Pages 30495±30796 Vol. 61 6±17±96 No. 117 federal register June 17,1996 Monday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996

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2 III

Contents Federal Register Vol. 61, No. 117

Monday, June 17, 1996

Administration on Aging Committee for the Implementation of Textile Agreements See Aging Administration NOTICES Cotton, wool, and man-made textiles: Aging Administration China, 30597 NOTICES Nepal, 30598 Agency information collection activities: Submission for OMB review; comment request, 30619 Customs Service Older Americans Act nutrition programs; use of medical PROPOSED RULES food and food for special dietary uses; guidance, Organization and functions; field organization, ports of 30619–30621 entry, etc.: Sanford, FL; port of entry designation, 30552–30553 Agricultural Marketing Service NOTICES RULES IRS interest rate used in calculating interest on overdue Apricots grown in Washington, 30495–30497 accounts and refunds, 30667 Cranberries grown in Massachusetts et al., 30497–30498 Fresh cut flowers and fresh cut greens promotion and Defense Department information order; assessments payment postponement, See Engineers Corps 30498–30501 Drug Enforcement Administration Agriculture Department NOTICES See Agricultural Marketing Service Applications, hearings, determinations, etc.: See Animal and Plant Health Inspection Service Maxicare Pharmacy; correction, 30670 RULES Classified information; classification, declassification, and Energy Department safeguarding; CFR part removed, 30495 See Federal Energy Regulatory Commission Animal and Plant Health Inspection Service Engineers Corps PROPOSED RULES Animal welfare: NOTICES Marine Mammal Negotiated Rulemaking Advisory Nationwide permits; issuance, reissuance, and Committee— modification; public hearings, 30778, 30780–30795 Meetings, 30545 NOTICES Environmental Protection Agency Agency information collection activities: RULES Proposed collection; comment request, 30590–30591 Superfund program: National oil and hazardous substances contingency Army Department plan— See Engineers Corps National priorities list update, 30510–30531 PROPOSED RULES Census Bureau Clean Air Act: NOTICES State operating permits programs- Surveys, determinations, etc.: Idaho, 30570–30575 Environmental products and services, 30592–30593 Superfund program: National oil and hazardous substances contingency Children and Families Administration plan— NOTICES National priorities list update, 30575–30579 Grants and cooperative agreements; availability, etc.: NOTICES Child abuse and neglect research, demonstration, and Agency information collection activities: training and technical assistance projects, 30748– Proposed collection; comment request, 30609–30610 30775 Air pollution control; new motor vehicles and engines: Youth education and domestic violence model programs, International regulatory harmonization, 30657–30667 30621–30622 Toxic and hazardous substances control: Premanufacture exemption approvals, 30610–30611 Commerce Department See Census Bureau Executive Office of the President See Foreign-Trade Zones Board See Trade Representative, Office of United States See National Oceanic and Atmospheric Administration See Travel and Tourism Administration Federal Aviation Administration NOTICES RULES Agency information collection activities: Air carrier certification and operations: Submission for OMB review; comment request, 30591– Airplane simulators; advanced training program, 30726– 30592, 30732 IV Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Contents

Check airmen and flight instructors in simulators; Federal Highway Administration separate training and qualification requirements, PROPOSED RULES 30734–30746 Right-of-way and environment: Airworthiness directives: Federal regulatory review— Cessna, 30501–30505 Mitigation of impacts to wetlands, 30553–30559 Jetstream, 30505–30507 Class E airspace, 30507–30508 Federal Maritime Commission Class E airspace; correction, 30670 NOTICES Restricted areas, 30508–30509 Casualty and nonperformance certificates: PROPOSED RULES Radisson Seven Seas Cruises, Inc., 30612 Air carrier certification and operation: Freight forwarder licenses: Radar beacon system and Mode S transponder Evans, Wood & Caulfield, Inc., et al., 30612 requirements in national airspace system Correction, 30551–30552 Federal Railroad Administration Airworthiness directives: PROPOSED RULES Schweizer Aircraft Corp. et al., 30548–30550 Rail passenger equipment safety standards, 30672–30724 VOR Federal airways, 30550–30551 NOTICES Federal Reserve System Passenger facility charges; applications, etc.: PROPOSED RULES Jefferson County Airport, TX, 30657 Reserve requirements of depository institutions (Regulation D): Federal Communications Commission Time deposits, nonpersonal time deposits, Eurocurrency RULES liabilities, etc., 30545–30548 Common carrier services: NOTICES Video dialtone service— Banks and bank holding companies: Subsidiary accounting requirements concerning costs Change in bank control, 30612 and revenues for local exchange carriers offering Formations, acquisitions, and mergers, 30612–30613 