited and maintained in insured project or program objectives. (2) Recipients can submit a request for accounts whenever possible. (4) Are allowable under the applicable reimbursement at least monthly when a (j) Consistent with the national goal of cost principles. predetermined schedule of electronic expanding the opportunities for women- (5) Are not paid by the Federal funds transfer is not used. owned and minority-owned business Government under another award, (f) If a recipient cannot meet the enterprises, recipients shall be except where authorized by Federal criteria for advance payments and the encouraged to use women-owned and statute to be used for cost sharing or NHPRC has determined that minority-owned banks (a bank which is matching. reimbursement is not feasible because owned at least 50 percent by women or (6) Are provided for in the approved the recipient lacks sufficient working minority group members). budget when required by the NHPRC. capital, the NHPRC may provide cash (k) Recipients shall maintain (7) Conform to other provisions of this on a working capital advance basis. advances of NHPRC funds in interest part, as applicable. Under this procedure, the NHPRC shall bearing accounts, unless paragraphs (b) Unrecovered indirect costs may be advance cash to the recipient to cover (k)(1), (2) or (3) of this section apply. included as part of cost sharing or its estimated disbursement needs for an (1) The recipient receives less than matching only with the prior approval initial period generally geared to the $120,000 in Federal awards per year. of the NHPRC. awardee’s disbursing cycle. Thereafter, (2) The best reasonably available (c) Values for recipient contributions the NHPRC shall reimburse the interest bearing account would not be of services and property shall be 53520 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations established in accordance with the value of the donated property may be used to further eligible project or applicable cost principles. If the NHPRC claimed as cost sharing or matching. program objectives. authorizes recipients to donate (2) If the purpose of the award is to (2) Used to finance the non-Federal buildings or land for construction/ support activities that require the use of share of the project or program. facilities acquisition projects or long- equipment, buildings or land, normally (3) Deducted from the total project or term use, the value of the donated only depreciation or use charges for program allowable cost in determining property for cost sharing or matching equipment and buildings may be made. the net allowable costs on which the shall be the lesser of paragraph (c)(1) or However, the full value of equipment or Federal share of costs is based. (2) of this section. other capital assets and fair rental (c) When the NHPRC authorizes the (1) The certified value of the charges for land may be allowed, disposition of program income as remaining life of the property recorded provided that the NHPRC has approved described in paragraphs (b)(1) or (b)(2) in the recipient’s accounting records at the charges. of this section, program income in the time of donation. (h) The value of donated property excess of any limits stipulated shall be (2) The current fair market value. shall be determined in accordance with used in accordance with paragraph However, when there is sufficient the usual accounting policies of the (b)(3) of this section. justification, the NHPRC may approve recipient, with the following (d) In the event that the NHPRC does the use of the current fair market value qualifications. not specify in its regulations or the of the donated property, even if it (1) The value of donated land and terms and conditions of the award how exceeds the certified value at the time buildings shall not exceed its fair program income is to be used, paragraph of donation to the project. market value at the time of donation to (b)(3) of this section shall apply (d) Volunteer services furnished by the recipient as established by an automatically to all projects or programs professional and technical personnel, independent appraiser (e.g., certified except research. For awards that support consultants, and other skilled and real property appraiser or General research, paragraph (b)(1) of this section unskilled labor may be counted as cost shall apply automatically unless the sharing or matching if the service is an Services Administration representative) and certified by a responsible official of NHPRC indicates in the terms and integral and necessary part of an conditions another alternative on the approved project or program. Rates for the recipient. (2) The value of donated equipment award or the recipient is subject to volunteer services shall be consistent special award conditions, as indicated with those paid for similar work in the shall not exceed the fair market value of equipment of the same age and in § 1210.14. recipient’s organization. In those (e) Unless NHPRC regulations or the condition at the time of donation. instances in which the required skills terms and conditions of the award (3) The value of donated space shall are not found in the recipient provide otherwise, recipients shall have not exceed the fair rental value of organization, rates shall be consistent no obligation to the Federal Government comparable space as established by an with those paid for similar work in the regarding program income earned after independent appraisal of comparable labor market in which the recipient the end of the project period. space and facilities in a privately-owned competes for the kind of services (f) If authorized by NHPRC building in the same locality. involved. In either case, paid fringe regulations or the terms and conditions benefits that are reasonable, allowable, (4) The value of loaned equipment of the award, costs incident to the and allocable may be included in the shall not exceed its fair rental value. generation of program income may be valuation. (5) The following requirements deducted from gross income to (e) When an employer other than the pertain to the recipient’s supporting determine program income, provided recipient furnishes the services of an records for in-kind contributions from these costs have not been charged to the employee, these services shall be valued third parties. award. at the employee’s regular rate of pay (i) Volunteer services shall be (g) Proceeds from the sale of property (plus an amount of fringe benefits that documented and, to the extent feasible, shall be handled in accordance with the are reasonable, allowable, and allocable, supported by the same methods used by requirements of the Property Standards but exclusive of overhead costs), the recipient for its own employees. (See §§ 1210.30 through 1210.37). provided these services are in the same (ii) The basis for determining the (h) Unless NHPRC regulations or the skill for which the employee is normally valuation for personal service, material, terms and condition of the award paid. equipment, buildings and land shall be provide otherwise, recipients shall have (f) Donated supplies may include documented. no obligation to the Federal Government such items as expendable equipment, § 1210.24 Program income. with respect to program income earned office supplies, laboratory supplies or from license fees and royalties for workshop and classroom supplies. (a) The NHPRC applies the standards copyrighted material, patents, patent Value assessed to donated supplies set forth in this section in requiring applications, trademarks, and included in the cost sharing or matching recipient organizations to account for inventions produced under an award. share shall be reasonable and shall not program income related to projects However, Patent and Trademark exceed the fair market value of the financed in whole or in part with Amendments (35 U.S.C. 18) apply to property at the time of the donation. Federal funds. inventions made under an experimental, (g) The method used for determining (b) Except as provided in paragraph developmental, or research award. cost sharing or matching for donated (h) of this section, program income equipment, buildings and land for earned during the project period shall § 1210.25 Revision of budget and program which title passes to the recipient may be retained by the recipient and, in plans. differ according to the purpose of the accordance with these regulations or the (a) The budget plan is the financial award, if paragraph (g)(1) or (2) of this terms and conditions of the award, shall expression of the project or program as section apply. be used in one or more of the ways approved during the award process. It (1) If the purpose of the award is to listed in the following. may include either the Federal and non- assist the recipient in the acquisition of (1) Added to funds committed to the Federal share, or only the Federal share, equipment, buildings or land, the total project by the NHPRC and recipient and depending upon NHPRC requirements. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53521
It shall be related to performance for calendar days with the prior approval of five percent of the NHPRC award, program evaluation purposes whenever the NHPRC. All pre-award costs are whichever is greater. This notification appropriate. incurred at the recipient’s risk (i.e., the shall not be required if an application (b) Recipients are required to report NHPRC is under no obligation to for additional funding is submitted for deviations from budget and program reimburse such costs if for any reason a continuation award. plans, and request prior approvals for the recipient does not receive an award (k) When requesting approval for budget and program plan revisions, in or if the award is less than anticipated budget revisions, recipients shall use accordance with this section. and inadequate to cover such costs). the budget forms that were used in the (c) Recipients shall request prior (2) Initiate a one-time extension of the application unless the NHPRC indicates approvals from the NHPRC for one or expiration date of the award of up to 12 a letter of request suffices. more of the following program or budget months unless one or more of the (l) Within 30 calendar days from the related reasons. following conditions apply. For one- date of receipt of the request for budget (1) Change in the scope or the time extensions, the recipient must revisions, the NHPRC shall review the objective of the project or program (even notify the NHPRC in writing with the request and notify the recipient whether if there is no associated budget revision supporting reasons and revised the budget revisions have been requiring prior written approval). expiration date at least 10 days before approved. If the revision is still under (2) Change in a key person specified the expiration date specified in the consideration at the end of 30 calendar in the application or award document. award. This one-time extension may not days, the NHPRC shall inform the (3) The absence for more than three be exercised merely for the purpose of recipient in writing of the date when the months, or a 25 percent reduction in using unobligated balances. recipient may expect the decision. time devoted to the project, by the (i) The terms and conditions of award approved project director or principal prohibit the extension. § 1210.26 Non-Federal audits. investigator. (ii) The extension requires additional (a) Recipients and subrecipients that (4) The need for additional NHPRC NHPRC funds. are institutions of higher education or funding. (iii) The extension involves any other non-profit organizations shall be (5) The transfer of amounts budgeted change in the approved objectives or subject to the audit requirements for indirect costs to absorb increases in scope of the project. contained in OMB Circular A–133, direct costs, or vice versa, if approval is (3) Carry forward unobligated ‘‘Audits of Institutions of Higher required by the NHPRC. balances to subsequent funding periods. Education and Other Non-Profit (6) The inclusion, unless waived by (4) For awards that support research, Institutions.’’ the NHPRC, of costs that require prior unless the NHPRC provides otherwise (b) State and local governments shall approval in accordance with OMB in the award or in NHPRC’s regulations, be subject to the audit requirements Circular A–21, ‘‘Cost Principles for the prior approval requirements contained in the Single Audit Act (31 Institutions of Higher Education,’’ OMB described in paragraph (e) of this U.S.C. 7501–7) and the cognizant Circular A–122, ‘‘Cost Principles for section are automatically waived (i.e., Federal agency regulations Non-Profit Organizations,’’ or 45 CFR recipients need not obtain such prior implementing OMB Circular A–128, Part 74 Appendix E, ‘‘Principles for approvals) unless one of the conditions ‘‘Audits of State and Local Determining Costs Applicable to included in paragraph (e)(2) of this Governments.’’ Research and Development under section applies. (c) Hospitals not covered by the audit Grants and Contracts with Hospitals,’’ or (f) The NHPRC may, at its option, provisions of OMB Circular A–133 shall 48 CFR Part 31, ‘‘Contract Cost restrict the transfer of funds among be subject to the audit requirements of Principles and Procedures,’’ as direct cost categories or programs, the cognizant Federal agency. applicable. functions and activities for awards in (7) The transfer of funds allotted for which the Federal share of the project § 1210.27 Allowable costs. training allowances (direct payment to exceeds $100,000 and the cumulative For each kind of recipient, there is a trainees) to other categories of expense. amount of such transfers exceeds or is set of Federal principles for determining (8) Unless described in the expected to exceed 10 percent of the allowable costs. Allowability of costs application and funded in the approved total budget as last approved by the shall be determined in accordance with awards, the subaward, transfer or NHPRC. The NHPRC shall not permit a the cost principles applicable to the contracting out of any work under an transfer that would cause any Federal entity incurring the costs. Thus, award. This provision does not apply to appropriation or part thereof to be used allowability of costs incurred by State, the purchase of supplies, material, for purposes other than those consistent local or federally-recognized Indian equipment or general support services. with the original intent of the tribal governments is determined in (d) No other prior approval appropriation. accordance with the provisions of OMB requirements for specific items will be (g) All other changes to Circular A–87, ‘‘Cost Principles for State imposed unless a deviation has been nonconstruction budgets, except for the and Local Governments.’’ The approved by OMB. changes described in paragraph (j), do allowability of costs incurred by non- (e) Except for requirements listed in not require prior approval. profit organizations is determined in paragraphs (c)(1) and (c)(4) of this (h) [Reserved] accordance with the provisions of OMB section, the NHPRC is authorized, at (i) No other prior approval Circular A–122, ‘‘Cost Principles for their option, to waive cost-related and requirements for specific items will be Non-Profit Organizations.’’ The administrative prior written approvals imposed unless a deviation has been allowability of costs incurred by required by this Circular and OMB approved by OMB. institutions of higher education is Circulars A–21 and A–122. Such (j) The NHPRC shall require recipients determined in accordance with the waivers may include authorizing to notify the NHPRC in writing provisions of OMB Circular A–21, ‘‘Cost recipients to do any one or more of the promptly whenever the amount of Principles for Educational Institutions.’’ following. Federal authorized funds is expected to The allowability of costs incurred by (1) Incur pre-award costs 90 calendar exceed the needs of the recipient for the hospitals is determined in accordance days prior to award or more than 90 project period by more than $5,000 or with the provisions of Appendix E of 45 53522 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
CFR Part 74, ‘‘Principles for shall be limited to those under without further obligation to the Federal Determining Costs Applicable to federally-sponsored projects (i.e., Government and under conditions the Research and Development Under awards) or programs that have purposes NHPRC considers appropriate. Such Grants and Contracts with Hospitals.’’ consistent with those authorized for property is ‘‘exempt property.’’ Should The allowability of costs incurred those support by the NHPRC. the NHPRC not establish conditions, non-profit organizations listed in (c) When the real property is no title to exempt property upon Attachment C to Circular A–122 is longer needed as provided in acquisition shall vest in the recipient determined in accordance with the paragraphs (a) and (b) of this section, without further obligation to the Federal provisions of the Federal Acquisition the recipient shall request disposition Government. Regulation (FAR) at 48 CFR Part 31. instructions from the NHPRC or its successor Federal awarding agency. The § 1210.34 Equipment. § 1210.28 Period of availability of funds. NHPRC shall observe one or more of the (a) Title to equipment acquired by a Where a funding period is specified, following disposition instructions. recipient with NHPRC funds shall vest a recipient may charge to the grant only (1) The recipient may be permitted to in the recipient, subject to conditions of allowable costs resulting from retain title without further obligation to this section. obligations incurred during the funding the Federal Government after it (b) The recipient shall not use period and any pre-award costs compensates the Federal Government equipment acquired with NHPRC funds authorized by the NHPRC. for that percentage of the current fair to provide services to non-Federal outside organizations for a fee that is Property Standards market value of the property attributable to the Federal participation in the less than private companies charge for § 1210.30 Purpose of property standards. project. equivalent services, unless specifically Sections 1210.31 through 1210.37 set (2) The recipient may be directed to authorized by Federal statute, for as forth uniform standards governing sell the property under guidelines long as the Federal Government retains management and disposition of property provided by the NHPRC and pay the an interest in the equipment. furnished by the Federal Government Federal Government for that percentage (c) The recipient shall use the whose cost was charged to a project of the current fair market value of the equipment in the project or program for supported by an NHPRC award. The property attributable to the Federal which it was acquired as long as NHPRC requires recipients to observe participation in the project (after needed, whether or not the project or these standards under awards and shall deducting actual and reasonable selling program continues to be supported by not impose additional requirements, and fix-up expenses, if any, from the Federal funds and shall not encumber unless specifically required by Federal sales proceeds). When the recipient is the property without approval of the statute. The recipient may use its own authorized or required to sell the NHPRC. When no longer needed for the property management standards and property, proper sales procedures shall original project or program, the procedures provided it observes the be established that provide for recipient shall use the equipment in provisions of §§ 1210.31 through competition to the extent practicable connection with its other federally- 1210.37. and result in the highest possible return. sponsored activities, in the following (3) The recipient may be directed to order of priority: § 1210.31 Insurance coverage. transfer title to the property to the (1) Activities sponsored by the Recipients shall, at a minimum, Federal Government or to an eligible NHPRC which funded the original provide the equivalent insurance third party provided that, in such cases, project, then coverage for real property and the recipient shall be entitled to (2) Activities sponsored by other equipment acquired with NHPRC funds compensation for its attributable Federal awarding agencies. (d) During the time that equipment is as provided to property owned by the percentage of the current fair market used on the project or program for recipient. Federally-owned property value of the property. need not be insured unless required by which it was acquired, the recipient the terms and conditions of the award. § 1210.33 Federally-owned and exempt shall make it available for use on other property. projects or programs if such other use § 1210.32 Real property. (a) Federally-owned property. will not interfere with the work on the The NHPRC shall prescribe (1) Title to federally-owned property project or program for which the requirements for recipients concerning remains vested in the Federal equipment was originally acquired. First the use and disposition of real property Government. Recipients shall submit preference for such other use shall be acquired in whole or in part under annually an inventory listing of given to other projects or programs awards. Unless otherwise provided by federally-owned property in their sponsored by the NHPRC that financed statute, such requirements, at a custody to the NHPRC. Upon the equipment; second preference shall minimum, shall contain the following. completion of the award or when the be given to projects or programs (a) Title to real property shall vest in property is no longer needed, the sponsored by other Federal awarding the recipient subject to the condition recipient shall report the property to the agencies. If the equipment is owned by that the recipient shall use the real NHPRC for further Federal agency the Federal Government, use on other property for the authorized purpose of utilization. activities not sponsored by the Federal the project as long as it is needed and (2) If the NHPRC has no further need Government shall be permissible if shall not encumber the property without for the property, it shall be declared authorized by the NHPRC. User charges approval of the NHPRC. excess and reported to the General shall be treated as program income. (b) The recipient shall obtain written Services Administration. Appropriate (e) When acquiring replacement approval by the NHPRC for the use of instructions shall be issued to the equipment, the recipient may use the real property in other federally- recipient by the NHPRC. equipment to be replaced as trade-in or sponsored projects when the recipient (b) Exempt property. When statutory sell the equipment and use the proceeds determines that the property is no authority exists, the NHPRC has the to offset the costs of the replacement longer needed for the purpose of the option to vest title to property acquired equipment subject to the approval of the original project. Use in other projects with Federal funds in the recipient NHPRC. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53523
(f) The recipient’s property may be used for other activities in otherwise made known to the recipient management standards for equipment accordance with the following in writing. acquired with Federal funds and standards. For equipment with a current (ii) The NHPRC shall issue federally-owned equipment shall per unit fair market value of $5,000 or disposition instructions within 120 include all of the following. more, the recipient may retain the calendar days after receipt of a final (1) Equipment records shall be equipment for other uses provided that inventory. The final inventory shall list maintained accurately and shall include compensation is made to the NHPRC or all equipment acquired with grant funds the following information. its successor. The amount of and federally-owned equipment. If the (i) A description of the equipment. compensation shall be computed by NHPRC fails to issue disposition (ii) Manufacturer’s serial number, applying the percentage of Federal instructions within the 120 calendar day model number, Federal stock number, participation in the cost of the original national stock number, or other period, the recipient shall apply the project or program to the current fair standards of this section, as appropriate. identification number. market value of the equipment. If the (iii) Source of the equipment, recipient has no need for the equipment, (iii) When the NHPRC exercises its including the award number. the recipient shall request disposition right to take title, the equipment shall be (iv) Whether title vests in the instructions from the NHPRC. The subject to the provisions for federally- recipient or the Federal Government. NHPRC shall determine whether the owned equipment. (v) Acquisition date (or date received, equipment can be used to meet the if the equipment was furnished by the § 1210.35 Supplies and other expendable NHPRC’s requirements. If no property. Federal Government) and cost. requirement exists within the NHPRC, (vi) Information from which one can the availability of the equipment shall (a) Title to supplies and other calculate the percentage of Federal be reported to the General Services expendable property shall vest in the participation in the cost of the Administration by the NHPRC to recipient upon acquisition. If there is a equipment (not applicable to equipment determine whether a requirement for the residual inventory of unused supplies furnished by the Federal Government). exceeding $5,000 in total aggregate (vii) Location and condition of the equipment exists in other Federal agencies. The NHPRC shall issue value upon termination or completion equipment and the date the information of the project or program and the was reported. instructions to the recipient no later than 120 calendar days after the supplies are not needed for any other (viii) Unit acquisition cost. federally-sponsored project or program, (ix) Ultimate disposition data, recipient’s request and the following procedures shall govern. the recipient shall retain the supplies including date of disposal and sales for use on non-Federal sponsored price or the method used to determine (1) If so instructed or if disposition activities or sell them, but shall, in current fair market value where a instructions are not issued within 120 either case, compensate the NHPRC for recipient compensates the NHPRC for calendar days after the recipient’s its share. The amount of compensation its share. request, the recipient shall sell the (2) Equipment owned by the Federal equipment and reimburse the NHPRC shall be computed in the same manner Government shall be identified to an amount computed by applying to the as for equipment. indicate Federal ownership. sales proceeds the percentage of Federal (b) The recipient shall not use (3) A physical inventory of equipment participation in the cost of the original supplies acquired with NHPRC funds to shall be taken and the results reconciled project or program. However, the provide services to non-Federal outside with the equipment records at least once recipient shall be permitted to deduct organizations for a fee that is less than every two years. Any differences and retain from the Federal share $500 private companies charge for equivalent between quantities determined by the or ten percent of the proceeds, services, unless specifically authorized physical inspection and those shown in whichever is less, for the recipient’s by Federal statute as long as the Federal the accounting records shall be selling and handling expenses. Government retains an interest in the investigated to determine the causes of (2) If the recipient is instructed to supplies. the difference. The recipient shall, in ship the equipment elsewhere, the connection with the inventory, verify recipient shall be reimbursed by the § 1210.36 Intangible property. the existence, current utilization, and Federal Government by an amount (a) The recipient may copyright any continued need for the equipment. which is computed by applying the work that is subject to copyright and (4) A control system shall be in effect percentage of the recipient’s was developed, or for which ownership to insure adequate safeguards to prevent participation in the cost of the original was purchased, under an award. The loss, damage, or theft of the equipment. project or program to the current fair NHPRC reserves a royalty-free, Any loss, damage, or theft of equipment market value of the equipment, plus any nonexclusive and irrevocable right to shall be investigated and fully reasonable shipping or interim storage reproduce, publish, or otherwise use the documented; if the equipment was costs incurred. work for Federal purposes, and to owned by the Federal Government, the (3) If the recipient is instructed to authorize others to do so. otherwise dispose of the equipment, the recipient shall promptly notify the (b) Recipients are subject to NHPRC. recipient shall be reimbursed by the applicable regulations governing patents (5) Adequate maintenance procedures NHPRC for such costs incurred in its and inventions, including government- shall be implemented to keep the disposition. equipment in good condition. (4) The NHPRC reserves the right to wide regulations issued by the (6) Where the recipient is authorized transfer the title to the Federal Department of Commerce at 37 CFR Part or required to sell the equipment, Government or to a third party named 401, ‘‘Rights to Inventions Made by proper sales procedures shall be by the Federal Government when such Nonprofit Organizations and Small established which provide for third party is otherwise eligible under Business Firms Under Government competition to the extent practicable existing statutes. Such transfer shall be Grants, Contracts and Cooperative and result in the highest possible return. subject to the following standards. Agreements.’’ (g) When the recipient no longer (i) The equipment shall be (c) Unless waived by the NHPRC, the needs the equipment, the equipment appropriately identified in the award or Federal Government has the right to: 53524 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
(1) Obtain, reproduce, publish or claims, protests of award, source § 1210.44 Procurement procedures. otherwise use the data first produced evaluation or other matters of a (a) All recipients shall establish under an award; and contractual nature. Matters concerning written procurement procedures. These (2) Authorize others to receive, violation of statute are to be referred to procedures shall provide for, at a reproduce, publish, or otherwise use such Federal, State or local authority as minimum, that paragraphs (a) (1), (2) such data for Federal purposes. may have proper jurisdiction. and (3) of this section apply. (d) Title to intangible property and (1) Recipients avoid purchasing debt instruments acquired under an § 1210.42 Codes of conduct. unnecessary items. award or subaward vests upon The recipient shall maintain written (2) Where appropriate, an analysis is acquisition in the recipient. The standards of conduct governing the made of lease and purchase alternatives recipient shall use that property for the performance of its employees engaged to determine which would be the most originally-authorized purpose, and the in the award and administration of economical and practical procurement recipient shall not encumber the contracts. No employee, officer, or agent for the Federal Government. property without approval of the shall participate in the selection, award, (3) Solicitations for goods and NHPRC. When no longer needed for the or administration of a contract services provide for all of the following. originally authorized purpose, supported by Federal funds if a real or (i) A clear and accurate description of disposition of the intangible property apparent conflict of interest would be the technical requirements for the shall occur in accordance with the involved. Such a conflict would arise material, product or service to be provisions of § 1210.34(g). when the employee, officer, or agent, procured. In competitive procurements, such a description shall not contain § 1210.37 Property trust relationship. any member of his or her immediate features which unduly restrict Real property, equipment, intangible family, his or her partner, or an organization which employs or is about competition. property and debt instruments that are (ii) Requirements which the bidder/ acquired or improved with NHPRC to employ any of the parties indicated herein, has a financial or other interest offeror must fulfill and all other factors funds shall be held in trust by the to be used in evaluating bids or recipient as trustee for the beneficiaries in the firm selected for an award. The officers, employees, and agents of the proposals. of the project or program under which (iii) A description, whenever the property was acquired or improved. recipient shall neither solicit nor accept gratuities, favors, or anything of practicable, of technical requirements in The NHPRC may require recipients to terms of functions to be performed or record liens or other appropriate notices monetary value from contractors, or parties to subagreements. However, performance required, including the of record to indicate that personal or range of acceptable characteristics or real property has been acquired or recipients may set standards for situations in which the financial interest minimum acceptable standards. improved with Federal funds and that (iv) The specific features of ‘‘brand is not substantial or the gift is an use and disposition conditions apply to name or equal’’ descriptions that unsolicited item of nominal value. The the property. bidders are required to meet when such standards of conduct shall provide for items are included in the solicitation. Procurement Standards disciplinary actions to be applied for (v) The acceptance, to the extent violations of such standards by officers, § 1210.40 Purpose of procurement practicable and economically feasible, employees, or agents of the recipient. standards. of products and services dimensioned in Sections 1210.41 through 1210.48 set § 1210.43 Competition. the metric system of measurement. forth standards for use by recipients in (vi) Preference, to the extent establishing procedures for the All procurement transactions shall be practicable and economically feasible, procurement of supplies and other conducted in a manner to provide, to for products and services that conserve expendable property, equipment, real the maximum extent practical, open and natural resources and protect the property and other services with free competition. The recipient shall be environment and are energy efficient. NHPRC funds. These standards are alert to organizational conflicts of (b) Positive efforts shall be made by furnished to ensure that such materials interest as well as noncompetitive recipients to utilize small businesses, and services are obtained in an effective practices among contractors that may minority-owned firms, and women’s manner and in compliance with the restrict or eliminate competition or business enterprises, whenever possible. provisions of applicable Federal statutes otherwise restrain trade. In order to Recipients of Federal awards shall take and executive orders. No additional ensure objective contractor performance all of the following steps to further this procurement standards or requirements and eliminate unfair competitive goal. shall be imposed by the NHPRC upon advantage, contractors that develop or (1) Ensure that small businesses, recipients, unless specifically required draft specifications, requirements, minority-owned firms, and women’s by Federal statute or executive order or statements of work, invitations for bids business enterprises are used to the approved by OMB. and/or requests for proposals shall be fullest extent practicable. excluded from competing for such (2) Make information on forthcoming § 1210.41 Recipient responsibilities. procurements. Awards shall be made to opportunities available and arrange time The standards contained in this the bidder or offeror whose bid or offer frames for purchases and contracts to section do not relieve the recipient of is responsive to the solicitation and is encourage and facilitate participation by the contractual responsibilities arising most advantageous to the recipient, small businesses, minority-owned firms, under its contract(s). The recipient is price, quality and other factors and women’s business enterprises. the responsible authority, without considered. Solicitations shall clearly (3) Consider in the contract process recourse to the NHPRC, regarding the set forth all requirements that the bidder whether firms competing for larger settlement and satisfaction of all or offeror shall fulfill in order for the bid contracts intend to subcontract with contractual and administrative issues or offer to be evaluated by the recipient. small businesses, minority-owned firms, arising out of procurements entered into Any and all bids or offers may be and women’s business enterprises. in support of an award or other rejected when it is in the recipient’s (4) Encourage contracting with agreement. This includes disputes, interest to do so. consortiums of small businesses, Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53525 minority-owned firms and women’s § 1210.45 Cost and price analysis. recipient, the NHPRC, the Comptroller business enterprises when a contract is Some form of cost or price analysis General of the United States, or any of too large for one of these firms to handle shall be made and documented in the their duly authorized representatives, individually. procurement files in connection with shall have access to any books, (5) Use the services and assistance, as every procurement action. Price analysis documents, papers and records of the appropriate, of such organizations as the may be accomplished in various ways, contractor which are directly pertinent Small Business Administration and the including the comparison of price to a specific program for the purpose of Department of Commerce’s Minority quotations submitted, market prices and making audits, examinations, excerpts Business Development Agency in the similar indicia, together with discounts. and transcriptions. solicitation and utilization of small Cost analysis is the review and (d) All contracts, including small businesses, minority-owned firms and evaluation of each element of cost to purchases, awarded by recipients and women’s business enterprises. determine reasonableness, allocability their contractors shall contain the (c) The type of procuring instruments and allowability. procurement provisions of Appendix A used (e.g., fixed price contracts, cost to this Part, as applicable. reimbursable contracts, purchase orders, § 1210.46 Procurement records. and incentive contracts) shall be Procurement records and files for Reports and Records determined by the recipient but shall be purchases in excess of the small § 1210.50 Purpose of reports and records. appropriate for the particular purchase threshold shall include the Sections 1210.51 through 1210.53 set procurement and for promoting the best following at a minimum: forth the procedures for monitoring and interest of the program or project (a) Basis for contractor selection, reporting on the recipient’s financial involved. The ‘‘cost-plus-a-percentage- (b) Justification for lack of and program performance and the of-cost’’ or ‘‘percentage of construction competition when competitive bids or necessary standard reporting forms. cost’’ methods of contracting shall not offers are not obtained, and They also set forth record retention be used. (c) Basis for award cost or price. requirements. (d) Contracts shall be made only with responsible contractors who possess the § 1210.47 Contract administration. § 1210.51 Monitoring and reporting potential ability to perform successfully A system for contract administration program performance. under the terms and conditions of the shall be maintained to ensure contractor (a) Recipients are responsible for proposed procurement. Consideration conformance with the terms, conditions managing and monitoring each project, shall be given to such matters as and specifications of the contract and to program, subaward, function or activity contractor integrity, record of past ensure adequate and timely follow up of supported by the award. Recipients performance, financial and technical all purchases. Recipients shall evaluate shall monitor subawards to ensure resources or accessibility to other contractor performance and document, subrecipients have met the audit necessary resources. In certain as appropriate, whether contractors requirements as delineated in § 1210.26. circumstances, contracts with certain have met the terms, conditions and (b) Except as provided in paragraph (f) parties are restricted by NARA specifications of the contract. of this section, interim performance implementation of E.O.s 12549 and § 1210.48 Contract provisions. reports shall be submitted every six 12689, ‘‘Debarment and Suspension’’ months and shall be due 30 days after (36 CFR Part 1209). The recipient shall include, in the reporting period; final reports shall (e) Recipients shall, on request, make addition to provisions to define a sound be due 90 calendar days after the end of available for the NHPRC, pre-award and complete agreement, the following the grant period. review and procurement documents, provisions in all contracts. The (c) If inappropriate, a final such as request for proposals or following provisions shall also be performance report shall not be required invitations for bids, independent cost applied to subcontracts. after completion of the project. estimates, etc., when any of the (a) Contracts in excess of the small (d) When required, performance following conditions apply. purchase threshold shall contain reports shall generally contain, for each (1) A recipient’s procurement contractual provisions or conditions award, brief information on each of the procedures or operation fails to comply that allow for administrative, following. with the procurement standards in the contractual, or legal remedies in (1) A comparison of actual NHPRC’s implementation of this part. instances in which a contractor violates accomplishments with the goals and (2) The procurement is expected to or breaches the contract terms, and objectives established for the period, the exceed the small purchase threshold provide for such remedial actions as findings of the investigator, or both. fixed at 41 U.S.C. 403 (11) (currently may be appropriate. Whenever appropriate and the output of $25,000) and is to be awarded without (b) All contracts in excess of the small programs or projects can be readily competition or only one bid or offer is purchase threshold shall contain quantified, such quantitative data received in response to a solicitation. suitable provisions for termination by should be related to cost data for (3) The procurement, which is the recipient, including the manner by computation of unit costs. expected to exceed the small purchase which termination shall be effected and (2) Reasons why established goals threshold, specifies a ‘‘brand name’’ the basis for settlement. In addition, were not met, if appropriate. product. such contracts shall describe conditions (3) Other pertinent information (4) The proposed award over the under which the contract may be including, when appropriate, analysis small purchase threshold is to be terminated for default as well as and explanation of cost overruns or high awarded to other than the apparent low conditions where the contract may be unit costs. bidder under a sealed bid procurement. terminated because of circumstances (e) Recipients shall not be required to (5) A proposed contract modification beyond the control of the contractor. submit more than the original and two changes the scope of a contract or (c) All negotiated contracts (except copies of performance reports. increases the contract amount by more those for less than the small purchase (f) Recipients shall immediately notify than the amount of the small purchase threshold) awarded by recipients shall the NHPRC of developments that have threshold. include a provision to the effect that the a significant impact on the award- 53526 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations supported activities. Also, notification information for each agreement with the § 1210.53 Retention and access shall be given in the case of problems, recipients. requirements for records. delays, or adverse conditions which (ii) The NHPRC may require forecasts (a) This section sets forth materially impair the ability to meet the of Federal cash requirements in the requirements for record retention and objectives of the award. This ‘‘Remarks’’ section of the report. access to records for awards to notification shall include a statement of (iii) When practical and deemed recipients. The NHPRC will not impose the action taken or contemplated, and necessary, the NHPRC may require any other record retention or access any assistance needed to resolve the recipients to report in the ‘‘Remarks’’ requirements upon recipients. situation. section the amount of cash advances (b) Financial records, supporting (g) The NHPRC may make site visits, received in excess of three days. documents, statistical records, and all as needed. Recipients shall provide short narrative other records pertinent to an award (h) The NHPRC shall comply with explanations of actions taken to reduce shall be retained for a period of three clearance requirements of 5 CFR Part the excess balances. years from the date of submission of the final expenditure report or, for awards 1320 when requesting performance data (iv) Recipients shall be required to that are renewed quarterly or annually, from recipients. submit not more than the original and from the date of the submission of the two copies of the SF–272 15 calendar § 1210.52 Financial reporting. quarterly or annual financial report, as days following the end of each quarter. (a) The following forms or such other authorized by the NHPRC. The only The NHPRC may require a monthly forms as may be approved by OMB are exceptions are the following. report from those recipients receiving authorized for obtaining financial (1) If any litigation, claim, or audit is advances totaling $1 million or more per information from recipients. started before the expiration of the 3- year. (1) SF–269 or SF–269A, Financial year period, the records shall be Status Report. (v) The NHPRC may waive the retained until all litigation, claims or (i) The NHPRC requires recipients to requirement for submission of the SF– audit findings involving the records use the SF–269 or SF–269A to report the 272 for any one of the following reasons: have been resolved and final action status of funds for all nonconstruction (A) When monthly advances do not taken. projects or programs. The NHPRC may, exceed $25,000 per recipient, provided (2) Records for real property and however, have the option of not that such advances are monitored equipment acquired with NHPRC funds requiring the SF–269 or SF–269A when through other forms contained in this shall be retained for 3 years after final the SF–270, Request for Advance or section; disposition. Reimbursement, or SF–272, Report of (B) If, in the NHPRC’s opinion, the (3) When records are transferred to or Federal Cash Transactions, is recipient’s accounting controls are maintained by the NHPRC, the 3-year determined to provide adequate adequate to minimize excessive Federal retention requirement is not applicable information to meet its needs, except advances; or, to the recipient. that a final SF–269 or SF–269A shall be (C) When the electronic payment (4) Indirect cost rate proposals, cost required at the completion of the project mechanisms provide adequate data. allocations plans, etc. as specified in when the SF–270 is used only for (b) When the NHPRC needs additional paragraph (g) of this section. advances. information or more frequent reports, (c) Copies of original records may be (ii) The report may be on a cash or the following shall be observed. substituted for the original records if accrual basis. (1) When additional information is authorized by the NHPRC. (iii) The NHPRC shall determine the (d) The NHPRC shall request transfer needed to comply with legislative frequency of the Financial Status Report of certain records to its custody from requirements, the NHPRC shall issue for each project or program, considering recipients when it determines that the instructions to require recipients to the size and complexity of the particular records possess long term retention submit such information under the project or program. However, the report value. However, in order to avoid ‘‘Remarks’’ section of the reports. shall not be required more frequently duplicate recordkeeping, the NHPRC (2) When the NHPRC determines that than quarterly or less frequently than may make arrangements for recipients to a recipient’s accounting system does not annually. A final report shall be retain any records that are continuously meet the standards in § 1210.21, required at the completion of the needed for joint use. additional pertinent information to agreement. (e) The NHPRC, the Inspector General, (iv) The NHPRC shall require further monitor awards may be obtained Comptroller General of the United recipients to submit the SF–269 or SF– upon written notice to the recipient States, or any of their duly authorized 269A (an original and no more than two until such time as the system is brought representatives, have the right of timely copies) no later than 30 days after the up to standard. The NHPRC, in and unrestricted access to any books, end of each specified reporting period obtaining this information, shall comply documents, papers, or other records of for quarterly and semi-annual reports, with report clearance requirements of 5 recipients that are pertinent to the and 90 calendar days for annual and CFR Part 1320. awards, in order to make audits, final reports. Extensions of reporting (3) The NHPRC is encouraged to examinations, excerpts, transcripts and due dates may be approved by NHPRC shade out any line item on any report copies of such documents. This right upon request of the recipient. if not necessary. also includes timely and reasonable (2) SF–272, Report of Federal Cash (4) The NHPRC may accept the access to a recipient’s personnel for the Transactions. identical information from the purpose of interview and discussion (i) When funds are advanced to recipients in machine readable format or related to such documents. The rights of recipients the NHPRC shall require each computer printouts or electronic access in this paragraph are not limited recipient to submit the SF–272 and, outputs in lieu of prescribed formats. to the required retention period, but when necessary, its continuation sheet, (5) The NHPRC may provide shall last as long as records are retained. SF–272a. The NHPRC shall use this computer or electronic outputs to (f) Unless required by statute, the report to monitor cash advanced to recipients when such expedites or NHPRC will place no restrictions on recipients and to obtain disbursement contributes to the accuracy of reporting. recipients that limit public access to the Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53527 records of recipients that are pertinent termination that the reduced or (2) The costs would be allowable if to an award, except when the NHPRC modified portion of the grant will not the award were not suspended or can demonstrate that such records shall accomplish the purposes for which the expired normally at the end of the be kept confidential and would have grant was made, it may terminate the funding period in which the termination been exempted from disclosure grant in its entirety under either takes effect. pursuant to the Freedom of Information paragraphs (a)(1) or (2) of this section. (d) Relationship to debarment and Act (5 U.S.C. 552) if the records had (b) If costs are allowed under an suspension. The enforcement remedies belonged to the NHPRC. award, the responsibilities of the identified in this section, including (g) Indirect cost rate proposals, cost recipient referred to in § 1210.71(a), suspension and termination, do not allocations plans, etc. Paragraphs (g)(1) including those for property preclude a recipient from being subject and (g)(2) of this section apply to the management as applicable, shall be to debarment and suspension under following types of documents, and their considered in the termination of the E.O.s 12549 and 12689 and NARA supporting records: indirect cost rate award, and provision shall be made for implementing regulations (see computations or proposals, cost continuing responsibilities of the § 1210.13). allocation plans, and any similar recipient after termination, as accounting computations of the rate at appropriate. Subpart DÐAfter-the-Award which a particular group of costs is Requirements chargeable (such as computer usage § 1210.62 Enforcement. § 1210.70 Purpose. chargeback rates or composite fringe (a) Remedies for noncompliance. If a benefit rates). recipient materially fails to comply with Sections 1210.71 through 1210.73 (1) If submitted for negotiation. If the the terms and conditions of an award, contain closeout procedures and other recipient submits to the cognizant whether stated in a Federal statute, procedures for subsequent Federal agency or the subrecipient regulation, assurance, application, or disallowances and adjustments. notice of award, the NHPRC may, in submits to the recipient the proposal, § 1210.71 Closeout procedures. plan, or other computation to form the addition to imposing any of the special basis for negotiation of the rate, then the conditions outlined in § 1210.14, take (a) Recipients shall submit, within 90 3-year retention period for its one or more of the following actions, as calendar days after the date of supporting records starts on the date of appropriate in the circumstances. completion of the award, all financial, such submission. (1) Temporarily withhold cash performance, and other reports as (2) If not submitted for negotiation. If payments pending correction of the required by the terms and conditions of the recipient is not required to submit deficiency by the recipient or more the award. The NHPRC may approve to the NHPRC or the subrecipient is not severe enforcement action by the extensions when requested by the required to submit to the recipient the NHPRC. recipient. proposal, plan, or other computation for (2) Disallow (that is, deny both use of (b) Unless the NHPRC authorizes an negotiation purposes, then the 3-year funds and any applicable matching extension, a recipient shall liquidate all retention period for the proposal, plan, credit for) all or part of the cost of the obligations incurred under the award or other computation and its supporting activity or action not in compliance. not later than 90 calendar days after the records starts at the end of the fiscal (3) Wholly or partly suspend or funding period or the date of year (or other accounting period) terminate the current award. completion as specified in the terms and covered by the proposal, plan, or other (4) Withhold further awards for the conditions of the award or in agency computation. project or program. implementing instructions. (5) Take other remedies that may be (c) The NHPRC shall make prompt Termination and Enforcement legally available. payments to a recipient for allowable § 1210.60 Purpose of termination and (b) Hearings and appeals. In taking an reimbursable costs under the award enforcement. enforcement action, the NHPRC shall being closed out. (d) The recipient shall promptly Sections 1210.61 and 1210.62 set provide the recipient an opportunity for refund any balances of unobligated cash forth uniform suspension, termination hearing, appeal, or other administrative that the NHPRC has advanced or paid and enforcement procedures. proceeding to which the recipient is entitled under any statute or regulation and that is not authorized to be retained § 1210.61 Termination. applicable to the action involved. by the recipient for use in other projects. (a) Awards may be terminated in (c) Effects of suspension and OMB Circular A–129 governs whole or in part only if paragraphs (1), termination. Costs of a recipient unreturned amounts that become (2) or (3) of this section apply. resulting from obligations incurred by delinquent debts. (1) By the NHPRC, if a recipient the recipient during a suspension or (e) When authorized by the terms and materially fails to comply with the after termination of an award are not conditions of the award, the NHPRC terms and conditions of an award. allowable unless the NHPRC expressly shall make a settlement for any upward (2) By the NHPRC with the consent of authorizes them in the notice of or downward adjustments to the Federal the recipient, in which case the two suspension or termination or share of costs after closeout reports are parties shall agree upon the termination subsequently. Other recipient costs received. conditions, including the effective date during suspension or after termination (f) The recipient shall account for any and, in the case of partial termination, which are necessary and not reasonably real and personal property acquired the portion to be terminated. avoidable are allowable if paragraphs with Federal funds or received from the (3) By the recipient upon sending to (c)(1) and (2) of this section apply. Federal Government in accordance with the NHPRC written notification setting (1) The costs result from obligations §§ 1210.31 through 1210.37. forth the reasons for such termination, which were properly incurred by the (g) In the event a final audit has not the effective date, and, in the case of recipient before the effective date of been performed prior to the closeout of partial termination, the portion to be suspension or termination, are not in an award, the NHPRC shall retain the terminated. However, if the NHPRC anticipation of it, and in the case of a right to recover an appropriate amount determines in the case of partial termination, are noncancellable. after fully considering the 53528 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations recommendations on disallowed costs 2. Copeland ‘‘Anti-Kickback’’ Act (18 market, or contracts for transportation or resulting from the final audit. U.S.C. 874 and 40 U.S.C. 276c)—All transmission of intelligence. contracts and subgrants in excess of $2,000 5. Rights to Inventions Made Under a § 1210.72 Subsequent adjustments and for construction or repair awarded by Contract or Agreement—Contracts or continuing responsibilities. recipients and subrecipients shall include a agreements for the performance of provision for compliance with the Copeland (a) The closeout of an award does not experimental, developmental, or research ‘‘Anti-Kickback’’ Act (18 U.S.C. 874), as affect any of the following. work shall provide for the rights of the (1) The right of the NHPRC to supplemented by Department of Labor regulations (29 CFR part 3, ‘‘Contractors and Federal Government and the recipient in any disallow costs and recover funds on the Subcontractors on Public Building or Public resulting invention in accordance with 37 basis of a later audit or other review. Work Financed in Whole or in Part by Loans CFR part 401, ‘‘Rights to Inventions Made by (2) The obligation of the recipient to or Grants from the United States’’). The Act Nonprofit Organizations and Small Business return any funds due as a result of later provides that each contractor or subrecipient Firms Under Government Grants, Contracts refunds, corrections, or other shall be prohibited from inducing, by any and Cooperative Agreements,’’ and any transactions. means, any person employed in the implementing regulations issued by the (3) Audit requirements in § 1210.26. construction, completion, or repair of public awarding agency. (4) Property management work, to give up any part of the 6. Clean Air Act (42 U.S.C. 7401 et seq.) requirements in §§ 1210.31 through compensation to which he is otherwise and the Federal Water Pollution Control Act entitled. The recipient shall report all 1210.37. (33 U.S.C. 1251 et seq.), as amended— (5) Records retention as required in suspected or reported violations to the Federal awarding agency. Contracts and subgrants of amounts in excess § 1210.53. 3. Davis-Bacon Act, as amended (40 U.S.C. of $100,000 shall contain a provision that (b) After closeout of an award, a 276a to a–7)—When required by Federal requires the recipient to agree to comply with relationship created under an award program legislation, all construction all applicable standards, orders or regulations may be modified or ended in whole or contracts awarded by the recipients and issued pursuant to the Clean Air Act (42 in part with the consent of the NHPRC subrecipients of more than $2,000 shall U.S.C. 7401 et seq.) and the Federal Water and the recipient, provided the include a provision for compliance with the Pollution Control Act as amended (33 U.S.C. responsibilities of the recipient referred Davis-Bacon Act (40 U.S.C. 276a to a–7) and 1251 et seq.). Violations shall be reported to to in § 1210.73(a), including those for as supplemented by Department of Labor the Federal awarding agency and the property management as applicable, are regulations (29 CFR part 5, ‘‘Labor Standards Regional Office of the Environmental considered and provisions made for Provisions Applicable to Contracts Governing Protection Agency (EPA). Federally Financed and Assisted 7. Byrd Anti-Lobbying Amendment (31 continuing responsibilities of the Construction’’). Under this Act, contractors recipient, as appropriate. U.S.C. 1352)—Contractors who apply or bid shall be required to pay wages to laborers and for an award of $100,000 or more shall file mechanics at a rate not less than the § 1210.73 Collection of amounts due. the required certification. Each tier certifies minimum wages specified in a wage (a) Any funds paid to a recipient in determination made by the Secretary of to the tier above that it will not and has not excess of the amount to which the Labor. In addition, contractors shall be used Federal appropriated funds to pay any recipient is finally determined to be required to pay wages not less than once a person or organization for influencing or entitled under the terms and conditions week. The recipient shall place a copy of the attempting to influence an officer or of the award constitute a debt to the current prevailing wage determination issued employee of any agency, a member of Federal Government. If not paid within by the Department of Labor in each Congress, officer or employee of Congress, or a reasonable period after the demand for solicitation and the award of a contract shall an employee of a member of Congress in be conditioned upon the acceptance of the payment, the NHPRC may reduce the connection with obtaining any Federal wage determination. The recipient shall contract, grant or any other award covered by debt by: report all suspected or reported violations to (1) Making an administrative offset 31 U.S.C. 1352. Each tier shall also disclose the Federal awarding agency. any lobbying with non-Federal funds that against other requests for 4. Contract Work Hours and Safety takes place in connection with obtaining any reimbursements; Standards Act (40 U.S.C. 327–333)—Where Federal award. Such disclosures are (2) Withholding advance payments applicable, all contracts awarded by forwarded from tier to tier up to the recipients in excess of $2,000 for otherwise due to the recipient; or recipient. (3) Taking other action permitted by construction contracts and in excess of $2,500 for other contracts that involve the 8. Debarment and Suspension (E.O. 12549 statute. and E.O. 12689)—No contract shall be made (b) Except as otherwise provided by employment of mechanics or laborers shall include a provision for compliance with to parties listed on the General Services law, the NHPRC shall charge interest on Administration’s List of Parties Excluded an overdue debt in accordance with 4 Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. from Federal Procurement or CFR Chapter II, ‘‘Federal Claims 327–333), as supplemented by Department of Nonprocurement Programs in accordance Collection Standards.’’ Labor regulations (29 CFR part 5). Under with E.O. 12549 and E.O. 12689, ‘‘Debarment Appendix A to Part 1210—Contract Section 102 of the Act, each contractor shall and Suspension.’’ This list contains the Provisions be required to compute the wages of every names of parties debarred, suspended, or mechanic and laborer on the basis of a otherwise excluded by agencies, and All contracts, awarded by a recipient standard work week of 40 hours. Work in contractors declared ineligible under including small purchases, shall contain the excess of the standard work week is statutory or regulatory authority other than following provisions as applicable: permissible provided that the worker is E.O. 12549. Contractors with awards that 1 1. Equal Employment Opportunity—All compensated at a rate of not less than 1 ⁄2 exceed the small purchase threshold shall contracts shall contain a provision requiring times the basic rate of pay for all hours provide the required certification regarding compliance with E.O. 11246, ‘‘Equal worked in excess of 40 hours in the work Employment Opportunity,’’ as amended by week. Section 107 of the Act is applicable to its exclusion status and that of its principal E.O. 11375, ‘‘Amending Executive Order construction work and provides that no employees. 11246 Relating to Equal Employment laborer or mechanic shall be required to work Dated: August 31, 1995. Opportunity,’’ and as supplemented by in surroundings or under working conditions John W. Carlin, regulations at 41 CFR part 60, ‘‘Office of which are unsanitary, hazardous or Archivist of the United States. Federal Contract Compliance Programs, dangerous. These requirements do not apply Equal Employment Opportunity, Department to the purchases of supplies or materials or [FR Doc. 95–25548 Filed 10–13–95; 8:45 am] of Labor.’’ articles ordinarily available on the open BILLING CODE 7515±01±P Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53529
ENVIRONMENTAL PROTECTION 136. Finally, the methods for marine A. Basis for Approval AGENCY chronic toxicity in today’s rule do not B. Summary of Methods to Measure the apply to discharges into marine waters Toxicity of Effluents and Receiving 40 CFR Part 136 of the Pacific Ocean. Methods Waters to Freshwater and Marine Organisms [WH±FRL±5308±7] addressing such discharges will be 1. Methods to Measure the Acute Toxicity proposed at a later date. of Effluent and Receiving Waters To RIN 2040±AC54 EFFECTIVE DATE: This final rule becomes Freshwater, Estuarine and Marine effective November 15, 1995. The Organisms Whole Effluent Toxicity: Guidelines incorporation by reference of certain 2. Short-Term Methods to Estimate the Establishing Test Procedures for the publications listed in this regulation is Chronic Toxicity of Effluents and Analysis of Pollutants approved by the Director of the Office Receiving Waters to Freshwater Estuarine and Marine Organisms AGENCY: Environmental Protection of Federal Register on November 15, (a) Short-Term Chronic Toxicity Test Agency (EPA). 1995. Methods for Freshwater Organisms In accordance with 40 CFR 23.2, this ACTION: Final rule. (b) Short-Term Chronic Toxicity Test rule shall be considered issued for the Methods for Estuarine and Marine SUMMARY: This final rule amends the purposes of judicial review October 26, Organisms ‘‘Guidelines Establishing Test 1995, at 1 p.m. eastern daylight time. IV. Summary of Response to Comments for Procedures for the Analysis of Under section 509(b)(1) of the Clean Aquatic Toxicity Tests A. Summary of Changes Pollutants,’’ 40 CFR part 136, to add Water Act, judicial review of these amendments can be obtained only by B. Effluent and Receiving Water Toxicity whole effluent toxicity (WET) testing Tests with Fish and Aquatic Life methods to the list of Agency approved filing a petition for review in the United 1. Test Variability methods in Tables IA and II, under the States Court of Appeals within 120 days 2. Quality Assurance/Quality Control Clean Water Act. This action amends 40 after they are considered issued for the (QA)/(QC) CFR 136.3 (Tables 1A and II) by adding purposes of judicial review. Under a. Existence of QA Guidelines for Toxicity methods for measuring the acute and section 509(b)(2) of the Clean Water Act, Tests short-term chronic toxicity of effluents the requirements of these amendments b. Reference Toxicant Tests 3. Sample Collection, Holding Time and and receiving waters. may not be challenged later in civil or criminal proceedings to enforce these Temperature This rulemaking was initiated at the a. Sample Containers request of the States. The overall benefit requirements. b. Sample Holding Time and Temperature of today’s rulemaking is that it will ADDRESSES: The public record and all 4. Toxicity Testing Species reduce costs and eliminate the supporting materials pertinent to the a. Addition of the MICROTOXR Test confusion caused by the multiple development of this final rule, including System versions of any one test method response to comments received on the b. Indigenous (Feral) Test Organisms currently in use. For example, currently, December 1989 proposal, are available c. Supplemental Species for inspection at the Water Docket 5. Test Conditions an industry with facilities in six 6. Applicability of Tests different states may be required to located at the U.S. Environmental a. Criteria for Test Selection conduct six different versions of the Protection Agency, 401 M Street SW., b. Ceriodaphnia Test same test method. EPA estimates that Washington, DC 20460. For access to the c. Test Validation in Receiving Waters standardizing these approved methods Docket materials, call (202) 260–3027 d. Stage of Development of Toxicity Test could save the regulated community up between 9 a.m. and 3:30 p.m. A listing, Methods to 20% of the current test method costs, of where to view or obtain copies of the e. Ability of Laboratories to Perform the which range from $160.00–$2240.00, three manuals incorporated by reference Arbacia and Champia tests depending upon the test method. This in today’s rulemaking, can be found in C. Statistical Analysis of Results of Toxicity Tests with Fish and Other rulemaking will also reduce the current section VIII of the preamble. Aquatic Life resource burden in the States because FOR FURTHER INFORMATION CONTACT: Ms. D. Implementation and Miscellaneous they will no longer need to justify the Margarete A. Heber, Health and Issues inclusion of WET monitoring or WET Ecological Criteria Division, Office of VI. Regulatory Analysis limits in National Pollution Discharge Science and Technology, (Mail Code A. Unfunded Mandate Reform Act of 1995 Elimination System (NPDES) permits on 4304) U.S. Environmental Protection B. Regulatory Flexibility Act a case-by-case basis. Agency, 401 M St. SW., Washington, DC C. Paperwork Reduction Act This rule incorporates three technical 20460 or call (202) 260–0658; or Ms. D. Executive Order 12866 documents, by reference, thereby VII. Materials to be Incorporated by Teresa Norberg-King, Environmental Reference into 40 CFR Part 136 dramatically reducing the number of Research Laboratory, U.S. VIII. Public Availability of Materials pages included in today’s Federal Environmental Protection Agency, 6201 Incorporated by Reference Register. A listing of these documents Congdon Boulevard, Duluth, MN 55804. IX. References and where they can be viewed or obtained can be found in section VIII of SUPPLEMENTARY INFORMATION I. Authority the preamble. Table of Contents EPA is promulgating this rule under Methods for measuring mutagenicity I. Authority the authority of sections 301, 304(h), (changes in genes or chromosomes)or II. Regulatory Background and 501(a) of the Clean Water Act for monitoring viruses in wastewaters A. Analytical Methods under 40 CFR part (‘‘CWA’’ or the ‘‘Act’’), 33 U.S.C. 1251 and sludges that were included in the 136 et seq., 33 U.S.C. 1311, 1314(h), 1361(a). December 1989 proposal are not B. Toxicity Testing Section 301 of the Act prohibits the included in this final rule. When better C. EPA’s Whole Effluent Toxicity (WET) discharge of any pollutant into Policy scientific methods for measuring D. Proposed Rule Published December 4, navigable waters unless the discharge mutagenicity and viruses become 1989 complies with certain requirements of available, the Agency will evaluate them III. Biological Methods Included in the Final the Act, including a requirement for a for possible inclusion in 40 CFR part Rule National Pollutant Discharge 53530 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
Elimination System (‘‘NPDES’’) permit Under this regulation, the Administrator whole effluent toxicity, rather than issued pursuant to CWA section 402. may approve alternate test procedures attempt to identify all toxic pollutants, Section 304(h) of the Act requires the developed and proposed by dischargers determine the effects of each pollutant Administrator to ‘‘promulgate or other persons. individually, and then attempt to assess guidelines establishing test procedures Finally, there may be discharges that their collective effect. for the analysis of pollutants that shall require limitations for certain When whole effluent toxicity testing include the factors which must be parameters using test procedures not yet is used, toxicity itself is a pollutant provided in any certification pursuant approved under 40 CFR part 136. Under parameter. The toxicants creating that to (CWA section 401) or permit 40 CFR 122.41(j)(4) and 122.44(i)(1)(iv) toxicity need not be specifically applications pursuant to (CWA section permit writers may include, through identified to limit the effluent’s toxicity. 402).’’ 33 U.S.C. 1314(h). Section 501(a) permit proceedings, parameters An analogy between effluent toxicity authorizes the Administrator ‘‘to requiring the use of test procedures that and biochemical oxygen demand (BOD) prescribe such regulations as are are not approved part 136 methods. EPA can be drawn. Both are measurements of necessary to carry out his function also may include such parameters in a biological effect. Both can be under the Act.’’ 33 U.S.C. 1361(a). accordance with the provisions quantified. In neither case are the prescribed at 40 CFR 401.13, ‘‘Test causative agents of the biological effect II. Regulatory Background Procedures for Measurements.’’ Many of specifically identified. Thus, whole A. Analytical Methods Under 40 CFR the whole effluent toxicity testing effluent toxicity is like BOD in that it is Part 136 methods, incorporated by reference in a useful parameter for characterizing an today’s rulemaking, have been included undesirable effect caused by the The CWA establishes two principal in NPDES permits utilizing the discharge of a complex mixture of waste bases for the incorporation of effluent provisions in 40 CFR 122.41(j)(4). materials. limitations in NPDES permits. Effluent Today’s rulemaking will relieve the The Declaration of Goals and Policy at limitations implement both technology- NPDES permit writers of having to Section 101(a)(3) of the Act states that based and water quality-based include these test methods on a case-by- ‘‘it is the national goal that the discharge requirements of the Act. Technology- case-basis. By the same token, the test of toxic pollutants in toxic amounts be based limitations represent the degree of methods standardized in today’s rule prohibited.’’ Section 502 (13), describes control that can be achieved using will replace unapproved test methods toxic pollutants as ‘‘* * * those various levels of pollution control (or variations thereof) for NPDES pollutants, or combinations of technology. In addition to the permits issued after the effective date of pollutants, including disease-causing technology-based effluent limitations, today’s rule. Existing NPDES permits agents, which after discharge and upon the Act directs the states, with federal need not be re-opened to include test exposure, ingestion, inhalation or approval and oversight, to establish methods from today’s rule. assimilation into any organism, either water quality-based standards to assure directly from the environment or protection of the quality of state waters. B. Toxicity Testing indirectly by ingestion through food The state standards designate uses for Until recently, EPA programs for the chains, will, on the basis of information navigable waters and establish water control of toxic discharges were based available to the Administrator, cause quality criteria to protect such uses. If largely on effluent limitations for death, disease, physiological necessary to achieve compliance with individual chemicals. EPA has malfunctions, behavioral abnormalities, applicable water quality standards, developed water quality criteria for physical deformation, birth defects, NPDES permits must contain water many pollutants based on genetic mutations, and cancer.’’ Today’s quality-based limitations more stringent comprehensive testing and evaluation rule establishes procedures to measure than the applicable technology-based that, unlike whole-effluent testing, some of these effects. Owners or standards. considers a variety of toxic endpoints, operators of NPDES facilities may be To ensure compliance with these including human health impact and required as a permit application or effluent limitations, EPA has bioaccumulation. Once a water quality permit condition to perform one or more promulgated regulations providing criterion is developed, it can be used to of these tests methods to assure nationally-approved testing procedures develop a state numeric criteria within compliance with relevant water quality in 40 CFR part 136. Approved analytical a water quality standard (40 CFR standards. Both the D.C. and Ninth test procedures also must be used for 131.11(b)) and/or permit limit to ensure Circuit Courts of Appeals have recently the analysis of pollutants in permit that the level of that toxicant in the upheld EPA’s authority to set and applications, discharge monitoring discharge does not exceed the water measure limits on toxicity without reports, state certification under CWA quality standard (40 CFR regulating specific toxic pollutants section 401, as well as determining 122.44(d)(1)(iii) & (iv)). (NRDC v. EPA 859 F.2d 156 (D.C. Cir. compliance with pretreatment standards Data on the toxicity of substances to 1988); NRDC v. EPA 863 F.2d 1426 (9th issued under CWA section 307. Test aquatic organisms, however, are Cir. 1988). procedures have previously been available for only a limited number of approved for 262 different parameters elements and compounds. Effluent C. EPA’s Whole Effluent Toxicity (WET) (Table 1, 40 CFR 136.3). Approved test limitations on specific compounds, Policy procedures apply to the analysis of therefore, do not necessarily provide To achieve the goals of the Federal bacteriological, inorganic (metal, non- adequate protection for aquatic life water pollution control legislation, metal, mineral, nutrient, demand, when the toxicity of effluent extensive effluent toxicity screening residue) and physical, non-pesticide components is not known, effects of programs were conducted during the organic, pesticide, and radiological effluent components are additive, 1970s by the EPA regional and state parameters. Today’s rule adds methods synergistic, or antagonistic, and/or programs and permittees. Acute toxicity to the list of nationally-approved when an effluent has not been tests (USEPA, 1975, Methods for Acute methods. Regulations also provide a chemically characterized. In such Toxicity Tests with Fish, mechanism for the approval of alternate situations, EPA and the States can use Macroinvertebrates, and Amphibians, analytical methods at 40 CFR 136.4. biological methods to examine the National Water Quality Research Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53531
Laboratory, Duluth, Minnesota; USEPA, impacts and human health hazards (genotoxicity) of wastewaters, sludges, 1978, Environmental Monitoring and based on the general standards of ‘no and surface waters, and (4) methods to Support Laboratory, USEPA, Cincinnati, toxic materials in toxic amounts’.’’ recover, enumerate, and identify human Ohio, EPA/600/4–78/012) were used to Additional guidance on the enteric viruses in wastewater, sludges, measure effluent toxicity and to implementation of biomonitoring and and surface waters. Changes were also estimate the effects of toxic effluents on the use of effluent and receiving water proposed for Table II, on sample aquatic life in receiving waters. During toxicity data is available in a technical preservation and holding times. EPA this period, short-term inexpensive support document published by the provided a 60-day public comment methods were not available to detect the EPA Office of Water (‘‘Technical period. more subtle, low-level, long-term Support Document for Water Quality- In response to the Proposed Rule, (chronic), adverse effects (such as Based Toxics Control,’’ March 1991, comments were received from a broad reduction in growth and reproduction, EPA/505/2–90/001; PB91–127415). cross-section of public and private and occurrence of terata) of effluents on Since the l984 Agency policy, the use agencies, including major trade aquatic organisms. Rapid developments of effluent toxicity tests has increased organizations, large industries, large in toxicity test methods since 1980, steadily within the EPA and State environmental consulting firms, however, have resulted in the NPDES programs to identify toxic universities, state and interstate water availability of several methods that discharges, and by permittees as a self- pollution control agencies, and other permit detection of the low-level, monitoring tool (USEPA, 1979, Interim Federal agencies. A summary of the adverse effects (chronic toxicity) of NPDES Compliance Biomonitoring major comments concerning acute and effluents to freshwater and marine Inspection Manual, Washington, DC). chronic testing for freshwater and organisms in nine days or less. Regulatory authorities must now marine organisms, and EPA’s responses As a result of the increased awareness establish whole effluent toxicity limits to them, are addressed below. of the value of effluent toxicity test data where necessary to meet the Responses to the remainder of the for toxics control in the water quality requirements of 40 CFR 122.44(d) (54 comments are contained in the program and the NPDES permit FR 23868, Jun. 2, 1989). The 1989 rule, Supplementary Information Document program, EPA issued a national policy which clarified EPA’s Surface Water (SID) portion of the rulemaking record. statement entitled, ‘‘Policy for the Toxics Control Program, defined ‘‘whole The entire Water Docket is available for Development of Water Quality-Based effluent toxicity’’ and described inspection from 9 to 3:30 p.m. at 401 M Permit Limitations for Toxic procedures for determining whether an St SW., Washington DC 20460. Call Pollutants,’’ in the Federal Register (49 NPDES permit must include a water (202) 260–3027 for an appointment. FR 9016, Mar. 9, 1984). This policy quality-based effluent limitation. The In addition, the Agency decided not statement was updated in a document regulation also addressed procedures for to finalize the test methods proposed to entitled, ‘‘Whole Effluent Toxicity deriving effluent limits from state measure the mutagenicity (genotoxicity) (WET) Control Policy,’’ published by narrative or numeric water quality of wastewaters, sludges, and surface EPA in July 1994 (EPA 833–B–94–002). criteria. At that time, EPA noted that waters; and methods to recover, The policy recommended the use of protocols and guidance documents used enumerate, and identify human enteric toxicity data to assess and control the to perform toxicity tests were only viruses in wastewater, sludges, and discharge of toxic pollutants to the recommended. With today’s rule, when surface waters. In the mid 1980s, the nation’s waters through the NPDES NPDES permits require whole effluent Agency believed that a simple test like permits program. The policy stated: toxicity limits, testing must be the Ames test could be used as a ‘‘Biological testing of effluents is an conducted according to the toxicity test predictor of chronic health effects (i.e. important aspect of the water quality- protocols described in the test manuals carcinogenicity). However, this test based approach for controlling toxic cited in Table IA, 40 CFR part 136, as produces many false results, and, thus, pollutants. Effluent toxicity data, in amended (except for chronic toxicity could potentially confuse or mislead conjunction with other data, can be limitation for discharges into marine regulators. Presently, the Agency is used to establish control priorities, waters of the Pacific Ocean). working on different methods to assess compliance with state water The Environmental Monitoring recover, enumerate, and identify human quality standards, and set permit Systems Laboratory—Cincinnati (EMSL- enteric viruses, and so the methods limitations to achieve those standards.’’ Cincinnati) developed standard test proposed are no longer representative of The policy also addressed the procedures and published standardized the best available science. technical approach for assessing and acute and chronic toxicity tests methods controlling the discharge of toxic to minimize intralaboratory and III. Biological Methods Included in the pollutants to the nation’s waters through interlaboratory variability in toxicity Final Rule the NPDES permit program, and tests conducted by EPA regional and A. Basis for Approval discussed the application of chemical state programs and NPDES permittees. and biological methods for assuring the Many of the comments received on regulation of effluent discharges in D. Proposed Rule Published December the proposed rule were helpful in accordance with federal and state 4, 1989 identifying ambiguities and minor requirements. The policy stated that On December 4, l989, EPA proposed inconsistencies in the aquatic toxicity ‘‘EPA will use an integrated strategy at 54 FR 50216 to add the following test methods which had been published consisting of both biological and methods to Table IA, 40 CFR part 136: at different times during the seven years chemical methods to address toxic and (1) Methods to measure the acute preceding the proposal. This was non-conventional pollutants from toxicity of effluents and receiving particularly true with regard to the industrial and municipal sources. In waters to freshwater and marine comment received from numerous addition to enforcing specific discharge organisms, (2) short-term methods to commenters to reformat the three limits for toxic pollutants, EPA and the estimate the chronic toxicity of effluents manuals to make them both consistent States will use biological techniques and receiving waters to freshwater, with each other and easier to use. The and available data on the biological estuarine, and marine organisms, (3) biological methods added to Table IA, effects of chemicals to assess toxicity methods to measure the mutagenicity 40 CFR part 136, in this final rule are 53532 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations described below, and are included in Any such changes, however, will be data referred to in the manual are the rulemaking docket. published in the Federal Register prior available from EMSL-Cincinnati. The tests have been validated in a to their effective date for regulatory End-of-the-pipe effluent toxicity data number of studies conducted by EPA, purposes. The most recent (third) are used to predict potential acute and state programs, and universities. The edition was published in 1985 (EPA/ chronic toxicity of effluents in the methods are well established and are 600/4–85/013). receiving water, based on the LC50 and currently being implemented in a The current manual (EPA/600/4–90/ appropriate dilution, application, and number of NPDES permits. 027F) describes tests for effluents and persistence factors. The tests can be Furthermore, each of the methods has receiving waters, and includes conducted as a part of self-monitoring extensive guidance on quality assurance guidelines for the following areas: permit requirements, compliance and routine quality control activities. Laboratory safety; quality assurance; evaluation inspections, compliance Information on the single laboratory facilities and equipment; effluent biomonitoring inspections, compliance precision of the methods is included in sampling and holding times; dilution sampling inspections, toxics sampling the respective short-term test manuals water; test species selection, culturing, inspections, performance audit in the rulemaking docket. The methods and handling; data collection, inspections, and special investigations. in this rule have precision profiles interpretation and utilization; report The tests can be performed in a central comparable to previously established preparation; and dilutor and mobile test laboratory or on-site by the part 136 methods. The Agency stands toxicity test laboratory design. regulatory agency or the permittee. behind the conclusion that the The acute toxicity tests in the manual Acute toxicity tests can be used in biological methods in this rule are generally involve exposure of any of 20 toxicity reduction evaluations to applicable for use in NPDES permits. test organisms to each of five effluent identify toxic waste streams within B. Summary of Methods to Measure the concentrations and a control water. The plants, to aid in the development and Toxicity of Effluents and Receiving test duration depends on the objectives implementation of toxicity reduction Waters to Freshwater and Marine of the test and the test species, and plans, and also can be used to compare and control the effectiveness of various Organisms ranges from 24–96 hours. The manual treatment technologies for a given type includes a list of freshwater and marine The three aquatic toxicity test of industry, irrespective of the receiving test organisms, and specified test manuals cited at 54 FR 50216 have been water (49 FR 9016, Mar. 9, 1984). revised as a result of public comment on conditions for 10 commonly used Several types of acute toxicity tests the proposed rule. The revised editions, freshwater and marine organisms— are described, including static non- discussed below, are as follows: (1) Ceriodaphnia dubia, Daphnia magna, renewal, static renewal, and flow- USEPA. 1993. Methods for Measuring Daphnia pulex, fathead minnows through. The selection of the test type the Acute Toxicity of Effluents and (Pimephales promelas), rainbow trout will depend upon the objectives of the Receiving Waters to Freshwater and (Oncorhynchus mykiss), brook trout test, available resources, requirements of Marine Organisms, Fourth Edition, (Salvelinus fontinalis), mysids the test organisms, and effluent EPA/600/4–90/027F; (2) USEPA. 1994. (Mysidopsis bahia and Holmesimysis characteristics, such as fluctuations in Short-term Methods to Estimate the costata), Bannerfish shiners (Notropis effluent toxicity. Special environmental Chronic Toxicity of Effluents and leedsi), sheepshead minnows requirements of some organisms (such Receiving Waters to Freshwater (Cyprinodon variegatus), and silversides as flowing water, or fluctuating water Organisms, Third Edition, July 1994, (Menida menidia, M. beryllina, and M. levels) may preclude the use of static EPA/600/4–91/002; and (3) USEPA. peninsulae). The organisms and test tests. 1994. Short-term Methods to Estimate conditions are selected by the user (e.g. Static tests include: (1) Non-renewal the Chronic Toxicity of Effluents and permitting authority for NPDES permits) tests in which the test organisms are Receiving Waters to Estuarine and depending on the objectives of the test exposed to the same effluent solution or Marine Organisms, Second Edition, July and the effluent and receiving water receiving water for the duration of the 1994, EPA/600/4–91/003. characteristics. test, and, (2) renewal tests in which the The tests are used to determine the organisms are exposed to a fresh test 1. Methods to Measure the Acute effluent concentration, expressed as a solution every 24 hours or other Toxicity of Effluents and Receiving percent volume, that within the prescribed interval, either by Waters to Freshwater Estuarine and prescribed test period causes death in transferring the test organisms from one Marine Organisms 50% of the organisms (LC50), or test chamber to another or by replacing This rule includes methods to whether survival in a given (single) all or a portion of the effluent solution measure the acute toxicity of effluents concentration of effluent, or in receiving in the test chambers. Sample renewal and receiving waters to freshwater and water, is significantly different than in reduces some of the possible effects of marine fish and invertebrates, as controls. Where death is not easily factors which may affect the apparent described in the EPA methods manual, detected, e.g., with some invertebrates toxicity of the effluent, such as toxicant Methods for Measuring the Acute like Ceriodaphnia and Daphnia, adsorption on the walls of the test Toxicity of Effluents and Receiving immobilization is considered equivalent chambers, biodegradation and/or Waters to Freshwater and Marine to death. Procedures for determining the chemical transformation of the Organisms (EPA/600/4–90/027F). This LC50 include the graphical method, the toxicants, volatilization, and uptake and methods manual represents the fourth Probit method and the trimmed metabolism of toxicants by test edition of the acute toxicity test manual Spearman-Karber method. Where organisms. first published by EMSL-Cincinnati in survival in a single effluent Two types of flow-through tests are 1978 (EPA/600/4–78/012). The concentration or in receiving water is described: (1) Effluent is pumped methods, developed with the assistance compared to survival in the control to continuously from the sampling point of the Agency’s Toxicity Assessment determine if they are significantly directly to the dilutor system; and (2) Subcommittee of the Biological different, a hypothesis test, Dunnett’s effluent grab or composite samples are Advisory Committee, are periodically Test, is used. Copies of computer collected periodically, placed in a tank updated, expanded, and republished. programs for statistical analysis of the adjacent to the test laboratory, and Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53533 pumped continuously from the tank to multiple discharges on the quality of the METHOD 1001.0: the dilutor system. The flow-through receiving water. The tests may also be Fathead Minnow (Pimephales method employing continuous effluent useful in developing site-specific water promelas) Embryo-larval Survival and sampling is the preferred method for on- quality criteria. Teratogenicity Test. Fathead minnow The use of short-term, subchronic, site tests. Because of the large volume embryos are exposed in a static renewal and chronic toxicity tests in the NPDES (often 400 L/day) of effluent normally system to a control water and at least required, flow-through tests are Program is recommended in the 1984 five different concentrations of effluent, generally considered too costly and EPA policy on water-quality based or to receiving water, from shortly after impractical to conduct at off-site permit limits, and subsequently can be egg fertilization to hatch, and the larvae laboratories. required under 40 CFR 122.44(d). The Parameters and Units: short-term chronic methods are more are exposed an additional four days The results of the test are reported as effective analytical tools because they posthatch (total of eight days). Test the LC50 (Lethal Concentration—50), provide a more comprehensive results are determined on the combined which is the concentration of effluent prediction of the effects of toxic frequency of both mortality and gross causing death (or immobilization, or effluents on aquatic life in receiving morphological deformities (terata) in other adverse effect) in 50% of the test waters than is provided by acute test solutions, compared to the controls. organisms or, in the case of single toxicity tests, at a greatly reduced level The test is useful for screening for concentration tests, a statistically of effort compared to earlier chronic teratogens because organisms are significant increase in lethality in the toxicity test methods (i.e. fish full-life- exposed during embryonic effluent sample as compared to the cycle chronic and 30-day early life-stage development. control. tests, and the 21- to 28-day invertebrate METHOD 1002.0: Precision: life-cycle tests). The endpoints generally Data on single laboratory precision used in chronic tests are survival, Ceriodaphnia dubia Survival and (intra-) and multi-laboratory (inter-) growth, and reproduction. The effects Reproduction test. Ceriodaphnia precision from tests with reference include the synergistic, antagonistic, neonates are exposed to a control water toxicants are provided in the manual and additive effects of all the chemical, and at least five different concentrations (EPA/600/4–90/027F). physical, and biological components of effluent, or to receiving water, in a that adversely affect the physiological static renewal system until 60% of 2. Short-Term Methods to Estimate the control females have three broods of Chronic Toxicity of Effluents and and biochemical functions of the test organisms. young, or a maximum of 8 days. Test Receiving Waters to Freshwater, results are based on survival and Estuarine, and Marine Organisms (a) Short-Term Chronic Toxicity Test Methods for Freshwater Organisms. The reproduction in test solutions, Today’s rule includes two sets of approved toxicity test methods for compared to the controls. short-term chronic toxicity test freshwater organisms are found in the METHOD 1003.0: methods: (1) Four methods for manual, Short-Term Methods for freshwater organisms and (2) six Estimating the Chronic Toxicity of Algal (Selenastrum capricornutum) methods for estuarine and marine Effluents and Receiving Waters to Growth Test. A Selenastrum population organisms, found in the EPA methods Freshwater Organisms, Third Edition is exposed to a control water and to at manuals, Short-term Methods for (EPA/600/4–91/002) July 1994. The least five different concentrations of Estimating the Chronic Toxicity of manual describes four- to seven-day effluent, or to receiving water, in a static Effluents and Receiving Waters to methods for estimating the chronic system, for 96 hours. The test results are Freshwater Organisms, Third Edition toxicity of effluents and receiving determined by the population responses (EPA/600/4–91/002) July 1994, and waters to three species: (1) The fathead in test solutions in terms of changes in Short-term Methods for Estimating the minnow, Pimephales promelas; (2) the cell density (cell counts per milliliter), Chronic Toxicity of Effluents and cladoceran, Ceriodaphnia dubia; and (3) biomass, chlorophyll content, or Receiving Waters to Estuarine and the alga, Selenastrum capricornutum. absorbance, compared to the controls. Marine Organisms, Second Edition Guidelines are also included on Toxicity Test Endpoints. The (EPA/600/4–91/003) July 1994, laboratory safety, quality assurance, endpoints for the freshwater short-term respectively. The tests are used to facilities and equipment, dilution water, chronic toxicity tests with effluents and estimate one or more of the following: effluent sampling and holding, data receiving waters are summarized as: (1) (1) The chronic toxicity of effluents analysis, report preparation, and The NOEC, which is the highest percent collected at the end of the discharge organism culturing and handling. effluent concentration at which no pipe and tested with a standard dilution Copies of computer programs for adverse effect on survival, growth, or water; (2) the chronic toxicity of statistical analysis of the data referred to reproduction is observed, and (2) the effluents collected at the end of the in the manual, are available from EMSL- IC25 (Inhibition Concentration, 25%), discharge pipe and tested with dilution Cincinnati. The approved short-term which is the effluent concentration at water consisting of receiving water chronic tests are: which growth or reproduction are collected upstream or beyond the reduced 25% from that of controls. influence of the outfall, or with other METHOD 1000.0: Although both endpoints are uncontaminated surface water or Fathead Minnow (Pimephales permissible, EPA recommends the IC25 standard dilution water having promelas) Larval Survival and Growth endpoint for regulatory use. approximately the same hardness or Test. Larvae (preferably less than 24 The precision of the freshwater salinity as the receiving water, hours old) are exposed in a static chronic toxicity tests is discussed in the depending on the nature of the receiving renewal system to a control water and respective methods sections in the water (fresh or saline) and test at least five concentrations of effluent, methods manual (EPA/600/4–91/002). organisms; (3) the toxicity of diluted or to receiving water for seven days. NOECs from repetitive tests generally effluent in the receiving water Test results are determined on the fall within one concentration interval of downstream or at increasing distance survival and weight of the larvae in test the median value, and when measured from the outfall; and (4) the effects of solutions, compared to the controls. with the IC25, the precision is generally 53534 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations in the range of 30–60%. Precision can shortly after fertilization of the eggs to on survival, growth, or reproduction is be improved by decreasing the hatch, and the larvae are exposed for an observed, and (2) the IC25 (Inhibition concentration interval around the additional four days posthatch (total of Concentration, 25%), which is the median value. This is accomplished by nine days). Test results are determined effluent concentration at which growth adding more concentration on either based on the combined frequency of or reproduction are reduced 25% from side of the median value. both mortality and gross morphological that of controls. Although both (b) Short-Term Chronic Toxicity Test deformities (terata) in the test solutions, endpoints are permissible, EPA Methods for Estuarine and Marine compared to the controls. The test is recommends the IC25 endpoint for Organisms. The approved short-term useful in screening for teratogens regulatory use. chronic toxicity tests for estuarine and because organisms are exposed during The precision of the chronic toxicity marine organisms are contained in the embryonic development. tests is discussed in the respective manual, Short-term Methods for methods sections in the manual (EPA/ Estimating the Chronic Toxicity of METHOD 1006.0: 600/4–91/003). NOECs from repetitive Effluents and Receiving Waters to Inland silverside (Menidia beryllina), tests generally fall within one Estuarine and Marine Organisms, Larval Survival and Growth Test Larvae concentration interval of the median Second Edition, July 1994 (EPA/600/4– (preferably 7–11 days old) are exposed value. The precision of these test 91/003). This manual describes six in a static renewal system to a control methods is also given in the Technical short-term (one-hour to nine-day) water and at least five concentrations of Support Document (second edition) that methods for estimating the chronic effluent, or to receiving water for seven provides additional data points. toxicity of effluents and receiving days. Test results are determined on the IV. Summary of Response to Comments waters to five species: The sheepshead survival and weight change of the larvae for Aquatic Toxicity Tests minnow, Cyprinodon variegatus; the in the test solutions, compared to the inland silverside, Menidia beryllina; the controls. This section of the preamble mysid shrimp, Mysidopsis bahia; the summarizes the changes to the three sea urchin, Arbacia punctulata; and the METHOD 1007.0: methods manuals and significant red macroalga, Champia parvula. Mysidopsis bahia Survival, Growth, comments received. The rest of the The marine chronic toxicity tests in and Fecundity Test. Seven-day old comments are summarized in the today’s rule do not apply to discharges mysids are exposed in a static renewal Supplementary Information Document into marine waters of the Pacific Ocean. system to a control water and at least (SID) which is available in the Water Toxicity tests for such discharges will five different concentrations of effluent, Docket. continue to be specified in NPDES or to receiving water for seven days. A. Summary of Changes permits on a case-by-case basis. EPA Test results are determined on survival, intends to propose standardized toxicity growth, and egg production (fecundity) One of the most commonly mentioned test methods based on the methods of the mysids in the test solutions, comments in the proposal was to have developed by the States and EPA compared to the controls. all three manuals formatted similarly, so laboratories on the Pacific Coast. that the documents would be easier to METHOD 1008.0: Guidelines are included on laboratory use. The three documents incorporated safety, quality assurance, facilities and Arbacia punctulata Fertilization Test. by reference in this rulemaking are now equipment, dilution water, effluent Arbacia sperm are exposed one hour in formatted in the same way, and as a sampling methods and holding times a static system to control medium and result, are more ‘‘user friendly’’. and temperatures, data analysis, report at least five concentrations of effluent, With this rule, several technical and preparation, and organism culturing and or to receiving water. Eggs are then editorial changes are made in the handling. Copies of computer programs added to the sperm and both are manual, Methods for Measuring the for statistical analysis of the data exposed for an additional 20 minutes. Acute Toxicity of Effluents and referred to in the manual are available The response is measured in terms of Receiving Waters to Freshwater and from EMSL-Cincinnati. The approved the percent fertilization of the eggs Marine Organisms, to respond to public short-term chronic tests are: compared to the control. comments on the Proposed Rule, December 4, 1989, and to make certain METHOD 1004.0: METHOD 1009.0: technical and policy language consistent Sheepshead Minnow (Cyprinodon Champia parvula Reproduction Test. with the revised freshwater and marine variegatus) Larval Survival and Growth Branches of male and female plants are short-term chronic toxicity test manuals Test. Larvae (preferably less than 24 placed together for 48 hours in a static (EPA/600/4–91/002, EPA/600/4–91/ hours old) are exposed in a static system and exposed to a control 003). Most of the substantive method renewal system to a control water and medium and at least five concentrations changes made pursuant to public at least five concentrations of effluent, of effluent, or in receiving water. The comment were made in the acute or to receiving water for seven days. exposed plants are then transferred to toxicity manual. Changes to the chronic Test results are determined on the control medium for a recovery period of toxicity manuals were largely related to survival and weight change of the larvae 5–7 days. After the recovery period, the format and consistency between the in test solutions, compared to the numbers of reproductive structures manuals. Briefly the changes are controls. (cystocarps) that develop on the female explained below. plants as a result of fertilization in the Two paragraphs have been added to METHOD 1005.0: test solutions are compared to the the introduction. The first paragraph Sheepshead Minnow (Cyprinodon controls. cautions against making unauthorized variegatus) Embryo-larval Survival and Test Endpoints. The endpoints for the changes in the methods, and the second Teratogenicity Test. Sheepshead estuarine and marine short-term chronic paragraph makes a statement about minnow embryos are exposed in a static toxicity tests with effluents and experience needed by users of the renewal system to a control water and receiving waters include: (1) The NOEC, methods. In Section 7, on the selection at least five different concentrations of which is the highest percent effluent of dilution water for tests, ‘‘ground effluent, or to receiving water, from concentration at which no adverse effect water’’ is added as an acceptable Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53535
‘‘natural’’ water. In Section 8, on sample variability at the low end of the sulfate, or other suitable substance). The collection and handling, the description measurement detection range exceeds tests can be limited to acute toxicity of sample ‘‘holding time’’ was that of the toxicity test methods. tests if the laboratory performs only expanded, but holding conditions and Compare Technical Support Document acute tests with effluents and receiving limits on sample holding time were not for Water Quality-based Toxics Control waters. However, EPA does not agree changed. In Section 9, on toxicity test at 3, Table 1–3 (EPA/505/2–90–001). A that acute tests can be used instead of procedures, an explanation was added large amount of intra- and inter- short-term chronic tests for the monthly on how an increase in pH during a laboratory precision data are available verification of the sensitivity of test toxicity test can be reduced or avoided on the toxicity tests approved in today’s organisms to be used in short-term by using a static renewal or flow- rule, and representative data sets are chronic tests with effluents and through approach. In Section 9, on included in the methods manuals. On receiving waters. toxicity test procedures, one footnote the basis of these data, EPA is Comment: Where effluent and was added to each of two tables of test comfortable with the conclusion that reference toxicant tests are performed summary conditions, listing an whole effluent toxicity tests are no more concurrently with organisms from the additional species that could be used variable than chemical analytical same batch shipped to a laboratory, and with the test conditions. These changes methods in Part 136 and, therefore, only the reference toxicant test is were made in response to comments on stands behind the conclusion that invalid (e.g., for failure to meet the proposed rule. toxicity tests in NPDES permits provide acceptability criteria or control chart reliable indicators of whole effluent limits), the permittee should not be B. Effluent and Receiving Water Toxicity toxicity. required to repeat both the effluent Tests with Fish and Aquatic Life 2. Quality Assurance/Quality Control toxicity and reference toxicant tests. 1. Test Variability (QA/QC) Response: EPA believes that the probability that an effluent toxicity test Comment: Toxicity test results are too Some commenters expressed the variable, and methods are not could be valid when the side-by-side opinion that the Agency’s QA reference toxicant test does not meet sufficiently well standardized or requirements were excessively time- validated with round robin data to acceptability criteria is very slight. consuming and costly, whereas other Under these circumstances, therefore, include in 40 CFR part 136. commenters stated that the Response: EPA agrees that methods the results of both tests are rejected and requirements were too lenient. See the approved under part 136 should be the tests must be repeated. SID for additional QA/QC information, validated scientifically. Further, EPA If the reference toxicant test meets the such as the requirements for five initial recognizes that an interlaboratory study acceptability criteria but the results fall toxicity tests, cleaning labware and (round robin) provides a useful and outside the control limits, the results of apparatus, and food quality. The major desirable means of validating an both the reference toxicant and effluent comments on QA were as follows: analytical method. However, EPA does tests should be considered provisional not consider such a study to be a a. Existence of QA Guidelines for and subject to careful review. Good requirement for approval under Part 136 Toxicity Tests laboratories that have developed very narrow control limits may be unfairly for a variety of reasons. First, prior to Comment: The proposed methods do penalized if test results that fall outside each interlaboratory study conducted not contain the necessary QA protocols. with aquatic toxicity tests methods, EPA Response: EPA disagrees. Each of the the control limits are rejected. For this conducted intralaboratory studies that toxicity test methods manuals reason, the width of the control limits demonstrated similar, satisfactory incorporated by reference into Table IA, should be considered by the permitting precision. Where the Agency does not 40 CFR part 136, contains separate, authority in determining if the reference have interlaboratory data for a species, detailed, QA/QC guidelines, and each toxicant and effluent toxicity data adequate data on intralaboratory analytical method within these manuals should be rejected on the basis of the precision are available. Second, quality discusses all aspects of the tests which control chart limits. assurance and quality control relate to QA/QC. The requirement for side-by-side procedures specified in the toxicity test reference toxicant tests with shipped methods manuals are designed to b. Reference Toxicant Tests organisms could be waived if the test minimize any variability due to analyst Comment: The requirement for organism supplier provides reference error or stress in test cultures due to monthly chronic QA tests of the toxicant and control charts data from factors other than effluent toxicity. sensitivity of organisms cultured within monthly tests conducted with young Finally, the toxicity test methods the laboratory is excessive. Monthly from the same source cultures during specify a procedure for a series of initial acute tests, or monthly acute and the previous five-month period, using repetitive tests to ensure that laboratory quarterly chronic tests for such the same reference toxicants and same results during any particular analysis organisms should be sufficient. toxicity test conditions. establish a pattern of satisfactory Response: EPA believes that the Comment: EPA should provide performance and define that laboratory’s condition of organisms produced in ‘‘in guidance on the acceptable performance intralaboratory variability. house’’ laboratory cultures can change of each reference toxicant (e.g., as it has EPA does consider the precision of rapidly, requiring monthly verification done with chemical QC samples). candidate methods in approving such of test organism sensitivity with the Response: EPA believes that the methods under part 136. The essential appropriate acute and/or short-term laboratory conducting the WET tests criterion is that the precision of the chronic toxicity test(s), using reference should derive response data by methods fall within the approximate toxicants. Without this assessment, conducting a range-finding test prior to range of other Agency methods changes in the cultures can lead to less the definitive test. Accuracy of toxicity (including those in part 136), and that precision in the tests. It is sufficient to test results cannot be ascertained, only approved methods provide valid results. use a single reference toxicant with one the precision of toxicity can be For some of the chemical-specific or all test species (e.g., sodium chloride, estimated, therefore it is not appropriate methods, e.g., for manganese, the potassium chloride, sodium dodecyl to provide such information. 53536 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
Comment: EPA should provide (directed to the Regional Administrator performance characteristics of the reference toxicants and standard test under 40 CFR 136.4 and 40 CFR 136.5) method and its use. Commenters urged organisms. must include supportive data which inclusion of the test because of its Response: The Agency is currently show that the toxicity of the effluent alleged simplicity, cost effectiveness, divesting itself from the production and sample is not reduced (e.g., because of reproducibility, and widespread use. distribution of QC materials for biodegradation, chemical One commenter suggested use of the chemical methods and transferring transformation, volatilization and/or method for compliance testing, toxicity those tasks to the private sector under sorption of toxics on the sample reduction evaluations, and pretreatment cooperative research and development container surfaces) by extending the evaluations. agreements (CRADAs) authorized by the holding time beyond 36 hours. In no Response: While EPA agrees that Federal Technology Transfer Act of case should more than 72 hours elapse MICROTOXR is a relatively rapid and 1986, (Pub.L. No. 99–502). However, between collection and first use of the simple test system that can provide data biological QC materials, such as sample. useful for in-plant toxicity screening, reference toxicants and reference Comment: Current guidance on today’s rule does not include any test Artemia cysts, are still available in sample collection in the toxicity test methods to measure the toxic effect of limited quantity from the Quality manuals does not clearly indicate when effluent on bacteria. Consistent with the Assurance Research Division, sample holding time begins. public notice in the proposed rule and Environmental Monitoring Systems Response: EPA agrees and provides the test manuals incorporated by Laboratory, U.S. Environmental the following clarification in the reference therein, today’s final rule only Protection Agency, Cincinnati, OH manual. Sample holding time begins includes methods that measure toxicity 45268. Further information can be when the last grab sample in a series is to representative species from certain obtained by writing to the laboratory or taken (e.g., when a series of four grab phylogenetic groups: i.e., fish, calling 513–569–7325. samples are taken over a 24 hours invertebrates, and algae. Information Adequate supplies of test organisms period), or when a 24 hours composite available to the Agency does not, at this R are currently available from the private sampling period is completed. time, indicate that the MICROTOX test sector, and the market place has and is Comment: It is not possible to system provides an acceptable, sensitive expected to respond quickly to any regularly maintain a sample temperature indicator of the toxic effects of effluents increased demand for test organisms. of 4 °C during sample shipment. to the fish, invertebrates, or algae Response: EPA agrees that the included in the test methods 3. Sample Collection, Holding Time and requirement to maintain sample promulgated today. Temperature temperature at 4 °C may be difficult to The Agency hastens to add, however, a. Sample Containers achieve. However, the temperature that today’s rule does not restrict the use of the MICROTOXR test as an additional Comment: Glass sample containers requirement is important to minimize possible loss of toxicity due to chemical or supplemental test method for use in should be used instead of plastic states with federally-approved NPDES containers because there is less transformations and microbial degradation during transit and holding. programs. EPA also notes that tests such adsorption of toxics from the samples. R Sufficient ice should be placed with the as MICROTOX may provide the However, plastic sample containers permittee the additional benefit of a would be acceptable if the users are samples in the shipping container to ensure that ice is still present when the diagnostic tool for the purposes of in- warned of this problem. plant toxicity screening for the Response: The use of plastic samples arrive at the laboratory. However, even if ice is present when a protection of biological (microbial) containers for collection and shipment treatment processes. Under EPA of effluent samples is preferred over sample arrives at the laboratory, the analyst should measure and record the regulations, when a permittee conducts glass bottles, which are more easily any testing required by the permit using broken during shipment. It must be temperature of the samples to confirm that the 4 °C temperature maximum has an analytical method approved in 40 recognized, however, that the loss of CFR part 136, all test results must be toxics from samples (and possible not been exceeded. In the isolated cases where the permittee or the analyst can reported (40 CFR 122.41(l)(4)(ii)). Thus, reduction in toxicity) by adsorption to ° a diagnostic test not included in 40 CFR plastic surfaces may be greater with document that the 4 C shipping temperature cannot be met, the part 136 provides permittees with the plastic containers than with glass ones. opportunity for internal effluent Prolonged storage of samples in plastic permittee can be given the option of on- site testing or can request a variance in evaluation undisclosed to the permitting containers before use, therefore, should authority. The Agency notes, however, be avoided to the extent possible. sample shipping temperature. The request for a variance must include that results of any biological testing of b. Sample Holding Time and supportive data to demonstrate that the ‘‘end-of-pipe’’ discharge or receiving Temperature toxicity of the effluent samples is not waters must be reported in subsequent permit applications. Comment: The sample holding time reduced when the holding temperature (36 hours) prior to the start of the is increased to the level proposed. b. Indigenous (Feral) Test Organisms toxicity test is too restrictive. 4. Toxicity Testing Species Comment: The use of indigenous Response: EPA believes that 36 hours species from the receiving water should a. Addition of the MICROTOXR Test provides sufficient time to deliver the be allowed in effluent toxicity tests. samples to the performing laboratories System Response: The use of feral (feral in most cases. In the isolated cases Comment: Many commenters indicates wild) indigenous species from where the permittee can document that requested the inclusion of and provided the receiving water is not allowed due this delivery time cannot be met, the information on a toxicity test known as to lack of control in the quality of the permitting authority may allow an the MICROTOXR Luminescent Bacteria test organisms, including such factors as option for on-site testing, or a variance Toxicity Test using the organism, range in age, possible previous exposure to extend the holding time. The request Photobacterium phosphoreum. to contaminants, disease, and injury for a variance in sample delivery time Information supplied included during collection, all of which might Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53537 significantly affect organism sensitivity toxicity testing under certain test given biological method. The document to toxicants, and the precision and conditions. EPA accepts the use of explained the attributes of biological reproducibility of the test. However, the Notropis leedsi (Bannerfish Shiner) in tests that were significant for assessing above discussion does not mean that place of Pimephales promelas (Fathead adequacy: biological detection limits, EPA is adverse to persons developing Minnow), if the same test conditions are precision, and applicability. credible toxicity methods based on used, and the use of the mysid, In toxicity tests, the detection limit is other organisms, including methods Homesimysis costata, in place of determined by the ‘‘sensitivity’’ of the based on organisms indigenous to Mysidopsis bahia, with the same test test organisms. The sensitivity of specific surface waters. These toxicity conditions except at a temperature of organisms to pollutants is an intrinsic methods would need to include QA/QC 12°C, instead of 20°C or 25°C, and a quality, which may vary greatly between provisions that assure a proper level of salinity of 32–34½, instead of 5–30½), species, but also varies somewhat precision and reproducibility, and where their use is required test among organisms within the same would need to use test organisms organisms in discharge permits. species, and is affected by the condition cultured in a laboratory that are However, other species on the list are or ‘‘health’’ of the organisms. Because unaffected by environmental stresses. not currently approved for use as the sensitivity of the test organisms Such methods could be submitted for recommended species. cannot be ‘‘calibrated’’ before each approval as an alternative test procedure California is correct in its conclusion toxicity test, the tests must include (40 CFR 136.4 (a) and (d)). that the standardization of methods by standards to ensure data integrity. The final rule promulgated today includes c. Supplemental Species today’s rule will displace unapproved methods (for NPDES permits issued the use of standard ‘‘reference’’ Comment: Some commenters noted after today’s rule). In response to this toxicants to maintain that integrity. that some State laws prohibit the import concern, EPA is restricting the To assess the precision of biological of non-indigenous species. One applicability of today’s rule. The marine tests, the EPA report indicated that the commenter noted that the list of chronic tests in today’s rule do not methods must account for inherent recommended test species in the acute apply to discharges into marine waters variability of response and natural toxicity test manual (EPA/600/4–90/ of the Pacific Ocean. EPA seeks to variability of within-species sensitivity. 027) did not include any test species minimize disruption in the The methods in the final rule account indigenous to Pacific coastal waters. administration of NPDES permit for that variability by use of replicate The commenter provided data from programs in those States with Pacific testing; the toxicity methods require that side-by-side testing (Homesimysis coastal waters. EPA intends to propose a series of controls be run concurrently costata) suggesting that a west coast test approval of marine chronic methods with pollutant exposures. These species (that the commenter thought methods also contain criteria for applicable to colder, Pacific coast waters should be included) was at least as determining the acceptability of data in the near future. Marine acute west sensitive to toxicity as one of the test from a toxicity test based on the coast WET methods are included in the species recommended in the acute performance of the control organisms. acute testing manual. manual. The State of California The final attribute for assessing the expressed concern that test methods it 5. Test Conditions adequacy of biological methods, as discussed in the EPA report, was had developed and has been including See the SID for response to comments applicability. The key criterion in NPDES permits would be displaced on the following: Dilution water, test by today’s rule. identified for determining biological test temperature and pH, renewal of test Response: The species selected by applicability was whether special solutions, age of test organisms, test EPA for effluent toxicity tests in the conditions in the laboratory or a unique duration, feeding before/during the NPDES program represent a laboratory location is required to tests, dilution factor, replication, ‘‘performance standard’’ or indicator of perform the test. For a test method to be dissolved oxygen and aeration, and the sensitivity to toxicity for a given applicable, it must be adaptable to a number of effluent concentrations used phylogenetic category. Therefore, to use wide variety of laboratories. in tests. a species other than the recommended Applicability of a biological test species, the permittee or the permitting 6. Applicability of Tests depends on the ease with which the test can be performed on a routine basis and authority should provide data from side- a. Criteria for Test Selection by-side testing showing that the the consistency of availability of test proposed substitute test species is at Comment: In initially preparing, and organisms. The methods in this rule use least as sensitive as the recommended subsequently revising, the toxicity test readily available test organisms and can test species for that phylogenetic manuals, EPA failed to establish criteria be competently performed by category. for toxicity test selection. The toxicity laboratories following the QA/QC Toxicity test methods will not require tests proposed by the Agency did not guidelines described in the manuals. use of non-indigenous test organisms satisfy the criteria for determining EPA disagrees with the commenter’s when State law prohibits import of such adequacy of testing methods. central proposition that to establish species. However, the toxicity test Response: EPA believes the applicability, each method requires manuals provide instructions for the commenter refers to the criteria inter-laboratory validation. In validating disposal of test organisms and, if these described in the EPA report to Congress each method, EPA considered intra- instructions are followed, the use of entitled, ‘‘Availability, Adequacy, and laboratory testing. For those tests for non-indigenous organisms will not Comparability of Testing Procedures for which EPA further relies on result in establishment of populations of the Analysis of Pollutants Established interlaboratory testing, comparable these organisms in local waters that will Under Section 304(h) of the Federal coefficients of variation (precision) were threaten indigenous wildlife. Water Pollution Control Act,’’ EPA/600/ achieved. Based on the high degree of Appendix B in the acute toxicity test 9–87/030, September 1988. In that correlation between coefficients of manual (EPA/600/4–90/027F) contains a document, EPA compared biological variation between intralaboratory tests list of ‘‘supplemental’’ test species that analyses to chemical analyses for the and interlaboratory tests, EPA is may be appropriate for use in acute purpose of assessing the adequacy of a confident in its reliance on 53538 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations intralaboratory studies to establish the publication, and were subject to further listing the NOEC-LOEC interval for each applicability of the test methods to a review during the public comment test, and indicating the range in these wide variety of laboratories. period following issuance of the values. For a more general discussion of Proposed Rule. Codification of these statistical analysis using hypothesis b. Ceriodaphnia Test methods was proposed December 4, testing versus point estimates, see page Comment: There are problems with 1989, because they were considered 11 of the ‘‘Technical Support Document the Ceriodaphnia dubia short-term adequately standardized for use in the for Water Quality-based Toxics chronic toxicity test as evidenced by the NPDES Program. Furthermore, these Control’’, EPA/505/2–90–001, PB91– low rate of successful test initiation methods have been published in highly 127415, March 1991. (61%) and test completion (56%) in the respected, peer reviewed journals. Comment: The choice of statistical Battelle Columbus (1987) round robin. methods is not justified in the guidance Response: The Ceriodaphnia dubia e. Ability of Laboratories to Perform the documents. short-term chronic toxicity test method Arbacia and Champia Tests Response: EPA recognizes that the (especially the diet) has been Comment: Few laboratories have the statistical methods recommended in the significantly improved since the Battelle capability to perform some of the short- toxicity test methods manuals are not round robin, as evidenced by the higher term chronic toxicity tests, such as the the only possible methods of statistical rates of successful test initiation and Champia and Arbacia tests. analysis. In selecting the methods for completion in a round robin supervised Response: EPA agrees that the number the manuals, EPA statisticians evaluated by EPA Region 4 in 1989 (EPA/505/2– of laboratories with the capability of and considered many other analyses. 90–001). In this inter-laboratory study, conducting Champia and Arbacia tests The methods finally selected were 36 (80%) of 45 tests were successfully is currently limited. However, as the chosen, among other reasons, because completed. The endpoints (No Observed requirements for use of these organisms there are: (1) Well tested and well Effect Concentrations, or NOECs) of 35 in the NPDES permits program documented; (2) applicable to most of the 36 tests, fell on two adjacent increases, EPA’s past experience different toxicity test data sets for which concentrations. Also, an interlaboratory indicates that the resulting increase in they are recommended, but still study of the Ceriodaphnia dubia 7-day market demand will result in an powerful; (3) most easily understood by chronic test conducted by the San increase in the number of laboratories non-statisticians; and (4) amenable to Francisco Bay Regional Water Quality that are capable of performing these use without a computer, if necessary. Control Board (Environ. Toxicol. Chem. tests. Comment: Statistical analysis of 10:143–145, 1991), resulted in a toxicity test results is very complicated C. Statistical Analysis of Results of and should require the review and coefficient of variation of 29%, Toxicity Tests with Fish and Other demonstrating good precision. evaluation of a qualified statistician. Aquatic Life Response: The statistical analyses c. Test Validation in Receiving Waters Twenty-four sets of comments were recommended in the three toxicity test Comment: The relationship between received on statistical methods for manuals (acute, freshwater short-term laboratory data on effluent toxicity and toxicity data analysis. Some of the chronic, and marine short-term chronic) effects on aquatic life in receiving comments and responses are discussed cited in the proposed rule had been waters has not been established by the below and the rest are in the SID. subjected to extensive peer review in Agency. Comment: The use of Coefficients of the private and public sectors prior to Response: Numerous freshwater and Variation (CVs) of point estimates, such their proposal. The reviewers included marine site studies have been made to as the LC50, and the range in NOEC’s EPA statisticians, government contract determine this relationship (see the and/or LOEC’s (Lowest Observed Effect statisticians, and statisticians from Technical Support Document, EPA/505/ Concentration) are an inappropriate academia. EPA believes that this 2–90–001, 1991). These studies measure of test precision. The use of the constitutes an objective peer review of comprise a large data base specifically NOEC and LC50 endpoints for precision the recommended statistical analyses by collected to determine the validity of estimates is not consistent with the qualified statisticians. In addition, the toxicity tests to predict receiving water calculation of precision of chemical methods have also been published in community impacts. The results of these methods. Therefore comparison of highly regarded peer reviewed journals. studies clearly show the direct toxicity test precision to chemical The manuals also provide detailed, relationship between laboratory data on method precision is inappropriate. stepwise guidance for the statistical effluent toxicity and its adverse effect Response: In the case of toxicity tests, analyses of individual test results. on aquatic life in receiving water. test precision is a measure of agreement Comment: It is not always obvious of successive test results. Toxicity that an effect level that is determined to d. Stage of Development of Toxicity Test results are expressed in terms of a point be statistically significant is also Methods estimate, such as the LC1 biologically significant. Comment: EPA toxicity test methods (Concentration at which 1% of the Response: The implied question, are still in a developmental stage, and organisms die), LC50, IC25, or a NOEC- concerning the ‘‘biological significance’’ have not been properly peer reviewed. LOEC pair derived from hypothesis of (threshold) ‘‘statistically significant’ Response: The acute toxicity tests testing. The CV is a widely used and occurrences of adverse biological effects have been widely used in the public and acceptable method of expressing observed in toxicity tests, is an private sector for the past two decades, variability (precision) of point estimates implementation question, and is not and the short-term chronic tests have from toxicity tests, such as LC50’s, and addressed in this rulemaking. However, been in general use in the NPDES is comparable to the calculation of in a related area, the Agency’s water permit program for six to nine years. precision of chemical methods. quality criteria for fish and other aquatic The toxicity test manuals were widely However, NOEC’s and LOEC’s are not life are based on ‘‘safe concentrations’’ distributed to expert peer reviewers in point estimates, and it is not possible to of toxicants which are defined as the academia, major industries and trade express the precision of these values in highest concentration of toxicant not organizations, consulting firms, and terms of a similar statistic. In this case, showing a ‘‘statistically significant’’ government agencies prior to precision can only be described by occurrence of an adverse biological Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53539 effect (NOEC) with the assumption that 505/2–90–001, PB91–127415, March technical methods contained in this a ‘‘statistically significant’’ reduction in 1991. rulemaking. These comments are an important biological response will Comment: Statistical methods which addressed in the SID which is part of adversely affect the success of the require log or geometric dilution series the administrative record for this organisms and, therefore, is a should be discussed. rulemaking. ‘‘significant’’biological effect. Response: The use of graphical VI. Regulatory Analyses Comment: Only surviving adult method to determine the LC50 is females should be used for recommended by EPA (EPA/600/4–90/ A. Unfunded Mandates Reform Act of Ceriodaphnia reproduction analysis. 027F) only when the response is ‘‘all or 1995 Response: The exclusion of nothing,’’ i.e., only two levels of reproduction data from females that do response—zero mortality at lower test Under section 202 of the Unfunded not survive to the end of the test would concentrations and 100% mortality at Mandates Reform Act of 1995 bias the results in favor of the organisms higher test concentrations. Results of (‘‘Unfunded Mandates Act’’), signed that are more tolerant to pollution. this type occur in a high proportion into law on March 22, 1995, EPA must Therefore, EPA believes that it is best to (60% or more) of effluent toxicity tests. prepare a written statement to use the reproduction data from all the When such an all or nothing response accompany rules where the estimated test organisms in the analysis, except for occurs, the results are not amenable to costs to State, local, or tribal those from test concentrations that have statistical analysis. According to Finney, governments, or to the private sector, significantly greater mortality than the a leading authority on the analysis of will be $100 million or more in any one test controls. Data from the latter are not acute toxicity data, a graphically- year. Under section 205, EPA must included in the determination of the derived estimate of the LC50, which select the most cost-effective and least reproductive endpoint. employs the known logarithmic burdensome alternative that achieves Comment: More guidance is needed relationship between toxicant the objective of such a rule and that is in selecting alternative statistical concentration and mortality, is ‘‘the consistent with statutory requirements. methods when replicate values are only reasonable approach’’ (Finney, D.J. Section 203 requires EPA to establish a found to reflect wide variation in 1985. Arch. Toxicol. 56:215–218). plan for informing and advising any survival values. However, the graphical method is small governments that may be Response: The freshwater and marine unable to provide confidence limits for significantly and uniquely affected by short-term chronic toxicity test methods the endpoints. When partial mortalities the rule. manuals contain detailed flowcharts on occur at one or more test concentrations, EPA estimates that the costs to State, the recommended statistical analyses. It EPA recommends the use of the local, or tribal governments, or the is not possible to provide guidelines to Trimmed Spearman-Karber or Probit private sector, from this rule will be less cover all contingencies of toxicity data Analysis. than $100 million. This rulemaking Comment: Regression (point analysis. Therefore these should have minimal impact, if any, on estimation) should be used as an recommendations were intended to the current regulatory burden imposed interpretive tool for the data rather than cover most types of data that would on NPDES permittees because the exclusively using a ‘‘mean’’ system. occur in toxicity testing. As stated in the rulemaking merely standardizes Response: The selection of the methods (that are currently contained in manuals, EPA advises analysts to statistical analysis (in the two short- consult with a qualified statistician for guidance) to determine compliance with term chronic manuals) is dependant whole effluent toxicity limitations cases that are not covered by the upon the intended use of the data. For recommended analyses. required under existing regulations. example, in the NPDES permitting EPA has determined that an unfunded Comment: The NOEC is not a program, the recommended statistical meaningful endpoint and is too mandates statement therefore is procedure is the point estimate, because unnecessary. Similarly, the dependent upon the concentration confidence intervals can be placed intervals utilized in the test. standardized methods in today’s rule do around the point estimate. not establish any regulatory Response: EPA recognizes that the Comment: There must be an adequate requirements that might significantly or NOEC is dependent upon the concentration response or the test is of uniquely affect small governments; any concentration intervals used in a test, little value in calculation of a LC50 or such requirements would have been but disagrees that it is not a meaningful EC50. endpoint. The NOEC is the most Response: Data from toxicity tests established previously in NPDES commonly used endpoint in chronic frequently show an all or nothing regulations providing for inclusion of toxicity tests and, prior to the response, and in these instances the whole effluent toxicity limitations. development of the Linear Interpolation appropriate statistical procedure to B. Regulatory Flexibility Act (or Inhibition Concentration) Method, estimate the LC50 are the Graphical was the only endpoint available for Method and/or the Trimmed Spearman Under the Regulatory Flexibility Act, determination of ‘‘safe concentrations.’’ Karber. The alternative LC50 statistical 5 U.S.C. 601 et seq., EPA is required to The Agency’s water quality criteria for procedures do require that the data determine whether a regulation will fish and other aquatic life are based on show a dose response above and below significantly affect a substantial number ‘‘safe concentrations’’ of toxicants the LC50 concentration. of small entities so as to require a which are defined as the highest regulatory analysis. The regulation concentration of toxicant not causing a D. Implementation and Miscellaneous requires no new reports beyond those ‘‘statistically significant’’ difference in Issues now required. The analytical techniques biological response (such as growth or Approximately 23 comments were approved here either can be handled by reproduction). Use of the NOEC in related to the application and small facilities, or are widely available effluent and receiving water toxicity implementation of EPA Policy on the by contract at a reasonable price. tests is described in the Agency’s Water Quality-Based Toxics Control Therefore, in accordance with 5 U.S.C. ‘‘Technical Support Document for Water Program and other issues which were 605(b), I hereby certify that this rule will Quality-based Toxics Control’’, EPA/ not specifically applicable to the not have significant adverse economic 53540 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations impact on a substantial number of small VII. Materials Incorporated by 66101, (913) 551–7000; EPA Region 8, facilities. Reference Into 40 CFR Part 136 999 18th Street, Suite 500, Denver, CO 80202–2466, (303) 293–1603; EPA C. Paperwork Reduction Act 1. USEPA. 1993. Methods for Measuring the Acute Toxicity of Effluents to Freshwater Region 9, 75 Hawthorne Street, San This rule does not impose any and Marine Organisms. Fourth Edition, Francisco, CA 94105, (415) 744–1305; additional information requirements on August 1993. Environmental Monitoring EPA Region 10, 1200 Sixth Avenue, respondents, and consequently is not Systems Laboratory, U.S. Environmental Seattle, WA 98101, (206) 553–1200. subject to the Paperwork Reduction Act, Protection Agency, Cincinnati, Ohio (EPA/ Internet, EPA operates a ‘‘public 600/4–90/027F). Table 1A, Note 7. access server,’’ also known as ‘‘Earth 1,’’ 44 U.S.C. 3501 et seq. 2. USEPA. 1994. Short-term Methods for through which EPA will include all of D. Executive Order 12866 Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater the ways that copies of the test methods Under Executive Order 12866, EPA Organisms. Third Edition, July 1994. manuals are available. The Office of must judge whether a regulation is Environmental Monitoring Systems Water will put the directions about Laboratory, U.S. Environmental Protection electronic retrieval of the test methods ‘‘major’’ and therefore subject to the Agency, Cincinnati, Ohio. (EPA/600/4–91/ requirement of a ‘‘Regulatory Impact manuals on EPA’s Internet ‘‘homepage.’’ 002). Table 1A, Note 9. By doing so, persons interested in Analysis.’’ This regulation is not major 3. USEPA. 1994. Short-term Methods for for the following reasons: Estimating the Chronic Toxicity of Effluents electronic copies of the methods and Receiving Waters to Marine and manuals may obtain copies either (1) 1. The rule only prescribes analytical Estuarine Organisms. Second Edition, July retrieving the documents from EPA’s methods and sample handling requirements 1994. Environmental Monitoring Systems file transfer protocol (FTP) site on the that ensure a uniform measure of pollutants Laboratory, U.S. Environmental Protection Internet at ftp.epa.gov or gopher.epa.gov across all wastewater discharges within Agency, Cincinnati, Ohio. (EPA/600/4–91/ (2) retrieving the documents by dial-in minimum acceptance criteria. The rule itself 003). Table 1A, Note 10. does not require that analyses actually be access at 919–558–0335, or (3) by performed. Other existing rules require such VIII. Public Availability of Materials To requesting floppy disks from NCEPI, analyses in certain circumstances. The Be Incorporated by Reference including requests through the Office of Water Resource Center. EPA would purpose is to ensure that the quality of the Copies of the documents incorporated environmental monitoring data meets certain by reference in today’s rulemaking will explain the limitations some users may minimum standards. be available to the general public from encounter trying to print out diagrams, 2. The impact of this regulation will be far tables, charts and graphs, which would less than $100 million. The regulation affects the following sources at no cost: National Center for Environmental may require special ‘‘read’’ software. unit monitoring cost for the NPDES Later this year, the Office of Water will programs, e.g., effluent guidelines regulations Publications and Information (NCEPI): available 24 hours a day, 7 days a week; have its own Internet ‘‘homepage’’ and the NPDES implementation regulations, which will include all Office of Water and the pretreatment programs. However, the (513) 489–8190, or FAX (513) 489–8695, rule does not itself impose those costs. The identifying the name of the document or rules and information on how to obtain monitoring costs for other programs are the publication number listed in section copies of all technical support considered in the rulemaking for each VII of this preamble. Available formats: documents. program. paper copies and 31⁄2 inch or 5 inch By the end of 1995, EPA will be a discs. participant in the Government Under Executive Order 12866 The EPA Office of Water Resource Center: Information Locator Service (GILS) Office of Management and Budget available 24 hours a day, 7 days a week; consistent with Office of Management waived review on October 26, 1994. (202) 260–7786. Contract staff will assist and Budget requirements. GILS is a ‘‘list The range in cost for the acute and caller in identifying a document from of lists’’ on the Internet, of all U.S. chronic methods, on a per test basis, is document title, publication number, or Government publications, describing approximately $200.00–$2800.00. a description of the subject matter. the publication and how to get it. The Clustered at the low end of the cost Available formats: paper copies and 31⁄2 Office of Water will describe the means range estimate are the acute 96 hour test inch or 5 inch discs. of electronic access to the whole methods, and at the higher end the EPA Regional Office Libraries: EPA effluent toxicity test methods manuals short-term chronic test methods. The has 10 Regional offices around the through the GILS system. majority of testing laboratories charged country, each with a publically Public Libraries, A description of the between $200.00–$1500.00 per test. EPA accessible library. Copies of these whole effluent toxicity methods final believes that the overall range of cost documents can be viewed and copied at rule and the test methods manuals has per test, particularly at the high end, these EPA Regional libraries. EPA been placed in the combined catalogues will decrease as a result of promulgation Region I, JFK Federal Building, One of the Online Computer Library Center of the methods. This is because the Congress Street, Boston, MA 02203, (OCLC) in Columbus, Ohio, available to number of approved tests will be (617) 565–3420; EPA Region 2, 290 all member libraries across the country limited to those in the rule, as opposed Broadway, New York, NY 10007–1866, (approximately 13,000). This summary to the many variations of each test (212) 637–3000; EPA Region 3, 841 will facilitate public access through method now being conducted. Chestnut Building, Philadelphia, PA interlibrary loans from the Regional EPA Experience has shown that the cost of 19107, (215) 597–9800; EPA Region 4, libraries. Through OCLC, EPA has the tests has decreased over time as the 345 Courtland Street, NE., Atlanta, GA placed the summary and access testing laboratories have become more 30365, (404) 347–4727; EPA Region 5, information in the Online Library competent in performing the different 77 West Jackson Blvd., Chicago, IL System. Finally, EPA has provided the test methods. EPA estimates that the 60604–3507, (312) 353–2000; EPA national association of public libraries overall cost will drop by 20% (ranging Region 6, First Interstate Bank Tower at with a summary of the whole effluent from $160.00–$2240.00 for all labs, and Fountain Place, 1445 Ross Avenue, 12th toxicity methods rule and the test $160.00–$1200.00 for the majority of Floor, Suite 1200, Dallas, TX 75202– methods manuals, as a way of labs) as a result of promulgation of this 2733, (214) 665–6444; EPA Region 7, emphasizing their availability through rule. 726 Minnesota Avenue, Kansas City, KS this means. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53541
Copies of these documents will also Association, Franklin Public Library, Estuarine Organisms, Second Edition’’ be available for viewing and copying at 310 Central Street, Franklin, NH 03235; July 1994, EPA/600/4–91/003, ‘‘Short- the State Libraries: Alabama Library New Jersey Library Association, 4 W. Term Methods for Estimating the Association, 400 S. Union Street, Suite Lafayette, Trenton, NJ 08608; New Chronic Toxicity of Effluents and 255, Montgomery, AL 36104; Alaska Mexico Library Association, San Juan Receiving Water to Freshwater Library Association, PO Box 81084; College Library, 4601 College Avenue, Organisms, Third Edition’’ July 1994, Fairbanks, AL 99708–1084; Arizona Farmington, NM 87401; New York EPA/600/4–91/002, and ‘‘Methods for State Library Association, 13832 32d. Library Association, 252 Hudson Measuring the Acute Toxicity of Street, Phoenix, AZ 85032; Arkansas Avenue, Albany, NY 12210; North Effluents and Receiving Waters to Library Association, 1100 N. University, Carolina Library Association, Freshwater and Marine Organisms, #109, Little Rock, AR 72204; California Southeastern Technical Asst. Center, Fourth Edition’’ August 1993, EPA/600/ Library Association, 717 K. Street, Suite 2013 Lejeune Blvd., Jacksonville, NC 4–90/027F. (NTIS is an organization 300, Sacramento, CA 95814–3477; 28546–7027; North Dakota Library within the U.S. Department of Colorado Library Association, 114 Association, University of North Dakota- Commerce.) Pinecliffe Road, Pinecliffe, CO 80471; Lake Region, 1800 N. College Drive, EPA is also notifying the following Connecticut Library Association, Box Devil’s Lake, ND 58301; Ohio Library groups of the availability of these 1016, Hartford, CT 06360; Delaware Council, 35 E. Gay Street, Columbus, documents: International Association of Library Association, PO Box 816, OH 43215; Oklahoma Library Environmental Testing Laboratories; Wilmington, DE 19903; District of Association, 300 Hardy Drive, Edmond, American Society of Testing Materials; Columbia Library Association, PO Box OK 73013; Oregon Library Association, Society of Environmental Toxicology 14177, Benjamin Franklin Station, 1270 Chemeketa Street, NE, Salem, OR and Chemistry; American Chemical Washington, DC 20044; Florida Library 97301; Pennsylvania Library Society; Water Environment Federation; Association, 1133 W. Morse Blvd., Suite Association, 1919 N. Front Street, Association of Metropolitan Sewerage 201, Winter Park, Fl 32789–3788; Harrisburg, PA 17110; Rhode Island Agencies; Association of Analytical Georgia Library Association, Young Library Association, 300 Richmond Chemists; and the Discharge Monitoring Harris College, PO Box 39, Young Street, Providence, RI 02903; South Requirement Quality Assurance Harris, GA 30582; Guam Library Carolina Library Association, Rt 2, Box Program. Association, PO Box 22515 GFM, 139F, Denmark, SC 29042; South Dakota Barrigada, GU 96921; Hawaii Library Library Association, PO Box 673, Pierre, IX. References Association, PO Box 4441, Honolulu, HI SD 57501; Tennessee Library Federal Register: U.S. Environmental 96814–4441; Idaho Library Association, Association, Memphis State University Protection Agency. Policy for the Boise State University, Boise, ID 83725; Library, Memphis, TN 30152; Texas Development of Water Quality-Based Illinois Library Association, 33 W. Library Association, 3355 Bee Cave Permit Limitations for Toxic Pollutants, 49 FR 9016; Mar. 9, 1984. Grand Avenue, #301, Chicago, IL 60610; Road, #401, Austin, TX 78746; Utah Library Association, 365 Emory, Salt Anderson, S.L. and T.J. Norberg-King. 1991. Indiana Library Federation 6408 Precision of ShortTerm Chronic Toxicity Carrollton Avenue, Indianapolis, IN Lake City, UT 84101; Vermont Library Tests in the Real World. Environmental 46220–1615; Iowa Library Association, Association, Box 803, Burlington, VT Toxicology and Chemistry 10(2):143– 823 Insurance Exchange Building, Des 05402–0803; St. Thomas/St. John 145. Moines, IA 50309; Kansas Library Library Associationa, University of Finney, D.J. 1985. The Median Lethal Dose association, South Central Kansas Virgin Islands, St. Thomas, VI 00802; St. and its Estimation. Arch. Toxicol. Library System, 901 N. Main, Croix Library Association, PO Box 56:215–218. Hutchinson, KS 67501–4401; Kentucky 306164, Veteran’s Drive Station, U.S. Environmental Protection Agency. July Library Association, 1501 Twilight Tr., Charlotte Amalie, VI 00803; Virginia 1994. Whole Effluent Toxicity (WET) Control Policy. EPA 833–B–94–002. Frankfort, KY 40601; Louisiana Library Library Association, 669 S. Washington U.S. Environmental Protection Agency. 1991. Association, PO Box 3058, Baton Rouge, Street, Alexandria, VA 22314–4109; Washington Library Association, Ft. Technical Support Document for Water LA 70821; Maine Library Association, Quality-Based Toxics Control, March Community Drive, Augusta, ME 04330; Vancouver Regional Library, 1007 E. 1991, EPA/505/2–90/001; PB91–127415. Maryland Library Association, 400 Mill Plain Blvd. Vancouver, WA 98603– U.S. Environmental Protection Agency. Cathedral Street, 3d Floor, Baltimore, 3504; West Virginia Library Association, September 1988. Report to Congress: MD 21201; Massachusetts Library West Virginia Library Community, Availability, Adequacy, and Association, Countryside Offices 707 Science and Culture Center, Charleston, Comparability of Testing Procedures for Turnpike St., North Andover, MA WV 35305; Wisconsin Library the Analysis of Pollutants Established 08145; Michigan Library Association, Association, 4785 Hayes Road, Madison, Under Section 304(h) of the Federal 1000 Long Blvd. Suite 1, Lansing, MI WI 53704–2764; Wyoming Library Water Pollution Control Act. EPA/600/9– 87/030. 48911; Minnesota Library Association, Association, Sweetwater County 1315 Lowrey Avenue, N. Minneapolis, Library, PO Box 550, Green River, WY List of Subjects in 40 CFR Part 136 MN 55411–1398; Mississippi Library 82935. Association, PO Box 20488, Jackson, MS A limited number of copies will be Environmental protection, Water 39209–1448; Missouri Library available from the EPA Regional offices, pollution control, Incorporation by Association, 11306 Business 63 South, and the State NPDES permitting offices. reference. Suite B, Columbia, MO 65201; Montana Finally, after the first printing, hard Dated: October 3, 1995. Library Association, 507 Fifth Avenue, copies will be available from the Carol M. Browner, Helena, MT 59601–4359; Nebraska National Technical Information Service Administrator. Library Association, 5302 S. 75th Street, (NTIS) in Springfield, Virginia for Ralston, NE 68127–3903; Nevada $31.00, $31.00, and $45.00, respectively For the reasons set out in the Library Association, Elko County Public for ‘‘Short-Term Methods for Estimating preamble, part 136 of title 40 of the Library, 720 Court Street, Elko, NV the Chronic Toxicity of Effluents and Code of Federal Regulations is amended 89801; New Hampshire Library Receiving Water to Marine and as follows: 53542 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
PART 136Ð[AMENDED] Authority: Secs. 301, 304(h), 307 and 2. In § 136.3(a), Table IA is revised to 501(a), Pub. L. 95–217, Stat. 1566, et seq. (33 read as follows: 1. The authority citation for part 136 U.S.C. 1251, et seq.) (the Federal Water § 136.3 Identification of test procedures. continues to read as follows: Pollution Control Act Amendments of 1972 as amended by the Clean Water Act of 1977. * * * * *
TABLE IA.ÐLIST OF APPROVED BIOLOGICAL METHODS
1 Standard meth- Parameter and units Method EPA ods, 18th Ed. ASTM USGS
Bacteria: 1. Coliform (fecal), Most Probable Number (MPN), 5 tube ...... p. 132 3 9221C E 4 ...... number per 100 3 dilution, or Membrane filter (MF) 2, single step .. p. 124 3 9222D 4 B±0050±85 5 mL. 2. Coliform (fecal) in MPN, 5 tube, 3 dilution, or ...... p. 132 3 9221C E 4 ...... presence of chlo- MF, single step 6 ...... p. 124 3 9222D 4 rine, number per 100 mL. 3. Coliform (total), MPN, 5 tube, 3 dilution, or ...... p. 114 3 9221B 4 ...... number per 100 MF 2 single step or two step ...... p. 108 3 9222B 4 B±0025±85 5 mL. 4. Coliform (total), in MPN, 5 tube, 3 dilution, or ...... p. 114 3 9221B 4 ...... presence of chlo- MF 2 with enrichment ...... p. 111 3 9222(B+B.5c) 4 rine, number per 100 mL. 5. Fecal MPN, 5 tube, 3 dilution ...... p. 139 3 9230B 4 ...... streptococci, num- MF 2, or ...... p. 136 3 9230C 4 B±0055±85 5 ber per 100 mL. Plate count ...... p. 143 3 Aquatic Toxicity: 6. Toxicity, acute, Daphnia, Ceriodaphnia, Fathead Minnow, Rain- Sec. 9 7 ...... fresh water orga- bow Trout, Brook Trout, or Bannerfish Shiner nisms, LC50, per- mortality. cent effluent. 7. Toxicity, acute, Mysid, Sheepshead Minnow, or Menidia spp. Sec. 9 7 ...... estuarine and ma- mortality. rine organisms, LC50, percent ef- fluent. 8. Toxicity, chronic, Fathead minnow larval survival and growth ...... 1000.0 8 ...... fresh water orga- Fathead minnow embryo-larval survival and 1001.0 8 nisms, NOEC or teratogenicity. IC25, percent ef- Ceriodaphnia survival and reproduction ...... 1002.0 8 fluent. Selenastrum growth ...... 1003.0 8 9. Toxicity, chronic, Sheepshead minnow larval survival and growth .. 1004.0 9 ...... estuarine and ma- Sheepshead minnow embryo-larval survival and 1005.0 9 rine organisms, teratogenicity. NOEC or IC25, Menidia beryllina larval and growth ...... 1006.0 9 percent effluent. Mysidopsis bahia survival, growth, and fecundity . 1007.0 9 Arbacia punctulata fertilization ...... 1008.0 9 Champia parvula reproduction ...... 1009.0 9 Notes to Table IA: 1 The method must be specified when results are reported. 2 A 0.45 um membrane filter (MF) or other pore size certified by the manufacturer to fully retain organisms to be cultivated and to be free of extractables which could interfere with their growth. 3 USEPA. 1978. Microbiological Methods for Monitoring the Environment, Water, and Wastes. Environmental Monitoring and Support Labora- tory, U.S. Environmental Protection Agency, Cincinnati, Ohio. EPA/600/8±78/017. 4 APHA. 1992. Standard Methods for the Examination of Water and Wastewater. American Public Health Association. 18th Edition. Amer. Publ. Hlth. Assoc., Washington, DC. 5 USGS. 1989. U.S. Geological Survey Techniques of Water-Resources Investigations, Book 5, Laboratory Analysis, Chapter A4, Methods for Collection and Analysis of Aquatic Biological and Microbiological Samples, U.S. Geological Survey, U.S. Department of Interior, Reston, Virginia. 6 Because the MF technique usually yields low and variable recovery from chlorinated wastewaters, the Most Probable Number method will be required to resolve any controversies. 7 USEPA. 1993. Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms. Fourth Edition. Environmental Monitoring Systems Laboratory, U.S. Environmental Protection Agency, Cincinnati, Ohio. August 1993, EPA/600/4±90/027F. 8 USEPA. 1994. Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms. Third Edition. Environmental Monitoring Systems Laboratory, U.S. Environmental Protection Agency USEPA. 1994, Cincinnati, Ohio (July 1994, EPA/ 600/4±91/002). 9 Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms. Second Edi- tion. Environmental Monitoring Systems Laboratory, U.S. Environmental Protection Agency, Cincinnati, Ohio (July 1994, EPA/600/4±91/003). These methods do not apply to marine waters of the Pacific Ocean.
