11-5-85 Tuesday Noi. 50 No. 214 November 5, 1985 Pages 45901-45984

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Animal Drugs Food and Drug Administration C redit Farmers Home Administration Crop Insurance Federal Crop Insurance Corporation Customs Duties and Inspection Customs Service Im ports Animal and Plant Health Inspection Service Marketing Agreement Agricultural Marketing Service Medicaid Health Care Financing Administration FEDERAL REGISTER Published daily, Monday through Friday, (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

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THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT

FOR: Any person who uses the Federal Register and ATLANTA, GA Code of Federal Regulations. WHEN: Nov. 21; at 1 pm. WHO: The Office of the Federal Register. Nov. 22; at 9 am. (identical session) WHERE: Room LP-7, WHAT: Free public briefings (approximately 2 l/2 hours) Richard B. Russell Federal Building, to present: 75 Spring Street, SW., Atlanta, GA. 1. The regulatory process, with a focus on the RESERVATIONS: Deborah Hogan, Federal Register system and the public's role Atlanta Federal Information Center. in the development of regulations. Before Nov. 12: 404-221-2170 2. Hie relationship between the Federal Register On or after Nov. 12: 404-331-2170 and Code of Federal Regulations. 3. The important elements of typical Federal PHILADELPHIA, PA Register documents. WHEN: Dec. 17; at 1 pm. 4. An introduction to the finding aids of the Dec. 18; at 9 am. (identical session) FR/CFR system. - WHERE: Room 3306/10 WHY: To provide the public with access to information William J. Green, Jr., Federal Building, necessary to research Federal agency regulations 600 Arch Street, Philadelphia, PA. which directly affect them. There will be no RESERVATIONS: discussion of specific agency regulations. Laura Lewis, Philadelphia Federal Information Center, 215-597-1709 i n

Contents Federal Register Vol. 50, No. 214

Tuesday, November 5, 1985

The President 45949 General Dynamics Corp. et aL ADMINISTRATIVE ORDERS 45947 Halliburton Co. 45901 Iran emergency, continuation (Notice of November 45947 Twin City Leather Co. Inc. 1,1985) 45948 Weyerhaeuser Co. 45948 Wood & Hyde Leather Corp. et al. Executive Agencies 45947 Virginia Maid Hosiery Mills Agriculture Department S e e a ls o Animal and Plant Health Inspection Energy Department Service; Farmers Home Administration; Federal S e e Federal Energy Regulatory Commission. Crop Insurance Corporation; Forest Service. NOTICES Environmental Protection Agency Program payments; income tax exclusion; primary PROPOSED RULES purpose determination: Water pollution; effluent guidelines for point source 45924 South Carolina forest renewal program categories: 45920 Pharmaceutical manufacturing; extension of time Animat and Plant Health Inspection Service NOTICES PROPOSED RULES 45930 Agency information collection activities under Exportation and importation of animals and animal OMB review products: Air pollution control: 45918 Poultry hatching eggs; importation 45931 Kentucky; proposed actions on Clean Air Act Commerce Department grant; inquiry S e e a ls o Minority Business Development Agency; Superfund and hazardous waste: National Oceanic and Atmospheric Administration. 45933 Hazardous substances management; off-site NOTICES response actions; planning and implementing 45925 Agency information collection activities under procedure OMB review Farmers Home Administration Commodity Futures Trading Commission RULES NOTICES 45906 Internal Revenue Service offset for delinquent 45959 Meetings; Sunshine Act (5 documents) housing borrowers, implementation; interim Customs Service Federal Communications Commission PROPOSED RULES Customs duties: n o t ic e s 45919 Drawback; claimants under same condition; 45959 Meetings; Sunshine Act exemption NOTICES Federal Crop Insurance Corporation Organization, functions, and authority delegation: RULES 45957 Neche, ND, port of entry; change of hours Crop insurance; various commodities; 45903 Apples; correction Defense Department 45903 Prevented planting crop insurance policy S e e a ls o Navy Department NOTICES 45927 President’s Blue Ribbon Commission on Defense Federal Energy Regulatory Commission Management; defense procurement system and RULES acquisition process inquiry Natural Gas Policy ^Lqt: 45907 Regulation of pipelines after partial wellhead Education Department decontrol NOTICES Natural Gas Policy Act and natural gas companies 45928 Agency information collection activities under (Natural Gas Act): OMB review 45908 Pipelines; interstate transportation of gas for Meetings: others; effects of partial wellhead decontrol; final 45927 Bilingual Education National Advisory and rule and policy statement; correction Coordinating Council NOTICES Natural gas companies: Employment and Training Administration - 45930 Certificates of public convenience and necessity; NOTICES applications, abandonment of service and . Adjustment assistance: petitions to amend (Exxon Corp.) 45947 Acme Boot Co. Electric rate and corporate regulation filings: *5948 Altra, Inc. et al. 45929 Green Mountain Power Corp. et al. IV Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Contents

Federal Home Loan Bank Board Human Development Services Office NOTICES NOTICES 45937 Agency information collection activities under Grants; availability, etc.: OMB review 45962 Child welfare services resource centers Receiver appointments: 45937 Security Trust Savings & Loan Association Interior Department S e e Fish and Wildlife Service; Land Management Federal Maritime Commission Bureau; National Park Service; Surface Mining NOTICES Reclamation and Enforcement Office. Shipping Act of 1984: 45937 Controlled carriers listing; update Interstate Commerce Commission NOTICES Federal Railroad Administration 45959 Meetings; Sunshine Act Railroad operation, acquisition, construction, etc.: RULES 45946 Burlington Northern Railroad Co. Railroad operation rules: Railroad services abandonment: 45917 Alcohol and drug use control; suspension of final 45946 Chicago and North Western Transportation Co. rule 45946 Kansas Southwestern Railway Co. et al. 45946 Seaboard System Railroad, Inc. (2 documents) Federal Reserve System NOTICES Labor Department Bank holding company applications, etc.: S e e Employment and Training Administration; 45938 American Fletcher Corp. et al. Pension and Welfare Benefit Programs Office. Federal Reserve Bank services; fee schedules and pricing principles: Land Management Bureau 45938 Priced service activities consolidation; noncash NOTICES collection activities; inquiry Meetings: * 45944 Idaho Falls District Grazing Advisory Board Fish and Wildlife Service 45942 Las Cruces District Advisory Council Oil and gas leases: NOTICES 45942 Wyoming Comprehensive conservation plan/environmental Resource management plans/environmental statements; availability, etc.: statements; availability, etc.: 45944 Alaska Maritime National Wildlife Refuge, AK 45943 Lander Resource Area, WY Food and Drug Administration Legal Services Corporation RULES NOTICES Animal drugs, feeds and related products: Grants; availability, etc.: 45910 Salinomycin and roxarsone 45951 California Color additives: 45909 FD&C Yellow No. 5; provisional listing; stay of Minority Business Development Agency effective date NOTICES Financial assistance application announcements: Forest Service 45925 Tennessee NOTICES National Oceanic and Atmospheric Meetings: Administration 45924 Mono Basin National Forest Scenic Area NOTICES Advisory Board Meetings: 45926 Western Pacific Fishery Management Council Health and Human Services Department National Park Service S e e a ls o Food and Drug Administration; Health NOTICES Care Financing Administration; Human Historic Places National Register; pending Development Services Office. NOTICES nominations: 45944 Alaska et al. Organization, function, and authority delegations: 45939 Deputy Assistant Secretary for Procurement, National Science Foundation Assistance, and Logistics NOTICES 45940 Management Analysis and Systems Office et al. Grants; availability, etc.: 45952 Middle school science and mathematics teachers Health Care Financing Administration PROPOSED RULES National Transportation Safety Board Medicaid: NOTICES 45921 Intermediate care facilities for mentally retarded; 45960 Meetings; Sunshine Act fire safety standards Navy Department Housing and Urban Development Department NOTICES RULES Environmental statements; availability, etc.: 45910 Contract Appeals Board; procedures 45927 Naval Air Facility, El Centro, CA Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Contents______V

Nuclear Regulatory Commission NOTICES 45955 Agency information collection activities under OMB review (2 documents) Applications, etc.: Arizona Public Service Co. 45955 Environmental statements; availability, etc.: 45954 Consolidated Edison of New York, Inc. 45954 Consumers Power Co. 45960 Meetings; Sunshine Act

Pension and Welfare Benefit Programs Office NOTICES Employee benefit plans; prohibited transaction exemptions: 45950 Medical Center Clinic et al.

Surface Mining Reclamation and Enforcement O ffice ; 0 NOTICES Environmental statements; availability, etc.; 45945 Black Mesa-Kayenta Mine, Navajo County, AZ

Textile Agreements Implementation Committee NOTICES Textile and apparel categories: 45926 Cotton dressing gowns, overalls, and vests produced or manufactured in India

Transportation Department S e e Federal Railroad Administration.

Treasury Department S e e Customs Service.

Veterans Administration NOTICES Meetings: 45958 Rehabilitation Research and Development Scientific Review and Evaluation Board

Separate Parts in This Issue

Part II 45962 Department of Health and Human Services, Office of Human Development Services

Reader Aids Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue. VI Federal Register / Voi. 50, No. 214 / Tuesday, November 5,1985 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 12170 See Notice of November 1,1985 ...... 45901 Administrative Orders: Notices: November 1, 1985....-...... 45901 7 CFR 404 ...... 45903 405 ...... 45903 408...... 45903 442...... 45903 1900...... 45906 9 CFR Proposed Rules: 92...... 45918 18 CFR 2 ...... 45907 157...... 45907 25 0 ...... 45907 284 (2 documents)...... 4 5 9 0 7 - 45908 375...... 45907 19 CFR Proposed Rules: 191...... 45919 21 CFR 74...... 45909 81 ...... 45909 82 ...... 45909 558...... 45910 24 CFR 2 0 ...... ;...... 45910 40 CFR Proposed Rules: 439...... 45920 42 CFR Proposed Rules:. 442...... 45921 49 CFR 21 2...... i...... 45917 21 7 ...... 45917 218 ...... 45917 219 ...... 45917 225...... 45917 45901

Federal Register Presidential Documents Vol. 50, No, 214

Tuesday, November 5, 1985

Title 3— Notice of November 1, 1985

The President Continuation of Iran Emergency

On November 14,1979, by Executive Order No. 12170, the President declared a national emergency to deal with the threat to the national security, foreign policy, and economy of the United States constituted by the situation in Iran. Notices of the continuation of this national emergency were transmitted by the President to the Congress and the Federal Register on November 12, 1980, November 12, 1981, November 8, 1982, November 4, 1983, and November 7, 1984. Because our relations with Iran have not yet returned to normal and the process of implementing the January 19, 1981, agreements with Iran is still underway, the national emergency declared on November 14, 1979, must continue in effect beyond November 14, 1985. Therefore, in accordance with Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency with respect to Iran. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, November 1, 1985. [FR Doc. 85-26504 Filed 11-1-65; 4:19 pm) Billing code 3195-01-M Editorial note: For the text of the President’s message to Congress, dated Nov. 1, on the continuation of the Iran emergency, see the W eekly Compilation o f Presidential Documents (vol. 21, p. 1335).

45903 Rules and Regulations Federal Regislet Vol. 50, No. 214

Tuesday, November 5, 1985

This section of the FEDERAL REGISTER EFFECTIVE DATE: November 1,1985. production history (APH) basis. Since contains regulatory docum ents having FOR FURTHER INFORMATION CONTACT: the insured with a good production and general applicability and legal e ffe c t most Peter F. Cole, Secretary, Federal Crop loss history derives the benefit under of which are keyed to and codified in Insurance Corporation, U.S. Department that concept by the increase in the the Code of Federal Regulations, which is guarantee, the premium adjustment published under 50 titles pursuant to 44 of Agriculture, Washington, D.C., 20250, table, (which reduced the premium for U.S.C. 1510. telephone (202) 447-3325. The Code of Federal Regulations is sold SUPPLEMENTARY INFORMATION: This good loss history and increased the by the Superintendent of Documents. action has been reviewed under USDA premium for poor loss history) was no Prices of new books are listed in the procedures established by Departmental longer applicable. FCIC is therefore first FEDERAL REGISTER issue of each Regulation No. 1512-1. This action deleting the premium adjustment table week. constitutes a review as to the need, from the prevented planting insurance currency, clarity, and effectiveness of policy so to maintain consistency with other corporation policies. Insureds with DEPARTMENT OF AGRICULTURE these regulations under those procedures. The sunset review date good loss experience who are now Federal Crop Insurance Corporation established foT these regulations is July receiving a premium discount are 1,1990. protected since they will retain any 7 CFR Parts 494,405, and 408 Merritt W: Sprague, Manager, FCIC, discount under the present schedule has determined and certifies that this through the 1990 crop year, or until their [Docket No. 2722S ] action (1) is not a major rule as defined loss experience causes them to lose the Apple Crop Insurance Regulations by Executive Order No. 12291 because it advantage, whichever is earlier. will not result in: (a) An annual effect on Remove the provisions for the transfer Correction the economy of $100 million or more; (b) of insurance experience and for In FR Doc. 85-25719, beginning on major increases in costs or prices for premium computation when insurance page 43652 in the issue of Tuesday, consumers, individual industries, has not been continuous. Deletion of the October 29,1985, make the following federal, State, or local governments, or a Premium Adjustment Table eliminates correction: geographical region; or (c) significant the need for these provisions. adverse effects on competition, On page 43652, second column, the 2. Section 9.d—Change the method o f employment, investment, productivity, effective d a te should read "October computing indemnities when acres are innovation, or the ability of U.S.-based 29,1985.” underreported. This change will reduce enterprises to compete with foreign- BILLING CODE 1505-01-M the complexity of calculations. based enterprises in domestic or export markets; and (2) will not increase the 3. Section 17.—Add definitions of 7 CFR Part 442 federal paperwork burden for “ASCS"and “Loss ratio". Amend the individuals, small businesses, and other “County” definition to clarify when land [Arndt No. 3; D oc. No. 2898S] persons. located outside the county is deemed to be in the county. Amend the “Unit” Prevented Planting Crop Insurance This action is exempt from the provisions of the Regulatory Flexibility definition to be consistent with other Regulations Act; therefore, no Regulatory Flexibility crop policies. AGENCY: Federal Crop Insurance Analysis was prepared. On Monday, September 9,1985, FCFC Corporation, USDA. This program is listed in the Catalog published a Notice of Proposed ACTION: Final rule. of Federal Domestic Assistance under Rulemaking in the Federal Register at 50 No. 10.450. FR 36597, amending the Prevented Summary: The Federal Crop Insurance This program is not subject to the Planting Crop Insurance Regulations (7 Corporation (FCIC) hereby amends the provisions of Executive Order 12372 CFR Part 442), effective for the 1986 and Prevented Ranting Crop Insurance which requires intergovernmental succeeding crop years. The public was Regulations (7 CFR 442.7), effective for consultation with State and local given 30 days in which to submit written the 1986 and succeeding crop years. The officials. See the Notice related to 7 CFR comments on the proposed rule, but intended effect of this rule is to: (1) 3015, Subpart V, published at 48 FR none were received. Remove the Premium Adjustment Table: 29115, June 24,1983. Changes in the Prevented Ranting (2) change the method of computing This action is not expected to have Crop Insurance Policy must be on file in indemnities when acreage or share is any significant impact on the quality of the county office by October 31,1985. underreported; (3) remove the provision the human environment health, and Therefore, good cause is shown for for transfer of insurance experience safety. Therefore, neither an making this rule effective in less than 30 based on premium adjustments from one Environmental Assessment nor an contract to another; (4) add definitions Environmental Impact Statement is days from the date of publication in the Federal Register. With the exception of of “ASCS” and "Loss Ratio”; and [5) needed. redefine “County” to clarify when land Other than minor changes in language minor ehanges in language and format, located outside the county will be and format, the principal changes in the the proposed rule, amended as outlined included in the county. The authority for prevented planting policy are: above, is hereby adopted. the promulgation of this rule is 1. Section 5.—Remove the Premium List of Subjects in 7 CFR Part 442 contained in the Federal Crop Insurance Adjustment Table. FCIC is moving Act, as amended. toward placing all crops on an actual Crop insurance, Prevented planting. 45904 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations

Final Rule whichever we elect and for which an amount (3) The premium reduction will decrease of insurance and premium rate are provided because of unfavorable experience in Accordingly, pursuant to the authority by the actuarial table. accordance with the terms of the policy in contained in the Federal Crop Insurance b. The insured share will be your share as effect for the 1985 crop year; Act, as amended (7 U.S.C. 1501 e t s e q .), landlord, owner-operator, or tenant in the (4) Once the loss ratio exceeds .80, no the Federal Crop Insurance Corporation insured prevented planting at the time further premium reduction will apply; and hereby amends the Prevented Planting insurance attaches. (5) Participation must be continuous. Crop Insurance Regulations (7 CFR Part c. “Cultivated acreage intended for 8. Deductions for Debt. 442), effective for the 1988 and planting” means land that was ready or, Any unpaid amount due us may be except for excessive moisture could have succeeding crop years as follows: deducted from any indemnity payable to you been made ready, for planting, but does not or from any loan or payment due you under 1. Thé Authority Citation for 7 CFR include land: Part 442 continues to read as follows: any Act of Congress or program administered (1) On which a perennial forage crop is by the United States Department of being grown or on which a crop was planted Authority: Secs. 506, 516, Pub. L. 75-430, 52 Agriculture or its Agencies. prior to the acreage reporting date; Stat. 73, 77, as amended (7 U.S.C. 1506,1516). 7. Insurance Period. (2) on which a prevented planting Insurance attaches March 5 of the crop indemnity was claimed the prior crop year if PART 442—[AMENDED] year and ends at* the earliest of: such land was not worked by October 31 of a. Planting of the acreage; or 2. 7 CFR 442.7(d) is revised to read as the prior year; or b. The prevented planting date. follows: (3) which was not or would not have been planted to comply with any other United 8. Notice of Damage or Loss. § 442.7 The application and policy. States Department of Agriculture or state a. If you are going to claim an indemnity on * * + * * programs or for any other reason. any unit, we must be given notice not later 3. Report of Acreage and Share. than 5 days after the prevented planting date. (d) The application for the 1986 and You must report on our form: b. We may reject any claim for indemnity if succeeding crop years is found at a. all the cultivated acreage intended for you fail to comply with any of the Subpart D of Part 400—General planting in the county in which you have a requirements'of this section or section 9. Administrative Regulations (7 CFR share; and 9. Claim for Indemnity. 400.37,400.38) and may be amended b. your share at the time of reporting. a. Any claim for indemnity on a unit must from time to time for subsequent crop You must designate separately any acreage be submitted to us on our form not later than years. The provisions of the Prevented that is not insurable. You must report if you 60 days after the prevented planting date. do not have a share in any insurable acreage b. We will not pay any indemnity unless Planting Crop Insurance Policy for the in the county. This report must be submitted you: 1986 and succeeding crop years are as annually on or before January 31. All (1) Establish that any prevention of follows: indemnities may be determined on the basis planting on the unit was directly caused by DEPARTMENT OF AGRICULTURE of information you submit on this report. If excessive moisture during the insurance you do not submit this report by the reporting period for the crop year for which the Federal Crop Insurance Corporation date, we may elect to determine by unit the indemnity is claimed; and insured acreage and share or we may deny Prevented Planting Crop Insurance Policy (2) Furnish all information we require liability on any unit. Any report submitted by concerning the loss. (This is a continuous contract. Refer to you may be revised only upon our approval. c. The indemnity will be determined on Section 15.) 4. Amounts of Insurance and Coverage each unit by: AGREEMENT TO INSURE: W e will Levels. (1) Multiplying the insured acreage times provide the insurance described in this policy a. The amounts of insurance and coverage the coverage level, times the amount of in return for the premium and your levels are contained in the actuarial table. insurance; compliance with all applicable provisions. b. Coverage level 2 will apply if you do not (2) Subtracting therefrom the amount Throughout this policy, “you” and "your” elect a coverage level. obtained by multiplying the spring-planted refer to Üie insured shown on the accepted c. You may change the amount of insurance acreage, plus any acreage intended for Application and “we,” “us,” and "our” refer and coverage level on or before the closing planting from which a forage crop is to die Federal Crop Insurance Corporation. date for submitting applications for the crop harvested, plus any acreage which could year as established by the actuarial table. Terms and Conditions have been planted, times the amount of 5. Annual Premium. insurance; and 1. Causes of Loss. a. The annual premium is earned and (3) Multiplying this result by your share. a. The insurance provided is against the payable on the date insurance attaches. The d. If the information reported by you under unavoidable prevention of planting insured amount is computed by multiplying the section 3 of the policy results in a lower acreage during the insurance period due to amount of insurance times the premium rate, premium than the actual premium determined excessive moisture conditions occurring times the insured acreage, times the coverage within the insurance period, unless this cause level, times your share on the date insurance to be due, the amount of insurance on the unit is excepted, excluded, or limited by the attaches. will be computed on the information you actuarial table. b. Interest will accrue at the rate of one reported but the premium will be changed in b. We will not cover any prevention of and one-half percent (1 Vz%) simple interest accordance with the actual amount planting due to: per calendar month, or any part thereof, on determined to be due. (1) The neglect, mismanagement, or any unpaid premium balance starting on the e. You must not abandon any acreage to us. wrongdoing of you, any member of your first day of die month following the first f. You may not sue us unless you have household, your tenants, or employees; premium billing date. complied with all policy provisions. If a claim (2) the failure to follow recognized good c. If you are eligible for a premium is denied, you may sue us in the United farming practices; reduction in excess of 5 percent based on States District Court under the provisions of 7 (3) the impoundment of water by any your insuring experience through the 1984 U.S.C. 1508(c). You must bring suit within 12 governmental, public, or private dam or crop year under the terms of the experience months of the date notice of denial is reservoir project; or table contained in the prevented planting received by you. (4) the failure to plant insured acreage due policy in effect for the 1985 crop year, you g. We have a policy for paying your to a cause other than excessive moisture. will continue to receive the benefit of that indemnity within 30 days of our approval of 2. Acreage and Share Insured. reduction subject to the following conditions: your claim, or entry of a final judgment a. The acreage insured for each crop year (1) No premium reduction will be retained against us. We will, in no instance, be liable will be the cultivated, acreage intended for after the 1990 crop year; for the payment of damages, attorney's fees, planting in which you have a share, as (2) Hie premium reduction will not increase or other charges in connection with any claim reported by you or as determined by us, because of favorable experience; for indemnity, whether we approve or Federal Register / Vol. 50, No. 214 / Taesday, November 5, 1985 / Rules and Regulations 45905 disapprove such claim. We will, however, b. This contract may be canceled by either e. “Insurable acreage” means the land pay simple interest computed on the net yon or us for any succeeding crop year by classified as insurable by us and shown as indemnity ultimately found to be due by us or giving written notice on or before the such by the actuarial table. by a final judgment from and including the cancellation date preceding such crop year. f. "Insured” means the person who 61st day after the date you sign, date, and c. This contract will terminate as to any submitted the application accepted by us. submit to us the properly completed claim for crop year if any amount due us on this or any g. “Loss ratio” means the ratio of indemnity indemnity form, if the reason for our failure other contract with you is not paid on or to premium. to timely pay is not due to your failure to before the termination date preceding such h. “Person” means an individual, provide information or other material crop year for the contract on which the partnership, association, corporation, estate, necessary for the computation or payment of amount is due. The date of payment of the trust, or other legal entity, and wherever the indemnity. The interest rate will be that amount due if deducted from: applicable, a State, a political subdivision of established by the Secretary of the Treasury (1) An indemnity, will be the date you sign a State, or any agency thereof. under Section 12 of the Contract Disputes Act such claim; or i. “Prevented planting date” means the of 1978 (41 U.S.C. 611), and published semi­ (2) Payment under another program latest date established by the crop actuarial annually in the Federal Register on or about administered by the United States tables that we will insure any spring-planted January 1 and July 1. The interest rate to be Department of Agriculture, will be the date crop in the county, except tobacco. This date paid on any indemnity will vary with the rate both such other payment and setoff are includes any extended date or final date announced by the Secretary of the Treasury. approved. offered under any late planting agreement h. If you die, disappear, or are judicially d. The cancellation and termination dates option. declared incompetent, or if you are an entity are January 31. j. “Service office" means the office other than an individual and such entity is e. If you die or are judicially declared servicing your contract as shown on the dissolved after the date insurance attaches incompetent, or if you are an entity other for any crop year, any indemnity wiH be paid than an individual and such entity is application for insurance or such other to the person(s) determined to be beneficially dissolved, the contract will terminate as of approved office as may be selected by you or entitled thereto. the date of death, judicial declaration, or designated by us. 10. Concealment or Fraud. dissolution. If such event occurs after k. “Spring-planted acreage^ means the We may void the contract on all crops insurance attaches for any crop year, the insured acreage: insured without affecting your liability for contract will continue in force through the (1) Planted to any crop during die premiums or waiving any right including the crop year and terminate at the end thereof. insurance period; or right to collect any amount due us if, at any Death of a partner in a partnership will (2) which could have been planted daring time, you have concealed or misrepresented dissolve the partnership unless the the insurance period to a crop normally any material fact or committed any fraud partnership agreement provides otherwise. If included in your farming operation or shown relating to the contract. Such voidance will two or more persons having a joint interest in the actuarial table as suitable for be effective as of the beginning of the crop are insured jointly, death of one of the production in the county. year with respect to which such act or. persons will dissolve the joint entity. l. "Tenant” means a person who rents land omission occurred. f. The contract will terminate if no premium from another person for a share of the crop(s) 11. Transfer of Right to Indemnity on is earned for 5 consecutive years. or a share of the proceeds therefrom. Insured Share. 16. Contract Changes. m. “Unit” means all insurable acreage in If you transfer any part of your share We may change any terms and provisions the county which you intend to plant during the crop year, you may transfer your of the contract from year to year. If your (1) In which you have a 100 percent share; right to an indemnity. The transfer must be on amount of insurance is no longer offered, the or our form and approved by us. We may collect actuarial table will provide the amount of (2) which is owned by one entity and the premium from either you or your insurance which you are deemed to have operated by another entity cm a share basis. transferee or both. The transferee will have elected. All contract changes will be Land rented for cash, a fixed commodity all rights and responsibilities under the available at your service office by October 31 payment or any consideration other than a contract. preceding the cancellation date. Acceptance share in the prevented planting on such land 12. Assignment of Indemnity. of any change will be conclusively presumed will be considered as owned by the lessee. You may assign to another party your right in the absence of notice from you to cancel Units will be determined when the acreage is to an indemnity for the crop year, only oh our the contract, reported. Errors in reporting such units may­ form and with our approval. The assignee 17. Meaning of Terms. be corrected by us when adjusting a loss. We will have the right to submit the loss notices For the purposes of prevented planting crop may consider any acreage and share thereof and forms required by the contract. insurance: reported by or for your spouse or child or any a. “Actuarial table” means the forms and 13. Subrogation. (Recovery of loss from a member of your household to be your bona third party.) related material for the crop year approved fide share or the bona fide share of any other Because you may be able to recover all or a by us which are available for public person having an interest therein. part of your loss from someone other than us, inspection in your service office, and which 18. Descriptive Headings. you must do all you can to preserve any such show the amounts of insurance, coverage The descriptive headings of the various right. If we pay you for your loss, then your levels, premium rates, insurable and y policy terms and conditions are formulated right of recovery will at our option belong to unisurable acreage, and related information for convenience only and are not intended to us. If we recover more than we paid you plus regarding prevented planting insurance in the affect the construction or meaning of any of our expenses, the excess will be paid to you. country. 14. Records and Access to Farm. b. “ASCS" means the Agricultural the provisions of the contract You must keep, for two years after the time Stabilization and Conservation Service of the 19. Determinations. of loss, records of the insured, uninsured and United States Department of Agriculture. All determinations required by the policy planted acreage in your farming operation. c. “County” means the county shown on will be made by us. If you disagree with our Any person designated by us will have the application and any: determinations, you may obtain access to such records and the farm for (1) Additional land located in a local reconsideration of or appeal those purposes related to the contract, producing area bordering on the county as determinations in accordance with Appeal 15. life of Contract: Cancellation and shown by the actuarial table; and Regulations. Termination. (2) Land identified by an ASCS farm serial 20. Notices. a. This contract will be in effect for the number for the county but physically located : All notices required to be given by you crop year specified on the application and in another county, i : - ; — : ■••• must be in writing and received by your may not be canceled by you for such crop d. “Crop year" means the period within service office within the designated time year. .Thereafter, the contract will continue in which; the crops to be ptented are normally unless otherwise provided by the notice > force for each succeeding crop year unless planted and will be designated by the requirement. Notices required to be given canceled or terminated as provided in this calendar year in which the crops are immediately may be by telephone or in section. . jig .... ¿feawfan ".... • normally planted. person and confirmed in writing. Time of the 45906 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations

notice will be determined by the time of our comment, notwithstanding the The. Catalog of Federal Domestic receipt of the written notice. exemptions in 5 U.S.C. 553 with respect Assistance numbers and titles for this Done in Washington, D.C., on September to such rules. This action, however, is regulation are: 27,1985. not published as a Proposed Rule Merritt W. Sprague, because the statute requires FmHA to No. Program title Manager, Federal Crop Insurance comply with Department of Treasury Corporation, regulations which require FmHA to take 10.404 Emergency Loans. [FR Doc. 85-26391 Filed 11-4-85; 8:45 am] 10.405 Farm Labor Housing Loans and Grants. action by December 1,1985 to pomply 10.406 Farm Operating Loans. BILUNG CODE 3410-08-M with section 3720A. Section 3720A also 10.407 Farm Ownership Loans. 10.410 Low Income Housing Loans (Section 502 Rural requires FmHA to give borrowers 60 Housing Loans). days notice of the Agency’s intention to 10.411 Rural Housing Site Loans (Section 523 and 524 Farmers Home Administration use the provisions of section 3720A. Site Loans). 10.414 Resource Conservation and Development Loans. 7 CFR Part 1900 FmHA does not have time to publish 10.415 Rural Rental Housing Loans. this change as a Proposed Rule, give its 10.416 Soil and Water Loans (SW Loans). 10.417 Very Low-Income Housing Repair Loans and Implementation of Internal Revenue borrowers 60 days notice of the Grants (Section 504 Rural Housing Loans and Agency’s intent to use section 3720A, Grants). Service Offset for Delinquent Housing 10.418 Water and Waste Disposal Systems tor Rural Com­ Borrowers meet the Department of Treasury’s munities. December 1 deadline and inform its 10.419 Watershed Protection and Flood Prevention Loans. a g e n c y : Farmers Home Administration, 10.420 Rural Self-Help Housing Technical Assistance more than 2000 field offices of the (Section 523 Technical Assistance). USDA. actions they*are required to take to 10.421 Indian Tribes and Tribal Corporation Loans. a c t io n : Interim rule. comply with the statute’s provisions and 10.422 Business and Industrial Loans. 10.423 Community Facilities Loans. the Department of Treasury’s 10.427 Rural Rental Assistance Payments (Rental Assist­ SUMMARY: The Farmers Home regulations. FmHA finds it necessary to ance). Administration (FmHA) amends its 10.428 Economic Emergency Loans. publish this rule on an emergency basis. regulations to add Internal Revenue Service (1RS) offset to decisions that The Secretary of Agriculture has Therefore, Part 1900, Chapter XVIII, may not be appealed. FmHA is determined that this, rule is not a major Title 7, Code of Federal Regulations is implementing 1RS offset to reduce rule as defined in Executive Order 12291 amended as follows: delinquent amounts owed FmHA. In and that a regulatory impact analysis therefore is not required. Although this addition, taking this action may PART 1900—GENERAL encourage delinquent debtors to bring document solicits public comment, the their accounts current. Department of Agriculture has 1. The authority citation for Part 1900 DATES: Comments are invited until concluded that the regulations are is revised tQ read as follows: interpretive and that the notice and January 6,1986. This rule is effective Authority: 7 U.S.C. 1989, 42 U.S.C. 1480,5 November 5,1985, but is subject to public procedure requirements of 5 U.S.C. 301, 7 CFR 2.23, and 7 CFR 2.70. revision following the comment period. U.S.C. 553 do not apply. Accordingly, this rule is not subject to the Regulatory ADDRESS: Send comments, in duplicate, Subpart B—Farmers Home to: Directives Management Branch, Flexibility Act (5 U.S.C. Chapter 6). Administration Appeal Procedure Farmers Home Administration, U.S. It is found, upon good cause, that Department of Agriculture, Room 6348, notice and other public procedures with 2. Section 1900.51 is amended by South Building, 14th and Independence respect to this interim action are adding paragraph (h) to read as follows: impracticable, and good cause is found SW., Washington, DC 20250. All written § 1900.51 General. comments will be available for review for making this action effective * * * * * during normal working hours at the immediately. (h) Tax refund offset based on section above address. This document has been reviewed in 2653 of the Deficit Reduction Act of 1984 FOR FURTHER INFORMATION CONTACT: accordance with 7 CFR Part 1940, (Pub, L. 98-369). Bob Nelson, Management Analyst, Subpart G, "Environmental Program.” * * * * * Farmers Home Administration, Room FmHA has determined that this action 6434, South Building, U.S. Department of does not constitute a major Federal 3. Section 1900.53 is amended by Agriculture, Washington, DC 20250. action significantly affecting the quality revising the introductory text of Phone (202) 475-4705. of the human environment and in paragraph (a) and adding paragraph (a)(16), to read as follows: SUPPLEMENTARY INFORMATION: FmHA is accordance with the National implementing 1RS offset based on 1RS Environmental Policy Act of 1969, Pub. § 1900.53 Decisions which are not regulations and 31 U.S.C. 3720A. This L. 91-190, an Environmental Impact appealable. statute allows the Internal Revenue Statement is not required. (a) FmHA decisions based on Service to reduce a taxpayer’s The FmHA programs and projects statutory requirements or on objective overpayment of tax by the amount of which are affected by this regulation are standards that are included in published any legally enforceable debt which is subject to intergovemment consultation regulations may not be appealed. owed to a federal agency and which is in the manner delineated in FmHA Exhibit C will be used without revision at least three months overdue. Instruction 1940-J, "Intergovernmental to notify applicants or organizations of a Implementing 1RS offset requires that Review of Farmers Home denial of assistance based on this type FmHA appeal procedures address 1RS Administration Programs and of action. Exhibit C will not be provided offset. FmHA is implementing this Activities,” available in any FmHA to borrowers who are notified that provision immediately via publication of office. FmHA plans to offset their Internal this interim rule. It is the policy of this List of Subjects in 7 CFR Part 1900 Revenue Service (IRS) refund. The letter Department that rules relating to publi.c will state that if there is objection as to property, loans, grants, benefits, of Appeals, Credit, Loan Programs— whether the action is appealable, the contracts shall be published for Housing and Community Development. individual or organization may write to Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations 45907 the State Director requesting review of whichever comes first, (b) an authorized 2. On page 42412, column two, seventh the determination. Examples of types of transportation arrangement under Order full paragraph, the words “notice of an action which are not appealable include Nos. 60 (interstate pipelines on behalf of intent” in the second sentence are but are not limited to the following: other interstates) and 63 (LDCs or corrected to read “notice on or after # ★ * * * Hinshaw pipelines on behalf of February 1,1988, of an intent”; and the (16) A decision made by the County interstates) may continue subject to the words "on February 1,1986” in the Supervisor to use IRS offset authorities. ’^grandfather” provisions of Subparts B second sentence are removed; and the and C of Part 284, as amended, words “before September 1,1986” in the Dated: October 28,1985. respectively; and (c) an NGPA section third sentence are corrected to read Vance L. Clark, 311 transportation arrangement “until 150 days thereafter”. 3. On page 42422, column three, sixth Administrator, Farm ers Home authorized and for which service had Administration. commenced on or prior to October 9, full paragraph, the words “the whatever” in the second sentence are [FR Doc. 85-26328 Filed 11-4-85; 8:45 am] 1985, by Commission order under corrected to read “whatever”. BILUNG CODE 3410-07-M § 284.107 or 284.127 of the Commission’s regulations as in effect prior to 4. On page 42424, column two, in the November 1,1985, may continue subject sixth sentence of the first full paragraph, DEPARTMENT OF ENERGY to the same ‘‘grandfather’’ provisions as the words "234-B market certificate NGPA section 311 self-implementing programs” are corrected to read “234-B Federal Energy Regulatory transportation arrangements. blanket certificate programs”. Commission 3. Reflect the Commission’s intent to 5. On page 42426, in lines two and permit a blanket certificate three at the top of column two, the 18 CFR Parts 2 ,1 5 7 ,2 5 0 ,2 8 4 , and 375 transportation arrangement authorized words "their original term or October 31, [Docket No. R M 8 5 -1 -0 0 0 ] and for which service had commenced 1987” are corrected to read “their on or before October 9,1985, under original or extended term or October 9, Regulation o f Natural Gas Pipeline existing § 157.209(a) of the 1987”. After Partial Wellhead Decontrol Commission’s regulations (Order No. 6. On page 42453, column two, in the 319) to continue for the time remaining second sentence of the first full Issued October 24,1985. in its authorized term after November 1, paragraph, the word “such” is corrected a g en c y: Federal Energy Regulatory 1985. to read “so”, Commission, DOE. 4. Reflect the Commission's intent to 7. On page 42460, column two, the a c t io n : Final Rule; Technical permit a transportation arrangement heading “6. Reporting Requirements. ” is Corrections. authorized on a self-implementing basis corrected to read "12. Reporting for 120 days pursuant to existing Requirements.’’. s u m m a r y : This document corrects § 157.209(e)(1) of the Commission’s 8. On page 42470, column two, the typographical errors contained in the regulations (Order No. 234-B) to words “or sales” are removed from the final regulations issued in Order No. 436 continue only for the time remaining in first sentence of the third full paragraph; on October 9,1985, that begins on page its 120-day term past October 31,1985. and “§ 157.14(a) (10) and (11)” in the 42408 in the Federal Register of Friday, 5. The preamble of Order No. 436 to fourth sentence of the fourth full October 18,1985 (50 FR 42,408). This reflect the Commission’s intent that on ly paragraph is corrected to read document also makes technical optional transportation certificates, n ot “§§ 157.14(a) (10), (11) and (18)”. corrections to certain aspects of the rule, optional sales certificates, will be 9. On page 42474, the heading “6. as issued. subject to ther prerequisite that the Hearing Procedures." in column one, is date: The technical corrections were applicant has filed for and will accept a corrected to read “7. H earing issued October 24,1985. new blanket transportation certificate Procedures. and the heading “1. The for f u r t h e r information c o n t a c t : under new § 284.221 of Part 284 of the factors involved." in column two, is Christopher J. Warner, Associate Commission’s regulations. corrected to read “b. The factors General Counsel, Office of the General Accordingly, the following corrections involved.,\ Counsel, Federal Energy Regulatory are made in FR Doc. 85-24943 appearing 10. On page 42475, column one, second Commission, 825 North Capitol Street, on page 42408 in the issue of October 18, full paragraph, the word "proved” in the NE., Washington, DC 20426, (202) 357- 1985: first sentence is corrected to read 8440. 1. On page 42412, at the top of column "proven”. SUPPLEMENTARY INFORMATION: one, in the first sentence of the first 11. On page 42478, column two, in the Specifically, the notice makes technical paragraph, the words “prior to first sentence of the second full corrections to: November 1,1985” are corrected to read paragraph, footnote "18" is corrected to 1. Reflect the Commission’s intent “on or before October 9,1985”; the read “18" and footnote “17” is corrected that, unless a pipeline agrees otherwise, words “original term of the to read “19”. no notice period associated with a transportation agreement” are corrected 12. On page 42487, column one, “32 reduction or conversion of firm sales to read “original or extended term of the' FERC f (1985)" in footnote 5 is corrected entitlements may begin sooner than authorized transportation arrangement”; to read “32 FERC f 61,285 (1985)”. February 1,1988. the date "October 31,1987” is corrected 13. On page 42487, at the bottom of 2. Reflect the Commission’s intent that to read “October 9,1987”; the words column one, footnote 15 is corrected by (a) an NGPA section 311 self- “does not affect” in the first sentence of adding die words “of violation.” Id.)" at implementing transportation the second full paragraph is corrected to the end of the footnote, arrangement authorized and for which read “also grandfathers”; and the words 14. On page 42487, at the top of service had commenced on or before "prior to November 1,” in the first column two, footnote 16 in the first October 9,1985, may continue until the sentence of the third full paragraph is partial paragraph is corrected by expiration of its authorized original or corrected to read “on or before October removing the words "of violation.” extended term or until October 9,1987, 9,". Id. ” at the end of the footnote. 45908 Federal Register / Vol. 50, No, 214 / Tuesday, November 5, 1985 / Rules and Regulations

§ 157.102 [Corrected]. and the date “October 31,1987” in open access transporter after December 15. On page 42488, column two, in § 284.125(a)(2) is corrected to read 15.1985. § 157.102(b) (1) (iii)\ the words, "except “October 9,1987”. FOR FURTHER INFORMATION CONTACT: for the information required by Thomas F. Gross, Certificate Division, §284.223 [Corrected]. § 157.14(a) (10), (11)! and (18);’’ are Office of the General Counsel, Federal corrected to read “except for the 21. On page 42498, column two in Energy Regulatory Commission, 825 information required! by § § 157:14(a) § 284.223(g)(1) the words “prior to North Capitol Streets NE., Washington, (10), (11) and (18), unless the application November !, 1985,” in the first sentence DC 20426, (202) 357-8569. is filed under § 157.7;". are corrected to read “on or before SUPPLEMENTARY INFORMATION: October 9,1985,”, the words “for the full § 284.10 [Corrected]. Before Commissioners: Raymond J. term of the underlying agreement i f ’ in O’Connor, Chairman; A. G, Sousa and; 16. On page 42494, column two, in § 284.223(g)(2) are corrected to Charles G. Stalon. § 284.10(c)(2)' the words “written notice, read “for its full term i f ’, and the word On October 9,1085, the Commission not later than” are corrected to read “subparf ’ in § 284.223(g)(4) is corrected issued its final rule in Docket No* RM85- “written notice, not earlier than to r6ad “section”. l . 1 § 284.223(g) of that rule provides for a February 1,1986 and not later than”; and brief transitional arrangement for on­ PART 375—(CORRECTED) the words “period beginning, February 1,. going transportation under the Order 1986,” in § 284.10(e)(;3)J(i)> are corrected 23*. On page 42499, column two, the No. 234-B program which otherwise to read “period following the requisite must halt as of October 31,1985 * That notice,!’. word "'Advisory:” in the authority for Part 375 is corrected to read section provides that the transportation 17. On page 42494, column three in may continue beyond November 1,1985, §284.10(d)(2) the words “written notice, “Authority:”. Kenneth F. Plumb,. provided several conditions are not later than” are corrected to read satisfied. The most important condition S ecretary . “written notice, not earlier than is that the transporting pipeline file prior February 1,1986 and not later than“, and [FR Doc. 85-25867 Filed 11-4-85; 8:45 am] to November 1,1985, a statement that it the words “period beginning February 1, BILLING CODE 67t7-0t-M will, effective November 1,1985, comply 1986,” in § 284.10(d)(3)(i) are corrected with the nondiscriminalory access to read “period following the requisite condition set forth in- § $ 284.8(b), f 8 CFR Part 284 notice,”. 284.9(b), and with the rate conditions in 18- On page 42495, column one,, in § 284.7.3 [Docket No. RM85-1-Q0Q] § 284.10(f)(1) the words- “customer On October 24,1985, Northwest exercises.” are corrected to read Pipeline Corporation filed a request for “customer gives notice of an intent to Regulation of Natural Gas Pipelines After Partiar Wellhead Decontrol immediate clarification of the exercise", and the words “Exercise by a “statement of notification” required customer of an option” in §; 284.10(f)(2) Issued October 29,1985- pursuant to f284.223(g);. Specifically, are corrected to read "Notice of an a g e n c y ; Federal Energy Regulatory Northwest seeks clarification of intent by a customer to exercise an Commission, DOE. whether,, by Ming a transition option”. “statement of notification” pursuant to ACTION: Oldter Granting Clarification- §284.105 [Corrected]. that section, an interstate pipeline commits itself to becoming" an open 19. On page 42495, column two in s u m m a r y : The Federal Energy transporter o f natural gas after the § 284.105(a) the wards “under this Regulatory Commission is clarifying its regulations governing transportation transition period ends. Section subpart before November T.1985," in the 284.223(g)(3)’ provides that authorization first sentence are corrected to read “and under the transitional regulation in § 284.223(g). That section provides for a for transitional transportation under commenced on or before October 9, § 284.223(g)(2) will cease on December 1985, under this subpart or under brief transitional arrangement for on­ going transportation under the Order 15.1985, if the transporting pipeline has § 284.221 of Subpart G as such subparts not filed for an open access blanket were effective before November 1, No. 234-B program which otherwise must halt as of October 31,1985. That certificate before that date-However, 1985,"'; the words “transportation .Northwest states that the regulations are agreement” in § 284.105(a)(1) are section provides that such transportation may continue from silent as to what, if any, continuing corrected to read “authorized effect the previously filed "statement of transportation arrangement”; and the November %. 1985 until December 15, 1985, provided, among other things, the notification" may have on date “October 31,1987” in transportation by the filing pipeline after pipeline files a “statement of § 284.105(a)(2) is corrected to rehd December 15,1985. Northwest states “October 9; 1987“. notification’’ that it intends to comply with the non-discriminatory access that the preamble to the rule 4 appears § 284.125 [Corrected]. provisions in § § 284.8(b) and 284.9(b). 20- On page 42496, column one in 1 Final Rule and Notice Requesting Supplemental Authorization to continue transporting Comments, Docket No. RM85-1-000,50 FR 42372 § 284.125(a) the words “Under this beyond December 15,1985 terminates (October18.1985). subpart before November 1,1985,” are unless the pipeline files for a non- * 18 CFR 157.209{e}: See Maryland Peoples corrected to read “and commenced on discriminatory, open access blanket Counsel v. FERC, No. 84-1090 (D.C. Clr June 28, or before October 9,1985, under this certificate by that date. This order 1985). * 50 FR 42459.Mimeo at pages,IV -A. 177-17*8. The sub part or § 284:222 of Subpart G as clarifies that if a pipeline files a remaining provisions aUbw for the continuous such subparts were effective before “statement of notification” by November authorization so long as the notice and protect November 1,1985,”; the words “original 1,1985 but elects not to file for an open procedure has been folibwed, or where the term of any transportation agreement” access blanket certificate application by transaction is within the 120 day automatic authorization period that has not expired. in § 284i25(a)(l) are corrected to read December 15,1985, that the statement of 4 Northwest cites the following language ffom the “original or extended term of any notification will not be deemed an preamble o f Order No. 438: 'Thus, even where a authorized transportation arrangement"; election by the pipeline to become an* Continued Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations 45909 to indicate that the filing of a “statement By the Commission. applied drugs and in cosmetics of notification” will not itself be deemed Kenneth F. Plumb, generally, the agency concluded that an election by the pipeline to become an S ecretary , FD&C Yellow No. 5 was safe for these open access transporter subsequent to [FR Doc. 85-28322 Filed 11-4-85; 8:45 am] uses. Therefore, FDA issued a final rule the end of the transition. However, since BILLING CODE 6717-01-M in the Federal Register of September 4, the regulations are silent on this point, 1985 (50 FR 35774), that would Northwest reqests clarification.5 permanently list FD&C Yellow No. 5 for those uses and would remove the stay We agree with Northwest’s DEPARTMENT OF HEALTH AND on the use of FD&C Yellow No. 5 in interpretation. The transitional rule in HUMAN SERVICES external cosmetics. FDA stated that the i 284.223(g) of our regulations was Food and Drug Administration final rule would become effective on intended to prevent service interruption October 7,1985, unless stayed by the to end-users who are receiving gas 21 CFR Parts 74,81, and 82 filing of proper objections. under the transportation program FDA received three letters stating implemented by § 157.209(e). Pursuant to [Docket Nos. 84N-0319 and 76N-0366] objections to this final rule. Because of the Court of Appeals’ decision in FD&C Yellow No. 5 and Its Lakes; Stay the objections, under section 701(e)(2) of Maryland People’s Counsel, supra, of Effectiveness, Postponement of the Federal Food, Drug, and Cosmetic authorization for such transportation Closing Date, and Provisional Listing Act (21 U.S.C. 371(e)(2)), the effect of must terminate on November 1,1985. To this final rule is stayed until the agency prevent service interruption to end-users AGENCY: Food and Drug Administration. can rule upon the objections. FDA relying on that transportation, however, a c t io n : Final rule; stay of effective date. expects that it will need only a brief pipelines may continue transportation to time to complete its evaluation of the s u m m a r y : The Food and Drug those end-users provided they file a objections. Therefore, FDA concludes Administration (FDA) is postponing the statement of notification that they will that only a brief postponement is closing date for the provisional listing of comply with the open access provisions necessary at this time. The regulation FD&C Yellow No. 5 for use in coloring in §§ 284.8(b) and 284.9(b) and, as set forth below will postone the cosmetics generally and externally appropriate, the rate provisions of November 5,1985, closing date for applied drugs and of its lakes for use in provisional listing of FD&C Yellow No. 5 § 284.7. Such authorization terminates coloring food and ingested drugs. FDA is until January 6,1986. on December 15,1985 unless the pipeline establishing a new closing date for has actually filed an application for a FD&C Yellow No. 5 to give the agency Because the current closing date blanket certificate. time to complete its evaluation of the expires on November 5,1985, FDA has If an application has not been filed, objections that it received in response to concluded that the use of notice and the transportation authorization ceases the final rule on the use of FD&C Yellow public procedure on this regulation is on December 15,1985. During that 45 No. 5 that FDA published in the Federal impracticable. Thus, good cause exists day temporary authorization period, the Register of September 4,1985 (50 FR for issuing the postponement as a-final regulations require that the pipeline 35774). The regulations that permanently rule. Moreover, this action is consistent comply with the nondiscriminatory list FD&C Yellow No. 5 and that remove with the protection of the public health access provision set forth in §§ 284.8(b) it from the provisional list are stayed because the agency has previously concluded that FD&C Yellow No. 5 is and 284.9(b) and the rate provisions of until January 6,1986. safe for its intended use under the Color § 284.7. However, if the pipeline elects DATES: Effective November 5,1985; the Additive Amendments of 1960. This not to file the blanket certificate new closing date for FD&C Yellow No. 5 regulation will permit the uninterrupted application by December 15,1985, it will be January 6,1986. The effective use of the color additive until January 6, would no longer be subject to the non­ date of the final rule published 1986. To prevent and interruption in the discriminatory access provision. Since September 4,1985 is stayed pending provisional listing of FD&C Yellow No. 5 transportation under the transitional final FDA action on the objections that and in accordance with 5 U.S.C. section would have terminated, and the it received. 553(d)(1) and (3), this regulation is being pipeline would not be transporting FOR FURTHER INFORMATION CONTACT: made effective on November 5,1985. under a new blanket certificate, the Julius Smith, Center for Food Safety and Any person who wishes to comment on pipeline would no longer be subject to Applied Nutrition (HFF-334), Food and the regulation may do so in accordance the non-discriminatory access Drug Administration, 200 C S t SW., with 21 CFR 10.40(e)(1). condition.6 Washington, DC 20204,202-472-5690. list of Subjects SUPPLEMENTARY INFORMATION: FDA pipeline does not ultimately elect to continue to established the current closing date of 21 CFR Part 74 provide service under the non-discriminatory access November 5,1985, for the provisional conditimi of the new rules, existing blanket listing of FD&C Yellow No. 5 in a Color additives, Cosmetics, Drugs, certificates and section 311 authorizations will regulation published in the Federal Medical devices. sllow transportation to continue during the Register of September 4,1985 (50 FR transition period.” (footnote omitted). Northwest 21 CFR P art 81 35789). The agency established the Pipeline Corporation Request for Immediate Color additives, Color additives Clarification, at page 3, citing 50 FR 42426 (1985). November 5,1985, closing date for FD&C provisional list, Cosmetics, Drugs. ’On October 29,1985, Washington Water Power Yellow No. 5 to provide time for receipt Company filed an answer supporting Northwest's and evaluation of any objections to the 21 CFR P art 82 raquest final rule on the use of this color 'In the event that the pipeline were to file an additive that FDA published on Color additives lakes, Color additives Application at some later date for a new blanket September 4,1985. provisional list Cosmetics, Drugs. certificate under $ 284.221, the pipeline would then become subject to all the conditions of the blanket After the review and evaluation of the Therefore, under the Federal Food, certificate program when it accepted that new data relevant to the petition to list FD&C Drug, and Cosmetic Act and under certificate. _ . . Yellow No. 5 for use in externally authority delegated to the Commissioner 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations

of Food and Drugs, Parts, 74, 81, and 82 21 CFR Part 558 Therefore, under the Federal Food, are amended as follows: Drug, and Cosmetic Apt and under New Animal Drugs for Use in Animal authority delegated to the Commissioner PART 74—LISTING OF COLOR Feeds; Saiinomycin and Roxarsone of Food and Drugs and redelegated to ADDITIVES SUBJECT TO the Center for Veterinary Medicine, Pari CERTIFICATION AGENCY: Food and Drug Administration. 558 is amended as follows: 1. The authority citation for 21 CFR ACTION: Final rule. Part 74 continues to read as follows: PART 558—NEW ANIMAL DRUGS FOR SUMMARY: The Food and Drug USE IN ANIMAL FEEDS Authority:. Secs> 701, 706, 52 Slat. 1055- Administration (FDA) is amending the 1056 as amended, 74 Stat.. 399-407 as 1. The authority citation for 21 CFR animal drug regulations to reflect amended (21 U.S.C. 371, 376); 21 CFR 5.10. Part 558 continues to read as follows: approval of a supplement to a new §74.1705 [Stayed] animal drug application (NADA) filed Authority: Sec. 512, 82 Stat. 343-351 (21 2. Part 74 is amended by staying the by A. H. Robins Co., providing for use of U.S.C. 360b); 21 CFR 5.10 and 5.83. modifications of § 74.1705 FD&C Yellow a combination of previously approved 2. In § 558.550 by adding new N o, 5 included in the September 4,1985* premixes containing saiinomycin and paragraph (c)(l)(v) to read as follows: filial rule. roxarsone for making finished feed for § 558.550 Saiinomycin. broiler chickens. The feed is for use as * * * *. §74.2705 [Stayedl an aid in the, prevention of coccidiosis (c) * * * 3. By staying § 74.2705FD&C Yellow and for .improved feed efficiency. N o. 5: (1) * * * EFFECTIVE DATE: November 5,1985. (v)(o) Amount per ton. Saiinomycin 40 PART 81—GENERAL SPECIFICATIONS FOR FURTHER INFORMATION CONTACT: to 60 grams per ton with roxarsone 22.7 AND GENERAL RESTRICTIONS FOR Lonnie W. Luther, Center for Veterinary to 45.4 grams per ton. PROVISIONAL COLOR ADDITIVES Medicine (HFV-128), Food and Drug [b\ In d ic a tio n s f o r u se. For the FOR USE IN FOODS, DRUGS, AND Administration, 5600 Fishers Lane; prevention of coccidiosis caused by COSMETICS Rockville, MD 20857, 301-443-4317. Eimera tenella, E. necatrix, E. 4. The authority citation for 21 CFR SUPPLEMENTARY INFORMATION: A.H. acervulina, E. brunetti, E. mivati, and.fi Part 81 continues to read as follows: Robins Co., 1405 Cummings Dr., P.O. m a x im a and for improved feed efficiency. Authority: Secs. 701, 706, 52 Stat. 1055-1056 Box 26609, Richmond, VA 23261, filed a supplement to NADA 132-447 providing (c j Limitations. Feed continuously as as amended; 74 Stat. 399-407 as amended (21 sole ration. Use as sole source of organic U.S.C. 371, 376); Title II, Pub. L. 86-618: sec. for use of saiinomycin at 40 to 60 grams 203, 74 Stat. 404-407 (21 U.S.C1376, note); 21 per ton in combination with roxarsone arsenic. Not approved for use with pellet CFR 5.10. at 22.7 to 45.4 grams per ton to make binders. Do not feed to layers. May be finished feeds for broiler chickens. The fatal if accidently fed to adult turkeys or § 81.1 [Amended] feeds are used for prevention of to horses. Withdraw 5 days before 5. Part 81 is amended in § 81.1 coccidiosis caused by Eimeria tenella, slaughter. Roxarsone as provided by No. Provisional list o f color additives in E necatrix, E. acervulina, E. brunetti,, E. 017210 in § 510.600(c) of this chapter. * * * * * paragraph (a) by reinstating the entry mivati, E. maxima, and for improved “FD&C Yellow No. 5” and by revising feed efficiency. The supplemental Dated: October 30,1985. the closing date to read “January 6, NADA is approved and the regulations Marvin A. Norcroaa, 1988.” are amended accordingly. The basis for Acting A ssociate Director for Scientific §81.27 [Amended] approval is discussed in the freedom of Evaluation. informaton summary. 6. In § 81.27 Conditions o f provisional [FR Doc. 85-26258 Filed 10-4-85; 8:45 am] lis tin g in paragraph (d) by reinstating In accordance with the freedom of BILLING CODE 4150-01-M the entry “FD&C Yellow No. 5” and by information provisions of Part 20 (21 revising the closing date to read CFR Part 20) and § 514.11(e) (2) (ii) (21 “January 6,1986." CFR 514.11(e)(2)(ii)), a summary of DEPARTMENT OF HOUSING AND safety and effectiveness data and URBAN DEVELOPMENT PART 82—LISTING OF CERTIFIED information submitted to support PROVISIONALLY LISTED COLORS approval of this application may be seen Office of the Secretary AND SPECIFICATIONS in the Dockets Management Branch (HFA-305), Food and Drug 24 CFR Part 20 7. The authority citation for 21 CFR Administration, Rm. 4-62, 5600 Fishers Part 82 continues to read as follows: Lane, Rockville, MD 20857, from 9 a.m. [Docket No. R -85-1240; FR-1349] Authority: Secs. 701, 706, 52 Stat. 1055-1056 to 4 p.m., Monday through Friday. Rules of the Board of Contract as amended, 74 Stat. 399-407 as amended (21 The agency has determined under 21 Appeals U.S.C. 371, 376); 21 CFR 5.10. CFR 25.24(d)(l](if) (April 26,1985; 50 FR §82.705 [Stayed] 16636) that this action is of a type that AGENCY: Office of the Secretary, HUD. 8. Part 82 is amended by staying does not individually or cumulatively ACTION: Final rule. § 82.705FD&C Yellow No. 5. have a significant effect on the human environment. Therefore, neither an SUMMARY: This final rule revises the Dated: October 22,1985. environmental assessment nor an procedures of the Department of Joseph P.Hile, environmental impact statement is Housing and Urban Development Board Associate Cdmmissionerfbr Regulatory required. of Contract Appeals. The revision is A ffairs. List of Subjects in 21 CFR Part 558 required by the Contract Disputes Act of [FR Doc. 85-26310 Filled 11-4-85; 8:45 am] 1978 (41 U.S.C. 601-613). This final rule BILUNG COPE 4180-01-M Animal drugs. Animal feeds. adopts in substantial part, the Uniform Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations 45911