services, 30531–30532 Meetings: Communications equipment: Consumer Advisory Council; correction, 30613 Radio frequency devices— Television receivers; UHF noise figure performance Federal Trade Commission measurements; reporting requirements elimination, NOTICES 30532 Prohibited trade practices: PROPOSED RULES Amoco Oil Co., 30613 Common carrier services: Azrak-Hamway International, Inc., et al., 30613–30614 Aeronautical services provision via International Columbia/HCA Healthcare Corp., 30614 Maritime Satellite Organization (Inmarsat system), Dannon Co., Inc., 30614 30579–30581 Good News Products, Inc., 30614–30615 O+ InterLATA calls; billed party preference, 30581– Hughes Danbury Optical Systems, Inc., et al., 30615 30584 Johnson & Johnson, 30615 Radio stations; table of assignments: L’Air Liquide S.A. et al., 30615 California, 30584–30585 LItton Industries, Inc., 30615–30616 Wisconsin, 30585 Mama Tish’s Italian Specialties, Inc., 30616 P. Lorillard Co., 30616 Federal Deposit Insurance Corporation Starwood Advertising, Inc., et al., 30616 NOTICES WLAR Co. et al., 30617 Meetings; Sunshine Act, 30611 Fish and Wildlife Service Federal Energy Regulatory Commission PROPOSED RULES RULES Endangered and threatened species: Electric utilities (Federal Power Act): Northern spotted owl, 30588 Open access non-discriminatory transmission services NOTICES provided by public utilities— Environmental statements; availability, etc.: Wholesale competition promotion; stranded costs Incidental take permits— recovery by public and transmitting utilities, 30509 Iron County, UT; Utah prairie dog, 30636 NOTICES Electric rate and corporate regulation filings: Foreign Claims Settlement Commission Gelber Group, Inc., et al., 30600–30601 NOTICES Southern California Edison Co. et al., 30602–30604 Holocaust survivor claims for compensation; filing Hydroelectric applications, 30604–30606 deadline, 30638 Natural gas certificate filings: Columbia Gas Transmission Corp. et al., 30606–30609 Foreign-Trade Zones Board Applications, hearings, determinations, etc.: NOTICES Columbia Gas Transmission Corp., 30598–30599 Applications, hearings, determinations, etc.: Natural Gas Pipeline Co. of America, 30599 Florida, 30593 Northern Natural Gas Co., 30599 Washington, 30593 Trasncontinental Gas Pipe Line Corp., 30599 Washington Water Power Co.; correction, 30599–30600 Health and Human Services Department Young Gas Storage Co., Ltd., 30600 See Aging Administration Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Contents V

See Children and Families Administration National Aeronautics and Space Administration See Health Resources and Services Administration NOTICES See Inspector General Office, Health and Human Services Inventions, Government-owned; availability for licensing, Department 30638–30639 See National Institutes of Health Patent licenses; non-exclusive, exclusive, or partially See Substance Abuse and Mental Health Services exclusive: Administration Hargraves Technology Corp., 30639 NOTICES Organization, functions, and authority delegations: National Highway Traffic Safety Administration Substance Abuse and Mental Health Services PROPOSED RULES Administration, 30617–30619 Motor vehicle safety standards: Rear view mirrors, 30586–30588 Health Care Financing Administration NOTICES See Inspector General Office, Health and Human Services Motor vehicle safety standards: Department International regulatory harmonization, 30657–30667

Health Resources and Services Administration National Institutes of Health NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings: Health care for homeless and homeless children National Institute of Mental Health, 30625 programs; expiring project periods notification, 30622–30623 National Labor Relations Board PROPOSED RULES Housing and Urban Development Department Procedural rules: NOTICES Attorneys or party representatives; misconduct before Agency information collection activities: agency, 30570 Proposed collection; comment request, 30633–30634 Submission for OMB review; comment request, 30634– National Oceanic and Atmospheric Administration 30635 RULES Fishery conservation and management: Indian Affairs Bureau Bering Sea and Aleutian Islands groundfish, 30544 PROPOSED RULES Fishery management plan development limitations; Land and water: interpretation, 30543–30544 Leasing and permitting, 30560–30570 PROPOSED RULES Osage Roll; certificate of competency; Federal regulatory Endangered and threatened species: review, 30559–30560 Sea turtle conservation; shrimp trawling requirements— NOTICES Soft turtle excluder devices approval removed, etc., Tribal-State Compacts approval; Class III (casino) gambling: 30588–30589 Klamath Tribes, OR, 30635 Fishery conservation and management: Puerto Rico and U.S. Virgin Islands reef fish, 30589 NOTICES Inspector General Office, Health and Human Services Grants and cooperative agreements; availability, etc.: Department Climate and global change program, 30593–30596 NOTICES Special fraud alerts; publication: National Park Service Nursing facilities; services provision; fraud and abuse, 30623–30625 NOTICES Concession contract negotiations: Buffalo