3. Section 136.3(b) is amended by by adding references (34), (38), and (39) § 136.3 Identification of test procedures. revising references (2), (6), and (11) and to read as follows: * * * * * Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations 53543
(b) * * * Collection and Analysis of Aquatic Edition. July 1994. Environmental Biological and Microbiological Samples, Monitoring Systems Laboratory, U.S. References, Sources, Costs, and Table U.S. Geological Survey, U.S. Environmental Protection Agency, Citations Department of the Interior, Reston, Cincinnati, Ohio. (EPA/600/4–91/002). * * * * * Virginia. Available from: USGS Books Available from: National Technical (2) USEPA. 1978. Microbiological and Open-File Reports Section, Federal Information Service, 5285 Port Royal Methods for Monitoring the Center, Box 25425, Denver, Colorado Road, Springfield, Virginia 22161, Publ. Environment, Water, and Wastes. 80225. Cost: $18.00. Table IA, Note 5. No. PB–92–139492. Cost: $31.00. Table Environmental Monitoring and Support * * * * * IA, Note 8. Laboratory, U.S. Environmental Protection Agency, Cincinnati, Ohio. (34) USEPA. 1993. Methods for (39) USEPA. 1994. Short-term EPA/600/8–78/017. Available from: Measuring the Acute Toxicity of Methods for Estimating the Chronic National Technical Information Service, Effluents to Freshwater and Marine Toxicity of Effluents and Receiving 5285 Port Royal Road, Springfield, Organisms. Fourth Edition, December Waters to Marine and Estuarine Virginia 22161, Publ. No. PB–290329/ 1993. Environmental Monitoring Organisms. Second Edition, July 1994. AS. Cost: $36.95. Table IA, Note 3. Systems Laboratory, U.S. Environmental Environmental Monitoring Systems Protection Agency, Cincinnati, Ohio * * * * * Laboratory, U.S. Environmental (6) American Public Health (EPA/600/4–90/027F). Available from: Protection Agency, Cincinnati, Ohio. Association. 1992. Standard Methods National Technical Information Service, EPA/600/4–91/003. Available from: for the Examination of Water and 5285 Port Royal Road, Springfield, National Technical Information Service, Wastewater. 18th Edition. Amer. Publ. Virginia 22161, Publ. No. PB–91– 5285 Port Royal Road, Springfield, Hlth. Assoc., 1015 15th Street NW, 167650. Cost: $31.00. Table IA, Note 17. Virginia 22161, Publ. No. PB–92– Washington, DC 20005. Cost: $160.00. See changes in the manual, listed in Part 139484. Cost: $45.00. Table IA, Note 9. Table IA, Note 4. V of this rule. 4. In § 136.3(e), Table II is amended * * * * * * * * * * by revising the entry for ‘‘Table IA- (11) USGS. 1989. U.S. Geological (38) USEPA. 1994. Short-term Bacteria Tests:’’ and adding an entry for Survey Techniques of Water-Resources Methods for Estimating the Chronic ‘‘Table IA-Aquatic Toxicity Tests:’’ and Investigations, Book 5, Laboratory Toxicity of Effluents and Receiving by revising footnote 1 and adding Analysis, Chapter A4, Methods for Waters to Freshwater Organisms. Third footnote 16 to read as follows:
TABLE II. REQUIRED CONTAINERS, PRESERVATION TECHNIQUES, AND HOLDING TIMES
Maximum Parameter No./name Container 1 Preservation 2,3 holding time 4
Table IAÐBacteria Tests: 5 1±4 Coliform, fecal and total ...... P,G Cool, 4C, 0.008% Na2S2O3 ...... 6 hours. 5 5 Fecal streptococci ...... P,G Cool, 4C, 0.008% Na2S2O3 ...... 6 hours. Table IAÐAquatic Toxicity Tests: 6±10 Toxicity, acute and chronic ...... P,G Cool, 4C 16 ...... 6 hours.
******* 1 Polyethylene (P) or glass (G). For microbiology, plastic sample containers must be made of sterilizable materials (polypropylene or other autoclavable plastic). 2 Sample preservation should be performed immediately upon sample collection. For composite chemical samples, each aliquot should be pre- served at the time of collection. When use of an automatic sampler makes it impossible to preserve each aliquot, then chemical samples may be preserved by maintaining at 4C until compositing and sample splitting is completed. 3 When any sample is to be shipped by common carrier or sent through the United States Mails, it must comply with the Department of Trans- portation Hazardous Materials Regulations (49 CFR Part 172). The person offering such material for transportation is responsible for ensuring such compliance. For the preservation requirements of Table II, the Office of Hazardous Materials, Transportation Bureau, Department of Trans- portation, has determined that the Hazardous Materials Regulations do not apply to the following materials: Hydrochloric Acid (HCl) in water solu- tions at concentrations of 0.04% by weight or less (pH about 1.96 or greater); Nitric Acid (HNO3) in water solutions of 0.15% by weight or less (pH about 1.62 or greater); Sulfuric Acid (H2SO4) in water solutions of 0.35% or less (pH about 1.15 or greater); and Sodium Hydroxide (NaOH) in water solutions at concentrations of 0.080% by weight or less (pH about 12.30 or less). 4 Samples should be analyzed as soon as possible after collection. The times listed in the table are the maximum times that samples may be held before analyses and still be considered valid. Samples used for toxicity tests are to be used for test initiation or for renewal of test solutions within 36 h of collection as grab samples, or within 36 hours of the collection of the last sample of the composite. Samples for bacteria or chemi- cal analysis may be held for longer periods than specified in this table only if the permittee or monitoring laboratory has data on file to show that the specific types of samples under study, the analytes are stable for the longer time, and has received a variance from the Regional Adminis- trator under Para. 136.3(e). Some samples may not be stable for the maximum time period given in the table. A permittee or monitoring labora- tory is obligated to hold the samples for a shorter time if knowledge exists to show that this is necessary to maintain sample stability. See Para. 136.3(e) for details. The term ``analyze immediately'' usually means within 15 minutes or less of sample collection. 5 Should only be used in the presence of residual chlorine. ******* 16 Sufficient ice should be placed with the samples in the shipping container to ensure that ice is still present when the samples arrive at the laboratory. However, even if ice is present when the samples arrive, it is necessary to immediately measure the temperature of the samples and confirm that the 4C temperature maximum has not been exceeded. In the isolated cases where it can be documented that this holding tempera- ture can not be met, the permittee can be given the option of on-site testing or can request a variance. The request for a variance should include supportive data which show that the toxicity of the effluent samples is not reduced because of the increased holding temperature. 53544 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Rules and Regulations
[FR Doc. 95–25348 Filed 10–13–95; 8:45 am] believed that the reporting requirements Affected carriers shall file by March BILLING CODE 6560±50±P were overly burdensome. The cable 31 of each year the report for the fourth industry and representatives of the calendar quarter. The report shall be states believed that the reporting filed on a study area basis. FEDERAL COMMUNICATIONS requirements should be expanded to FCC Report 43–09B provides a fourth COMMISSION include additional data. In response to quarter report of video dialtone the comments of the parties, the Bureau investment, expense, and revenue 47 CFR Parts 32 and 36 revised its original proposal to eliminate disaggregated by regulated and certain data that it determined were not nonregulated classification and by [DA 95±2036] essential to meet the Commission jurisdictional categories. The reports objectives. Reporting Requirements on Video summarize the impact of video dialtone Dialtone Costs and Jurisdictional FCC Report 43–09A was adopted by on the interstate and intrastate Separations for Local Exchange the Common Carrier Bureau in the jurisdictions and local telephone rates. Carriers Offering Video Dialtone Memorandum Opinion and Order The report line items generally follow Services released September 29, 1995 to establish those provided in existing FCC Report reporting requirements on video 43–01, ARMIS Quarterly Report, with AGENCY: Federal Communications dialtone costs for local exchange carriers minor exceptions. The report columns Commission. offering video dialtone service. The identify data for each line item by total ACTION: Final rule. report is prescribed for every local costs and revenues, dedicated video exchange carrier that has obtained dialtone costs and revenues, shared SUMMARY: On September 29, 1995, the Section 214 authorization from the costs and revenues, video dialtone’s Bureau issued a Memorandum Opinion Commission to provide video dialtone portion of shared costs and revenues, and Order (MO&O) that adopted reports trials or commercial services. total video dialtone costs and revenues, for local exchange carriers offering Affected carriers shall file by June 30, video dialtone’s percentage of total costs video dialtone service. The reports will September 30, and December 31 of each and revenues, nonregulated and enable the Commission, State regulatory year the report for the previous quarter. nonregulated video dialtone costs and agencies, local exchange carriers The initial report will be filed on the revenues, and video dialtone costs and (‘‘LEC’’), and other interested parties to last day of the calendar quarter after the revenues subject to separations and analyze LECs’ video dialtone end of the calendar quarter in which a those allocated to the intrastate and investment, revenue, and costs. carrier received Section 214 interstate jurisdictions. These reporting Specifically, the data will allow the authorization. The report shall be filed requirements have been approved by Commission to monitor the on a study area basis. OMB under OMB control number 3060– 0680. implementation of video dialtone FCC Report 43–09A provides a Complete text of the Memorandum service, to assist the Commission in quarterly report of wholly dedicated and Opinion and Order is available for ensuring that local telephone service shared video dialtone investment, inspection and copying in the ratepayers do not absorb any of the costs expense, and revenue captured in a Accounting and Audits Division public of a LEC’s video dialtone operations, to carrier’s subsidiary accounting records. reference room, 2000 L Street NW., track the impact of video dialtone on The report line items generally follow Suite 812, Washington DC. jurisdictional separations and local those provided in existing FCC Report Copies are also available from telephone rates, and to aid the 43–01, ARMIS Quarterly Report, with International Transcription Service, Commission in its tariff review process. minor exceptions. The report columns Inc., at 2100 M Street NW., Suite 140, EFFECTIVE DATE: September 29, 1995. identify data for each line item by Washington, DC 20037, or call (202) FOR FURTHER INFORMATION CONTACT: dedicated video dialtone costs and 857–3800. Timothy Peterson, Common Carrier revenues, shared costs and revenues, Bureau, Accounting and Audits and video dialtone’s portion of shared List of Subjects Division, (202) 418–0810. costs and revenues. 47 CFR Part 32 SUPPLEMENTARY INFORMATION: In the FCC Report 43–09B was adopted by MO&O the Bureau addressed the issues the Common Carrier Bureau to establish Uniform System of Accounts. raised by the parties in response to its reporting requirements on video 47 CFR Part 36 June 23, 1995, Order Inviting Comments dialtone costs and jurisdictional that solicited comment on the proposed separations for local exchange carriers Jurisdictional separations procedures, content and format of the video dialtone offering video dialtone service. The Telephone. reporting requirements. report is prescribed for every local William F. Caton, Comments were filed by local exchange carrier that has obtained Acting Secretary, Federal Communications exchange carriers, the cable industry Section 214 authorization from the Commission. and representatives of the states. Commission to provide video dialtone [FR Doc. 95–25571 Filed 10–13–95; 8:45 am] Generally, the local exchange carriers trials or commercial services. BILLING CODE 6712±01±M 53545
Proposed Rules Federal Register Vol. 60, No. 199
Monday, October 16, 1995
This section of the FEDERAL REGISTER the President’s Pay Agent (consisting of Salary Council, and these surveys contains notices to the public of the proposed the Secretary of Labor, the Director of showed that the pay disparity in each of issuance of rules and regulations. The the Office of Management and Budget these areas was greater than in the ‘‘Rest purpose of these notices is to give interested (OMB), and the Director of the Office of of U.S.’’ locality pay area. These 3 new persons an opportunity to participate in the Personnel Management (OPM)) to locality pay areas would be in addition rule making prior to the adoption of the final rules. provide for such pay localities as the to the 27 locality pay areas established Pay Agent considers appropriate. In so for the 1995 and 1996 locality doing, the Pay Agent must give payments. OFFICE OF PERSONNEL thorough consideration to the views and At the direction of the President’s Pay MANAGEMENT recommendations of the Federal Salary Agent, BLS also conducted local salary Council, a body composed of experts in surveys in 1994–95 in the Phoenix- 5 CFR Part 531 the fields of labor relations and pay and Mesa, AZ, and Tampa-St. Petersburg- RIN 3206±AG88 representatives of Federal employee Clearwater, FL, metropolitan areas. organizations. Members of the Federal These surveys showed the pay Pay Under the General Schedule; Salary Council are appointed by the disparities in these areas to be below the Locality Pay Areas for 1997 President and meet regularly to consider pay disparity for the ‘‘Rest of U.S.’’ issues related to the locality pay system locality pay area. In accordance with the AGENCY: Office of Personnel for General Schedule employees. criteria previously established by the Management. In late 1994, the President’s Pay Agent Federal Salary Council, these areas are ACTION: Proposed rule with request for adopted the recommendations of the not being proposed as separate locality comments. Federal Salary Council concerning pay areas and will continue to be part locality pay areas for 1995 in their of the ‘‘Rest of U.S.’’ locality pay area SUMMARY: The Office of Personnel entirety. These recommendations because the pay disparity in each area Management is issuing proposed resulted in the establishment of a total is 2⁄10ths of a percentage point or more regulations to remove three of 27 locality pay areas consisting of 26 below the pay disparity for the ‘‘Rest of metropolitan areas from the ‘‘Rest of areas corresponding to Metropolitan U.S.’’ locality pay area. The information U.S.’’ locality pay area and establish Statistical Areas (MSA’s) or used to make this determination is a three new locality pay areas in January Consolidated Metropolitan Statistical part of the public record and is available 1997 corresponding to these Areas (CMSA’s), including certain from OPM. metropolitan areas. The three ‘‘areas of application’’ contiguous to 2 metropolitan areas affected by this The Pay Agent’s decision regarding CMSA’s, plus 1 area composed of the locality pay areas for 1997 must be proposed regulation are the following: ‘‘Rest of U.S.’’ (See 59 FR 67605, (1) Milwaukee-Racine, WI; (2) made no later than November 30, 1995. December 30, 1994, and 5 CFR Therefore, OPM has established a 30- Minneapolis-St. Paul, MN–WI; and (3) 531.603(b).) Pittsburgh, PA. These proposed changes day public comment period on these Starting with the January 1996 proposed regulations. After the public are based on a recommendation of the locality payments, 5 U.S.C. 5304(d)(1) Federal Salary Council. The purpose of comment period, the Pay Agent will requires the Pay Agent to make consider the comments received from this notice is to solicit public comments recommendations to the President no on the boundaries of locality pay areas Federal employees, agencies, employee later than 13 months before the start of organizations, and other interested recommended by the Federal Salary the calendar year for which the locality Council before the President’s Pay parties before making its determination payments are paid. Therefore, the on the establishment of pay localities. Agent makes a final determination on locality pay areas established by the Pay this matter. The Pay Agent also will consider any Agent for the 1995 locality payments are additional views and recommendations DATES: Comments must be received on also applicable to the locality payments expressed directly to the Pay Agent by or before November 15, 1995. authorized for 1996. any member of the Federal Salary ADDRESSES: Comments may be sent or At its meeting on September 28, 1995, Council or by employee organizations delivered to Donald J. Winstead, the Federal Salary Council not represented on the Council. The Assistant Director for Compensation recommended the removal of three final regulations issued by OPM will Policy, Human Resources Systems metropolitan areas from the ‘‘Rest of reflect the Pay Agent’s final Service, Office of Personnel U.S.’’ locality pay area and the determination on this matter. Management, Room 6H31, 1900 E Street establishment of three new locality pay NW., Washington, DC 20415 (FAX: areas corresponding to these E.O. 12866, Regulatory Review (202) 606–0824). metropolitan areas in January 1997. The This rule has been reviewed by the FOR FURTHER INFORMATION CONTACT: MSA’s and CMSA’s affected by this Office of Management and Budget in Jeanne D. Jacobson, (202) 606–2858 or recommendation are the following: (1) accordance with E.O. 12866. FAX: (202) 606–0824. Milwaukee-Racine, WI; (2) Minneapolis- Regulatory Flexibility Act SUPPLEMENTARY INFORMATION: Section St. Paul, MN–WI; and (3) Pittsburgh, 5304(a)(1) of title 5, United States Code, PA. The Bureau of Labor Statistics (BLS) I certify that these regulations would provides that locality payments shall be conducted additional local salary not have a significant economic impact payable within each locality determined surveys in 1994–95 in these areas at the on a substantial number or small to have a pay disparity greater than 5 direction of the Pay Agent following an entities because they would apply only percent. Section 5304(f)(1) authorizes earlier recommendation of the Federal to Federal agency and employees. 53546 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
List of Subjects in 5 CFR Part 531 (9) Denver-Boulder-Greeley, CO— not located within another locality pay Govenment employees, Law consisting of the Denver-Boulder- area. enforcement officers, Wages. Greeley, CO CMSA; [FR Doc. 95–25583 Filed 10–13–95; 8:45 am] (10) Detroit-Ann Arbor-Flint, MI— BILLING CODE 6325±01±M Office of Personnel Management. consisting of the Detroit-Ann Arbor- James B. King, Flint, MI CMSA; Director. (11) Houston-Galveston-Brazoria, Accordingly, OPM is proposing to TX—consisting of the Houston- FEDERAL RESERVE SYSTEM amend part 531 of title 5, Code of Galveston-Brazoria, TX CMSA; 12 CFR Chapter II Federal Regulations, as follows: (12) Huntsville, AL—consisting of the Huntsville, AL MSA; [Docket No. R±0898] PART 531ÐPAY UNDER THE (13) Indianapolis, IN—consisting of GENERAL SCHEDULE the Indianapolis, IN MSA; Section 303 Regulatory Review 1. The authority citation of part 531 (14) Kansas City, MO–KS—consisting Timetable continues to read as follows: of the Kansas City, MO–KS MSA; AGENCY: Board of Governors of the (15) Los Angeles-Reverside-Orange Authority: 5 U.S.C. 5115, 5307, and 5558; Federal Reserve System. sec. 4 of Pub. L. 103–89, 107 Stat. 981; and County, CA—consisting of the Los ACTION: Schedule for review of E.O. 12748, 56 FR 4521, February 4, 1991, 3 Angeles-Riverside-Orange County, CA CFR, 1991 Comp., p. 316; CMSA, plus Santa Barbara County, CA, regulations. Subaprt A also issued under 5 U.S.C. 5304, and that portion of Edwards Air Force SUMMARY: The Board of Governors of the 5305, and 5553; section 302 of the Federal Base, CA, not located within the Los Federal Reserve System (the Board) is Employees Pay Comparability Act of 1990 Angeles-Riverside-Orange County, CA (FEPCA), Pub. L. 101–509, 104 Stat. 1462; publishing a schedule for review of its CMSA; major regulations, policy statements, and E.O. 12786, 56 FR 67453, December 30, (16) Miami-Fort Lauderdale, FL— 1991, 3 CFR, 1919 Comp., p. 376; and other regulatory guidance pursuant Subpart B also issued under 5 U.S.C. consisting of the Miami-Fort to the requirements of section 303 of the 5303(g) 5333, 5334(a), and 7701(b)(2); Lauderdale, FL CMSA; Riegle Community Development and Subaprt C also issued under 5 U.S.C. 5304, (17) Milwaukee-Racine, WI— Regulatory Improvement Act of 1994 5305, and 5553; sections 302 and 404 of consisting of the Milwaukee-Racine, WI (Section 303). The timetable should FEPCA, Pub. L. 101–509, 104 Stat. 1462 and CMSA; enable interested parties to comment 1466; and section 3(7) of Pub. L. 102–378, (18) Minneapolis-St. Paul, MN–WI— meaningfully at various points in the 106 Stat. 1356; consisting of the Minneapolis-St. Paul, Subpart D also issued under 5 U.S.C. review process, including providing 5335(g) and 7701(b)(2); MN–WI MSA; suggestions for the development of Subpart E also issued under 5 U.S.C. 5336; (19) New York-Northern New Jersey- regulatory proposals for comment. Any Subpart F also issued under 5 U.S.C. 5304, Long Island, NY–NJ–CT–PA—consisting comments received will be considered 5305(g)(1), and 5553; and E.O. 12883, 58 FR of the New York-Northern New Jersey- during the course of the individual 63281, November 29, 1993, 3 CFR, 1993 Long Island, NY–NJ–CT–PA CMSA; reviews listed below. Several major Comp., p. 682 (20) Philadelphia-Wilmington- regulatory reviews are currently Atlantic City, PA–NJ–DE–MD— pending before the Board, and these also Subpart FÐLocality-Based consisting of the Philadelphia- Comparability Payments are set forth in the notice. The Board has Wilmington-Atlantic City, PA–NJ–DE– already undertaken various measures 2. In § 531.603, paragraph (b) is MD CMSA; since the passage of Section 303 to revised to read as follows: (21) Pittsburgh, PA—consisting of the fulfill its mandate to streamline and Pittsburgh, PA MSA; improve the Board’s regulations and § 531.603 Locality pay areas. (22) Portland-Salem, OR–WA— policies, as well as to work jointly with * * * * * consisting of the Portland-Salem, OR– the other Federal banking agencies to (b) The following are locality pay WA CMSA; make uniform regulations and areas for the purpose of this subpart; (23) Richmond-Petersburg, VA— guidelines implementing common (1) Atlanta, GA—consisting of the consisting of the Richmond-Petersburg, statutory and supervisory policies. Atlanta, GA MSA; VA MSA; DATES: Comments may be submitted (2) Boston-Worcester-Lawrence, MA– (24) Sacramento-Yolo, CA—consisting until further notice. NH–ME–CT—consisting of the Boston- of the Sacramento-Yolo, CA CMSA; Worcester-Lawrence, MA–NH–ME–CT ADDRESSES: Comments should refer to (25) St. Louis, MO–IL—consisting of CMSA; Docket No. R–0898, and may be mailed (3) Chicago-Gary-Kenosha, IL–IN– the St. Louis, MO–IL MSA; to William W. Wiles, Secretary, Board of WI—consisting of the Chicago-Gary- (26) San Diego, CA—consisting of the Governors of the Federal Reserve Kenosha, IL–IN–WI CMSA; San Diego, CA MSA; System, 20th and C Streets, N.W., (4) Cincinnati-Hamilton, OH–KY– (27) San Francisco-Oakland-San Jose, Washington, D.C. 20551. Comments also IN—consisting of the Cincinnati- CA—consisting of the San Francisco- may be delivered to Room B–2222 of the Hamilton, OH–KY–IN CMSA; Oakland-San Jose, CA CMSA; Eccles Building between 8:45 a.m. and (5) Cleveland-Akron, OH—consisting (28) Seattle-Tacoma-Bremerton, WA— 5:15 p.m. weekdays, or to the guard of the Cleveland-Akron, OH CMSA; consisting of the Seattle-Tacoma- station in the Eccles Building courtyard (6) Columbus, OH—consisting of the Bremerton, WA CMSA; on 20th Street, N.W. (between Columbus, OH MSA; (29) Washington-Baltimore, DC–MD– Constitution Avenue and C Street) at (7) Dallas-Fort Worth, TX—consisting VA–WV—consisting of the Washington- any time. Comments received will be of the Dallas-Fort Worth, TX CMSA; Baltimore, DC–MD–VA–WV CMSA, available for inspection in Room MP– (8) Dayton-Springfield, OH— plus St. Mary’s County, MD; and 500 of the Martin Building between 9:00 consisting of the Dayton-Springfield, (30) Rest of U.S.—consisting of those a.m. and 5:00 p.m. weekdays, except as OH MSA; portions of the continental United States provided in 12 CFR 261.8 of the Board’s Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53547 rules regarding the availability of duplicative requirements. The second which will further these efforts, information. aspect requires that the Board work including a recent proposal to expand FOR FURTHER INFORMATION CONTACT: jointly with the other banking agencies the general consent authority under Thomas A. Durkin, Regulatory Planning to render uniform regulations and Regulation K regarding certain foreign and Review Director, Office of the guidelines implementing common investments by U.S. banking Secretary (202/452–3236); Stephen M. statutory and supervisory policies. organizations. The Board views section Lovette, Manager, Policy Finally, the Board and the other banking 303 as an opportunity to continue these Implementation Section, Division of agencies must report to the Congress, by efforts on a comprehensive internal and Banking Supervision and Regulation September 23, 1996, on the progress interagency basis. they have made under Section 303. (202/452–3622); Jane Ahrens, Senior In connection with section 303, the Attorney, Division of Consumer and The Board has placed a high priority on, and will devote considerable Board contemplates a comprehensive Community Affairs (202/452–3667); or review of all of its regulations and Michael J. O’Rourke, Senior Attorney, resources to, fulfillment of section 303’s mandate. To that end, the Board has written policies, including policy Legal Division (202/452–3288); for the statements, Board interpretations, hearing impaired only, contact Dorothea assembled a staff team for each of its regulations and guidelines for purposes miscellaneous materials in the Federal Thompson, Telecommunications Device Reserve Regulatory Service (F.R.R.S.), for the Deaf (TDD) (202/452–3544), of its internal reviews for streamlining and efficiency purposes, and those Supervisory (SR) Letters, and the like. Board of Governors of the Federal For example, Board staff will review Reserve System, 20th Street and teams have commenced their reviews. In that regard, major reviews of several well over 500 SR Letters, a substantial Constitution Avenue, NW., Washington, number of which can be eliminated as DC 20551. Board regulations are already in process. These include, among others, obsolete and the remainder streamlined, SUPPLEMENTARY INFORMATION: Regulation T (securities credit); updated and combined. For some of these items, such as the Board’s Background Regulation E (electronic funds transfers); Regulation M (consumer regulations and policy statements, the Section 303(a)(1) of the Riegle leasing); and Regulation K, Subpart A Board intends to seek public comment Community Development and (investments by foreign banking during the course of their individual Regulatory Improvement Act of 1994 organizations in U.S. subsidiaries). reviews. To this end, the Board is requires that each Federal banking In addition, the Board proposes to publishing below a schedule of the agency shall, consistent with the undertake comprehensive reviews of major regulatory reviews over the next principles of safety and soundness, several additional major regulations several years. All of the Board’s statutory law and policy, and the public within the next two years. These regulations, policy statements and other interest: include: Regulation H (membership in regulatory guidance will be reviewed, (1) Conduct a review of the regulations and the Federal Reserve System); Regulation and additional individual items will be written policies of that agency to— K, generally (international banking put out for public comment. (A) Streamline and modify those operations); and Regulation Y (bank It is hoped that, by providing this regulations and policies in order to improve holding companies and change in bank schedule, commenters will have the efficiency, reduce unnecessary costs, and control). Other reviews of general ability to address significant regulatory eliminate unwarranted constraints on credit interest are listed on the schedule of availability; issues in an orderly and focused Board regulatory reviews appearing (B) Remove inconsistencies and outmoded fashion, including providing below. and duplicative requirements; and suggestions regarding regulatory (C) With respect to regulations prescribed The Board has already taken several steps to ease regulatory burden on the proposals for comment. For individual pursuant to section 18(o) of the Federal items on which the Board may Deposit Insurance Act [real estate lending banking industry and the public since standards], consider the impact that such the inception of Section 303. In that determine not to seek public comment, standards have on the availability of credit regard, the Board has: such as reviews of administrative SR for small business, residential, and Letters or informal staff interpretations, (1) Simplified and expedited procedures agricultural purposes, and on low- and the Board proposes to conduct an under Regulation Y for applications and moderate-income communities; internal assessment to identify guidance notices; (2) Work jointly with the other Federal (2) Eased anti-tying restrictions to allow that may be inconsistent with, or banking agencies to make uniform all beneficial discount arrangements for bank rendered obsolete by, the Board’s regulations and guidelines implementing products; current policies, and update or delete common statutory or supervisory policies; (3) Eliminated an entire class of non- them as appropriate. Information about and control determinations under section 2(g)(3) any and all Board 303 reviews may be (3) Submit a joint report to the Congress at of the Bank Holding Company Act; the end of such 2-year period [September 23, obtained from the Board staff members (4) Eased branching interpretations listed in this notice. 1996] detailing the progress of the agencies regarding loan production offices; and in carrying out [these provisions]. (5) Revised the Community Reinvestment Interested parties have already 12 U.S.C. 4803(a)(1) Act regulations to emphasize performance, submitted some comments to the Board There are several aspects to section promote consistency in evaluations, and regarding its regulations, interpretations 303’s regulatory review mandate. The eliminate unnecessary burden. and procedures under the impetus of first comprises an internal review of the In all, the Board has undertaken over Section 303, and the Board will Board’s own regulations and written 20 separate measures since the passage carefully consider these comments in policies for purposes of streamlining, of section 303 to reduce burden and the course of the appropriate individual improving efficiency, reducing simplify its regulations, written policies, reviews. The Board continues to unnecessary costs, and removing and procedures. In addition, the Board welcome comments prompted by inconsistencies and outmoded/ has several proposals out for comment Section 303. 53548 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
FEDERAL RESERVE BOARD TENTATIVE SCHEDULE OF SELECTED REGULATORY REVIEWS UNDER SECTION 303
Regulation/policy statement/ Description Target review other regulatory guidance dates 1
Reg. E, 12 CFR Part 205 ... Electronic Fund Transfers (stored value cards, home banking, etc.) ...... 2nd Half 1995. Reg. H, 12 CFR 208.23 ...... Loans in Areas Having Special Flood Hazards ...... 2nd Half 1995. Reg. K, 12 CFR 211.5, International Banking Operations: Representative Office Rules; General Consent Authority; 2nd Half 1995. 211.22, 211.l. Management of Shell Branches; Subpart B Interstate/Bank Merger Rules. Reg. U, 12 CFR Part 221 ... Credit by Banks for the Purpose of Purchasing or Carrying Margin Stock ...... 2nd Half 1995. Reg. D, 12 CFR Part 204 ... Reserve Requirements of Depository Institutions ...... 1st Half 1996. Reg. G, 12 CFR Part 207 ... Securities Credit by Persons Other Than Banks, Brokers, or Dealers ...... 1st Half 1996. Reg. O, 12 CFR Part 215 ... Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks ...... 1st Half 1996. Reg. R, 12 CFR Part 218 ... Relationships with Dealers in Securities Under Section 32 of the Banking Act of 1933 ...... 1st Half 1996. 4 F.R.R.S. 9±1000 ...... Payments System Risk Policy ...... 1st Half 1996. Reg. L, 12 CFR Part 212 ... Management Official Interlocks ...... 1st Half 1996. Reg. AA, 12 CFR Part 227 . Unfair or Deceptive Acts or Practices ...... 1st Half 1996. Reg. Y, 12 CFR Part 225, Bank Holding Companies and Change in Bank Control ...... 1st Half 1996. All Provisions. Reg. X, 12 CFR Part 224 ... Borrowers of Securities Credit ...... 1st Half 1996. Reg. CC, 12 CFR Part 229 Availability of Funds and Collection of Checks ...... 1st Half 1996. SR Letters (126) ...... SR Letters on Securities Activities and SR Letters That Are Potentially Obsolete ...... 1st Half 1996. Reg. H, 12 CFR Part 208, Membership of State Banking Institutions in the Federal Reserve System ...... 2nd Half 1996. All Provisions. Reg. H, Reg. Y, Appen- Capital Adequacy Guidelines ...... 2nd Half 1996. dices. Reg. K, 12 CFR Part 211, International Banking Operations (Overall Comprehensive Review) ...... 2nd Half 1996. All Provisions. Reg. B, 12 CFR Part 202 ... Equal Credit Opportunity ...... 2nd Half 1996. Reg. C, 12 CFR Part 203 ... Home Mortgage Disclosure ...... 2nd Half 1996. SR Letters (117) ...... SR Letters on Foreign Supervision, Foreign and Domestic Applications Processing, Enforce- 2nd Half 1996. ment Activities, Trust Activities, Real Estate Lending Standards, Appraisal Standards, and Accounting Issues. Reg. Z, 12 CFR Part 226 ... Truth in Lending ...... 1st Half 1997. SR Letters (62) ...... SR Letters on Supervisory Examinations and Prompt Corrective Action ...... 1st Half 1997. Reg. DD, 12 CFR Part 230 Truth in Savings ...... 2nd Half 1998. 1 Target Review Dates: Generally, target range to seek public comment. A review of the Board's SR Letters is currently in process and the tar- get ranges for SR Letters reflect those times by which staff expects to complete the reviews.
By order of the Board of Governors of the removing, and replacing certain England Executive Park, Burlington, Federal Reserve System, October 10, 1995. defective power turbine rotors. This MA. William W. Wiles, proposal is prompted by reports of FOR FURTHER INFORMATION CONTACT: Secretary of the Board. workmanship deficiencies on certain Dave Keenan, Aerospace Engineer, [FR Doc. 95–25403 Filed 10–13–95; 8:45 am] power turbine rotors that can reduce the Engine Certification Office, FAA, Engine BILLING CODE 6210±01±P published life limit of the disk. The and Propeller Directorate, 12 New actions specified by the proposed AD England Executive Park, Burlington, MA are intended to prevent power turbine 01803–5299; telephone (617) 238–7139, DEPARTMENT OF TRANSPORTATION rotor failure, which could result in loss fax (617) 238–7199. of engine power. SUPPLEMENTARY INFORMATION: Federal Aviation Administration DATES: Comments must be received by November 15, 1995. Comments Invited 14 CFR Part 39 ADDRESSES: Submit comments in Interested persons are invited to [Docket No. 95±ANE±16] triplicate to the Federal Aviation participate in the making of the Administration (FAA), New England proposed rule by submitting such Airworthiness Directives; AlliedSignal, Region, Office of the Assistant Chief written data, views, or arguments as Inc. (Formerly Textron Lycoming) Counsel, Attention: Rules Docket No. they may desire. Communications LTS101 Series Turboshaft and LTP101 95–ANE–16, 12 New England Executive should identify the Rules Docket Series Turboprop Engines Park, Burlington, MA 01803–5299. number and be submitted in triplicate to AGENCY: Federal Aviation Comments may be inspected at this the address specified above. All Administration, DOT. location between 8 a.m. and 4:30 p.m., communications received on or before ACTION: Notice of proposed rulemaking Monday through Friday, except Federal the closing date for comments, specified (NPRM). holidays. above, will be considered before taking The service information referenced in action on the proposed rule. The SUMMARY: This document proposes the the proposed rule may be obtained from proposals contained in this notice may adoption of a new airworthiness AlliedSignal Engines, 550 Main St., be changed in light of the comments directive (AD) that is applicable to Stratford, CT 06497; telephone (203) received. AlliedSignal, Inc. (formerly Textron 385–1135, fax (203) 385–1272. This Comments are specifically invited on Lycoming) LTS101 series turboshaft and information may be examined at the the overall regulatory, economic, LTP101 series turboprop engines. This FAA, New England Region, Office of the environmental, and energy aspects of proposal would require identifying, Assistant Chief Counsel, 12 New the proposed rule. All comments Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53549 submitted will be available, both before There are approximately 645 engines § 39.13 [Amended] and after the closing date for comments, of the affected design in the worldwide 2. Section 39.13 is amended by in the Rules Docket for examination by fleet. The FAA estimates that 430 adding the following new airworthiness interested persons. A report engines installed on aircraft of .S. directive: summarizing each FAA-public contact registry would be affected by this AlliedSignal, Inc.: Docket No. 95–ANE–16. concerned with the substance of this proposed AD, that it would take Applicability: AlliedSignal, Inc. (formerly proposal will be filed in the Rules approximately 25 work hours per engine Textron Lycoming) LTS101 series turboshaft Docket. to accomplish the proposed actions, and engines installed on, but not limited to, the Commenters wishing the FAA to that the average labor rate is $60 per Eurocopter AS350 and SA366G1, acknowledge receipt of their comments work hour. The manufacturer has Messerschmitt-Bolkow-Blohm/Kawasaki submitted in response to this notice advised the FAA that all required MBB–BK117 and the Bell Helicopter Textron 222 aircraft, and LTP101 series turboprop must submit a self-addressed, stamped hardware will be provided at no cost to postcard on which the following engines,installed on but not limited to, the the operators. Based on these figures, Piaggio P166DL and Airtractor AT302 statement is made: ‘‘Comments to the total cost impact of the proposed AD aircraft. Docket Number 95–ANE–16.’’ The on U.S. operators is estimated to be Note: This airworthiness directive (AD) postcard will be date stamped and $645,000. applies to each engine identified in the returned to the commenter. The regulations proposed herein preceding applicability provision, regardless Availability of NPRMs of whether it has been modified, altered, or would not have substantial direct effects repaired in the area subject to the Any person may obtain a copy of this on the States, on the relationship requirements of this AD. For engines that NPRM by submitting a request to the between the national government and have been modified, altered, or repaired so FAA, New England Region, Office of the the States, or on the distribution of that the performance of the requirements of Assistant Chief Counsel, Attention: power and responsibilities among the this AD is affected, the owner/operator must use the authority provided in paragraph (c) Rules Docket No. 95–ANE–16, 12 New various levels of government. Therefore, in accordance with Executive Order to request approval from the Federal Aviation England Executive Park, Burlington, MA Administration (FAA). This approval may 01803–5299. 12612, it is determined that this address either no action, if the current proposal would not have sufficient configuration eliminates the unsafe Discussion federalism implications to warrant the condition, or different actions necessary to The Federal Aviation Administration preparation of a Federalism Assessment. address the unsafe condition described in (FAA) has received reports that certain For the reasons discussed above, I this AD. Such a request should include an power turbine rotors installed on assessment of the effect of the changed certify that this proposed regulation (1) configuration on the unsafe condition AlliedSignal, Inc. (formerly Textron is not a ‘‘significant regulatory action’’ addressed by this AD. In no case does the Lycoming) LTS101 series turboshaft and under Executive Order 12866; (2) is not presence of any modification, alteration, or LTP101 series turboprop engines may a ‘‘significant rule’’ under the DOT repair remove any engine from the have workmanship deficiencies. These Regulatory Policies and Procedures (44 applicability of this AD. deficiencies may have resulted in tool FR 11034, February 26, 1979); and (3) if Compliance: Required as indicated, unless markings and removal of material from promulgated, will not have a significant accomplished previously. unapproved areas on rotor assembly economic impact, positive or negative, To prevent power turbine rotor failure, disk surfaces. These deficiencies can on a substantial number of small entities which could result in loss of engine power, accomplish the following: reduce the life limit of the disk to below under the criteria of the Regulatory the published life limit. This condition, (a) For all LTS101 series turboshaft engines Flexibility Act. A copy of the draft except the LTS101–750B2 model, and all if not corrected, could result in power regulatory evaluation prepared for this LTP101 series turboprop engines, remove turbine rotor failure, which could result action is contained in the Rules Docket. and replace power turbine rotors identified in loss of engine power. A copy of it may be obtained by in Table 1 of Textron Lycoming Service The FAA has reviewed and approved contacting the Rules Docket at the Bulletin (SB) No. LT101–72–50–0144, dated the technical contents of Textron location provided under the caption January 15, 1993, in accordance with the accomplishment procedures in Textron Lycoming Service Bulletin (SB) No. ADDRESSES. LT101–72–50–0144, applicable to all Lycoming SB No. LT101–72–50–0144, dated List of Subjects in 14 CFR Part 39 January 15, 1993, and the following schedule: LTS101 series turboshaft engines except (1) For power turbine rotors with more the LTS101–750B2 model, and all Air transportation, Aircraft, Aviation than 1,000 hours time since new (TSN) on LTP101 series turboprop engines, dated safety, Safety. the effective date of this AD, remove and January 15, 1993; and SB No. LT101– replace within the next 50 hours time in 72–50–0145, applicable to Model The Proposed Amendment service (TIS), not to exceed 1,800 cycles since LTS101–750B2 turboshaft engines, new (CSN). dated November 27, 1991. These SB’s Accordingly, pursuant to the (2) For power turbine rotors with 1,000 describe procedures for identifying, authority delegated to me by the hours TSN or less, but more than 800 hours Administrator, the Federal Aviation TSN on the effective date of this AD, remove removing, and replacing defective and replace within the next 100 hours TIS, power turbine rotors. Administration proposes to amend part not to exceed 1,800 CSN. Since an unsafe condition has been 39 of the Federal Aviation Regulations (3) For power turbine rotors with 800 hours identified that is likely to exist or (14 CFR part 39) as follows: TSN or less, but more than 400 hours TSN develop on other products of this same on the effective date of this AD, remove and type design, the proposed AD would PART 39ÐAIRWORTHINESS replace within the next 150 hours TIS, not to require identifying, removing, and DIRECTIVES exceed 1,800 CSN. replacing certain defective power (4) For power turbine rotors with 400 hours TSN or less on the effective date of this AD, turbine rotors. The actions would be 1. The authority citation for part 39 continues to read as follows: remove and replace no later than 600 hours required to be accomplished in TSN, not to exceed 1,800 CSN. accordance with the SB’s described Authority: 49 U.S.C. 106(g), 40101, 40113, (b) For all LTS101–750B2 model engines, previously. 44701. remove and replace power turbine rotors, in 53550 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules accordance with the accomplishment subject to the thrust level limitations, proposal will be filed in the Rules procedures of Textron Lycoming SB No. and the need to clarify the AD Docket. LT101–72–50–0145 dated November 27, requirements by deleting references to Commenters wishing the FAA to 1991, within the next 100 hours TIS after the specific AFM’s. The actions specified by acknowledge receipt of their comments effective date of this AD, or 800 hours TSN submitted in response to this notice on the power turbine rotor, whichever occurs the proposed AD are intended to first. prevent a fan blade failure that can must submit a self-addressed, stamped (c) An alternative method of compliance or result in complete loss of engine power. postcard on which the following adjustment of the compliance time that DATES: Comments must be received by statement is made: ‘‘Comments to provides an acceptable level of safety may be December 15, 1995. Docket Number 95–ANE–47.’’ The used if approved by the Manager, Engine ADDRESSES: Submit comments in postcard will be date stamped and Certification Office. The request should be returned to the commenter. forwarded through an appropriate FAA triplicate to the Federal Aviation Principal Maintenance Inspector, who may Administration (FAA), New England Availability of NPRMs Region, Office of the Assistant Chief add comments and then send it to the Any person may obtain a copy of this Counsel, Attention: Rules Docket No. Manager, Engine Certification Office. NPRM by submitting a request to the 95–ANE–47, 12 New England Executive Note: Information concerning the existence FAA, New England Region, Office of the Park, Burlington, MA 01803–5299. of approved alternative methods of Assistant Chief Counsel, Attention: Comments may be inspected at this compliance with this airworthiness directive, Rules Docket No. 95–ANE–47, 12 New if any, may be obtained from the Engine location between 8 a.m. and 4:30 p.m., England Executive Park, Burlington, MA Certification Office. Monday through Friday, except Federal 01803–5299. (d) Special flight permits may be issued in holidays. accordance with sections 21.197 and 21.199 The service information referenced in Discussion of the Federal Aviation Regulations (14 CFR the proposed rule may be obtained from 21.197 and 21.199) to operate the aircraft to On December 1, 1989, the Federal Boeing Commercial Airplanes, Aviation Administration (FAA) issued a location where the requirements of this AD Publications Department, P.O. Box can be accomplished. airworthiness directive (AD) 89–13–51, 3707, Seattle, WA 98124–2207; and Amendment 39–6425 (55 FR 1401, Issued in Burlington, Massachusetts, on CFM International, Technical October 2, 1995. January 16, 1990), to require that all Publications Department, 1 Neumann CFM International CFM56–3C–1 and Jay J. Pardee, Way, Cincinnati, OH 45215. This Manager, Engine and Propeller Directorate, certain CFM56–3B–2 model turbofan information may be examined at the engines have their fan blade and fan Aircraft Certification Service. FAA, New England Region, Office of the [FR Doc. 95–25564 Filed 10–13–95; 8:45 am] disk hardware removed from service Assistant Chief Counsel, 12 New prior to further flight and replaced with BILLING CODE 4910±13±U England Executive Park, Burlington, serviceable hardware. That AD also MA. requires that all aircraft with CFM56– FOR FURTHER INFORMATION CONTACT: 14 CFR Part 39 3C–1 model turbofan engines must be Robert Ganley, Aerospace Engineer, modified to operate at or below CFM56– [Docket No. 95±ANE±47] Engine Certification Office, FAA, Engine 3B–2 thrust levels if using auto-throttle. and Propeller Directorate, 12 New In addition, that AD provides for the use Airworthiness Directives; CFM England Executive Park, Burlington, MA of CFM56–3C–1 thrust levels within a International Model CFM56±3C±1 and 01803–5299; telephone (617) 238–7138, limited operating envelope and with CFM56±3B±2 Turbofan Engines fax (617) 238–7199. certain operational restrictions. That Installed on Boeing 737±400 Aircraft SUPPLEMENTARY INFORMATION: action was prompted by several fan AGENCY: Federal Aviation blade high cycle fatigue failures, and Comments Invited Administration, DOT. one occurrence of fan disk cracking in ACTION: Notice of proposed rulemaking Interested persons are invited to the dovetail post area while operating at (NPRM). participate in the making of the CFM56–3C–1 thrust levels. That proposed rule by submitting such condition, if not corrected, could result SUMMARY: This notice proposes the written data, views, or arguments as in a fan blade failure that can result in supersedure of an existing airworthiness they may desire. Communications complete loss of engine power. directive (AD), applicable to all CFM should identify the Rules Docket Since the issuance of that AD, the International (CFMI) CFM56–3C–1 and number and be submitted in triplicate to FAA has determined that two additional certain CFM56–3B–2 engines, that the address specified above. All fan blades, Part Numbers (P/N) currently requires the removal from communications received on or before 9527M99P10 and 9527M99P11, have service of certain fan disk and fan blade the closing date for comments, specified the same design configuration as the fan hardware, and limits the use of CFM56– above, will be considered before taking blades restricted in the current AD and 3C–1 thrust levels. This action would action on the proposed rule. The therefore also require thrust level require removal of additional fan blade proposals contained in this notice may limitations. hardware, require an Airplane Flight be changed in light of the comments In addition, since the issuance of AD Manual (AFM) revision to impose thrust received. 89–13–51 a new fan blade design has level limitations for airplanes equipped Comments are specifically invited on been introduced that has reduced with affected engines, and require the the overall regulatory, economic, vibratory stress levels. This new fan installation of redesigned fan blades as environmental, and energy aspects of blade design and current fan disks in a terminating action to the thrust level the proposed rule. All comments which these blades are installed would limitations of this AD. The current AD submitted will be available, both before not be subject to the thrust level requirements for certain CFM56–3B–2 and after the closing date for comments, limitations of the current AD. The new engines are unchanged and carried over in the Rules Docket for examination by fan blades will only be required on into the proposed AD. This proposal is interested persons. A report CFM56–3C–1 model turbofan engines. prompted by the availability of summarizing each FAA-public contact Installation of redesigned fan blades redesigned fan blades that are not concerned with the substance of this prior to June 30, 1996, would constitute Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53551 a terminating action to the required various levels of government. Therefore, configuration eliminates the unsafe thrust level limitations. The in accordance with Executive Order condition, or different actions necessary to manufacturer has informed the FAA 12612, it is determined that this address the unsafe condition described in that at least 97% of the CFM56–3C–1 this AD. Such a request should include an proposal would not have sufficient assessment of the effect of the changed model turbofan engines have already federalism implications to warrant the configuration on the unsafe condition incorporated the new fan blade design. preparation of a Federalism Assessment. addressed by this AD. In no case does the The June 30, 1996, date would allow For the reasons discussed above, I presence of any modification, alteration, or any engines that are in the process of certify that this proposed regulation (1) repair remove any engine from the incorporating the new fan blade design is not a ‘‘significant regulatory action’’ applicability of this AD. time to comply. under Executive Order 12866; (2) is not Compliance: Required as indicated, unless Finally, this proposal deletes a ‘‘significant rule’’ under the DOT accomplished previously. references to specific Airplane Flight Regulatory Policies and Procedures (44 To prevent fan blade failure that may result Manuals (AFM’s), states the required FR 11034, February 26, 1979); and (3) if in complete loss of power, accomplish the CFM56–3C–1 operational restrictions in following: promulgated, will not have a significant (a) For CFM56–3C–1 model turbofan an Appendix to the AD, and requires economic impact, positive or negative, engines: that these restrictions be added to on a substantial number of small entities (1) Prior to further flight, remove from certain Boeing 737–400 AFM’s. This under the criteria of the Regulatory service stage 1 fan disk Part Number (P/N) change is being made to clarify the AD Flexibility Act. A copy of the draft 335–014–511–0 that have operated at requirements since the AFM references regulatory evaluation prepared for this unrestricted CFM56–3C–1 thrust levels with in the current AD may be interpreted to action is contained in the Rules Docket. fan blade P/N’s 9527M99P08, 9527M99P09, only apply to a limited number of A copy of it may be obtained by 9527M99P10, 9527M99P11, or 1285M39P01 and replace with a serviceable fan disk. airplanes. The requirements of this AD contacting the Rules Docket at the have been reviewed by the Transport (2) Prior to further flight, remove from location provided under the caption service stage 1 fan blade P/N’s 9527M99P08, Airplane Directorate. ADDRESSES. 9527M99P09, 9527M99P10, 9527M99P11, The FAA has reviewed and approved List of Subjects in 14 CFR Part 39 and 1285M39P01 that have operated at the technical contents of Boeing Service unrestricted CFM56–3C–1 thrust levels and Bulletin (SB) No. 737–71–1203, Air transportation, Aircraft, Aviation replace with a serviceable fan blade. Revision 10, dated July 21, 1994, that safety, Safety. (b) For CFM56–3C–1 model turbofan describes procedures for airplane engines equipped with fan blade P/N’s modifications that limit engine thrust at The Proposed Amendment 9527M99P08, 9527M99P09, 9527M99P10, or below CFM56–3B–2 levels when Accordingly, pursuant to the 9527M99P11, or 1285M39P01: using auto-throttle; and CFM authority delegated to me by the (1) Prior to further flight, for aircraft that International CFM56–3/–3B/–3C SB No. Administrator, the Federal Aviation have not already complied with any of the revision levels 3 through 10 of Boeing 72–543, Revision 4, dated July 29, 1992, Administration proposes to amend part Service Bulletin (SB) No. 737–71–1203, that provides instructions for 39 of the Federal Aviation Regulations incorporate the provisions of Boeing SB No. installation of redesigned fan blades that (14 CFR part 39) as follows: 737–71–1203, Revision 10, dated July 21, have reduced vibratory stress levels. 1994, as described in item III titled, Since an unsafe condition has been PART 39ÐAIRWORTHINESS ‘‘Accomplishment Instructions’’, part V, identified that is likely to exist or DIRECTIVES ‘‘Airplane Wiring Modification for Operation develop on other products of this same at 22,000 Pounds Thrust Levels with two 1. The authority citation for part 39 CFM56–3C–1 Engines Installed.’’ type design, the proposed AD would continues to read as follows: supersede AD 89–13–51 to require (2) Prior to further flight, revise the engine limitations section of the Boeing 737–400 removal of additional fan blade Authority: 49 U.S.C. 106(g), 40101, 40113, 44701. series Airplane Flight Manuals (AFM) by hardware, require an AFM revision to adding the operational restrictions contained impose thrust level limitations for § 39.13 [Amended] in Appendix I. This may be accomplished by airplanes equipped with affected 2. Section 39.13 is amended by inserting a copy of Appendix I of this AD in engines, and require the installation of removing Amendment 39–6425 (55 FR the AFM. redesigned fan blades as a terminating (3) Operate engines at or below CFM56– 1401, January 16, 1990) and by adding 3B–2 thrust levels, or in accordance with the action to the thrust level limitations of the following new airworthiness this AD. The current AD requirements limitations contained in Appendix I of this directive (AD): AD. for certain CFM56–3B–2 engines are unchanged and carried over into the CFM International: Docket No. 95–ANE–47. Appendix I Supersedes AD 89–13–51, Amendment proposed AD. 39–6425. Operational Restrictions Referenced in There are approximately 289 CFMI Paragraphs (b)(2) and (b)(3) CFM56–3C–1 and CFM56–3B–2 series Applicability: CFM International (CFMI) CFM56–3B–2 and CFM56–3C–1 model engines of the affected design in the (a) Use of fan speed (N1) values for take- turbofan engines installed on but not limited off and maximum continuous thrust levels at worldwide fleet. The FAA has been to Boeing 737–400 series aircraft. CFM56–3C–1 (23.5K) thrust levels are advised by the manufacturer that there Note: This airworthiness directive (AD) restricted. are no engines on U.S. registered aircraft applies to each engine identified in the (b) The following limitations must be that would be affected by this AD. preceding applicability provision, regardless observed for all CFM56–3C–1 (23.5K) Therefore, there is no associated cost of whether it has been modified, altered, or operations: impact on U.S. operators as a result of repaired in the area subject to the (1) Airport pressure altitude must be 2,500 this AD. requirements of this AD. For engines that feet or less for take-off. The regulations proposed herein have been modified, altered, or repaired so (2) The auto-throttle must be OFF and the would not have substantial direct effects that the performance of the requirements of thrust must be set manually for take-off. this AD is affected, the owner/operator must (3) Both power management controls on the States, on the relationship use the authority provided in paragraph (g) (PMC’s) must be operative for airplane between the national government and to request approval from the Federal Aviation dispatch. the States, or on the distribution of Administration (FAA). This approval may (4) Maximum take-off thrust for CFM56– power and responsibilities among the address either no action, if the current 3C–1 (23.5K) rating must not be used above 53552 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
5,000 feet pressure altitude, or the 5 minute add comments and then send it to the Fokker Aircraft USA, Inc., 1199 North time limit, whichever occurs first. Manager, Engine Certification Office. Fairfax Street, Alexandria, Virginia (5) Maximum continuous or maximum Note: Information concerning the existence 22314. This information may be climb thrust for CFM56–3C–1 (23.5K) rating of approved alternative methods of examined at the FAA, Transport must not be used above 10,000 feet pressure compliance with this airworthiness directive, Airplane Directorate, 1601 Lind Avenue altitude. if any, may be obtained from the Engine (6) LANDING. Certification Office. SW., Renton, Washington. (i) For landing at destination airport or for (h) Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: Tim less than maximum landing weight the accordance with sections 21.197 and 21.199 Dulin, Aerospace Engineer, CFM56–3B–2 (22K) go-around rating should of the Federal Aviation Regulations (14 CFR Standardization Branch, ANM–113, be used. 21.197 and 21.199) to operate the aircraft to FAA, Transport Airplane Directorate, (ii) Go-around at CFM56–3C–1 (23.5K) a location where the requirements of this AD 1601 Lind Avenue, SW., Renton, rating should be used when returning to can be accomplished. departure airport or diverting in an Washington 98055–4056; telephone Issued in Burlington, Massachusetts, on emergency situation providing airport (206) 227–2141; fax (206) 227–1149. October 2, 1995. pressure altitude is 2,500 feet or less and the SUPPLEMENTARY INFORMATION: landing weight is greater than maximum Jay J. Pardee, landing weight. Manager, Engine and Propeller Directorate, Comments Invited Aircraft Certification Service. End of Appendix I Interested persons are invited to [FR Doc. 95–25568 Filed 10–13–95; 8:45 am] (c) For CFM56–3C–1 model turbofan participate in the making of the engines equipped with fan blade P/N’s BILLING CODE 4910±13±U proposed rule by submitting such 9527M99P08, 9527M99P09, 9527M99P10, written data, views, or arguments as 9527M99P11, or 1285M39P01, install fan they may desire. Communications shall blade P/N’s 1590M21P01, 1663M24P01, 14 CFR Part 39 1663M24P02, 1663M24P03, 7M99P08, identify the Rules Docket number and [Docket No. 95±NM±87±AD] 9527M99P09, 9527M99P10, 9527M99P11, or be submitted in triplicate to the address specified above. All communications 1285M39P01, 1663M24P04, or 1663M24P05 Airworthiness Directives; Fokker in accordance with CFMI CFM56–3/–3B/–3C received on or before the closing date SB No. 72–543, Revision 4, dated July 29, Model F28 Mark 1000, 2000, 3000, and for comments, specified above, will be 1992, prior to June 30, 1996. The installation 4000 Series Airplanes, and Model F28 considered before taking action on the of new fan blades in accordance with this Mark 0100 Series Airplanes proposed rule. The proposals contained paragraph constitutes terminating action to AGENCY: Federal Aviation in this notice may be changed in light the thrust level limitations required by of the comments received. paragraph (b) of this AD. Administration, DOT. (d) For CFM56–3B–2 model turbofan ACTION: Notice of proposed rulemaking Comments are specifically invited on engines, Serial Number (S/N) 725101, (NPRM). the overall regulatory, economic, 725102, 725103, 725104, 725105, 725107, environmental, and energy aspects of 725108, 725141, and 725142: SUMMARY: This document proposes the the proposed rule. All comments (1) Prior to further flight, remove from adoption of a new airworthiness submitted will be available, both before service stage 1 fan disk P/N 335–014–511–0 directive (AD) that is applicable to and after the closing date for comments, that have operated at unrestricted CFM56– certain Fokker Model F28 Mark 1000, in the Rules Docket for examination by 3C–1 thrust levels with fan blade P/N’s 2000, 3000, and 4000 series airplanes, interested persons. A report 9527M99P08, 9527M99P09, 9527M99P10, and Model F28 Mark 0100 series summarizing each FAA-public contact 9527M99P11, or 1285M39P01 and replace airplanes. This proposal would require concerned with the substance of this with a serviceable fan disk. repetitive pre-load adjustment of the (2) Prior to further flight, remove from proposal will be filed in the Rules service stage 1 fan blade P/N’s 9527M99P08, main landing gear (MLG) downlock- Docket. 9527M99P09, 9257M99P10, 9257M99P11, actuator. This proposal is prompted by Commenters wishing the FAA to and 1285M39P01 that have operated at reports that upon landing, the MLG had acknowledge receipt of their comments unrestricted CFM56–3C–1 thrust levels and collapsed, as a result of the lock toggle- submitted in response to this notice replace with a serviceable fan blade. links being pulled out of the over-center must submit a self-addressed, stamped Note: Ground running for maintenance position by the downlock-actuator due postcard on which the following purposes should be conducted in accordance to the relative movement of the upper statement is made: ‘‘Comments to with CFM56–3B–2 rating limitations. and lower side-stay members. The Docket Number 95–NM–87–AD.’’ The (e) Fan disk removal, fan blade removal, actions specified by the proposed AD postcard will be date stamped and and airplane wiring modifications done in are intended to prevent collapse of the returned to the commenter. accordance with AD 89–13–51 satisfies the MLG, which could adversely affect the corresponding requirements of paragraphs controllability of the airplane during Availability of NPRMs (a), (b), and (d) of this AD. landing. (f) For the purpose of this AD, unrestricted Any person may obtain a copy of this DATES: Comments must be received by CFM56–3C–1 thrust levels include operation NPRM by submitting a request to the at either of the following: November 27, 1995. FAA, Transport Airplane Directorate, (1) More than CFM56–3B–2 maximum ADDRESSES: Submit comments in ANM–103, Attention: Rules Docket No. take-off thrust above 5,000 feet pressure triplicate to the Federal Aviation 95–NM–87–AD, 1601 Lind Avenue, altitude. Administration (FAA), Transport SW., Renton, Washington 98055–4056. (2) More than CFM56–3B–2 maximum Airplane Directorate, ANM–103, Discussion continuous or maximum climb thrust above Attention: Rules Docket No. 95–NM– 10,000 feet pressure altitude. 87–AD, 1601 Lind Avenue SW., Renton, The Rijksluchtvaartdienst (RLD), (g) An alternative method of compliance or which is the airworthiness authority for adjustment of the compliance time that Washington 98055–4056. Comments provides an acceptable level of safety may be may be inspected at this location the Netherlands, recently notified the used if approved by the Manager, Engine between 9 a.m. and 3 p.m., Monday FAA that an unsafe condition may exist Certification Office. The request should be through Friday, except Federal holidays. on certain Fokker Model F28 Mark forwarded through an appropriate FAA The service information referenced in 1000, 2000, 3000, and 4000 series Principal Maintenance Inspector, who may the proposed rule may be obtained from airplanes and Model F28 Mark 0100 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53553 series airplanes. The RLD advises that it States, the proposed AD would require PART 39ÐAIRWORTHINESS has received a report indicating that, repetitive pre-load adjustments of the DIRECTIVES upon landing without any apparent MLG downlock-actuator. The actions system failures or component fractures, would be required to be accomplished 1. The authority citation for part 39 a Fokker Model F28 Mark 0100 series in accordance with the applicable continues to read as follows: airplane experienced the collapse of its service bulletin described previously. Authority: 49 U.S.C. 106(g), 40101, 40113, 44701. right-hand main landing gear (MLG). The FAA estimates that 162 airplanes Investigation revealed that, under of U.S. registry would be affected by this § 39.13 [Amended] extreme inward side-load conditions, proposed AD, that it would take relative movement of the upper and 2. Section 39.13 is amended by approximately 8 work hours per lower side-stay members occurs. This adding the following new airworthiness airplane to accomplish the proposed may cause the downlock-actuator to directive: actions, and that the average labor rate pull the lock toggle-link out of the over- Fokker: Docket 95–NM–87–AD. is $60 per work hour. Based on these center position, resulting in loss of the Applicability: Model F28 Mark 1000, 2000, downlock function. This condition figures, the total cost impact of the 3000, and 4000 series airplanes equipped could occur in certain situations that are proposed AD on U.S. operators is with Dowty Aerospace main landing gear beyond the design ultimate load landing estimated to be $77,760, or $480 per (MLG) downlock-actuators, part number (P/ conditions, such as touching down at airplane. N) 200497–004 or 200498–004 (on which The total cost impact figure discussed Dowty Service Bulletin 32–17 has not been large ‘‘crab’’ angles. These conditions, if accomplished); or P/N 200497–005 or not corrected, could result in the above is based on assumptions that no 200498–005 (on which Dowty Service collapse of the MLG upon landing, operator has yet accomplished any of Bulletin 32–17 has been accomplished); and which could adversely affect the the proposed requirements of this AD Model F28 Mark 0100 series airplanes controllability of the airplane during action, and that no operator would equipped with Dowty Aerospace MLG landing. accomplish those actions in the future if downlock-actuators, P/N 201218–005, -006, Fokker has issued Service Bulletins this AD were not adopted. -007, or -008; certificated in any category. SBF100–32–094, dated November 10, Note 1: This AD applies to each airplane The regulations proposed herein 1994, and Revision 1, dated March 15, identified in the preceding applicability would not have substantial direct effects 1995 (for Model F28 Mark 0100 series provision, regardless of whether it has been on the States, on the relationship airplanes), and F28/32–153 (for Model otherwise modified, altered, or repaired in F28 Mark 1000, 2000, 3000, and 4000 between the national government and the area subject to the requirements of this series airplanes), dated November 10, the States, or on the distribution of AD. For airplanes that have been modified, altered, or repaired so that the performance 1994, which describe procedures for power and responsibilities among the various levels of government. Therefore, of the requirements of this AD is affected, the pre-load adjustment of the MLG owner/operator must use the authority downlock-actuator. This adjustment in accordance with Executive Order 12612, it is determined that this provided in paragraph (b) of this AD to will effectively counter any pulling request approval from the FAA. This forces on the lock toggle-links and proposal would not have sufficient approval may address either no action, if the prevent collapse of the MLG due to the federalism implications to warrant the current configuration eliminates the unsafe lock-toggle links being pulled out of the preparation of a Federalism Assessment. condition; or different actions necessary to over-center position. The RLD classified For the reasons discussed above, I address the unsafe condition described in these service bulletins as mandatory and certify that this proposed regulation (1) this AD. Such a request should include an issued the Netherlands airworthiness assessment of the effect of the changed is not a ‘‘significant regulatory action’’ configuration on the unsafe condition directive BLA 94–163(A), dated under Executive Order 12866; (2) is not addressed by this AD. In no case does the December 12, 1994, in order to assure a ‘‘significant rule’’ under the DOT presence of any modification, alteration, or the continued airworthiness of these Regulatory Policies and Procedures (44 repair remove any airplane from the airplanes in the Netherlands. BLA 94– FR 11034, February 26, 1979); and (3) if applicability of this AD. 163(A) also mandates repetitive pre-load promulgated, will not have a significant Compliance: Required as indicated, unless adjustments of the MLG downlock- economic impact, positive or negative, accomplished previously. actuator. on a substantial number of small entities To prevent the collapse of the main This airplane model is manufactured under the criteria of the Regulatory landing gear (MLG), due to a lock toggle-link in the Netherlands and is type Flexibility Act. A copy of the draft being pulled out of its over-center position by certificated for operation in the United regulatory evaluation prepared for this the MLG downlock-actuator; accomplish the States under the provisions of section following: action is contained in the Rules Docket. (a) Within 8 months after the effective date 21.29 of the Federal Aviation A copy of it may be obtained by Regulations (14 CFR 21.29) and the of this AD, perform a pre-load adjustment of contacting the Rules Docket at the the MLG downlock-actuator, in accordance applicable bilateral airworthiness location provided under the caption with Fokker Service Bulletin SBF100–32– agreement. Pursuant to this bilateral ADDRESSES. 094, dated November 10, 1994, or Revision airworthiness agreement, the RLD has 1, dated March 15, 1995 (for Model F28 Mark kept the FAA informed of the situation List of Subjects in 14 CFR Part 39 0100 series airplanes); or Fokker Service described above. The FAA has Bulletin F28/32–153, dated November 10, examined the findings of the RLD, Air transportation, Aircraft, Aviation 1994 (for Model F28 Mark 1000, 2000, 3000, reviewed all available information, and safety, Safety. and 4000 series airplanes); as applicable. Repeat the adjustment thereafter at each determined that AD action is necessary The Proposed Amendment for products of these type designs that scheduled maintenance, installation, or Accordingly, pursuant to the replacement of the MLG downlock-actuator. are certificated for operation in the (b) An alternative method of compliance or United States. authority delegated to me by the adjustment of the compliance time that Since an unsafe condition has been Administrator, the Federal Aviation provides an acceptable level of safety may be identified that is likely to exist or Administration proposes to amend part used if approved by the Manager, develop on other airplanes of the same 39 of the Federal Aviation Regulations Standardization Branch, ANM–113, FAA, type design registered in the United (14 CFR part 39) as follows: Transport Airplane Directorate. Operators 53554 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules shall submit their requests through an 95–ANE–37, 12 New England Executive Rules Docket No. 95–ANE–37, 12 New appropriate FAA Principal Maintenance Park, Burlington, MA 01803–5299. England Executive Park, Burlington, MA Inspector, who may add comments and then Comments may be inspected at this 01803–5299. send it to the Manager, Standardization location between 8 a.m. and 4:30 p.m., Branch, ANM–113. Discussion Monday through Friday, except Federal Note 2: Information concerning the holidays. The Federal Aviation Administration existence of approved alternative methods of The service information referenced in (FAA) has received updated high compliance with this AD, if any, may be the proposed rule may be obtained from pressure turbine (HPT) and low pressure obtained from the Standardization Branch, turbine (LPT) life limited part data for ANM–113. Pratt & Whitney, Technical Publications Department, M/S 132–30, 400 Main Pratt & Whitney PW2000 series turbofan (c) Special flight permits may be issued in engines, derived from the accordance with sections 21.197 and 21.199 Street, East Hartford, CT 06108. This of the Federal Aviation Regulations (14 CFR information may be examined at the manufacturer’s review of turbine 21.197 and 21.199) to operate the airplane to FAA, New England Region, Office of the temperature data. The updated data and a location where the requirements of this AD Assistant Chief Counsel, 12 New resulting part life analysis indicate that can be accomplished. England Executive Park, Burlington, the service cyclic life limits must be Issued in Renton, Washington, on October MA. reduced for certain HPT and LPT hubs, disks, airseals, blade retaining plates, 10, 1995. FOR FURTHER INFORMATION CONTACT: John and airsealing ring supports. This Darrell M. Pederson, Fisher, Aerospace Engineer, Engine condition, if not corrected, could result Acting Manager, Transport Airplane Certification Office, FAA, Engine and in HPT or LPT failure, which may result Directorate, Aircraft Certification Service. Propeller Directorate, 12 New England in an uncontained engine failure and [FR Doc. 95–25604 Filed 10–13–95; 8:45 am] Executive Park, Burlington, MA 01803– possible damage to the aircraft. BILLING CODE 4910±13±U 5299; telephone (617) 238–7149, fax The FAA has reviewed and approved (617) 238–7199. the technical contents of Pratt & 14 CFR Part 39 SUPPLEMENTARY INFORMATION: Whitney PW2000 Engine Manual, Part Number (P/N) 1A6231, Sections 72–52– Comments Invited [Docket No. 95±ANE±37] 00, 72–53–00, and 05–10–00, which Interested persons are invited to lists the reduced service cyclic life Airworthiness Directives; Pratt & participate in the making of the limits for affected parts identified by P/ Whitney PW2000 Series Turbofan proposed rule by submitting such N, and describes procedures for optional Engines written data, views, or arguments as inspections for cracks or rework of they may desire. Communications certain HPT and LPT hardware in order AGENCY: Federal Aviation should identify the Rules Docket Administration, DOT. to retain the original, higher cyclic number and be submitted in triplicate to service life limit for these components; ACTION: Notice of proposed rulemaking the address specified above. All PW Service Bulletin (SB) No. 72–82, (NPRM). communications received on or before Revision 4, dated June 18, 1987, that the closing date for comments, specified SUMMARY: This document proposes the describes rework and reidentification of adoption of a new airworthiness above, will be considered before taking the 1st stage HPT blade retaining plates directive (AD) that is applicable to Pratt action on the proposed rule. The to extend part life from 5,000 total part & Whitney PW2000 series turbofan proposals contained in this notice may cycles (TPC) to 15,000 TPC; PW Alert engines. This proposal would require a be changed in light of the comments Service Bulletin (ASB) No. 72–228, Revision 4, dated November 9, 1988, reduction in the cyclic service life limit received. that describes inspections and rework of for hubs, disks, airseals, blade retaining Comments are specifically invited on the 2nd stage HPT blade retaining plates plates, and airsealing ring supports on the overall regulatory, economic, in order to attain their respective certain high pressure turbines (HPT) environmental, and energy aspects of published part lives; PW Alert SB No. and low pressure turbines (LPT), and the proposed rule. All comments 72–450, Revision 5, dated May 28, 1994, provide for optional inspections for submitted will be available, both before that describes inspections, rework, and cracks or rework of certain HPT and and after the closing date for comments, reidentification of the 2nd stage HPT LPT hardware in order to retain the in the Rules Docket for examination by hubs to extend part life from 6,000 TPC original, higher cyclic service life limit interested persons. A report to 15,000 TPC; PW SB No. 72–501, for these components. This proposal is summarizing each FAA-public contact dated September 30, 1993, that prompted in part by new temperature concerned with the substance of this describes inspections, rework, and data from engine testing, which were proposal will be filed in the Rules reidentification of the 2nd stage HPT used in recalculating stress levels, and Docket. Commenters wishing the FAA to blades and inspection and resulted in a change to the calculated acknowledge receipt of their comments reidentification of 2nd stage HPT hubs cyclic service life limit. The actions submitted in response to this notice to extend hub life from 7,500 TPC to specified by the proposed AD are must submit a self-addressed, stamped 15,000 TPC; PW ASB No. 72–220, intended to prevent HPT or LPT failure, postcard on which the following Revision 4, dated September 20, 1989, which may result in an uncontained statement is made: ‘‘Comments to that describes rework of the HPT engine failure and possible damage to Docket Number 95–ANE–37.’’ The lenticular seal to extend part life from the aircraft. postcard will be date stamped and 4,000 TPC to 15,000 TPC; and PW SB DATES: Comments must be received by returned to the commenter. No. 72–233, Revision 3, dated May 30, December 15, 1995. 1989, that describes rework and Availability of NPRMs ADDRESSES: Submit comments in identification of the HPT lenticular seal triplicate to the Federal Aviation Any person may obtain a copy of this to extend part life from 4,000 TPC to Administration (FAA), New England NPRM by submitting a request to the 15,000 TPC. Region, Office of the Assistant Chief FAA, New England Region, Office of the Since an unsafe condition has been Counsel, Attention: Rules Docket No. Assistant Chief Counsel, Attention: identified that is likely to exist or Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53555 develop on other engines of this same PART 39ÐAIRWORTHINESS Accomplishment Instructions of PW Alert type design, the proposed AD would DIRECTIVES Service Bulletin (ASB) No. 72–228, Revision require a reduction in the cyclic service 4, dated November 9, 1988, as follows: life limit for hubs, disks, airseals, blade 1. The authority citation for part 39 (1) Prior to exceeding 5,000 TPC, for continues to read as follows: retaining plates that have not been inspected retaining plates, and airsealing ring in accordance with the Accomplishment supports on certain HPT and LPT, and Authority: 49 U.S.C. 106(g), 40101, 40113, Instructions of the above ASB prior to 3,000 provide for optional inspections for 44701. TPC. cracks or rework of certain HPT and § 39.13 [Amended] (2) Prior to exceeding 8,000 TPC, for LPT hardware in order to retain the retaining plates that have been inspected in 2. Section 39.13 is amended by original, higher cyclic service life limit accordance with the Accomplishment adding the following new airworthiness for these components. Instructions of the above ASB prior to 3,000 directive: TPC. There are approximately 650 engines Pratt & Whitney: Docket No. 95–ANE–37. (e) Remove from service 2nd stage HPT of the affected design in the worldwide hubs, P/N’s 1A8302, 1B1002, 1B1202, and fleet. The FAA estimates that 600 Applicability: Pratt & Whitney Models 1B4902 prior to exceeding 6,000 TPC, and PW2037, PW2037(M), PW2040, PW2240, and engines installed on aircraft of U.S. replace with serviceable hubs. Hubs may PW2337 turbofan engines installed on but accumulate 15,000 TPC prior to removal from registry would be affected by this not limited to Boeing 757 series and Ilyushin proposed AD, and that no additional service if they are inspected at intervals that IL96 series aircraft. are not more than 6,000 TPC, in accordance labor costs would be incurred by the Note: This AD applies to each engine with the Accomplishment Instructions of PW fleet since inspection and replacement identified in the preceding applicability Alert SB No. 72–450, Revision 5, dated May intervals fall within the normal provision, regardless of whether it has been 28, 1994. overhaul periods. Therefore, the FAA modified, altered, or repaired in the area (f) Remove from service 2nd stage HPT has determined that there would be no subject to the requirements of this AD. For hubs, P/N 1B6602, prior to exceeding 7,500 additional cost impact on U.S. operators engines that have been modified, altered, or TPC, and replace with serviceable hubs. due to sufficient time to schedule shop repaired so that the performance of the Hubs may accumulate 15,000 TPC prior to requirements of this AD is affected, the visits. removal from service if hub assemblies are owner/operator must use the authority inspected prior to 7,500 TPC to verify scarf The regulations proposed herein provided in paragraph (o) to request approval cut blades are installed and to inspect the would not have substantial direct effects from the FAA. This approval may address blade platform rail fillet radii dimensions, in on the States, on the relationship either no action, if the current configuration accordance with the Accomplishment between the national government and eliminates the unsafe condition, or different Instructions of PW SB No. 72–501, dated the States, or on the distribution of actions necessary to address the unsafe September 30, 1993. Hub assemblies found power and responsibilities among the condition described in this AD. Such a with non-scarf cut blades must be request should include an assessment of the reinspected at intervals not to exceed 6,000 various levels of government. Therefore, effect of the changed configuration on the in accordance with Executive Order TPC since last inspection. Blades found with unsafe condition addressed by this AD. In no under minimum radii dimensions must be 12612, it is determined that this case does the presence of any modification, scrapped. proposal would not have sufficient alteration, or repair remove any engine from (g) Remove from service HPT lenticular federalism implications to warrant the the applicability of this AD. airseal, P/N 1A8209, prior to exceeding 4,000 preparation of a Federalism Assessment. Compliance: Required as indicated, unless TPC, and replace with serviceable airseals. For the reasons discussed above, I accomplished previously. Airseals may accumulate 15,000 TPC prior to certify that this proposed regulation (1) To prevent high pressure turbine (HPT) or removal from service if: low pressure turbine (LPT) failure, which (1) Inspected prior to exceeding 4,000 TPC, is not a ‘‘significant regulatory action’’ may result in an uncontained engine failure and thereafter inspected at intervals not to under Executive Order 12866; (2) is not and possible damage to the aircraft, exceed 250 cycles in service since last a ‘‘significant rule’’ under the DOT accomplish the following: inspection, in accordance with Compliance Regulatory Policies and Procedures (44 (a) Remove from service 1st stage HPT Paragraph E of the Accomplishment FR 11034, February 26, 1979); and (3) if disks, Part Number (P/N) 1A5301, prior to Instructions of PW ASB No. 72–220, Revision promulgated, will not have a significant exceeding 5,000 total part cycles (TPC), if 4, dated September 20, 1989; or economic impact, positive or negative, installed with blade retaining plate, P/N (2) The 2nd stage HPT case and vane on a substantial number of small entities 1A6998, and replace with serviceable parts. assembly is reworked (pre-trench) and under the criteria of the Regulatory If blade retaining plate, P/N 1A6998, has not reidentified prior to exceeding 4,000 TPC in been installed on disk, P/N 1A5301, the disk accordance with the Accomplishment Flexibility Act. A copy of the draft may accumulate 15,000 TPC prior to removal Instructions of PW SB No. 72–233, Revision regulatory evaluation prepared for this from service. 3, dated May 30, 1989. action is contained in the Rules Docket. (b) Remove from service 1st stage HPT (h) For PW2037, PW2037(M), and PW2337 A copy of it may be obtained by blade retaining plates, P/N 1A6998, prior to model engines, remove from service 4th stage contacting the Rules Docket at the exceeding 5,000 TPC, and replace with LPT disks, P/N’s 8A1024, 8A1534, and location provided under the caption serviceable parts. If rework is accomplished 8A2137 prior to exceeding 17,000 TPC, and ADDRESSES. prior to exceeding 5,000 TPC in accordance replace with serviceable disks. with the Accomplishment Instructions of PW (i) For PW2040 and PW2240 model List of Subjects in 14 CFR Part 39 Service Bulletin (SB) No. 72–82, Revision 4, engines, remove from service 4th stage LPT dated June 18, 1987, and reidentified as disks, P/N’s 8A1534 or 8A2137, prior to Air transportation, Aircraft, Aviation assembly P/N 1B2373, the blade retaining exceeding 15,000 TPC, and replace with safety, Safety. plate may accumulate 15,000 TPC prior to serviceable disks. removal from service. (j) Remove from service 3rd stage LPT The Proposed Amendment (c) Remove from service 2nd stage HPT airsealing ring supports, P/N 8A1783, and Accordingly, pursuant to the blade retaining plates, P/N 1B0450, prior to replace with serviceable parts, as follows: exceeding 7,000 TPC, and replace with (1) For PW2040 and PW2240 model authority delegated to me by the serviceable parts. engines, prior to exceeding 15,000 TPC. Administrator, the Federal Aviation (d) Remove from service 2nd stage HPT (2) For PW2037, PW2037(M), and PW2337 Administration proposes to amend part blade retaining plates, P/N 1B0945 (assembly model engines, prior to exceeding 17,000 39 of the Federal Aviation Regulations P/N 1B0947), and replace with serviceable TPC. Airsealing ring supports may (14 CFR part 39) as follows: parts, in accordance with the accumulate 20,000 TPC prior to removal from 53556 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules service if they were fluorescent penetrant 14 CFR Part 39 should identify the Rules Docket inspected in accordance with PW2000 number and be submitted in triplicate to Engine Manual, P/N 1A6231. [Docket No. 94±ANE±51] the address specified above. All (k) For PW2037, PW2037(M), and PW2337 Airworthiness Directives; Pratt & communications received on or before model engines, remove from service prior to the closing date for comments, specified exceeding 17,000 TPC, and replace with Whitney JT9D±7R4 Series Turbofan Engines above, will be considered before taking serviceable parts, as follows: action on the proposed rule. The (1) 4th stage LPT airseal, P/N’s 8A1014 and AGENCY: Federal Aviation proposals contained in this notice may 8A1805. Administration, DOT. be changed in light of the comments (2) 5th stage LPT airseal, P/N’s 8A1015 and ACTION: received. 8A1806. Notice of proposed rulemaking (NPRM). Comments are specifically invited on (3) 7th stage LPT airseal, P/N’s A8A1017, the overall regulatory, economic, A8A1808, 8A2097, and A8A2097. SUMMARY: This document proposes the environmental, and energy aspects of (l) Parts listed in paragraph (k) of this AD adoption of a new airworthiness the proposed rule. All comments may accumulate 20,000 TPC prior to removal directive (AD) that is applicable to Pratt from service if they were fluorescent submitted will be available, both before & Whitney (PW) JT9D–7R4 series penetrant inspected for cracks between and after the closing date for comments, 12,000 TPC and 17,000 TPC in accordance turbofan engines. This proposal would in the Rules Docket for examination by with Section 72–53–00 of PW2000 Engine require replacement of 3rd, 4th, and 5th interested persons. A report Manual, P/N 1A6231. stage low pressure turbine (LPT) vane summarizing each FAA-public contact (m) For PW2040 and PW2240 model retention bolts and nuts, and the concerned with the substance of this engines, remove from service prior to removal of the 5th stage vane proposal will be filed in the Rules exceeding 15,000 TPC, and replace with configuration which includes an electro- Docket. serviceable parts, as follows: discharge machined (EDM) slot and Commenters wishing the FAA to (1) 4th stage LPT airseal, P/N’s 8A1014 and replacement with a cast slot acknowledge receipt of their comments 8A1805. configuration. This proposal is submitted in response to this notice (2) 5th stage LPT airseal, P/N’s 8A1015 and prompted by reports of LPT failures that must submit a self-addressed, stamped 8A1806. resulted in uncontained engine failures. postcard on which the following (3) 7th stage LPT airseal, P/N’s A8A1017, The actions specified by the proposed statement is made: ‘‘Comments to A8A1808, 8A2097, and A8A2097. AD are intended to prevent LPT vane Docket Number 94–ANE–51.’’ The (n) Parts listed in paragraph (m) of this AD failures, which can result in postcard will be date stamped and may accumulate the following TPC prior to uncontained engine failure, fire, and returned to the commenter. removal from service if they were fluorescent possible damage to the aircraft. penetrant inspected for cracks between Availability of NPRMs DATES: Comments must be received by 10,000 TPC and 15,000 TPC in accordance Any person may obtain a copy of this with Section 72–53–00 of PW2000 Engine December 15, 1995. NPRM by submitting a request to the Manual, P/N 1A6231. ADDRESSES: Submit comments in (1) 4th stage LPT airseal, P/N’s 8A1014 and triplicate to the Federal Aviation FAA, New England Region, Office of the 8A1805, prior to exceeding 18,000 TPC. Administration (FAA), New England Assistant Chief Counsel, Attention: (2) 5th stage LPT airseal, P/N’s 8A1015 and Region, Office of the Assistant Chief Rules Docket No. 94–ANE–51, 12 New 8A1806, prior to exceeding 19,000 TPC. Counsel, Attention: Rules Docket No. England Executive Park, Burlington, MA (3) 7th stage LPT airseal, P/N’s A8A1017, 94–ANE–51, 12 New England Executive 01803–5299. A8A1808, 8A2097, and A8A2097, prior to Park, Burlington, MA 01803–5299. Discussion exceeding 20,000 TPC. Comments may be inspected at this The Federal Aviation Administration (o) An alternative method of compliance or location between 8:00 a.m. and 4:30 adjustment of the compliance time that (FAA) has received five reports of low provides an acceptable level of safety may be p.m., Monday through Friday, except pressure turbine (LPT) failures on Pratt used if approved by the Manager, Engine Federal holidays. & Whitney (PW) JT9D–7R4 series Certification Office. The request should be The service information referenced in turbofan engines, three of which forwarded through an appropriate FAA the proposed rule may be obtained from resulted in uncontained engine failures. Principal Maintenance Inspector, who may Pratt & Whitney, 400 Main St., East These LPT failures have been attributed add comments and then send it to the Hartford, CT 06108. This information to the following two root causes. The Manager, Engine Certification Office. may be examined at the FAA, New FAA’s investigation revealed that Note: Information concerning the existence England Region, Office of the Assistant certain 4th stage LPT vane retention of approved alternative methods of Chief Counsel, 12 New England bolts fractured due to the application of compliance with this airworthiness directive, Executive Park, Burlington, MA. uncured anti-gallant compound on vane if any, may be obtained from the Engine FOR FURTHER INFORMATION CONTACT: John retention bolts. Also, the investigation Certification Office. Fisher, Aerospace Engineer, Engine revealed that certain 5th stage vanes (p) Special flight permits may be issued in Certification Office, FAA, Engine and failed due to inclusion of an electro- accordance with sections 21.197 and 21.199 Propeller Directorate, 12 New England discharge machined (EDM) slot, which of the Federal Aviation Regulations (14 CFR Executive Park, Burlington, MA 01803– is prone to high stress concentrations in 21.197 and 21.199) to operate the aircraft to 5299; telephone (617) 238–7149, fax the outer platform slot. These a location where the requirements of this AD (617) 238–7199. can be accomplished. conditions, if not corrected, could result SUPPLEMENTARY INFORMATION: in LPT vane failures, which can result Issued in Burlington, Massachusetts, on in uncontained engine failure, fire, and October 3, 1995. Comments Invited possible damage to the aircraft. Jay J. Pardee, Interested persons are invited to The FAA has reviewed and approved Manager, Engine and Propeller Directorate, participate in the making of the the technical contents of PW Service Aircraft Certification Service. proposed rule by submitting such Bulletin (SB) No. JT9D–7R4–72–473, [FR Doc. 95–25565 Filed 10–13–95; 8:45 am] written data, views, or arguments as Revision 2, dated February 8, 1993, that BILLING CODE 4910±13±U they may desire. Communications describes procedures for identification Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53557 of EDM slot 5th stage LPT vanes and Flexibility Act. A copy of the draft of this AD, in accordance with PW Alert cast slot 5th stage LPT vanes; PW Alert regulatory evaluation prepared for this Service Bulletin (ASB) No. JT9D–7R4–72– Service Bulletin (ASB) No. JT9D–7R4– action is contained in the Rules Docket. 480, dated April 20, 1993. NOTE: Pratt & 72–480, dated April 20, 1993, that A copy of it may be obtained by Whitney SB No. JT9D–7R4–72–473, Revision describes procedures for replacement of contacting the Rules Docket at the 2, dated February 8, 1993, may be used to vane clusters that have machined slots location provided under the caption segregate EDM slot from cast pocket 5th stage in the front face of the outer platform; ADDRESSES. LPT vane clusters sharing the same P/N PW ASB No. JT9D–7R4–72–481, dated 787885 and 787885–001. April 20, 1993, that describes List of Subjects in 14 CFR Part 39 (b) For LPT modules that have been procedures for replacement of vane Air transportation, Aircraft, Aviation previously disassembled, perform either retention bolts and nuts; and PW SB No. safety, Safety. paragraph (b)(1) or (b)(2) of this AD at the next shop visit, but not later than 5,000 CIS JT9D–7R4–72–484, Revision 1, dated The Proposed Amendment October 9, 1993, that describes after the effective date of this AD. procedures for replacement or Accordingly, pursuant to the (1) Install new 3rd, 4th, and 5th stage LPT modification to the 3rd, 4th, and 5th authority delegated to me by the vane bolts and nuts, in accordance with PW stage LPT air sealing ring stop Administrator, the Federal Aviation ASB No. JT9D–7R4–72–481, dated April 20, assemblies and the turbine case heat Administration proposes to amend part 1993. Do not use uncured anti-gallant shield assemblies, and installation of 39 of the Federal Aviation Regulations compound on the bolts or nuts. new bolts. (14 CFR part 39) as follows: (2) Install new 3rd, 4th, and 5th stage LPT Since an unsafe condition has been vane bolts and nuts, and install heat shield identified that is likely to exist or PART 39ÐAIRWORTHINESS assemblies and air sealing ring stop develop on other products of this same DIRECTIVES assemblies in accordance with PW SB No. type design, the proposed AD would 1. The authority citation for part 39 JT9D–7R4 72–484, Revision 1, dated October 9, 1993. Do not use uncured anti-gallant require replacement of 3rd, 4th, and 5th continues to read as follows: stage LPT vane retention bolts and nuts compound on the bolts or nuts. and the removal of the 5th stage vane Authority: 49 U.S.C. 106(g), 40101, 40113, (c) For LPT modules that have never been 44701. configuration which includes an EDM disassembled, perform either paragraph (b)(1) slot, and replacement with a cast slot § 39.13 [Amended] or (b)(2) of this AD at the first LPT module disassembly. Do not use uncured anti-gallant configuration. In addition, the proposed 2. Section 39.13 is amended by compound on the bolts or nuts. AD would prohibit use of uncured anti- adding the following new airworthiness (d) For the purpose of this AD, a shop visit gallant compound on the bolts or nuts, directive: as uncured anti-gallant compound was is defined as the induction of an engine into Pratt & Whitney: Docket No. 94–ANE–51. a contributor to the unsafe condition. a maintenance facility for the purpose of The actions would be required to be Applicability: Pratt & Whitney (PW) JT9D– either: 7R4 series turbofan engines, installed on but (1) Separation of pairs of major mating accomplished in accordance with the not limited to Airbus A300 and A310 series, service bulletins described previously. engine flanges; or and Boeing 747 and 767 series aircraft NOTE: (2) The removal of an engine disk, hub, or The FAA estimates that 600 engines This AD applies to each engine identified in spool. installed on aircraft of U.S. registry the preceding applicability provision, would be affected by this proposed AD, regardless of whether it has been modified, (e) An alternative method of compliance or that it would take approximately 22 altered, or repaired in the area subject to the adjustment of the compliance time that work hours per engine to accomplish requirements of this AD. For engines that provides an acceptable level of safety may be the proposed actions, and that the have been modified, altered, or repaired so used if approved by the Manager, Engine average labor rate is $60 per work hour. that the performance of the requirements of Certification Office. The request should be Based on these figures, the total cost this AD is affected, the owner/operator must forwarded through an appropriate FAA use the authority provided in paragraph (e) Principal Maintenance Inspector, who may impact of the proposed AD on U.S. to request approval from the FAA. This operators is estimated to be $792,000. add comments and then send it to the approval may address either no action, if the Manager, Engine Certification Office. The regulations proposed herein current configuration eliminates the unsafe would not have substantial direct effects condition, or different actions necessary to Note: Information concerning the existence on the States, on the relationship address the unsafe condition described in of approved alternative methods of between the national government and this AD. Such a request should include an compliance with this airworthiness directive, the States, or on the distribution of assessment of the effect of the changed if any, may be obtained from the Engine power and responsibilities among the configuration on the unsafe condition Certification Office. various levels of government. Therefore, addressed by this AD. In no case does the (f) Special flight permits may be issued in in accordance with Executive Order presence of any modification, alteration, or accordance with sections 21.197 and 21.199 repair remove any engine from the of the Federal Aviation Regulations (14 CFR 12612, it is determined that this applicability of this AD. proposal would not have sufficient Compliance: Required as indicated, unless 21.197 and 21.199) to operate the aircraft to federalism implications to warrant the accomplished previously. a location where the requirements of this AD preparation of a Federalism Assessment. To prevent low pressure turbine (LPT) can be accomplished. For the reasons discussed above, I vane failures, which can result in Issued in Burlington, Massachusetts, on certify that this proposed regulation (1) uncontained engine failure, fire, and possible October 3, 1995. is not a ‘‘significant regulatory action’’ damage to the aircraft, accomplish the Jay J. Pardee, under Executive Order 12866; (2) is not following: a ‘‘significant rule’’ under the DOT (a) Remove electro-discharge machined Manager, Engine and Propeller Directorate, Regulatory Policies and Procedures (44 (EDM) slot 5th stage LPT vane cluster Aircraft Certification Service. segments, Part Numbers (P/N) 787885 or [FR Doc. 95–25566 Filed 10–13–95; 8:45 am] FR 11034, February 26, 1979); and (3) if 787885–001, and replace with the cast pocket promulgated, will not have a significant vane configuration, P/N 796985, 795175, BILLING CODE 4910±13±P economic impact, positive or negative, 796985–001, 808875, 811985, or 811985–001, on a substantial number of small entities at the next shop visit, but not later than 5,000 under the criteria of the Regulatory cycles in service (CIS) after the effective date 53558 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
14 CFR Part 39 Region, Office of the Assistant Chief action was prompted by reports of Counsel, 12 New England Executive numerous magneto failures. That [Docket No. 93±ANE±07] Park, Burlington, MA. condition, if not corrected, could result Airworthiness Directives; Teledyne FOR FURTHER INFORMATION CONTACT: Jerry in magneto failure and subsequent Continental Motors (formerly Bendix) Robinette, Aerospace Engineer, Atlanta engine failure. S±20, S±1200, D±2000, and D±3000 Certification Office, FAA, Small A proposal to amend part 39 of the Series Magnetos Airplane Directorate, Campus Building, Federal Aviation Regulations was 1701 Columbia Avenue, Suite 2–160, published as a notice of proposed AGENCY: Federal Aviation College Park, GA, 30337–2748; rulemaking (NPRM) in the Federal Administration, DOT. telephone (404) 305–7371, fax (404) Register on September 21, 1993 (58 FR ACTION: Supplemental notice of 305–7348. 48987). That NPRM would have proposed rulemaking; reopening of Interested persons are invited to retained the repetitive inspections for comment period. participate in the making of the wear required by the current AD, but proposed rule by submitting such would have also required replacement, SUMMARY: This notice revises an earlier written data, views, or arguments as if necessary, of the riveted impulse proposed airworthiness directive (AD), they may desire. Communications coupling assembly with newly applicable to Teledyne Continental should identify the Rules Docket designed, improved, snap ring impulse Motors (TCM) (formerly Bendix) S–20, number and be submitted in triplicate to coupling assemblies. In addition, the S–1200, D–2000, and D–3000 series the address specified above. All proposed AD would have required magnetos equipped with impulse communications received on or before marking the magneto data plate to couplings, that would have superseded the closing date for comments, specified indicate installation of a snap ring an AD that currently requires above, will be considered before taking impulse coupling assembly. Installation inspections for wear, and replacement, action on the proposed rule. The of snap ring impulse coupling if necessary, of the impulse coupling proposals contained in this notice may assemblies would have constituted assemblies. The proposed rule would be changed in light of the comments terminating action to the inspection have retained the repetitive inspections received. requirements of this AD. That NPRM for wear required by the current AD, but Comments are specifically invited on was prompted by the manufacturer would have also required replacement, the overall regulatory, economic, redesigning the impulse coupling if necessary, of riveted impulse coupling environmental, and energy aspects of assembly to include snap ring fastening assemblies with newly designed, the proposed rule. All comments technology which strengthens the cam improved, snap ring impulse coupling submitted will be available, both before axle and reduces wear. The snap ring assemblies. In addition, the proposed and after the closing date for comments, impulse coupling assembly was AD would have required marking the in the Rules Docket for examination by believed not to have the failure mode of magneto data plate to indicate interested persons. A report the previous design. summarizing each FAA-public contact installation of a snap ring impulse Since the issuance of that NPRM, the concerned with the substance of this coupling assembly. Installation of snap FAA received reports of snap ring proposal will be filed in the Rules ring impulse coupling assemblies would impulse coupling assemblies being Docket. have constituted terminating action to worn beyond limits. The FAA Commenters wishing the FAA to the inspection requirements of the AD. determined that it was necessary to acknowledge receipt of their comments That proposal was prompted by reopen the proposal for public submitted in response to this notice availability of an improved design for comment, so a Supplemental NPRM was must submit a self-addressed, stamped the impulse coupling assembly. This published in the Federal Register on postcard on which the following action revises the proposed rule by November 17, 1994 (59 FR 59391). That statement is made: ‘‘Comments to allowing installation of replacement Supplemental NPRM proposed to retain Docket Number 93–ANE–07.’’ The serviceable riveted as well as snap ring the 500 hour repetitive inspections for postcard will be date stamped and impulse couplings. The actions wear required by the current AD, but returned to the commenter. specified by this proposed AD are would require these inspections for intended to prevent magneto failure and Availability of NPRMs magnetos equipped with snap ring subsequent engine failure. Any person may obtain a copy of this impulse coupling assemblies as well. DATES: Comments must be received by NPRM by submitting a request to the Since the publication of that December 15, 1995. FAA, New England Region, Office of the Supplemental NPRM, the FAA has ADDRESSES: Submit comments in Assistant Chief Counsel, Attention: received comments. One commenter triplicate to the Federal Aviation Rules Docket No. 93–ANE–07, 12 New supports the AD as written. The other Administration (FAA), New England England Executive Park, Burlington, MA two commenters state that they basically Region, Office of the Assistant Chief 01803–5299. support the AD, but feel that serviceable Counsel, Attention: Rules Docket No. riveted impulse couplings should be 93–ANE–07, 12 New England Executive Discussion permitted as replacement units as well Park, Burlington, MA 01803–5299. On January 4, 1983, the Federal as the snap ring design. The FAA Comments may be inspected at this Aviation Administration (FAA) issued concurs, while there has been no location between 8:00 a.m. and 4:30 airworthiness directive (AD) 78–09–07 production of riveted impulse couplings p.m., Monday through Friday, except R3, Amendment 39–4538 (48 FR 1482, since January 1992, distributors may Federal holidays. January 13, 1983), to require inspections still have some left as this was a The service information referenced in for wear, and replacement, if necessary, common, relatively high use item. This the proposed rule may be obtained from of the impulse coupling assemblies on new Supplemental NPRM has therefore Teledyne Continental Motors, P.O. Box certain Teledyne Continental Motors been revised to propose replacement of 90, Mobile, AL 36601; telephone (334) (TCM) (formerly Bendix) S–20, S–1200, worn impulse couplings with 438–3411. This information may be D–2000, and D–3000 series magnetos serviceable impulse couplings of either examined at the FAA, New England equipped with impulse couplings. That design. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53559
Since this change expands the scope Regulatory Policies and Procedures (44 S–1200, D–2000, and D–3000 series magnetos of the originally proposed rule, the FAA FR 11034, February 26, 1979); and (3) if as referenced in TCM Mandatory Service has determined that it is necessary to promulgated, will not have a significant Bulletin (MSB) No. MSB645, dated April 4, reopen the comment period to provide economic impact, positive or negative, 1994, and this airworthiness directive (AD). A typical example is S6RN–25, where the S additional opportunity for public on a substantial number of small entities designates single type ignition unit (a D comment. under the criteria of the Regulatory designates a dual ignition unit), the 6 The FAA has reviewed and approved Flexibility Act. A copy of the draft designates the number of cylinders, the R the technical contents of TCM regulatory evaluation prepared for this designates right hand rotation, the N is the Mandatory Service Bulletin (MSB) No. action is contained in the Rules Docket. manufacturer designation (this did not MSB645, dated April 4, 1994, that A copy of it may be obtained by change when TCM purchased the Bendix describes procedures for inspection of contacting the Rules Docket at the magneto product line), and the number after the impulse coupling assemblies for location provided under the caption the dash indicates the series (a–25 is a S–20 series magneto while a –3200 is a D–3000 wear; and TCM SB No. 639, dated ADDRESSES. March 1993, that clarifies procedures for series magneto, etc.). installation of impulse coupling List of Subjects in 14 CFR Part 39 Compliance: Required as indicated, unless assemblies. accomplished previously. Air transportation, Aircraft, Aviation To prevent magneto failure and subsequent The FAA estimates that 130,000 safety, Safety. engine failure, accomplish the following: magnetos would be affected by this The Proposed Amendment (a) For magnetos with riveted or snap ring proposed AD, that the required impulse coupling assemblies, having less inspection would take 1 work hour, plus Accordingly, pursuant to the than 450 hours time in service (TIS) since 1 work hour to change the impulse authority delegated to me by the new, or overhaul, or since last inspection, on coupling, and that the average labor rate Administrator, the Federal Aviation the effective date of this AD, accomplish the is $60 per work hour. The average Administration proposes to amend part following: utilization of the fleet of these airplanes 39 of the Federal Aviation Regulations (1) Prior to the accumulation of 500 hours is estimated to be evenly divided (14 CFR part 39) as follows: TIS since new, or overhaul, or since last inspection, inspect riveted or snap ring between commercial/commuter service impulse coupling assemblies for wear, and and private owners. The commercial/ PART 39ÐAIRWORTHINESS DIRECTIVES replace, if necessary, prior to further flight, commuter service population is with serviceable riveted or snap ring impulse estimated to operate 500 hours time in 1. The authority citation for part 39 coupling assemblies, in accordance with the service (TIS) per year; therefore the cost continues to read as follows: Detailed Instructions of TCM MSB No. to perform the inspections required by MSB645, dated April 4, 1994, and TCM SB the proposed AD would be Authority: 49 U.S.C. 106(g), 40101, 40113, No. 639, dated March 1993. approximately $3,900,000 per year. The 44701. (2) Thereafter, at intervals not to exceed FAA estimates that private owners 500 hours TIS since the last inspection, § 39.13 [Amended] inspect riveted or snap ring impulse coupling operate their aircraft between 50 and 2. Section 39.13 is amended by assemblies for wear, and replace, if 100 hours TIS per year; therefore it will adding the following new airworthiness necessary, prior to further flight, with take approximately 5 to 10 years to directive: serviceable riveted or snap ring impulse reach 500 hours time in service. The coupling assemblies, in accordance with the estimated cost for these owners would Teledyne Continental Motors: Docket No. Detailed Instructions of TCM MSB No. also be $3,900,000 spread over a time 93–ANE–07. MSB645, dated April 4, 1994, and TCM SB period of 5 to 10 years or 780,000 per Applicability: Teledyne Continental No. 639, dated March 1993. year for 5 years or $390,000 for 10 years. Motors (TCM) (formerly Bendix) S–20, S– (b) For magnetos with riveted or snap ring 1200, D–2000, and D–3000 series magnetos impulse coupling assemblies, having 450 or The cost to replace the impulse equipped with impulse couplings, installed coupling assembly is $125 per magneto more hours TIS since new, or overhaul, or on but not limited to reciprocating engine since last inspection, on the effective date of plus one work hour at $60 per work powered aircraft manufactured by Beech, this AD, or an unknown TIS on the effective hour for a total of $185 per magneto. Cessna, Mooney, and Piper. date of this AD, accomplish the following: While all the riveted impulse coupling Note 1: This airworthiness directive (AD) (1) Within the next 50 hours TIS after the assemblies will eventually have to be applies to each magneto identified in the effective date of this AD, inspect riveted or replaced, it is not possible to estimate preceding applicability provision, regardless snap ring impulse coupling assemblies for the cost per year. The total cost for of whether it has been modified, altered, or wear, and replace, if necessary, prior to replacement for U.S. operators would be repaired in the area subject to the further flight, with serviceable riveted or $24,050,000. requirements of this AD. For magnetos that snap ring impulse coupling assemblies in The regulations proposed herein have been modified, altered, or repaired so accordance with the Detailed Instructions of that the performance of the requirements of would not have substantial direct effects TCM MSB No. MSB645, dated April 4, 1994, this AD is affected, the owner/operator must and TCM SB No. 639, dated March 1993. on the States, on the relationship use the authority provided in paragraph (c) (2) Thereafter, at intervals not to exceed between the national government and to request approval from the Federal Aviation 500 hours TIS since the last inspection, the States, or on the distribution of Administration (FAA). This approval may inspect riveted or snap ring impulse coupling power and responsibilities among the address either no action, if the current assemblies for wear, and replace, if various levels of government. Therefore, configuration eliminates the unsafe necessary, prior to further flight, with in accordance with Executive Order condition, or different actions necessary to serviceable riveted or snap ring impulse 12612, it is determined that this address the unsafe condition described in coupling assemblies, in accordance with the this AD. Such a request should include an Detailed Instruction of TCM MSB No. proposal would not have sufficient assessment of the effect of the changed federalism implications to warrant the MSB645, dated April 4, 1994, and TCM SB configuration on the unsafe condition No. 639, dated March 1993. preparation of a Federalism Assessment. addressed by this AD. In no case does the (c) An alternative method of compliance or For the reasons discussed above, I presence of any modification, alteration, or adjustment of the compliance time that certify that this proposed regulation (1) repair remove any magneto from the provides an acceptable level of safety may be is not a ‘‘significant regulatory action’’ applicability of this AD. used if approved by the Manager, Atlanta under Executive Order 12866; (2) is not Note 2: The FAA has received reports of Aircraft Certification Office. The request a ‘‘significant rule’’ under the DOT some confusion as to what is meant by S–20, should be forwarded through an appropriate 53560 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