Rules of Procedure for Boards of cause a major increase in costs of prices Rule Contract Appeals issued by the Office of for consumers, individual industries, 9. Prehearing Briefs. Federal Procurement Policy. Federal, State, or local government 10. Prehearing of Presubmission Conference. 11. Submission Without a Hearing. EFFECTIVE DATE; agencies, or geographic regions; or (3) Upon expiration of the 12. Optional Small Claims (Expedited) and first period of 30 calendar days of have a significant adverse effect on Accelerated Procedures. (These continuous session of Congress after competition, employment, investment, procedures are available solely at the publication, but not before further notice productivity, innovation, or on the election of the appellant.) of the effective date is published in the ability of United States-based 12.1 Elections to Utilize Small Claims Federal Register. enterprises to compete with foreign- (Expedited) and Accelerated Procedure. FOR FURTHER INFORMATION CONTACT: based enterprises in domestic or export 12.2 The Small Claims (Expedited) David T. Anderson, Chairman, Board of markets. Procedure. Under the Regulatory Flexibility Act 12.3 The Accelerated Procedure. Contract Appeals, Room 2158, 12.4 Motions for Reconsideration in Rule 12 Department of Housing and Urban (5 U.S.C. 601), the Undersigned hereby Cases. Development, 451 Seventh Street, S.W., certifies that this rule does not have a 13. Settling the Record. Washington, D.G. 20419, telephone (202) significant economic impact on a 14. Discovery—Depositions. 755-0132. (This is not a toll-free substantial number of small entities. The 15. Interrogatories to Parties, Admission of number). rule is procedural in nature and should Facts, and Production and Inspection of SUPPLEMENTARY INFORMATION: This impose few economic burdens of parties Documents. final rule revises the procedures of the to actions before HUDBCA. 18. Filing and Service of Papers Other Than Subpoenas. Department of Housing and Urban This rule was listed as item 752 on the Development Board of Contract Department’s Semiannual Agenda of Hearings Appeals. This revision is required by the Regulations published October 29,1985 17. Where and When Held. Contract Disputes Act of 1978 (41 U.S.C. (50 FR 44166 at 44174), under Executive 18. Notice of Hearings. 601-613). The final rule adopts, in Order 12291 and the Regulatory 19. Unexcused Absence of a Party. substantial part, the Uniform Rules of Flexibility Act. 20. Hearings: Conduct; Examinations of Procedure for Boards of Contract The Catalog of Federal Domestic Witnesses. Appeals issued by the Office of Federal Assistance includes no program 21. Subpoenas. Procurement Policy. covering this Part. 22. Copies of Papers. 23. Posthearing Briefs. On June 14,1985 (50 FR 24908) the List of Subjects in 24 CFR Part 20 24. Transcript of Proceedings. Department published an interim rule 25. Withdrawal of Exhibits. seeking public comments on the rules of Administrative practice and procedure. HUD received no public procedure, Government contracts, Representation comments to the interim rule. This final Organization and functions 26. Appellant. rule substantially incorporates the (Government agencies), Government 27. Government. interim rule. A few minor changes, procurement. Decisions however, have been made to reflect the 28. Decisions. Board’s experience with the interim rule. PART 20—BOARD OF CONTRACT For example, § 20.3(b) has been revised APPEALS Motion for Reconsideration to reflect the Boards current practice of Accordingly, Part 20 of Title 24 CFR is 29. Motion for Reconsideration. assigning one member of the panel of amended as follows; Dismissals and Defaults Administrative Judges to preside over 1. The table of contents for Part 20 is the appeal. Additionally, the content 30. Dismissal Without Prejudice. amended by revising Subpart A and B 31. Dismissal or Default for Failure to requirements for an application for an as follows: Prosecute or Defend. order for the taking of depositions under Rule 14(b) have been reduced. Other Subpart A—Development of Housing and Remand minor changes have been made to Urban Development Board o f Contract 32. Remand from Court. A pp ea ls improve the organization of the rule, to Sanctions clarify terminology, to eliminate Sec. redundancies and for other editorial 20.1 Scope of part. 33. Sanctions. reasons.' 20.2 Establishment of Board Miscellaneous Procedures 20.3 Organization and location of the Board. A Finding of No Significant Impact 34. Applicability. 20.4 Jurisdiction of the Board. with respect to the environment has 65. Time, Computation and Extensions. 20.5. Board powers. been made in accordance with HUD 36. Ex Parte Communications. regulations in 24 CFR Part 50, which Subpart B—Rules of the Department of ★ * h it * implement Section 102(2)(C) o f the Housing and Urban Development Board of Authority: The Contract Disputes Act of National Environmental Policy Act o f Contract Appeals 1978, (41 U.S.C. 601-613.);. Section 7(d) of the 1969,42 U.S.C. 4332. The Finding of No 20.10 Rules. Department of Housing and Urban Development Act, (42 U.S.C. 3535(d)). Significant Impact is available for public Preliminary Procedures inspection during regular business hours 2. Subpart A of Part 20 is revised to in the Office of the Rules Docket Clerk, Rale read as follows:. Room 10276, at the address listed above. 1. Appeals, How Taken. This rule does not constitute a “major 2. Notice of Appeal, Contents of. Subpart A—Department of Housing 3. Docketing of Appeals. fule,” as that term is defined in section and Urban Development Board of 4. Preparation, Content, Organization; l{b] of Executive Order 12291 issued by Contract Appeals the President of February 17,1981. Forwarding, and Status of Appeal File. 5. Dismissal for Lack of jurisdiction § 20.1 S cope o f p a r t Analysis of the final rule indicates that 6. Pleadings. it does not (1) have an annual effect on 7. Amendments of Pleadings or Record. This part establishes a Board of the economy of $100 million or more; (2) 8. Hearing Election and Motions. Contract Appeals, sets forth its function. 45912 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations policies and procedures regarding § 20.5 Board powers. Rule 2. Notice o f Appeal, Contents o f matters to be considered by the Board, (a) Board powers. The Board shall A notice of appeal shall indicate that an and prescribes the rules of the Board. employ support personnel, as needed, appeal is being taken and shall identify the and shall have all powers necessary and contract (by number), the department and § 20.2 Establishment of Board. incident to the proper performance of agency involved in the dispute, the final is There is established in the Office of the duties assigned to it. written decision from which the appeal taken, and the amount in dispute, if known. the Secretary, the Housing and Urban (b) Disqualification. No The notice of appeal shall be signed by the Development Board of Contract Appeals Administrative Judge may act for the appellant (the contractor making the appeal), ("the Board"). Board or participate in a decision if, or by the appellant’s duly authorized prior to the time the appeal was filed, he representative or attorney. The complaint § 20.3 Organization and location of the or she had participated in the matter in referred to in Rule 6 may be filed with the Board. any manner on behalf of an interested notice of appeal, or the appellant may (a) L o ca tio n . The Board’s address is party. designate the notice of appeal as a complaint, U.S. Department of Housing and Urban 3. Subpart B of Part 20 is revised to if it otherwise fulfills the requirements of a Development, Board of Contract read as follows: complaint. A notice of appeal from a final Appeals, Room 2158, 451 Seventh Street, written decision of a contracting officer Subpart B—-Rules of the Department involving a claim in excess of $50,000 shall SW., Washington, D.C. 20410-5000. The state that certification has been made as telephone number is (202) 755-0132. of Housing and Urban Development Board of Contract Appeals required under Section 6(c)(1) of the Contract (This is not a toll-free number.) Disputes Act of 1978 [41 U.S.C. 606(c)(1)). (b) Organization. The Board shall be §20.10 Rules. Rule 3. Docketing o f Appeals comprised of a Chief Administrative These rules govern the procedure in has Judge, who shall be the Chair, an When a notice of appeal in any form all matters before the Department of been received by the Board, it shall be Administrative Judge, who shall be the Housing and Urban Development Board docketed promptly. A written notice of Vice-Chair, and such other of Contract Appeals, unless otherwise docketing shall be transmitted to the Administrative Judges as may be provided by applicable law or appellant with a copy of these rules, to the appointed by the Secretary. All regulation. The Federal Rules of Civil contracting officer, and to HUD’s Office of members of the Board shall be attorneys Procedure may be applied where General Counsel. at law duly licensed by any State, procedures are not otherwise provided Rule 4. Preparation, Content, Organization, commonwealth, territory, or the District in these rules. Forwarding, and Status o f Appeal File of Columbia. All members shall be Preliminary Procedures (a) Duties o f contracting officer. Within 30 selected and appointed to serve in days of receipt of notice from the Board that accordance with Section 8(b)(1) of the R u le 1. A p p eals, H ow T aken an appeal has been docketed, the contracting Contract Disputes Act of 1978 (41 U.S.C. (a) G en eral. Notice of an appeal shall be in officer shall assemble and transmit to the 608(b)(1)). Except as otherwise provided, writing and mailed or otherwise furnished to Board (through HUD’s Office of General appeals are assigned to a panel of at the Board within 90 days from the date of Counsel) three copies of an appeal file receipt of a final written decision of the the least three members who decide the consisting of all documents relevant to contracting officer. appeal, including: case by a majority vote. The Chair shall (b) Contracting officer’s failure to act- (1) The decision from which the appeal is assign one member of the panel to claim o f $50,000 or less. Where the contractor taken; preside over the appeal and to conduct has submitted a claim of $50,000 or less to the (2) The contract including specifications necessary conferences and hearings, contracting officer and has requested a and relevant amendments, plans, and supervise discovery and the written decision within 60 days from receipt drawings; development of the record for the Board, of the request, and the contracting officer has (3) All correspondence between the parties not issued the decision, the contractor may relevant to the appeal, including the and to make such procedural file a notice of appeal as provided in determinations as are necessary to the appellant's letter or letters of claim; paragraph (a) above, citing the failure of the (4) Transcripts of any testimony and proper disposition of the appeal. contracting officer to issue a decision. affidavits or statements of any witnesses on (c) Contracting officer’s failure to act-claim the matter in dispute made prior to the filing § 20.4 Jurisdiction of the Board. Where the contractor in excess o f $50,000. of the notice of appeal with the Board; and (a) Contract appeals. The Board shall has submitted a claim in excess of $50,000 to (5) Any additional information considered the contracting officer and the contracting consider and determine appeals from relevant to the appeal. officer has failed, within 60 days of Upon receipt of the appeals file, the Board decisions of contracting officers under submission of the claim, to issue a final shall furnish the appellant and HUD’s Office the Contract Disputes Act of 1978 (41 written decision, or to advise the contractor of General Counsel with true and exact U.S.C. 601-613) relating to contracts of a date when the final written decision will entered into by (1) the Department of be issued, the contractor may file a notice of copies of the appeal file. (b) Duties o f appellant. Within 30 days Housing and Urban Development or (2) appeal as provided in paragraph (a) above, citing the failure to issue a decision. after receipt of a copy of the appeal file any other executive agency when that assembled by the contracting officer, the agency or the Administrator for Federal (d) Unreasonable delay by contracting o ffic er. A contractor may request the Board appellant shall transmit to the Board any Procurement Policy has designated the to direct a contracting officer to issue a final documents not contained in the appeal file Board to decide the appeal. written decision within a specified period of which are relevant to the appeal, and furnish (b) Other matters. The Board or its time, as determined by the Board, in the two copies of these documents to the individual members shall have event of an unreasonable delay on the part of government trial attorney. (c) Organization o f appeal file. Documents jurisdiction over other matters assigned the contracting officer. in the appeal file may be originals, legible to it by the Secretary or designee. (e) Stay o fproceedings. Upon docketing of appeals filed under paragraph (b) or (c) facsimiles, or authenticated copies, and shall Determinations in other matters shall above, the Board may stay further be arranged in chronological order where have the finality provided by the proceedings pending issuance of a final practicable, numbered sequentially, tabbed, applicable statute, regulation or decision by the contracting officer within the and indexed to identify the contents of the agreement. period of time determined by the Board. file. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations 45913

(d) Unusual docu m en ts. Upon request by behalf of the Government, and the appellant and its determination of whether the either party, the Board may waive the shall be so notified. arguments and authorities addressed to the requirement to furnish to the other party issues are adequately set forth in the Rule 7. Amendments o f Pleadings or Record copies of bulky, lengthy, or out-of-size pleadings, the Board may require the parties documents in the appeal file when inclusion The Board, upon its own initiative or upon to submit prehearing briefs. If the Board does would be burdensome. At the time a party application by a party, may order a party to not require prehearing briefs, either party files with the Board a document for which make a more definite statement of the ' may upon appropriate and sufficient notice to waiver has been granted, he or she shall complaint or answer, or to reply to an ffie other party, furnish a prehearing brief to notify the other party that the document or a answer. The Board may, within the proper copy is available for inspection at the offices scope of the appeal, permit either party to the Board. In any case where a prehearing of the Board or of the party filing the amend its pleading upon conditions fair to brief is submitted, it shall be furnished so as document both parties. When issues within the proper to be received by the Board at least 15 days (e> Status o f documents in appealfile. scope of the appeal, but not raised by the prior to the date set for hearing, and a copy Documents contained in the appeal file are, pleadings, are tried by express or implied shall simultaneously be furnished to the other without further action by the parties, part of consent of the parties, with the permission of party. the record upon which the Board will render the Board, they shall be treated in all respects its decision. However, a party may object, for as if they have been raised in the pleadings. Rule 10. Prehearing or Presubmission reasons stated, to consideration of a In such instances, motions to amend the C on feren ce particular document or documents within 30 pleadings to conform to the proof may be (a) Conference. Whether the case is to be days of receipt, unless good cause is shown entered, but are not required. If evidence is submitted under Rule 11, or heard under objected to at a hearing on the ground that it for later objection. If an objection is made, Rules 17 through 25, the Board may upon its the Board shall remove the document or is not within the issues raised by the pleadings, it may be admitted within the own initiative, or upon the application of documents from the appeal file and permit either party, arrange a telephone conference the party offering the document to move its proper scope of the appeal, provided, of call upon the parties to appear before an admission as evidence in accordance with however, that the objecting party may be Rules 13 and 20. granted a continuance if necessary to enable Administrative Judge for a conference to it to meet this evidence. consider (f) Waiver o ffiling o f documents. Notwithstanding the foregoing, the filing of Rule 8. Hearing Election and Motions (1) simplification, clarifies Von, or severing of the issues; the Rule 4 (a) and (b) documents may be (a) . After the filing of the Hearing election (2} the possibility of obtaining stipulations, dispensed with by the Board either upon Government’s answer or notice from the admissions, agreements and rulings on request of the appellant in the notice of Board that it has entered a general denial on appeal or thereafter upon stipulation of the behalf of the Government, each party shall admissibility of documents, understandings parties. >», * ... . . >, advise whether it desires a hearing as on matters already on record, or similar prescribed in Rules 17 through 25, or whether agreements that will avoid unnecessary Rule 5. Dismissal fo r Lack o fJurisdiction it elects to submit its case on the record proof; Any motion addressed to the jurisdiction of without a hearing, as prescribed in Rule 11 (3) agreements and rulings to facilitate the Board shall be promptly filed. Hearing on (b) M otions. (1) The Board may entertain discovery; the motion shall be afforded on application of any timely motion for an appropriate order. (4) limitation of the number of expert either party. However, the Board may defer Application to the Board for an order shall be witnesses or avoidance of cumulative its decision on the motion pending hearing on by motion which, unless made during a evidence; hearing, shall be made in writing, shall state both the merits and the motion. The Board (5) the possibility of agreement disposing of may at any time raise the issue of its with particularity the grounds for the motion any or all of the issues in dispute; and jurisdiction to proceed with a particular case and shall set forth the relief or order sought (6} such other matters as may aid in the by an appropriate order, affording the parties {2j The Board may, on its own motion, an opportunity to be heard on the issue. initiate any action by notice to the parties. disposition of the appeal. (3) Unless otherwise specified by the (b) Results o f conference. The Rule 6. Pleadings Board, a party who receives a motion shall Administrative Judge shall make such rulings file any answering material within 20 days and orders as may be appropriate to achieve (a) A ppellant. Within 30 days after receipt after the date of receipt of the motion. The settlement by agreement of the parties or to of notice of docketing of the appeal, the Board may require the presentation of briefs aid in the disposition of the appeal. The appellant shall file a complaint with the or arguments. The Board shall issue a Board. The complaint shall set forth simple, results of the conference, including any decision on each motion that is appropriate rulings and orders, shall be reduced to concise and direct statements of each of the and just to the parties. writing by the Administrative Judge or the appellant’s claims Appellant shall also set , (4) Affidavits in support of motions shall forth the basis, with appropriate reference to conference shall be transcribed. The writing set forth such facts as would be admissible in contract provisions, of each claim, and the evidence and shall show affirmatively that or the transcript shall constitute a part of the dollar amount claimed, to the extent known. the affiant is competent to testify to the record. This pleading shall fulfill the generally matters stated in the affidavit. When a recognized Rule 11 Submission Without a Hearing requirements of a complaint, motion is made and supported as provided in although no particular form is required. this rule, a party opposing the motion who is Either party may elect to waive its right to Should the complaint not he received within represented by counsel may not rest upon the- appear at a hearing and to submit its case days, may, appellant's notice of appeal if mere allegations or denials of his pleading; upon the record before the Board, as settled in the opinion of the Board the issues before his response, by affidavits or as otherwise under Rule 13. Submission of a case without the Board are sufficiently defined, be deemed provided in this rule, must show that there is hearing does not relieve the parties from the its complaint and the Government shall be so notified. . a genuine issue of fact or of law for decision. necessity of proving the facts supporting their Should it appear from the affidavits of a party allegations or defenses. Affidavits, (b) Government. Within 30 days from opposing the motion that for reasons stated depositions, admissions, answers to receipt of the complaint, the Government he cannot present by affidavit facts essential interrogatories, and stipulations may be shall file an answer with the Board. The to justify Ids opposition, the Board may deny employed to supplement other documentary answer shall set forth simple, concise and the motion or may order a continuance to direct statements of Government’s defenses permit affidavits to be obtained or discovery evidence in the record. The Board may permit to each claim, asserted by appellant, ineludin to be had or may make such order as is just. submissions to be supplemented by oral any affirmative defenses available Should argument, which may be transcribed if the answer not he received within 30 days, Rule 9. Prehearing Briefs requested, and by briefs in accordance with the Board may enter a general denial on Based an an examination of the pleadings. Rule 9 or Rule 23- 45914 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations

Rule 12. Optional Small Claims (Expedited) as consistent with the requirement to conduct decision is rendered, the Board will and Accelerated Procedures. (These the hearing on the date scheduled, or if no subsequently furnish the parties a typed copy procedures are available solely at the hearing is scheduled, to close the record on a of the oral decision (or a copy of the election of the appellant.) date that will allow decisions within the 120- transcript of the hearing) for record and day limit. The Board may impose shortened payment purposes, and to establish the Rule 12.1 Elections to Utilize Small Claims time periods for any actions prescribed or starting date for the period for filing a motion (Expedited) and Accelerated Procedure allowed under these rules, as necessary to for reconsideration under Rule 29. (a) Election-dispute involving $10,000 or enable the Board to decide the appeal within le ss. In appeals where the amount in dispute the 120-day limit, allowing whatever time, up Rule 12.4 Motions for Reconsideration in is $10,000 or less, the appellant may elect to to 30 days, that the Board considers Rule 12 Cases have the appeal processed under a Small necessary for the preparation of the decision Motions for Reconsideration of cases Claims (Expedited) procedure requiring after closing the record and the filing of decided under either .the Small Claims decision of the appeal, whenever possible, briefs, if any. (Expedited) procedure or the Accelerated within 120 days after the Board receives (c) D ecision . The written decision by the procedure need not be decided within the written notice of the appellant’s election. The Board in cases processed under the Small original 120-day or 180-day limit, but all such details of this procedure appear in section Claims (Expedited) procedure will be short motions shall be processed and decided 12.2 of this Rule. and contain only summary findings of fact rapidly to fulfill the intent of this Rule. (b) Election-dispute involving $50,000 or and conclusions. Decisions will be rendered le ss. In appeals where the amount in dispute for the Board by a single Administrative Rule 13. Settling the Record is $50,000 or less, the appellant may elect to Judge. If there has been a hearing, the (a) Contents o f record. The record upon have the appeal processed under an Administrative Judge presiding at the hearing which the Board's decision will be rendered Accelerated procedure requiring decision of may at the conclusion of the hearing and consists of the documents in the appeal file the appeal, whenever possible, within 180 after entertaining oral arguments as deemed furnished under Rule 4 or 12 (unless removed days after the Board receives written notice appropriate, render on the record oral by the Board) and the following items, if any: of the apellant’s election. The details of this summary findings of fact, conclusions, and a pleadings, prehearing conference memoranda procedure appear in section 12.3 of this Rule. decision of the Appeal. Whenever an oral or orders, prehearing briefs, depositions or (c) Notice of election. The appellant’s decision is rendered, the Board will interrogatories admitted into evidence, election of either the Small Claims subsequently furnish the parties a typed copy admissions, stipulations, transcripts of (Expedited) procedure or the Accelerated of the oral decision (or a copy of the conferences and hearings, exhibits admitted procedure may be made by written notice transcript of the hearing) for record and into evidence, posthearing briefs, orders of payment purposes and to establish the within 60 days after receipt of notice of the Board, and documents which the Board docketing the appeal unless this period is starting date for the period for filing a motion has specifically designated to be made a part extended by the Board for good-cause. The for reconsideration under Rule 29. of the record. The record will, at all election may not be withdrawn except with (d) Effect o f decision. A decision issued reasonable times, be available for inspection permission of the Board and for good cause. under the Small Claims (Expedited) by the parties at the office of the Board. (d) Determination o f amount in dispute. In procedure shall have no value as precedent (b) Closing o f record. Except as the Board deciding whether the Small Claims and, in the absence of fraud shall be final and may otherwise order, no proof shall be (Expedited) procedure or the Accelerated conclusive and may not be appealed or set received in evidence after completion of an procedure is applicable to a given appeal, the aside. oral hearing or, in cases submitted on the Board shall determine the amount in dispute. Rule 12.3 The Accelerated Procedure. record, after notification by the Board that Rule 12.2 The Small Claims (Expedited) (a) Waiver o f pleadings, discovery and the case is ready for decision. P roced u re b riefs. In cases proceeding under the (c) Weight o f evidence. The weight to be (a) Document submission and prehearing Accelerated procedure, the parties are attached to any evidence of record will rest conference. In cases proceeding under the encouraged, to the extent possible consistent within the sound discretion of the Board. The Small Claims (Expedited) procedure, the with adequate presentation of their factual Board may in any case require either party, following time periods shall apply: (1) Within and legal positions, to waive pleadings, with appropriate notice to the other party, to ten days from the Government's first receipt discovery, and briefs. submit additional evidence on any matter from either the appellant or the Board of a (b) Pleadings, discovery, and other relevant to the appeal. copy of the appellant’s notice of election of prehearing activity. Pleadings, discovery and Rule 14. Discovery—Depositions the Small Claims (Expedited) procedure, the other prehearing activity will be allowed only Government shall send the Board a copy of as consistent with the requirement to conduct (a) General policy and protective orders. the contract, the contracting officer’s final the hearing on the dates scheduled or, if no The parties are encouraged to engage in decision, and the appellant’s letter or letters hearing is scheduled, to close the record on a voluntary discovery procedures. In of claim, if any: remaining documents date that will allow decision within the 180- connection with any discovery procedure required under Rule 4 shall be submitted in day limit. The Board may shorten time under this rule or rule 15, the Board may accordance with times specified in that rule periods for any actions prescribed or allowed make any order required to protect a party or unless the Board otherwise directs: under these rules, as necessary to enable the person from annoyance, embarrassment, or (2) Within 15 days after the Board has Board to decide the appeal within the 180-day undue burden or expense. Those orders may acknowledged receipt of appellant’s notice of limit, and may reserve up to 30 days for include limitations on the scope, method, time election, the assigned Administrative Judge preparation of the decision. and place for discovery, and provisions for shall take the following actions, if feasible, in (c) D ecision . Written decisions by the protecting the secrecy of confidential an informal meeting or a telephone Board in cases processed under the information or documents. conference with both parties: (i) identify and Accelerated procedure will normally be short (b) When depositions permitted. After an simplify the issues: (ii) establish a simplified and contain only summary findings of fact appeal has been docketed and complaint procedure appropriate to the particular and conclusions. In cases where the amount filed, the parties may mutually agree to, or appeal; (iii) determine whether the appellant in dispute is $10,000 or less where the the Board may, upon application of either wants a hearing, and if so, fix a time and Accelerated procedure has been elected and party, order the taking of testimony of any place for the hearing; (iv) require the where there has been a hearing, the single person by deposition upon oral examination Government to furnish all the additional Administrative Judge presiding at the hearing or written interrogatories before any officer documents relevant to the appeal, and (v) may, with the concurrence of both parties, at authorized to administer oaths at the place of establish an expedited schedule for the conclusion of the hearing and after examination. resolution of the appeal. entertaining such oral arguments as deemed (c) Orders on depositions. The time, place, (b) Pleadings, discovery and other appropriate, render on the record oral and manner of taking depositions shall be as prehearing activity. Pleadings, discovery and summary findings of fact, conclusions, and a mutually agreed by the parties, or failing such other prehearing activity will be allowed only decision of the appeal. Whenever an oral agreement, governed by order of the Board. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations 45915

(d) Use as evidence. No testimony taken by Rule 19. Unexcused Absence o f a Party (1) 15 days before a scheduled deposition depositions shall be considered as part of the The unexcused absence of a party at the where the attendance of a witness at a evidence in the hearing of an appeal until the time and place set for hearing will not be deposition is sought; testimony is offered and received in evidence occasion for delay. Notwithstanding the (ii) 30 days before a scheduled hearing at the hearing. It will not ordinarily be provisions of Rule 31, in the event of an where the attendance of a witness at a received in evidence if the deponent is unexcused absence: (a) the appeal will be hearing is sought. present and can testify at the hearing. In dismissed with prejudice for want of In its discretion the Board may honor these instances, however, the deposition may prosecution; or (b) the hearing will proceed requests for subpoenas not made within these be used to contradict or impeach the and the case will be regarded as submitted time limitations. testimony of the deponent given at the on the record by the absent party. (2) A request for a subpoena shall State the hearing. In cases submitted on the record, the reasonable scope and general relevance to Board may receive depositions to supplement Rule 20. Hearings; Conduct; Examination o f the case of the testimony and of any books the record.. - W itn esses and papers sought. (e) E xpenses. Each party shall bear its own (a) Conduct o f hearings. Hearings shall be (d) Requests to quash or modify. Upon expenses associated with the taking of any as informal as may be reasonable and written request by the person subpoenaed or depositions. appropriate under the circumstances. by a party, made within 10 days after service Rule 15. In terrog atories to P arties, Appellant and the Government may offer but in any event not later than the time Admission o f Facts, and Production and such evidence as would be admissible under specified in the subpoena for compliance, the Inspection o f Documents the Federal Rules of Evidence or as otherwise Board may (1) quash or modify the subpoena determined to be reliable and relevant by the if it is unreasonable and oppressive or for After an appeal has been docketed and presiding Administrative Judge. Stipulations other good cause shown, or (2) require the complaint filed with the Board, a party may of fact agreed upon by the parties may be person in whose behalf the subpoena was serve on the other party: (a) written regarded and used as evidence at the hearing. issued to advance the reasonable cost of interrogatories to be answered separately in The parties may stipulate the testimony that producing subpoenaed books and papers. writing, signed under oath and answered or would be given by a witness if the witness Where circumstances require, the Board may objected to within 30 days; (b) a request for were present. The Board may require act upon such a request at any time after a the admission of specified facts or the evidence in addition to that offered by the copy of the request has been served upon (he authenticity of any documents, to be parties. opposing party. answered or objected to within 30 days after (b) Examination o f witnesses. Oral (e) Form; Issuance. service; the factual statements and the testimony before the Board shall generally be (1) Every subpoena shall state the name of authenticity of the documents to be deemed given under oath or affirmation. However, if the Board and die title of the appeal, and admitted upon failure of a party to respond to the testimony of a witness is not given under shall command each person to whom it is the request; and (c) a request for the oath or affirmation, the Board shall advise directed to attend and give testimony, and if production, inspection and copying of any the witness that his statements may be appropriate, to produce specified books and documents or objects not privileged, which subject to the provisions of Title 18, United papers at the time and place specified in the reasonably may lead to the discovery of States Code, sections 287 and 1001, and any subpoena. In issuing a subpoena to a admissible evidence. other provision of law imposing penalties for requesting party, the Administrative Judge Rule 16. Filin g an d S erv ice o f P ap ers O ther knowingly making false representations in shall sign the subpoena and may, in his Than Subpoenas connection with claims against the United discretion, enter die name of the witness and States or in any matter within the jurisdiction otherwise leave it blank. The party to whom Papers shall be considered filed with the of any department or agency. the subpoena is issued shall complete the Board when mailed or otherwise furnished to subpoena before service. the Board. Papers shall be served upon Rule 21. Subpoenas (2) Where the witness is located in a parties personally or by mail, addressed to (a) G en eral. Upon written request of either foreign county, a letter rogatory or subpoena the party upon whom service is to be made. party filed with the Board or on the may be issued and served under the Except as provided in rule 4(a), the party Administrative Judge's initiative, the circumstances and in the manner provided in filing any paper with the Board shall Administrative Judge to whom a case is 28 U.S.C. 1781-1784. simultaneously serve a copy of the paper assigned or who is otherwise designated by (f) S erv ice. upon the opposing party, and shall file a the Chairman may issue a subpoena (1) The party requesting issuance of a certificate of service with the Board requiring: subpoena shall be responsible for service. indicating that a copy has been so served. (1) testimony at a deposition—the deposing (2) A subpoena requiring the attendance of Subpoenas shall be served as provided in Rule 21. of a witness in the city or county where he or a witness at a deposition or hearing may be she resides, is employed or transacts served (i) by sending a copy of the subpoena Hearings business in person, or at another location by certified mail (return receipt requested) to convenient for the witness that is specifically the last known address of the party named in Rule 17. W here a n d W hen H eld determined by the Board; the subpoena, or (ii) by personal delivery of a Hearings will be held at places determined (2) testimony at a hearing—the attendance copy of the subpoena to the party named in by the Board to best serve the interest of the of a witness for the purpose of taking the subpoena, by a United States marshal or parties and the Board. Hearings will be testimony at a hearing; and deputy marshal, or by any other person who scheduled at the discretion of the Board with (3) production of books and papers—the is not a party and not less than 18 years of due consideration to the regular order of production by the witness at the deposition age. Service shall include the tender of the appeals, Rule 12 requirements, the or hearing of books and papers designated in fees for one day's attendance and the mileage convenience of the parties, the requirement the subpoena. provided by 28 U.S.C. 1821 or other for just and inexpensive determination of (b) Voluntary cooperation. Each party is applicable law; however, where the subpoena appeals without necessary delay, and other expected (1) to cooperate and make available is issued on behalf of the Government, money pertinent factors. On request or motion by witnesses and evidence under its control as payments need not be tendered in advance of either party and for good cause, the Board requested by the other party, without attendance. ®ay adjust the date of a hearing. issuance of a subpoena, and (2) to secure (3) The party at whose instance a subpoena voluntary attendance of desired third-party is issued shall be responsible for the payment fiu/e 18. Notice o f Hearings witnesses and production of desired third- of fees and mileage of the witness and for the Parties shall be given not less than 20 days party books, papers, documents, or tangible costs of service of the subpoena. notice of the time and place for hearing, things whenever possible. (g) Contumacy or refusal to obey subpoena. unless otherwise agreed. The notice of (c) Requests for subpoenas. In case of contumacy or refusal to obey a nearing shall be sent by certified mail (return (1) A request for a subpoena shall normally subpoena by a person who resides, is found, fcceipt requested). be filed at least: or transacts business within the jurisdiction ' 45916 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Rules and Regulations of a United States District Court, the Board forwarded simultaneously to both parties. Sanctions will apply to the Court through the Attorney The rules of the Board and all final orders Rule 33. Sanctions General of the United States for an order and decisions (except those required for good requiring the person to appear before the cause to be held confidential and not cited as If any party fails or refuses to obey an Board or a member of the Board to give precedents) shall be open for public order issued by foe Board, foe Board may testimony or produce evidence or both. inspection at the offices of the Board in then make such order as it considers necessary to the just and expeditious conduct Rule 22. Copies o f Papers Washington, D.C. Decisions of the Board shall be made solely upon the record, as or dismissal of the appeal. When books, records, papers, or described in Rule 13. Oral decisions shall be documents have been received in evidence, a Miscellaneous Procedures rendered in accordance with Rules 12.2(cJ true copy of this evidence or a copy of any Rule 34. Applicability material or relevant part of this evidence may and 12.3(c). These rules shall apply to all appeals be substituted during or at the conclusion of Motion for Reconsideration the hearing. relating to contracts entered into on or after Rule 29. Motion for Reconsideration. March 1,1979, and, to appeals relating to Rule 23. Pasthearing Briefs A motion for reconsideration may be filed earlier contracts, with respect to claims pending before foe contracting officer on The presiding Administrative Judge may by either party. It shall set forth specifically order the parties to submit post hearing briefs March 1,1979 or initiated thereafter, if the the grounds relied upon to sustain the motion. to the Board. contractor elects to proceed under foe Act. The motion shall be filed within 30 days from Rule 24. Transcript o f Proceedings the date of the receipt of a copy of foe Rule 35. Time, Computation, and Testimony and argument at hearings shall decision of foe Board by the party filing foe E xten sion s be reported verbatim , unless the Board motion. (a) G en eral. Where possible, procedural otherwise orders. Extra transcripts or copies Dismissals and Defaults actions should be taken in less time than the of the proceedings in the possession of the maximum time allowed. Where appropriate board may be supplied to the parties. Rule 30. Dismissal Without Prejudice and justified, extensions of time shall be Otherwise, the parties may obtain transcripts In certain cases, appeals docketed before granted. All requests for extensions of time or copies of the proceedings from the hearing foe Board are required to be placed in a shall be in writing and shall be filed before reporter. suspended status and foe Board is unable to foe due date, unless excused. Rule 25. Withdrawal o f Exhibits proceed with disposition for reasons not _ (b) Computation. In computing any period of time, foe day of foe event from which the After a decision has become final the within foe control of the Board. Where foe designated period of time begins to run shall Board may, upon request and after notice to suspension has continued, or may continue, not be included, but foe last day of foe period the other party, permit the withdrawal of for an inordinate length of time, foe Board original exhibits, or any part of original may dismiss such appeals from its docket shall be included unless it is a Saturday, exhibits by the party entitled to the exhibits. without prejudice to their restoration to foe Sunday, or a legal holiday, in which event the The subsitution of true copies of exhibits or docket when foe cause of suspension has period shall run to foe end of foe next any part of exhibits may be required by the been removed. Unless either party or foe business day. Board as a condition of granting permission Board acts within three years to reinstate any Rule 36. Ex Parte Communications for the withdrawal. appeal dismissed without prejudice, the (a) Definition. An ex parte communication dismissal shall be considered to be with Representation is any communication with a member of the prejudice. R u le 26. A ppelfant. Board, direct or indirect, oral or written, Rule 31. Dismissal or Default for Failure to concerning foe merits of matters in issue of An individual appellant may appear before Prosecute or Defend any pending proceeding which is made by a the Board in person; a corporation by one of party in the absence of any other party. Ex Whenever a record discloses foe failure of its duly authorized officers; and a partnership parte communications do not include or joint venture by one of its duly authorized either party to file documents required by communications where: members; or any of these by an attorney at these rules, respond to notices or (1) The purpose and content of foe law duly licensed in any State, correspondence from foe Board, comply with communication have been disclosed in commonwealth, territory, the District of orders of foe Board, or otherwise indicates an advance or simultaneously to all parties; Columbia, or in a foreign country. An intention not to continue foe prosecution or (2) The communication is a request for attorney representing an appellant shall file a defense of an appeal, the Board may, in foe information concerning foe status of foe case; written notice of appearance with the Board. case of such a default by foe appellant, issue or an order to show cause why foe appeal R ule 27. G overn m en t (3) The communication involves the should not be dismissed with prejudice or, in Board’s administrative functions or Government counsel may, in accordance the case of a default by foe Government, procedures. with their authority, represent the interests of issue an order to show cause why the Board the Government before the Board. They shall (b) Prohibition o f ex parte communications. should not act under Rule 33. If good cause is file notices of appearance with the Board. Ex parte communications are prohibited. not shown, foe Board may take appropriate This notice of appearance will be given (c) Procedure after receipt o f ex parte action. appellant or appellant’s attorney in the form communications. Any member of foe Board specified by the Board from time to time. Remand who receives an ex parte communication that Whenever an appellant and the Government the member of the Board knows or has are in agreement as to disposition of the Rule 32. Remand from Court reason to believe is unauthorized shall controversy, the Board may suspend further Whenever any court remands a case to the promptly place foe communication, or its processing of the appeal. However, if the Board for further proceedings, each of the substance, in all files and shall furnish copies Board is advised by either party that the parties shall, within 20 days of foe remand, to all parties. Unauthorized ex parte controversy has not been disposed of by submit a report to the Board recommending communications shall not be taken into agreement, the case shall be restored to the procedures to be followed to comply with the consideration in deciding any matter in issue. Board’s calendar without loss of position. court’s order. The Board shall consider any Dated: October 29,1985. Decisions timely filed reports and enter special orders Samuel R. Pierce, Jr., governing foe handling of the remanded case. R ule 28. D ecision s. To the extent the court’s directive and time S ecretary . Decisions of the Board shall be made m limitations permit, these orders shall conform [FR Doc. 85-26318 Filed 11-4-85; 8:45 am] writing. Copies of the decision shall be to these rules. BILLING CODE 4210-32-M Federal Register / Vol. 50, No. 214 / Tuesday, November 5,1985 / Rules and Regulations -45917 d e p a r t m e n t o f transportation and certain amendments to Parts 212, 217, 218, and 255 of that title. FRA F e d e ra l Railroad Administration published technical corrections and amendments on September 24,1985 (50 49 CFR Parts 2 1 2 ,2 1 7 ,2 1 8 ,2 1 9 , and FR 38660) and October 31,1985 (50 FR 255 45406). [FRA Docket No. RSOR-6, Notice No. 11] With certain exceptions, the final rule became effective on November 1,1985. Notice of Suspension; Control of At 9:30 a.m. (Pacific Standard Time) on Alcohol and Drug Use in Railroad that date the U.S. District Court for the Operations Northern District of California issued a temporary restraining order (TRO) that - AGENCY: Federal Railroad prohibits FRA from continuing in effect Administration (FRA), DOT. or further implementing any portion of ACTION: Notice of suspension of final the final rule. The TRO issued on rule and amendments. application of the plaintiffs in R a ilw a y Labor Executives’ Association v. Dole, s u m m a r y : The final rule on Control of Civil Action No. 85-7958. In his ruling Alcohol and Drug Use in Railroad from the bench, Judge Legge indicated Operations, including miscellaneous that the breath and body fluid testing amendments issued therewith, is provisions contained in Subparts C, D, suspended pending further notice. and F of Part 219 were the specific Implementation of the final rule has provisions of concern to the court. been temporarily restrained by order of However, the TRO blocks the U.S. District Court for the Northern implementation of the entire final rule in District of California. . order to avoid confusion in the regulated DATE: The rules are suspended community. The order provides for retroactive to 9:30 a.m. on November 1, further proceedings leading to a final 1985. decision on the merits. FOR FURTHER INFORMATION CONTACT: Accordingly, Part 219 of Title 49, Code Grady Cothen, Jr., Special Assistant to of Federal Regulations is suspended the Chief Counsel (Telephone: 202-426- pending any further notice. I-n addition, 9416), or Daniel Smith, Trial Attorney the amendments made to Parts 212, 217, (Telephone: 202-426-8285), Office of 218 and 225 by the final rule document Chief Counsel, FRA, Washington, D.C. (50 FR 31508, 31678-31579) are also 20590. ' *' suspended pending any further notice. SUPPLEMENTARY INFORMATION: On July Issued in Washington, D.C., on November 29,1985, FRA issued a final rule on 1,1985. Control of Alcohol and Drug Use in John H . Riley, Railroad Operations (50 FR 31508; Aug. Federal Railroad Administrator. 2,1985), which included a new Part 219 [FR Doc. 85-26546 Filed 11-4-85; 9:31 am] in Title 49, Code of Federal Regulations, BILLING CODE 4910-06-M 4 5918