National River, AR— Interior Department Canoe rental, shuttle, and related services, 30636– See Fish and Wildlife Service 30637 See Indian Affairs Bureau Johnboat rental, shuttle, and guide services, 30637– See Land Management Bureau 30638 See National Park Service Dinosaur National Monument, CO; commercially guided, interpretive whitewater river tours, 30637 Internal Revenue Service Ozark National Scenic Riverways, MO; canoe, inner tube, NOTICES and johnboat rentals, etc., 30637 Agency information collection activities: Native American human remains and associated funerary Proposed collection; comment request, 30668–30669 objects: Eiteljorg Museum of American Indians and Western Art, Justice Department IN; Tlingit clan hat; correction, 30670 See Drug Enforcement Administration Los Angeles County Museum of Natural History, CA; See Foreign Claims Settlement Commission inventory; correction, 30670

Land Management Bureau Nuclear Regulatory Commission NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Petitions; Director’s decisions: Arizona Resource Advisory Council, 30635–30636 Consolidated Edison Co. of New York, 30643–30645 VI Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Contents

Applications, hearings, determinations, etc.: Trade Representative, Office of United States Northeast Nuclear Energy Co. et al., 30639–30641 NOTICES Public Service Electric & Gas Co., 30641–30643 Generalized System of Preferences: Pakistan; internationally recognized worker rights, 30646 Office of United States Trade Representative Turkey: See Trade Representative, Office of United States Box office revenues; discriminatory tax imposition; Section 302 investigation, 30646–30647 Personnel Management Office Transportation Department NOTICES See Federal Aviation Administration Agency information collection activities: See Federal Highway Administration Proposed collection; comment request, 30645 See Federal Railroad Administration Locality pay; President’s Pay Agent; salary tables, 30645– See National Highway Traffic Safety Administration 30646 See Research and Special Programs Administration See Surface Transportation Board Public Health Service See Health Resources and Services Administration Travel and Tourism Administration See National Institutes of Health RULES See Substance Abuse and Mental Health Services Agency termination; CFR chapter removed, 30509 Administration Treasury Department Research and Special Programs Administration See Customs Service RULES See Internal Revenue Service Hazardous materials: Hazardous materials transportation— Veterans Affairs Department Bulk packagings containing oil; oil spill prevention and NOTICES response plans, 30533–30543 Meetings: Minority Veterans Advisory Committee, 30669 Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Separate Parts In This Issue Options Clearing Corp. et al., 30650–30653 Part II Applications, hearings, determinations, etc.: Transportation Department, Federal Railroad ITT Hartford Life & Annuity Insurance Co. et al., 30647– Administration, 30672–30724 30650 Part III Social Security Administration Transportation Department, Federal Aviation NOTICES Administration, 30726–30732 Privacy Act: Systems of records, 30653–30655 Part IV Transporation Department, Federal Aviation State Department Administration, 30734–30746 NOTICES Cuban Liberty and Democratic Solidarity (LIBERTAD) Act; Part V implementation guidelines, 30655–30656 Health and Human Services Department, Children and Families Administration, 30748–30775 Substance Abuse and Mental Health Services Part VI Administration Department of Defense, Army Department, Engineers Corps, NOTICES 30778 Grants and cooperative agreements; availability, etc.: Community mental health services and substance abuse Part VII prevention and treatment block grants; State Department of Defense, Army Department, Engineers Corps, allocations, 30625–30632 30780–30795

Surface Transportation Board NOTICES Reader Aids Railroad services abandonment: Additional information, including a list of public laws, Norfolk Southern Railway Co., 30667 telephone numbers, reminders, and finding aids, appears in the Reader Aids section at the end of this issue. Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 30656–30657 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Textile Agreements Implementation Committee numbers, Federal Register finding aids, and a list of See Committee for the Implementation of Textile documents on public inspection is available on 202–275– Agreements 1538 or 275–0920. VII Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Contents Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 675...... 30544 10...... 30495 Proposed Rules: 922...... 30495 17...... 30588 929...... 30497 217...... 30588 1208...... 30498 227...... 30588 9 CFR 669...... 30589 Proposed Rules: 1...... 30545 3...... 30545 12 CFR Proposed Rules: 204...... 30545 14 CFR 39 (3 documents) ...... 30501, 30505 71 (2 documents) ...... 30507, 30670 73...... 30508 121 (2 documents) ...... 30726, 30734 135...... 30734 Proposed Rules: 39...... 30548 71...... 30550 121...... 30551 135...... 30551 15 CFR Ch. XII...... 30509 18 CFR 35...... 30509 385...... 30509 19 CFR Proposed Rules: 101...... 30552 122...... 30552 23 CFR Proposed Rules: 777...... 30553 25 CFR Proposed Rules: 154...... 30559 162...... 30560 29 CFR Proposed Rules: 102...... 30570 40 CFR 300...... 30510 Proposed Rules: 70...... 30570 300...... 30575 47 CFR Ch. I ...... 30531 15...... 30532 Proposed Rules: Ch. I ...... 30579 64...... 30581 73 (3 documents) ...... 30584, 30585 49 CFR 130...... 30533 Proposed Rules: 223...... 30672 229...... 30672 232...... 30672 238...... 30672 571...... 30586 50 CFR Ch. VI...... 30543 30495