FAA Maintenance Inspector, who may add FOR FURTHER INFORMATION CONTACT: period to give interested persons comments and then send it to the Manager, Philip L. Chao, Office of Policy (HF–23), sufficient time to review and comment Atlanta Aircraft Certification Office. NOTE: Food and Drug Administration, 5600 on the methodology and results of focus Information concerning the existence of Fishers Lane, Rockville, MD 20857, group studies and proposed warning approved alternative methods of compliance with this airworthiness directive, if any, may 301–827–3380. statements. be obtained from the Atlanta Aircraft SUPPLEMENTARY INFORMATION: In the Additionally, the Cigar Association of Certification Office. Federal Register of August 11, 1995 (60 America, Inc., requested a 9-month (d) Special flight permits may be issued in FR 41314), FDA issued a proposed rule extension of the comment period to accordance with sections 21.197 and 21.199 that would govern the sale and permit it to review and analyze the of the Federal Aviation Regulations (14 CFR distribution of nicotine-containing proposed rule and relevant technical 21.197 and 21.199) to operate the aircraft to cigarettes and smokeless tobacco materials. The Food Marketing Institute a location where the requirements of this AD requested a 90-day extension of the can be accomplished. products in order to protect children and adolescents. The proposed rule comment period to permit it to develop Issued in Burlington, Massachusetts, on information and data to respond to the October 3, 1995. would reduce easy access to these products by children and adolescents proposed rule. Jay J. Pardee, and decrease the amount of imagery that The agency has carefully considered Manager, Engine and Propeller Directorate, makes these products attractive to the requests. The agency published the Aircraft Certification Service. children and adolescents. The proposed proposed rule on August 11, 1995. On [FR Doc. 95–25567 Filed 10–13–95; 8:45 am] rule would establish 18 years of age as August 16, 1995, the documents referred BILLING CODE 4910±13±U the Federal minimum age of purchase to in the proposed rule were placed in and would prohibit cigarette vending the public record. Thus, the proposed machines, free samples, mail order rule and the documents cited by the DEPARTMENT OF HEALTH AND sales, and self-service displays. It would agency in support of the rule have been HUMAN SERVICES also require that retailers comply with on public display since August 16, certain conditions regarding tobacco 1995. On September 29, 1995, FDA Food and Drug Administration sales, such as verifying the purchaser’s placed additional documents that the age. The proposed rule would limit agency considered on public display at 21 CFR Parts 801, 803, 804, and 897 advertising and labeling to which the Dockets Management Branch. [Docket No. 95N±0253] children and adolescents are exposed to Accordingly, FDA is extending the a text-only format; ban the sale or comment period to January 2, 1996. A Regulations Restricting the Sale and distribution of branded, non-tobacco deadline of December 28, 1995, would Distribution of Cigarettes and items (such as hats and tee shirts); provide a comment period of 90 days Smokeless Tobacco Products to restrict sponsorship of events to the from the date on which the agency Protect Children and Adolescents; corporate name only; and require placed additional documents that the Extension of Comment Period manufacturers to establish and maintain agency considered on public display. a national public education campaign. Because, December 28, 1995, is a AGENCY: Food and Drug Administration, The proposed rule would also require Thursday and January 1, 1996, is a HHS. cigarette advertising to carry a brief holiday, the agency does not anticipate ACTION: Proposed rule; extension of statement stating, ‘‘About one out of that it will be able to undertake comment period. three kids who become smokers will die significant work on the comments until from their smoking;’’ the agency stated January 2, 1996. Therefore, the agency is SUMMARY: The Food and Drug that it would perform focus group extending the comment period until Administration (FDA) is extending to testing to evaluate the content and January 2, 1996. January 2, 1996, the comment period for format of the brief statement and other FDA will also provide a 30-day period the proposed rule that appeared in the statements to determine whether the to review and comment on the results of Federal Register of August 11, 1995 (60 warnings are communicated effectively. any focus group studies that it conducts. FR 41314). The document proposed new In response to the proposed rule, the The agency will announce the dates for regulations governing the sale and Tobacco Institute; Brown & Williamson comments on the focus group studies in distribution of nicotine-containing Tobacco Corp.; Liggett Group, Inc.; a future issue of the Federal Register. cigarettes and smokeless tobacco Lorillard Tobacco Co.; Philip Morris, Otherwise, because of the public health products in order to protect children Inc.; R. J. Reynolds Tobacco Co.; the importance of this matter, the agency and adolescents. As a result of this Smokeless Tobacco Council, Inc.; advises that it does not anticipate extension, the agency is providing a Conwood Company, L. P.; Swisher granting further extensions of the comment period of more than 140 days Tobacco Co.; National Tobacco, L. P.; comment period beyond January 2, on the notice, and a comment period of Pinkerton Tobacco Co.; and the United 1996. In order to assure consideration more than 90 days from the date that States Tobacco Co. requested a 180-day by the agency, comments are to be filed additional documents that the agency extension of the comment period. These by that date. considered were placed on display. This parties requested additional time on the Interested persons may, on or before action is being taken in response to grounds that some references in the January 2, 1996, submit to the Dockets several requests for an extension of the proposed rule were not available and Management Branch (address above) comment period. that the regulatory issues were complex written comments regarding the DATES: Written comments by January 2, and controversial. They sought a 180- proposed rule. Four copies of any 1996. day comment period starting on the date comments are to be submitted, except ADDRESSES: Submit written comments when all documents and other material that individuals may submit one copy. to the Dockets Management Branch (including information reviewed, but Comments are to be identified with the (HFA–305), Food and Drug not relied upon by FDA) are available docket number found in brackets in the Administration, rm. 1–23, 12420 for public display. The parties also heading of this document. Received Parklawn Dr., Rockville, MD 20857. requested that FDA extend the comment comments may be seen in the office Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53561 above between 9 a.m. and 4 p.m., tax rules related to the reporting and Code, this notice of proposed Monday through Friday. deposit of nonpayroll withheld taxes. rulemaking will be submitted to the Dated: October 11, 1995. Comments on the collection of Chief Counsel for Advocacy of the Small information should be sent to the Office William B. Schultz, Business Administration for comment of Management and Budget, Attn: Desk on its impact on small business. Deputy Commissioner for Policy. Officer for the Department of the [FR Doc. 95–25670 Filed 10–12–95; 1:38 pm] Treasury, Office of Information and Comments and Requests for a Public BILLING CODE 4160±01±F Regulatory Affairs, Washington, DC Hearing 20503, with copies to the Internal Before these proposed regulations are Revenue Service, Attn: IRS Reports adopted as final regulations, DEPARTMENT OF THE TREASURY Clearance Officer, PC:FP, Washington, consideration will be given to any DC 20224. To ensure that comments on written comments (preferably a signed Internal Revenue Service the collection of information may be original and eight (8) copies) that are given full consideration during the 26 CFR Part 31 timely submitted to the IRS. All review by the Office of Management and comments will be available for public [IA±30±95] Budget, comments on the collection of inspection and copying. A public information should be received by hearing may be scheduled if requested RIN 1545±AT86 December 15, 1995. in writing by a person that timely An agency may not conduct or submits written comments. If a public Reporting of Nonpayroll Withheld Tax sponsor, and a person is not required to hearing is scheduled, notice of the date, Liabilities respond to, a collection of information time, and place for the hearing will be unless the collection of information AGENCY: Internal Revenue Service (IRS), published in the Federal Register. displays a valid control number. Treasury. Books or records relating to a Drafting Information. The principal author ACTION: Notice of proposed rulemaking collection of information must be of these regulations is Vincent G. Surabian, by cross-reference to temporary retained as long as their contents may Office of Assistant Chief Counsel (Income regulations. become material in the administration Tax and Accounting). However, other of any internal revenue law. Generally, personnel from the IRS and Treasury SUMMARY: In the Rules and Regulations tax returns and tax return information Department participated in their section of this issue of the Federal are confidential, as required by 26 development. Register, the IRS is issuing temporary U.S.C. 6103. List of Subjects in 26 CFR Part 31 regulations relating to the reporting of Estimates of the reporting burden in nonpayroll withheld income taxes this Notice of Proposed Rulemaking will Employment taxes, Income taxes, under section 6011 of the Internal be reflected in the burden of Form 945. Revenue Code. The text of the Penalties, Pensions, Railroad retirement, temporary regulations also serves as the Background Reporting and recordkeeping text for this notice of proposed requirements, Social security, The temporary regulations published Unemployment compensation. rulemaking. in the Rules and Regulations section of DATES: Written comments and requests this issue of the Federal Register Proposed Amendments to the for a public hearing must be received by contain an amendment to the Regulations December 15, 1995. Regulations on Employment Taxes and Accordingly, 26 CFR part 31 is ADDRESSES: Send submissions to: Collection of Income Tax at Source (26 proposed to be amended as follows: CC:DOM:CORP:T:R (IA–30–95), room CFR part 31). This amendment relates to the reporting of nonpayroll withheld tax 5228, Internal Revenue Service, POB PART 31ÐEMPLOYMENT TAXES AND 7604, Ben Franklin Station, Washington, liabilities. The temporary regulations change the rule regarding the filing of COLLECTION OF INCOME TAX AT DC 20044. In the alternative, SOURCE submissions may be hand delivered Form 945, Annual Return of Withheld Federal Income Tax, for a calendar year between the hours of 8 a.m. and 5 p.m. Paragraph 1. The authority citation to: CC:DOM:CORP:T:R (IA–30–95), in which there is no liability. The text of those temporary for part 31 continues to read in part as Courier’s Desk, Internal Revenue follows: Service, 1111 Constitution Ave. NW., regulations also serves as the text of Washington, DC. these proposed regulations. The Authority: 26 U.S.C. 7805 * * * preamble to the temporary regulations FOR FURTHER INFORMATION CONTACT: explains these proposed regulations. Par. 2. In § 31.6011(a)–4, paragraph Vincent G. Surabian, (202) 622–6232 (b) is revised to read as follows: (not a toll-free number). Special Analyses It has been determined that this notice § 31.6011(a)±4 Returns of income tax SUPPLEMENTARY INFORMATION: withheld. of proposed rulemaking is not a Paperwork Reduction Act significant regulatory action as defined * * * * * The collection of information in EO 12866. Therefore, a regulatory (b) [The text of this proposed contained in this notice of proposed assessment is not required. It also has paragraph (b) is the same as the text of rulemaking has been submitted to the been determined that section 553(b) of § 31.6011(a)–4T(b) published elsewhere Office of Management and Budget the Administrative Procedure Act (5 in this issue of the Federal Register]. (OMB) for review in accordance with U.S.C. chapter 5) and the Regulatory * * * * * the Paperwork Reduction Act of 1995 Flexibility Act (5 U.S.C. chapter 6) do (44 U.S.C. 3507). The collection of not apply to these regulations, and, Margaret Milner Richardson, information is in § 31.6011(a)–4T(b). therefore, a Regulatory Flexibility Commissioner of Internal Revenue. This information is required by the IRS Analysis is not required. Pursuant to [FR Doc. 95–25313 Filed 10–13–95; 8:45 am] to monitor compliance with the federal section 7805(f) of the Internal Revenue BILLING CODE 4830±01±U 53562 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
DEPARTMENT OF THE INTERIOR Colorado Division of Minerals and proposes to revise are: Rule 1.04(111), Geology, Department of Natural concerning the definition of ‘‘road;’’ Office of Surface Mining Reclamation Resources, 215 Centennial Building, Rule 3.02.2(5), concerning adjustments and Enforcement 1313 Sherman Street, Denver, in bond amount; Rule 3.02.3(2)(c), Colorado 80203, Telephone: (303) concerning the bond liability period on 30 CFR Part 906 866–3567 land reclaimed for industrial or commercial, or residential use; Rules Colorado Regulatory Program FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 672– 3.02.4(1), 3.02.4(1)(b) and (d), ACTION: Proposed rule; reopening and 5524. concerning bond forms; Rule extension of public comment period and 3.02.4(2)(c)(ix), concerning real property opportunity for public hearing on SUPPLEMENTARY INFORMATION: bonds; Rule 3.02.4(2)(d)(i), concerning proposed amendment. I. Background on the Colorado Program terms and conditions of irrevocable letters of credit; Rule 3.03.1(2)(b), SUMMARY: OSM is announcing receipt of On December 15, 1980, the Secretary of the Interior conditionally approved concerning the criteria and schedule for proposed revisions to rules that had release of performance bonds; and Rule been previously approved by OSM and the Colorado program. General background information on the 4.15.10(3), concerning erosion control additional explanatory information on mine support facilities within areas pertaining to a previously proposed Colorado program, including the Secretary’s findings, the disposition of where the pre- and postmining land use amendment to the Colorado regulatory is industrial or commercial. program (hereinafter, the ‘‘Colorado comments, and the conditions of approval of the Colorado program can Specifically, Colorado proposes to program’’) under the Surface Mining revise: Control and Reclamation Act of 1977 be found in the December 15, 1980, Federal Register (45 FR 82173). Rule 1.04(111), the definition of (SMCRA). The revisions and additional ‘‘road,’’ to exclude public roads; explanatory information for Colorado’s Subsequent actions concerning Colorado’s program and program Rule 3.02.2(5), to clarify the proposed rules pertain to the definition circumstances under which a permittee of ‘‘road;’’ adjustments in bond amount; amendments can be found at 30 CFR 906.11, 906.15, 906.16, and 906.30. may request an adjustment in bond the bond liability period on land amount; reclaimed for industrial or commercial, II. Proposed Amendment Rule 3.02.3(2)(c), to require that the or residential use; bond forms; terms minimum period of bond liability on and conditions of irrevocable letters of By letter dated July 12, 1995, Colorado submitted a proposed land reclaimed for industrial or credit; the criteria and schedule for commercial, or residential use must release of performance bonds; and amendment to its program (administrative record No. CO–670) continue until, among other things, the erosion control on mine support permittee demonstrates that facilities is within areas where the pre- pursuant to SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the proposed development of the land use has and postmining land use is industrial or substantially commenced and is likely commercial. The amendment is amendment in response to a February 7, 1990, letter (administrative record No. to be achieved; intended to revise the Colorado program Rules 3.02.4(1) and 3.02.4(2)(c)(ix), to to be consistent with the corresponding CO–484) that OSM sent to Colorado in accordance with 30 CFR 732.17(c), and allow conditioned acceptance of real Federal regulations and SMCRA, and property bonds; improve operational efficiency. at its own initiative. OSM announced receipt of the Rule 3.02.4(1)(b), to include a DATES: Written comments must be proposed amendment in the July 28, reference to the rules concerning received by 4:00 p.m., m.s.t. November 1995, Federal Register (60 FR 38773), conditions for approval of a collateral 15, 1995. If requested, a public hearing provided an opportunity for a public bond; on the proposed amendment will be hearing or meeting on its substantive Rule 3.02.4(1)(d), to correct the held on November 13, 1995. Requests to adequacy, and invited public comment citation of a referenced rule concerning present oral testimony at the hearing on its adequacy (administrative record approval of an alternative bonding must be received by 4:00 p.m., m.d.t., No. CO–670–4). Because no one system; October 31, 1995. requested a public hearing or meeting, Rule 3.02.4(2)(d)(i), to allow an ADDRESSES: Written comments should none was held. The public comment irrevocable letter of credit to be issued be mailed or hand delivered to James F. period ended on August 28, 1995. by a bank outside the State of Colorado Fulton at the address listed below. In addition to the proposed if the letter of credit can be exercised at Copies of the Colorado program, the amendment submitted on July 12, 1995, an affiliate or subsidiary located in the proposed amendment, and all written Colorado submitted under the same July State of Colorado; comments received in response to this 12, 1995, cover letter (administrative Rule 3.03.1(2)(b), to (1) allow for document will be available for public record No. CO–670), promulgated rules eighty-five percent of a bond amount to review at the addresses listed below which had been previously approved by be released if, among other things, the during normal business hours, Monday OSM (see 59 FR 28248, June 1, 1994, established vegetation supports the through Friday, excluding holidays. and 59 FR 62574, December 6, 1994). approved postmining land use and (2) Each requester may receive one free Upon promulgation of these previously clarify that, with the exception of prime copy of the proposed amendment by approved rules, Colorado revised and farmlands, the evaluation of vegetation contacting OSM’s Denver Field submitted several of them in response to establishment must be based on Division. the requirement to amend its program at statistically valid data collected during James F. Fulton, Chief, Denver Field 30 CFR 906.16(g) and at its own a single year of the liability period; and Division, Western Regional initiative. The previously approved Rule 4.15.10(3), to delete the Coordinating Center, Office of Surface provisions of 2 Code of Colorado requirement for a demonstration that Mining Reclamation and Regulations 407–2, the rules and retention of the mine support facilities Enforcement, 1999 Broadway, Suite regulations of the Colorado Mined Land will support the approved postmining 3300, Denver, Colorado 80202 Reclamation Board that Colorado land use. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53563
During its review of the proposed deemed adequate, it will become part of IV. Procedural Determinations amendment and previously approved the Colorado program. 1. Executive Order 12866 rules for which Colorado proposed Written comments should be specific, This rule is exempted from review by further revisions upon promulgation, pertain only to the issues proposed in OSM identified issues relating to the the Office of Management and Budget this rulemaking, and include (OMB) under Executive Order 12866 provisions at Rule 1.04(111), concerning explanations in support of the the definition of ‘‘road;’’ Rules 3.02.4(1) (Regulatory Planning and Review). commenter’s recommendations. and 3.02.4(2)(c)(ix), concerning the Comments received after the time 2. Executive Order 12778 allowance of real property bonds; Rule indicated under DATES or at locations 4.15.10(3), concerning erosion control The Department of the Interior has on mine support facilities located other than OSM’s Denver Field Division conducted the reviews required by within areas where the pre- and will not necessarily be considered in the section 2 of Executive Order 12778 postmining land use is industrial or final rulemaking or included in the (Civil Justice Reform) and has commercial; and Rule 4.20.3(2), administrative record. determined that this rule meets the applicable standards of subsections (a) concerning subsidence-caused damages. 2. Public Hearing and (b) of that section. However, these OSM notified Colorado of the Persons wishing to testify at the standards are not applicable to the concerns by letter dated August 31, actual language of State regulatory 1995 (administrative record No. CO– public hearing should contact the person listed under FOR FURTHER programs and program amendments 670–7). Colorado responded in a letter since each such program is drafted and dated September 26, 1995, by INFORMATION CONTACT by 4 p.m., m.d.t. on October 31, 1995. Any disabled promulgated by a specific State, not by submitting additional explanatory OSM. Under sections 503 and 505 of information (administrative record No. individual who has need for a special accommodation to attend a public SMCRA (30 U.S.C. 1253 and 1255) and CO–670–8). the Federal regulations at 30 CFR hearing should contact the individual Colorado proposes additional 730.11, 732.15, and 732.17(h)(10), listed under FOR FURTHER INFORMATION explanatory information for Rules decisions on proposed State regulatory CONTACT. The location and time of the 3.02.4(1) and 3.02.4(2)(c)(ix), concerning programs and program amendments the allowance of real property bonds, hearing will be arranged with those submitted by the States must be based and Rule 4.15.10(3), concerning erosion persons requesting the hearing. If no one solely on a determination of whether the control on mine support facilities requests an opportunity to testify at the submittal is consistent with SMCRA and located within areas where the pre- and public hearing, the hearing will not be its implementing Federal regulations postmining land use is industrial or held. and whether the other requirements of commercial. Specifically, Colorado Filing of a written statement at the 30 CFR parts 730, 731, and 732 have explained that (1) because a collating time of the hearing is requested as it been met. error was made upon promulgation and will greatly assist the transcriber. 3. National Environmental Policy Act Rule 3.02.4(c)(ix) was inadvertently Submission of written statements in removed, submitted Rule 3.02.4(c)(ix) advance of the hearing will allow OSM No environmental impact statement is should be codified as Rule 3.02.4(c)(x), officials to prepare adequate responses required for this rule since section and (2) it is policy that only mine and appropriate questions. 702(d) of SMCRA (30 U.S.C. 1292(d)) support facilities which are appropriate provides that agency decisions on for the postmining land use are The public hearing will continue on proposed State regulatory program approved for retention. In addition, the specified date until all persons provisions do not constitute major Colorado stated that (1) it is aware of scheduled to testify have been heard. Federal actions within the meaning of proposed U.S. Congressional bills which Persons in the audience who have not section 102(2)(C) of the National would amend SMCRA by providing an been scheduled to testify, and who wish Environmental Policy Act (42 U.S.C. exemption for public roads and that it to do so, will be heard following those 4332(2)(C)). will proceed with any necessary who have been scheduled. The hearing 4. Paperwork Reduction Act revision of the definition of ‘‘road’’ at will end after all persons scheduled to Rule 1.04(111) upon resolution of these testify and persons present in the This rule does not contain bills and (2) it anticipated a 1996 audience who wish to testify have been information collection requirements that rulemaking petition to address the heard. require approval by OMB under the necessary revisions at Rule 4.20.3(2), Paperwork Reduction Act (44 U.S.C. 3. Public Meeting concerning subsidence-caused damages. 3507 et seq.). III. Public Comment Procedures If only one person requests an 5. Regulatory Flexibility Act opportunity to testify at a hearing, a 1. Written Comments The Department of the Interior has public meeting, rather than a public determined that this rule will not have OSM is reopening the comment hearing, may be held. Persons wishing a significant economic impact on a period on the proposed Colorado to meet with OSM representatives to substantial number of small entities program amendment to provide the discuss the proposed amendment may under the Regulatory Flexibility Act (5 public an opportunity to reconsider the request a meeting by contacting the U.S.C. 601 et seq.). The State submittal adequacy of the proposed amendment person listed under FOR FURTHER that is the subject of this rule is based in light of the additional materials INFORMATION CONTACT. All such meetings upon counterpart Federal regulations for submitted. In accordance with the will be open to the public and, if which an economic analysis was provisions of 30 CFR 732.17(h), OSM is possible, notices of meetings will be prepared and certification made that seeking comments on whether the posted at the locations listed under such regulations would not have a proposed amendment satisfies the ADDRESSES. A written summary of each significant economic effect upon a applicable program approval criteria of meeting will be made a part of the substantial number of small entities. 30 CFR 732.15. If the amendment is administrative record. Accordingly, this rule will ensure that 53564 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules existing requirements previously Each requester may receive one free protection incurred in connection with any promulgated by OSM will be copy of the proposed amendment by surface coal mining operation. implemented by the State. In making the contacting OSM’s Casper Field Office. North Dakota proposes to rename its determination as the whether this rule Guy Padgett, Director, Casper Field ‘‘Procurement Policy’’ as ‘‘Procurement would have a significant economic Office, Office of Surface Mining Procedures’’ and make various revisions impact, the Department relied upon the Reclamation and Enforcement, 100 in: data and assumptions for the East B Street, Room 2128, Casper, counterpart Federal regulations. Section II, definitions and Wyoming 82601–1918 miscellaneous policy provisions, at Louis A. Ogaard, Director, AML List of Subjects in 30 CFR Part 906 subsection E, contract execution; Division, Public Service Commission, subsection H, contractor selection; Intergovernmental relations, Surface Capitol Building, Bismarck, ND subsection I, final report; subsection K, mining, Underground mining. 58505–0165 preference; subsection M, procurement Dated: October 4, 1995. FOR FURTHER INFORMATION CONTACT: officer; Richard J. Seibel, Guy Padgett, Telephone: (307) 261– 5776. Section III, Public Service Regional Director, Western Regional Commission and public contractor code Coordinating Center. SUPPLEMENTARY INFORMATION: of conduct, at subsection B, gifts; and [FR Doc. 95–25554 Filed 10–13–95; 8:45 am] Section IV, procurement procedural BILLING CODE 4310±05±M I. Background on the North Dakota Plan requirements, at subsection B, procurement procedures; subsection C, On December 23, 1981, the Secretary method of procurement; subsection D, 30 CFR Part 934 of the Interior approved the North unsolicited proposal. [ND±033] Dakota plan. General background information on the North Dakota plan, In the ‘‘Procurement Procedures,’’ North Dakota Abandoned Mine Land including the Secretary’s findings and North Dakota also proposes to add Reclamation (AMLR) Plan the disposition of comments, can be appendices at: A, evaluation criteria for found in the December 23, 1981, request for proposals/competitive AGENCY: Office of Surface Mining Federal Register (46 FR 62253). negotiations; B, sample scoring system Reclamation and Enforcement (OSM), Subsequent actions concerning North for competitive negotiation type Interior. Dakota’s plan and plan amendments can contracts; C, procedures for competitive ACTION: Proposed rule; public comment be found at 30 CFR 934.25. contract negotiations; D, procedures for period and opportunity for public sole source procurement; and E, hearing on proposed amendment. II. Proposed Amendment checklist for work statement (specific By letter dated September 20, 1995, provisions) contracts and requests for SUMMARY: OSM is announcing receipt of North Dakota submitted a proposed proposals. a proposed amendment to the North amendment to its plan (administrative North Dakota proposes to rename its Dakota AMLR plan (hereinafter, the record No. ND–X–02) pursuant to ‘‘Contract Policy’’ as ‘‘Contract ‘‘North Dakota plan’’) under the Surface SMCRA (30 U.S.C. 1201 et seq.). North Procedures’’ and make various revisions Mining Control and Reclamation Act of Dakota submitted the proposed in: 1977 (SMCRA). The proposed amendment at its own initiative and in Section II, checklist for negotiating amendment consists of addition of a response to a September 26, 1994, letter contractor eligibility statutory provision, contracts; and (administrative record No. ND–X–01) Section III, standard contract revision of procurement and contract that OSM sent to North Dakota in procedures, revision of procurement provisions, at subsection B, construction accordance with 30 CFR 884.15(b). The contracts. and contract policies, and revision of provisions of its North Dakota plan that the State agency organizational North Dakota proposes to add and/or In the ‘‘Contract Procedures,’’ North structure. The amendment is intended revise are: North Dakota Century Code Dakota also proposes to add appendices to revise the North Dakota plan to meet (NDCC) 38–14.2–03(14), powers and at: A, sample close-out letter to the requirements of the corresponding duties of the Commission; procurement contractor; B, sample contract Federal regulations and to improve procedures; contract procedures; policy transmittal letter; C, sample detailed operational efficiency. 2–01–81(5), procurement policy and budget sheet for cost reimbursable DATES: Written comments must be contract policy; and State agency contracts; D, checklist for negotiating received by 4 p.m., m.d.t., November 15, organizational structure. contracts; E, Public Service Commission 1995. If requested, a public hearing on Specifically, North Dakota proposes to contract numbering system; F, conflict the proposed amendment will be held add to its statute at NDCC 38–14.2– of interest disclaimer; G, checklist for on November 13, 1995. Requests to 03(14) a requirement that: work statement (specific provisions) contracts and request for proposals; and present oral testimony at the hearing Every successful bidder for an AML must be received by 4 p.m., m.d.t., H, certification of payment to contract must be eligible based on available employees, suppliers, and October 31, 1995. information concerning Federal and State ADDRESSES: Written comments should failure-to-abate cessation orders, unabated subcontractors. be mailed or hand delivered to Guy Federal and State imminent harm cessation North Dakota proposes to revise Padgett at the address listed below. orders, delinquent civil penalties issued policy 2–02–81(5), Public Service Copies of the North Dakota plan, the pursuant to Section 518 of the Surface Commission contract policy and proposed amendment, and all written Mining Control and Reclamation Act of 1977, procurement policy. bond forfeitures where violations upon comments received in response to this which the forfeitures were based have not Lastly, North Dakota submitted a document will be available for public been corrected, delinquent abandoned mine revised organizational chart for the review at the addresses listed below reclamation fees, and unabated violations of Public Service Commission. The chart during normal business hours, Monday Federal and State laws, rules, and regulations indicates that 5.3 employees are devoted through Friday, excluding holidays. pertaining to air or water environmental to abandoned mine lands. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53565
III. Public Comment Procedures possible, notices of meetings will be SMCRA or previously promulgated by In accordance with the provisions of posted at the locations listed under OSM will be implemented by the Tribe 30 CFR 884.15(a), OSM is seeking ‘‘ADDRESSES.’’ A written summary of or State. In making the determination as comments on whether the proposed each meeting will be made a part of the to whether this rule would have a amendment satisfies the applicable plan administrative record. significant economic impact, the approval criteria of 30 CFR 884.14. In IV. Procedural Determinations Department relied upon the data and the amendment is deemed adequate, it assumptions in the analyses for the will become part of the North Dakota 1. Executive Order 12866 corresponding Federal regulations. plan. This rule is exempted from review by List of Subjects in 30 CFR Part 934 the Office of Management and Budget 1. Written Comments (OMB) under Executive Order 12866 Abandoned mine reclamation Written comments should be specific, (Regulatory Planning and Review). programs, Intergovernmental relations, pertain only to the issues proposed in Surface mining, Underground mining. 2. Executive Order 12778 this rulemaking, and include Dated: September 27, 1995. explanations in support of the The Department of the Interior has Richard J. Seibel, commenter’s recommendations. conducted the reviews required by Regional Director, Western Regional Comments received after the time section 2 of Executive Order 12778 Coordinating Center. indicated under DATES or at locations (Civil Justice Reform) and has [FR Doc. 95–25558 Filed 10–13–95; 8:45 am] other than the Casper Field Office will determined that this rule meets the BILLING CODE 4310±05±M not necessarily be considered in the applicable standards of subsections (a) final rulemaking or included in the and (b) of that section. However, these administrative record. standards are not applicable to the 30 CFR Part 938 actual language of Tribe or State AMLR 2. Public Hearing plans and revisions thereof since each [PA±112±FOR] Persons wishing to testify at the such plan is drafted and promulgated by public hearing should contact the a specific Tribe or State, not by OSM. Pennsylvania Regulatory Program person listed under FOR FURTHER Decisions on proposed Tribe or State AGENCY: Office of Surface Mining INFORMATION CONTACT by 4 p.m., m.d.t., AMLR plans and revisions thereof Reclamation and Enforcement (OSM), October 31, 1995. Any disabled submitted by a Tribe or State are based Interior. individual who has need for a special on a termination of whether the ACTION: Proposed rule; public comment accommodation to attend a public submittal meets the requirements of hearing should contract the individual period and opportunity for public Title IV of SMCRA (30 U.S.C. 1231– hearing. listed under FOR FURTHER INFORMATION 1243) and the applicable Federal CONTRACT. The location and time of the regulations at 30 CFR parts 884 and 888. SUMMARY: OSM is announcing receipt of hearing will be arranged with those 3. National Environmental Policy Act a proposed amendment to the persons requesting the hearing. If no one Pennsylvania permanent regulatory requests an opportunity to testify at the No environmental impact statement is program (hereinafter referred to as the public hearing, the hearing will not be required for this rule since agency Pennsylvania program) under the held. decisions on proposed Tribe or State Surface Mining Control and Filing of a written statement at the AMLR plans and revisions thereof are Reclamation Act of 1977 (SMCRA). The time of the hearing is requested as it categorically excluded from compliance proposed amendment (Administrative will greatly assist the transcriber. with the National Environmental Policy Record Number PA 933.00) revises the Submission of written statements in Act (42 U.S.C. 4332) by the Manual of Pennsylvania program to incorporate advance of the hearing will allow OSM the Department of the Interior (516 DM changes made by Pennsylvania House officials to prepare adequate responses 6, appendix 8, paragraph 8.4B(29)). Bill 1075 and subsequent Pennsylvania and appropriate questions. law Act 1994–114. The proposed The public hearing will continue on 4. Paperwork Reduction Act amendment is intended to provide the specified date until all persons This rule does not contain special authorization for refuse disposal scheduled to testify have been heard. information collection requirements that in areas previously affected by mining Persons in the audience who have not require approval by OMB under the which contain pollutional discharges. been scheduled to testify, and who wish Paperwork Reduction Act (44 U.S.C. to do so, will be heard following those 3507 et seq.). DATES: Written comments must be who have been scheduled. The hearing received by 4 p.m., e.d.t. November 15, 5. Regulatory Flexibility Act will end after all persons scheduled to 1995. If requested, a public hearing on testify and persons present in the The Department of the Interior has the proposed amendment will be held audience who wish to testify have been determined that this rule will not have on November 13, 1995. Requests to heard. a significant economic impact on a speak at the hearing must be received by substantial number of small entities 4 p.m., e.d.t. on October 31, 1995. 3. Public Meeting under the Regulatory Flexibility Act (5 ADDRESSES: Written comments and If only one person requests an U.S.C. 601 et seq.). The Tribe or State requests to speak at the hearing should opportunity to testify at a hearing, a submittal which is the subject of this be mailed or hand delivered to Robert public meeting, rather than a public rule is based upon Federal regulations J. Biggi, Director, Harrisburg Field Office hearing, may be held. Persons wishing from which an economic analysis was at the address shown below. to meet with OSM representatives to prepared and certification made that Copies of the Pennsylvania program, discuss the proposed amendment may such regulations would not have a the proposed amendment, a listing of request a meeting by contacting the significant economic effect upon a any scheduled public hearings, and all person listed under FOR FURTHER substantial number of small entities. written comments received in response INFORMATION CONTACT. All such meetings Accordingly, this rule will ensure that to this document will be available for will be open to the public and, if existing requirements established by public review at the addresses listed 53566 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules below during normal business hours, mining which contain pollutional stream buffer zone provision for coal Monday through Friday, excluding discharges. A summary of the proposed refuse disposal. holidays. Each requester may receive amendments is listed below. Section 6.2 Coal Refuse Disposal one free copy of the proposed 1. Section 1 Findings and Declaration Activities on Previously Affected Areas amendment by contacting OSM’s of Policy Harrisburg Field Office. Any disabled This is a new section added. individual who has need for a special This section is amended by adding Subsection (a) provides that a special accommodation to attend a public policy statements that clarify authorization must be requested to hearing should contact the individual Pennsylvania’s rationale for authorizing engage in coal refuse disposal on areas listed under FOR FURTHER INFORMATION coal refuse disposal on areas previously with pre-existing pollutional discharges CONTACT: affected by mining which contain resulting from previous mining. Robert J. Biggi, Director, Office of pollutional discharges. Subsection (b) provides the criteria under which the State may grant a Surface Mining Reclamation and 2. Section 3 Definitions Enforcement, Harrisburg Field Office, special authorization to engage in such Harrisburg Transportation Center, This section is amended to provide coal refuse disposal. Third Floor, Suite 3C, 4th and Market definitions for the following terms: Subsection (c) provides that the State Streets, Harrisburg, Pennsylvania ‘‘Abatement plan,’’ ‘‘Actual may not grant a special authorization 17101, Telephone: (717) 782–4036 improvements,’’ ‘‘Baseline pollution unless the operator seeking a special Pennsylvania Department of load,’’ ‘‘Best technology,’’ ‘‘Coal refuse authorization for coal refuse disposal Environmental Resources, Bureau of disposal activities,’’ ‘‘Pollution demonstrates certain specified Mining and Reclamation, Room 209 abatement area,’’ and ‘‘Public provisions such as that the pollution Executive House, 2nd and Chestnut recreational impoundment.’’ abatement plan will result in a Streets, P.O. Box 8461, Harrisburg, significant reduction of the baseline Section 3.2 Powers and Duties of the pollution load. Pennsylvania 17105–8461, Environmental Quality Board Telephone: (717) 787–5103. Subsection (d) provides that an New subsection (b) is added to require authorization may be denied if granting A public hearing, if held, will be at the Environmental Quality Board to it will or is likely to affect any legal the Penn Harris Motor Inn and enact regulations that are consistent responsibility or liability for abating the Convention Center at the Camp Hill with the requirements of section 301(p) pollutional discharges from or near the Bypass and U.S. Routes 11 and 15, of the Federal Water Pollution Control pollution abatement area. Camp Hill, Pennsylvania. Act (62 Stat 1155, 33 U.S.C. section Subsection (e) provides that an FOR FURTHER INFORMATION CONTACT: 1311(p)) and the State remining operator may be required to provide Robert J. Biggi, Director, Harrisburg regulations for surface coal mining specified additional information related Field Office, (717) 782–4036. activities. to delineation of the pollution SUPPLEMENTARY INFORMATION: abatement area, the hydrologic balance Section 4.1 Site Selection of the area, and the abatement plan. I. Background on the Pennsylvania This new section is added to establish Subsection (f) provides that an Program the criteria for selecting sites for coal operator who is granted a special On July 31, 1982, the Secretary of the refuse disposal. authorization shall implement the Interior conditionally approved the Subsection (a) establishes the criteria approved water monitoring program and Pennsylvania program. Background for preferred sites polluted by acid mine abatement plan, and notify the State information on the Pennsylvania drainage such as a watershed. immediately prior to the completion of program including the Secretary’s Subsection (b) identifies the areas each step of the abatement plan and to findings, the disposition of comments, where coal refuse disposal shall not provide progress reports. and a detailed explanation of the occur, such as on prime farmland. Subsection (g) specifies how pre- conditions of approval of the Subsection (c) requires the existing discharges shall be treated by Pennsylvania program can be found in identification of alternative sites that the operator. the July 30, 1982, Federal Register (47 were considered for new refuse disposal Subsection (h) provides the criteria FR 33050). Subsequent actions areas that support existing mining. This under which treatment of a pre-existing concerning the conditions of approval provision also requires a demonstration discharge may be discontinued. and program amendments are identified of the basis for the exclusion of other Subsection (i) sets forth requirement at 30 CFR 938.11, 938.12, 938.15 and sites. for reinstating treatment of a discharge 938.16. Subsection (d) requires the and for the discontinuance of that identification of alternative sites that treatment. II. Discussion of Amendment were considered for new refuse disposal Subsection (j) provides the criteria By letter dated September 14, 1995 areas that support other than existing and schedule for release of bonds for (Administrative Record Number PA coal mining activity. This provision also pollution abatement areas with a special 837.01), Pennsylvania submitted an requires a demonstration of the basis for authorization. amendment to the Pennsylvania the exclusion of other sites. Subsection (k) sets forth the standard program. The amending language is Subsection (e) provides that the of successful revegetation for contained in Pennsylvania House Bill alternatives analyses required by section reclamation plans approved as part of a 1075 and was enacted into Pennsylvania 4.1 must satisfy the Dam Safety and special authorization. law as Act 1994–114. The amendments Encroachments Act (November 26, 1978 Subsection (l) provides that forfeited change Pennslyvania’s Coal Refuse (P.L. 1375, No. 325)). funds in the Surface Mining Disposal Act (of September 24, 1968 Conservation and Reclamation Fund (P.L. 1040, No. 318) and amended on Section 6.1 Designating Areas shall be applied as a credit to the bond October 10, 1980 (P.L. 807, No. 154)) to Unsuitable for Coal Refuse Disposal required for a special authorization. In provide authorization for refuse Subsection (h)(5) is amended to addition, the area shall be exempt from disposal in areas previously affected by provide for a variance to the 100-foot permit reclamation fees. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53567
Subsection (m) establishes the criteria will end after all persons scheduled to Paperwork Reduction Act for relieving an operator for all speak and persons present in the This rule does not contain preexisting discharges under the special audience who wish to speak have been information collection requirements that authorization. heard. require approval by OMB under the 3. Section 6.3 Experimental Practices Public Meeting Paperwork Reduction Act (44 U.S.C. 3507 et seq.). This new section sets forth criteria If only one person requests an established to encourage practices that opportunity to speak at a hearing, a Regulatory Flexibility Act will advance coal refuse disposal public meeting, rather than a public The Department of the Interior has practices and advance technology or hearing, may be held. Persons wishing determined that this rule will not have practices that will enhance to meet with OSM representatives to a significant economic impact on a environmental protection with respect discuss the proposed amendment may substantial number of small entities to coal refuse disposal activities. request a meeting by contacting the under the Regulatory Flexibility Act (5 4. Section 15.1 Suspension of person listed under FOR FURTHER U.S.C. 601 et seq.). The State submittal Implementation of Certain Provisions INFORMATION CONTACT. All such meetings which is the subject of this rule is based will be open to the public and, if upon corresponding Federal regulations This new provision provides for the possible, notices of meetings will be for which an economic analysis was suspension of any provision of Act posted at the locations listed under prepared and certification made that 1994–114 found to be inconsistent with ADDRESSES. A written summary of each such regulations would not have a SMCRA. meeting will be made a part of the significant economic effect upon a III. Public Comment Procedures Administrative Record. substantial number of small entities. In accordance with the provisions of IV. Procedural Determinations Accordingly, this rule will ensure that 30 CFR 732.17(h), OSM is seeking existing requirements previously comments on whether the proposed Executive Order 12866 promulgated by OSM will be amendment satisfies the applicable implemented by the State. In making the This rule is exempted from review by determination as to whether this rule program approval criteria of 30 CFR the Office of Management and Budget 732.15. If the amendment is deemed would have a significant economic (OMB) under Executive Order 12866 impact, the Department relied upon the adequate, it will become part of the (Regulatory Planning and Review). Pennsylvania program. data and assumptions for the Executive Order 12778 corresponding Federal regulations. Written Comments List of Subjects in 30 CFR Part 938 Written comments should be specific, The Department of the Interior has pertain only to the issues proposed in conducted the reviews required by Intergovernmental relations, Surface this rulemaking, and include section 2 of Executive Order 12778 mining, Underground mining. explanations in support of the (Civil Justice Reform) and has Dated: September 27, 1995. determined that, to the extent allowed commenter’s recommendations. Allen D. Klein, Comments received after the time by law, this rule meets the applicable standards of subsections (a) and (b) of Regional Director, Appalachian Regional indicated under ‘‘DATES’’ or at Coordinating Center. locations other than the Harrisburg that section. However, these standards are not applicable to the actual language [FR Doc. 95–25559 Filed 10–13–95; 8:45 am] Field Office will not necessarily be BILLING CODE 4310±05±M considered in the final rulemaking or of State regulatory programs and included in the Administrative Record. program amendments since each such program is drafted and promulgated by 30 CFR Part 943 Public Hearing a specific State, not by OSM. Under Persons wishing to speak at the public sections 503 and 505 of SMCRA (30 [TX±024±FOR] hearing should contact the person listed U.S.C. 1253 and 1255) and 30 CFR Texas Regulatory Program under FOR FURTHER INFORMATION 730.11, 732.15, and 732.17(h)(10), CONTACT by 4 p.m., e.d.t. on October 31, decisions on proposed State regulatory AGENCY: Office of Surface Mining 1995. The location and time of the programs and program amendments Reclamation and Enforcement (OSM), hearing will be arranged with those submitted by the States must be based Interior. solely on a determination of whether the persons requesting the hearing. If no one ACTION: Proposed rule; reopening and submittal is consistent with SMCRA and requests an opportunity to testify at the extension of public comment period on its implementing Federal regulations public hearing, the hearing will not be proposed amendment. held. and whether the other requirements of Filing of a written statement at the 30 CFR Parts 730, 731, and 732 have SUMMARY: OSM is announcing receipt of time of the hearing is requested as it been met. a revision pertaining to a previously will greatly assist the transcriber. National Environmental Policy Act proposed amendment to the Texas Submission of written statements in regulatory program (hereinafter, the advance of the hearing will allow OSM No environmental impact statement is ‘‘Texas program’’) under the Surface officials to prepare adequate responses required for this rule since section Mining Control and Reclamation Act of and appropriate questions. 702(d) of SMCRA (30 U.S.C. 1292(d)) 1977 (SMCRA). The proposed revision The public hearing will continue on provides that agency decisions on to the proposed amendment pertains to the specified date until all persons proposed State regulatory program self-bonding. The proposed amendment scheduled to speak have been heard. provisions do not constitute major is intended to revise the State program Persons in the audience who have not Federal actions within the meaning of to be consistent with the corresponding been scheduled to speak, and who wish section 102(2)(C) of the National Federal regulations. to do so, will be heard following those Environmental Policy Act (42 U.S.C. This notice sets forth the times and who have been scheduled. The hearing 4332(2)(C)). locations that the Texas program and 53568 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules revisions to the proposed amendment to OSM announced receipt of the Written Comments that program are available for public proposed amendment in the September inspection, and the reopened comment 12, 1995, Federal Register (60 FR Written comments should be specific, period during which interested persons 47316), provided an opportunity for a pertain only to the issues proposed in may submit written comments on the public hearing or meeting on its this rulemaking, and include proposed amendment. substantive adequacy, and invited explanations in support of the commenter’s recommendations. DATES: Written comments must be public comment on the adequacy of the Comments received after the time received by 4 p.m., c.s.t., October 31, amendment. The public comment indicated under DATES or at locations 1995. period would have ended October 12, 1995. other than the Tulsa Field Office will ADDRESSES: Written comments should not necessarily be considered in the be mailed or hand delivered to Mr. Jack On September 23, 1995 final rulemaking or included in the R. Carson, Acting Director, Tulsa Field (Administrative Record No. TX–593.03), administrative record. Office, at the address listed below. OSM contacted Texas for clarification Copies of the Texas program, the on the amendment. Specifically, OSM IV. Procedural Determinations proposed amendment, and all written needed to know what effect Texas’ Executive Order 12866 comments received in response to this existing 25 percent of net worth notice will be available for public limitation provision at TCMR This rule is exempted from review by review at the addresses listed below § 806.309(j)(5)(A) would have on the the Office of Management and Budget during normal business hours, Monday proposed 162⁄3 percent net worth (OMB) under Executive Order 12866 through Friday, excluding holidays. limitation provision at TCMR (Regulatory Planning and Review). Each requester may receive one free § 806.309(j)(2)(C)(iv)(II)(C). TCMR Executive Order 12778 copy of the proposed amendment by § 806.309(j)(5)(A) limits the total contacting OSM’s Tulsa Field Office. amount of the applicant’s outstanding The Department of the Interior has Jack R. Carson, Acting Director, Tulsa and proposed self-bonds for surface coal conducted the reviews required by Field Office, Office of Surface Mining mining and reclamation operations to 25 section 2 of Executive Order 12778 Reclamation and Enforcement, 5100 percent of the applicant’s tangible net (Civil Justice Reform) and has East Skelly Drive, Suite 470, Tulsa, worth in the United States. While TCMR determined that, to the extent allowed Oklahoma, 74135–6547, Telephone: § 806.309(j)(2)(C)(iv)(II)(C) limits the by law, this rule meets the applicable (918) 581–6430. total amount of the applicant’s standards of subsections (a) and (b) of Railroad Commission of Texas, Surface outstanding and proposed self-bonds for that section. However, these standards Mining and Reclamation Division, surface coal mining and reclamation are not applicable to the actual language 2 1701 North Congress Avenue, P.O. operations to 16 ⁄3 percent of the of State regulatory programs and Box 12967, Austin, Texas, 78711– applicant’s net worth in the United program amendments since each such 2967, Telephone: (512) 463–6900. States. program is drafted and promulgated by FOR FURTHER INFORMATION CONTACT: Mr. On September 25, 1995, Texas a specific State, not by OSM. Under Jack R. Carson, Acting Director, Tulsa clarified its proposed provision at sections 503 and 505 of SMCRA (30 Field Office, Telephone: (918) 581– TCMR 806.309(j)(2)(C)(iv)(II)(C) by U.S.C. 1253 and 1255) and the Federal 6430. submitting a revised amendment regulations at 30 CFR 730.11, 732.15, package (Administrative Record No. and 732.17(h)(10), decisions on SUPPLEMENTARY INFORMATION: TX–593.02). Specifically, Texas proposed State regulatory programs and I. Background on the Texas Program proposes to add the following new program amendments submitted by the provision at TCMR 806.309(j)(2)(C)(iv). States must be based solely on a On February 16, 1980, the Secretary of The limitation contained in subparagraph determination of whether the submittal the Interior conditionally approved the is consistent with SMCRA and its Texas program. General background (II)(C) of this section applies to applicants or guarantors qualifying pursuant to implementing Federal regulations and information on the Texas program, whether the other requirements of 30 including the Secretary’s findings, the subparagraph (II) only and does not affect the limitation set out in Section 806.309(j)(5)(A) CFR Parts 730 731, and 732 have been disposition of comments, and the met. conditions of approval, can be found in for applicants or guarantors seeking the February 27, 1980, Federal Register acceptance of a self-bond pursuant to National Environmental Policy Act (45 FR 12998). Subsequent actions paragraphs i–iii or subparagraph (I) of this concerning the Texas program section. No environmental impact statement is required for this rule since section amendments can be found at 30 CFR III. Public Comment Procedures 943.10, 943.15, and 943.16. 702(d) of SMCRA (30 U.S.C. 1292(d)) OSM is reopening the comment provides that agency decisions on II. Proposed Amendment period on the proposed Texas program proposed State regulatory program By letter dated August 11, 1995 amendment to provide the public an provisions do not constitute major (Administrative Record No. TX–593), opportunity to reconsider the adequacy Federal actions within the meaning of Texas submitted a proposed amendment of the amendment in light of the section 102(2)(C) of the National to its program pursuant to SMCRA. additional materials submitted. In Environmental Policy Act (42 U.S.C. Texas submitted the proposed accordance with the provisions of 30 4332(2)(C)). amendment at its own initiative. Texas CFR 732.17(h), OSM is seeking Paperwork Reduction Act proposed to amend the Texas comments on whether the proposed Administrative Code (TAC) at 16 TAC amendment satisfies the applicable This rule does not contain 11.221, Texas Coal Mining Regulations program approval criteria of 30 CFR information collection requirements that (TCMR) § 806.309(j)(2)(C), concerning 732.15. If the amendment is deemed require approval by OMB under the the criteria for acceptance of self-bonds adequate, it will become part of the Paperwork Reduction Act (44 U.S.C. to ensure reclamation performance. Texas program. 3507 et seq.). Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53569
Regulatory Flexibility Act the proposed amendment will be held 5920–11, Vernon’s Texas Civil Statutes, The Department of the Interior has on November 13, 1995. Requests to with the exception of sections 11 (b), (c), determined that this rule will not have speak at the hearing must be received by and (d). Substantive revisions which a significant economic impact on a 4 p.m., c.s.t., on October 31, 1995. pertain to the approved Texas program substantial number of small entities ADDRESSES: Written comments and are discussed below. under the Regulatory Flexibility Act (5 requests to speak at the hearing should 1. Recodification U.S.C. 601 et seq.). The State submittal be mailed or hand delivered to Mr. Jack The substantive provisions in Article which is the subject of this rule is based R. Carson, Acting Director, Tulsa Field 5920–11, TSCMRA, sections 1 through upon counterpart Federal regulations for Office, at the address listed below. 38, with the exception of sections 3(2), which an economic analysis was Copies of the Texas program, the 3(7), 11(b)–(d), 18(d), 27(c), 34(b), and prepared and certification made that proposed amendment, a listing of any 35(4) are proposed to be recodified at such regulations would not have a scheduled public hearings, and all Chapter 134 of Title 4, Natural significant economic effect upon a written comments received in response Resources Code, TSCMRA, sections substantial number of small entities. to this document will be available for 134.001 through 134.188. Listed below Accordingly, this rule will ensure that public review at the addresses listed are the existing Article 5920–11 section existing requirements previously below during normal business hours, numbers with the new corresponding promulgated by OSM will be Monday through Friday, excluding Chapter 134 section numbers. implemented by the State. In making the holidays. Each requester may receive one free copy of the proposed determination as to whether this rule Article would have a significant economic amendment by contacting OSM’s Tulsa 5920±11 Chapter 134 Section impact, the Department relied upon the Field Office. Section data and assumptions for the Jack R. Carson, Acting Director, Tulsa counterpart Federal regulations. Field Office, Office of Surface Mining 1 ...... 134.001. Reclamation and Enforcement, 5100 2(1)±(5) ..... 134.002. List of Subjects in 30 CFR Part 943 East Skelly Drive, Suite 470, Tulsa, 2(5)(A)±(F) 134.003. 3(1) ...... 134.004(2). Intergovernmental relations, Surface Oklahoma, 74135–6547, Telephone: 3(3)±(6) ..... 134.004(3)±(6) mining, Underground mining. (918) 581–6430. 3(8)±(15) ... 134.004(8)±(15) Dated: October 3, 1995. Railroad Commission of Texas, Surface 3(16)±(18) . 134.004(18)±(20) Mining and Reclamation Division, 3(19) ...... 134.004(16) Brent Wahlquist, 1701 North Congress Avenue, P.O. 4(a) ...... 134.012(a)(1). Regional Director, Mid-Continent Regional Box 12967, Austin, Texas, 78711– 4(b) ...... 134.012(a)(2), (b)±(c). Coordinating Center. 2967, Telephone: (512) 463–6900. 4(c) ...... 134.188 [FR Doc. 95–25560 Filed 10–13–95; 8:45 am] 5 ...... 134.011. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310±05±M 6 ...... 134.013. Mr. Jack R. Carson, Acting Director, 7 ...... 134.141. Tulsa Field Office, Telephone: (918) 8(a) ...... 134.144. 30 CFR Part 943 581–6430. 8(b) ...... 134.143. 8(c) ...... 134.145. [SPATS No. TX±025±FOR] SUPPLEMENTARY INFORMATION: 8(d) ...... 134.146, 147. I. Background on the Texas Program 8(e) ...... 134.148, 149. Texas Regulatory Program 9(a) ...... 134.150. On February 16, 1980, the Secretary of 9(b) ...... 134.151. AGENCY: Office of Surface Mining the Interior conditionally approved the 10 ...... 134.152. Reclamation and Enforcement (OSM), Texas program. General background 11(a) ...... 134.051. Interior. information on the Texas program, 12(a) ...... 134.071, 073 ACTION: Proposed rule; public comment including the Secretary’s findings, the 12(b) ...... 134.072. period and opportunity for public disposition of comments, and the 13(a) ...... 134.074, 075. 13(b) ...... 134.075(c). hearing. conditions of approval can be found in 13(c) ...... 134.076. the February 27, 1980, Federal Register 13(d) ...... 134.077, 078. SUMMARY: OSM is announcing receipt of (45 FR 12998). Subsequent actions 14(a)(1)± 134.052, 012(d). a proposed amendment to the Texas concerning the Texas program can be (a)(15). regulatory program (hereinafter the found at 30 CFR 943.10, 943.15, and 14(a) (16) . 134.031(a). ‘‘Texas program’’) under the Surface 943.16. 14(b) ...... 134.031(b). Mining Control and Reclamation Act of 15(1)±(13) . 134.041. 1977 (SMCRA). The proposed II. Description of the Proposed 15(14) ...... 134.031(c) amendment consists of the Amendment 16 ...... 134.042. recodification of the Texas Surface Coal By letter dated August 24, 1995 17 ...... 134.057. Mining and Reclamation Act. The 18(a)±(b) ... 134.054(a)±(c). (Administrative Record No. TX–594), 18(c) ...... 134.055 proposed amendment is intended to Texas submitted a proposed amendment 19 ...... 134.056. reclassify and rearrange the statutes into to its program pursuant to SMCRA. 20(a) ...... 134.058, 059, 060. a format that will accommodate future Texas submitted the proposed 20(b) ...... 134.061. expansion of the law and to eliminate amendment at its own initiative. The 20(c) ...... 134.062(a). repealed, invalid, and duplicative proposed amendment concerns 20(d) ...... 134.062(b). provisions in order to make the statutes recodification of the Texas Surface Coal 20(e) ...... 134.063. more understandable and usable Mining and Reclamation Act (TSCMRA) 20(f) ...... 134.064. without altering the meaning or effect of 21(a) ...... 134.065. as enacted by Senate Bill (SB) 959, 74th 21(b) ...... 134.066, 067, 012(d). the law. Texas Legislature (1995). SB 959 21(c) ...... 134.068, 069. DATES: Written comments must be codified, with revisions, the TSCMRA at 21(d) ...... 134.070. received by 4 p.m., c.s.t., November 15, Chapter 134 of Title 4, Natural 22(a) ...... 134.079, 080, 081, 076(a). 1995. If requested, a public hearing on Resources Code, and it repealed Article 22(b) ...... 134.083. 53570 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
Article Article f. At Chapter 134, section 134.004(13) 5920±11 Chapter 134 Section 5920±11 Chapter 134 Section [existing Article 5920–11, section 3(13)], Section Section Texas is proposing to change the term ‘‘permittee’’ to ‘‘permit holder.’’ 22(c) ...... 134.082(a). 32(c)(4) ..... 134.164(b) and (d). 23(a) ...... 134.091. 32(c)(5) ..... 134.172. Accordingly, all references to 23(b) ...... 134.092(a). 32(d) ...... 134.164(a) and (b). ‘‘permittee’’ are proposed to be changed 23(b)(1)± 134.092(a) (1)±(2). 32(e) ...... 134.165, 166, 167. to ‘‘permit holder’’ throughout the (2). 32(f) ...... 134.173. recodified statutes. 23(b)(3) ..... 134.092(a)(3), 093, 094. 33(a) ...... 134.016. g. Texas proposes to change the term 23(b)(4) ..... 134.092(a)(4). 33(b) ...... 134.020, 021. ‘‘Secretary’’ to ‘‘Secretary of agriculture’’ 23(b)(5) ..... 134.092(a)(5), 095. 33(c) ...... 134.017, 018. at Chapter 134, section 134.004(16) 23(b)(6) ..... 134.092(a)(6). 33(d) ...... 134.019. [existing Article 5920–11, section 3(19)]. 23(b)(7) ..... 134.092(a)(7), 096 097. 33(e) ...... 134.022. Consequently, all references to 23(b)(8) ..... 134.092(a)(8). 34(a) ...... 134.023. ‘‘secretary’’ are proposed to be changed 23(b)(9) ..... 134.092(a)(9), 098. 35(1)±(3) ... 134.005. 23(b)(10) ... 134.092(a)(10), 099. 36 ...... 134.024. to ‘‘secretary of agriculture’’ throughout 23(b)(11) ... 134.092(a)(11). 37(a) ...... 134.006. the recodified statutes. 23(b)(12) ... 134.092(a)(12), 100. 37(b) ...... 134.110. h. Texas proposes to define ‘‘Secretary 23(b)(13) ... 134.092(a)(13), 092(b). 38 ...... 134.025. of the interior’’ as meaning ‘‘the 23(b)(14) ... 134.092(a)(14). secretary of the United States 23(b)(15) ... 134.092(a)(15), 101. 2. All references to the Texas Surface Department of the Interior.’’ 23(b)(16) ... 134.092(a)(16), 102. Coal Mining and Reclamation Act are Accordingly, all references to ‘‘the 23(b)(17)± 134.092(a)(17)±(18). proposed to be changed from ‘‘Act’’ to secretary of the United States (18). ‘‘chapter’’ throughout the recodified Department of the Interior’’ are 23(b)(19) ... 134.092(a)(19), 103. proposed to be changed to ‘‘the 23(b)(20) ... 134.092(a)(20), 104, 105. statutes. 23(b)(21) ... 134.092(a)(21). 3. All references to the secretary of the interior’’ throughout the 23(b)(22) ... 134.092(a)(22), 106. ‘‘Administrative procedure and Texas recodified statutes. 23(b)(23)± 134.092(a)(23)±(25). Register Act, as amended’’ are proposed 5. Chapter 134, Sec. 134.012 and 25. to be changed to ‘‘Chapter 2001, 134.188 (Article 5920–11, Sec. 4, as 23(c) ...... 134.107. Government Code’’ throughout the Amended by Acts 1983, 68th Legislature 23(d) ...... 134.108. recodified statutes. 23(e) ...... 134.109. and Acts 1985, 69th Legislature), 24 ...... 134.052(19), 053. 4. Chapter 134, Section 134.004 (Article Jurisdiction 25(a) ...... 134.121, 122. 5920–11, Sec. 3), Definitions At Chapter 134, section 134.012(a)(2), 25(b) ...... 134.125, 126. a. Texas is proposing to define (b), and (c) and section 134.188 [Article 25(c) ...... 134.123, 124. 5920–11, section 4(b) and (c), as 25(d) ...... 134.127. ‘‘Affected person’’ at Chapter 134, 26(a) ...... 134.128, 129. section 134.004(1), as meaning ‘‘a amended by Acts 1983, 68th Legislature 26(b) ...... 134.130, 132(a). person having an interest that is or may and Acts 1985, 69th Legislature], Texas 26(c) ...... 134.131. be affected.’’ Accordingly, all references proposes to add provisions for 26(d) ...... 134.132(b). to ‘‘a person having an interest that is jurisdiction of the commission over iron 26(e) ...... 134.133. or may be affected’’ are proposed to be ore, and iron ore gravel mining and 26(f) ...... 134.134. changed to ‘‘affected person’’ reclamation operations. Section 27(a), (d) .. 134.014. throughout the recodified statutes. 134.012(a)(2) [Article 5920–11, section 27(b) ...... 134.031(d). b. Texas is proposing to remove its 4(b), as amended] would provide for 28 ...... 134.015. definition for ‘‘Applicant’’ at existing exclusive jurisdiction over iron ore and 29(a) ...... 134.026. iron ore gravel mining and reclamation 29(b) ...... 134.029. Article 5920–11, section 3(2). Therefore, 29(c) ...... 134.027. this definition is not proposed to be operations in the State of Texas. Section 29(d) ...... 134.030. recodified. 134.012(b) [Article 5920–11, section 29(e) ...... 134.028. c. Texas is proposing to remove the (4)(b), as amended] would provide for 29(f) ...... 134.007. language ‘‘and water impoundments Chapter 134 to govern these operations 30(a) ...... 134.174. may be permitted if the commission to the extent it can be made applicable. 30(b) ...... 134.175. determines that they are in compliance Section 134.012(c) [Article 5920–11, 30(c) ...... 134.176. with Section 23(b)(8) of this Act’’ from section 4(1) and (2), as amended] would 30(d) ...... 134.178. the definition of ‘‘Approximate original provide for exceptions for iron ore and 30(e) ...... 134.179. contour,’’ which is recodified at Chapter iron ore gravel mining and reclamation 30(f) ...... 134.177. activity in progress on or before 30(g) ...... 134.181. 134, section 134.004(3) (existing Article 30(h) ...... 134.180. 5920–11, section 3(3)). September 1, 1985 or for iron ore and 31(a) ...... 134.182(a). d. Texas is proposing to remove its iron ore gravel mining operation and 31(b) ...... 134.183(a)±(c). definition for ‘‘Eligible land and water’’ reclamation activity that is conducted 31(c)(A) .... 134.183(d). at existing Article 5920–11, section 3(7). solely on real property owned in fee 31(c)(B) .... 134.182(d). Therefore, this definition is not simple by the person authorizing the 31(d)(1) ..... 134.184. proposed to be recodified. operation or reclamation activity and 31(d)(2) ..... 134.185. e. Texas is proposing to define that is confined to a single, contiguous 31(e) ...... 134.186. ‘‘Federal Act’’ at Chapter 134, section tract of land if the activity is conducted 31(f) ...... 134.187. 134.004(7), as meaning ‘‘the Surface in an area not larger than 20 acres, the 31(g) ...... 134.182(b) and (c), 184. 32(a) ...... 134.161, 163. Mining Control and Reclamation Act of depth of the mining operation is 32(b) ...... 134.162, 163. 1977 (30 U.S.C. Section 1201 et seq.).’’ restricted to 30 inches or less, and the 32(c)(1) ..... 134.168, 169. Consequently, all references to SMCRA fee simple owner receives surface 32(c)(2) ..... 134.170. are proposed to be changed to ‘‘federal damages. Section 134.188 [Article 5920– 32(c)(3) ..... 134.171. Act’’ throughout the recodified statutes. 11, section 4(c), as amended] would Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53571 provide that it is a defense to a civil or 9. Texas proposes to remove the persons requesting the hearing. If no one criminal penalty under Chapter 134 that provision at existing Article 5920–11, requests an opportunity to speak at the a person allegedly conducting an iron section 27(c), that requires persons who public hearing, the hearing will not be ore or iron ore gravel mining and conduct coal exploration operations that held. reclamation operation in violation of substantially disturb the natural land Filing of a written statement at the Chapter 134 has a written general surface in violation of its statutes or time of the hearing is requested as it warranty of ownership of land, separate rules to be subject to its civil penalty will greatly assist the transcriber. from any lease, from the person provisions. Therefore, this provision is Submission of written statements in authorizing the operation./ not proposed to be recodified at Chapter advance of the hearing will allow OSM 6. At Chapter 134, section 134.057(b) 134. officials to prepare adequate responses [existing Article 5920–11, section 17(b)], 10. Texas proposes to remove the and appropriate questions. Texas is proposing to add a new provision at existing Article 5920–11, The public hearing will continue on provision that specifies that subsection section 34(b), that requires any agency, the specified date until all persons (b) does not apply to records, reports, unit, or instrumentality of federal, state, scheduled to speak have been heard. inspection materials, or information that or local government, including any Persons in the audience who have not is confidential under section 134.031. publicly owned utility or publicly been scheduled to speak, and who wish 7. Chapter 134, Sections 134.054 and owned corporation of federal, state, or to do so, will be heard following those 134.055 (Existing Article 5920–11, local government, that proposes to who have been scheduled. The hearing Section 18, as Amended by Acts 1983, engage in surface coal mining will end after all persons scheduled to 68th Legislature and Acts 1985, 69th operations that are subject to the speak and persons present in the Legislature), Application Fees requirements of TSCMRA to comply audience who wish to speak have been with all provisions of TSCMRA. heard. a. At Chapter 134, section 134.054(b) Therefore, this provision is not Any disabled individual who has [Article 5920–11, section 18(b), as proposed to be recodified at Chapter need for a special accommodation to amended (old section 18(a)], Texas 134. attend a public hearing should contact proposes to change its minimum initial 11. Texas proposes to remove the the individual listed under FOR FURTHER application fee for a permit from $1,000 provision at existing Article 5920–11, INFORMATION CONTACT. to $5,000, require a minimum section 35(4), that exempts from the application fee of $3,000 for renewal of provisions of TSCMRA the extraction of Public Meeting a permit, and require a minimum coal incidental to the extraction of other If only one person requests an application fee of $500 for revision of a minerals where the coal does not exceed opportunity to speak at a hearing, a permit. 2 16 ⁄3 percent of the total tonnage of coal public meeting, rather than a public b. Texas proposes to remove the and other minerals removed annually hearing, may be held. Persons wishing provision at Article 5920–11, section for purposes of commercial use or sale to meet with OSM representatives to 18(d), as amended (old section 18(b)), or coal explorations subject to TSCMRA. discuss the proposed amendment may that requires an application fee to be Therefore, this provision is not request a meeting by contacting the deposited in the state treasury and proposed to be recodified at Chapter person listed under FOR FURTHER credited to the general revenue fund. 134, section 134.005. INFORMATION CONTACT. All such meetings Therefore, this provision is not will be open to the public and, if proposed to be recodified at Chapter III. Public Comment Procedures possible, notices of meetings will be 134. In accordance with the provisions of posted at the locations listed under c. At Chapter 134, section 134.054(c) 30 CFR 732.17(h), OSM is seeking ADDRESSES. A written summary of each [Article 5920–11, section 18(b), as comments on whether the proposed meeting will be made a part of the amended], Texas proposes to allow amendment satisfies the applicable Administrative Record. initial application fees and renewal program approval criteria of 30 CFR application fees to be paid in equal 732.15. If the amendment is deemed IV. Procedural Determinations annual installments during the term of adequate, it will become part of the Executive Order 12866 the permit. Texas program. d. Texas proposes to add a new This rule is exempted from review by provision at Chapter 134, section Written Comments the Office of Management and Budget 134.055 [Article 5920–11, section 18(c), Written comments should be specific, (OMB) under Executive Order 12866 as amended], that requires a permit pertain only to the issues proposed in (Regulatory Planning and Review). holder to pay the commission an annual this rulemaking, and include Executive Order 12778 fee, in an amount determined by the explanations in support of the commission, for each acre of land in the commenter’s recommendations. The Department of the Interior has permit area on which the permit holder Comments received after the time conducted the reviews required by actually conducted operations for indicated under DATES or at locations section 2 of Executive Order 12778 removing coal during the year; the fee other than the Tulsa Field Office will (Civil Justice Reform) and has is due by March 15 of the year following not necessarily be considered in the determined that, to the extent allowed the year of the removal operations; and final rulemaking or included in the by law, this rule meets the applicable the minimum fee is $120 an acre. Administrative Record. standards of subsections (a) and (b) of 8. Texas proposes to remove the that section. However, these standards provision in existing Article 5920–11, Public Hearing are not applicable to the actual language section 21(c), that requires an applicant Persons wishing to speak at the public of State regulatory programs and to file a schedule listing notices of hearing should contact the person listed program amendments since each such violation ‘‘of any department or agency under FOR FURTHER INFORMATION program is drafted and promulgated by in the United States.’’ Therefore, this CONTACT by 4:00 p.m., c.s.t., on October a specific State, not by OSM. Under provision is not proposed to be 31, 1995. The location and time of the sections 503 and 505 of SMCRA (30 recodified at Chapter 134. hearing will be arranged with those U.S.C. 1253 and 1255) and 30 CFR 53572 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
730.11. 732.15, and 732.17(h)(10), FEDERAL MARITIME COMMISSION In comments on the proposed rule in decisions on proposed State regulatory Docket 94–07, the State of Hawaii programs and program amendments 46 CFR Part 552 (‘‘Hawaii’’) argued that the proposed submitted by the States must be based [Docket No. 95±15] BTWACC methodology would require solely on a determination of whether the that all interested parties have access to submittal is consistent with SMCRA and Availability of the Annual Financial and complete and accurate information its implementing Federal regulations Operating Statements Filed by regarding a carrier’s financing and and whether the other requirements of Domestic Offshore Carriers capitalization. Hawaii pointed out that 30 CFR Parts 730, 731, and 732 have the comparable earnings test, which was AGENCY: Federal Maritime Commission. previously required to be used, does not been met. ACTION: Notice of Proposed Rulemaking. rely on company-specific data because it National Environmental Policy Act uses a cost of capital estimate based on SUMMARY: The Federal Maritime the rate of return of U.S. manufacturing Commission proposes amending its No environmental impact statement is firms in general. However, under the regulations governing the availability of required for this rule since section BTWACC methodology, Hawaii noted the annual financial and operating 702(d) of SMCRA (30 U.S.C. 1292(d)) that carriers would be using company- statements filed by vessel-operating provides that agency decisions on specific data to compute their cost of common carriers by water in the proposed State regulatory program capital and thus any meaningful rebuttal domestic offshore trades. Comments are would require access to such provisions do not constitute major sought on a proposal to allow access to information. Hawaii concluded Federal actions within the meaning of the annual statements by the attorneys therefore that: ‘‘The Commission’s section 102(2)(C) of the National general of the non-contiguous states, current ruling that a carrier’s annual Environmental Policy Act (42 U.S.C. territories, and possessions having ports financial report need not be made 4332(2)(C)). in the trade served by the carrier. The available to all parties, places the parties proposed rule addresses a comment Paperwork Reduction Act at a disadvantage because it is made in a prior proceeding by the State impossible to present meaningful of Hawaii, and is intended to improve This rule does not contain rebuttal testimony without a carrier’s parties’ access to the information while information collection requirements that cost of capital data.’’ (Hawaii Initial avoiding harm to a regulated carrier’s require approval by OMB under the Comments at 5). competitive position. Paperwork Reduction Act (44 U.S.C. The Commission’s current regulations 3507 et seq.). DATES: Comments due November 15, require the domestic offshore carriers to 1995. Regulatory Flexibility Act file financial and operating data under ADDRESSES: Comments (original and two circumstances—annually within The Department of the Interior has fifteen copies) to: Joseph C. Polking, 150 days after the close of the carrier’s determined that this rule will not have Secretary, Federal Maritime fiscal year and in support of any general Commission, 800 North Capitol Street, a significant economic impact on a rate increases. The annual statement of N.W., Washington D.C. 20573–0001, substantial number of small entities financial and operating data consists of 202–523–5725. under the Regulatory Flexibility Act (5 a rate base exhibit and supporting FOR FURTHER INFORMATION CONTACT: U.S.C. 601 et seq.) The State submittal schedules, an income account exhibit Anne M. McAloon, Bureau of and supporting schedules, and a rate of which is the subject of this rule is based Economics and Agreement Analysis, return exhibit and supporting upon counterpart Federal regulations for Federal Maritime Commission, 800 schedules. The annual statement is to be which an economic analysis was North Capitol Street, N.W., accompanied by a company wide prepared and certification made that Washington D.C. 20573–0001, 202– balance sheet and income statement. such regulations would not have a 523–5790 The Commission’s regulations, at 46 significant economic effect upon a C. Douglass Miller, Office of the General CFR 552.4(c), protect the carriers’ substantial number of small entities. Counsel, Federal Maritime annual reports from public disclosure Accordingly, this rule will ensure that Commission, 800 North Capitol and treats them as confidential existing requirements previously Street, N.W., Washington D.C. 20573– information in the files of the promulgated by OSM will be 0001, 202–523–5740 Commission. implemented by the State. In making the SUPPLEMENTARY INFORMATION: On In support of general rate increases, determination as to whether this rule September 5, 1995, the Federal domestic offshore carriers are required would have a significant economic Maritime Commission (‘‘FMC’’ or to file, pursuant to 46 CFR 552.2(f), the impact, the Department relied upon the ‘‘Commission’’) published a final rule in following material: an actual midyear data and assumptions for the FMC Docket No. 94–07, Financial rate base exhibit and supporting counterpart Federal regulations. Reporting Requirements and Rate of schedules for a twelve-month period Return Methodology in the Domestic commencing not more than fifteen List of Subjects in 30 CFR Part 943 Offshore Trades (‘‘Docket 94–07’’), months prior to the proposed increase; which amended the provisions a projected midyear rate base exhibit Intergovernmental relations, Surface governing carriers’ financial reporting and supporting schedules for a twelve- mining, Underground mining. requirements and rate of return month period commencing on the first Dated: October 3, 1995. methodology in the domestic offshore day of the month following the date on Brent Wahlquist, trades (60 FR 46047). Among other which the proposed increase will things, the rule changed the method of become effective; a projected income Regional Director, Mid-Continent Regional determining the reasonableness of a Coordinating Center. account exhibit and supporting carrier’s return on rate base from the schedules for the same period as the [FR Doc. 95–25561 Filed 10–13–95; 8:45 am] comparable earnings test to the before- projected midyear rate base exhibit; BILLING CODE 4310±05±M tax weighted average cost of capital actual and projected rate of return methodology (‘‘BTWACC’’). exhibits; and associated workpapers. In Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53573 the event the general increase in rates is attorneys general of noncontiguous Authority: 5 U.S.C. 553; 46 U.S.C. app. filed within six months of the end of the states, commonwealths, possessions or 817(a), 820, 841(a), 843, 844, 845, 845a and carrier’s fiscal year, the regulated carrier territories having ports in the relevant 847. may submit its annual report in lieu of trade served by the regulated carrier. 2. In § 552.4 a new paragraph (d) is the actual and projected income account The government officers and employees added to read as follows. exhibit. In addition, Rule 67 of the given access to the annual statements Commission’s Rules of Practice and would be required to certify to the § 552.4 Access to and audit of records Procedure, 46 CFR 502.67, requires the Commission that the information will * * * * * carrier to file, under oath, testimony and not be disclosed to the public and will (d). The annual statements filed by exhibits constituting its direct case. only be used in connection with the carriers with the Commission may Both the material submitted pursuant to analyzing the allowable rate of return be obtained from the Commission by the 46 CFR 552.2(f) and the testimony and for the regulated carrier in FMC attorneys general of every exhibits submitted pursuant to Rule 67 proceedings. This should allow entities noncontiguous State, Commonwealth, (which includes the 46 CFR 552.2(f) charged with protecting consumer possession or territory having ports in material) are public. welfare access to complete financial the relevant trade that are served by the The Commission has traditionally information concerning the carrier, carrier, and the employees of such recognized that disclosing the while at the same time avoiding harm to attorneys general, upon the submission information contained in the domestic the regulated carrier. of the following certification, under offshore carriers’ annual reports (FMC oath, to the Commission: Forms 377 and 378) to third parties may Commenters on this proposal are cause harm to the regulated carrier’s directed to specifically address the CERTIFICATION competitive position. However, given necessity of obtaining the information I, (Name and title if applicable), of (Full the changes to the rate of return contained in the carriers’ annual reports name of entity), having been duly sworn, methodology made in Docket 94–07, the and whether that information may be certify that the annual statements of (Name Commission believes that Hawaii’s obtained from other sources. of Carrier) will be used solely in order to prepare protests to the Federal Maritime statement merits further consideration. The Federal Maritime Commission Commission (‘‘FMC’’) or to participate in For example, the BTWACC certifies pursuant to section 605(b) of FMC proceedings relating to (Name of methodology prescribes the use of a the Regulatory Flexibility Act, 5 U.S.C. Carrier) and that their contents will not be proxy group to determine the cost of 605(n), that this rule will not have a disclosed to any person who has not signed, common-stock equity for a company significant economic impact on a under oath, a certification in the form that does not issue its own common- substantial number of small entities, prescribed, which has been filed with the stock equity, and requires selection including small businesses, small Federal Maritime Commission, unless public criteria for proxy group members which organizational units and small disclosure is specifically authorized by an order of the Commission or the presiding are based on information that may be government jurisdictions. The rule is available only from the annual reports officer in an FMC proceeding. procedural only and will provide Signature: llllllllllllllll (e.g., annual income in the trade). certain parties with more complete Date: llllllllllllllllll Further, proxy group selection would information upon which to base a Signed and sworn before me this llll most probably require historical protest under section 3 of the day of lllll, 19lll. information beyond that accompanying Intercoastal Shipping Act, 1933, 46 Notary Public: llllllllllllll a general rate increase filing. Even if a U.S.C. app. 845. This proposed rule My Commission expires: lllllllll carrier were to include all historical does not contain a collection of By the Commission. information it used in choosing a proxy information within the meaning of the Joseph C. Polking, group, other historical annual report Paperwork Reduction Act of 1995, 44 Secretary. information might suggest a different U.S.C. 3501, et seq., as implemented by [FR Doc. 95–25581 Filed 10–13–95; 8:45 am] proxy group selection. regulations prescribed within 5 CFR BILLING CODE 6730±01±M The Commission has found that most Part 1320. Accordingly, OMB review is federal and state regulatory agencies do not required. not consider the regulated companies’ annual reports to be confidential. On the List of Subjects in 46 CFR Part 552 DEPARTMENT OF DEFENSE federal level, both the Federal Energy Regulatory Commission and the Federal Maritime carriers, Reporting and 48 CFR Parts 207, 209, 215, and 242 Communications Commission consider recordkeeping requirements, Uniform system of accounts. Defense Federal Acquisition the annual financial and operating Regulation Supplement; reports of the regulated companies as Therefore, pursuant to 5 U.S.C. 553, Precontractual Contract public information. Likewise, of those sections 18 and 43 of the Shipping Act, Administration state regulatory agencies requiring 1916, 46 U.S.C. app. 817 and 841a, and public utilities to file annual financial sections 2 and 3 of the Intercoastal AGENCY: Department of Defense (DoD). reports, the majority regard the contents Shipping Act, 1933, 46 U.S.C. app. 844 ACTION: Proposed rule with request for of those reports to be public and 845, Part 552 of Title 46, Code of comments. information.1 Federal Regulations, is proposed to be The Commission, therefore, is amended as follows: SUMMARY: The Director of Defense proposing to amend its rules to allow Procurement is proposing to amend the access to the annual reports by the PART 552ÐFINANCIAL REPORTS OF Defense Federal Acquisition Regulation VESSEL OPERATING COMMON Supplement (DFARS) to provide the 1 See ‘‘Table 59, Annual Accounting Report CARRIERS BY WATER IN THE contract administration component Forms,’’ in Utility Regulatory Policy in the United DOMESTIC OFFSHORE TRADES access to acquisition planning States and Canada Compilation 1992–1993, National Association of Utility Regulatory information, set forth the fact that costs Commissioners (‘‘NAURC’’), Washington, D.C., 1. The authority citation for Part 552 or savings related to contract 1993, pp. 126–7. continues to read as follows: administration may be considered when 53574 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules evaluating a contractor’s past requirements, or collections of PART 209ÐRESPONSIBLE performance, and establish as a contract information from offerors, contractors, PROSPECTIVE CONTRACTORS administration function the providing of or members of the public which require support to program offices and buying the approval of OMB under 44 U.S.C. 4. Section 209.103 is amended by activities in precontractual efforts 3501, et seq. adding paragraph (c) to read as follows: leading to a solicitation or award. List of Subjects in 48 CFR Parts 207, 209.103 policy. DATES: Comments on the proposed rule 209, 215, and 242 * * * * * should be submitted in writing to the (c) The additional cost of contract address shown below on or before Government procurement. Michele P. Peterson, administration and audit due to a December 15, 1995, to be considered in contractor’s performance risk may be the formulation of the final rule. Executive Editor, Defense Acquisition Regulations Council. considered in evaluating the ADDRESSES: Interested parties should contractor’s price. submit written comments to: Defense Therefore, it is proposed that 48 CFR Acquisition Regulations Council, Attn: Parts 207, 209, 215, and 242 be PART 215ÐCONTRACTING BY Mr. R.G. Layser, PDUSD(A&T)DP(DAR), amended as follows: NEGOTIATION IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telefax PART 207ÐACQUISITION PLANS 5. Section 215.605 is amended by adding immediately before paragraph number (703) 602–0350. Please cite 1. The authority citation for 48 CFR DFARS Case 95–D015 in all (c)) paragraph (b)(S–70) to read as Parts 207, 209, 215, and 242 continues follows: correspondence related to this issue. to read as follows: FOR FURTHER INFORMATION CONTACT: 215.605 Evaluation factors. Rick Layser, (703) 602–0131. Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. (b) * * * SUPPLEMENTARY INFORMATION: 2. Section 207.104 is added to read as (S–70) The costs or savings related to follows: contract administration may be A. Background considered when the contractor’s past This proposed rule amends DFARS 207.104 General procedures. performance or performance risk is Parts 207, 209, 215, and 242 to (b) The planner should forward the likely to result in significant costs or implement the recommendations of the requirements information to the contract savings. Department of Defense Contract administration organization when * * * * * Administration Services Reform Process assistance in identification of potential Action Team concerning involvement of sources of supply is necessary, when an PART 242ÐCONTRACT contract administration activities early existing contract is being modified or ADMINISTRATION in the acquisition process. resolicited, or when contract 6. Section 242.302 is amended by B. Regulatory Flexibility Act administration resource requirements will be affected. adding paragraph (a)(67) to read as The proposed changes to the DFARS 3. Section 207.105 is amended by follows: may have a significant economic impact revising the introductory text and 242.302 Contract administration functions. on a substantial number of small entities adding paragraph (b)(17)(D) to read as (a) * * * within the meaning of the Regulatory follows: Flexibility Act, 5 U.S.C. 601 et seq., (67) Also support program offices and because the changes specify that costs or 207.105 Contents of written acquisition buying activities in precontractual savings related to contract plans. efforts leading to a solicitation or award. administration may be considered when For acquisitions covered by * * * * * evaluating a contractor’s past 207.103(c)(i) (A) and (B), correlate the [FR Doc. 95–25346 Filed 10–13–95; 8:45 am] performance. Increased use of this plan to the DoD Future Years Defense BILLING CODE 5000±04±M evaluation factor is expected to have a Program, applicable budget beneficial impact on contractors with submissions, and the decision good past performance and a negative coordinating paper/program 48 CFR Part 215 impact on contractors with poor past memorandum, as appropriate. It is [DFARS Case 95±D006] performance. An Initial Regulatory incumbent upon the planner to Flexibility Analysis (IRFA) has been coordinate the plan with all those who Defense Federal Acquisition prepared and may be obtained from the have a responsibility for the Supplement Contracting by address stated herein. A copy of the development, management, or Negotiation IRFA has been submitted to the Chief administration of the acquisition. The Counsel for Advocacy of the Small acquisition plan should be provided to AGENCY: Department of Defense (DoD). Business Administration. Comments the contract administration organization ACTION: Proposed rule; withdrawal. from small entities concerning the to facilitate resource allocation and affected DFARS subparts will be planning for the evaluation, SUMMARY: The Department of Defense considered in accordance with Section identification, and management of has decided to withdraw a proposed 610 of the Act. Such comments must be contractor performance risk. rule published on March 24, 1995 (60 submitted separately and cite DFARS * * * * * FR 15528). The rule proposed DFARS Case 95–D015 in correspondence. (D) Contract administration. Discuss revisions to allow the head of the the level of Government administration contracting activity to determine the C. Paperwork Reduction Act anticipated or currently performed and appropriate level for approval of second The Paperwork Reduction Act does any change proposed by the contract and subsequent rounds of best and final not apply because this proposed rule administration office. offers for competitive negotiated does not impose any new (b) * * * acquisitions under other than formal recordkeeping, information collection (17) * * * source selection. Public comments Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53575 received in response to the proposed management and accounting system PART 242ÐCONTRACT rule indicated that industry did not (MMAS) standards were among the top ADMINISTRATION support the proposed DFARS revisions. ten cost drivers identified in the study 1. The authority citation for Parts 242 FOR FURTHER INFORMATION CONTACT: report. A working group was formed to and 252 continues to read as follows: Defense Acquisition Regulations evaluate the related findings and Council, Attn: Ms. Melissa D. Rider, determine what actions, if any, might be Authority: 41 U.S.C. 421 and 48 CFR PDUSD (A&T) DP (DAR), IMD 3D139, appropriate to reduce the MMAS cost Chapter 1. 3062 Defense Pentagon, Washington, DC premium. One MMAS finding pertained 2. Section 242.7202 is amended by 20301–3062, (703) 602–0131. to dollar thresholds that determine revising paragraph (d) to read as follows: Michele P. Peterson, when MMAS requirements apply to defense contractors, and to criteria that Executive Editor, Defense Acquisition 242.7202 Policy. Regulations Council. determine the degree of MMAS disclosure and demonstration required. * * * * * [FR Doc. 95–25341 Filed 10–13–95; 8:45 am] The working group determined that (d) Conforms to the standards at BILLING CODE 5000±04±M MMAS thresholds appeared to be 252.242–7004(f) when the contractor outdated due to inflation and that has cost-reimbursement of fixed-price contracts greater than the simplified 48 CFR Parts 242 and 252 disclosure, demonstration, and maintenance criteria could be more acquisition threshold in FAR part 13 with progress of other contract financing Defense Federal Acquisition objective. Another finding pertained to provisions, except when all of the Regulation Supplement; Material the language at DFARS 252.242– contracts and subcontracts are awarded Management and Accounting Systems 7004(f)(7) regarding a loan/pay-back under the set-aside or Section 8(a) (MMAS) technique for material transfers, which appeared susceptible to procedures of FAR part 19. AGENCY: Department of Defense (DoD). misinterpretation. This proposed rule 3. Section 242.7203 is revised to read ACTION: Proposed rule with request for implements the working group’s as follows: comment. recommendations pertaining to MMAS 242.7203 MMAS disclosure, requirements. demonstration, and maintenance SUMMARY: The Director of Defense requirements. Procurement is proposing to amend the B. Regulatory Flexibility Act (a) A large business contractor is Defense Federal Acquisition Regulation The proposed rule is not expected to subject to MMAS disclosure, Supplement (DFARS) to raise MMAS have a significant economic impact on demonstration, and maintenance if in its disclosure, demonstration, and a substantial number of small entities preceding fiscal year the contractor maintenance threshold requirements; within the meaning of the Regulatory received DoD prime contracts or clarify circumstances under which Flexibility Act, 5 U.S.C. 601 et seq. subcontracts (including modifications) contractors will be subject to MMAS Although the proposed rule applies to totaling— disclosure, demonstration, and small business under certain (1) $70 million or more; or maintenance; and clarify MMAS circumstances, only large businesses (2) $30 million or more (but less than provisions regarding material transfer meeting certain dollar thresholds are $70 million), and the contracting officer required to demonstrate the degree to methodologies and approved loan/pay- determines it to be in the best interests which their material management and back techniques. of the Government (e.g., contractor accounting systems conform to the DATES: Comments on the proposed rule disclosure, demonstration, or other standards contained in the proposed should be submitted in writing to the activities indicate significant MMAS rule. An Initial Regulatory Flexibility address shown below on or before problems exist). Analysis, therefore, has not been December 15, 1995, to be considered in (b) After the administrative performed. Comments from small the formulation of the final rule. contracting officer determines the entities concerning the affected DFARS ADDRESSES: Interested parties should contractor’s MMAS is adequate (see subparts will be considered in submit written comments to: Defense 242.7204(b)), written disclosure will not accordance with section 610 of the Act. Acquisition Regulations Council, Attn: be required for the next MMAS review Such comments must be submitted Mr. R. G. Layser, PDUSD (A&T) DP unless the contractor’s policies, separately and cite DFARS Case 95– (DAR), IMD 3D139, 3062 Defense procedures, or practices have changed D029 in correspondence. Pentagon, Washington, DC 20301–3062. in the interim period(s). Similarly, once Telefax number (703) 602–0350. Please C. Paperwork Reduction Act the contractor demonstrates that its cite DFARS Case 95–D029 in all The Paperwork Reduction Act does MMAS contains no significant correspondence related to this issue. not apply because the proposed rule deficiencies, demonstration FOR FURTHER INFORMATION CONTACT: does not impose recordkeeping or requirements for subsequent reviews Mr. Rick Layser, Telephone (703) 602– information collection requirements may be satisfied if internal audits are 0131. which require the approval of the Office reasonably current and contain sufficient transaction tests to SUPPLEMENTARY INFORMATION: of Management and Budget under 44 U.S.C. 3501 et seq. demonstrate MMAS compliance with A. Background each standard. List of Subjects in 48 CFR Parts 242 and The Secretary of Defense recently 252 PART 252ÐSOLICITATION commissioned a study to assess the Government procurement. PROVISIONS AND CONTRACT effect of DoD regulations on the defense CLAUSES industry, measure the impact of those Michele P. Peterson, regulations on defense industry costs, Executive Editor, Defense Acquisition 4. Section 252.242–7004 is amended and identify key cost drivers and Regulations Council. by revising paragraphs (f)(7)(i) and describe their impact on contractor Therefore, 48 CFR Parts 242 and 252 (f)(7)(iii) introductory text to read as business processes. The material are proposed to be amended as follows: follows; 53576 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
252.242±7004 Material management and FOR FURTHER INFORMATION CONTACT: Mexico and South Atlantic, and, if there accounting system. Ronald Hood, Refuge Manager, Alaska is a need, what management measures * * * * * Peninsula/Becharof National Wildlife should be imposed. If it is determined (f) * * * Refuge Complex; telephone: (907) 246– that there is a need to impose additional (7) * * * 3339. management measures, the Councils (i) The Contractor shall maintain and SUPPLEMENTARY INFORMATION: In the July may initiate a rulemaking to do so. disclose written policies describing the 17, 1995, issue of the Federal Register, Possible measures include the transfer methodology and the loan/pay- 60 FR 36576, the Service published a establishment of a limited entry back technique. proposed rulemaking that would allows program to control participation or (ii) * * * the Service to manage public uses by effort in the commercial and for-hire (iii) The system should transfer parts adopting regulations addressing off-road (charter and headboat) fisheries for Gulf and associated costs within the same vehicles, camping, and temporary group king mackerel and for the billing period. In the few instances facilities. The regulations will provide commercial fisheries for Atlantic group where this may not be appropriate, the for continued public use of the refuge king mackerel. If a limited entry Contractor may accomplish the material complex while protecting refuge program is established, the Councils are transaction using a loan/payback resources and resolving conflicts. The considering October 16, 1995, as a technique. The loan/pay-back technique Service proposed that the public possible control date. Consideration of a means that the physical part is moved comment period end on September 15, control date is intended to discourage temporarily from the contract but the 1995. Local residents, potentially new entry into the fisheries based on cost of the part remains on the contract. affected by these regulations are not economic speculation during the The procedures for the loan/pay-back available during that time to review the Councils deliberation on the issues. technique must be approved by the document and offer comments. The re- DATES: Comments must be submitted by Administrative Contracting Officer. opening of the comment period allows November 15, 1995. When the technique is used, the the opportunity to conduct public ADDRESSES: Comments should be Contractor shall have controls to meetings in the local communities at a directed to the Gulf of Mexico Fishery ensure— time when the residents will be present. Management Council, 5401 West * * * * * The comment period is therefore re- Kennedy Boulevard, Suite 331, Tampa, [FR Doc. 95–25343 Filed 10–13–95; 8:45 am] opened for an additional 45 days. FL 33609 or the South Atlantic Fishery BILLING CODE 5000±04±M Dated: September 29, 1995. Management Council, Southpark George T. Frampton, Jr., Building, One Southpark Circle, Suite 306, Charleston, SC 29407–4699. Assistant Secretary for Fish and Wildlife and DEPARTMENT OF THE INTERIOR Parks. FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–25515 Filed 10–13–95; 8:45 am] Mark Godcharles, 813-570-5305. Fish and Wildlife Service SUPPLEMENTARY INFORMATION BILLING CODE 4310±55±M : The Fishery Management Plan for the 50 CFR Part 36 Coastal Migratory Pelagic Resources of RIN 1018±AD30 DEPARTMENT OF COMMERCE the Gulf of Mexico and South Atlantic (FMP), developed by the Gulf of Mexico Public Use Regulations for the Alaska National Oceanic and Atmospheric and South Atlantic Councils, is Peninsula/Becharof National Wildlife Administration implemented through regulations at 50 Refuge Complex CFR part 642 under the authority of the 50 CFR Part 642 Magnuson Fishery Conservation and AGENCY: Fish and Wildlife Service, Management Act. For management Interior. [Docket No. 951005246±5246±01; I.D. 072895B] purposes, the FMP recognizes two ACTION: Proposed rule; reopening of migratory groups of king mackerel: The comment period. RIN 0648±AI12 Atlantic and Gulf of Mexico groups. The management area for the Gulf of Mexico SUMMARY: On July 17, 1995, the Service Fisheries for the Gulf of Mexico and migratory group (Gulf group) extends published a proposed rule in the South Atlantic Migratory Groups of from the United States/ Mexico border Federal Register (60 FR 36576), King Mackerel; Control Date to the Florida seasonal boundaries: establishing Fish and Wildlife Service Flagler/Volusia County off Florida’s regulations and implementing portions AGENCY: National Marine Fisheries northeast coast from November 1 of the ‘‘Alaska Peninsula/Becharof Service (NMFS), National Oceanic and through March 31 and Collier/Monroe National Wildlife Refuge Complex Atmospheric Administration (NOAA), County off Florida’s southwest coast Public Use Management Plan.’’ The Commerce. from April 1 through October 31. The comment period on that rulemaking ACTION: Advance notice of proposed management area for the Atlantic closed on September 15, 1995. This rule rulemaking; consideration of a control migratory group (Atlantic group) reopens the comments period for an date. extends from the Florida seasonal additional 45 days to allow additional SUMMARY: This notice announces that boundaries to the New York/ review and comment by interested the Gulf of Mexico and South Atlantic Connecticut border. groups and persons. Fishery Management Councils To rebuild overfished stocks, the Gulf DATES: Comments and materials will be (Councils) are considering whether Council has recommended accepted until October 30, 1995. there is a need to impose additional implementation of restrictive total ADDRESSES: Comments should be management measures limiting entry allowable catches (TACs) since 1985 to addressed to Regional Director, U.S. into the fisheries for the Gulf of Mexico constrain harvest of Gulf group king Fish and Wildlife Service, 1011 E. and South Atlantic migratory groups of mackerel. Recently, the South Atlantic Tudor Road, Anchorage, AK 99503, king mackerel in the exclusive Council recommended lowering the Attn: Bob Stevens. economic zone (EEZ) in the Gulf of TAC for the Atlantic group for the 1995– Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules 53577
96 fishing year to a level that provides The Gulf and South Atlantic Councils regime that does not make use of such a commercial allocation (2.7 million lb previously considered these a date. The Councils may choose to give (1.2 million kg)) that has been reached management approaches and variably weighted consideration to or exceeded in 4 of the past 9 years established a control date of July 2, 1993 fishermen active in the fisheries before under FMP quota management. Despite (58 FR 35914, July 2, 1993) for king and and after the control date. Other these restrictions, participation in the Spanish mackerel in the Gulf of Mexico qualifying criteria, such as commercial and recreational fisheries and Atlantic. The July 2, 1993, control documentation of commercial landings has continued to increase. From 1988 to date remains in effect for the Gulf and and sales and for-hire charter and 1994, the total number of vessels Atlantic groups of Spanish mackerel. headboat participation, may be applied holding Federal commercial mackerel Subsequent efforts to develop limited for entry. The Councils also may choose permits increased 102 percent, from access alternatives were delayed or to take no further action to control entry 1,280 to 2,588. The commercial fleet has deferred. or access to the fishery, in which case demonstrated capacity to harvest quotas Implementation of an effort limitation the control date may be rescinded. for the Gulf group quickly when king program for the EEZ would require Authority: 16 U.S.C. 1801 et seq. mackerel become seasonally available. preparation of an FMP amendment by The Gulf Council, with some success, both Councils and publication of a Dated: October 10, 1995. has employed area and gear allocations proposed implementing rule with a Rolland A. Schmitten, and trip limits to equitably distribute public comment period. NMFS’ Assistant Administrator for Fisheries, the king mackerel catch throughout the approval of the amendment and National Marine Fisheries Service. season among an increasing number of issuance of a final rule would also be [FR Doc. 95–25526 Filed 10–13–95; 8:45 am] participants. As a result of recent quota required. BILLING CODE 3510±22±F reductions, the South Atlantic Council As the Councils consider management is considering similar measures for the options, including limited entry or Atlantic group king mackerel. Despite access-controlled regimes, some 50 CFR Part 656 the implementation of regulations to fishermen who do not currently harvest [I.D. 092595C] control harvest and user groups, Gulf or Atlantic group king mackerel, unexpected shifts in effort and quota and have never done so, may decide to Atlantic Striped Bass Fisheries; Public distribution and early closures of Gulf enter the fishery for the sole purpose of Hearings group fisheries have required emergency establishing a record of commercial actions to avert potential negative landings or for-hire recreational AGENCY: National Marine Fisheries socioeconomic impacts. In recent years, participation. When management Service (NMFS), National Oceanic and the western zone (state and Federal authorities begin to consider use of a Atmospheric Administration (NOAA), waters off Texas, Louisiana, Mississippi, limited access management regime, this Commerce. and Alabama) quota has been taken in kind of speculative entry often is ACTION: Notice of additional public about 3 months (July through responsible for a rapid increase in hearing; request for comments. September), and this year it was taken fishing effort in fisheries that are already by September 4, 1995, just over two fully developed or overdeveloped. The SUMMARY: On September 29, 1995, months after the July 1 fishery opening. original fishery problems, such as NMFS announced two public hearings The two newly established gear quotas overcapitalization or overfishing, may to receive comments from fishery for the Florida west coast sub-zone for be exacerbated by the entry of new participants and other members of the the Gulf group also are taken quickly. participants. public regarding proposed regulations The gillnet quota (432,500 pounds) was In order to avoid this problem, if on the harvest and possession of striped taken last season in less than 3 weeks management measures to limit bass in the exclusive economic zone of in January after migrating fish became participation or effort in the fishery are the Atlantic Ocean from Maine through available on south Florida’s determined to be necessary, the North Carolina. NMFS now is overwintering grounds. Also, the hook- Councils are considering October 16, announcing that it intends to hold one and-line quota (432,500 lb (196,179 kg)) 1995, as the control date. After that date, additional public hearing. was taken mostly off northwest Florida anyone entering the commercial or for- To accommodate people unable to early in the season as a result of an hire (charter and headboat) fisheries for attend a hearing who wish to provide unexpected increase in fishing effort. Gulf group king mackerel or the additional comments, NMFS also has Subsequently, the fishery was closed commercial fishery for Atlantic group solicited written comments on the December 20, 1994, before king king mackerel may not be assured of proposed rule. mackerel migrated to traditional fishing future participation in the respective DATES: Written comments on the grounds off southwest Florida. To avert fishery if a management regime is proposed rule must be received on or socioeconomic hardships among developed and implemented limiting before October 27, 1995. The hearings southwest Florida participants, the the number of fishery participants. are scheduled as follows: fishery was reopened by emergency Consideration of a control date does 1. October 12, 1995, 7 to 9 p.m., rulemaking from February 1–21 with a not commit the Councils or NMFS to Manteo, NC 300,000-lb (136,078–kg) supplemental any particular management regime or 2. October 16, 1995, 7 to 9 p.m., Toms quota. criteria for entry into the fisheries for River, NJ In 1995, the Gulf Council’s industry Gulf or Atlantic group king mackerel. 3. October 25, 1995, 7 to 9 p.m., advisory panel requested that the Gulf Fishermen are not guaranteed future Plymouth, MA Council consider a long-term solution to participation in these fisheries ADDRESSES: Written comments should management problems resulting from regardless of their entry date or intensity be sent to William Hogarth, Office of increased participation in the fishery. of participation in these fisheries before Fisheries Conservation and Management The panel suggested development of or after the control date under (F/CM), NMFS, 1315 East-West limited access alternatives, and the Gulf consideration. The Councils may Highway, Silver Spring, MD 20910. Council’s Socioeconomic Panel also subsequently choose a different control Clearly mark the outside of the envelope recommended a limited access program. date or they may choose a management ‘‘Atlantic Striped Bass Comments.’’ 53578 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Proposed Rules
The hearings will be held at the SUPPLEMENTARY INFORMATION: The initial sign language interpretation or other following locations: hearing announcement was published auxiliary aids for the Plymouth, MA 1. Manteo—North Carolina Aquarium, on September 29, 1995 (60 FR 50540). public hearing should be directed to A complete description of the Roanoke Island, Manteo, NC 27954 William Hogarth by October 20, 1995 measures, and the purpose and need for (see ADDRESSES). 2. Toms River—Ocean County the proposed action, is contained in the Authority: 16 U.S.C. 1851 note. Administration Building, 101 Hooper proposed rule published September 27, Ave., Room 119, Toms River, NJ 08754 1995 (60 FR 49821), and is not repeated Dated: October 10, 1995. 3. Plymouth—Plymouth N. High here. A copy of the proposed rule may Richard H. Schaefer, School, Obery Street, Plymouth, MA be obtained by writing (see ADDRESSES) Director, Office of Fisheries Conservation and 02360 or calling the contact person (see FOR Management, National Marine Fisheries FURTHER INFORMATION CONTACT). Service. FOR FURTHER INFORMATION CONTACT: The hearings are physically accessible [FR Doc. 95–25517 Filed 10–10–95; 4:53 pm] William Hogarth at 301–713–2339. to people with disabilities. Requests for BILLING CODE 3510±22±F 53579
Notices Federal Register Vol. 60, No. 199
Monday, October 16, 1995
This section of the FEDERAL REGISTER to constitute legal evidence that the Decisions by the Sitka District Ranger, contains documents other than rules or agency has given timely and Chatham Area of the Tongass National proposed rules that are applicable to the constructive Notice of Proposed Actions Forest public. Notices of hearings and investigations, and Notice of Decisions Subject to ‘‘Daily Sitka Sentinel,’’ published committee meetings, agency decisions and Administrative Appeal. As provided at rulings, delegations of authority, filing of daily except Saturday, Sunday, and petitions and applications and agency 36 CFR 215.6, the timeframe for public official holidays in Sitka, Alaska. statements of organization and functions are comment on proposed actions shall be examples of documents appearing in this based on the date of publication of a Decisions by all Deciding Officers of the section. Notice of Proposed Action in the Ketchikan Area of the Tongass National primary newspaper. As provided at 36 Forest CFR 215.13, the timeframe for appeal ‘‘Ketchikan Daily News,’’ published DEPARTMENT OF AGRICULTURE shall be based on the date of publication daily except Sunday and official of a Notice of Decision in the primary holidays in Ketchikan, Alaska. Forest Service newspaper. Decisions by the Stikine Area Forest Alaska Region; Legal Notices Required Decisions by the Regional Forester Supervisor and the Petersburg District Under 36 CFR Part 215 Ranger, Stikine Area of the Tongass ‘‘Juneau Empire,’’ published daily National Forest AGENCY: USDA Forest Service, USDA. except Saturday and official holidays in ACTION: Notice. Juneau, Alaska, for decisions affecting ‘‘Petersburg Pilot,’’ published weekly National Forest System lands in the in Petersburg, Alaska. SUMMARY: In accordance with 36 CFR State of Alaska and for any decision of Decisions by the Wrangell District Part 215, Deciding Officers in the Alaska Region-wide impact. ‘‘Anchorage Daily Region will publish Notices of Proposed Ranger, Stikine Area of the Tongass News,’’ published daily in Anchorage, National Forest Actions and Notices of Decisions Alaska, for decisions affecting National Subject to Administrative Appeal in the Forest System lands in the State of ‘‘Wrangell Sentinel,’’ published Legal Notice Section of the newspapers Alaska and for any decisions of Region- weekly in Wrangell, Alaska. listed in the Supplementary Information wide impact. Dated: October 3, 1995. Section of the Notice. As provided in 36 Phil Janik, CFR 215.5, such notices shall constitute Decisions by the Chugach Forest legal evidence that the agency has given Supervisor and the Glacier District Regional Forester. timely and constructive Notice of Ranger, Chugach National Forest [FR Doc. 95–25496 Filed 10–3–95; 8:45 am] Proposed Actions and Notice of BILLING CODE 3410±11±M Decisions Subject to Administrative ‘‘Anchorage Daily News,’’ published Appeal. Newspaper publication of daily in Anchorage, Alaska. Pine Creek Evaporation Pond Notices of Proposed Actions and Decisions by the Cordova District Notices of Decisions is in addition to Ranger, Chugach National Forest AGENCY: Forest Service, USDA. direct notice to persons who have ACTION: Notice of intent to prepare an ‘‘Anchorage Daily News,’’ published requested notice in writing and to Environmental Impact Statement. persons known to be interested in or daily in Anchorage, Alaska. ‘‘Cordova affected by a specific proposal or Times,’’ published weekly in Cordova, SUMMARY: The Department of decision. Alaska. Agriculture, Forest Service, will prepare DATES: Use of these papers for purposes Decisions by the Seward District an environmental impact statement for of publishing Legal Notices of Proposed Ranger, Chugach National Forest a proposal to construct a 115 acre foot Actions and Notices of Decisions evaporation pond on a Federal mill site Subject to Administrative Appeal shall ‘‘Anchorage Daily News,’’ published claim in Pine Creek, Inyo County, begin October 2, 1995. daily in Anchorage, Alaska. ‘‘Seward California. The agency invites written FOR FURTHER INFORMATION CONTACT: Phoenix Log,’’ published weekly in comments and suggestions on the scope Cherie Shelley, Regional Appeals Seward, Alaska. ‘‘Peninsula Clairion,’’ of the analysis. In addition, the agency Coordinator, Alaska Region, USDA published daily except Saturday, gives notice of the full environmental Forest Service, EPB, P.O. Box 21628, Sunday, and official holidays in Kenai, analysis and decision-making process Juneau, Alaska 99802, Telephone (907) Alaska. that will occur on the proposal so that interested and affected people are aware 586–8855. Decisions by the Chatham Area Forest SUPPLEMENTARY INFORMATION: Deciding of how they may participate and Supervisor, the Yakutat District contribute to the final decision. Officers in the Alaska Region will give Ranger, the Hoonah District Ranger, the DATES: Legal Notices of Proposed Actions and Juneau District Ranger, and the Comments concerning the scope Notices of Decisions Subject to Admiralty National Monument Ranger, of the analysis must be received by Administrative Appeal in the following Chatham Area of the Tongass National November 1, 1995. newspapers which are listed by Forest Forest ADDRESSES: Submit written comments Service administrative unit. Where more and suggestions concerning the scope of than one newspaper is listed for any ‘‘Juneau Empire,’’ published daily the analysis to Dennis W. Martin, Forest unit, the first newspaper listed is the except Saturday and official holidays in Supervisor, Inyo National Forest, 873 N. primary newspaper which shall be used Juneau, Alaska. Main Street, Bishop, California 93514. 53580 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