Proposed Rules Federal Register Voi. 50, No. 214

Tuesday, November 5, 1985

This section of the FEDERAL REGISTER 728, Federal Building, Hyattsville, MD occurred on the premises of origin or on contains notices to the public of the 20782. Comments should state that they adjoining premises during the 90 days proposed issuance of rules and are in response to docket number 82- immediately preceding the date of regulations. The purpose of these notices 107. Written comments received may be movement of the eggs from such is to give interested persons an inspected in Room 728 of the Federal country, and that as far as it has been opportunity to participate in the rule making prior to the adoption of the final Building, Hyattsville, Maryland, possible to determine such flock or rules. between 8 a.m. and 4:30 p.m., Monday flocks were not exposed to such disease through Friday, except holidays. during the preceding 90 days.” Also, FOR FURTHER INFORMATION CONTACT: because of the natural protection DEPARTMENT OF AGRICULTURE Dr. S.S. Richeson, Chief Staff provided by the eggshell, poultry eggs Veterinarian, Import/Export Animals for hatching, unlike other poultry, would Animal and Plant Health Inspection not be susceptible to disease from Service and Products Staff, VS, APHIS, USDA, Room 843, Federal Building, 6505 exposure while en route to the United 9 CFR Part 92 Belcrest Road, Hyattsville, MD 20782, States from the country of origin. It 301-436-8172. appears that the inspection and [Docket No. 82-107] SUPPLEMENTARY INFORMATION: certification requirements would be adequate to assure that poultry eggs for Importation of Poultry Hatching Eggs Background hatching imported from countries that a g e n c y : Animal and Plant Health The regulations in 9 CFR Part 92 are designated as free of WN D , and the Inspection Service, USDA. (referred to below as the regulations), poultry from such imported eggs, would not present a risk of introducing a c t io n : Proposed rule. among other things, contain requirements for importation into the communicable diseases of poultry, such s u m m a r y : This document proposes to United States of poultry. Section 92.11(c) as VVND, into the United States. amend the import regulations for poultry of the regulations provides that all Therefore, it appears that the current by deleting the quarantine requirement poultry, including eggs for hatching, quarantine requirement for such eggs is for poultry eggs for hatching imported imported from any part of the world not necessary. Accordingly, this into the United States from countries except Canada, shall be quarantined for document proposes to delete the designated as free of viscerotropic not less than 30 days, and shall be quarantine requirement for poultry eggs velogenic Newcastle disease (VVND). subject to certain inspections, for hatching imported from countries This appears warranted since it has disinfections, and tests. The purpose of that are designated as free of WND. been determined that poultry eggs for these requirements is to help protect the This document also proposes to hatching accompanied by a certificate poultry industry of the United States clarify the period of quarantine for pursuant to the regulations, that are from viscerotropic velogenic Newcastle certain poultry eggs for hatching and the imported from W ND-free countries, and disease (VVND) and other poultry from such eggs by providing that the poultry from such eggs, would not communicable diseases of poultry. poultry eggs for hatching imported from present a risk of introducing W ND is a contagious viral disease any country not designated as WND- communicable diseases of poultry, such which affects poultry and birds and is free be quarantined from time of arrival as VVND, into the United States. This fatal to a large percentage of poultry and at the port of entry and that the poultry document also proposes to clarify the birds that become infected. When it from such eggs be quarantined for not period of quarantine for certain poultry does not cause death in poultry, drastic less than 30 days following hatch. The eggs for hatching and the poultry decreases in production capacity result. current regulations (§ 92.11(c)) provide therefrom by providing that poultry eggs W N D is considered to exist in all that such poultry must be quarantined for hatching imported from any country countries of the worlds except Australia, "for not less than 30 days, counting from not designated as WND-free be Canada, Denmark, Finland, Great the date of arrival at the port of entry.” quarantined from time of arrival at the Britain (England, Scotland, Wales, and Currently these provisions are port of entry and that the poultry from the Isle of Man), Iceland, New Zealand, interpreted to require that these eggs for such eggs be quarantined for not less Northern Ireland, Norway, Republic of hatching be quarantined from time of than 30 days following hatch. This Ireland, and Sweden. These countries arrival at the port of entry until hatched document further proposes to change are designated in 9 CFR 94.6(a)(2) as and that the poultry from such eggs language in the regulations concerning free of WND. remain quarantined for no less than 30 such quarantine provisions to more The import regulations also contain days following hatch. It appears that it closely reflect the language of the certain inspection and certification is necessary that the poultry remain statutory authority for such provisions. requirements for poultry eggs for quarantined for no less than 30 days d a t e : Written comments concerning this hatching. Section 92.5(b) requires, following hatch in order to have rule must be received on or before among other things, that “(a]ll eggs for adequate time for any symptoms of January 6,1986. hatching offered for importation from disease to become evident. ADDRESSES: Written comments should any part of the world, shall be Also, § 92.11(c) of the regulations be submitted to Thomas O. Gessel, accompanied by a certificate . . . stating indicates that the purpose of the Director, Regulatory Coordination Staff, that the flock or flocks of origin were inspections, disinfections, and tests for Animal and Plant Health Inspection found upon inspection to be free from the quarantined poultry eggs for Service, United States Department of evidence of communicable diseases of hatching and other poultry is “to Agriculture, 6505 Belcrest Road, Room poultry, that no Newcastle disease has determine [their] freedom from disease Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Proposed Rules 45919 or the infection of disease and freedom from the quarantine requirement. (2] All poultry eggs for hatching from exposure thereto.” In order to more Poultry eggs for hatching from countries imported, except from countries closely reflect the language of the other than Canada are imported in designated in § 94.6(a)(2) of this chapter statutory authority for this provision, it limited number for use in flock as free of viscerotropic velogenic is proposed to change this language. It is improvement projects, such as Newcastle disease, shall be quarantined proposed to state that the purpose of improving blood lines. These eggs are from time of arrival at the port of entry these activities for poultry, other than imported both from some of dm VVND- until hatched and the poultry from such poultry eggs for hatching, is “to free countries, such as Denmark, Great eggs shall remain quarantined for not determine [theirj freedom from Britain, Iceland, Northern Ireland, and less than 30 days following hatch. communicable diseases of pood try, and the Republic of Ireland, as well as from During their quarantine, such eggs for freedom from exposure to such countries not designated as VVND-free, hatching and poultry from such eggs diseases,” It is also proposed to state mainly Holland, France, and Germany. shall be subject to any inspection, that the purpose of these activities for Although the elimination of the disinfections, and tests as may be poultry eggs for hatching and poultry quarantine requirement would facilitate required by the Deputy Administrator, from such eggs is “to determine ftheir] the entry of poultry eggs for hatching Veterinary Services, to determine their freedom from communicable diseases of from those VVND-free countries that freedom from communicable diseases of poultry.” It is not necessary to include export these eggs to the United States, poultry. “and freedom from exposure thereto” no significant change in the supply or of * * * * * for poultry eggs for hatching and poultry demand for poultry eggs for hatching Done at Washington, D.C., this 30th day of from such eggs because, as explained imported into the United States from October 1985. above, such poultry eggs for hatching these countries is anticipated. G. J. Fichtner, would not be susceptible to disease Under the circumstances explained Acting Deputy Administrator, Veterinary from exposure while en route to the above, the Administrator of the Animal S erv ices. United States from the country of origin and Plant Health Inspection Service has [FR Doc. 85-26331 Filed 11-4-85; 8:45 am] and the poultry from such eggs would be determined ihat this action would not BILLING CODE 3410-34-M hatched while in quarantine. have a significant economic impact on a Executive Order 12291 substantial number of small entities. DEPARTMENT OF THE TREASURY This proposed rule is issued in list of Subjects in 9 CFR Part 92 conformance with Executive Order Animal diseases, Canada, Imports, Customs Service 12291, and has been determined to be Livestock and livestock products, not a “major rule.” Based on information Mexico, Poultry and poultry products, 19 CFR Part 191 compiled by the Department, it has been Quarantine, Transportation, Wildlife. determined that this proposed rule Amendment Relating to Exemptions would not have a significant effect on PART 92—IMPORTATION OF CERTAIN for Claimants Under Same Condition the economy, would not cause a major ANIMALS AND POULTRY AND Drawback increase in costs or prices for CERTAIN ANIMAL AND POULTRY AGENCY: Customs Service, Treasury. consumers, individual industries, PRODUCTS; INSPECTION AND OTHER ACTION: Proposed rule. Federal, State or local government REQUIREMENTS FOR CERTAIN agencies, or geographic regions; and MEANS OF CONVEYANCE AND s u m m a r y : This document proposes to would not have a significant adverse SHIPPING CONTAINERS THEREON amend the Customs Regulations relating effect on competition, employment, to claims for drawback of Customs investment, productivity, innovation, or Accordingly, it is proposed to amend 9 CFR Part 92 as follows: duties by removing the exemption given on the ability of United Stated-based same condition drawback claimants enterprises to compete with foreign- 1. The authority citation for Part 92 continues to read as follows: from the requirement of certifying based enterprises in domestic or export whether or not the merchandise to be markets. Authority: 7 U S.C. 1622; 19 U S.C. 1306; 21 exported or already exported was sold Consideration was given concerning U S.C. 102-165,111,134a, 134b, 134c, 134d, 134f, and 135; 7 CFR 2.17, 2.51, and 371.2{dj. to the U.S. Government This change is whether (!) to continue to impose the necessary to protect the Government’s quarantine requirement for poultry eggs 2. It is proposed to amend § 92.11 by interest in the drawback claim. for hatching imported from countries revising paragraph (c) to read as d a t e : Comments must be received on or designated as free of W ND, and the follows: poultry from such eggs, or {2} to delete before January 6,1986. the quarantine requirement. Alternative § 92.11 Quarantine requirements. a d d r e s s : Comments {preferably in 2 is proposed because it appears that ***** triplicate] may be addressed to, and poultry eggs for hatching accompanied (c) P ou ltry. fl] All poultry, other than inspected at, the Regulations Control by a certificate pursuant to the eggs for hatching, imported, except as Branch, Room 2426, U.S. Customs regulations, that are imported from provided in § 92.28, shall be quarantined Service, 1301 Constitution Avenue, NW., VVND-free countries, and the poultry for not less than 30 days, counting from Washington, DC 20229. from such imported eggs, would not the date of arrival at the port of entry. FOR FURTHER INFORMATION CONTACT: present a risk of introducting During their quarantine, such poultry Donald Beach, Carriers, Drawback and communicable diseases of poultry, such shall be subject to any inspections, Bonds Division, U.S. Customs Service, as WND, into the United States. disinfections, Mood tests, and other 1301 Constitution Avenue, NW., Most of the poultry eggs for hatching tests as may be required by the Deputy Washington, DC 20229 (202-566-5856). imported into the United States come Admininstrator, Veterinary Services, to SUPPLEMENTARY INFORMATION: from Canada. This document has no determine their freedom from effect on the importation of poultry eggs communicable diseases of poultry, and Background for hatching from Canada because their freedom from exposure to such Drawback is a refund or remission, in poultry imported from Canada is exempt diseases. whole or in part, of a Customs duty, 45920 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Proposed Rules

internal revenue tax, or fee lawfully supplier with the knowledge and no regulatory impact analysis has been assessed or collected because of a consent of the department, branch, or prepared. particular use made of the merchandise agency. Drafting Information on which the duty, or tax, or fee was Inasmuch as same condition assessed or collected. The rationale for drawback entries are filed under 19 The principal author of this document drawback is to encourage domestic U.S.C. 1313(j), the claimant is exempt was Susan Terranova, Regulations commerce or manufacturing, or both. It from the requirement of certifying Control Branch, U.S. Customs Service. permits the domestic manufacturer to whether or not the merchandise to be However, personnel from other Customs compete in foreign markets without the exported or already exported was sold offices participated in its development. handicap of including in his costs, and to the U.S. Government. In this situation List of Subjects in 19 CFR Part 191 consequently in his sales price, the duty the claimant is also under no obligation paid on imported merchandise. to obtain the Government’s consent to Customs duties and inspection, Part 191, Customs Regulations (19 CFR its receipt of the drawback. Thus, the exports, imports, drawback. Part 191), sets forth the general Government often has no knowledge Proposed Amendment provisions applicable to all drawback, that the merchandise it purchased is and specialized provisions applicable to eligible for a drawback. This puts the It is proposed to amend Part 191, specific types of drawback. One type is Government at a disadvantage since if it Customs Regulations (19 CFR Part 191), same condition drawback, which is had knowledge of its right to drawback, as set forth below. provided for under section 313(j), Tariff it could claim it for itself or use it as a PART 191—DRAWBACK Act of 1930, as amended (19 U.S.C. bargaining chip in obtaining a lower 1313(j)). Essentially, same condition purchase price from the domestic 1. The general authority citation for drawback is a drawback of duty on supplier. Part 191 would continue to read as imported merchandise exported in the Therefore, to protect the follows: same condition as when imported, or Government’s interest in the drawback Authority: 5 U.S.C. 301,19 U.S.C. 66,1202 destroyed under Customs supervision claim, we are proposing to amend (Gen. Hdnote 11), 1313,1624. and not used within the U.S. before such § 191.11(b), by removing the reference to exportation or destruction. The section 313(j), Tariff Act of 1930. Thus, 2. It is proposed to amend § 191.11(b), procedures governing same condition the exemption from the requirement for by removing the reference to section drawback are set forth in § 191.141, certifying whether or not merchandise 313(j), Tariff Act of 1930, as amended (19 Customs Regulations (19 CFR 191.141). was sold to the Government will not U.S.C. 1313(j). Accordingly, § 191.11(b) As example of same condition apply to same condition drawback would be revised to read as follows: drawback is as follows: A domestic claimants. § 191.11 Merchandise in which a United supplier of bedding, which has Comments States Government interest exists. contracted with the U.S. Army to supply 4 * * * * its West Germany bases with bunk Before adopting this proposal, (b) Certificate. With each drawback beds, imports mattresses from Taiwan, consideration will be given to any entry, except those filed pursuant to paying Customs duty upon entry. At the written comments timely submitted to section 313(c), Tariff Act of 1930, as time of exportation of the mattresses, Customs. Comments submitted will be amended (19 U.S.C. 1313(c)), the which have been sold to the U.S. available for public inspection in drawback claimant shall certify whether Government, the domestic supplier/ accordance with the Freedom of or not the merchandise concerned was importer files a claim for drawback^for a Information Act (5 U.S.C. 552) and § 1.6, sold to the United States Government. refund of the duty since the mattresses Treasury Department Regulations (31 ***** are in the same condition as when they CFR 1.6), and § 103.11(b), Customs were imported. Regulations (19 CFR 103.11(b)), on Alfred R. De Angelus, Section 191.11, Customs Regulations regular business days between hours of Acting Commissioner o f Customs. (19 CFR 191.11), concerns drawback 9:00 a.m. and 4:30 p.m. at the Regulations Approved: October 17,1985. merchandise in which the U.S. Control Branch, Room 2426, Customs Daniel D. Queen, Government has an interest. Pursuant to Headquarters, 1301 Constitution Acting Assistant Secretary o f the Treasury. this section, with each drawback entry, Avenue, NW., Washington, DC 20229. [FR Doc. 85-26354 Filed 11-4-85; 8:45 am] except those filed pursuant to sections Regulatory Flexibility Act BILLING CODE 4820-02-M 313(c) and 313(j), Tariff Act of 1930, as amended (19 U.S.C. 1313(c), (j)), the Pursuant to the provisions of the drawback claimant must certify whether Regulatory Flexibility Act (5 U.S.C. 601 or not the merchandise to be exported or e t s e q .), it is certified that, if adopted, ENVIRONMENTAL PROTECTION already exported was sold to the U.S. the proposed amendment will not have a AGENCY Government. If the merchandise was significant economic impact on a sold to the U.S. Government, the substantial number of small entities 40 CFR Part 439 drawback is available only to the (1) inasmuch as it will affect only importers tOW-FRL-2918-8) department, branch, or agency of the making entries under the same condition U.S. Government which purchased it; or drawback procedures. Accordingly, the Pharmaceutical Manufacturing Point (2) supplier, or any of the parties proposed amendment is not subject to Source Category; Effluent Limitations specified in § 191.73(b), Customs the regulatory analysis or other Guidelines, Pretreatment Standards, Regulations (19 CFR 191.73(b)), provided requirements of 5 U.S.C. 603 and 604. and New Source Performance the drawback claim is supported by Executive Order 12291 Standards; Extension of Comment documentation signed by a proper Period officer of the department, branch or This document does not meet the agency concerned, certifying that the criteria for a “major rule” as specified in AGENCY: Environmental Protection right to drawback was reserved by the section 1(b) of E .0 .12291. Accordingly, Agency (EPA). Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Proposed Rules 45921

action: Extension of comment period. manufacturing point source category are received, beginning approximately found at 50 FR 29091. The Agency three weeks after publication of this s u m m a r y : On September & 1985, EPA extended the comment period on that published a notice of availability document, in Room 309-G of the notice by 60 days (see FR 41528). Department's offices at 200 concerning controls on the discharge of Therefore, as a result the similarity in methylene chloride and other toxic Independence Ave., SW., Washington, issues and responding companies, the volatile organics by plants in the DC, on Monday through Friday of each Agency believes that the comment pharmaceutical manufacturing point week from 860 a.m. to 5:00 p.m. (202- period for both notices should end on source category {50 FR 36638). EPA is 245-7890). the same day, December 16,1985. extending the end of the comment FOR FURTHER INFORMATION CONTACT: period on the information made Dated: October 28,1985. Samuel Kidder (301) 597-5909. available by the notice from November Lawrence J. Jensen, SUPPLEMENTARY INFORMATION: 8,1985 to December 16,1985. Assistant Administrator for Water. DATES: Comments on the notice of [FR Doc. 85-26361 Filed 11-4-85-8:45 am] I. Background availability for the pharmaceutical BILLING CODE S560-50-M Section 1905(d) of the Social Security manufacturing category (50 FR 36638) Act authorizes optional Medicaid must be submitted to EPA by December coverage for services in intermediate 16.1985. DEPARTMENT OF HEALTH AND care facilities for the mentally retarded ADDRESSES: Send comments to Dr. HUMAN SERVICES (ICFs/MR). These are facilities that Frank H. Hund, Industrial Technology provide health or rehabilitative services Health Care Financing Administration Division (WH-652), Environmental to mentally retarded individuals. Protection Agency, 401M Street, SW., 42 CFR Part 442 In order to participate in the Medicaid Washington, DC 20460. Attention: program, an IGF/MR must have a Docket Clerk, Pharmaceutical [BERC-352-P] provider agreement with the State Manufacturing. The information Medicaid agency. To enter into a Medicaid Program; Fire Safety supporting the notice is available for provider agreement, an ICF/MR must Standards for ICFs/MR inspection and copying at the EPA first be certified by a State survey Public Information Reference Unit, AGENCY: Health Care Financing agency as complying with certain health Room 2404 (Rear) PM-213. The Administration (HCFA), HHS. and safety requirements. These comments will be added to the record as a c t io n : Proposed rule. requirements are referred to as they are received The EPA Information standards and are set forth in the Regulation (40 CFR Part 2) provides that s u m m a r y : This proposed rule would regulations at 42 CFR Part 442, Subpart a reasonable fee may be charged for amend the fire safety standards for G—Standards for Intermediate Care copying. intermediate care facilities for the Facilities for the Mentally Retarded. FOR FURTHER INFORMATION CONTACT: mentally retarded (ICFs/MR). It would Among these standards are the Frank H. Hund (202) 382-7182. incorporate the 1985 edition of the life current ICF/MR standards on fire SUPPLEMENTARY INFORMATION: On Safety Code of die National Fire protection contained in regulations at 42 September 9,1985, EPA published a Protection Association. Current CFR 442.507 through 442.509. They notice of availability concerning regulations incorporate the 1981 edition. provide two ways in which a facility can controls on the discharge of methylene The incorporation of the current edition be surveyed for fire safety. First, a chloride and other toxic volatile of the Life Safety Code is intended to facility may be surveyed under the organics from plants in the ensure that Medicaid providers and Health Care Occupancies chapter of pharmaceutical manufacturing point recipients have the benefit of the most either the 1967 or 1981 editions of the source category. The notice stated that current fire protection standards. Life Safety Code (LSC) of the National all comments on the issues raised by the d a t e : To be considered, comments must Fire Protection Association (NFPA) or notice must be submitted by November be mailed or delivered to the meet the equivalency requirements of 8.1985. Since then, a pharmaceutical appropriate address, as provided below, the Fire Safety Evaluation System industry association has requested that and must be received by 560 p.m. on (FSES). The State may waive portions of the Agency extend the comment period December 5,1985. this chapter where rigid application for sixty days a d d r e s s : Mail comments to the would cause unreasonable hardships In its request letter the association following address: and the safety of clients is not maintained that controls on the Health Care Financing Administration, compromised. discharge of methylene chloride and Department of Health and Human Second, if the facility has 15 or fewer other toxic volatile organics are very Services, Attention: BERC-352-P, P.O. beds, the regulations at 42 CFR 442.508 important to the industry and that the Box 26676, Baltimore, Maryland 21207 permit the State survey agency to apply amount of information concerning the If you prefer, you may deliver your the Lodgings and Rooming Home section issues on which the Agency has of the Residential Occupancies requested comments is significant The comments to one of the following addresses: requirements of the 1981 Life Safety Agency agrees with the association that Code. This section relies principally on Room 309-G, Hubert H. Humphrey controls on the discharge of toxic “alarms and exiting*’ as opposed to Building, 200 Independence Ave., SW., volatile organics are very important to “protection in place“ and, as such, Washington, DC, or the industry. The Agency also believes imposes less stringent physical plant that the issues generated by the notice Room 132, East, High Rise Building, 6325 requirements than the Health Care and the companies responding to it are Security Boulevard, Baltimore, Occupancy Chapter of the LSC. The similar to the issues and companies Maryland. current regulations have made it difficult involved with a notice of availability In commenting, please refer to file for small facilities to become certified relating to the organic chemical, code BERC-352-P. Comments will be because, in order for the Lodging and plastics, and synthetic fibers available for public inspection as they Rooming Home provisions to be applied, 45922______Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Proposed Rules all clients must be ambulatory, capable facilities having “16 or fewer beds” or the Residential Board and Care of self-preservation and receiving active "more than 16 beds” in accordance with Occupancy chapter since this new treatment. Those regulations define the new NFPA requirements. When chapter is specifically designed for a ambulatory as “able to walk without describing existing regulations, we board and care occupancy and no assistance.” We have found this continue to refer to the 15 bed cutoff previous edition of the LSC was definition to be too rigid. It does not point. suitable, in and of itself, for this type of take into consideration the many cases We would also revise the regulations occupancy. We invite the public to in which clients, who require assistance to specify that an ICF/MR that has 16 or comment on other options open to us devices (for example, wheelchairs), can fewer beds and that is classified as a regarding this issue. quickly evacuate premises under Residential Board and Care Occupancy emergency conditions. Thus, we are must have its evacuation capability III. Regulatory Impact Statement proposing to revise the current evaluated in accordance with the Executive Order 12291 standards. Evacuation Difficulty Index (EDI) which is a part of the 1985 LSC. A facility’s II. Provisions of the Regulations Executive Order 12291 requires us to evacuation capability is an important prepare and publish a regulatory impact We would amend the regulations on factor used by surveyors to determine analysis for any regulations that are fire protection by incorporating the the specific requirements the faciity likely to have an annual economic existing standards relating to fire safety must meet. We propose to use the EDI ..impact of $100 million or more, cause a (§§ 442.507-442.509) in one new since the National Bureau of Standards major increase in costs or prices, or standard § 442.508, "Fire protection”. has tested this tool and found it to be an meet other thresholds specified in Additionally, we are proposing to delete effective, valid way to evaluate the section 1(b) of the Order. the following definitions from § 442.401: evacuation capability of a facility based “Ambulatory”, "Mobile Although we can not develop a on the characteristics of the facility’s precise estimate, we do not believe that nonambulatory”, “Nonambulatory” and staff and clients. The NFP, after “Nonmobile”. It is necessary to remove the economic impact of this regulation extensive review, has adopted it. We would exceed $100 million, or meet the these definitions from Subpart G believe that the application of the EDI other thresholds specified in the because the proposed fire safety would result in greater uniformity and Executive Order. Therefore, we have not standards would no longer refer to these accuracy in applying safety standards. prepared a regulatory impact analysis. terms in determining a facility’s Other evaluation mechanisms could compliance with the LSC. lead to the application of Regulatory Flexibility Act In the proposed § 442.508, we would inappropriately high or low require that facilities meet the requirements. Consistent with the Regulatory applicable provisions of the 1985 edition We would retain current waiver Flexibility Act (RFA) (5 U.S.C. 601-612), of the LSC rather than the 1981 edition provisions for specific LSC requirements we prepare and publish a regulatory currently required. In the 1985 edition, for faciliteis subject to the Health Care flexibility analysis for any regulation NFPA adopted a new chapter 21 of the Occupancy chapter of the LSC as long that is likely to have a significant LSC entitled "Residential Board and as such waivers would not adversely economic impact on a substantial Care Occupancies.” As a part of chapter affect the health and safety of clients. number of small entities. A small entity 21, the NFPA has included the Fire We do not propose to allow such is a small business, a nonprofit Safety Evaluation System for Board and waivers for facilities surveyed under the enterprise, or a government jurisdiction Care Homes (FSES/BC). This Residential Board and Care Occupancy with a population of less than 50,000. equivalency system is designed to Chapter because this chapter and its We consider all nursing homes to be assure client safety and provide equivalency system, the FSES/BC, small entities for purposes of the RFA. reasonable alternatives for facility already offers the facility sufficient Because this proposal may have a compliance by taking into consideration alternatives to remain in the program significant economic impact on a the characteristics of the staff and the and still protect client health and safety. substantial number of nursing homes, clients, as well as the fire protection We propose to retain provisions for the we have prepared the following features of the structure. acceptance of a State’s fire and safety analysis. We are proposing to revise the code for large facilities if the Secretary As of September 9,1985, there are regulations on fire protection to state determines that it adequately protects about 2,911 certified ICFs/MR ranging in that the facility must meet the clients. We do not propose to adopt a size from 4 to more than 1500 beds. The appropriate provisions of either the provision for the acceptance of a State’s composition of these ICFs/MR is as Health Care Occupancies chapter or the fire and safety code for small facilities follows: Residential Board and Care (16 or fewer beds) because we will need Occupancies chapter of the LSC (or experience in applying the Residential Per­ meet the FSES or FSES/BC, which are Board and Care Occupancy chapter to Number cent Number of beds Of ICFs/ of incorporated in the LSC). The State these facilities before we can. MR total survey agency would determine which responsibly decide whether or not a provision of the LSC the facility must particular State code can adequately 4 to 16...... 2,078 71 meet. By incorporating these new fire protect ICF/MR clients. 17 to 50...... 322 12 51 to 100...... 220 8 safety measures in ICF/MR regulations, Finally, we propose to allow facilities 101 to 3 0 0 ...... 166 6 we can eliminate the interpretative that previously met and continue to 301 to 5 0 0 ...... 48 1 problems caused by the current 501 to 7 5 0 ...... 47 1 meet the Health Care Occupancy 30 1 requirements without jeopardizing the chapter of the 1967 or the 1981 edition of — health and safety of clients. the LSC to remain in compliance. That In the 1985 edition of the LSC, the is, such facilities would not be required, Public ICFs/MR comprise about 31 NFPA has changed its requirement for but may choose to meet the 1985 edition. percent of certified ICFs/MR and private classifying smaller facilities. Therefore, This grandfather provision is not facilities represent the remaining 69 the proposed regulations refer to proposed for facilities surveyed under percent. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1965 / Proposed Ruleö 45923

We anticipate that the adoption of the List of Subjects in 42 CFR Part 442 (b) For facilities that meet the LSC Residential Board and Care Chapter of Certification of intermediate care definition of a health care occupancy: the LSC and the Fire Safety Evaluation facilities (ICFs), Certification of skilled (1) The State survey agency may System for Board and Care Homes nursing facilities (SNFs), Contracts waive, for a period it considers (FSES/BC) would enable facilities to (Agreements), Disabled, Grant-in-Aid appropriate, specific provisions of the serve more clients in a wider variety of program—health, Health facilities, LSC if— settings with reduced capital Health professionals, Health records, (1) The waiver would not adversely expenditures for fire protection features. Information (Disclosure), Medicaid, affect the health and safety of the Since the Residential Board and Care Mental health centers, Nursing homes, residents; and Occupancy chapter of the LSC and Nutrition, Privacy, Safety. (ii) Rigid application of specific FSES/BC provides for various methods 42 CFR Part 442 would be amended as provisions would result in an of achieving needed fire protection follows: unreasonable hardship for the facility. features, facilities would be able to (2) The State survey agency may tailor fire protection capital PART 422—STAN DARDS FOR apply the State’s fire and safety code improvements to the specific needs of PAYMENT FOR SKILLED NURSING instead of the LSC if the Secretary finds clients and staff. AND INTERMEDIATE CARE FACILITY SERVICES that the State has a code imposed by We cannot estimate quantitatively the State law that adequately protects a potential impact of this proposal. 1. In Part 422, the authority citation is facility’s clients. However, one important effect would be revised and the table of contents for (3) The State survey agency may that a facility of 16 or fewer beds would Subpart G is amended by removing apply a single chapter of the LSC to the not be bound to comply with the § § 442.507 and 422.509, and by revising entire facility or may apply different expensive requirements of the Health the title of § 442.508 to read as follows: chapters to different buildings or parts Care Occupancies Chapter of the Life Subpart G—Standards for Intermediate of buildings as permitted by the LSC. Safety Code as required under current Care Facilities for the Mentally Retarded (4) Compliance on November 26,1982 regulations. Currently, a facility must with the 1967 edition of the LSC or comply with that chapter if it serves Sec. * * * * * compliance on [publication date of final persons who are not ambulatory or rules] with the 1981 edition of the LSC, capable of self-preservation. As a result, 442.508 Fire protection * ** * * * with or without waivers, is considered some clients must be served by larger to be compliance with this standard as institutions despite costs and Authority: Sec. 1102 of the Social Security long as the facility continues to remain Act (42 U.S.C. 1302), unless otherwise noted. inconvenience to their families. Under in compliance with that edition of the the proposed standards, a facility that §442.401 [Amended] Code. complies with the Residential Board and 2. In §442.401, “Definitions”, the (c) For facilities that meet the LSC Care chapter of the LSC or passes the definitions of the terms “Ambulatory", definition of a residential board and FSES/BC, would be able to serve more “Mobile nonambulatory”, care occupancy and that have more than clients without applying all the costly "Nonambulatory”, and “Nonmobile” are 16 beds, the State survey agency may features required under the Health Care removed. apply the State’s fire and safety code as Occupancies chapter of the code. specified in paragraph (b)(2) of this This proposal is intended to ensure a § 442.507 [Removed] section, and may apply different high level of fire safety in ICFs/MR, 3. Section 442.507 is removed. chapters of the LSC to different while reducing the costs of protection. 4. Section 442.508 is revised to read as buildings as specified in paragraph This would afford significant benefits to follows: (b)(3) of this section. both ICFs/MR, the patients they serve, § 442.508 Fire protection. (d) A facility that meets the LSC and the families of those patients. definitions of a residential board and (a) Except as specified in paragraphs care occupancy and that has 16 or fewer Paperwork Reduction Act o f 1980 (b) and (c) of this section, the facility beds, must have its evacuation must meet the applicable provisions of These proposed changes would not capability evaluated in accordance with either the Health Care Occupancies impose information collection the Evacuation Difficulty Index of the chapter or the Residential Board and requirements. Consequently, they need LSC (Appendix F). not be reviewed by the Executive Office Care Occupancies chapter of the Life of Management and Budget under the Safety Code (LSC) of the National Fire §442.509 [Removed] Protection Association, 1985 edition, authority of the Paperwork Reduction 5. Section 442.509 is removed. which is incorporated by reference.1 Act of 1980 (44 U.S.C. 3501 et seq.). (Catalog of Federal Domestic Assistance Program No. 13.714 Medical Assistance IV. Responses to Comments 'Incorporation of the 1985 edition of the National Fire Protection Association’s Life Safety Code, the Program) Because of the large number of pieces Fire Safety Evaluation System and the Fire Safety Dated: October 11,1985. of correspondence we normally receive Evaluation System for Board and Care Homes were C. McClain Haddow, on proposed regulations, we cannot approved by the Director of the Federal Register on Acting Administrator, Health Care Financing acknowledge or respond to them ,------. These documents are available for inspection at the Office of the Federal Register Administration. individually. However, we will consider Information Center, Room 8301,1110 L Street, N.W., all comments that are received by the Washington, DC. Copies may be obtained from the Approved: October 11,1985. • end of the comment period and, if we National Fire Protection Association, Battery March Margaret M. Heckler, proceed with a final rule, we will Park, Quincy, Mass 02269. Secretary. If any changes in this code are also to be respond to those comments in the incorporated by reference, a notice to that effect [FR Doc. 85-26375 Filed 11-4-85; 8:45 am] preamble to that rule. will be published in the Federal Register. BILLING CODE 4120- 01-M Notices Federal Register Vol. 50, No. 214

Tuesday, November 5, 1985

This section of the FEDERAL REGISTER ACTION: Notice of determination. administered by the State Forester as a contains documents other than rules or representative of the State Forestry proposed rules that are applicable to the SUMMARY: The Secretary of Agriculture Commission. public. Notices of hearings and has determined that payments made to investigations, committee meetings, agency landowners under the South Carolina An eligible landowner is any private decisions and rulings, delegations of Forest Renewal Program are made individual, group, partnership, authority, filing of petitions and primarily for purposes of improving association, corporation or other legal applications and agency statements of forests. This determination, which is entity which owns nonindustrial private organization and functions are examples made in accordance with section 126 of forest lands capable of producing of documents appearing in this section. the Internal Revenue Code of 1954, as industrial wood corps. Private entities amended, and the provisions of 7 CFR engaged in the business of Part 14, permits recipients of these manufacturing forest products or DEPARTMENT OF AGRICULTURE payments to exclude some or all of them providing public utility services or subsidiaries of such entities are not Forest Service from gross income for Federal income tax purposes if certain other conditions eligible for assistance under the program Inyo National Forest; Mono Basin are met. except that private individual forest National Forest Scenic Area Advisory FOR FURTHER INFORMATION CONTACT: landowners who own stock in such Board; Meeting Frederick A. Dorrell, Director, businesses are eligibile. Cost-share Cooperative Forestry, Forest Service, payments are made to eligible The Mono Basin National Forest USDA, P.O. Box 2417, Washington, DC landowners for the satisfactory Scenic Area Advisory Board will meet 20013, (703) 235-2212. installation of forest renewal practices. at 9:00 a.m. on December 6,1985 at the SUPPLEMENTARY INFORMATION: Section Approved practices are those June Lake Community Center, June Lake, 126 of the Internal Revenue Code, of silvicultural practices approved by the California. The agenda of the meeting 1954, as added by the Revenue Act of State Forester for the purpose of will include: Log Cabin Mine, 1978 and amended by the Technical commercially growing timber through Memorandum of Understanding with Corrections*Act o f1979, provides that the establishment of forest stands or of State of California, Visitor Center certain payments made under State ensuring the proper regeneration of Update, General Update, Future Meeting programs may be eligible for exclusion forest stands to commercial production Schedule. from gross income if certain levels following the harvest of timber. The meeting will be open to the determinations are made. The Secretary Such practices shall include those public. Persons who wish to attend and of Agriculture must determine whether required to accomplish site preparation, make oral presentation should notify payments made under a State program, natural and artificial reforestation, Eugene E. Murphy, Forest Supervisor, as described in section 126(a)(10), are noncommercial removal of undesirable Inyo National Forest, 873 N. Main Street, “made primarily for the purpose of vegetation for silvicultural purposes and Bishop, California, 93514, telephone: conserving soil and water resources, cultivation of established young growth (619) 873-5841. Written statements may protecting or restoring the program, as of desirable trees. In each case, be filed with the Committee before or described in section 126(a)(10), are approved practices shall be determined after the meeting. “made primarily for the purpose of by the needs of the individual forest The Committee has established the conserving soil and water resources, stand. These practices shall include following rules for public participation: protecting or restoring the environment, existing practices and such practices as After the Board has completed improving forests, or providing habitat are developed in the future to ensure discussion of each topic, the public will for wildlife.” In making this both maximum forest productivity and be allowed time for questions or determination, the Secretary of environmental protection. comment. Agriculture must evaluate each program The authorizing legislation, Dated: October 25,1985. according to criteria set forth in 7 CFR regulations, and operating procedures Eugene E. Murphy, Part 14. for the Forest Renewal Program of the State of South Carolina have been Forest Supervisor and Chairman. One such program carried out by the State of South Carolina is under the carefully examined using the criteria set [FR Doc. 85-26345 Filed 11-4-85; 8:45 am] Forest Renewal Program, which is forth in 7 CFR Part 14. The Department BILLING CODE 3412-11-M authorized by the Forest Renewal Law has concluded that the payments made (U.S. Code sections 48-28-10 e t s e q .). In under this forestry cost-share program are made to provide financial assistance Office of the Secretary addition, the Primary Forest Product Assessment Law (S.C. Code sections 48- to agricultural landowners in carrying South Carolina Forest Renewal 30-10 e t s e q .) provides for an out forest improvement practices. A Program; Determination of Primary assessment on primary forest products “Record of Decision, South Carolina Purpose of Program Payments for in order to make available a source of Forest Renewal Program: Primary Consideration as Excludable From funds to finance the Forest Renewal Purpose Determination for Federal Tax Income Under Section 126 of the Program. The program provides Purposes” has been prepared and is Internal Revenue Code of 1954, As technical and financial assistance to available upon request from Amended nonindustrial private forest landowners Cooperative Forestry, Forest Service. to ensure the supply of high quality Requests may be sent to the address AGENCY: Office of the Secretary, USDA. timber in the State. The program is listed above. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45925

Determination Affected Public: Businesses or other for- for the project performance of April 1, Therefore, it has been determined in profit institutions 1986 to March 31,1987. The MBDC will accordance with section 128(b)(1) of the Frequency: Monthly operate in the Memphis, Tennessee Internal Revenue Code of 1954, as Respondent’s Obligation: Voluntary Metropolitan Statistical Area (MSA). amended, and 7 CFR Part 14 that all OMB Desk Officer: Timothy Sprehe, The first year cost for the MBDC will cost-share payments made for 395-4814 consist of $230,000 in Federal funds and conservation practices under the Forest Agency: Bureau of the Census a minimum of $40,588 in non-Federal Renewal Program of the State of South Title: March 12 Employment From 1RS funds (which can be a combination of Carolina are made primarily for the Form 941E cash, in-kind contribution and fees for purpose of improving forests. Form Number: Agency—1RS 941E; services). The Project Number is 04-10- Signed at Washington, DC on October 30, OMB—0607-0203 86004-01 for the Memphis, Tennessee 1985. Type of Request: Extension of a SMSA. )ohnR. Block. currently approved collection The funding instrument for the MBDC Burden: 100,000 respondents; 10,000 Secretary o fAgriculture. will be a cooperative agreement and reporting hours competition is open to individuals, [FR Doc. 85-26327 Filed 11-4-85; 8:45 am] Needs and Uses: Employment BILLING CODE 3410-01-M nonprofit and for-profit organization, information from HIS Form 941E local and state governments, American updates the Standard Statistical Indian tribes and educational Establishment List (SSEL). The SSEL, institutions. DEPARTMENT OF COMMERCE as a universal sampling frame of U.S. business activify, requires The MBDC will provide management Agency Forms Under Review by the and technical assistance to eligible Office of Management and Budget employment data from all sectors of the economy. clients for the establishment and DOC has submitted to OMB for Affected Public: Business or other for- operation of businesses. The MBDC clearance the following proposals for profit institutions program is designed to assist those collection of information under the Frequency: First quarter only minority businesses that have the provisions of the Paperwork Reduction Respondent’s Obligation: Mandatory highest potential for success. In order to Act (44 U.S.C. Chapter 35). OMB Desk Officer: Timothy Sprehe, accomplish this, MBDA supports MBDC Agency: Bureau of the Census 395-4814. programs that can: coordinate and Title: Survey of Government Pass- Copies of the above information broker public and private sector Through Expenditures collection proposals can be obtained by resources on behalf of minority Form Number: Agency—CF-1; OMB— calling or writing DOC Clearance individuals and firms; offer them a full NA Officer, Edward Michals (202) 377-4217, range of management and technical Type of Request: New collection Department of Commerce, Room 6622, assistance; and serve as a conduit of Burden: 336 respondents; 252 reporting 14th and Constitution Avenue, NW., information and assistance regarding hours Washington, DC 20230. minority business. Needs and Uses: This data will be Written comments and Applications will be judged on the requested from State Government recommendations for the prôposed experience and capability of the firm agencies to satisfy requirements of the information collection should be sent to Consolidated Federal Funds Report and its staff in addressing the needs of Timothy Sprehe, OMB Desk Officer, Act of 1982 (Pub. L. 97-326) which minority business individuals and requires the compilation and Room 3235, New Executive Office organizations; the resources available to publication of all Federal Building, Washington, DC 20503. the firm in providing management and expenditures and/or obligations on a Dated: October 30,1985. technical assistance; the firm’s proposed geographic basis. These data will be Edward Michals, approach to performing the work published in the annual consolidated Departmental Clearance Officer. requirements included in the Federal Funds Report. (FR Doc. 85-26348 Filed 11-4-85; 8:45 am] application; and the firm’s estimated Affected Public: State or local BILUNG CODE 3S10-07-M cost for providing such assistance. It is governments advisable that applicants have an Frequency: Annually existing office in the geographic region Respondent’s Obligation: Voluntary Minority Business Development for which they are applying. OMB Desk Officer: Timothy Sprehe, Agency 395-4814 The MBDC will operate for a 3-year period with periodic reviews Agency: Bureau of the Census Financial Assistance Application; culminating in annual evaluations to Title: Current Trade Report Tennessee determine if funding for the project Form Number: Agency—B-300 (SR); should continue. Continued funding will OMB—0607-0190 AGENCY: Minority Business be at the discretion of MBDA based on Type of Request: Extension of a Development Agency, Commerce. such factors as an MBDC's satisfactory currently approved collection a c t io n : Notice. Burden: 5,556 respondents; 5,040 performance, the availability of funds, reporting hours SUMMARY: The Minority Business and Agency priorities. Development Agency (MBDA) Needs and Uses: This survey provides d a t e : The closing date for applications the only continuous measure of announces that it is soliciting is December 6,1985. competitive applications under its monthly wholesale sales, inventory Applications must be postmarked on and stock/sales ratios. Information Minority Business Development Center or before December 6,1985. received indicates that the data have (MBDC) Progam to operate an MBDC for significant application to the needs of a 3-year period, subject to available ADDRESS: Atlanta Regional Office, 1371 the public and other government funds. The cost of performance for the Peachtree Street NE., Suite 505, Atlanta, agencies. first 12 months is estimated at $270,588 Georgia 30309, (404) 881^091. 45926 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

FOR FURTHER INFORMATION CONTACT: funds, the MBDC’s performance, and Dated: October 30,1985. Carlton L. Eccles, Regional Director, Agency priorities. Richard B. Roe, Atlanta Regional Office. MBDA’s suggested levels of efforts: Director, O ffice o f Fisheries Management SUPPLEMENTARY INFORMATION: National Marine Fisheries Service. Financial packages $3,230,000 Questions concerning the preceding [FR Doc. 85-26362 Filed 11-4-85; 8:45 am] M&TA $185,000 information, copies of application kits BILLING CODE 3510-22-M and applicable regulations can be Procurements $7,251,000 obtained at the above address. Number of Clients 72. A pre-application conference to assist all Note.—All levels of effort proposed by the COMMITTEE FOR THE interested applicants will be held at the U.S. applicant must be supported by written IMPLEMENTATION OF TEXTILE Department of Commerce, Minority Business justification whether they vary from MBDA’s Development Agency, 1371 Peachtree Street AGREEMENTS NE., Suite 505, Atlanta, Georgia, November suggested levels or not. 15,1985 at 9:00 a.m. Rescinding Calls on Certain Cotton (11.800 Minority Business Development A pre-application conference to assist Apparel Products in Categories 350 (Catalog of Federal Domestic Assistance)) all interested applicants will be held at and 359 Produced or Manufactured in Dated: October 30,1985. the U.S. Department of Commerce, India Carlton L. Eccles, Minority Business Development Agency, 1371 Peachtree Street, NE., Suite 505, October 31,1985. Regional Director, Atlanta Regional Office. Atlanta, Georgia, November 15,1985 at On March 9, April 8 and September Program Number and Title: 11-800 Minority Business Development 9:00 a.m. 11,1984 notices were published in the Federal Register (49 FR 8985,15254, and Project Name: Memphis, Tennessee (FR Doc. 85-26319 Filed 11-4-85; 8:45 am] (Geographic Area or MSA) MBDC 35681) announcing that the Government BILLING CODE 3510-21-M Project Identification Number: 04-10- of the United States had requested the 86004-01 Government of India to enter into Operated By: (Firm/Organization) consultations concerning exports to the National Oceanic and Atmospheric United States of cotton dressing gowns Project periods. 1 2 3 Total Administration in Category 350 and cotton coveralls and vests in Category 359 (only T.S.U.S.A. Project start and Western Pacific Fishery Management end dates. 4/1/86- 4/1/87- 4/1/88- 4/1/86- numbers 379.6410, 383.5027, 379.0258, Council; Public Meetings 3/31/87 3/31/88 3 /3 1 /8 9 3 /3 1 /8 9 379.0654, 379.3949, 379.5700, 379.5820, The Western Pacific Fishery 383.0648, 383.0652, 383.4200, and 383.4320), produced or manufactured in Project duration.... 112 1 12 1 12 >36 Management Council will convene a Basic MBDC public meeting, November 4-5,1985, India. portion. $209,091 (*)(*)(*) SCS portion...... 20,909 from 10 a.m. to 5 p.m., at the Convention The purpose of this notice is to Federal funding Center, Rainmaker Hotel, Pago Pago, announce that, pursuant to the level (85%). 230,000 Minimum non- American Samoa, and on November 6, consultations held September 10-13, Federal cost 1985, from 9 a.m. to 2 p.m., at the Guest 1985, the United States Government has sharing (15% ). 40,588 House, Ofu, Manua Islands, America agreed to withdraw the specific limits Total on these categories at this time. Should project Samoa. cost During an open session, the Council it become necessary to discuss these (100% ). 270,568 will elect officers for 1986; discuss the categories with the Government of India 1 Months. status of the National Marine Fisheries at a later date, further notice will be 2 To be determined based upon available M8DA funds. Service’s review of the Bottomfish published in the Federal Register. In the letter published below the Chairman of Closing Date for Submission of this Framework Fishery Management Plan the Committee for the Implementation of Application: December 6,1985. (FMP); discuss Amendment # 3 to the Geographic Specification: The Spiny Lobster FMP which eliminates the Textile Agreements directs the Minority Business Development Center 15 percent allowance of undersized Commissioner of Customs to cancel the shall offer assistance in the geographic spiny lobsters and establishes a import control limits previously area of: Memphis, Tennessee. minimum tail width of 4.8 centimeters; established for these categories. Eligibility Criteria: There are no review the NOAA program budget Walter C. Lenahan, eligibility restrictions for this project. process and discuss other Council Chairman, Committee for the Implementation Eligible applicants may include business. On November 6, the Council o f Textile Agreements. individuals, non-profit organizations, will meet the fishermen and chiefs of the October 31,1985. for-profit firms, local and state villages in Ofu to discuss fishing Commissioner of Customs, governments, American Indian Tribes, problems in the area. During a closed Department o f the Treasury, Washington, and educational institutions. session (not open to the public) on D.C. 20229 P ro jec t P erio d : The competitive award November 4, from 9 a.m. to 10 a.m., the Dear Mr. Commissioner T h is directive period will be for approximately three Council will discuss personnel matters. cancels and supersedes those portions of the years consisting of three separate directive of December 21,1984 concerning project periods. Performance A detailed agenda is available from the Council’s office. For further information imports of cotton textile products in C ateg o ry evaluations will be conducted, and 350 and parts of Category 359, 1 produced or funding levels will be established for contact Kitty M. Simonds, Executive each of three project periods. The MBDC Director, Western Pacific Fishery Management Council, 1164 Bishop 1 In Category 359, only T.S.U.S.A. numbers will receive continued funding, after the 379.6410, 383.5027, 379.0258, 379.0654, 379.3949, initial competitive year, at the discretion Street, Room 1405, Honolulu, HI 96813; 379.5700, 379.5820, 383.0648, 383.0652, 383.4200, and of MBDA based upon the availability of telephone: (808) 523-1368. 383.4320. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45927 .... TrH linfrW nWrrT1”* ' 1 ' " "" ’ " i ' n— — W F P — —— *— a— — manufactured in India and exported during improvements in, the defense as possible but no later than 30 the twelve-month period which'began on procurement system and acquisition November 1985, to: Dana N. Sakamoto, January 1,1985 and extends through process. Comments should be mailed to Western Division, Naval Facilities December 31,1985. the Commission, 736 Jackson Place, Engineering Command, P.O. Box 727, The Commission for the Implementation of N.W., Washington, D.C. 20503, attention; Textile Agreements has determined that this Code 203, San Bruno, CA 94066-0720. action falls within the foreign affairs Paul S. Stevens (General Counsel). Dated: October 30,1985. Three (3) copies of all comments should exception to the rulemaking provisions of 5 William F. Roos, Jr., U.S.C. 553(a)(1). be received as soon as possible, but in Lt, JAGC, U.S. Naval Reserve, Federal Sincerely, any event not later than December 6, Register Liaison Officer. Walter C. Lenahan, 1985. [FR Doc. 85-26333 Filed 11-4-85; 8:45 am] Chairman, Committee for the Implementation FOR FURTHER INFORMATION CONTACT: BILLING CODE 3810-AE-M of Textile Agreements. Herbert E. Hetu (Public Affairs), 1201 [FR Doc. 85-26349 Filed 11-4-85; 8:45 am] Pennsylvania Avenue, N.W., Suite 700A, BILUNG CODE 3510-DR-M Washington, D.C. 20004, (202) 638-0799 or 395-3198. DEPARTMENT OF EDUCATION Linda M. Lawson, National Advisory and Coordinating DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison Officer, Department of Defense. Council on Bilingual Education; Hearing Office of the Secretary November 1,1985. [FR Doc. 85-26445 Filed 11-4-85; 8:45 am] President’s Blue Ribbon Commission SUMMARY: This notice sets forth the on Defense Management; Request for BILLING CODE 3810-01-M schedule and proposed agenda of a Comments forthcoming meeting of the National Advisory and Coordinating Council on agency: Office of the Secretary DOD. Department of the Navy Bilingual Education. Notice of this meeting is required under section ACTION: Request for comments. Intent To Prepare a Draft 10(a)(2) of the Federal Advisory Environmental Impact Statement for summary: The President’s Blue Ribbon Committee Act. This document is Commission on Defense Management Acquisition of Lands Within Range Safety Zones at Naval Air Facility, El intended to notify the general public of requests all interested persons to submit their opportunity to attend. for its consideration written comments Centro, CA DATES: December 6,1985, a public on the adequacy of, and possible Pursuant to section 102(2) (C) of the hearing will be held in Puerto Rico. The improvements in, the defense National Environmental Policy Act hearing will be held at: Universitario procurement system and acquisition (NEPA) and the Council on Metropolitano, 176 Rio Piedras (Cupiy), process. Environmental Quality Regulations (40 Puerto Rico, 00928. (809) 765-6633. SUPPLEMENTARY INFORMATION: CFR 1506.6), the Department of the Navy December 12,1985, a public hearing Execution Order 12526 of July 15,1985, will prepare an Environmental Impact will be held in El Paso, Texas. The charges the Commission to study the Statement (EIS) for proposed land hearing will be held at: Thomas Rivera issues surrounding defense management acquisitions within range safety zones at Conference Center, The Student Union and organization, and report its findings Naval Air Facility (NAF) El Centro, Building, University of Texas at El Paso, and recommendations to the President. California. El Paso, Texas 79968. (915) 747-5247. As its primary objective, the The NAF El Centro is a support December 13,1985, a public hearing Commission is studying defense facility for fleet air squadrons will be held in Houston, Texas. The management policies and procedures. It performing tactical air training including hearing will be held at: The Conference is reviewing, among other matters, the air-to-air and air-to-ground weapons Room of Houston Independent School defense procurement system and training. Two target ranges are involved District Annex, 3310 Cummins Street, acquisition process, including; in the land acquisition proposal. Land in Houston, Texas 77027. (713) 488-9336. (1) The adequacy of the defense these ranges has been used for Navy All hearings will be held from 9:00 industrial base; training purposes in the past under a.m .—4:30 p.m . (2) Current law governing Federal and Memoranda of Understanding, Department of Defense procurement Cooperative Agreements, and land FOR FURTHER INFORMATION CONTACT: activities; withdrawals; Some of these have Paul Balach or Sharon Hawk, (3) Department directives and expired or may become inoperative in Designated Federal Officials, Office of management procedures; and the future. Therefore, the Navy must Bilingual Education and Minority (4) The execution of acquisition consider alternatives for acquiring Languages Affairs, Reporter’s Building responsibilities within the Military interest in the target ranges to continue Number (6) Room 5026, 400 Maryland Departments. operations while ensuring public safety Avenue, SW., Washington, DC 20202, The Commission also is considering and compatible land uses. (202) 245-2600. appropriate means for implementing its Alternatives to be evaluated include: SUPPLEMENTARY INFORMATION: The recommendations. (a) Land withdrawal, (b) Acquisition in National Advisory and Coordinating All interested persons are invited to fee, (c) Rights-of-ways, (d) Easements, Council on Bilingual Education is file written comments for the (e) Leases, (f) Condemnation, (g) No established under section 752(a) of the Commission’s consideration in Action. Bilingual Education Act (20 U.S.C. 3262). connection with its review of the Affected Federal, state and local NACCBE is established to advise the procedures and activities of the agencies and other interested parties are Secretary of the Department of Department of Defense associated with invited to submit written comments Education concerning matters arising in the procurement of military equipment regarding the scope and significant the administration of the Bilingual and material. Comments should address issues to be analyzed in the EIS. Education Act and other laws affecting the adequacy of, and possible Comments should be submitted, as early the education of limited English 45928 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices proficient populations. On November 22, requests as required by the Paperwork Recordkeeping Burden Recordkeepers: 1985, in consonance with the Council’s; 'N- Reduction Act of 1980. 3,283; Burden Hours: 1,641.5. mission to advise in the preparation of DATES: Interested persons are invited to A b stra ct: This form is needed for regulations under the Bilingual submit comments on or before more efficient and effective debt Education Act, testimony will be heard December 5,1985. collection practices for recovering on the following topics which impact on ADDRESSES: Written comments should outstanding loan indebtedness under the the bilingual community: be addressed to the Office of Education, College Housing Loan Program, Pub. L. (1) Local educational programs for Office of Management and Budget, 726 81-475, as amended. language-minority Students with limited- Jackson Place, NW., Room 3208, New Type of Review Requested: NEW English proficiency. Executive Office Building, Washington, Title: Institutional Quality Control Pilot (a) Type of programs DC 20503. Requests for copies of the Project for the Pell Grant, Campus- (b) Program evaluation procedures proposed information collection (c) Entry/exist procedures requests should be addressed to Based and Guaranteed Student Loan (d) Teacher certification requirements Margaret B. Webster, Department of Program, (e) Availability and adequacy of staffing Education, 400 Maryland Avenue, SW., Agency Form Number: E40-9P (f) Funding sources Room 4074, Switzer Building, Frequency: One-time (2) Business, industry, and private Washington, DC 202Ô2. Affected Public: Individuals or assistance in helping educate minority- FOR FURTHER INFORMATION CONTACT: households; Non-profit institutions; language limited-English proficient Margaret B. Webster (202) 426-7304. Small business or organizations students. SUPPLEMENTARY INFORMATION: Section Reporting Burden Responses: 120; (3) Language-minority students 3517 of the Paperwork Reduction Act of Burden Hours: 1,920 1980 (44 U.S.C. Chapter 35) requires that success in acquiring the necessary skills Recordkeeping Burden Recordkeepers: the Office of Management and Budget for the business world. 0; Burden Hours: 0. Witness should notify the following (OMB) provide interested Federal A b stra ct: A group of postsecondary individuals of their intention to testify: agencies and the public an early institutions eligible for funds under Title Puerto Rico: Nestor Gonzales (809) 765- opportunity to comment on information collection requests. OMB may amend or IV of the Higher Education Act of 1965, 6633. waive the requirement for public as amended, will participate in pilot El Paso: Irene Rosales (915) 747-5247. consultation to the extent that public testing of a quality control system. The Houston: Dr. Esther Lee Yao (713) 488- participation in the approval process major goal of this project is to determine 9336. would defeat the purpose of the to what degree quality control can be The following procedures shall be information collection^ violate State or established at the institution, thereby observed during the public hearings: Federal law, or substantially interfere reducing reporting and other regulatory (1) Witnesses shall be heard on a first with any agency’s ability to perform its requirements burdens. Pilot institutions come basis. statutory obligations. will complete questionnaires and will be (2) Witnesses shall limit their The Deputy Under Secretary for interviewed as part of the evaluation testimony to ten minutes. Management publishes this notice process. (3) All testimony shall be tape containing proposed information Office of Educational Research and recorded. collection requests prior to the Improvement (4) Exceptions to the aforementioned submission of these requests to OMB. procedures shall be at the discretion of Each proposed information collection, Type of Review Requested: REVISION the Chairperson. grouped by office, contains the Title: Library Services and Construction Records are kept of all Council following: (1) Type of review requested, Act (Pub. L. 98-480) Application and proceedings and are available for public e.g., new, revision, extension, existing or Project Plans for State Administered inspection at the Office of Bilingual reinstatement; (2) Title; (3) Agency form Programs—Titles I, II, and III Education and Minority Languages number (if any); (4) Frequency of the Agency Form Number: ED 921 and ED Affairs, Reporter’s Building, Room 421, collection; (5) The affected public; (6) 400 Maryland Avenue, SW., Reporting burden; and/or (7) 915 Washington, DC 20202, Monday through Recordkeeping burden; and (8) Abstract. Frequency: Annually Friday from 8:00 a.m.—4:30 p.m. OMB invites public comment at the Affected Public: States Dated: October 17,1985. address specified above. Copies of the Reporting Burden Responses: 54; Burden Carol Pendas Whitten, requests are available from Margaret Hours: 2,430 Webster at the address specified above. Director, Off ice of Bilingual Education and Recordkeeping Burden Recordkeepers: Minority Languages A ffairs. Dated: October 31,1985. 0; Burden Hours: 0. [FR Doc. 85^-26343 Filed 11-4-85; 8:45 am) Linda M. Combs, A b stra ct: The application, consisting BILLING CODE 4000-01-M Deputy Under Secretary for Management. of the Basic State Plan, the Long-range Program and the Annual Program, is a Office of Postsecondary Education required submission from States in order Notice of Proposed Information Type of Review Requested: NEW to receive Federal funds under Title I Collection Requests Title: Loan Management—College (Library Services), Title II (Public Housing and Academic Facilities Library Construction), and Title III a g e n c y : Department of Education. Program (Interlibrary Cooperation and Resource a c t io n : Notice of proposed information Agency Form Number: E40-11P Sharing) of the Library Services and collection requests. Frequency: Annually Construction Act, as amended by Pub. L- Affected Public: State or local 96-480. s u m m a r y : The Deputy Under Secretary governments: Non-profit institutions for Management invites comments on Reporting Burden Responses: 3,283; [FR Doc. 85-26368 Filed 11-4-85: 8:45 amj the proposed information collection Burden Hours: 13,132 BILLING CODE 400D-1-M Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45929