Rules and Regulations Federal Register Vol. 61, No. 117

Monday, June 17, 1996

This section of the FEDERAL REGISTER received from the public. The removal ADDRESSES: Interested persons are contains regulatory documents having general of 7 CFR Part 10 eliminates a regulation invited to submit written comments applicability and legal effect, most of which which encompasses 6 pages of the CFR. concerning this interim final rule. are keyed to and codified in the Code of The Acting Director of Human Comments must be sent in triplicate to Federal Regulations, which is published under Resources Management has determined the Docket Clerk, Fruit and Vegetable 50 titles pursuant to 44 U.S.C. 1510. that the Paperwork Reduction Act (44 Division, AMS, USDA, Room 2525, The Code of Federal Regulations is sold by U.S.C. chapter 35) does not apply South Building, P.O. Box 96456, the Superintendent of Documents. Prices of because this regulation is being Washington, DC 20090–6456, Fax: (202) new books are listed in the first FEDERAL removed. 720–5698. All comments should REGISTER issue of each week. reference the docket number and the PART 10ÐCLASSIFICATION, date and page number of this issue of DECLASSIFICATION, AND the Federal Register and will be made DEPARTMENT OF AGRICULTURE SAFEGUARDING CLASSIFIED available for public inspection in the INFORMATION Office of the Docket Clerk during regular Office of the Secretary 7 CFR Part 10 is removed. business hours. 7 CFR Part 10 Dan Glickman, FOR FURTHER INFORMATION CONTACT: Teresa L. Hutchinson, Northwest Secretary of Agriculture. Classification, Declassification, and Marketing Field Office, Fruit and Safeguarding of Classified Information [FR Doc. 96–15233 Filed 6–14–96; 8:45 am] Vegetable Division, AMS, USDA, 1220 BILLING CODE 3410±01±M SW Third Avenue, Room 369, Portland, AGENCY: Department of Agriculture. OR 97204; telephone: (503) 326–2724; ACTION: Final rule. or Britthany E. Beadle, Marketing Order Agricultural Marketing Service Administration Branch, Fruit and SUMMARY: This final rule removes the Vegetable Division, Agricultural Department of Agriculture (hereinafter 7 CFR Part 922 Marketing Service, U.S. Department of ‘‘USDA’’) regulation on classification, Agriculture, Room 2523–S, P.O. Box declassification, and safeguarding of [Docket No. FV96±922±1IFR] 96456, Washington, DC 20090–6456; classified information. This regulation is telephone: (202) 720–5331. unnecessary because no requests to Apricots Grown in Designated declassify documents have been made Counties in Washington; Temporary SUPPLEMENTARY INFORMATION: This rule by the public since it was placed in the Suspension of Grade Requirements is issued under Marketing Agreement Federal Register on March 18, 1983. No. 132 and Marketing Order No. 922 [7 AGENCY: Agricultural Marketing Service, CFR Part 922], both as amended, This action is being taken as part of the USDA. National Performance Review program regulating the handling of apricots ACTION: Interim final rule with request to eliminate unnecessary regulations grown in designated counties in for comments. and improve those that remain in force. Washington, hereinafter referred to as the ‘‘order.’’ The order is authorized by EFFECTIVE DATE: June 17, 1996. SUMMARY: This interim final rule the Agricultural Marketing Agreement FOR FURTHER INFORMATION CONTACT: suspends, for the 1996 season only, the Act of 1937, as amended [7 U.S.C. 601– Mr. James A. Long, Jr., Acting minimum grade requirements 674], hereinafter referred to as the ‘‘act.’’ Department Security Officer, (Washington No. 1) currently in effect The Department is issuing this rule in Department of Agriculture, AG Box for fresh shipments of apricots grown in conformance with Executive Order 9616, Washington, D.C. 20250–9616, Washington. This change was 12866. telephone (202) 720–8313, FAX (202) recommended by the Washington This rule has been reviewed under 690–0681. Apricot Marketing Committee Executive Order 12778, Civil Justice SUPPLEMENTARY INFORMATION: On April (committee), which works with the Reform. This rule is not intended to 17, 1995, the President signed Executive Department of Agriculture (Department) have retroactive effect. This rule will Order 12958, ‘‘Classified National in administering the marketing order not preempt any State or local laws, Security Information,’’ which revoked covering apricots grown in designated regulations, or policies, unless they Executive Order 12356 effective October counties in Washington. This rule will present an irreconcilable conflict with 16, 1995. Executive Order 12958 enable handlers to ship more fruit in this rule. requires publication in the Federal fresh market channels, taking into The Act provides that administrative Register regulations regarding an agency consideration the damage caused to proceedings must be exhausted before program for classifying, safeguarding, Washington apricots by freezing parties may file suit in court. Under and declassifying national security temperatures during the growing season. section 608c(15)(A) of the act, any information that ‘‘affect members of the This change is expected to increase handler subject to an order may file public.’’ We do not believe that returns to producers and to make more with the Secretary a petition stating that publication is necessary because they do fresh apricots available to consumers. the order, any provision of the order, or not affect members of the public. Since DATES: This interim final rule is any obligation imposed in connection 1983, the only requests to review effective June 15, 1996. Comments with the order is not in accordance with classified documents have come to us which are received by July 17, 1996, law and request a modification of the from other government departments or will be considered prior to the issuance order or to be exempted therefrom. A agencies. No requests have been of a final rule. handler is afforded the opportunity for 30496 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations a hearing on the petition. After the subject to exemption under the Thus, the color and minimum size hearing the Secretary would rule on the regulation. In addition, the section requirements for all varieties and the petition. The act provides that the provides that the Moorpark variety in well matured requirements for the district court of the United States in any open containers must be generally well Moorpark variety will remain district in which the handler is an matured. Also, that section provides unchanged. inhabitant, or has his or her principal that, with the exception of exempt This rule will enable handlers to ship place of business, has jurisdiction to shipments, apricots must be at least a larger portion of their crop to the fresh review the Secretary’s ruling on the reasonably uniform in color, and be at market this season, taking into account 5 petition, provided an action is filed not least 1 ⁄8 inches in diameter, except for the abnormal growing conditions, than later than 20 days after the date of the the Blenheim, Blenril, and Tilton 1 they would be allowed if the minimum entry of the ruling. varieties which must be at least 1 ⁄4 grade requirements were not suspended. Pursuant to requirements set forth in inches in diameter. Individual Suspension of the grade requirements the Regulatory Flexibility Act (RFA), the shipments of apricots are exempt from for Washington apricots is intended to Agricultural Marketing Service (AMS) these requirements if sold for home use increase fresh shipments to meet has considered the economic impact of only, do not exceed 500 pounds net consumer needs and improve returns to this action on small entities. weight, and containers are stamped or producers. It is the Department’s view The purpose of the RFA is to fit marked with the words ‘‘not for resale.’’ regulatory actions to the scale of This rule amends paragraph (a)(1) of that the impact of this action upon business subject to such actions in order § 922.321 by temporarily suspending the producers and handlers, both large and that small businesses will not be unduly minimum grade requirements for fresh small, will be beneficial because it will or disproportionately burdened. shipments of apricots for the 1996 enable handlers to provide apricots Marketing orders issued pursuant to the season only. The grade requirements consistent with 1996 season growing act, and rules issued thereunder, are currently specified in § 922.321 will conditions. Therefore, the AMS has unique in that they are brought about resume April 1, 1997, for 1997 and determined that this action will not through group action of essentially future seasons. have a significant economic impact on small entities acting on their own At its May 16, 1996, meeting, the a substantial number of small entities. behalf. Thus, both statutes have small committee unanimously recommended After consideration of all relevent entity orientation and compatibility. suspending the grade requirements for material presented, the information and There are approximately 75 handlers the 1996 season. The committee recommendation submitted by the of Washington apricots who are subject requested that this suspension be committee, and other available to regulation under the order and effective by June 15, the date shipments information, it is found that suspending approximately 400 producers in the of the 1996 Washington apricot crop are the minimum grade requirements, as set regulated area. Small agricultural expected to begin. forth in this rule, will tend to effectuate service firms, which includes handlers The committee meets prior to and the declared policy of the Act. of Washington apricots, have been during each season to