FOR FURTHER INFORMATION CONTACT: review of the proposal so that it is Seed Orchard Pest Management Direct questions about the proposed meaningful and alerts an agency to the Program in the Oconto River Seed action and environmental impact reviewers position and contentions. Orchard, Nicolet National Forest, statement to Vernon McLean, Forest Vermont Yankee Nuclear Power Corp. v. Oconto County, WI Geologist, Inyo National Forest, 873 N. NRDC, 435 U.S. 519, 553 (1978). Also, Main Street, Bishop, California 93514, environmental objections that could be AGENCY: Forest Service, USDA. phone 619–873–2424. raised at the draft environmental impact ACTION: Notice; intent to prepare SUPPLEMENTARY INFORMATION: U.S. statement stage but that are not raised environmental impact statement. until after completion of the final Tungsten Corporation has submitted a SUMMARY: The Department of environmental impact statement may be plan of operations, as directed by 36 Agriculture, Forest Service, will prepare CFR 228, to construct an evaporation waived or dismissed by the courts. City a draft and final environmental impact pond on a Federal mill site. The of Angoon v. Hodel, 803 F.2d 1016, statement (EIS) on a proposed action to evaporation pond will facilitate meeting 1022 (9th Cir. 1986) and Wisconsin develop an integrated pest management water quality requirements while Heritages, Inc. v. Harris, 490 F. Supp. program at the Oconto River Seed increasing production from the U.S. 1334, 1338 (E.D. Wis. 1980). Because of Orchard near White Lake, Wisconsin. Tungsten facility. these court rulings, it is very important The Forest Service invites written In preparing the environmental that those interested in this proposed comments on the scope of the analysis. impact statement, the Forest Service action participate by the close of the 45 In addition, the Forest Service gives will identify and consider a range of day comment period so that substantive notice of the environmental analysis alternatives for this site. One of these comments and objections are made and decisionmaking process that will will be no construction of the pond. available to the Forest Service at a time occur on the proposed action so that Dennis W. Martin, Forest Supervisor, when it can meaningfully consider them interested and affected people are aware Inyo National Forest, Bishop, California, and respond to them in the final of how they may participate and is the responsible official. environmental impact statement. contribute to the final decision. The Forest Service is seeking To assist the Forest Service in DATE: Comments concerning the scope information, comments, and assistance identifying and considering issues and of the analysis should be received in from Federal, State, and local agencies concerns on the proposed action, writing, on or before November 15, and other individuals or organizations comments on the draft environmental 1995, to ensure timely consideration. who may be interested in or affected by impact statement should be as specific the proposed action. This input will be ADDRESS: Send written comments to: as possible. It is also helpful if Seed Orchard EIS Project, Oconto River used in preparation of the draft comments refer to specific pages or environmental impact statement (DEIS). Seed Orchard, 18100 Saul’s Spring chapters of the draft statement. Road, White Lake, WI 54491. The scoping process includes: (1) Comments may also address the Identifying potential issues; (2) FOR FURTHER INFORMATION CONTACT: adequacy of the draft environmental Bill Sery, Oconto River Seed Orchard Identifying issues to be analyzed in impact statement or the merits of the depth; (3) Eliminating insignificant Manager, (715) 276–7400. alternatives formulated and discussed in issues or those which have been covered SUPPLEMENTARY INFORMATION: the statement. Reviewers may wish to The by a relevant previous environmental Oconto River Seed Orchard is managed refer to the Council on Environmental analysis; (4) Exploring additional for the production of Jack pine, white Quality Regulations for implementing alternatives; (5) Identifying potential pine, red pine, white spruce, black the procedural provisions of the environmental effects of the proposed spruce, and tamarack seed. The seed is National Environmental Policy Act at 40 action and alternatives (i.e, direct, used to produce seedlings for the CFR 1503.3 in addressing these points. indirect, and cumulative effects and National Forests in the Lake States connected actions); (6) Determining After the comment period ends on the region. The primary objective of the potential cooperating agencies and task DEIS, the comments will be analyzed orchard is to produce seed of high assignments. and considered by the Forest Service in quality and sufficient quantity to meet The draft environmental impact preparing the final environmental Forest Service needs. A portion of the statement (DEIS) is expected to be filed impact statement (FEIS). The FEIS is seed orchard is under management of a with the Environmental Protection scheduled to be completed by special use permit for the production of Agency (EPA) and to be available for September 1996. The Forest Service is agricultural crops and seed. Use of public review by October 31, 1995. At required to respond in the FEIS to the current pest management technology that time EPA will publish a notice of comments received (40 CFR 1503.4). and products is necessary in order to availability of the DEIS in the Federal The responsible official will consider achieve these goals. Register. the comments, responses, disclosure of The Forest Service will conduct an The comment period on the draft environmental consequences, and environmental analysis to determine environmental impact statement will be applicable laws, regulations, and what type of integrated pest 45 days from the date the policies in making a decision regarding management program will be used at the Environmental Protection Agency’s this proposal. The responsible official Oconto River Seed Orchard near White notice of availability appears in the will document the decision and Lake, Wisconsin, to produce seed for the Federal Register. rationale in the Record of Decision. That National Forests in Wisconsin, The Forest Service believes, at this decision will be subject to appeal under Michigan, and Minnesota, and to protect early stage, it is important to give 36 CFR 215. agricultural investments. The pest reviewers notice of several court rulings Dated: October 6, 1995. management practices that will be related to public participation in the analyzed include, but are not limited to, environmental review process. First, Dennis W. Martin, control of unwanted vegetation by reviewers of draft environmental impact Forest Supervisor. mechanical and chemical methods; statements must structure their [FR Doc. 95–25484 Filed 10–13–95; 8:45 am] control of diseases using sanitation and participation in the environmental BILLING CODE 3410±11±M biological control organisms; control of Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53581 insect pests with biological and review by August of 1996. At that time, The responsible official will consider chemical insecticides, and use of EPA will publish a notice of availability the comments and responses; sanitation; and control of animal pests of the draft environmental impact environmental consequences discussed through mechanical and preventative statement in the Federal Register. in the environmental impact statement; measures. The comment period on the draft and applicable laws, regulations, and In preparing the environmental environmental impact statement will be policies in making a decision regarding impact statement, the Forest Service 45 days from the date the EPA’s notice this proposal. The decision and reasons will identify and consider a range of of availability appears in the Federal for the decision will be documented in alternative pest management programs. Register. the Record of Decision. That decision One alternative will be no action. The Forest Service believes, at this will be subject to appeal in accordance Another alternative will be a pest early stage, it is important to give with 36 CFR part 217. management program without the use of reviewers notice of several court rulings Jack G. Troyer, Forest Supervisor, chemical pesticides. Other alternatives related to public participation in the Nicolet National Forest, in Wisconsin, is will be pest management programs environmental review process. First, the responsible official. comprised of various combinations of reviewers of draft environmental impact Dated: October 2, 1995. control methods. statements must structure their Jack G. Troyer, Public participation will be especially participation in the environmental Forest Supervisor. important at several points during the review of the proposal so that it is analysis. The first point is during the meaningful and alerts an agency to the [FR Doc. 95–25497 Filed 10–13–95; 8:45 am] scoping process (40 CFR 1501.7), which reviewer’s position and contentions. BILLING CODE 3410±11±M includes: Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, 1. Defining the scope of the analysis and Sequoia National Forest nature of the decision to be made. environmental objections that could be 2. Identifying the issues and determining raised at the draft environmental impact AGENCY: Forest Service, USDA. the significant issues for consideration and statement stage but that are not raised ACTION: Notice of intent. analysis within the environmental impact until after completion of the final statement. environmental impact statement may be SUMMARY: The Forest Service will 3. Defining the proper make-up of the waived or dismissed by the courts. City interdisciplinary team. prepare an Environmental Impact 4. Exploring possible alternatives. of Angoon v. Hodel, 803 F.2d 1016, Statement (EIS) on a proposed 5. Identifying potential environmental 1022 (9th Circuit, 1986) and Wisconsin Amendment to the Land and Resource effects. Heritages, Inc. v. Harris, 490 F. Supp. Management Plan (LRMP) to clarify the 6. Determining potential cooperating 1334, 1338 (E.D. Wis. 1980). Because of standards and guidelines under which agencies. these court rulings, it is very important commercial livestock grazing may be 7. Identifying groups or individuals that those interested in this proposed managed on the Sequoia National interested or affected by the decision. action participate by the close of the Forest, Tulare County, California. comment period so that substantive The Forest Service will be seeking ADDRESSES: Submit written comments comments and objections are made information, comments, and assistance and suggestions to the responsible available to the Forest Service at the from Federal, State, and local agencies official Del A. Pengilly, Acting Forest time when it can meaningfully consider and other individuals or organizations Supervisor, Sequoia National Forest, them and respond to them in the final interested in or affected by the proposed 900 W. Grand Avenue, Porterville, environmental impact statement. action. California 93257–2035. Public participation will be solicited To assist the Forest Service in by notifying in person and/or by mail identifying and considering issues and FOR FURTHER INFORMATION CONTACT: known interested and affected publics concerns on the proposed action, Direct questions about the proposed and key contacts of the scope of the comments on the draft environmental Amendment to Julie Allen, Land analysis. In addition, news releases will impact statement should be as specific Management Planning Officer, Sequoia be used to give the public general as possible. It is also helpful if National Forest, 900 W. Grand Avenue, notice. One public meeting was already comments refer to specific pages or Porterville, California 93257–2035, held at the Oconto River Seed Orchard chapters of the draft statement. telephone (209) 784–1500. on September 21 and others can be held Comments may also address the SUPPLEMENTARY INFORMATION: The as needed. Input from interested people adequacy of the draft environmental Sequoia National Forest proposes to and organizations will be used in impact statement or the merits of the amend the standards and guidelines in preparation of the draft environmental alternatives formulated and discussed in its LRMP in regards to commercial impact statement. the statement. Reviewers may wish to livestock grazing and to evaluate this The preliminary issues identified are: refer to the Council of Environmental proposal in an EIS. A range of (1) The effect of seed orchard pesticides Regulations for implementing the alternatives for this proposed on human health and the environment; procedural provisions of the National amendment will be considered and (2) the impact of pest management Environmental Policy Act at 40 CFR documented in the EIS. One of these activities on threatened and endangered 1503.3 in addressing these points. will be a no action/no change species and non-target organisms; (3) Following the comment period on the alternative, essentially leaving the the effect of pest management activities draft environmental impact statement, current Land and Resource Management on the surrounding community’s comments will be analyzed, considered, Plan in place. Other alternatives will lifestyle; and (4) the effectiveness of pest and responded to by the Forest Service propose to adopt standards and control methods. in preparing the final environmental guidelines regarding commercial The draft environmental impact impact statement. The final livestock grazing including the grazing statement is expected to be filed with environmental impact statement is related portions of the 1990 Mediated the Environmental Protection Agency scheduled to be completed by February Settlement Agreement as is or with (EPA) and to be available for public of 1997. modifications. 53582 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Intensive scoping for this proposed After the comment period for the draft proposed changes to the project’s Plan Forest Plan amendment was done in EIS ends, the comments received will be of Operations include the following: March and April of 1995. At that time analyzed and considered by the Forest 1. Advanced water treatment of the it was thought that this amendment Service in the preparation of the Final flotation tailings and dewatered CIL effluent would be analyzed in documented as an EIS. with underground tailings disposal. environmental assessment. Given the Dated: October 6, 1995. 2. Avalanche control and management. 3. Discharge of treated tailings pond scope of the proposal, and a desire to Juliet B. Allen, provide additional procedural effluent to Sherman Creek with flow Acting Forest Supervisor. opportunities for comment, the Forest augmentation to meet end-of-pipe discharge Supervisor has decided to document [FR Doc. 95–25486 Filed 10–13–95; 8:45 am] standards. BILLING CODE 3410±11±M 4. New laydown area/helicopter pad this analysis in an environmental relocation. impact statement. By this notice, further 5. Use of diesel fuel for power generation scoping comments are invited from any Notice of Intent To Prepare a rather than LPG (liquified petroleum gas). who might not have commented before. Supplemental Environmental Impact 6. Temporary construction camp. Those who have, need not do so again. Statement To Disclose the The purpose and need for the All input from the public will be Environmental Impacts of Proposed proposed amendments to the Plan of considered in preparation of the draft Changes to the Kensington Gold Mine Operations is to reduce potential environmental impact statement (DEIS). Project; Tongass National Forest, impacts to commercial fisheries from a The draft EIS (DEIS) is expected to be Chatham Area, Juneau Ranger District, mixing zone in saltwater, reduce risks filed with the Environmental Protection Juneau, AK from avalanches, and increase the Agency (EPA) and to be available for economic efficiency of the mine. public review by November 1995. At AGENCY: Forest Service, USDA. In addition to the Forest Service, the that time EPA will publish a notice of ACTION: Notice, intent to prepare a Environmental Protection Agency and availability of the DEIS in the Federal supplemental environmental impact U.S. Army Corps of Engineers have Register. statement. jurisdiction and will participate as The comment period on the DEIS will cooperating agencies in the preparation be 45 days from the date that EPA’s SUMMARY: Pursuant to section 102(2)(C) of the SEIS. The Forest Service has Notice of Availability appears in the of the National Environmental Policy agreed to be the lead agency. EPA will Federal Register. It is very important Act of 1969, the USDA Forest Service, be responsible for assuring that the that those interested in the management Chatham Area, under the direction of analysis provides sufficient information of the Sequoia National Forest the Juneau Ranger District, will prepare for issuance of a National Pollutant participate at that time. To be the most a supplemental environmental impact Discharge Elimination System permit helpful, comments on the DEIS should statement (SEIS) to analyze and display under authority of the Clean Water Act. be as specific as possible and may the effects of proposed changes to the The Corps will be responsible for address the adequacy of the statement or Kensington Gold Project, located on ensuring that the analysis provides the merits of the alternatives discussed public and private lands in southeastern sufficient information for issuance of a (see The Council on Environmental Alaska. The proposed mine is operated Section 404 of the Clean Water Act Quality Regulations for implementing by Coeur Alaska and is located permit, Section 10 of the Rivers and the procedural provisions of the approximately 45 miles north of Harbors Act of 1899 permit, and for National Environmental Policy Act at 40 downtown Juneau. The Record of compliance with Executive Order 11990 CFR 1503.3). Comments should refer to Decision for the original Final and 11900 for wetlands and floodplains. specific pages or chapters of the DEIS. Environmental Impact Statement was Memorandums of Understanding will be Federal court decisions have signed on January 29, 1992. initiated with both of the cooperating established that reviewers of DEIS’s DATES: Comments will be accepted agencies. must structure their participation in the throughout the EIS process but, to be The decision to be made is whether or environmental review of the proposal so most useful during the analysis they not to approve the Plan of Operations as that it is meaningful and alerts an should be received in writing by amended or require the operator to agency to the reviewers’ position and October 30, 1995. revise its proposal. The original FEIS contentions, Vermont Yankee Nuclear ADDRESSES: Written comments and analyzed the effects of developing the Power Corp. v. NRDC, 435 U.S. 519, 553 suggestions concerning the analysis Kensington Gold Project. The SEIS will (1978). Also, environmental objections should be sent to Roger Birk, Minerals analyze only the effects of the proposed that could be raised at the DEIS stage, Management Specialist, Juneau Ranger changes to the Plan of Operations. but that are not raised until after District, 8465 Old Dairy Road, Juneau, Key resources to be analyzed include completion of the final EIS, may be Alaska, 99801. water quality from the discharge to waived or dismissed by the courts, City Sherman Creek; impacts to wetlands; of Angoon v. Hodel, 803 F. 2d 1016, FOR FURTHER INFORMATION CONTACT: impacts to fisheries from the discharge; 1022 (9th Cir. 1986) and Wisconsin Roger Birk, Minerals Management visual and water quality effects and Heritages, Inc. v. Harris, 490 F. Supp. Specialist, Juneau Ranger District, 8465 stability of disturbed areas such as the 1334, 1338 (E.D. Wis. 1980). Because of Old Dairy Road, Juneau, Alaska 99801; laydown area, new fuel tank sites, and these court rulings, it is very important phone (907) 586–8800; fax (907) 586– avalanche control areas; air quality that those interested in this proposed 8808. effects from diesel power generation; action participate by the close of the SUPPLEMENTARY INFORMATION: The spill potential and effects of hauling and comment period on the DEIS so that proposed operations are subject to handling additional diesel fuel. substantive comments and objections approval of a Plan of Operations under Gary A. Morrison, Forest Supervisor, are made available to the Forest Service 36 CFR, Part 228, which is intended to Tongass National Forest, Chatham Area, at a time when it can meaningfully ensure that adverse environmental is the responsible official. consider them and respond to them in effects on National Forest System lands The Forest Service is seeking the final EIS. and resources are minimized. The information and comments from Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53583
Federal, State, and local agencies as the procedural provisions of the an additional site (proposed Site 4—175 well as individuals and organizations National Environmental Policy Act at 40 acres) within the 2,300-acre San who may be interested in, or affected by CFR 1503.3 in addressing these points. Bernardino International Airport and the proposed action. Public scoping The final supplemental Trade Center complex (formerly Norton meetings are planned for Juneau at environmental impact statement is Air Force Base) in San Bernardino, Centennial Hall from 2 p.m. until 7 p.m. scheduled to be completed by February California. A 2.5 million square foot on Wednesday, October 11 and in 15, 1996. The Forest Supervisor for the WorldPointe Center for International Haines at the Council Chambers in City Chatham Area of the Tongass National Trade is planned for the proposed zone Hall from 2 p.m. until 7 p.m. on Forest will, as the responsible official site (located at the northwest corner of Thursday, October 12. If weather for the EIS, make a decision regarding Mill Street and Tippecanoe Avenue). precludes travel to Haines on the 12th, this proposal considering the comments, The developer of this project is the the meeting will be held October 19 responses, and environmental Inland Valley Development Agency. No instead. consequences discussed in the Final specific manufacturing requests are The draft supplemental SEIS, and applicable laws, regulations, being made at this time. Such requests environmental impact statement should and policies. The decision and would be made to the Board on a case- be available for public review by supporting reasons will be documented by-case basis. December 15, 1995. The comment in a Record of Decision. In accordance with the Board’s period on the draft supplemental Dated: September 29, 1995. regulations (as revised, 56 FR 50790– environmental impact statement will be Gary A. Morrison, 50808, 10–8–91), a member of the FTZ 45 days from the date the Staff has been designated examiner to Forest Supervisor. Environmental Protection Agency investigate the application and report to publishes the notice of availability in [FR Doc. 95–25512 Filed 10–13–95; 8:45 am] the Board. the Federal Register. BILLING CODE 3410±11±M Public comment on the application is The Forest Service believes, at this invited from interested parties. early stage, it is important to give Submissions (original and 3 copies) reviewers notice of several court rulings DEPARTMENT OF COMMERCE shall be addressed to the Board’s related to public participation in the Executive Secretary at the address environmental review process. First, Foreign-Trade Zones Board below. The closing period for their reviewers of draft environmental impact [Docket 60±95] receipt is December 15, 1995. Rebuttal statements must structure their comments in response to material participation in the environmental Foreign-Trade Zone 50, Long Beach, submitted during the foregoing period review of the proposal so that it is CA; Application for Expansion may be submitted during the subsequent meaningful and alerts an agency to the 15-day period to January 2, 1996. reviewer’s position and contentions. An application has been submitted to A copy of the application and Vermont Yankee Nuclear Power Corp. v. the Foreign-Trade Zones Board (the accompanying exhibits will be available NRDC, 435 U.S. 519, 553 (1978). Also, Board) by the Board of Harbor for public inspection at each of the environmental objections that could be Commissioners of the City of Long following locations: Beach, California, grantee of FTZ 50, raised at the draft environmental impact U.S. Department of Commerce, District statement stage but that are not raised requesting authority to expand its zone at a site in San Bernardino, California, Office, 11000 Wilshire Boulevard, until after the completion of the final Room 9200, Los Angeles, California environmental impact statement may be within the Los Angeles-Long Beach Customs port of entry area. The 90024 waived or dismissed by the courts. City Office of the Executive Secretary, application was submitted pursuant to of Angoon v. Hodel, 803 F.2d. 1016, Foreign-Trade Zones Board, Room the provisions of the Foreign-Trade 1022 (9th Cir. 1986) and Wisconsin 3716, U.S. Department of Commerce, Zones Act, as amended (19 U.S.C. 81a– Heritages, Inc. v. Harris, 490 F. Supp. 14th and Pennsylvania Avenue, NW., 81u), and the regulations of the Board 1334, 1338 (E.D. Wis. 1980). Because of Washington, DC 20230 these court rulings, it is very important (15 CFR part 400). It was formally filed that those interested in this proposed on October 5, 1995. Dated: October 6, 1995. action participate by the close of the 45 FTZ 50 was approved on September Dennis Puccinelli, day comment period so that substantive 14, 1979 (Board Order 147, 44 F.R. Acting Executive Secretary. comments and objections are made 55919, 9/28/79) and expanded three [FR Doc. 95–25606 Filed 10–13–95; 8:45 am] available to the Forest Service at a time times (Board Orders 298, 341 and 494). BILLING CODE 3510±DS±P when it can meaningfully consider them The zone project currently includes 3 and respond to them in the final general-purpose sites in the Los environmental impact statement. To Angeles/Long Beach Customs port of [Docket 59±95] assist the Forest Service in identifying entry area: Site 1 (12 acres)—Parcel Foreign-Trade Zone 8, Toledo, OH; and considering issues and concerns on 1–A, 1500 West Dominguez St., Long Proposed Foreign-Trade Subzone BP the proposed action, comments on the Beach and Parcel 1–B, 727 Capital Exploration & Oil Inc. (Oil Refineries); draft environmental impact statement Drive, San Pedro; Site 2 (1,855 acres)— Lucas, Allen and Wood Counties, OH should be as specific as possible. It is California Commerce Center, Ontario; also helpful if comments refer to Site 3 (92 acres)—including parcels An application has been submitted to specific pages or chapters of the draft within the Inter-City Commuter Station the Foreign-Trade Zones Board (the statement. Comments may also address Redevelopment area in Santa Ana and, Board) by the Toledo-Lucas County Port the adequacy of the draft environmental a warehouse facility at 3000 and 3100 Authority, grantee of FTZ 8, requesting impact statement or the merits of the Segerstrom Avenue and 2900 and 2930 special-purpose subzone status for the alternatives formulated and discussed in South Fairview Street, within the South oil refinery system of BP Exploration & the statement. Reviewers may wish to Harbor Redevelopment area, Santa Ana. Oil Inc., located at sites in Lucas/Allen/ refer to the Council on Environmental The applicant is now requesting Wood Counties (Toledo and Lima Quality Regulations for implementing authority to expand the zone to include areas), Ohio. The application was 53584 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices submitted pursuant to the provisions of A copy of the application and SUPPLEMENTARY INFORMATION: the Foreign-Trade Zones Act, as accompanying exhibits will be available Background amended (19 U.S.C. 81a–81u), and the for public inspection at each of the regulations of the Board (15 CFR part following locations: On May 17, 1966, the Treasury 400). It was formally filed on October 5, Department published in the Federal 1995. U.S. Department of Commerce District Register (31 FR 7485) the antidumping BP’s Ohio refinery facilities consist of Office, Bank One Center, 600 Superior finding on steel jacks from Canada. three sites which operate as an Ave., Suite 700, Cleveland, Ohio Based on a timely request for review, we integrated system: Site 1 (142,000 44114 initiated an administrative review of barrels per day (BPD); 649 acres)— Office of the Executive Secretary, two firms, NFM and Seeburn, on Toledo refinery and petrochemical Foreign-Trade Zones Board, Room November 14, 1994 (59 F.R. 56549), for feedstock complex located at 4100 3716, U.S. Department of Commerce, the 1993–1994 period of review (POR), Cedar Point Road (including a tank farm 14th & Pennsylvania Avenue, NW., in accordance with 19 CFR § 353.22(c). adjacent to the refinery on Buckeye Washington, DC 20230 The Department is now conducting this Road), in the city of Oregon, Lucas Dated: October 5, 1995. administrative review in accordance County; Site 2 (170,000 BPD; 650 with section 751 of the Tariff Act of Dennis Puccinelli, acres)—Lima refinery and 1930, as amended (the Act). petrochemical feedstock complex, Acting Executive Secretary. Applicable Statute and Regulations located some 80 miles south of the [FR Doc. 95–25610 Filed 10–13–95; 8:45 am] Toledo refinery at 1150 South Metcalf BILLING CODE 3510±DS±P Unless otherwise indicated, all Road along the Ottawa River in citations to the statute and to the Shawnee Township, Allen County; Site Department’s regulations are in 3 (17 acres)—crude oil tank farm located International Trade Administration reference to the provisions as they midway between the refineries at 12716 existed on December 31, 1994. [A±122±006] Tank Farm Road, city of Cygnet, Wood Scope of the Review County. The refineries (1,000 employees) are Steel Jacks From Canada; Preliminary Imports covered by this review are used to produce fuels and Results of Antidumping Duty multi-purpose hand-operated heavy- petrochemical feedstocks. Fuels Administrative Review duty steel jacks, used for lifting, pulling, produced include gasoline, jet fuel, and pushing, measuring from 36 inches distillates, residual fuels, and naphthas. AGENCY: Import Administration, to 64 inches high, assembled, semi- Petrochemicals include methane, International Trade Administration, assembled and unassembled, including ethane, butane, propane, toluene, Department of Commerce. jack parts, from Canada. The benzene, and xylene. Refinery by- ACTION: Notice of Preliminary Results of merchandise is currently classified products include petroleum coke, Antidumping Duty Administrative under Harmonized Tariff Schedule asphalt and carbon black. Review. (HTS) item numbers 8425.49.00. The Approximately one-quarter of the crude HTS numbers are provided for oil (nearly all of inputs) and some SUMMARY: The Department of Commerce convenience and Customs purposes. feedstocks are sourced abroad. (the Department) is conducting an The written description remains Zone procedures would exempt the administrative review of the dispositive. refineries from Customs duty payments antidumping finding on steel jacks from This review covers two manufacturer/ on the foreign products used in its Canada. The review covers two exporters, NFM and Seeburn. The POR exports. On domestic sales, the manufacturer/exporters of this is September 1, 1993, through August company would be able to choose the merchandise to the United States, New- 31, 1994. finished product duty rate Form Manufacturing Co., Ltd. (NFM) (nonprivileged foreign status—NPF) on Seeburn and Seeburn Metal Products (Seeburn). certain petrochemical feedstocks and On February 3, 1995, the Department The period covered is September 1, refinery by-products (duty-free). The determined that the products imported 1993 through August 31, 1994. The duty on crude oil ranges from 5.25¢ to by Seeburn were automobile tire jacks review indicates the existence of 10.5¢/barrel. The application indicates outside the scope of the antidumping dumping margins for this period. that the savings from zone procedures finding on steel jacks from Canada. would help improve the refineries’ We invite interested parties to Therefore, because Seeburn had no international competitiveness. comment on these preliminary results. shipments of subject merchandise In accordance with the Board’s Parties who submit argument in this during the POR and Seeburn has never regulations, a member of the FTZ Staff proceeding are requested to submit with before been reviewed, we are assigning has been designated examiner to the argument (1) a statement of the issue Seeburn the ‘‘all others’’ rate. investigate the application and report to and (2) a brief summary of the United States Price (USP) the Board. argument. Public comment is invited from Because NFM sold all its merchandise EFFECTIVE DATE: October 16, 1995. interested parties. Submissions (original to unrelated U.S. customers prior to and 3 copies) shall be addressed to the FOR FURTHER INFORMATION CONTACT: importation, we based USP on purchase Board’s Executive Secretary at the Thomas Killiam or John Kugelman, price in accordance with section 772(b) address below. The closing period for Office of Antidumping Compliance, of the Act. We calculated purchase price their receipt is December 15, 1995. Import Administration, International based on prices that were either F.O.B. Rebuttal comments in response to Trade Administration, U.S. Department or delivered to the customers’ premises. material submitted during the foregoing of Commerce, 14th Street and In accordance with section 772(d)(2) of period may be submitted during the Constitution Avenue, NW, Washington, the Act, we adjusted USP for discounts, subsequent 15-day period (to January 2, DC 20230; telephone: (202) 482–0665 or brokerage and handling, foreign and 1996). 482–0649, respectively. U.S. inland freight, and customs duty, Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53585 where applicable. Since NFM did not Any interested party may request a in proceedings governed by report customs duty for U.S. sales which hearing within 10 days of publication of antidumping duty orders. were delivered to customers’ premises, this notice. Any hearing will be held 44 In proceedings governed by the Department used the Customs duty days after the date of publication or the antidumping findings, unless we are rate applicable for this merchandise. first workday thereafter. Interested able to ascertain the ‘‘all others’’ rate We adjusted USP for taxes in parties may submit case briefs within 30 from the Treasury LTFV investigation, accordance with our practice as days of the publication date of this the Department has determined that it is outlined in Silicomanganese From notice. Rebuttal briefs, limited to issues appropriate to adopt the ‘‘all others’’ Venezuela; Preliminary Determination raised in the case briefs, may be filed rate established in the first final results of Sales at Less than Fair Value, 59 F.R. not later than 37 days after the date of of administrative review published by 31204 (June 17, 1994) publication. The Department will the Department (or that rate as amended (Silicomanganese). publish a notice of the final results of for correction of clerical errors or as a No other adjustments were claimed or this administrative review, which will result of litigation) for the purposes of allowed. include the results of its analyses of establishing cash deposit rates in all issues raised in any such case briefs or current and future administrative Foreign Market Value (FMV) at a hearing. reviews. Based on a comparison of the volume The following deposit requirements Because this proceeding is governed of home market and third-country sales, shall be effective for all shipments of the by an antidumping duty finding and we we determined that NFM’s home market subject merchandise that are entered, or are unable to ascertain the ‘‘all others’’ was viable in accordance with 19 CFR withdrawn from warehouse, for rate from the Department of Treasury § 353.48. Therefore, in accordance with consumption on or after the publication LTFV investigation, the Department has section 773 of the Act, we compared date of the final results of this determined to apply the ‘‘all others’’ U.S. sales of subject merchandise with administrative review, as provided by rate of 28.35 percent established in the sales of such or similar merchandise in section 751(a)(1) of the Act, and will first final results published by the the home market. We calculated FMV remain in effect until publication of the Department (52 F.R. 32957, September using monthly weighted-average prices final results of the next administrative 1, 1987). of sales of identical jacks. review: This notice serves as a preliminary (1) The cash deposit rates for the reminder to importers of their FMV was based on packed, delivered reviewed companies shall be the rates home market prices, with deductions for responsibility under 19 CFR 353.26 to established in the final results of this file a certificate regarding the discounts, foreign inland freight and review; insurance, home market credit reimbursement of antidumping duties (2) for previously reviewed or prior to liquidation of the relevant expenses, rebates, and home market investigated companies not listed above, packing, in accordance with Section entries during these review periods. the cash deposit rate will continue to be Failure to comply with this requirement 773(a)(1) and (a)(4) of the Act. In their previously established company- could result in the Secretary’s accordance with section 773(a)(1) of the specific rate published for the most presumption that reimbursement of Act, we added U.S. packing, credit, recent period; antidumping duties occurred and the warehousing, and commissions to FMV. (3) if the exporter is not a firm subsequent assessment of double We did not offset U.S. commissions by covered in this review, prior reviews, or antidumping duties. deducting home market indirect selling the original less-than-fair-value (LTFV) This administrative review and this expenses up to the amount of U.S. investigation, but the manufacturer is, notice are in accordance with section commissions, as we normally do the cash deposit rate shall be the rate 751(a)(1) of the Act (19 U.S.C. pursuant to section 353.56(b)(1) of the established for the most recent period 1675(a)(1)) and 19 CFR 353.22. Department’s regulations, because the for the manufacturer of the respondent’s claimed indirect selling merchandise; Dated: September 13, 1995. expenses were calculated using (4) if neither the exporter nor the Susan G. Esserman, unsupported estimates. manufacturer is a firm covered in this or Assistant Secretary for Import We included in FMV the amount of any previous review, the cash deposit Administration. value-added taxes collected in the home rate will be the ‘‘all others’’ rate [FR Doc. 95–25609 Filed 10–13–95; 8:45 am] market, in accordance with our practice established in the first review BILLING CODE 3510±DS±P as outlined in Silicomanganese. No conducted by the the Department in other adjustments were claimed or which an ‘‘all others’’ rate was allowed. established, as discussed below. [C±201±001] On May 25, 1993, the Court of Preliminary Results of the Review Leather Wearing Apparel From Mexico; International Trade (CIT) in Floral Partial Termination of Countervailing As a result of our comparison of USP Trade Council v. United States, 822 F. Duty Administrative Review and to FMV, we preliminarily determine Supp. 766 (CIT 1993), and Federal Termination of New Shipper Review that the following dumping margins Mogul Corporation and the Torrington exist for the POR: Company v. United States, 822 F. Supp. AGENCY: Import Administration, 782 (CIT 1993), decided that once an International Trade Administration, Manufac- Margin ‘‘all others’’ rate is established for a Department of Commerce. Review period turer/ex- (per- porter cent) company it can only be changed ACTION: Notice of partial termination of through an administrative review. The countervailing duty administrative 9/1/93±8/31/94 ...... NFM ...... 28.49 Department has determined that in review and termination of new shipper Seeburn ... * 28.35 order to implement these decisions, it is countervailing duty administrative appropriate to reinstate the ‘‘all others’’ * No shipments or sales subject to this re- review. view; because this firm has never been re- rate from the LTFV investigation (or that viewed, rate is the all others rate explained in rate as amended for correction of SUMMARY: On May 15, 1995, in response (4) below. clerical errors or as a result of litigation) to a request from the Government of 53586 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Mexico (GOM), the Department of ‘‘Initiation of New Shipper Cia. Exportadora de Chapala, S.A. de C.V. Commerce (the Department) initiated an Countervailing Duty Administrative Club Aurrera administrative review of the Review’’ of Comercial de Artesanias, Collado Garza Manuel Fernando countervailing duty order on leather S.A., covering the period November 1, Confecciones en Piel Leather S.A. de C.V. Cornell Piel, S.A. de C.V. wearing apparel from Mexico for 115 1994 through April 30, 1995. Creaciones Alcala producers, covering the period January On September 6, 1995, the GOM Creaciones Cevis, S.A. de C.V. 1, 1994 through December 31, 1994 (60 attempted to withdraw its request for an Creaciones Cozumel, S.A. de C.V. FR 25885) (amended September 1, 1995; administrative review of 111 companies Creaciones de Esesarte 60 FR 45697). We are now terminating listed in the appendix and its request for Creaciones Kity Ku that review for the 112 producers listed a new shipper review of Comercial de Creaciones Ma Elvi in the appendix hereto because the Artesanias, S.A. On September 21, 1995, D’Vany GOM is no longer interested in the the GOM attempted to withdraw its Deitz Groswirte Gregoria request for an administrative review of Eugenio de Alba Hernandez review of these companies. Exclusive Design in Leather Felle, S de R.L. On June 1, 1995 (60 FR 28576), also Exclusivos Baez, also listed in the Exclusivos Baez in response to a request from the GOM, appendix. The Department’s regulations Export. Mexic. de Art. Charros Y Vaqueros, the Department initiated a new shipper stipulate that the Secretary may permit S.A. de C.V. review, under the same order, for a party that requests a review to Exportadores Indios Verdes, S.A. de C.V. Comercial de Artesanias, S.A. de C.V. withdraw the request not later than 90 Fina Estampa The review covered the period days after the date of publication of the Flores Martinez Ma. Azucena November 1, 1994 through April 30, notice of initiation of the requested Frausto Avila Julia 1995. Because the GOM withdrew its review. 19 CFR 355.22(a)(3)(1995). Gallardo Rocio request for review, we are now Garcia Avila Enrique While the withdrawal deadline for the Garcia Gonzalez Antonia terminating this review. GOM’s request of administrative and Garcia Gonzalez Juan Manuel EFFECTIVE DATE: October 16, 1995. new shipper reviews expired in August, Garcia Jose FOR FURTHER INFORMATION CONTACT: the regulation also provides that the Geno D’Lucca Brian Albright or Cameron Cardozo, Secretary may extend the time limit for Gil Garcia Benjamin Office of Countervailing Compliance, withdrawal of a request if it is Gonzalo de La Torre Jose de Jesus Import Administration, International reasonable to do so. Gover Because no significant work has been Grupo Ticuan S.A. de C.V. Trade Administration, U.S. Department Hardo Navarro Vincente of Commerce, 14th Street and completed on these reviews, extending the time limit for the GOM to withdraw Harnandez Gonzalez Lino Salvador Constitution Avenue NW., Washington, Hernandez Herrera Jose de Jesus DC 20230; telephone: (202) 482–2786. its requests for reviews does not unduly Hernandez Rodriquez Ma. Teresa de Jesus burden the Department. Moreover, we Hurtado Antonio SUPPLEMENTARY INFORMATION: have received no objections to Hurtado Vazquez Francisco Javier Background terminating these reviews from other Importaciones Y Exportacones Anaf, S.A. de interested parties. Therefore, under the C.V. On April 28, 1995, the Department Ind. en Piel de Mexico, S.A. de C.V. received a request from the GOM for an circumstances presented in these cases, we are waiving the 90-day requirement Lazo administrative review of the Lopez Avila J. Cruz countervailing duty order on leather of section 355.22(a)(5). Accordingly, based on the GOM’s withdrawals, we Lorendano, S.A. de C.V. wearing apparel from Mexico in Lusomoda De Mexico, S.A. de C.V. accordance with § 751(a)(1) of the Tariff are terminating the 1994 administrative Manufacturera California, S.A. de C.V. Act of 1930, as amended (the Act), review with respect to the companies Manufacturera de Botas Tejas, S.A. de C.V. covering the period January 1, 1994 listed in the appendix and the new Manufacturera de Cintos, S.A. de C.V. through December 31, 1994. On June 19, shipper review of Comercial de Marcelinni, S.A. de C.V. Marco Antonio Sotelo Salazar 1995, in order to comply with the Artesanias, S.A. This notice is published in Martinez Bautista Noe requirements of the Department’s accordance with 19 CFR § 355.22(a)(5). Martinez Castillo Roberto Interim Regulations (May 11, 1995; 60 Martinez Fernandez Guillermo FR 25130), the GOM submitted an Dated: October 6, 1995. Maurizzio Moda Y Piel, S.A. de C.V. amended request for review which Joseph A. Spetrini, Melmex, S de R.L. de C.V. listed 115 companies. No other party Deputy Assistant Secretary for Compliance. Mex Piel Export Mexican Legend requested a review of these companies. Appendix On May 15, 1995, the Department Moda en Piel Le Sua, S.A. de C.V. published in the Federal Register (60 Aeroenvios Mon Real Aguilla Alvarez Juan Martin Monaco, S.A. de C.V. FR 25885) a notice of ‘‘Initiation of Alarcon Roman Pedro Mora Hernandez Ismael Countervailing Duty Administrative Alfredo Costuras Originales, S.A. de C.V. Morales Nernandez Bartolo Review,’’ which was amended on Alorsa Munoz Armas Federico September 1, 1995 (60 FR 45967) to list Alvarez Contreras Gildardo Neca De Baja California, S.A. de C.V. the names of the companies requested to Articulos Charros Y Vaqueros, S.A. de C.V. Orginales Hechos A Mano, S.A. de C.V. be reviewed. Articulos de Piel Chasser Orozco Alviso J. Cruz On May 1, 1995, the Department Articulos de Piel de Guadalajara, S.A. de C.V. Peleteria Jalisco de Baja California, S.A. de received from the GOM a request for a Articulos de Piel Muca, S.A. de C.V. C.V. new shipper review in accordance with Arufe Gil Ma. Josefina Penilla Adolpho § 751(a)(2)(B) of the Act, under this Avila Lopez Ma. Teresa Pieles Monroy, S.A. de C.V. Bemisa, S.A. de C.V. Procopiel Exotica, S.A. de C.V. countervailing duty order, to be Bocanegra Morales Rosa Isela Propuctora de Articulos de Piel Gerpa conducted for Comercial de Artesanias, Calzado Emege, S.A. de C.V. Promociones La Fiesta, S.A. de C.V. S.A. de C.V. On June 1, 1995, the Comercial de Artesanias, S.A. de C.V. Promotora de Modas Masculinas, S.A. de Department published in the Federal Capelli C.V. Register (60 FR 28576) a notice of Carillo Castillo Agustin Quintana Aguirre Martin Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53587
Ramos Rosa Use: See notice at 60 FR 40824, August Dated: October 10, 1995. Rios Bueno Salvador 10, 1995. Reasons: The foreign L.M. Bynum, Rodriquez Jarez Jose Luis instrument provides: (1) capability to Alternate OSD Federal Register Liaison Rodriquez Ortiz Guadalupe change load ranges without removing Officer, Department of Defense. Rougon Piel Salceda Toledo Leonel load cells, (2) load cell and attack angle [FR Doc. 95–25534 Filed 10–13–95; 8:45 am] San Sebastian Curte, S.A. de C.V. accuracy of 0.05% at full scale range BILLING CODE 5000±04±M Serrano Robles Martin Humberto and (3) computer - controlled angle of Servicio Harley Davidson, S.A. de C.V. attack. Advice Received From: National Sidransky Marcus Alejandro Aeronautics and Space Administration, DEPARTMENT OF EDUCATION Sotelo Jose September 21, 1995. Tapetei Tipicos, S.A. de C.V. The National Institutes of Health and National Assessment Governing Torres Torres Juan Antonio Board; Education Meeting Transformadora Tuca, S.A. de C.V. National Aeronautics and Space Tropico Arte Y Piel Administration advise that (1) the AGENCY: Department of Education. United Parcel Service de Mexico, S.A. de capabilities of each of the foreign ACTION: Notice of meeting. C.V. instruments described above are Vincente Haro Navarro pertinent to each applicant’s intended SUMMARY: This notice sets forth the Vilches Mares Laura purpose and (2) they know of no Zaragoza Gutierrez Ricardo schedule and proposed agenda of a Zedillo Lagos Teresa domestic instrument or apparatus of forthcoming meeting of the Executive John Trackunan George equivalent scientific value for the Committee of the National Assessment Zuid de Mexico, S.A. de C.V. intended use of each instrument. Governing Board. This notice also describes the functions of the Board. [FR Doc. 95–25611 Filed 10–13–95; 8:45 am] We know of no other instrument or Notice of this meeting is required under BILLING CODE 3510±DS±P apparatus being manufactured in the United States which is of equivalent section 10(a)(2) of the Federal Advisory scientific value to either of the foreign Committee Act. This document is The University of Iowa, et al.; Notice of instruments. intended to notify the general public of Consolidated Decision on Applications their opportunity to attend. DATE: October 31, 1995 for Duty-Free Entry of Scientific Frank W. Creel TIME: 4 p.m. (et). Instruments Director, Statutory Import Programs Staff LOCATION: National Assessment This is a decision consolidated [FR Doc. 95–25605 Filed 10–13–95; 8:45 am] Governing Board, Suite 825, 800 North pursuant to Section 6(c) of the BILLING CODE 3510±DS±F Capitol Street NW., Washington, DC. Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. FOR FURTHER INFORMATION CONTACT: L. 89–651, 80 Stat. 897; 15 CFR part Mary Ann Wilmer, Operations Officer, 301). Related records can be viewed DEPARTMENT OF DEFENSE National Assessment Governing Board, between 8:30 A.M. and 5:00 P.M. in Suite 825, 800 North Capitol Street NW., Room 4211, U.S. Department of Office of the Secretary Washington, DC, 20002–4233, Commerce, 14th and Constitution Telephone: (202) 357–6938. Avenue, N.W., Washington, D.C. Board of Visitors Meeting SUPPLEMENTARY INFORMATION: The Comments: None received. Decision: National Assessment Governing Board Approved. No instrument of equivalent AGENCY: Defense Acquisition is established under section 412 of the scientific value to the foreign University. National Education Statistics Act of 1994 (Title IV of the Improving instruments described below, for such ACTION: Board of visitors meeting. purposes as each is intended to be used, America’s Schools Act of 1994). is being manufactured in the United The Board is established to formulate SUMMARY: The first meeting of The States. policy guidelines for the National Docket Number: 95–044. Applicant: Defense Acquisition University (DAU) Assessment of Educational Progress. The University of Iowa, Iowa City, IA Board of Visitors (BoV) will be held at The Board is responsible for selecting 52242. Instrument: Laser Light the Radisson Plaza Hotel, 5000 subject areas to be assessed, developing Scattering Correlator and Monomode Seminary Road, Alexandria, Virginia on assessment objectives, identifying Fiber Optical Goniometer System. Monday, November 6, 1995 from 0830 appropriate achievement goals for each Manufacturer: ALV - Laser until 1600. The purpose of this first grade and subject tested, and Vertriebsgesellschaft mbH, Germany. meeting of the BoV is to familiarize the establishing standards and procedures Intended Use: See notice at 60 FR members with the Charter of the BoV, for interstate and national comparisons. 33190, June 27, 1995. Reasons: The DAU operations, and strategic plans. The Executive Committee of the foreign instrument provides: (1) The agenda will include: election of a National Assessment Governing Board simultaneous measurements of dynamic BoV chairperson; briefing on the DAU will meet October 31, 1995 from 4 p.m. light scattering and static light structure within the Office of the until 5:30 P.M. Because this is a scattering, and (2) a monomode fiber President; and briefings by each of the teleconference meeting, facilities will be optical collection system. Advice schools within the DAU Consortium of provided so the public will have access Received From: National Institutes of Schools. to the Committee’s deliberations. The Health, September 14, 1995. The meeting is open to the public; purpose of this meeting to establish the Docket Number: 95–064. Applicant: however, because of space limitations, agenda for the November 16–18, 1995 University of Illinois at Urbana- allocation of seating will be made on a meeting of the Board scheduled to be Champaign, Urbana, IL 61801. first-come, first-served basis. Persons held in Seattle, Washington. Instrument: Force and Moment Wind desiring to attend the meeting should Records are kept of all Board Tunnel Balance. Manufacturer: Aertect call Mrs. Joyce Reniere at (703) 805– proceedings and are available for public A.T.E. Ltd., United Kingdom. Intended 5134. inspection at the U.S. Department of 53588 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Education, National Assessment during the early years of the Nation’s Statement of Certification: Baker and Governing Board, Suite 825, 800 North atomic energy program. In June 1990, Williams Warehouses Site Former MED Capitol Street NW., Washington, DC, the Baker and Williams Warehouses Site Operations from 8:30 a.m. to 5 p.m. was designated for cleanup under an The U.S. Department of Energy (DOE), Roy Truby, expedited protocol. Oak Ridge Operations Office, Former Executive Director, National Assessment During the early 1940s, the former Sites Restoration Division, has reviewed Governing Board. Baker and Williams Warehouses Site and analyzed the radiological data [FR Doc. 95–25557 Filed 10–13–95; 8:45 am] was a delivery point for uranium for obtained following remedial action at BILLING CODE 4000±01±M subsequent distribution to U.S. the Baker and Williams Warehouses Government facilities. Since the 1940s, site, (Block 692; Lots 15, 19, and 23; the warehouses have been leased by New York County. Based on analysis of DEPARTMENT OF ENERGY several businesses. all data collected, DOE certifies that the At DOE’s request, in 1989 and 1991, following property is in compliance Notice of Certification of the representatives of the Environmental with DOE radiological decontamination Radiological Condition of the Baker Survey and Site Assessment Program of criteria and standards. This certification and Williams Warehouses Site, New Oak Ridge Associated Universities (now of compliance provides assurance that York, NY, 1991±1993 known as the Oak Ridge Institute for future use of the property will result in Science and Education (ORISE)) AGENCY: Office of Environmental no radiological exposure above conducted designation surveys of the Management, Department of Energy applicable guidelines established to (DOE). property. The surveys indicated that the protect members of the general public or site contained residual radioactive ACTION: Notice of certification. site occupants. contamination from MED/AEC Property owned by Mr. Rouhollah SUMMARY: The Department has activities. In 1991, ORISE conducted Kalimian: Baker and Williams completed remedial action to characterization surveys of Buildings Warehouses, 513–535 West 20th Street, decontaminate warehouses (Buildings 521–527 and 529–535 and accessible New York, New York 10011. surfaces in Building 513–519. Surface 513–519, 521–527, and 529–535 West Issued in Washington, DC on October 5, 20th Street) in New York, New York, scans of Building 529–535 did not 1995. identify any residual contamination. and the certification docket is available. James Owendoff, Two of the three warehouses were Remedial actions at Buildings 521–527 and 513–519 were conducted by Bechtel Deputy Assistant Secretary for Environmental found to contain radioactive surface Restoration. contamination from short-term storage National, Inc., from April 1 through [FR Doc. 95–25592 Filed 10–13–95; 8:45 am] of uranium concentrates for the April 26, 1991, and from May through Manhattan Engineer District (MED). July 1993, respectively. BILLING CODE 6450±01±P Radiological surveys show that the site Post-remedial action surveys have demonstrated, and DOE has certified, now meets applicable requirements for Record of Decision Dual Axis that the subject property is in unrestricted use. Radiographic Hydrodynamic Test compliance with DOE residual Facility ADDRESSES: radioactive contamination criteria and Public Reading Room, Room 1E–190, standards, which are established to AGENCY: Department of Energy. Forrestal Building, U.S. Department of protect members of the general public ACTION: Record of decision. Energy, 1000 Independence Avenue and occupants of the site and to ensure SW., Washington, DC 20585 that future use of the property will SUMMARY: The Department of Energy Public Document Room, Oak Ridge result in no radiological exposure above (DOE) is issuing this Record of Decision Operations Office, U.S. Department of applicable guidelines to the general (ROD) regarding the DOE’s proposed Energy, Oak Ridge, Tennessee 37831. public or the site occupants. These Dual Axis Radiographic Hydrodynamic FOR FURTHER INFORMATION CONTACT: findings are supported by the DOE Test (DARHT) facility at Los Alamos James W. Wagoner II, Director, Off-Site/ Certification Docket for the Remedial National Laboratory (LANL) in northern Savannah River Program Division, Action Performed at the Baker and New Mexico. DOE has decided to Office of Eastern Area Programs, Office Williams Site in New York, New York, complete and operate the DARHT of Environmental Management (EM– 1991–1993. Accordingly, this property facility at LANL while implementing a 421), U.S. Department of Energy, is released from FUSRAP. program to conduct most tests inside Washington, DC 20585, (301) 903–2531 The certification docket will be steel containment vessels, with Fax: (301) 903–2461. available for review between 9:00 a.m. containment to be phased in over ten SUPPLEMENTARY INFORMATION: The and 4:00 p.m., Monday through Friday years. The environmental analysis to Department’s Office of Environmental (except Federal holidays) in the U.S. support this decision was issued by Management has implemented a Department of Energy Public Reading DOE in the August 1995, DARHT remedial action project at the former Room located in Room 1E–190 of the Facility Final Environmental Impact Baker and Williams Warehouses Site, Forrestal Building, 1000 Independence Statement (EIS), DOE/EIS–0228, which 513–535 West 20th Street, New York, Avenue, S.W., Washington, D.C. Copies identified the Phased Containment New York, as part of the Formerly of the certification docket will also be Option of the Enhanced Containment Utilized Sites Remedial Action Program available in the DOE Public Document Alternative as DOE’s preferred (FUSRAP). The objective of the program Room, U.S. Department of Energy, Oak alternative. DOE has decided to is to identify and clean up or otherwise Ridge Operations Office, Oak Ridge, implement the preferred alternative. control sites where residual radioactive Tennessee. DATES: This ROD is effective contamination remains from activities The Department through the Oak immediately. On January 27, 1995, DOE carried out under contract to the Ridge Operations Office, Former Sites was enjoined from further procurement Manhattan Engineer District (MED) and Restoration Division, has issued the or construction of the DARHT facility the Atomic Energy Commission (AEC) following statement: pending completion of the DARHT EIS Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53589 and this ROD. Actions to implement science-based stockpile stewardship. took actions allowed by the court to this ROD will not occur unless and until Although DOE expects to operate and stabilize the construction site. the injunction is dissolved; DOE will upgrade the FXR facility as described in The DARHT EIS was prepared seek immediate dissolution of the section 3.3.4 of the final EIS, and also pursuant to the National Environmental injunction. expects to operate and appropriately Policy Act of 1969 (NEPA) [42 U.S.C. ADDRESSES: Requests for copies of the upgrade PHERMEX until use of the 4321 et seq.], the Council on DARHT EIS or this ROD should be latter is phased out after initial DARHT Environmental Quality NEPA addressed to: Ms. Elizabeth Withers, operation, neither facility can fully meet regulations [40 CFR Parts 1500–1508] NEPA Compliance Officer, Los Alamos DOE’s purpose and need to provide and the DOE NEPA regulations [10 CFR Area Office, Department of Energy, 528 enhanced high-resolution radiography Part 1021]. DOE issued the final DARHT 35th Street, Los Alamos NM 87544. Ms. capability. In addition to its Facility Environmental Impact Withers may be contacted by telephone radiographic performance limitations, Statement, DOE/EIS–0228, in August at (505) 667–8690 or by facsimile at PHERMEX is over thirty years old, and 1995 following the issuance of the draft (505) 665–4872. DOE does not expect it to remain a DARHT EIS for public review in May FOR FURTHER INFORMATION CONTACT: For viable facility over an extended time 1995. The Environmental Protection general information on the DOE NEPA because of the increasing difficulty and Agency published its Notice of process, please contact Ms. Carol M. cost of maintaining and operating the Availability regarding the final DARHT Borgstrom, Director, Office of NEPA facility as it ages. EIS on September 8, 1995 [60 FR Policy and Assistance, EH–42, To conduct an effective science-based 46833]. The DARHT EIS includes a classified Department of Energy, 1000 stockpile stewardship program, DOE needs to obtain an enhanced capability supplement that provides additional Independence Avenue SW., Washington to conduct radiographic hydrodynamic information and analyses. The NEPA DC 20585. Ms. Borgstrom may be tests and dynamic experiments. The regulations provide that EISs which contacted by leaving a message at (800) capability to obtain high-resolution, address classified proposals may be 472–2756 or by calling (202) 586–4600. multiple-time, multiple-view restricted from public dissemination; SUPPLEMENTARY INFORMATION: information is needed to assess the however, the document may be Background safety, performance, and reliability of organized so that classified information nuclear weapons; evaluate aging is segregated in order that the DOE is responsible for ensuring that weapons; obtain information about unclassified portions can be made the United States nuclear weapons plutonium through dynamic available to the public [40 CFR Part stockpile remains safe, secure, and experiments; and for other uses. Such 1507.3(c); 10 CFR Part 1021.340(a)]. reliable. As part of its mission to ensure an enhanced capability cannot be NEPA’s public disclosure requirements the safety and reliability of the weapons obtained at either PHERMEX or FXR, as are subject to the exceptions spelled out in the stockpile, DOE and its currently configured. Accordingly, DOE in the Freedom of Information Act predecessor agencies have conducted a has decided to complete and operate the (FOIA) [5 U.S.C. 552; 42 U.S.C. hydrodynamic testing program at LANL DARHT facility to provide an enhanced 4332(2)(c)]. FOIA exempts materials since the late 1940’s. The existing high-resolution radiographic capability from public disclosure where specified hydrodynamic testing facility at LANL to perform hydrodynamic tests and by statute. Under the Atomic Energy Act is the Pulsed High-Energy Radiation dynamic experiments in support of its [42 U.S.C. 2011 et seq.], material Machine Emitting X-Rays (PHERMEX), historical mission and the near-term pertaining to nuclear weapons design or which has been in operation since 1963. stewardship of the nation’s nuclear related national security matters is In 1983, DOE began hydrodynamic weapons stockpile. classified and exempted from public testing operation of the Flash X-Ray DOE began construction of the disclosure under FOIA and therefore (FXR) facility at the Lawrence DARHT facility in April 1994. In under NEPA. Accordingly, DOE Livermore National Laboratory (LLNL) October 1994, three citizen groups prepared a classified supplement to the in California. requested of the Secretary of Energy that DARHT EIS, and relied on information In September 1992, President Bush DOE prepare an EIS on the DARHT in that supplement to make this declared a moratorium on all nuclear facility, and halt further construction decision. The classified supplement has testing by the United States. In July until an EIS was completed. On been withheld from public 1993, President Clinton extended the November 16, 1994, two of these groups dissemination, but DOE provided the moratorium, and in August 1995 the filed suit in the United States District draft classified supplement for review President announced that the United Court for the District of New Mexico, by appropriately cleared representatives States will seek a ‘‘zero-yield’’ seeking to enjoin DOE from proceeding of parties with a need to know the Comprehensive Test Ban Treaty. He with the DARHT project until classified information. These further stated that the conduct of a completion of an EIS and associated representatives include the Department science-based stockpile stewardship ROD. On November 22, 1994, DOE of Defense, the Environmental program is a condition of U.S. entry into published a notice of its intent to Protection Agency, the State of New such a treaty. prepare the DARHT EIS [59 FR 60134]. Mexico and certain American Indian PHERMEX and FXR historically have On January 27, 1995, the court issued a tribal governments, so that in been used in conjunction with preliminary injunction of further accordance with the provisions of underground nuclear testing to identify construction of the DARHT facility, and NEPA, these government agencies could and correct potential problems with the related activities such as the ensure that the public health and stockpile. Neither PHERMEX nor FXR procurement of special facility welfare are being adequately protected. can provide the degree of radiographic equipment, pending completion of the DOE invited the public to comment resolution, x-ray intensity, or three- EIS and ROD. The court entered final on the adequacy and accuracy of the dimensional or time-sequenced views judgment on May 5, 1995. No draft EIS, and on any other matter that are needed to provide answers to construction or procurement for DARHT concerning the DARHT review. The current questions regarding weapons has taken place since January 27, 1995; public comment period on the draft condition or performance necessary for in January and February, 1995, DOE DARHT EIS ended on June 26, 1995; 53590 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
DOE held public hearings on the draft DARHT facility and phase out would be somewhat environmentally EIS in Los Alamos, New Mexico, on operations of PHERMEX as under the preferable. These three options, May 31, 1995, and in Santa Fe, New DARHT Baseline Alternative; in particularly the building containment Mexico, on June 1, 1995. The final addition, some or all tests would be option, would result in considerably DARHT EIS includes transcripts of the conducted inside a containment less release of depleted uranium and public hearings and copies of written vessel or structure. Three options other metals to the general environment comments, and explains how DOE were considered: (1) Vessel than would the other alternatives considered all comments received. Containment Option (most tests analyzed (including No Action because would be contained in modular steel of the continued use of PHERMEX). Alternatives Considered vessels, starting with operation of the However, these options would result in The DARHT EIS analyzed six first axis of DARHT); (2) Building a higher radiation dose to workers over alternative ways to implement DOE’s Containment Option (all tests would the life of the project compared to the proposed action to obtain enhanced be contained inside a permanent other alternatives analyzed (although radiographic capability. DOE building starting with operation of the the dose would be well below regulatory considered, but did not analyze in first axis of DARHT); and (3) Phased and administrative limits). The benefit detail, other alternatives which DOE Containment Option, the DOE’s of reducing the amounts of materials determined would not meet the preferred alternative (most tests released is directly related to DOE’s Department’s purpose and need for would be contained in modular steel responsibility for environmental enhanced testing capability. vessels, to be implemented over a ten- stewardship and the desire to minimize Certain aspects of the DOE year period). Under options 1 and 3, cleanup activities at the end of the hydrodynamic testing and dynamic DOE would construct and operate a facility’s lifetime. experiment program would not change Vessel Cleanout Facility to clean the Environmental Impacts of Alternatives regardless of the course of action portable steel vessels and recycle selected, and were considered to be materials as appropriate; under option DOE weighed environmental impacts common to all alternatives. These 2, DOE would construct and operate as one factor in its decision making include: the way hydrodynamic tests are a separate cleanout facility to assist in process regarding the DARHT facility. conducted; the conducting of contained maintaining the containment building DOE considered the impacts from dynamic experiments with plutonium; and recycling materials as construction and operation of infrastructure requirements; continued appropriate. alternative facilities, and the operation of the FXR Facility at LLNL; —Plutonium Exclusion Alternative. consequences that might be expected continued operation of the LANL DOE would implement the DARHT under accident scenarios. After Radiographic Support Laboratory at Baseline Alternative; however, consideration of the environmental Technical Area 15; waste management plutonium would not be used in any impacts identified and analyzed in the considerations; decontamination and of the experiments at DARHT. Under DARHT EIS, DOE concludes that for the decommissioning considerations; and this alternative, in the future, DOE most part, environmental impacts other operational and site characteristics may perform some dynamic would be expected to be similar among of LANL. (Aside from the provisions in experiments with plutonium; those all six of the alternatives analyzed. None this ROD regarding PHERMEX and involving radiography would be of these alternatives would present an DARHT, this ROD does not affect conducted at PHERMEX and would unacceptable level of adverse operation of any other facility at LANL be contained in double-walled environmental impact to the human or any other DOE site, including the vessels. environment. continued operation of the FXR facility —Single Axis Alternative. DOE would DOE analyzed the potential impacts at LLNL or the continued operation of implement the DARHT Baseline that might occur to land resources, air the Radiographic Support Facility at Alternative; however, only one quality, noise, water resources, soils, LANL.) accelerator hall (single axis) would be biotic resources, cultural resources, Alternatives analyzed in the DARHT operated for hydrodynamic tests or socioeconomics, and human health. EIS are as follows: dynamic experiments. The other hall DOE considered impacts that might —No Action Alternative. DOE would would be completed for other uses. occur from use of plutonium; facility accidents, and transportation of continue to use PHERMEX at LANL Environmentally Preferable Alternative and FXR at LLNL in support of its radioactive materials. DOE considered stockpile stewardship mission. The While some of the alternatives the amount of waste that would be DARHT structure would be completed analyzed in the DARHT EIS were generated under different alternatives; for other uses. unacceptable in that they did not meet irreversible or irretrievable —DARHT Baseline Alternative. DOE programmatic needs, none posed commitments of resources; and the would complete and operate the unacceptable environmental impacts. relationship between short-term uses of DARHT facility and phase out The analyses in the DARHT EIS indicate the environment and the maintenance operations at PHERMEX, but would very little difference in the and enhancement of long-term not pursue a program of enhanced environmental impacts among the productivity. For all alternatives containment. alternatives analyzed. The major analyzed, DOE determined that some —Upgrade PHERMEX Alternative. The discriminators would be contamination contamination of soils could occur and DARHT facility would be completed of soils near the firing point, health would present an unavoidable adverse for other uses. DOE would construct effects to workers, and the amount of impact. major upgrades at PHERMEX, construction materials consumed. After Most impacts identified were including installing the high- consideration of the environmental essentially the same for all alternatives resolution radiography planned for impacts identified through the EIS, DOE analyzed. For the Vessel Containment DARHT and constructing a second has determined that the three options of Option and the Phased Containment accelerator for two-axis imaging. the Enhanced Containment Alternative, Option, one additional acre of land —Enhanced Containment Alternative. including DOE’s preferred alternative would be disturbed to construct the DOE would complete and operate the (the Phased Containment Option), Vessel Cleanout Facility. All three Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53591 options under the Enhanced regulatory and administrative limits. federal agencies, and the general public. Containment Alternative would result The average annual dose to workers The United States Environmental in less materials dispersed (the amount under the three options of the Enhanced Protection Agency commented that of depleted uranium released to the Containment Alternative would be 0.6 selection of the Phased Containment environment is of particular interest rem compared to 0.3 rem for the other Option as the preferred alternative because of its potential to result in soil five alternatives and the collective dose should provide additional or water contamination); therefore, soils over the 30-year life of the project environmental protection over the life of and water resources would be less would be 60 person-rem compared to 9 the project. No other written comments contaminated under that alternative. person-rem. No additional latent cancer specific to the final DARHT EIS were Under the postulated testing program fatalities would be expected over 50 received. However, the U.S. Fish and analyzed in the DARHT EIS, the amount years to the general population or Wildlife Service, in a letter to DOE of materials released from the firing workers under normal operations under dated September 12, 1995, clarified the point under any of the action any of the six alternatives analyzed. language of its August 3, 1995 letter alternatives would be 15% lower than Under the accident scenarios regarding mitigation measures to protect under the No Action Alternative. examined, an unexpected high- the nesting habitat of the Mexican Because all of the action alternatives explosives detonation would result in spotted owl, a federally-listed would provide an enhanced 15 fatalities (all personnel present) at threatened species. (The August 3, 1995 radiographic capability, less material the facility under all alternatives letter concurred with the DOE would need to be expended to obtain analyzed. No additional latent cancer determination that operation of DARHT more and better data. An even greater fatalities would be expected over 50 would not be likely to adversely affect reduction would be achieved under the years among members of the general the Mexican spotted owl, and the Enhanced Containment Alternative public from accidental release of September 12, 1995 letter does not affect options (a total of 95% reduction for depleted uranium under any of the that concurrence.) Building Containment, 75% for Vessel alternatives. Between 5 and 12 A member of the public telephoned Containment, and 50% for Phased additional latent cancer fatalities could DOE and pointed out a typographic and Containment). Annual releases of occur from the accidental release of calculational error in the tables depleted uranium would be up to 90 vaporized plutonium. Such an accident regarding air quality in the final EIS. An pounds (41 kilograms) under the is extremely unlikely (estimated to error was noted in the conversion of the Building Containment Option; up to 450 occur once in every 10,000 to 1,000,000 three-hour standard for sulfur dioxide pounds (205 kilograms) under the years). from parts per million to micrograms Vessel Containment Option; and up to The two alternatives involving major per cubic meter in calculating the additional construction (the Upgrade 720 pounds (327 kilograms) (averaged percent of regulatory standard in PHERMEX Alternative and the Building over the lifetime of the project with a conjunction with potential air quality Containment Option of the Enhanced range of from 1,460 pounds [664 impacts. The corrected calculated Containment Alternative) would result kilograms] to 450 pounds [205 percent of regulatory standard is a factor in considerably greater commitment of kilograms] per year) under the Phased of 10 higher for sulfur dioxide construction resources (concrete and Containment Option. Under the other concentrations. For tables S–1, 3–3, and diesel fuel); the Vessel Cleanout Facility five alternatives, up to 1,540 pounds C1–8 the percent of regulatory standard under the Vessel Containment Option in the most restrictive case increases (700 kilograms) would be released and the Phased Containment Option from 2.2 to 22%; this is constant across annually. Compared to the other five would result in a slightly greater all alternatives and does not change the alternatives, the Enhanced Containment commitment of construction resources. overall analysis of air quality impacts. Alternative would result in an Socioeconomic impacts would vary In addition, the caller pointed out a unquantified beneficial impact to noise for each alternative, primarily driven by typographic error in table 5–1 regarding levels, wildlife habitat and cultural duration and timing of new construction the calculated annual concentration of resources; the benefit would be greatest and whether PHERMEX would be nitrogen dioxide; it should be 0.04 under the Building Containment phased out of operation. More people micrograms per cubic meter rather than Option. would be employed under any other 0.004. None of these changes affect the The adverse impact to the health of alternative than under the No Action results of the environmental analysis. the uninvolved public would be less Alternative. The Vessel Containment DOE also identified an additional under the Enhanced Containment Option would result in the greatest typographic error in the document. The Alternative than the other five increase in employment (321 additional DARHT EIS provides a comparison of alternatives: the dose to the affected full-time jobs generated in the regional costs for the reader’s information; there population would be 8 person-rem over economy). Under the Plutonium is an inconsistency between the cost the 30-year life of the project under the Exclusion Alternative, 273 additional figures shown in the summary table 3– Building Containment Option, 13 jobs would be generated, compared with 4 and the corresponding table in the person-rem under the Vessel 253 under the Phased Containment body of the analysis, table 5–19. The Containment Option, and 17 person-rem Option, 238 under the Building cost estimates in table 3–4 are correct under the Phased Containment Option, Containment Option, 199 under the (those in table 5–19 are from the draft compared to 30 person-rem under all Upgrade PHERMEX Alternative, 191 EIS but inadvertently were not other alternatives. However, due to the under the DARHT Baseline Alternative updated). concentration of depleted uranium and and 104 under the Single Axis Decision other hazardous materials inside the Alternative. Vessel Cleanout Facility, the health DOE has decided to complete and hazard to workers would be greater Review of Final EIS operate the DARHT facility at LANL to under the three options of the Enhanced DOE distributed approximately 800 provide enhanced high-resolution Containment Alternative when copies of the final EIS to the State of radiography (x-ray photography) compared to the other alternatives, New Mexico, American Indian tribal capability to perform hydrodynamic although doses would be well below governments, local governments, other tests and dynamic experiments in 53592 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices support of the Department’s historical with one or two x-ray beams from one could be used to assist in the mission and the near-term stewardship or both axes, either simultaneously or development of weapons or weapons of the nuclear weapons stockpile. DOE with a timing variation. components. Any decision to develop will mitigate potential environmental DOE plans to conduct some dynamic new nuclear weapons would be made effects by implementing an enhanced experiments using plutonium. Dynamic by the President subject to the review approach to containing expended test experiments with plutonium will and approval of Congress. Neither materials. This will be done by always be conducted in specially- DARHT nor any other facility operated conducting tests in modular steel designed double- walled containment by DOE will be used for this purpose containment vessels to be phased in vessels. DOE will maintain the unless such a Presidential over ten years. DOE will also construct capability to stage, maintain, and clean determination is made. and operate a separate Vessel Cleanout out plutonium containment vessels at The completed DARHT facility will Facility in conjunction with the LANL. The Vessel Cleanout Facility will be operated with a 2,500 foot (950 operation of the DARHT facility. This is not be used for this purpose. meter) radius exclusion zone as a safety the Phased Containment Option of the DARHT will have the following uses feature to provide protection to Enhanced Containment Alternative, and potential uses: personnel and structures while testing identified as the preferred alternative in —To study the implosion of mock takes place. The completed DARHT the DARHT Final EIS. nuclear weapons primaries. This facility will include the already- DOE will complete construction of the information would be used to assist constructed earthen berm on the DARHT facility with the intent to the DOE with its stockpile northern side of the facility to serve as operate both axes of the facility. As soon stewardship and management mission a radiation protection measure. as possible, DOE will resume in order to ensure the continued Explosives or special nuclear materials construction of the firing site facility, safety and reliability of nuclear will not be stored, handled or processed complete both of the two accelerator weapons in the enduring stockpile, inside the DARHT firing site building. As soon as the first axis of the DARHT halls (dual axes), and will resume and to further a basic scientific facility becomes operational, DOE will procurement, testing and installation of understanding of the behavior of equipment required for operating the phase out operation of the PHERMEX nuclear weapons. facility over approximately four years DARHT firing site facility with the first —To conduct dynamic experiments axis x-ray machine. DOE will equip the and, at the end of that time, will with plutonium in order to obtain first axis with an accelerator capable of decommission and decontaminate the more information regarding the achieving a nominal 20 million electron PHERMEX facility unless an alternative physical and chemical properties of volts (MeV) of electron- beam energy, use is identified for the structure or plutonium. All such experiments will and an output x-ray dose of up to 1,650 facility equipment. Activities needed to be conducted in specially-designed, roentgens (R). The DARHT facility will decommission and decontaminate the double-walled steel containment be completed to the original plans, with structure, or to convert it to another use, vessels. minor modifications if necessary to may be subject to further NEPA review —To continue to assist other nations in accommodate the accelerator and x-ray or other environmental review. evaluating the condition, safety and equipment and the use of the portable DOE will use a modular containment reliability of their existing nuclear modular containment vessels. vessel system to contain the materials DOE intends to eventually operate weapons under current international released from tests and experiments— DARHT in a dual axis mode, and will agreements, and any future materials such as depleted uranium, procure, test and install equipment for agreements. beryllium, lead, copper, and other the second axis. Based on the results of —To assess the condition, safety and materials that would otherwise be installing, testing and proving the linear performance reliability of other released to the general environment. As accelerator equipment in the first axis, nuclear weapons, such as those that discussed previously, DOE has always DOE may incorporate modified or might be designed by a non-friendly in the past, and will continue in the improved technology for the second axis nation or a terrorist and obtained by future, to conduct dynamic experiments or retrofit the equipment previously the United States. with plutonium in special double- installed in the first axis. As long as no —To continue to assist the Department walled containment vessels. However, substantial change to the building of Defense with evaluations of these vessels are not appropriate for footprint is required, and as long as the conventional weapons and other tests not involving plutonium. They are energy output of both the first and military equipment. limited to high explosive charges of 44 second accelerator falls within the range —To continue to study explosives- pounds (20 kilograms); a containment analyzed in the DARHT EIS (electron driven materials and high-velocity system for non-plutonium tests must beam energies of up to 30 MeV and impact phenomena for non-weapons accommodate much larger charges (see output x-ray dose of up to 2,000 R for applications and other uses of interest below). The existing vessels also impose each accelerator), no additional NEPA to industry. substantial limitations on experiment review will be required for —To pursue other applications of the configurations and diagnostic modifications to equipment for the first radiography or accelerator technology capabilities. Therefore, DOE will or second axis. and other equipment developed for undertake a development program to DOE will operate the DARHT facility high-resolution radiography. design, test, and build containment to provide high-speed, high-resolution In 1991, President Bush stated that vessels specifically for tests that do not flash radiographs which will be used to the United States would not design new use plutonium. This modular system measure or diagnose the results of tests nuclear weapons in the foreseeable will allow the containment vessel to be and experiments involving high future. However, in the event that this modified to meet size and configuration explosives and other systems. Other nation decides, as a matter of policy, needs for a given test. Containment of types of portable low- energy x-ray, that new nuclear weapons should be tests not involving plutonium will be electronic, optical, and photographic developed, or in the event that retrofit phased into DOE’s long-term diagnostic equipment may be used at components need to be developed for hydrodynamic testing program at LANL the facility. DARHT may be operated existing nuclear weapons, DARHT according to the following plan, with Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53593 the first phase starting when the first analyzed, because that location is environmental impacts identified in the axis of DARHT becomes operational. closest to the DARHT facility and classified supplement, specifically those The first three phases will involve tests closest to existing utility lines. relating to human health, were not in that use up to 110 pounds (50 However, if during the detailed design and of themselves classified, and were kilograms) of high explosives. stage DOE determines that it would be therefore also included in the —Phase 1—Demonstration (years 1 more beneficial (from the standpoint of environmental analyses in the through 5). DOE will put into place at operating conditions or environmental unclassified portion of the DARHT EIS. DARHT a prototype vessel system and protection) to construct or operate the However, the specific details of the portable cleanout unit as part of a cleanout facility at the northernmost operations that would produce those process to reduce the material location, DOE may construct and impacts are classified, and are presented released to the open air over this 5- operate the Vessel Cleanout Facility only in the classified supplement. The year period. (Based upon the analyses there without performing additional factors discussed here include in the DARHT EIS, DOE expects that NEPA review. DOE will improve an information from the classified as well such a reduction would be at least 5% existing firebreak (dirt) road to provide as the unclassified portions of the compared to the releases expected access to the Vessel Cleanout Facility at DARHT EIS. either of the two locations. Road from the testing program if Cost containment were not used.) During improvements will be located to avoid Because DOE must be fiscally this period, DOE will design and adverse impact to cultural resource prudent, DOE considered construction build an additional vessel system, sites, if any, in the vicinity. If, after and operating costs. DOE estimates that incorporating experience gained designs are completed, neither location the total capital cost for construction during this phase. Based on the final analyzed in the DARHT EIS proves to be suitable, a decision to locate the Vessel and equipment would vary considerably vessel design, DOE will design and among alternatives. The capital cost for start construction of the Vessel Cleanout Facility somewhere else may be subject to further NEPA review. the Phased Containment Option would Cleanout Facility. be the highest and that for the No —Phase 2—Containment (years 6 The modular containment vessel Action Alternative would be the lowest. through 10). Over the second 5-year intended for non-plutonium tests has not previously been used by DOE, and Over the predicted 30 year life of the period DOE will put into place a 5- the operation of this system is not well- facility, the Phased Containment Option vessel containment system which will established. Although DOE expects a has the lowest estimated total cost of all be used to further reduce the material highly effective vessel design to be containment options when considering released over this 5-year period. achievable, if technological problems capital cost plus annual operating costs. (Based upon the analyses in the were to be encountered in fabricating or The total capital construction and DARHT EIS, DOE expects that this using the vessel system, or if for some equipment cost for the Phased reduction would be at least 40%.) other reason the vessels cannot be Containment Option would be about DOE will start to operate the Vessel deployed according to the phased $187 million; on the average, operating Cleanout Facility. schedule, DOE will conduct testing costs would be about $9.8 million per —Phase 3—Enhanced Containment operations at DARHT in such a way as year. For comparison, DOE estimates the (years 11 through 30). Based on DOE’s to continue to reduce, to the extent approximate total capital costs and experience gained from the first two practicable, the amount of materials operating costs, respectively, for other phases, the modular containment released to the environment. Such a alternatives at $181 million and $10.4 vessels will be continually improved. reduction may be achieved by other million for the Building Containment DOE will use the vessel system to methods, including (but not limited to) Option; $176 million and $10.4 million further reduce the material released altering the number of experiments or for the Vessel Containment Option; over the next 20-year period. (Based tests, and picking up the expended $167 million and $6.5 million for the upon the analyses in the DARHT EIS, materials. Upgrade PHERMEX Alternative; $145 DOE expects that this reduction Some non-plutonium tests or million and $6.5 million for either the would be at least 75%.) experiments of the type anticipated for DARHT Baseline Alternative or the —Phase 4—440-lb (200-kg) Containment DARHT cannot be conducted inside Plutonium Exclusion Alternative; $97 Option. If justified by the containment vessels due to diagnostic million and $5.4 million for the Single development effort and operating equipment limitations or the type of Axis Alternative; and $49 million and experience after Phase 1, DOE may diagnostic information needed. $4.2 million for the No Action develop and use a vessel to contain Although DOE will eventually conduct Alternative. As documented in the draft material from tests and experiments most tests and experiments inside DARHT EIS, DOE originally calculated larger than 110 pounds (50 containment vessels, DOE may conduct project capital costs based on installing kilograms). These could include tests any given test or experiment that does 16 MeV linear accelerators. DOE of up to 440 pounds (200 kilograms) not involve plutonium in an open-air estimates that the additional cost to of high explosives, thus allowing DOE configuration, so long as the above install 20 MeV accelerators would be to contain a greater percentage of percentages of material containment are about $8 million per machine. material. Phase 4 may be met. implemented at any time after Phase Timing 1. Other Decision Factors Because DOE needs to begin DOE will design, construct, and In addition to environmental factors, establishing baseline conditions of operate the Vessel Cleanout Facility to DOE considered costs, timing, weapons in the enduring stockpile as support use of the portable modular technology, national security, and soon as possible, DOE considered when containment vessels. DOE analyzed two infrastructure availability. DOE it could achieve that level of enhanced alternative locations for this facility in considered classified information, capability provided by a single axis, and the DARHT EIS. DOE’s intention is to including the information and analyses then considered if it could achieve the locate and construct the Vessel Cleanout in the classified supplement to the full enhanced multiple-view capability Facility at the southernmost location DARHT EIS, in making its decision. The as well. PHERMEX and FXR are now in 53594 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices use, so under the No Action Alternative environmentally-sound operating contained dynamic experiments with the existing (non-enhanced) capability envelope for LANL. plutonium in support of its nuclear is currently available and multiple-view DOE will continue with its ongoing weapons stockpile stewardship and capability would never be available. hydrodynamic testing program, and will management mission. The existing Under the DARHT Baseline Alternative need the enhanced capability provided hydrodynamic facilities at PHERMEX and all other alternatives except the by DARHT to implement that program, and FXR cannot provide the needed Upgrade PHERMEX Alternative, the first regardless of any other decisions to be level of confidence to support our axis would be ready 38 months after made regarding stockpile stewardship national security goals. Under the Single construction resumes; for the DARHT and management. Thus, the courses of Axis Alternative, DOE could not obtain Baseline Alternative and all other action analyzed in the DARHT EIS, and the three-dimensional or rapid-time- alternatives except as noted, the second the action decided upon in this ROD, sequenced images needed to provide the axis would be available in 66 months are justified independently of the maximum amount of diagnostic (an additional 28 months). Under the stockpile stewardship and management information to meet national security Building Containment Option, dual axis program, and will not prejudice any goals. Under the Plutonium Exclusion capability would be ready in 77 months ultimate decision on the program, nor Alternative, DOE could not use the without interim single axis capability will they be influenced by the expected enhanced capability to diagnose the due to the additional time to construct programmatic decisions. The LANL effects of dynamic experiments the containment building. (Under this Sitewide EIS will assist with decisions involving plutonium, which would not option, no tests would be conducted on how to operate LANL in an meet national security goals. Under the until the containment building was environmentally-sound manner; this Upgrade PHERMEX Alternative, DOE operational.) Under the Single Axis ROD will not prejudice any decisions would lose the ability to perform any Alternative, a multiple-axis capability expected to result from the LANL hydrodynamic testing at LANL, and the would never be available. Under the Sitewide EIS. Accordingly, DOE finds capability to perform dynamic Upgrade PHERMEX Alternative, the that it would not be consistent with the experiments with plutonium for 51 existing operating capability would be nation’s need to obtain enhanced months, which would encumber lost for 51 months due to construction, radiographic hydrodynamic capability national security goals. and the second axis would be ready 71 as quickly as possible if the Department Infrastructure months after construction began. delayed its decisions on DARHT until DOE considered whether it would be after completion of the other two EISs, DOE needs to be able to use an prudent to wait for development of the nor would the Department benefit enhanced radiographic capability for technology and design of an even more programmatically from such a delay. dynamic experiments involving advanced multiple-view hydrodynamic plutonium. These experiments will Technology testing capability instead of pursuing always be conducted in special double- DARHT. Although DOE has DOE could achieve enhanced high- walled steel containment vessels. conceptualized the next generation of resolution radiographic capability under Special facilities are needed to fabricate advanced hydrodynamic testing any of the alternatives analyzed in the plutonium shapes; store and handle capability, potential technologies for DARHT EIS except the No Action plutonium; perform plutonium such a facility have not yet been Alternative. While still operating chemistry diagnostics; process material selected, developed or proven. DOE adequately at this time, the existing for experiments and for storage; and to would incur additional risk to its ability equipment at PHERMEX is approaching ensure worker safety and security. The to ensure the safety and reliability of the the end of its design life and DOE is large, heavy, double-walled nuclear weapons stockpile if, instead of concerned that it will become containment vessels that would be used obtaining a known enhanced capability increasingly difficult and expensive to for dynamic experiments with in the near-term, it waited the several continue to maintain the aging plutonium would be difficult to handle years necessary to identify and develop accelerator over time. Under the Single or to transport over long distances. an advanced technology. Axis Alternative, DOE could not achieve While LANL already has the requisite DOE also considered whether it the three-dimensional or sequential plutonium storage and handling would be prudent to wait until it has capability that could be achieved with infrastructure at its Plutonium Facility made the programmatic decisions dual axis capability, thus defeating a and other facilities, no other DOE site expected to follow the completion of the key component of the purpose and need currently has a plutonium storage and Stockpile Stewardship and Management for the project. handling capability sufficient to support Programmatic EIS [60 FR 31291] or the The three options under the Enhanced dynamic experiments with plutonium. LANL Sitewide EIS [60 FR 25697] now Containment Alternative would impede DOE has determined that it would be under preparation. The DARHT EIS the image quality somewhat, but not to unreasonably costly (up to about notes that the actions needed to improve an unacceptable level. Containment also $10,000 per square foot) to construct DOE’s capability to conduct decreases testing efficiency in that it new plutonium handling and storage hydrodynamic tests and dynamic would take more time to prepare and facilities at another site when adequate experiments are included within the execute a new test and would not allow operating technical facilities are already stockpile stewardship mission defined for overhead diagnostics. in place and in use at LANL. In by the President and Congress. The DOE addition, LANL already has an National Security proposal to provide enhanced high- infrastructure in place to support the resolution multiple-view radiographic DOE needs to achieve high-resolution, ongoing (non-plutonium) testing capability responds to Presidential and high-speed multiple-axis radiographic program at PHERMEX. Congressional direction. For the reasons hydrodynamic capability as soon as noted below, DOE finds that this possible to ensure the greatest degree of Balancing Decision Factors decision to acquire enhanced capability confidence in the continued safety and In order to be able to continue to will not prejudice its future decisions reliability of the nuclear weapons ensure the safety and reliability of the regarding stockpile stewardship and stockpile. DOE needs to be able to use existing stockpile, DOE needs to obtain management, or regarding providing an this type of capability to perform an enhanced capability to perform Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53595 hydrodynamic tests and dynamic equipment planned for DARHT and to outset with most tests and experiments experiments, and to obtain that not use it for dynamic experiments with conducted inside modular single-walled capability as soon as possible. DOE plutonium. In the event that DOE steel containment vessels. If this cannot afford to wait for development of decided to operate DARHT without limitation were imposed, the number of future advanced technologies, but conducting plutonium experiments, tests that could be conducted early in instead must make use of known DOE would have to maintain PHERMEX the operating life of the facility would technology. into the indefinite future to provide a be significantly reduced. Although some Because DOE needs to be able to capability to conduct plutonium conceptual work has been done, DOE perform contained dynamic experiments without taking advantage has not yet designed the modular experiments with plutonium, DOE of DARHT’s enhanced capability. This vessels. DOE would have to perfect a needs to have a plutonium handling would neither be cost-effective nor meet prototype vessel before fabricating all capability to support the dynamic national security goals. Accordingly, the vessels needed. The use of modular experiments; this support infrastructure DOE decided against the option of vessels depends on construction and is already in place at LANL and it completing DARHT but limiting the use operation of the Vessel Cleanout would be too costly (several hundred of the facility to exclude the use of Facility; the design for this building million dollars) to replicate these plutonium while maintaining could not be finalized until after the facilities at another site solely to PHERMEX indefinitely (the Plutonium prototype vessels were perfected in support an enhanced radiographic Exclusion Alternative). order to determine the specific details of capability. Similarly, the safe transport DOE initially preferred the DARHT cleanout equipment and techniques. of containment vessels that have been Baseline Alternative. However, after DOE estimates that it would take used for dynamic experiments with examining the environmental impacts approximately 10 years beyond the plutonium from another site to LANL identified in the DARHT EIS, and the available date of the DARHT facility to would be prohibitively expensive. For public and agency comments on the complete these activities and be able to these reasons, DOE needs to provide an draft DARHT EIS, DOE recognized that conduct a full schedule of contained enhanced radiographic capability at achieving an enhanced level of tests. DOE finds that a delay of five or LANL. containment provides an opportunity to ten years to implement the modular DOE has concluded that the existing increase the quality of DOE’s vessel containment system before radiography equipment at PHERMEX environmental stewardship by operating the DARHT facility would be (the No Action Alternative) does not decreasing contamination from unacceptable and would not meet the meet the Department’s need for expended test materials (the Enhanced Department’s need to obtain the use of enhanced high-resolution multiple-view Containment Alternative). Therefore DARHT’s capability as soon as possible. radiographic capability. Enlarging the DOE has decided against implementing By phasing the implementation of the existing PHERMEX facility or the DARHT Baseline Alternative by vessel prototyping program, within constructing a second axis at PHERMEX itself, even though providing an about 10 years DOE could achieve the would require DOE to forego its enhanced level of containment is more same environmental protection results hydrodynamic capability at LANL for 51 expensive. From a programmatic as could be obtained under the Vessel months. DOE finds that a 51-month loss standpoint, the immediate use of vessel Containment Option without delaying of its ability to conduct hydrodynamic or building containment could have or adversely affecting its ability to tests and dynamic experiments at LANL serious design or operating limitations. operate DARHT. Therefore, DOE is an unacceptable situation. Therefore Phasing a program of vessel developed the Phased Containment DOE decided not to upgrade the existing containment over ten years would allow Option. Under this option, for the first PHERMEX facility to achieve enhanced DOE to take advantage of the 10 years environmental mitigation single or dual axis radiographic environmental mitigation effect of would be greater than would occur capability (the Upgrade PHERMEX enhanced vessel containment while still under the DARHT Baseline Alternative Alternative). allowing the DARHT facility to be but less than would occur under the DOE needs to obtain high-resolution completed relatively quickly to meet Vessel Containment Option; after that multiple-view radiographic capability to national security needs as soon as point, environmental mitigation would obtain the best information about possible. be the same for the Phased Containment nuclear weapons primaries. To equip Under the Building Containment Option and the Vessel Containment only one axis of the dual axis DARHT Option, the concrete containment Option. Accordingly, DOE has decided facility would not allow DOE to obtain structure would have to be very large in to implement the Phased Containment three-dimensional or time-sequenced comparison to the firing site to contain Option rather than delay operation of information. Although there would be a the overpressure from an explosive test; DARHT, as would have been the case cost reduction of about one-third if DOE DOE would forego the capability for under the Vessel Containment Option. did not equip the second axis, there experiments or tests using large For some tests, DOE cannot meet would be very little difference in amounts of high explosives or other programmatic objectives if vessel environmental impact, and national specific types of large-scale tests containment is used. Therefore, on a security goals would not be met. because of the structural limitations of case-by case basis, DOE may opt to Therefore, DOE decided against the building. Also, this option would conduct certain types of non-plutonium installing accelerator equipment in only place serious constraints on DOE’s tests as uncontained, such as those one axis of the DARHT facility (the ability to conduct dynamic experiments using a very large explosive charge Single Axis Alternative). with plutonium because of the difficulty (larger than the containment vessel DOE needs to obtain high-resolution in moving the large, double-walled steel rating); those requiring complex radiographic capability to conduct, containment vessels needed for diagnostics (such as certain optics or among other things, contained dynamic plutonium experiments in and out of laser tests) that cannot be achieved experiments with plutonium. It would the containment building. using a containment vessel; those be inconsistent with national security The DARHT EIS analysis of the Vessel requiring measurement of material goals to go to the expense of obtaining Containment Option assumed that the movement beyond the confines of the the high-resolution radiographic DARHT facility would operate from the vessel; or those using a very small 53596 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices explosives charge or small amounts of response to the draft DARHT EIS. Being SUMMARY: The Department of Energy hazardous materials in which use of the fully apprised of the environmental announces that it intends to conduct a vessel would not be practical, cost- consequences of the proposal and its competitive program solicitation and effective, or environmentally significant. several alternatives, as well as the cost award financial assistance (grants) in After the phased containment program considerations and other decision support of advanced coal research to U. is fully implemented, DOE expects to factors described above, I have S. Colleges and Universities. These reduce by at least 75% the emissions concluded the following: grants will be awarded to a limited from test assemblies made from —Completing and operating the DARHT number of proposals selected on the beryllium, depleted uranium, or facility at LANL would meet the need basis of scientific merit and subject to Resource Conservation and Recovery of the Department and this nation to the availability of funds. Act characteristic metals. For any obtain as soon as possible an FOR FURTHER INFORMATION CONTACT: Ms. experiment that is contained, DOE enhanced capability to perform high- Mary S. Price, U. S. Department of expects that at least 99% by mass of resolution, multiple-image Energy, Pittsburgh Energy Technology these materials would be retained inside radiography to diagnose Center, P. O. Box 10940 (MS 921–143), the vessel. hydrodynamic tests and dynamic Pittsburgh, PA 15236–0940, AC (412) Mitigation Measures experiments. 892–6179. The solicitation will be made available on DOE’s PETC World Wide Through the environmental impact —Conducting most tests and Web Server Internet System (http:// analysis process, and in conjunction experiments inside modular steel www.petc.doe.gov/business). If with consultations with affected containment vessels will reduce the recipients are unable to access the American Indian tribes and with the potential for contamination from dispersal of materials from the Internet System, the solicitation will be U.S. Fish and Wildlife Service, DOE 1 developed several mitigation measures explosive-driven tests. available on a 3 ⁄2’’ diskette, double- to protect soils, water, wildlife, biotic, —Phasing in the implementation of the sided/high density, upon receipt of and cultural resources. Some mitigation modular vessel system over a ten-year written request via facsimile (FAX) at measures would apply during period will allow DOE to gain the (412) 892–6216. construction activities, and some for the benefit of operating the DARHT SUPPLEMENTARY INFORMATION: Through duration of the project. DOE has agreed facility as quickly as possible. Program Solicitation DE–PS22– to an ongoing consultation process with —The incrementally higher impacts 96PC96200, the DOE is interested in affected American Indian tribes to during the phase-in period do not applications from U. S. Colleges and ensure protection of cultural resources pose an unacceptable risk to public Universities (and university-affiliated and sites of cultural, historic or religious health and welfare, or to the research centers submitting applications importance to the tribes. DOE will take environment. through their respective university) for special precautions to protect the I have therefore determined that DOE research and advanced concepts related Mexican spotted owl, a federally-listed will implement the Phased Containment to coal science that have the potential to threatened species, and in consultation Option of the Enhanced Containment improve our fundamental scientific and with the U.S. Fish and Wildlife Service, Alternative, identified as the preferred technical understanding of the chemical will prepare a laboratory-wide habitat alternative in the DARHT EIS. As part and physical processes in coal management plan for all threatened and of this action, DOE will take additional conversion and utilization. The endangered species occurring mitigation measures, specified herein, Department of Energy, pursuant to 10 throughout LANL in order to determine including those to protect the habitat of CFR 600.7(b)(1), intends to award on a long-range mitigation actions to protect threatened or endangered species, and restricted eligibility basis. the habitats for these species. The to protect cultural resource sites and Eligibility habitat management plan will be other locations of interest to affected completed within 3 years from the date American Indian tribes. These actions Applications under this solicitation of this decision, and will be updated as will allow DOE to meet its may be submitted in response to the necessary. DOE will implement the responsibility to ensure the safety and requirements of the (1) University Coal mitigation measures discussed in reliability of the nuclear weapons Research (UCR) Core Program, (2) Joint section 5.11 of volume 1 of the DARHT stockpile, while meeting its additional University/Industry Coal Program, or (3) EIS. In accordance with 10 CFR responsibility for environmental Historically Black Colleges and 1021.331, DOE is preparing a Mitigation stewardship of the lands and resources Universities (HBCU)/Non-Historically Action Plan that will identify specific entrusted to its care. Black Colleges and Universities Partnership Program. actions needed to implement these Issued at Washington, D.C. October 10, mitigation measures, and provide 1995. Applications must address coal research in one of the seven technical schedules for completion. These Victor H. Reis, mitigation measures represent all topics: (1) Coal Science; (2) Coal Surface Assistant Secretary for Defense Programs. practicable means to avoid or minimize Science; (3) Reaction Chemistry; (4) harm from the alternative selected. [FR Doc. 95–25596 Filed 10–13–95; 8:45 am] Advanced Process Concepts; (5) BILLING CODE 6450±01±P Engineering Fundamentals and Conclusion Thermodynamics; (6) Environmental In accordance with the provisions of Science; or (7) Minimization of NEPA, its implementing regulations, Notice of Restricted Eligibility Support Environmental Impact. and DOE’s NEPA regulations, and of Advanced Coal Research at U.S. Details on the UCR Core Program, the consistent with the U.S. District Court Colleges and Universities Joint University/Industry Coal Research Order of May 5, 1995, I have considered AGENCY: Department of Energy (DOE), Program, and the Historically Black the information contained within the Pittsburgh Energy Technology Center Colleges and Universities/Non- final DARHT EIS, including the (PETC). Historically Black Colleges and classified supplement to that EIS, and Universities Partnership Program ACTION: Notice of restricted eligibility. the public comments received in eligibility requirements, budget Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53597 limitations, and technical topic the DSIs and are comparable to (40%) of the capital stock of Edegel will descriptions are contained in the competing offers being made by other be retained by the Republic of Peru. The Program Solicitation. utilities, marketers, and brokers to the Peruvian government has granted The Government reserves the right to DSIs. In making this decision, BPA is Edegel a concession to hold and operate merge the program categories based continuing its Market-Driven approach five hydroelectric generating facilities, upon the legal status of the program set- for participation in the increasingly the dam, reservoir and tunnel system asides. competitive electric power market. that supplies water to these plants, a This notice announces the availability thermal generating plant, Awards of the ROD for executing 5-year power interconnecting transmission lines and a DOE anticipates awarding financial sales contracts with these DSI repair and maintenance workshop with assistance (grants) for each project customers. This decision is consistent a total installed generation capacity of selected. Approximately $3.8 million with BPA’s Business Plan, Business approximately 693 megawatts. The will be available for the Program Plan Environmental Impact Statement successful bidding group will also be Solicitation: $2.625 million is for the (BP EIS)(DOE/EIS–0183, June 1995), and required to add an additional 100 UCR Core Program and should provide the Business Plan ROD (August 15, megawatts of generating capacity within funding for about 15 financial assistance 1995). twelve months of the transfer of shares grants (max. DOE funding of $200,000 ADDRESSES: Copies of this ROD, the BP to the successful bidding group. per award); $0.8 million is set-aside for EIS, and the Business Plan ROD may be Comment date: October 31, 1995 in the Joint University/Industry Coal obtained by calling BPA’s toll-free accordance with Standard Paragraph E Research Program, which should document request line: 1–800–622– at the end of this notice. The support 2 grants (max. DOE funding of 4520. Commission will limit its consideration $400,000 per award); and $0.375 million FOR FURTHER INFORMATION, CONTACT: of comments to those that concern the is set-aside for the Historically Black John M. Taves—ECN, Bonneville Power adequacy or accuracy of the application. Colleges and Universities/Non- Administration, P.O. Box 3621, 2. Boston Edison Company Historically Black Colleges and Portland, Oregon, 97208–3621, phone Universities Partnership Program which number (503) 230–4995, fax number [Docket Nos. ER93–266–003, ER93–940–001 should support one award. (503) 230–4564. and ER94–1644–001] Solicitation Release Date Public Availability: This ROD will be Take notice that on September 26, distributed to all interested and affected 1995, Boston Edison Company tendered The Program Solicitation is expected persons and agencies. for filing its compliance filing in the to be ready for release by October 11, above-referenced dockets. 1995. Applications must be prepared Issued in Portland, Oregon, on September 28, 1995. Comment date: October 20, 1995 in and submitted in accordance with the Sue F. Hickey, accordance with Standard Paragraph E instructions and forms in the Program at the end of this notice. Solicitation and must be received by the Acting Administrator. Department of Energy by November 30, [FR Doc. 95–25595 Filed 10–13–95; 8:45 am] 3. Northern States Power Company 1995. BILLING CODE 6450±01±P (Minnesota) William R. Mundorf, [Docket No. ER95–1575–000] Contracting Officer, Acquisition and Federal Energy Regulatory Take notice that on September 26, Assistance Division. Commission 1995, Northern States Power Company [FR Doc. 95–25593 Filed 10–13–95; 8:45 am] (NSP) tendered for filing an amendment BILLING CODE 6450±01±P [Docket No. EG96±2±000, et al.] in the above-referenced docket. NSP requests the Commission to Houston Industries Energy Peru, Inc., waive its notice requirements and Bonneville Power Administration et al. Electric Rate and Corporate accept the agreements for filing effective Regulation Filings August 19, 1995. Notice of Availability of Record of October 6, 1995. Comment date: October 20, 1995 in Decision for Direct Service Industrial accordance with Standard Paragraph E Customer Power Sales Contract Take notice that the following filings have been made with the Commission: at the end of this notice. AGENCY: Bonneville Power 1. Houston Industries Energy Peru, Inc. 4. Kentucky Utilities Company Administration (BPA), Department of Energy (DOE). [Docket No. EG96–2–000] [Docket No. ER95–1808–000] ACTION: Notice of Availability of Record On October 4, 1995, Houston Take notice that on September 21, of Decision (ROD). Industries Energy—Peru, Inc. (‘‘HIE 1995, Kentucky Utilities Company Peru’’), 611 Walker, 11th Floor, tendered for filing executed copies of SUMMARY: BPA has negotiated new Houston, Texas 77002, filed with the Service Agreements for Power Services power sales contracts with its Direct Federal Energy Regulatory Commission with LG&E Power Marketing, Inc., Stand Service Industry (DSI) customers and an application for determination of Energy Corporation, and Wabash Valley has decided to execute 5-year block exempt wholesale generator status Power Association, Inc. power sales with the DSIs. The contracts pursuant to Part 365 of the Comment date: October 23, 1995 in will maintain a reasonable level of load Commission’s regulations. accordance with Standard Paragraph E which would otherwise be lost to BPA HIE Peru intends to participate in an at the end of this notice. and will produce a 5-year revenue international public bid to acquire sixty 5. Allegheny Power Service stream for BPA that is sufficient, when percent (60%) of the capital stock of Corporation combined with other revenues, to meet Empresa de Generacio´n Ele´ctrica de BPA’s financial and statutory Lima S.A. (‘‘Edegel’’), a Peruvian [Docket No. ER95–1813–000] obligations. These power sales contracts company that is owned by the Republic Take notice that on September 21, are also designed to meet the needs of of Peru. The remaining forty percent 1995, the Allegheny Power Service 53598 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Corporation tendered for filing on behalf amendment to the agreement between as an unsigned service agreement is also of Monongahela Power Company (Mon LG&E and East Kentucky Power submitted with this filing. Power) Supplement No. 2 to Mon Cooperative to update the pricing under Comment date: October 20, 1995 in Power’s FERC Electric Tariff First Service Schedule E, Section 3. accordance with Standard Paragraph E Revised Volume No. 1, as accepted for Comment date: October 20, 1995 in at the end of this notice. filing in Docket No. ER94–1695–000 accordance with Standard Paragraph E 13. PECO Energy Company with Supplement No. 1 in Docket No. at the end of this notice. ER95–18–000. [Docket No. ER95–1823–000] 10. Consolidated Edison Company of Comment date: October 20, 1995 in New York, Inc. Take notice that on September 22, accordance with Standard Paragraph E 1995, PECO Energy Company (PECO) at the end of this notice. [Docket No. ER95–1818–000] filed a Service Agreement dated 6. Niagara Mohawk Power Corporation Take notice that on September 21, September 6, 1995, with Catex Vitol 1995, Consolidated Edison Company of Electric, L.L.C. (CATEX) under PECO’s [Docket No. ER95–1814–000] New York, Inc. (‘‘Con Edison’’) tendered FERC Electric Original Volume No. 1 Take notice that Niagara Mohawk for filing an agreement with Hydro- (Tariff). The Service Agreement adds Power Corporation (Niagara Mohawk) Quebec (‘‘HQ’’) to provide for the sale, CATEX as a customer under the tariff. on September 21, 1995, tendered for purchase, and exchange of surplus PECO requests an effective date of filing an agreement between Niagara energy and capacity. The ceiling rate for September 6, 1995, for the Service Mohawk and Hartford Power Marketing energy sold by Con Edison or HQ is 100 Agreement. (Hartford) dated September 15, 1995, percent of the incremental energy cost PECO states that copies of this filing providing for certain transmission plus up to 10 percent of the SIC. The have been supplied to CATEX and to services to Hartford. rate for capacity sold by Con Edison or the Pennsylvania Public Utility Copies of this filing were served upon HQ is $600 per megawatt/week. Commission. Hartford and the New York State Public Con Edison states that a copy of this Comment date: October 20, 1995 in Service Commission. filing has been served by mail upon HQ. accordance with Standard Paragraph E Comment date: October 20, 1995 in Comment date: October 20, 1995 in at the end of this notice. accordance with Standard Paragraph E accordance with Standard Paragraph E 14. New York State Electric & Gas at the end of this notice. at the end of this notice. Corporation 7. Niagara Mohawk Power Corporation 11. Pacific Gas and Electric Company [Docket No. ER95–1825–000] [Docket No. ER95–1816–000] [Docket No. ER95–1821–000] Take notice that New York State Take notice that Niagara Mohawk Take notice that on September 22, Electric & Gas Corporation (NYSEG) on Power Corporation (Niagara Mohawk) 1995, Pacific Gas and Electric Company September 25, 1995, tendered for filing on September 21, 1995, tendered for (PG&E) tendered for filing the Coastal an amendment and a supplement to its filing an agreement between Niagara Electric Services Company (CESC) and Agreement with Consolidated Edison Mohawk and Heartland Power PG&E Power Enabling Agreement and Company of New York, Inc. (Con Marketing (Heartland) dated September the Citizens Lehman Power Sales Edison), designated Rate Schedule FERC 13, 1995, providing for certain (Citizens) and PG&E Power Enabling No. 87. transmission services to Heartland. Agreement. These Enabling Agreements The amendment changes the effective Copies of this filing were served upon document terms and conditions for the date of rate updates under the rate Heartland and the New York State purchase, sale or exchange of economy schedule from April 1 to September 1 so Public Service Commission. energy and surplus capacity which the that the parties have more time to Comment date: October 20, 1995 in Parties agree to make available to one prepare and file the updates. The accordance with Standard Paragraph E another at defined control area border supplement is made pursuant to the rate at the end of this notice. interconnection points. update provisions of the rate schedule. 8. Niagara Mohawk Power Corporation Copies of this filing have been served NYSEG requests an effective date of upon CESC, Citizens and the California September 1, 1995, and therefore, [Docket No. ER95–1817–000] Public Utilities Commission. requests waiver of the Commission’s Take notice that Niagara Mohawk Comment date: October 20, 1995 in notice requirements. Power Corporation (Niagara Mohawk) accordance with Standard Paragraph E Copies of the filing were served upon on September 21, 1995, tendered for at the end of this notice. Consolidated Edison Company of New filing an agreement between Niagara York and on the Public Service 12. The Washington Water Power Mohawk and Gateway Power Marketing Commission of the State of New York. Company (Gateway) dated September 19, 1995, Comment date: October 20, 1995 in providing for certain transmission [Docket No. ER95–1822–000] accordance with Standard Paragraph E services to Gateway. Take notice that on September 22, at the end of this notice. Copies of this filing were served upon 1995, The Washington Water Power 15. J.D. Loock & Associates Gateway and the New York State Public Company (WWP), tendered for filing a Service Commission. signed service agreement under FERC [Docket No. ER95–1826–000] Comment date: October 20, 1995 in Electric Tariff Volume No. 4 with Take notice that J.D. Loock & accordance with Standard Paragraph E Western Gas Resources Power Associates (JDL) on September 25, 1995, at the end of this notice. Marketing, Inc. along with a Certificate tendered for filing a petition for waivers 9. Louisville Gas and Electric Company of Concurrence with respect to and blanket approvals under various exchanges. WWP requests waiver of the regulations of the Commission, and an [Docket No. ER95–1831–000] prior notice requirement and requests order accepting its Rate Schedule No. 1 Take notice that on September 25, an effective date of October 1, 1995. A to be effective on January 1, 1996. 1995, Louisville Gas and Electric signed service agreement with El Paso JDL intends to engage in electric Company (LG&E) tendered for filing an Electric Company previously approved power and energy transactions as a Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53599 marketer and broker. In transactions Comment date: October 20, 1995 in Commission and are available for public where JDL purchasers power, including accordance with Standard Paragraph E inspection. capacity and related services from at the end of this notice. Lois D. Cashell, electric utilities, qualifying facilities, 18. Wisconsin Power and Light Secretary. and independent power producers, and Company [FR Doc. 95–25528 Filed 10–13–95; 8:45 am] resells such power to other purchasers, BILLING CODE 6717±01±P JDL will be functioning as a marketer. In [Docket No. ER95–1829–000] JDL’s marketing transactions, JDL Take notice that on September 25, proposes to charge rates mutually 1995, Wisconsin Power and Light Federal Energy Regulatory agreed upon by the parties. Sales will be Company (WP&L) tendered for filing an Commission at arms length, and no sales will be Agreement dated August 30, 1995, [Docket No. EF95±5012±000, et al.] made to affiliated entities. In establishing LG&E Power Marketing Inc. transactions where JDL does not take as a customer under the terms of Western Area Power Administration, et title for the electric energy and/or WP&L’s Transmission Tariff T–2. power, JDL will be limited to the role of al., Electric Rate and Corporate a broker and charge a fee for its services. WP&L requests an effective of August Regulation Filings 30, 1995 and accordingly seeks waiver JDL is not in the business of producing October 5, 1995. or transmitting electric energy. JDL does of the Commission’s notice requirements. A copy of this filing has Take notice that the following filings not currently have or contemplate have been made with the Commission: acquiring title to any electric power been served upon the Public Service transmission facilities. Commission of Wisconsin. 1. Western Area Power Administration Rate Schedule No. 1 provides for the Comment date: October 20, 1995 in [Docket No. EF95–5012–000] sale of energy and capacity at agreed accordance with Standard Paragraph E at the end of this notice. Take notice that on September 19, prices. Rate Schedule No. 1 also 1995, the Deputy Secretary of the provides that no sales may be made to 19. Multitrade of Pittsylvania County, Department of Energy, by Rate Order affiliates. L.P. No. WAPA–72, did confirm and Comment date: October 20, 1995 in approve on an interim basis, to be accordance with Standard Paragraph E [Docket No. ER95–1830–000] effective on October 1, 1995, the at the end of this notice. Take notice that Multitrade of Western Area Power Administration’s 16. PECO Energy Company Pittsylvania County, L.P. (MPC) on (Western) Rate Schedule CV–F8 for September 25, 1995, tendered for filing [Docket No. ER95–1827–000] commercial firm-power service from the an Amendment No. 2 to the Power Central Valley Project (CVP). Take notice that on September 25, Purchase and Operating Agreement The rates in Rate Schedule CV–F8 1995, PECO Energy Company (PECO) between MPC and Virginia Electric and will be in effect pending the Federal tendered for filing a Service Agreement Power Company (Virginia Power). Energy Regulatory Commission’s (FERC) dated September 20, 1995, with Phibro, Amendment No. 2 revises the definition approval of these or of substitute rates Inc. (PHIBRO) under PECO’s FERC of ramp up and ramp down parameters on a final basis, ending April 30, 1998. Electric Tariff Original Volume No. 1 for the integration of MPC’s facility with The power repayment study for the (Tariff). The Service Agreement adds the Virginia Power System. MPC CVP rate adjustment indicates that the PHIBRO as a customer under the Tariff. requests that the Commission to waive existing rates yield revenue in excess of PECO requests an effective date of its notice requirements to permit that required to satisfy the cost-recovery September 20, 1995, for the Service Amendment No. 2 to become effective criteria through the study period. The Agreement. as of July 24, 1995. Copies of the filing provisional rates will yield adequate PECO states that copies of this filing have been served upon Virginia Power. have been supplied to PHIBRO and to revenue to satisfy these criteria. the Pennsylvania Public Utility Comment date: October 20, 1995 in The Administrator of Western Commission. accordance with Standard Paragraph E certifies that the rates are consistent Comment date: October 20, 1995 in at the end of this notice. with applicable law and that they are the lowest possible rates consistent with accordance with Standard Paragraph E Standard Paragraph at the end of this notice. sound business principles. The Deputy E. Any person desiring to be heard or Secretary of the Department of Energy 17. Northeast Utilities Service Company to protest said filing should file a submits the rate schedule for [Docket No. ER95–1828–000] motion to intervene or protest with the confirmation and approval on a final Take notice that Northeast Utilities Federal Energy Regulatory Commission, basis for a 21⁄2-year period beginning Service Company (NUSCO) on 825 North Capitol Street, N.E., October 1, 1995, and ending April 30, September 25, 1995, tendered for filing, Washington, D.C. 20426, in accordance 1998, pursuant to authority vested in a Service Agreement with Phibro Inc. with Rules 211 and 214 of the FERC by Delegation Order No. 0204– (Phibro) under the NU System Commission’s Rules of Practice and 108, as amended. Companies’ System Power Sales/ Procedure (18 CFR 385.211 and 18 CFR Comment date: October 20, 1995 in Exchange Tariff No. 6. 385.214). All such motions or protests accordance with Standard Paragraph E Phibro also filed a Certificate of should be filed on or before the at the end of this notice. Concurrence as it relates to exchange comment date. Protests will be 2. International Power Advisors, Inc. transactions under the Tariff. considered by the Commission in NUSCO states that a copy of this filing determining the appropriate action to be [Docket No. EG96–1–000] has been mailed to Phibro. taken, but will not serve to make On October 2, 1995, International NUSCO requests that the Service protestants parties to the proceeding. Power Advisors, Inc. (International Agreement become effective in Any person wishing to become a party Power), c/o Energy Initiatives, Inc., One accordance with the Commission’s must file a motion to intervene. Copies Upper Pond Road, Parsippany, New Regulations. of this filing are on file with the Jersey 07054, filed with the Federal 53600 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Energy Regulatory Commission an for filing an amendment in the above- Commonwealth Edison Company and application for determination of exempt referenced docket. Commonwealth Edison Company of wholesale generator status pursuant to Comment date: October 19, 1995 in Indiana; Indiana Municipal Power Part 365 of the Commission’s accordance with Standard Paragraph E Agency; Wabash Valley Power regulations. at the end of this notice. Association; Central Illinois Public International Power, a Delaware Service Company; LG&E Power 6. Blackstone Valley Electric Company corporation, was formed to operate and Marketing, Inc.; Wisconsin Electric maintain, together with EI Services [Docket No. ER95–1520–000] Power Company; and Rainbow Energy Colombia, Ltda. (EI Services Colombia), Take notice that on September 21, Marketing Company. All of the a gas fired electric generating facility 1995 Blackstone Valley Electric Interchange Agreements are currently with a capacity of up to 980MW to be Company (Blackstone) filed an amended on file with the Commission and have located in Soledad near Barranquilla, version of the contract with New been allowed to become effective. Colombia (the Facility). International England Power Company filed in this The Addenda details Northern’s Power intends to operate the Facility docket conforming to the method for recovery of emission together with EI Services Colombia recommendations of the rate filing staff. allowance costs in coordination power pursuant to an operation and The Company submits the amended sales. Each Revised Addenda provides maintenance agreement with the contract as a replacement for that that repayments in kind of Emission Facility’s owner, Termobarranquilla originally filed. Allowances are to be made no later than S.A., Empresa de Servicios Publicos , a The amended contract incorporates a two (2) weeks prior to the EPA’s final Colombia corporation. All of the formula rate for the determination of a reporting date of Emission Allowance Facility’s electricity will be sold at Contribution In Aid of Construction and usage, rather than no later than one (1) wholesale to Corporacion Electrica de la Monthly Expenses which differs from week. Northern requests that the Costa Atlantica, a Colombian entity. that incorporated in the contract as Revised Addenda be allowed to become Comment date: October 27, 1995 in originally submitted. The formula rate effective as of September 19, 1995. accordance with Standard Paragraph E in the amended contract was developed A copy of the filing was served by at the end of this notice. in cooperation with the rate filing staff. Northern upon each of the affected 3. New York Mercantile Exchange Comment date: October 19, 1995 in companies listed above and the Indiana accordance with Standard Paragraph E Utility Regulatory Commission. [Docket No. EL95–81–000] at the end of this notice. Comment date: October 19, 1995 in Take notice that on September 28, accordance with Standard Paragraph E 7. New York State Electric & Gas 1995, the New York Mercantile at the end of this notice. Exchange (NYMEX), a New York Corporation corporation whose principal place of [Docket No. ER95–1589–000] 10. Cleveland Electric Illuminating business and corporate address is Four Company Take notice that on September 25, World Trade Center, New York, New [Docket No. ER95–1795–000] York 10048, filed in the above- 1995, tendered for filing an amendment referenced docket, pursuant to Rule in the above-referenced docket. Take notice that on September 19, 207(a)(2) of the Commission’s Rules of Comment date: October 20, 1995 in 1995, Cleveland Electric Illuminating Practice and Procedure, 18 CFR 385.207, accordance with Standard Paragraph E Company tendered for filing a Power a Petition for Declaratory Order to the at the end of this notice. Sales Agreement dated September 15, 1995 between CEI and Hartford Power effect that certain electricity futures 8. Duquesne Light Company contracts (Contracts) that NYMEX Sales, L.L.C. CEI states that the Power [Docket No. ER95–1783–000] intends to list for trading will not Sales Agreement is a long-term constitute ‘‘securities’’ within the Take notice that on September 15, agreement pursuant to which CEI will meaning of Section 3(16) of the Federal 1995, Duquesne Light Company (DLC) sell power to Hartford at negotiated Power Act (FPA), and that the trading of filed a Service Agreement dated rates which are substantially lower than these contracts by public utilities will September 7, 1995 with Engelhard the ceiling rates previously accepted by not, in and of itself, implicate Power Marketing, Inc. under DLC’s the Commission for sales by CEI to other Commission jurisdiction under Sections FERC Coordination Sales Tariff (Tariff). customers. CEI has requested that the 203 and/or 204 of the FPA. The Service Agreement adds Engelhard Commission waive its regulations to the Comment date: Thirty days from Power Marketing, Inc. a customer under extent necessary to permit the Power publication in the Federal Register in the Tariff. DLC requests an effective date Sales Agreement to be made effective as accordance with Standard Paragraph E of September 7, 1995 for the Service of September 23, 1995.@ at the end of this notice. Agreement. On September 20, 1995, CEI tendered Comment date: October 19, 1995 in for filing a table of estimated sales and 4. Amoco Power Marketing, Inc. accordance with Standard Paragraph E revenues under the Power Sales [Docket No. ER95–1359–000] at the end of this notice. Agreement which was inadvertently omitted from its September 19, 1995 Take notice that on September 14, 9. Northern Indiana Public Service filing in this docket. 1995, Amoco Power Marketing, Inc. Company tendered for filing an amendment in the Comment date: October 19, 1995 in above-referenced docket. [Docket No. ER95–1786–000] accordance with Standard Paragraph E Comment date: October 19, 1995 in Take notice that on September 18, at the end of this notice. accordance with Standard Paragraph E 1995, the Northern Indiana Public 11. Public Service Company of New at the end of this notice. Service Company (Northern) tendered Mexico for filing the Revised Addenda to 5. Georgia Power Company Northern’s Interchange Agreements with [Docket No. ER95–1800–000] [Docket No. ER95–1513–000] Indiana Michigan Power Company; PSI Take notice that on September 20, Take notice that on September 18, Energy, Inc.; Customers Power Company 1995, Public Service Company of New 1995, Georgia Power Company tendered and the Detroit Edison Company; Mexico (PNM) tendered for filing Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53601