DEPARTMENT OF ENERGY Service under the proposed Schedule entirety Amendment Number One and E provides for firm transmission service Amendment Number Two to the F e d e ra l Energy Regulatory from the interconnection with other Contract for Interchange Service and Commission utilities to the interconnection point that Exhibit A to the Contract for [Docket Nos. ER86-32-0D0 et at.] with the City of Piqua for power Interchange Service is amended and purchased by Piqua from the Power replaced in its entirety with an attached Green Mountain Power Corp. et al.; Authority of the State of New York Exhibit A. Electric Rate and Corporate (PASNY). The schedule reflects the FPL states that the proposed Regulation Filings City’s intention to purchase firm power Amendment Number Four will have no from PASNY requiring transmission effect on sales, services, or revenues. November 1,1985. service for the initial period November FPL requests waiver of Section 35.5 of Take notice that the following filings 1,1985 through May 31,1991. the Commission’s Regulations be have been made with the Commission: Comment date: November 7,1985, in granted to permit the proposed accordance with Standard Paragraph E 1. Green Mountain Power Corporation Amendment Number Four to become at the end of this notice. effective as of the date of the completion [Docket No. ER86-32-000] 4. Florida Power & Light Company of the reversal of the physical Take notice that Green Mountain modifications made pursuant to Power Corporation (GMP) on October P ocket No. ER86-28-000] Amendment Number One. FPL states 17,1985 tendered for filing as a rate Take notice that Florida Power & Light that copies of the filing were served schedule an executed agreement dated Company (FPL) on October 16,1985 upon FPC. as of August 8,1985 between GMP and tendered for filing a document entitled Comment date: November 7,1985, in Vermont Marble Company (VM). The “Amendment Number Four to Contract accordance with Standard Paragraph E proposed rate schedule provides for the for Interchange Service Between Florida at the end of this notice. sale of non-firm energy by GMP to VM. Power & Light Company and Florida 5. Citizens Energy Corporation GMP states that a copy of die filing Power Corporation.” Also enclosed in was served on VM, as well as the the filing was a Certificate of [Docket No. EL86-2-000] Vermont Public Service Board and Concurrence to the proposed Take notice that on October 11,1985, Vermont Department of Public Service. Amendment by Florida Power Citizens Energy Corporation ("Citizens”) Comment date: November 7,1985, in Corporation (FPC). tendered for filing a petition for a FPL states that under the Amendment accordance with Standard Paragraph E declaratory order pursuant to Section Number One to the Contract for at the end of this notice. 207 of the Commission’s Rules of Interchange Service the Parties modified Practice and Procedure, requesting the 2. The Empire District Electric Company the 230 kV interconnection facilities Commission to clarify the scope of between FPC’s North Longwood Pocket No. ER86-27-000] sections 203 and 205 of Part 11 of the Substation and FPL’s Sanford Plant as Take notice that The Empire District Federal Power Act, and to waive the described in Exhibit A of that Contract Electric Company (EDE) on October 16, application to Citizens of certain of the so as to increase the inter-system power 1985 tendered for filing FERC Electric Commission’s regulations under the Act. transfer capability of the Tariff 1st Revised Volume No. 1, section Citizens seeks clarification and 6,9th Revised Sheet No. 22, INDEX OF interconnection facilities, reduce losses and to improve the reliablility of the waivers in respect of its proposed PURCHASERS; and a service agreement electric energy transactions. Such with Kansas Electric Power bulk power supply system for both FPC’s and FPL’s customers in the east transactions will involve Citizen’s Cooperative, Inc, (KEPCO) of Topeka, purchase of wholesale electric power Kansas. central Florida geographic area. FPL and FPC agreed in Amendment Number One and energy from utilities with excess The service agreement filed between that following the expiration or generating capacity for resale to electric EDE and KEPCO will replace the service termination of that Amendment the utilities with excess generating capacity agreement between EDE and Sekan Parties would reverse the physical for resale to electric utilities at rates Electric Cooperative, Inc. of Girard, modifications to the transmission which would be economically attractive Kansas filed with FERC, January 10, facilities and return the transmission to the purchasing utilities. Citizens' role 1984, in Docket No. ER84-206-000. No facilities to their original electrical in such transactions will be that of an change is required in rate schedules, configuration which existed prior to the intermediary, bringing willing sellers terms of agreement or facilities. modifications made pursuant to and purchasers of electric energy Comment date: November 7,1985, in Amendment Number One. The term of together, for the purpose of creating accordance with Standard Paragraph E Amendment Number One, as extended special financial assistance funds. Such at the end of this notice. pursuant to a Letter of Agreement for funds will be used to provide financial 3. The Dayton Power and Light Extension of Term of Amendment assistance of last resort to low-income, Company Number One, dated April 30,1985, needy electric customers of the expires on or before 12.01 a.m., participating utilities. Pocket No. ER86-30-000] November 1,1985. Citizens states that clarification of Take notice that The Dayton Power FPL states that under the proposed Section 203 of the Federal Power Act and Light Company on October 17,1985, Amendment Number Four the terms and (“Act”) is necessary in order to assure tendered for filing, proposed changes in conditions of Amendment Number One that the funds created by Citizens’ its Interconnection Agreement with the shall remain in full force and effect until proposed electric energy transaction City of Pique, Ohio. The proposed the contemplated reversal of the would not constitute "facilities” the changes would increase revenues from physical modifications made pursuant to disposition of which would be subject to sales and services to the City of Piqua Amendment Number One has been Commission approval under section by approximately $30,120 per year, completed. FPL further states upon such 203(a) of the Act. If the funds are based on a 12-month period ending completion this Amendment Number deemed to be "facilities” and thereby August 31,1985. Four shall supercede and replace in their subject to the Commission’s authority, 45930 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

Citizens argues that it may be unable to to intervene or protest with the Federal The circumstances presented in the enter into its proposed transaction. Energy Regulatory Commission, 825 applications appear to meet the criteria Citizens also requests clarification that North Capitol Street, N.E., Washington, for consideration on an expedited basis, its payments to such funds would not be D.C. 20426, in accordance with Rules 211 pursuant to § 2.77 of the Commission’s deemed to constitute a return on and 214 of the Commission’s Rules of rules as promulgated by Order No. 436, investment for purposes of any Practice and Procedure (18 CFR 385.211 issued October 9,1985, in Docket No. regulation of Citizens’ rates by the and 385.214). All such motions or RM85-1-000, all as more fully described Commission pursuant to section 205 of protests should be filed on or before the in the applications which are on fi1e the Act. comment date. Protests will be with the Commission and open to public In addition, Citizens requests waivers considered by the Commission in inspection. of or blanket approvals under various determining the appropriate action to be In accordance with the provisions of regulations of the Commission in order taken, but will not serve to make § 2.77 of the Commission’s rules, we to limit the administrative burden protestants parties to the proceedings. shall provide for a notice period not to imposed upon Citizens in light of Any person wishing to become a party exceed 15 days. Accordingly, any person Citizens’ non-profit and public service must file a motion to intervene. Copies desiring to be heard or to make any character. Such request for waivers or of this filing are on file with the protests with reference to said Commission and are available for public approvals pertains to: the Commission’s applications should on or before inspection. accounting and periodic reporting November 14,1985, file with the Federal requirements, Parts 101,104, 41, 50 and Kenneth F. Plumb, Energy Regulatory Commission, 141; the annual charge provided for in S ecreta ry . Washington, DC 20426, a petition to Section 36.1; regulations concerning [FR Doc. 85-26501 Filed 11-4-85; 8:45 am] intervene or a protest in accordance interlocking directorships and offices, BILUNG CODE 6717-01-M with the requirements of the Parts 45 and 46; Part 34 concerning Commission’s Rules of Practice and future issuance of securities and Procedure (18 CFR 385.211, 385.214). All assumptions of liability, rate schedule [Docket No. CI82-4-001, et al.] filing requirements, Subpart B and C of protests filed with the Commission will Exxon Corp.; Applications for Part 35; and the filing fee for the petition be considered by it in determining the Certificate and Abandonment of under § 381.302 of the Commission’s appropriate action to be taken but will Service1 Rules of Practice and Procedure. not serve to make the protestants Comment date: November 7,1985, in October 31,1985. parties to the proceeding. Any person wishing to become a party in any accordance with Standard Paragraph E Take notice that the applicant listed at the end of this notice. herein has filed applications pursuant to proceeding herein must file a petition to intervene in accordance with the Standard Paragraphs section 7 of the Natural Gas Act for authorization to abandon service and to Commission’s Rules. E. Any person desiring to be heard of sell natural gas in interstate commerce, Kenneth F. Plumb, to protest said filing should file a motion as described herein. S ecreta ry .

Price per Pressure Docket No. and date filed Applicant Purchaser and location Mcf ■ base

CI82-4-001, B, Oct 25, 1985...... Exxon Corporation P.O. Box 2180, Houston, Texas 77252- United Gas Pipe Line Company High Island Block A-570, $4.091 14.73 2180. Offshore Texas *. C I86-40-000, A, Oct. 29, 1985...... Humble Gas Transmission Company, High Island Block A - 2.1839 14.73 570, Offshore Texas 2 .

1 Pursuant to the expedited procedures set forth in Order No. 436 issued October 9, 1985, in Docket No. RM 85-1-000, Applicant requests a two-year limited term abandonment ol production in excess of United's daily requirements stating that section 102(d) gas has been shut-in by United due to lack of demand. United will receive take-or-pay credit for any gas which is both released by United and sold to others. Applicant alleges it will experienced drainage and a substantial amount of condensate production will be shut-in if abandonment authority is not approved. 8 Pursuant to the expedited procedures set forth in Order No. 436 issued October 9,1985, in Docket No. RM85—1-000, Applicant requests a Limited-Term Certificate of Public Convenience and Necessity with Pre-Granted Abandoment for a period of two years from the date of authorization. Application proposes to sell gas under a contract dated July 1, 1985. Filing Code: A—Initial Service. B—Abandonment. C—Amendment to add acreage. D—Amendment to delete acreage. E—Total Succession. F—Partial Succession.

[FR Doc. 85-26321 Filed 11-4-85; 8:45 am] BILUNG CODE 6717-01-M ACTION: Notice. following ICR is available for review and comment. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION SUMMARY: Section 3507(a)(2)(B) of the AGENCY Paperwork Reduction Act of 1980 (44 Nanette Liepman, (202) 382-2742 or FTS 382-2742. U.S.C. 3501 e t s e q .) requires the Agency [OPPE-FRL-2918-4] to publish in the Federal Register a SUPPLEMENTARY INFORMATION*. notice of proposed information Agency Information Collection Office of W ater collection requests (ICRs) that have Activities Under OMB Review National Pollutant Discharge been forwarded to the Office of Elimination System (NPDESJ AGENCY: Environmental Protection Management and Budget (OMB) for Agency (EPA). review. The ICR describes the nature of Note.—EPA is requesting a renewal for the the solicitation and the expected impact, following report. No changes are proposed. 1 This notice does not provide for consolidation and where appropriate includes the Title: NPDES Discharge Monitoring for hearing of the matters covered herein. actual data collection instrument. The Report (EPA #0229). Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45931

Abstract: A facility discharging Environmental Protection Agency, actions that took place between April wastewater must obtain a permit, Region IV, Grants Administration 13,1979, and August 1,1984. These periodically monitor its discharges, and Unit, 345 Courtland Street, NE., documents show an extended period of Report to EPA or the State permit Atlanta, Georgia 30365. austerity in the State government Authority. EPA and the States use the Kentucky Natural Resources and prompted by revenue shortfalls. The Bata to determine compliance with Environmental Protection Cabinet, November 1,1984, submittal is part of permit limitations. Division of Air Pollution Control, 18 the TSD to this notice. The 26 items are: Respondents: Businesses, publicly- Reilly Road, Bldg. 2, Fort Boone Plaza, 1. April 13,1979: Personnel Memo No. owned treatment works, and other Frankfort, Kentucky 40601. 85-Abolishment o f vacant positions facilities discharging wastewater. FOR FURTHER INFORMATION CONTACT: (A tta ch m en t A). * * * * * William H. McBride of EPA Region IV’s All vacant permanent full-time Comments on all parts of this notice Grants Administration Unit at the positions from November 1,1978, were may be sent to: address listed above or call 404/881- abolished at the close of business on Nanette Liepman, U.S. Environmental 4415 (FTS 257-4415). April 16,1979. | Protection Agency, Office of SUPPLEMENTARY INFORMATION: 2. January 11,1980: Personnel Memo ! Standards and Regulations (PM-223), N o. 8 0 -2 —Reducing State Employment Regulation and Information Background (A ttach m en t B ). ! Management Division, 401 M Street EPA provides financial assistance to Outlined in this memo is Governor ! SW., Washington, DC 20480 the Kentucky Division of Air Pollution Brown’s goal to reduce permanent full­ and Control for operation of its State Air time employees by a minimum of five Rick Otis, Office of Management and Pollution Control program through an percent by June 30,1980. Breakdowns Budget, Office of Information and annual cooperative agreement. EPA are by Cabinets or Agencies. [ Regulatory Affairs, New Executive awards the cooperative agreement 3. Ja n u a ry 31,1980: E m p loy m en t Office Building (Room 3228), 726 pursuant to Section 105 of the CAA (42 Freeze (Attachment C). Jackson Place NW., Washington, DC U.S.C. 7405). Section 105(b) contains the 20503. Governor Brown’s directive placing a following criteria: freeze on employment of individuals for Dated: October 30,1985. . . . No agency shall receive any grant merit system positions. Daniel J, Fiorino, under this section during any fiscal year 4. July 11,1980: Governor’s Cutback Acting Director, Regulation and Information when its expenditures of nonfederal funds for Policy (Attachment D). Division. ■ v > other than nonrecurrent expenditures for air As a result of a $279 million revenue [FR Doc. 85-26261 Filed 11-4-85; 8:45 am] pollution control programs will be less than shortfall in FY 80-81 in the general, 31 LUNG CODE 65SO-50-M its expenditures were for such programs road, Ind capital construction funds, the during the preceding fiscal year, unless the Administrator, after notice and opportunity Governor initiated this cutback policy [A-4-FRL-2918—5] for public hearing, determines that a which included: a. No allotments of general fund Air Pollution Control; Proposed reduction in expenditures is attributable to a non-selective reduction in expenditures in the dollars for new and/or expanded Actions on Clean Air Act Grant to programs of all executive branch agencies of programs unless approved by the Kentucky the applicable unit of Government . . . Governor. agency: Environmental Protection b. Unrestricted agency fund balances Agency. On June 26,1984, the Kentucky Natural Resources and Environmental Protection would be used to finance general action: Solicitation of comments; Cabinet (KNREPC), in the context of operations in lieu of general fund opportunity for public hearing. Section 105(b) of the CAA and dollars. Also, general fund allotments appropriate federal regulations, were to be reduced by available agency summary: This notice announces the funds. State of Kentucky’s request that EPA requested that EPA consider certain c. The current capital construction Nge specific State reductions in non- nonfederal funding nonselective. That freeze was to be continued through the federal matching funds as nonselective request is part of the technical support fiscal year. with regard to the provisions of section document (TSD) for this notice. EPA 105(b) of the Clean Air Act (CAA). EPA responded in a letter dated August 23, 5. September 4,1980: Personnel Memo solicits public comment on this proposal, 1984, also part of the TSD for this notice, No. 80-22—Abolishment o f Unnecessary and announces the opportunity for a asking Kentucky to submit additional Vacant Positions (Attachment E). Public hearing. documentation to clarify specific details Directive to abolish all vacant of their request. If EPA were to positions deemed unnecessary. pate: Comments must be received by disapprove the request regarding Notification was to be given to the ¡■PA Region IV by December 5,1985. nonselective funding reductions and to Department of Personnel by October 16, addresses: Written comments and/or determine Kentucky ineligible for 1980. 'uquest for hearing should be addressed assistance under Section 15 of the CAA, 6. January 22,1981: Robert L. Warren, o William H. McBride of EPA Region the State would be required to return Executive Director, O ffice o f Policy and ^'s Grants Administration Unit (see assistance funds for which they were Management (Attachment F). Region IV address below). Copies of the then not eligible. On November 1,1984, Notification that 75% of all unspent ^formation submitted by Kentucky may Kentucky supported their request by general fund capital outlay monies had examined during normal business providing a chronological list and been withdrawn. (See attachment for tours at the following locations: discussion of twenty-six relevant State specific dollar amounts.) 45932 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

7. M arch 12,1981: Executive Budget other positions where there were State hiring, a freeze on Capitol Cutback Plan, Fiscal Year 1981-82 specific needs. construction projects, a freeze on (Attachment G). 17. June 10,1982: Personnel Memo No. vehicle and equipment purchases, a 8. July 21,1981: Letter to Governor 82- 13—Guidelines for Hiring freeze on letting of State highway Brown from Secretary Swigart (Attachment QJ. contracts, and a freeze on personal responding to reducing Cabinet’s FY 81- Because of personnel cutbacks, service contracts. 82 general fund allotment (Attachment critical vacancies existed. Guidelines 25. M arch 15,1984: Budget Cuts in the, H). were established in order to 1982-84 Biennium (Attachment X). The Cabinet was directed by the accommodate these vacancies. Also; Summary of cabinetwide budget cuts Governor to propose a 6% reduction. any position establishment had to be as of March 1984. The attachment gives the total amount accompanied by an abolishment. 26. August!, 1984: Freeze on for each Bureau within the Cabinet. 18. July 1982: Department for Natural Discretionary Expenditures Further breakdowns by Bureaus are Resources and Environmental (A ttach m en t Y). attached. (See Attachment H-l, 2, 3, and Protection 1980-82 General Fund Budget The freeze on discretionary 4.) (Attachment O, pages 1, 2, and 3). expendures continued. 9. July 28,1981: Executive Budget Six percent cut from 1981-82 budget. EPA met with KNREPC and DAPC Cutback Plan, Fiscal Year 1981-82 19. March 1,1983: Personnel Memo representatives on January 8,1985, and (Attachment I). 83- 5—Internal Promotional Program again on January 23,1985, to clarify the 10. August 14,1981: Governor Brown’s (Attachment R). State’s submittal to specify only those letter to the Legislative Research This program was established in an requests that they believed to be Commission (Attachment J). Secretary’s effort to meet statewide personnel needs absolutely necessary. As a result of the O rder No. 82-96—Statewide general by utilizing on-board employees. fund appropriate reductions in order to 20. April 27,1983: Freeze o f meetings, all parties agreed that Kentucky’s request to EPA Region IV balance the 1982 budget. Discretionary Expenditures IT. S ep tem b e r 4 ,1 9 8 1 : A M an ag em en t (Attachment S). could be summarized and broken down Plan to M eet Employment Reductions Because of a 4.8 percent shortfall in as follows: (A ttach m en t K ). general fund receipts between March 1. The Financial Status Report (FSR) Employment constraints were placed 1982 and March 1983, a freeze was submitted by Kentucky for the FY-83 on all hiring from outside state placed on discretiohary expenditures. Section 105 cooperative agreement government. Unnecessary vacant, Also, agencies were requested to lapse a reported $2,218,306 as the State share. permanent full-time positions were to be minimum of two percent of their general Nether the cooperative agreement on abolished. All vacant, permanent part- fund appropriations for FY 83. any other documentation prior to June time positions and summer seasonal 21. July 27,1983: Freeze of 26,1984, requested that any portion of positions were to be abolished. A layoff Discretionary Expenditures this amount be determined non­ plan was to be implemented. (Attachment T). recurrent. 12. O ctober 1,1981:1982 State Budget The Revenue Cabinet, in its official 2. Kentucky is requesting that $80,700 Refereince Document—Office for Policy receipt report for the general fund, budgeted for expenditure in FY-84 but and Management—Department of indicated a $42 million revenue shortfall lost through a statewide funding Finance (Attachment L). for FY 83. Therefore, a freeze was reduction be determined by EPA to be a 13. Jan u ary 11,1982: Personnel Memo placed on discretionary expenditures for State government-wide non-selective No. 82-1—Seasonal Temporary, FFTL FY 83-84. expenditure reduction as allowed under Employment (Attachment M). 22. Septem ber 7,1983: Letter from Section 105(b) of the Clean Air Act. Cutbacks on hiring these types of M erl Hackbart, State Budget Director 3. Kentucky is requesting that $186,900 positions. (Attachment U). lost from a receipt fund account through 14. F ebru ary 22,1982: Em ploym ent Another series of budget reductions a Governor’s Office action be Constraints and Internal M obility resulted because of a predicted $118 determined by EPA to be a State (A ttachm ent N). million shortfall in general fund revenue government-wide non-selective All vacant positions were abolished for FY 84. Therefore, there was a three expenditure reduction as allowed under March 1,1982. Vacancies created by percent general fund reduction, agency/ Section 105(b) of the Clean Air Act. The employee turnovers were to be filled . general funds were cut backhand lost receipt funds were programmed for internally. No new positions were to be competitive pay was reallocated (five expenditure in FY-84. created between February and June 1982 percent annual increments were reduced EPA Region IV determined to respond unless request was accomplished by an to two percent effective July 1,1984; July to Kentucky’s requests as follows: abolishment of another position. Most 1985 annual increments will become 1. This is informational and no open examinations were closed from three percent). For more detail, refer to response is necessary. March 16 to July 1. An evaluation team the State Executive Budget. 2. EPA intends to determine that the was established to assist agencies in 23. October 20,1983: Secretary’s $80,700 was part of a non-selective reaching their personnel reduction goals. Order No. 84-160 (Attachment V). statewide reduction. This issue is 15. March 1982: Department for This order directed a reduction of addressed in III below. Natural Resources and Environmental appropriations and other actions in 3. While the Governor’s Office policy Protection 1980-82 General Fund order to prevent an overdraft or deficit decision to impound all receipt funds Budget—five and one-half percent in the finances of the Commonwealth of appears nonselective, the impact of this budget cut from 1981-82 original budget Kentucky. policy was uneven. EPA requested that (Attachment O, pages 1, 2, and 3). 24. February 22,1984: No Tax Budget/ Kentucky withdraw this portion of their 16. A p ril2 6,1982: Personnel Memo Contingency Financial Planning request. No. 8 2 -6 —Jo b B an k (A ttachm ent P). (Attachment WJ. The basis for EPA's proposed action is In order to reduce hiring from the Statewide general fund appropriations expressed in the discussion below. outside, a Job Bank was established. reductions were implemented as a result Determination that $80,700 red u ctio n State employees could transferred to of no tax increases, namely, a freeze on in State funding support in FY 83, was Federal Register / Voi, 50, No. 214 / Tuesday, November 5, 1985 / Notices 45933 part o f a non-selective statewide in the programs of all Kentucky Comprehensive Environmental reduction. A non-selective statewide executive branch agencies. Response, Compensation and Liability reduction is allowed under Section It is suggested that anyone wishing to Act of 1980 (CERCLA or “Superfund”), 105(b) of the CAA, and does not affect verify whether the public hearing is to or section 7003 of the Resource the State’s eligibility for receiving EPA be held should call the EPA office listed Conservation and Recovery Act assistance. Kentucky has requested that above. A shorter notice period is being (RCRA). The policy also establishes a FY-83 reduction in air program employed for this action (the usual Agency policy on consideration of support in the amount of $80,700 be period is 45 days) so the State will be treatment in connection with CERCLA considered a nonselective reduction. aware of EPA’s final decisions on the actions. The reduction occurred as a result of the reduction and the deviations as soon as Section 104 of CERCLA authorizes the Governor’s imposing a blanket funding possible. use of the Superfund for response reduction by the Kentucky General Dated: October 21,1985 whenever there is a release or a Fund. The reduction is verified in Jack E. Ravan, substantial threat of a release of any documentation included as part of hazardous substance into the Regional Administrator. Kentucky’s June 26,1984 submittal, environment or when there is a release namely: [FR Doc. 85-26357 Filed 11-4-85; 8:45,am] or substantial threat of release into the A. A December 17,1982, letter from BILLING CODE 6560-50-M environment of any pollutant or the Secretary of KNREPC to the State contaminant which may present an Budget Director indicates that the [SW-FRL-2918-6] imminent and substantial endangerment Department for Environmental to public health or welfare. Action taken Protection, as directed, was reducing its Procedure for Planning and pursuant to this section must be budget by $87,400. In discussions with Implementing Off-Site Response consistent with the National Kentucky it was revealed that DAPC’s Actions Contingency Plan (NCP) (40 CFR 300) to share of this reduction was $29,100 the extent practicable. Section 106 of AGENCY: Environmental Protection B. A September 8,1983, memorandum CERCLA authorizes the President to Agency. from KNREPC’s Administrative Services secure appropriate relief when there Department to various divisions in the ACTION: Notice. may be an imminent and substantial agency indicates a three percent endangerment to public health, welfare SUMMARY: EPA is requesting comments General Fund reduction, and that or the environment because of an actual on an interim policy the Agency has DAPC's share in the reduction was or threatened release of a hazardous $51,600. adopted for managing hazardous substances from actions taken under the substance. Section 7003 of RCRA The $29,100 and the $51,600 reductions authorizes the EPA Administrator to Comprehensive Environmental account for the $80,700 total reduction in secure appropriate relief whenever the Response, Compensation and Liability FY 83. Since the air program funds were handling, storage, treatment, Act of 1980 (CERCLA or “Superfund”) or reduced the same as other executive transportation or disposal of any section 7003 of the Resource branch funds EPA agrees with Kentucky hazardous waste may present an Conservation and Recovery Act that the reduction is nonselective, and imminent and substantial endangerment (RCRA). This document establishes according to Section 105 of the CAA, to public health or the environment EPA’s policy for the consideration of does not affect the State’s eligibility for When Superfund financed response treatment in connection with a response receiving Federal assistance. actions are taken by the government action whenever feasible. It also under section 104 of CERCLA, or actions Proposed Action establishes criteria for selecting any off­ are taken by private parties under site storage, treatment of disposal Based upon the above discussion and section 106 of CERCLA or Section 7003 facility which may be necessary in the information submitted by Kentucky, of RCRA, such actions often involve connection with a CERCLA or RCRA EPA proposes: transport of hazardous substances off­ 7003 action. To approve the State’s request to consider site to a facility regulated under Subtitle the $80,700 reduction in State funding as a d a t e s : Comments on this notice should C of RCRA. non-selective reduction, that is, one which be submitted by January 6,1986. The major purpose of this policy is to does not adversely affect the air agency’s a d d r e s s e s : Send Comments to—Office provide guidance on management of eligibility to receive Federal assistance (see of Waste Programs Enforcement, U.S. item HI of the preceding section). hazardous substances in connection Environmental Protection Agency, with these actions. Invitation to Comment, Opportunity for Sylvia Lowrance, W H -527,401M. St. Public Hearing SW, Washington, D.C. 20460. II. Text of Procedures Any person who desires to comment FOR FURTHER INFORMATION CONTACT: M em oran du m Sylvia Lowrance, (202) 382-4811. on this intended action or request a Subject: Procedures for Planning and public hearing may do so by writing to SUPPLEMENTARY INFORMATION: Implementing Off-site Response the contact person listed above. I. Background Actions. Comments must be received on or II. Text of Procedures From: Jack W. McGraw /s/ May 8,1985, before December 5,1985. A public hearing will be held if (and I. Background Acting Assistant Administrator. only if) a request for a public hearing is This notice solicits comments on an To: Regional Administrators, Region I- received at the EPA office listed above interim policy adopted by the U.S. X. by December 5,1985. The purpose of Environmental Protection Agency (EPA), This memorandum addresses such a hearing would be to take which governs the selection of a facility procedures that must be observed when testimony as to whether the reduction in for any off-site storage, treatment of a response action involving off-site expenditures for the KNREPC air disposal of hazardous substances which storage, treatment or disposal of Program is or is not attributable to a may be necessary in connection with a hazardous substances is selected under non-selective reduction in expenditures response action under the the Comprehensive Environmental 45934 Federal Register / Voi. 50, No. 214 / Tuesday, November 5, 1985 / Notices

Response, Compensation and Liability must be evaluated to determine if the contract award. Under the revisions, a Act of 1980 (CERCLA), and the Resource facility poses such conditions. If so, the facility that has significant RCRA Conservation and Recovery Act facility may not be used unless the violations or other environmental (RCRA). It prohibits use of a RCRA owner or operator commits to correct conditions that affect its satisfactory facility for off-site management of the problems and the unit to be used for operation may not be used unless Superfund hazardous substances if it disposal poses no problems. certain conditions are met. First, there has significant RCRA violations 1 or Section III discusses RCRA manifest must be a compliance agreement in other environmental conditions that requirements. Section IV discusses PCB place to correct all deficiencies at the affect the satisfactory operation of the disposal requirements. Finally, section V facility: second, the unit that is used facility. It also addresses requirements details how this policy will be must not cause or contribute to for analyzing and selecting response implemented. Attachment A is a chart significant problems at the facility. This actions that involve permanent methods summarizing the policy on use of off-site provision recognizes that in some of managing hazardous substances. RCRA facilities. This chart should be situations it is infeasible to complete In November of 1984, amendments to used in conjunction with the policy correction of all violations prior to using the Resource Conservation and document, not in lieu of it a facility (for example, it may take Recovery Act were enacted. These These procedures are applicable to all several years before pumping and amendments impose new requirements response and enforcement actions taken treatingof groundwater is completed) for the safe management of hazardous pursuant to CERCLA and Section 7003 and that there may be a unit at such a wastes. In the case of land disposal of RCRA. facility that is sound. facilities, the amendments require that This memorandum replaces guidance • L a n d D is p o sa l F a c ilitie s —The 1984 certain types of units (new, replacement entitled “Requirements for Selecting an RCRA amendments impose new and lateral extensions) be double lined Off-Site Option in a Superfund Response requirements on land disposal facilities. by May 9,1985. The amendments Action”, dated January 28,1983. This When use of such facilities is impose technical requirements to ensure policy is an interim one that the Agency contemplated, the policy requires that that when land disposal facilities are intends to publish as a notice in the the facility meet these minimum used they are used safely. Federal Register in order to receive technical requirements. EPA intends to follow the direction public comment on its provisions. After I. Background established by Congress in the RCRA reviewing these comments EPA will amendments when undertaking on-site determine whether revisions are Facilities that are not in compliance response actions and when response necessary. with RCRA requirements may be actions involve off-site management of These revisions strengthen previous unacceptable to use for treatment, hazardous substances. This requirements in several ways: storage or disposal of hazardous memorandum details how the Agency • C o v era g e—This memorandum substances from response actions. plans to achieve these goals. extends requirements to enforcement Facilities used for management of f- Section I of this memorandum actions under section 106 of CERCLA substances in connection with response discusses background issues. Section II and § 7003 of RCRA, and expands actions should not pose a significant A discusses the need to consider requirements for removal actions. threat to public health, welfare, or the treatment, recycling and reuse before • Use o f Treatment— These environment. off-site land disposal is used. Section II procedures require consideration of CERCLA contains two references to B details procedures that must be treatment, recycling or reuse for all off-site management of hazardous followed in selecting any off-site facility response and enforcement actions, to substances. First, CERCLA section for management of hazardous foster the use of more permanent 104(c) requires, as a condition of Fund- substances. This section also discusses solutions, and, in the case of remedial financed remedial response, that the the criteria to be used in making the actions, where cost-effective. The State assures the availability of an selection. For facilities in assessment Agency is not certain whether sufficient acceptable facility in compliance with monitoring, this part states that capacity is available at this time to use the requirements of Subtitle C of RCRA conditions which lead to and result from treatment in all cases where it is for any off-site management of being in assessment monitoring may feasible. As more information on hazardous substances. Second, where constitute conditions that render the capacity becomes available, the Agency remedial measures include off-site facility unsuitable for disposal of will re-examine requirements for storage, treatment, destruction or secure hazardous substances. Therefore, when treatment to determine whether they disposition, the statute also requires a facility is in assessment, the can be strengthened. The previous such measures to be more cost-effective conditions which lead to the required procedures did not address use of than other remedial measures, create assessment, and any monitoring data, treatment. new disposal capacity in compliance • Requirements for a Treatment, with Subtitle C of RCRA or be necessary 1 A significant violation includes a Class I Storage or Disposal Facility —Previous to protect public health, welfare or the violation as defined by the RCRA Enforcement guidance required inspection within 12 environment from a present or potential Response Policy (December 21,1984). This policy defines a Class I violation as a violation that results months before contract award for risk which may be created by further in a release or a serious threat of release of storage, treatment or disposal. The exposure to substances. Section hazardous waste into the environment, or involves revisions require inspection within six 300.65(b)(6) of the National Contingency the failure to assure that ground water will be months of actual storage, treatment or Plan (40 CFR 300) states that when off­ protected, that proper closure and post closure activities will be undertaken, or that hazardous disposal. It also stated that if a facility site action is taken in connection with a wastes will be destined for and delivered to RCRA had deficiencies that resulted in removal action the facility used for off­ permitted or interim status facilities. The policy unsound treatment, storage or disposal site management must be in compliance contains a list of examples of violations which are practices it should not be used. The with Subtitle C of RCRA. This Class I violations. Regions should recognize that violations other than Class I violations may be guidance also required RCRA Violations memorandum establishes procedures for significant for purposes of these procedures, that adversely affected facility implementing these CERCLA and NCP depending on the situation at the facility. performance to be corrected prior to provisions. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45935

These procedures apply to all A. Treatment survey being undertaken in support of removal, remedial, and enforcement It is EPA’s policy to pursue response the implementation of the 1984 RCRA actions taken pursuant to CERCLA and actions that use treatment, reuse or amendments. section 7003 of RCRA. Any other parties recycling over land disposal to the B. Requirements for Selecting Storage, undertaking cleanup under other greatest extent practicable, consistent Treatment or Disposal Facilities. authorities are urged to comply with with CERCLA requirements for cost- these procedures. In the case of effective remedial actions. EPA requires Selection of an appropriate facility for Superfund-financed removal actions or that such alternatives be considered for off-site management of hazardous enforcement actions taken as a removal all Fund-financed and private party substances requires that a judgment be action in response to an immediate and removal and remedial actions. For Fund- made as to the overall acceptability of significant threat, compliance with these financed removals or enforced actions the facility to receive the substances procedures is mandatory unless the On- in response to immediate and significant and the acceptability of the unit that Scene Coordinator (OSC) determines threats, treatment, reuse or recycling will receive the hazarous substances. In that the exigencies of the situation must be considered, unless the OSC making this judgment the following require off-site treatment, storage or determines that treatment, reuse or steps must be observed: disposal without following the recycling methods are not reasonably 1. The owner or operator of any requirements. This exception may be available considering the exigencies of hazardous waste management facility used in cases where the OSC believes the situation, or they pose a significant under consideration for off-site storage, that the immediacy of the threat posed environmental hazard. treatment or actions under CERCLA or When developing remedial by the substances makes it imperative section 7003 of RCRA must have an alternatives, treatment, reuse or to remove the substances and there is applicable RCRA permit or interim recycling must be considered. Such insufficient time to observe these status.2 alternatives should not be screened out procedures without endangering public 2. A RCRA compliance inspection on the basis of cost alone. Section must be performed at any hazardous health, welfare or the environment. In 300.68(h)(1) of the NCP allows rejection such cases, the OSC should consider, to waste management facility before it can of alternatives during the screening receive hazardous substances from a the extent possible, temporary solutions stage based on cost, only when the cost (e.g., interim storage) in order that the response action. This inspection must of the alternative far exceeds the cost of assess whether there are any significant feasibility of using treatment can be others (e.g., by an order of magnitude) evaluated prior to a decision to use land violations or other environmental and does not provide substantially conditions that affect the satisfactory disposal. Also, in such cases, the OSC greater public health and environmental must provide a written explanation of operation of the facility. The RCRA benefits. compliance inspection must have taken his decision to the Regional Detailed analysis of these alternatives place not more than six months prior to Administrator. This explanation should should include consideration of long­ the storage, treatment or disposal of the be provided within 60 days of taking the term effectiveness of treatment and hazardous substances from a response action. In Regions in which authority to comparative long and short term costs action. If the inspection has not taken make removal decisions has not been of treament as compared to other place or is not scheduled, REM/FIT. fully delegated by the Regional remedial alternatives. Finally, when contractor personnel may conduct the Administrator, the decisions discussed recommending and selecting the inspection under the direction of the above must be made by the Regional appropriate remedial action, treatment, Deputy Project Officer, working in official that is delegated removal reuse or recycling may be found more cooperation with RCRA Region decision making authority. protective of public health and the personnel. If Regions use contractor environment than land disposal. Such personnel, the Region should ensure that II. Procedures for Selecting Hazardous alternatives may be recommended as such personnel are adequately trained Waste Management Facilities the appropriate remedial action where to conduct inspections. Further guidance the detailed analysis of alternatives This section discusses in detail the on conducting inspections when a shows that the alternative is more cost- requirements Regions must follow in facility is being considered for effective than others in minimizing the assessing and selecting an off-site management of hazardous substances damage to public health, welfare or the RCRA facility for management of will be issued in the near future. The FY environment. During the next six Superfund hazardous substances. Part A 85 and FY 86 RCRA Implementation requires consideration of treatment, months, EPA will be developing additional guidelines for evaluating the recycling or reuse for on-site and off-site comparative long-term costs of 2 Both permits and interim status apply to specific actions in order to foster the use of more wastes and specific storage, treatment or disposal treatment and land disposal. permanent methods of managing processes. The Remedial Project Manager (RPM) or At this time, the Agency does not hazardous substances. These policies OSC must determine that the facility's permit or know the current and projected interim status includes the wastes that would be are consistent with directions taken by treatment capacity available, nor the transported to the facility and the type of process Congress in the 1984 amendments to the needs or capacity that will be required for which wastes are being taken to the facility. Resource Conservation and Recovery Because of these concerns, it is important that for Superfund actions in the future. Over facility selection be coordinated with RCRA Act. Furthermore, Part B of this section the next several months, the Agency personnel. However, not all CERCLA substances establishes procedures Regions must use plans to undertake a study of available are hazardous wastes under RCRA Therefore, it is in selecting an off-site RCRA facility for possible that a particular permit may not cover a treatment and interim storage capacity hazardous substance that may be taken to the management of hazardous substances. and needs. Once completed, this anaysis RCRA facility if it is not a hazardous waste. Where off-site land disposal must be will provide information on treatment Moreover, in some situations a hazardous substance used, this Part requires that disposal facilities currently operating for Regions under CERCLA may trigger disposal requirements facilities be in compliance with the under other laws (for example, PCBs and some to use. Additional information on radioactive substances). In such cases the applicable technical requirements of capacity will be provided at a later date applicable requirments of these other laws must be RCRA. through a more comprehensive capacity observed. 45936 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