consider Pursuant to 5 U.S.C. 553, it is also defined by the Small Business recommendations for modification, found and determined upon good cause Administration [13 CFR 121.601] as suspension, or termination of the that it is impracticable, unnecessary, those having annual receipts of less than regulatory requirements for Washington and contrary to the public interest to $5,000,000, and small agricultural apricots which have been issued on a producers are defined as those whose continuing basis. Committee meetings give preliminary notice prior to putting annual receipts are less than $500,000. are open to the public and interested this rule into effect and that good cause The majority of Washington apricot persons may express their views at these exists for not postponing the effective handlers and producers may be meetings. The Department reviews date of this rule until 30 days after classified as small entities. committee recommendations and publication in the Federal Register Section 922.52 of the order authorizes information submitted by the committee because: (1) This rule suspends the the issuance of grade, size, quality, and other available information, and current grade requirements for maturity, container markings, pack, and determines whether modification, Washington apricots; (2) this rule was container regulations for any variety or suspension, or termination of the unanimously recommended by the varieties of apricots grown in any regulatory requirements would tend to committee at an open public meeting district or districts of the production effectuate the declared policy of the act. and all interested persons had an area. Section 922.53 further authorizes The committee reports that the apricot opportunity to express their views and the modification, suspension, or crop was severely damaged by several provide input; (3) Washington apricot termination of regulations issued under freezes last winter and early this spring. handlers are aware of this rule and need § 922.52. Section 922.55 provides that The severe weather conditions resulted no additional time to comply with the whenever apricots are regulated in a high percentage of damage from relaxed requirements; (4) this rule pursuant to §§ 922.52 or 922.53, such russeting, scab spots, and other grade should be in effect by June 15, 1996, the apricots must be inspected by the defects making it difficult for apricots to date 1996 season shipments of the Federal-State Inspection Service, and meet the minimum grade requirements Washington apricot crop are expected to certified as meeting the applicable of Washington No. 1. The committee begin, and this action should apply to requirements of such regulations. estimates that only 2,300 tons of the entire season’s shipments; and (5) Minimum grade, maturity, color, and apricots will be shipped fresh during this rule provides a 30-day comment size requirements for Washington the 1996 season, even with the grade period, and any comments received will apricots regulated under the order are requirements suspended as requested. be considered prior to finalization of specified in § 922.321 Apricot This amount is 52 percent of last this rule. Regulation 21 [7 CFR 922.321]. Section season’s fresh shipments of 4,452 tons List of Subjects in 7 CFR Part 922 922.321 provides that no handler shall and 46 percent of the five-year average handle any container of apricots unless of 4,965 tons. Marketing agreements, Apricots, such apricots grade not less than This rule suspends only the grade Reporting and recordkeeping Washington No. 1, except for shipments requirements specified in § 922.321. requirements. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30497

For the reasons set forth in the Administration Branch, F&V, AMS, regulation under the marketing order preamble, 7 CFR Part 922 is amended as USDA, room 2522–S, P.O. Box 96456, and approximately 1,100 producers of follows: Washington, DC 20090–6456: telephone: cranberries in the regulated area. Small (202) 720–1509, Fax # (202) 720–5698. agricultural service firms, which PART 922ÐAPRICOTS GROWN IN SUPPLEMENTARY INFORMATION: This final includes handlers, have been defined by DESIGNATED COUNTIES IN rule is issued under Marketing Order the Small Business Administration (13 WASHINGTON No. 929 (7 CFR Part 929), as amended, CFR 121.601) as those having annual 1. The authority citation for 7 CFR regulating the handling of cranberries receipts of less than $5,000,000, and small agricultural producers are defined Part 922 continues to read as follows: grown in 10 States, hereinafter referred to as the ‘‘order.’’ The order is effective as those having annual receipts of less Authority: 7 U.S.C. 601–674. under the Agricultural Marketing than $500,000. A majority of handlers 2. Section 922.321 is amended by Agreement Act of 1937, as amended (7 and producers of cranberries may be revising paragraph (a)(1) to read as U.S.C. 601–674), hereinafter referred to classified as small entities. follows: as the ‘‘Act.’’ This rule modifies the language in the order’s rules and regulations to change § 922.321 Apricot Regulation 21. The Department of Agriculture (Department) is issuing this final rule in the first date by which handlers must (a) * * * conformance with Executive Order file their acquisition reports from (1) Minimum grade and maturity 12866. February 5 to January 5. The committee unanimously recommended that the requirements. Such apricots that grade This final rule has been reviewed date be changed from February 5 to not less than Washington No. 1 and are under Executive Order 12778, Civil January 1. The Department proposed at least reasonably uniform in color: Justice Reform. This rule is not intended modifying the recommendation by Provided, That the grade requirement to have retroactive effect. This final rule requiring the first report to be filed by shall not apply to apricots handled from will not preempt any State or local laws, January 5 in order to allow sufficient June 15, 1996, through March 31, 1997; regulations, or policies, unless they Provided further, That such apricots of time for the handlers to file the reports. present an irreconcilable conflict with Section 929.62(b) of the cranberry the Moorpark variety in open containers this rule. shall be generally well matured; and marketing order provides authority to The Act provides that administrative require each handler to file promptly * * * * * proceedings must be exhausted before Dated: June 12, 1996. with the committee a certified report as parties may file suit in court. Under to the quantity of cranberries acquired Sharon Bomer Lauritsen, section 608c(15)(A) of the Act, any during such period as may be specified. Deputy Director, Fruit and Vegetable Division. handler subject to an order may file The fiscal period under the order is [FR Doc. 96–15350 Filed 6–14–96; 8:45 am] with the Secretary a petition stating that from September 1 of one year through BILLING CODE 3410±02±P the order, any provision of the order, or August 31 of the following year. Section any obligation imposed in connection 929.105(b) of the order’s rules and with the order is not in accordance with regulations prescribe that certified 7 CFR Part 929 law and request a modification of the reports shall be filed by each handler to [Docket No. FV±96±929±1FR] order or to be exempted therefrom. A the committee not later than the 5th day handler is afforded the opportunity for of February, May, and August of each Cranberries Grown in the States of a hearing on the petition. After the fiscal period and the 5th day of Massachusetts, Rhode Island, hearing the Secretary will rule on the September of the succeeding fiscal Connecticut, New Jersey, Wisconsin, petition. The Act provides that the period. Such report shall show the total Michigan, Minnesota, Oregon, district court of the United States in any quantity of cranberries the handler Washington, and Long Island in the district in which the handler is an acquired and the total quantity of State of New York; Change in inhabitant, or has his or her principal cranberries the handler handled from Reporting Requirements place of business, has jurisdiction to the beginning of the reporting period review the Secretary’s ruling on the indicated through January 31, April 30, AGENCY: Agricultural Marketing Service, petition, provided an action is filed not July 31, and August 31, respectively. USDA. later than 20 days after date of the entry The committee recommended that the ACTION: Final rule. of the ruling. first acquisition report due to the Pursuant to requirements set forth in committee on February 5 that shows the SUMMARY: This final rule modifies the Regulatory Flexibility Act (RFA), the total quantity of cranberries the handler language in the cranberry marketing Agricultural Marketing Service (AMS) acquired through January 31 be changed order’s rules and regulations to change has considered the economic impact of to an earlier date. This will provide the first date by which handlers must this action on small entities. producers and handlers vital production file their acquisition reports from The purpose of the RFA is to fit information earlier in the season and February 5 to January 5 during each regulatory actions to the scale of allow them to plan accordingly. The crop year. This rule will provide more business subject to such actions in order order’s reporting and recordkeeping useful production information to the that small businesses will not be unduly requirements have not been amended cranberry industry at an earlier time and or disproportionately burdened. since 1988. Handlers’ techniques in is based on a recommendation of the Marketing orders issued pursuant to the gathering and recording acquisition data Cranberry Marketing Committee Act, and rules issued thereunder, are have progressed considerably over the (Committee), which is responsible for unique in that they are brought about last seven years. Handlers have local administration of the order. through group action of essentially indicated that they could provide the EFFECTIVE DATE: This final rule becomes small entities acting on their own committee with an acquisition report effective July 17, 1996. behalf. Thus, both statutes have small prior to January 1 of the crop