Service Schedule I (Service Schedule I) 13. MidAmerican Energy Company 16. Arizona Public Service Company between PNM and El Paso Electric [Docket No. ER95–1802–000] [Docket No. ER95–1805–000] Company (EPE) and the Transfer of Take notice that on September 21, Operating Agent for SWNMT letter Take notice that on September 20, 1995, Arizona Public Service Company 1995, MidAmerican Energy Company agreement (Transfer Letter Agreement) (APS) tendered for filing a revised (MidAmerican) filed with the between PNM, EPE and Texas-New Exhibit applicable under the City of Commission two Service Agreements Mexico Power Company (TNP). Williams Wholesale Power Supply with AES Power, Inc. (AES) dated Service Schedule I sets forth the terms Agreement, APS-FERC Rate Schedule September 8, 1995 and Rainbow Energy and conditions under which PNM will No. 192. provide EPE with firm point to point Marketing Corporation (Rainbow) dated Current rate levels are unaffected, and and interruptible transmission service. August 25, 1995, entered into pursuant no other change in service to this or any The Transfer Letter Agreement to Section 4.0 of MidAmerican’s Non- other customer results from the revision effectuates EPE taking over the duties Firm Point-to-Point Transmission proposed herein. No new or Service Tariff which was accepted for and liabilities of the operating agent for modifications to existing facilities are filing by the Commission in Docket No. all 345 Kv Southwest New Mexico required as a result of these revisions. ER95–188–000. Transmission (SWNMT) project A copy of this filing has been served facilities including the Hidalgo and MidAmerican requests an effective on the City of Williams and the Arizona Luna substations. date of September 8, 1995 for the Corporation Commission. Agreement with AES and August 25, Comment date: October 19, 1995 in PNM requests waiver of the 1995 for the Agreement with Rainbow, accordance with Standard Paragraph E Commission’s notice requirements in and accordingly seeks a waiver of the at the end of this notice. order to allow Service Schedule I to be Commission’s notice requirement. implemented as of September 1, 1995. 17. Northern States Power Company MidAmerican has served a copy of the Further, PNM requests that the Transfer (Minnesota), Northern States Power filing on AES, Rainbow, the Iowa Letter Agreement become effective on Company (Wisconsin) Utilities Board, the Illinois Commerce September 12, 1995, the date upon Commission and the South Dakota [Docket No. ER95–1806–000] which the transfer was fully completed. Public Utilities Commission. Take notice that on September 20, Copies of this notice have been 1995, Northern States Power Company- Comment date: October 19, 1995 in mailed to EPE, TNP, Plains Electric Minnesota (NSP-M) and Northern States accordance with Standard Paragraph E Generation and Transmission Power Company-Wisconsin (NSP-W) at the end of this notice. Cooperative, Inc., Tucson Electric Power jointly tender and request the Company and the New Mexico Public 14. Public Service Electric and Gas Commission to accept a Transmission Utility Commission. Company Service Agreement which provides for Comment date: October 19, 1995 in 50 MW of Reserved Transmission [Docket No. ER95–1803–000] Service to Wisconsin Power and Light accordance with Standard Paragraph E Company beginning August 25, 1995, at the end of this notice. Take notice that on September 20, 1995, Public Service Electric and Gas through September 1, 1995. The source 12. MidAmerican Energy Company Company (PSE&G) tendered for filing an party is Otter Tail Power Company and the recipient party is Wisconsin Power [Docket No. ER95–1801–000] initial rate schedule to provide fully interruptible transmission service to the and Light Company. Take notice that on September 20, InterCoast Power Marketing Company NSP requests that the Commission 1995, MidAmerican Energy Company for delivery of non-firm wholesale accept for filing the Transmission (MidAmerican) filed with the electrical power and associated energy Service Agreement effective as of Commission two Umbrella Service output utilizing the PSE&G bulk power August 25, 1995. NSP requests a waiver Agreements with AES Power, Inc. (AES) transmission system. of the Commission’s notice dated September 8, 1995 and Rainbow requirements pursuant to Part 35 so the Comment date: October 19, 1995 in Energy Marketing Corporation Agreement may be accepted for filing accordance with Standard Paragraph E (Rainbow) dated August 25, 1995, effective on the date requested. at the end of this notice. entered into pursuant to Section 5.2 of Comment date: October 19, 1995 in MidAmerican’s Firm Point-to-Point 15. Florida Power & Light Company accordance with Standard Paragraph E Transmission Service Tariff which was at the end of this notice. [Docket No. ER95–1804–000] accepted for filing by the Commission in 18. Commonwealth Electric Company Docket No. ER95–188–000. Take notice that on September 21, Cambridge Electric Light Company 1995, Florida Power & Light Company MidAmerican requests an effective [Docket No. ER95–1807–000] (FPL) tendered for filing an Amendment date of September 8, 1995 for the Take notice that on September 21, Agreement with AES and August 25, No. Three to the Stanton Transmission Service Agreement between Florida 1995, Commonwealth Electric Company 1995 for the Agreement with Rainbow, (Commonwealth) on behalf of itself and and accordingly seeks a waiver of the Power & Light Company and Florida Municipal Power Agency. Cambridge Electric Light Company Commission’s notice requirement. (Cambridge), collectively referred to as MidAmerican has served a copy of the FPL requests that the proposed the ‘‘Companies’’, tendered for filing filing on AES, Rainbow, the Iowa service agreements be permitted to with the Federal Energy Regulatory Utilities Board, the Illinois Commerce become effective on September 23, Commission executed Service Commission and the South Dakota 1995, or as soon thereafter as Agreements between the Companies and Public Utilities Commission. practicable. the following Customers: Comment date: October 19, 1995 in Comment date: October 19, 1995 in Coastal Electric Services Company accordance with Standard Paragraph E accordance with Standard Paragraph E Massachusetts Municipal Wholesale Electric at the end of this notice. at the end of this notice. Company 53602 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Middleborough Gas and Electric Department Company (WPL) tendered for filing a [Docket No. CP95±706±000, et al.] Princeton Municipal Light Department revised appendix to the existing Rainbow Energy Marketing Corporation Interconnection agreement between El Paso Natural Gas Company, et al.; These Service Agreements specify Madison Gas and Electric Company Natural Gas Certificate Filings that the Customers have signed on to (MG&E) and WPL. October 6, 1995. and have agreed to the terms and WPL requests that an effective date conditions of the Companies’ Power concurrent with the contract effective date be Take notice that the following filings Sales and Exchanges Tariffs designated assigned. WPL states that copies of the have been made with the Commission: as Commonwealth’s Power Sales and agreement and the filing have been provided 1. El Paso Natural Gas Company Exchanges Tariff (FERC Electric Tariff to MG&E Company and the Wisconsin Public Original Volume No. 3) and Cambridge’s Service Commission. [Docket No. CP95–706–000] Power Sales and Exchanges Tariff (FERC Comment date: October 19, 1995 in Take notice that on August 23, 1995, Electric Tariff Original Volume No. 5). accordance with Standard Paragraph E as supplemented on September 27, These Tariffs, approved by FERC on at the end of this notice. 1995, El Paso Natural Gas Company (El April 13, 1995, and which have an Paso), Post Office Box 1492, El Paso, effective date of March 20, 1995, will 22. Public Service Electric and Gas Texas 79978, filed in Docket No. CP95– allow the Companies and the Customers Company 706–000, a request pursuant to Section to enter into separately scheduled [Docket No. ER95–1812–000] 157.205 of the Commission’s transactions under which the Regulations under the Natural Gas Act Companies will sell to the Customers Take notice that on September 21, (18 CFR 157.205) for authorization to capacity and/or energy as the parties 1995, Public Service Electric and Gas modify, then operate the existing Llano may mutually agree. Company (PSE&G) of Newark, New Grama Ridge Receipt Point, located in The Companies request an effective Jersey tendered for filing an agreement Lea County, New Mexico, as a dates as specified on each Service for the sale of energy and capacity of bidirectional receipt/delivery point, Agreement. Comment date: October 19, 1995 in PECO Energy Company (PECO). under the authorization issued in accordance with Standard Paragraph E PSE&G requests the Commission to Docket No. CP82–435–000 pursuant to at the end of this notice. waive its notice requirements to permit Section 7 of the Natural Gas Act. It is the Energy Sales Agreement to become stated that this conversion will permit 19. Kentucky Utilities Company El Paso to deliver gas to, as well as effective as of September 22, 1995. continue to receive gas from, Llano, Inc. [Docket No. ER95–1808–000] Copies of the filing have been served (Llano), all as more fully set forth in the Take notice that on September 21, upon PECO and the Pennsylvania request which is on file with the 1995, Kentucky Utilities Company Public Utilities Commission. tendered for filing executed copies of Commission and open to public Service Agreements for Power Services Comment date: October 19, 1995 in inspection. with LG&E Power Marketing, Inc., Stand accordance with Standard Paragraph E El Paso states that Llano now desires Energy Corporation, and Wabash Valley at the end of this notice. to receive gas for either redelivery to Power Association, Inc. Standard Paragraph end-users or, in certain instances, Comment date: October 19, 1995 in redelivery into facilities of another accordance with Standard Paragraph E E. Any person desiring to be heard or interstate pipeline company. at the end of this notice. to protest said filing should file a Accordingly, El Paso requests 20. Utility-2000 Energy Corp. Utility- motion to intervene or protest with the authorization to modify and then Traded Corp. Federal Energy Regulatory Commission, operate the Llano Grama Ridge Receipt 825 North Capitol Street, N.E., Point as a bidirectional receipt/delivery [Docket No. ER95–1809–000] Washington, D.C. 20426, in accordance point to be designated as the Llano Take notice that Utility-2000 Energy with Rules 211 and 214 of the Grama Ridge Meter Station. Corp. and Utility-Trade Corp. (Utility- Commission’s Rules of Practice and El Paso states that the estimate cost of Trade), on September 21, 1995, Procedure (18 CFR 385.211 and 18 CFR the proposed facilities is $28,900 and submitted for filing each of its amended 385.214). All such motions or protests that Llano has agreed to reimburse El electric service tariffs, FERC Rate Paso for the involved costs. It is stated Schedule No. 1. The amendment to each should be filed on or before the that the proposed quantity to be Rate Schedule would authorize sales to comment date. Protests will be any affiliate having a FERC rate considered by the Commission in transported on a firm basis to the Llano schedule permitting sales for resale by determining the appropriate action to be Grama Ridge Meter Station is estimated such affiliate at rates established by taken, but will not serve to make to be 18,250,000 Mcf annually, or an agreement between the purchaser and protestants parties to the proceeding. average of 50,000 Mcf daily. the affiliate. Utility-2000 and Utility- Any person wishing to become a party El Paso states: (i) operation of the Trade request an effective date of must file a motion to intervene. Copies Llano Grama Ridge Meter Station in October 1, 1995, for each of their of this filing are on file with the bidirectional service is not prohibited respective rate schedules. Commission and are available for public by El Paso’s existing tariff; and (ii) gas Comment date: October 19, 1995 in inspection. volumes will be delivered pursuant to accordance with Standard Paragraph E Lois D. Cashell, transportation arrangements between El at the end of this notice. Paso and any shipper desiring El Paso Secretary. to make deliveries on a shipper’s behalf 21. Wisconsin Power and Light [FR Doc. 95–25527 Filed 10–13–95; 8:45 am] at this meter station. El Paso asserts that Company BILLING CODE 6717±01±P it has sufficient capacity to deliver the [Docket No. ER95–1810–000] requested gas volumes without Take notice that on September 21, detriment or disadvantage to El Paso’s 1995, Wisconsin Power and Light other customers. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53603
Comment date: November 20, 1995 in shippers on the facilities including the from Prima of the certificated storage accordance with Standard Paragraph G Independent Oil & Gas Association of facilities and operation of the facilities at the end of this notice. West Virginia (IOGA). CNG states that it to provide certificated service to has agreed to sell and Eastern has agreed Mountain Fuel without first having 2. CNG Transmission Corporation to purchase the facilities subject to the obtained the necessary authorization [Docket Nos. CP93–200–004, CP95–32–001 Commission’s default contract from the Commission. Mountain Fuel and CP95–245–001] requirements regarding rates and fuel further states that neither Prima, BTA Take notice that on October 3, 1995, loss. It is stated that the sale to Eastern nor NER have made an effort to comply CNG Transmission Corporation (CNG), is based on the default gathering rates with the requirements of the order in 445 West Main Street, Clarksburg, West which are anticipated to be in effect Docket No. CP93–702–000 to return Virginia 26302–2450 filed amendments beginning January 1996, as provided in Mountain Fuel’s storage gas in a timely to applications for abandonment CNG’s rate settlement before the manner. authority to sell certain gathering Commission in Docket No. RP94–96– Mountain Fuel requests that the facilities in West Virginia to Cabot Oil 000. Commission issue an order (i) directing & Gas Corporation (Cabot) in Docket No. CNG anticipates that a default Prima, or BTA and NER, as the case may CP93–200–000 and CP95–32–000. CNG contract can be filed with the be to withdraw and deliver the balance states that Big Sandy Gas Company (Big Commission in the near future that will of Mountain Fuel’s gas at Bridger Lake Sandy), an affiliate of Cabot which be acceptable to most producers and by October, 13, 1996, (ii) ordering would have been receiving and shippers which Eastern and IOGA have Prima, or BTA and NER, as the case may operating the gathering facilities, also agreed upon. CNG understands that Big be, to purchase and deliver to Mountain filed requests for a declaratory order for Sandy and Parker & Parsley will be Fuel at withdrawal rates in accordance non-jurisdictional status of the gathering filing pleadings in their respective with the 1992 letter agreement, the gas facilities in Docket Nos. CP93–198–000 dockets reflecting these changed they cannot redeliver pursuant to the and CP95–46, respectively. circumstances and Eastern will also file 1994 order, and (iii) providing CNG states that it also filed for in these dockets to be substituted as Mountain Fuel any other relief the abandonment authority to sell certain petitioner. Commission deems appropriate. gathering facilities in central West CNG also requests that the response Comment date: November 6, 1995 in Virginia to Parker & Parsley Gas date for filing a default contract be accordance with the first paragraph of Processing Company (Parker & Parsley) extended to November 1, 1995. CNG Standard Paragraph F at the end of this in docket No. CP95–254–000. It is stated states that Big Sandy has authorized notice. that Parker & Parsley also filed a request CNG to file on its behalf this response 4. ANR Pipeline Company for a declaratory order for non- to the Commission’s letter dated August jurisdictional status of the gathering 30, 1995 in Docket No. CP93–200–000 [Docket No. CP95–788–000] facilities in Docket No. CP95–244–000. and CP93–198–000. Take notice that on September 28, It is stated that Cabot and CNG have Comment date: October 27, 1995 in 1995, ANR Pipeline Company (ANR), attempted unsuccessfully to resolve accordance with Standard Paragraph F 500 Renaissance Center, Detroit, pricing issues concerning the Cabot at the end of this notice. Michigan 48243, filed in Docket No. sales, with CNG terminating letters of 3. Mountain Fuel Supply Company v. CP95–788–000 an application pursuant intent between the parties, effective Prima Exploration, Inc., BTA Oil to Section 7(b) of the Natural Gas Act for October 1, 1995. CNG states that, due to authorization to abandon a natural gas Producers, and NGC Energy Resources, a change by Parker & Parsley in its exchange service between ANR and Limited Partnership Appalachian operations, CNG has also Union Oil Company of California elected to terminate the purchase and [Docket No. CP95–784–000] (UNOCAL), all as more fully set forth in sale agreement between CNG and Parker Take notice that on September 28, the application on file with the & Parsley. However, CNG states that it 1995, Mountain Fuel Supply Company Commission and open to public has entered into a letter of intent with (Mountain Fuel), 180 East First South inspection. Eastern States Oil & Gas, Inc. (Eastern) Street, Salt Lake City, Utah 84111 filed ANR proposes to abandon the service to sell Eastern the same gathering with the Commission in Docket CP95– which was authorized by the facilities being sold to Cabot and Parker 784–000 a complaint against Prima Commission in Docket No. CP81–13– & Parsley. It is stated that a definitive Exploration, Inc. (Prima), 7800 East 000, and carried out under the terms of Purchase and Sale Agreement will be Union Avenue, Denver, Colorado 80237, an agreement dated June 27, 1980, and signed in the near future. BTA Oil Producers, (BTA) 104 South on file as Rate Schedule X–113 of ANR’s Additionally, CNG states that Exhibit Pecos, Midland, Texas 79701, and NGC FERC Gas Tariff, Original Volume No. 2. Y in the above-referenced dockets have Energy Resources, Limited Partnership, It is stated that Michigan Wisconsin been supplemented to reflect the 13430 Northwest Freeway, Suite 1200, Pipe Line (MichWisc), ANR’s accounting entries for the new Houston 77040–6095 (NER). Mountain predecessor, was authorized to deliver purchaser and depreciation as of Fuel states that its complaint is based on up to 3,000 Mcf of gas per day for December 31, 1995. CNG contends that Prima’s failure to comply with the UNOCAL for maximum periods of 3 the result of the combined sale is a Commission’s order in Docket No. days per exchange transaction at a point decrease in the stranded costs incurred CP93–702–000 1 authorizing Prima to near ANR’s Creole Meter Station, by CNG in disposing of the three largest withdraw and deliver to Mountain Fuel located offshore Louisiana. It is stated sales by $1,500,000 through increased its storage gas at the Bridger Lake Field that UNOCAL was authorized to proceeds and with the effect of in Summit County, Utah and Uinta redeliver equivalent quantities of gas to depreciation through December 31, County, Wyoming. Mountain Fuel also MichWisc at the same point. 1995. states that its complaint against BTA It is stated that in a letter dated In response to the Commission’s and NER is based on their acquisition September 20, 1993, ANR notified request to file a default contract, CNG UNOCAL of its intent to terminate the states that Eastern is beginning its 1 Phillips Petroleum Company and Prima service. It is asserted that the purpose of negotiations with the producers and Exploration, Inc., et al., 69 FERC 61,050 (1994). the service was to facilitate the recovery 53604 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices of UNOCAL’s oil reserves, which are (Columbia Gulf), P.O. Box 683, Houston, Act, all as more fully set forth in the now fully depleted. It is further asserted Texas 77001, filed in Docket No. CP96– request that is on file with the that UNOCAL has signed ANR’s letter to 4–000 a request pursuant to Sections Commission and open to public indicate its agreement with ANR’s 157.205 and 157.211 of the inspection. request for abandonment. Commission’s Regulations under the Columbia Gulf requests authorization Comment date: October 27, 1995 in Natural Gas Act (18 CFR 157.205, to make certain modifications to its accordance with Standard Paragraph F 157.211) for authorization to modify an existing Speedwell receipt point and at the end of this notice. existing receipt point and establish an establish a delivery point for firm 5. Columbia Gulf Transmission additional delivery point to Delta transportation service. Columbia Gulf Company Natural Gas Company, Inc., (Delta) in states that it would provide the service Madison County, Kentucky, under pursuant to its Blanket Certificate issued [Docket No. CP96–4–000] Columbia Gulf’s blanket certificate in Docket No. CP83–496 under existing Take notice that on October 3, 1995, issued in Docket No. CP83–496 authorized rate schedules and within Columbia Gulf Transmission Company pursuant to Section 7 of the Natural Gas certificate entitlements, as follows:
Maximum Estimated daily quan- annual Customer Rate schedule tity quantity (Dth) (Dth)
Delta ...... Firm Transportation Service (FTS) ...... 4,000 1,460,000
Columbia Gulf states that the Comment date: November 20, 1995 in customers. WGN further states that it modifications to the existing Speedwell accordance with Standard Paragraph G has contacted MGE and MGE is point of receipt, which will be at the end of this notice. agreeable to its proposed modifications. established as a delivery point, has been WNG relates that a copy of this filing 6. Williams Natural Gas Company requested by Delta for additional firm was sent to the Missouri Public Service transportation service to be utilized for [Docket No. CP96–5–000] Commission. its system supply. Columbia Gulf adds Take notice that on October 3, 1995, Comment date: November 20, 1995 in that the additional transportation Williams Natural Gas Company (WNG), accordance with Standard Paragraph G service to be provided through the new One Williams Center, Tulsa, Oklahoma, at the end of this notice. point of delivery will be firm 74101, filed in Docket No. CP96–5–000, 7. Prima Exploration, Inc., et al., BTA transportation service under Columbia a request pursuant to Sections 157.205, Oil Producers and NGC Energy Gulf’s Rate Schedule FTS. 157.212(a) and 157.216(b) of the Resources, Limited Partnership Columbia Gulf states that Columbia Commission’s Regulations under the [Docket No. CP95–791–000] Gulf and Delta have executed an FTS– Natural Gas Act (18 CFR 157.205, 1 Service Agreement providing for an 157.212(a), and 157.216(b)) for Take notice that on September 29, 1995, Prima Exploration, Inc. (Prima 2), FTS Demand Service of 4,000 Dth/d. authorization to abandon by reclaim two 7800 East Union Avenue, Suite 605, Columbia Gulf adds that it will receive separate town border meter settings Denver, Colorado 80237, BTA Oil 4,000 Dth/d for the account of Delta at used in the delivery of gas to Missouri Producers (BTA) and NGC Energy Leach, Kentucky from Columbia Gas Gas Energy (MGE) and to replace them Resources, Limited Partnership (NGC) Transmission Corporation (Columbia with a single dual run meter setting 13430 Northwest Freeway, Suite 1200, Gas), and that Columbia Gulf will under WNG’s blanket authorization Houston, Texas 77040 (collectively, deliver by backhaul to Delta at the new issued in Docket No. CP82–479–000, BTA/NER) jointly filed in Docket No. point of delivery at Speedwell. pursuant to Section 7(c) of the Natural CP95–791–000 an application pursuant Columbia Gulf states that Columbia Gas Gas Act, all as more fully set forth in the to Section 7 (b) and (c) of the Natural has revised its GTS service agreement request which is on file with the Gas Act requesting permission and with Delta to provide 4,000 Dth/d at Commission and open to public approval for Prima to abandon a storage Leach. inspection. WNG proposes to replace the MGE service and related facilities in Summit Columbia Gulf states there will be no Cassville/Purdy and Monett single run County, Utah and for authorization for impact on Columbia Gulf’s existing meter settings with a dual run 6-inch BTA/NER to acquire the facilities and to design day and annual obligations to its orifice meter setting at the present continue to provide the storage service, customers due to the nature of the Cassville/Purdy site in Lawrence all as more fully set forth in the backhaul. Columbia Gulf states that County, Missouri. WNG asserts that the application which is on file with the Delta has agreed to reimburse Columbia projected volume of delivery through Commission and open to public Gulf 100% of the cost of the the replacement facilities is not inspection. modification, which is approximately expected to exceed the volume currently Prima states that it is engaged in $3,861, including gross-up for income delivered. WNG relates that the reclaim providing gas storage service from the tax purposes. Columbia Gulf adds that cost is estimated to be $1,000 with a Bridger Lake Field in Summit County, it will contribute approximately $45,000 salvage value of $0. WNG indicates that Utah for Mountain Fuel Supply for the cost of a filter separator to be the estimated cost of construction is Company (Mountain Fuel) pursuant to a installed. approximately $118,555. limited jurisdiction certificate issued in Columbia Gulf states that it will WGN states that this change is not comply with all of the environmental prohibited by an existing tariff and it 2 Prima is a joint venture of four independent exploration and production companies, Prima requirements of Sections 157.206(d) of has sufficient capacity to accomplish Exploration, Inc., the operator; Vegas Production the Commission’s Regulations prior to the deliveries specified without Company; Gunlikson Petroleum, Inc.; and Petroro the modification of any facilities. detriment or disadvantage to its other Corporation. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53605
Docket No. CP93–702–000.3 Prima the matter finds that a grant of the in its application that it is not relates that it wishes to transfer its certificate and/or permission and abandoning any facilities nor interests in these facilities to BTA/NER approval for the proposed abandonment abandoning service to any other FGT and requests permission and approval to are required by the public convenience customer. abandon the storage service it provides and necessity. If a motion for leave to FGT has included in this filing a letter for Mountain Fuel and the related intervene is timely filed, or if the dated September 13, 1995, in which facilities by transfer to BTA/NER. Commission on its own motion believes both FGT and SNG have agreed to waive BTA/NER request authorization to that a formal hearing is required, further the six-month notice of termination continue to provide the storage service notice of such hearing will be duly requirements set forth in Article VII of for Mountain Fuel and to acquire the given. the transportation agreement dated related facilities. BTA/NER, noting that Under the procedure herein provided August 2, 1979, as amended, in order the certificate granted to Prima was to for, unless otherwise advised, it will be that the referenced agreement can expire in two years, state that it has unnecessary for applicant to appear or terminate effective October 1, 1995. become apparent that additional time be represented at the hearing. Comment date: October 26, 1995, in will be required for the withdrawals and G. Any person or the Commission’s accordance with Standard Paragraph F redelivery of storage gas to Mountain staff may, within 45 days after issuance at the end of this notice. Fuel. BTA/NER ask that the requested of the instant notice by the Commission, certificate expire in five years. file pursuant to Rule 214 of the 2. National Fuel Gas Supply Prima indicates that the related Commission’s Procedural Rules (18 CFR Corporation facilities consist of a metering station, 385.214) a motion to intervene or notice [Docket No. CP95–787–000] dehydrator and heater, 425 feet of 4- of intervention and pursuant to Section Take notice that on September 28, inch lateral pipeline and a single natural 157.205 of the Regulations under the 1995, National Fuel Gas Supply gas injection well located in Summit Natural Gas Act (18 CFR 157.205) a Corporation (Applicant), 10 Lafayette County, Utah. Prima also states that no protest to the request. If no protest is Square, Buffalo, NY 14203, filed under gas has been injected into the facilities filed within the time allowed therefor, Section 7(c) of the Natural Gas Act a since April of 1984 and less than 0.5 Bcf the proposed activity shall be deemed to petition to amend its certificate by of working gas remains in storage. be authorized effective the day after the allowing a change in receipt/delivery Comment date: October 27, 1995 in time allowed for filing a protest. If a points and under Section 7(b) to accordance with Standard Paragraph F protest is filed and not withdrawn abandon individually certificated at the end of this notice. within 30 days after the time allowed transportation services, all as more fully Standard Paragraphs for filing a protest, the instant request described in the petition on file with the shall be treated as an application for F. Any person desiring to be heard or Commission and open to public authorization pursuant to Section 7 of inspection. to make any protest with reference to the Natural Gas Act. said application should on or before the Applicant requests an order Lois D. Cashell, comment date, file with the Federal authorizing a change in the receipt/ Energy Regulatory Commission, Secretary. delivery points under SS–1 storage Washington, D.C. 20426, a motion to [FR Doc. 95–25529 Filed 10–13–95; 8:45 am] service agreements with Elizabethtown intervene or a protest in accordance BILLING CODE 6717±01±P Gas Company and Transcontinental Gas with the requirements of the Pipeline Company, and SS–2 storage service agreements with Penn Fuel Gas, Commission’s Rules of Practice and [Docket No. CP95±782±000, et al.] Procedure (18 CFR 385.214 or 385.211) Inc. and Delmarva Power and Light and the Regulations under the Natural Florida Gas Transmission Company, et Company. Applicant also seeks the Gas Act (18 CFR 157.10). All protests al.; Natural Gas Certificate Filings abandonment of transportation Rate filed with the Commission will be Schedules X–29, X–31, X–32 and X–42. considered by it in determining the October 5, 1995. These service agreements will not be appropriate action to be taken but will Take notice that the following filings needed by the customers if the proposed not serve to make the protestants parties have been made with the Commission: change in receipt/delivery points is approved. Applicant states that this to the proceeding. Any person wishing 1. Florida Gas Transmission Company to become a party to a proceeding or to petition is part of a settlement participate as a party in any hearing [Docket No. CP95–782–000] agreement filed in Docket No. RP95–31– therein must file a motion to intervene Take notice that on September 27, 000, et al. in accordance with the Commission’s 1995, Florida Gas Transmission Comment date: October 26, 1995, in Rules. Company (FGT), 1400 Smith Street, accordance with the first paragraph of Take further notice that, pursuant to Houston, Texas 77002, filed in Docket Standard Paragraph F at the end of this the authority contained in and subject to No. CP95–782–000, an application notice. the jurisdiction conferred upon the pursuant to Section 7(b) of the Natural 3. Williams Natural Gas Company Federal Energy Regulatory Commission Gas Act and Part 157 of the by Sections 7 and 15 of the Natural Gas Commission’s Regulations for an order [Docket No. CP95–790–000] Act and the Commission’s Rules of permitting and approving the Take notice that on September 29, Practice and Procedure, a hearing will abandonment of the interruptible 1995, Williams Natural Gas Company be held without further notice before the transportation service performed under (WNG), P.O. Box 3288, Tulsa, Oklahoma Commission or its designee on this FGT’s Rate Schedule X–11, all as more 74101, filed in Docket No. CP95–790– application if no motion to intervene is fully set forth in the application. 000 a request pursuant to Sections filed within the time required herein, if FGT relates that Rate Schedule X–11 157.205 and 157.212 of the the Commission on its own review of is a transportation service between Commission’s Regulations under the Southern Natural Gas Company (SNG) Natural Gas Act (18 CFR 157.205, 3 Phillips Petroleum Company and Prima and FGT which was authorized in 157.212) for authorization to install new Exploration, Inc., et al., 69 FERC 61,050 (1994). Docket No. CP79–472–000. FGT states custody transfer measuring and 53606 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices appurtenant facilities for Western that when utilized for low ratio, single pursuant to Section 7 of the Natural Gas Resources, Inc. (WRI) in Johnson stage compression, the engines are Act, all as more fully set forth in the County, Kansas, under WNG’s blanket inefficient and cannot be fully loaded. request that is on file with the certificate issued in Docket No. CP82– MRT asserts that the new unit will be Commission and open to public 479–000 pursuant to Section 7 of the used to compress gas at low ratios for inspection. Natural Gas Act, all as more fully set pipeline compression or for mid to late- Trunkline proposes to abandon an forth in the request that is on file with season storage withdrawal and will inactive receipt interconnect and the Commission and open to public perform these tasks far more efficiently appurtenant facilities and to modify the inspection. than MRT’s existing larger units. MRT existing facility to create a point of WNG proposes to install new custody maintains that the new unit will delivery. The approximate cost of the transfer measuring and appurtenant produce fuel savings and reduce station proposed construction is $700,000 and facilities. WNG states that new facilities operation and maintenance expenses. will be paid for with existing funds and will more accurately measure volumes MRT claims that an additional benefit internal financing. The facilities will presently flowing to the WRI facilities. of the propose engine is that it will have allow Trunkline to deliver up to 150 The total annual volume to be delivered greater flexibility in operating the MMSCF of natural gas per day to the through the new facilities is estimated Unionville Station. MRT notes that it Mobil LaGloria gas processing plant. to be approximately 1.09 Bcf with a will have the option to simultaneously Comment date: November 20, 1995, in peak day volume of 21.3 MMcf. WNG overhaul or make long-term repairs to accordance with Standard Paragraph G states that the total volume to be two of the existing engines while at the end of this notice. delivered will not exceed the total operating the new unit. Currently, MRT Standard Paragraphs volume authorized prior to this request can only take one unit out of service and that the estimated cost of during the storage withdrawal season. In F. Any person desiring to be heard or construction is $217,453, which will be addition, the new engine can be used to to make any protest with reference to paid with available funds. compress West Line gas to Perryville or said application should on or before the Comment date: November 20, 1995, in into the Fountain Hill Line when all comment date, file with the Federal accordance with Standard Paragraph G three of the existing engines are being Energy Regulatory Commission, at the end of this notice. utilized for storage operations. Finally, Washington, D.C. 20426, a motion to MRT points out that the new engine can intervene or a protest in accordance 4. Mississippi River Transmission with the requirements of the Corporation be used to facilitate the compression of gas being injected into storage by one of Commission’s Rules of Practice and [Docket No. CP96–1–000] the existing compressors in a multi- Procedure (18 CFR 385.214 or 385.211) Take notice that on October 2, 1995, stage compression. and the Regulations under the Natural Mississippi River Transmission MRT states that the proposed Gas Act (18 CFR 157.10). All protests Corporation (MRT), 9900 Clayton Road, compressor engine will not increase the filed with the Commission will be St. Louis, Missouri 63124, filed in capacity of any of MRT’s facilities. MRT considered by it in determining the Docket No. CP96–1–000 an application, explains that the capacity of the West appropriate action to be taken but will pursuant to Section 7(c) of the Natural Line and the Fountain Hill Line are not serve to make the protestants parties Gas Act, for a certificate of public constrained by bottlenecks upstream or to the proceeding. Any person wishing convenience and necessity for downstream of the Unionville Station. to become a party to a proceeding or to authorization to construct, install, and The capacity and maximum daily participate as a party in any hearing operate a new 2,250 Horsepower (HP) deliverability of the East and West therein must file a motion to intervene compressor engine at its Unionville Unionville Storage Fields are in accordance with the Commission’s Compressor Station in Lincoln Parish, constrained by the size of the storage Rules. Louisiana, all as more fully set forth in reservoirs and their prevailing Take further notice that, pursuant to the application which is on file with the pressures. the authority contained in and subject to Commission and open to public MRT estimates that the project will the jurisdiction conferred upon the inspection. cost $4,100,000, which will be financed Federal Energy Regulatory Commission MRT states that its Unionville with internally generated funds. by Sections 7 and 15 of the Natural Gas Compressor Station currently contains Comment date: October 26, 1995, in Act and the Commission’s Rules of three compressor engines—two 6,500 accordance with Standard Paragraph F Practice and Procedure, a hearing will HP units and one 8,000 HP unit. MRT at the end of this notice. be held without further notice before the indicates that it uses these engines 5. Trunkline Gas Company Commission or its designee on this primarily to compress gas which is application if no motion to intervene is injected into and withdrawn from the [Docket No. CP96–2–000] filed within the time required herein, if East and West Unionville Storage Take notice that on October 2, 1995, the Commission on its own review of Fields, although the units are also used Trunkline Gas Company (Trunkline), the matter finds that a grant of the occasionally to compress gas flowing P.O. Box 1642, Houston, Texas 77251– certificate and/or permission and from west to east along MRT’s West 1642, filed in Docket No. CP96–2–000 a approval for the proposed abandonment Line and gas flowing from the West Line request pursuant to Sections 157.205, are required by the public convenience into the Fountain Hill Line. 157.211, and 157.216 of the and necessity. If a motion for leave to MRT proposes to add a 2,250 HP Commission’s Regulations under the intervene is timely filed, or if the compressor engine with compressor Natural Gas Act (18 CFR 157.205, Commission on its own motion believes cylinders designed for low ratio 157.211, 157.216) for authorization to that a formal hearing is required, further compression in order to operate the abandon an existing receipt notice of such hearing will be duly Unionville Station more efficiently and interconnect located in Jim Wells given. economically. MRT notes that the County, Texas, and modify the existing Under the procedure herein provided existing compressor units have facilities to establish a point of delivery for, unless otherwise advised, it will be cylinders designed for high ratio, 2-stage under Trunkline’s blanket certificate unnecessary for applicant to appear or compression to storage. It is explained issued in Docket No. CP83–84–000 be represented at the hearing. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53607
G. Any person or the Commission’s Rate Schedule IT of its FERC Gas Tariff, for Filing Proposed Transmission staff may, within 45 days after issuance Second Revised Volume No. 1. The Tariffs, Accepting for Filing Market- of the instant notice by the Commission, maximum capacity of the CNG ‘‘A’’ Based Rate Schedule, and Granting file pursuant to Rule 214 of the Station would be 6,000 Mcf per day. Requests for Waivers and Commission’s Procedural Rules (18 CFR ANR states that the volumes to be Authorizations (Order), in the above- 385.214) a motion to intervene or notice delivered will be within the certificated docketed proceedings. of intervention and pursuant to Section entitlements of the customer. The Commission’s September 28, 157.205 of the Regulations under the Any person or the Commission’s staff Natural Gas Act (18 CFR 157.205) a may, within 45 days after issuance of 1995 Order granting the request for protest to the request. If no protest is the instant notice by the Commission, blanket approval under Part 34, subject filed within the time allowed therefor, file pursuant to Rule 214 of the to the conditions found in Ordering the proposed activity shall be deemed to Commission’s Procedural Rules (18 CFR Paragraphs (I), (J), and (L): be authorized effective the day after the 385.214) a motion to intervene or notice (I) Within 30 days of the date of this time allowed for filing a protest. If a of intervention and pursuant to Section order, any person desiring to be heard protest is filed and not withdrawn 157.205 of the Regulations under the or to protest the Commission’s blanket within 30 days after the time allowed Natural Gas Act (18 CFR 157.205) a approval of issuances of securities or for filing a protest, the instant request protest to the request. If no protest is assumptions of liabilities by Industrial shall be treated as an application for filed within the time allowed therefor, Energy should file a motion to intervene the proposed activity shall be deemed to authorization pursuant to Section 7 of or protest with the Federal Energy be authorized effective the day after the the Natural Gas Act. Regulatory Commission, 825 North Lois D. Cashell, time allowed for filing a protest. If a protest is filed and not withdrawn Capitol Street NE., Washington, DC Secretary. within 30 days after the time allowed 20426, in accordance with Rules 211 [FR Doc. 95–25543 Filed 10–13–95; 8:45 am] for filing a protest, the instant request and 214 of the Commission’s Rules of BILLING CODE 6717±01±P shall be treated as an application for Practice and Procedure, 18 CFR 385.211 authorization pursuant to Section 7 of and 385.214. [Docket No. CP96±6±000] the Natural Gas Act. (J) Absent a request to be heard within Lois D. Cashell, the period set forth in Ordering ANR Pipeline Company; Notice of Secretary. Paragraph (I) above, Industrial Energy is Request Under Blanket Authorization [FR Doc. 95–25533 Filed 10–13–95; 8:45 am] hereby authorized, pursuant to section October 10, 1995. BILLING CODE 6717±01±M 204 of the Federal Power Act, to issue Take notice that on October 4, 1995, securities and assume obligations and ANR Pipeline Company (ANR), 500 liabilities as guarantor, executor, Federal Energy Regulatory Renaissance Center, Detroit, Michigan security, or otherwise in respect to any Commission 48243, filed in Docket No. CP96–6–000 security of another person; provided a request pursuant to Sections 157.205 [Docket No. ER95±1444±000; Docket No. that such issue or assumption is for and 157.211 of the Commission’s ER95±1465±000] some lawful object within the corporate Regulations under the Natural Gas Act purposes of Industrial Energy, (18 CFR 157.205, 157.211) for IES Utilities, Inc., Industrial Energy compatible with the public interest, and authorization to modify and operate an Applications, Inc.; Notice of Issuance reasonably necessary or appropriate for of Order existing interconnection between ANR such purposes. and Continental Natural Gas, Inc. (CNG) October 10, 1995. (L) The Commission reserves the right in Beaver County, Oklahoma for On August 1, 1995, Industrial Energy to modify this order to require a further delivery of natural gas to CNG under Applications, Inc. (Industrial Energy), a showing that neither public nor private ANR’s blanket certificate issued in power marketing affiliate of IES interests will be adversely affected by Docket No. CP82–480–000 pursuant to 1 Utilities, Inc. filed an application in continued Commission approval of Section 7 of the Natural Gas Act, all as Docket No. ER95–1465–000, requesting Industrial Energy’s issuances of more fully set forth in the request that Commission approval to sell electricity is on file with the Commission and open securities or assumptions of liabilities. at market-based rates, and requesting *** to public inspection. various waivers and authorizations. ANR proposes to modify an existing Under Industrial Energy’s proposed rate Notice is hereby given that the interconnection (CNG ‘‘A’’ Station) in schedule for its marketing activities, it deadline for filing motions to intervene Beaver County, Oklahoma and to would sell both capacity and energy to or protests, as set forth above, is October operate this interconnection under prospective purchasers at such market- 30, 1995. Section 7(c) of the Natural Gas Act. based rates as may be agreed upon by Copies of the full text of the Order are Currently, ANR receives gas at the CNG the parties. available from the Commission’s Public ‘‘A’’ Station. ANR’s proposed In particular, Industrial Energy Reference Branch, Room 3308, 941 modification would change the requested that the Commission grant direction of the gas flow and allow ANR North Capitol Street NE., Washington, blanket approval under 18 CFR Part 34 DC 20426. to deliver natural gas at this station. The of all future issuances of securities and proposed modification to CNG ‘‘A’’ assumptions of liabilities by Industrial Lois D. Cashell, station would consist of a new valve, an Energy. On September 28, 1995, the Secretary. electronic measurement system, a gas Commission issued an Order Denying [FR Doc. 95–25544 Filed 10–13–95; 8:45 am] sampler and appurtenant facilities. ANR Motions to Reject and for Investigation BILLING CODE 6717±01±M states that the cost of the proposed and Technical Conference, Accepting facilities is approximately $25,000. ANR would provide CNG with 1 Industrial Energy is a wholly-owned subsidiary deliveries at the CNG ‘‘A’’ Station under of IES Industries, Inc. 53608 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
[Docket No. CP96±3±000] aboveground facilities and restore the Any person desiring to be heard or to site consistent with the surrounding make any protest with reference to said K N Interstate Gas Transmission land use. application should on or before October Company; Notice of Request Under Any person or the Commission’s staff 31, 1995, file with the Federal Energy Blanket Authorization may, within 45 days after issuance of Regulatory Commission, Washington, October 10, 1995. the instant notice by the Commission, DC 20426, a motion to intervene or a Take notice that on October 3, 1995, file pursuant to Rule 214 of the protest in accordance with the K N Interstate Gas Transmission (K N Commission’s Procedural Rules (18 CFR requirements of the Commission’s Rules Interstate), P.O. Box 281304, Lakewood, 385.214) a motion to intervene or notice of Practice and Procedure (18 CFR Colorado 80228, filed in Docket No. of intervention and pursuant to Section 385.214 or 385.211) and the Regulations CP96–3–000 a request pursuant to 157.205 of the Regulations under the under the Natural Gas Act (18 CFR Section 7 of the Natural Gas Act, as Natural Gas Act (18 CFR 157.205) a 157.10). All protests filed with the amended, and Sections 157.205, protest to the request. If no protest is Commission will be considered by it in 157.212, 157.216(b) for authorization to filed within the time allowed therefor, determining the appropriate action to be relocate three existing town border the proposed activity shall be deemed to taken but will not serve to make the stations, located in the State of Kansas, be authorized effective the day after the protestants parties to the proceeding. which are currently used to deliver gas time allowed for filing a protest. If a Any person wishing to become a party to town distribution systems operated protest is filed and not withdrawn to a proceeding or to participate as a by K N Energy, Inc. Specifically, K N within 30 days after the time allowed party in any hearing therein must file a Interstate proposes to install and operate for filing a protest, the instant request motion to intervene in accordance with new delivery facilities for the town of shall be treated as an application for the Commission’s Rules. Albert, Healy and Leoti, Kansas. K N authorization pursuant to Section 7 of Take further notice that, pursuant to Interstate states that relocation of the the Natural Gas Act. the authority contained in and subject to town border stations is in the public Lois D. Cashell, the jurisdiction conferred upon the interest due to safety concerns resulting Secretary. Federal Energy Regulatory Commission from encroachment and the locations of [FR Doc. 95–25532 Filed 10–13–95; 8:45 am] by Sections 7 and 15 of the Natural Gas Act and the Commission’s Rules of roadways. K N Interstate further states BILLING CODE 6717±01±M that no customer would experience any Practice and Procedure, a hearing will change in service as a result of the be held without further notice before the Commission or its designee on this proposal herein. This request is made in [Docket No. CP95±785±000] accordance with the authority granted to application if no motion to intervene is filed within the time required herein, if K N Interstate in its blanket certificate NorAm Gas Transmission Company; the Commission on its own review of issued in Docket No. CP83–140–000 Notice of Application pursuant to 18 CFR. Part 157, Subpart the matter finds that permission and F of the Natural Gas Act, all as more October 10, 1995. approval for the proposed abandonment fully set forth in the request which is on Take notice that on September 28, are required by the public convenience file with the Commission and open for 1995, NorAm Gas Transmission and necessity. If a motion for leave to public inspection. Company (NGT), 1600 Smith Street, intervene is timely filed, or if the K N Interstate states that it proposes Houston, Texas 77002, filed in Docket Commission on its own motion believes to install the: (1) Albert town border No. CP95–785–000 an application that a formal hearing is required, further station facilities in Rush County, pursuant to Section 7(b) of the Natural notice of such hearing will be duly Kansas; (2) Healy town border station Gas Act for permission and approval to given. facilities in Lane County, Kansas; and abandon by sale and transfer to Under the procedure herein provided (3) Leoti town border station facilities in Mississippi River Transmission for, unless otherwise advised, it will be Wichita County, Kansas. It is stated that Corporation (MRT) Line JT–5 with unnecessary for NGT to appear or be each of the proposed facilities would appurtenances in White County, represented at the hearing. consist of a meter, regulator, and Arkansas, all as more fully set forth in Lois D. Cashell, overpressure protection and the application on file with the Secretary. appurtenant facilities. Commission and open to public [FR Doc. 95–25531 Filed 10–13–95; 8:45 am] K N Interstate states that the estimated inspection. BILLING CODE 6717±01±M cost of these facilities would be: Albert, NGT proposes to sell and transfer to $47,500; Healy, $50,000; and Leoti, MRT, at net book value of $6.3 million Line JT–5 and its appurtenances, which [Docket No. CP95±650±000; Docket No. $60,000. It is further stated that the CP95±658±000] estimated cost of retiring the existing consist of 53,306 feet of 24-inch pipe, facilities would be: Albert, $4,000; one 2470 Solar Flow Computer, one Questar Pipeline Company; Questar Healy, $6,000; and Leoti, $9,000. Teledine 1085 RTU and appurtenant Gas Management Company; Notice of K N Interstate further states that the valving and equipment which was Technical Conference average daily capacity and the constructed as an interconnection maximum daily design capacity for each between Ozark Gas Transmission October 10, 1995. town border would be: Albert, 34 Mcf Company and MRT. NGT provided open Take notice that on October 31, 1995, and 200 Mcf, respectively; Healy 65 Mcf access transportation service through at 10 a.m., the Commission Staff will and 275 Mcf, respectively; and Leoti, this line and upon abandonment of convene a technical conference to 410 Mcf and 1,560 Mcf, respectively. these facilities, and as stated by NGT, all discuss the issues raised in the above- K N Interstate states that once the new transportation service conducted captioned dockets. The proceedings town border stations have been placed through this line will be abandoned by involve Questar Pipeline Company’s into service it would abandon in place NGT; however, such transportation will proposed spin-down of all jurisdictional the existing town border stations. K N continue to be available under MRT’s and non-jurisdictional gathering Interstate further proposes to remove all tariff. facilities to Questar Gas Management Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53609
Company, a wholly owned, non- ER’s Financial Assistance Guide is certain signalling information to jurisdictional affiliate of Questar possible via the Internet using the interested parties so that those parties Pipeline Company. following E-mail address: http:// can provide tandem switching services. The conference will be held at the www.er.doe.gov/ Tandem switching providers are offices of the Federal Energy Regulatory SUPPLEMENTARY INFORMATION: As required to provide certain billing Commission, 810 First Street, NE., mentioned above, the solicitation for the information to those Tier 1 local Washington, DC 20426. All interested Office of Energy Research Financial exchange carriers. parties are invited to attend. Attendance Assistance Program was published in Federal Communications Commission. at the conference will not confer party the Federal Register. This solicitation William F. Caton, status. specifies the policies and procedures For further information, contact Amos Acting Secretary. which govern the application, [FR Doc. 95–25550 Filed 10–13–95; 8:45 am] Qualls (202) 208–0606, Office of evaluation, and selection processes for Pipeline Regulation, Room 7312–B; or grants and cooperative agreements. It is BILLING CODE 6712±01±F Joel Arneson (202) 208–2169, Office of anticipated that approximately $460 General Counsel, Room 4300–B, 825 million will be available for award in North Capitol Street NE., Washington, FY 1996. The DOE is under no FEDERAL EMERGENCY DC 20426. obligation to pay for any costs MANAGEMENT AGENCY Lois D. Cashell, associated with the preparation or [FEMA±1070±DR] Secretary. submission of an application. DOE [FR Doc. 95–25530 Filed 10–13–95; 8:45 am] reserves the right to fund, in whole or Alabama; Major Disaster and Related BILLING CODE 6717±01±M in part, any, all, or none of the Determinations applications submitted in response to this notice. AGENCY: Federal Emergency Office of Energy Research Management Agency (FEMA). Issued in Washington, DC, on October 2, ACTION: Notice. Continuation of Solicitation for 1995. Financial Assistance Program Notice D.D. Mayhew, SUMMARY: This is a notice of the 96±01 Associate Director, Office of Resource Presidential declaration of a major Management, Office of Energy Research. disaster for the State of Alabama AGENCY: Department of Energy (DOE). [FR Doc. 95–25594 Filed 10–13–95; 8:45 am] (FEMA–1070–DR), dated October 4, ACTION: Annual notice of continuation BILLING CODE 6450±01±P 1995, and related determinations. of availability of grants and cooperative agreements. EFFECTIVE DATE: October 4, 1995. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Office of Energy Research FEDERAL COMMUNICATIONS Pauline C. Campbell, Response and (ER) of the Department of Energy hereby COMMISSION Recovery Directorate, Federal announces its continuing interest in Public Information Collection Emergency Management Agency, receiving applications for cooperative Washington, DC 20472, (202) 646–3606. agreements and grants supporting work Approved by Office of Management and Budget SUPPLEMENTARY INFORMATION: Notice is in the following programs: Basic Energy hereby given that, in a letter dated Sciences, Biological and Environmental October 10, 1995. October 4, 1995, the President declared Research, Fusion Energy, Applied The Federal Communications a major disaster under the authority of Mathematical Sciences, Multi-Program Commission (FCC) has received Office the Robert T. Stafford Disaster Relief Energy Laboratory—Facilities Support, of Management and Budget (OMB) and Emergency Assistance Act (42 Science Education Programs, High approval for the following public U.S.C. 5121 et seq.), as follows: Energy and Nuclear Physics, and Energy information collection pursuant to the Research Analysis activities. On I have determined that the damage in Paperwork Reduction Act of 1980, Pub. certain areas of the State of Alabama September 3, 1992, DOE published in L. 96–511. An agency may not conduct the Federal Register (57 FR 40582) a resulting from Hurricane Opal on October 4, or sponsor and a person is not required 1995, and continuing is of sufficient severity solicitation for this program which to respond to a collection of information and magnitude to warrant a major disaster contained information about submission unless it displays a currently valid declaration under the Robert T. Stafford of applications, eligibility, limitations, control number. For further information Disaster Relief and Emergency Assistance Act evaluation and selection processes and contact Shoko B. Hair, Federal (‘‘the Stafford Act’’). I, therefore, declare that other policies and procedures which are Communications Commission, (202) such a disaster exists in the State of Alabama. You are authorized to coordinate all specified in 10 CFR part 605. 418–1379. DATES: Applications may be submitted disaster relief efforts which have the purpose Federal Communications Commission of alleviating the hardship and suffering at any time in response to this notice of caused by the disaster on the local availability, but, in all cases, must be OMB Control No.: 3060–0613. population, and to provide appropriate received by DOE on or before October Expiration Date: 09/30/98. assistance for required emergency measures, 31, 1996. Title: Expanded Interconnection with authorized under Title IV of the Stafford Act, ADDRESSES: Applicants may obtain Local Telephone Company Facilities, to save lives, protect property and public forms and additional information from CC Docket No. 91–141, Transport Phase health and safety, and lessen or avert the Director, Grants and Contracts Division, II (Third R&O). threat of a catastrophe in the designated Office of Energy Research, ER–64, U.S. Estimated Annual Burden: 832 total areas. Specifically, you are authorized to identify, mobilize, and provide at your Department of Energy, 19901 annual hours; average 13 hours per discretion, equipment and resources Germantown Road, Germantown, MD respondent; 64 respondents. necessary to alleviate the impacts of the 20874–1290, (301) 903–5212. Description: Tier 1 local exchange disaster. I have further authorized direct Completed applications must be sent to carriers (except NECA members) are Federal assistance for the first 72 hours at this same address. Electronic access to required to make tariff filings to provide 100 percent Federal funding, if deemed 53610 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices necessary. You may extend this assistance for EFFECTIVE DATE: October 10, 1995. ACTION: Notice. an additional period of time, if warranted. FOR FURTHER INFORMATION CONTACT: In order to provide Federal assistance, you SUMMARY: This notice amends the notice Pauline C. Campbell, Response and are hereby authorized to allocate from funds of a major disaster for the State of Recovery Directorate, Federal available for these purposes, such amounts as Alabama, (FEMA–1070–DR), dated Emergency Management Agency, you find necessary for Federal assistance and October 4, 1995, and related Washington, DC 20472, (202) 646–3606. administrative expenses. determinations. Individual Assistance, Public Assistance or SUPPLEMENTARY INFORMATION: The notice EFFECTIVE DATE: October 8, 1995. Hazard Mitigation may be added at a later of a major disaster for the State of date, if warranted. Consistent with the Alabama dated October 4, 1995, is FOR FURTHER INFORMATION CONTACT: requirement that Federal assistance be hereby amended to include the Pauline C. Campbell, Response and supplemental, any Federal funds provided Recovery Directorate, Federal under the Stafford Act except as noted in the following areas among those areas determined to have been adversely Emergency Management Agency, paragraph above will be limited to 75 percent Washington, DC 20472, (202) 646–3606. of the total eligible costs. affected by the catastrophe declared a major disaster by the President in his SUPPLEMENTARY INFORMATION: The notice The time period prescribed for the declaration of October 4, 1995: of a major disaster for the State of implementation of section 310(a), Alabama dated October 4, 1995, is Priority to Certain Applications for The counties of Baldwin, Barbour, Bullock, hereby amended to include the Crenshaw, Elmore, Lee, Macon, Mobile, Public Facility and Public Housing following areas among those areas Assistance, 42 U.S.C. 5153, shall be for Montgomery, Russell and Tallapoosa for Individual Assistance, Public Assistance and determined to have been adversely a period not to exceed six months after Hazard Mitigation Assistance. affected by the catastrophe declared a the date of this declaration. (Catalog of Federal Domestic Assistance No. major disaster by the President in his Notice is hereby given that pursuant 83.516, Disaster Assistance) declaration of October 4, 1995: to the authority vested in the Director of Richard W. Krimm, Covington, Conecuh, Geneva, Henry, and the Federal Emergency Management Houston Counties for Individual Assistance, Agency under Executive Order 12148, I Associate Director, Response and Recovery Directorate. Public Assistance, and Hazard Mitigation hereby appoint Glenn Woodard of the Assistance. Federal Emergency Management Agency [FR Doc. 95–25578 Filed 10–13–95; 8:45 am] BILLING CODE 6718±02±P (Catalog of Federal Domestic Assistance No. to act as the Federal Coordinating 83.516, Disaster Assistance) Officer for this declared disaster. Richard W. Krimm, I do hereby determine the State of [FEMA±1070±DR] Associate Director, Response and Recovery Alabama to have been affected adversely Directorate. Alabama; Amendment to Notice of a by this declared major disaster: [FR Doc. 95–25580 Filed 10–13–95; 8:45 am] The State of Alabama for assistance as Major Disaster Declaration follows: BILLING CODE 6718±02±P AGENCY: Federal Emergency FEMA is authorized to provide appropriate Management Agency (FEMA). assistance for required emergency measures, [FEMA±1069±DR] ACTION: authorized under Title IV of the Stafford Act, Notice. to save lives, protect property and public Florida; Major Disaster and Related SUMMARY: This notice amends the notice health and safety, and lessen or avert the Determinations threat of a catastrophe in the designated of a major disaster for the State of areas. Specifically, FEMA is authorized to Alabama (FEMA–1070–DR), dated AGENCY: Federal Emergency identify, mobilize, and provide at its October 4, 1995, and related Management Agency (FEMA). discretion, equipment and resources determinations. ACTION: Notice. necessary to alleviate the impacts of the EFFECTIVE DATE: October 10, 1995. disaster. Direct Federal assistance is SUMMARY: This is a notice of the FOR FURTHER INFORMATION CONTACT: authorized for the first 72 hours at 100 Presidential declaration of a major percent Federal funding, if deemed Pauline C. Campbell, Response and disaster for the State of Florida (FEMA– necessary. Recovery Directorate, Federal 1069–DR), dated October 4, 1995, and (Catalog of Federal Domestic Assistance No. Emergency Management Agency, related determinations. Washington, DC 20472, (202) 646–3606. 83.516, Disaster Assistance) EFFECTIVE DATE: October 4, 1995. SUPPLEMENTARY INFORMATION: Notice is James L. Witt, FOR FURTHER INFORMATION CONTACT: hereby given that the incident period for Director. Pauline C. Campbell, Response and this disaster is closed effective October [FR Doc. 95–25577 Filed 10–13–95; 8:45 am] Recovery Directorate, Federal 8, 1995. BILLING CODE 6718±02±P Emergency Management Agency, (Catalog of Federal Domestic Assistance No. Washington, DC 20472, (202) 646–3606. 83.516, Disaster Assistance) [FEMA±1070±DR] SUPPLEMENTARY INFORMATION: Notice is Richard W. Krimm, hereby given that, in a letter dated Alabama; Amendment to Notice of a Associate Director, Response and Recovery October 4, 1995, the President declared Directorate. Major Disaster Declaration a major disaster under the authority of [FR Doc. 95–25579 Filed 10–13–95; 8:45 am] the Robert T. Stafford Disaster Relief AGENCY: Federal Emergency BILLING CODE 6718±02±P and Emergency Assistance Act (42 Management Agency (FEMA). U.S.C. 5121 et seq.), as follows: ACTION: Notice. [FEMA±1070±DR] I have determined that the damage in certain areas of the State of Florida resulting SUMMARY: This notice amends the notice Alabama; Amendment to Notice of a from Hurricane Opal on October 4, 1995, and of a major disaster for the State of Major Disaster Declaration continuing is of sufficient severity and Alabama, (FEMA–1070–DR), dated magnitude to warrant a major disaster October 4, 1995, and related AGENCY: Federal Emergency declaration under the Robert T. Stafford determinations. Management Agency (FEMA). Disaster Relief and Emergency Assistance Act Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53611
(‘‘the Stafford Act’’). I, therefore, declare that (Catalog of Federal Domestic Assistance No. SUPPLEMENTARY INFORMATION: Notice is such a disaster exists in the State of Florida. 83.516, Disaster Assistance) hereby given that, in a letter dated You are authorized to coordinate all James L. Witt, September 29, 1995, the President disaster relief efforts which have the purpose Director. amended the cost-sharing arrangements of alleviating the hardship and suffering [FR Doc. 95–25574 Filed 10–13–95; 8:45 am] concerning Federal funds provided caused by the disaster on the local BILLING CODE 6718±02±P under the authority of the Robert T. population, and to provide appropriate Stafford Disaster Relief and Emergency assistance for required emergency measures, Assistance Act (42 U.S.C. 51521 et seq.), authorized under Title IV of the Stafford Act, [FEMA±1069±DR] in a letter to James L. Witt, Director of to save lives, protect property and public the Federal Emergency Management health and safety, and lessen or avert the Florida; Amendment to Notice of a threat of a catastrophe in the designated Major Disaster Declaration Agency, as follows: areas. Specifically, you are authorized to I have determined that the damage in the identify, mobilize, and provide at your AGENCY: Federal Emergency U.S. Virgin Islands, resulting from Hurricane discretion, equipment and resources Management Agency (FEMA). Marilyn on September 15–17, 1995, is of necessary to alleviate the impacts of the ACTION: Notice. sufficient severity and magnitude that special disaster. I have further authorized direct cost-sharing conditions are warranted under Federal assistance for the first 72 hours at SUMMARY: This notice amends the notice the Robert T. Stafford Disaster Relief and 100 percent Federal funding, if deemed of a major disaster for the State of Emergency Assistance Act (‘‘the Stafford Act’’). necessary. You may extend this assistance for Florida (FEMA–1069–DR), dated Therefore, I amend my declaration of an additional period of time, if warranted. October 4, 1995, and related September 16 to authorize Federal funds for In order to provide Federal assistance, you determinations. the Individual and Family Grant and Hazard are hereby authorized to allocate from funds EFFECTIVE DATE: October 8, 1995. Mitigation programs at 90 percent of total available for these purposes, such amounts as eligible costs. I further authorize Public FOR FURTHER INFORMATION CONTACT: you find necessary for Federal assistance and Assistance program funding at 90 percent of administrative expenses. Pauline C. Campbell, Response and total eligible costs except for direct Federal Individual Assistance, Public Assistance or Recovery Directorate, Federal assistance for emergency work which was Hazard Mitigation may be added at a later Emergency Management Agency, authorized prior to September 30, 1995. date, if warranted. Consistent with the Washington, DC 20472, (202) 646–3606. Please notify the Governor of the U.S. requirement that Federal assistance be SUPPLEMENTARY INFORMATION: The notice Virgin Islands and the Federal Coordinating supplemental, any Federal funds provided of a major disaster for the State of Officer of this amendment to my major under the Stafford Act except as noted in the Florida dated October 4, 1995, is hereby disaster declaration. paragraph above will be limited to 75 percent amended to include the following areas (Catalog of Federal Domestic Assistance No. of the total eligible costs. among those areas determined to have 83.516, Disaster Assistance) been adversely affected by the James L. Witt, The time period prescribed for the Director. implementation of section 310(a), catastrophe declared a major disaster by [FR Doc. 95–25575 Filed 10–13–95; 8:45 am] Priority to Certain Applications for the President in his declaration of Public Facility and Public Housing October 4, 1995: BILLING CODE 6718±02±P Assistance, 42 U.S.C. 5153, shall be for Gulf, Holmes, and Washington for a period not to exceed six months after Individual Assistance, Public Assistance, and the date of this declaration. Hazard Mitigation Assistance. FEDERAL HOUSING FINANCE BOARD (Catalog of Federal Domestic Assistance No. [No. 95±N±8] Notice is hereby given that pursuant 83.516, Disaster Assistance) to the authority vested in the Director of Richard W. Krimm, the Federal Emergency Management Notice of Federal Home Loan Bank Agency under Executive Order 12148, I Associate Director, Response and Recovery Members Selected for Community Directorate. hereby appoint Bruce Baughman of the Support Review [FR Doc. 95–25576 Filed 10–13–95; 8:45 am] Federal Emergency Management Agency AGENCY: Federal Housing Finance to act as the Federal Coordinating BILLING CODE 6718±02±P Board. Officer for this declared disaster. ACTION: Notice. I do hereby determine the following [FEMA±1067±DR] areas of the State of Florida to have been SUMMARY: The Financial Institutions affected adversely by this declared U.S. Virgin Islands; Amendment to Reform, Recovery, and Enforcement Act major disaster: Notice of a Major Disaster Declaration of 1989 added a new Section 10(g) to the Federal Home Loan Bank Act of 1932 The counties of Escambia, Santa Rosa, AGENCY: Federal Emergency requiring that members of the Federal Okaloosa, Walton, Bay, Gulf, Calhoun, Management Agency (FEMA). Home Loan Bank (FHLBank) System Wakulla, Washington, Holmes, Jackson, ACTION: Notice. meet standards for community Gadsden, Liberty, Leon and Franklin for investment or service in order to assistance as follows: FEMA is authorized to SUMMARY: This notice amends the notice maintain continued access to long-term provide appropriate assistance for required of a major disaster for the U.S. Virgin FHLBank System advances. In emergency measures, authorized under Title Islands, (FEMA–1067–DR), dated IV of the Stafford Act, to save lives, protect compliance with this statutory change, September 16, 1995, and related the Federal Housing Finance Board property and public health and safety, and determinations. lesson or avert the threat of a catastrophe in (Housing Finance Board) promulgated EFFECTIVE DATE: September 29, 1995. the designated areas. Specifically, FEMA is Community Support regulations (12 authorized to identify, mobilize, and provide FOR FURTHER INFORMATION CONTACT: CFR part 936). Under the review process at its discretion, equipment and resources Pauline C. Campbell, Response and established in the regulations, the necessary to alleviate the impacts of the Recovery Directorate, Federal Housing Finance Board will select a disaster. Direct Federal assistance for the first Emergency Management Agency, certain number of members for review 72 hours at 100 percent Federal funding. Washington, DC 20472, (202) 646–3606. each quarter, so that all members that 53612 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices are subject to the Community FOR FURTHER INFORMATION CONTACT: calendar quarter. To date, only members Reinvestment Act of 1977, 12 U.S.C. Joseph A. McKenzie, Associate Director, that are subject to CRA have been 2901 et seq., (CRA), will be reviewed Office of Housing Finance, (202) 408– reviewed. In selecting members, the once every two years. The purpose of 2845, Federal Housing Finance Board, Housing Finance Board follows the this Notice is to announce the names of 1777 F Street, N.W., Washington, D.C. chronological sequence of the members’ the members selected for the seventh 20006. A telecommunications device for CRA Evaluations post-July 1, 1990, to quarter review (1994–95 cycle) under deaf persons (TDD) is available at (202) the greatest extent practicable, selecting the regulations. The Notice also conveys 408–2579. one-eighth of each District’s the dates by which members need to membership for review each calendar comply with the Community Support SUPPLEMENTARY INFORMATION: quarter. However, the Housing Finance regulation review requirements and by A. Selection for Community Support Board will postpone review of new which comments from the public must Review be received. members until they have been System members for one year. DATES: Due Date for Member The Housing Finance Board currently Community Support Statements for reviews all FHLBank System members Selection for review is not, nor should Members Selected in Seventh Quarter that are subject to CRA approximately it be construed as, any indication of Review: November 30, 1995. once every two years. Approximately either the financial condition or Due Date for Public Comments on one-eighth of the FHLBank members in Community Support performance of the Members Selected in Seventh Quarter each district will be selected for review institutions listed. Review: November 30, 1995. by the Housing Finance Board each
B. List of FHLBank Members To Be Reviewed in the Seventh Quarter, Grouped by FHLBank District
Member City State
Federal Home Loan Bank of BostonÐDistrict 1 Post Office Box 9106 Boston, Massachusetts 02205±9106
Bank of Boston, Connecticut ...... Hartford ...... CT American Savings Bank ...... New Britain ...... CT Belmont Savings Bank ...... Belmont ...... MA The Lenox National Bank ...... Lenox ...... MA Northmark Bank ...... North Andover ...... MA South Weymouth Savings Bank ...... South Weymouth ...... MA Westborough Savings Bank ...... Westborough ...... MA Merrill Merchants Bank ...... Bangor ...... ME Union Trust Company ...... Ellsworth ...... ME Norway Savings Bank ...... Norway ...... ME
Federal Home Loan Bank of New YorkÐDistrict 2 Seven World Trade Center 22nd Floor New York, New York 10048±1185
First Savings Bank of Little Falls, S.L.A...... Little Falls ...... NJ Millville Savings and Loan Association ...... Millville ...... NJ Cloverbank ...... Pennsauken ...... NJ Pulse Savings Bank ...... South River ...... NJ Cenlar Federal Savings Bank ...... Trenton ...... NJ Llewellyn-Edison Savings Bank, SLA ...... West Orange ...... NJ Crossland Federal Savings Bank ...... Brooklyn ...... NY Flushing Savings Bank, F.S.B...... Flushing ...... NY Gouverneur Savings and Loan ...... Gouverneur ...... NY Poughkeepsie Savings Bank, FSB ...... Poughkeepsie ...... NY Homestead Savings, F.A...... Utica ...... NY Community Mutual Savings Bank ...... White Plains ...... NY Firstbank Puerto Rico ...... Santurce ...... PR
Federal Home Loan Bank of PittsburghÐDistrict 3 601 Grant Street Pittsburgh, Pennsylvania 15219±4455
Delaware Savings Bank, F.S.B...... Wilmington ...... DE Fidelity S&LA of Bucks County ...... Bristol ...... PA Citizens Savings Association ...... Clarks Summit ...... PA Lafayette Bank ...... Easton ...... PA First National Bank in Fleetwood ...... Fleetwood ...... PA First Federal Savings Bank ...... Hanover ...... PA S&T Bank ...... Indiana ...... PA Mid Penn Bank ...... Millersburg ...... PA Peoples Bank of Oxford ...... Oxford ...... PA Dwelling House Savings and Loan Association ...... Pittsburgh ...... PA Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53613
Member City State
First Pennsylvania Savings Association ...... Pittsburgh ...... PA Stanton Federal Savings and Loan Association ...... Pittsburgh ...... PA Turbotville National Bank ...... Turbotville ...... PA Woodlands Bank ...... Williamsport ...... PA Greenbrier Valley National Bank ...... Lewisburg ...... WV One Valley Bank ...... Point Pleasant ...... WV Fed One Bank ...... Wheeling ...... WV
Federal Home Loan Bank of AtlantaÐDistrict 4 Post Office Box 105565 Atlanta, Georgia 30348
Central Bank of the South ...... Birmingham ...... AL Bank of Dadeville ...... Dadeville ...... AL First Southern Bank ...... Florence ...... AL First Alabama Bank ...... Montgomery ...... AL Troy Bank and Trust Company ...... Troy ...... AL Security Federal Bank, a Federal Savings Bank ...... Tuscaloosa ...... AL Crestar Bank N.A...... Washington ...... DC BankBoynton, a FSB ...... Boynton Beach ...... FL First Federal Savings Bank of the Glades ...... Clewiston ...... FL Gibraltar Savings and Loan Association ...... Hialeah ...... FL Barnett Bank of Polk County ...... Lakeland ...... FL Bank of Naples ...... Naples ...... FL Ocala National Bank ...... Ocala ...... FL U.S. Trust Company of Florida Savings Bank ...... Palm Beach ...... FL J.P. Morgan Florida, Federal Savings Bank ...... Palm Way ...... FL Community Savings, F.A...... Riviera Beach ...... FL Citrus Bank, N.A...... Vero Beach ...... FL Trust Company Bank of South Georgia, N.A...... Albany ...... GA United Bank ...... Barnesville ...... GA First Federal Savings Bank of S.W. Georgia ...... Donalsonville ...... GA Clayton County FS&LA ...... Jonesboro ...... GA Bank of Perry ...... Perry ...... GA Savannah Bank, N.A...... Savannah ...... GA Park Avenue Bank ...... Valdosta ...... GA First Mariner Bank ...... Baltimore ...... MD Kosciuszko Federal Savings Bank ...... Baltimore ...... MD Columbia Bank ...... Columbia ...... MD Sandy Spring National Bank ...... Olney ...... MD Carroll County Bank and Trust Company ...... Westminster ...... MD Belmont Federal Savings & Loan Association ...... Belmont ...... NC Anchor Bank ...... Hampstead ...... NC Morganton FS&LA ...... Morganton ...... NC Security Savings and Loan Association ...... Southport ...... NC United Carolina Bank ...... Whiteville ...... NC Enterprise National Bank and Trust Company ...... Winston-Salem ...... NC Peoples National Bank ...... Easley ...... SC Lowcountry Savings Bank, Inc...... Mount Pleasant ...... SC Union Federal Savings Bank ...... Union ...... SC Union Bank & Trust Company ...... Bowling Green ...... VA National Bank of Fredericksburg ...... Fredericksburg ...... VA Greater Atlantic Savings Bank, F.S.B...... Herndon ...... VA Bank of McKenney ...... McKenney ...... VA Patriot National Bank ...... Reston ...... VA Southern Financial Federal Savings Bank ...... Warrenton ...... VA
Federal Home Loan Bank of CincinnatiÐDistrict 5 Post Office Box 598 Cincinnati, Ohio 45201
Union National Bank and Trust Company ...... Barbourville ...... KY Trans Financial Bank, N.A...... Bowling Green ...... KY Trigg County Farmers Bank ...... Cadiz ...... KY Taylor County Bank ...... Campbellsville ...... KY Provident Bank of Kentucky ...... Cold Springs ...... KY First Federal Savings Bank of Elizabethtown ...... Elizabethtown ...... KY City National Bank ...... Fulton ...... KY Commonwealth Community Bank ...... Hartford ...... KY Citizens Bank ...... Hickman ...... KY First State Bank ...... Irvington ...... KY Anderson National Bank ...... Lawrenceburg ...... KY First Federal Savings & Loan of Lexington ...... Lexington ...... KY 53614 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Member City State
Whitaker Bank, N.A...... Lexington ...... KY First National Bank ...... Louisa ...... KY PNC Bank Kentucky, Inc...... Louisville ...... KY First National Bank of Manchester ...... Manchester ...... KY Green River Bank ...... Morgantown ...... KY First National Bank and Trust Company ...... Nicholasville ...... KY Citizens National Bank of Paintsville ...... Paintsville ...... KY West Point National Bank ...... Radcliff ...... KY Sebree Deposit Bank ...... Sebree ...... KY Shelby County Trust Bank ...... Shelbyville ...... KY Peoples Bank ...... Taylorsville ...... KY Farmers & Merchants State Bank ...... Archbold ...... OH Caldwell Savings and Loan Company ...... Caldwell ...... OH Pioneer Savings Bank ...... Cleveland ...... OH Citizens Federal Savings and Loan Association ...... Delphos ...... OH Croghan Colonial Bank ...... Fremont ...... OH Killbuck Savings Bank Company ...... Killbuck ...... OH Springfield Federal Savings Bank ...... Springfield ...... OH Peoples Savings Bank of Troy ...... Troy ...... OH Brownsville Bank ...... Brownsville ...... TN First Federal Savings Bank ...... Clarksville ...... TN Middle Tennessee Bank ...... Columbia ...... TN Victory Bank and Trust Company ...... Cordova ...... TN Union Savings Bank ...... Covington ...... TN Security Bank ...... Dyersburg ...... TN Greeneville Federal Bank, FSB ...... Greeneville ...... TN Citizens Bank of Blount County ...... Maryville ...... TN City Bank & Trust Company ...... McMinnville ...... TN NBC Knoxville Bank, FSB ...... Memphis ...... TN National Bank of Commerce ...... Memphis ...... TN Oakland Deposit Bank ...... Oakland ...... TN Bank of Sharon ...... Sharon ...... TN Merchants and Planters Bank ...... Toone ...... TN First State Bank ...... Union City ...... TN
Federal Home Loan Bank of IndianapolisÐDistrict 6 P.O. Box 60 Indianapolis, IN 46205±0060
Star Financial Bank ...... Anderson ...... IN First Community Bank and Trust ...... Bargersville ...... IN Hendricks County Bank and Trust Company ...... Brownsburg ...... IN Bank of Western Indiana ...... Covington ...... IN First National Bank of Dana ...... Dana ...... IN Permanent Federal Savings Bank ...... Evansville ...... IN The Garrett State Bank ...... Garrett ...... IN First National Bank ...... Kokomo ...... IN LaPorte Savings Bank ...... LaPorte ...... IN Dearborn Savings, F.A...... Lawrenceburg ...... IN Farmers and Merchants State Bank ...... Logansport ...... IN North Salem State Bank ...... North Salem ...... IN Ripley County Bank ...... Osgood ...... IN Tri-County Bank & Trust Company ...... Roachdale ...... IN Central National Bank of Howard County ...... Russiaville ...... IN Valley American Bank and Trust ...... South Bend ...... IN Citizens National Bank ...... Tell City ...... IN American National Bank ...... Vincennes ...... IN Bank of Lenawee ...... Adrian ...... MI Blissfield State Bank ...... Blissfield ...... MI Byron Center State Bank ...... Byron Center ...... MI Capac State Bank ...... Capac ...... MI First National Bank of Crystal Falls ...... Crystal Falls ...... MI First National Bank of Gaylord ...... Gaylord ...... MI First Community Bank ...... Harbor Springs ...... MI MFC First National Bank of Ironwood ...... Ironwood ...... MI G. W. Jones Exchange Bank ...... Marcellus ...... MI National Bank of Royal Oak ...... Royal Oak ...... MI University Bank ...... Sault St. Marie ...... MI Sparta State Bank ...... Sparta ...... MI Midwest Guaranty Bank ...... Troy ...... MI Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53615
Member City State
Federal Home Loan Bank of ChicagoÐDistrict 7 111 East Wacker Drive Suite 700 Chicago, Illinois 60601
Mercantile Bank ...... Alton ...... IL Peoples Bank ...... Bloomington ...... IL Farmers State Bank of Buffalo ...... Buffalo ...... IL Home Federal Savings & Loan ...... Carbondale ...... IL Chicago Building Loan & Homestead Association ...... Chicago ...... IL LaSalle National Bank ...... Chicago ...... IL LaSalle Talman Bank, FSB ...... Chicago ...... IL Pioneer Bank & Trust Company ...... Chicago ...... IL Old Kent Bank ...... Elmhurst ...... IL First Bank North ...... Freeport ...... IL Advance Bank, s.b...... Lansing ...... IL LaSalle Bank Matteson ...... Matteson ...... IL Bank of Illinois in Normal ...... Normal ...... IL Hemlock Federal Bank for Savings ...... Oak Forest ...... IL Community Bank & Trust, sb ...... Olney ...... IL First Bankers Trust Company, N.A...... Quincy ...... IL Busey Bank ...... Urbana ...... IL Cole Taylor Bank ...... Wheeling ...... IL First National Bank and Trust Company ...... Beloit ...... WI Denmark State Bank ...... Denmark ...... WI Mitchell Savings Bank, S.A...... Greenfield ...... WI State Bank of La Crosse ...... La Crosse ...... WI Park Bank ...... Madison ...... WI Bay View Federal Savings & Loan Association ...... Milwaukee ...... WI TCF Bank Wisconsin, fsb ...... Milwaukee ...... WI First National Bank of Portage ...... Portage ...... WI Community State Bank ...... Union Grove ...... WI
Federal Home Loan Bank of Des MoinesÐDistrict 8 907 Walnut Street Des Moines, Iowa 50309
Exchange State Bank ...... Collins ...... IA Hawkeye Bank of Des Moines ...... Des Moines ...... IA Iowa State Bank and Trust Company ...... Fairfield ...... IA First Bank and Trust Company ...... Glidden ...... IA Hawkeye Bank of Humboldt County ...... Humboldt ...... IA First National Bank of Iowa City ...... Iowa City ...... IA Home State Bank ...... Jefferson ...... IA Farmers & Merchants Savings Bank ...... Manchester ...... IA Northwoods State Bank ...... Northwood ...... IA Morningside Bank & Trust ...... Sioux City ...... IA Tama State Bank ...... Tama ...... IA Peoples State Bank ...... Winthrop ...... IA Security Bank Minnesota ...... Albert Lea ...... MN First Security Bank ...... Byron ...... MN Itasca State Bank of Grand Rapids ...... Grand Rapids ...... MN Community First National Bank ...... Little Falls ...... MN National City Bank of Minneapolis ...... Minneapolis ...... MN Peoples State Bank of Plainview ...... Plainview ...... MN First Security State Bank ...... Sleepy Eye ...... MN Cherokee State Bank of St. Paul ...... St. Paul ...... MN Wadena State Bank ...... Wadena ...... MN Polk County Bank ...... Bolivar ...... MO Peoples Bank ...... Cuba ...... MO Farmers & Merchants Bank ...... Hannibal ...... MO City National Savings Bank, FSB ...... Jefferson City ...... MO First National Bank of Platte County ...... Kansas City ...... MO Lexington Building and Loan Association ...... Lexington ...... MO First Bank, CBC ...... Maryville ...... MO St. Clair County State Bank ...... Osceola ...... MO Great Southern Savings Bank, FSB ...... Springfield ...... MO St. Charles FS&LA ...... St. Charles ...... MO Equality Savings and Loan Association, F.A...... St. Louis ...... MO Mark Twain Bank ...... St. Louis ...... MO Ramsey Bank ...... Cando ...... ND Gate City Federal Savings Bank ...... Fargo ...... ND 53616 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Member City State
State Bank of Alcester ...... Alcester ...... SD
Federal Home Loan Bank of DallasÐDistrict 9 5605 North MacArthur Boulevard 9th Floor Dallas/Forth Worth, Texas 75261±9026
Security Bank of Conway, FSB ...... Conway ...... AR Bank of Elkins ...... Elkins ...... AR First Federal Bank of Arkansas, F.A...... Harrison ...... AR First Commercial Bank, N.A...... Little Rock ...... AR First Bank of Arkansas ...... Russellville ...... AR Citizens Savings & Loan Association ...... Bogalusa ...... LA Homeland Federal Savings Bank ...... Columbia ...... LA First Bank and Trust ...... New Orleans ...... LA First Federal Savings and Loan Association ...... Opelousas ...... LA Springhill Bank & Trust Company ...... Springhill ...... LA Federal Savings Bank of Evangeline Parish ...... Ville Platte ...... LA Bank of Anguilla ...... Anguilla ...... MS Guaranty Bank & Trust Company ...... Belzoni ...... MS Bank of Forest ...... Forest ...... MS Merchants and Farmers Bank ...... Kosciusko ...... MS Citizens State Bank ...... Magee ...... MS First National Bank of Picayune ...... Picayune ...... MS Wilkinson County Savings Bank ...... Woodville ...... MS First Savings Bank, F.S.B...... Clovis ...... NM First State Bank Taos ...... Taos ...... NM First International Bank ...... Bedford ...... TX First Federal Savings and Loan of Bryan ...... Bryan ...... TX Texas Community Bank, N.A...... Dallas ...... TX Graham Savings and Loan, FA ...... Graham ...... TX Bank United of Texas, FSB ...... Houston ...... TX Pinemont Bank ...... Houston ...... TX Jacksonville Savings & Loan Association ...... Jacksonville ...... TX Keller State Bank ...... Keller ...... TX Hale County State Bank ...... Plainview ...... TX Plano Bank and Trust ...... Plano ...... TX Snyder Savings and Loan Association ...... Snyder ...... TX The First National Bank of Van Alstyne ...... Van Alstyne ...... TX Herring National Bank in Vernon ...... Vernon ...... TX
Federal Home Loan Bank of TopekaÐDistrict 10 Post Office Box 176 Topeka, Kansas 66601
Alpine Bank, Aspen ...... Aspen ...... CO Colorado Springs Savings and Loan Association ...... Colorado Springs ...... CO First Bank of Arapahoe County, N.A...... Englewood ...... CO Alpine Bank and Trust ...... Glenwood Springs ...... CO First Western National Bank ...... La Jara ...... CO Mancos Valley Bank ...... Mancos ...... CO BestBank ...... Thornton ...... CO Citizens Bank ...... Westminster ...... CO Bank of ColoradoÐFront Range ...... Windsor ...... CO Fidelity State Bank and Trust Company ...... Dodge City ...... KS Army National Bank ...... Fort Leavenworth ...... KS Investors Federal Savings ...... Kinsley ...... KS Miami County National Bank of Paola ...... Paola ...... KS Plattsmouth State Bank ...... Plattsmouth ...... NE Stromsburg Bank ...... Stromsburg ...... NE First National Bank and Trust Company of Ada ...... Ada ...... OK Charter National Bank ...... Oklahoma City ...... OK First State Bank ...... Picher ...... OK Welch State Bank ...... Welch ...... OK
Federal Home Loan Bank of San FranciscoÐDistrict 11 307 East Chapman Avenue Orange, California 92666
Norwest Bank Arizona, NA ...... Phoenix ...... AZ State Savings Bank, F.S.B...... Scottsdale ...... AZ Humboldt Bank ...... Eureka ...... CA Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53617
Member City State
Six Rivers National Bank ...... Eureka ...... CA High Desert National Bank ...... Hesperia ...... CA General Bank ...... Los Angeles ...... CA Hancock Savings Bank ...... Los Angeles ...... CA First FS&LA of San Bernardino ...... San Bernardino ...... CA Peninsula Bank of San Diego ...... San Diego ...... CA Visalia Community Bank ...... Visalia ...... CA
Federal Home Loan Bank of SeattleÐDistrict 12 1501 Fourth Avenue Seattle Washington 98101±1693
Key Bank of Alaska ...... Anchorage ...... AK City Bank ...... Honolulu ...... HI First Hawaiian Creditcorp ...... Honolulu ...... HI West One Bank, Idaho, N.A...... Boise ...... ID BankWest, N.A...... Kalispell ...... MT Bank of the Cascades ...... Bend ...... OR Siuslaw Valley Bank ...... Florence ...... OR South Umpqua State Bank ...... Roseburg ...... OR Clackamas County Bank ...... Sandy ...... OR Bank of Utah ...... Ogden ...... UT Guardian State Bank ...... Salt Lake City ...... UT West One Bank Utah ...... Salt Lake City ...... UT Northwestern Bank, N.A...... Bremerton ...... WA Mt. Rainier National Bank ...... Enumclaw ...... WA Whatcom State Bank ...... Ferndale ...... WA U.S. Bank of Washington, N.A...... Seattle ...... WA Bank of Vancouver ...... Vancouver ...... WA Bank of Laramie ...... Laramie ...... WY First Federal Savings Bank ...... Sheridan ...... WY
C. Due Dates The purpose of this notification will are set forth in section 3(c) of the Act be to solicit public comment on the (12 U.S.C. 1842(c)). Members selected for review must Community Support records of the submit completed Community Support The application is available for FHLBank members pending review. Statements to their FHLBanks no later immediate inspection at the Federal Any person wishing to submit written than November 30, 1995. Reserve Bank indicated. Once the comments on the Community Support All public comments concerning the application has been accepted for performance of a FHLBank member Community Support performance of processing, it will also be available for under review in this quarter should selected members must be submitted to inspection at the offices of the Board of send those comments to the member’s the members’ FHLBanks no later than Governors. Interested persons may FHLBank by the due date indicated in November 30, 1995. express their views in writing to the order to be considered in the review Reserve Bank indicated for that D. Notice to Members Selected process. application or to the offices of the Board Within 15 days of this Notice’s Dated: October 4, 1995. of Governors. Any comment on an publication in the Federal Register, the By the Federal Housing Finance Board. application that requests a hearing must individual FHLBanks will notify each Rita I. Fair, include a statement of why a written presentation would not suffice in lieu of member selected to be reviewed that the Managing Director. member has been selected and when the a hearing, identifying specifically any [FR Doc. 95–25216 Filed 10–13–95; 8:45 am] questions of fact that are in dispute and member must return the completed BILLING CODE 6725±01±P Community Support Statement. At that summarizing the evidence that would time, the FHLBank will provide the be presented at a hearing. member with a Community Support Comments regarding this application FEDERAL RESERVE SYSTEM Statement form and written instructions must be received not later than November 9, 1995. and will offer assistance to the member Bren-Mar Properties, Inc.; Formation A. Federal Reserve Bank of St. Louis in completing the Statement. The of, Acquisition by, or Merger of Bank (Randall C. Sumner, Vice President) 411 FHLBank will only review Statements Holding Companies for completeness, as the Housing Locust Street, St. Louis, Missouri 63166: Finance Board will conduct the actual The company listed in this notice has 1. Bren-Mar Properties, Inc., review. applied for the Board’s approval under Columbia, Missouri; to acquire 50 section 3 of the Bank Holding Company percent of the voting shares of Jack’s E. Notice to the Public Act (12 U.S.C. 1842) and § 225.14 of the Fork Bancorporation, Inc., Columbia, At the same time that the FHLBank Board’s Regulation Y (12 CFR 225.14) to Missouri, and thereby indirectly acquire members selected for review are notified become a bank holding company or to Bank of Mountain View, Mountain of their selection, each FHLBank will acquire a bank or bank holding View, Missouri; Summersville State also notify community groups and other company. The factors that are Bank, Summersville, Missouri; and interested members of the public. considered in acting on the applications Texas County Bank, Houston, Missouri. 53618 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Board of Governors of the Federal Reserve processing activities, pursuant § Board of Governors of the Federal Reserve System, October 10, 1995. 225.25(b)(7) of the Board’s Regulation Y. System, October 10, 1995. Jennifer J. Johnson, Visa U.S.A. will be the coventurer with Jennifer J. Johnson, Deputy Secretary of the Board. the remaining 50 percent ownership. Deputy Secretary of the Board. [FR Doc. 95–25536 Filed 10–13–95; 8:45 am] The geographic scope of this is activity [FR Doc. 95–25537 Filed 10–13–95; 8:45 am] BILLING CODE 6210±01±F is throughout the United States, Puerto BILLING CODE 6210±01±F Rico, Canada, and Mexico. B. Federal Reserve Bank of St. Louis Synovus Financial Corp., et al.; Notice (Randall C. Sumner, Vice President) 411 SouthTrust Corporation; Notice of of Applications to Engage de novo in Locust Street, St. Louis, Missouri 63166: Application to Engage de novo in Permissible Nonbanking Activities Permissible Nonbanking Activities 1. CNB Bancshares, Inc., Evansville, The companies listed in this notice Indiana, to engage de novo through its SouthTrust Corporation, Birmingham, have filed an application under § subsidiary, Citizens Trust Company of Alabama (Notificant), has given notice 225.23(a)(1) of the Board’s Regulation Y Indiana, N.A., Evansville, Indiana, in pursuant to section 4(c)(8) of the Bank (12 CFR 225.23(a)(1)) for the Board’s functions or activities that may be Holding Company Act (12 U.S.C. approval under section 4(c)(8) of the performed by a trust company 1843(c)(8)) (BHC Act) and § 225.23(a)(3) Bank Holding Company Act (12 U.S.C. (including activities of a fiduciary, of the Board’s Regulation Y (12 CFR 1843(c)(8)) and § 225.21(a) of Regulation agency or custodial nature), pursuant to 225.23(a)(3)), to engage de novo through Y (12 CFR 225.21(a)) to commence or to § 225.25(b)(3) of the Board’s Regulation its subsidiary, SouthTrust Securities, engage de novo, either directly or Y. Inc., Birmingham, Alabama, in through a subsidiary, in a nonbanking providing investment advisory services, Board of Governors of the Federal Reserve pursuant to § 225.25(b)(4) of Regulation activity that is listed in § 225.25 of System, October 10, 1995. Regulation Y as closely related to Y (12 CFR 225.25(b)(4)). Notificant also banking and permissible for bank Jennifer J. Johnson, proposes to engage in the following holding companies. Unless otherwise Deputy Secretary of the Board. activities which previously have been noted, such activities will be conducted [FR Doc. 95–25538 Filed 10–13–95; 8:45 am] determined by the Board by Order to be throughout the United States. BILLING CODE 6210±01±F closely related to banking: (1) acting as Each application is available for agent, in the private placement of all immediate inspection at the Federal types of securities; and (2) acting as a Reserve Bank indicated. Once the Vernon H. Warren; Change in Bank riskless principal in the purchase and application has been accepted for Control Notice sale of all types of securities on the processing, it will also be available for order of investors. Notificant proposes inspection at the offices of the Board of Acquisition of Shares of Banks or to engage in the proposed activities Governors. Interested persons may Bank Holding Companies nationwide. express their views in writing on the Section 4(c)(8) of the BHC Act question whether consummation of the The notificant listed below has provides that a bank holding company proposal can ‘‘reasonably be expected to applied under the Change in Bank may, with Board approval, engage in produce benefits to the public, such as Control Act (12 U.S.C. 1817(j)) and § any activity ‘‘which the Board after due greater convenience, increased 225.41 of the Board’s Regulation Y (12 notice and opportunity for hearing has competition, or gains in efficiency, that CFR 225.41) to acquire a bank or bank determined (by order or regulation) to outweigh possible adverse effects, such holding company. The factors that are be so closely related to banking or as undue concentration of resources, considered in acting on notices are set managing or controlling banks as to be decreased or unfair competition, forth in paragraph 7 of the Act (12 a proper incident thereto.’’ 12 U.S.C. conflicts of interests, or unsound U.S.C. 1817(j)(7)). 1843(c)(8). banking practices.’’ Any request for a The notice is available for immediate Notificant maintains that the Board hearing on this question must be inspection at the Federal Reserve Bank previously has determined that the accompanied by a statement of the indicated. Once the notice has been proposed activities are ‘‘so closely reasons a written presentation would accepted for processing, it will also be related to banking or managing or not suffice in lieu of a hearing, available for inspection at the offices of controlling banks as to be proper identifying specifically any questions of the Board of Governors. Interested incident thereto.’’ The Board previously fact that are in dispute, summarizing the persons may express their views in has approved, by order, the proposed evidence that would be presented at a writing to the Reserve Bank indicated private placement and riskless principal hearing, and indicating how the party for the notice or to the offices of the activities, and Notificant has stated that commenting would be aggrieved by Board of Governors. Comments must be it will conduct the proposed activities approval of the proposal. received not later than October 30, 1995. using the same methods and subject to Unless otherwise noted, comments the prudential limitations established by A. Federal Reserve Bank of Atlanta regarding the applications must be the Board in its previous orders. See J.P. (Zane R. Kelley, Vice President) 104 received at the Reserve Bank indicated Morgan & Co. Incorporated, 76 Federal Marietta Street, N.W., Atlanta, Georgia or the offices of the Board of Governors Reserve Bulletin 26 (1990); Bankers 30303: not later than October 30, 1995. Trust New York Corporation, 75 Federal A. Federal Reserve Bank of Atlanta 1. Vernon H. Warren, Albany, Reserve Bulletin 829 (1989). (Zane R. Kelley, Vice President) 104 Georgia; to retain a total of 12.67 percent In publishing the proposal for Marietta Street, N.W., Atlanta, Georgia of the voting shares of First State comment, the Board does not take a 30303: Corporation, Albany, Georgia, and position on issues raised by the 1. Synovus Financial Corp., thereby indirectly retain First State proposal. Notice of the proposal is Columbus, Georgia; to engage de novo Bank & Trust Company, Albany, published solely in order to seek the through its subsidiary, Vital Processing Georgia, and First State Bank & Trust views of interested persons on the Services, LLC, in merchant data Company, Cordele, Georgia. issues presented by the notice, and does Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53619 not represent a determination by the Ronald H. Carlson profiles on unregulated hazardous Board that the proposal meets or is Ron Chesemore substances prepared by ATSDR for the likely to meet the standards of the BHC Naomi Churchill Department of Defense. Act. Elizabeth Cusick FOR FURTHER INFORMATION CONTACT: Ms. Any comments or requests for hearing Patricia Dalton Kim E. Jenkins, Agency for Toxic should be submitted in writing and Diann Dawson Substances and Disease Registry, received by William W. Wiles, Gale A. Drapala Division of Toxicology, 1600 Clifton Secretary, Board of Governors of the Florence B. Fiori, Dr. Ph.H. Road, NE., Mailstop E–29, Atlanta, Federal Reserve System, Washington, Helene G. Gayle, M.D., M.P.H. Georgia 30333, telephone (404) 639– D.C. 20551, not later than October 27, Ronald G. Geller, Ph.D. 6357. Eric P. Goosby, M.D. 1995. Any request for a hearing on this SUPPLEMENTARY INFORMATION: The Michael M. Gottesman, M.D. proposal must, as required by section Superfund Amendments and 262.3(e) of the Board’s Rules of Richard J. Greene, M.D., Ph.D. Robert Harris Reauthorization Act (SARA) of 1986 Procedure (12 CFR 262.3(e)), be (Public Law 99–499) amended the accompanied by a statement of the Robert H. Harry, D.D.S. Ileana Herrell Comprehensive Environmental reasons why a written presentation Response, Compensation, and Liability would not suffice in lieu of a hearing, Richard J. Hodes, M.D. Sharon Smith Holston Act of 1980 (Superfund) or CERCLA. identifying specifically any questions of Section 211 of SARA also amended fact that are in dispute, summarizing the James M. Hughes, M.D. Arthur C. Jackson Title 10 of the U.S. Code, creating the evidence that would be presented at a Defense Environmental Restoration hearing, and indicating how the party Richard J. Jackson Walter L. Jackson Program. Section 2704(a) of Title 10 of commenting would be aggrieved by the U.S. Code directs the Secretary of approval of the proposal. The notice Thomas M. Kickham Ruth L. Kirschstein Defense to notify the Secretary of Health may be inspected at the offices of the Claude Lenfant, M.D. and Human Services of not less than 25 Board of Governors or the Federal Arthur S. Levine, M.D. of the most commonly found, Reserve Bank of Atlanta. Michel E. Lincoln unregulated hazardous substances at Board of Governors of the Federal Reserve Merle G. McPherson, M.D. defense facilities. Each profile or System, October 11, 1995. John D. Mahoney technical report includes an Jennifer J. Johnson, Michael Mangano examination, summary and Deputy Secretary of the Board. James S. Marks, M.D., M.P.H. interpretation of available toxicological [FR Doc. 95–25673 Filed 10–13–95; 8:45 am] Naomi B. Marr information and epidemiological BILLING CODE 6210±01±F Steven A. Pelovitz evaluations. This information and these Vivian W. Pinn, M.D. data are used to ascertain the levels of Louise Ramm, Ph.D. significant human exposure for the Luana Reyes substance and the associated health DEPARTMENT OF HEALTH AND Sally K. Richardson effects. The profiles or technical reports HUMAN SERVICES William A. Robinson, M.D. include a determination of whether Senior Executive Service; Performance Linda Rosenstock, M.D., M.P.H. adequate information on the health Review Board Members Laura S. Rosenthal effects of each substance is available or Linda A. Ruiz under development. When adequate Title 5, U.S. Code, Section 4314(c)(4) Marla E. Salmon, Sc.D. information is not available, in of the Civil Service Reform Act of 1978, Ruth D. Sanchez-Way, Ph.D. cooperation with the National Public Law 95–454, requires that the Paul M. Schwab Toxicology Program (NTP), ATSDR may appointment of Performance Review William Shultz plan a program of research designed to Board members be published in the Clay E. Simpson, Ph.D. determine these health effects. Federal Register. Allen M. Spiegel, M.D. Notice of the availability of 10 new Dated: September 29, 1995. Robert O. Valdez draft toxicological profiles and 1 Judith N. Wasserheit, M.D. Eugene Kinlow, technical report for public review and Michael Zimmerman comment was published in the Federal Acting Assistant Secretary for Personnel Administration. [FR Doc. 95–25412 Filed 10–13–95; 8:45 am] Register on September 1, 1993, (58 FR BILLING CODE 4150±04±M 46196), with notice of a 90-day public The following persons will serve on comment period for each profile, the Performance Review Boards or starting from the actual release date. Panels which oversee the evaluation of Agency for Toxic Substances and Following the close of each comment performance appraisals of Senior Disease Registry period, chemical-specific comments Executive Service members of the were addressed, and where appropriate, Department of Health and Human [ATSDR±100] changes were incorporated into each Services: Availability of Final Toxicological profile. William D. Adams The public comments, the Profiles Michele Applegate classification of and response to those Bernard Arons AGENCY: Agency for Toxic Substances comments, and other data submitted in Thomas A. Ault and Disease Registry (ATSDR), Public response to the Federal Register notice Wendy Baldwin, Ph.D. Health Service (PHS), Department of bear the docket control number ATSDR– Lyle W. Bivens, Ph.D. Health and Human Services (HHS). 71. This material is available for public Clarence J. Boone ACTION: Notice of availability. inspection at the Division of Toxicology, Claire V. Broome, M.D. Agency for Toxic Substances and Fernando Burbano SUMMARY: This notice announces the Disease Registry, Building 4, Suite 2400, George Buzzard availability of 10 final toxicological Executive Park Drive, Atlanta, Georgia 53620 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
(not a mailing address), between 8 a.m. for the Department of Defense. The draft available through the U.S. Department and 4:30 p.m., Monday through Friday, technical report previously released for of Commerce, National Technical except legal holidays. public comment has been developed Information Service (NTIS), 5285 Port into a toxicological profile that will be Royal Road, Springfield, Virginia 22161, Availability released with the next set of profiles for telephone 1–800–553–6847. There is a This notice announces the availability the Department of Defense. The charge for these profiles as determined of the first 10 final toxicological profiles following toxicological profiles are now by NTIS.
Toxicological profile NTIS order No. CAS No.
1. Automotive Gasoline ...... PB95±264206 8006±61±9. 2. Diethyl Phthalate ...... PB95±264214 84±66±2. 3. Fuel Oils ...... PB95±264222 Fuel Oil No. 1 (Kerosene) ...... 8008±20±6. Fuel Oil No. 1-D (Diesel Fuel No. 1) ...... No CAS #. Fuel Oil No. 2 (Gas Oil) ...... 68476±30±2. Fuel Oil No. 2-D (Diesel Fuel No. 2) ...... 68476±34±6. Fuel Oil No. 4 (Residual Fuel) ...... 68476±31±3. Fuel Oil UNSP ...... No CAS #. 4. Jet Fuels JP±4 ...... PB95±264230 50815±00±4. Jet Fuels JP±7 ...... No CAS #. 5. Otto Fuel II and Its Components ...... PB95±264248 106602±80±6. Propylene Glycol Dinitrate ...... 6423±43±4. 2-Nitrodiphenylamine ...... 119±75±5. Dibutyl Sebacate ...... 109±43±3. 6. RDX ...... PB95±264255 121±82±4. 7. Stoddard Solvent ...... PB95±264263 8052±41±3. 8. Tetryl ...... PB95±264271 479±45±8. 9. 1,3-Dinitrobenzene ...... PB95±264289 99±65±0. 1,3,5-Trinitrobenzene ...... 99±35±4. 10. 2,4,6-Trinitrotoluene ...... PB95±264297 118±96±7.