Plans establish compliance monitoring provisions (for example, PCBs may be consider the nature and quantity of the and enforcement targets. For FY 85 the disposed of in a TSCA approved substances and whether it is feasible to guidance requires Comprehensive disposal facility and radioactive treat the substances prior to land Ground Water Monitoring Evaluations materials in a radioactive materials disposal to mitigate any adverse effects. (CGMEs) at one third of the ground disposal facility). This disposal must be No Superfund hazardous substances water monitoring facilities. Top consistent with section 104(c)(3) of shall be taken offsite to a RCRA facility priorities for this type of inspection are CERCLA, when applicable. if the Region determines that the facility all facilities receiving wastes form 4. Interim status land disposal has significant RCRA violations or other Superfund sites. facilities under consideration for off- environmental conditions that affect the In States with Phase I or II interim sited disposal must have adequate satisfactory operation of the facility, authorization or final authorization, the ground water monitoring data to assess unless both of the following conditions inspection should be conducted in whether the facility poses a threat to are met: accordance with State regulations or ground water.3 Due to the lack of (1) The owner or operator must permit conditions. EPA Regions should compliance with RCRA ground water commit, through an enforceable always involve States when undertaking requirements, available data may not be agreement (i.e., consent order or decree), an inspection at a RCRA facility that is adequate to assess the facility. to correct the problem. The agreement likely to accept Superfund wastes. Moreover, lack of evidence of Regions must use the results from the contamination from the monitoring data must be signed before the facility may inspection, along with other information, does not necessarily mean the facility is receive the hazardous substances. In to determine whether the facility is an secure. The monitoring data may be addition, the Regional Administrator acceptable one. faulty. In addition, there may be other must determine that the agreement is 3. It is EPA’s policy to minimize the problems at the facility such as air likely to result in correction of the use of land disposal in accordance with emissions or surface run-off. Where problem and the owner or operator of the direction taken by Congress in doubt exists concerning the the facility is capable of compliance amending RCRA. Where land disposal is acceptability of a facility, an on-site with the terms of the agreement; and used, these amendments establish new. inspection should be undertaken to (2) Disposal only occurs within the . technical standards for land disposal specifically address these concerns. facility at a new or existing unit that is facilities. New disposal units, lateral Where possible, this on-site inspection in compliance with RCRA requirements. expansions and replacement units should be part of the required RCRA The new or existing unit must not (defined as of November 8,1984) of compliance inspection. contribute in any significant way to interim status landfills and surface 5. Using information gathered from the adverse conditions at the facility. impoundments must have at least two compliance inspection, other data liners and a leachate detection, sources (e.g., RCRA facility permit data), III. Manifest Requirements collection and removal system above (in any other facility visits and all other If an off-site option is chosen, a the case of landfills) and between the relevant information, Regional Offices manifest for the transportation of the liners, if they receive wastes after May must evaluate and make a judgment on hazardous waste must be obtained. The 8,1985. All Fund-financed and enforced the acceptability of using the facility for manifest must be in compliance with response actions (removal and remedial) storage, treatment or dispoal of RCRA for the transportation of involving the off-site disposal of hazardous substances. For the facility as hazardous wastes. The manifest must be hazardous substances must involve use a whole, this evaluation should consider a Uniform Hazardous Waste Manifest in of disposal facilities that are in whether there are any RCRA violations compliance with requirements in 40 CFR compliance with applicable RCRA or other environmental conditions4 at 262 (see 49 F R 10490, March 20,1984). minimum technical requirements. This the facility which affect its satisfactory The lead agency or other party means that units first receiving wastes operation. This evaluation should undertaking the cleanup must ensure after November 8,1984 cannot receive include consideration of facility that the transporter properly notifies. wastes after May 8,1985 if not double operations as well as whether there are Where the lead agency allows lined. The RCRA statute does allow physical conditions at the facility that contractors to fill out the manifest, the continued use of existing units after that pose a significant threat to public health, agency should ensure that the manifest date. In considering whether to use an welfare or the environment. For is properly filed. existing unit that does not meet the facilities in assessment monitoring, the double liner requirements, the Agency conditions which lead to required IV. PCB Disposal Requirements will consider the toxicity, persistence assessemnt monitoring, as well as and mobility of the hazardous resulting monitoring data, must be Requirements for the disposal of PCBs substances and the need to segregate evaluated. The evaluation also should are established in 40 CFR 761.60. these substances from others. Such a Generally, these regulations require that unit can be used only if it is shown to 3 All remaining land disposal permit applications whenever disposal of PCBs are adequately protect public health and the will be requested in FY 1985. These applications undertaken, they must be incinerated, environment. contain summaries of ground water monitoring data unless the concentrations are less than obtained during the interim status period, and are 50 ppm. If the concentrations are CERCLA hazardous substances which required to identify any plume contamination. are not hazardous wastes under RCRA 4It is recognized that the RCRA regulations may between 50 and 500 ppm, the rule may, in some circumstances, be not at this time cover all environmental conditions provides for certain exceptions that disposed of in other legal units. In such at the facility. Regional offices may consider other provide alternatives to the incineration environmental factors at the facility under requirements. The principal alternative cases, disposal should take place in consideration including other State and/or Federal accordance with other legal environmental laws. If a facility is in assessment is disposal in an EPA approved landfill requirements. Hazardous substances monitoring, the conditions which lead to assessment for PCBs. Landfills used for PCB which are not hazardous wastes may be monitoring may constitute environmental conditions disposal must be inspected within six that adversely affect facility operations. In such months prior to disposal. Regions must taken to a RCRA unit under the terms cases, Regions should assess the conditions at the outlined in the preceding paragraph, or facility prior to using the facility for Superfund determine the acceptability of the to a unit legal under other statutory purposes. facility based on the same criteria used Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45937 to evaluate RCRA facilities in Section the settlement agreement (See the notice in the Federal Register. II.B.5. Interim CERCLA Settlement Policy, Part Comments regarding the paperwork- VII; Thomas, Price, Habicht, December burden aspects of the request should be V. Implementation 5,1984). directed to: Office of Management and Beginning November 6,1985 all If the response action is proceeding Budget, Office of Information and Records of Decision (RODs) and under a Federal-lead, the Regions should Regulatory Affairs, Washington, D.C. Enforcement Decision Documents work with the Corps of Engineers or 20503, Attention: Desk Officer for the (EDDs) for Superfund-lead and EPA Contracts Officer to negotiate a Federal Home Loan Bank Board. enforcement lead actions, respectively, contracts modification to an existing The Board would appreciate must include a discussion of compliance contract, if necessary. If the response commenters sending copies of their with these procedures for alternatives action is proceeding under a State-lead, comments to the Board. involving off-site management of the Regions should amend the Requests for copies of the proposed Superfund hazardous substances at cooperative agreement. Exceptions for information collection request and RCRA facilities. Decision documents for existing contracts and cooperative supporting documentation are removal actions also should include agreements may be allowed on a case- obtainable at the Board address given discussion of compliance with these by-case basis by the appropriate below: Director, Information Services procedures. It is recognized that actual Headquarters Office Director. Section, Office of Secretariat, Federal off-site facility information will not be All Regions must adopt procedures to Home Loan Bank Board, 1700 G Street available at the ROD stage. However, implement and continually monitor NW., Washington, D.C. 20552, Phone: the RI and FS should use actual off-site compliance with these requirements. 202-377-6933. facilities in costing remedial The procedures must include FOR FURTHER INFORMATION CONTACT: alternatives, in order to have cost designation of a management official Parker Jayne, Office of Examinations figures that are as accurate as possible. who is responsible for providing and Supervision. Telephone: (202) 377- It is recognized that additional facilities information on RCRA facilities in the * 6488. are likely to be considered during the Region to other Regions. It is the By the Federal Home Loan Bank Board. bidding process. Any facility ultimately responsibility of the Region in which the Jeff Sconyers, selected for disposal, treatment or RCRA off-site facility is located to storage must meet the requirements of assess the acceptability of the facility in S ecretary . this policy. consultation with the Region planning to [FR Doc. 85-26351 Filed 11-4-85; 8:45 am] Provisions requiring compliance with ship wastes to the facility. The names of BILLING CODE 8720-01-M these procedures must be included in these officials should be provided to the any contracts for response, cooperative Office of Waste Programs Enforcement Security Trust Savings & Loan agreements with States undertaking by May 21,1985. These names will then Association, Oak Ridge, TN; Superfund response and all enforcement be forwarded to all Regions. If you have Appointment of Receiver agreements. For ongoing projects, these any questions concerning these provisions will be implemented as procedures, please contact Sylvia K. follows: Notice is hereby given that pursuant Lowrance (FTS 382-4812). RI/FS: The Regions shall immediately to the authority contained in section notify Agency contractors and States Dated: October 7,1985. 406(c)(1)(B) of the National Housing Act, that (1) alternatives for off-site J.W. McGraw, as amended, 12, U.S.C. 1729(c)(1)(B) management of wastes must be Acting Assistant Administrator. (1982), the Federal Home Loan Bank Board duly appointed the Federal evaluated pursuant to the provisions of [FR Doc. 85-26355 Filed 11-4-85; 8:45 am] Savings and Loan Insurance - this policy, and (2) consistent with the BILLING CODE 6560-50-M policy on other environmental laws, Corporation as sole receiver for Security treatment alternatives should not be Trust Savings and Loan Association, ' dropped during the screening stage. FEDERAL HOME LOAN BANK BOARD Oak Ridge, Tennessee on October 25, RD: The Regions shall immediately 1985. notify Agency contractors, the States, [No. 85-976] Dated: October 31,1985.' and the U.S. Army Corps of Engineers Financial Report for Wholly Owned Jeff Sconyers, that all remedies that include off-site Service Corporations S ecretary . disposal of hazardous substances must [FR Doc. 85-26350 Filed 11-4-85; 8:45 am] comply with the provisions of this policy October 31,1985. BILLING CODE 6720-01-M pertaining to selection of an acceptable a g e n c y : Federal Home Loan Bank off-site facility. Board, RA: The Regions shall immediately a c t io n : Notice. assess the compliance status of land FEDERAL MARITIME COMMISSION disposal facilities receiving hazardous s u m m a r y : The public is advised that the Controlled Carriers; Under the wastes from ongoing projects. For a Federal Home Loan Bank Board has Shipping Act of 1984 facility not in compliance, the Region submitted a request for reinstatement of should take immediate steps to bring the its information collection, “Financial AGENCY: Federal Maritime Commission. facility into compliance with the policy. Report for Wholly Owned Service ACTION: Deletion From List of Controlled Enforcement: Actions currently under Corporations,” to the Office of Carriers. negotiation and all future actions must Management and Budget for approval in comply with these procedures. Existing accordance with the Paperwork SUMMARY: The Federal Maritime agreements need not be amended. Reduction Act (44 U.S.C. Chapter 35). Commission is removing South African However, EPA reserves the right to Comments: Comments on the Mariné Corporation Limited (Safmarine) apply these procedures to existing information collection request are from the list of controlled carriers which agreements, to the extent it is consistent welcome and should be submitted was previously published in the Federal with the release and reopener clauses in within 15 days of publication of this Register on July 11,1983. Recently 45938 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 /'Notices received information reveals that the Bangladesh Shipping Corp.—Bangladesh Reserve Bank indicated. Once the majority ownership and control of Black Sea Shipping Company—U.S.S.R. application has been accepted for Safmarine is no longer held by the Black Star Line—Ghana processing, it will also be available for Government of South Africa and China Ocean Shipping Co. (COSCO)— inspection at the offices of the Board of Safmarine, therefore, no longer meets People’s Republic of China Governors. Interested persons may the definition of a controlled carrier Compagnie Maritime Zairoise (SMZ)— express their views in writting to the pursuant to section 3(8) of the Shipping Zaire Reserve Bank or to the offices of the Act of 1984. Copagnie Nationale Algérienne de Board of Govmors. Any comment on an DATE: Effective November 5,1985. Navigation—Algeria application that requests a hearing must FOR FURTHER INFORMATION CONTACT: Companhia de Navegacao Loide include a statement of why a written Bruce A Dombrowski, Acting Secretary, Brasileiro—Brazil presentation would not suffice in lieu of Federal Maritime Commission, 1100 L Djakarta Lloyd P.T.-—Indonesia a hearing, identifying specifically any Street, NW., Washington, D.C. 20573, Egyptian National Line—Egypt questions of fact that are in dispute and (202)523-5725. Empresa Maritime del Estdo (Empremar summarizing the evidence that would be SUPPLEMENTARY INFORMATION: Section 9 Line)—Chile presented at a hearing. of the Shipping Act of 1984 (46 U.S.C. Far Eastern Shipping Co. (FESCO)— Unless otherwise noted, comments app. 1702) provides for the regulation of U.S.S.R. regarding each of these applications rates or charges of certain state-owned Flota Bananera Ecuatoriana S.A.— must be received not later than or controlled carriers operating in the Ecuador November 25,1985. foreign commerce of the United States. Flota Mercante Gran Centro Americana A. Federal Reserve Bank of Chicago A “controlled carrier" is defined as "an S.A. (Flomerca)—Guatemala (Franklin D. Dreyer, Vice President) 230 ocean common carrier that is, or whose MISR Shipping Company (MISR)—Egypt South LaSalle Street, Chicago, Illinois operating assets are, directly or Murmansk Shipping Co. (Arctic Line)— 60690: indirectly, owned or controlled by the ♦U.S.S.R. 1. American Fletcher Corporation, government under whose registry the National Galleon Shipping Indianapolis Indiana; to acquire at least vessels of the carrier operate. . . .” (46 Corporation—Philippines 53 percent of the voting shares of First U.S.C. app. 1702(8)). Neptune Orient Lines (NOL)—Singapore American National Bancorp, Plainfield, South African Marine Corporation Pakistan National Shipping Indiana, thereby Indirectly acquiring Limited (Safmarine) was classified as a Corporation—Pakistan First American National Bank, controlled carrier on January 23,1980. Peruvian State Line—Peru Plainfield, Indiana. On May 15,1985, Safmarine (Petitioner) Pharaonic Shipping Co. (S.A.E.) 2. First Colonial Bankshares filed a Petition requesting a (Pharaonic)—-Egypt Coropration, Chicago, Illinois; to acquire determination that it be found not to be Polish Ocean Lines—Poland 100 percent of the voting shares of a controlled carrier. Petitioner advised Shipping Corporation of India—India Community Bank and Trust Company of that the majority shareholder, Industrial Sudan Shipping Line Limited—Sudan Edgewater, Chicago, Illinois. Comments Development Corporation (IDC), a South Transportes Navieros Ecuatorianos on this application must be received not African Government investment (Transnave)—Ecuador later than November 21,1985. company, sold all but a small percentage The process of identification and B. Federal Reserve Bank of Kansas of its shares of Safmarine stock to classification of controlled carriers is City (Thomas M. Hoenig, Vice President) private investors. Safmarine is now a continuous. The list as shown will be 825 Grand Avenue, Kansas City, wholly-owned subsidiary of a newly amended as such carriers enter and Missouri 64198: formed company called Safren which leave the United States trades. 1. Eudora Banchshares, Inc., Eudora, came into existence as a result of a By the Commission October 29,1985. kanasas; to become a bank holding merger between Safmarine and Rennie Bruce A. Dombrowski, company by acquiring 93.93 percent of Consolidated Holdings Limited. IDC Acting Secretary. the voting shares of kaw Valley State retains less than five percent of stock in Bank, Eudora kansas. Comments on this [FR Doc. 85-26365 Filed 11-4-85; 8:45 am] Safren, the holding company which application must be received not later owns 100% of the stock of Safmarine. BILUNG CODE 6730-01-M than November 27,1985. Petitioner states further that neither IDC nor the Government of South Africa Board of Governors of the Federal Reserve System, October 30,1985. now have the right to appoint, or FEDERAL RESERVE SYSTEM disapprove the appointment of, a James McAfee, American Fletcher Corp. et at.; majority of the directors and the chief Associate Secretary of the Board. Formations of; Acquisitions by; and operating or executive officers of the FR Doc. 85-26324 Filed 11-4-85; 8:45 am] Mergers of Bank Holding Companies carrier, BILLING CODE 6210-01-M The Commission has reviewed the The companies listed in this notice Petition and information received from have applied for the Board’s approval the Government of South Africa and has under section 3 of the Bank Holding [Docket No. R-0555] concluded that South Africa Marine Company Act (12 U.S.C. 1842) and Federal Reserve Bank Services Corporation Limited should no longer be § 225.14 of the Board’s Regulation Y (12 considered a controlled carrier as CFR 225.14) to become a bank holding AGENCY: Board of Governors of the defined in section 3(8) of the Act. company or to acquire a bank or bank Federal Reserve System. Therefore, the Commission is deleting holding company. The factors that are ACTION: Request for comment. South African Marine Corporation considered in acting on the applications Limited from its list of non-exempt are set forth in section 3(c) of the Act (12 SUMMARY: The Board is requesting controlled carriers. U.S.C. 1842(c)). comment on the issue of consolidating The amended list is shown below: Each application is available for the provision of Federal Reserve Bank Baltic Shipping Co.—U.S.S.R. immediate inspection at the Federal priced service activities. The general Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / "Notices 4^§39 issue is presented by a proposal to services. In the letter case, the The Board believes that the consolidate the noncash collection discontinued service would be provided consolidation of operations or provision activities of the Federal Reserve Banks by another Federal Reserve office. This of services across District lines is an of San Francisco and Minneapolis at the latter type of consolidation could occur issue that might have a significant Federal Reserve Bank of Minneapolis. intra- or interdistrict but has only taken longer-run effect on the nation’s date: Comments must be received by place on a intra-district level to date. payment system and the Federal November 29,1985. The Minneapolis and San Francisco Reserve’s role in that system. As ADDRESS: Comments, which should refer Reserve Banks plan to consolidate changes in the payments system occur, to Docket No. R-0555, may be mailed to Twelfth District noncash collection it may be appropriate to consolidate Mr. William W. Wiles, Secretary, Board activities at the Minneapolis Reserve some activities at a District or regional of Governors of the Federal Reserve Bank. This plan raises the issue of level either to reduce costs or to provide System, 20th Street and Constitution consolidation of activities across improves to the payments mechanism. Avenue NW., Washington, D.C. 20551, District lines with one Reserve Bank For certain depository institutions, this or delivered to Room B-2223 between ceasing to provide a service completely. would entail dealing directly in some 8:45 a.m. and 5:15 p.m. Comments The service involved in this services with Reserve Banks other than received may be inspected at Room B - consolidation is noncash collection, the Reserve Bank of their District. The 1122 between 8:45 a.m. and 5:15 p.m., which consists primarily of collecting Board has therefore determined to except as provided in § 261.6(a) of the maturing municipal notes and bonds and request public comment on the general Board’s Rules Regarding Availability of interest coupons from paying agents. issue of consolidation of operations as Information, 12 C.F.R. §261.8(a). This activity is expected to experience well as the specific proposal to volume declines over time as a result of FOR FURTHER INFORMATION CONTACT: consolidate the noncash collection the registration requirements in the Tax activities of the Federal Reserve Banks Elliott C. McEntee, Associate Director Equity and Fiscal Responsibility Act (202/452-2231) or Gerald D. Manypenny, of San Francisco and Minneapolis at the (“TEFRA”) and the industry movement Minneapolis Reserve Bank. Commenters Manager (202/452-3954), Division of to immobilization and book-entry Reserve Bank Operations; Daniel L. are asked to discuss what restrictions, if securities systems. As volume declines, Rhoads, Senior Attorney (202/452-3711) any, should be placed on future difficulties in achieving cost-revenue consolidation proposals and any other Legal Division: or Joy W. O’Connell, matches may be created by costs that do Telecommunication Device for the Deaf factors that should be considered in not decline as rapidly since a significant (202/452-3244), Board of Governors of portion of the costs are fixed costs (e.g., reviewing these proposals. the Federal Reserve System, vault space) or are incurred as a result By order of the Board of Governors of the Washington, D.C. 20551. of System custody standards. Federal Reserve System, October 30,1985. SUPPLEMENTARY INFORMATION: The It is anticipated that the San William W. Wiles, Federal Reserve System, in the past, has Francisco Reserve Bank would have to Secretary of the Board. realized some important benefits from increase its fees substantially in 1986 in [FR Doc. 85-28325 Filed 11-4-85; 8:45 am] intradistrict consolidation of selected order to continue providing noncash service activities. Based on System collection. Consolidating this activity in BILUNG CODE 6210-01-M experience to date, the Board believes Minneapolis will result in greater that in certain circumstances efficiency and facilitate continuing to consolidation presents a meaningful provide noncash collection on a national DEPARTMENT OF HEALTH AND opportunity to contain or reduce costs basis. The Minneapolis Reserve Bank HUMAN SERVICES while continuing to provide an has already been providing this system appropriate level of service to on a pilot basis and believes that Office of the Secretary | depository institutions nationwide. First, appropriate procedures are now in place j where local conditions such as fixed to ensure that cost/revenue concerns Delegation of Authority; Deputy costs, wage structures, et cetera make it will be met and that the level of service Assistant Secretary for Procurement, more costly to provide a service at one provided will meet System standards. Assistance, and Logistics location than it is to provide the same Minneapolis will charge a separate level of service from another location, it fee for collection of Twelfth District Notice is hereby given that the may be appropriate to consolidate the noncash items which, together with- Secretary of Health and Human Services activity at the lower-cost office. separate availability, schedules, 'delegated to the Assistant Secretary for Similarly, consolidation of an activity at recognizes the costs incurred in Management and Budget, who one office may result in economies of providing the service. Minneapolis’ redelegated to the Deputy Assistant scale not possible if two or more officers proposed Twelfth District coupon Secretary for Procurement, Assistance, are providing the same service. Also, collection fee of $4.00 per coupon and Logistics, the authority to grant geographic, and therefore envelope (including postage and waivers under 45 CFR Part 100, the HHS transportation, considerations may insurance) would be lower than the Regulations Implementing Executive suggest consolidation efforts and cross- current fee charged by the Twelfth Order 12372, Intergovernmental Review zone provision of services in order to District for in-District collections. This of Federal Programs. The Secretary promote the efficiency of the payments lower fee recognizes the economies of reserved the authority to approve and mechanism. scale that the Minneapolis office will issue regulations concerning Executive The consolidation process for priced realize by processing volume previously Order 12372. services may take several forms. One distributed over the five offices of the Dated: October 29,1985. activity could be provided across Twelfth District The Minneapolis John J. O’Shaughnessy, District or Territory lines with or Reserve Bank would also provide a without all Federal Reserve offices guaranteed credit availability schedule Assistant Secretary for Management and ; continuing to perform the service, or one which reflects the collection experience B u d get office could cease to provide one service that it has gained under the pilot [FR Doc. 85-28373 Filed 11-4-85; 8:45 am] but continue to provide other priced program. BILLING CODE 4150-04-M 45940 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

Statement of Organization, Functions guides and oversees the Department’s Management and Budget, the General and Delegations of Authority; Office of printing management programs. Services Administration, and other Management Analysis and Systems In carrying out its responsibilities, the external entities regarding the Office is the Department’s functional management of HHS information system Part A, Office of the Secretary, of the manager for guiding, monitoring, and resources. Statement of Organization, Functions, evaluating the Department’s procedures (a) The Division of Management and Delegations of Authority of the and operating practices in the areas Information Systems Planning and Department of Health and Human described above. Evaluation is responsible for: Services is amended. Chapter AMM AMM.10 Organization (1) Establishing information resources (Office of Management Analysis and management policies which govern the Systems) as last amended at 50 FR 30236 The Office of Management Analysis development and use of information on July 24,1985 is amended to reflect an and Systems under the supervision of resources throughout the Department. internal shift of functions within the the Deputy Assistant Secretary for (2) Developing and establishing a Office in order to improve the Management Analysis and Systems, departmental planning process for effectiveness of the Office of who reports to the Assistant Secretary relating information resources Management Analysis and Systems. for Management and Budget, consists of requirements to HHS programmatic and Chapter AML (Office *)f Budget) as last the following components: administrative needs. amended at 44 FR 28729 on May 16,1979 (3) Establishing policies covering the and Chapter AML3 (Division of Welfare Immediate Office use of information processing standards Budget Analysis) as last amended at 45 Office of Computer and Information throughout the Department. FR 29642 on May 5,1980 are amended to Systems (4) Establishing and maintaining the change the title of the Division of Division of Management Information Department’s inventory of information Welfare Budget Analysis to the Division Systems Planning and Evaluation systems. of Human Services Budget Analysis. The Division of Automatic Data (5) Providing policy guidance, changes to the Statement are as follows: Processing (ADP) and management planning, technical (1) Delete Chapter AMM (Office of Telecommunications Resources assistance, evaluation, and oversight for Management Analysis and Systems) in Division of Systems Applications the implementation of systems security its entirety and replace with the Office of Management Analysis processes and procedures for automated following: Division of Administrative Analysis Division of Management Systems information systems and computer Office of Management Analysis and Office of State Systems Standards and facilities throughout the Department. Systems Review (6) Planning automated information AMM.00 Mission Division of State Data Systems processes and systems to serve the AMM.10 Organization Payment Integrity Staff internal needs of components of the AMM.20 Functions Integrated Quality Control Assurance Office of the Secretary. (b) The Division Automatic Data AMM.00 Mission Staff Financial and Administrative Integrated Processing (ADP) and A. The Office of Management Management System Project Staff Telecommunications Resources is Analysis and Systems advises the responsible for: Secretary and the Assistant Secretary AMM.20 Functions (1) Establishing and overseeing a for Management and Budget on issues A. Immediate Office. The Immediate departmental voice and data and policies pertaining to the Office of the Office of Management telecommunications management management of the Department and the Analysis and Systems is responsible for program. utilization of information resources. directing, administering, and (2) Establishing procedures for, and B. The Office of Management coordinating the activities of the Office conducting evaluations of, the Analysis and Systems: (1) Recommends of Management Analysis and Systems. management and operational cost management policies; (2) implements B. O ffice o f Computer and Information effectiveness of existing ADP and approved policies and assesses their S y stem s. The Office of Computer and telecommunications equipment within effectiveness; (3) establishes Information Systems is responsible for: HHS component organizations. management control mechanisms and 1. Managing the HHS information (3) Evaluating for clearance purposes, administers the Department’s strategic resources management program in the cost effectiveness, technical planning and key initiative tracking accordance with the Paperwork adequacy, and regulatory/policy system; (4) analyzes organizational Reduction Act of 1980 (Pub. L. 96-511). compliance aspects as Departmental structures and management procedures 2. Developing and overseeing the ADP and telecommunciations and recommends improvements; (5) policies and procedures by which the procurement requests which require applies management science and Department plans, acquires, and Management and Budget and/or systems analysis techniques to the manages its information systems. General Services Administration assessment of managerial issues; (6) 3. Managing the provision of approval. guides and oversees the development of automated information system services (4) Providing technical and information systems; (7) implements the to components within the Office of the management evaluations of the Department’s policies on the collection, Secretary. Department’s long range ADP and processing, and storage of information; 4. Managing the development, telecommunications plans. (8) guides and overseas the implementation, and maintenance of (c) The Division of Systems Department’s implementation of the designated departmentwide computer- Applications is responsible for: requirements of the Paperwork based application systems including (1) Designing, developing, Reduction Act of 1980 (P.L. 96-511); (9) related policy development, resource implementing, and maintaining guides and oversees the Department’s acquisition, and support services. designated computer-based applications compliance with environmental and 5. Representing the Department in systems. This includes, for example, historic preservation statutes; and (10) interactions with the Office of management, policy development, and Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45941 resources acquisition related to die (1) Serving as the principal source of submissions to OMB and acting as a Departmental Accounting System, the advice to the Secretary on all aspects of point of contact with OMB on all issues Departmental Payment Management departmentwide organization analysis related to the Management Improvement System, and related subsystems, including: (a) Planning for new initiatives. software, and procedures for organizational elements; (b) evaluating (3) Serving as the principal departmentwide use. current organizational structures for departmental resource for carrying out (2) Performing all data base effectiveness; (c) conducting the review management evaluations of programs management and administration process for reorganization proposals; and major functions, and conducting functions for assigned systems. and (d) maintaining documentation of special studies and evaluations to (3) Assuring that applications are the entire HHS organization to the major resolve specific management problems properly integrated, where feasible, to office level. and issues, using a wide range of improve the timeliness and accuracy of (2) Administering the Department’s analytical methods including the administrative and management system for the review, approval, and application of quantitative analytical information, and to promote efficient documentation of delegations of techniques. authority. and effective use of resources. (4) Administering the Department’s (3) Overseeing HHS compliance with (4) Developing, maintaining, and special review procedures related to the the National Environmental Policy Act, overseeing the operation of systems, obtaining of advisory and assistance the National Historic Preservation Act, their specifications and software, and services. supporting the users/program sponsors and related statutes and Executive Orders. D. O ffice o f State Systems Standards in the development and acquisition of and Review. The Office of State the software and hardware necessary to (4) Coordinating the review of environmental impact statements Systems Standards and Review is meet approved departmental responsible for: requirements. developed by other Federal departments 1. Providing leadership for and (5) Assuring the physical and data and agencies. coordinating the development and security of assigned systems, and (5) Analyzing and recommending establishment of policies, standards, conducting risk analyses as necessary. action on Freedom of Information Act appeals for documents denied by and procedural guidance to improve and (6) Serving as a technical expert and stabilize State information systems adviser to the Operating Divisions, Staff officials in the Office of the Secretary. (6) Managing the HHS administrative funded by the Department. Divisions, and Regions on the computer directives system, with emphasis upon 2. Initiating and conducting special aspects (hardware, data base systems, incorporation of Secretarial directives projects directed toward improving the software, telecommunications) of into that system. payment integrity and the quality administrative and management (7) Analyzing and making assurance of HHS fuded programs. information systems. recommendations related to legislative (7) Supporting users/program 3. Identifying management problems proposals with potential impact upon sponsors in the development and the Department and the States face in the Department’s organizational maintenance of near-term and long-term the administration of HHS funded structure or managerial procedures. Information Resources Management programs and conveying these problems (8) Managing, in accordance with the with atematives for their solutions to (IRM) plans for the development and Paperwork Reduction Act of 1980, the operation of assigned systems. appropriate senior HHS officials. Department’s activities related to the C. Office o f Management Analysis. 4. Working closely with HHS and review and approval of all public-use other Federal program officials and their The Office of Management Analysis reports and recordkeeping requirements advises senior departmental officials on State counterparts to improve the which impose paperwork burden on the administration of HHS funded programs. management and administrative issues public. related to the effective and efficient 5. Providing leadership and guidance (9) Developing policies for and in the development and implementation operation of the Department’s programs. administering the Department’s The Office of Management Analysis is of policies and standards applicable to Information Collection Budget. systems development, payment responsible for: (10) Developing policies and integrity, and quality assurance 1. Developing and recommending procedures for, and carrying out' activities. management policies. analytical and oversight activities 2. Implementing approved policies and related to the Department’s paperwork (a) The Division of State Data assessing their effectiveness. burden reduction efforts. Systems is responsible for: 3. Analyzing organizational structures (11) Establishing departmental (1) Developing departmental policies and management procedures and statistical policies. and procedures under which States recommending improvements. (b) The Division of Management obtain Federal financial participation in 4. Coordinating the administration of Systems is responsible for: the cost of Automatic Data Processing the Department’s paperwork burden (1) Administering a strategic planning (ADP) systems to support programs reduction program. and key initiatives tracking process by funded under the Social Security A ct 5. Providing, advice on the accessing major HHS systems (e.g., (2) Acting as a central receiving point management aspects of proposed budget process, legislative process), for, and coordinating the departmental regulations, project proposals, and identifying major policy decisions, review and approval of, State requests policy issues requiring the Secretary’s combining them into a series of key for Federal funding in the cost of ADP approval. initiative tracks, and providing periodic system acquisition. 6. Administering the HHS status reports. (3) Coordinating the provision of management system(s) used by senior (2) Administering the Department’s technical assistance to States on Department officials to guide, track, and Management Improvement Program by information systems projects that will record management initiatives. overseeing OPDIV and STAFFDIV advance the use of computer technology (a) The Division of Administrative activities under major initiatives, in the administration of welfare and Analysis is responsible for: providing guidance on and coordinating social services programs in the States. 45942 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

(4) Managing the Department’s management and promoting the rapid Dated: October 29,1985. printing and copying activities by: adoption of successful and effective John J. O’Shaughnessy, (a) Providing policy guidance to and approaches by States and their Assistant Secretary for Management and oversight over the printing and copying integration into existing and evolving Budget. management programs carried out by State systems. [FR Doc. 85-26374 Filed 11-4-85; 8:45 am] the Department’s Operating Divisions; (6) Integrating the dissemination and BILLING CODE 4150-04-M and transfer of recognized and acceptable (b) Providing departmental liaison cost effective best approaches with with the Congressional Joint Committee current agency and departmental DEPARTMENT OF THE INTERIOR on Printing, the Government Printing meetings, forums, and expositions for Office, dnd other governmental entities review and consideration by State Bureau of Land Management concerned with printing and copying welfare agencies. [W-94208] management matters. (7) Providing leadership and guidance (5) Administering the Department's to interagency work groups in the area Wyoming; Proposed Reinstatement of programs for records, internal reports, of payment integrity initiatives when Terminated Oil and Gas Lease and forms (as components of senior officials of the Executive Branch information resources management) in request it of the Department. October 25,1985. accordance with the Paperwork Pursuant to the provisions of Pub. L. Reduction Act of 1980, and coordinating (c) The Integrated Quality Control Assurance Staff is responsible for: 97-451, 96 Stat. 2462-2466, and these programs with the General Regulation 43 CFR 3108.2-3 (a) and Services Administration and the (1) Providing management oversight to the implementation of major (b)(1), a petition for reinstatement of oil National Archives and Records and gas lease W-94208 for lands in Administration activities. Management Improvement initiatives directed toward improving quality Niobrara County, Wyoming was timely (6) Supporting the Government’s filed and was accompanied by all the Interagency Reports and Standard and control in the administration of federally funded programs. required rentals accruing from the date Optional. Forms Program, and of termination. coordinating the Department’s (2) Administering the day-to-day The lessee has agreed to the amended involvement with those programs. aspects of major quality control lease terms for rentals and royalties at (7) Implementing departmentwide initiatives which involve several rates of $10.00 per acre, or fraction management improvement initiatives in departmental components or, in the case thereof, per year and 16% percent, the areas of State systems, printing, and of interagency initiatives, several respectively internal paperwork management departments and/or independent The lessee has paid the required designated for special managerial agencies, when senior officials of the $500.00 administrative fee and $106.25 to attention, and for providing leadership Executive Branch request the reimburse the Department for the cost of to implement govemmentwide Department to provide this management Federal Register management improvement initiatives direction. this notice. The lessee has met all the requirements for when senior officials of the Executive (3) Developing and implementing reinstatement of the lease as set out in Branch request it of the Department. standards and policies for regulating section 31 (d) and (e) of the Mineral (b) The Payment Integrity Staff is integrated quality control activities of Lands Leasing Act of 1920 (30 U.S.C. responsible for: the Department and the Operating (1) Planning, designing, coordinating, 188), and the Bureau of Land Divisions. Management is proposing to reinstate and implementing major departmental (4) Monitoring quality assurance and govemmentwide management lease W-94208 effective May 1,1985, communications between officials and subject to the original terms and improvement initiatives involved in the staffs to affected Federal and State administration and operation of conditions of the lease and the agencies to assure open lines of increased rental and royalty rates cited federally funded programs. communications. (2) Serving as the departmental focal above. E. Financial and Administrative point for the development and Fred O’Ferrall, Integrated Management System implementation of strategies and Acting Chief, Leasing Section. (FAIMS) Project Staff. The FAIMS policies related to payment integrity and Project staff is responsible for: [FR Doc. 85-26334 Filed 11-4-85; 8:45 am] the associated areas of improved quality BILLING CODE 4310-22-M control, error reduction, and welfare 1. Developing, implementing, systems integration. overseeing the operation of, and (3) Convening and providing evaluating a uniform departmentwide Las Cruces District Advisory Council; leadership to work groups and task financial and administrative integrated Meeting forces to assess current grantee or management system. contractor systems with the goal of 2. Establishing departmentwide AGENCY: Bureau of Land Management examining the extent of wasteful standards for financial and (BLM), Interior. redundancy qnd inefficient systems administrative data. a c t io n : Notice of meeting. design and promoting creating solutions (2) Amend Chapter AML, Office of d a t e : December 3,1985,9:30 a.m. to these problems. Budget, Section AML.10 Organization, (4) Establishing minimum uniform by changing the title of the Division of ADDRESS: Bureau of Land Management, standards for the approval of integrated Welfare Budget Analysis to the Division 1800 Marquess Street, Las Cruces, New and appropriately interfaced welfare of Human Services Budget Analysis. Mexico 88005. management systems. (3) Amend Chapter AML3, Division of FOR FURTHER INFORMATION CONTACT: (5) Identifying and assessing grantee Welfare Budget Analysis by changing H. James Fox, District Manager, Bureau management and operational the title of the Division to the Division of of Land Management, 1800 Marquess approaches and policies in the areas of Human Services Budget Analysis Street, Las Cruces, New Mexico 88005, payment integrity and systems wherever it appears in Chapter AML3. (505)525-8228. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45943

SUPPLEMENTARY INFORMATION: The would be expected from implementing alternatives, because different agenda for the meeting will include: each of these alternatives addressing alternatives propose different actions in 1. Discussion of Issues and the the issues of: oil and gas leasing and different areas. Any one of these Resource Management Plan Process for development; locatable minerals alternatives could have been selected as the Socorro Resource Area. exploration and development; grazing the preferred alternative. The meeting will be open to the public allotment and wildlife habitat Significant scenic, cultural and and interested persons may make oral management; wilderness study wildlife values exist in portions of statements to the Council during an recommendations; forest management; Beaver Creek, Gas Hills, Lander Slope, allotted time period, beginning at 10:00 landownership adjustments and utility Red Canyon, Dubois Badlands, and a.m. and lasting for at least one-half corridors; recreation management, South Pass Management units, which hour. The District Manager may including off-road vehicle (ORV) warrant the focus of management’s establish a time for oral statements management; cultural and natural attention. Those areas would be depending on the number of persons history resource protection and designated as areas of critical wishing to make statements. management; and fire management. environmental concern by virtue of Four alternatives, summarized below, approval of this plan. H. James Fox, are presented in this document. Acting District Manager. OATE: Public comment period will end Alternative A, No Action, is a approximately February 14,1986 (90 (FR Doc. 85-28313 Filed 11-4-85; 8:45 am} continuation of present management, days after publication of the notice of BILLING CODE 4310-FB-M based on existing land-use plans. availability by the Environmental Additional alternatives to current Protection Agency). management were developed because of Wyoming; Draft Resource changing resource conditions and a need Public Hearings Management Plan/Environmental to modify the existing plans. Impact Statement for the Lander Public hearings will be held on Alternative B considers options to December 11 and 12,1985 in Dubois and Resource Area Alternative A for all resources. More Lander, Wyoming. On December 11, mineral development would be allowed 1985, one hearing will be held at 7:00 AGENCY: Bureau of Land Management, than under Alternative A, but protection p.m. at the Dubois Town Administrative Rawlins District Office, Rawlins, of other resources would be Building in Dubois, Wyoming. On Wyoming, Interior. accomplished through additional December 12, the hearing will be held at action restrictions of this development. : Notice of availability of the 7:00 p.m. at the Lander Valley High Alternative C would allow more mineral draft resource management plan/ School Multi-Purpose Room, in Lander, environmental impact statement (RMP/ development than Alternative B. Wyoming. EIS) for the Lander Resource Area, However, in order to protect other Following each hearing, a scoping Rawlins District, Wyoming. resources, management would be more meeting will be held for an intensive for nonmineral resources in Environmental Impact Statement on two SUMMARY: Pursuant to section 102(2)(c) order to offset impacts from mineral of the National Environmental development. additional wilderness study areas Protection Act of 1969, the Department Alternative D, the Perferred (Whiskey Mountain and Dubois of Interior, Bureau of Land Management, Alternative, is a combination of the Badlands). has prepared a draft RMP/EIS for the other alternatives. I.E., it incorporates Those wishing to testify at the public Lander Respurce Area, Wyoming. This sections from alternatives A, B, and C, hearings are epcouraged to do so. Oral document is available to the public. This and displays what BLM personnel presentations should not exceed 10 Draft Lander Resource Management believe to be the most balanced minutes. Those providing oral testimony Plan (RMP) and Draft Environmental approach to resource protection and should provide a written copy of their Impact Statement (DEIS) addresses production. testimony to the Hearings Officer. Those future management options for Each alternative was developed as a not providing oral testimony may submit approximately 2.5 million surface acres separate and complete multiple-use their testimony in writing to the and 2.7 million acres of Federal mineral plan. Therefore, each alternative offers Hearings Officer or send their comments estate administered by the Bureau of resource production and environmental to the address below. Land Management (BLM) through its protection measures. Cumulatively, the ADDRESS: Lander Resource Area, Lander Resource Aretf Office in Lander, differences among the alternatives are Sunflower Drive, P.O Box 589, Lander, Wyoming. The Lander Resource Area not great; there is no one alternative that Wyoming 82520, Attention Lander RMP encompasses public lands in parts of is totally oriented toward oil and gas Team Leader. five counties in west-central Wyoming production, nor is there one alternative FOR FURTHER INFORMATION CONTACT: (most of Fremont, and small portions of that is totally oriented toward Jack Kelly, Lander Resource Area Natrona, Sweetwater, Carbon and Hot nondevelopment or protection of a Manager, (307) 332-7822, at the address Springs countries) but does not include particular resource over another. The listed above or Gene Kolkman, Team lands managed by the U.S. Forest data used in developing these Leader, (307) 324-7171, Rawlins District Service or the Bureau of Indian Affairs. alternatives are available at the Lander Office, Bureau of Land Management, When completed, the Lander RMP Resource Area Office. P.O. Box 670, Rawlins, Wyoming 82301. will provide a comprehensive The alternatives considered in this SUPPLEMENTARY INFORMATION: Copies framework for managing and allocating RMP would affect wildlife habitat, oil public land and resource uses in the and gas management, cultural resources, of the RMP/EIS are available at the resource area. The draft RMP focuses on forest management, wilderness, and Lander Resource Area and Rawlins alternatives for allocating resources livestock grazing. District Offices, at the above addresses. Bmong the uses and prescribing general Cumulative impacts on these Robert A. Bennett, management actions that would be resources do not vary significantly from A cting State D irector. taken. In addition, the draft EIS alternative to alternative. However, site- (FR Doc. 85-26344 Filed 11-4-85; 8:45 am] describes the various impacts that specific impacts do vary amont the BILLING CODE 4310-22-M 45944 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

Idaho Falls District Grazing Advisory coastal zone resource districts in late concerning the significance of these Board; Meeting October. This notice is being furnished properties under the National Register as required by the National criteria for evaluation may be forwarded AGENCY: Bureau of Land Management Environmental Policy Act (NEPA to the National Register, National Park (BLM), Interior. Regulations 40 CFR 1501.7) to obtain Service, U.S. Department of the Interior, ACTION: Meeting of the Idaho Falls suggestions and information from other Washington, DC 20243. Written District Grazing Advisory Board. agencies and the public on the scope of comments should be submitted by issues to be addressed in the EIS. November 21,1985. s u m m a r y : The Idaho Falls District Grazing Advisory Board will meet Comments and participation in this Carol D. Shull, scoping process are solicited. Thursday December 12,1985. Notice of C hief o f Registration, National Register. this meeting is in accordance with Pub. d a t e s : Comments must be received by ALASKA L. 92-463. The meeting will begin at 9:00 April 15,1986. Comments may be in a.m. at the Idaho Falls BLM Office, 940 writing, through personal interview and Fairbanks Division Lincoln Road in Idaho Falls. The will be taken over the telephone. No Chisana, Chisana Historic District, Extending meeting is open to the public; public specific meetings for the purpose of Westward Vi mile from SE end of Chisana comments on agenda items will be scoping will be scheduled. Rather, an Airstrip and parallel to Johnson Creek accepted from 11:15 to 11:45 a.m. intensive statewide and personal media ARIZONA Agenda items for the meeting include: campaign will ensue with Service 1. Idaho Falls District activities employees attending previously Cochise County update. scheduled meetings when possible. Douglas, Douglas Post Office and Customs 2. Pocatello RMP update and ADDRESSES: Comments should be House (Historic U.S. Post Offices in overview. Arizona TR 1900—1941), 601-10th S t 3. Briefing on spraying of King Creek. addressed to: Regional Director, U.S. 4. Requests for Grazing Advisory Fish and Wildlife Service, 1011 E. Tudor Gila County Board funds from the three Resource Road, Anchorage, Alaska 99503. Attention: Pamela D. Wilson. Globe, Globe Post Office Courthouse Areas. (Historic U.S. Post Offices in Arizona TR Summary minutes of the meeting will FOR FURTHER INFORMATION CONTACT: 1900—1941), Hill and Sycamore Sts. be kept in the District Office and will be Pamela D. Wilson, Public Affairs available for public inspection and Specialist, U.S. Fish and Wildlife Santa Cruz County reproduction during business hours (7:45 Service, 1011 E. Tudor Road, Anchorage, Nogales, Nogales Main Post Office and a.m. to 4:30 p.m.) 30 days after the Alaska 99503. Telephone: (907) 786-3501. Immigration Station (Historic U.S. Post meeting. SUPPLEMENTARY INFORMATION: This Offices in Arizona TR 1900—1941), Hudgin FOR FURTHER INFORMATION CONTACT: comprehensive conservation plan and St. and Morly Ave. O’dell A. Frandsen, Bureau of Land wilderness suitability assessment is Yavapai County Management, 940 Lincoln Road, Idaho being prepared to fulfill requirements of Prescott, Prescott Post Office and Courthouse Falls, Idaho 83401; Telephone: (208) 529- the Alaska National Interest Lands (Historic U.S. Post O ffices in Arizona TR 1020. Conservation Act of 1980, section 304g. 1900—1941), 101 W. Goodwin Ave. Dated: October 23,1985. The environmental review of the project O'dell A. Frandsen, will be conducted in accordance with Yuma County the requirements of the National District Manager. Yuma, Yuma Main Post O ffice (Historic U.S.. Environmental Policy Act of 1969, as [FR Doc. 85-26346 Filed 11-4-85; 8:45 aiji] Post O ffices in Arizona TR 1900—1941), amended (42 U.S.C. 4371 et seq.), 370 W. Third St. BILLING CODE 4310-GG-M Council on Environmental Quality Regulations (40 CFR Parts 1500-1508), CALIFORNIA Fish and Wildlife Service. other appropriate Federal regulations Marin County and Service procedures for compliance Intent To Prepare a Comprehensive Inverness vicinity, Pierce Ranch, Point Reyes with those regulations. Conservation Plan/Environmental National Seashore We estimate the Draft Environmental Impact Statement and Wilderness Impact Statement and plan will be FLORIDA Suitability Assessment for the Alaska available to the public by July 1987. Maritime National Wildlife Refuge, AK Collier County Dated: October 25,1985. AGENCY: Fish and Wildlife Service, Bums Lake Site (CR-NPS-80) Robert E. Gilmore, Plaza Site (CR-NPS-126) Interior. Regional Director. a c t io n : ILLINOIS Notice of Scoping Process [FR Doc. 85-26347 Filed 11-4-85; 8:45 am] Commencement.______BILLING CODE 4310-55-M Christian County s u m m a r y : This notice advises the public Taylorville, Taylorville Courthouse Square that the Service intends to gather Historic District, Roughly bounded by National Park Service information necessary for the Vine, Walnut, Adams, and Webster Sts. preparation of an environmental impact National Register of Historic Places; Jackson County statement (EIS), a comprehensive Pending Nominations conservation plan (CCP) and wilderness Carbondale, Woodlawn Cemetery, 405 E. suitability assessment for the Alaska Nominations for the following Main S t Maritime National Wildlife Refuge in properties being considered for listing in NEW YORK western Alaska. An intensive period of the National Register were received by soliciting public comments will be held the National Park Service before Westchester County from October 1985 through March 1986 October 26,1985. Pursuant to § 60.13 of Armonk, Bedford Road Historic District, j beginning with coordination with 36 CFR Part 60 written comments Bedford Rd. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45945

OKLAHOMA WEST VIRGINIA FOR FURTHER INFORMATION CONTACT: Wagoner County Cabell County Charles Albrecht, Chief, Environmental Analysis Branch, at the Denver, Wagoner, Newport Hotel and Restaurant, 202 Huntington, Douglass junior and Senior High Colorado, location given under S. Main School, Tenth Ave. and Bruce St. “ADDRESSES” (téléphoné: 303-844-2451 [FR Doc. 85-26492 Filed 11-4-85; 8:45 am] PENNSYLVANIA or FTS-564-2451). BILLING CODE 4310-70-M Northumberland County SUPPLEMENTARY INFORMATION: PCC’s Shamokin, Victoria Theatre, 46 W. Black Mesa-Kayenta mine is an existing Independence St. Office of Surface Mining Reclamation surface coal mine situated on three and Enforcement contiguous leaseholds comprising 64,858 PUERTO RICO [Navajo Coal Lease No. 14-20-0603-8580 acres within the boundaries of the Mayaguez County and Joint Use Area Coal Lease Nos. 14-20- Navajo and Hopi Reservations Mayaguez, Asilo De Pobres, Post St. 0603-5743 and 14-20-0603-9910] approximately 125 miles northeast of Mayaguez, Camposanto De Mayaguez, Post Flagstaff, Arizona, and 10 miles Intent To Prepare an Environmental St. southwest of Kayenta, Arizona. The Impact Statement of the Proposed Mayaguez, Casa Consistorial De Mayaguez, terms of PCC’s leases provide for the Life-of-Lease Plan; Black Mesa- Peral St. removal of a maximum of 400 million kayenta Mine, Navajo County, AZ Mayaguez, Plaza Publica, McKinley St. tons of coal from these leaseholds on the Mayaguez, Teatro Yaguez, McKinley & AGENCY: Office of Surface Mining northern part of Black Mesa. Basora Sts. Reclamation and Enforcement, Interior. Approximately 12 million tons of coal TENNESSEE ACTION: Notice of intent to prepare an are currently produced each year at the environmental impact statement and Black Mesa-Kayenta mine. Warren County anouncement of a period during which OSM will prepare the EIS, which will McMinnville, Main Post Office, Morford and written comments regarding the scope of evaluate alternative actions that the Court Square the environmental-impact-statement Department could take on the permit analysis will be received. TEXAS application and the environmental Dallas County SUMMARY: Notice is hereby given that impacts of implementing each such the Office of Surface Mining alternative action. The major alternative

Dallas, Spake, Jacob and Eliza, House, 2600 Reclamation and Enforcement (OSM) actions thus far identified for State St. intends to prepare an environmental consideration are approval of the permit Donley County impact statement (EIS) that will analyze application with such conditions, if any, Clarendon, Martin-Lowe House, 507 W. Fifth the probable impacts of continued as would be necessary to assure its mining at the Black Mesa-Kayenta mine. compliance with requirements of the UTAH As required by the Federal program for Surface Mining Control and Reclamation Utah County Indian lands, Peabody Coal Company Act of 1977, its implementing (PCC) has submitted administratively Provo, regulations, and other Federal laws; Bullock, Benjamin Kimball, complete permit applications for this Farmhouse, 1705 South State disapproval of the permit application; existing surface coal mine. PCC has also and no action. Other alternative actions advised OSM that it plans to submit a VIRGINIA may be identified based on comments iife-of-lease permit application for the Arlington County received by OSM regarding the scope of mine in December 1985. The EIS will Arlington, Arlington Post Office, 3118 N. evaluate alternative actions that the the EIS analysis. Washington Blvd. Department of the Interior could take on OSM is requesting that any interested party submit written comments or WASHINGTON this life-of-lease application and will assist the Department in making a statements regarding the scope of the Cowlitz County decision on PCC’s application to EIS. Comments/statements received by Stella. Stella Blacksmith Shop, 8530 Ocean continue surface coal mining operations OSM will assist that agency in gathering Beach Hwy. southwest of the city of Kayenta, information and in defining the range of Arizona. OSM requests that other issues and concerns that the EIS should King County agencies and the public submit written address. Public meetings will be held in Seattle, Queen Anne High School, 215 Galer comments or statements to it concerning the vicinity of the Black Mesa-Kayenta St. ¿ the scope of the EIS analysis. mine to allow presentation of oral Pierce County DATES: Written comments or statements comments and statements prior to the Tacoma, Sprague Building, 1501-1505 Pacific concerning the scope of the EIS will be closing of the scoping comment period. Ave. accepted through March 14,1986, at the Acutal times and locations of these location given under “ADDRESSES.” meetings will be announced in the San Juan County Federal Register and in local ADDRESSES: Written comments or Doe Bay vicinity, Alderbrook Farmhouse, statements concerning the scope of the newspapers at a later date. Point Lawrence Rd. EIS should be mailed or hand delivered Dated: October 31,1985. Richardson, Richardson General Store Br to Allen D. Klein, Administrator, Attn: W arehouse, Richardson Rd. Brent Wahlquist, Charles Albrecht, OSM, Western Yakima County Technical Center, Second Floor, Brooks Assistant Director, Program Operations. [FR Doc. 85-26364 Filed 11-4-85; 8:45 am] Mabton, Mabton High School, High School Towers, 1020 Fifteenth Street, Denver, • Rd...... 1 ■ I ■ IBS W t Colorado 80202. BILUNG CODE 4310-05-M 45946 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

INTERSTATE COMMERCE By the Commission, Heber P. Hardy, or has been decided in favor of the COMMISSION Director, Office of Proceedings. complainant within the 2-year period. James H. Bayne, The appropriate State agency has been [Docket No. AB-1 (Sub-176)] S ecreta ry . notified in writing at least 10 days prior [FR Doc. 85-26339 Filed 11-4-85; 8:45 am] to the filing of this notice. Chicago and North Western BILUNG CODE 7035-01-M As a condition to use of this Transportation Co., Abandonment in exemption, any employee affected by Butler, Bremer and Fayette Counties, the abandonment shall be protected IA; Findings [Docket No. AB-52 (Sub-36) and AB-232 pursuant to Oregon Short Line R. Co.- (Sub-1)] The Commission has found that the Abandonment-Goshen, 3601.C.C. 91 public convenience and necessity permit The Kansas Southwestern Railway Co. (1979). the Chicago and North Western and the Atchison, Topeka, and Santa The exemption will be effective Transportation Company to abandon a Fe Railway Co.; Abandonment and December 5,1985, (unless stayed 33.5-mile portion of its rail line between Discontinuance of Service Between pending reconsideration). Petitions to Oelwein (milepost 247.5) and Shell Rock, Anthony and Metcalf in Harper and stay must be filed by November 15,1985 IA (milepost 281.0). Sumner Counties, KS; Findings and petitions for reconsideration, A certificate will be issued including environmental, energy, and authorizing this abandonment unless October 23,1985. public use concerns, must be filed by within 15 days after this publication the Notice is hereby given pursuant to 49 November 25,1985 with: Office of the Commission also finds: (1) A financially U.S.C. 10903 that by a decision decided Secretary, Case Control Branch, responsible person has offered October 23,1985, a finding, which is Interstate Commerce Commission, assistance (through subsidy or purchase) administratively final, was made by the Washington, DC 20423. to enable the rail service to be Administrative Law Judge stating that, A copy of any petition filed with the continued; and (2) it is likely that the the present or future public convenience Commission should be sent to assistance would fully compensate the and necessity permit the abandonment applicant's representative: Charles M. railroad. by The Kansas Southwestern Railway Rosenberger, 500 Water Street, Any financial assistance offer must be Company, and discontinuance of service Jacksonville, FI 32202. filed with the Commission and the by The Atchison Topeka and Santa Fe If the notice of exemption contains applicant no later than 10 days from Railway Company, of their line of false or misleading information, use of publication of this Notice. The following railroad extending from Mile Post 42.81 the exemption is void a b in itio. notation shall be typed in bold face on at Metcalf to Mile Post 59.30 at Anthony A notice to the parties will be issued if the lower left-hand comer of the in Harper and Sumner Counties, Kansas, use of the exemption is conditioned envelope containing the offer: "Rail subject to the employee protection upon environmental or public use Section, AB-OFA”. Any offer previously conditions in Oregon Short Line R. Co.— conditions. made must be remade within this 10-day Abandonment—Goshen, 3601.C.C. 91 Decided: October 29,1985. (1979). Pursuant to the Judge’s decision, period. By the Commission, Heber P. Hardy, Information and procedures regarding accordingly the application for Director, Office of Proceedings. abandonment is granted effective 30 financial assistance for continued rail James H. Bayne, days from the date of service. service are contained in 49 U.S.C. 10905 S ecreta ry . James H. Bayne, and 49 CFR 1152.27. [FR Doc. 26340 Filed 11-4-85; 8:45 am] James H. Bayne, S ecreta ry . BILUNG CODE 7035-01-M S ecreta ry . [FR Doc. 85-26342 Filed 11-4-85:8:45 am] [FR Doc. 85-26371 Filed 11-4-85; 8:45 am] BILLING CODE 7035-01-M BILLING CODE 7035-01-M [Docket No. AB-55 (Sub-165X)] [Docket No. AB-55 (Sub-164X)l Seaboard System Railroad, Inc.; [Finance Docket No. 30739] Seaboard System Railroad, Inc.; Abandonment in Polk County, FL; Abandonment Exemption in Hartan Exemption Burlington Northern Railroad Co. County, KY; Exemption Trackage Rights Exemption; Southern Applicant has filed a notice of Railway Co.; Exemption Applicant, Seaboard System Railroad, exemption under 49 CFR 1152 Subpart Inc. (SBD), has filed a notice of F—E x em p t A ban d on m en ts to abandon The Burlington Northern Railroad exemption under 49 CFR Part 1152 its 1.90-mile line of railroad between Company (BN) has entered into an Subpart F—Exempt Abandonments to milepost SV-851.40 and milepost SV - agreement for overhead trackage rights abandon approximately 3.79 miles of 853.30 near Bartow, in Polk County, FL over Southern Railway Company (SR) railroad between milepost YC-251.45 Applicant has certified (1) that no track between Kimbrough, AL and and YC-255.24, in Harlan County, KY. local traffic has moved over the line for Saraland, AL, a distance of Applicant has certified (1) that no at least 2 years and that overhead traffic approximately 102.55 miles. This local traffic has moved over the line for is not moved over the line or may be trackage rights agreement became at least 2 years and that overhead traffic rerouted, and (2) that no formal effective October 28,1985. is not moved over the line or may be complaint filed by a user of rail service This notice is filed under 49 CFR rerouted, and (2) that no formal of the line (or by a State or local 1180.2(d)(7). Petitions to revoke the complaint filed by a user of rail service governmental entity acting on behalf of exemption under 49 U.S.C. 10505(d) may on the line (or by a State or local such user) regarding cessation of service be filed at any time. The filing of a governmental entity acting on behalf of over the line either is pending with the petition to revoke will not stay the such user) regarding cessation of service Commission or any U.S. District Court, transaction. over the line either is pending with the or has been decided in favor of the Dated: October 29,1985. Commission or any U.S. District Court, complainant within the 2-year period. Federai Register / Voi. 50, Ño. 2Ì4 / Tuesday, November 5, 1985 / Notices 45947‘