Dated: October 10, 1995. from the date that additional documents On August 16, 1995, all documents Claire V. Broome, that the agency considered were placed referred to in the notice were placed on Deputy Administrator, Agency for Toxic on display. public display at the Dockets Substances and Disease Registry. DATES: Comments by January 2, 1996. Management Branch, except for a small [FR Doc. 95–25572 Filed 10–13–95; 8:45 am] number of documents identified as ADDRESSES: Submit written comments BILLING CODE 4163±70±P confidential and articles for which to the Dockets Management Branch publicly available journal citations were (HFA–305), Food and Drug given in the notice. The notice and the Food and Drug Administration Administration, 12420 Parklawn Dr., documents cited by the agency in rm. 1–23, Rockville, MD 20857. [Docket No. 95N±0253J] support of the notice (except for those FOR FURTHER INFORMATION CONTACT: documents that the agency identified as Analysis Regarding the Food and Drug Philip L. Chao, Office of Policy (HF–23), confidential) have been publicly Administration's Jurisdiction Over Food and Drug Administration, 5600 available since August 16, 1995. On Nicotine-Containing Cigarettes and Fishers Lane, Rockville, MD 20857, September 29, 1995, FDA placed Smokeless Tobacco Products; 301–827–3380. additional documents that the agency Extension of Comment Period SUPPLEMENTARY INFORMATION: In the considered on public display at the Federal Register of August 11, 1995 (60 Dockets Management Branch. AGENCY: Food and Drug Administration, Accordingly, FDA is extending the HHS. FR 41453), FDA issued a notice describing the results of FDA’s comment period to January 2, 1996. A ACTION: Notice; extension of comment extensive investigation of cigarettes and deadline of December 28, 1995, would period. smokeless tobacco products. The notice provide a comment period of 90 days SUMMARY: The Food and Drug contained a comprehensive analysis and from the date on which the agency Administration (FDA) is extending to detailed documentation regarding the placed additional documents that the January 2, 1996, the comment period for agency’s jurisdiction over such agency considered on public display. the notice that appeared in the Federal products. The results of the Because December 28, 1995, is a Register of August 11, 1995 (60 FR investigation and analysis supported a Thursday and January 1, 1996, is a 41453). The document contained FDA’s finding, at that time, that nicotine in holiday, the agency does not anticipate factual and legal analysis regarding cigarettes and smokeless tobacco that it will be able to undertake nicotine in cigarettes and smokeless products is a drug, and that these significant work on the comments until tobacco products and whether the products are drug delivery devices January 2, 1996. Therefore, the agency is products are drug delivery devices within the meaning of the act. In issuing extending the comment period until within the meaning of the Federal Food, the notice, FDA also recognized the January 2, 1996. Drug, and Cosmetic Act (the act). As a unique importance of the jurisdictional Because of the public health result of this extension, the agency is issue as well as the factual justification importance of this matter, the agency providing a comment period of more for any proposed rule concerning advises that it does not anticipate than 140 days on the notice, and a cigarettes and smokeless tobacco granting further extensions of the comment period of more than 90 days products and invited comment. comment period beyond January 2, Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53621
1996. In order to assure consideration [Docket No. 95N±0253J] Food and Drug Administration, 5600 by the agency, comments are to be filed Fishers Lane, Rockville, MD 20857, by that date. Analysis Regarding the Food and Drug 301–827–3380. Elsewhere in this issue of the Federal Administration's Jurisdiction Over Register, the agency is publishing two Nicotine-Containing Cigarettes and SUPPLEMENTARY INFORMATION: In FR Doc. graphs that were inadvertently omitted Smokeless Tobacco Products; 95–20052, appearing on page 41453 in from the appendix to the notice. The Correction the Federal Register of Friday, August appendix did not appear in the Federal 11, 1995, the following corrections are AGENCY: Food and Drug Administration, Register on August 11, 1995, but can be made: HHS. purchased from the Government ACTION: Notice; correction. 1. On page 41453, in the 2d column, Printing Office (stock number under the ADDRESSES caption, in line 7, 017012003737). SUMMARY: the word ‘‘the’’ is added before the word Interested persons may, on or before The Food and Drug ‘‘Superintendent’’; and in the 3d December 28, 1995, submit to the Administration (FDA) is correcting a column, under the SUPPLEMENTARY Dockets Management Branch (address document entitled ‘‘Nicotine In above) written comments regarding this Cigarettes And Smokeless Tobacco INFORMATION caption, in the 2d full notice. Four copies of any comments are Products Is A Drug And These Products paragraph, in line 3, the word ‘‘of’’ is to be submitted, except that individuals Are Nicotine Delivery Devices Under corrected to read ‘‘on’’. may submit one copy. Comments are to the Federal Food, Drug, and Cosmetic 2. In the appendices which were Act’’ that appeared in the Federal be identified with the docket number made available by the agency through found in brackets in the heading of this Register of August 11, 1994 (60 FR 41453). The document was published the Superintendent of Documents, document. Received comments may be Government Printing Office, on pages seen in the Dockets Management Branch with some typograpical errors. In addition, the document announced the A–80 and A–81 the following between 9 a.m. and 4 p.m., Monday illustrations are added: through Friday. availability of appendices. The agency has discovered that it inadvertently BILLING CODE 4160±01±F Dated: October 11, 1995. omitted two diagrams from the William B. Schultz, appendices. This document corrects Deputy Commissioner for Policy. those errors. [FR Doc. 95–25671 Filed 10–12–95; 1:38 pm] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4160±01±F Philip L. Chao, Office of Policy (HF–23), 53622 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53623 53624 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Dated: October 11, 1995. Assistance (DSMA) Facts on Demand, developed such guidance and is making William B. Schultz, Center for Devices and Radiological it available as a draft for public Deputy Commissioner for Policy. Health (CDRH), 1–800–899–0381. comment. Copies of the draft guidance may also be [FR Doc. 95–25669 Filed 10–12–95; 1:38 pm] III. The Draft Guidance BILLING CODE 4160±01±C obtained from the electronic docket administered by DSMA and are The draft guidance has been available to anyone with a video developed to provide aid to [Docket No. 95D±0283] terminal or personal computer (1–800– manufacturers, specification developers, 252–1366). and distributors of class I, class II, or Deciding When To Submit a 510(k) for preamendment (devices in commercial FOR FURTHER INFORMATION CONTACT: a Change to an Existing Device; Draft distribution before May 28, 1976) class Harvey Rudolph, Center for Devices and Guidance; Availability III devices for which premarket Radiological Health (HFZ–100), Food approval has not yet been required AGENCY: Food and Drug Administration, and Drug Administration, 9200 under section 515(b) of the Federal HHS. Corporate Blvd., Rockville, MD 20850, Food, Drug, and Cosmetic Act (21 U.S.C. ACTION: 301–443–2444. Notice. 360e(b)) who intend to modify their SUPPLEMENTARY INFORMATION: SUMMARY: The Food and Drug device and are in the process of Administration (FDA) is announcing the I. Background deciding whether the modification availability of an August 1, 1995, draft meets the regulatory threshold for On April 8, 1994, FDA circulated for submitting a new 510(k). Whenever guidance entitled ‘‘Deciding When to comment the first draft guidance Submit a 510(k) for a Change to an possible, the draft guidance attempts to entitled ‘‘Deciding When to Submit a incorporate existing guidance and Existing Device.’’ The draft guidance 510(k) for a Change to an Existing includes a flowchart model that can be policy regarding when a 510(k) is Device.’’ The draft guidance was necessary for modifications to a used by manufacturers in their intended to provide direction to decisionmaking to analyze whether currently legally-marketed device. manufacturers on deciding when to The draft guidance is not intended to certain changes in a device could submit a new 510(k) for changes to an significantly affect the safety or supplant existing definitive guidance for existing device. The April 8, 1994, draft modifications to specific devices, i.e., effectiveness of the device and, guidance was the subject of a May 12, therefore, require submission of a new for daily wear contact lenses. Moreover, 1994, FDA teleconference. The April 8, the draft guidance is not intended to 510(k). The draft guidance is intended 1994, draft guidance was also the apply to device kits, nor is it intended to provide direction to manufacturers, subject of discussion at several trade to apply to combination products, such specification developers, and and industry association meetings. as drug/device or biologic/device distributors of devices who intend to FDA received over 60 comments combinations. The draft guidance is also modify their device and are in the regarding the April 8, 1994, draft not intended to address the need for process of deciding whether the guidance. Based on the comments submitting a 510(k) by refurbishers or modification requires a new premarket received, FDA developed an August 1, remanufacturers of devices. FDA notification submission (510(k)). 1995, second draft guidance entitled intends to develop additional guidance DATES: Written comments by December ‘‘Deciding When to Submit a 510(k) for specific to these situations. 15, 1995. a Change to an Existing Device.’’ FDA is The types of modifications addressed ADDRESSES: Submit written requests for now announcing the availability of the in the draft guidance include labeling single copies of the draft guidance August 1, 1995, draft guidance to elicit changes, technology or performance entitled ‘‘Deciding When to Submit a further public comment. specifications changes, and materials 510(k) for a Change to an Existing changes. The basis for comparison of II. When to Submit a 510(k) for a Device’’ to the Division of Small any changed device is the device Change to an Existing Device Manufacturers Assistance, Center for described by a cleared 510(k) or a Devices and Radiological Health (HFZ– Whenever a manufacturer of a legally legally marketed pre-1976 device. That 220), Food and Drug Administration, marketed device decides to change the is, manufacturers may make a number of 1350 Piccard Dr., Rockville, MD 20850, device’s design or labeling, it is faced changes without having to submit a 301–443–6597 (outside MD 1–800–638– with a decision on whether to submit a 510(k), but each time they make a 2041). Send two self-addressed adhesive 510(k). Section 807.81(a)(3) (21 CFR change, the device they should compare labels to assist that office in processing 807.81(a)(3)) states that a premarket it to is their most recently cleared your requests, or FAX your request to notification is required for changes to a device or their pre-1976 device, not the 301–443–8818. Submit written currently marketed device that ‘‘could current legally marketed device. In comments on the draft guidance to the significantly affect the safety or effect, manufacturers need to submit a Dockets Management Branch (HFA– effectiveness of the device.’’ FDA staff new 510(k) only when the sum of the 305), Food and Drug Administration, have tried to define this phrase with incremental changes, taken together as rm. 1–23, 12420 Parklawn Dr., greater accuracy, as well as the criteria though they were in fact one change, Rockville, MD 20857. Requests and contained in 21 CFR 807.81(a)(3)(i) and exceeds the § 807.81(a)(3) threshold, comments should be identified with the (ii) which are expressed in general terms ‘‘could significantly affect the safety or docket number found in brackets in the using adjectives such as ‘‘major’’ and effectiveness of the device.’’ heading of this document. A copy of the ‘‘significant,’’ because they can According to the draft guidance, draft guidance and received comments sometimes lead to subjective because many simultaneous changes are available for public examination in interpretation. may be considered in the evolution of the Dockets Management Branch FDA’s previous attempts to develop device design, each type of change between 9 a.m. and 4 p.m., Monday guidance in this area have not been should be assessed separately and, through Friday. Copies of a facsimile of entirely successful, and manufacturers when any one change leads the the draft guidance, are available from have frequently expressed the need for manufacturer to decide to submit a the Division of Small Manufacturers more definitive guidance. FDA has now 510(k), then a 510(k) incorporating all Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53625 the current changes and comparing the person, nor does it operate to bind FDA SUPPLEMENTARY INFORMATION: new device to the originally cleared or device manufacturers in any way. I. Background device, or one marketed prior to May 28, V. Requests for Comments 1976, should be submitted. The new Section 1813 of the Social Security 510(k), once cleared, would form the Interested persons may, on or before Act (the Act) provides for an inpatient basis of comparison for the next December 15, 1995, submit to the hospital deductible to be subtracted sequence of changes. Dockets Management Branch (address from the amount payable by Medicare The draft guidance consists of a above) written comments regarding the for inpatient hospital services furnished flowchart model to help manufacturers draft guidance. Two copies of any to a beneficiary. It also provides for through the logic scheme necessary to comments are to be submitted, except certain coinsurance amounts to be arrive at a decision on when to submit that individuals may submit one copy. subtracted from the amounts payable by a 510(k) for a change to an existing Comments are to be identified with the Medicare for inpatient hospital and device. The flowchart includes the docket number found in brackets in the extended care services. Section following three logical breakouts of heading of this document. The draft 1813(b)(2) of the Act requires us to changes that might be made to a device: guidance and received comments may determine and publish between Labeling changes, technology or be seen in the office above between 9 September 1 and September 15 of each performance specifications changes, and a.m. and 4 p.m., Monday through year the amount of the inpatient materials changes. To use the model, the Friday. hospital deductible and the hospital and questions posed in the flowchart should Received comments will be extended care services coinsurance be answered until the 510(k) holder is considered in determining whether to amounts applicable for services directed to consider submitting a 510(k), amend the current draft guidance furnished in the following calendar document the decisionmaking, or notify document. year. the agency of the change being effected. Dated: October 2, 1995. II. Computing the Inpatient Hospital The last option occurs for the addition Deductible for 1996 of a contraindication and the necessary Joseph A. Levitt, documentation would constitute an Deputy Director for Regulations policy, Center Section 1813(b) of the Act prescribes administrative addition to the 510(k) for Devices and Radiological Health. the method for computing the amount of currently on file. [FR Doc. 95–25502 Filed 10–13–95; 8:45 am] the inpatient hospital deductible. The When contemplating changes to a BILLING CODE 4160±01±F inpatient hospital deductible is an device, manufacturers should use the amount equal to the inpatient hospital flowchart for each individual type of deductible for the preceding calendar proposed change, e.g., performance Health Care Financing Administration year, changed by our best estimate of the payment-weighted average of the specification change, material change, [OACT±049±N] etc. If any one of the changes results in applicable percentage increases (as a manufacturer’s decision to submit a RIN 0938±AH08 defined in section 1886(b)(3)(B) of the 510(k), then the 510(k) should be Act). This estimate is used for updating submitted and should incorporate all of Medicare Program; Inpatient Hospital the payment rates to hospitals for the intended changes, as well as a Deductible and Hospital and Extended discharges in the fiscal year that begins comparison to the originally cleared Care Services Coinsurance Amounts on October 1 of the same preceding device described by the 510(k) currently for 1996 calendar year and adjusted to reflect real on file with FDA. If a manufacturer’s case mix. The adjustment to reflect real AGENCY: Health Care Financing case mix is determined on the basis of consideration of all proposed changes Administration (HCFA), HHS. results in a decision merely to the most recent case mix data available. document the decisionmaking, it should ACTION: Notice. The amount determined under this formula is rounded to the nearest document the application of the model SUMMARY: This notice announces the multiple of $4 (or, if midway between along with the necessary records of the inpatient hospital deductible and the two multiples of $4, to the next higher validation of changes to the device. In hospital and extended care services multiple of $4). those circumstances where the proposed coinsurance amounts for services change is not addressed in the flowchart For fiscal year 1996, section furnished in calendar year 1996 under 1886(b)(3)(B)(i)(XI) of the Act provides or in a device-specific guidance Medicare’s hospital insurance program document, manufacturers are that the applicable percentage increase (Medicare Part A). The Medicare statute for hospitals in all areas is the market encouraged to contact the Office of specifies the formulae to be used to Device Evaluation in CDRH to find out basket percentage increase minus 2.0 determine these amounts. percent. Section 1886(b)(3)(B)(ii)(V) of whether other, specific guidance exists The inpatient hospital deductible will or if additional help is available. the Act provides that, for fiscal year be $736. The daily coinsurance amounts 1996, the otherwise applicable rate-of- IV. Significance of a Guidance will be: (a) $184 for the 61st through increase percentages (the market basket Guidances have generally been issued 90th days of hospitalization in a benefit percentage increase) for hospitals that under § 10.90(b) (21 CFR 10.90(b)), period; (b) $368 for lifetime reserve are excluded from the prospective which provides for the use of guidances days; and (c) $92 for the 21st through payment system are reduced by the to state procedures or standards of 100th days of extended care services in lesser of 1 percentage point or the general applicability that are not legal a skilled nursing facility in a benefit percentage point difference between 10 requirements, but that are acceptable to period. percent and the percentage by which the FDA. The agency is now in the process EFFECTIVE DATE: This notice is effective hospital’s allowable operating costs of of revising § 10.90(b). Therefore, the on January 1, 1996. inpatient hospital services for cost draft guidance is not being issued under FOR FURTHER INFORMATION CONTACT: John reporting periods beginning in fiscal the authority of current § 10.90(b), and Wandishin, (410) 786–6389. For case- year 1990 exceeds the hospital’s target it does not create or confer any rights, mix analysis only: Gregory J. Savord, amount. Hospitals or distinct part privileges, or benefits for or on any (410) 786–6384. hospital units with fiscal year 1990 53626 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices operating costs exceeding target determined by multiplying $716 (the analyses are required under Executive amounts by 10 percent or more receive inpatient hospital deductible for 1995) Order 12866, the Regulatory Flexibility the market basket index percentage. The by the payment rate increase of 1.0165 Act (5 U.S.C. 601 through 612), or market basket percentage increases for multiplied by the increase in real case section 1102(b) of the Act. fiscal year 1996 are 3.5 percent for mix of 1.01 which equals $735.09 and In accordance with the provisions of prospective payment system hospitals is rounded to $736. Executive Order 12866, this notice was and 3.4 percent for hospitals excluded reviewed by the Office of Management III. Computing the Inpatient Hospital from the prospective payment system, and Budget. and Extended Care Services as announced in the Federal Register on Coinsurance Amounts for 1996 Authority: Section 1813(b)(2) of the Social September 1, 1995 (60 FR 45778). Security Act (42 U.S.C. 1395e(b)(2)). The coinsurance amounts provided Therefore, the percentage increases for (Catalog of Federal Domestic Assistance Medicare prospective payment rates are for in section 1813 of the Act are Program No. 93.773, Medicare—Hospital 1.5 percent for all hospitals. The average defined as fixed percentages of the Insurance) payment percentage increase for inpatient hospital deductible for Dated: September 26, 1995. services furnished in the same calendar hospitals excluded from the prospective Bruce C. Vladeck, payment system is 2.84 percent. Thus, year. Thus, the increase in the deductible generates increases in the Administrator, Health Care Financing weighting these percentages in Administration. accordance with payment volume, our coinsurance amounts. For inpatient Dated: September 29, 1995. best estimate of the payment-weighted hospital and extended care services average of the increases in the payment furnished in 1996, in accordance with Donna E. Shalala, rates for fiscal year 1996 is 1.65 percent. the fixed percentages defined in the law, Secretary. To develop the adjustment for real the daily coinsurance for the 61st [FR Doc. 95–25518 Filed 10–13–95; 8:45 am] case mix, an average case mix was first through 90th days of hospitalization in BILLING CODE 4120±01±P calculated for each hospital that reflects a benefit period will be $184 (1⁄4 of the the relative costliness of that hospital’s inpatient hospital deductible); the daily [OACT±050±N] mix of cases compared to that of other coinsurance for lifetime reserve days hospitals. We then computed the will be $368 (1⁄2 of the inpatient hospital RIN 0938±AH07 increase in average case mix for deductible); and the daily coinsurance hospitals paid under the Medicare for the 21st through 100th days of Medicare Program; Monthly Actuarial prospective payment system in fiscal extended care services in a skilled Rates and Monthly Supplementary year 1995 compared to fiscal year 1994. nursing facility in a benefit period will Medical Insurance Premium Rate (Hospitals excluded from the be $92 (1⁄8 of the inpatient hospital Beginning January 1, 1996 prospective payment system were deductible). AGENCY: Health Care Financing excluded from this calculation since IV. Cost to Beneficiaries Administration (HCFA), HHS. their payments are based on reasonable ACTION: Notice. costs and are affected only by real We estimate that in 1996 there will be increases in case mix.) We used bills about 9.2 million deductibles paid at SUMMARY: As required by section 1839 from prospective payment hospitals $736 each, about 3.4 million days of the Social Security Act, this notice received in HCFA as of July 1995. These subject to coinsurance at $184 per day announces the monthly actuarial rates bills represent a total of about 8.0 (for hospital days 61 through 90), about for aged (age 65 or over) and disabled million discharges for fiscal year 1995 1.5 million lifetime reserve days subject (under age 65) enrollees in the Medicare and provide the most recent case mix to coinsurance at $368 per day, and Supplementary Medical Insurance (SMI) data available at this time. Based on about 21.9 million extended care days program for 1996. It also announces the these bills, the increase in average case subject to coinsurance at $92 per day. monthly SMI premium rate to be paid mix in fiscal year 1995 is 1.1 percent. Similarly, we estimate that in 1995 there by all enrollees during 1996. The Based on past experience, we expect will be about 8.9 million deductibles monthly actuarial rates for 1996 are overall case mix to increase to 1.4 paid at $716 each, about 3.3 million $84.90 for aged enrollees and $105.10 percent as the year progresses and more days subject to coinsurance at $179 per for disabled enrollees. The monthly SMI fiscal year 1995 data become available. day (for hospital days 61 through 90), premium rate for 1996 is $42.50. Section 1813 of the Act requires that about 1.5 million lifetime reserve days EFFECTIVE DATE: January 1, 1996. the inpatient hospital deductible be subject to coinsurance at $358 per day, FOR FURTHER INFORMATION CONTACT: increased only by that portion of the and about 21.2 million extended care case mix increase that is determined to days subject to coinsurance at $89.50 Carter S. Warfield, (410) 786–6396. be real. We estimate that the increase in per day. Therefore, the estimated total SUPPLEMENTARY INFORMATION: real case mix is about 1 percent. Since increase in cost to beneficiaries is about I. Background real case mix had been assumed to be $570 million (rounded to the nearest increasing at about 1 percent per year in $10 million), due to (1) the increase in The Medicare Supplementary Medical prior years, we expect a return to this the deductible and coinsurance amounts Insurance (SMI) program is the trend. and (2) the change in the number of voluntary Medicare Part B program that Thus, the estimate of the payment- deductibles and daily coinsurance pays all or part of the costs for weighted average of the applicable amounts paid. physicians’ services, outpatient hospital percentage increases used for updating services, home health services, services the payment rates is 1.65 percent, and V. Impact Statement furnished by rural health clinics, the real case mix adjustment factor for This notice merely announces ambulatory surgical centers, the deductible is 1 percent. Therefore, amounts required by legislation. This comprehensive outpatient rehabilitation under the statutory formula, the notice is not a proposed rule or a final facilities, and certain other medical and inpatient hospital deductible for rule issued after a proposal and does not health services not covered by hospital services furnished in calendar year 1996 alter any regulation or policy. Therefore, insurance (Medicare Part A). The SMI is $736. This deductible amount is we have determined, and certify, that no program is available to individuals who Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53627 are entitled to hospital insurance and to 4080 of the Omnibus Budget A further provision affecting the U.S. residents who have attained age 65 Reconciliation Act of 1987 (OBRA 1987) calculation of the SMI premium is and are citizens, or aliens who were (Public Law 100–203), enacted on section 1839(f) of the Act, as amended lawfully admitted for permanent December 22, 1987; and section 6301 of by section 211 of the Medicare residence and have resided in the the Omnibus Budget Reconciliation Act Catastrophic Coverage Act of 1988 United States for 5 consecutive years. of 1989 (OBRA 1989) (Public Law 101– (Public Law 100–360), enacted on July This program requires enrollment and 239), enacted on December 19, 1989, 1, 1988. (The Medicare Catastrophic payment of monthly premiums, as extended the provision that the Coverage Repeal Act of 1989 (Public provided in 42 CFR part 407, subpart B, premium be based on 50 percent of the Law 101–234), enacted on December 13, and part 408, respectively. The monthly actuarial rate for aged 1989, did not repeal the revisions to difference between the premiums paid enrollees. This extension expired at the section 1839(f) made by Public Law by all enrollees and total incurred costs end of 1990. 100–360.) Section 1839(f) provides that is met from the general revenues of the The premium rate for 1991 through if an individual is entitled to benefits Federal government. 1995 was legislated by section under section 202 or 223 of the Act (the The Secretary of Health and Human 1839(e)(1)(B) of the Act, as added by Old-Age and Survivors Insurance Services is required by section 1839 of section 4301 of the Omnibus Budget Benefit and the Disability Insurance the Social Security Act (the Act) to issue Reconciliation Act of 1990 (OBRA 1990) Benefit, respectively) and has the SMI two annual notices relating to the SMI (Public Law 101–508), enacted on premiums deducted from these benefit program. November 5, 1990. In January 1996, the payments, the premium increase will be One notice announces two amounts premium determination basis would reduced to avoid causing a decrease in that, according to actuarial estimates, have reverted to the method established the individual’s net monthly payment. will equal respectively, one-half the by the 1972 Social Security Act This occurs if the increase in the expected average monthly cost of SMI Amendments. However, section 13571 individual’s social security benefit due for each aged enrollee (age 65 or over) of the Omnibus Budget Reconciliation to the cost-of-living adjustment under and one-half the expected average Act of 1993 (OBRA 1993) (Public Law section 215(i) of the Act is less than the monthly cost of SMI for each disabled 103–66), enacted on August 10, 1993, increase in the premium. Specifically, enrollee (under age 65) during the year changed the premium basis to 50 the reduction in the premium amount beginning the following January. These percent of the monthly actuarial rate for applies if the individual is entitled to amounts are called ‘‘monthly actuarial aged enrollees for 1996 through 1998. In benefits under section 202 or 223 of the rates.’’ January 1999, the premium Act for November and December of a The second notice announces the determination basis will revert to the particular year and the individual’s SMI monthly SMI premium rate to be paid method established by the 1972 Social premiums for December and the by aged and disabled enrollees for the Security Act Amendments, except on a following January are deducted from the year beginning the following January. calendar year basis. respective month’s section 202 or 223 (Although the costs to the program per As determined according to section benefits. (A check for benefits under disabled enrollee are different than for 1839(a)(3) of the Act, the premium rate section 202 or 223 is received in the the aged, the law provides that they pay for 1996 is $42.50. This premium rate is month following the month for which the same premium amount.) Beginning $3.60 lower than the $46.10 premium the benefits are due. The SMI premium with the passage of section 203 of the rate for 1995. As stated above, the that is deducted from a particular check Social Security Amendments of 1972 premium rate for 1995 was legislated by is the SMI payment for the month in (Public Law 92–603), enacted on OBRA 1990. The legislated premium which the check is received. Therefore, October 30, 1972, the premium rate, rate for 1995 was determined to be 50 a benefit check for November is not which was determined on a fiscal year percent of the projected monthly received until December, but has the basis, was limited to the lesser of the actuarial rate for aged enrollees for 1995 December’s SMI premium deducted actuarial rate for aged enrollees, or the based on the projections at the time of from it.) (This change, in effect, current monthly premium rate increased enactment. In the intervening years perpetuates former amendments that by the same percentage as the most before the announcement of the 1995 prohibited SMI premium increases from recent general increase in monthly title actuarial rates, on December 1, 1994, the reducing an individual’s benefits in II social security benefits. growth of program costs had slowed years in which the dollar amount of the However, the passage of section 124 from the projections that were used to individual’s cost-of-living increase in of the Tax Equity and Fiscal establish the legislated rate for 1995. benefits was not at least as great as the Responsibility Act of 1982 (TEFRA) Consequently, the actuarial rate for aged dollar amount of the individual’s SMI (Public Law 97–248), enacted on enrollees for 1995 that was announced premium increase.) September 3, 1982, suspended this on December 1, 1994 was lower than the Generally, if a beneficiary qualifies for premium determination process. actuarial rate projected at the time of the this protection (that is, the beneficiary Section 124 of TEFRA changed the enactment of OBRA 1990. As a result, must have been in current payment premium basis to 50 percent of the the 1995 premium rate was actually 63.1 status for November and December of monthly actuarial rate for aged enrollees percent of the announced 1995 actuarial the previous year), the reduced (that is, 25 percent of program costs for rate for aged enrollees (that is, 31.5 premium for the individual for that aged enrollees). Section 606 of the percent of program costs for aged January and for each of the succeeding Social Security Amendments of 1983 enrollees). Although program costs are 11 months for which he or she is (Public Law 98–21), enacted on April projected to increase in 1996 over 1995, entitled to benefits under section 202 or 20, 1983; section 2302 of the Deficit the premium rate will be 50 percent of 223 of the Act is the greater of the Reduction Act of 1984 (DRA) (Public the 1996 actuarial rate for aged enrollees following: Law 98–369), enacted on July 18, 1984; instead of 63.1 percent as in 1995. It is (1) The monthly premium for January section 9313 of the Consolidated the fact that the premium rate will cover reduced as necessary to make the Omnibus Budget Reconciliation Act of a lower percentage of program costs in December monthly benefits, after the 1985 (COBRA 1985) (Public Law 99– 1996 that results in a lower premium deduction of the SMI premium for 272), enacted on April 7, 1986; section rate in spite of increasing program costs. January, at least equal to the preceding 53628 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
November’s monthly benefits, after the premium rate before any reductions basis; that is, the amount of income that deduction of the SMI premium for under section 1839(f) are made. would be sufficient to pay for services December; or furnished during that year (including II. Notice of Monthly Actuarial Rates associated administrative costs) even (2) The monthly premium for that and Monthly Premium Rate individual for that December. though payment for some of these The monthly actuarial rates services will not be made until after the In determining the premium applicable for 1996 are $84.90 for close of the year. The portion of income limitations under section 1839(f) of the enrollees age 65 and over, and $105.10 required to cover benefits not paid until Act, the monthly benefits to which an for disabled enrollees under age 65. after the close of the year is added to the individual is entitled under section 202 Section III of this notice gives the trust fund and used when needed. or 223 do not include retroactive actuarial assumptions and bases from The rates are established adjustments or payments and which these rates are derived. The prospectively and are, therefore, subject deductions on account of work. Also, monthly premium rate will be $42.50 to projection error. Additionally, once the monthly premium amount has during 1996. legislation enacted after the financing been established under section 1839(f) III. Statement of Actuarial Assumptions has been established but, effective for of the Act, it will not be changed during and Bases Employed in Determining the the period for which the financing has the year even if there are retroactive Monthly Actuarial Rates and the been set, may affect program costs. As adjustments or payments and Monthly Premium Rate for the a result, the income to the program may deductions on account of work that Supplementary Medical Insurance not equal incurred costs. Therefore, apply to the individual’s monthly Program Beginning January 1996 trust fund assets should be maintained benefits. at a level that is adequate to cover a Individuals who have enrolled in the A. Actuarial Status of the moderate degree of variation between SMI program late or have reenrolled Supplementary Medical Insurance Trust actual and projected costs in addition to after the termination of a coverage Fund the amount of incurred but unpaid period are subject to an increased Under the law, the starting point for expenses. Table 1 summarizes the premium under section 1839(b) of the determining the monthly premium is estimated actuarial status of the trust Act. That increase is a percentage of the the amount that would be necessary to fund as of the end of the financing premium and is based on the new finance the SMI program on an incurred period for 1994 and 1995.
TABLE 1.ÐESTIMATED ACTUARIAL STATUS OF THE SUPPLEMENTARY MEDICAL INSURANCE TRUST FUND AS OF THE END OF THE FINANCING PERIOD [In billions of dollars]
Assets less Financing period ending Assets Liabilities liabilities
Dec. 31, 1994 ...... $19.422 $4.049 $15.373 Dec. 31, 1995 ...... 18.531 4.876 13.655
B. Monthly Actuarial Rate for Enrollees 12-month period ending June 30, 1993 An appropriate level for assets Age 65 and Older were established from program data. depends on numerous factors. The most The monthly actuarial rate for Subsequent periods were projected important of these factors are: (1) The enrollees age 65 and older is one-half of using a combination of program data difference from prior years between the the monthly projected cost of benefits and data from external sources. The actual performance of the program and and administrative expenses for each projection factors used are shown in estimates made at the time financing enrollee age 65 and older, adjusted to Table 2. Those per-enrollee values are was established, and (2) the expected allow for interest earnings on assets in then adjusted to apply to a calendar year relationship between incurred and cash the trust fund and a contingency period. The projected values for expenditures. Ongoing analysis is made margin. The contingency margin is an financing periods from January 1, 1993, of the former as the trends in the amount appropriate to provide for a through December 31, 1996, are shown differences vary over time. in Table 3. moderate degree of variation between C. Monthly Actuarial Rate for Disabled actual and projected costs and to The projected monthly rate required Enrollees amortize any surplus or unfunded to pay for one-half of the total of liabilities. benefits and administrative costs for Disabled enrollees are those persons The monthly actuarial rate for enrollees age 65 and over for 1996 is enrolled in SMI because of entitlement enrollees age 65 and older for 1996 was $87.05. The monthly actuarial rate of (before age 65) to disability benefits for determined by projecting per-enrollee $84.90 provides an adjustment of more than 24 months or because of cost for the 12-month periods ending ¥$2.28 for interest earnings and $0.13 entitlement to Medicare under the end- June 30, 1996, and June 30, 1997, by for a contingency margin. Based on stage renal disease program. Projected type of service. Although the actuarial current estimates, it appears that the monthly costs for disabled enrollees rates are now applicable for calendar assets are sufficient to cover the amount (other than those suffering from end- years, projections of per-enrollee costs of incurred but unpaid expenses and to stage renal disease) are prepared in a were determined on a July to June provide for a moderate degree of fashion exactly parallel to the projection period, consistent with the July annual projection error. Thus, only a slight for the aged, using appropriate actuarial fee screen update used for benefits positive contingency margin is needed assumptions (see Table 2). Costs for the before the passage of section 2306(b) of to maintain assets at an appropriate end-stage renal disease program are Public Law 98–369. The values for the level. projected differently because of the Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53629 different nature of services offered by assumptions. The most unpredictable would result in an excess of assets over the program. The combined results for factors that contribute significantly to liabilities of $13.696 billion by the end all disabled enrollees are shown in future costs are outpatient hospital of December 1996. This amounts to 15.9 Table 4. costs, physician residual (as defined in percent of the estimated total incurred The projected monthly rate required Table 2), and increases in physician fees expenditures for the following year. to pay for one-half of the total of as governed by the program’s physician Assumptions that are somewhat more benefits and administrative costs for fee schedule that began implementation pessimistic (and, therefore, test the disabled enrollees for 1996 is $106.04. January 1, 1992. Two alternative sets of adequacy of the assets to accommodate The monthly actuarial rate of $105.10 assumptions and the results of those projection errors) produce a surplus of provides an adjustment of ¥$1.11 for assumptions are shown in Table 5. One $0.268 billion by the end of December interest earnings and $0.17 for a set represents increases that are lower 1996, which amounts to 0.3 percent of contingency margin. Based on current and is, therefore, more optimistic than the estimated total incurred estimates, it appears that assets are the current estimate. The other set expenditures for the following year. sufficient to cover the amount of represents increases that are higher and Under fairly optimistic assumptions, the incurred but unpaid expenses and to is, therefore, more pessimistic than the monthly actuarial rates would result in provide for a moderate degree of current version. The values for the a surplus of $26.240 billion by the end variation between actual and projected alternative assumptions were of December 1996, which amounts to costs. Thus, only a slight positive determined from a study on the average 33.7 percent of the estimated total contingency margin is needed to historical variation between actual and incurred expenditures for the following maintain assets at an appropriate level. projected increases in the respective year. D. Sensitivity Testing increase factors. All assumptions not E. Premium Rate Several factors contribute to shown in Table 5 are the same as in uncertainty about future trends in Table 2. As determined by section 1839(a)(3) medical care costs. In view of this, it is Table 5 indicates that, under the of the Act, the monthly premium rate appropriate to test the adequacy of the assumptions used in preparing this for 1996, for both aged and disabled rates announced here using alternative report, the monthly actuarial rates enrollees, is $42.50.
TABLE 2.ÐPROJECTION FACTORS1Ð12-MONTH PERIODS ENDING JUNE 30 OF 1993 THROUGH 1997 [In percent]
Physicians' services Outpatient Home health Group prac- Independent 12-month period ending June 30 hospital agency tice prepay- lab services Fees 2 Residual 3 services services 4 ment plans
Aged: 1993 ...... 0.5 0.4 12.4 63.8 16.1 2.8 1994 ...... 2.7 3.0 7.4 4.2 15.5 ¥0.4 1995 ...... 4.4 4.8 15.1 15.0 17.7 1.6 1996 ...... 2.2 6.8 8.1 15.0 33.7 6.6 1997 ...... ¥0.3 8.6 9.8 16.2 17.6 10.6 Disabled: 1993 ...... 0.5 4.1 16.2 0.0 14.8 11.4 1994 ...... 2.7 3.7 1.7 0.0 ¥14.0 9.5 1995 ...... 4.4 2.9 18.9 0.0 11.6 1.3 1996 ...... 2.2 4.7 15.4 0.0 43.2 4.0 1997 ...... ¥0.3 6.7 14.6 0.0 13.5 9.4 1 All values are per enrollee. 2 As recognized for payment under the program. 3 Increase in the number of services received per enrollee and greater relative use of more expensive services. 4 Since July 1, 1981, home health agency services have been almost exclusively provided by the Medicare hospital insurance (HI) program. However, for those SMI enrollees not entitled to HI, the coverage of these services is provided by the SMI program. Since all SMI disabled en- rollees are entitled to HI, their coverage of these services is provided by the HI program.
TABLE 3.ÐDERIVATION OF MONTHLY ACTUARIAL RATE FOR ENROLLEES AGE 65 AND OVERÐFINANCING PERIODS ENDING DECEMBER 31, 1993 THROUGH DECEMBER 31, 1996
Financing periods CY 1993 CY 1994 CY 1995 CY 1996
Covered services (at level recognized): Physicians' reasonable charges ...... $52.97 $57.04 $62.34 $67.74 Outpatient hospital and other institutions ...... 17.28 19.25 21.44 23.36 Home health agencies ...... 0.15 0.16 0.19 0.21 Group practice prepayment plans ...... 8.13 9.49 11.99 14.92 Independent lab ...... 2.43 2.38 2.43 2.64
Total services ...... 80.96 88.32 98.39 108.87
Cost-sharing: Deductible ...... ¥3.68 ¥3.70 ¥3.73 ¥3.75 53630 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
TABLE 3.ÐDERIVATION OF MONTHLY ACTUARIAL RATE FOR ENROLLEES AGE 65 AND OVERÐFINANCING PERIODS ENDING DECEMBER 31, 1993 THROUGH DECEMBER 31, 1996ÐContinued
Financing periods CY 1993 CY 1994 CY 1995 CY 1996
Coinsurance ...... ¥14.67 ¥16.13 ¥18.09 ¥20.12
Total benefits ...... 62.61 68.49 76.57 85.00 Administrative expenses ...... 1.91 1.95 1.99 2.05
Incurred expenditures ...... 64.52 70.44 78.56 87.05 Value of interest ...... ¥2.45 ¥2.49 ¥2.05 ¥2.28 Contingency margin for projection error and to amortize the surplus or deficit ...... 8.43 ¥6.15 ¥3.41 0.13
Monthly actuarial rate ...... 70.50 61.80 73.10 84.90
TABLE 4.ÐDERIVATION OF MONTHLY ACTUARIAL RATE FOR DISABLED ENROLLEESÐFINANCING PERIODS ENDING DECEMBER 31, 1993 THROUGH DECEMBER 31, 1996
Financing periods
CY 1993 CY 1994 CY 1995 CY 1996
Covered services (at level recognized): Physicians' reasonable charges ...... $61.64 $65.31 $69.84 $74.34 Outpatient hospital and other institutions ...... 40.38 42.66 46.89 51.47 Home health agencies ...... 0.00 0.00 0.00 0.00 Group practice prepayment plans ...... 1.92 1.88 2.41 3.03 Independent lab ...... 2.86 3.00 3.11 3.31
Total services ...... 106.80 112.85 122.25 132.15
Cost-sharing: Deductible ...... ¥3.47 ¥3.50 ¥3.53 ¥3.55 Coinsurance ...... ¥20.02 ¥21.19 ¥23.02 ¥24.95
Total benefits ...... 83.31 88.16 95.70 103.65 Administrative expenses ...... 2.68 2.42 2.40 2.39
Incurred expenditures ...... 85.99 90.58 98.10 106.04 Value of interest ...... ¥2.33 ¥1.62 ¥0.93 ¥2.05 Contingency margin for projection error and to amortize the surplus or deficit ...... ¥0.76 ¥12.86 8.63 1.11
Monthly actuarial rate ...... 82.90 76.10 105.80 105.10
TABLE 5.ÐACTUARIAL STATUS OF THE SUPPLEMENTARY MEDICAL INSURANCE TRUST FUNDÐUNDER THREE SETS OF ASSUMPTIONS FOR FINANCING PERIODS THROUGH DECEMBER 31, 1996
This projection Low cost projection High cost projection 12-Month period ending 12-Month period ending 12-Month period ending June 30, June 30, June 30, 1995 1996 1997 1995 1996 1997 1995 1996 1997
Projection factors (in percent): Physician fees: 1 Aged ...... 4.4 2.2 ¥0.3 4.2 1.0 ¥2.1 4.6 3.4 1.5 Disabled ...... 4.4 2.2 ¥0.3 4.2 1.0 ¥2.1 4.6 3.4 1.5 Utilization of physician services: 2 Aged ...... 4.8 6.8 8.6 3.0 4.6 6.1 6.7 9.0 11.0 Disabled ...... 2.9 4.7 6.7 0.0 1.8 3.6 5.8 7.7 9.8 Outpatient hospital services per enrollee: Aged ...... 15.1 8.1 9.8 10.7 3.5 4.9 19.5 12.7 14.8 Disabled ...... 18.9 15.4 14.6 13.6 9.9 9.0 24.3 21.0 20.3
As of December 31, As of December 31, As of December 31, 1994 1995 1996 1994 1995 1996 1994 1995 1996
Actuarial status (in billions): Assets ...... $19.422 $18.531 $19.327 $19.422 $22.020 $29.345 $19.422 $14.854 $8.499 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53631
As of December 31, As of December 31, As of December 31, 1994 1995 1996 1994 1995 1996 1994 1995 1996
Liabilities ...... 4.049 4.876 5.631 1.886 2.567 3.105 6.245 7.229 8.231
Assets less liabilities ...... 15.373 13.655 13.696 17.536 19.453 26.240 13.177 7.625 0.268
Ratio of assets less liabilities to expend- itures (in percent) 3 ...... 22.2 17.6 15.9 26.7 27.2 33.7 18.1 9.0 0.3 1 As recognized for payment under the program. 2 Increase in the number of services received per enrollee and greater relative use of more expensive services. 3 Ratio of assets less liabilities at the end of the year to total incurred expenditures during the following year, expressed as a percent.
IV. Cost to Beneficiaries $188. Section 1818(d) of the Social Section 1818A of the Act provides for The monthly SMI premium rate of Security Act specifies the method to be voluntary enrollment in Medicare Part $42.50 for all enrollees during 1996 is used to determine these amounts. A, subject to payment of a monthly 7.8 percent lower than the $46.10 EFFECTIVE DATE: This notice is effective premium, of certain disabled monthly premium amount for the on January 1, 1996. individuals who have exhausted other previous financing period. The FOR FURTHER INFORMATION CONTACT: John entitlement. These individuals are those estimated savings of this reduction from Wandishin, (410) 786–6389. not now entitled but who have been the current premium to the entitled under section 226(b) of the Act, SUPPLEMENTARY INFORMATION: approximately 36 million SMI enrollees continue to have the disabling will be about $1.565 billion for 1996. I. Background impairment upon which their entitlement was based, and whose In accordance with the provisions of Section 1818 of the Social Security entitlement ended solely because they Executive Order 12866, this notice was Act (the Act) provides for voluntary had earnings that exceeded the reviewed by the Office of Management enrollment in the Medicare hospital substantial gainful activity amount (as and Budget. insurance program (Medicare Part A), defined in section 223(d)(4) of the Act). (Section 1839 of the Social Security Act; 42 subject to payment of a monthly Section 1818A(d)(2) of the Act U.S.C. 1395r) premium, of certain persons who are age specifies that the premium determined (Catalog of Federal Domestic Assistance 65 and older, uninsured for social under section 1818(d)(2) of the Act for Program No. 93.774, Medicare— security or railroad retirement benefits, the aged will also apply to certain Supplementary Medical Insurance) and do not otherwise meet the disabled individuals as described above. Dated: September 15, 1995. requirements for entitlement to In addition, section 1818(d) of the Act Bruce C. Vladeck, Medicare Part A. (Persons insured under provides for a reduction in the monthly Administrator, Health Care Financing the Social Security or Railroad premium amount for certain voluntary Administration. Retirement Acts need not pay premiums enrollees. The reduction applies for for hospital insurance.) Dated: September 27, 1995. individuals who are not eligible for Section 1818(d) of the Act requires us social security or railroad retirement Donna E. Shalala, to estimate, on an average per capita Secretary. benefits but who: basis, the amount to be paid from the • Had at least 30 quarters of coverage [FR Doc. 95–25519 Filed 10–13–95; 8:45 am] Federal Hospital Insurance Trust Fund under title II of the Act; BILLING CODE 4120±01±P for services performed and for related • Were married and had been married administrative costs incurred in the for the previous 1-year period to an [OACT±051±N] following year with respect to individual who had at least 30 quarters individuals age 65 and over who will be of coverage; RIN 0938±AH06 entitled to benefits under Medicare Part • Had been married to an individual A. We must then, during September of for at least 1 year at the time of the Medicare Program; Part A Premium for each year, determine the monthly 1996 for the Uninsured Aged and for individual’s death and the individual actuarial rate (the per capita amount had at least 30 quarters of coverage; or Certain Disabled Individuals Who Have estimated above divided by 12) and • Exhausted Other Entitlement Are divorced from an individual publish the dollar amount to be who at the time of divorce had at least AGENCY: Health Care Financing applicable for the monthly premium in 30 quarters of coverage and the marriage Administration (HCFA), HHS. the succeeding year. If the premium is lasted at least 10 years. ACTION: Notice. not a multiple of $1, the premium is For calendar year 1996, section rounded to the nearest multiple of $1 1818(d)(4)(A) of the Act specifies that SUMMARY: This notice announces the (or, if it is a multiple of 50 cents but not the monthly premium that these hospital insurance premium for of $1, it is rounded to the next highest individuals will pay for calendar year calendar year 1996 under Medicare’s $1). The 1995 premium under this 1996 will be equal to the monthly hospital insurance program (Part A) for method was $261 and was effective premium for aged voluntary enrollees the uninsured aged and for certain January 1995. (See 59 FR 61626, reduced by 35 percent. disabled individuals who have December 1, 1994.) exhausted other entitlement. The Section 1818(d)(2) of the Act requires II. Premium Amount for 1996 monthly Medicare Part A premium for us to determine and publish, during Under the authority of sections the 12 months beginning January 1, September of each calendar year, the 1818(d)(2) and 1818A(d)(2) of the Act, 1996 for these individuals is $289. The amount of the monthly premium for the we have determined that the monthly reduced premium for certain other following calendar year for persons who Medicare Part A hospital insurance individuals as described in this notice is voluntarily enroll in Medicare Part A. premium for the uninsured aged and for 53632 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices certain disabled individuals who have IV. Costs to Beneficiaries The meeting is open to the public. exhausted other entitlement for the 12 The 1996 Medicare Part A premium is Agenda: The agenda includes a overview months beginning January 1, 1996 is about 11 percent higher than the $261 of Council general business activities and $289. monthly premium amount for the 12- priorities; the discussion of current and development of future National Advisory The monthly premium for those month period beginning January 1, Council on Migrant Health individuals entitled to a 35 percent 1995. Recommendations. A Public Hearing for reduction in the monthly premium for We estimate that there will be, in calendar year 1996, approximately Section 329 grantees and other organizations the 12-month period beginning January is scheduled for Friday, November 3, 3 p.m. 1, 1996 is $188. 304,000 enrollees who will voluntarily enroll in Medicare Part A by paying the to 6 p.m., and a Farmworker Public Hearing III. Statement of Actuarial Assumptions full premium and who do not otherwise is scheduled for Saturday, November 4, 8 a.m. to 12 p.m. at the above hotel. and Bases Employed in Determining the meet the requirements for entitlement. The Council is soliciting oral and written Monthly Premium Rate An additional 5,000 enrollees will be comments for testimony; specific to migrant/ paying the reduced premium. The As discussed in section I of this seasonal farmworker health and migrant estimated overall effect of the changes notice, the monthly Medicare Part A health program issues. premium for 1996 is equal to the in the premium will be a cost to these Anyone requiring information regarding estimated monthly actuarial rate for voluntary enrollees of about $100 the subject Council should contact Susan 1996 rounded to the nearest multiple of million. Hagler, Migrant Health Program, Staff $1. The monthly actuarial rate is V. Impact Statement Support to the National Advisory Council on defined to be one-twelfth of the average This notice merely announces Migrant Health, Bureau of Primary Care, Health Resources and Services per capita amount that the Secretary amounts required by statute. This notice Administration, 4350 East West Highway, estimates will be paid from the Federal is not a proposed rule or a final rule Room 7–A51, Rockville, Maryland 20857, Hospital Insurance Trust Fund for issued after a proposal, and it does not Telephone (301) 594–4302. services performed and related alter any regulation or policy. Therefore, administrative costs incurred in 1996 we have determined, and certify, that no * * * * * for individuals age 65 and over who will analyses are required under the Name: Maternal and Child Health Research be entitled to benefits under the hospital Regulatory Flexibility Act (5 U.S.C 601 Grants Review Committee insurance program. Thus, the number of through 612) or section 1102(b) of the Date and Time: November 6–8, 1995, 9 individuals age 65 and over who will be Act. a.m. entitled to hospital insurance benefits In accordance with the provisions of Place: Ramada Inn at Congressional Park, and the costs incurred on behalf of these Executive Order 12866, this notice was 1775 Rockville Pike, Rockville, Maryland beneficiaries must be projected to reviewed by the Office of Management 20852. determine the premium rate. and Budget. Open on November 6, 1995, 9 a.m.–10 a.m. The principal steps involved in Closed for remainder of meeting. Authority: Sections 1818(d)(2) and Agenda: The open portion of the meeting projecting the future costs of the 1818A(d)(2) of the Social Security Act (42 will cover opening remarks by the Director, hospital insurance program are (a) U.S.C. 1395i–2(d)(2) and 1395i–2a(d)(2)). Division of Science, Education and Analysis, establishing the present cost of services (Catalog of Federal Domestic Assistance Maternal and Child Health Bureau, who will furnished to beneficiaries, by type of Program No. 93.773, Medicare—Hospital service, to serve as a projection base; (b) Insurance) report on program issues, congressional activities and other topics of interest to the projecting increases in payment Dated: September 26, 1995. field of maternal and child health. The amounts for each of the various service Bruce C. Vladeck, meeting will be closed to the public on types; and (c) projecting increases in Administrator, Health Care Financing November 6 at 10 a.m. for the remainder of administrative costs. Establishing Administration. the meeting for the review of grant historical Medicare Part A enrollment Dated: September 29, 1995. applications. The closing is in accordance and projecting future enrollment, by Donna E. Shalala, with the provisions set forth in section type of beneficiary, is part of this Secretary. 552b(c)(6), Title 5 U.S.C., and the process. [FR Doc. 95–25520 Filed 10–13–95; 8:45 am] Determination by the Associate We have completed all of the above BILLING CODE 4120±01±P Administrator for Policy Coordination, steps, basing our projections for 1996 on Health Resources and Services (a) current historical data and (b) Administration, pursuant to Public Law 92– projection assumptions under current Health Resources and Services 463. law from the Midsession Review of the Administration Anyone requiring information regarding President’s Fiscal Year 1996 Budget. It the subject Council should contact Gontran is estimated that in calendar year 1996, Advisory Council; Notice of Meeting Lamberty, Dr.P.H., Executive Secretary, 32.496 million people age 65 and over Maternal and Child Health Research Grants In accordance with section 10(a)(2) of Review Committee, Room 18A–55, Parklawn will be entitled to Medicare Part A the Federal Advisory Committee Act benefits (without premium payment), Building, 5600 Fishers Lane, Rockville, (Public Law 92–463), announcement is Maryland 20857, Telephone (301) 443–2190. and that these individuals will, in 1996, made of the following National incur $112.688 billion of benefits for Agenda Items are subject to change as Advisory bodies scheduled to meet priorities dictate. services performed and related during the month of November 1995: administrative costs. Thus, the Dated: October 9, 1995. Name: National Advisory Council on estimated monthly average per capita Jackie E. Baum, amount is $288.98 and the monthly Migrant Health Date and Time: November 3–4, 1995, 8 Advisory Committee Management Officer, premium is $289. The monthly a.m. HRSA. premium for those individuals eligible Place: Westchester Marriott Hotel, 670 [FR Doc. 95–25500 Filed 10–13–95; 8:45 am] to pay this premium reduced by 35 White Plains Road, Tarrytown, New York, BILLING CODE 4160±15±P percent is $188. 914/631–2200. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53633
Public Health Service Develops and implements the Center’s DEPARTMENT OF HOUSING AND long-range, strategic, and operational URBAN DEVELOPMENT Food and Drug Administration plans. Office of the Assistant Secretary for Develops and applies evaluation Statement of Organization, Functions, Administration and Delegations of Authority techniques to measure the effectiveness of Center programs. Part H, Chapter HF (Food and Drug [Docket No. 3918±N±05] Administration) of the Statement of Provides general information and Privacy Act of 1974ÐNotice of Organization, Functions, and technical publication services to the Amended System of Records Delegations of Authority for the Center. Department of Health and Human Plans, conducts, and coordinates AGENCY: Office of the Assistant Services (35 FR 3685, February 25, Center committee management Secretary for Administration, HUD. 1970, and 56 FR 29484, June 27, 1991, activities. ACTION: Notice; Proposed amendment to as amended most recently in pertinent Determines and implements Center an existing system of records. part at 59 FR 17106, April 11, 1994), is strategy and utilization of information amended to reflect the following management resources. SUMMARY: Pursuant to the provisions of reorganization within the Center for the Privacy Act of 1974, as amended (5 Devices and Radiological Health Designs administrative, scientific, and U.S.C. 552a), the Assistant Secretary for (CDRH), Office of Operations, Food and technical information systems in Public and Indian Housing is amending Drug Administration (FDA). support of Center programs. the system of records titled, ‘‘Tenant The Center for Devices and Provides assistance to Center staff in Eligibility Verification Files’’—HUD/ Radiological Health is establishing a accessing information necessary to carry PIH–1, previously published at 60 FR new office to place all of the Center’s out the Center’s mission. 21545; May 2, 1995. The amended central management support functions 3. Prior Delegations of Authority. notice: (1) Describes the categories of within a single organization, Pending further delegations, directives, records in the system more specifically contributing to improved support to or orders by the Commissioner of Food and (2) adds a ‘‘Purpose’’ section to the CDRH’s line functions. A new Office of and Drugs, all delegations of authority system of records notice. Further, the Systems and Management is being revised system of records notice to positions of the affected organizations established. The current Office of contains some technical amendments: A in effect prior to this date shall continue Information Systems and the Office of more specific system location and more in effect in them or their successors. Management Services will be merged specific references to the Internal and their functions incorporated into Dated: September 1, 1995. Revenue Service and Social Security the new office. The goals of the new David A. Kessler, Administration system of records. The organizations are to accomplish a Commissioner of Food and Drugs. system of records notice below number of reinvention initiatives [FR Doc. 95–25501 Filed 10–13–95; 8:45 am] supersedes the May 2, 1995, system of including, streamlining, empowering, records notice. delayering and creating a more effective, BILLING CODE 4160±01±F This system of records contains customer service oriented organization. computer matching and tenant The new Office will also provide greater Substance Abuse and Mental Health eligibility verification records necessary flexibility to respond to changing Services Administration to support the identification of tenants priorities, a structure that is more who have been or may be obtaining responsive, and maintenance of an Center for Substance Abuse excessive rental housing assistance. The acceptable level of service while Prevention Conference Review system of records also supports referrals accommodating personnel losses. Committee Meeting in October of information concerning those tenants Under section HF–B, Organization: to entities that administer HUD rental 1. Delete subparagraphs Office of AGENCY: Substance Abuse and Mental assistance programs (i.e., housing Management Services (HFW11), and Health Services Administration agencies [which includes public Office of Information Systems (HFW15) (SAMHSA), HHS. housing agencies and Indian housing under paragraph Center for Devices and authorities], owners of subsidized Radiological Health (HFW), in their ACTION: Cancellation of meeting. multifamily projects, and management entirety. agents) and to law enforcement agencies 2. Insert the following new SUMMARY: Public notice was given in the for possible administrative or legal subparagraph under paragraph Office of Federal Register on October 5, 1995 actions, as appropriate. However, HUD Operations (HFA9), Center for Devices (Vol. 60, No. 193, page 52201) that the may not redisclose to entities that and Radiological Health (HFW) reading Center for Substance Abuse Prevention administer HUD programs information as follows: Conference Review Committee would be that HUD obtains from the Social Office of Systems and Management meeting on October 23–27 at the Security Administration (SSA) and the (HFW11). Advises the Center Director Residence Inn, Bethesda, Maryland. The Internal Revenue Service (IRS), regarding all administrative meeting has subsequently been pursuant to 26 U.S.C. 6103 management matters. cancelled. (1)(7)(d)(ix)—a section of the Internal Plans, develops, and implements Revenue Code added by section 13403 Dated: October 10, 1995. Center management policies and of the Omnibus Budget Reconciliation programs concerning financial and Jeri Lipov, Act of 1993, Pub. L. 103–66. human resource management, contracts Committee Management Officer, Substance The exemptions of HUD/PIH–1 from and grants management, conference Abuse and Mental Health Services certain provisions of the Privacy Act of management, occupational safety, Administration. 1994, described at 59 FR 9406; February organizational, and general office [FR Doc. 95–25540 Filed 10–13–95; 8:45 am] 28, 1994, continue to apply to HUD/ services support. BILLING CODE 4162±20±P PIH–1, as amended. 53634 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
EFFECTIVE DATE: This proposal shall records notice to clarify the intent of the programs to discontinue use of the become effective without further notice system of records. TPQY. in 30 calendar days (November 15, This amendment retains language in HUD will also use HUD/PIH–1 in 1995) unless comments are received the May 2, 1995, system of records reporting potential income disparities to during or before that date which would notice allowing HUD to: (a) Expand and tenants or the entities that administer result in a contrary determination. improve the effectiveness of HUD’s HUD’s assisted housing programs, as ADDRESSES: Interested persons are computer matching programs by permitted under law. A notice of the invited to submit comments regarding consolidating responsibilities HUD/SSA/IRS computer matching this notice to the Rules Docket Clerk, concerning assisted housing programs program concerning earned and Office of General Counsel, Room 10276, into one office; (b) implement unearned income, social security and Department of Housing and Urban provisions of Title 26 of the Internal supplemental security income is Development, 451 Seventh Street, SW., Revenue Code, section 6103(1)(7), that published at 60 FR 21548, May 2, 1995. Washington, DC 20410–0500. permit SSA and IRS disclosure to HUD A report of the Department’s intention Communications should refer to the of earned and unearned income to establish the system has been above docket number and title. information, respectively, for tenants submitted to the Office of Management Facsimile (FAX) comments are not who receive housing assistance from and Budget (OMB), the Senate acceptable. A copy of each HUD’s programs; (c) develop more Committee on Governmental Affairs, communication submitted will be efficient and effective methods for and the House Committee on available for public inspection and verifying social security and Government Reform and Oversight copying between 7:30 a.m. and 5:30 supplemental security income pursuant to paragraph 4c of Appendix I p.m. weekdays at the above address. information used in determining to OMB Circular No. A–130, ‘‘Federal tenants’ eligibility for, and amount of, FOR FURTHER INFORMATION CONTACT: Agency Responsibilities for Maintaining housing assistance; and (d) permit Jeanette Smith, Departmental Privacy Record About Individuals,’’ July 25, computer matching of records obtained Act Officer, Telephone Number (202) 1994; 59 FR 37914. from other Federal agencies with tenant 708–2374, concerning Privacy Act Issued at Washington, DC. October 10, income date, the outcome of which may matters. David L. Decker, Director, 1995. affect determinations of eligibility for, or Computer Matching Activities, Office of Donald C. Demitros, the amount of, HUD or other Federal the Public and Indian Housing Acting Deputy Assistant Secretary for for benefits that tenants receive. Management. Comptroller, Telephone Number (202) Regarding item (c) above, entities that 708–0099, concerning computer administer HUD’s assisted housing HUD/PIH±1 matching matters. (These are not toll programs currently request from the free numbers.) SSA social security and supplemental SYSTEM NAME: SUPPLEMENTARY INFORMATION: Privacy security income information needed to Tenant Eligibility Verification Files. Act Officers for the Office of Personnel determine tenants; eligibility for and SYSTEM LOCATION: Management (OPM) and the Department level of benefits by submitting a mark U.S. Department of Housing and of Defense (DoD) have advised HUD that sense card to the SSA. Then the SAA Urban Development, 451 7th Street, the categories of records section of the processes the card and mails the income S.W., Washington, DC 20410. May 2, 1995, notice require clarification information to the entity administering concerning OPM and DoD records. HUD-assisted housing programs. The * * * * * Reading the May 2, 1995, system of SSA has advised HUD of plans to CATEGORIES OF RECORDS IN THE SYSTEM: records notice literally, one may terminate obsolete mark sense card * * * * * conclude that HUD/PIH–1 includes two operation and requested that HUD work OPM systems of records (OPM/GOVT– with SSA have concluded that computer CATEGORIES OF INDIVIDUALS COVERED BY THE 1 and OPM/Central–1), and a DoD matching provides a more efficient and SYSTEM: system of records (S322.10.DMDC). more effective technique for providing Tenants receiving housing assistance HUD intended that HUD/PIH–1 include social security and supplemental provided by programs administered by selected information from the OPM and security information to entities that the Department of Housing and Urban DoD system of records obtained administer HUD’s assisted housing Development, or information pursuant to their routine uses programs that the mark sense card concerning those tenants obtained from concerning computer matching. HUD operations. HUD plans to use HUD/PIH– other Federal or state agencies, housing did not intend that OPM/GOVT–1, 1 records in identifying tenants who agencies, owners, and management OPM/Central–1 and S322.10.DMDC have underreported social security and agents. become categories of records in the supplemental security information. HUD/PIH–1 system of records. A similar Entities that administer HUD’s CATEGORIES OF RECORDS IN THE SYSTEM: problem existed, to a lesser degree, assisted housing programs may continue Records consist of: (1) Automated regarding other categories or records to use the mark sense card processing tenant data obtained from HUD/H–11, cited in the system of records notice. operation, known as the Third Party Tenant Housing Assistance and Contract HUD is amending record categories Query System (TPQY), until further Verification Data, published at 59 FR (7) and (8), for OPM and DoD-provided notice. HUD plans to initiate testing of 6035; February 9, 1994, (two HUD information, to be more specific, i.e., computer matching to verify social automated systems—the Multifamily that the records included in HUD/PIH– security and supplemental income Tenant Certification System and the 1 include only records obtained through information during Fiscal Year 1996. Tenant Rental Assistance Certification computer matching. Similarly, HUD is When HUD has demonstrated success in System—are the primary components of amending the description of record the computer matching process and is HUD/H–11); (2) automated tenant data categories (3), (4), (5), (6) and (9) ready for large-scale implementation of provided by housing agencies, owners concerning information obtained from the matching, HUD will, in coordination or management agents (generally these other sources. Further, HUD added a with SSA, inform entities that records are available in HUD/H–11); (3) ‘‘Purposes’’ section to the system of administer HUD assisted housing information obtained from computer Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53635 matching with automated earned the Secretary of the Treasury, SSA and matching with Federal and State income data that the SSA provides IRS earned and unearned income agencies to aid in the identification of under 26 U.S.C. 6103(1)(7)(A) from the information, respectively, needed to tenants who have received excessive Earnings Recording and Self- verify the incomes of tenants who rental housing assistance. Employment Income System (HHS/ receive housing assistance. Section 2. Records that HUD obtains from the SSA/OSR, 09–60–0059) (Earnings 6103(l)(7)(D) precludes HUD from SSA and the IRS under the authority of Record) and Master Beneficiary Record redisclosing that information to entities 26 U.S.C. 6103(l)(7), may be disclosed (HHS/SSA/OSR, 09–60–0090); (4) that administer HUD programs (i.e., only to the tenant/taxpayer, to HUD information obtained from computer housing agencies, owners and employees responsible for investigating matching with automated unearned management agents). However, the or prosecuting such violation or income data that the IRS provides to Stewart B. McKinney Homeless enforcing or implementing a statute, HUD under 26 U.S.C. 6103(1)(7)(B) from Assistance Amendments Act of 1988, 42 rule or regulation, or as otherwise Treasury/IRS 22.061, Wage and U.S.C. 3544, as amended, allows HUD to permitted under 26 U.S.C. 6103. Information Returns Processing (IRP) notify those entities that disparities 3. Records that indicate a potential File Treasury/IFS; (5) information exist between the tenant-reported violation of law, whether criminal, civil obtained from computer matching with incomes and income obtained from or regulatory in nature, except for automated Title II (social security) and independent income sources, i.e., the records obtained from the SSA and the Title XVI (supplemental security SSA or the IRS. IRS under 26 U.S.C. 6103(l)(7), may be income) data that the SSA provides to Section 165 of the Housing and disclosed to the appropriate Federal, HUD under a routine use from the Community Development Act of 1987, state or local agency charged with the Supplemental Security Income Record, Pub. L. 100–242, authorizes HUD to responsibility for investigating or HHS/SSA/OSR 90–60–0103; (6) require applicants and participants in prosecuting such violation or enforcing information obtained from computer HUD-administered programs involving or implementing a statute, rule or matching with wage and unemployment housing assistance to disclose to HUD regulation. compensation data from State wage their social security numbers as a 4. Records, except for those obtained information collection agencies; (7) condition of initial or continuing from the SSA or IRS under the authority information obtained from computer eligibility for participation. Subpart T of of 26 U.S.C. 6103(l)(7), may be disclosed matching with automated data from the 24 CFR part 200 applies this to a congressional office in response to Office of Personnel Management’s requirement to members of households an inquiry from that congressional office General Personnel Records (OMP/ six (6) years of age and older. made at the request of the individual GOVT–1), and the Civil Service Applicable laws concerning HUD’s who is the subject of the records. 5. Records, with the exception of Retirement and Insurance Records assisted housing programs include: the those obtained pursuant to 26 U.S.C. System (OPM/Central–1) pursuant to a United States Housing Act of 1937, 42 6103(l)(7), may be disclosed to housing routine use; (8) information obtained U.S.C. 1437 note; and section 101 of the agencies, owners and management from computer matching with Housing and Urban Development Act of agents in order to assist them in automated data from the Department of 1965, 12 U.S.C. 1701s. Defense’s Defense Manpower Data determining tenants’ eligibility for Center Data Base (S322.10DMDC) PURPOSES: housing assistance, and the amount of pursuant to a routine use; (9) The primary purposes of HUD/PIH–1 that assistance and to facilitate recovery information obtained from computer are to aid HUD and entities that of money or property or other matching with automated records from administer HUD’s assisted housing administrative actions, i.e., eviction, the SSA’s Master Files of Social programs in: (a) Increasing the necessary to promote the integrity of Security Number Holder, known as the availability of housing assistance to programs. Enumeration Verification System (HHS/ individuals who meet the requirements 6. Records, except for those obtained SSA/OSR, 09–60–0058) pursuant to a of Federal housing assistance programs, from the SSA and the IRS under 26 routine use; (10) applications for (b) detecting abuses in assisted housing U.S.C. 6103(l)(7), may be disclosed housing assistance and other related programs, (c) taking administrative or during the course of an administrative documentation obtained from tenant legal actions to resolve past abuses of proceeding where HUD or a housing case files maintained by housing assisted housing programs and (d) agency, owner or management agent is agencies, owners, and management; (11) deterring abuses. HUD/PIH–1 serves as a party to the litigation and disclosure data received from employers a repository for automated information is relevant and reasonably necessary to confirming income or deductions used in and resulting from computer adjudicate the matter. supporting determinations of eligibility matching tenant data for recipients of 7. Records, except for those obtained for, and the amount of, housing Federal rental assistance to other data from the SSA and the IRS under 26 assistance benefits; (12) automated sources; HUD/PIH also contains non- U.S.C. 6103(l)(7), may be disclosed to a records provided by other Federal automated information used in and Federal agency, in response to its agencies under the investigative resulting from verifying computer request, in connection with the hiring or exclusion of the Computer Matching matching results and in accomplishing retention of an employee, the issuance and Privacy Protection Act of 1988; and the purposes previously cited. Records of a security clearance, the reporting of (13) automated records provided by in this new system are subject to use in an investigation of an employee, the housing agencies, owners and authorized and approved computer letting of a contract, or the issuance of management agents regarding actions matching programs regulated under the a license, grant or other benefit by the taken on computer matching results. Privacy Act of 1974, as amended. requesting agency, to the extent that the record is relevant and necessary to the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE requesting agency’s decision on the Subparagraph (D) of section 6103(l)(7) SYSTEM, INCLUDING CATEGORIES OF USERS AND matter. of the Internal Revenue Code, 26 U.S.C. PURPOSES OF SUCH USES: 8. Records, except for those obtained 6103(l)(7)(D), permits HUD to request 1. Records included in the system from the SSA and the IRS under 26 from the Commissioner of the SSA and may be used in conducting computer U.S.C. 6103(l)(7), may be disclosed to a 53636 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Federal agency to initiate Federal salary served the matching program’s purpose. housing agencies, the Assistant or annuity offsets as necessary to collect All other records will be destroyed as Secretary for Housing-Federal Housing excessive housing assistance received soon as possible within 1 year. Paper Commissioner (tenant information by the tenant. listings containing personal identifiers provided by owners and management 9. Records, except for those obtained will be shredded. Computer source files agents), state wage information from the SSA and the IRS under 26 provided by other organizations will be collection agencies, other Federal and U.S.C. 6103(l)(7), concerning an returned to those organizations or state agencies, law enforcement individual’s receipt of excessive destroyed in accordance with computer agencies, program participants, housing assistance, including the matching agreements. complainants, and other individual’s actions to repay the same, Information obtained through nongovernmental sources. may be disclosed to the Federal agency computer matching and tenant case file reviews will be destroyed as soon as EXEMPTIONS FROM CERTAIN PROVISIONS OF THE that employs such individual, for the ACT: purpose of notifying the employer of follow-up processing of this information To the extent that information in this potential violation of the Standards of is completed, unless the information is system of records falls within the Ethical Conduct for Employees of the required for evidentiary reasons or coverage of subsection (k)(2) of the Executive Branch. needed by housing agencies, owners Privacy Act, 5 U.S.C. 552(k)(2), the 10. Records may be used to provide and management agents for use in system is exempt from the requirements statistical information to Congress and program eligibility determinations. of subsections (c)(3), (d)(1), (d) (2), and the Office of Management and Budget When needed for evidentiary (e)(1) of the Privacy Act. To the extent for use in evaluating the effectiveness of documentation, the information will be that information in this system of computer matching, income verification referred to the HUD Office of Inspector records falls within the coverage of and related administrative or legal General (OIG) or other appropriate subsection (k)(5) of the Privacy Act, 5 actions taken. Federal, state or local agencies charged with the responsibility for investigating U.S.C. 552a(k)(5), the system is exempt POLICIES AND PRACTICES FOR STORING, or prosecuting such violations. When from the requirements of subsection RETRIEVING, ACCESSING, RETAINING AND referred to the HUD OIG, the (d)(1) of the Privacy Act. See 24 CFR DISPOSING OF RECORDS IN THE SYSTEM: information then becomes a part of the 16.15 (c) and (d). STORAGE: Investigative Files of the Office of [FR Doc. 95–25589 Filed 10–13–95; 8:45 am] Records are stored manually in tenant Inspector General, HUD/OIG–1. BILLING CODE 4210±01±M case files and electronically in office SYSTEM MANAGER AND ADDRESS: automation equipment. Records, except Director, Computer Matching for those obtained from the SSA and the DEPARTMENT OF THE INTERIOR IRS under 26 U.S.C. 6103(1)(7) (A) and Activities, Office of the Public and (B), may also be stored on mainframe Indian Housing Comptroller, U.S. Bureau of Land Management computer facilities. Department of Housing and Urban Development, 451 Seventh Street, SW., [CA±066±96±1300±00; CACA±20139 and CACA±22901] RETRIEVABILITY: Room 5156, Washington, DC 20410. Records may be retrieved by manual NOTIFICATION AND RECORD ACCESS Proposed Sand and Gravel Mining or computer search of indices by the PROCEDURES: Operation in Soledad Canyon, Los name, social security number, housing Individuals seeking to determine Angeles County, CA agency, owner or management agent. whether this system of records contains AGENCY: Bureau of Land Management, SAFEGUARDS: information about themselves, or Department of the Interior, Palm Records are maintained in locked file seeking access to such records, should Springs—South Coast Resource Area, cabinets or in metal file cabinets in address inquiries to the Director, Desert District, California. Computer Matching Activities, Office of secured rooms or premises with access ACTION: Notice of intent to prepare an the Public and Indian Housing limited to those persons whose official environmental impact statement. duties require access. Computer files Comptroller, U.S. Department of and printed listings are maintained in Housing and Urban Development, 451 SUMMARY: In compliance with the licked cabinets. Computer terminals are Seventh Street, SW., Room 5156, National Environmental Policy Act secured in controlled areas which are Washington, DC 20410. (NEPA) of 1969 and 40 CFR 1508.22, locked when unoccupied. Access to Written requests should contain the notice is hereby given that the Bureau automated records is limited to full name, Social Security Number, date of Land Management (BLM) will authorized personnel who must use a of birth, current address and telephone prepare an Environmental Impact password system to gain access. HUD number of the individual. Statement (EIS) for the Transit Mixed For personal visits, the individual will safeguard the SSA and the IRS Concrete (TMC) Surface Mining Project must be able to provide some acceptable records obtained pursuant to 26 U.S.C. (Project) proposed for construction and identification, such as a driver’s license 6103(l)(7) (A) and (B) in accordance operation in Soledad Canyon, Los or other identification card. with 26 U.S.C. 6103(p)(4) and the IRS’s Angeles County, California. TMC ‘‘Tax Information Security Guidelines CONTESTING RECORD PROCEDURES: acquired the rights to develop the for Federal, State and Local Agencies,’’ The procedures for amendment or Project through a competitive bid Publication 1075. correction of records, and for appealing process. The BLM granted the mineral initial agency determinations, appear in material contract to TMC in March RETENTION AND DISPOSAL: 24 CFR part 16. 1990. The BLM complied with NEPA for Only those computer files and the sale of sand and gravel for the printouts created from the computer RECORD SOURCE CATEGORIES: Project site by preparing an matching that meet predetermined The Assistant Secretary for Public and Environmental Assessment (EA) and criteria are maintained. These records Indian Housing collects information issuing a Finding of No Significant will be destroyed as soon as they have from a variety of sources, including: Impact (FONSI) in 1989. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53637
The Project plans to mine a total of 83 Dougan, Area Manager, Bureau of Land Seward Meridian, Alaska million tons of materials and sell Management, Palm Springs—South T. 17 N., R. 2 E., approximately 56 million tons of sand Coast Resource Area Office, P.O. Box Lot 22, Section 26. and gravel, also known as Portland 2000, North Palm Springs, California Containing 0.94 acre. cement concrete sand and gravel (PCC 92258–2000. Parcel Four: A portion of Lot 2, U.S. aggregates), over a 20-year period to FOR ADDITIONAL INFORMATION CONTACT: Survey 2625, now occupied by Jack and fulfill contracts entered into with the Ms. Patty Cook, BLM, Palm Springs— Nadine Smith, at Medfra, Alaska, lying BLM. The Project includes plans to South Coast Resource Area, P.O. Box within: operate a concrete batch plant to 2000, North Palm Springs, CA 92258– produce and deliver ready-mixed 2000, telephone 619–251–4853. Kateel River Meridian, Alaska concrete to the local market. All Dated: October 4, 1995. T. 27 S., R. 22 E., Sec. 32. proposed mining and operations will be Joan Oxendine, located north of Soledad Canyon Road Containing approximately 45 acres. Acting Area Manager. and the Santa Clara River. The 500-acre [FR Doc. 95–25483 Filed 10–13–95; 8:45 am] Parcel Five: One (1) acre of land now site represents one of the westernmost occupied by John and Natalie Stone, BILLING CODE 4310±40±P reserves for PCC aggregate production in described by metes and bounds as the Saugus-Newhall Production- follows: Consumption Region that is located [AK±040±1430±00; AA±76879, AA±76936, Beginning at the witness point located on outside the floodplain of the Santa Clara AA±77643, AA±77776] line 4–1 of U.S. Survey No. 10551, Alaska, River or a tributary wash. in Sec. 32, T. 27 S., R. 22 E., Kateel River The general mining plan is to mine on Notice of Intent To Prepare a Meridian, Alaska; the south side of the ridge through a Management Framework Plan Thence southwesterly approximately 132 feet series of four excavation cuts. Each cut Amendment/Environmental on line 4–1 to establish Corner No. 1, the will progress from a higher elevation Assessment (MFP/EA); Alaska true point of beginning; and proceed downslope. Fill areas for Thence continuing southwesterly along line ACTION: Notice of Intent to prepare an 4–1 approximately 198 feet to Corner No. excess natural fines will be established amendment to Southcentral Planning 2; on both the south and north sides of the Area Management Framework Plan Thence southeasterly approximately 220 feet ridge. Reclamation will be concurrent (MFP) to analyze a proposal adding to Corner No. 3; with mining operations and measures lands to those designated in the MFP as Thence northeasterly 198 feet to Corner No. have been incorporated into Project ‘‘AREAS IN WHICH APPLICATIONS 4; design to minimize erosion, provide Thence northwesterly 220 feet to Corner No. FOR FLPMA LEASES AND SALES 1, and the true point of beginning. watershed control, and protect water WILL BE ACCEPTED.’’ The plan quality in the Santa Clara River. A full amendment would be called ‘‘Victory The intent of this description is to range of alternatives to the proposed Bible Camp Amendment to the encompass the applicant’s action will be considered in the EIS. Southcentral MFP’’. improvements and not encumber more SUPPLEMENTARY INFORMATION: The than one (1) acre. Project site is on ‘‘split-estate’’ lands SUMMARY: The Anchorage District Office Parcel Six: A parcel of land in the where the minerals are federally owned (ADO), Bureau of Land Management vicinity of Clam Gulch, described by and administered by the BLM, and (BLM) proposes an amendment to metes and bounds as follows: Southcentral Planning Area MFP dated where the surface is privately owned. Beginning at 1⁄4 corner (GLO Monument) of Because the Project is located in the March 3, 1983, which would allow ADO Sections 21 and 22, T. 2 N., R. 12 W., County of Los Angeles (County), it is to classify approximately 129 acres as Seward Meridian, Alaska, Corner No. 1 the also subject to approval of a Surface available for sale under the Federal true point of beginning; Mining Permit through preparation of Land Policy Management Act (FLPMA). Thence westerly approximately 659.70 feet to Affected lands are described as Corner No. 2; an Environmental Impact Report (EIR) Thence northerly approximately 66 feet to in accordance with the California follows: Parcel One: Land now under Airport Corner No. 3; Environmental Quality Act (CEQA). The Lease A–053435, at Victory Bible Camp, Thence easterly approximately 659.70 feet to County has been the Lead Agency for near Mile 95 of the Glenn Highway, Corner No. 4; Thence southerly approximately 66 feet to preparation of an EIR that has been further described as lying within: prepared as a document separate from Corner No. 1, and the true point of the EIS. Seward Meridian, Alaska beginning; containing approximately 1 Public participation is an integral part T. 20 N., R. 8 E., acre. of the review process. Comments are Secs. 23 and 26. The issue to be addressed in the being requested to help identify Containing approximately 80 acres. Amendment/EA is: should these lands significant issues or concerns related to Parcel Two: Land adjacent to the be classified for disposal and offered for the proposed action to determine the United Methodist Church, at Chugiak, direct sale to proponents. scope of the issues (including Alaska, further described as: The Southcentral Planning Area MFP alternatives) that need to be analyzed, has been reviewed and found to be and to identify and eliminate from Seward Meridian, Alaska inadequate to support disposal of the detailed study the issues that are not T. 15 N., R. 1 W., affected parcels, even though it did significant. All comments Lot 53, Section 19. recommend opening other lands in the recommending that the EIS address Containing 1.42 acres. southcentral area to various types of specific environmental issues should Parcel Three: Land now under Lease settlement entry and sale. contain supporting documentation and AA–55607 for a parking lot adjacent to DATES: Interested parties may submit rationale. the Pioneer Peak Baptist Church along comments regarding this plan DATES: Written comments must be the old Glenn Highway near Bodenburg amendment until November 30, 1995. submitted no later than November 15, Butte, at Palmer, Alaska, further ADDRESSES: Comments should be sent to 1995, to the following address: Ms. Julia described as: District Manager, Anchorage District 53638 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Office, 6881 Abbott Loop Road, Revested Oregon and California Railroad Sec. 2, N1⁄2NE1⁄4SE1⁄4SE1⁄4. Anchorage, Alaska 99507–2599. Grant Land County—Los Angeles. FOR FURTHER INFORMATION CONTACT: T. 41 S., R. 2 E., Minerals Reservation—All coal and other 1 1 1 1 1 1 Robert P. Rinehart, BLM, Anchorage Sec. 8, N ⁄2N ⁄2NW ⁄4NE ⁄4 and N ⁄2NW ⁄4. minerals. District Office, 6881 Abbott Loop Road, The area described contains 220.77 acres in Jackson County. Upon publication of this Notice of Anchorage, Alaska 99507–2599, (907) Segregation in the Federal Register as 267–1272, or (800) 478–1263. The land is included in the multiple provided in 43 CFR 2720.1–1(b), the use withdrawal made by Public Land SUPPLEMENTARY INFORMATION: After the mineral interests owned by the United Order No. 5490, as modified by Public comment period on this Notice of States in the private lands covered by Land Order No. 7043, and will not be Intent, the BLM will prepare a MFP the application shall be segregated to opened to the agricultural land laws. the extent that they will not be subject Amendment/EA and Record of At 8:30 a.m. on November 20, 1995, Decision. A Notice of Availability/ to appropriation under the mining and the above described land will be opened mineral leasing laws. The segregative Notice of Realty action (NOA/NORA) to the operation of the public land laws will announce the availability of the effect of the application shall terminate generally, except to the agricultural land by publication of an opening order in Plan Amendment/EA and Record of laws, subject to valid existing rights, the Decision in a subsequent publication. the Federal Register specifying the date provisions of existing withdrawals, and and time of opening; upon issuance of Dated: October 3, 1995. the requirements of applicable law. All a patent or other document of Nicholas Douglas, valid existing applications received at or conveyance to such mineral interest; or prior to 8:30 a.m., on November 20, District Manager. two years from the date of publication 1995, will be considered as [FR Doc. 95–25547 Filed 10–13–95; 8:45 am] of this notice, whichever occurs first. simultaneously filed at that time. Those BILLING CODE 4310±JA±P received thereafter will be considered in Dated: October 4, 1995. the order of filing. David McIlnay, Chief, Branch of Lands. [OR±958±1430±01; GP6±004; OR±47205] Dated: October 5, 1995. Robert D. DeViney, Jr., [FR Doc. 95–25485 Filed 10–13–95; 8:45 am] Conveyance of Public Land; Order Chief, Branch of Realty and Records Services. BILLING CODE 4310±40±P Providing for Opening of Land; Oregon [FR Doc. 95–25496 Filed 10–13–95; 8:45 am] BILLING CODE 4310±33±P [CA±930±5410±00±B062; CACA 34658] AGENCY: Bureau of Land Management, Interior. Conveyance of Mineral Interests in [CA±930±5410±00±B070; CACA 35383] ACTION: Notice. California Conveyance of Mineral Interests in SUMMARY: This action informs the public AGENCY: Bureau of Land Management, California of the conveyance of 280 acres of public Interior. lands out of Federal ownership. This AGENCY: Bureau of Land Management, ACTION: Notice of segregation. action will also open 220.77 acres of Interior. SUMMARY: The private land described in reconveyed land to surface entry, except ACTION: Notice of segregation. the agricultural land laws. The mineral this notice, aggregating 80.00 acres, is estate is not in Federal ownership. SUMMARY: The private land described in segregated and made unavailable for this notice, aggregating 5.00 acres, is filings under the general mining laws EFFECTIVE DATE: November 20, 1995. segregated and made unavailable for and the mineral leasing laws to FOR FURTHER INFORMATION CONTACT: filings under the general mining laws determine its suitability for conveyance Pamela J. Chappel, BLM Oregon/ and the mineral leasing laws to of the reserved mineral interest Washington State Office, P.O. Box 2965, determine its suitability for conveyance pursuant to section 209 of the Federal Portland, Oregon 97208, 503–952–6170. of the reserved mineral interest Land Policy and Management Act of SUPPLEMENTARY INFORMATION: Notice is pursuant to section 209 of the Federal October 21, 1976. hereby given that in an exchange of Land Policy and Management Act of The mineral interests will be lands made under the authority of October 21, 1976. conveyed in whole or in part upon Section 206 of the Federal Land Policy The mineral interests will be favorable mineral examination. and Management Act of 1976, 43 U.S.C. conveyed in whole or in part upon The purpose is to allow consolidation 1716, as amended, a patent and two quit favorable mineral examination. of surface and subsurface of minerals claim deeds have been issued The purpose is to allow consolidation ownership where there are no known transferring 280 acres in Jackson of surface and subsurface of minerals mineral values or in those instances County, Oregon from Federal to private ownership where there are no known where the reservation interferes with or ownership. mineral values or in those instances precludes appropriate nonmineral where the reservation interferes with or In the exchange, the following development and such development is a precludes appropriate nonmineral described land has been reconveyed to more beneficial use of the land than the development and such development is a the United States: mineral development. more beneficial use of the land than the FOR FURTHER INFORMATION CONTACT: Willamette Meridian mineral development. Marcia Sieckman, California State T. 41 S., R. 2 E., FOR FURTHER INFORMATION CONTACT: Office, Federal Office Building, 2800 Sec. 8, that portion of the W1⁄2NE1⁄4, Marcia Sieckman, California State Cottage Way, Room E–2845, 1 1 1 1 S ⁄2NW ⁄4, N ⁄2SW ⁄4, lying westerly of Office, Federal Office Building, 2800 Sacramento, California 95825, (916) Interstate 5 and, excepting lands now Cottage Way, Room E–2845, 979–2858. Serial No. CACA 33365. owned by the State of Oregon, 2 as more Sacramento, California 95825, (916) particularly identified and described in T. 29 N., R. 15 E., Mount Diablo Meridian 979–2858. Serial No. CACA 35383. the official records of the Bureau of Land Sec. 7, SE1⁄4NE1⁄4; Management, Oregon State Office. T. 5N., R. 10 W., San Bernardino Meridian Sec. 8, SW1⁄4NW1⁄4. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53639
County—Lassen. 2. All minerals shall be reserved to Dated: October 2, 1995. Minerals Reservation—All coal and other the United States, together with the Michael F. Dwyer, minerals. right to prospect for, mine and remove District Manager, Las Vegas, NV. such deposits from the same under Upon publication of this Notice of [FR Doc. 95–25516 Filed 10–13–95; 8:45 am] applicable law and such regulations as BILLING CODE 4310±HC±M Segregation in the Federal Register as the Secretary of the Interior may provided in 43 CFR 2720.1–1(b), the prescribe. mineral interests owned by the United [NV±930±1430±01; N±59697] States in the private lands covered by and will be subject to: the application shall be segregated to Notice of Realty Action; Nevada 1. Those rights for public road the extent that they will not be subject purposes which have been granted to AGENCY: Bureau of Land Management. to appropriation under the mining and Clark County by Permit No. N–54758 ACTION: Notice-Modified Competitive mineral leasing laws. The segregative under the Act of October 21, 1976 Sale of Public Lands, Elko County, effect of the application shall terminate (43USC1761). Nevada. by publication of an opening order in the Federal Register specifying the date Detailed information concerning this SUMMARY: Notice is hereby given that and time of opening; upon issuance of action is available for review at the pursuant to Section 203 of the Federal a patent or other document of office of the Bureau of Land Land Policy and Management Act of conveyance to such mineral interest; or Management, Las Vegas District, 4765 1976 (43 U.S.C. 1701, 1713), the Bureau two years from the date of publication W. Vegas Drive, Las Vegas, Nevada. of Land Management will offer for sale of this notice, whichever occurs first. Upon publication of this notice in the under modified competitive sale Dated October 4, 1995. Federal Register, the above described procedures, at no less than fair market David McIlnay, land will be segregated from all other value, the following described contiguous parcel of public land which Chief, Branch of Lands. forms of appropriation under the public has been found suitable for disposal. [FR Doc. 95–25495 Filed 10–13–95; 8:45 am] land laws, including the general mining laws, except for the lease/conveyance The land will not be offered for sale BILLING CODE 4310±40±P under the Recreation and Public until at least sixty days after the date of Purposes Act, leasing under the mineral publication of this notice in the Federal [NV±930±3130±00; N±59509] leasing laws and disposals under the Register. mineral material disposal laws. For a Mount Diablo Meridian, Nevada Notice of Realty Action: Lease/ period of 45 days from the date of T. 29 N., R. 56 E., Conveyance for Recreation and Public publication of this notice in the Federal Sec. 22, lots 4, 5. Purposes Register, interested parties may submit Comprising 20.65 acres, more or less. AGENCY: Bureau of Land Management, comments regarding the proposed lease/ The appraised fair market value for the Interior. coveyance for classification of the lands above described parcel is $3,200.00 or to the District Manager, Las Vegas $155.00 per acre. ACTION: Recreation and Public Purpose District, P.O. Box 26569, Las Vegas Lease/conveyance. DATES: The sale offering will be on Nevada 89126. December 20, 1995, at 10 a.m. at the SUMMARY: The following described Classification Comments: Interested Bureau of Land Management, Elko public land in Las Vegas, Clark County, parties may submit comments involving District Office, 3900 E. Idaho St., Elko, Nevada has been examined and found the suitability of the land for a fire NV 89801. suitable for lease/conveyance for station. Comments on the classification SUPPLEMENTARY INFORMATION: The lands recreational or public purposes under are restricted to whether the land is are being offered for public sale by the the provisions of the Recreation and physically suited for the proposal, Bureau of Land Management in order to Public Purposes Act, as amended (43 whether the use will maximize the facilitate and enhance land use U.S.C. 869 et seq.). The Clark County future use or uses of the land, whether capability with an adjoining private Fire Department proposes to use the the use is consistent with local planning landowner. The lands have been land for a fire station. and zoning, or if the use is consistent specifically identified as suitable for Mount Diablo Meridian, Nevada with State and Federal programs. disposal by the Elko Resource Management Plan. The land is not T. 21 S., R. 60 E., Application Comments: Interested needed for any resource program and is Sec. 35: NE1⁄4NW1⁄4NE1⁄4NE1⁄4. parties may submit comments regarding not suitable for management by the Containing 2.500 acres, more or less. the specific use proposed in the Bureau or any other Federal department application and plan of development, The land is not required for any or agency. Legal access to the parcel is whether the BLM followed proper federal purpose. The lease/conveyance available via Elko County Road C–717 administrative procedures in reaching is consistent with current Bureau (BLM right-of-way N–46527). planning for this area and would be in the decision, or any other factor not As a condition of sale, in accordance the public interest. The lease/patent, directly related to the suitability of the with 43 CFR 4120.3–6(c), the current when issued, will be subject to the land for a church facility. grazing permittee will be entitled to provisions of the Recreation and Public Any adverse comments will be receive reasonable compensation from Purposes Act and applicable regulations reviewed by the State Director. In the the successful bidder for the adjusted of the Secretary of the Interior, and will absence of any adverse comments, the value of any authorized range contain the following reservations to the classification of the land described in improvements located on the subject United States: this Notice will become effective parcel. Specific range improvements 1. A right-of-way thereon for ditches December 15, 1995. The lands will not involved are described in or canals constructed by the authority of be offered for lease/conveyance until Environmental Assessment BLM/EK/ the United States, Act of August 30, after the classification becomes PL–95/016 prepared on behalf of the 1890 (43 U.S.C. 945). effective. sale. 53640 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
The grazing preference on the affected at 4:30 p.m. The bid envelope must be Publication of this notice in the grazing allotment would be reduced by marked on the lower left hand corner Federal Register will segregate the 32 AUMs as a result of this action. The with BLM LAND SALE—DO NOT subject lands from all appropriations grazing permittee has agreed to the OPEN and the sale date. It is under the public land laws, including reduction of his grazing preference recommended that all mailed bids be the mining laws, mineral leasing laws, conditioned on the sale of the public sent via certified mail. The bid must not and the Geothermal Steam Act. The lands and has waived the two-year be for less than the appraised fair segregation will terminate upon notification required as a result of the market value as specified in this notice. issuance of the patent or other proposed disposal of the public land. Bids will only be accepted for the entire document of conveyance, or upon The locatable and salable mineral parcel. DO NOT submit a bid for only publication in the Federal Register of a estates have been determined to have no a portion of the parcel. Each bid termination of segregation, or 270 days known value. The land is prospectively submitted will contain at least 20% or from date of publication, whichever valuable for oil and gas. Therefore, the 1⁄5 of the total amount bid for the parcel. occurs first. mineral estate, excluding oil and gas, Any bids not conforming to the sale Federal law requires that all bidders will be conveyed simultaneously with conditions or received after the above must be U.S. citizens, 18 years of age or the surface estate in accordance with date and time will be returned to the older, or in the case of corporations, be Section 209(b)(1) of FLPMA. bidders. In the event that two or more subject to the laws of any state of the Acceptance of a sale offer will constitute written high bids have been submitted United States. Proof of these an application for conveyance of the in the same amount, the determination requirements must accompany the bid. mineral interest. The high bidder will be of which is to be considered the highest For a period of 45 days from the date required to submit a $50.00 bid shall be by submission of new of publication of this Notice in the nonrefundable filing fee with the sealed bids by those bidders. Federal Register, interested parties may remainder of the purchase price for In the event that no bids are received submit comments to the District conveyance of the mineral interests on the parcel, the public lands in this Manager, Bureau of Land Management, specified above. Failure to submit the sale proposal would remain for sale, P.O. Box 831, Elko, Nevada 89803. Any nonrefundable fee for the mineral estate over the counter, for a period of 30 days adverse comments will be reviewed by within the time frame specified by the from date of sale. Interested parties may the Nevada State Director, who may authorized officer will result in inquire about the parcel at the Bureau sustain, vacate, or modify this realty cancellation of the sale. of Land Management, 3900 E. Idaho St., action and issue a final determination. Sale Procedures Elko, Nevada 89801, during the office In the absence of timely filed objections hours of 7:30 a.m. to 4:30 p.m., Monday this realty action will become the final The land will be sold by modified determination of the Department of the competitive sale procedures with a through Friday. The parcel would be Interior. preference right given to Barnes available for sale through sealed bid Ranches, Inc. The sale procedures will procedures with all conditions of the Dated: October 6, 1995. require the bidder to submit a written sale applying. The Bureau of Land Bill Baker, bid for no less than the fair market Management may accept or reject any or Acting District Manager. all offers or withdraw any land or value. Each bid submitted will be [FR Doc. 95–25549 Filed 10–13–95; 8:45 am] interest in land for sale, if, in the accompanied by a certified check, postal BILLING CODE 4310±HC±P money order, bank draft, or cashiers opinion of the authorized officer, 1 consummation of the sale would not be check for no less than 20% or ⁄5 of the total amount bid for the parcel. Under fully consistent with the Act of October [AK±932±1430±01; F±022953, F±022958] modified competitive sale procedures, 21, 1976 (43 U.S.C. 1761). The patent, Conformance to Survey; Alaska an apparent high bid will be declared by when issued, will contain the following the Bureau of Land Management. The reservations to the United States: AGENCY: Bureau of Land Management, apparent high bidder and Barnes 1. A right-of-way thereon for ditches Interior. and canals constructed by the authority Ranches, Inc. (designated bidder) will ACTION: Notice. be notified. The designated bidder will of the United States; Act of August 30, have 15 days from the date of 1890 (43 U.S.C. 945). SUMMARY: This notice provides official notification to exercise the preference 2. Oil and gas. And will be subject to: publication of the surveyed descriptions consideration to meet the high bid. 1. Those rights for telephone line for the Kasigluk National Guard Site at Should the designated bidder fail to purposes which have been granted to Kasigluk, and the Koyuk National Guard submit a bid that matches the apparent Alltel Nevada, Inc., its successors or Site at Koyuk, Alaska. The sites were high bid within the specified time assignees, by right-of-way grant N– withdrawn by Public Land Order No. period, the apparent high bidder shall 19958 under the authority of the Act of 2020 for use by the Department of the be declared high bidder and awarded October 21, 1976 (43 U.S.C. 1761). Army. the sale. The amount will be paid by 2. Those rights for powerline 1. The plat of survey for the Kasigluk certified check, postal money order, purposes which have been granted to National Guard Site was officially filed bank draft, or cashiers check payable to Wells Rural Electric Co., it successors or in the United States Department of the the Department of the Interior—BLM. assignees, by right-of-way grant N–2111 Interior, Bureau of Land Management, Failure to meet the conditions under the authority of the Act of Washington DC on May 20, 1964. established for this sale will void the October 21, 1976 (43 U.S.C. 1761). United States Survey No. 4048, Lot 2, sale and any money received for the sale In the event that Barnes Ranches, Inc. containing 0.73 acre, represents the land will be forfeited as proceeds of the sale is not the successful bidder, an that was previously described as to the Bureau of Land Management. easement 60 feet in width along the follows: Sealed bids for no less than the existing access road would be reserved A tract of land at approximate latitude 60°55’ appraised fair market value as to Barnes Ranches, Inc. thus ensuring N., longitude 162°35’ W., Beginning at the determined by government appraisal continued legal access to the Barnes south corner of School Withdrawal, Serial will be received until December 5, 1995, Ranch. No.62787, Fairbanks Land Office; Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53641
Thence S. 50° E., 7 feet; the Nevada State Office, Reno, Nevada This survey was executed to meet Thence S. 40° W., 100 feet; on July 19, 1995: certain administrative needs of the Thence N. 50° W., 200 feet; ° The plat, representing the dependent Department of the U.S. Navy. Thence N. 40 E., 100 feet to boundary of said 6. Subject to valid existing rights the school withdrawal; resurvey of a portion of the subdivisional Thence S. 50° E., 193 feet along said lines and subdivision of section 7, Township provisions of existing withdrawals and boundary to the point of beginning. 15 South, Range 66 East, of the Mount Diablo classifications, the requirements of Meridian, in the State of Nevada, under applicable laws, and other segregations The area as described contained Group No. 751, was accepted July 5, 1995. approximately 0.46 acre. of record, those lands listed under item This survey was executed to meet 5 are open to application, petition, and 2. The plat of survey for the Koyuk certain needs of the Bureau of Land disposal, including application under National Guard Site was officially filed Management and Nevada Power the mineral leasing laws. All such valid in the United States Department of the Company. applications received on or prior to Interior, Bureau of Land Management, 2. The Plat of Survey of the following December 4, 1995, shall be considered Washington, DC, on October 17, 1968. described lands was officially filed at as simultaneously filed at that time. United States Survey No. 4390, Tract C, the Nevada State Office, Reno, Nevada Those received thereafter shall be Block 2, Lot 7, containing 0.58 acre, on August 24, 1995: considered in order of filing. represents the land that was previously 7. The above-listed surveys are now described as follows: The plat, representing the dependent resurvey of a portion of the south boundary, the basic record for describing the lands A tract of land near the north shore of Norton a portion of the east boundary, and a portion for all authorized purposes. These Bay, beginning at Corner No. 3 of U.S. of the subdivisional lines, and subdivision of surveys have been placed in the open Survey No. 2035; section 36, T. 15 N., R. 19 E., of the Mount files in the BLM Nevada State Office ° Thence S. 46 51’ W., 160 feet along an Diablo Meridian, in the State of Nevada, and are available to the public as a extension of the 2–3 line of said survey; under Group No. 734, was accepted August matter of information. Copies of the Thence N. 43°09’ W., 140 feet; 17, 1995. Thence N. 46°51’ E., 160 feet to a point on surveys and related field notes may be the 3–4 line of said U.S. Survey; This survey was executed to meet furnished to the public upon payment of Thence S. 43°09’ E., 140 feet along said 3– certain administrative needs of the U.S. the appropriate fees. 4 line to the point of beginning. Forest Service. Dated: September 29, 1995. 3. The Plat of Survey of the following The area as described contained Robert H. Thompson, approximately 0.51 acre. described lands was officially filed at the Nevada State Office, Reno, Nevada Acting Chief Cadastral Surveyor, Nevada. ADDRESSES: Inquiries about this land on September 21, 1995: [FR Doc. 95–25511 Filed 10–13–95; 8:45 am] should be sent to the Alaska State BILLING CODE 4310±HC±M Office, Bureau of Land Management, The plat, representing the dependent 222 W. 7th Avenue, No. 13, Anchorage, resurvey of a portion of the north boundary, a portion of the west boundary and a portion [OR±942±00±1420±00: G5±229] Alaska 99513–7599. of the subdivisional lines, and subdivision of FOR FURTHER INFORMATION CONTACT: sections 6 and 7, Township 19 South, Range Filing of Plats of Survey: Oregon/ Robbie J. Havens, BLM Alaska State 59 East, of the Mount Diablo Meridian, in the Washington Office, 907–271–5477. State of Nevada, under Group No. 698, was Sue A. Wolf, accepted September 14, 1995. AGENCY: Bureau of Land Management, Chief, Branch of Lands. This survey was executed to meet Interior. [FR Doc. 95–25514 Filed 10–13–95; 8:45 am] certain administrative needs of the ACTION: Notice. BILLING CODE 4310±JA±P Bureau of Land Management. 4. The Plat of Survey of the following SUMMARY: The plats of survey of the described lands was officially filed at following described lands are scheduled [NV±942±05±1420±00] the Nevada State Office, Reno, Nevada to be officially filed in the Oregon State on September 28, 1995: Office, Portland, Oregon, thirty (30) Filing of Plats of Survey; Nevada calendar days from the date of this The plat, representing the dependent AGENCY: Bureau of Land Management, resurvey the Third Standard Parallel North, publication. Interior. through a portion of Range 30 East, a portion Willamette Meridian, Oregon of the subdivisional lines, and subdivision of ACTION: Notice. T. 23 S., R. 4 W., accepted September 13, sections 1, 12, 13 and 24, Township 15 1995 North, Range 30 East, of the Mount Diablo SUMMARY: The purpose of this notice is T. 3 S., R. 5 W., accepted September 15, 1995 Meridian, in the State of Nevada, under to inform the public and interested State T. 21 S., R. 5 W., accepted September 14, Group No. 711 was accepted September 21, 1995 and local government officials of the 1995. filing of Plats of Survey in Nevada. T. 23 S., R. 5 W., accepted September 13, This survey was executed to meet 1995 EFFECTIVE DATES: Filing is effective at certain administrative needs of the T. 17 S., R. 9 W., accepted September 13, 10:00 a.m. on the dates indicated below. Department of the U.S. Navy. 1995 FOR FURTHER INFORMATION CONTACT: 5. The Plat of Survey of the following T. 19 S., R. 12 W., accepted September 20, Robert H. Thompson, Acting Chief, described lands will be officially filed at 1995 (2 Sheets) Branch of Cadastral Survey, Bureau of the Nevada State Office, Reno, Nevada T. 25 S., R. 12 W., accepted September 25, 1995 Land Management (BLM), Nevada State on December 4, 1995: Office, 850 Harvard Way, P.O. Box T. 36 S., R. 14 W., accepted August 29, 1995 The plat, representing the survey of a (2 Sheets) 12000, Reno, Nevada 89520, 702–785– portion of the subdivisional lines, and 6541. subdivision of sections 32, 33, 34 and 35, If protests against a survey, as shown on any of the above plat(s), are received SUPPLEMENTARY INFORMATION: Township 16 North, Range 30 East, of the Mount Diablo Meridian, in the State of prior to the date of official filing, the 1. The Plat of Survey of the following Nevada, under Group No. 711 was accepted filing will be stayed pending described lands was officially filed at September 21, 1995. consideration of the protest(s). A plat 53642 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices will not be officially filed until the date Consolidated Energy Resources Inc.; management and operation of the after all protests have been dismissed Shell Land & Energy Company; Delaware Water Gap National and become final or appeals from the Shell Onshore Ventures Inc.; Recreation Area, as well as on other dismissal affirmed. CalResources LLC. matters affecting the Recreation Area The plat(s) will be placed in the open Group III. Mobil Oil Corp.; Mobil Oil and its surrounding communities. files of the Oregon State Office, Bureau Exploration and Producing The meeting will be open to the of Land Management, 1515 S.W. 5th Southeast Inc.; Mobil Producing public. Any member of the public may Avenue, Portland, Oregon 97201, and Texas and New Mexico Inc.; Mobil file a written statement concerning will be available to the public as a Exploration and Producing North agenda items with the Commission. The matter of information only. Copies of America Inc. statement should be addressed to The the plat(s) may be obtained from the Group IV. BP America Inc.; The Delaware Water Gap National above office upon required payment. A Standard Oil Co.; BP Exploration & Recreation Area Citizens Advisory person or party who wishes to protest Oil Inc.; BP Exploration (Alaska) Commission, P.O. Box 284, Bushkill, PA against a survey must file with the State Inc. 18324. Minutes of the meeting will be Director, Bureau of Land Management, Dated: October 6, 1995. available for inspection four weeks after Portland, Oregon, a notice that they Carolita U. Kallaur, the meeting at the permanent wish to protest prior to the proposed Acting Director, Minerals Management headquarters of the Delaware Water Gap official filing date given above. A Service. National Recreation Area located on statement of reasons for a protest may be [FR Doc. 95–25569 Filed 10–13–95; 8:45 am] River Road 1 mile east of U.S. Route filed with the notice of protest to the 209, Bushkill, Pennsylvania. State Director, or the statement of BILLING CODE 4310±MR±M reasons must be filed with the State FOR FURTHER INFORMATION, CONTACT: Superintendent, Delaware Water Gap Director within thirty (30) days after the National Park Service proposed official filing date. National Recreation Area, Bushkill, PA The above-listed plats represent Delaware Water Gap National 18324, 717–588–2418. dependent resurveys, survey and Recreation Area Citizens Advisory Dated: October 4, 1995. subdivision. Commission Meeting Warren D. Beach, FOR FURTHER INFORMATION CONTACT: AGENCY: National Park Service; Interior. Acting Associate Field Director, Northeast Bureau of Land Management (1515 S.W. Field Area. ACTION: Notice of meeting. 5th Avenue), P.O. Box 2965, Portland, [FR Doc. 95–25523 Filed 10–13–95; 8:45 am] Oregon 97208. SUMMARY: This notice announces three BILLING CODE 4310±70±M Dated: October 3, 1995. upcoming meetings of the Delaware Robert D. DeViney, Jr., Water Gap National Recreation Area Chief, Branch of Realty and Records Services. Citizens Advisory Commission. Notice Availability of Plan of Operations and [FR Doc. 95–25513 Filed 10–13–95; 8:45 am] of these meetings is required under the Environmental Assessment Drilling an BILLING CODE 4310±33±M Federal Advisory Committee Act (Public Exploratory Oil Well Law 92–463). In the matter of Murphy Exploration and Meeting Date and Time: Thursday, Minerals Management Service Production Company, Big Thicket National November 9, 1995 at 7 pm Preserve, Hardin County, Texas. Address: Bangor Borough Hall, Bangor, Notice on Outer Continental Shelf Oil PA 18013 Notice is hereby given in accordance and Gas Lease Sales Meeting Date and Time: Saturday, with Section 9.52(b) of Title 36 of the AGENCY: Minerals Management Service, January 13, 1996 at 9 am Code of Federal Regulations that the Interior. Address: Sussex County Community National Park Service has received from College Hill, Newton, NJ 07860 ACTION: List of restricted joint bidders. Hanson Production Company a Plan of Meeting Date and Time: Thursday, Operations to drill an exploratory oil SUMMARY: Pursuant to the authority March 14, 1996 at 7 pm well in Big Thicket National Preserve, vested in the Director of the Minerals Address: East Stroudsburg University, located within Hardin County, Texas. East Stroudsburg, PA 18301 Management Service by the joint The Plan of Operations and bidding provisions of 30 CFR 256.41, The agenda for the meeting consists of Environmental Assessment are available each entity within one of the following reports from Citizen Advisory for public review and comment for a groups shall be restricted from bidding Commission committees including: By- period of 30 days from the publication with any entity in any other of the Laws, Natural Resources, Recreation, date of this notice. The documents can following groups at Outer Continental Cultural and Historical Resources, be viewed during normal business hours Shelf oil and gas lease sales to be held Intergovernmental and Public Affairs, at the Office of the Superintendent, Big during the bidding period from Construction and Capital Project Thicket National Preserve, 3785 Milam November 1, 1995, through April 30, Implementation, as well as Special Street, Beaumont, Texas. Copies can be 1996. The List of Restricted Joint Committee Reports. Superintendent requested from the Superintendent, Big Bidders published March 20, 1995, in Roger K. Rector will give a report on Thicket National Preserve, 3785 Milam, the Federal Register at 60 FR 14777 various park issues. Beaumont, TX 77701. covered the period of May 1, 1995, SUPPLEMENTARY INFORMATION: The Dated: October 6, 1995. through October 31, 1995. Delaware Water Gap National Group I. Exxon Corporation; Exxon San Recreation Area Citizens Advisory Richard F. Straham, Joaquin Production Co. Commission was established by Public Acting Superintendent, Big Thicket National Group II. Shell Oil Co.; Shell Offshore Law 100–573 to advise the Secretary of Preserve. Inc.; Shell Western E&P Inc.; Shell the Interior and the United States [FR Doc. 95–25524 Filed 10–13–95; 8:45 am] Frontier Oil & Gas Inc.; Shell Congress on matters pertaining to the BILLING CODE 4310±70±M Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53643
Notice of Realty Action, Proposed association of twenty (20) individuals, ADDRESSES: Comments should be Exchange, Rocky Mountain National as follows: Jerome Igo, William C. Levis, submitted in triplicate to the Park, CO George M. Howard, Charles A. White, Telecommunications Industry Liaison W.A. Insinger, Arthur Strong, Samuel H. Unit (TILU), Federal Bureau of AGENCY: National Park Service, Interior. Southard, Burton D. Sanborn, Neill Investigation, P.O. Box 220450, ACTION: Notice of realty action. Brothers, John M.B. Petrinkin, George Chantilly, VA 22022–0450. M. Houston, Adolph Z. Solomon, J.M. SUMMARY: Notice of Realty Action, FOR FURTHER INFORMATION CONTACT: Ferguson. W.H. Farr, A.W. Durkee, A.A. Contact TILU at (800) 551–0336. Please Proposed exchange of Federally-owned Howard, C.A. Carlson, Peter F. Daven, interests in water for municipally- refer to your question as a capacity P.W. Putnam and S.A. Moore. notice question. owned interests in land and water, The value of the interests in land and Rocky Mountain National Park, Grand water to be exchanged shall be I. Background and Larimer Counties, Colorado. determined by a current fair market On October 25, 1994, the President I value appraisal and if they are not signed into law the Communications approximately equal, the values shall be The following described Federally- Assistance for Law Enforcement Act equalized by adjustment in the interests (CALEA) (Public Law 103–414; 47 owned interests in water, assigned to to be exchanged as circumstances the National Park Service for the use of U.S.C. 1001–1010). This law presents require. law enforcement’s requirements for the Rocky Mountain National Park, have Detailed information concerning this surveillance of wire or electronic been determined to be suitable for exchange including a precise legal communications. The primary purpose disposal by exchange. The authority for desciption of the ditch and the of the CALEA is to clarify a this exchange is the Act of July 15, 1968 Memorandum of Understanding and telecommunications carrier’s duty to (16 U.S.C. 460l–22). Agreement are available from the Realty assist law enforcement agencies with These selected Federal interests in Officer, Intermountain Field Area, the lawful interception of water are a portion of the 3 cubic feet National Park Service, 12795 West communications and the acquisition of per second (cfs) of water assigned to Alameda Parkway, P.O. Box 25287, call-identifying information in an ever- Rocky Mountain National Park for park Denver, Colorado 80225–0287, (303) changing telecommunications purposes under Article 24 of the 1938 969–2611. Repayment Contract between the United For a period of 45 calendar days from environment. To ensure that law States Bureau of Reclamation and the the date of this notice, interested parties enforcement agencies can continue to Northern Colorado Water Conservancy may submit comments to the above conduct authorized surveillance of wire District. It has been determined that address. Adverse comments will be or electronic communications, the park purposes will be served by this evaluated and this action may be CALEA states that telecommunications exchange. modified or vacated accordingly. In the carriers must meet the assistance The Federally-owned interests in absence of any action to modify or capability requirements set forth in water to be exchanged are 0.85 cfs not vacate, this realty action will become section 103 of the Act (and restated in to exceed the total amount of 180 acre- the final determination of the Appendix A of this notice). feet annually, subject to the terms and Department of the Interior. Section 104 of the CALEA mandates conditions of the Memorandum of that the Attorney General of the United Dated: September 28, 1995. Understanding and Agreement between States provide notice of estimates for the the National Park Service, the United John E. Cook, actual and maximum number of pen States Bureau of Reclamation, the Field Director, Intermountain Field Area. register, trap and trace, and Northern Colorado Water Conservancy [FR Doc. 95–25525 Filed 10–13–95; 8:45 am] communication intercepts that law District and the City of Loveland, BILLING CODE 4310±70±P enforcement agencies may conduct and Colorado, dated August 7, 1995. use simultaneously. The definitions for ‘‘actual capacity’’ II DEPARTMENT OF JUSTICE and ‘‘maximum capacity’’ are included In exchange for the interests in water below: identified in Section I., the United Federal Bureau of Investigation Actual Capacity—‘‘notice of the States of America will acquire all right, actual number of communication Implementation of the title and interest of the City of Loveland interceptions. pen registers, and trap Communications Assistance for Law in and to the Eureka Ditch, including and trace devices, representing a portion Enforcement Act the waters thereof. Acquisition of this of the maximum capacity that the ditch will enable the National Park AGENCY: Federal Bureau of Investigation Attorney General estimates that Service to eliminate the ditch and (FBI). government agencies authorized to restore natural conditions and flows to ACTION: Initial notice and requests for conduct electronic surveillance may the watershed. comments. conduct and use simultaneously by the The Eureka Ditch is located within date that is 4 years after the date of the boundaries of Rocky Mountain SUMMARY: The FBI is providing initial enactment of the CALEA’’ (CALEA, National Park in Sections 6, 7, 17 and notification of law enforcement capacity section 104(a)(1)(A)). 18, Township 4 North, Range 74 West, requirements as mandated in section Maximum Capacity—‘‘notice of the 6th P.M., Grand and Larimer Counties, 104 of the Communications Assistance maximum capacity required to Colorado. for Law Enforcement Act. Comments accommodate all of the communication The interest to be acquired is a right- regarding this initial notice will be interceptions, pen registers, and trap of-way for the construction, operation considered in the development of the and trace devices that the Attorney and maintenance of a water diversion final capacity notice. General estimates that government ditch originally granted by the United DATES: Written comments must be agencies authorized to conduct States Department of the Interior on received on or before November 15, electronic surveillance may conduct and October 26, 1914, to an unincorporated 1995. use simultaneously after the date that is 53644 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
4 years after of enactment of the The capacity requirements are not categories enables capacity CALEA’’ (CALEA, section 104(a)(1)(B)). intended to specify, required or prohibit requirements to be stated in a manner This Federal Register announcement adoption of any particular system that reasonably represents law serves as the initial notice of the design or configuration by a enforcement electronic surveillance government’s actual and maximum telecommunications carrier, equipment needs in all geographic areas, yet does capacity requirements. These manufacturer, or support services not overburden the telecommunications requirements will aid provider. These entities must develop industry by holding all carriers to the telecommunications carriers in an appropriate solution to comply with same level of capacity. developing and deploying solutions to the capacity requirements set forth in Category I (the highest category) and meet the assistance capability this notice and with the assistance requirements set forth in section 103 of capability requirements found in section Category II (the intermediate category) the CALEA. A final notice will be issued 103 of the CALEA. In developing represent those geographic areas where in accordance with the CALEA solutions, carriers should consider the the majority of electronic surveillance requirements after considering effect that particular services and activity occurs. Only a few of the most comments to this initial notice. features may have on capacity densely populated areas, which have The actual and maximum capacity requirements. For example, the required historically been areas of high electronic requirements were developed by the FBI number of ports, lines, or other network surveillance activity, are grouped into in coordination with law enforcement. resources may vary depending upon the Category I. Other densely populated By order of the Attorney General of the use of particular services and features areas and some suburban areas, with United States, as codified in 28 CFR by an intercept subject. The FBI, along moderate electronic surveillance 0.85 (o), government implementation with other law enforcement agencies, activity, are grouped into Category II. responsibilities under the CALEA were will be available, through the The numbers for these categories were delegated to the FBI. The FBI, in turn, consultative process, to discuss these derived based on the analysis described is establishing TILU to carry out the engineering issues. above. Category I and Category II apply government’s implementation In accordance with the intent of the to approximately 25 percent of the responsibilities, including the CALEA, carriers must ensure that their equipment, facilities, and services publication of capacity notices. equipment, facilities, or services that covered by the survey over the time For the purposes of this document, provide a customer or subscriber with period. the terms defined in section 2510 of title the ability to originate, terminate, or Category III (the lowest category) 18, United States Code, and section 102 direct communications are capable of represents law enforcement’s minimum of the CALEA (section 1001 of title 47, meeting the capability and capacity United States Code) have, respectively, requirements mandated by the CALEA. acceptable capacity requirements for the meanings stated in those sections. These requirements apply to existing electronic surveillance activity. This Additional clarification of terms is and future telecommunications carriers. category covers all other geographic provided in Appendix B of this notice. areas. The numbers for Category III were III. Capacity Requirements Derivation derived by analyzing areas of II. Introduction The capacity figures that are historically low electronic surveillance The capacity figures in this notice presented in this initial notice were activity and projecting future needs in reflect the combined number of derived as a result of a thorough order to establish a requirement for a simultaneous pen register, trap and analysis of electronic surveillance minimum level of capacity for trace, and communication interceptions needs. Information regarding electronic electronic surveillance. that law enforcement may conduct by surveillance activities for a specific time All telecommunications carriers are October 25, 1998. All period was obtained from expected to meet the minimum capacity telecommunications carriers must, telecommunications carriers, law requirements of Category III. Carriers within 3 years after the publication of enforcement, U.S. District Courts, State will be individually notified of those the final notice of capacity requirements Courts, State Attorneys General, and specific geographic areas within the or within 4 years after the date of State District Attorneys to establish a areas they serve that exceed Category III enactment of the CALEA, whichever is historical baseline of activity. and warrant a Category I or Category II longer, ensure that their systems are The historical baseline of electronic capacity requirement. The individual capable of accommodating surveillance activity was determined carrier notifications will occur simultaneously the number of pen after examination of both the location contemporaneously with the register, trap and trace, and and occurrence of each electronic publication of the final notice. It is communication interceptions identified surveillance reported. The historical anticipated that the majority of the area in the actual capacity requirements. baseline was then analyzed to derive the served by a carrier will fall into Furthermore, all telecommunications total and simultaneous electronic Category III; however, if Category I and carriers shall ensure capabilities exist to surveillance activity by switch and Category II capacity requirements are expeditiously accommodate any within specific geographic areas. Future necessary, they are likely to affect only increase in the actual number of pen capacity needs were then determined a small portion of their area served. register, trap and trace, and after consideration of the impact of communication interceptions that demographics, market trends, and other This initial capacity notice includes authorized agencies may seek to factors on the historical baseline. the actual and maximum capacity conduct and use, up to the maximum The analysis indicates that electronic requirements for Categories I, II, and III. capacity requirement. Some carriers surveillance activity varies by After considering comments to this may not need to make modifications to geographic area. Therefore, the capacity initial notice, a final notice will be their equipment, facilities, and services requirements will vary by geographic published. Future changes to the in response to this notice because they area. The capacity requirements are maximum capacity requirements issued currently meet all law enforcement reported by category, with each in the final notice will be published in capacity and capability requirements for geographic area being assigned to one of the Federal Register, as necessary, in electronic surveillance. three distinct categories. The use of accordance with section 104(c). Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53645
IV. Initial Statement of Actual and Category II any of its systems or services that do not Maximum Capacity have the capacity to meet the assistance Actual Capacity capability requirements stated in section The actual and maximum capacity Each telecommunications carrier must 103 of the CALEA. These carrier requirements are presented as a provide the ability to meet the statements will be used in conjunction percentage of the engineered capacity of capability assistance requirements with law enforcement priorities and the equipment, facilities, and services defined in section 103 of the CALEA for other factors to determine the specific that provide a customer or subscriber a number of simultaneous pen register, equipment, facilities, and services that with the ability to originate, terminate, trap and trace, and communication require immediate modification and that or direct communications. Engineered interceptions equal to 0.25% of the may be eligible for cost reimbursement. capacity refers to the maximum number engineered capacity of the equipment, The FBI will consult with of subscribers that can be served by that facilities, or services that provide a telecommunications carriers to establish equipment, facility, or service. customer or subscriber with the ability a template for responding to the Frequently, the percentage is applied to to originate, terminate, or direct capability and capacity requirements. the engineered subscriber capacity of a communications. switch, however, the percentage can Appendix A—CALEA, Sec. 103 (Pub. L. also apply to nonswitch equipment (i.e., Maximum Capacity 103–414; 47 U.S.C. 1002) Assistance network peripherals) involved in the Each telecommunications carrier must Capability Requirements origination, termination, or direction of ensure that it can expeditiously increase (a) Capability Requirements.—Except as communications. Percentages are being its capacity to meet the assistance provided in subsections (b), (c), and (d) of used rather than fixed numbers due to capacity requirements defined in this section and sections 108(a) and 109(b) the dynamics and diversity of the section 103 of the CALEA for a number and (d), a telecommunications carrier shall telecommunications industry. The use of simultaneous pen register, trap and ensure that its equipment, facilities, or of percentages allows trace, and communication interceptions services that provide a customer or telecommunications carriers the equal to 0.5% of the engineered capacity subscriber with the ability to originate, flexibility to adjust to changes in of the equipment, facilities, or services terminate, or direct communications are that provide a customer or subscriber capable of— marketplace conditions or changes in (1) expeditiously isolating and enabling the the number of subscribers, access lines, with the ability to originate, terminate, government, pursuant to a court order or equipment, facilities, etc., and still or direct communications. other lawful authorization, to intercept, to know the required level of capacity. Category III the exclusion of any other communications, As a result of extensive consultation all wire and electronic communications with federal, State, and local law Actual Capacity carried by the carrier within a service area to enforcement agencies, Each telecommunications carrier must or from equipment, facilities, or services of a subscriber of such carrier concurrently with telecommunications carriers, providers provide the ability to meet the their transmission to or from the subscriber’s of telecommunications support services, capability assistance requirements equipment, facility, or service, or at such and manufacturers of defined in section 103 of the CALEA for later time as may be acceptable to the telecommunications equipment, the FBI a number of simultaneous pen register, government; proposes the following capacity trap and trace, and communication (2) expeditiously isolating and enabling the requirements for Categories I, II, and III: interceptions equal to 0.05% of the government, pursuant to a court order or engineered capacity of the equipment, other lawful authorization, to access call- Category I facilities, or services that provide a identifying information that is reasonably Actual Capacity available to the carrier— customer or subscriber with the ability (A) before, during, or immediately after the to originate, terminate, or direct Each telecommunications carrier must transmission of a wire or electronic communications. provide the ability to meet the communication (or at such later time as may capability assistance requirements Maximum Capacity be acceptable to the government); and (B) in a manner that allows it to be defined in section 103 of the CALEA for Each telecommunications carrier must associated with the communication to which a number of simultaneous pen register, ensure that it can expeditiously increase it pertains, except that, with regard to trap and trace, and communication its capacity to meet the assistance information acquired solely pursuant to the interceptions equal to 0.5% of the capability requirements defined in authority for pen registers and trap and trace engineered capacity of the equipment, section 103 of the CALEA for a number devices (as defined in section 3127 of title 18, facilities, or services that provide a of simultaneous pen register, trap and United States Code), such call-identifying customer or subscriber with the ability information shall not include any trace, and communication interceptions information that may disclose the physical to originate, terminate, or direct equal to 0.25% of the engineered communications. location of the subscriber (except to the capacity of the equipment, facilities, or extent that the location may be determined Maximum Capacity services that provide a customer or from the telephone number); subscriber with the ability to originate, (3) delivering intercepted communications Each telecommunications carrier must terminate, or direct communications. and call-identifying information to the ensure that it can expeditiously increase When translated from percentages to government, pursuant to a court order or its capacity to meet the assistance numbers, capacity requirements should other lawful authorization, in a format such capability requirements defined in be rounded up to the nearest whole that they may be transmitted by means of section 103 of the CALEA for a number number. equipment, facilities, or services procured by of simultaneous pen register, trap and the government to a location other than the trace, and communication interceptions V. Carrier Statements and Consultation premises of the carrier; and (4) facilitating authorized communications equal to 1% of the engineered capacity As set forth in section 104(d) of the interceptions and access to call-identifying of the equipment, facilities, or services CALEA, each telecommunications information unobtrusively and with a that provide a customer or subscriber carrier is required to provide within 180 minimum of interference with any with the ability to originate, terminate, days after publication of the final subscriber’s telecommunications service and or direct communications. capacity notice a statement identifying in a manner that protects— 53646 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
(A) the privacy and security of during, or immediately after the transfer of electronic communication was transmitted. communications and call-identifying such communications) identifying the (18 U.S.C. 3127(4)) information not authorized to be intercepted; provider of a wire or electronic Dated: October 10, 1995. and communication service that has acquired Louis J. Freey, (B) information regarding the government’s access to the communications. interception of communications and access Director. to call-identifying information. Appendix B—Glossary [FR Doc. 95–25562 Filed 10–13–95; 8:45 am] (b) Limitations.— Communication Interceptions—Regarding BILLING CODE 4410±02±M (1) Design of Features and Systems a wire or an electronic communication, Configurations.—This title does not authorize communication interceptions include any any law enforcement agency or officer— information concerning the substance, (A) to require any specific design of purport, or meaning of that communication. NATIONAL AERONAUTICS AND equipment, facilities, services, features, or Communication interceptions apply to any SPACE ADMINISTRATION system configurations to be adopted by any type of wire or electronic communications provide of a wire or electronic (i.e., any transfer of signs, signals, writing, [Notice 95±093] communication service, any manufacturer of images, sounds, data, or intelligence of any telecommunications equipment, or any nature). NASA Advisory Council; Meeting provider of telecommunications support Call-Identifying Information—Dialing or services; or signaling information that identifies the AGENCY: National Aeronautics and (B) to prohibit the adoption of any origin, direction, destination, or termination Space Administration. equipment, facility, service, or feature by any of each communication generated or received provider of a wire or electronic by a subscriber by means of any equipment, ACTION: Notice of meeting. communication service, any manufacturer of facility, or service of a telecommunications telecommunications equipment, or any carrier. (See Pub. L. 103–414, Section 102(2)) SUMMARY: In accordance with the provider of telecommunications support Electronic Surveillance—The statutory- Federal Advisory Committee Act, Pub. services. based legal authorization, process and the L. 92–463, as amended, the National (2) Information Services; Private Networks associated technological capabilities and Aeronautics and Space Administration and Interconnection Services and activities related to communication announces a meeting of the NASA Facilities.—The requirements of subsection interceptions and the acquisition of call- Advisory Council. (a) do not apply to— identifying information as defined above. (A) information services; or Law Enforcement—Federal, State, and DATES: November 1, 1995, 8 a.m. to 4 (B) equipment, facilities, or services that local law enforcement agencies. p.m.; and November 2, 1995, 10:30 a.m. support the transport or switching of Pen Register—A device that records or to noon. communications for private networks or for decodes electronic or other impulses that ADDRESSES: Ames Research Center, the sole purpose of interconnecting identify the numbers dialed or otherwise Committee Room 213, Building 200, telecommunications carriers. transmitted on the telephone line to which Moffett Field, CA 94035–1000. (3) Excryption.—A telecommunications such device is attached, but such term does carrier shall not be responsible for decryping, not include any device used by a provider or FOR FURTHER INFORMATION CONTACT: or ensuring the government’s ability to customer of a wire or electronic Ms. Anne L. Accola, Code Z, National decrypt, any communication encrypted by a communication service for billing, or Aeronautics and Space Administration, subscriber or customer, unless the encryption recording as and incident to billing, for Washington, DC 20546, 202/358–0682. was provided by the carrier and the carrier communications service provided by such SUPPLEMENTARY INFORMATION: possesses the information necessary to provider or any device used by a provider or The decrypt the communication. customer of a wire communications service meeting will be open to the public up (c) Emergency or Exigent Circumstances.— for cost accounting or other like purposes in to the seating capacity of the room. The In emergency or exigent circumstances the ordinary course of its business. (18 U.S.C. agenda for the meeting is as follows: (including those described in sections 2518 3127(3)) —Science Institutes (7) or (11)(b) and 3125 of title 18, United Telecommunications Carrier—Any person —NASA Performance Plan States Code, and section 1805(e) of title 50 or entity engaged in the transmission or —NRC Committee on Space Station of such Code), a carrier at its discretion may switching of wire or electronic comply with subsection (a)(3) by allowing communications as a common carrier for Report monitoring at its premises if that is the only hire; including as a person or entity engaged —Systems Concepts and Analysis means of accomplishing the interception or in providing commercial mobile services (as Group access. defined in section 322(d) of the —Committee/Task Force Reports (d) Mobile Service Assistance Communications Act of 1934) and a person —Overview of Ames Research Center Requirements.—A telecommunications or entity engaged in providing wire or Programs carrier that is a provider of commercial electronic communication switching or —NRC Future of Space Science Study mobile service (as defined in section 332(d) transmission service to the extent that the —Discussion of Findings and of the Communications Act of 1934) offering Federal Communications Commission finds Recommendations a feature or service that allows subscribers to that such service is a replacement for a redirect, hand off, or assign their wire or substantial portion of the local telephone It is imperative that the meeting be electronic communications to another service exchange service and that it is in the public held on these dates to accommodate the area or another service provider or to utilize interest to deem such a person or entity to scheduling priorities of the key facilities in another service area or of another be a telecommunications carrier for purposes participants. Visitors will be requested service provider shall ensure that, when the of Title I of the CALEA. The term does not to sign a visitor’s register. Unbadged carrier that had been providing assistance for include persons or entities insofar as they are visitors will be required to obtain a the interception of wire or electronic engaged in providing information services visitor’s badge at the Ames Research communications or access to call-identifying and any class or category of information pursuant to a court order or telecommunications carriers that the Center badging office at the main gate to lawful authorization no longer has access to Commission exempts by the rule after the Center. the content of such communications or call- consultation with the U.S. Attorney General. Dated: October 10, 1995. identifying information within the service (See Pub. L. 103–414, Section 102(8)) Danalee Green, area in which interception has been Trap and Trace—A device that captures Chief, Management Controls Office. occurring as a result of the subscriber’s use the incoming electronic or other impulses of such a feature or service, information is that identify the originating number of an [FR Doc. 95–25563 Filed 10–13–95; 8:45 am] made available to the government (before, instrument or device from which a wire or BILLING CODE 7510±01±M Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53647
NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and Foundation announces the following recommendations concerning proposals meeting: Special Emphasis Panel in submitted to NSF for financial support. Agenda: To review and evaluate CISE Name: Advisory Panel for Economics, Astronomical Sciences (1186); Notice Decision and Management Sciences (#1759). of Meetings Instrumentation proposals as part of the selection process for awards. Date and Time: November 16–17, 1995. In accordance with the Federal Reason for Closing: The proposals being Place: National Science Foundation, reviewed include information of proprietary Stafford Place, 4201 Wilson Boulevard, Room Advisory Committee Act (Pub. L. 92– 1150, Arlington, VA 22230. 463, as amended), the National Science or confidential nature, including technical information; financial data, such as salaries; Contact Person: Dr. Robin Cantor, Program Foundation announces that the Special and personal information concerning Director for DRMS, Division of Social, Emphasis Panel in Astronomical individuals associated with the proposals. Behavioral and Economic Research, National Sciences (1186) will be holding panel These matters are exempt under 5 U.S.C. Science Foundation, Room 995, 4201 Wilson meetings for the purpose of reviewing 552b(c), (4) and (6) of the Government in the Boulevard, Arlington, VA 22230. Telephone proposals submitted to the Stellar Sunshine Act. (703) 306–1757. Agenda: To review and evaluate DRMS Astronomy and Astrophysics Program Dated: October 10, 1995. proposals as part of the selection process for in the area of Astronomical Sciences. In M. Rebecca Winkler, awards. order to review the large volume of Committee Management Officer. Date and Time: November 3–4, 1995. proposals, panel meetings will be held [FR Doc. 95–25494 Filed 10–13–95; 8:45 am] Place: National Science Foundation, on October 30–31 (4). All meetings will BILLING CODE 7555±01±M Stafford Place, 4201 Wilson Boulevard, be closed to the public and will be held Rooms 920 & 970, Arlington, VA 22230. at the National Science Foundation, Contact Person: Dr. Daniel H. Newlon, 4201 Wilson Boulevard, Arlington, Proposal Review Panel in Earth Program Director for Economics, Division of Virginia, from 8:30 AM to 5 PM each Sciences; Notice of Meeting Social, Behavioral and Economic Research, day. National Science Foundation, Room 995, Contact Person: Dr. Jane Russell, In accordance with the Federal 4201 Wilson Boulevard, Arlington, VA Program Director, Stellar Astronomy Advisory Committee Act (Pub. L. 92– 22230. Telephone (703) 306–1753. 463, as amended), the National Science Agenda: To review and evaluate and Astrophysics, Division of Economics proposals as part of the selection Astronomical Sciences, National Foundation announces the following process for awards. meeting: Science Foundation, Room 1045, 4201 Date and Time: November 2–3, 1995. Wilson Boulevard, Arlington, VA 22230, Name: Proposal Review Panel in Earth Place: St. James Hotel, Washington, DC. (703) 306–1827. Sciences (1569). Contact Person: Dr. Marietta Baba, Program Reason for Closing: The proposals Date and Time: November 01–03, 1995; Director for TQO, Division of Social, being reviewed include information of a 8:30 a.m. to 5:00 p.m. Behavioral and Economic Research, National proprietary or confidential nature, Place: National Science Foundation, 4201 Science Foundation, Room 995, 4201 Wilson including technical information, Wilson Boulevard, Arlington, VA 22230, Boulevard, Arlington, VA 22230. Telephone financial data such as salaries, and Room 770. (703) 306–1757. Type of Meeting: Closed. Agenda: To review and evaluate TQO personal information concerning Contact Person: Dr. Leonard E. Johnson, proposals as part of the selection process for individuals associated with the Program Director, Continental Dynamics awards. proposals. These matters are exempt Program, Division of Earth Sciences, Room Type of Meeting: Closed. under 5 USC 552b(c) (4) and (6) of the 785, National Science Foundation, 4201 Purpose of Meeting: To provide advice and Government in the Sunshine Act. Wilson Blvd., Arlington, VA 22230; recommendations concerning proposals Telephone: (703) 306–1559. Dated: October 10, 1995. submitted to NSF for financial support. Purpose of Meeting: To provide advice and Reason for Closing: The proposals being M. Rebecca Winkler, recommendations concerning proposals reviewed include information of a Committee Management Officer. submitted to NSF for financial support. proprietary or confidential nature, including [FR Doc. 95–25491 Filed 10–13–95; 8:45 am] Agenda: To review and evaluate technical information; financial data, such as Continental Dynamics proposals as part of BILLING CODE 7555±01±M salaries; and personal information the selection process for awards. concerning individuals associated with the Reason for Closing: The proposals being proposals. These matters are exempt under 5 reviewed include information of a Special Emphasis Panel in Cross U.S.C. 552b(c), (4) and (6) of the Government proprietary or confidential nature, including in the Sunshine Act. Disciplinary Activities; Notice of technical information; financial data, such as Meeting salaries; and personal information Dated: October 10, 1995. concerning individuals associated with the M. Rebecca Winkler, In accordance with the Federal proposals. These matters are exempt under 5 Committee Management Officer. Advisory Committee Act (Pub. L. U.S.C. 552b(c) (4) and (6) of the Government [FR Doc. 95–25493 Filed 10–13–95; 8:45 am] 920463, as amended), the National in the Sunshine Act. BILLING CODE 7555±01±M Science Foundation announces the Dated: October 10, 1995. following meeting. M. Rebecca Winkler, Name: Special Emphasis Panel in Cross- Committee Management Officer. Special Emphasis Panel in # Disciplinary Activities ( 1193). [FR Doc. 95–25487 Filed 10–13–95; 8:45 am] Geosciences; Notice of Meeting Date and Time: October 30, 1995, 8:30 a.m. to 5 p.m. BILLING CODE 7555±01±M In accordance with the Federal Place: St. James Hotel—950 24th St., NW, Advisory Committee Act (Pub. L. 92– Washington, DC 20037. 463, as amended), the National Science Contact Person(s): T.C. Ting and Rita Advisory Panel for Economics, Decision and Management Sciences; Foundation announces the following Rodriguez, Program Directors, CISE/OCDA, meeting: Room 1160, National Science Foundation, Notice of Meetings 4201 Wilson Boulevard, Arlington, VA Name: Special Emphasis Panel In 22230. In accordance with the Federal Geosciences. Type of Meeting: Closed. Advisory Committee Act (Pub. L. 92– Date and Time: Wednesday, Nov. 1– Telephone: (703) 306–1980. 463, as amended), the National Science Friday, Nov. 3, 1995, 8:30 a.m.–5 p.m. 53648 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Place: Woods Hole Oceanographic Inst., Dated: October 10, 1995. Science Foundation, 4201 Wilson Blvd., Woods Hole, MA, Clark South 271. M. Rebecca Winkler, Arlington, VA 22230. Telephone (703) 306– Type of Meeting: Closed. Committee Management Officer. 1815. Purpose of Meetings: To provide advice Contact Person: Dr. Donald Heinrichs, [FR Doc. 95–25492 Filed 10–13–95; 8:45 am] Section Head, National Science Foundation, and recommendations concerning pre- BILLING CODE 7555±01±M 4201 Wilson Blvd., Arlington, VA 22230. proposals submitted to NSF for financial Telephone: (703) 306–1576. support by the Materials Research Science and Engineering Center Program. Agenda: To review and evaluate the NSF Special Emphasis Panel in Human Agenda: Review and evaluate pre- Ocean Sciences AMS for routine operation of Resource Development; Notice of proposals as part of the selection process for the facility. Meeting subsequent solicitation of full proposals. Purpose of Meeting: The proposal being Reason for Closing: The proposals being reviewed includes information of a In accordance with the Federal reviewed may include information of a proprietary or confidential nature, including Advisory Committee Act (Pub. L. 92– proprietary or confidential nature, including technical information; financial data, such as 463, as amended), the National Science technical information, financial data such as salaries; and personal information Foundation announces the following salaries, and personal information concerning individuals associated with the meeting: concerning individuals associated with the proposal. These matters are exempt under 5 proposals. These matters are exempt under 5 Name: Special Emphasis Panel in Human U.S.C. 552b.(c) (4) and (6) of the Government U.S.C. 552b(c), (4) and (6) of the Government Resource Development (1199). in the Sunshine Act. in the Sunshine Act. Date and Time: November 1, 1995: 7 p.m. Reason for Closing: The meeting is closed to 9 p.m.; November 2, 1995: 8 a.m. to 5 p.m.; Dated: October 10, 1995. to the public because the Committee is November 3, 1995: 8 a.m. to 3:30 p.m. M. Rebecca Winkler, reviewing a proposal action that will include Place: Room 370, National Science Committee Management Officer. privileged intellectual property and personal Foundation, 4201 Wilson Boulevard, [FR Doc. 95–25490 Filed 10–13–95; 8:45 am] information that could harm individuals if Arlington, VA. they were disclosed. These matters are Type of Meeting: Closed. BILLING CODE 7555±01±M exempt under 5 U.S.C. 552b(c), (4) and (6) of Contact Person: Lola E. Rogers, Program the Government in the Sunshine Act. Director, Human Resource Development Division, Room 815, National Science Dated: October 10, 1995. NUCLEAR REGULATORY Foundation, 4201 Wilson Boulevard, COMMISSION M. Rebecca Winkler, Arlington, VA 22230, (703) 306–1637. Committee Management Officer. Purpose of Meeting: To provide advice and [Docket Nos. 50±295 and 50±304] [FR Doc. 95–25489 Filed 10–13–95; 8:45 am] recommendations concerning proposals submitted to NSF for financial support. Commonwealth Edison Company BILLING CODE 7555±01±M Agenda: To review and evaluate Notice of Consideration of Issuance of Experimental Projects for Women and Girls Amendment to Facility Operating proposals as part of the selection for awards. License, Proposed No Significant Special Emphasis Panel in Reason for Closing: The proposals being Hazards Consideration Determination, Geosciences; Notice of Meeting reviewed include information of a proprietary or confidential nature, including and Opportunity for a Hearing In accordance with the Federal technical information; financial data, such as The U.S. Nuclear Regulatory salaries; and personal information Advisory Committee Act (Public law Commission (the Commission) is 92–463, as amended), the National concerning individuals associated with the proposals. These matters are exempt under 5 considering issuance of an amendment Science Foundation announces the U.S.C. 552b(c), (4) and (6) of the Government to Facility Operating License Nos. DPR– following meeting: Sunshine Act. 39 and DPR–48 issued to Name: Special Emphasis Panel in Dated: October 10, 1995. Commonwealth Edison Company (the Geosciences (#1756) M. Rebecca Winkler, licensee) for operation of the Zion Date: October 30, 31 & November 1, 1995 Committee Management Officer. Nuclear Power Station, Units 1 and 2, located in Lake County, Illinois. Time: 8 am to 5:30 p.m. each day [FR Doc. 95–25488 Filed 10–13–95; 8:45 am] Place: Room 730, National Science The proposed amendment would Foundation, 4201 Wilson Blvd., Arlington, BILLING CODE 7555±01±M change the definition of the F* distance VA 22230 in the Technical Specifications. Type of Meeting: Closed Special Emphasis Panel in Materials Before issuance of the proposed Contact Person: Dr. Paul E. Filmer, Research; Notice of Meeting license amendment, the Commission Program Director for IAI, Office of the will have made findings required by the Assistant Director, GEO, Room 1071, In accordance with the Federal Atomic Energy Act of 1954, as amended National Science Foundation, Arlington, VA Advisory Committee Act (Pub. L. 92– (the Act) and the Commission’s (703) 306–1515. 463 as amended), the National Science regulations. Purpose of Meeting: To provide advice and Foundation announces the following The Commission has made a recommendations concerning proposals meetings: proposed determination that the submitted to NSF for financial support. Name: Special Emphasis Panel in Materials amendment request involves no Agenda: To review and evaluate Start-Up significant hazards consideration. Under Grants proposals as part of the selection Research (DMR). the Commission’s regulations in 10 CFR process for awards. Dates and Times: October 30, 1995, 7 p.m.–9 p.m.; October 31, 1995, 8 a.m.–9 p.m.; Reason for Closing: The proposals being 50.92, this means that operation of the November 1, 1995, 8 a.m.–6 p.m. reviewed include information of a facility in accordance with the proposed Place: National Science Foundation; 4201 amendment would not (1) involve a proprietary or confidential nature, including Wilson Boulevard, Arlington, VA 22230; technical information; financial data, such as significant increase in the probability or Rooms 375.1, 310, 340, 360, 380, and 390. consequences of an accident previously salaries; and personal information Type of Meetings: Closed. concerning individuals associated with Contact Person: Dr. W. Lance Haworth, evaluated; or (2) create the possibility of proposals. These matters are exempt under 5 Program Director, Materials Research Science a new or different kind of accident from U.S.C. 552b(c), (4) and (6) of the Government and Engineering Centers, Division of any accident previously evaluated; or in the Sunshine Act. Materials Research, Room 1065, National (3) involve a significant reduction in a Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53649 margin of safety. As required by 10 CFR however, it also increases the tube to reflective of the roller size, no uncertainty 50.91(a), the licensee has provided its tubesheet loading. need be considered. For subsequent analysis of the issue of no significant For a leak source below the F* Distance, inspections, the eddy current uncertainty hazards consideration, which is the maximum assumed pressure differential will be considered if new indications are results in an insignificant leak rate relative to discovered within the re-rolled region. Since presented below: that which could be associated with normal no new failure modes or mechanisms are 1. The proposed changes do not involve a plant operation. This is a result of the introduced by the proposed changes, no new significant increase in the probability of increased tube to tubesheet loading or different type of accident is created. occurrence or consequences of an accident associated with the increased differential An administrative change is being previously evaluated. pressure. Thus for a circumferential proposed to remove a footnote which is no Application of the F* criteria to degraded indication within the roll expansion that is longer applicable. This proposed changes steam generator tubes will not affect any of left in service in accordance with the F* will not create the possibility of a new or the initiators or precursors of any accident criteria, any leakage under accident different kind of accident from those previously evaluated. Application of the conditions would be less than that previously evaluated. proposed change will not increase the experienced under normal operating 3. The proposed changes do not involve a likelihood that a transient initiating event conditions. Therefore, any leakage under significant reduction in a margin of safety. will occur because transients are initiated by accident conditions would be less than the Plant safety margins are established equipment malfunction and/or catastrophic existing Technical Specification leakage through Limiting Conditions for Operation system failure. The proposed change will limit, which is consistent with accident (LCOs), limiting safety system settings, and allow an F* criteria of 1.05 inches to be analysis assumptions. safety limits specified in Technical applied to disposition steam generator tubes Steam generator tube integrity must be Specifications. There will be no changes to that are degraded in the tubesheet roll maintained under the postulated loss of the LCOs, limiting safety system settings, or transition region. The F* criteria specify a coolant accident condition of secondary-to- the safety limits as a result of the proposed minimum length of tubing which must be primary differential pressure. Based on tube changes. Application of the F* criteria will free from any indication of degradation. collapse strength characteristics, the allow degraded steam generator tubes to be Below the F* Distance, any type or size of constraint provided to the tube by the repaired by an alternative method to plugging indication, including complete tubesheet gives a margin between the tube or sleeving. Steam generator tube plugging circumferential through wall cracking, will collapse strength and the limiting secondary- decreases the total primary reactor coolant not impact the structural integrity of the tube to-primary differential pressure condition, flow rate and heat transfer capability of the with respect to pull out forces during normal even in the presence of circumferential or steam generator. While steam generator tube operation or accident conditions, and does axial indications. The maximum secondary- sleeving only slightly reduces the reactor not significantly affect the leakage behavior to-primary differential pressure during a coolant flow rate, large numbers of sleeves of the tube. postulated LOCA is 1005 psid. This value is can have a measurable effect on flow rate and While the Zion [Updated Final Safety significantly below the residual preload can complicate steam generator tube Analysis Report] UFSAR does not between the tubes and the tube sheet. inspection activities. specifically address the Feedwater Line Therefore, no significant secondary-to- Application of the F* criteria will allow a Break (FLB) accident, the FLB event was primary leakage would be expected to occur. repair method that will restore the integrity used as the limiting event in the evaluation In addition, the proposed changes will not of degraded steam generator tubes and will of the F* criteria. The FLB pressure affect the ability to safely shut down the not adversely affect primary system flow rate differential of 2650 psi maximizes the axial operating unit and mitigate the consequences or heat transfer capability. Application of the loading on the tube for pull out of an accident because the proposed changes F* criteria will preserve the heat transfer considerations and is bounding. In addition, will not necessitate changes to the emergency capability of the steam generators and will the close proximity of the tubesheet to the procedures governing accident conditions or maintain the design margins assumed in the tube will prevent tube rupture or collapse of plant recovery. analyses contained in the UFSAR. The the tube in the tubesheet span. Because An administrative change is also included alternate repair method will also be less application of the F* criteria will ensure that which deletes a footnote added for Unit 1 complicated, faster, and will reduce degraded tubes will provide the same with Amendment 167. This footnote personnel occupational exposure structural integrity as an original undegraded provided temporary relief and is no longer significantly. Based on the above discussion tube during normal operation and accident applicable. Those proposed changes will not it is concluded that the proposed changes conditions, the probability of occurrence of increase the probability of occurrence or will not significantly reduce a margin of an accident previously evaluated is not consequence of any accident previously safety. significantly increased. evaluated. The administrative change to remove a Application of the F* criteria will not 2. The proposed changes do not create the footnote which is no longer applicable will significantly increase the consequences of possibility of a new or different kind of not impact any margin of safety. any accident previously evaluated. The F* accident from any accident previously The NRC staff has reviewed the criteria ensure that sufficient length of evaluated. licensee’s analysis and, based on this undegraded tube exists to maintain structural The proposed changes to the Technical review, it appears that the three integrity and preclude significant leakage. Specifications do not involve the addition of standards of 10 CFR 50.92(c) are Due to the proximity of the tubesheet to the any new or different types of safety related satisfied. Therefore, the NRC staff tube, any leakage from degradations below equipment nor do they involve the operation the F* Distance would be negligible and of any equipment required for safe operation proposes to determine that the would be well below the Technical of the facility in a manner different from amendment request involves no Specification limits established for steam those addressed in the UFSAR. No safety significant hazards consideration. generator leakage. Tube rupture as a result of related equipment or function will be altered The Commission is seeking public indications below the F* Distance is as a result of the proposed changes. Also, the comments on this proposed precluded because the tubesheet prevents procedures governing normal plant operation determination. Any comments received outward expansion of the tube in response to and recovery from an accident are not within 30 days after the date of internal pressure. changed by the application of the F* criteria. publication of this notice will be The relationship between the tubesheet The F* criteria will allow the use of an considered in making any final region leak rate at the most limiting alternate method to plugging or sleeving to postulated accident conditions relative to repair steam generator tubes with determination. that for normal plant operating conditions degradation in the tubesheet region. The F* Normally, the Commission will not has been assessed. For the postulated leak criteria ensure that both the structural issue the amendment until the source within the roll expansion, increasing integrity and leak tight nature of the steam expiration of the 30-day notice period. the differential pressure on the tube wall generator tube will be equivalent to the However, should circumstances change increases the driving head for the leak; original tube. Because the distance will be during the notice period such that 53650 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices failure to act in a timely way would request and/or petition; and the contention will not be permitted to result, for example, in derating or Secretary or the designated Atomic participate as a party. shutdown of the facility, the Safety and Licensing Board will issue a Those permitted to intervene become Commission may issue the license notice of hearing or an appropriate parties to the proceeding, subject to any amendment before the expiration of the order. limitations in the order granting leave to 30-day notice period, provided that its As required by 10 CFR 2.714, a intervene, and have the opportunity to final determination is that the petition for leave to intervene shall set participate fully in the conduct of the amendment involves no significant forth with particularity the interest of hearing, including the opportunity to hazards consideration. The final the petitioner in the proceeding, and present evidence and cross-examine determination will consider all public how that interest may be affected by the witnesses. and State comments received. Should results of the proceeding. The petition If a hearing is requested, the the Commission take this action, it will should specifically explain the reasons Commission will make a final publish in the Federal Register a notice why intervention should be permitted determination on the issue of no of issuance and provide for opportunity with particular reference to the significant hazards consideration. The for a hearing after issuance. The following factors: (1) the nature of the final determination will serve to decide Commission expects that the need to petitioner’s right under the Act to be when the hearing is held. If the final determination is that the take this action will occur very made party to the proceeding; (2) the amendment request involves no infrequently. nature and extent of the petitioner’s significant hazards consideration, the Written comments may be submitted property, financial, or other interest in Commission may issue the amendment by mail to the Rules Review and the proceeding; and (3) the possible and make it immediately effective, Directives Branch, Division of Freedom effect of any order which may be notwithstanding the request for a of Information and Publications entered in the proceeding on the hearing. Any hearing held would take Services, Office of Administration, U.S. petitioner’s interest. The petition should Nuclear Regulatory Commission, place after issuance of the amendment. also identify the specific aspect(s) of the If the final determination is that the Washington, DC 20555, and should cite subject matter of the proceeding as to the publication date and page number of amendment request involves a which petitioner wishes to intervene. significant hazards consideration, any this Federal Register notice. Written Any person who has filed a petition for comments may also be delivered to hearing held would take place before leave to intervene or who has been the issuance of any amendment. Room 6D22, Two White Flint North, admitted as a party may amend the 11545 Rockville Pike, Rockville, A request for a hearing or a petition petition without requesting leave of the Maryland, from 7:30 a.m. to 4:15 p.m. for leave to intervene must be filed with Board up to 15 days prior to the first Federal workdays. Copies of written the Secretary of the Commission, U.S. prehearing conference scheduled in the comments received may be examined at Nuclear Regulatory Commission, proceeding, but such an amended the NRC Public Document Room, the Washington, DC 20555, Attention: petition must satisfy the specificity Gelman Building, 2120 L Street, NW., Docketing and Services Branch, or may requirements described above. Washington, DC. be delivered to the Commission’s Public The filing of requests for hearing and Not later than 15 days prior to the first Document Room, the Gelman Building, petitions for leave to intervene is prehearing conference scheduled in the 2120 L Street, NW., Washington, DC, by discussed below. proceeding, a petitioner shall file a the above date. Where petitions are filed By November 15, 1995, the licensee supplement to the petition to intervene during the last 10 days of the notice may file a request for a hearing with which must include a list of the period, it is requested that the petitioner respect to issuance of the amendment to contentions which are sought to be promptly so inform the Commission by the subject facility operating license and litigated in the matter. Each contention a toll-free telephone call to Western any person whose interest may be must consist of a specific statement of Union at 1 (800) 248–5100 (in Missouri affected by this proceeding and who the issue of law or fact to be raised or 1 (800) 342–6700). The Western Union wishes to participate as a party in the controverted. In addition, the petitioner operator should be given Datagram proceeding must file a written request shall provide a brief explanation of the Identification Number N1023 and the for a hearing and a petition for leave to bases of the contention and a concise following message addressed to Robert intervene. Requests for a hearing and a statement of the alleged facts or expert A. Capra, Director, Project Directorate petition for leave to intervene shall be opinion which support the contention III–2: petitioner’s name and telephone filed in accordance with the and on which the petitioner intends to number, date petition was mailed, plant Commission’s ‘‘Rules of Practice for rely in proving the contention at the name, and publication date and page Domestic Licensing Proceedings’’ in 10 hearing. The petitioner must also number of this Federal Register notice. CFR Part 2. Interested persons should provide references to those specific A copy of the petition should also be consult a current copy of 10 CFR 2.714 sources and documents of which the sent to the Office of the General which is available at the Commission’s petitioner is aware and on which the Counsel, U.S. Nuclear Regulatory Public Document Room, the Gelman petitioner intends to rely to establish Commission, Washington, DC 20555, Building, 2120 L Street, NW., those facts or expert opinion. Petitioner and to Michael I. Miller, Esquire, Sidley Washington, DC, and at the local public must provide sufficient information to and Austin, One First National Plaza, document room located at the show that a genuine dispute exists with Chicago, Illinois 60690, attorney for the Waukegan Public Library, 128 North the applicant on a material issue of law licensee. County Street, Waukegan, Illinois or fact. Contentions shall be limited to Nontimely filings of petitions for 60085. If a request for a hearing or matters within the scope of the leave to intervene, amended petitions, petition for leave to intervene is filed by amendment under consideration. The supplemental petitions and/or requests the above date, the Commission or an contention must be one which, if for hearing will not be entertained Atomic Safety and Licensing Board, proven, would entitle the petitioner to absent a determination by the designated by the Commission or by the relief. A petitioner who fails to file such Commission, the presiding officer or the Chairman of the Atomic Safety and a supplement which satisfies these presiding Atomic Safety and Licensing Licensing Board Panel, will rule on the requirements with respect to at least one Board that the petition and/or request Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53651 should be granted based upon a monthly fees for the use of optional ILX dues, fees, and other charges among balancing of the factors specified in 10 features by such members. CBOE members and other persons using CFR 2.714(a)(1)(i)–(v) and 2.714(d). CBOE facilities. For further details with respect to this II. Self-Regulatory Organization’s (B) Self-Regulatory Organization’s action, see the application for Statement of the Purpose of, and Statement on Burden on Competition amendment dated October 6, 1995, Statutory Basis for, the Proposed Rule which is available for public inspection Change The CBOE believes that the proposed at the Commission’s Public Document In its filing with the Commission, the rule change will impose no burden on Room, the Gelman Building, 2120 L self-regulatory organization included competition. Street, NW., Washington, DC, and at the statements concerning the purpose of (C) Self-Regulatory Organization’s local public document room located at and basis for the proposed rule change Statement on Comments on the the Waukegan Public Library, 128 North and discussed any comments it received Proposed Rule Change Received from County Street, Waukegan, Illinois on the proposed rule change. The text Members, Participants, or Others 60085. of these statements may be examined at Written comments on the proposed Dated at Rockville, Maryland, this 10th day the places specified in Item IV below. The self-regulatory organization has rule change were neither solicited nor of October 1995. received. For the Nuclear Regulatory Commission. prepared summaries, set forth in Sections (A), (B) and (C) below, of the Clyde Y. Shiraki, III. Date of Effectiveness of the most significant aspects of such Proposed Rule Change and Timing for Project Manager, Project Directorate III–2, statements. Division of Reactor Projects—III/IV, Office of Commission Action Nuclear Reactor Regulation. (A) Self-Regulatory Organization’s Because the proposed rule change [FR Doc. 95–25539 Filed 10–13–95; 8:45 am] Statement of the Purpose of, and establishes a due, fee, or other charge BILLING CODE 7590±01±P Statutory Basis for, the Proposed Rule imposed by the Exchange, it has become Change effective pursuant to Section 19(b)(3)(A) In 1994, the Commission approved of the Act and subparagraph (e) of Rule SECURITIES AND EXCHANGE the CBOE’s establishment of a monthly 19b–4 thereunder. At any time within COMMISSION $350 fee per terminal to members who 60 days of the filing of such proposed install the ILX/WDN PC terminal at rule change, the Commission may [Release No. 34±36349; File No. SR±CBOE± summarily abrogate such rule change if 95±53] their floor booth locations and use the ILX basic package or features.3 The ILX/ it appears to the Commission that such Self-Regulatory Organizations; Notice WDN PC terminal uses Windows-based action is necessary or appropriate in the of Filing and Immediate Effectiveness software and includes an ILX window public interest, for the protection of investors, or otherwise in furtherance of of Proposed Rule Change by the for display of market data and a CBOE the purposes of the Act. Chicago Board Options Exchange, WDN window for internal CBOE Incorporated Relating to Monthly Fees displays and functions. IV. Solicitation of Comments for the Use of Optional ILX Features by The CBOE proposes to establish new Interested persons are invited to its Members monthly fees which will allow members submit written data, views and to access one or more optional ILX arguments concerning the foregoing. October 6, 1995. news, market data and informational Pursuant to Section 19(b)(1) of the Persons making written submissions features that are not included in the should file six copies thereof with the Securities Exchange Act of 1934 basic ILX package. The new fees will be (‘‘Act’’),1 notice is hereby given that on Secretary, Securities and Exchange outlined in detail in a Regulatory Commission, 450 Fifth Street, N.W., September 5, 1995, the Chicago Board Circular which will be issued to the Options Exchange, Incorporated Washington, D.C. 20549. Copies of the Exchange’s membership. A number of submission, all subsequent (‘‘CBOE’’ or ‘‘Exchange’’) filed with the the optional ILX features have been Securities and Exchange Commission amendments, all written statements available since June 1994, while other with respect to the proposed rule (‘‘Commission’’) the proposed rule optional ILX data services have just change as described in Items I, II, and change that are filed with the recently been introduced.4 After a Commission, and all written III below, which Items have been member notifies the CBOE’s Trading prepared by the self-regulatory communications relating to the Operations Department of the optional proposed rule change between the organization. The Commission is feature(s) requested for a designated publishing this notice to solicit Commission and any person, other than floor booth ILX/WDN PC terminal(s), those that may be withheld from the comments on the proposed rule change ILX will switch on the chosen feature(s) from interested persons. public in accordance with the or ‘‘entitlement(s)’’ from a remote provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s location to enable the CBOE member’s available for inspection and copying in Statement of the Terms of Substance of terminal(s) to receive the data. the Commission’s Public Reference the Proposed Rule Change The CBOE believes that its proposal is Section, 450 Fifth Street, N.W., consistent with Section 6(b)(4) of the The CBOE proposes to establish, in Washington, D.C. Copies of such filing Act in that it is designed to provide for will also be available for inspection and addition to the existing monthly fee the equitable allocation of reasonable paid by CBOE members who install and copying at the principal office of the above-mentioned self-regulatory use the basic ILX/WDN PC terminal Securities Exchange Act Release No. 33983 (May 6, package 2 in their floor booth locations, organization. All submissions should 1994), 59 FR 23756. refer to File No. SR–CBOE–95–53 and 3 See Securities Exchange Act Release No. 33983 1 15 U.S.C. 78s(b)(1) (1988). (April 29, 1994), 59 FR 23756. should be submitted by November 6, 2 The ILX/WDN terminals use Windows-based 4 The Commission notes that the CBOE’s proposal 1995. software and include an ILX window for the display only is applicable to fees collected after the date of of market data, and a CBOE WDN window for effectiveness of its proposal, and not to any fees internal CBOE displays and functions. See collected prior to such date. 53652 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
For the Commission, by the Division of II. Self-Regulatory Organization’s agency.5 Under the proposed rule Market Regulation, pursuant to delegated Statement of the Purpose of, and change, revised MSRB rule G–12(b) authority.5 Statutory Basis for, the Proposed Rule would require that the settlement date Jonathan G. Katz, Change for when, as and if issued (‘‘when- Secretary. In its filing with the Commission, the issued’’) transactions eligible for [FR Doc. 95–25551 Filed 10–13–95; 8:45 am] MSRB included statements concerning automated comparison not be earlier than two business days after notification BILLING CODE 8010±01±M the purpose of and basis for the proposed rule change and discussed any of the initial settlement date for the comments it received on the proposed issue is provided by the managing rule change. The text of these statements underwriter to the register clearing [Release No. 34±36352; File No. SR±MSRB± may be examined at the places specified agency. These changes reflect current 95±14] in Item IV below. The MSRB has capabilities of the automated prepared summaries, set forth in comparison system to process when- Self-Regulatory Organizations; issued transactions. Municipal Securities Rulemaking sections (A), (B), and (C) below, of the most significant aspects of such MSRB rule G–12(b) currently requires Board; Notice of Filing of a Proposed statements.2 that the settlement date of a when- Rule Change Relating to the issued transaction for the rare inter- Settlement Dates for ``When, As and If A. Self-Regulatory Organization’s dealer transactions not eligible for Issued'' Transactions, the Statement of the Purpose of, and automated comparison not be earlier Confirmation of Inter-Dealer Statutory Basis for, the Proposed Rule than the fifth business day following the Transactions, and Providing New Issue Change date the physical confirmation Information to Registered Securities On February 28, 1995, the indicating final settlement date is sent Clearing Agencies Commission approved amendments to (six days for syndicate transactions).6 MSRB rules G–12(b) and G–15(b) The proposed rule change would October 6, 1995. redefining regular-way settlement as require that the settlement date for such Pursuant to Section 19(b)(1) of the three rather than five business days ineligible when-issued transactions, Securities Exchange Act of 1934 (‘‘T+3 settlement’’).3 Since that time, the including syndicate transactions, not be (‘‘Act’’),1 notice is hereby given that on MSRB has been reviewing its rules to earlier than the third business day August 15, 1995, the Municipal determine other appropriate changes to following the date that the confirmation accommodate T+3 settlement within the indicating final settlement is sent. Securities Rulemaking Board (‘‘MSRB’’) The proposed rule change also would filed with the Securities and Exchange municipal securities market. The proposed rule change seeks to amend MSRB rule G–12(c) concerning Commission (‘‘Commission’’) a the sending of confirmations for inter- proposed rule change (File No. SR– amend MSRB rules G–12 and G–34 to modify the requirements for setting dealer transactions not eligible for MSRB–95–14) as described in items I, II, settlement dates for ‘‘when, as and if automated comparison. For such and III below, which items have been issued’’ transactions and for the ineligible when-issued transactions, the prepared primarily by the MSRB. The confirmation of inter-dealer proposed rule change would reduce the Commission is publishing this notice to transactions. The proposed change also time period for sending (1) the initial solicit comments on the proposed rule seeks to modify and reorganize the confirmation from two business days to change from interested persons. requirements for providing new issue one business day after trade date, and (ii) the final confirmation from five I. Self-Regulatory Organization’s information to registered securities clearing agencies. Finally, the proposal business days to three business days Statement of the Terms of Substance of prior to final settlement. For regular- the Proposed Rule Change also seeks to make technical changes to rule language to clarify the different way transactions ineligible for The purpose of the proposed rule is processing requirements for transactions automated comparison, the proposed to amend MSRB rules G–12 and G–34 to that are eligible for automated rule change would change the modify the requirements for the setting comparison through the facilities of a requirement for sending a confirmation of settlement dates for ‘‘when, as and if registered clearing agency as opposed to from one business day after trade date issued’’ transactions and for the those that are not eligible. These to trade date. The changes to rules G–12(b) and G– confirmation of inter-dealer amendments seek to advance T+3 settlement in the municipal securities 12(c) generally accelerate the timing for transactions. The proposal also seeks to sending confirmations and allow for the modify and reorganize the requirements market and are designed generally to facilitate automated clearance and settlement of when-issued transactions for providing new issue information to in a shorter time frame. The MSRB registered securities clearing agencies. settlement of municipal securities and Finally, the proposal seeks to make to support the MSRB’s Transaction Reporting Program.4 5 MSRB rule G–12(b) requires the underwriter to technical changes to rule language to MSRB rule G–12(f) requires all inter- provide the initial settlement date for a new issue to the registered clearing agency offering automated clarify the different processing dealer transactions eligible for requirements for transactions that are comparison services as soon as the initial automated comparison to be compared settlement date is known or immediately upon a eligible for automated comparison in an automated comparison system change. This requirement continues in effect under through the facilities of a registered operated by a registered clearing the proposed rule change by cross-reference in clearing agency as opposed to those that revised rule G–12(b)(2)(C) to new rule G– 34(a)(ii)(D)(2). Generally, the automated comparison are not eligible. The MSRB requests that 2 The Commission has modified the text of the system requires two days advance notice of the the amendments be made effective summaries submitted by the MSRB. initial settlement date of an issue from the thirty days after approval by the 3 Securities Exchange Act Release No. 35427 underwriter to process when-issued transactions for Commission. (February 28, 1995), 60 FR 12798 [File No. SR– the underwriter and all other dealers. MSRB–94–10] (order approving proposed rule 6 Nearly all new issue municipal securities are change). eligible for automated comparison with the 5 17 CFR 200.30–3(a)(12) (1994). 4 MSRB rule G–14 sets forth the Transaction exception of those that do not meet the CUSIP 1 15 U.S.C. 78s(b)(1) (1988). Reporting Procedures for inter-dealer transactions. numbering eligibility requirements. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53653 believes that these changes will allow As set forth in Section 15B(b)(2)(C) 9 Register or within such longer period (i) for more efficient clearance and of the Act, the MSRB has the authority as the Commission may designate up to settlement and will help conform the to adopt rules to foster cooperation with ninety days of such date if it finds such municipal securities market to the persons engaged in regulating, clearing, longer period to be appropriate and shorter settlement cycle. settling, processing information with publishes its reasons for so finding or In addition, the proposed rule change respect to, and facilitating transactions (ii) as to which the MSRB consents, the in municipal securities. The MSRB also would amend MSRB rule G–34 to Commission will: has the authority to adopt rules to require underwriters to submit interest remove impediments to and perfect the (a) By order approve such proposed rate and final maturity information mechanism of a free and open market in rule change or about new issues to the registered municipal securities, and in general to (b) Institute proceedings to determine clearing agency offering comparison protect investors and the public interest. whether the proposed rule change services as soon as such information is The MSRB believes the proposed rule should be disapproved. known and would reformat the existing change is consistent with Section requirements of the rule. The MSRB is The MSRB requests that the 15B(b)(2)(C) because the proposal Commission delay effectiveness of the aware of instances in which incomplete should facilitate more efficient proposed rule change until thirty days or inaccurate security descriptions for clearance and settlement and should after the approval by the Commission is new issue municipal securities are assist the municipal securities market in published in the Federal Register to available in the initial days of trading in conforming with T+3 settlement by the issue. The MSRB’s Transaction fostering efficient and accurate reporting ensure that underwriting practices are Reporting Program and participants in of transaction information and in compliance with the rule change. the municipal securities market rely on accelerating the confirmation and IV. Solicitation of Comments accurate and complete security settlement time frames for when-issued descriptions in the automated transactions. Interested people are invited to comparison system. The new submit written data, views, and B. Self-Regulatory Organization’s requirement is designed to ensure that arguments concerning the foregoing. Statement on Burden on Competition the registered securities clearing Persons making written submissions agencies have the information necessary The MSRB does not believe that the should file six copies thereof with the to provide accurate descriptions and to proposed rule change will impose any Secretary, Securities and Exchange calculate accurately final money burden on competition not necessary or Commission, 450 Fifth Street, NW., amounts. Because the MSRB’s appropriate in furtherance of the Washington, DC 20549. Copies of the Transaction Reporting Program is linked purposes of the Act because it would submissions, all subsequent apply equally to all brokers, dealers, and to the National Securities Clearing amendments, all written statements municipal securities dealers. Corporation’s (‘‘NSCC’’) automated with respect to the proposed rule 7 comparison system, the proposed C. Self-Regulatory Organization’s change that are filed with the amendment also will facilitate accurate Statement on Comments on the Commission, and all written prices and security descriptions in Proposed Rule Change Received from communications relating to the NSCC system. Members, Participants, or Others proposed rule change between the The proposed rule change moves the In April 1995, the MSRB published Commission and any person, other than requirement that underwriters provide for comment an earlier version of the those that may be withheld from the the registered clearing agency with proposed rule change to rules G–12(b) public in accordance with the notification of settlement date as soon as and G–34. One comment letter was provisions of 5 U.S.C. 552, will be it is known from rule G–12(b) to rule G– received in response to this request.10 available for inspection and copying in 34. The placement of this requirement The commentator was generally the Commission’s Public Reference within rule G–34 is part of the MSRB’s supportive of the proposed rule change. Room. Copies of the filing will also be plan to include basic new issue The proposed rule change was revised available for inspection and copying at requirements for underwriters within by the MSRB at its July 1995 meeting to the principal offices of the MSRB. All one rule.8 Finally, the proposed rule add clarifying language to the submissions should refer to File No. change also makes technical changes in amendments and to ensure consistency SR–MSRB–95–14 and should be rule language to clarify the different between the requirements of rule G– submitted by November 6, 1995. processing requirements for transactions 12(b) and G–12(c). that are eligible for automated For the Commission by the Division of III. Date of Effectiveness of the comparison as opposed to those Market Regulation, pursuant to delegated Proposed Rule Change and Timing for authority.11 transactions that are ineligible for Commission Action automated comparison. Jonathan G. Katz, Within thirty-five days of the date of Secretary. 7 As set forth in detail in MSRB rule G–14, publication of this notice in the Federal [FR Doc. 95–25510 Filed 10–13–95; 8:45 am] brokers, dealers, or municipal securities dealers BILLING CODE 8010±01±M must submit or cause the submission of specified 9 15 U.S.C. 78o–4(b)(2)(C). transaction information for any transaction eligible 10 In addition to submitting comments pertaining to be compared in NSCC’s automated system to two other proposed rule changes by the MSRB, directly to NSCC or to another registered clearing Goldman, Sachs & Co. stated that it fully supports agency linked with NSCC for the purpose of the amendments proposed in this rule filing (SR– automated comparison. MSRB–95–14) but indicated that the mechanism for 8 Rule G–34 currently requires underwriters, for reporting prior to award both the interest rate and new issue municipal securities: (1) to apply for final maturity for any new issue will require some CUSIP numbers; (ii) to apply for depository system developments. Letter from Edward C. eligibility; and (iii) to communicate CUSIP numbers Brisotti, Vice President, Operations Division, and the initial trade date to syndicate and selling Goldman, Sachs & Co. to Judith A. Somerville, group members. Uniform Practice Specialist, MSRB (May 31, 1995). 11 17 CFR 200.30–3(a)(12) (1994). 53654 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
[Release No. 34±36350; File No. SR±PSE± II. Self-Regulatory Organization’s limits set by the exchange on which the 95±17] Statement of the Purpose of, and transaction is effected.5 Statutory Basis for, the Proposed Rule (b) Statutory Basis Self-Regulatory Organizations; Notice Change of Filing and Order Granting The PSE believes that the proposal is Accelerated Approval of Proposed In its filing with the Commission, the consistent with Section 6(b) of the Act, Rule Change by the Pacific Stock self-regulatory organization included in general, and with Section 6(b)(5), in Exchange, Inc., Relating to Members' statements concerning the purpose of particular, in that it is designed to Compliance With Position and and basis for the proposed rule change remove impediments to a free and open Exercise Limits for Non-PSE Listed and discussed any comments it received market, to promote just and equitable Options on the proposed rule change. The text principles of trade, and to protect of these statements may be examined at investors and the public interest. October 6, 1995. the places specified in Item IV below. (B) Self-Regulatory Organization’s Pursuant to Section 19(b)(1) of the The self-regulatory organization has Statement on Burden on Competition Securities Exchange Act of 1934 prepared summaries, set forth in sections (A), (B), and (C) below, of the The PSE does not believe that the (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is proposed rule change will impose any hereby given that on August 15, 1995, most significant aspects of such statements. burden on competition that is not the Pacific Stock Exchange, Inc. (‘‘PSE’’ necessary or appropriate in furtherance or ‘‘Exchange’’) filed with the Securities (A) Self-Regulatory Organization’s of the purposes of the Act. and Exchange Commission (‘‘SEC’’ or Statement of the Purpose of, and (C) Self-Regulatory Organization’s ‘‘Commission’’) the proposed rule Statutory Basis for, the Proposed Rule Statement on Comments on the change as described in Items I and II Change below, which Items have been prepared Proposed Rule Change Received From by the self-regulatory organization.1 The (a) Purpose Members, Participants or Others Written comments on the proposed Commission is publishing this notice to The purpose of the proposed rule rule change were neither solicited nor solicit comments on the proposed rule change is to eliminate a jurisdictional received. change from interested persons. loophole whereby a PSE member who I. Self-Regulatory Organization’s exceeds position or exercise limits on III. Date of Effectiveness of the Statement of the Terms of Substance of another options exchange in an options Proposed Rule Change and Timing for the Proposed Rule Change issue not listed on the PSE, and who is Commission Action not a member of the other exchange, The PSE has requested that the The PSE proposes to amend PSE falls outside of both the PSE’s and the proposed rule change be given Rules 6.8, ‘‘Position Limits,’’ and 6.9, other options exchange’s jurisdiction for accelerated effectiveness pursuant to ‘‘Exercise Limits,’’ to require PSE position and exercise limit purposes.3 Section 19(b)(2) of the Act.6 members who trade non-PSE-listed The PSE notes that PSE Rules 6.8 and The Commission finds that the option contracts and who are not 6.9 prohibit PSE members from proposed rule change is consistent with members of the exchange where the establishing or exercising excessive the requirements of the Act and the options are traded to comply with the positions in PSE-listed options rules and regulations thereunder option position and exercise limits set contracts; however, they do not prohibit applicable to a national securities by the exchange where the transactions PSE members from exceeding applicable exchange, and, in particular, the are effected.2 position and exercise limits set by other requirements of Section 6(b)(5) options exchanges for non-PSE-listed thereunder 7 in that it is designed to The text of the proposed rule change option contracts. If the PSE member is prevent fraudulent and manipulative is available at the Office of the not a member of the other exchange that acts and practices and to protect Secretary, PSE and at the Commission. lists the option contracts, then the other investors and the public interest. exchange cannot enforce its position Specifically, the PSE has noted that 1 The PSE requested accelerated approval of the and exercise requirements against the Exchange rules do not currently prohibit proposed rule change. See Letter from Michael PSE member either.4 Pierson, Senior Attorney, Market Regulation, PSE, PSE members from exceeding the to Yvonne Fraticelli, Office of Market Supervision The proposed amendments will position and exercise limits set by (‘‘OMS’’), Division of Market Regulation extend the PSE’s position and exercise another exchange for non-PSE listed (‘‘Division’’), Commission, dated August 21, 1995 limit rules to apply to option contracts option contracts. Thus, if the PSE (‘‘Amendment No. 1’’). On September 12, 1995, the dealt in on any exchange (rather than member is not a member of the PSE amended its proposal to clarify that in applying exchange which lists the options, then the position and exercise limit rules of another only to option contracts dealt in on the options exchange, the PSE will also follow the PSE) by requiring a PSE member who is neither the PSE nor the exchange that applicable exemptions, interpretations, and policies effecting transactions in non-PSE-listed lists the options is able to enforce its of that exchange. See Letter from Michael D. option contracts on another exchange, of position and exercise limits against the Pierson, Senior Attorney, Market Regulation, PSE, which he or she is not a member, to PSE member. The proposal eliminates to Yvonne Fraticelli, OMS, Division, Commission, this loophole and strengthens the dated September 11, 1995 (‘‘Amendment No. 2’’). comply with the position and exercise 2 Position limits impose a ceiling on the number Exchange’s rules by requiring a PSE member who trades non-PSE listed of option contracts in each class on the same side 3 The Commission notes that, generally, the of the market (i.e., aggregating long calls and short options exchanges have adopted uniform options puts or long puts and short calls) that can be held position and exercise limits. 5 In applying the position and exercise limits of or written by an investor or group of investors 4 The proposal applies to transactions in index another options exchange, the PSE will also follow acting in concert. Exercise limits prohibit an options as well as equity options. Telephone any applicable exemptions, interpretations, and investor or group of investors acting in concert from conversation between Michael Pierson, Senior policies of that exchange. See Amendment No. 2, exercising more than a specified number of puts or Attorney, Market Regulation, PSE, and Yvonne supra note 1. calls in a particular class within five consecutive Fraticelli, Attorney, OMS, Division, Commission, 6 See Amendment No. 1, supra note 1. business days. on September 22, 1995. 7 15 U.S.C. 78f(b)(5) (1982). Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53655 option contracts on another exchange, were subject to the full notice and [Release No. 34±36351; File No. SR±Phlx± and who is not a member of that comment period and the Commission 95±49] exchange, to comply with the options received no comments on those position and exercise limits set by the Self-Regulatory Organizations; proposals. Therefore, the Commission Philadelphia Stock Exchange, Inc.; exchange where the transactions are believes it is consistent with Sections effected.8 Order Granting Approval to Proposed 6(b)(5) and 19(b)(2) of the Act to Rule Change Relating to Personnel As the Commission has noted in the approve the PSE’s proposal on an Fingerprinting Requirements past,9 options position and exercise accelerated basis. limits are intended to prevent the October 6, 1995. establishment of large options positions IV. Solicitation of Comments On July 3, 1995, the Philadelphia that can be used or might create Interested persons are invited to Stock Exchange, Inc. (‘‘Phlx’’ or incentives to manipulate or disrupt the ‘‘Exchange’’) submitted to the Securities underlying market so as to benefit the submit written data, views and arguments concerning the foregoing. and Exchange Commission options position. In particular, position (‘‘Commission’’), pursuant to Section exercise limits are designed to minimize Persons making written submissions should file six copies thereof with the 19(b)(1) of the Securities Exchange Act the potential for mini-manipulations 10 of 1934 (‘‘Act’’) 1 and Rule 19b–4 Secretary, Securities and Exchange and for corners or squeezes of the thereunder,2 a proposed rule change to Commission, 450 Fifth Street, N.W., underlying market. In addition, they incorporate the requirements of section serve to reduce the possibility for Washington, D.C. 20549. Copies of the 17(f)(2) of the Act,3 and Rule 17f–2 4 disruption of the options market itself, submission, all subsequent thereunder into the Phlx’s rules. On July especially in illiquid option classes. The amendments, all written statements 25, 1995, the Exchange filed proposal extends the benefits of the with respect to the proposed rule Amendment No. 1 to request that its position and exercise limit rules to change that are filed with the Minor Rule Plan (‘‘MRP’’) be amended include all options transactions entered Commission, and all written to incorporate the rule proposed into by PSE members. communications relating to the herein.5 As noted above, the proposed proposed rule change between the The proposed rule change, together amendments will extend PSE Rules 6.8 Commission and any person, other than with Amendment No. 1, was published and 6.9 to apply to option contracts those that may be withheld from the for comment in the Federal Register on dealt in on any exchange (rather than public in accordance with the August 22, 1995.6 No comments were only to option contracts dealt in on the provisions of 5 U.S.C. 552, will be received on the proposal. On October 3, PSE) by requiring a PSE member who available for inspection and copying at 1995, the Exchange filed a technical effects transactions in non-PSE-listed the Commission’s Public Reference amendment to correct a cross-reference option contracts on another exchange, of Section, 450 Fifth Street, N.W., in the text of the proposed rule.7 This which he or she is not a member, to Washington, D.C. Copies of such filing order approves the proposal, as comply with the position and exercise will also be available for inspection and amended. limits set by the exchange on which the copying at the principal office of the The Exchange proposes to adopt Phlx transaction is effected. Such violations, above-mentioned self-regulatory Rule 623, which would require consistent with any violation of the 8 organization. All submissions should members and participant organizations PSE’s position and exercise limit rules, refer to the file number in the caption to comply with the requirements of will be subject to fines imposed Section 17(f)(2) of the Act concerning pursuant to PSE Rule 10.13, ‘‘Minor above and should be submitted by November 6, 1995. the fingerprinting of required Rule Plan’’ or any other disciplinary employees.9 It also would require action the PSE deems appropriate. It is therefore ordered, pursuant to applicants for membership to be The Commission finds good cause for Section 19( )(2) of the Act,12 that the fingerprinted as part of the Phlx’s approving the proposed rule change proposed rule change (File No. SR–PSE– membership application process. prior to the thirtieth day after the date 95–17), as amended, is approved on an Finally, Phlx Rule 623 would require of publication of notice of filing thereof accelerated basis. 1 in the Federal Register because the For the Commission, by the Division of 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. proposal is identical to approved Market Regulation, pursuant to delegated 3 15 U.S.C. 78q(f)(2). proposals submitted by the Chicago authority.13 Board Options Exchange, Inc. (‘‘CBOE’’) 4 17 CFR 240.17f–2. Jonathan G. Katz, 5 See Letter from Gerald O’Connell, First Vice and the Philadelphia Stock Exchange, President, Phlx, to Glen Barrentine, Team Leader, 11 Secretary. Inc. The CBOE and PHLX proposals Division of Market Regulations, SEC (July 24, 1995). [FR Doc. 95–25552 Filed 10–13–95; 8:45 am] 6 Securities Exchange Act Release No. 36108 8 In applying the position and exercise limits of BILLING CODE 8010±01±M (Aug. 16, 1995), 60 FR 43630. another options exchange, the PSE will also follow 7 This technical amendment removes an incorrect any applicable exemptions, interpretations, and reference to Rule 17f–1 from the proposal and policies of that exchange. See Amendment No. 2, substitutes the correct reference to Rule 17f–2. See supra note 1. Letter from Edith Hallahan, Special Counsel, Phlx, 9 See, e.g., Securities and Exchange Act Release to Glen Barrentine, Team Leader, SEC (Oct. 3, No. 33283 (December 3, 1993), 58 FR 65204 1995). (December 13, 1993) (order approving File No. SR– 8 A participant organization refers to a foreign CBOE–93–43). currency options participant organization. 10 Mini-manipulation is an attempt to influence, 9 15 U.S.C. 78q(f)(2) (requiring every member of over a relatively small range, the price movement a national securities exchange, broker, dealer, in a stock to benefit a previously established registered transfer agent, and registered clearing derivatives position. agency to fingerprint each of its partners, directors, (September 28, 1995) (order approving File No. SR– 11 See Securities Exchange Act Release Nos. 3642 officers, and employees and submit such PHLX–95–31). (September 18, 1995), 60 FR 49305 (September 22, fingerprints to the Attorney General of the United 1995) (order approving File No. SR–CBOE–22) and 12 15 U.S.C. 78s(b)(2) (1982). States or its designee for identification and 36257 (September 20, 1995), 60 FR 50228 13 17 CFR 200.30–3(a)(12) (1994). appropriate processing). 53656 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices member organizations to submit such The Commission agrees with the effectively enforce compliance by its fingerprints to the Exchange for Exchange and believes that including members and member organizations processing prior to any employee the Commission’s fingerprinting with both the Commission’s and the performing functions that are not requirements in the Phlx’s rules should Exchange’s rules. exempted by Rule 17f–2.10 The facilitate compliance by providing If, however, the Exchange determines Exchange maintains that incorporating Exchange members with the that a violation of one of these rules is the fingerprinting requirement into the Commission’s fingerprinting not minor in nature, the Exchange Phlx’s rules should facilitate requirements also should assist in the retains the discretion to initiate full compliance with Section 17(f)(2) of the accurate verification of the identity and disciplinary proceedings in accordance Act and Rule 17f–2 thereunder by background of the Exchange’s members with Phlx Rule 960.2. In fact, the providing Exchange members with a and their employees. Commission expects the Phlx to bring ready reference to these requirements. The Commission also believes that it full disciplinary proceedings in The Exchange also proposes to is appropriate to add these requirements appropriate cases (e.g., in cases where incorporate the provisions of Phlx Rule to the Exchange’s MRP. The purpose of the violation is egregious or where there 623 into Floor Procedure Advice F–25. the Exchange’s MRP is to provide a is a history or pattern of repeated This would have the effect of adding response to a violation of Exchange violations). these provisions to the Exchange’s rules when a meaningful sanction is Finally, the Commission finds that the MRP.11 The Exchange would impose the needed, but initiation of a disciplinary imposition of the recommended fines following fines for violations of the proceeding pursuant to Phlx Rule for violations of the personnel 15 personnel fingerprinting rules and 960.2 is not suitable because such a fingerprinting rules and regulations regulations; $50 for a first-time proceeding would be more costly and should result in appropriate discipline violation; $100 for a second-time time-consuming than would be of members in a manner that is violation; $250 for a third-time warranted given the nature of the proportionate to the nature of such 16 violation; and, for every violation violation. violations. It therefore is ordered, pursuant to thereafter, the sanction would be within The inclusion of a rule in an Section 19(b)(2) of the Act, 17 that the the discretion of the Business Conduct exchange’s minor rule violation plan, proposed rule change (SR–Phlx–95–49) Committee. however, should not be interpreted to mean that it is not an important rule. On is approved. The Commission finds that the the contrary, the Commission recognizes For the Commission, by the Division of proposal is consistent with the that the inclusion of violations of Market Regulation, pursuant to delegated requirements of the Act and the rules 18 particular rules under a minor rule authority. and regulations thereunder applicable to violation plan may make the exchange’s Jonathan G. Katz, a national securities exchange, and, in disciplinary system more efficient in Secretary. particular, with the requirements of prosecuting more egregious or repeated [FR Doc. 95–25553 Filed 10–13–95; 8:45 am] Section 6(b).12 Specifically, the violations of these rules, thereby BILLING CODE 8010±01±M Commission believes the proposal is furthering its mandates to protect consistent with the Section 6(b)(5) 13 investors and the public interest. [Rel. No. IC±21401; 812±9716] requirements that the rules of an The Commission believes that exchange be designed to promote just violations of the personnel and equitable principles of trade, to Liberty All-Star Equity Fund; Notice of fingerprinting requirements lend Application prevent fraudulent and manipulative themselves to the use of expedited acts, and, in general, to protect investors proceedings because such violations are October 6, 1995. and the public. The Commission also technical in nature and easily verifiable. AGENCY: Securities and Exchange believes the proposal is consistent with Commission (‘‘SEC’’). 14 Moreover, noncompliance with these the Section 6(b)(6) requirement that provisions may be determined ACTION: Notice of Application for the rules of an exchange provide that its objectively and adjudicated quickly Exemption Under the Investment members be disciplined appropriately without the complicated factual and Company Act of 1940 (the ‘‘Act’’). for violations of an exchange’s rules and interpretive inquiries associated with APPLICANT: Liberty All-Star Equity Fund. the Act. more sophisticated Exchange disciplinary proceedings. Accordingly, RELEVANT ACT SECTIONS: Order requested 10 17 CFR 240.17f–2 (exempting, for example, the addition of the personnel under section 6(c) of the Act from employees who do not sell securities; do not have fingerprinting requirements to the section 19(b) of the Act and from rule regular access to the keeping, handling, or 19b–1 thereunder. processing of securities, monies, or their original Exchange’s MRP should provide an books and records; or do not have direct efficient and appropriate procedure for SUMMARY OF APPLICATION: Applicant supervisory responsibility over persons engaged in disciplining members who violate these requests an order to permit applicant to the above mentioned activities). requirements. This, in turn, should make up to four distributions of net 11 The Exchange’s MRP, set forth in Phlx Rule long-term capital gains in any one 970, provides that the Exchange may impose a fine further the Exchange’s ability to not to exceed $2,500 on any member, member taxable year, so long as it maintains in organization, or person associated with or 15 Phlx Rule 960.2 governs the initiation of effect a distribution policy calling for employed by a member or member organization, for disciplinary proceedings by the Exchange for quarterly distributions of a fixed any violation of an Exchange rule that has been violations within the disciplinary jurisdiction of the percentage of its net asset value. deemed to be minor in nature and approved by the Exchange. FILING DATES: The application was filed Commission for inclusion in the MRP. In addition, 16 Phlx Rule 970 is designed to provide an Phlx Rule 970 incorporates the Exchange’s Floor appropriate response to violations of certain on August 8, 1995, and amended on Procedure Advice memoranda into the MRP. These Exchange rules, while preserving the due process September 22, 1995. memoranda, with accompanying fine schedules, rights of the accused party through specified HEARING OR NOTIFICATION OF HEARING: An describe which rule violations are eligible for the required procedures. For example, the MRP permits expedited disciplinary procedure under the MRP. any person to contest the Exchange’s imposition of order granting the application will be 12 15 U.S.C. 78f(b). the fine through submission of a written answer, at 13 15 U.S.C. 78f(b)(5). which time the matter will become a formal 17 15 U.S.C. 78s(b)(2). 14 15 U.S.C. 78f(b)(6). disciplinary action. 18 17 CFR 200.30–3(a)(12). Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53657 issued unless the SEC orders a hearing. (net investment income, net realized distributions that applicant may make Interested persons may request a capital gain, or return of capital) with respect to any one year, prevents hearing by writing to the SEC’s accompanies each distribution (or the the operation of the Pay-Out Policy Secretary and serving applicant with a confirmation of the reinvestment thereof whenever applicant’s realized net long- copy of the request, personally or by under applicant’s dividend term capital gains in any year exceed mail. Hearing requests should be reinvestment plan). Applicant’s annual the total of the fixed quarterly received by the SEC by 5:30 p.m. on reports to shareholders also include this distributions that under rule 19b–1 may October 31, 1995, and should be information for all distributions during include such capital gains. In that accompanied by proof of service on the year. In addition, applicant has situation, the rule effectively forces the applicant in the form of an affidavit or, described its Pay-Out Policy in fixed quarterly distributions that under for lawyers, a certificate of service. applicant’s other communications to its the rule may not include such capital Hearing requests should state the nature shareholders, including the fact that the gains to be funded with returns of of the writer’s interest, the reason for the distributions called for by the policy capital (to the extent net investment request,and the issues contested. will include returns of capital to the income and realized short-term capital Persons who wish to be notified of a extent that applicant’s net investment gains are insufficient), even though net hearing may request notification by income and net realized capital gains realized long-term capital gains would writing to the SEC’s Secretary. are insufficient. Applicant also will otherwise be available therefor. The ADDRESSES: Secretary, SEC, 450 5th provide an additional statement long-term capital gains in excess of the Street, N.W., Washington, D.C. 20549. showing the amount and source of each fixed quarterly distributions permitted Applicant, c/o Liberty Financial quarterly distribution during the year by the rule then must either be added Companies, Inc., 600 Atlantic Avenue, with the IRS Form 1099–DIV reports as an ‘‘extra’’ to one of the permitted Boston, MA 02210. sent to each shareholder who received capital gains distributions, thus distributions during the year (including exceeding the total annual amount FOR FURTHER INFORMATION CONTACT: shareholders who have sold shares called for by the policy, or be retained James M. Curtis, Senior Counsel, at during the year). by applicant (with applicant paying (202) 942–0563, or Robert A. Robertson, 4. To date, applicant has completed taxes thereon). Branch Chief, (202) 942–0564 (Office of three rights offerings of additional 3. Applicant believes that granting the Investment Company Regulation, shares to its shareholders. Each of those requested relief would limit applicant’s Division of Investment Management). rights offerings was short in duration return of capital distributions to that SUPPLEMENTARY INFORMATION: The and involved relatively small amounts amount necessary to make up any following is a summary of the of new shares. The rights in each of shortfall between applicant’s guaranteed application. The complete application applicant’s rights offerings were non- distribution and the total of its may be obtained for a fee at the SEC’s transferable and offered only to existing investment income and capital gains. Public Reference Branch. shareholders. The rights were offered The likelihood that applicant’s Applicant’s Representations only by means of the statutory shareholders would be subject to the prospectus, without solicitation by additional tax return complexities 1. Applicant is a closed-end brokers and without payment of any involving when applicant retains and management investment company commission or other underwriting fees. pays taxes on long term capital gains organized as a Massachusetts business 5. Applicant requests relief to permit would be substantially reduced. trust. Applicant’s investment objective applicant to make up to four 4. One of the concerns leading to the is to seek total investment return, distributions of net long-term capital adoption of section 19(b) and rule 19b– comprised of long-term capital gains in any one taxable year, so long as 1 was that shareholders might be unable appreciation and current income, it maintains in effect a distribution to distinguish between frequent through investment primarily in a policy calling for quarterly distributions distributions of capital gain and diversified portfolio of equity securities. of a fixed percentage of its net asset dividends from investment income. 2. Since June 1988, applicant’s value. Through the disclosures accompanying distribution policy (the ‘‘Pay-Out applicant’s distributions, in applicant’s Policy’’) has been to make four quarterly Applicant’s Legal Analysis prospectuses and annual reports, and in distributions of an amount equal to 1. Section 19(b) provides that other communications with 2.5% of its net asset value at the time registered investment companies may shareholders, applicant states that its of the declaration, for a total of not, in contravention of such rules, shareholders will understand that approximately 10% of net asset value regulations, or orders as the SEC may applicant’s fixed distributions are not per year. If the total distributions prescribe, distribute long term capital tied to its investment income and required by the Pay-Out Policy exceed gains more often than once every twelve realized capital gains and will not applicant’s investment income and net months. Rule 19b–1 limits the number represent yield or investment return. realized capital gains, the excess is of capital gains distributions, as defined 5. Another concern that led to the treated as a return of capital. If in section 852(b)(3)(C) of the Internal adoption of section 19(b) and rule 19b– applicant’s net investment income, net Revenue Code of 1986, as amended, (the 1 was that frequent capital gain realized short-term capital gains, net ‘‘Code’’), that applicant may make with distributions could facilitate improper realized long-term capital gains, and respect to any one taxable year to one, fund distribution practices, including in returns of capital for any year exceed plus a supplemental distribution made particular the practice of urging an the amount required to be distributed pursuant to section 855 of the Code not investor to purchase fund shares on the under the Pay-Out Policy, applicant exceeding 10% of the total amount basis of an upcoming dividend (‘‘selling may in its discretion retain, and not distributed for the year, plus one the dividend’’), where the dividend distribute, net realized long-term capital additional long term capital gains results in an immediate corresponding gains to the extent of such excess. distribution made to avoid the excise reduction in net asset value and is in 3. In accordance with rule 19a–1 tax under section 4982 of the Code. effect a return of the investor’s capital. under the Act, a separate statement 2. Rule 19b–1, by limiting the number Applicant believes that this concern showing the source of the distribution of net long-term capital gain does not apply to closed-end investment 53658 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices companies, such as applicant, which do Fund, Inc., (collectively, the ‘‘Funds’’); Applicants’ Representations not continuously distribute shares. Any First Chicago Investment Management 1. Each Fund is registered under the rights offering, moreover, that applicant Company (‘‘FCIMCO’’) and ANB Act as an open-end management makes in the future will be non- Investment Management and Trust investment company. Each Fund has transferable and will be offered only by Company (‘‘ANB–IMC’’). entered into an investment advisory means of the statutory prospectus, RELEVANT ACT SECTIONS: Order requested agreement (the‘‘Existing Advisory without solicitation by brokers and under section 6 (c) for an exemption Agreement’’) with FCIMCO, an without payment of any commission or from section 15(a). investment adviser registered under the other underwriting fees and accordingly SUMMARY OF APPLICATION: First Chicago Investment Advisers Act of 1940, under would provide no opportunity for Corporation, the ultimate parent of which FCIMCO provides investment selling the dividend. FCIMCO, will merge with and into NBD advisory services to each Fund. 6. Applicant states that another Bancorp, Inc. (‘‘NBD’’). The merger will FCIMCO has engaged ANB–IMC, a concern leading to the adoption of result in the assignment, and thus the registered investment adviser, to section 19(b) and rule 19b–1, increase in termination, of existing investment provide the day-to-day management of administrative costs, is not present advisory and sub-advisory contracts of the International Equity Fund series of because applicant will continue to make the Funds. The order would permit the the Prairie Fund pursuant to a sub- quarterly distributions regardless of implementation, without shareholder investment advisory agreement (the what portion thereof is composed of approval, of new advisory and sub- ‘‘Existing Sub-Investment Advisory capital gains. advisory contracts for a period of up to Agreement,’’ and together with the 7. For the reasons stated above, 120 days following November 30, 1995 Existing Advisory Agreements, the applicant believes that the requested (‘‘Interim Period’’). The order also ‘‘Existing Agreements’’). exemption from section 19(b) of the Act would permit FCIMCO and ANB–IMC 2. FCIMCO is a wholly-owned and rule 19b–1 thereunder would be to receive from the Funds fees earned subsidiary of The First National Bank of consistent with the standards set forth under the new investment advisory and Chicago, which in turn is a wholly- in section 6(c) of the Act, and would be sub-advisory contracts during the owned subsidiary of First Chicago in the best interests of applicant and its Interim Period following approval by Corporation. ANB–IMC is a wholly- shareholders. the Funds’ shareholders. owned subsidiary of American National Bank and Trust Company, which in turn Applicant’s Condition FILING DATES: The application was filed is a wholly-owned subsidiary of First on September 26, 1995 and amended on Applicant agrees that any SEC order Chicago Corporation. granting the requested relief shall October 6, 1995. 3. Under an Agreement and Plan of terminate upon the effective date of a HEARING OR NOTIFICATION OF HEARING: An Merger (the ‘‘Merger Agreement’’) dated registration statement under the order granting the application will be July 11, 1995 between First Chicago Securities Act of 1933 for any future issued unless the SEC orders a hearing. Corporation and NBD, First Chicago public offering by applicant of shares of Interested persons may request a Corporation agreed to merge with and applicant other than: hearing by writing to the SEC’s into NBD, with NBD as the surviving (i) A non-transferable rights offering Secretary and serving applicants with a corporation in the Merger and to shareholders of applicant, provided copy of the request, personally or by continuing under the name ‘‘First that such offering does not include mail. Hearing requests should be Chicago NBD Corporation.’’ solicitation by brokers or the payment of received by the SEC by 5:30 p.m. on 4. On September 19, 1995, the any commissions or underwriting fee; October 31, 1995, and should be respective boards of the Funds met to and accompanied by proof of service on discuss the Merger. During those (ii) An offering in connection with a applicants, in the form of an affidavit or, meetings, the boards, which are merger, consolidation, acquisition or for lawyers, a certificate of service. comprised entirely of members who are reorganization. Hearing requests should state the nature not ‘‘interested persons’’ (as that term is of the writer’s interest, the reason for the defined in the Act) of the respective For the SEC, by the Division of Investment Management, under delegated authority. request, and the issues contested. Funds, considered the new investment Persons who wish to be notified of a advisory agreements between FCIMCO Jonathan G. Katz, hearing may request such notification and each Fund (the ‘‘New Advisory Secretary. by writing to the SEC’s Secretary. Agreements’’) and the new sub- [FR Doc. 95–25507 Filed 10–13–95; 8:45 am] ADDRESSES: Secretary, SEC, 450 Fifth investment advisory agreement between BILLING CODE 8010±01±M Street, N.W., Washington, D.C. 20549. FCIMCO and ANB–IMC with respect to Applicants, c/o First Chicago the International Equity Fund (the ‘‘New [Investment Company Act Rel. No. 21404; Investment Management Company, Sub-Investment Advisory Agreement’’ 812±9782] Three First National Plaza, Chicago, and, together with the New Advisory Illinois 60670, Attention: Secretary. Agreements, the ‘‘New Agreements’’) to Prairie Funds, et al.; Notice of be entered into upon consummation of FOR FURTHER INFORMATION CONTACT: Application the Merger. The boards evaluated the Sarah A. Buescher, Staff Attorney, at New Agreements after receiving such (202) 942–0573, or C. David Messman, October 6, 1995. information as they requested as being Branch Chief, at (202) 942–0564 AGENCY: Securities and Exchange reasonably necessary to evaluate (Division of Investment Management, Commission (‘‘SEC’’). whether the terms of the New Office of Investment Company ACTION: Notice of Application for Agreements were in the best interests of Regulation). Exemption under the Investment the Funds and their shareholders. Each Company Act of 1940 (the ‘‘Act’’). SUPPLEMENTARY INFORMATION: The New Agreement is identical to the following is a summary of the relevant Existing Agreement, except for APPLICANTS: Prairie Funds, Prairie application. The complete application its effective date. In accordance with Institutional Funds, Prairie Intermediate may be obtained for a fee from the SEC’s Bond Fund, and Prairie Municipal Bond Public Reference Branch. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53659 section 15(c) of the Act, the boards 120 days following the termination of the Funds’ shareholders in a manner approved the New Agreements.1 the Existing Agreements (but in no that is consistent with the provisions of 5. Originally, it was anticipated that event later than March 30, 1996). section 15 as well as the corporate the Merger would occur during the first 2. Section 15(a) prohibits an governance objectives of the Act. quarter of 1996. Accordingly, the Funds investment adviser from providing 7. Applicants believe that the best tentatively had scheduled their investment advisory services to an interests of Fund shareholders would be shareholders’ meetings for late investment company except under a served if FCIMCO and ANB–IMC December 1995 with the expectation of written contract that has been approved receive fees for services during the being able to adjourn into January 1996 by a majority of the voting securities of Interim Period. These fees are essential or later, if necessary, to obtain the such investment company. Section 15(a) to maintain FCIMCO’s and, to a lesser requisite vote. First Chicago Corporation further requires that such written degree, ANB–IMC’s ability to provide recently was advised that the necessary contract provide for its automatic services to the Funds. In addition, the bank regulatory approval for the Merger termination in the event of an fees to be paid during the Interim Period could occur more rapidly and that the assignment. Section 2(a)(4) defines are at the same rate as the fees currently Merger date could be advanced to ‘‘assignment’’ to include any direct or payable by the Funds under the Existing November 30, 1995. Although the Funds indirect transfer of a contract by the Agreements. have prepared the required proxy assignor or of a controlling block of the materials and have scheduled assignor’s outstanding voting securities Applicants’ Conditions by a security holder of the assignor. shareholder meetings for November 28, Applicants agree that any order 1995, there may not be an adequate 3. Upon completion of the Merger, First Chicago Corporation, FCIMCO’s granting the requested relief shall be solicitation period. subject to the following conditions: 6. Applicants propose to enter into an and ANB–IMC’s ultimate parent, will 1. The New Agreements will have the escrow arrangement with an unaffiliated merge into First Chicago NBD same terms and conditions as the financial institution as escrow agent. Corporation. The Merger will result in Existing Agreements, except for their The arrangement would provide that: (a) an ‘‘assignment’’ of the Existing effective dates. the fees payable to FCIMCO and ANB– Agreements within the meaning of IMC during the Interim Period under the section 2(a)(4). Consistent with section 2. Fees earned by FCIMCO and ANB– New Agreements would be paid into an 15(a), therefore, each Existing IMC in respect of the New Agreements interest-bearing escrow account Agreement will terminate according to during the Interim Period will be maintained by the escrow agent; (b) the its terms upon completion of the maintained in an interest-bearing amounts in the escrow account Merger. escrow account, and amounts in the 4. Rule 15a–4 provides, in relevant (including interest earned on such paid account (including interest earned on part, that if an investment adviser’s fees) would be paid to FCIMCO and such paid fees) will be paid (a) to investment advisory contract with an FCIMCO and ANB–IMC in accordance ANB–IMC only upon approval by Fund investment company is terminated by shareholders of the New Agreements or, with the New Agreement, after the assignment, the adviser may continue to requisite approvals are obtained, or (b) in the absence of such approval, to the act as such for 120 days at the previous respective Fund. to the respective Fund, in the absence compensation rate if a new contract is of such approvals. Applicants’ Legal Analysis approved by the board of directors of 3. The Funds will hold meetings of the investment company and if neither 1. Applicants seek an exemption stockholders to vote on approval of the the investment adviser nor a controlling pursuant to section 6(c) from section New Agreements on or before the 120th person thereof directly or indirectly 15(a) of the Act to permit the day following the termination of the receives money or other benefit in implementation, without shareholder Existing Agreements (but in no event connection with the assignment. approval, of the New Agreements during later than March 30, 1996). Because First Chicago Corporation will the Interim Period. Applicants also receive a benefit in connection with the 4. First Chicago Corporation will bear request permission for FCIMCO and assignment of the Existing Agreements, the costs of preparing and filing this ANB–IMC to receive from each Fund all applicants may not rely on rule 15a–4. application and the costs relating to the fees earned under the New Agreements 5. Section 6(c) provides that the SEC solicitation of stockholder approval of implemented during the Interim Period may exempt any person, security, or the Funds’ stockholders necessitated by if and to the extent the New Agreements transaction from any provision of the the Merger. are approved by the shareholders of Act, if and to the extent that such 5. FCIMCO and ANB–IMC will take such Fund. Applicants anticipate that exemption is necessary or appropriate all appropriate steps so that the scope the Merger could occur on November in the public interest and consistent and quality of advisory and other 30, 1995. Accordingly, the exemption with the protection of investors and the services provided to the Funds during would cover the period commencing on purposes fairly intended by the policy the Interim Period will be at least November 30, 1995 and continuing and provisions of the Act. Applicants equivalent, in the judgment of the through the date the New Agreements believe that the requested relief meets respective boards, including a majority are approved or disapproved by the this standard. of the non-interested board members, to shareholders of the respective Funds, 6. Applicants believe that the the scope and quality of services which period shall be no longer than requested relief is necessary, as it would previously provided. If personnel permit continuity of investment providing material services during the 1 Section 15(c) provides, in relevant part, that it shall be unlawful for any registered investment management to each Fund during the Interim Period change materially, company to enter into an investment advisory period following the Merger so that FCIMCO will apprise and consult with contract unless the terms of such contract have been services to the Funds would not be the boards of the affected Funds to approved by the vote of a majority of directors, who disrupted. Applicants believe that the assure that they, including a majority of are not parties to such contract or interested persons of any such party, cast in person at a Interim Period they request will the non-interested board members, are meeting called for the purpose of voting on such facilitate the orderly and reasonable satisfied that the services provided will approval. consideration of the New Agreements by not be diminished in scope or quality. 53660 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
For the SEC, by the Division of Investment $75 million (‘‘Aggregate General application-declaration filed under Management, under delegated authority. Authority’’) to conduct preliminary sections 6(a), 7 and 12(b) of the Act and Jonathan G. Katz, studies of, investigate, research, rules 45, 53 and 54 thereunder. Secretary. develop, agree to construct (such By order dated August 6, 1993 (HCAR [FR Doc. 95–25508 Filed 10–13–95; 8:45 am] construction subject to further No. 25866) (‘‘1993 Order’’), CSW and BILLING CODE 8010±01±M Commission authorization) and, except CSW Energy were authorized, through with respect to independent power December 31, 1995, to issue letters of projects (‘‘IPP’s’’), to consult with credit, bid bonds or guarantees [Release No. 35±26388] respect to qualifying cogeneration (collectively, ‘‘Guarantees’’) in facilities and qualifying small power connection with the development of Filings Under the Public Utility Holding production facilities (collectively qualifying cogeneration facilities, Company Act of 1935, as Amended ‘‘QF’s’’) and IPP’s; (ii) to finance such qualifying small power production (``Act'') activities through capital contributions, facilities and independent power October 6, 1995. open account advances and loans up to facilities, including exempt wholesale Notice is hereby given that the $75 million; (iii) for CSW Energy to generators as defined in section 32 of form Energy Sub for the purpose of following filing(s) has/have been made the Act, in an aggregate amount not to engaging in a joint venture (‘‘ARK Joint with the Commission pursuant to exceed $50 million. Venture’’) with ARK Energy, Inc. provisions of the Act and rules CSW and CSW Energy now propose (‘‘ARK’’), a nonassociate corporation; promulgated thereunder. All interested to: (i) increase the aggregate amount of and (iv) for CSW Energy to use $25 persons are referred to the application(s) Guarantees that may be issued from $50 million of the $75 million Aggregate and/or declaration(s) for complete million to $75 million; and (ii) extend General Authority to finance the ARK statements of the proposed the authorization granted by the 1993 Joint Venture through capital transaction(s) summarized below. The Order until December 31, 2005. contributions and loans (‘‘ARK Joint application(s) and/or declaration(s) and Venture Authority’’). The 1990 Order Eastern Utilities Associates, et al. any amendments thereto is/are available also authorized CSW to fund the (70–8701) for public inspection through the activities of CSW Energy through capital Commission’s Office of Public Eastern Utilities Associates (‘‘EUA’’), contributions, open account advances a registered holding company, and EUA Reference. and loans in the aggregate amount of Interested persons wishing to Service Corporation (‘‘ESC’’), a wholly- $75 million through December 31, 1995. owned subsidiary of EUA, both at P.O. comment or request a hearing on the In addition, the 1990 Order authorized application(s) and/or declaration(s) Box 2333, Boston, Massachusetts 02107 investments in the ARK Joint Venture in have filed an application pursuant to should submit their views in writing by the form of capital contributions and October 30, 1995, to the Secretary, section 13(b) of the Act and rules 80 loans. through 94 promulgated thereunder. Securities and Exchange Commission, By order dated November 22, 1991 ESC provides services to EUA’s four Washington, DC 20549, and serve a (HCAR No. 25414) (‘‘1991 Order’’), CSW electric utility companies—Blackstone copy on the relevant applicant(s) and/or Energy was authorized to provide Valley Electric Company declarant(s) at the address(es) specified consulting services with respect to (‘‘Blackstone’’), Montaup Electric below. Proof of service (by affidavit or, IPP’s. in case of an attorney at law, by By order dated December 31, 1992 Company (‘‘Montaup’’), Eastern Edison certificate) should be filed with the (HCAR No. 25728) (‘‘1992 Order’’), Company (‘‘Eastern Edison’’) and request. Any request for hearing shall CSW, CSW Energy, Energy Sub and the Newport Electric Corporation identify specifically the issues of fact or ARK Joint Venture were authorized, (‘‘Newport’’) (Blackstone, Montaup, law that are disputed. A person who so through December 31, 1995, to increase: Eastern Edison and Newport, hereinafter requests will be notified of any hearing, (i) the Aggregate General authority collectively, the ‘‘Operating if ordered, and will receive a copy of (granted in the 1990 Order) from $75 Companies’’), as well as to EUA’s other any notice or order issued in the matter. million to $150 million; and (ii) the direct and indirect subsidiaries After said date, the application(s) and/ financing authority for the ARK Joint (collectively with the Operating or declaration(s), as filed or as amended, Venture from $25 million to $50 Companies, the ‘‘System Companies’’). may be granted and/or permitted to million. In all other respects, the terms EUA and ESC request Commission become effective. and conditions under the 1992 Order approval with respect to the remained the same as the 1990 Order. reorganization and centralization of Central and South West Corporation, et certain service and management al. (70–7758) CSW and CSW Energy now propose that: (i) the Aggregate General Authority functions (the ‘‘Reorganization’’). The Central and South West Corporation be increased from $150 million to $250 Reorganization is designed to (‘‘CSW’’), a registered holding company, million, and (ii) the outstanding consolidate and restructure operations and its nonutility subsidiary company authorization from the 1990 Order, 1991 in order to allow more flexibility in the CSW Energy, Inc. (‘‘CSW Energy’’), both Order and 1992 Order be extended until allocation of management and of 1616 Woodall Rodgers Freeway, P.O. December 31, 2005. supervisory resources throughout the Box 660164, Dallas, Texas 75202, have System Companies. filed a post-effective amendment to their Central and South West Corporation, et EUA expects to realize a number of application-declaration filed under al. (70–8205) benefits from the Reorganization, such sections 6(a), 7, 9(a), 10, 12(b) and 13(b) Central and South West Corporation as increased efficiencies and synergies of the Act and rules 43, 45, 86, 87, 90 (‘‘CSW’’), a registered holding company, through the elimination of previously and 91 thereunder. and its nonutility subsidiary company duplicated functions. It expects these By order dated September 28, 1990 CSW Energy, Inc. (‘‘CSW Energy’’), both efficiencies to translate into a reduction (HCAR No. 25162) (‘‘1990 Order’’), CSW of 1616 Woodall Rodgers Freeway, P.O. in the rate of growth in operating and and CSW Energy were authorized, Box 660164, Dallas, Texas 75202, have maintenance costs of the Operating through December 31, 1995: (i) to spend filed a post-effective amendment to their Companies. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53661
Organizationally, the Reorganization goal of long-term growth with no applicant, in the form of an affidavit or, does not involve the formation of new emphasis on current income; amounts for lawyers, a certificate of service. entities and will not require utility invested in the Growth and Income Hearing requests should state the nature assets to be transferred among System Option are invested in mutual funds of the writer’s interest, the reason for the Companies. In addition, the that have a goal of both growth and request, and the issues contested. Reorganization does not require the current income; and amounts invested Persons who wish to be notified of a writedown of any rate base assets. in the Asset Allocation Option are hearing may request such notification Approximately 95 employees of the invested primarily in mutual funds that by writing to the SEC’s Secretary. System Companies will be transferred to have a goal of maintaining a balanced ADDRESSES: Secretary, SEC, 450 Fifth ESC. portfolio comprised primarily of equity Street, N.W., Washington, D.C. 20549. Central and South West Corporation investments. Applicant, 388 Greenwich Street, New (70–8707) The Thrift Plan trustee presently York, New York 10013. purchases shares of CSW Common in FOR FURTHER INFORMATION CONTACT: Central and South West Corporation the open market for the Stock Option, (‘‘CSW’’), 1616 Woodall Rodgers Courtney S. Thornton, Senior Attorney, although the trustee, in his or her at (202) 942–0583, or C. David Freeway, Dallas, Texas 75202, a discretion, may purchase CSW Common registered holding company, has filed a Messman, Branch Chief, at (202) 942– from any source, including CSW. CSW 0564 (Division of Investment declaration under sections 6(a) and 7 of cannot require the trustee to purchase the Act and Rule 54 thereunder. Management, Office of Investment Common from CSW, but it is expected Company Regulation). By prior Commission orders dated that the trustee will elect to purchase October 24, 1978 and December 9, 1980 SUPPLEMENTARY INFORMATION: The shares directly from CSW rather than in following is a summary of the (HCAR Nos. 20742 and 21833, the open market, and thus avoid paying respectively), CSW was authorized to application. The complete application brokerage fees or commissions. issue and sell a total aggregate number may be obtained for a fee from the SEC’s CSW will use the proceeds from the of 4,000,000 shares of its common stock Public Reference Branch. sale of Common to the trustee for (‘‘Common’’), par value $3.50 per share, general corporate purposes. Applicant’s Representations to the trustee of the Central and South West Thrift Plus, an employee benefit For the Commission, by the Division of 1. Applicant, an open-end diversified plan (‘‘Thrift Plan’’). Investment Management, pursuant to management investment company, is CSW now proposes to issue and sell delegated authority. organized as a Maryland corporation. up to 5,000,000 additional shares of its Jonathan G. Katz, On March 20, 1968, applicant filed a authorized and unissued Common, par Secretary. notification of registration on Form N– value $3.50 per share, to the trustee of [FR Doc. 95–25509 Filed 10–13–95; 8:45 am] 8A under section 8(a) of the Act and the Thrift Plan. CSW Common will be BILLING CODE 8010±01±M registered under section 8(b) of the Act sold to the trustee at market price. by filing a registration statement on Under the Thrift Plan, last amended Form N–8B–1. Applicant also filed a in December 1994, participants may [Investment Company Act Rel. No. 21402; registration statement on Form S–5 contribute up to 12% of their annual 811±1624] under the Securities Act of 1933 to compensation and, depending on length register an indefinite number of shares Smith Barney Equity Funds, Inc.; of service, CSW matches 50% or 75% of of common stock. This registration Application for Deregistration each participant’s contribution up to a statement became effective on August 6, maximum 6% of the employee’s annual October 6, 1995. 1968, and applicant’s initial public compensation. Employee contributions AGENCY: Securities and Exchange offering commenced on or about that and the matching CSW contribution are Commission (‘‘SEC’’). date. 2. At a meeting held on October 29, vested at the employee’s option in any ACTION: Notice of Application for 1993, applicant’s Board of Directors one or more of five Thrift Plan Deregistration under the Investment (‘‘Board’’) approved the terms of an investment options in 1% increments. Company Act of 1940 (‘‘Act’’). The Thrift Plan trustee, pursuant to Agreement and Plan of Reorganization written direction from each participant, APPLICANT: Smith Barney Equity Funds, (‘‘Plan’’) between applicant and the invests the funds held in the employee’s Inc. Income and Growth Portfolio Thrift Plan account in any of the RELEVANT ACT SECTION: Section 8(f). (‘‘Portfolio’’), a series of Smith Barney following investment options: (1) The Funds, Inc. The Plan provided for the Company Stock Option Plan (‘‘Stock SUMMARY OF APPLICATION: Applicant transfer of all assets and disclosed Option’’); (2) the Fixed Income Option seeks an order declaring that it has liabilities of applicant to the Portfolio in (‘‘Fixed Income Option’’); (3) the Capital ceased to be an investment company. exchange for shares of Classes A and B Appreciation Option (‘‘Capital FILING DATES: The application was filed of the Portfolio. The Board approved the Appreciation Option’’); (4) the Growth on June 28, 1995, and amended on Plan because it determined that the and Income Option (‘‘Growth and September 19, 1995. proposed reorganization would provide Income Option’’); and (5) the Asset HEARING OR NOTIFICATION OF HEARING: An certain benefits to shareholders. In Allocation Option (‘‘Asset Allocation order granting the application will be reaching this determination, the Board Option’’). Amounts invested in the issued unless the SEC orders a hearing. considered: (a) The terms and Stock Option are used to purchase Interested persons may request a conditions of the reorganization; (b) the shares of CSW Common; amounts hearing by writing to the SEC’s savings in expenses borne by invested in the Fixed Income Option are Secretary and serving applicant with a shareholders; (c) the fact that the used to purchase guaranteed investment copy of the request, personally or by reorganization will be effected as a tax- contracts or other fixed income mail. Hearing requests should be free reorganization; (d) the comparative securities; amounts invested in the received by the SEC by 5:30 p.m. on investment performance of the funds; (e) Capital Appreciation Option are October 31, 1995, and should be the advantages of eliminating the invested in mutual funds that have a accompanied by proof of service on duplication inherent in marketing two 53662 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices funds with similar investment For the SEC, by the Division of Investment the nature of the interest, the reason for objectives; and (f) the fact that the costs Management, under delegated authority. the request and the issues contested. of the reorganization will be borne by Jonathan G. Katz, Persons may request notification of the applicant’s investment adviser, Smith Secretary. date of a hearing by writing to the Barney Advisers, Inc. (‘‘Manager’’). [FR Doc. 95–25505 Filed 10–13–95; 8:45 am] Secretary of the SEC. 3. Applicant and the Portfolio were BILLING CODE 8010±01±M ADDRESSES: Secretary, SEC, 450 Fifth both advised by the Manager. Applicant Street, NW., Washington, DC 20549. therefore relied on the exemption [Rel. No. IC±21403; File No. 812±9634] Applicants: Judith A. Hasenauer, provided by rule 17a–8 under the Act to Blazzard, Grodd & Hasenauer, P.C., 943 1 effect the transaction. Consequently, United Companies Life Insurance Post Road East, P.O. Box 5108, the Board determined, in accordance Company, et al. Westport, Connecticut 06881. with rule 17a–8, that the proposed FOR FURTHER INFORMATION CONTRACT: transaction was advisable and in the October 6, 1995. Barbara J. Whisler, Senior Counsel, or best interest of applicant’s shareholders, AGENCY: Securities and Exchange Wendy Friedlander, Deputy Chief, Both and that the interests of applicant’s Commission (‘‘SEC’’ or the at (202) 942–0670, Office of Insurance existing shareholders would not be ‘‘Commission’’). Products, Division of Investment diluted as a result of the transaction. ACTION: Notice of Application for Management. 4. Applicant solicited proxies Exemption under the Investment SUPPLEMENTARY INFORMATION: Following pursuant to a proxy statement dated Company Act of 1940 (the ‘‘1940 Act’’). is a summary of the application, the January 14, 1994, which was filed with complete application is available for a the Commission and mailed to APPLICANTS: United Companies Life Insurance Company (‘‘United Life’’), fee from the Public Reference Branch of shareholders. On February 24, 1994, the SEC. applicant’s shareholders voted to United Companies Separate Account approve the Plan. One (the ‘‘Account’’), and United Applicant’s Representations 5. As of March 3, 1994, applicant had Variable Services, Inc. (‘‘United Variable’’). 1. United Life, a stock life insurance 5,963,203 outstanding Class A shares, company domiciled in Louisiana, is a RELEVANT 1940 ACT SECTIONS: Order and 41,567 outstanding Class B shares, wholly owned subsidiary of United requested under Section 6(c) of the 1940 with net asset values of $14.71 and Companies Financial Corporation. The Act for exemption from Sections $14.68 per share, respectively. On that Account, established as a segregated 26(a)(2)(C) and 27(c)(2) of the 1940 Act. date, applicant’s aggregate net assets asset account of United Life on amounted to $88,308,192. SUMMARY OF APPLICATION: Applicants November 2, 1994 under Louisiana law, 6. On March 4, 1994, all of applicant’s seek an order permitting United Life to will fund the Existing Contracts issued assets and disclosed liabilities were deduct from the assets of the Account, by United Life. The Account is, and the transferred to the Portfolio in exchange or from the assets of certain separate Other Accounts will be, registered with for shares of Class A and Class B of the accounts that may be established by the Commission as a unit investment Portfolio. These shares subsequently United Life in the future to support trust. were distributed to shareholders of certain variable annuity contracts and 2. United Variable will serve as the applicant’s respective classes pro rata in certificates issued by United Life (the distributor of the Existing Contracts. an amount equal to the value of their ‘‘Other Accounts’’, collectively, with the United Variable, a wholly owned interests in applicant. Account, the ‘‘Accounts’’), the mortality subsidiary of United Life, is registered 7. All expenses associated with the and expense risk charge imposed under as a broker dealer under the Securities Plan, including the costs of preparing, certain variable annuity contracts and Exchange Act of 1934 and is a member printing, and mailing the related proxy certificates issued by United Life (the of the National Association of Securities material to applicant’s shareholders, ‘‘Existing Contracts’’) and under any Dealers, Inc. related legal fees, and governmental other variable annuity contracts and 3. The Accounts are comprised of filing fees, were paid by the Manager. certificates issued by United Life which subaccounts (the ‘‘Subaccounts’’). The 8. At the time of the application, are substantially similar in all material assets of each Subaccount initially will applicant had no shareholders, assets, or respects to the Existing Contracts and be invested in a corresponding portfolio liabilities, nor was applicant a party to are offered through any of the Accounts of one of seven investment companies any litigation or administrative (the ‘‘Other Contracts’’, together, with (the ‘‘Funds’’). Currently, the Funds proceeding. Applicant is not engaged in, the Existing Contracts, the ‘‘Contracts’’). have eleven portfolios available to the nor does it propose to engage in, any FILING DATE: The application was filed subaccounts for investment. Applicants business activities other than those on June 16, 1995 and amended and state that the number and identity of the necessary for the winding-up of its restated on August 17, 1995. available Funds and the funds’ affairs. HEARING OR NOTIFICATION OF HEARING: An investment portfolios may change. 9. Applicant filed Articles of Transfer order granting the application will be 4. The Existing Contracts are with the Maryland Department of issued unless the Commission orders a combination variable deferred fixed Assessments and Taxation, which hearing. Interested persons may request and/or market value adjusted (‘‘MVA’’) became effective on March 14, 1994. a hearing on this application by writing annuity contracts and certificates issued Applicant intends to file articles of to the Secretary of the SEC and serving in connection with retirement plans dissolution upon receipt of the order Applicants with a copy of the request, which may qualify for favorable tax requested by this application. personally or by mail. Hearing requests treatment under the Internal Revenue must be received by the Commission by Code of 1986, as amended. The Existing 1 Rule 17a–8 provides relief from the affiliated 5:30 p.m. on October 31, 1995 and Contracts described in the application transaction prohibition of section 17(a) of the Act should be accompanied by proof of are of two types: the ‘‘10 Year Contract’’ for a merger of investment companies that may be affiliated persons of each other solely by reason of service on Applicants in the form of an and the ‘‘7 Year Contract.’’ The 10 Year having a common investment adviser, common affidavit or, for lawyers, by certificate of Contracts and the 7 Year Contracts will directors, and/or common officers. service. Hearing requests should state be offered in different markets, and Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53663 differ as to the charges imposed and the the accumulation period will be the the Contract within the first seven years death benefits provided. The minimum greater of: (a) the purchase payments, of the Contract. initial premium, for both the 7 and the less any withdrawals and related 11. For the 10 Year Contracts, United 10 Year Contracts is $5,000 except for contingent deferred sales charges; or (b) Life will impose a daily charge equal to qualified contracts for which the the owner’s contract value determined an annual effective rate of 1.52% of the minimum initial premium is $2,000. as of the end of the valuation period value of the net assets of the Account to The minimum for subsequent premiums during which United Life receives due compensate United Life for assuming is $500, or, if the automatic premium proof of death and an election of certain mortality and expense risks in check option is elected, $100. payment. connection with the 10 Year Contracts. 5. The Existing Contracts provide for 8. For the Existing Contracts, United Applicants state that approximately certain guaranteed death benefits during Life imposes an annual administrative .80% of the 1.52% charge is attributable the accumulation period. Applicants charge of .15% of the average daily net to mortality risk, approximately .45% is state that, in states where the death asset value of each subaccount of the attributable to expense risk and benefit endorsement is approved, the Account. Applicants state that the approximately .27% is attributable to death benefit for the 10 Year Contracts annual administrative charge partially the enhanced death benefit. For will be the Contract value in the fixed compensates United Life for expenses assuming certain mortality and expense account and in the MVA account plus incurred in establishing and risks in connection with the 7 Year the greatest of (a), (b) or (c) where: maintaining the contracts and the Contracts, United Life will impose a Account. Applicants state that United daily charge equal to an annual effective (a) Is the Contract value in the Account as of the end of the valuation period during Life does not intend to profit from this rate of 1.45%. Applicants state that which United Life receives due proof of charge and that the charge will be approximately .80% of the 1.45% death and an election of payment; reduced to the extent that the charge is charge is attributable to mortality risk, (b) Is the purchase payments allocated to in excess of the amount necessary to approximately .45% is attributable to the Account, less any withdrawals and reimburse United Life for its expense risk and approximately .20% is transfers from the Account and any related administrative expenses. attributable to the enhanced death contingent deferred sales charge and transfer 9. For the 10 Year Contracts, United benefit. The mortality and expense risk fees (the ‘‘Net Purchase Payments’’), Life deducts a contract and certificate charges for both the 10 Year Contracts accumulated at 6% annually up to the first maintenance charge of $30 each and the 7 Year Contracts are guaranteed Contract anniversary after the contract owner Contract year from the Contract value. not to increase. If the mortality and attains age 75, to a maximum of two times Applicants state that the charge is the Net Purchase Payments; expense risk charge is insufficient to (c) Is the highest reset value up to the date designed to reimburse United Life for cover actual costs of the risks assumed, of death. The reset value is equal to the expenses relating to the maintenance of United Life will bear the loss. Contract value in the Account on each 10th the Contracts. If a Contract is Conversely, if the charge exceeds costs, Contract anniversary prior to the Contract surrendered on other than a Contract this excess will be profit to United Life owner attaining age 85, plus purchase anniversary, the full charge will be and will be available for any corporate payments made after such Contract deducted at the time of surrender. No purpose, including payment of expenses anniversary and allocated to the Account charge is deducted during the annuity relating to the distribution of the after such anniversary and any related period. Applicants state that this charge Contracts. Applicants state that United contingent deferred sales charges and transfer has been set at a level so that, when Life expects a profit from the mortality fees. considered in conjunction with the and expense risk charges. 6. Applicants state that, in states .15% annual administrative charge, 12. Applicants state that the mortality where the death benefit endorsement is United Life will not make a profit from risk borne by United Life arises from: (a) approved, the death benefit for the 7 the charges assessed for administration. The contractual obligation of United Year Contracts will be the Contract The contract and certificate Life to make annuity payments value in the fixed account and in the maintenance charge is not assessed regardless of how long all annuitants or MVA account plus the greatest of (a), (b) against the 7 Year Contracts. Applicants any individual annuitant may live; and or (c) where: state that they are relying on Rule 26a– (b) the guarantee of annuity purchase (a) Is the owner’s Contract value in the 1 under the 1940 Act with respect to the rates for the annuity options under the Account as of the end of the valuation period administrative charge and the contract Contracts. Additionally, Applicants during which United Life receives due proof and certificate maintenance charge. state that United Life bears a mortality of death and an election of payment; 10. For the 10 Year Contracts, a risk with respect to the death benefit (b) Is the purchase payments allocated to contingent deferred sales charge (the and with respect to the waiver of the the Account, less any withdrawals and ‘‘Sales Charge’’) of up to 8.5% will be Sales Charge where premiums have transfers from the Account and any related assessed by United Life upon been held less than 10 Contract years of contingent differed sales charge and transfer withdrawal of a portion of the Account’s the 10 Year Contracts and less than 7 fees, accumulated at 4% annually up to the value or upon surrender of the Contract Contract years for the 7 Year Contracts. first anniversary after the owner attains age within the first ten years of the Contract. Applicants state that the expense risk 75; (c) Is the highest reset value up to the date The Sales Charge is calculated at the that the administrative charges assessed of death. The reset value is equal to the time of withdrawal and is deducted under the Contracts may be insufficient owner’s Contract value in the Account on from the balance remaining in the to cover actual administrative expenses each anniversary prior to the owner attaining Account after withdrawal. The incurred by United Life. age 80 plus purchase payments made after percentage declines depending upon 13. Currently, United Life permits such anniversary and allocated to the how many years have passed since the twelve transfers to be made each Account less any withdrawals and transfers withdrawn premium was originally Contract year among the subaccounts, from the Account and any related contingent made by the Contract owner. For the 7 the fixed account and the MVA account deferred sales charges and transfer fees. Year Contracts, the Sales Charge may be without charge. For each transfer in 7. In states where the death benefit up to 7% and will be assessed by United excess of the number of free transfers endorsement is not approved, the death Life upon withdrawal of a portion of the permitted, United Life will deduct, from benefit for the Existing Contracts during Account’s value or upon surrender of the amount transferred, a transfer fee 53664 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices equal to the lesser of $25 or 2% of the requested in the application for the Life will maintain and make available to amount transferred. Applicants state Other Contracts, Applicants will the Commission upon request a that the transfer fee is at cost, with no determine that any mortality and memorandum setting forth in detail the anticipation of profit to United Life. expense risk charges under the Other methodology used in making that 14. Applicants state that premium Contracts are reasonable in amount as determination with respect to the Other taxes relating to the Contracts may be determined by industry practice with Accounts. deducted when incurred from premium respect to comparable annuity products payments or Account value. Applicants and/or reasonable in relation to the risks 8. Applicants acknowledge that the state that premium taxes generally range assumed by United Life. Applicants Sales Charge will likely be insufficient from 0% to 4% and that it is the represent that United Life will maintain to cover all costs relating to the practice of United Life to pay such taxes a memorandum setting forth the basis distribution of the Contracts. To the when they become due and payable to for such conclusion with respect to the extent distribution costs are not covered the states. Other Contracts and that the by the Sales Charge, United Life will recover its distribution costs from the Applicants’ Legal Analysis and memorandum will be available to the assets of the general account. These Conditions Commission upon request. 6. Applicants state that, in assets may include that portion of the 1. Applicants request that the determining that the portions of the mortality and expense risk charge which Commission, pursuant to Section 6(c) of mortality and expense risk charges is profit to United Life. Applicants the 1940 Act, grant exemptions from attributable under the 10 Year Contracts represent that United Life has Sections 26(a)(2)(C) and 27(c)(2) of the and the 7 Year Contracts to the concluded that there is a reasonable 1940 Act in connection with enhanced death benefit are reasonable likelihood that the proposed Applicants’ assessment of the daily in relation to the benefits provided and distribution financing arrangement will charge for the mortality and expense are within the range of industry practice benefit the Account and the owners of risks under the Contracts. for comparable benefits, United Life ran the Contracts. The basis for this 2. Sections 26(a)(2)(C) and 27(c)(2) of a large number of computer-generated conclusion is set forth in a the 1940 Act, in pertinent part, prohibit trials at various issue ages to determine a registered unit investment trust and the cost of the benefit provided. In memorandum which will be maintained any depositor thereof or underwriter running the trials, Applicants state that by United Life at its principal office and therefor from selling periodic payment the following methodology was used: (a) will be made available to the plan certificates unless the proceeds of Hypothetical asset returns were Commission. Applicants also represent all payments (other than sales load) are projected using generally accepted that, before relying on the exemptive deposited with a qualified bank as actuarial simulation methods; (b) for relief requested in the application for trustee or custodian and held under each asset return pattern generated, the Other Contracts and the Other arrangements which prohibit any hypothetical accumulated values were Accounts, the Applicants will payment to the depositor or principal calculated by applying the projected determine that there is a reasonable underwriter except a fee, not exceeding asset returns to the initial value in a likelihood that the distribution such reasonable amount as the hypothetical account; and (c) the financing arrangement will benefit the Commission may prescribe, for amount of the enhanced death benefit Accounts and the investors in those performing bookkeeping and other payable in the event of a hypothetical Accounts. Applicants represent that administrative services of a character owner’s death was compared to the United Life will maintain and make normally performed by the bank itself. Contract value for each year of each available to the Commission upon 3. Applicants assert that the charges such trial. By analyzing the results of request a memorandum setting forth the for mortality and expense risks for both the trials, an actuarial equivalent cost basis of such conclusion. the 7 and the 10 Year Contracts are factor for the benefit was derived. reasonable in relation to the risks United Life determined from the results 9. United Life also represents that the assumed by United Life under the of the trials that the charge of .27% for Accounts will invest only in open-end Contracts. 10 Year Contracts and .20% for 7 Year management investment companies 4. Applicants represent that the Contracts would be reasonable charges which undertake, in the event such mortality and expense risk charges are for the enhanced death benefits. company adopts a plan under Rule 12b– within the range of industry practice 7. Applicants represent that United 1 of the 1940 Act to finance distribution with respect to comparable annuity Life will maintain at it principal office expenses, to have such plan formulated products. Applicants state that this and available to the Commission a and approved by either the company’s representation is based upon memorandum setting forth in detail the board of directors or the board of Applicants’ analysis of the mortality methodology used in determining that trustees, as applicable, a majority of risks taking into consideration such the enhanced death benefit charges in whom are not interested persons of such factors as: the guaranteed annuity each product are reasonable in relation company within the meaning of the purchase rates; the expense risks; the to the benefits provided and are within 1940 Act. estimated present and future costs for the range of industry practice for certain product features; and the comparable benefits. Before relying on Conclusion industry practice with respect to the exemptive relief requested in the comparable variable annuity contracts. application for the Other Contracts, Applicants assert that for the reasons Applicants represent that United Life Applicants represent that they will and upon the facts set forth above, the will maintain at its principal office, determine that any portion of the requested exemptions from Sections available to the Commission, a mortality and expense risk charge 26(a)(2)(C) and 27(c)(1) of the 1940 Act memorandum setting forth in detail the attributable to enhanced death benefit are necessary and appropriate in the products analyzed and the methodology charges under the Other Contracts is public interest and consistent with the and the results of this analysis. reasonable in relation to the related protection of investors and the purposes 5. Applicants further represent that, risks assumed by United Life. fairly intended by the policy and before relying on the exemptive relief Applicants further represent that United provisions of the 1940 Act. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53665