The appropriate State agency has been requested administrative [TA-W-15,9101 notified in writing at least 10 days prior reconsideration questioning the to the filing of this notice. Halliburton Co., IMCO Services adequacy of the customer survey and As a condition to use of this Division, Exploration Department; claiming that the company is importing exemption, any employee affected by Battle Mountain, NV; Dismissal of boots which compete against those the abandonment shall be protected Application for Reconsideration pursuant to Oregon Short Line R„ Co.— produced by the company. The Pursuant to 29 CFR 90.18 an Abandonment—G osh en , 360I.C.C. 91 Department granted reconsideration in (1979). order to re-examine its findings in the application for administrative The exemption will be effective Department’s survey and to review its reconsideration was filed with the December 5,1985 (unless stayed pending findings concerning the competitiveness Director of the Office of Trade reconsideration). Petitions to stay must of those boots imported by the company Adjustment Assistance for workers at be filed by November 15,1985, and with those produced domestically by the the Halliburton Company, IMCO petitions for reconsideration, including company. The union submitted as Services Department, Battle Mountain, environmental, energy, and public use evidence two pairs of boots from an Nevada. The review indicated that the concerns, must be filed by November 25, Acme outlet store and a receipt which application contained no new 1985 with: Office of the Secretary, Case indicates that they were of foreign origin substantial information which would bear importantly on the Department’s Control Branch, Interstate Commerce and were competitively priced. Commission, Washington, DC 20423. determination. Therefore, dismissal of The Acme Boot Company produces the application was issued. A copy of any petition filed with the men’s, women’s and children’s boots. Commission should be sent to On reconsideration, Acme Boot TA-W -15,910; Halliburton Company, IMCO Services Division, Exploration apuplicant’s representative: Charles M. Company officials again confirmed that Department, Battle Mountain, Nevada Rosenberger, 500 Water Street, the boots imported were of a type not (October 21,1985) Jacksonville, FL 32202. produced domestically by Acme Boot. If the notice of exemption contains The imported boots were all leather Signed at Washington, DC, this 29th day of false or misleading information, use of pull-ons which were drastically reduced October 1985. the exemption is void a d in itio. in price as close-out items. Data on the Marvin M. Fooks, A notice to the parties will be issued if Director, Office of Trade Adjustment use of the exemption is conditioned imported boots were included in the company import statistics originally Assistance. updon environmental or public use [FR Doc. 85-26386 Filed 11-4-85; 8:45 am] conditions. provided by the company. Company imports of boots were of minor BILLING CODE 4510-30-M Decided: October 25,1985. significance when compared to company By the Commission, Heber P. Hardy, sales. Director, Office of Proceedings. [TA-W-16,255] The Department’s survey of company James H. Bayne, customers showed only one with Twin City Leather Co., Inc.; Secretary. increased imports and decreased Gloversvilie, NY; Termination of [FR Doc. 85-26341 Filed 11-4-85; 8:45 am] purchases from the subject firm in 1984. Investigation That customer, which also manufactures BILUNG CODE 7035-01-M boots, accounted for virtually the entire Pursuant to section 221 of the Trade sales decline for Acme Boot in 1984 and Act of 1974, an investigation was initiated on August 12,1985, in response attributed its reduced purchases from DEPARTMENT OF LABOR to a worker petition which was filed by Acme to a fashion change away from the Amalgamated Clothing and Textile boots which also negatively affected its Employment and Training Workers' Union on behalf of workers at Administration own produption of boots. A majority of Twin City Leather Company, the customers responding to the survey [TA-W-15,926-8] Incorporated, Gloversvilie, New York. confirmed that the decline in the The petitioner has requested that the docmestic boot market in 1984 and 1985 petition be withdrawn. Consequently, Acme Boot Co.; Clarksville, Waverly, resulted from a fashion change away and Ashland, TN; Negative further investigation in this case would from boots. serve no purpose; and the investigation Determination on Reconsideration has been terminated. Conclusion On September 24,1985, the Signed at Washington, DC, this 29th day of October 1985. Department issued an Affirmative After reconsideration, I affirm the Determination Regarding Application original denial of eligibility of workers Marvin M. Fooks, for Reconsideration forworkers and and former workers of Acme Boot Director, Office of Trade Adjustment former workers of Acme Boot Company, Clarksville, Waverly and Assistance. Company’s facilities in Clarksville, Ashland, Tennessee to apply for [FR Doc. 85-26387 Filed 11-4-85; 8:45 am] Waverly and Ashland, Tennessee. This adjustment assistance. BILLING CODE 4510-30-M determination was published in the Signed at Washington, DC, this 24th day of Federal Register on October 1,1985 (50 October 1985. FR 40071). [TA-W-16,022] The Department’s original Stephen A. Wandner, Virginia Maid Hosiery Mills; Pulaski, determination denied eligibility to apply Deputy Director, Office of Legislative and VA; Negative Determination for trade adjustment assistance benefits Actuarial Service, UIS. Application for Reconsideration to workers of Acme Boot Company’s facilities in Clarksville, Waverly and [FR Doc. 85-26385 Filed 11-4-85; 8:45 am] By an application dated October 7, Ashland. The United Rubber Workers BILUNG CODE 4510-30-M 1985, and after being granted a filing 45948 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices extension, the Amalgamated Clothing Department of Labor’s prior decision. and Transportation Department) in and Textile Workers Union requested Accordingly, the application is denied. Longview, Washington; who became administrative reconsideration of the Signed at Washington, DC. this 24th day of totally or partially separated from Department of Labor’s Negative October, 1985. employment on or after March 12,1984 Determination Regarding Eligibility to Robert O. Deslongchamps, are eligible to apply for adjustment Apply for Worker Adjustment Director, Office of Legislation and Actuarial assistance under section 223 of the Assistance in the case of former Services, UIS. Trade Act of 1974.” workers at Virginia Maid Hosiery Mills, [FR Doc. 85-26390 Filed 11-4-85; 8:45 am] Signed at Washington, DC, this 29th day of Pulaski, Virginia. The determination was October 1985. published in the Federal Register on BILLING CODE 4510-30-M Robert O. Deslongchamps, September 4,1985 (50 FR 35880). Pursuant to CFR 90.18(c) Director, Office of Legislation and Actuarial [TA-W-15,889, TA-W-15,890] Services, UIS. reconsideration may be granted under the following circumstances: Weyerhaeuser Co.; Tautle and [FR Doc. 85-26388 Filed 11-4-85; 8:45 am] (1) If it appears on the basis of facts Longview, WA; Amended Certification BILUNG CODE 4510-30-M not previously considered that the Regarding Eligibility To Apply for determination complained of was Worker Adjustment Assistance erroneous; (TA-W-15,256 and TA-W-16,257] (2) If it appears that the determination In accordance with section 223 of the Wood and Hyde Leather Corp.; complained of was based on a mistake Trade Act of 1974 (19 U.S.C. 2273) the Gloversvilie, NY; and Hagaman in the determination of facts previously Department of Labor issued a Manufacturing Corp., Hagaman, NY; considered; or Certification of Eligibility to Apply for (3) If, in the opinion of the Certifying Worker Adjustment Assistance on Termination of investigation August 15,1985, applicable to all Officer, a misinterpretation of facts or of Pursuant to section 221 of the Trade the law justified reconsideration of the workers at Weyerhaeuser Company’s Green Mountain Mill, Longview Log Act of 1974, an investigation was decision. initiated on August 12,1985 in response The union claims that although Transportation Crew and Longview Finishing Mill. The Notice of to worker petitions which were filed by production at the Pulaski, Virginia plant the Glove Cities Area Joint Board of the increased in 1984 it was a temporary Certification was published in the Federal Register on September 4,1985 Amalgamatqed Clothing and Textile situation; and that imports of pantyhose Workers Union on behalf of workers at increased in 1984 compared to 1983. To (50 FR 35881). Wood and Hyde Leather Company, support these claims, the union Based on additional information Gloversvilie, New York, and Hagaman furnished a brief on imports in the man­ furnished by counsel for the workers Manufacturing Corporation, Hagaman, made fiber hosiery industry from the and by the company on the proper New York. National Hosiery Manufacturers identification of Weyerhaeuser’s Association. production facilities at the Longview An active certification covering the Findings in the Department’s Mill Division Complex, the Department petitioning group of workers remains in investigation show that the worker is amending the certification. effect (TA-W-15,591). Consequently, petition did not meeLeither the The intent of the certification is to further investigation in this case would increased import criterion or the cover all workers at Longview, serve no purpose, and the investigation “contributed importantly” test in 1984. Washington who were engaged in has been terminated. U.S. imports of pantyhose, including employment related to the production of Signed at Washington, DC, this 29th day of tights, were neglible in 1982,1983 and in lumber and who were adversely October 1985. 1984. The Department used import data affected by increased imports of lumber Marvin M. Fooks, on pantyhose since it was more precise in 1984 and in 1985. Director, Office of Trade Adjustment and relevant to the subject plant than The certification is amended by Assistance. import data for the man-made fiber deleting Longview Finishing Mill and [FR Doc. 85-26389 Filed 11-4-85; 8:45 am] hosiery industry which includes other inserting Longview Mill Division BILLING CODE 4510-30-M products. The ratio of U.S. imports to Complex which includes Mill A, Mill B, domestic production was less than two and Dry Kiln Operation, the Planer percent from 1982 through 1984. Operation, the Clear Sander Operation Aitra, Inc., et a!.; Investigations The Department of Labor survey of and the Shipping and Transportation Regarding Certifications of Eligibility customers purchasing pantyhose Department. Workers at Weyerhaeusers To Apply for Worker Adjustment showed that customers which increased Company’s Longview Shake Mill and Assistance imports of pantyhose while decreasing Plywood Division are subject to their purchases from the subject firm separate investigations under two other Petitions have been filed with the reported that imports accounted for less petitions and not included in this Secretary of Labor under section 221(a) than one percent of their total certification. of the Trade Act of 1974 (“the Act”) and purchases. The low customer purchases The certification applicable to TA-W - are identified in the Appendix to this of imports is consistent with the U.S. 15,889 and 15,890 is hereby amended notice. Upon receipt of these petitions, aggregate import data which has held and issued as follows: the Director of the Office of Trade fairly constant over the past three years. “All workers of Weyerhaeuser Adjustment Assistance, Employment Company’s Green Mountain Mill, in and Training Administration, has Conclusion Tautle, Washington; Longview Woods; instituted investigations pursuant to After review of the application and Longview Log Transportation Crew; and section 221(a) of the Act. the investigative file, I conclude that Longview Mill Division Complex The purpose of each of the there has been no error or (including Mill A, Mill B, Planer investigations is to determine whether misinterpretation of the law which Operations, Clear Sander Operations, the workers are eligible to apply for would justify reconsideraton of the Dry Kiln Operations and the Shipping adjustment assistance under Title II, Federai Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45949

Chapter 2, of the Act. The investigations Director, Office of Trade Adjustment the Director, Office of Trade Adjustment will further relate, as appropriate, to the Asistance, at the address shown below, Assistance, Employment and Training determination of the date on which total not later than November 15,1985. Administration, U.S. Department of or partial separations began or Interested persons are invited to Labor. 601 D Street, NW., Washington, threatened to begin and the subdivision submit written comments regarding the D.C. 20213. of the firm involved. subject matter of the investigations to The petitioners or any other persons the Director, Office of Trade Adjustment Signed at Washington, D.C. this 28th day of showing a substantial interest in the Assistance, at the address shown below, October 1985. subject matter of the investigations may not later than November 15,1985. Marvin M. Fooks, request a public hearing, provided such The petitions filed in this case are Director, Trade Adjustment Assistance. request is filed in writing with the available for inspection at the Office of

Appen d ix

Petitioner Union/workers or former workers of— Location Date Date of received petition Petition No. Articles produced

Altra, Inc. (workers)...... Boulder, C O ...... 1 0/1 5/85 10/9/85 TA-W-16,575 Outerwear, down coats, insulated jackets, down comfort­ ers, bunting jackets and pants, ski jackets and pants. C.E. Basic (UAW )...... Bettsvilte, OH...... 9 /3 0 /8 5 9 /2 4 /8 5 TA-W-16,576 Refractory products for steel industries research depart­ ment. Chase Bag (ACTWU)...... Dallas, TX..._...... 1 0 /7 /8 5 10/4/85 TA-W-16,577 Agricultural bags. Debra Fashions (ILGW U)...... Northport, AL...... 9 /3 0 /8 5 9/25/85 TA-W-16,578 Womens dresses and sportwear. Fashion Apparel (ACTWU)...... Jessup, G A ...... 10/7/85 10/4/85 TA-W-16,579 Women dresses and biouses. Hoechst CeramTec (workers)...... 1 0/1 8/85 10/1 0/85 TA-W-16.580 Ceramic components. Homestead Woolen Mills. Inc. (workers)...... West Swanzey, NH...... 10/1 8/85 1 0/1 4/85 TA-W-16,581 Woolen, polyester, verel cloth, garments, wallcoverings, textiles. Insley Manufacturing Corp. (company)...... 1 0/2 1/85 1 0/1 7/86 TA-W-16,582 Hydraulic excavators. Kerr McGee. Hobbs Potash Facility (workers)...... Hobbs, NM...... 10/21/85 10/3/85 TA-W-16,583 Mine and process potash. Penick Corp. (ICW)...... Lyndhurst, N J ...... 1 0/2 2/85 10/1 7/85 TA-W-16,584 Botonical chemicals. T.B. Woods Sons Co. (workers)...... Chambersburg, PA...... 10/18/85 10/16/85 TA-W-16,585 V-belts, sheevies, putties. Texaco. Inc. (workers) -...... Denver, C O ...... 10/2 1/85 10/1 5/85 TA -W -16,586 Drill pump well. Westinghouse Electric Corp. (workers)...... LaGrange, GA...... 1 0/1 8/85 10/14/85 TA-W-16,587 Motor coils. Bridgeport/Textron Bridgeport Controls (company)...... Horsham, P A ...... 10/21/85 10/8/85 TA-W-16,588 CNC controls for milling machines. Hurletron, Inc. (workers)...... Danville, IL ...... 1 0/2 3/85 10/1 8/85 TA-W-16,589 Automatic color register control equipment and web and ribbon tacking systems for bindery operation. LTV Steel Co., South Chicago Works...... Chicago, IL ...... 1 0 /7 /8 5 1 0 /1 /8 5 TA-W-16,590 Basic steel, carbon alloy steel bars, carbon and alloy steel pipe, steel coil and wire products. Penick Corp. (ICW )...... Newark, N J...... 10/2 2/85 10/1 7/85 TA-W-16,591 Botonical chemicals. Quivera Milling Co. (workers)...... 1 0 /2 5 /8 5 1 0 /2 2 /8 5 TA-W-16,592 Uranium Ore. Sylvania Shoe Manufacturing Corp. (company)...... Mount Holly Springs, PA.... 1 0/2 2/85 10/1 5/85 TA-W-16,593 Mens, boys, girts leather footwear. Do...... McSherrystown, P A ...... 1 0/2 2/85 1 0/1 5/85 TA-W-16,594 Do. Texas Apparel Co. (ACTWU)...... ;...... Del Rio, T X ...... ,.... 1 0 /7 /8 5 1 0 /4 /8 5 TA-W-16,595 Mens and boys jeans. Do...... v -■ • • 1 0 /7 /8 5 1 0 /4 /8 5 TA-W-16,596 Do. U.S. Steel Corp., Texas Uranium Operation (workers)...-...... George West, TX „...... 1 0/1 5/85 9 /1 9 /8 5 TA-W-16,597 Uranium oxide uranium hexafluoride. Wayerhaeuser Co. (IWA)...... Longview, WA...... 9/30/85 9/24/85 TA-W-16,598 Cedar shakes for roofing. Zenith Electronics Corp. Plant #32, #41 (company)...... Evansville, IN ...... 1 0/1 8/85 9 /2 6 /8 5 TA -W -16,599 Wooden console color television cabinets.

[FR Doc. 85-26383 Filed 11-4-85; 8:45 am] (2) That sales or production, or both, Affirmative Determinations BILLING CODE 4510-30-M of the firm or subdivision have decreased absolutely, and TA-W-16,014; Texacan Corp., Phoenix, AZ (3) That increases of imports of General Dynamics Corp. et al.; articles like or directly competitive with A certification was issued covering all Determinations Regarding Eligibility articles produced by the firm or workers of the firm separated on or after To Apply for Worker Adjustment appropriate subdivision have January 1,1985. Assistance contributed importantly to the TA-W-15,981; Gendex Corp., separations, or threat thereof, and to the Milwaukee, WI In accordance with section 223 of the absolute decline in sales or production. A certification was issued covering all Trade Act of 1974 (19 U.S.C. 2273) the workers of the firm separated on or after Department of Labor herein presents Negative Determinations July 1,1984. summaries of determinations regarding, In each of the following cases the eligibility to apply for adjustment investigation revealed that criterion (3) TA-W-16,019; Seamless Hospital assistance issued during the period has not been met. A survey of customers Products Co., Inc., Payette, AL October 21,1985-October 25,1985. indicated that increased imports did not A certification was issued covering all In order for an affirmative contribute importantly to worker workers of the firm separated on or after determination to be made and a separations at the firm. June 1,1984 and before February 1,1985. certification of eligibility to apply for TA-W-18,034; General Dynamics Corp., TA-W-16,042; Red Cedar Products, Inc., adjustment assistance to be issued, each Quincy Shipbuilding Div., Quincy, Amanda Park, WA of the group eligibility requirements of MA A certification was issued covering all section 222 of the Act must be met. TA-W-16,002; W. Kotkes and Son, Inc., workers of the firm separated on or after (1) That a significant number or Lynchburg, VA . May 1,1584. proportion of the workers in the TA-W-16,041; Quality Components, TA-W-16,093; Elder Manufacturing workers’ firm, or an appropriate Inc., St. Mary’s, PA Corp., Lynchburg, VA subdivision thereof, have become totally or partially separated, TA-W-16,005; Boise Cascade Corp., A certification was issued covering all Aberdeen Sawmill, Aberdeen, WA workers of the firm separated on or after Federal Register / Vol. 50, No, 214 / Tuesday, November 5, 1985 / Notices

June 5,1984 and before December 31, have been available for public than those obtainable in an arm’s-length 1984. inspection at the Department in transaction with unrelated parties; and TA -W -16,079; Tremonton Sportswear, Washington, DC. The notices also (3) the assumption by the Plans of a Tremonton, UT invited interested persons to submit portion of an outstanding note between A certification was issued covering all comments on the requested exemptions Manship Rentals and First National workers of the firm separated on or after to the Department. In addition the Bank, the trustee of the Plans. September 1,1984 and before July 31, notices stated that any interested person For a more complete statement of the 1985. might submit a written request tkat a facts and representations supporting the public hearing be held (where Department’s decision to grant this TA-W-16,079A; Orem Sportswear, appropriate). The applicants have Orem, UT exemption refer to the notice of represented that they have complied proposed exemption published on A certification was issued covering all with the requirements, of the notification September 3,1985 at 50 FR 35619. workers of the firm separated on or after to interested persons. No public For Further Information Contact Ms. September 1,1984 and before July 31, comments and no requests for a hearing, Linda Shore of the Department, 1985. unless otherwise stated, were received telephone (202) 523-7901. (This is not a TA-W-16,072; Johnson Controls, Inc., by the Department toll-free number.) Georgetown, KY The notices of pendency were issued A certification was issued covering all and the exemptions are being granted Radiology Associates, P.A. Pension Plan workers of the firm separated on or after solely by the Department because, (the Plan) Located in Little Rock, February 1,1985. effective December 31,1978, section 102 Arkansas I hereby certify that the of Reorganization Plan No. 4 of 1978 (43 [Prohibited Transaction Exemption 85-178; aforementioned determinations were FR 47713, October 17,1978) transferred Exemption Application No. D-5967] issued during the period October 21, the authority of the Secretary of the E x em p tion 1985-October 25,1985. Copies of these Treasury to issue exemptions of the type determinations are available for proposed to the Secretary of Labor. The restrictions of sections 408(a) and inspection in Room 6434, U.S. Statutory Findings 406 (b)(1) and (b)(2) of the Act and the Department of Labor, 601 D Street NW., sanctions resulting from the application Washington, D.C. 20213, during normal In accordance with section 408(a) of of section 4975 of the Code, by reason of business hours or will be mailed to the Act and/or section 4975(c)(2) of the section 4975(c)(1) (A) through (E) of the persons who write to the above address. Code and the procedures set forth in Code, shall not apply to the loan by the ERISA Procedure 75-1 (40 FR 18471, Dated: October 29,1985. Plan of $328,600 to Medical Equipment April 28,1975), and based upon the Leasing Company, a party in interest Marvin M. Fooks, entire record, the Department makes the with respect to the Plan, provided that Director, Office of Trade Adjustment following findings: the terms of the loan are no less Assistance. (a) The exemptions are favorable to the Plan than those [FR Doc. 85-26384 Filed 11-4-85; 8:45 am] administratively feasible; obtainable in an arm’s-length BILLING CODE 4510-30-M (b) They are in the interests of the transaction with an unrelated third plans and their participants and party. beneficiaries; and For a more complete statement of the Office of Pension and Welfare Benefit (c) They are protective of the rights of facts and representations supporting the Programs the participants and beneficiaries of the Department’s decision to grant this plans. [Prohibited Transaction Exemption 85-117; exemption refer to the notice of Exemption Application No. D-5903 et al.] The Medical Clinic, P.A. Profit Sharing proposed exemption published on Plan; the Medical Clinic, P.A. Money Grant of Individual Exemptions; the August 23,1985 at 50 FR 34216. Purchase Pension Plan (together, the Medical Center Clinic e t aL ForFurther Inf ormation Contact Ms. Plans) Located in Jackson, Mississippi Linda Shore of the Department, AGENCY: Pension and Welfare Benefit [Prohibited Transaction Exemption 85-177; telephone (202) 523-7901. (This is not a Programs, Labor. Exemption Application Nos. D-5903 and ID- toll-free number.) 5904] a c t io n : Grant of individual exemptions. WLB Group, Inc. Profit Sharing Plan and s u m &s a r y : This document contains E x em p tion Trust (the Plan) Located in Tucson, exemptions issued by the Department of The restrictions of section 408(a) and Arizona Labor (the Department) from certain of 406 (b)(1) and (b)(2) of the Act and the [Prohibited Transaction Exemption 85-179; the prohibited transaction restrictions of sanctions resulting from the application Exemption Application No. D-6020] the Employee Retirement Income of section 4975 of the Code, by reason of E x em p tion Security Act of 1974 (the Act) and/or the section 4975(c)(1) (A) and (E) of the Internal Revenue Code of 1954 (the Code, shall not apply to (1) the sale of The restrictions of sections 406(a), 406 Code). certain real property (the Land) to the (b)(1) and (b)(2) of the Act and the Notices were published in the Federal Plans by Manship Rentals, a party in sanctions resulting from the application Register of the pendency before the interest with respect to the Plans, of section 4975 of the Code, by reason of Department of proposals to grant such provided that the Plans pay no more section 4975(c)(1) (A) through (E) of the exemptions. The notices set forth a than the fair market value of the Land Code, shall not apply to the cash sale by summary of facts and representations on the date of sale; (2) the lease of the the Plan of certain real property and contained in each application for Land by the Plans to the Medical Clinic, certain personal property located exemption and referred interested P.A., the sponsor of the Plans, under the therein to the WLB Group, Inc., the persons to the respective applications terms described in the notice of sponsor of the Plan; provided that all for a complete statement of the facts proposed exemption, provided such terms of such sale are at least as and representations. The applications terms are not less favorable to the Plans favorable to the Plan as those which the Federal Register / Vol. 50, No. 214 / Tuesday, November s, 1985 / Notices 45951

Plan could obtain in an arm’s-length proposed exemption published on a c t io n : Notice. transactions with an unrelated party. August 23,1985 at 50 FR 34220. For a more complete statement of the For Further Information Contact: Ms. SUMMARY: The Legal Services facts and representations supporting the Katherine D. Lewis of the Department, Corporation (LSC) announces the Department’s decision to grant this telephone (202) 523-8882. (This is not a availability of grant funds beginning in exemption refer to the notice of toll-free number.) calendar year 1986 for the provision of proposed exemption published on General Information legal services to eligible clients residing September 3,1985 at 50 FR 35621. in Monterey County, California. For Further Information Contact: Mr. The attention of interested persons is Ronald Willett of the Department, directed to the following: d a t e : All applications for grant funds telephone (202) 523-8881. (This is not a (1) The fact that a transaction is the must be received on or before November toll-free number.) subject of an exemption under section 18,1985. 408(a) of the Act and/or section Foster L. Bullard, Jr., M.D., P.A. Pension FOR FURTHER INFORMATION CONTACT: 4975(c)(2) of the Code does not relieve a Peter Broccoletti, Regional Officer, Legal Plan (the Plan) Located in Naples, fiduciary or other party in interest or Florida Services Corporation, Pacific Regional disqualified person from certain other Office, 177 Post Street, Suite 890, San [Prohibited Transaction Exemption 85-180; provisions of the Act and/or the Code, Francisco, California 94108; (415) 556- Exemption Application No. D-8138] including any prohibited transaction 6952. E xem ption provisions to which the exemption does not apply and the general fiduciary SUPPLEMENTARY INFORMATION: The The restrictions of sections 406(a) and responsibility provisions of section 404 Legal Service Corporation, the national, 406 (b)(1) and (b)(2) of the Act and the of the Act, which among other things independent organization charged with sanctions resulting from the application require a fiduciary to discharge his implementing the federally-funded of section 4975 of the Code, by reason of duties respecting the plan solely in the system of legal services for low income section 4975(c) (1)(A) through (E) of the interest of the participants and people, announces the availability of Code, shall not apply to the proposed beneficiaries of the plan and in a grant funds for the provisions of legal sale by the Plan of its beneficial interest prudent fashion in accordance with services to eligible clients residing in (the Property! in the Lindgren Land section 404(a)(1)(B) of the Act; nor does Monterey County, California. Trust to Foster L. Bullard, Jr., M.D., a it affect the requirement of section The annualized level of Legal Services party in interest with respect to the Plan, 401(a) of the Code that the plan must Corporation funding for the service area provided that the sales price is not less operate for the exclusive benefit of the than the fair market value of the is approximately $193,000 for calendar employees of the employer maintaining year 1986. Property on the date of sale. the plan and their beneficiaries; All groups and persons interested in For a more complete statement of the (2) These exemptions are facts and representations supporting the supplemental to and not in derogation applying for this grant should request a Department’s decision to grant this of, any other provisions of the Act and/ grant application from the Grants exemption refer to the notice of or the Code, including statutory or Assistant, Grants and Budget Unit, proposed exemption published on administrative exemptions and Office of Field Services, 400 Virginia September 3,1985 at 50 FR 35622. transitional rules. Furthermore, the fact Avenue SW., Washington, D.C. 20024- For Further Information Contact: Mr. that a transaction is subject to an 2751. Subsequent to the application E.F. Williams of the Department, administrative or statutory exemption is deadline, November 18,1985, a public telephone (202) 523-8881. (This is not a not dispositive of whether the hearing may be held at which applicants toll-free number.) transaction is in fact a prohibited and other interested parties can make Gerald G. Olson, M.D., Profit Sharing transaction. presentations regarding provision of Plan and Money Purchase Pension Plan (3) The availability of these legal services in the service area. (collectively, the Plans) Located in exemptions is subject to the express Two copies of the application should Redwood City, California condition that the material facts and be submitted to the Regional Officer, representations contained in each Pacific Regional Office, 177 Post Street, [Prohibited Transaction Exemption 85-181; application accurately describes all Exemption Application No. D-6221] Suite 890, San Francisco, California material terms of the transaction which 94108; and, two copies of the grant Exem ption is the subject of the exemption. application should be sent to the Grants The restrictions of sections 406(a), 406 Signed at Washington, D.C., this 29th day Assistant at the Washington, D.C. (b)(1) and (b)(2) of the Act and the of October, 1985. address noted above. sanctions resulting from the application Elliot I. Daniel, Any grant application recommended of section 4975 of the Code, by reason of Assistant Administrator for Regulations and by the Legal Services Corporation will, Interpretations, Office of Pension and section 4975(c)(1) (A) through (E) of the pursuant to section 1007(f) of the LSC Welfare Benefit Programs, U-S. Department of Code, shall not apply to the proposed Act, be announced in the Federal sale by the Plans of certain real property Labor. [FR Doc. 85-26393 Filed 11-4-85; 8:45 am) Register, and additional comments and (the Property) to Gerald G. Olson, M.D., recommendations will be requested at a party in interest with respect to the BILUNG CODE 4510-29-M least thirty days prior to final approval Plans, for cash in the amount of of the grant. $150,000, provided that such amount is not less than the fair market value of the LEGAL SERVICES CORPORATION Date: October 31,1985. Property on the date of sale. Announcement of Availability of Funds Joshua Brooks, For a more complete statement of the for the Provisions of Legal Services in Deputy Director, Office of Field Services. facts and representations supporting the the State of California [FR Doc. 85-26369 Filed 11-4-85; "8:45 am) Department’s decision to grant this BILLING COOE 6820-35-M exemption refer to the notice of a g e n c y : Legal Service Corporation. 4 5 952 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

NATIONAL SCIENCE FOUNDATION that the activity will be self-perpetuating Proposals for programs that will prepare after NSF support is no longer provided. students for teaching both science and Grants; Programs for Preparing Middle This is the first program solicitation to mathematics are also eligible for School Science and Mathematics be issued by the Division of Teacher consideration. Although it is expected Teachers; Solicitation Preparation and Enhancement. The that most of the projects supported will target of this solicitation is the creation November 1,1985. be designed for preservice training of of improved programs for the preservice undergraduate students, preservice or Submission Deadline: May 2,1986. preparation of middle school science retraining programs designed for other Programs for Preparing Middle School and mathematics teachers. In addition populations, such as baccalaureate Science and Mathematics Teachers to this specific solicitation, the Division trained scientists and mathematicians, supports preservice projects in other This document is the second in a are not precluded from this solicitation. areas and inservice professional series of targeted program solicitations Projects supported under this development projects across the broad that NSF’8 Directorate for Science and solicitation are expected to develop spectrum of precollege mathematics and Engineering Education will issue to elicit outstanding programs and materials that science. proposals directed toward specific high will not only substantially improve the priority problems and opportunities Solicitation preparation of middle/junior high school science or mathematics teachers in the facing mathematics, science and During the last decade we have seen technology education in America’s specific institutions supported, but will the emergence in the United States of serve collectively as excellent models schools. These solicitations are intended the middle school with single subject to complement, not to supplant, already for other teacher training institutions classrooms and teachers. In science and that wish to develop similar programs. existing program guidelines and mathematics, former elementary school From this solicitation the Division announcements, which describe the teachers or secondary teachers have expects to make 4-12 awards in the broad range of interests of NSF’s been reassigned to teach content in amount of $500,000-$1,500,000. The Divisions of Materials Development and these schools. Few, if any, have been durations of these awards are Research (see NSF Publication 85-10) specifically trained to do so. Currently anticipated to be 3-5 years. Total dollar and of Teacher Enhancement and very few colleges and universities have allocation to this group of targeted Informal Science Education (NSF 85-9). programs specifically oriented to the projects is expected to be at least Introduction needs of those preparing for middle/ $6,000,000 over the 3-5 year period. junior high school science or The Division of Teacher Preparation mathematics teaching.1 Yet it is and Enhancement (formerly the Division Important Considerations critically important that students at the of Teacher Enhancement and Informal Proposals responsive to this middle and junior high school levels— Science Education) supports a wide solicitation should describe the early adolescents who often make range of programs designed to development, implementation, and decisions about whether to pursue or strengthen the teaching of mathematics, evaluation of exemplary programs for abandon interests in science and science and technology. The Division the preservice preparation of middle/ mathematics—be taught by qualified supports: junior high school science or teachers who have received adequate mathematics teachers, i.e. teachers in • The development of creative new training in science and mathematics and single subject classrooms in grades 5-9. programs and materials for the in the teaching of science and The programs described in submitted preparation of those studying to become mathematics at these levels.218,4 Not proposals are expected to include, but percollege teachers of science, only is excellent science and are not limited to, the following mathematics or technology; mathematics teaching necessary for • The development of programs and characteristics: those students who may later elect to materials that enhance teachers’ 1. The program should emphasize pursue careers in science or preparation, enrich their experiences, science and/or mathematics content mathematics; it is essential for ALL and provide background for leadership; appropriate for middle/junior high students who must function effectively • The development of programs that school grades. The courses should be as citizens in a high technology society. provide resource-sharing networks and taught in a manner appropriate for The Division of Teacher Preparation professional linkages among teachers, and Enhancement, in an effort to prospective teachers. colleges and universities, industries and address this need, is inviting proposals 2. Programs should include other scientific and educational from colleges and universities to components dealing with methods of organizations; and develop comprehensive model programs teaching science or mathematics to the • The recognition of excellence in for training middle/junior high school early adolescent learner. teaching through Presidential Awards. science or mathematics teachers. 3. The development team must include The Division employs a combined scientists or mathematicians from approach in eliciting and selecting disciplinary departments as well as 1 Survey Results: Preservice Preparation of projects for support. First, the Division Teachers of Science at the Elementary, Middle, and experts on the teaching of science or accepts “unsolicited” proposals Junior High School Levels, K. Mechling. National mathematics at this level. Also, submitted in response to program Science Teachers Association, 1982. collaboration with practitioners in the announcements describing its general * Early Adolesence: Perspectives and schools and other education specialists Recommendations, P. Hurd. Report prepared for the during the development and interests (e.g., NSF 85-9 and NSF 85-10). National Science Foundation, Directorate for Second, the Division will issue Science Education, Office of Program Integration, implementation of the program is occasional program solicitations, each September, 1978. strongly encouraged. targeted to address a specific high 3 Standards for the Preparation and Certification 4. Programs should be based on a priority problem or opportunity. These of Teachers of Science, K-12, Position Statement, coherent approach or orientation to the National Science Teachers Association, 1983. teaching of science or mathematics and solicitations often are for one-time NSF 4 Guidelines for the Preparation of Teachers of support that is designed to leverage or Mathematics. National Council of Teachers of . the preparation of teachers to teach energize activity with the expectation Mathematics, 1981. science or mathematics at the middle Federal Register / Vol 50, No. 214 / Tuesday, November 5, 1985 / Notices 45953 school/junior high level. The rationale Three copies of a preliminary inquiry Federal statutes and regulations and for the chosen approach should be should be sent no later than February NSF policies, no person shall be presented in the proposal. It is expected 14,1986 directly to: Teacher Preparation excluded on grounds of race, color, age, that this solicitation will result in Program, Division of Teacher gender, national origin, or physical support of new approaches to the Preparation and Enhancement, handicap from participation under any preparation of teachers which reflect Directorate for Science and Engineering program or activities receiving financial our best understanding and latest beliefs Education, National Science Foundation, assistance from the National Science about the process. Washington, DC 20550. Foundation. 5. In addition to describing in detail the rationale, content and methods of Formal Proposals NSF has TDD (Telephonic Device for the Deaf) capability which enables development for the model program, For guidance on the specifics of proposals should clearly define the proposal preparation, proposers should individuals with hearing impairment to schedule for and mechanisms of consult the Program Announcement, communicate with the Division of implementation, plans for evaluation of Division of Materials Development and Personnel and Management for the program, and methods for providing Research (NSF 85-10) and Grants for information relating to NSF programs, information on the model. Scientific and Engineering Research employment, or general information. 6. Proposals should include sufficient (NSF 83-57). The first of these This number is (202) 357-7492. evidence of institutional commitment to publications includes required forms When to Submit ensure that the new programs that are that should accompany each proposal developed will be supported and and a discussion of the criteria that are All formal proposals responding to sustained after the development period. used in evaluating proposals. The this program solicitation must be In particular, assurances that the new second publication provides detailed received no later than May 2,1986. program, if successful, will become one information on proposal.preparation and Project starting dates of September 1, of the continuing programs offered by processing and on grant administration. 1986, or later may be requested. the institution is required through This latter document should be used Preliminary inquiries, if submitted, must appropriate letters of support. with the following understanding: be received by February 14,1986 to 7. Proposals should discuss plans or • For "research” substitute "science receive staff review and comment. proposals for certification of graduates education” or “science education of the new program. project” as appropiate; What to Submit • The terms "new discoveries” or By their nature, proposals appropriate Preparation and Submission of “fundamental advances” include for the solicitation target described in Proposals development of the science and this announcement are likely to be one engineering infrastructure directed of a kind and rather complex. Therefore, Preliminary Inquiries toward those goals. Except as modified contact with program staff before Brief preliminary inquiries are by the guidelines set forth herein and in submitting formal proposals is strongly suggested but not required. The NSF 85-10, preparation (content, format, encouraged. Program staff can be preliminary inquiry process provides an budget, other sources of support, etc.), reached at 202/357-7069. opportunity for the proposers to explore proposal submission, evaluation, NSF awards (general information and Fifteen (15) complete copies of the their project ideas with Foundation staff proposal and three (3) additional copies and to receive comments. While a highlights), declinations, and withdrawals contained in NSF 83-57 are of the Cover Sheet, Project Summary, preliminary inquiry has no influence on and Data Sheet should be prepared and any subsequent review, it may help to applicable. These publications can be sent to: Data Support Services Section, identify project weakness or omissions obtained from the Forms and National Science Foundation, Room 220, and focus the project on ideas that show Publications Unit, National Science Washington, D.C. 20550. the most promise. Foundation, 1800 G Street NW., Washington, DC 20550. Preliminary inquiries should be no Cover Page longer than 8 doubled-spaced pages and In the upper left hand block labeled should address the following topics: Who May Submit “For Consideration by NSF • What, in broad outline, is the Colleges and universities or other Organizational Unit,” it is important to proposed program? organizations qualified to prepare • What is the rationale for the teachers are eligible to submit identify the Division and the solicitation program? proposals. target to which are responding, i.e., • How will the program be evaluated? The Foundation provides awards for "Division of Teacher Preparation and • Who are the scientists, science science and engineering education. The Enhancement: Program for Preparing educators, and others involved in the awardee is wholly responsible for the Middle School Science and Mathematics development, implementation, and conduct of such science education Teachers.” evaluation of the program? projects and for the preparation of the Additional Information • What are the approximate yearly results for publication. The Foundation, costs by broad categories of therefore, does not assume Questions not addressed in this expenditures? responsibility for such findings or their publication or in the publications NSF • What is the proposed duration of interpretation. 85-10 and NSF 83-57 may be directed to the project? The Foundation welcomes proposals the NSF staff by writing to: Teacher Preliminary inquiries and staff from all qualified scientists and science Preparation Program, Division of opinions have no bearing on the peer educators, and strongly encourages Teacher Preparation and Enhancement, review process for a formal proposal. No women and minorities to compete fully Directorate for Science and Engineering information concerning the preliminary in the development programs described Education, National Scieqce Foundation, inquiries is available to peer reviewers. in this document. In accordance with Washington, D.C. 20550. 45954 Federal Register / VoL 50, No, 214 / Tuesday, November 5, 1985 / Notices

(Catalog of Federal Domestic Assistance associated with this proposed Appendix J to 10 CFR Part 50 to Number 47.066, Teacher Preparation and exemption. Consumers Power Company (CPCo) (the Enhancement) With regard to potential non- licensee) for the Big Rock Point Plant, George W. Tressel, radiological impacts, the proposed located at the licensee's site in Acting Division Director, Materials exemption involves features located Charlevoix County, Michigan. Development and Research. entirely within the restricted area as (FR Doc. 85-28363 Filed 11-4-85; 8:45 am) defined in 10 CFR Part 20. It does not Environmental Assessment BILLING CODE 7555-01-M affect non-radiological plant effluents Identification of the Proposed Action- and has no other environmental impact The exemption would exempt the Therefore, the Commission concludes licensee from the Appendix J that there are no significant non- requirement of testing the reactor NUCLEAR REGULATORY radiological environmental impacts COMMISSION containment building airlock door seals associated with the proposed within 72 hours of each opening. Hie [Docket No. 50-247] exemption. proposed exemption is in accordance Alternative Use of Resources: This with the licensee’s request dated Consolidated Edison of New York, Inc.; action involves no use of resources not September 15,1975, as supplemented on Environmental Assessment and previously considered in the Final October 10,1980 and as supported by Finding of No Significant Impact Environmental Statement (construction additional commitments made on permit and operating license) for the February 2,1984. The U.S. Nuclear Regulatory Indian Point Nuclear Generating Unit The Need for the Proposed Action- 10 Commission (the Commission) is No. 2. CFR 50.54(g) requires that all licensees considering issuance of an exemption Agencies and Persons Consulted: The meet die requirements of Appendix J— from the requirements of Appendix R to NRG staff reviewed the licensee's Primary Reactor Containment Leakage 10 CFR Part 50 to Consolidated Edison request and did not consult other Testing for Water-Cooled Power Company of New York (the licensee] for agencies or persons. Reactors. Section IIIJD.2{b){iii) of the Indian Point Nuclear Generating Appendix J requires that airlocks Unit No. 2, located at Westchester Finding of No Significant Impact opened during periods when County, New York. The Commission has determined not containment integrity is required shall to prepare an environmental impact be tested for leakage within 3 days after Environmental Assessment statement for the proposed exemption. each opening, or shall be tested every 3 Based upon the foregoing Identification of Proposed Action: The days during periods of frequent environmental assessment, we conclude exemption would relax the technical openings. Section III.D.2(b)(i) of that the proposed action will not have a requirements concerning emergency Appendix J requires that full pressure significant effect on the quality of the lighting. airlock leak tests be done every 6 human environment The exemption it responsive to the months. In lieu of these requirements, For further details with respect to this licensee’s applications for exemption the licensee has proposed to (1) perform action, see die applications for dated January 10 and July 13,1983, as full pressure leakage tests of airlock exemption dated January 10 and July 13, supplemented by letters dated July 29 every 6 months, and (2) replace airlock and September 9,1983, April 30,1984, 1983, and supplements dated July 29 and September 9,1983, April 30,1984, and door seals periodically in accordance and January 31, May 23, and July 26, with manufacturer’s recommendations. 1985. January 31, May 23, and July 26,1985, which are available for public Environmental Impacts of the The Need for the Proposed Action: Proposed Action: The proposed The proposed exemption is needed inspection at the Commission’s Public Document Room, 1717 H Street NW., exemption pertains to the frequency of because the features described in the testing the containment airlocks. The licensee’s requests regarding the Washington, DC, and at the Local Public Document Room, White Plains Public NRC staff evaluated containment existing fire protection at the plant for airlock leak testing during the Integrated these items are the most practical means Library, 100 Martine Avenue, White Plains, New York 10610. Assessment portion of the Systematic for meeting the intent of Appendix R Evaluation Program. The staff and literal compliance would not Dated at Bethe&da, Maryland, this 30th day conclusion, documented in section 4.20 of October 1985. significantly enhance the fire protection of NUREG-0828, was that the licensee’s capability. For the Nuclear Regulatory Commission. proposed leakage testing program Environmental Impacts of the Gus C. Lainas, including more frequent full pressure Proposed Action: The proposed Assistant Director for Operating Reactors, testing, and periodic replacement of exemption will provide a degree of fire Division o f Licensing. airlock door seals in accordance with protection that is equivalent to that (FR Doc. 85-28379 Filed 11-4-85; 8:45 am) the manufacturer's recommendations required by Appendix R for the affected BILLING CODE 7590-01-M would provide an acceptable alternative areas of the plant such that there is no to strict compliance with the applicable increase in the risk of fires at this [Docket No. 50-155] Appendix J requirements. This facility. Consequently, the probability of conclusion is further supported by the fires has not been increased and the past good performance of the airlock post-fire radiological releases will not Consumers Power Co.; Environmental Assessment and Finding of No door seals at the Big Rock Point facility. be greater than previously determined Significant Impact The alternative actions proposed by the nor does the proposed exemption licensee would provide reasonable otherwise affect radiological plant The U.S. Nuclear Regulatory assurance that airlock leakage will not effluents. Therefore, the Commission Commission (the Commission) is exceed acceptable levels. Thus, the concludes that there are no significant considering the issuance of an exemption does not affect the risk of radiological environmental impacts exemption from the requirements of facility accidents. Post-accident Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45955 radiological releases will not be greater NRC Form 212, “Qualifications ACTION: Notice of the Office of than previously determined nor does the investigation, Professional”; OMB Management and Budget review of proposed exemption otherwise affect Review of Information Collection information collection. radiological plant effluents, or any Activities significant occupational exposures. The SUMMARY: The Nuclear Regulatory exemption does not affect AGENCY: Nuclear Regulatory Commission has recently submitted to nonradiological plant effluents and has Commission. the Office of Management and Budget (OMB) for review the following proposals no other environmental impact. ACTION: Notice of the Office of for the collection of information under Therefore, the Commission concludes Management and Budget review of the provisions of the Paperwork that there are no significant radiological information collection. Reduction Act (44 U.S.C. Chapter 35). or nonradiological environmental SUMMARY: The Nuclear Regulatory impacts associated with the proposed 1. Type of submission, new, revisibn, Commission has recently submitted to or extension: Extension. exemption. Since we have concluded the Office of Management and Budget 2. The title of the information that there is no measurable (OMB) for review the following proposal collection: “Qualifications Investigation, environmental impact associated with for the collection of information under Clerical/Secretarial”. the proposed exemption, any alternative the provisions of the Paperwork 3. The form number if applicable: NRC such as literal compliance with section Reduction Act (44 U.S.C. Chapter 35). Form 212A. III.D.2(b)(iii) will either have no 1. Type of submission, new, revision 4 How often the collection is environmental impact or greater or extension: Extension. required: When an applicant is environmental impact. The principal 2. The title of the information considered for employment. alternative to the exemption would be to collection: Qualifications Investigation, 5. Who will be required or asked to require literal compliance with section Professional. report: Previous supervisors and III.D.2(b)(iii) of Appendix J to 10 CFR 3. The form number if applicable: NRC personel acquaintances. Part 50. This would require Big Rock Form 212. 6. An estimate of the number of Point to leak-test the containment 4. How often the collection is responses: 2,000. airlocks every 3 days. Such testing required: when an applicant is- 7. An estimate of the total number of would not enhance the protection of the considered for employment. hours needed to complete the environment. 5. Who will be required or asked to requirement or request: 500. Alternative Use o f Resources: The report: Previous supervisors and 8. Section 3504(h), Pub. L. 96-511 does proposed exemption involves no use of personal acquaintences. not apply. 6. An estimate of the number of resources not previously considered. 9. Abstract: Information used to responses: 2000. determine qualifications and suitability Agencies and Persons Consulted: The 7. An estimate of the total number of of applicants for employment with the NRC staff has reviewed the licensee’s hours needed to complete the NRC. request as discussed above. The NRC requirement or request: 500. ADDRESSES: Copies of the submittal will staff did not consult any other agencies 8. Section 3504(h), Pub. L. 96-511 does or persons. be made available for inpection or not apply. copying for a fee at the NRC Public Finding of No Significant Impact 9. Abstract: Information used to Document Room, 1717 H Street, N.W., determine qualifications and suitability Washington, DC 20555. The Commission has' determined not of applicants for employment with NRC. to prepare an environmental impact FOR FURTHER INFORMATION CONTACT: a d d r e s s e s : Copies of the submittal will statement for the proposed exemption. Comments and questions should be be made available for inspection or Based upon the foregoing directed to the OMB reviewer, Jefferson copying for a fee at the NRC Public B. Hill, (202) 395-7340. environmental assessment, we conclude Document Room, 1717 H Street, NW., that the proposed action will not have a Washington, DC 20555. NRC Clearance Officer R. Stephen Scott, (301) 492-8585. significant effect-on the quality of the FOR FURTHER INFORMATION CONTACT: human environment. Dated at Bethesda, Maryland, this 29th day Comments and questions should be of October 1985. For further details with respect to this directed to the OMB reviewer, Jefferson For the Nuclear Regulatory Commission. action, see request for exemption dated B. Hill, (202) 395-7340. Patricia G. Norry, September 15,1975 and supplemental NRC Clearance Officer R. Stephen Director, Office of Administration. submittals dated October 10,1980 and Scott, (301) 492-8585. February [FR Doc. 85-26378 Filed 11-14-85; 8:45 am] 2,1984, which are available for Dated at Bethesda, Maryland, this 29th day public inspection at the Commission's of October 1985. BILLING CODE 7590-01-M Public Document Room, 1717 H Street, For the Nuclear Regulatory Commission. NW., Washington, DC, and at North Patricia G. Norry, Central [Docket No. STN 50-528] Michigan College, 1515 Harvard Director, Office of Administration. Street, Petoskey, Michigan 48770. [FR Doc. 85-26377 Filed 11-4-85; 8:45 am] Arizona Public Service Co.; Dated at Bethesda, Maryland, this 29th day BILLING CODE 7590-01-M Consideration of an Application for of October 1985. Approval of a Proposed Transfer of For the Nuclear Regulatory Commission. Interests Under a Proposed Sale and NRC Form 212A, “Qualifications Leaseback Transaction, Proposed no Dennis M. Crutchfield, Investigation, Clerical/Secretarial”; Significant Hazards Determination, - Assistant Director for Safety Assessment, OMB Review of Information Collection Solicitation of Comments and Division of Licensing, Office of Nuclear Activities. Opportunity for Hearing Reactor Regulation. IFR Doc. 85-26380 Filed 11-4-85; 8:45 am] AGENCY: U.S. Nuclear Regulatory The Nuclear Regulatory Commission BILLING CODE 7590-01-M Commission. is considering an application dated 45956 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

October 18,1985, filed by Arizona Public the PNM, as a lessee rather than an essentially is a recognition of the Service Company (APS] on behalf of owner, and the other present licensees conversion of PNM’s right of possession Public Service Company of New Mexico of PVNGS Unit 1, APS would continue of an interest in PVNGS Unit 1 from a (PNM] and The First National Bank of to be the sole licensee authorized to use fee interest to a leasehold, does not Boston, as Owner Trustee (Owner and operate PVNGS Unit 1. present an unreviewed environmental Trustee), for the issuance of an order It is proposed that throughout the term impact and that no environmental under 10 CFR Part 50 approving (i) the of the leaseholds PNM will have the full impact statement or appraisal need be transfer by PNM to the Owner Trustee and exclusive authority and prepared in acting upon the application. of the fee interest and (ii) the responsibility to exercise and perform No determination has been made of simultaneous transfer by the Trustee all of the rights and duties of a whether granting the request would back to PNM of a long-term (28Vi years, Participant in PVNGS under the ANPP require an amendment or transfer of approximately] possessory leasehold Participation Agreement. PNM will also license NPF-41. Should a license interest in a major protion of PNM’s 10.2 retain responsibility for the payment of amendment be necessary, the percent interest in Palo Verde Nuclear its share of the operating and Commission will have made findings Generating Station (PVNGS) Unit 1 as maintenance expenses and costs of required by the Atomic Energy Act of contemplated in the proposed sale and capital improvements during the term of 1954, amended (the Act) and the leasback financing transaction the leaseholds and thereafter, in the Commission’s regulations. described in the application. Under the absence of other Commission action, for The Commission has made a proposed proposed transaction, it is represented 10.2 percent of the costs of determination that an amendment, if that PNM would remain in possession of decommissioning associated with needed, would involve no significant its present interests in PVNGS under a PVNGS Unit 1. hazards consideration. Under the leasehold rather than by virtue of The application proposes that the Commission’s regulations in 10 CFR ownership. order authorizing die transfers 50.92, this means that oper&tion of the Under Facility Operating License contemplated by the sale and leaseback facility in accordance with the proposed NPF-41, issued June 1,1985, PNM, APS transaction incorporate conditions (a) amendments would not: (1) Involve a and other named utilities are licensed to that the rights acquired by the Owner significant increase in the probability or possess PVNGS Unit 1, and APS is Trustee and any equity investor and any consequences of an accident previously licensed to use and operate the facility. successors and assigns (including any evaluated; or (2) create the possibility of PVNGS Unit 1 is part of a three unit mortgagee or secured party of such a new or different kind of accident from PVNGS project jointly owned by those Owner Trustee) in and to PVNGS Unit 1 any accident previously evaluated^ or (3) utilities, with PNM having a 10.2 percent may be exercised only in compliance involve a significant reduction in a interest in PVNGS Unit 1 and the with and subject to the same margin of safety. PVNGS project’s common facilities. requirements and restrictions as would The applicant’s request is for approval Under a Arizona Nuclear Power Project apply to PNM pursuant to the provisions of the sale and leaseback transaction (ANPP) Participation Agreement, each of the License, the Atomic Energy Act of with PNM remaining in possession of its owner of the PVNGS project is obligated 1954, as amended, and the regulations present interests in PVNGS and to pay a share, equal to its ownership issued by the Commission pursuant to continuing to be obligated to pay its interest, of all costs of construction, the Act; (b) that neither the Owner share of all costs of construction, maintenance, operation, capital Trustee nor any equity investor nor any maintenance, operation, capital improvements and decommissioning of of their respective successors or assigns improvements and decommissioning. each of the PVNGS units, and entitled to may take possession of any interest in The Owner Trustee would not have any share equal to its ownership interests of PVNGS 1 prior to either (1) the issuance right of possession in, absent further the electrical output of the units. APS is of a license from the Commission license amendment, or control over authorized to act as agent for the other authorizing such possission or (2) the PVNGS Unit 1. APS would be the sole licensees of PVNGS Unit 1, and has transfer of the License authorizing PNM licensee authorized to use and operate exclusive responsibility and control over to possess an interest in PVNGS Unit 1 the facility. Based on the above, and the physical construction, maintenance upon an application for transfer of such under the criteria in 10 CFR 50.92(c), the and operation of the facility. License filed pursuant to 10 CFR 50.80 Staff proposed to determine, if a license APS has filed the subject application (b); and (c) that neither the Owner amendment is necessary, that on behalf of PNM seeking Commission’s Trustee nor any equity investor nor any amendment to the license would not approval for PNM to sell to the Owner of their respective successors and involve significant hazards Trustee for the benefit of equity assigns need become a licensee under considerations. investors, all or a portion of PNM’s 10.2 the License unless and until the The Commission is seeking public percent ownership interest in PVNGS Commission shall have issued an comments on the application and this Unit 1 and all or a proportionate share amendment of such License authorizing proposed determination. Any comments of one-third of PNM’s interest in the such Owner Trustee, equity investor, received within 30 days after the date of PVNGS project’s common facilities, with sucessor or assign to take possession of publication of this notice will be the Owner Trustee simultaneously an interest in PVNGS Unit 1 or shall considered in making any final leasing back these interests to PNM for have approved a transfer of PNM’s determination. The Commission will not a basic term of about 28 Vi years with License to such Owner Trustee, equity normally make a final determination rights of renewal and repurchase. The investor, successor or assign. In unless it receives a request for a application does not request any addition, the Commission may also hearing. amendment or transfer of the license incorportae such other conditions or Comments should be addressed to the NPF-41 as it is not requested that the amend the license in such manner as it Rules and Records Branch, Division of Owner Trustee have any right of believes necessary to protect the public Rules and Records, Office of possession in, absent a futher license health, safety and interest. Administration, U.S. Nuclear Regulatory amendment, or control over PVNGS Unit The application also asserts that the Commission, Washington, DC 20555. 1. Those rights would remain solely in grant of the relief requested, which Comments may also be delivered to Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45957

Room 4000, Maryland National Bank sought to be litigated in the matter, and Washington, DC, by the above date. Building, Bethesda, Maryland from 8:15 the bases for each contention set forth Where petitions are filed during the last a.m. to 5:00 p.m. Monday through Friday. with reasonable specificity. Contentions ten (10) days of the notice period, it is Further, although no determination shall be limited to matters within the requested that the petitioner promptly so has been made to hold hearings on the scope of the amendments under inform the Commission by a toll-free subject application, by December 5, consideration. A petitioner who fails to telephone call to Western Union at (800) 1985, the licensee may file a request for file such a supplement which satisfies 325-8000 (in Missouri (800) 342-6700). a hearing with respect to issuance of the these requirements with respect to at The Western Union operator should be amendment to the subject facility lease one contention will not be given Datagram Identification Number operating licenses and any person permitted to participate as a party. 3737 and the following message address whose interest may be affected by this Those permitted to intervene become to Edward J. Butcher: (petitioner’s* name proceeding and who wishes to parties to the proceeding, subject to any and telephone number), (date petition participate as a party in the proceeding limitations in the order granting leave to was mailed), (plant name), and must file a written petition for leave to intervene, and have the opportunity to (publication date and page number of intervene in any hearings which may be participate fully in the conduct of the this Federal Register notice). A copy of held. Request for a hearing and petitions hearing, including the opportunity to the petition shold also be sent to the for leave to intervene shall be filed in present evidence and cross-examine Executive Legal Director, U.S. Nuclear accordance with the Commission’s witnesses. Regulatory Commission, Washington, "Rules of Practice for Domestic If a hearing is requested, the DC 20555, and to Arthur C. Gehr,.Snell & Licensing Proceedings” in 10 CFR Part 2. Commission will make a final Wilmer, 3100 Valley Bank Center, If a request for a hearing or petition for determination on the issue of no Phoenix, AZ 85073. leave to intervene is filed by the above significant hazards consideration and Nontimely filings of petitions for leave date and it is determined that a hearing whether hearings are necessary. The to intervene, amended petitions, be held, the Commission or an Atomic final determination will serve to decide supplemental petitions and/or requests Safety and Licensing Board, designated when the hearing, if any, is held. for hearing will not be entertained by the Commission or by the Chairman If the final determination is that the absent a determination by the of the Atomic Safety and Licensing amendment request involves no Commission, the presiding officer or the Board Panel, will rule on the request significant hazards consideration, the Atomic Safety and Licensing Board and/or petition and the Secretary or the Commission may issue the amendments designated to rule on the pétition and/or designated Atomic Safety and Licensing and make them effective, request, that the petitioner has made a Board will issue a notice of hearing or notwithstanding the request for a substantial showing of good cause for an appropriate order. hearing. Any hearing held would take the granting of a late petition and/or As required by 10 CFR 2.714, a place after issuance of the amendments. request. That determination will be petition for leave to intervene shall set If the final determination is that a based upon a balancing of the factors forth with particularity the interest of license amendment involving a specified in 10 CFR 2.714(a)(2)(i)—(v) and the petitioner in the proceeding, and significant hazards consideration is 2.714(d), how that interest maybe affected by the necessary, any hearing held would take For further details with respect to this results of the proceeding. The petition place before the issuance of any action, see the application dated should specifically explain the reasons amendment. October 18,1985, which is available for why intervention should be permitted Normally, the Commission will not public inspection at the Commission’s with particular reference to the issue the amendments until the Public Docùment Room, 1717 H Street, following factors: (1) The nature of the expiration of the 30-day notice period. NW, Washington, DC, and at the local petitioner’s right under the Act to be However, should circumstances change public document room at the Phoenix made a party to the proceeding; (2) the during the notice period such that failure Public Library, 12 E. McDowell Road, nature and extent of the petitioner’s to act in a timely way would result, for Phoenix, AZ 85004. property, financial, or other interest in example, in derating or shutdown of the the proceeding; and (3) the possible facility, the Commission may .issue the Dated at Bethesda, Maryland, this 1st day of November, 1985. effect of any order whicn may be license amendments before the entered in the proceeding on the expiration of the 30-day notice period, For the Nuclear Regulatory Commission. petitioner’s interest. The petition should provided that its final determination is Frank ). Miraglia, identify the specific aspect(s) of the that the amendments involve no Deputy Director, Division of Licensing, Office subject matter of the proceeding as to significant hazards consideration. The of Nuclear Reactor Regulation. which petitioner wishes to intervene. final determination will consider all [FR Doc. 85-20371 Filed 11-4-85; 8:45 am) Any person who has filed a petition for public and State comments received. BILLING CODE 7S90-01-M leave to intervene or who has been Should the Commission take this action, admitted as a party may amend the it will publish a notice of issuance and petition without requesting leave of the provide for opportunity for a hearing Board up to fifteen (15) days prior to the after issuance. The Commission expects DEPARTMENT OF THE TREASURY first prehearing conference scheduled in that the need to take this action will Customs Service ihe proceeding, but such an amended occur very infrequently. petition must satisfy the specificity A rquest for a hearing or a petition for Proposed Change In Hours of Customs requirements described above. leave to intervene must be filed with the Service at Neche, ND Not later than fifteen (15) days prior to Secretary of the Commission, U.S. the first prehearing conference Nuclear Regulatory Commission, AGENCY: Customs Service, Treasury. scheduled in the proceeding, a Washington, DC 20555. Attention: a c t io n : Notice of proposed change in Petitioner shall file a supplement to the Docketing and Service Branch, or may hours of service; solicitation of petition to intervene which must include be delivered to the Commission’s Public comments. a list of the contentions which are Document Room, 1717 H Street, NW, 45958 Federal Register / VoL 50, No. 214 / Tuesday, November 5, 1985 / Notices

SUMMARY: This notice solicits public The proposal, if adopted, would December 3 through 5,1985, beginning at comments on a proposed reduction in enable Customs to save one full-time 9 a.m. on Tuesday. The purpose of the the hours of service currently provided position while allowing a more efficient meeting is to review rehabilitation at the Customs port of entry at Neche, use of personnel, facilities, and research and development applications North Dakota, located on the U.S.- resources. In addition, the proposal for scientific and technical merit and to Canadian border, in,the Pembina, North would not have any major adverse make recommedations to the Director, Dakota, Customs district. impact on industry, transportation, or Rehabilitation Research and Because traffic entering the U.S. at the local residents because of the close Development Service regarding their Neche does not justify the current daily proximity to Pembina which could funding. 8 a.m. to midnight schedule, it is easily absorb any additional workload. The meeting will be open to the public proposed to reduce the daily schedule to Comments (to the seating capacity of the room) at 9 a.m. to 10 p.m. It is believed that die the start of the December 3 sessiqn for proposed change would enable Customs Before adopting this proposal, approximately one hour to cover to obtain more efficient use of its consideration will be given to any administrative matters and to discuss personnel, facilities, and resources. written comments timely submitted to the general status of the program and Customs. Comments submitted will be d a t e : Comments must be received on or the administrative details of the review available for public inspection in before January 6,1986. process. During the closed session, the accordance with the Freedom of ADDRESS: Comments (preferably in Board will be reviewing research and Information Act (5 U.S.C. 552), § 1.4, development applications. This review triplicate) may be submitted to and Treasury Department Regulations (31 involves oral comments, discussion of inspected at the Regulations Control CFR 1.4), and § 103.11(b), Customs site visits, staff and consultant critiques Branch, U.S. Customs Service, Room Regulations (19 CFR 103.11(b)), on of research protocols, and similar 2426,1301 Constitution Avenue, NW., regular business days between the hours analytical documents that necessitate Washington, D.C. 20229. of 9:00 a.m. to 4:30 p m at the the consideration of the personal FOR FURTHER INFORMATION CONTACT: Regulations Control Branch, Room 2426, qualifications, performance and U.S. Customs Service Headquarters, Bernie Harris, Office of Inspection and competence of individual research 1301 Constitution Avenue, NW., Control, U.S. Customs Service, 1301 investigators. Disclosure of such Washington, D.C. 20229. Constitution Avenue, NW., Washington, information would constitute a clearly D.C. 20229 (202-566-8157). List of Subjects in 19 CFR Part 101 unwarranted invasion of personal SUPPLEMENTARY INFORMATION: Customs duties and inspection, privacy. Proprietary data from contractors and private firms will also Background Organization and functions (Government agencies). be presented and this information Section 101.6, Customs Regulations (19 should not be disclosed in a public CFR 101.6), provides that each Customs Drafting Information session. Premature disclosure of Board office shall be open for the transaction The principal author of this document recommendations would be likely to of Customs business between the hours was John Doyle, Regulations Control significantly frustrate implementation of of 8:30 a.m. and 5:00 p.m. on all days of Branch, Office of Regulations and final proposed actions. Thus, the dosing the year except Saturdays, Sundays, and Rulings, U.S. Customs Service. However, is in accordance with section 552b, national holidays. It also provides that personnel from other Customs offices subsections (c)(4), (c)(6), and (c)(9)(B), services performed outside a Customs participated in its development. Title 5, United States Code and the office generally shall be furnished . Dated: October 15,1985. determination of the Administrator of between the hours of 8:00 ami. and 5:00 Veterans Affairs under section 10(d) of William von Raab, p.m. However, because of local Pub. L. 92-463 as amended by section Commissioner o f Customs. conditions, different but equivalent 5(c) of Pub. L. 94-409. [FR Doc. 85-26353 Filed 11-4-85; 8:45 am) hours may be necessary to maintain Due to the limited seating capacity of adequate and efficient service. BILLING CODE 4820-02-M the room those who plan to attend the The Customs port of entry of Neche, open session should contact Dr. Larry P. North Dakota, located on the U.S.- VETERANS ADMINISTRATION Turner, Administrative Officer, Canadian border in the Pembina, North Rehabilitation Research and Dakota, Customs district is currently Scientific Review and Evaluation Development Service, Veterans open and staffed from 8 .*0 0 a.m. to Board for Rehabilitation Research and Administration Central Office, 810 midnight, daily. A recent survey showed Development; Meeting Vermont Avenue, NW, Washington, DC that there is an average daily total of 20420 (Phone: (202) 389-5177) at least 5 less than 10 trucks and other vehicles In accordance with Pub. L. 92-463, the days before the meeting. entering the U.S. through Neche from Veterans Administration gives notice of Canada during the three hours of service a meeting of the Scientific Review and Dated: October 28,1985. By Direction of the Administrator, proposed for elimination; 8:00 a.m.-9:00 Evaluation Board for Rehabilitation a.m. and 10:00 p.m-midnight. Pembina, Research and Development. This Rosa Maria Fontanez, North Dakota, which is 16 miles east of meeting will convene at the Park Com m ittee M anagem ent O fficer. Neche, is open for operation 24 hours Terrace Hotel, 1515 Rhode Island [FR Doc. 85-26367 Filed 11-4-85; 8:45 am] daily. Avenue NW., Washington, DC 20005, BILLING CODE 8320-01-M 45959

Sunshine Act Meetings Federal Register Vol. 50, No. 214

Tuesday, November 5, 1985

This section of the FEDERAL REGISTER PLACE: 2033 K Street, NW., Washington, The Federal Communications contains notices of meetings published DC, 5th Floor Hearing Room. Commission held a Special Closed under the “Government in the Sunshine s t a t u s : Closed. Meeting on the subject listed below on Act" (Pub. L. 94-409) 5 U.S.C. 552b(e)(3). MATTERS TO BE CONSIDERED: Thursday, October 31,1985, following Enforcement First Quarter Objectives, the Open Meeting, which was scheduled to commence at 9:30 a.m., in Room 856, CONTENTS FY 1986. at 1919 M Street, NW„ Washington, DC. CONTACT PERSON FOR MORE hem Continuity of Government Briefing Commodity Futures Trading Commis- INFORMATION: Jean A. Webb, 254-6314. sion._...... 1 -5 Jean A. Webb, This meeting was closed to the public Federal Communications Commission. 6 Secretary of the Commission. because it concerned privileged/ Interstate Commerce Commission...... 7 [FR Doc. 85-26464 Filed 11-1-85; 2:22 pm] confidential matters (See 47 CFR National Transportation Safety Board.. 8 BILUNG CODE 6351-01-M 0.603(d]J. Nuclear Regulatory Commission...... 9 The prompt and orderly conduct of 1 4 Commission business requires that less than 7-days notice be given COMMODITY FUTURES TRADING COMMODITY FUTURES TRADING consideration of this matter. COMMISSION * COMMISSION The following persons were expected t im e a n d d a t e : 10:00 a.m., November 12, TIME AND DATE: 10:00 a.m., November 22, to attend: 1985. 1985. Commissioners and their Assistants p l a c e : PLACE: 2033 K Street, NW., Washington, 2033 K Street, NW., Washington, Bureau and Office Chiefs DC., 8th Floor Conference Room. DC, 8th Floor Conference Room. s t a t u s : Closed. s t a t u s : Closed. Action by the Commission October 30, 1985. Commissioners Fowler, Chairman; m a t t e r s TO BE CONSIDERED: Judicial MATTERS TO BE CONSIDERED: Review of Quello, Dawson and Patrick voting to Session. self-regulatory organization. consider this matter in Closed Session. CONTACT PERSON FOR MORE CONTACT PERSON FOR MORE This meeting may be continued the INFORMATION: Jean A. Webb, 254-6314. INFORMATION: Jean A. Webb, 254-6314. following work day to allow the Jean A. Webb, Jean A. Webb, Commission to complete appropriate Secretary of the Commission. S ecreta ry o f the C om m ission. action. [FR Doc. 85-28462 Filed 11-1-85; 2:22 pm] [FR Doc. 85-26465 Filed 11-1-85; 2:22 pm] Additional information concerning BILUNG CODE 6351-01-M BILUNG CODE 6351-01-M this meeting may be obtained from Judith Kurtich, FCC Office of 2 5 Congressional and Public Affairs, telephone number (202) 254-7674. COMMODITY FUTURES TRADING COMMODITY FUTURES TRADING William J. Tricarico, COMMISSION COMMISSION Secretary, Federal Communications TIME AND DATE: 10:00 a.m., November 25, TIME AND DATE: 10:00 a.m., November 19, Commission. 1985. 1985. [FR Doc. 85-26486 Filed 11-1-85; 3:27 pm] p l a c e : 2033 K Street, NW., Washington, PLACE: 2033 K Street, NW., Washington, BILLING CODE 6712-01-M DC., 5th Floor Conference Room. DC, 5th Floor Hearing Room. STATUS: STATUS: O p e n . Open. MATTERS TO BE CONSIDERED: 7 MATTERS TO BE CONSIDERED: Amendments of the GNMA—II Futures INTERSTATE COMMERCE COMMISSION: First Quarter Objectives, F Y 1986 Contract/Chicago Board of Trade Application of the New York Cotton Amendments to the Feeder Cattle Contract/ TIME AND DATE: 9:30 a.m., Wednesday, Exchange for designation in the U.S. Dollar Chicago Mercantile Exchange November 6,1985. Index Proposed Rules on Foreign Futures PLACE: Hearing Room A, Interstate ' CONTACT PERSON FOR MORE CONTACT PERSON FOR MORE Commerce Commission, 12th & information : Jean A. Webb, 254-6314. INFORMATION: Jean A. Webb, 254-6314. Constitution Avenue, NW., Washington, Jean A. Webb, Jean A. Webb, DC 20423. Secretary of the Commission. Secretary of the Commission. STATUS: Open Special Conference. [FR Doc. 85-26463 Filed 11-1-85; 2:22 pm] [FR Doc. 85-26465 Filed 11-1-85; 2:22 pm] This amends the notice served October 30, BILLING CODE 6351-01-M BILUNG CODE 6351-01-M 1985, to reflect a change in the agenda. No. MC-F-16248, et al.—Burlington Northern, 3 6 Inc.—Control Exemption—Victory Freightways, Inc., has been withdrawn from c o m m o d it y f u t u r e s t r a d in g FEDERAL COMMUNICATIONS COMMISSION matters for discussion. c o m m is s io n October 30,1985. MATTERS TO BE DISCUSSED: t im e a n d d a t e : 11:00 a.m., November 19, Special Closed Commission Meeting, 1985. Held Thursday, October 31,1985 Ex Parte No. 392 (Sub-No. 1 ) 45960 Federal Register / Vol. 50, No. 214 / Tuesday, November 5,1985 / Sunshine Act Meetings

Class Exemption for the Acquisition and PLACE: Commissioners' Conference Friday, November 15 Operation of Rail Lines Under 49 U.S.C. Room, 1717 H Street, NW., Washington, 10:00 a.m. 10901. D.C. Discussion/Possible Vote on Full Power CONTACT PERSON FOR MORE Operating License for River Bend (Public STATUS: Open and Closed. Meeting) information : Alvin H. Brown, Office of MATTERS TO BE CONSIDERED: 2:30 p.m. Public Affairs, Telephone: (202) 275- Briefing on Policy Statement on Nuclear 7252. Week of November 4 Power Plant Standardization (Public James H. Bayne, M onday, N ovem ber 4 Meeting) S ecreta ry . 10:00 a.m. Week of November 18—Tentative (FR Doc. 85-26392 Filed 11-1-85; 9:07 am] Quarterly Source Term Briefing (Public Monday, November 18 BILLING CODE 703S-01-M Meeting) 2:00 p.m. 10:30 a.m. Continuation of 9/4 Discussion of Threat Discussion of Management-Organization 8 Level and Physical Security (Closed—Ex. and Internal Personnel Matters (Closed- Ex. 2 & 6) NATIONAL TRANSPORTATION SAFETY 1) 2:00 p.m. BOARD Tuesday, N o vem ber 5 Discussion of 1986 Policy and Planning TIME AND DATE: 9 a.m., November 13, 2:00 p.m. Guidance (Public Meeting) 1985. Discussion of Exemption Requests- Tuesday, November 19 Environmental Qualification (Public p l a c e : 11:00 a.m. NTSB Board Room, Eighth Floor, Meeting) (postponed from October 31) 800 Independence Avenue, SW., Periodic Meeting with Advisory Panel on Washington, DC 20954. Wednesday, November 6 Decontamination of TMI-2 (Public Meeting) 9:30 a.m. STATUS: Open. 2:00 p.m. Briefing on NUMARC Initiatives (Public Briefing by Executive Branch (Closed—Ex. MATTERS TO BE CONSIDERED: Meeting) 2:00 p.m. 1) 1. Petition for Reconsideration of Probable 3:00 p.m. C ause: Aircraft Accident Flight 767, Discussion of Management-Organization Discussion of Exemption Requests— McDonnell Douglas DC-9, FTLU, Greater and Internal Personnel Matters (Closed— Environmental Qualification (Public Cincinnati International Airport, Covington, Ex. 2 & 6) Meeting) Kentucky, June 2,1983. 3:30 p.m. 4:00 p.m. 2. Highway Accident Report Schoolbus Affirmation Meeting (Public Meeting) (if Affirmation Meeting (Public Meeting) (if Rollover; Jefferson, North Carolina, March 13, needed) needed) 1985. Thursday, November 7 Week of November 25—Tentative CONTACT PERSON FOR MORE 10:00 a.m. Tuesday, November 28 INFORMATION: Catherine T. Kaputa (202) Year End Program Review (Public Meeting) 382-6525. 2:00 p.m. 3:30 p.m. Periodic Meeting with Advisory Committee Affirmation Meeting (Public Meeting) (if Catherine T. Kaputa, on Reactor Safeguards (ACRS) (Public needed) Federal Register Liaison Officer. Meeting) TO VERIFY THE STATUS OF MEETINGS October 31,1985. Week of November 11—Tentative CALL (RECORDING): (202) 634-1498. [FR Doc. 85-26381 Filed 11-1-85; 9:07 am] CONTACT PERSON FOR ORE INFORMATION: Thursday, November 14 BILUNG CODE 7533-01-M Julia Corrado (202) 634-1410. 2:00 p.m. Continuation of 9/11 Discussion of Andrew L. Bates, 9 Proposed Station Blackout Rule (Public Office of the Secretary. NUCLEAR REGULATORY COMMISSION Meeting) October 31,1985. 3:30 p.m. d a t e : Weeks of November 4,11,18, and Affirmation Meeting (Public Meeting) (if [FR Doc. 85-26497 Filed 11-1-85; 3:49 pm) 25,1985. needed) BILLING CODE 7590-01-M Tuesday November 5, 1985

Part II

Department of Health and Human Services _____

Office of Human Development Services

National Resource Centers for Child Welfare Services; Announcement of Availability of Funds and Request for Applications; Notice 45962 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

DEPARTMENT OF HEALTH AND Section 426 of the Social Security Act, Funds are intended to support three HUMAN SERVICES 42 U.S.C. 626 and section 4 (a) of the national projects in these areas in order Child Abuse Prevention and Treatment to provide leadership in the Office of Human Development Act, 42 U.S.C. 5103(a). identification, collection, development, Services Scope of This Announcement dissemination, and utilization of [Program Announcement No. CWS-RC-86- program models, systems improvements, i 1] This Program Announcement covers training programs, and other resource all new Resource Center grants to be materials on effective methods of National Resource Centers for Child awarded for fiscal year 1986. addressing child welfare service needs, ; Welfare Services; Announcement of The FY 1986 National Resource Center and to improve the capacity of State and Availability of Funds and Requests for Grant Program includes the following local agencies to address those needs. Applications provisions: . OHDS will support a three year effort 1. Applications received under this to develop and disseminate resources a g e n c y : Administration for Children, announcement will be reviewed, and facilitate the exchange of Youth and Families (ACYF), Office of awarded, and administered by the Human Development Services (OHDS), information of effective and innovative I Administration for Children, Youth and practices for the three child welfare Department of Health and Human Families central office of Washington, Services (DHHS). service areas identified. The Resource D.C. Centers will function as national centers | ACTION: Announcement of availability of 2. Grants will be awarded in three of excellence whose services will be funds and request for applications under priority areas related to child welfare sought by the field, enabling them to the Office of Human Development services which have been identified provide resources, training, and Services’ Discretionary Grants Program. under this grant program. One grant will consultative services, and to receive focus on developmentally disabled payment for their services such that they SUMMARY: The Office of Human children served by the child welfare can become self-supporting over a three ' Development Services announces that system and two of the grants awarded year period. In purchasing such services new applications are being accepted for will focus specifically on issues related grants for National Resource Centers for from the Resource Centers, State or to child abuse and neglect. local'agencies may use other Federal Child Welfare Services authorized by 3. Competition for grants in all three multiple discretionary funding program funds if the statutory authority for these priority areas will be national, by legislation, as identified below. Federal funds permits such use. It is priority area, with some consideration It should be noted that this grant anticipated that grant related program given to geographic distribution of competition is a follow up to the Office income retained by the Resource competing applications and the six of Human Development Services’ Centers may be used in accordance with National Child Welfare Resource (OHDS) F Y 1985 Program any of the three alternatives identified Centers funded in Fiscal Year 1985. in Title 45 of the Code Federal Announcement for Resource Centers for Child Welfare Services published in the Program Purpose Regulations (CFR) Part 74, subpart F. Applicants should identify which Federal Register on April 1,1985 (50 FR The Child Welfare Resource Center 12918). Under that announcement, alternative or alternatives they intend to Grant Program was undertaken to use in reporting program income. awards were made in six of the nine develop, expand, strengthen, and areas described. The purpose of this improve the capacity of State and local, Background announcement is to again request public and private child welfare applications for those areas in which no agencies throughout the country to Over the past ten years, the Children’s awards were made. Those areas are (1) utilize exemplary methods and Bureau funded a series of regional Developmental Disabilities, (2) Child resources to provide effective services resource centers focused on particular Abuse and Neglect, and (3) Child Sexual to children and families available from a areas of child welfare including child Abuse. This grant program is separate variety of national resource centers abuse and neglect (1974), adoption, and from the Office of Human Development focusing on nine different program areas child welfare training (1979). In 1982 the Services’ (OHDS) Coordinated related to child welfare services: Foster three types of regional centers were Discretionary Funds Program for which Care, Adoption, Family-Based consolidated into ten region-wide availability of funds was announced in Preventive Services, Developmental projects capable of providing assistance the Federal Register on September 4, Disabilities, Youth Services, Program in multiple program areas. Funding for 1985 (50 FR 35906), and other Management and Administration, Legal these consolidated center terminated in announcements which may appear later Resources on Child Welfare, Child September, 1984. this fiscal year. Abuse and Neglect, and Child Sexual On April 1,1985, the Children’s DATE: The closing date for receipt of Abuse. Six National Child Welfare Bureau announced the availability of applications is January 21,1986. Resource Centers were funded in funds for the establishment of nine Child September 1985: Foster Care, Adoption, Welfare Resource Centers, each FOR FURTHER INFORMATION CONTACT: Family-Based Preventive Services, focusing on a different program priority HDS/ACYF/Children’s Bureau, Program Youth Services, Child Welfare Program related to child welfare services: Foster Support Division, P.O. Box 1182, Management and Administration, and Care, Adoption, Family-Based Washington, D.C. 20013, Carolyn Dean, Legal Resources for Child Welfare. Preventive Services, Developmental (202) 755-7730. Through this announcement, Disabilities, Youth Services, Program SUPPLEMENTARY INFORMATION: consideration will be given to Management and Administration, Legal applications which propose to enhance Resources on Child Welfare, Child Statutory Authorities the resources and techniques available Abuse and Neglect, and Child Sexual The individual statutory authorities to State and local service providers Abuse. Grants were awarded in under which grants will be awarded related to (1) Developmental September 1985 in only six of the nine through this program announcement are Disabilities, (2) Child Abuse and priority areas originally identified for as follows: Neglect, and (3) Child Sexual Abuse. funding. These included: Foster Care, Fédéral Register / m . 50, No. ¿14 / Tuesday, November 5, 1985 / Notices______415963

Adoption, Family-Based Prevention The demand for resources, exemplary and other sources of funding are Services, Youth Services, Child Welfare materials, and expertise in these three particularly encouraged. Centers will Program Management and priority areas (Developmental also be required to develop a three year Administration and Legal Resources for Disabilities, Child Abuse and Neglect, plan outlining strategies for acquiring Child Welfare. and Child Sexual Abuse) remains high. additional non-Federal support to None of the applications reviewed in National Centers should help State and sustain the full cost of the project when the three remaining priority areas, local service providers access current Federal funding terminates. Projects Developmental Disabilities, Child Abuse and timely program information and should develop contractual and Neglect, and Child Sexual Abuse implement methods and strategies to arrangements with State and local was approved for funding. Proposals for improve services for developmentally agencies and other relevant service grants in these three priorities were not disabled children, and for children and providers to acquire additional program considered to be fully responsive to the families affected by child abuse and income on a fee-for-services basis. announcement for a number of reasons neglect or child sexual abuse. Therefore, Projects should focus on the marketing including: (a) Proposals did not describe applications in these areas are again of exemplary resource materials and centers of excellence and expertise but solicited. training and consultation services. instead loose configurations of existing Approach As an incentive for continuation organizations; (b) proposals did not funding, one of the criteria for approval adequately address the activities The three National Resource Centers of second and third year grants will be identified for the selected priority area; for Child Welfare Services will be task- the extent to which the Centers have (c) proposals too closely duplicated, or oriented, time-limited, and specific in succeeded in marketing their skills and did not recognize, activities or services focus. All Resource Centers approved services, and have firm commitments for for funding will be designed to address already being provided under other purchase of services. By the ninth month common, clearly defined functions OHDS grant program initiatives or of the first year of funding, grantees which will include the following contracts; (d) proposals did not present must show evidence of commitments for a credible marketing strategy which activities: income producing services or products. 1. Identification, collection, and would produce non-Federal funds for In order to obtain third year funding, by dissemination of known, useful resource continuation of activities beyond the the twenty-first month grantees must materials for child welfare service Federal grant period; and (e) proposals have firm commitments for income providers including the review and outlined projects which were local or producing activities of not less than 40 evaluation of existing materials. regional, rather than national in scope. percent of the second year funding 2. Provision of technical assistance, amount. Because of the inadequacies of the training, and consultation to promote previous grant applications in these utilization of resources and best All Centers will also be required to priority areas, particular attention practices related to child welfare develop a program component should be given to the following: services including methods and specifically designed to attract private (1) Proposals should demonstrate that techniques for program implementation sector initiatives, and involve private the applicant organization is capable of, and evaluation. sector agencies and organizations in the and has specific plans for, providing 3. Documentation and development of activities of the Centers. information, technical assistance, and innovative methods and appropriate Program Priorities professional expertise in the selected materials to respond to recognized priority area throughout the nation. deficiencies of resources in specific Applications must address a single Work plans and schedules should reflect aspects of programs and emerging priority area, and should describe how both the capacity and the intention of program needs. the proposed Centers will address the the organization to provide national 4. Development of networking and specific issues and tasks discussed leadership as a center of excellence in coordination activities to establish under the selected priority area. the field of child welfare and related linkages between agencies, Multiple applications are not services. organizations, and individuals serving prohibited, although it is unlikely that (2) Proposals should indicate how the children and families. the same applicant will be funded to project will identify and address the In addition, all Resource Centers will conduct more than one Center. specific needs of the child welfare be required to develop specific work Only the following program priorities system in the selected program area plans for addressing the needs of are of interest to OHDS in this without operational delays and without minority children and families within announcement: duplicating the efforts of existing their respective areas of activity. In (1) National Resource Center on Child mechanisms in these areas, e.g., the developing work plans, special attention W elfare Services to Developmentally National Clearinghouse on Child Abuse should also be given to the requirements D isabled Children and Neglect. of Pub. L. 95-608, the Indian Child (3) Proposed activities should be Welfare Act of 1978. Historically, developmentally outcome-oriented, and designed to Because Federal funding of the disabled children have come into the achieve results related specifically to Resource Centers will be limited to a child welfare system because of family child welfare service providers, rather three year period at the end of which problems not necessarily related to the than to the public at large. Therefore, Federal funding will terminate, all handicapping condition of the child. work plans should focus on substantive applicants will be required to identify However, many of these children were program-related activities for State and non-Federal sources of funding and then referred by child welfare agencies local service providers including document the level of support that will to developmental disabilities or mental meetings and workshops designed to be provided to supplement Federal health facilities for care. Only a small achieve measurable goals and funds during the three year project percentage of the children were cared objectives rather than generalized, period. Foundation support and private for by the child welfare system and, informational or developmental sector involvement which reflect an on­ generally, the two systems were not outcomes. going partnership between the applicant closely linked. As community services 45964 Federal Register / VoL 50, No. 214 / Tuesday, November 5, 1965 / Notices have improved, most developmentaliy makers, volunteers or community The Child Abuse Amendments of 1984 disabled children remain with their support groups. The problems are also expressly broadened the definition families and, as with every segment of complex and involve a number of of persons responsible for the child's the population, many of these families different services systems. The welfare to include an employee of a incur the need for child welfare services. coordination of these systems which residential facility or any staff person Most child welfare agencies give respond to child maltreatment must be providing out of home care. This change policy recognition to the principle that strengthened and extended. broadens the scope of preventive efforts developmentaliy disabled children are A Resource Center on child abuse and and extends protective services to entitled to the full range of services of neglect is needed: children abused in out of borne settings, the agency; however, most lack the a. To facilitate coordination of child such as day care centers. expertise to assure that a full range of protective services provided by State The scope of this Resource Center needed services are provided and and local public and private agencies shall include attention to both coordinated. The complex and ongoing involved in the prevention, identification intrafamilial and extrafamilial sexual needs of children with developmental and treatment of child abuse and abuses of children as well as sexual disabilities require coordination of neglect; exploitation of children as defined in the agencies and services beyond those legislation. The Center shall be required for non-disabled children. For b. To identify, document and disseminate best practices in the comprehensive in addressing issues of these children, case management may prevention, identification, diagnosis and include monitoring a variety of prevention of child maltreatment and in the response to its occurrence; treatment of child sexual abuse. medications, medical appliances, Emphasis shall also be placed on & To identify, refine or facilitate the physical, occupational, educational or serving as a resource to public, private, development of innovative Statewide other therapies, behavioral management and voluntary agencies as well as and local case management service programs and environmental multidisciplinary professionals (child systems and disseminate such efforts; adaptations. Successful implementation protective services workers, health and of permanency planning goals is often providers, law enforcement, court hindered by the overwhelming d. To assist State child protective personnel, counselors, therapists, school complexity of the child’s disability. service agencies and other properly personnel, and others) concerned with It is clear, also, that agency staff need constituted authorities to improve their the care and treatment of child sexual additional training to more fully programmatic and systemic response to abuse victims and their families. understand developmental disabilities and management of the increased A Resource Center on Child Sexual in order to effectively recruit and volume of reported child abuse and Abuse is needed: prepare foster families and to provide neglect cases. a. To identify, document, and appropriate pre-placement and post­ Resource Center services including disseminate best case practices and placement services to child, family and training, consultation, and technical case management approaches; foster family. assistance should be available to State A Resource Center for b. To enhance the exchange of new and local child protective service resource materials on direct practice developmentaliy disabled children agencies, law enforcement agencies, the should provide technical assistance to techniques and methods; courts, schools, mental health, health c. To encourage the development of child welfare agencies to develop care providers, out of home child care expertise in providing services to meet sensitive and coordinated investigatory providers, and others who serve and judicial procedures and other these complex needs and to develop maltreated children and their families. linkages with State and local methods in the investigation and developmental disabilities programs to (3) National Resource Center on Child management of child sexual abuse cases assure a full range of services and Sexual Abuse from die initial report through disposition. effective service delivery. The focus of Child sexual abuse has been defined Resource Center services shall be the Center Is to actively assist child in a variety of ways and encompasses a available to State and local child welfare agencies m gaining knowledge wide range of behavior, from fondling protective service agencies, law and skills for planning and delivering and exhibitionism, forcible rape and enforcement agencies, the courts, these services, and ft should clearly incest, to-commercial exploitation in schools, day care providers, mental enhance the capacity of child welfare prostitution or the production of health, health, and other care providers, agencies to serve developmentaliy pornographic materials. In the Child disabled children and their families. and others who respond to die children Abuse Prevention and Treatment A ct as and their families. (2) National Resource Center on Child amended, by Pub. L. 98-457, the Child Abuse and Neglect Abuse Amendments of 1984, the term Eligible Applicants The 1,008,134 cases of child sexual abuse includes the fallowing Any State, local, public or non-profit maltreatment reported in 1983 represent activities under circumstances which organization or agency including a 142 percent increase over the number indicate that the child’s health or accredited colleges and universities may of reports in 1976, the first year that welfare is harmed or threatened with submit an application under this harm; national data were gathered. Further, announcement. Applications developed the Child Abuse Amendments of 1984 (i) The employment, use, persuasion, jointly by State, local, and community (Pub. L. 98-457) broaden the scope of inducement, enticement, or coercion of any based social services agencies, preventive efforts and extend protective child to engage in, or having a child assist foundations, colleges or universities are services to children maltreated in out-of­ any other person to engage in any sexually encouraged. explicit conduct (or any simulation of such home settings. No single program model conduct) for the purpose of producing any Availability of Funds can address the full range of visual depiction of such conduct, o r maltreatment related issues, nor meet (ii) The rape, molestation, prostitution, or Of funds expected to be available for the needs of all service providers, other such form of sexual exploitation of fiscal year 1986, approximately $750,000 professional groups, legislators, policy children, or incest with children. will be awarded for new Resource Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45965

Center grants. Funding levels for each Application Submission deadline date for application submission Center will vary based upon the scope to ACYF. A Single Point of Contract At a minimum, one signed original of work projected in the grant (SPOC) to fulfill the requirements of E.O. and two copies of the application are application. 12372 has been established in all States required. However, an additional five and territories except Alaska, Idaho, Grants will be made for a three year copies would be helpful in expediting and American Samoa (applicants from project period, subject to availability of the review process. Applications, these three areas need take no action including all attachments, must be funds and specified performance regarding E.O. 12372). Applicants must submitted to: Grants Management criteria. One of the criteria for submit required material to their SPOCs Office, OHDS, Grants and Contracts continuation funding will be the extent so that ACYF can obtain comments from Management Division, Humphrey to which projects have succeeded in the SPOCs as part of the award process. marketing their skills and services, and Building, Room 345-F-l 200 (Applicants for programs to be obtained commitments for purchase of Independence Avenue SW., Washington, D.C. 20201, Attention: Mary administered directly by Federally services for the second and third year of recognized Indian tribes are exempt the grant period. White CWS-RC-86-1. from the requirements of E .0 .12372). In order to be considered for a grant Applicants should contact their SPOC as Grantee Share of the Project under this program announcement, an soon as possible to alert them of the application must be submitted on the prospective application and receive At least 25 percent of the total cost of forms and in the manner required by the specific instructions regarding the proposed projects must come from a ' Administration for Children, Youth and process (see attached list for addresses). source other than the Federal Families. The application must be Required material should be sent to the government except in the case of executed by an individual authorized to SPOC as early as possible. SPOCs will research grants with universities which act for the applicant agency and to submit their comments directly to: already have an institutional cost assume responsibility for the obligation Beatrice D. Moore, Director, Program sharing agreement with the Department imposed by the terms and conditions of Support Division, Children’s Bureau of Health and Human Services. The non- the grant award. Federal share of project costs may be in ACYF, OHDS, P.O. Box 1182, the form of grantee incurred costs or Application Consideration Washington, D.C. 20013 third party in-kind contributions. For OHDS will notify the State of any every three dollars of Federal support Applications which are complete and application received which has no requested, a minimum of one dollar must conform to the requirements of this indication that the State Process has had come from a non-Federal source, except program announcement are subject to a an opportunity for review. in those cases identified above. This competitive review and evaluation by Additional Requirements for represents a minimum 25 percent qualified individuals. The Applications grantee non-Federal share contribution. Commissioner, Administration for The simplest way to arrive at the correct Children, Youth and Families To insure that proposed projects are non-Federal share is to divide the determines the final action to be taken designed to achieve the purpose, goals, Federal share requested by three (3). with respect to each grant application and objectives identified in this Program The following example illustrates this for this program. In addition to the Announcement, the following requirement: results of the review, in making final requirements have been established. decisions the Commissioner will also Applicants are advised that applications take into consideration comments from will be reviewed for conformance with Federal Share...... $75,000 Central and Regional Office staff. these requirements, and that Non-Federal Share ($75,000-r 3)...... , 25,000 After the Commissioner has approved applications that are non-conforming the final selection, unsuccessful Total project cost...... 100,000 will not be considered for funding: applicants will be notified in writing of (a) Applications must include letters this final decision. The successful of support from foundations, private applicant will be notified through the sector organizations, and affiliated State issuance of a Notice of Financial The Application Process and local agencies which document that Assistance Awarded which sets forth they intend to participate in the the amount of funds awarded, the Availability o f Forms planning and implementation of the budget period for which support is proposed project and indicate the kinds given, and the total period for which of involvement these organizations will Full applications for grants for the project support is contemplated. Resource Centers for Child Welfare undertake to insure specific and Services must be submitted on standard substantive support of specified goals Notification Under Executive Order and objectives. forms provided for this purpose. The 12372 standard form 424 and application (b) Applications must include a three instructions have been reprinted for This program is covered under year plan documenting the level of your convenience as Appendices A and Executive Order (E.O.) 12372, support to be derived from foundations, B of this program announcement. "Intergovernmental Review of Federal and other private sector organizations, Additional copies of application forms Programs”, and 45 CFR Part 100, and identifying the continued and instructions may be obtained from "Intergovernmental Review of involvement of these and other affiliated the Regional Office listed at the end of Department of Health and Human State and local agencies in selected this annoucement, or by writing or Services Programs and Activities”. State program activities. Applications must telephoning: Carolyn Dean, Program Processes or directly affected State, also indicate how the proposed project Support Division, Children’s Bureau, area-wide, regional, and local officials will secure additional non-Federal ACYF, P.O. B o x 1182, Washington, D.C. and entities have 60 days to comment on sources of funding to sustain the project 20013, (202) 755-7730. the application, starting from the when Federal funding terminates, and 45966 Federal Register / V o l 50, No. 214 / Tuesday, November 5, 1985 / Notices how the transition to self-sufficiency (3) Evidence o f Non-Federal Support (15 the appropriate Regional Office listed at will be administered. points) the end of this announcement. The (c) Applications must identify and The application contains remaining complete applications, address a specific program priority and documentation identifying non-Federal including the original and all other develop specific work plans to address sources of support and indicates the copies, must be sent to: HDS/Bi vision of ail four functional activities outlined precise nature, level, and extent of Grants and Contracts Management, 200 above under “Approach". assistance that is anticipated. Independence Avenue, SW., Room 345- (d) Applications must indicate how F -l Humphrey Building, Washington, (4) Marketing Strategy and Evidence o f D.C. 20201. Attention: Mary White, the proposed project will address the U ser In terest (15 points) C WS-RC-88-1. specific needs of minority children and In order to facilitate handling, please families in the child welfare system. The marketing strategy is workable, clearly presented, and if well executed do not use covers, binders or tabs. Three (e) The proposed budget must include will provide supplementary sources of extra copies of the SF-424 and three funds for travel to two State or regional program income. The application also copies of the cover sheet/abstract, meetings on child welfare issues per includes documentation indicating the stapled together apart from the copies of project year, and to an annual national nature and extent of user interest in the the application are requested. meeting of all Resource Centers in services or products proposed. 2. Content o f Application. Each copy Washington, D.C. of the application must contain the (5) Experience and Capability of the following items in the order listed: Criteria for Review and Evaluation o f A p p lica n t (15 points) (a) A Standard Form 424, page 1. Applications The project personnel are well (b) A Project Abstract Form. Applications which are determined to qualified to conduct the proposed (cj Part II—Project Approval be in conformance with this project, and the application indicates Information. announcement will be reviewed by that the applicant has adequate (d) Part in—Budget Information. panels of experts in child welfare resources and the organizational, (e) Part IV—Project Narrative. services and related disciplines. Panels professional, and educational capacity (f) HHS-SF 441, Assurance of to address the critical issues related to may be composed of staff from Federal, Compliance, Title VI, Civil Rights Act of the project’s goals and objectives. State, or local agencies, colleges and 1964. universities, national organizations, and (8) Innovativeness o f Approach and (g) HHS-SF 641, Assurance of other non-government agencies. Implementation (10 points) Compliance, Sec. 504, Rehabilitation Act of 1973, As Amended. Applications will be reviewed and The application clearly proposes a 3. Instructions for Preparing the evaluated competitively against the significant improvement upon or Application. For your convenience, we following criteria: important departure from previous have reprinted the forms and related work in the field of child welfare (1) Project Design and Soundness o f instructions for applying for Federal services, and identifies methods or W ork P lan (20 points) Assistance from HDS programs as techniques for implementing new Appendices A and B of this approaches. The project design or methodology is announcement We suggest that you clearly presented. Specific problems to (7) Cost/Benefit (10 points) reproduce the forms and use them to be addressed are d early stated. The The estimated costs to the government prepare your application. Additional application contains a concise statement copies of the application forms and of goals and objectives, and the project and to the proposed project are reasonable considering the anticipated instructions may be obtained from the methodology and work plan are clearly results, and the applicant has included Regional offices listed at the end of this related to the problems and issues the funds to send key staff to two state-wide announcement. Prepare your application project intends to address. or regional meetings related to child in accordance with the following Work plans describe how the welfare issues and to one national instructions: proposed project will achieve specific meeting of all Resource Centers in (a) Standard Form 424, Page 1: program objectives including all four Washington, D.C. for each project year. Follow instructions contained in functional activities identified in the Appendix B except for the following Instructions for Completing the program announcement, as well as specific instructions: Application specific activities related to minority Item 6.a. Omit program number. Check children and families, and private sector 1. Application Requirements. In order multiple box. involvement Target indicators for to be considered for a Resource Center Item 6.b. Enter CWS—National identifying and measuring program grant, an applicant must submit one Resource Center, a n d the number and outcomes are proposed and timetables signed original and two copies of the title of the Resource Center which the are included, grant application, including all application addresses, as follows: attachments. ACYF encourages the 1. Developmental Disabilities. (2) Outcomes and Potential for Success submission of an additional five copies 2. Child Abuse and Neglect. (15 points) for a total of one original and seven 3. Child Sexual Abuse. copies in order to expedite the Item 7. The title should describe the The proposed project will result in processing and to facilitate the panel focus of the proposed project briefly and identifiable, measurable outcomes review process. There is no penalty for dearly. Do not use acronyms, including, for example, concrete not submitting these additional copies. abbreviations or jargon. Avoid reduction of a significant problem. The The original copy of the application unnecessary phrases. Do not use more goals of the proposed project are must have original signatures. Each copy than 109 characters, induding realistic and, if well executed, are should be stapled (back and front) in the punctuation and spaces between word®' capable of achieving their intended upper left comer. One copy of the Characters in excess of 100 will be lost results. complete application should be sent to during electronic data entry. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45967

(b) Project Abstract Form: Use a discussion of the problems and issues project is reasonable in relationship to single sheet of plain white bond, and the project will address and a clear the results anticipated. The application type single-spaced: statement of the'project’s goals and should also clearly identify all non- • Title of application (exactly as objectives. The project design should Federal services of support and the entered in item 7 on Form 424). include a discussion of the methodology precise nature and extent of assistance • Name and address of applicant to be used in the conduct of the project that is anticipated. The contributions of organization (exactly as in item 4). and the relationship between the all collaborative agencies and • Priority area under which the methodology and the issues or problems organizations including foundations and application is submitted, as indicated in the project is designed to address. other private sector organizations must item 6b. (2) Project Implementation Plan (6 be assured in writing and included with • Target population(s). pages typed double-spaced or 3 pages the application when it is submitted. • Total project period and total typed single-spaced maximum) f. HHS-SF 441, Assurance of amount requested. This portion of the application should Compliance, Title VI, Civil Rights Act of • Proposed match which should be at present the specific work plans for the 1964: self explanatory least one dollar for every three proposed project identifying all major g. HHS-SF 641, Assurance of requested from HDS unless the tasks to be undertaken during the Compliance, Sec. 504, Rehabilitation Act applicant is an Indian Tribe or has an project period and the time frames of 1973, as amended: Self explanatory existing cost sharing agreement with anticipated for accomplishing these Closing Date for Receipt o f Applications DHHS. If either of these two exceptions tasks. In addition to providing apply, state so clearly here. information on the programmatic The closing date for receipt of • Project abstract: In 200-non- initiatives to be developed for the applications is January 21,1986. technical words or less, summarize the proposed project, this section of the Applications may be mailed or hand proposed project. The abstract should application should include specific delivered to: Grants Management Office, be so clearly written that the following information on how the project will HDS Grants and Contracts Management questions could be answered by a address the needs of minority children Division, 200 Independence Ave., SW., member of the general public who reads and families and how the project will Room 345-F-l Humphrey Building, it: acquire additional non-Federal and Washington, D.C. 20201, Attention: Mary What is the specific purpose of the other private sector support, including White CWS-RE-86-1. project? specific activities to generate program Applications shall be considered as How is the project to be conducted? income on a fee for services basis. meeting the deadline if they are either: What concrete outcomes will result (3) Beneficial Impact (4 pages typed (1) Received on or before the deadline from the project? double-spaced or 2 pages typed single­ date at the HDS Grants and Contracts What difference might the results spaced maximum) Management Office, or make? This portion of the application should It is important that the abstract be an (2) Sent on or before the deadline date indicate how the information, methods accurate reflection of the activities and received by the granting agency in or technology to be developed or proposed in the application. time to be considered during the disseminated by the project can be competitive review and evaluation • Indicate the name of the author(s), expected to impact beneficially on process. (Applicants are cautioned to their current relationship to the human service programs or the specific request a legibly dated U.S. Postal applicant and their proposed role in the target populations identified to be Service postmark or to obtain a legibly conduct of the project. affected by the project. Target indicators dated receipt from a commercial carrier c. Part II—Project Approval should be clearly identified, and or the U.S. Postal Service. Private Information: Follow the instructions emphasis should be placed on specific metered postmarks shall not be contained in Appendix B; outcomes that can be identified and acceptable as proof of timely mailing). d. Part III—Budget Information: measured. Late applications: Applications which Follow the instructions contained in (4) Staffing and Management (4 pages do not meet these criteria are Appendix B. typed double-spaced maximum or 2 considered late applications and will not e. Part IV— Project N arrative: pages typed single spaced) be considered in the current Describe the project you propose in This portion of the application should competition. response to this announcement. Your list the proposed staff and briefly Hand-delivered applications: Hand- narrative (30 pages typed double­ describe their qualifications to conduct delivered applications are accepted at spaced, or 15 pages typed single-spaced the proposed project. The division of the HDS Grants and Contracts maximum, on 8 V2 x il plain white responsibility for specific project tasks Management Office during the normal bond with l" margins on both sides) and the proportion of staff time to be working hours of 8:30 a.m. to 5:00 p.m. should provide information on how the allocated per project task should be Monday through Friday. application meets the review criteria included. This portion of the application Extension of deadlines: OHDS may and how the proposed project will should also describe the capacity of the extend the deadline for all applicants achieve the purpose, goals, and applicant organization to conduct the because of acts of God such as floods, objectives identified in this program proposed project including relevant hurricanes, etc., or when there is announcement. We strongly suggest that resources and facilities that will be widespread disruption of the mails. you follow the format and page utilized. However, if OHDS does not extend the limitations outlined below: (5) B u dget (4 pages typed double­ deadline for all applicants, it may not (1 ) Project Design (12 pages typed spaced maximum or 2 pages typed waive or extend the deadline for any double-spaced or 6 pages typed single- single spaced) applicants. spaced maximum). This portion of the application should Region VI—(LA, NM, OK, TX, AR) This portion of the application should indicate that the proposed budget is describe a well-defined and carefully commensurate with the level of effort Mr. Tommy Sullivan, Regional Program worked out technical approach for the needed to accomplish the project goals Director, Office of Human proposed project. It should include a and objectives and that the cost of the Development Services, 1200 Main 45968 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices

Tower, 29th Floor, Dallas, Texas California Kansas 75202, Attention: S.M. Pat Murphy (214-729-6596) Office of Planning and Research, 1400 Kansas Department of Human Tenth Street, Sacramento, California Resources, Office of the Secretary, Region VII—(IA, KS, MO, NE) 95814, Tel. (916) 445-0282 Attention: Judy Krueger, 401 Topeka Mr. Hilton Baines, Regional Program Colorado Avenue, Topeka, Kansas 66603, Tel. Director, Office of Human (913) 298-5075 Development Services, Federal Office State Clearinghouse, Division of Local Building, Room 384, 601 East 12th Government, 1313 Sherman Street, Kentucky Street, Kansas City, Missouri 64108, Rm. 520, Denver, Colorado 80203, Tel. Kentucky State Clearinghouse, 2nd Attention: Robert Fain (816-374-5401) (303) 886-2156 Floor, Capital Plaza Tower, Frankfort, Region VIII—(CO, MT, ND, SD, UT, Connecticut Kentucky 40601, Tel. (502) 564-2382 WY) Gary E. King, Under Secretary, Louisiana Mr. David Chapa, Regional Program Comprehensive Planning Division, Michael J. Jefferson, Dept, of Urban & Director, Office of Human Office of Policy and Management, Community Affairs, Office of State Development Services, 1961 Stout Hartford, Connecticut 06106-4459 Clearinghouse, P.O. Box 44455, Capitol Street, Federal Office Building, 9th station, Baton Rouge, Louisiana 70804, Floor, Denver, Colorado 80294, Note.—Correspondence & questions concerning this State’s E.O.12372 process Tel. (504) 925-3722 Attention: Jane Mathieu (303-844- should be directed to: Intergovernmental Maine 3106) Review Coordinator, Comprehensive Region IX—

and Planning, Capitol Bldg., Rm. 129, North Dakota Vermont Jefferson City, Missouri 65102, Tel. Office of Intergovernmental Assistance, State Planning Office, Attn: Bemie (314) 751-4834 or 751-2345 Office of Management and Budget, Johnson, Pavilion Office Building, 109 Montana 14th Floor, State Capitol, Bismarck, State Street, Montpelier, Vermont North Dakota 58505, Tel. (701) 224- 05602, Tel. (802) 828-3326 Sue Heath, 2094 Intergovernmental Review Virginia Clearinghouse, c/o Office of the Ohio Shawn McNamara, Department of Lieutenant Governor, Capitol Station, State Clearinghouse, Office of Budget Helena, Montana 59620, Tel. (406) 444- Housing and Community and Management, 30 East Broad 5522 Development, 205 North 4th Street, Street, Columbus, Ohio 43215; For Richmond, Virginia 23219, Tel. (804) Nebraska Information Contact: Mr. Leonard E. 786-4474 Roberts, Deputy Director, Tel. (614) Policy Research Office, P.O. Box 94601, Washington State Capitol, Rm. 1321, Lincoln, 466-0699 Nebraska 68509, Tel. (402) 471-2414 Oklahoma Ken Black, Washington Department of Community Development, Ninth and Nevada Dan Strain, Office of Federal Assistance Columbia Building, Olympia, Management, 4545 North Lincoln Ms. Linda A. Ryan, Director, Office of Washington 98504, TeL (206) 753-2200 Community Services, Capitol Blvd., Oklahoma City, Oklahoma Complex, Carson City, Nevada 89710, 73105, Tel. (405) 528-8200 West Virginia Tel. (702) 885-4420 Oregon Mr. Fred Cutlip, Director, Community Development Division, Governor’s Note.—Correspondence & questions Intergovernmental Relations Division, concerning this State’s E .0 .12372 process State Clearinghouse, Attn: Delores Office of Economic and Community should to be directed to: John Walter, Streeter, Executive Building, 155 Development, Building #6, Rm. 553, Clearinghouse Coordinator, Tel. (702) 885- Cottage Street, NE., Salem, Oregon Charleston, West Virginia 25305, TeL 4420. 97310, Tel. (503) 373-1998 (304) 348-4010 New Hampshire Pennsylvania Wisconsin David G. Scott, Acting Director, New Barbara J. Gontz, Project Coordinator, Secretary Doris J. Hanson, Wisconsin Hampshire Office of State Planning, Pennsylvania Intergovernmental Department of Administration, 101 2 V2 Beacon Street, Concord, New South Webster—GEF 2, Madison, Hampshire 03301, Tel. (603) 271-2155 Council, P.O. Box 11880, Harrisburg, Pennsylvania 17108, Tel. (717) 783- Wisconsin 53702, Tel. (608) 266-1212 New Jersey 3700 Note.—Correspondence and questions concerning this State’s E .0 .12372 process Mr. Barry Skokowski, Director, Division Rhode Island of Local Government Services, should be directed to: Thomas Krauskopf, Daniel W. Varin, Chief, Rhode Island Federal-State Relations Coordinator, Department of Community Affairs, CN Wisconsin Department of Administration, 803, 363 West State Street, Trenton, Statewide Planning Program, 265 Melrose Street, Providence, Rhode P.O. Box 7864, Madison, Wisconsin 53707, New Jersey 08625-0803, Tel. (609) 292- Tel. (608) 288-8349. 6613 Island 02907, Tel. (401) 277-2656 Wyoming Note.—Correspondence & questions South Carolina concerning this State’s E .0 .12372 process Danny L. Cromer, Grant Services, Office Wyoming State Clearinghouse, State should to be directed to: Nelson S. Silver, Planning Coordinator’s Office, Capitol State Review Process, Division of Local of the Governor, 1205 Pendleton Street, Rm. 477, Columbia, South Building, Cheyenne, Wyoming 82002, Government Services—CN 803, Trenton, New Tel. (307) 777-7574 Jersey 08625-0803, Tel. (609) 292-9025. Carolina 29201, Tel. (803) 758-2417 Virgin Islands New Mexico South Dakota Toya Andrew, Federal Program Peter C. Pence, Director, Dept, of Connie Tveidt, Commissioner, State Coordinator, Office of the Governor, Finance and Administration, State of Government Operations, Second The Virgin Islands of the United New Mexico, 515 Don Gaspar, Santa Floor, Capitol Building, Pierre, South States, Charlotte Amalie, St. Thomas Fe, New Mexico 87503, Tel. (505) 827- Dakota 57501, Tel. (605) 773-3661 00801, Tel. (809) 774-6517 3885 Tennessee District of Columbia New York Tennessee State Planning Office, 1800 Director of the Budget, New York State James K. Polk Building, 505 Deaderick Loretta Davis, Director, Office of Street Nashville, Tennessee 37219, Intergovernmental Relations, Rm. 416, Note.—Correspondence & questions District Building, Washington, D.C. concerning this State’s E .0 .12372 process Tel. (615) 741-1676 20004, Tel. (202) 727-6265 should to be directed to: New York State Texas Clearinghouse, Division of the Budget, State Puerto Rico Capitol, Albany, New York 12224, Tel. (518) Bob McPherson, State Planning Director, 474-1605 Office of the Governor, Austin, Texas Ms. Patricia G. Custodio, P.E., Chairman, 78711, Tel. (512) 475-6156 Puerto Rico Planning Board, P.O. Box North Carolina 4119, Minilla Station, San Juan, Puerto Utah Mrs. Chrys Baggett, Director, State Rico 00940-9985, Tel. (809) 727-4444 Clearinghouse, Department of Dale Hatch, Director, Office of Planning Northern Mariana Islands Administration, 116 West Jones Street, and Budget, State of Utah, 116 State Raleigh, North Carolina 27611, Tel. Capitol Building, Salt Lake City, Utah Planning and Budget Office, Office of (919) 733-4131 84114, Tel. (801) 533-5245 the Governor, Saipan, CM 96950, 45970 Federal Register / Vol 50, No. 214 / Tuesday; November 5, 1985 / Notices

American Samoa None Guam Guam State Clearinghouse, Office of the Lieutenant Governor, P.O. Box 2950, Agana, Guam 96910 (Catalog of Federal Domestic Assistance Program Numbers: 13.608 ACYF Child Welfare Research and Development, 13.628 Child Abuse and Neglect Prevention and Treatment) Dated: October 30,1985. Dodie Livingston, Commissioner, Administration for Children, Youth and Families. Approved: October 30,1985. Dorcas R. Hardy, Assistant Secretary for Human Development S erv ices, BILLING CODE 4130-01-M Fédéral Register / Vol. 50, No. 214 / Tuesday, November 5,1985 / Notices 4i>a7i

APPENDIX A OMB Approval No. 0348-0006 2. APPLI­ a. NUMBER 3. STATE a. NUMBER FEDERAL ASSISTANCE CANT’S APPLI­ APPLI­ CATION 1. TYPE CATION IDENTI­ IDENTI­ FIER OF □ NOTICE OF INTENT (OPTIONAL) b. DATE FIER b. DATE NOTE.■ TO BE SUBMISSION Year month day ASSIGNED Year month day (M ark ap­ □ PREAPPLICATION ASSIGNED BY STATE propriate □ APPLICATION 19 19 box) Leave B lan k

4. LEGAL APPLICANT/RECIPIENT 5. EMPLOYER IDENTIFICATION NUMBER (EIN) a. Applicant Name b. Organization Unit 6. c. Street/P.O. Box PRO­ a. NUMBER GRAM d. City e. County (From CFDA) f. State g. ZIP Code. MULTIPLE □ b. Contact Person (N am e b. TITLE A Telephone No.) 7. TITLE OF APPLICANTS PROJECT (Use section IV of this form to provide a summary description of the 8. TYPE OF APPLICANT/RECIPIENT 0—SpucW Purpoto Dtotcl project) H—Community Action Agancy I—High« Educator* Mtuton J Inrton THba D—C ounty K—OOm (Specify): E—c * y ______F—School O t o r t c t ------Enter appropriate letter

9. AREA OF PROJECT IMPACT (Names o f cities, counties, slates, etc) 10. ESTIMATED NUMBER 11. TYPE OF ASSISTANCE A—Bade Qram OF PERSONS BENEFITING B—Stoltamente Or** Enter appro- | I C Itoti priait tenerti) t I I 14. TYPE OF APPLICATION 12. PROPOSED FUNDING 13. CONGRESSIONAL DISTRICTS OF: C—Aanteon E—Augmentation a. APPLICANT b. PROJECT a. FEDERAL $ .00 Enter appropriate letter □ b. APPLICANT .00 17. TYPE OF CHANGE (For 14c or U t) lOotorc (Specify): S—Om et Potori c. STATE .00 15. PROJECT START 16. PROJECT DURATION C Incr«— Duration DATE Year month day O—OacraaM Omton d. LOCAL .00 E—Canoatoton 19 Months Enter appro­ .00 e. OTHER 18. DATE DUE TO Year month day priato lottorfs) 19 f. Total $ .00 FEDERAL AGENCY I 19. FEDERAL AGENCY TO RECEIVE REQUEST 20. EXISTING FEDERAL GRANT IDENTIFICATION NUMBER a. ORGANIZATIONAL UNIT (IF APPROPRIATE) b. ADMINISTRATIVE CONTACT (IF KNOWN)

C. ADDRESS 21. REMARKS ADDED

Yes □ No a. YES. THIS NOTICE OF INTENT/PREAPPLICATION/APPLICATION WAS MADE AVAILABLEn. TO THE STATE 22. To the best of my knowledge and belief, THE data in this preappiication/application EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: APPLICANT are true and correct the document has CERTIFIES been duly authorized by the governing DATE. THATto body of the applicant and the applicant will comply with the attached assurances b. NO. PROGRAM IS NOT COVERED BY E.O. 12372 □ if the assistance is approved. OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW □ 23. a. TYPED NAME AND TITLE b. SIGNATURE CERTIFYING REPRE­ SENTATIVE 24. APPLICA­ Year month day 25. FEDERAL APPLICATION IDENTIFICATION NUMBER 26. FEDERAL GRANT IDENTIFICATION TION RECEIVED 19 27. ACTION TAKEN 28. FUNDING Year month day 30. Year month date STARTING □ a. AWARDED 29. ACTION DATE»- 19 DATE 19 □ b. REJECTED a. FEDERAL $ .00 31. CONTACT FOR ADDITIONAL INFORMA­ 32. Year month date □ C. RETURNED FOR TION (Name and telephone number) ENDING AMENDMENT b. APPLICANT .00 DATE 19 O d. RETURNED FOR C. STATE .00 33. REMARKS ADDED Q tu E.O. 12372 SUBMISSION BY APPLICANT TO d. LOCAL .00 Si STATE □ e. DEFERRED e. OTHER .00 O f. WITHDRAWN f. TOTAL $ .00 □ Yes □ No

NSN 7540-01-008-8162 424-103 STANDARD FORM 424 PAGE 1 (Rev. 4-84) PREVIOUS EDITION Prescribed by OMB Circular A-102 IS NOT USABLE 45972 Federal Register / VoL 5€K No. 214 f! Tuesday, November 5,1985 / Notices

OM3 NO 0348-0006 P A R T R PROJECT APPROVAL INFORMATION

Item. 1. Does this assistance request require Name of Governing Body State, local regional, or other priority rating? Priority R atin g ------______Y e s ;______No

item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health- clearances? Board ______

______Y e s ______No (Attach Documentation)

Item 3. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval!? D a te ------______Yes-______No

Item 4. Is the proposed project covered by an approved compre­ Check one: State' O hensive plan? Local L I Regional ED ______Y e s __ No Location of Plan ______

Item 5. Wilt the assistance requested serve a Federal Name of Federal Installation. installation? ______Yes No Federal Population benefiting from Project-

kern 6. Wilt the assistance requested be on Federal land or Name of Federal Installation installation? Location of Federal Land ______Y e s ___ No Percent aft Project______

Item 7. Wilt the assistance requested have an impact or effect See instructions for additional information to on the environment provided. ______Ye»_____ No

Item 8. Num ber oft Will the assistance requested cause the displacement Individuals _ of individuals, families, businesses, or farms? Families _ Businesses ______Y e s ______No Farms _

Item 9. Is there other related assistance on this project previous, See instructions for additional information to be pending, or anticipated provided-. ______Y es_____ No

A - 2 Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45973

OMB NO. 0348-0006

PART III - BUDGET INFORMATION

SECTION A - BUDGET SUMMARY

Grant Program, New or Revised Budget Federal Estimated Unobligated Funds Function or Activity Catalog No. Federal Non-Federal Federal Non-Federal Total (a) (b) (c) (d) (e) ffl ______is)______t. $ $ $ $ $ 2. « 3. 4.

5. TOTALS $ $ $ $ $

SECTION B - BUDGET CATEGORIES

- Grant Program, Function or Activity 6. Object Class Categories Total ____ (2) (3) (4) (5)il) a. Personnel $ $ $ $ $ b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other i- Total Direct Charges j. Indirect Charges k. TOTALS $ $ $ $ $

7. Program Income $ $ $ $ $ 45974 Federal Register / Vol. 50, No- 214 f Tuesday, November 5v 1985 / Notices

OM3 NO. 034Ö-0006

SECTION C - NON-FEDERAL RESOURCES

(a) Grant Program (b). APPLICANT (c) STATE . (d) OTHER SOURCES (e) TOTALS 8. $ ;$ $ $ 9. 10. 11. 12. TOTALS $ $ l$ ~ $

SECTION D - FORECASTED CASH NEEDS

TotaL tor 1st Year 1st Quarter 2nd. Quarter 3rd Quarter 4th Quarter 113. Federal 5Z $ $ $ $ ■ 14. Non-Federal i 15. TOTAL $, $> $.

SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT

FUTURE FUNDING PERIODS (YEARS) (a) Grant Program (b) FIRST (c) SECOND (d) THIRD (e) FOURTH 116. $ $ ' $ $ ! 17. 18. t9. 20. TOTALS i$ ~ l$ ~ r $ ~ SECTION F - OTHER BUDGET INFORMATION (Attach Additional Sheets if Necessary)

21. Direct Charges:

22. Indirect Charges:

23. Remarks: 1

PART IV PROGRAM NARRATIVE (Attach per instruction)

A - 4 Federal Register / V o l, 50, N o. 214 / Tuesday, November 5, 1985 / N otices 4 59 75

PART V

ASSURANCES

The Applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, including 45 CFR Part 74, and OMB Circulars No. A-102 and A-110, as they relate to the application, acceptance and use of Federal funds for this federally-assisted project. Also the Appli­ cant assures and certifies to the grant that:

1. It possesses legal authority to apply for the 5. It will comply with the provisions of the Hatch grant: that a resolution, motion or similar ac­ Act which limit the political activity of tion has been duly adopted or passed as an em ployees. official act of the applicant’s governing body, authorizing the filing of the application, in­ 6. It will comply with the minimum wage and cluding all understandings and assurances maximum hours provisions of the Federal Fair contained therein, and directing and authoriz­ Labor Standards Act, as they apply to hospital ing the person identified as the official and educational institution employees of representative of the applicant to act in con­ State and local governments. nection with the application and to provide such additional information as may be 7. It will establish safeguards to prohibit required. employees from using their positions for a purpose that is or gives the appearance of 2. It will comply with Title VI of the Civil Rights being motivated by a desire for private gain Act of 1964 (P.L. 88-352) and in accordance for themselves or others, particularly those with Title VI of that Act, no person in the with whom they have family, business, or United States shall, on the ground of race, other ties. color, or national origin, be excluded from par­ ticipation in, be denied the benefits of, or be 8. .It will give the sponsoring agency or the otherwise subjected to discrimination under Comptroller General through any authorized, any program or activity for which the appli­ representative the access to and the right to cant receives Federal financial assistance examine all records, books, papers, or and will immediately take any measures documents related to the grant. necessary to effectuate this agreement. 9. It will comply with all requirements imposed 3. It will comply with Title VI of the Civil Rights by the Federal sponsoring agency concern­ Act of 1964 (42 USC 2000d) prohibiting ing special requirements of law, program re­ employment discrimination where (1) the quirements, and other administrative primary purpose of a grant is to provide requirements. employment or (2) discriminatory employment practices will result in unequal treatment of 10. It will insure that the facilities under its owner­ persons who are or should be benefiting from ship, lease or supervision which shall be the grant-aided activity. utilized in the accomplishment of the project are not listed on the Environmental Protec­ It will comply with requirements of the provi­ tion Agency’s (EPA) list of Violating Facilities sions of the Uniform Relocation Assistance and that it will notify the Federal grantor and Real Property Acquisition Act of 1970 agency of the receipt of any communication (P.L. 91-646) which provides for fair and from the Director of the EPA Office of Federal equitable treatment of persons displaced as Activities indicating that a facility to be used a result of Federal and federally-assisted in the project is under consideration for listing programs. by the EPA. 4 59 76 Federal Register / Vol. 50, No. 214 / Tuesday, November 5,1985 / Notices

The phrase “Federal financial assistance” includes adverse effects (see 36 CFR Part 800.8) by any form of loan, grant, guaranty, insurance pay­ the activity and notifying the Federal grantor ment, rebate, subsidy, disaster assistance loan or agency of the existence of any such proper­ grant, or any other form of direct or indirect Federal ties, and by (b) complying with all re­ assistance. quirements established by the Federal grantor agency to avoid or mitigate adverse 11. It will comply with the flood insurance pur­ effects upon such properties. chase requirements of Section 102(a) of the 13. Applicants for the Administration for Native Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved Decem­ Americans Programs, hereby certify in ac­ cordance with 45 CFR 1336.53, that the finan­ ber 31,1976. Section 102(a) requires, on and cial assistance provided by the Office of after March 2,1975, the purchase of flood in­ Human Development Services for the speci­ surance in communities where such in­ fied activities to be performed under this pro­ surance is available as a condition for the gram, will be in addition to, and not in receipt of any Federal financial assistance for substitution for, comparable activities pro­ construction or acquisition purposes for use vided without Federal assistance. in any area that has been identified by the Secretary of the Department of Housing and 14. It will comply with the Age Discrimination Act Urban Development as an area having spe­ of 1975 which provides that: No person in the cial flood hazards. United States shall, on the basis of age be ex­ cluded from participation in, be denied the 12. It will assist the Federal grantor agency in its benefits of, or be subjected to discrimination compliance with Section 106 of the National under, any program or activity for which the Historic Preservation Act of 1966 as amended applicant receives Federal financial (16 U.S.C. 470), Executive Order 11593, and assistance. the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by 15. It will comply with Section 504 of the (a) consulting with the State Historic Preset Rehabilitation Act of 1973, as amended (29 vation Officer on the conduct of investiga­ U.S.C. 794), all requirements imposed by the tions, as necessary, to identify properties applicable HHS regulation (45 C.F.R. Part listed in or eligible for inclusion in the National 84), and all guidelines and interpretations Register of Historic Places that are subject to issued pursuant thereto. Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45977

ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

(hereinafter called the “Applicant”) (Name of Applicant)

H E R E B Y AGREES THAT it will comply with title V I of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80) issued pursuant to that title, to the end that, in accordance with title V I o f that Act and the Regulation, no person in the United States shall, on the ground o f race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise su bjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department; and HEREBY GIVES ASSURANCE THAT it will imme­ diately take any measures necessary to effectuate this agreement.

If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession o f the property. In all o th e r cases, this assurance shall obligate the A pplicant fo r the period during which the Federal financial assistance is extended to it by the Department.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant.

Dated______(Applicant)

B y ------(President, Chairman of Board, or comparable authorized official)

(Applicant’s mailing address)

PLEASE RETURN O R IG IN A L TO: Office of Civil Rights Room 5627/B North Building 330 Independence Ave., N.W. Washington, D .C. 20201 RETURN COPY TO: GRANTS MANAGEMENT OFFICE 4 59 78 Federal Register / Vol. 50, No. 214 / Tuesday, November 5,1985 / Notices

DEPARTMENT OF HEALTH AND HUMAN SERVICES ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED

The undersigned (hereinafter called the “ recipient” ) HEREBY AGREES THAT it will Comply with section 504 of .the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), all requirements im­ posed by the applicable HHS regulation (45 C .F.R . Part 84), and all guidelines and interpretations issued pursuant thereto. Pursuant to § 84.5(a) of the regulation [45 C .F.R . 84.5(a)], the recipient gives this Assurance in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts (ex­ cept procurement contracts and contracts of insurance or guaranty), property, discounts, or other federal financial assistance extended by the Department of Health and Human Services after the date of this Assurance, including payments or other assistance made after such date on applica­ tions for federal financial assistance that were approved before such date. The recipient recognizes and agrees that such federal financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that the United States will have the right to enforce this Assurance through lawful means. This Assurance is binding on the recipient, its successors, transferees, and assignees, and the person or persons whose signatures appear below are author­ ized to sign this Assurance on behalf of the recipient. This Assurance obligates the recipient for the period during which federal financial assistance is extended to it by the Department of Health and Human Services or, where the assistance is in the form of real or personal property, for the period provided for in § 84.5(b) of the regulation [45 C.F.R. 84.5(b)]. The recipient: [Check (a) or (b)] a. ( ) employs fewer than fifteen persons; jj / \ employs fifteen or more persons and, pursuant to § 84.7(a) of the regulation [45 C .F.R . 84.7(a)], has designated the following person(s) to coordinate its efforts to comply with the HHS regulation:

Name of Designee(s) — Type or Print

Name of Recipient — Type or Print Street Address

(IRS) Employer Identification Number City

Area Code — Telephone Number State Zip I certify that the above information is complete and correct to the best of my knowledge.

£>ate Signature and Title of Authorized Official

If there has been a change in name or ownership within the last year, please PRINT the former name below: PLEASE RETURN ORIGINAL TO: Office for Civil Rights, Room 5627/B North Building, 330 Independence Avenue, N .W ., Washington, D.C. 20201. RETURN COPY TO: Grants Management Office

HHS-841 (7/84) REV.) OPO 908-714 ■ HDS GRANTS MANAGEMENT

BILLING CODE 4130-0 t-C Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 4 59 79

¡Appendix B.—Instructions for Applying Instructions for Completion of Part I requested. If more than one program Sfor Federal Assistance From HDS (SF-424) (e.g., joint funding) enter “multiple” and Programs S ectio n I explain in Section IV remarks. If unknown, cite Public Law or U.S. Code. 0MB 0980-0016, Expires: 2/85, Applicants shall complete all items in Clearance pending: 2/88 6b. Enter the program title from Section I. If an item is not applicable, Catalog of Federal Domestic Assistance. Introduction write “NA”. If additional space is Abbreviate if necessary. needed, insert an asterisk (*) and use 7. Enter title and appropriate Use of Forms Section IV. An explanation follows for each item. description of project. For Notification } The forms included in this “kit” shall of Intent, continue in Section IV if be used to apply for all new Item necessary to convey proper description. discretionary grants and cooperative 1. Mark appropriate box. If project affects particular sites as, for agreements awarded by the Office of Preapplication and application are example, construction or real property Human Development Services. They described in OMB Circular A-102 and projects, attach a map showing the shall also be used to request HDS program instructions. Use of the project location. supplemental assistance, proposed SF-424 as a Notice of Intent is at State 8. Enter appropriate letter to designate changes or amendments, and request option. HDS does not require Notice of grantee type—“City” includes town, continuation or refunding for previously Intent. township or other municipality. If the approved grants or cooperative 2a. Applicant’s own control number, if grantee is other than that listed, specify agreements from the Office of Human desired. type on “Other” line e.g., Council of Development Services. An original and 2b. Date Section I is prepared. Government. N o te: Nonprofit two copies of the forms should be 3a. For a program covered by organizations which have not previously submitted to the responsible grants Executive Order 12372, enter the number received HDS program support must management office. If an item cannot be assigned, if any, by the State Point of submit proof of nonprofit status. answered or does not appear to be Contact Office. Applications submitted 9. Enter Government unit where related or relevant to the assistance to OHDS must contain this identifier, if significant and meaningful impact could required, write "NA” for not applicable. provided by the State Point of Contact. be observed. List only largest unit or Note: Item 22 of this form must be units is affected, such as State, county, Applications completed for programs covered by E.O. or city. If entire unit is affected, list it 12372. Applicants for new awards and rather than subunits. 3b. Date identifier is assigned by 10. Identify estimated number of competing continuations are required to State. submit a complete application which persons d ir e c tly benefiting from project, 4a.-4h. Enter legal name of applicant/ as described in the program narrative. consists of Parts I (SF-424) through Part recipient, name of primary 11. All applicants for new, competing V. Applicants for new projects must organizational unit which will undertake continuation and non-competing include completed Standard Forms 441, the assistance activity, complete continuation grants should enter the Civil Rights Assurance and HHS—641, address of applicant, and name and letter “A”. And applicants for Rehabilitation Act Assurance. telephone number of person who can supplemental grant funding should enter Applicants for additional funding (such provide further information about this the letter "B”. as a non-competing continuation or request. supplemental grant) or amendments to a IF THE PAYEE WILL BE OTHER 12. Enter amount requested or to be previously submitted application should THAN THE APPLICANT, ENTER IN contributed during the initial funding/ include only affected pages. Previously THE REMARKS SECTION “PAYEE”. budget period by each contributor. submitted pages whose information is THE PAYEE’S NAME, DEPARTMENT Where allowable the value of inkind still current need not be resubmitted. OR DIVISION. COMPLETE ADDRESS contributions should be included. If the Additionally, applicants for certain HDS AND EMPLOYER IDENTIFICATION action is a change in dollar amount of programs may be subject to Executive NUMBER AND DHHS ENTITY existing grant (a revision or Order 12372, Intergovernmental Review NUMBER. augmentation), indicate only the amount of Federal Programs (see Attachments 1 If an individual’s name and/or title is of the change. For decreases, enclose the amount in parentheses. If both basic and and 2). These applicants must follow the desired on the payment instrument, the supplemental amounts are included, instructions provided relative to name/or title of the designated breakout in Section IV. For multiple Executive Order 12372 coverage where individual must be specified. program funding use totals and show appropriate, as listed on page 11. 5. Enter Employer Identification Number of applicant as assigned by the program breakdowns in remarks. Item Submission of Applicants Internal Revenue Service. If the definitions: 12a, amount requested from applicant organization has been Federal Government; 12b, amount (1) Non-competing Continuation assigned a DHHS Entity Number applicant will contribute; 12c, amount Grants—Applicants for continuation consisting of the IRS employer from State, if applicant is not a State; pants must submit these forms not later identification number prefixed by “1” 12d, amount from local government, if man 90 days prior to the budget period applicant is not a local government; 12e, end date. and suffixed by a two-digit number, enter the full Entity Number. If applicant amount from any other sources, explain (2) New Projects and Competing has other grants with DHHS and has in Section IV. Note: Applicants for Continuations—Applicants for been assigned a Payee Identification research grants should complete 12a and Assistance to support new projects or Number, enter PIN in parenthesis () 12f only. |or competing continuations should refe beside employer identification number. 13a. Self explanatory. r Program announcements for 6a. Enter the Catalog of Federal 13b. Enter the district(s) where most information regarding deadline dates fo: Domestic Assistance number assigned of actual work will be accomplished. If (Submission of forms. to program under which assistance is city-wide or State-wide covering several 459 80 Federal Register / Voi. 50, No. 214 / Tuesday, November 5, 1985 / Notices

where there is related previous, pending districts, write "city-wide” or “State­ 23a. Name and title of authorized P< wide”. representative of legal applicant. or anticipated assistance from another si 14. Enter appropriate letter. 23b. Self explanatory. N o te: funding source. 01 Definitions are: Authorized representative signature Instructions for Completion of Part III of A. N ew . A submittal for the first time cannot be signed by designee. for a new project or project period Note.—Applicant completes only sections I This form is designed so that cl (includes competing continuations). and II. Section HI is completed by Federal application can be made for funds to Ci B. R en ew a l'. Not applicable to HDS Agencies.. support one or more functions or Ci activities. Generally, HHS funded grants programs. Instructions for Completion of Part II in C. R ev isio n . A modification to project programs do not require a breakdown Ft after the initial funding/budget period Negative answers will not require an by function or activity. Therefore, only Ci and within die approved project period. explanation unless the responsible HDS Line 1 need be completed. However, ar D. Continuation. Support for a non­ program office requests more Head Start, funded by the w competing continuation project after the information at a later date. All “Yes” Administration for Children, Youth and ai initial funding/budget period and within answers must be explained on a Families requires that activities th the approved project period. separate page in accordance with these commonly identified by program as instructions. E. Augmentation. (Referred to accounts be displayed separately on Ci Item 1—Provide the name of the elsewhere in these instructions and in individual lines (Lines 1-4 under Section Ci governing body establishing the priority other HDS publications as a A and Columns 1-4 under Section B). th system and the priority rating assigned “supplemental”). An application for Since HDS programs award funds to A to this project. If the priority rating is not additional funds for a project previously support activities for budget periods m available, give the approximate date awarded funds in the same funding/ which are generally 12 months in Li that it will be obtained. duration, Section A, B, C, and D must budget period. Project nature and scope Item 2—Provide the name of the unchanged. provide budget information for the agency or board which issued the requested budget period. Section E cc 15. Enter approximate date project is clearance and attach the documentation should reflect the need for Federal Si expected to begin. If initial budget of status or approval. If the clearance is assistance in subsequent budget a- period is other than 12 months, check riot available, give the approximate date periods. item 21 and explain in Part IV. that it will be obtained. 16. Enter estimated number of months Item 3—Furnish the name of the Applicants for research grants are not 01 required to complete information items to complete project after Federal funds approving agency and the approval date. pi are available, If the approval has not been received, related to non-Federal share. Rather, sf 17. Complete only for revisions (item state approximately when it will be research cost sharing shall be negotiated Si 14c), or augmentations (Supplements) obtained. separately with the funding office. at (Item 14e). Item 4—Show whether the approved Section A—Budget Summary C 18. Date application/preapplication comprehensive plan is State, local or re must be submitted to HDS in order to be regional; or, if none of these, explain the L in es 1 -4 ¡cl eligible for funding consideration. scope of the plan. Give the location Col. (a): For applications pertaining to C 19 Name and address of the Federal where the approved plan is available for a single grant program andjioi requiring agency to which this request is examination, and state whether this a functional activity or program account a] addressed. Indicate as clearly as project is in conformance with the plan. breakout enter on Line 1 under Column Si possible the name of the office to which If the plan is not available, explain why. (a) the Federal Domestic assistance H the application will be delivered. Item 5—Show the population residing Catalog program title (See attached C( 20. Enter existing Federal grant or working on the Federal installation listing). For "Head Start”, enter the identification number if this is not a new who will benefit from this project. activities (program accounts) name and al request and directly relates to a (Federally recognized Indian a number for which funds are being oi previous Federal action. Otherwise reservations are not 'Tederal requested on separate lines. write “NA”. . | Li Installations”) Col. (b): Enter appropriate Catalog of 21. Check appropriate box as to Item 6—Show the percentage of the Federal Domestic Assistance number. whether Section IV of form contains project work that will be conducted on tc For “Head Start”, enter the activities remarks and/or additional remarks are Federally-owned land or leased land. tr (program accounts) name and number attached. Give the name of the Federal C( for which funds are being requested on installation and its location. ai Section II Item 7—Briefly describe the possible separate lines. fr Applicants will always complete beneficial and/or harmful effect on the Col. (c)-(g): For new applications, either item 22a or 22b and items 23a and environment because of the proposed leave Columns (c) and (d) blank. For 01 23b. An explanation follows For each project. If an adverse environmental each line entry, enter in columns (e), (f)< Pi item. effect is anticipated, explain what action and (g) the appropriate amounts needed c< 22a. Complete if application is subject will be taken to minimize it. to support the project for the first budget tr to Executive Order 12372 (State review Item 8—State the number of period. Applicants for r e s e a r c h grant it and comment). Note: All written individuals, families, businesses, or should make no entries m Column (f). .Si comments submitted by or though the farms this project will displace. Federal For non-competing, or competing ir State Contact must be attached, if agencies will provide separate continuation applications, enter in available. Applicants are advised of the instructions, if additional data is Columns (c) and (d) the estimated c< tf delay of funding near the end of the needed. . amounts for funds which will remain fiscal year, if a timely notification to the. Item 9—Show the Catalog of Federal unobligated at the end of the current ai hi State Contact is not made. Domestic Assistance number, the budget period. Enter in column (e), (fi 22b. Check if application is not subject program number, the type of assistance, and (g) the appropriate amounts nee<^ l f m to E .0 .12372. the status, the amount of each project to support the project for the new budget Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Notices 45981

period. (Applicants for research grants own definition of equipment, provided when the applicant (except local should make no entries in Columns (d) that such a definition would at least governments) has an indirect cost rate ior (f). Column (g) should equal the total include all tangible personal property as approved by the Department of Health of Column (e) and Column (f). defined in the preceding sentence. (See and Human Services. If rate has recently For augmentation (supplements) a n d Section F. Line 21 for additional been approved, please enclose a copy of changes to e x is tin g g ra n ts, leave requirements). current rate. Local governments shall Columns (c) and (d) blank and enter in Supplies—Line 6e: Enter the total enter the amount of indirect costs Columns (e) and (f) the amount of costs of all tangible personal property determined in accordance with HHS increase or decrease of Federal and non- (supplies) other than that included on requirements. In the case of training Federal funds, as appropriate. Enter in line 6d. grants to other than State or local Column (g) the new total budgeted Contractual—Line 6f: Enter the total governments, the reimbursement of amount (Federal and non-Federal) costs of all contracts, including (1) indirect costs will be limited to the jwhich includes the previously procurement contracts (except those lesser of actual indirect costs or 8 authorized total budgeted amounts for which belong on other lines such as percent of the amount allowed for direct |the current budget period plus or minus, equipment, supplies, etc.), and, (2) costs exclusive of any equipment as appropriate, the amounts shown in contracts agreements with secondary charges, rental of space, tuition and Columns (e) and (f). The amount(s) in recipient organizations including fees, post-doctoral training allowances, n Column (g) should not equal the sum of delegate agencies. Also include any contractual items, and alteration and the amounts in Columns (e) and (f). contracts with organizations for the renovations. It should be noted that Applicants for research grants should provision of technical assistance. Do not when an indirect cost rate is requested, make no entries in columns (d) or (f). include payments to individuals on this these costs included in the indirect cost line. Attach a list of contractors Line 5 pool should not be also charged as indicating the name of the organization; direct costs to the grant. Enter the totals for all columns the purpose of the contract; statement Enter the total completed. Total—Line 6k: (scope) of work; period of performance; amounts of Lines 6(i) and 6{j). For all Section B—Budget Categories Column and the estimated dollar amount of the new competing and non-competing 1-5 award. If the Name of Contractor, Scope continuation applications, the total of Work and estimated total is not | In the Column heading (1) through (4), amount shown in Column (5), Line 6(k), >t available or has not been negotiated, enter the same titles of the grant should be the same as the amount include in Line h, “Other". (Note: shown in Section A, Column (e), Line 5. programs and/or program accounts Whenever the applicant/grantee intends For all supplements or changes, the shown on Lines 1 through 4, Column (a), to delegate part or all of the program to total of the amount shown in Columns Section A. For each grant program or another agency, the applicant/grantee (1) through (4) should equal the amount activity (program account) entered in must submit sections A and B of Part III, shown in Section A, Line 5(e). The Columns (1) through (4) enter the total Budget Section, completed for each amount shown in Column (5) should requirements for Federal funds by object delegate agency by agency title, along include the cumulative total of the ¡class categories and enter total in with the required supporting information previously approved Federal share for ;o Column 5. referenced in the applicable the current budget period plus or minus, Allowability of costs are governed by instructions. The total cost of all such as appropriate, the increase or decrease nt applicable cost principles set forth in agencies will be part of the amount of Federal funds. ¡Subpart Q of 45 CFR Part 74 and die shown on Line 6(f). Provide back-up HDS Grants Administration Manual. documentation identifying Name of Program Income—Line 7: Enter the Personnel—Line 6a: Enter the total contractor, purpose of contract and estimated amount of income, if any, costs of salaries and wages of major cost elements. expected to be generated from this i ¡applicant/grantee staff. Do not include Construction—Line 6g: Enter the costs project. Do not add or subtract this costs of consultants or personnel costs of alterations or renovation. Provide amount from the total project amount. of delegate agencies. (See Section F, narrative justification and breakdown of Show, in the program narrative f pne 21, for additional requirements). costs. New construction is unallowable. statement, the nature and source of F rin g e Benefits—Line 6b: Enter the Other—Line 6h: Enter the total of all income. total costs of fringe benefits unless other costs. Such costs, where Section C—Non-Federal Resources treated as part of an approved indirect applicable, may include, but are not i cost rate. Provide breakdown of limited to, insurance, food, medical and L in e 8 -1 1 : Enter amounts of non- amounts and percentages that comprise dental costs, (noncontractual), fees and Federal resources that will be used to [fringe benefit costs. travel paid directly to individual support the project. (Applicants for Travel—Line 6c: Enter total costs of consultants, local transportation (all research grants should not complete this out-of-town travel for employees of the travel which does not require per diem Section but will negotiate appropriate project. Do not enter costs for -d, is considered local travel), space and cost sharing arrangements with the ¡et consultant’s travel or local equipment rentals, printing and funding office). Provide a brief transportation. Provide justification for publication, computer use, training costs explanation, on a separate sheet, requested travel costs. (See Line 0h and including tuition and stipends, training showing the type of contribution, and Section F, Line 21, for additional service costs including wage payments whether it is in cash or in-kind. If in- mstructions). to individuals and supportive service kind, is allowable and included, show I Equipm ent—L in e 6 d : Enter the total payments, and staff development costs. the basis for computation including: posts of all equipment to be acquired by Total D irect Charges—Line 6i: Show (1) Numbers and types of volunteers ne. Project. "Equipment” means an the totals of Lines 6(a) through 6(h). and rates at which their services are Article of tangible personal property Indirect Charges—Line 6j: Enter the valued; paving a useful life of giore than two i ] total amount of indirect costs. If no (2) Valuation of donated space (use years and an acquisition cost of $500 or jet indirect costs are requested enter only) including number of square feet piore per unit. An applicant may use its "none”. This line should be used only and value assigned per square foot; and 45982 Federal Register / Vol 50, No. 214 / Tuesday, November 5, 1985 / Notices

(3) Determination of depreciation and facilitate determination of allowability, on proposed Federal assistance under use allowance for grantee-owned space; relevance to the project, and cost certain Federal programs. States [Include statement whether space was benefits. Particular attention must be adopting a review process under the purchased or constructed, totally or in given to the explanation of any E.O. will have designated a State official part with federal hinds for items (2) and requested direct cost budget item which or organization to act as the State's (3)]. requires explicit approval by the HDS “Single Point of Contact” (SPOC) for (4) Type and value of other in-kind program office. Budget items which sending official State recommendations contributions expected. require identification and justification to HDS. Applicants with projects subject Column (a): Enter the program title or shall include, but not be limited to, the to E .0 .12372 review must adhere to the activities (program accounts) as in following: requirements of their State processes. Column (a) Section A. 1. Salary amounts and percentage of 2. Procedures for New and Competing Column (b): Enter the amount of cash time worked for those key individuals Continuation Applications and in-kind contributions to be made by who are identified in the project the applicant narrative. E .0 .12372 requires applicants for new Column (cp Enter the State 2. Any foreign travel; and competing continuation grants and contribution. If the applicant is a State 3. A list of all equipment (See Part III, cooperative agreements to coordinate agency, enter the non-Federal hinds to Section B, Line 6d) and estimated cost of their plans at the State and local levels be contributed by the State other than each item to be purchased. Need for through the State SPOC. Names and the applicant State agency. equipment must be supported m addresses of the State SPOC are listed Column (d): Enter the amount of cash program narrative. in the Federal Register announcement and in-kind contributions to be made 4. Contractual; Major items or groups soliciting applications or in the from all other sources. of smaller items; and application kit. A current listing can also Colum n(e): Enter the totals of 5. Other; group and major categories, be obtained from the regional or Columns (b), (c), and (d). e.g., consultants, local transportation, headquarters grants management office. Line 12—Enter total of each of space rental, training allowances, staff Potential applicants should contact their Columns (b) through (e). The amount in training, computer equipment, etc. State SPOC at the earliest feasible time Column (e) should be equal to the Provide a complete break-down of all and notify them of their intent to apply amount on Line 5, Column (!), Section A. costs that make up this category. for Federal assistance. Many State Section D—Forecasted Cash Needs L in e 22—Enter the type of indirect offices have their own notification forms rate (provisional, final fixed) that will be and instructions, and applicants should L in e 13—Enter the amount of Federal in effect during the funding period, the obtain this material directly from them. cash needed for this grant, by quarter, estimated amount of the base to which Applications submitted to HDS must durmg the budget period. the rate is applied and the total indirect respond to the E .0 .12372 Certification, L in e 14—Enter die amount of cash expense. Also, enter the date HDS Item 22 on Standard Form 424. HDS will from all other sources needed by quarter approved the rate, where applicable. notify the State SPOC of any application during the budget period. (Applicants for Attach a copy of rate agreement if covered by E .0 .12372 that does not research grants should not complete this recently approved. indicate that the State contact has had line). L in e 23—Provide any other an opportunity to review it. Therefore, L in e 15—Enter the total of amounts on explanations required or deemed failure to notify the State of the Line 13 and 14. necessary. proposed application to HDS may result Section E—Budget Estimates of Federal Attachment 1.—Executive Order 12372 in a delay of funding as HDS will not Funds Needed for Balance of Projects Coverage make an award without assurance of L in e 16-19—Enter in Column (a) the compliance with this process. 1. G en e ra l same program title or activities (program State SPOC offices have sixty (60) accounts) as in Column (a) Section A. Executive Order 12372, days after the HDS deadline date for the For new or competing continuation or “Intergovernmental Review of Federal receipt of applications in which to noncompeting continuation grant Programs," provides for the State and review and resolve problems with the applications, enter in the proper local government coordination and applicant and submit comments to HDS. columns amounts of Federal funds review of proposed Federal financial 3. Procedures for Non-Competing which will be needed to complete the assistance. Certain applicants for HDS Continuation Applications program or project over the succeeding grants must comply with the provisions budget periods (usually in years). Do not of E .0 .12372 and 45 CFR Part 100, Applicants for non-competing enter current year budget amount; enter “Intergovernmental Review of continuations of awards covered by E.O. second, third, fourth, and fifth year Department of Health and Human 12372 must contact the State SPOC budget needs. This Section need not be Services Programs and Activities.“ The regarding their application at the completed for Headstart applicants with following table provides a listing of all earliest possible time. Applications indefinite project periods or for HDS assistance programs identified by submitted to HDS must respond to the revisions or supplements for the current Catalog of Federal Domestic Assistance E .0 .12372 Certification, Item 22 on the budget period which do not increase die Number (CFDA), and shows those Standard Form 424. HDS will notify the general level of support. programs and activities which are State SPOC of the receipt of any L in e 20—Enter the totals of each of covered by E .0 .12372 and those which covered program application which has the Columns (b) through (e). are exempt from coverage. no indication that the State process has Federally recognized Indian Tribes had an opportunity for review. Section F—Other Budget Information are exempt from the provisions and The closing date for submission of L in e 21—Use this space to fully requirements of E .0 .12372 (see 48 FR State comments is thirty (30) days after explain and justify the major items 29196 dated )une 24,1983). the deadline date for receipt of included in the budget categories shown States may design their own applications. Applicants are advised to in Section B. Include sufficient detail to processes for reviewing and commenting make clear to the SPOC that they are Federal Register / Voi. 50, No, 214 / Tuesday, November 5, 1985 / Notices 45983 applying for a non-competing Catalog of Catalog of Federal Federal continuation award with a thirty day domestic Discretionary grants Mandatory or formula Mandatory or formula grants domestic Discretionary grants rather than a sixty (60) day review assistance assistance grants No. No. period. 13.633...... Aging—Title III—A & 13.652...... Adoption Attachment 2.—HDS Programs and III—B. grants for opportunities— Activities Covered by Executive Order supportive services research & 12372 and senior centers. demonstration. 13.835...... Aging—Title III—C, 13.655...... Aging—Title VI grants nutrition services. to Indian tribes. 13.645...... Child welfare 13.658...... Title IV-E—Foster Catalog of services—Title IV-B Federal care. domestic Discretionary grants Mandatory or formula State grants. 13.659...... Title IV -E —Adoption assistance grants 13.646...... Work Incentive assistance. No. Program (WIN). 13.661...... Native American 13.608...... Child welfare research Programs— 13.600.... . Head Start—Basic & demonstration research, Head Start Program, section 426 of demonstration, and research, training Social Security Act evaluation. (SSA). and technical 13.662...... Native American assistance, 13.612...... Native American Programs—training demonstration, and Programs—financial and technical pilot projects. assistance: assistance. 13.623...... Runaway youth—All 13.632...... Developmental 13.667...... Social services block projects. disabilities— grant. University affiliated 13.628...... Child abuse and State child abuse and 13.668...... Aging—Title IV facilities and neglect prevention neglect prevention research, satellite centers. and treatment—All and treatment demonstration, & 13.647...... projects. Social services training. research and 13.630...... Developmental disabilities—basic demonstration— support and section 1110 of SSA. [FR Doc. 85-26308 Filed 11-4-85; 8:45 am] advocacy. 13.648...... Child welfare services 13.631...... Developmental BILLING CÒDE 4130-01-M (426) training. disabilities special projects.

i

Reader Aids Federal Register Vol. 50, No. 214

Tuesday, November 5, 1985

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING NOVEMBER

SUBSCRIPTIONS AND ORDERS At the end of each month, the Office of the Federal Register Subscriptions (public) 202-783-3238 publishes separately a List of CFR Sections Affected (LSA), which Problems with subscriptions 275-3054 lists parts and sections affected by documents published since Subscriptions (Federal agencies) 523-5240 the revision date of each title. Single copies, back copies of FR 783-3238 Magnetic tapes of FR, CFR volumes 275-2867 3 CFR 14 CFR Public laws (Slip laws) 275-3030 Executive Orders: 39...... 45598, 45810 5402...... 45591 71...... 45718, 45810 PUBLICATIONS AND SERVICES 5403...... 45593 91...... 45599 Daily Federal Register 12170 S e e Notice of Proposed Rules: November 1,1985...... 45901 39...... 45829 General information, index, and finding aids 523-5227 Administrative Orders: 71...... 45830 Public inspection desk 523-5215 Corrections Notices: 523-5237 November 1,1 9 8 5 ...... 17 CFR Document drafting information ... 45901 523-5237 33...... 45811 Legal staff 523-4534 7 CFR 20Q™...... 45602 Machine readable documents, specifications 523-3408 29...... 45805, 45806 Proposed Rules: Code of Federal Regulations 404...... 45903 1...... 45831 405...... 45903 33 ...... 45831 General information, index, and finding aids 523-5227 408...... 45903 145™...... 45833 Printing schedules and pricing information 523-3419 442...... 45903 146...... 45833 999...... 45807 190...... 45831 Laws 523-5230 1002...... 45595 Presidential Documents 1004...... 45595 18 CFR 1864...... 45740 2...... 45907 Executive orders and proclamations 523-5230 1872...... 45740 157...... 45907 Public Papers of the President 523-5230 1900...... 45740, 45906 250...... 45907 Weekly Compilation of Presidential Documents 523-5230 1910...... 45740 284...... - 45907-45908 1924...... 45740 375...... 45907 United States Government Manual 523-5230 1941...... 45740 19 CFR Other Services 1943...... 45740 1945...... 45740 175...... 45812 Library 523-4986 1950...... 45740 Proposed Rules: Privacy Act Compilation 523-4534 1951...... 45740 191...... 45919 TDD for the deaf 523-5229 1955...... 45740 1960...... 45740 21 CFR 1962...... 45740 FEDERAL REGISTER PAGES AND DATES, NOVEMBER 73...... 45814 Proposed Rules: 74...... 45909 70...... 45829 81...... 45909 45591-45804...... 1 225...... 45898 ftp 45805-45900...... 4 400...... 45625 436 . .... 45603 45901-45984...... 5 989...... 45627 522...... 45603 558...... 45910 8 CFR 1308...... 45815 100...... 45597 23 CFR 9 CFR 1204...... 45815 78...... 45808 Proposed Rules: 24 CFR 92...... 45918 20...... „ ___ 45910 10 CFR 30 CFR Ch. |...... 45597 938...... 45820 Proposed Rules: 36 CFR 19...... 45628 21...... 45628 254...... 45823 30...... 45628 902...... 45823, 45824 40...... 45628 903______™ ...... 45824 50...... 45628 905...... 45824 70...... 45628 907...... 45824 71...... 45628 908...... 45824 73...... 45628 Proposed Rules: 110...... 45628 903...... 45841 962...... 45736 38 CFR 12 CFR Proposed Rules: 265...... 45809 21...... 45629 ii Federal Register / Vol. 50, No. 214 / Tuesday, November 5, 1985 / Reader Aids

40C F R Register but may be ordered 35...... 45892 in individual pamphlet form 52...... 45603, 45606 (referred to as “slip laws”) 180...... „ ...... 45607 from the Superintendent of Documents, U.S. Government Proposed Rules: 52...... 45630 Printing Office, Washington, 81...... 45630 DC 20402 (phone 202-275- 439...... 45920 3030). H.R. 3605/Pub. L 99-140 42 C F R To provide that the authority Proposed Rules: to establish and administer 442...... „ ...... 45921 flexible and compressed work schedules for Federal 43 C F R Government employees be 4100...... 45824 extended through December 31, 1985. (Oct 31, 1985; 99 45C F R Stat 563; 1 page) Price: 801...... 45608 $1.00 H.R. 2959/Pub. L 99-141 47 C F R Making appropriations for 1______...... 45608 energy and water 13..... 45827 development for the fiscal Proposed Rules: year ending September 30, Ch. 1...... 45841 1986, and for other purposes. 15...... 45843 (Nov. 1, 1985; 99 Stat 564; 22..... 45843 16 pages) Price: $1.00 76...... 45 84 3 21...... 45608

48 C F R Proposed Rules: 31...... 45708

49 C F R 1...... „...... 49614,45728 106 ...... 45728 107 __ 45728 171 ...... 45728 172...... „ ...... 45728 173 ...... 45728 174 ...... 45728 175...... 45728 176______45728 177...... 45728 178...... „.45728 190 ...... 45728 191 . „..„„45728 192 ______45728 193 __ „.______45728 195...... 45728 Proposed Rules: 192...... 45845 212.______45917 217 .. 45917 218 ______45917 219„..„...„...„„„...„.„„..„„. 45917 225...... ______45917 50 CFR 17.. ..„ _ 45614-45621 285...... 45828 663...... „ .... „.4 5 8 2 8 Proposed Rules: 17...... „...45632-45638, 45846

LIST OF PUBLIC LAWS

Last list November 4, 1985 This is a continuing list of public bills from the current session of Congress which have become Federal laws. The text of laws is not published in the Federal