For the Commission, by the Division of DEPARTMENT OF TRANSPORTATION based on the year ended June 30, 1995 Investment Management, pursuant to data, and have determined fuel prices delegated authority. Notice of Order Adjusting International on the basis of the latest available Jonathan G. Katz, Cargo Rate Flexibility Level experienced monthly fuel cost levels as Secretary. reported to the Department. Policy Statement PS–109, [FR Doc. 95–25506 Filed 10–13–95; 8:45 am] By Order 95–10–9 fares may be implemented by Regulation ER–1322 of increased by the following adjustment BILLING CODE 8010±01±M the Civil Aeronautics Board and factors over the October 1979 level: adopted by the Department, established geographic zones of cargo pricing Atlantic—1.4010 flexibility within which certain cargo Latin America—1.4087 SMALL BUSINESS ADMINISTRATION Pacific—1.5058 rate tariffs filed by carriers would be subject to suspension only in FOR FURTHER INFORMATION CONTACT: Data Collection Available for Public Keith A. Shangraw (202) 366–2439. Comments and Recommendations extraordinary circumstances. The Standard Foreign Rate Level By the Department of Transportation: ACTION: Notice and request for (SFRL) for a particular market is the rate October 5, 1995. comments. in effect on April 1, 1982, adjusted for Mark L. Gerchick, the cost experience of the carriers in the Acting Assistant Secretary for Aviation and SUMMARY: In accordance with the applicable ratemaking entity. The first International Affairs. Paperwork Reduction Act of 1995, this adjustment was effective April 1, 1983. [FR Doc. 95–25598 Filed 10–13–95; 8:45 am] notice announces the Small Business By Order 95–7–49, the Department BILLING CODE 4910±62±P Administration’s intentions to request established the currently effective SFRL an extension for a new, and/or currently adjustments. approved information collection. In establishing the SFRL for the two- Federal Aviation Administration DATES: Comments should be submitted month period beginning October 1, on or before December 15, 1995. 1995, we have projected non-fuel costs Noise Exposure Map Notice; Receipt of FOR FURTHER INFORMATION CONTACT: based on the year ended June 30, 1995 Noise Compatibility Program and Jacqueline White, Management Analyst, data, and have determined fuel prices Request for Review; Kenosha Regional Small Business Administration, 409 3rd on the basis of the latest available Airport, Kenosha, WI Street, SW., Suite 5000, Washington, DC experienced monthly fuel cost levels as AGENCY: Federal Aviation 20416. Phone Number: 202–205–6629. reported to the Department. Administration, DOT. Copies of this collection can also be By Order 95–10–8 cargo rates may be ACTION: Notice. obtained. adjusted by the following adjustment SUPPLEMENTARY INFORMATION: factors over the April 1, 1982 level: SUMMARY: The Federal Aviation Title: Nomination for the Small Atlantic—1.0727 Administration (FAA) announces its Business Prime Contractor of the Year Western Hemisphere—1.0236 determination that the noise exposure Award and Nomination for the Small Pacific—1.2106 maps submitted by The City of Kenosha Business Sub-Contractor of the Year FOR FURTHER INFORMATION CONTACT: for Kenosha Regional Airport under the Award. Keith A. Shangraw (202) 366–2439. provisions of title I of the Aviation OMB Control Number: 3245–0096. By the Department of Transportation: Safety and Noise Abatement Act of 1979 Expiration Date of Approval: January October 5, 1995. (Pub. L. 96–193) and 14 CFR part 150 31, 1996. Mark L. Gerchick, are in compliance with applicable Type of Request: Extension of a requirements. The FAA also announces Acting Assistant Secretary for Aviation and currently approved information International Affairs. that it is reviewing a proposed noise collection. compatibility program that was [FR Doc. 95–25597 Filed 10–13–95; 8:45 am] Description of Respondents: Small submitted for Kenosha Regional Airport businesses. BILLING CODE 4910±62±P under part 150 in conjunction with the Burden Per Response: 4 hours. noise exposure map, and that this Annual Responses: 363. [Docket 37554] program will be approved or Annual Burden: 1,452. disapproved on or before March 25, Comments: Send all comments Notice of Order Adjusting the Standard 1996. regarding this information collection to Foreign Fare Level Index EFFECTIVE DATE: The effective date of the Lou Emma Jones, Small Business Section 41509(e) of Title 49 of the FAA’s determination on the noise Administration, Office of Government United States Code requires that the exposure maps and of the start of its Contracting, 409 3rd Street, SW., Suite Department, as successor to the Civil review of the associated noise 8800, Washington, DC 20416. Phone Aeronautics Board, establish a Standard compatibility program is September 27, Number: 202–205–6460. Foreign Fare Level (SFFL) by adjusting 1995. The public comment period ends Send comments regarding whether the SFFL base periodically by November 27, 1995. this information collection is necessary percentage changes in actual operating FOR FURTHER INFORMATION CONTACT: John for the proper performance of the costs per available seat-mile (ASM). Michael Dougherty, Federal Aviation function of the agency, accuracy of Order 80–2–69 established the first Administration, Airports District Office, burden estimate, in addition to ways to interim SFFL, and Order 95–7–48 room 102, 6020 28th Avenue South, minimize this estimate, and ways to established the currently effective two- Minneapolis, Minnesota 55450, (612) enhance the quality. month SFFL applicable through 725–4222. Comments on the proposed Georgia Greene, September 30, 1995. noise compatibility program should also Chief, Administrative Information Branch. In establishing the SFFL for the two- be submitted to the above office. [FR Doc. 95–25591 Filed 10–13–95; 8:45 am] month period beginning October 1, SUPPLEMENTARY INFORMATION: This BILLING CODE 8025±01±P 1995, we have projected non-fuel costs notice announces that the FAA finds 53666 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices that the noise exposure maps submitted noise exposure maps is limited to a preventing the introduction of for Kenosha Regional Airport are in finding that the maps were developed in additional noncompatible land uses. compliance with applicable accordance with the procedures Interested persons are invited to requirements of part 150, effective contained in appendix A of FAR part comment on the proposed program with September 27, 1995. Further, FAA is 150. Such determination does not specific reference to these factors. All reviewing a proposed noise constitute approval of the applicant’s comments, other than those properly compatibility program for that airport data, information or plans, or a addressed to local land use authorities, which will be approved or disapproved commitment to approve a noise will be considered by the FAA to the on or before March 25, 1996. This notice compatibility program or to fund the extent practicable. Copies of the noise also announces the availability of this implementation of that program. exposure maps, the FAA’s evaluation of program for public review and If questions arise concerning the the maps, and the proposed noise comment. precise relationship of specific compatibility program are available for Under section 103 of title I of the properties to noise exposure contours examination at the following locations: Aviation Safety and Noise Abatement depicted on a noise exposure map Federal Aviation Administration, 800 Act of 1979 (hereinafter referred to as submitted under section 103 of the Act, Independence Avenue, SW., Room ‘‘the Act’’), an airport operator may it should be noted that the FAA is not 617, Washington, D.C. 20591 submit to the FAA noise exposure maps involved in any way in determining the Federal Aviation Administration, which meet applicable regulations and relative locations of specific properties Minneapolis Airports District Office, which depict noncompatible land uses with regard to the depicted noise Room 102, 6020 28th Avenue South, as of the date of submission of such contours, or in interpreting the noise Minneapolis Minnesota 55450 maps, a description of projected aircraft exposure maps to resolve questions Office of the Airport Director, Kenosha operations, and the ways in which such concerning, for example, which Regional Airport, 9900 52nd Street, operations will affect such maps. The properties should be covered by the Kenosha, Wisconsin 53144 Act requires such maps to be developed provisions of section 107 of the Act. Wisconsin Bureau of Aeronautics, State in consultation with interested and These functions are inseparable from Transportation Building, Room 701, affected parties in the local community, the ultimate land use control and 4802 Sheboygan Avenue, Madison, government agencies, and persons using planning responsibilities of local Wisconsin 53707 the airport. government. These local responsibilities An airport operator who has Questions may be directed to the are not changed in any way under part submitted noise exposure maps that are individual named above under the 150 of through FAA’s review of noise found by FAA to be in compliance with heading, FOR FURTHER INFORMATION exposure maps. Therefore, the the requirements of Federal Aviation CONTACT. responsibility for the detail overlaying Regulations (FAR) part 150, of noise exposure contours onto the map Issued in Minneapolis, Minnesota, promulgated pursuant to title I of the September 27, 1995. depicting properties on the surface rests Act, may submit a noise compatibility Franklin D. Benson, program for FAA approval which sets exclusively with the airport operator who submitted those maps, or with Manager, Minneapolis Airports District forth the measures the operator has Office, FAA Great Lakes Region. taken or proposes for the reduction of those public agencies and planning agencies with which consultation is [FR Doc. 95–25585 Filed 10–13–95; 8:45 am] existing noncompatible uses and for the BILLING CODE 4910±13±M prevention of the introduction of required under section 103 of the Act. additional noncompatible uses. The FAA has relied on the certification by the airport operator, under section The City of Kenosha submitted to the RTCA, Inc.; Special Committee 186; 150.21 of FAR part 150, that the FAA on December 21, 1994, noise Automatic Dependent SurveillanceÐ statutory required consultation has been exposure maps, descriptions and other Broadcast (ADS±B) documentation which were produced accomplished. during the FAR part 150 Noise The FAA has formerly received the Pursuant to section 10(a)(2) of the Compatibility Study from April 1992 to noise compatibility program for Federal Advisory Committee Act (P.L. December 1994. It was requested that Kenosha Regional Airport, also effective 92–463, 5 U.S.C., Appendix 2), notice is the FAA review this material as the on September 27, 1995. Preliminary hereby given for Special Committee 186 noise exposure maps, as described in review of the submitted material meeting to be held November 1–2, 1995, section 103(a)(1) of the Act, and that the indicates that it conforms to the beginning at 9 a.m. The meeting will be noise mitigation measures, to be requirements for the submittal of noise held at RTCA, Inc., 1140 Connecticut implemented jointly by the airport and compatibility programs, but that further Avenue, NW., Suite 1020, Washington, surrounding communities, be approved review will be necessary prior to DC 20036. as a noise compatibility program under approval or disapproved of the program. The agenda will include: (1) section 104(b) of the Act. The formal review period, limited by Chairman’s Introductory Remarks/ The FAA has completed its review of law to a maximum of 180 days, will be Review of Meeting Agenda; (2) Review the noise exposure maps and related completed on or before March 25, 1996. and Approval of Minutes of the descriptions submitted by The City of The FAA’s detailed evaluation will be Previous Meeting; (3) Report of Working Kenosha. The specific maps under conducted under the provisions of 14 Group Activities: a. Working Group 1 consideration are the 1992 existing CFR part 150, section 150.33. The Report (Operations Working Group); b. Noise Exposure Map and the 1997 primary considerations in the Working Group 2 Report (Technical future Noise Exposure Map. The FAA evaluation process are whether the Working Group); (4) Discussion of SC– has determined that these maps for proposed measures may reduce the level 186 Terms of Reference; (5) Other Kenosha Regional Airport are in of aviation safety, create an undue Business; (6) Date and Place of Next compliance with applicable burden on interstate or foreign Meeting. requirements. This determination is commerce, or be reasonably consistent Attendance is open to the interested effective on September 27, 1995. FAA’s with obtaining the goal of reducing public but limited to space availability. determination on an airport operator’s existing noncompatible land uses and With the approval of the chairman, Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53667 members of the public may present oral advisory committees established by the FOR FURTHER INFORMATION CONTACT: statements at the meeting. Persons several major segments of the financial Requests for additional information or wishing to present statements or obtain community. When so utilized, such a copies of the form(s) and instructions information should contact the RTCA committee is recognized to be an should be directed to U.S. Customs Secretariat, 1140 Connecticut Avenue, advisory committee under 5 U.S.C. App. Service, Attn: Norman Waits, Room NW., Suite 1020, Washington, DC 3. 6216, 1301 Constitution Avenue NW., 20036; (202) 833–9339 (phone) or (202) Although the Treasury’s final Washington, DC 20229, Tel. (202) 927– 833–9434 (fax). Members of the public announcement of financing plans may 1551. may present a written statement to the not reflect the recommendations SUPPLEMENTARY INFORMATION: Customs committee at any time. provided in reports of the advisory invites the general public and other Issued in Washington, DC, on October 10, committee, premature disclosure of the Federal agencies to comment on 1995. committee’s deliberations and reports proposed and/or continuing information Janice L. Peters, would be likely to lead to significant collections pursuant to the Paperwork Designated Official. financial speculation in the securities Reduction Act of 1995 (Public Law 104– market. Thus, these meetings fall within [FR Doc. 95–25586 Filed 10–13–95; 8:45 am] 13; 44 U.S.C. 3506(c)(2)(A)). The the exemption covered by 5 U.S.C. BILLING CODE 4810±13±M comments should address the accuracy 552b(c)(9)(A). of the burden estimates and ways to The Office of the Under Secretary for minimize the burden including the use Domestic Finance is responsible for DEPARTMENT OF THE TREASURY of automated collection techniques or maintaining records of debt the use of other forms of information Departmental Offices; Debt management advisory committee technology, as well as other relevant Management Advisory Committee meetings and for providing annual aspects of the information collection. Meeting reports setting forth a summary of The comments that are submitted will committee activities and such other be summarized and included in the Notice is hereby given, pursuant to 5 matters as may be informative to the Customs request for Office of U.S.C. App. 10(a)(2), that a meeting will public consistent with the policy of 5 Management and Budget (OMB) be held at the U.S. Treasury U.S.C. 552b. approval. All comments will become a Department, 15th and Pennsylvania Dated: October 10, 1995. matter of public record. In this Avenue, N.W., Washington, D.C., on John D. Hawke, Jr., document Customs is soliciting October 31 and November 1, 1995, of Under Secretary (Domestic Finance). comments concerning the following the following debt management information collection: advisory committee: [FR Doc. 95–25556 Filed 10–13–95; 8:45 am] BILLING CODE 4810±25±M Title: Application for Customs Public Securities Association Approval/Accreditation to Commercial Treasury Borrowing Advisory Committee Gaugers and Commercial Laboratories. The agenda for the meeting provides Customs Service OMB Number: 1515–0155. for a technical background briefing by Form Number: N/A. Treasury staff on October 31, followed Public Information Collection Abstract: This collection of by a charge by the Secretary of the Requirements Request for Public information is required from individuals Treasury or his designate that the Input; Application for Customs and businesses in establishing the committee discuss particular issues, and Approval/Accreditation to Commercial applicant’s credentials so that Customs a working session. On November 1, the Gaugers and Commercial Laboratories can determine whether or not the committee will present a written report applicant meets the requirements for AGENCY: U.S. Customs Service, of its recommendations. Department of the Treasury. accreditation and is qualified to analyze The background briefing by Treasury importations. staff will be held at 11:30 a.m. Eastern ACTION: Announcement of information Current Actions: Section 613 of Public time on October 31 and will be open to collection; Request for comments. Law 103–182 (NAFTA Implementation the public. The remaining sessions on SUMMARY: As part of its continuing effort Act) directs Customs to establish a October 31 and the committee’s to reduce paperwork and respondent procedure to accredit privately owned reporting session on November 1 will be burden, Customs invites the general testing laboratories. The application and closed to the public, pursuant to 5 public and other Federal agencies to resulting fee collection procedures have U.S.C. App. 10(d). comment on an information collection been established to comply with the This notice shall constitute my statute. determination, pursuant to the authority requirement concerning Application for Customs Approval/Accreditation to Type of Review: Revision. placed in heads of departments by 5 Affected Public: Business or other for- U.S.C. App 10(d) and vested in me by Commercial Gaugers and Commercial Laboratories. This request for comment profit institutions, Individuals or Treasury Department Order No. 101–05, households. that the closed portions of the meeting is being made pursuant to the Paperwork Reduction Act of 1995 Estimated Number of Respondents: are concerned with information that is 85. exempt from disclosure under 5 U.S.C. (Public Law 104–13; 44 U.S.C. 3506(c)(2)(A)). Estimated Time Per Respondent: 1 552b(c)(9)(A). The public interest hour. DATES: Written comments should be requires that such meetings be closed to Estimated Total Annual Burden received on or before December 4, 1995, the public because the Treasury Hours: 100. Department requires frank and full to be assured of consideration. Dated: October 2, 1995. advice from representatives of the ADDRESSES: Direct all written comments financial community prior to making its to U.S. Customs Service, Printing and V. Carol Barr, final decision on major financing Records Services Group, Room 6216, Leader, Printing and Records Services Group. operations. Historically, this advice has 1301 Constitution Ave., NW., [FR Doc. 95–25465 Filed 10–13–95; 8:45 am] been offered by debt management Washington, DC 20229. BILLING CODE 4820±02±M 53668 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Public Information Collection Current Actions: There are no changes of the burden estimates and ways to Requirements Request for Public to this information collection. This minimize the burden including the use Input; Commercial Invoices submission is being submitted to extend of automated collection techniques or the expiration date. the use of other forms of information AGENCY: U.S. Customs Service, Type of review: Extension (without technology, as well as other relevant Department of Treasury. change). aspects of the information collection. ACTION: Announcement of information Affected Public: Business or other for- The comments that are submitted will collection; Request for comments. profit institutions. be summarized and included in the Estimated Number of Respondents: SUMMARY: As part of its continuing effort Customs request for Office of 2,952. to reduce paperwork and respondent Management and Budget (OMB) Estimated Number of Responses: burden, Customs invites the general approval. All comments will become a 9,000,000. matter of public record. In this public and other Federal agencies to Estimated Time Per Respondent: 10 comment on an information collection document Customs is soliciting seconds. requirement concerning Commercial comments concerning the following Estimated Annual Burden Hours: information collection: Invoices. This request for comments is 25,210. being made pursuant to the Paperwork Title: Exportation of Self-Propelled Reduction Act of 1995 (Public Law 104– Dated: October 2, 1995. Vehicles. 13; 44 U.S.C. 3506(c)(2)(A). V. Carol Barr, OMB Number: 1515–0157. Leader, Printing and Records Services Group. Form Number: N/A. DATES: Written comments should be Abstract: This collection of received on or before December 4, 1995, [FR Doc. 95–25466 Filed 10–13–95; 8:45 am] information is required to verify vehicle to be assured of consideration. BILLING CODE 4820±02±M ownership of exporters for importation/ ADDRESSES: Direct all written comments exportation of vehicles in the United to U.S. Customs Service, Printing and States. Any individual attempting to Public Information Collection Records Services Group, Room 6216, export such a vehicle to furnish Requirements, Request for Public 1301 Constitution Ave., NW., documentation, to include the vehicle Input; Exportation of Self-Propelled Washington, DC 20229. identification number as proof that the Vehicles FOR FURTHER INFORMATION CONTACT: vehicle is lawfully owned by the Requests for additional information or AGENCY: U.S. Customs Service, exporter. copies of the form(s) and instructions Department of the Treasury. Current Actions: There are no changes should be directed to U.S. Customs ACTION: Announcement of information to the information collection. This Service, Attn: Norman Waits, Room collection; Request for comments. submission is being submitted to extend 6216, 1301 Constitution Avenue NW., the expiration date. Washington, DC 20229, Tel. (202) 927– SUMMARY: As part of its continuing effort Type of Review: Extension (without 1551. to reduce paperwork and respondent change). SUPPLEMENTARY INFORMATION: Customs burden, Customs invites the general Affected Public: Business or other for- invites the general public and other public and other Federal agencies to profit institutions, individuals or Federal agencies to comment on comment on an information collection households. proposed and/or continuing information requirement concerning Exportation of Estimated Number of Respondents: collections pursuant to the Paperwork Used Self-Propelled Vehicles. This 64,000. Reduction Act of 1995 (Public Law 104– request for comment is being made Estimated Time Per Respondent: 10 13; 44 U.S.C. 3506(c)(2)(A)). The pursuant to the Paperwork Reduction minutes. comments should address the accuracy Act of 1995 (Public Law 104–13; 44 Estimated Total Annual Burden of the burden estimates and ways to U.S.C. 3506(c)(2)(A)). Hours: 12,662. minimize the burden including the use DATES: Written comments should be Dated: October 2, 1995. of automated collection techniques or received on or before December 4, 1995, V. Carol Barr, the use of other forms of information to be assured of consideration. Leader, Printing and Records Services Group. technology, as well as other relevant ADDRESSES: Direct all written comments [FR Doc. 95–25467 Filed 10–13–95; 8:45 am] aspects of the information collection. to U.S. Customs Service, Printing and BILLING CODE 4820±02±M The comments that are submitted will Records Services Group, Room 6216, be summarized and included in the 1301 Constitution Ave., NW., Customs request for Office of Washington, DC 20229. Public Information Collection Management and Budget (OMB) FOR FURTHER INFORMATION CONTACT: Requirements, Request for Public approval. All comments will become a Requests for additional information or Input; Foreign Assemblers Declaration matter of public record. In this copies of the form(s) and instructions document Customs is soliciting AGENCY: U.S. Customs Service, should be directed to U.S. Customs comments concerning the following Department of the Treasury. Service, Attn: Norman Waits, Room information collection: ACTION: Announcement of information 6216, 1301 Constitution Avenue NW., Title: Commercial Invoices. collection; Request for comments. OMB Number: 1515–0120. Washington, DC 20229, Tel. (202) 927– Form Number: CF 7501. 1551. SUMMARY: As part of its continuing effort Abstract: The collection of SUPPLEMENTARY INFORMATION: Customs to reduce paperwork and respondent information on the Commercial Invoice invites the general public and other burden, Customs invites the general is necessary for the proper assessment of Federal agencies to comment on public and other Federal agencies to Customs duties. The information which proposed and/or continuing information comment on an information collection is supplied by the foreign shipper is collections pursuant to the Paperwork requirement concerning Foreign used to ascertain the proper tariff Reduction Act of 1995 (Public Law 104– Assembler’s Declaration (With classification and Customs valuation of 13; 44 U.S.C. 3506(c)(2)(A)). The Endorsement By The Importer). This imported merchandise. comments should address the accuracy request for comment is being made Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53669 pursuant to the Paperwork Reduction Dated: October 2, 1995. Form Number: N/A. Act of 1995 (Public Law 104–13; 44 V. Carol Barr, Abstract: The collection of U.S.C. 3506(c)(2)(A)). Leader, Printing and Records Services Group. information on the Harbor Maintenance DATES: Written comments should be [FR Doc. 95–25468 Filed 10–13–95; 8:45 am] Fee is used to certify that nonprofit organizations or cooperatives which received on or before December 4, 1995, BILLING CODE 4820±02±M to be assured of consideration. own or finance cargo that is intended for use in humanitarian or developmental ADDRESSES: Direct all written comments Public Information Collection assistance overseas, are entitled to an to U.S. Customs Service, Printing and exemption from the harbor maintenance Records Services Group, Room 6216, Requirements, Request for Public Input; Harbor Maintenance Fee fee. 1301 Constitution Ave., NW., Current Actions: A rule change Washington, DC 20229. AGENCY: U.S. Customs Service, (Public Law 100–647) included an FOR FURTHER INFORMATION CONTACT: Department of the Treasury. exemption for nonprofit organizations Requests for additional information or ACTION: Announcement of information or cooperatives which own or finance copies of the form(s) and instructions collection; Request for comments. cargo are entitled to the exemption from should be directed to U.S. Customs payment. Service, Attn: Norman Waits, Room SUMMARY: As part of its continuing effort Type of Review: Extension (with 6216, 1301 Constitution Avenue NW., to reduce paperwork and respondent change). Washington, DC 20229, Tel. (202) 927– burden, Customs invites the general Estimated Number of Respondents: 1551. public and other Federal agencies to 130. Estimated Time Per Respondent: 25 SUPPLEMENTARY INFORMATION: Customs comment on an information collection minutes. invites the general public and other requirement concerning the Harbor Maintenance Fee. This request for Estimated Total Annual Burden Federal agencies to comment on Hours: 389. proposed and/or continuing information comment is being made pursuant to the collections pursuant to the Paperwork Paperwork Reduction Act of 1995 Dated: October 2, 1995. Reduction Act of 1995 (Public Law 104– (Public Law 104–13; 44 U.S.C. V. Carol Barr, 13; 44 U.S.C. 3506(c)(2)(A)). The 3506(c)(2)(A)). Leader, Printing and Records Services Group. comments should address the accuracy DATES: Written comments should be [FR Doc. 95–25469 Filed 10–13–95; 8:45 am] of the burden estimates and ways to received on or before December 4, 1995, BILLING CODE 4820±02±M minimize the burden including the use to be assured of consideration. of automated collection techniques or ADDRESSES: Direct all written comments the use of other forms of information to U.S. Customs Service Printing and Public Information Collection technology, as well as other relevant Records Services Group, Room 6216, Requirements; Request for Public aspects of the information collection. 1301 Constitution Ave., NW., Input; Importer ID Import Record The comments that are submitted will Washington, DC 20229. AGENCY: U.S. Customs Service, be summarized and included in the FOR FURTHER INFORMATION CONTACT: Department of the Treasury. Customs request for Office of Requests for additional information or ACTION: Announcement of information Management and Budget (OMB) copies of the form(s) and instructions collection; Request for comments. approval. All comments will become a should be directed to U.S. Customs matter of public record. In this Service, Attn: Norman Waits, Room SUMMARY: As part of its continuing effort document Customs is soliciting 6216, 1301 Constitution Avenue NW., to reduce paperwork and respondent comments concerning the following Washington, DC 20229, Tel. (202) 927– burden, Customs invites the general information collection: 1551. public and other Federal agencies to Title: Foreign Assembler’s Declaration SUPPLEMENTARY INFORMATION: Customs comment on an information collection (With Endorsement By The Importer). invites the general public and other requirement concerning Importer ID OMB Number: 1515–0088. Federal agencies to comment on Input Record. This request for comment Form Number: N/A. proposed and/or continuing information is being made pursuant to the Abstract: This collection of collections pursuant to the Paperwork Paperwork Reduction Act of 1995 information is required to substantiate a Reduction Act of 1995 (Public Law 104– (Public Law 104–13; 44 U.S.C. claim for duty-free treatment of U.S. 13; 44 U.S.C. 3506(c)(2)(A)). The 3506(c)(2)(A)). fabricated components sent abroad for comments should address the accuracy DATES: Written comments should be assembly and subsequently returned to of the burden estimates and ways to received on or before December 4, 1995, the U.S. minimize the burden including the use to be assured of consideration. Current Actions: There are no changes of automated collection techniques or ADDRESSES: Direct all written comments to the information collection. This the use of other forms of information to U.S. Customs Service, Printing and submission is being submitted to extend technology, as well as other relevant Records Services Group, Room 6216, the expiration date. aspects of the information collection. 1301 Constitution Ave., NW., Type of Review: Extension (without The comments that are submitted will Washington, DC 20229. change). be summarized and included in the FOR FURTHER INFORMATION CONTACT: Affected Public: Business or other for- Customs request for Office of Requests for additional information or profit institutions, Individuals or Management and Budget (OMB) copies of the form(s) and instructions households. approval. All comments will become a should be directed to U.S. Customs Estimated Number of Respondents: matter of public record. In this Service, Attn: Norman Waits, Room 2,730. document Customs is soliciting 6216, 1301 Constitution Avenue NW., Estimated Time Per Respondent: 50 comments concerning the following Washington, DC 20229, Tel. (202) 927– minutes. information collection: 1551. Estimated Total Annual Burden Title: Harbor Maintenance Fee. SUPPLEMENTARY INFORMATION: Customs Hours: 283,469. OMB Number: 1515–0158. invites the general public and other 53670 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
Federal agencies to comment on Reduction Act of 1995 (Public Law 104– Dated: October 2, 1995. proposed and/or continuing information 13; 44 U.S.C. 3506(c)(2)(A)). V. Carol Barr, collections pursuant to the Paperwork DATES: Written comments should be Leader, Printing and Records Services Group. Reduction Act of 1995 (Public Law 104– received on or before December 4, 1995, [FR Doc. 95–25471 Filed 10–13–95; 8:45 am] 13; 44 U.S.C. 3506(c)(2)(A)). The to be assured of consideration. BILLING CODE 4820±02±M comments should address the accuracy of the burden estimates and ways to ADDRESSES: Direct all written comments minimize the burden including the use to U.S. Customs Service, Printing and Public Information Collection of automated collection techniques or Records Services Group, Room 6216, Requirements Request for Public the use of other forms of information 1301 Constitution Ave., NW., Input; Importers of Merchandise technology, as well as other relevant Washington, DC 20229. Subject to Actual Use Provisions aspects of the information collection. FOR FURTHER INFORMATION CONTACT: AGENCY: U.S. Customs service, The comments that are submitted will Requests for additional information or Department of the Treasury. be summarized and included in the copies of the form(s) and instructions Customs request for Office of ACTION: Announcement of information should be directed to U.S. Customs Management and Budget (OMB) collection; Request for comments. Service, Attn: Norman Waits, Room approval. All comments will become a 6216, 1301 Constitution Avenue NW., SUMMARY: As part of its continuing effort matter of public record. In this Washington, DC 20229, Tel. (202) 927– to reduce paperwork and respondent document Customs is soliciting 1551. burden, Customs invites the general comments concerning the following public and other Federal agencies to information collection: SUPPLEMENTARY INFORMATION: Customs comment on an information collection Title: Importer ID Input Record. invites the general public and other requirement concerning Importers of OMB Number: 1515–0191. Federal agencies to comment on Merchandise Subject to Actual Use Form Number: CF–5106. proposed and/or continuing information Provisions. This request for comment is Abstract: This collection of collections pursuant to the Paperwork being made pursuant to the Paperwork information is required to establish Reduction Act of 1995 (Public Law 104– Reduction Act of 1995 (Public Law 104– bond coverage, release and entry of 13; 44 U.S.C. 3506(c)(2)(A)). The 13; 44 U.S.C. 3506(c)(A)). merchandise, liquidation, issuance of comments should address the accuracy DATES: Written comments should be bills and refunds, and processing of of the burden estimates and ways to received on or before December 4, 1995, drawback and FP&F actions. minimize the burden including the use to be assured of consideration. of automated collection techniques or Current Actions: There are no changes ADDRESSES: Direct all written comments to the information collection. This the use of other forms of information to U.S. Customs Service, Printing and submission is being submitted to extend technology, as well as other relevant Records Services Group, Room 6216, the expiration date. aspects of the information collection. 1301 Constitution Ave., NW., Type of Review: Extension (without The comments that are submitted will Washington, DC 20229. be summarized and included in the change). FOR FURTHER INFORMATION CONTACT: Customs request for Office of Affected Public: Business or other for- Requests for additional information or Management and Budget (OMB) profit institutions. copies of the form(s) and instructions approval. All comments will become a Estimated Number of Respondents: should be directed to U.S. Customs matter of public record. In this 240. Service, Attn: Norman Waits, Room document Customs is soliciting Estimated Time Per Respondent: 6 6216, 1301 Constitution Avenue NW., comments concerning the following minutes. Washington, DC 20229, Tel. (202) 927– information collection: Estimated Total Annual Burden 1551. Hours: 48. Title: Protest. SUPPLEMENTARY INFORMATION: Customs Dated: October 2, 1995. OMB Number: 1515–0056. invites the general public and other V. Carol Barr, Form Number: CF 19. Federal agencies to comment on Leader, Printing and Records Services Group. Abstract: This collection of proposed and/or continuing information [FR Doc. 95–25470 Filed 10–13–95; 8:45 am] information is required information collections pursuant to the Paperwork Reduction Act of 1995 (Public Law 104– BILLING CODE 4820±02±M necessary to identify documents and statements in order to allow or deny the 13; 44 U.S.C. 3506(c)(2)(A)). The protest, and to advise protestant. comments should address the accuracy Public Information Collection of the burden estimates and way to Current Actions: There are no changes Requirements Request for Public minimize the burden including the use to the information collection. This Input; Protest of automated collection techniques or submission is being submitted to extend the use of other forms of information AGENCY: U.S. Customs Service, the expiration date. technology, as well as other relevant Department of the Treasury. Type of Review: Extension (without aspects of the information collection. ACTION: Announcement of information change). The comments that are submitted will collection; Request for comments. Affected Public: Business or other for- be summarized and included in the profit institutions, Individuals or Customs request for Office of SUMMARY: As part of its continuing effort households. Management and Budget (OMB) to reduce paperwork and respondent approval. All comments will become a burden, Customs invites the general Estimated Number of Respondents: 3,700. matter of public record. public and other Federal agencies to In this document Customs is soliciting comment on an information collection Estimated Time Per Respondent: 1 comments concerning the following requirement concerning Importer’s hour. information collection: Protest. This request for comment is Estimated Total Annual Burden Title: Importers of Merchandise being made pursuant to the Paperwork Hours: 23,432. Subject to Actual Use Provisions. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53671
OMB Number: 1515–0091. SUPPLEMENTARY INFORMATION: Customs ACTION: Announcement of information Form Number: N/A. invites the general public and other collection; Request for comments. Abstract: This collection of Federal agencies to comment on information is required to identify proposed and/or continuing information SUMMARY: As part of its continuing effort certain items that may be admitted duty- collections pursuant to the Paperwork to reduce paperwork and respondent free such as farming implements, seed, Reduction Act of 1995 (Public Law 104– burden, Customs invites the general potatoes, etc. providing the importer can 13; 44 U.S.C. 3506(c)(2)(A)). The public and other Federal agencies to prove these items were actually used as comments should address the accuracy comment on an information collection contemplated by law. of the burden estimates and ways to requirement concerning the Petroleum Current Actions: There are no changes minimize the burden including the use Refineries in Foreign Trade Subzones. to the information collection. This of automated collection techniques or This request for comment is being made pursuant to the Paperwork Reduction submission is being submitted to extend the use of other forms of information Act of 1995 (Public Law 104–13; 44 the expiration date. technology, as well as other relevant U.S.C. 3506(b)(2)(A)). Type of Review: Extension (without aspects of the information collection. change). The comments that are submitted will DATES: Written comments should be Affected Public: Business or other for- be summarized and included in the received on or before December 4, 1995, profit institutions, Individuals or Customs request for Office of to be assured of consideration. households. Management and Budget (OMB) ADDRESSES: Direct all written comments Estimated Number of Respondents: approval. All comments will become a to U.S. Customs Service Printing and 12,000. matter of public record. In this Records Services Group, Room 6216, Estimated Time Per Respondent: 60 document Customs is soliciting 1301 Constitution Ave., NW., minutes. comments concerning the following Washington, DC 20229. Estimated Total Annual Burden information collection: FOR FURTHER INFORMATION CONTACT: Hours: 13,000. Title: Manufacturing Drawback and/or Requests for additional information or Dated: October 2, 1995. Certificates. copies of the form(s) and instructions V. Carol Barr, OMB Number: 1515–0148. should be directed to U.S. Customs Service, Attn: Norman Waits, Room Leader, Printing and Records Services Group. Form Number: CF 331. 6216, 1301 Constitution Avenue NW., [FR Doc. 95–25472 Filed 10–13–95; 8:45 am] Abstract: The collection of Washington, DC 20229, Tel. (202) 927– BILLING CODE 4820±02±M information on the Manufacturing 1551. Drawback Entry and/or Certificate is SUPPLEMENTARY INFORMATION: Customs necessary for the proper filing, invites the general public and other Public Information Collection documentation and validation upon the Requirements; Request for Public Federal agencies to comment on exportation of articles manufactured or proposed and/or continuing information Input; Manufacturing Drawback and/or produced in the U.S. with the use of Certificates collections pursuant to the Paperwork imported merchandise or domestic Reduction Act of 1995 (Public Law 104– merchandise of the same kind and AGENCY: U.S. Customs Service, 13; 44 U.S.C. 3506(c)(2)(A)). The quality, with a percentage of the amount Department of the Treasury. comments should address the accuracy of duties paid on the merchandise to be of the burden estimates and ways to ACTION: Announcement of information refunded as drawback. collection; Request for comments. minimize the burden including the use Current Actions: There are no changes of automated collection techniques or SUMMARY: As part of its continuing effort to this information collection. This the use of other forms of information to reduce paperwork and respondent submission is being submitted to extend technology, as well as other relevant burden, Customs invites the general the expiration date. aspects of the proposed information public and other Federal agencies to Type of Review: Extension (without collection. The comments that are comment on an information collection change). submitted will be summarized and requirement concerning the Affected Public: Business or other for- included in the Customs request for Manufacturing Drawback and/or profit institutions. Office of Management and Budget Certificates. This request for comment is Estimated Number of Respondents: (OMB) approval. All comments will being made pursuant to the Paperwork 3,500. become a matter of public record. In this Reduction Act of 1995 (Public Law 104– Estimated Time Per Respondent: 20 document Customs is soliciting 13; 44 U.S.C. 3506(C)(2)(A)). minutes. comments concerning the following DATES: Written comments should be Estimated Total Annual Burden information collection: received on or before December 4, 1995, Hours: 124,998. Title: Petroleum Refineries in Foreign to be assured of consideration. Trade Subzones. Dated: October 2, 1995. OMB Number: 1515–0189. ADDRESSES: Direct all written comments V. Carol Barr, Form Number: N/A. to U.S. Customs Service, Printing and Leader, Printing and Records Services Group. Abstract: The collection of Records Services Group, Room 6216, [FR Doc. 95–25473 Filed 10–13–95; 8:45 am] information on the Petroleum Refineries 1301 Constitution Ave., NW., BILLING CODE 4820±02±M in Foreign Trade Subzones is required Washington, DC 20229. information necessary to account for all FOR FURTHER INFORMATION CONTACT: admissions into, operations occurring Requests for additional information or Public Information Collection within each phase of a refining copies of the form(s) and instructions Requirements, Request for Public operation, and for all withdrawals from should be directed to U.S. Customs Input; Petroleum Refineries in Foreign said premises. The data is deemed Service, Attn: Norman Waits, Room Trade Subzones necessary in order to protect the 6216, 1301 Constitution Avenue NW., revenue. Washington, DC. 20229, Tel. (202) 927– AGENCY: U.S. Customs Service, Current Actions: A rule change (T.D. 1551. Department of the Treasury. 95–35) added a new 19 CFR Part 53672 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
146.91–96 governing the operations of technology, as well as other relevant Records Services Group, Room 6216, crude petroleum refineries. This aspects of the information collection. 1301 Constitution Ave., NW., submission is being submitted to extend The comments that are submitted will Washington, DC 20229. the expiration date. be summarized and included in the FOR FURTHER INFORMATION CONTACT: Type of Review: Extension (with Customs request for Office of Requests for additional information or change). Management and Budget (OMB) copies of the form(s) and instructions Estimated Number of Respondents: approval. All comments will become a should be directed to U.S. Customs 18. matter of public record. In this Service, Attn: Norman Waits, Room Estimated Time Per Respondent: 6 document Customs is soliciting 6216, 1301 Constitution Avenue NW., hours. comments concerning the following Washington, DC 20229, Tel. (202) 927– Estimated Total Annual Burden information collection: 1551. Hours: 37,440. Title: Proof of Use for Rates of Duty Dated: October 2, 1995. Dependent on Actual Use. SUPPLEMENTARY INFORMATION: Customs V. Carol Barr, OMB Number: 1515–0109. invites the general public and other Leader, Printing and Records Services Group. Form Number: N/A. Federal agencies to comment on Abstract: This collection of proposed and/or continuing information [FR Doc. 95–25474 Filed 10–13–95; 8:45 am] information is required information collections pursuant to the Paperwork BILLING CODE 4820±02±M necessary to identify documents and Reduction Act of 1995 (Public Law 104– statements in order to allow or deny the 13; 44 U.S.C. 3506(c)(2)(A)). The Public Information Collection protest, and to advise protestant. comments should address the accuracy Requirements; Request for Public Current Actions: There are no changes of the burden estimates and ways to Input; Proof of Use for Rates of Duty to the information collection. This minimize the burden including the use Dependent or Actual Use submission is being submitted to extend of automated collection techniques or the expiration date. the use of other forms of information AGENCY: U.S. Customs Service, Type of Review: Extension (without technology, as well as other relevant Department of the Treasury. change). aspects of the information collection. ACTION: Announcement of information Affected Public: Business or other for- The comments that are submitted will collection; request for comments. profit institutions, Individuals or be summarized and included in the households. Customs request for Office of SUMMARY: As part of its continuing effort Estimated Number of Respondents: Management and Budget (OMB) to reduce paperwork and respondent 700. approval. All comments will become a burden, Customs invites the general Estimated Time Per Respondent: 20 matter of public record. public and other Federal agencies to minutes. In this document Customs is soliciting comment on an information collection Estimated Total Annual Burden comments concerning the following requirement concerning Proof of Use for Hours: 4,025. information collection: Rates of Duty Dependent on Actual Use. Dated: October 2, 1995. Title: Special Form of Entry of This request for comment is being made Articles for Exhibition. pursuant to the Paperwork Reduction V. Carol Barr, Act of 1995 (Public Law 104–13; 44 Leader, Printing and Records Services Group. OMB Number: 1515–0106. U.S.C. 3506(c)(2)(A)). [FR Doc. 95–25475 Filed 10–13–95; 8:45 am] Form Number: N/A. DATES: Written comments should be BILLING CODE 4820±02±M Abstract: The collection of received on or before December 4, 1995, information on the Special form of Entry to be assured of consideration. of Articles for Exhibition is necessary Public Information Collection for the proper control of goods which ADDRESSES: Direct all written comments Requirements; Request for Public to U.S. Customs Service Printing and enter through the borders of the United Input; Special Form of Entry of Articles States. Goods are entered for exhibit free Records Services Group, Room 6216, for Exhibition 1301 Constitution Ave., NW., of duty under the legal authority of the Washington, DC 20229. AGENCY: U.S. Customs Service, Tariff Schedules of the United States. FOR FURTHER INFORMATION CONTACT: Department of the Treasury. Current Actions: There are no changes Requests for additional information or ACTION: Announcement of information to this information collection. This copies of the form(s) and instructions collection; Request for comments. submission is being submitted to extend should be directed to U.S. Customs the expiration date. Service, Attn: Norman Waits, Room SUMMARY: As part of its continuing effort Type of Review: Extension (without 6216, 1301 Constitution Avenue NW., to reduce paperwork and respondent change). Washington, DC 20229, Tel. (202) 927– burden, Customs invites the general Affected Public: Business or other for- 1551. public and other Federal agencies to profit institutions. SUPPLEMENTARY INFORMATION: Customs comment on an information collection Estimated Number of Respondents: invites the general public and other requirement concerning the Special 35. Form of Entry of Articles for Exhibition. Federal agencies to comment on Estimated Time Per Respondent: 20 This request for comment is being made proposed and/or continuing information minutes. collections pursuant to the Paperwork pursuant to the Paperwork Reduction Act of 1995 (Public Law 104–13; 44 Estimated Total Annual Burden Reduction Act of 1995 (Public Law 104– Hours: 467. 13; 44 U.S.C. 3506(c)(2)(A)). The U.S.C. 3506(c)(2)(A)). comments should address the accuracy DATES: Written comments should be Dated: October 2, 1995. of the burden estimates and ways to received on or before December 4, 1995, V. Carol Barr, minimize the burden including the use to be assured of consideration. Leader, Printing and Records Services Group. of automated collection techniques or ADDRESSES: Direct all written comments [FR Doc. 95–25476 Filed 10–13–95; 8:45 am] the use of other forms of information to U.S. Customs Service, Printing and BILLING CODE 4820±02±M Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53673
DEPARTMENT OF VETERANS review various options for restructuring Committee. Appointments will be for AFFAIRS (VA) research programs presently existing the duration of the Committee unless within the VA and will provide the otherwise directed by the Secretary of VA Research Realignment Advisory Under Secretary for Health a report with Veterans Affairs. The Committee will be Committee, Notice of Establishment recommendations for restructuring these terminated by the end of fiscal year programs. 1996. As required by Section 9(a)(2) of the The Committee membership will be Federal Advisory Committee Act, U.S.C. selected on the basis of professional The Designated Federal Official for (App. 1) 9(c), the VA hereby gives notice expertise in the various components of the Committee is Timothy Gerrity, of the establishment of the Research research and research administration. Ph.D., Deputy Director for Medical Realignment Advisory Committee. VA Committee members will also represent Research Service, (phone number: 202– has determined that this action is in the various constituencies served by VA 565–4004). public interest. research including Veteran Service Dated: October 11, 1995. The objectives of the Committee are to Organizations and university-based By Direction of the Secretary. advise the Under Secretary for Health academic communities. Some members about a possible realignment in present will be selected from within VA to Heyward Bannister, research programs to ensure that VA assure current policies and procedures Committee Management Officer. research meets present and future are incorporated in the context of new [FR Doc. 95–25614 Filed 10–13–95; 8:45 am] healthcare needs. The Committee will recommendations developed by the BILLING CODE 8320±01±M 53674
Sunshine Act Meetings Federal Register Vol. 60, No. 199
Monday, October 16, 1995
This section of the FEDERAL REGISTER PLACE: Conference Room on the Ninth AGENDA: Approval of minutes of meeting contains notices of meetings published under Floor of the EEOC Office Building, 1801 held on September 27, 1995. the ``Government in the Sunshine Act'' (Pub. ‘‘L’’ Street, N.W., Washington, D.C. New Business L. 94-409) 5 U.S.C. 552b(e)(3). 20507. A—Budget and Financing STATUS: Part of the Meeting will be open ASSASSINATION RECORDS REVIEW BOARD to the public and part of the Meeting A1. Fiscal Year 1995 Tax-Equivalent Payments. DATE: October 23–24, 1995. will be closed. PLACE: Open Meeting, 600 E Street, NW, MATTERS TO BE CONSIDERED: C—Energy Room 205, Washington, DC. Open Session C1. Delegation of authority to the Vice STATUS: President, Fuel Supply and Engineering, to Open and Closed. 1. Announcement of Notation Votes, and MATTERS TO BE CONSIDERED: enter into a 5-year rail contract with CSX 2. Panel Presentation by Invited Experts on Transportation, Inc., for rail services to Bull Employment Discrimination Issues Affecting October 23, 10:00 a.m.: Open Meeting Run Fossil Plant. African Americans. 1. Review and Accept Minutes of E—Real Property September 21 Open Meeting. Closed Session 2. Update by a representative of the E1. Abandonment of a portion of the Litigation Authorization: General Guntersville Dam-Cullman Transmission National Archives and Records Counsel Recommendations Administration (NARA) on the President Line easement affecting approximately 0.08 John F. Kennedy Assassination Records Note: Any matter not discussed or acre in Cullman County, Alabama (Tract No. Collection at NARA. concluded may be carried over to a later GDC–148). 3. Staff Briefings. meeting. (In addition to publishing notices F—Unclassified 4. Other Business. on EEOC Commission meetings in the Federal Register, the Commission also F1. Filing of condemnation cases. October 23, 11:00 a.m.: Closed Meeting provides a recorded announcement a full F2. Supplement to personal services 1. Review and Accept Minutes of Closed week in advance on future Commission Contract No. TV–76847T with Manpower Meetings. sessions.) Please telephone (202) 663–7100 Temporary Services. 2. Review of Assassination Records. (voice) and (202) 663–4074 (TTD) at any time 3. Other Business. for information on these meetings. Information Items October 24, 9:00 a.m.: Continuation of 1. Sale of permanent easement affecting CONTACT PERSON FOR MORE INFORMATION: 0.25 acre and public auction sale of 0.56 acre Closed Meeting Frances M. Hart, Executive Officer on of Sequoyah Park land located on Fort 1. Review of Assassination Records. (202) 663–4070. Loudoun Lake in Knox County, Tennessee CONTACT PERSON FOR MORE INFORMATION: This notice issued October 12, 1995. (Tract Nos. XFL–124E and –125). Thomas Samoluk, Associate Director for Frances M. Hart, 2. Supplement to Contract No. 92NLA– Communications, 600 E Street, NW, Executive Officer, Executive Secretariat. 86916B with Bechtel Corporation for the labor and services for modification work at Second Floor, Washington, DC 20530. [FR Doc. 95–25756 Filed 10–12–95; 4:00 pm] the Sequoyah Nuclear Plant. Telephone: (202) 724–0088; Fax: (202) BILLING CODE 6750±06±M 724–0457. FOR MORE INFORMATION: Please call TVA T. Jeremy Gunn, Public Relations at (615) 632–6000, TENNESSEE VALLEY AUTHORITY (MEETING General Counsel. Knoxville, Tennessee. Information is NO. 1480) [FR Doc. 95–25689 Filed 10–12–95; 3:38 pm] also available at TVA’s Washington BILLING CODE 6118±01±M TIME AND DATE: 10 a.m. (EDT), October Office (202) 898–2999. 18, 1995. Dated: October 11, 1995. EQUAL EMPLOYMENT OPPORTUNITY PLACE: TVA West Tower Auditorium, Edward S. Christenbury, COMMISSION 400 West Summit Hill Drive, Knoxville, General Counsel and Secretary. Tennessee. DATE AND TIME: October 26, 1995 at 2:00 [FR Doc. 95–25646 Filed 10–12–95; 9:20 am] p.m. (Eastern Time). STATUS: Open. BILLING CODE 8120±08±M federal register October 16,1995 Monday Smuggling byOrganizedCrime Emergency ResultingFromAlien September 28,1995ÐImmigration Presidental DeterminationNo.95±49of The President Part II 53675
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Federal Register Presidential Documents Vol. 60, No. 199
Monday, October 16, 1995
Title 3— Presidential Determination No. 95–49 of September 28, 1995
The President Immigration Emergency Resulting From Alien Smuggling by Organized Crime
Memorandum for the Attorney General
Recognizing that the smuggling of illegal aliens by international organized crime syndicates creates extraordinary concerns for United States law enforce- ment and immigration authorities, the Congress in 1994 appropriated $6,000,000 to the Immigration Emergency Fund to cover costs associated with repatriation of smuggled aliens. As determined by the Congress, the repatriation of foreign nationals inter- cepted en route to the United States is an activity that is appropriate for reimbursement from the Immigration Emergency Fund. Accordingly, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 404(b)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101 note), I hereby: Determine that an immigration emergency has been in existence and contin- ues to exist with respect to the smuggling into the United States of illegal aliens by international organized crime syndicates; and Direct that up to $6,000,000 appropriated by the Congress to the Immigra- tion Emergency Fund be used to cover costs associated with repatriation of foreign nationals intercepted en route to the United States when it appears that such persons are being smuggled by international organized crime syn- dicates and to reimburse the State Department and international organizations for past and future costs incurred in association with this purpose. You are authorized and directed to inform the appropriate committees of the Congress of this determination and the obligation of funds under this authority and to publish it in the Federal Register. œ–
THE WHITE HOUSE, Washington, September 28, 1995. [FR Doc. 95–25759 Filed 10–12–95; 4:23 pm] Billing code 4410–01–M federal register October 16,1995 Monday Proposed Rule Objects AffectingNavigableAirspace; 14 CFRPart77 Federal AviationAdministration Transportation Department of Part III 53679 53680 Federal Register / Vol. 60, No. 199 / Monday October 16, 1995 / Proposed Rules
DEPARTMENT OF TRANSPORTATION Comments delivered must be marked identify the notice number of this Docket No. 26305 and Notice No. 90– SNPRM. Federal Aviation Administration 19A. The official docket may be Persons interested in being placed on examined in the Rules docket weekdays, a mailing list for future NPRM’s should 14 CFR Part 77 except Federal holidays, between 8:30 request from the above office a copy of [Docket No. 26305; Notice No. 90±19A] a.m. and 5:00 p.m. Advisory Circular (AC) No. 11–2A, ‘‘Notice of Proposed Rulemaking RIN 2120±AA09 FOR FURTHER INFORMATION CONTACT: Distribution System,’’ which describes Janet Apple, Air Traffic Rules and the application procedure. Objects Affecting Navigable Airspace Procedures Branch, Airspace-Rules and Aeronautical Information Division, Background AGENCY: Federal Aviation Federal Aviation Administration, 800 Administration (FAA), DOT. The authority and requirements of Independence Avenue, SW., FAR part 77 are derived, in part, from ACTION: Supplemental notice of Washington, DC 20591; telephone (202) 49 U.S.C. 44718. Section 44718 pertains proposed rulemaking (SNPRM). 267–8783. to notice of construction or alteration of SUMMARY: This supplemental notice SUPPLEMENTARY INFORMATION: any structure that may affect the use of proposes to amend the application of navigable airspace. Comments Invited the Federal Aviation Regulations (FAR) Section 44718 was amended by Public Law 100–223 (The Airport and Airway part 77 obstruction standards as Interested persons are invited to proposed in a previous Notice of Safety and Capacity Expansion Act of participate in the proposed rulemaking 1987). Public Law 100–223 provided Proposed Rulemaking (NPRM). NPRM by submitting such written data, views, 90–18, published August 3, 1990 for, in part, the consideration of or arguments as they may desire. electromagnetic interference (EMI) (subsequently corrected to Notice No. Comments that provide the factual basis 90–19), stated, in part, that FAA effects on air navigation facilities and supporting the views and suggestions equipment or navigable airspace, and obstruction standards will be applied presented are particularly helpful in with reference to an existing airport the consideration of the cumulative developing reasoned regulatory impact resulting from proposed facility or use as well as a planned decisions on the proposals. Comments facility or use, if a proposal for such a construction or alteration. Public Law relating to the overall regulatory, 100–223 emphasized the need to facility or use is on file with the FAA aeronautical, environmental, energy- or with the appropriate military service preserve navigable airspace and airport related, federalism, or economic aspects traffic capacity at public use airports. In on the date the Notice of proposed of the proposals contained in this response to Public Law 100–223, the Construction or Alteration is filed. The SNPRM are also invited. Comments FAA published a notice of proposed NPRM also stated, in part, that FAA should identify the regulatory docket rulemaking (NPRM) in the Federal obstruction standards apply to the effect number and notice number and be Register on August 3, 1990, Notice No. of proposed construction or alteration submitted in triplicate to the address 90–18, 55 FR 31722; corrected 55 FR upon an airport if, at the time of filing listed above. All comments received on 32999, August 13, 1990; 55FR 35152, of the notice of construction or or before the specified closing date for August 28, 1990; and 55 FR 37287, alteration, that airport is a planned or comments will be considered by the September 10, 1990. The proposals proposed airport under construction administrator before taking action on contained in Notice No. 90–18, that is the subject of a notice or proposal the proposed amendments. The corrected to an hereafter referred to as on file with the FAA. During the fact proposals contained in this SNPRM may 90–19, were based primarily on the finding phase of an aeronautical study be changed in light of comments amendments to section 44718 and of a construction or alteration proposal, received. All comments received will be recommended changes to part 77 the FAA may solicit comments from all available for examination by interested developed by a joint government and interested persons. Based on a U.S. persons in the Rule Docket both before industry task group. Court of Appeals decision (Greater and after the closing date for comments. The FAA received over 60 comments Orlando Aviation Authority v. F.A.A., A report summarizing each substantive on the proposals presented in Notice 939 F.2d 954 (11th Cir. 1991), public contact with FAA personnel No. 90–19. This SNPRM does not hereinafter ‘‘GOAA’’), the FAA is concerned with this rulemaking will be reopen the proposals contained in proposing to amend the application of filed in the docket. Commenter wishing Notice No. 90–19 or request further its obstruction standards to include the FAA to acknowledge receipt of their comments on those proposals. The consideration of proposals that are comments submitted in response to this comments to Notice No. 90–19 will not received before the end of the public SNPRM must include a pre-addressed, be discussed in this SNPRM but will, comment period of the aeronautical stamped postcard on which the along with comments to this SNPRM, be study. following statement is made: considered in any subsequent final DATES: Comments must be received on ‘‘Comments to Docket No. 26305.’’ The rulemaking action regarding part 77. or before November 30, 1995. postcard will be date stamped and Currently, part 77 requires sponsors to ADDRESSES: Comments on this proposal mailed to the commenter. submit notice to the FAA at least 30 may be mailed in triplicate to: Federal Availability of NPRM’s days before any proposed construction Aviation Administration, Office of the or alteration that exceeds certain notice Chief Counsel, Attention: Rules Docket Any person may obtain a copy of this criteria. The FAA studies the (AGC–200), Docket No. 26305, Notice SNPRM by submitting a request to the construction or alteration proposal to No. 90–19A, 800 Independence Avenue, Federal Aviation Administration, Office determine its aeronautical effect on the SW., Washington, DC 20591; or of Public Affairs, Attention: Public safe and efficient use of navigable delivered in triplicate to: Federal Inquiry Center, APA–230, 800 airspace. The study includes the Aviation Administration, Rules Docket, Independence avenue, SW., consideration of the proposal’s Room 915–G, 800 Independence Washington, DC 20591, or by calling aeronautical effect on any existing or Avenue, SW., Washington, DC. (202) 267–3485. Communications must planned public-use or military airports, Federal Register / Vol. 60, No. 199 / Monday October 16, 1995 / Proposed Rules 53681 air navigation facilities, procedures, or approved by the Office of Management FAA, pursuant to notice criteria under other proposals ‘‘on file with the FAA.’’ and Budget (OMB) under the provisions this part, would not be affected by this A proposal submitted to the FAA for of the Paperwork Reduction Act of 1980 proposed rule. consideration is referred to as a plan or (Pub. L. 96–511) and have been assigned In the Regulatory Evaluation notice ‘‘on file with the FAA,’’ or ‘‘on OMB Control Number 2120–0001. The Summary contained in the preamble of file with an appropriate military FAA has determined that the proposals Notice No. 90–19, and the Draft service’’ if the plan or notice relates to contained in this notice, if adopted, Regulatory Evaluation, Initial a military airport. would not significantly affect the Regulatory Flexibility Analysis, and The United States Court of Appeals information collection reporting Trade Impact Assessment (a copy of for the Eleventh Circuit issued a requirements of part 77. which is available for review under decision that affects the longstanding Docket No. 26305), the FAA determined FAA policy and practice concerning the Regulatory Evaluation Summary that the costs associated with the consideration given to plans on file with Executive Order 12866 established the requirements of part 77 are comprised the FAA, or on file with an appropriate requirement that, within the extent of: (1) the cost to proponents associated military service. Currently, FAA permitted by law, a Federal regulatory with submitting notice to the FAA on obstruction standards are applied with action may be undertaken only if the Form 7460–1, Notice of Proposed reference to an existing airport facility potential benefits to society for the Construction or Alteration; and (2) FAA or use as well as a planned facility or regulation outweigh the potential costs administrative costs associated with use, if a proposal for such a facility or to society. In response to this evaluating notices of proposed use is on file with the FAA or with the requirement, and in accordance with construction and alteration. appropriate military service on the date Department of Transportation policies This proposed rule would not impose the Notice of Proposed Construction or and procedures, the FAA has estimated additional costs on proponents for Alternation is filed. During the fact the anticipated benefits and costs of this submitting notice on Form 7460–1 finding phase of an aeronautical study, rulemaking action. The results are because part 77 notice criteria would be the FAA may solicit comments from all summarized in this section. For more unaffected by this proposed rule. In interested persons. Based upon the detailed economic information, see the addition, the available staff resources GOAA decision, the FAA is proposing full regulatory evaluation contained in appear to be sufficient to handle any to amend the application of its the docket. increase in the scope and complexity of obstruction standards to include This evaluation examines the costs some studies. The potential increase in consideration of any proposal received and benefits of a Supplemental Notice workload would be regarded as routine. before the end of the public comment of Proposed Rulemaking (SNPRM) to Therefore, the FAA has determined that period of the aeronautical study for the amend FAR part 77—Objects Affecting the costs that can be directly attributed construction or alternation. Navigable Airspace. Part 77 of the FAR, to this proposed rule would be Additionally, this SNPRM addresses adopted on December 12, 1962, negligible. those concerns expressed by Guy establishes standards for determining The primary benefit which results Gannett Publishing Co.’s Petition for obstructions in navigable airspace; sets from this proposed rule would be the Rulemaking to Docket No. 26305, Notice forth the requirements for notice to the consideration given to other proposals No. 90–18, based on GOAA. Administrator of certain proposed received during the comment period of construction or alteration; and provides The Proposal an aeronautical study of proposed for aeronautical studies of obstructions construction or alteration. This should The FAA proposes to amend certain to air navigation to determine their enhance the safe and efficient sections of part 77, as proposed in effect on the safe and efficient use of utilization of the navigable airspace. Notice No. 90–19, by considering the airspace. Although the FAA is unable to effect that proposals received before the This proposed rule would amend the quantify the benefits and costs of this end of the public comment period of an application of part 77 obstruction proposal, the potential benefits to aeronautical study for a construction or standards to include consideration of society are expected to outweigh the alteration proposal would have on the any proposal that is received before the costs. subject proposed. The FAA is also end of the public comment period for an proposing to amend the proposed FAR aeronautical study of a proposed International Trade Impact Statement section 77.2, section 77.15 paragraphs construction or alteration. Presently, This proposal would not impose a (a)(5)(ii) and (a)(6)(ii), section 77.23 part 77 obstruction standards apply to competitive disadvantage to either U.S. paragraphs (a) and (c)(2), section 77.35 existing or planned public-use or air carriers doing business abroad or paragraph (a)(2), and section 77.36 military airports, alterations of public- foreign air carriers doing business in the paragraph (b)(1), by deleting any use or military airports, aeronautical United States because it would have no references regarding ‘‘notices or facilities, procedures, and other impact on either U.S. or foreign air proposals on file with the FAA’’ (or proposals on file with the FAA (or with carriers. This proposal would have no appropriate military service). These the appropriate military service if the effect on the sale of foreign aviation proposed changes are in response to proposal relates to a military airport) on products or services in the United GOAA, where the U.S. Court of Appeals or before the date the FAA receives States, nor would it affect the sale of for the Eleventh Circuit held that the notice of a construction or alteration United States aviation products or FAA must consider any proposal it proposal that is the subject of an services in foreign countries. receives before the end of the public aeronautical study. Therefore, the Federalism Implications comment period of an aeronautical proposed rule has the potential for study of a construction or alteration increasing the scope and complexity of The regulations proposed herein proposal. certain aeronautical studies conducted would not have substantial direct effects by the agency. However, the proposed on the states, on the relationship Paperwork Reduction Act rule would not result in any changes to between the National Government and Information collection requirements FAA notice criteria. Consequently, the the states, or on the distribution of for part 77 have previously been total number of notices received by the power and responsibilities among the 53682 Federal Register / Vol. 60, No. 199 / Monday October 16, 1995 / Proposed Rules various levels of government. Therefore, file’’ and adding a new definition in departure procedures, and approved off- in accordance with Executive Order alphabetical order to read as follows: airway routes. Objects that are identified 12612, it is determined that this as obstructions under the standards proposal would not have sufficient § 77.2 Definition of terms. described in this subpart are presumed federalism implications to warrant the * * * * * to be hazards to air navigation unless an preparation of a Federalism Assessment. Planned or proposed aiport means an aeronautical study, made in accordance airport that is the subject of any of the with Subpart D of this part, determines International Civil Aviation following documents received by the otherwise. Once an aeronautical study Organization and Joint Aviation FAA— has been initiated, the standards listed Regulations (1) Airport proposals submitted in appendix A of this part, in addition In keeping with the U.S. obligations pursuant to the provisions of part 157 of to those listed in this subpart, shall be under the Convention on International this chapter; used to determine if the object being Civil Aviation, it is FAA policy to (2) Airport Improvement Program studied would constitute a hazard to air comply with ICAO Standards and requests for aid; navigation. The standards in this Practices (SARP) to the maximum extent (3) Notices of existing airports where subpart apply to existing and proposed practicable. For this notice, the FAA has prior notice of the airport construction manmade objects as well as to objects of determined that this proposal, if or alteration was not provided as natural growth and terrain. These adopted, would not present any required by part 157 of this chapter; standards will be applied with reference differences. (4) Airport layout plans, including to an existing airport facility or use, and consideration of the effect of structures Conclusion proposals received by the FAA, or the which may restrict control tower line-of- appropriate military service, before the For the reasons discussed above, the sight capability and effects upon end of the public comment period of an FAA has determined that this proposed electronic and visual aids to air aeronautical study of a construction or regulation is not a ‘‘significant navigation; alteration proposal. regulatory action’’ under Executive (5) Military proposals for military * * * * * Order 12866 and is not considered airports used only by the armed forces; (c) The standards in this subpart ‘‘significant’’ under DOT Regulatory (6) Military proposals on joint-use apply to the effect of a construction or Policies and Procedures (44 FR 11034; (civil-military) airports; alteration proposal upon an airport February 26, 1979). In addition, the (7) Proposed designation of precision (including heliports, vertiports, and FAA certifies that this proposal, if instrument landing runways; and seaplane bases) if, before the end of the adopted, will not have a significant (8) Completed airports site selection public comment period of an economic impact, positive or negative, feasibility studies and aeronautical study of that proposed on a substantial number of small entities recommendations. construction or alteration, that airport under the criteria of the Regulatory * * * * * is: Flexibility Act. An initial regulatory 3. Proposed § 77.15 is amended by evaluation of the proposal, including a revising paragraphs (a)(5)(ii) * * * * * Regulatory Flexibility Determination, introductory text and (a)(6)(ii) to read as (2) A planned or proposed airport or has been placed in the docket. A copy follows: an airport under construction, of which may be obtained from the individual the FAA has received actual notice, and § 77.15 Construction or alteration with the exception of military airports, listed under FOR FURTHER INFORMATION requiring notice. CONTACT. where there is a clear indication the * * * * * airport will be available for public use; List of Subjects in 14 CFR Part 77 (a) * * * or Administrative practice and (5) * * * * * * * * procedure, Airports, Airspace, Aviation (ii) An airport under construction, 5. Proposed § 77.35 is amended by safety, Federal Aviation Administration, and— revising paragraph (a)(2) to read as Navigation (air), Reporting and * * * * * follows: recordkeeping requirements. (6) * * * (ii) When available information § 77.35 Evaluating aeronautical effect. The Proposed Amendment indicates the construction or alteration (a) * * * Accordingly, pursuant to the might exceed a standard of subpart C of (2) In reference to the airport capacity authority delegated to me, the FAA this part for an airport available for of existing public-use airports and proposes to amend part 77 of the public use; or public-use airport development plans Federal Aviation Regulations (14 CFR * * * * * received before the end of the public part 77) as proposed to be revised in the 4. Proposed § 77.23 is amended by comment period of an aeronautical Federal Register of August 3, 1990 (55 revising paragraph (a), the introductory study of a construction or alteration FR 31722) as follows: text of paragraph (c), and paragraph proposal; (c)(2) to read as follows: * * * * * PART 77ÐOBJECTS AFFECTING 6. Proposed § 77.36 is amended by NAVIGABLE AIRSPACE § 77.23 Scope. revising paragraph (b)(1) to read as (a) This subpart establishes standards 1. The authority citation for part 77 is follows: for determining obstructions to air revised to read as follows: navigation relative to the safe and § 77.36 Determinations. Authority: 49 U.S.C. 106(g), 40103, 40113, efficient utilization of navigable * * * * * 40114, 44502, 44701, 44718, 46101, 46102, airspace by aircraft along with the (b) * * * 46104. operation of planned or existing air (1) Identify the effects of the proposed 2. Proposed § 77.2 is amended by navigation facilities to include air structure on VFR/IFR aeronautical removing the definition of ‘‘Planned or navigation aids, airports, Federal departure/arrival operations, proposed airport for which notice is on Airways, instrument approach or procedures, minimum flight altitudes, Federal Register / Vol. 60, No. 199 / Monday October 16, 1995 / Proposed Rules 53683 and existing or proposed public-use airports, of which the FAA has received actual notice of, before the end of the public comment period on an aeronautical study of that proposed construction or alteration, and the extent of the physical and/or EMI effect on the operation of existing or proposed air navigation facilities or communication aids, including an explanation of whether the effect is substantial. The cumulative adverse effects that would result from the proposed construction or alteration will be considered in determining whether a substantial adverse effect is created. A finding of substantial adverse effect will result in the issuance of a determination of hazard to air navigation; * * * * * Issued in Washington, D.C. on October 6, 1995. Harold W. Becker, Acting Program Director, Air Traffic Rules and Procedures. [FR Doc. 95–25404 Filed 10–13–95; 8:45 am] BILLING CODE 4910±13±M federal register October 16,1995 Monday Funding Availability;Notice Ounce ofPreventionGrantProgram; Community PlanningandDevelopment Office oftheAssistantSecretaryfor Development Housing andUrban Department of Council Ounce ofPrevention Part IV 53685 53686 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices
OUNCE OF PREVENTION COUNCIL Application Due Date: The deadline Many communities across the country date for submission of an application to have undertaken significant planning DEPARTMENT OF HOUSING AND HUD for funding under the Ounce of efforts relating to community URBAN DEVELOPMENT Prevention Grant Program is on or improvement, public safety, youth before 5:00 p.m., eastern standard time, development and delinquency Office of the Assistant Secretary for December 15, 1995 at the HUD prevention. In particular, the Omnibus Community Planning and Headquarters office set forth below. Budget Reconciliation Act of 1993 Development (Pub.L. 103–66) created the APPLICATION SUBMISSION: Application Empowerment Zones and Enterprise [Docket No. FR±3959±N±01] kits may be obtained by calling the Office of Economic Development, Communities Program to promote cooperative, public-private efforts to Ounce of Prevention Grant Program; Department of Housing and Urban restore economic opportunity to Development, at (202) 708–6355. (This Notice of Funding Availability distressed neighborhoods. The 105 EZ/ is not a toll free number.) An original EC communities have already AGENCIES: The Ounce of Prevention and two copies of the completed undertaken an intensive planning effort Council and the Office of the Assistant application for grant funds must be which brought together all the segments Secretary for Community Planning and submitted. Applications must be of the local community to determine the Development, HUD. received by the deadline set forth above needs of the local community and ACTION: Notice of Funding Availability. at the following address: Processing and develop a comprehensive plan to meet Control Unit, Office of Community SUMMARY: This Notice of Funding those needs. Each plan has a public Planning and Development, Department safety component; many include a focus Availability (NOFA) announces the of Housing and Urban Development, availability of up to $1.2 million of FY on youth crime and violence 451 Seventh St., SW, Room 7255, prevention. 1995 funds for grant assistance under Washington, DC 20410. Applications the Ounce of Prevention Council’s (the This program is intended to build on sent by facsimile (FAX) will not be the public safety and youth Council) Ounce of Prevention Grant accepted. Program. These funds will be awarded development efforts already underway competitively, through a selection FOR FURTHER INFORMATION CONTACT: All in EZ/EC communities and link them process conducted by HUD, after questions should be directed to the with similar prevention efforts in consultation with the Council, for Office of Economic Development, surrounding neighborhoods. Grants will projects that are targeted to Federally- Department of Housing and Urban be awarded to support cooperative designated urban and rural Development, Room 7136, 451 Seventh efforts aimed at coordinating and, where Empowerment Zone and Enterprise St. SW, Washington, DC 20410. possible, integrating multiple Community areas (EZ/EC). The grants Telephone: (202) 708–6355; TDD: 1– prevention programs, initiatives and will be awarded for projects that 800–877–8339. (These are not toll-free service delivery mechanisms and the support local community-based efforts numbers.) organizations that direct them. This grant initiative is designed to to improve the coordination and, to the SUPPLEMENTARY INFORMATION: extent possible, integration of youth demonstrate that local youth crime and crime and violence prevention programs Information Collection Requirements violence prevention efforts must include not only comprehensive community and initiatives in these areas. Grants The information collection planning, but also improved linkages may not be used to fund new programs requirements contained in this notice among multiple prevention programs or services or to duplicate existing are being submitted to the Office of and initiatives, and must integrate collaborative efforts; rather, these funds Management and Budget for review services and their delivery, where are to be used for projects that build under the provisions of the Paperwork possible. upon, and add to, current efforts to Reduction Act of 1980 (44 U.S.C. 3501– coordinate and integrate youth crime 3520). No person may be subjected to a A. Authority and violence prevention programs and penalty for failure to comply with these The Ounce of Prevention Grant services. information collection requirements Program is authorized under Sections DATES: In accordance with section 470 until they have been approved and 30101 and 30102 of the Violent Crime of the Housing and Urban-Rural assigned an OMB control number. The Control and Law Enforcement Act of Recovery Act of 1983 (Pub.L. 98–181), OMB control number, when assigned, 1994 (42 U.S.C. 13741) (the Act). commencement of this demonstration will be announced in the Federal Pursuant to Section 30101(a)(3) of this program will await the conclusion of a Register. Act, the Council has delegated to HUD 60-day period during which full Part I. Purpose and Substantive the authority to carry out this program consideration will be given to all public Description in consultation with the Council. comments received during the 30-day public comment period. After the close The Federal government currently B. Funding Availability of the 30-day public comment period, supports a wide range of programs Under this program, HUD, after another Notice may be published setting aimed at reducing youth crime and consultation with the Council, will forth revised requirements and violence and promoting positive youth award up to $1.2 million. Up to one- procedures, if public comments development by addressing specific third of the funds will be awarded to received indicate that such changes are social problems; i.e., drug abuse, gang rural EZ/EC designees and at least two- necessary. Comments received after the activity, family violence, dropouts and thirds to urban EZ/EC designees. close of the 30-day public comment teenage pregnancy. However, there is a Applicants may request no more than period, but before the end of an growing recognition at both the Federal $150,000. HUD reserves the right to additional 30 days, will be considered and local levels that communities must fund less than the full amount requested for future program NOFAs. coordinate these independent programs in any application. Comment Due Date: November 15, to make a substantive positive impact As mandated by statute, grant 1995. on the lives of youth. recipients must provide 25 percent of Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53687 the total project cost, either in cash or neighborhood-based entities, local Funds may not be used for the in-kind, fairly valued, as a non-Federal agencies, and outside organizations. delivery of new or existing programs match. and services. Rather, these grants are C. Eligible Applicants HUD, after consultation with the designed to provide additional support Council, reserves the right to waive any Applicants must be cities, counties, or for the coordination and integration, part of the 25 percent matching other municipalities, Indian tribal where possible, of programs, initiatives requirement if it is satisfactorily governments, school boards, colleges and service delivery. determined that an applicant is unable and universities, private not-for-profit E. Grant Period financially to meet the requirement. organizations, or consortia consisting of Matching requirement waivers will be these entities. EZ/EC governing Any grants awarded must be made only upon written request and structures may apply if they meet this expended for their appropriate activities under extreme circumstances. If definition. within 18 months of the date of award. applying for the waiver the applicant Applicants that are not an EZ/EC governing structure must obtain and Part III. Criteria for Review and must submit three years of financial Evaluation of the Grant Application statements, when available, with a submit a letter of endorsement from the narrative documenting the inability to local EZ/EC governing structure Grantees will be selected based on the meet the matching requirement. demonstrating its approval of, and qualifications, experience, or potential Funds made available under this willingness to collaborate in, the capabilities of the applicant and NOFA shall not be used to supplant proposed project. In some cases, for participating parties and the extent to other funds (state, local, Federal or any example, where a governing structure is which the proposed project would other funds) that will or have been yet to be established, HUD, after fulfill the purposes of this program. The committed for the same purpose. consultation with the Council, may criteria set forth below in paragraphs A waive this requirement. Applicants and B will have equal weight for C. Definitions requesting this waiver must submit a reviewing and evaluating grant Empowerment Zone/Enterprise brief statement describing their inability applications. Community (EZ/EC) means an urban or to comply with this requirement. In cases of equally weighted rural area so designated by the Secretary Due to the purpose of this program, applications, priority will be given to of HUD or the Secretary of Agriculture which is to strengthen cooperation and applications from coalitions consisting pursuant to sections 1391–1393 of the collaboration among community-based of a broad spectrum of community- Omnibus Budget Reconciliation Act of youth development, youth crime and based and social service organizations 1993 (Pub.L. 103–66). For purposes of violence prevention programs and that have a coordinated team approach this NOFA, this term shall include organizations, applicants are strongly to reducing gang membership and the Supplemental Empowerment Zones and encouraged to work with other potential effects of substance abuse, and Enhanced Enterprise Communities, as applicants in their area to develop a providing alternatives to at-risk youth. single application. In the event that defined below. A. Capability Supplemental Empowerment Zone/ more than one application is received Applications must include: (1) The Enhanced Enterprise Community (SEZ/ from an EZ/EC area, priority will be applicant’s experience, planning and EEC) means an urban area which was given to the applicant that demonstrates management capabilities and the designated by the Secretary of HUD as greater compliance with the objectives proposed manager/coordinator’s either a Supplemental Empowerment of the program. No more than one grant qualifications to lead the proposed Zone (SEZ) or an Enhanced Enterprise will be awarded in any EZ/EC area. project; (2) a description of the Community (EEC) and announced as D. Eligible Activities applicant’s current efforts that such in the Notice of Designation Applicants can propose any demonstrate the ability to collaborate printed in the Federal Register on combination of activities that lead to the with other organizations addressing February 23, 1995 (60 FR 10018). improved coordination and integration public safety, youth development and Part II. Overview of Ounce of of youth development and youth crime youth crime and violence prevention, Prevention Grants and violence prevention programs, such as youth-serving organizations, initiatives and service delivery in the schools, health and social service A. Maximum Awards target area. Such activities may include providers, employers, law enforcement Under the competition established by the hiring of staff, increasing linkages, professionals, local government, and this NOFA, the maximum award for an assessing prevention needs and residents of target areas, including Ounce of Prevention Grant is $150,000. developing a collaborative prevention young people; and (3) a description of action plan that responds to the needs B. Locational Considerations matching funds with documentation, of the target area. including letters of commitment. Applications shall be geographically- The Council and HUD anticipate that based in particular neighborhoods or funds will be used to coordinate and B. Objectives sections of municipalities or particular integrate, where possible, programs Applications must also include: (1) A segments of rural areas. such as: summer and after-school concise project summary including the A Federally-designated EZ/EC, or a education and recreational activities; specific neighborhoods or sections of portion of it, must be the primary focus mentoring, tutoring, and other programs municipalities or rural areas that will be of the proposed project, and its children involving participation of adult role targeted and a description of the need and youth the prime beneficiaries of the models; programs assisting and for the project; (2) a description of how proposed collaborative efforts; however, promoting employability and job this project will complement and build the target area may be enlarged beyond placement; and prevention and upon the relevant goals (benchmarks) in the EZ/EC area to respond to physical treatment programs to reduce substance the EZ/EC plan and other existing plans (e.g., highways) or governmental (e.g., abuse, child abuse and adolescent or coordinating efforts in the target area school districts) boundaries and to pregnancy, including outreach to at-risk that deal with youth development, permit cooperation among families. public safety and youth crime and 53688 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices violence prevention; (3) a description of Technical Deficiencies Prohibition Against Lobbying Activities the specific approaches to be used To the extent permitted by law, HUD The use of funds awarded under this (including ways to reach out to other may advise applicants of technical NOFA is subject to the disclosure neighborhood-based programs and deficiencies in the applications and requirements and prohibitions of initiatives, especially Federally-funded permit them to be corrected. Due to the section 319 of the Department of Interior efforts such as PACT, Weed and Seed, requirements of the HUD Reform Act, and Related Agencies Appropriation Act Safe Futures, CSAP Partnerships, and HUD staff is limited in the assistance it for Fiscal Year 1990 (31 U.S.C. 1351) Youth Gang Prevention Consortia); the is permitted to provide regarding and the implementing regulations at 24 outcomes expected; and the process for applications for grants. The assistance CFR part 87. These authorities prohibit determining how well the outcomes are and advice that can be provided recipients of Federal contracts, grants, being achieved; and (4) a description of includes such activities as explaining or loans from using appropriated funds the EZ/EC and other resources (public and responding to questions about for lobbying the Executive or Legislative and private) that are currently dedicated program regulation, identification of Branches of the Federal Government in to coordination and plan those parts of an application that need connection with a specific contract, implementation and any other substantive improvement, the dates by grant, or loan. The prohibition also resources, in addition to the matching which decisions will be made and covers the awarding of contracts, grants, funds described under paragraph A, that procedures that are required to be cooperative agreements, or loans unless will be used to support this project. performed to process an application. the recipient has made an acceptable Part IV. Other Submission This term, however, does not include certification regarding lobbying. Under Requirements advising the applicant how to make 24 CFR part 87, applicants, recipients, those improvements. and subrecipients of assistance In addition to the information In addition, any information exceeding $100,000 must certify that no requested in Part III of this notice, the published in the Federal Register and in Federal funds have been or will be spent applicant shall submit the following: this NOFA, and any information that on lobbying activities in connection a. SF 424, Application for Federal has been made public through a means with the assistance. Assistance. other than the Federal Register or Prohibition Against Lobbying of HUD b. The certification regarding lobbying NOFA, may be discussed. Personnel required under 24 CFR part 87 Other Matters (Appendix A). Section 13 of the Department of Environmental Impact Housing and Urban Development Act c. Certification of a Drug-Free (42 U.S.C. 3537b) contains two Workplace, in accordance with the It is HUD’s determination that an provisions dealing with efforts to Drug-Free Workplace Act of 1988, and environmental finding of no significant influence HUD’s decisions with respect HUD’s regulations at 24 CFR part 24, impact is not required under this NOFA. to financial assistance. The first imposes subpart F. HUD environmental regulations (24 CFR disclosure requirements on those who d. A copy of the organization’s IRS 50.19) state certain activities assisted are typically involved in these efforts— ruling providing tax-exempt status under HUD programs, such as the those who pay others to influence the under section 501(c) of the IRS Code of eligible activities in this NOFA, would award of assistance or the taking of a 1986, as amended, if applicable. not alter any conditions requiring management action by the Department e. Line-item budget reflecting the use environmental review or compliance and those who are paid to provide the of funds for the activities to be with other Federal laws and authorities influence. The second restricts the enhanced or coordinated; cited in Section 50.4. payment of fees to those who are paid f. Copy of an endorsement from the Executive Order 12612, Federalism to influence the award of HUD EZ/EC governing board, if a waiver has assistance, if the fees are tied to the not been requested. The General Counsel, as the number of housing units received or are Designated Official under section 6(a) of based on the amount of assistance g. Evidence of commitments for the Executive Order 12612, Federalism, has received, or if they are contingent upon sources of matching dollars, if determined that this NOFA will not the receipt of assistance. HUD’s applicable. have substantial, direct effects on States, regulation implementing section 13 is Applications of no more than 20 on their political subdivisions, or on codified at 24 CFR part 86. If readers are ′′ × ′′ pages should be submitted on 8.5 11 their relationship with the Federal involved in any efforts to influence the paper, with lines double-spaced and Governments, or on the distribution of Department in these ways, they are printed on only one side. All pages of power and responsibilities between urged to read the final rule, particularly the application shall be numbered them and other levels of governments. the examples contained in Appendix A sequentially. Executive Order 12606, the Family of the rule. Appendix A of this rule Reports contains examples of activities covered The General Counsel, as the by this rule. Each grantee will be required to Designated Official for Executive Order submit, in a form prescribed by HUD, 12606, The Family, has determined that Prohibition Against Advance Disclosure after consultation with the Council, the policies announced in the NOFA of Funding Decisions interim reports, and a final report would not have the potential for HUD’s regulations implementing within 90 days after the completion of significant impact on family formation, section 103 of the HUD Reform Act are the project. The final report shall maintenance and general well-being codified at 24 CFR part 4 and apply to describe the use of the grant funds and within the meaning of the Order. No the funding competition announced include a description and an analysis of significant change in existing HUD today. The requirements of part 4 the project, the approaches taken, the policies and programs will result from continue to apply until the outcomes expected, and the results and issuance of this NOFA, as those policies announcement of the selection of benefits achieved. and programs relate to family concerns. successful applicants. Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Notices 53689
HUD employees involved in the contains a number of provisions that are 552) and HUD’s implementing review of applications and in the designed to ensure greater regulations at 24 CFR part 15. In making of funding decisions are accountability and integrity in the addition, HUD will include the restrained by part 4 from providing provision of certain types of assistance recipients of assistance pursuant to this advance information to any person administered by HUD. On January 16, NOFA in its Federal Register notice of (other than an authorized employee of 1992 (57 FR 1942), following all recipients of HUD assistance HUD) concerning funding decisions, or publication of the March 14, 1991 final awarded on a competitive basis. (See 24 from otherwise giving any applicant an rule, HUD published additional CFR 12.14 (a) and 12.16 (b), and the unfair competitive advantage. Persons information that gave the public notice published in the Federal Register who apply for assistance in this (including applicants for, and recipients on January 16, 1992 (57 FR 1942) for competition should confine their of, HUD assistance) further information further information on these inquiries to the subject areas permitted on the implementation, public access, requirements. by 24 CFR part 4. and disclosure requirements of section (ii) Disclosures: HUD will make Any questions concerning the rule 102. The requirements of section 102 are available to the public for five years all should be directed to the Office of applicable to assistance awarded under applicant disclosure reports (HUD Form Ethics, Room 2158, Department of this NOFA. 2880) submitted in connection with this Housing and Urban Development, 451 (i) Documentation and Public Access NOFA. Update reports (also Form 2880) Seventh St. SW, Washington, DC Requirements: HUD will ensure will be made available along with the 20410–3000. Telephone: (202) 708–3815 documentation and other information applicant disclosure reports, but in no (voice/TTD). (This is not a toll-free regarding each application submitted case for a period of less than three years. number.) Forms necessary for pursuant to this NOFA are sufficient to Dated: October 11, 1995. compliance with the rule may be indicate the basis upon which Kumiki Gibson, obtained from the local HUD office. assistance was provided or denied. This Counsel to the Vice President. material, including any letters of Accountability in the Provision of HUD support, will be made available for Dated: October 11, 1995. Assistance: Documentation and Public public inspection for a five-year period Andrew M. Cuomo, Access Requirements beginning not less than 30 days after the Assistant Secretary for Community Planning HUD’s regulation implementing award of the assistance. Material will be and Development. section 102 of the HUD Reform Act is made available in accordance with the [FR Doc. 95–25590 Filed 10–13–95; 8:45 am] codified at 24 CFR part 12. Section 102 Freedom of Information Act (5 U.S.C. BILLING CODE 4210±29±P i
Reader Aids Federal Register Vol. 60, No. 199 Monday, October 16, 1995
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 12975...... 52063 Laws 3 CFR 12976...... 52829 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: Administrative Orders: For additional information 523±5227 6828...... 51877 Memorandums: 6829...... 51879 Presidential Documents September 29, 1995...... 52061 6830...... 52291 Executive orders and proclamations 523±5227 October 2, 1995...... 52821 6831...... 52827 October 3, 1995...... 52289 The United States Government Manual 523±5227 6832...... 53097 October 10, 1995...... 53251 6833...... 53099 Other Services Presidential Determinations: 6834...... 53101 Electronic and on-line services (voice) 523±4534 No. 95±45 of 6835...... 53103 September 29, Privacy Act Compilation 523±3187 6836...... 53105 TDD for the hearing impaired 523±5229 1995 ...... 52823 6837...... 53107 No. 95±46 of 6838...... 53247 September 29, ELECTRONIC BULLETIN BOARD 6839...... 53249 1995 ...... 53087 Executive Orders: Free Electronic Bulletin Board service for Public Law numbers, No. 95±47 of 4410 (Revoked in part September 29, Federal Register finding aids, and list of documents on public by PLO 7165)...... 52846 inspection. 202±275±0920 1995 ...... 53089 11145 (Continued by No. 95±48 of FAX-ON-DEMAND EO 12974)...... 51875 September 29, 11183 (Continued by 1995 ...... 53091 You may access our Fax-On-Demand service. You only need a fax EO 12974)...... 51875 machine and there is no charge for the service except for long No. 95±49 of 11287 (Continued by September 28, distance telephone charges the user may incur. The list of EO 12974)...... 51875 documents on public inspection and the daily Federal Register’s 1995 ...... 53677 11776 (Continued by No. 95±50 of table of contents are available using this service. The document EO 12974)...... 51875 September 30, numbers are 7050-Public Inspection list and 7051-Table of 12131 (Continued by 1995 ...... 53093 Contents list. The public inspection list will be updated EO 12974)...... 51875 immediately for documents filed on an emergency basis. 12196 (Continued by 5 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON EO 12974)...... 51875 315...... 53503 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 12216 (Continued by 532...... 51881 public inspection may be viewed and copied in our office located EO 12974)...... 51875 870...... 51881 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 12345 (Continued by 871...... 51881 telephone number is: 301±713±6905 EO 12974)...... 51875 872...... 51881 12367 (Continued by 874...... 51881 FEDERAL REGISTER PAGES AND DATES, OCTOBER EO 12974)...... 51875 2608...... 51667 12382 (Continued by 2612...... 51667 51321±51666...... 2 EO 12974)...... 51875 2635...... 51667 51667±51876...... 3 12844 (Revoked in Proposed Rules: 51877±52062...... 4 part by EO 251...... 51371 12974) ...... 51876 52063±52290...... 5 531...... 53545 12869 (Superseded by 52291±52608...... 6 EO 12974)...... 51876 7 CFR 52609±52830...... 10 11871 (Continued by 8...... 52293 52831±53100...... 11 EO 12974)...... 51875 301...... 52831, 52833 53101±53246...... 12 11876 (Continued by 400...... 51321 53247±53502...... 13 EO 12974)...... 51875 810...... 51667 53503±53690...... 16 12878 (Revoked by 916...... 52067 EO 12974)...... 51876 917...... 52067 12882 (Continued by 920...... 52834 EO 12974)...... 51875 982...... 51668 12887 (See EO 1150...... 53253 12974) ...... 51876 1212...... 52835 12900 (Continued by 1443...... 51885 EO 12974)...... 51875 1477...... 52609 12901 (Amended by 1478...... 52609 EO 12973)...... 51665 1942...... 52838 12905 (Continued by 1980...... 52838, 53254 EO 12974)...... 51875 2610...... 52840 12912 (See EO 2620...... 52842 12974) ...... 51876 Proposed Rules: 12973...... 51665 54...... 53283 12974...... 51875 300...... 51373 ii Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Reader Aids
318...... 51373 1500...... 53266 558...... 53509 19...... 52640 985...... 52869 570...... 53480 20...... 52640 1280...... 51737 17 CFR 601...... 53480 21...... 52640 1413...... 52634 36...... 51323 620...... 53480 22...... 52640 200...... 52626 630...... 53480 23...... 52640 8 CFR 231...... 53458 640...... 53480 26...... 52640 208...... 52068 241...... 53458 650...... 53480 27...... 52640 212...... 52068, 52248 271...... 53458 660...... 53480 29...... 52640 214...... 52068, 52248 Proposed Rules: 680...... 53480 33...... 52640 236...... 52068 230...... 53468 700...... 53480 35...... 52640 242...... 52068 232...... 53468 801...... 53480 206...... 51963 245...... 52068, 52248 239...... 53468 1310...... 53121 906...... 53562 248...... 52068 240...... 52792, 53468 Proposed Rules: 934...... 53564 274a...... 52068 270...... 53152, 53468 330...... 52058 938...... 53565 299...... 52068 801...... 53560 943...... 53567, 53569 18 CFR 803...... 53560 9 CFR 31 CFR 2...... 53019 804...... 53560 Proposed Rules: 154...... 52960 888...... 51946 Proposed Rules: 94...... 52635 157...... 53019 897...... 53560 103...... 53316 158...... 53019 22 CFR 32 CFR 10 CFR 201...... 53019 50...... 53505 250...... 53019 92...... 51719 199...... 52078 70...... 53505 260...... 53019 514...... 53122 505...... 51918 72...... 53505 284...... 53019 Proposed Rules: 706...... 52860, 53272 73...... 53507 357...... 53114 51...... 51760 2001...... 53492 Proposed Rules: 381...... 53019 Proposed Rules: 50...... 51936 382...... 53114 24 CFR 321...... 51764 52...... 51936 385...... 53019 291...... 52296 723...... 53153 100...... 51936 Proposed Rules: Proposed Rules: 35...... 52874 882...... 51658 33 CFR 11 CFR 100 ...... 52296, 52297, 53273 100...... 52069 19 CFR 25 CFR 110...... 52103 106...... 52069 10...... 52294 163...... 52250 117 ...... 51727, 51728, 51729, 109...... 52069 19...... 52294 164...... 51723 51730, 51732, 52298, 53129, 110...... 52069 54...... 52294 165...... 51723 53274 114...... 52069 101...... 52627 164...... 51733 26 CFR 125...... 52294 165...... 52103, 52861 12 CFR 141...... 52294 1...... 52077, 53126 Proposed Rules: 229...... 51669 144...... 52294 31...... 53509 110...... 53317 701...... 51886 210...... 53117 52...... 52848 162...... 53318 722...... 51889 Proposed Rules: 301...... 51724 Proposed Rules: 101...... 52347 602 ...... 52848, 53126, 53509 36 CFR Ch. II ...... 53546 201...... 51748 Proposed Rules: 1210...... 53514 701...... 51936 207...... 51748 31...... 53561 38 CFR 27 CFR 14 CFR 20 CFR 1...... 53275 39 ...... 51321, 51703, 51705, 404...... 53267 9...... 51896 3 ...... 51921, 52862, 52863, 51707, 51709, 51713, 52073, 53276 702...... 51346 28 CFR 52618, 52620, 52622, 52843, 703...... 51346 20...... 51922 52844, 53109, 53110, 53112, 0...... 53267 53265, 53507 21 CFR 2 ...... 51348, 51349, 51350 40 CFR 61...... 51850 73...... 52628 501...... 53490 52 ...... 51351, 51354, 51923, 63...... 51850 100...... 53480 549...... 52278 52312 65...... 51850 101...... 53480 Proposed Rules: 58...... 52315 71 ...... 52293, 52624, 52846 103...... 53480 16...... 51962 60...... 52329, 52331 97...... 51715, 51717 61...... 52329, 52331 104...... 53480 29 CFR 107...... 51854 105...... 53480 70...... 52332 108...... 51850, 51854 109...... 53480 4...... 51725 81 ...... 51354, 51360, 52336 121...... 51850, 52625 137...... 53480 1602...... 51350 136...... 53529 125...... 52625 161...... 53480 1910...... 52856 180...... 52248 135...... 52625 163...... 53480 2610...... 53268 258...... 52337 135...... 51850 182...... 53480 2619...... 53269 271...... 51925, 52629 Proposed Rules: 186...... 53480 2622...... 53268 282...... 52343 39 ...... 51375, 51376, 51942, 197...... 53480 2644...... 53272 300...... 51927 51944, 52130, 52131, 52636, 200...... 53480 2676...... 53269 Proposed Rules: 52870, 52872, 53148, 53150, 250...... 53480 Proposed Rules: 50...... 52874 53307, 53309, 53310, 53312, 310...... 52474, 53480 2615...... 52135 51...... 51378, 52734 53314, 53548, 53550, 53552, 355...... 52474 1625...... 51762 52 ...... 51378, 51379, 51382, 53554, 53556, 53558 369...... 52474 51964, 52348, 52351, 52352 30 CFR 71 ...... 51747, 52133, 52134, 500...... 53480 60...... 52889 52637, 52638, 52639 505...... 53480 914...... 53511 70...... 52890 77...... 53680 507...... 53480 948...... 51900 80...... 52135, 53157 508...... 53480 Proposed Rules: 81...... 51382 16 CFR 510...... 53480 6...... 52640 82...... 51383, 52357 436...... 51895 522...... 51718, 53509 18...... 52640 85...... 51378, 52734 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Reader Aids iii
86...... 52734, 53157 68...... 52105 572...... 53280 89...... 53157 73 ...... 52105, 52106, 53278 Proposed Rules: 300...... 51390, 51395 76...... 51927, 52106 107...... 53321 LIST OF PUBLIC LAWS 302...... 51765 97...... 53132 110...... 53321 355...... 51765 Proposed Rules: 171...... 53321 This is a continuing list of 36...... 52359 public bills from the current 42 CFR 172...... 53321 61 ...... 52362, 52364, 53157 173...... 53321 session of Congress which 489...... 52731, 53456 73...... 52144, 52641 174...... 53321 have become Federal laws. It 498...... 52731 90...... 52894 175...... 53321 may be used in conjunction 176...... 53321 with ``P L U S'' (Public Laws 43 CFR 48 CFR 177...... 53321 Update Service) on 202±523± Public Land Orders: 915...... 52632 178...... 53321 6641. The text of laws is not 7155...... 52731 916...... 52632 179...... 53321 published in the Federal 7161...... 52631 970...... 52632 571...... 53328 Register but may be ordered 7162...... 52631 1415...... 53278 in individual pamphlet form 7163...... 51734 1426...... 53278 50 CFR (referred to as ``slip laws'') 7164...... 52864 1428...... 53278 from the Superintendent of 23...... 52450 7165...... 52864 1452...... 53278 Documents, U.S. Government 32...... 52866 7166...... 53131 1822...... 52121 Printing Office, Washington, 227...... 51928, 52121 7167...... 53131 1871...... 51368 DC 20402 (phone, 202±512± 228...... 53139 7168...... 53131 Proposed Rules: 2470). 32...... 51766 285...... 51932 44 CFR 45...... 53319 625...... 53281 H.R. 2288/P.L. 104±35 64...... 51360 52...... 51766, 53319 630...... 51933 To amend part D of title IV of 651...... 51370 the Social Security Act to 46 CFR 207...... 53573 209...... 53573 672 ...... 51934, 51935, 52128, extend for 2 years the 160...... 52631 215...... 53573, 53574 52632 deadline by which States are Proposed Rules: 225...... 53319 675...... 52129, 53147 required to have in effect an Ch. I ...... 52143 231...... 53320, 53321 Proposed Rules: automated data processing 25...... 52359 242...... 53573, 53575 14...... 53329 and information retrieval 552...... 53572 252...... 53319, 53575 17 ...... 51398, 51417, 51432, system for use in the 1510...... 51964 51436, 51443 administration of State plans 47 CFR 1532...... 51964 36...... 53576 for child and spousal support. 1...... 52865, 53277 1552...... 51964 222...... 51968 (Oct. 12, 1995; 109 Stat. 294) 32...... 53544 227...... 51968 1553...... 51964 S. 895/P.L. 104±36 36...... 53544 301...... 51735 43...... 51366, 52865 49 CFR 642...... 53576 Small Business Lending 61...... 52345, 52865 209...... 53133 651...... 51978 Enhancement Act of 1995 63...... 51366 240...... 53133 656...... 53577 (Oct. 12, 1995; 109 Stat. 295) 64...... 52105 571...... 53280 676...... 51452, 53331 Last List October 5, 1995 iv Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Reader Aids
CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–026–00042–5) ...... 33.00 Jan. 1, 1995 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–026–00043–3) ...... 27.00 Jan. 1, 1995 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–026–00044–1) ...... 13.00 Jan. 1, 1995 numbers, prices, and revision dates. 200–1199 ...... (869–026–00045–0) ...... 23.00 Jan. 1, 1995 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–026–00046–8) ...... 16.00 Jan. 1, 1995 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–026–00047–6) ...... 15.00 Jan. 1, 1995 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–026–00048–4) ...... 26.00 Jan. 1, 1995 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–026–00049–2) ...... 21.00 Jan. 1, 1995 Affected), which is revised monthly. 16 Parts: The annual rate for subscription to all revised volumes is $883.00 0–149 ...... (869–026–00050–6) ...... 7.00 Jan. 1, 1995 domestic, $220.75 additional for foreign mailing. 150–999 ...... (869–026–00051–4) ...... 19.00 Jan. 1, 1995 Mail orders to the Superintendent of Documents, Attn: New Orders, 1000–End ...... (869–026–00052–2) ...... 25.00 Jan. 1, 1995 P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be accompanied by remittance (check, money order, GPO Deposit 17 Parts: Account, VISA, or Master Card). Charge orders may be telephoned 1–199 ...... (869–026–00054–9) ...... 20.00 Apr. 1, 1995 ...... to the GPO Order Desk, Monday through Friday, at (202) 512±1800 200–239 (869–026–00055–7) 24.00 Apr. 1, 1995 ...... from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 240–End (869–026–00056–5) 30.00 Apr. 1, 1995 to (202) 512-2233. 18 Parts: Title Stock Number Price Revision Date 1–149 ...... (869–026–00057–3) ...... 16.00 Apr. 1, 1995 150–279 ...... (869–026–00058–1) ...... 13.00 Apr. 1, 1995 1, 2 (2 Reserved) ...... (869–026–00001–8) ...... $5.00 Jan. 1, 1995 280–399 ...... (869–026–00059–0) ...... 13.00 Apr. 1, 1995 3 (1994 Compilation 400–End ...... (869–026–00060–3) ...... 11.00 Apr. 1, 1995 and Parts 100 and 19 Parts: 1 101) ...... (869–026–00002–6) ...... 40.00 Jan. 1, 1995 1–140 ...... (869–026–00061–1) ...... 25.00 Apr. 1, 1995 4 ...... (869–026–00003–4) ...... 5.50 Jan. 1, 1995 141–199 ...... (869–026–00062–0) ...... 21.00 Apr. 1, 1995 200–End ...... (869–026–00063–8) ...... 12.00 Apr. 1, 1995 5 Parts: 1–699 ...... (869–026–00004–2) ...... 23.00 Jan. 1, 1995 20 Parts: 700–1199 ...... (869–026–00005–1) ...... 20.00 Jan. 1, 1995 1–399 ...... (869–026–00064–6) ...... 20.00 Apr. 1, 1995 1200–End, 6 (6 400–499 ...... (869–026–00065–4) ...... 34.00 Apr. 1, 1995 Reserved) ...... (869–026–00006–9) ...... 23.00 Jan. 1, 1995 500–End ...... (869–026–00066–2) ...... 34.00 Apr. 1, 1995 7 Parts: 21 Parts: 0–26 ...... (869–026–00007–7) ...... 21.00 Jan. 1, 1995 1–99 ...... (869–026–00067–1) ...... 16.00 Apr. 1, 1995 27–45 ...... (869–026–00008–5) ...... 14.00 Jan. 1, 1995 100–169 ...... (869–026–00068–9) ...... 21.00 Apr. 1, 1995 46–51 ...... (869–026–00009–3) ...... 21.00 Jan. 1, 1995 170–199 ...... (869–026–00069–7) ...... 22.00 Apr. 1, 1995 52 ...... (869–026–00010–7) ...... 30.00 Jan. 1, 1995 200–299 ...... (869–026–00070–1) ...... 7.00 Apr. 1, 1995 53–209 ...... (869–026–00011–5) ...... 25.00 Jan. 1, 1995 300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 210–299 ...... (869–026–00012–3) ...... 34.00 Jan. 1, 1995 500–599 ...... (869–026–00072–7) ...... 22.00 Apr. 1, 1995 300–399 ...... (869–026–00013–1) ...... 16.00 Jan. 1, 1995 600–799 ...... (869–026–00073–5) ...... 9.50 Apr. 1, 1995 400–699 ...... (869–026–00014–0) ...... 21.00 Jan. 1, 1995 800–1299 ...... (869–026–00074–3) ...... 23.00 Apr. 1, 1995 700–899 ...... (869–026–00015–8) ...... 23.00 Jan. 1, 1995 1300–End ...... (869–026–00075–1) ...... 13.00 Apr. 1, 1995 900–999 ...... (869–026–00016–6) ...... 32.00 Jan. 1, 1995 1000–1059 ...... (869–026–00017–4) ...... 23.00 Jan. 1, 1995 22 Parts: 1060–1119 ...... (869–026–00018–2) ...... 15.00 Jan. 1, 1995 1–299 ...... (869–026–00076–0) ...... 33.00 Apr. 1, 1995 1120–1199 ...... (869–026–00019–1) ...... 12.00 Jan. 1, 1995 300–End ...... (869–026–00077–8) ...... 24.00 Apr. 1, 1995 1200–1499 ...... (869–026–00020–4) ...... 32.00 Jan. 1, 1995 23 ...... (869–026–00078–6) ...... 22.00 Apr. 1, 1995 1500–1899 ...... (869–026–00021–2) ...... 35.00 Jan. 1, 1995 24 Parts: 1900–1939 ...... (869–026–00022–1) ...... 16.00 Jan. 1, 1995 ...... 1940–1949 ...... (869–026–00023–9) ...... 30.00 Jan. 1, 1995 0–199 (869–026–00079–4) 40.00 Apr. 1, 1995 1950–1999 ...... (869–026–00024–7) ...... 40.00 Jan. 1, 1995 200–219 ...... (869–026–00080–8) ...... 19.00 Apr. 1, 1995 2000–End ...... (869–026–00025–5) ...... 14.00 Jan. 1, 1995 220–499 ...... (869–026–00081–6) ...... 23.00 Apr. 1, 1995 500–699 ...... (869–026–00082–4) ...... 20.00 Apr. 1, 1995 8 ...... (869–026–00026–3) ...... 23.00 Jan. 1, 1995 700–899 ...... (869–026–00083–2) ...... 24.00 Apr. 1, 1995 9 Parts: 900–1699 ...... (869–026–00084–1) ...... 24.00 Apr. 1, 1995 1–199 ...... (869–026–00027–1) ...... 30.00 Jan. 1, 1995 1700–End ...... (869–026–00085–9) ...... 17.00 Apr. 1, 1995 200–End ...... (869–026–00028–0) ...... 23.00 Jan. 1, 1995 25 ...... (869–026–00086–7) ...... 32.00 Apr. 1, 1995 10 Parts: 26 Parts: 0–50 ...... (869–026–00029–8) ...... 30.00 Jan. 1, 1995 §§ 1.0-1–1.60 ...... (869–026–00087–5) ...... 21.00 Apr. 1, 1995 51–199 ...... (869–026–00030–1) ...... 23.00 Jan. 1, 1995 §§ 1.61–1.169 ...... (869–026–00088–3) ...... 34.00 Apr. 1, 1995 200–399 ...... (869–026–00031–0) ...... 15.00 6Jan. 1, 1993 §§ 1.170–1.300 ...... (869–026–00089–1) ...... 24.00 Apr. 1, 1995 400–499 ...... (869–026–00032–8) ...... 21.00 Jan. 1, 1995 §§ 1.301–1.400 ...... (869–026–00090–5) ...... 17.00 Apr. 1, 1995 500–End ...... (869–026–00033–6) ...... 39.00 Jan. 1, 1995 §§ 1.401–1.440 ...... (869–026–00091–3) ...... 30.00 Apr. 1, 1995 11 ...... (869–026–00034–4) ...... 14.00 Jan. 1, 1995 §§ 1.441-1.500 ...... (869-026-00092-1) ...... 22.00 Apr. 1, 1995 §§ 1.501–1.640 ...... (869–026–00093–0) ...... 21.00 Apr. 1, 1995 12 Parts: §§ 1.641–1.850 ...... (869–026–00094–8) ...... 25.00 Apr. 1, 1995 1–199 ...... (869–026–00035–2) ...... 12.00 Jan. 1, 1995 §§ 1.851–1.907 ...... (869–026–00095–6) ...... 26.00 Apr. 1, 1995 200–219 ...... (869–026–00036–1) ...... 16.00 Jan. 1, 1995 §§ 1.908–1.1000 ...... (869–026–00096–4) ...... 27.00 Apr. 1, 1995 220–299 ...... (869–026–00037–9) ...... 28.00 Jan. 1, 1995 §§ 1.1001–1.1400 ...... (869–026–00097–2) ...... 25.00 Apr. 1, 1995 300–499 ...... (869–026–00038–7) ...... 23.00 Jan. 1, 1995 §§ 1.1401–End ...... (869–026–00098–1) ...... 33.00 Apr. 1, 1995 500–599 ...... (869–026–00039–5) ...... 19.00 Jan. 1, 1995 2–29 ...... (869–026–00099–9) ...... 25.00 Apr. 1, 1995 ...... 600–End (869–026–00040–9) 35.00 Jan. 1, 1995 30–39 ...... (869–026–00100–6) ...... 18.00 Apr. 1, 1995 13 ...... (869–026–00041–7) ...... 32.00 Jan. 1, 1995 40–49 ...... (869–026–000101–4) .... 14.00 Apr. 1, 1995 Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Reader Aids v
Title Stock Number Price Revision Date Title Stock Number Price Revision Date 50–299 ...... (869–026–00102–2) ...... 14.00 Apr. 1, 1995 400–424 ...... (869–022–00152–3) ...... 27.00 July 1, 1994 300–499 ...... (869–026–00103–1) ...... 24.00 Apr. 1, 1995 425–699 ...... (869–022–00153–1) ...... 30.00 July 1, 1994 500–599 ...... (869–026–00104–9) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–026–00157–0) ...... 25.00 July 1, 1995 600–End ...... (869–026–00105–7) ...... 8.00 Apr. 1, 1995 790–End ...... (869–026–00158–8) ...... 15.00 July 1, 1995 27 Parts: 41 Chapters: 1–199 ...... (869–026–00106–5) ...... 37.00 Apr. 1, 1995 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–026–00107–3) ...... 13.00 8Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–026–00108–1) ...... 27.00 July 1, 1995 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-026-00109-0) ...... 22.00 July 1, 1995 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–026–00110–3) ...... 21.00 July 1, 1995 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–026–00111–1) ...... 9.50 July 1, 1995 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–022–00109–4) ...... 35.00 July 1, 1994 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–026–00113–8) ...... 17.00 July 1, 1995 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 1910.999) ...... (869–022–00111–6) ...... 33.00 July 1, 1994 101 ...... (869–022–00157–4) ...... 29.00 July 1, 1994 1910 (§§ 1910.1000 to 102–200 ...... (869–026–00161–8) ...... 15.00 July 1, 1995 end) ...... (869–022–00112–4) ...... 21.00 July 1, 1994 201–End ...... (869–026–00162–6) ...... 13.00 July 1, 1995 1911–1925 ...... (869–022–00113–2) ...... 26.00 July 1, 1994 42 Parts: 1926 ...... (869–022–00114–1) ...... 33.00 July 1, 1994 1–399 ...... (869–022–00160–4) ...... 24.00 Oct. 1, 1994 1927–End ...... (869–022–00115–9) ...... 36.00 July 1, 1994 400–429 ...... (869–022–00161–2) ...... 26.00 Oct. 1, 1994 30 Parts: 430–End ...... (869–022–00162–1) ...... 36.00 Oct. 1, 1994 1–199 ...... (869–022–00116–7) ...... 27.00 July 1, 1994 43 Parts: 200–699 ...... (869–026–00120–1) ...... 20.00 July 1, 1995 1–999 ...... (869–022–00163–9) ...... 23.00 Oct. 1, 1994 *700–End ...... (869–026–00121–9) ...... 30.00 July 1, 1995 1000–3999 ...... (869–022–00164–7) ...... 31.00 Oct. 1, 1994 31 Parts: 4000–End ...... (869–022–00165–5) ...... 14.00 Oct. 1, 1994 0–199 ...... (869–026–00122–7) ...... 15.00 July 1, 1995 44 ...... (869–022–00166–3) ...... 27.00 Oct. 1, 1994 200–End ...... (869–022–00120–5) ...... 30.00 July 1, 1994 45 Parts: 32 Parts: 2 1–199 ...... (869–022–00167–1) ...... 22.00 Oct. 1, 1994 1–39, Vol. I ...... 15.00 July 1, 1984 200–499 ...... (869–022–00168–0) ...... 15.00 Oct. 1, 1994 1–39, Vol. II ...... 19.00 2 July 1, 1984 2 500–1199 ...... (869–022–00169–8) ...... 32.00 Oct. 1, 1994 1–39, Vol. III ...... 18.00 July 1, 1984 1200–End ...... (869–022–00170–1) ...... 26.00 Oct. 1, 1994 1–190 ...... (869–022–00121–3) ...... 31.00 July 1, 1994 191–399 ...... (869–026–00125–1) ...... 38.00 July 1, 1995 46 Parts: *400–629 ...... (869–026–00126–0) ...... 26.00 July 1, 1995 1–40 ...... (869–022–00171–0) ...... 20.00 Oct. 1, 1994 630–699 ...... (869–026–00127–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–022–00172–8) ...... 16.00 Oct. 1, 1994 700–799 ...... (869–022–00125–6) ...... 21.00 July 1, 1994 70–89 ...... (869–022–00173–6) ...... 8.50 Oct. 1, 1994 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 90–139 ...... (869–022–00174–4) ...... 15.00 Oct. 1, 1994 140–155 ...... (869–022–00175–2) ...... 12.00 Oct. 1, 1994 33 Parts: 156–165 ...... (869–022–00176–1) ...... 17.00 7Oct. 1, 1993 1–124 ...... (869–022–00127–2) ...... 20.00 July 1, 1994 166–199 ...... (869–022–00177–9) ...... 17.00 Oct. 1, 1994 125–199 ...... (869–022–00128–1) ...... 26.00 July 1, 1994 200–499 ...... (869–022–00178–7) ...... 21.00 Oct. 1, 1994 200–End ...... (869–026–00132–4) ...... 24.00 July 1, 1995 500–End ...... (869–022–00179–5) ...... 15.00 Oct. 1, 1994 34 Parts: 47 Parts: 1–299 ...... (869–026–00133–2) ...... 25.00 July 1, 1995 0–19 ...... (869–022–00180–9) ...... 25.00 Oct. 1, 1994 300–399 ...... (869–026–00134–1) ...... 21.00 July 1, 1995 20–39 ...... (869–022–00181–7) ...... 20.00 Oct. 1, 1994 400–End ...... (869–022–00132–9) ...... 40.00 July 1, 1994 40–69 ...... (869–022–00182–5) ...... 14.00 Oct. 1, 1994 35 ...... (869–026–00136–7) ...... 12.00 July 1, 1995 70–79 ...... (869–022–00183–3) ...... 24.00 Oct. 1, 1994 80–End ...... (869–022–00184–1) ...... 26.00 Oct. 1, 1994 36 Parts 1–199 ...... (869–026–00137–5) ...... 15.00 July 1, 1995 48 Chapters: *200–End ...... (869–026–00138–3) ...... 37.00 July 1, 1995 1 (Parts 1–51) ...... (869–022–00185–0) ...... 36.00 Oct. 1, 1994 1 (Parts 52–99) ...... (869–022–00186–8) ...... 23.00 Oct. 1, 1994 37 ...... (869–022–00136–1) ...... 20.00 July 1, 1994 2 (Parts 201–251) ...... (869–022–00187–6) ...... 16.00 Oct. 1, 1994 38 Parts: 2 (Parts 252–299) ...... (869–022–00188–4) ...... 13.00 Oct. 1, 1994 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 ...... (869–022–00189–2) ...... 23.00 Oct. 1, 1994 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 7–14 ...... (869–022–00190–6) ...... 30.00 Oct. 1, 1994 39 ...... (869–026–00142–1) ...... 17.00 July 1, 1995 15–28 ...... (869–022–00191–4) ...... 32.00 Oct. 1, 1994 29–End ...... (869–022–00192–2) ...... 17.00 Oct. 1, 1994 40 Parts: *1–51 ...... (869–026–00143–0) ...... 40.00 July 1, 1995 49 Parts: 52 ...... (869–022–00141–8) ...... 39.00 July 1, 1994 1–99 ...... (869–022–00193–1) ...... 24.00 Oct. 1, 1994 53–59 ...... (869–022–00142–6) ...... 11.00 July 1, 1994 100–177 ...... (869–022–00194–9) ...... 30.00 Oct. 1, 1994 60 ...... (869-022-00143-4) ...... 36.00 July 1, 1994 178–199 ...... (869–022–00195–7) ...... 21.00 Oct. 1, 1994 61–80 ...... (869–022–00144–2) ...... 41.00 July 1, 1994 200–399 ...... (869–022–00196–5) ...... 30.00 Oct. 1, 1994 81–85 ...... (869–022–00145–1) ...... 23.00 July 1, 1994 400–999 ...... (869–022–00197–3) ...... 35.00 Oct. 1, 1994 86–99 ...... (869–022–00146–9) ...... 41.00 July 1, 1994 1000–1199 ...... (869–022–00198–1) ...... 19.00 Oct. 1, 1994 100–149 ...... (869–022–00147–7) ...... 39.00 July 1, 1994 1200–End ...... (869–022–00199–0) ...... 15.00 Oct. 1, 1994 150–189 ...... (869–022–00148–5) ...... 24.00 July 1, 1994 50 Parts: *190–259 ...... (869–026–00152–9) ...... 17.00 July 1, 1995 1–199 ...... (869–022–00200–7) ...... 25.00 Oct. 1, 1994 260–299 ...... (869–022–00150–7) ...... 36.00 July 1, 1994 200–599 ...... (869–022–00201–5) ...... 22.00 Oct. 1, 1994 300–399 ...... (869–022–00151–5) ...... 18.00 July 1, 1994 600–End ...... (869–022–00202–3) ...... 27.00 Oct. 1, 1994 vi Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / Reader Aids
Title Stock Number Price Revision Date Subscription (mailed as issued) ...... 264.00 1995 CFR Index and Findings Individual copies ...... 1.00 1995 Aids ...... (869–026–00053–1) ...... 36.00 Jan. 1, 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. Complete 1995 CFR set ...... 883.00 1995 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations Microfiche CFR Edition: in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. Complete set (one-time mailing) ...... 188.00 1992 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only Complete set (one-time mailing) ...... 223.00 1993 for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, Complete set (one-time mailing) ...... 244.00 1994 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1995. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1995. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period January 1, 1993 to December 31, 1994. The CFR volume issued January 1, 1993, should be retained. 7 No amendments to this volume were promulgated during the period October 1, 1993, to September 30, 1994. The CFR volume issued October 1, 1993, should be retained. 8 No amendments to this volume were promulgated during the period April 1, 1994 to March 31, 1995. The CFR volume issued April 1, 1994, should be retained.