year. FOR FURTHER INFORMATION CONTACT: entity orientation and compatibility. Therefore, the committee Patricia A. Petrella or Kathleen M. Finn, There are approximately 15 handlers recommended that section 929.105(b) be Marketing Specialists, Marketing Order of cranberries who are subject to revised by changing the first reporting 30498 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations due date from February 5 to January 1. For the reasons set forth in the procedures for the postponement of the As stated previously, the Department preamble, 7 CFR part 929 is amended as payment of assessments to the National has modified this date from January 1 to follows: PromoFlor Council. January 5. The first acquisition report EFFECTIVE DATE: June 18, 1996. PART 929ÐCRANBERRIES GROWN IN currently shows the total quantity of FOR FURTHER INFORMATION CONTACT: THE STATES OF MASSACHUSETTS, cranberries acquired and the total Sonia N. Jimenez, Research and quantity of cranberries handled from the RHODE ISLAND, CONNECTICUT, NEW JERSEY, WISCONSIN, MICHIGAN, Promotion Branch, Fruit and Vegetable beginning of the reporting period Division, AMS, USDA, P.O. Box 96456, through January 31. The committee also MINNESOTA, OREGON, WASHINGTON, AND LONG ISLAND IN Room 2535–S, Washington, DC 20090– recommended that the January 31 date 6456, telephone (202) 720–9916. be changed to December 31 to make the THE STATE OF NEW YORK SUPPLEMENTARY INFORMATION: This rule report consistent with the new due date. 1. The authority citation for 7 CFR is issued under the Fresh Cut Flowers In addition, the Department is part 929 continues to read as follows: and Fresh Cut Greens Promotion and modifying § 929.105(b) by listing each Information Act of 1993 [7 U.S.C. 6801 one of the due dates. This will make the Authority: 7 U.S.C. 601–674. et seq.], hereinafter referred to as the section easier to understand as to when 2. Section 929.105 is amended by Act, and the Order. each report is due. revising paragraph (b) to read as follows: This rule has been issued in The proposed rule concerning this § 929.105 Reporting. conformance with Executive Order action was published in the April 22, 12866. * * * * * 1996, Federal Register (78 FR 17586), This rule has been reviewed under (b) Certified reports shall be filed with with a 30-day comment period ending Executive Order 12778, Civil Justice the committee, on a form provided by May 22, 1996. No comments were Reform. It is not intended to have the committee, by each handler not later received. retroactive effect. This rule will not than January 5, May 5, and August 5 of There was one error in the regulatory preempt any State or local laws, each fiscal period and by September 5 text appearing in the proposed rule. In regulations, or policies, unless they of the succeeding fiscal period showing: § 929.105(b)(2), the proposed rule present an irreconcilable conflict with (1) The total quantity of cranberries indicated that the certified report due this rule. the handler acquired and the total from handlers on January 5 show the The Act provides that administrative quantity of cranberries the handler quantities of cranberries and cranberry proceedings must be exhausted before handled from the beginning of the products held by the handler on parties may file suit in court. Under § 8 reporting period indicated through February 1. The latter date should be of the Act, a person subject to the order December 31, April 30, July 31, and January 1. This final rule corrects may file a petition with the Secretary August 31, respectively, and § 929.105(b)(2) accordingly. stating that the order or any provision (2) The respective quantities of of the order, or any obligation imposed Based on the above, the AMS has cranberries and cranberry products held in connection with the order, is not in determined that this action will not by the handler on January 1, May 1, accordance with law and requesting a have a significant economic impact on August 1, and August 31 of each fiscal modification of the order or an a substantial number of small entities. period. This rule modifies language in the exemption from the order. The cranberry marketing order’s rules and Dated: June 10, 1996. petitioner is afforded the opportunity regulations to change the first date by Robert C. Keeney, for a hearing on the petition. After such which handlers must file their Director, Fruit and Vegetable Division. hearing, the Secretary will make a ruling acquisition reports from February 5 to [FR Doc. 96–15093 Filed 6–14–96; 8:45 am] on the petition. The Act provides that January 5 during each crop year. This BILLING CODE 3410±02±P the district courts of the United States rule will provide more useful in any district in which a person who production information to the cranberry is a petitioner resides or carries on industry at an earlier time. 7 CFR Part 1208 business are vested with jurisdiction to review the Secretary’s ruling on the The information collection [FV±95±702FR] petition, if a complaint for that purpose requirements contained in the is filed within 20 days after the date of referenced section have been previously Fresh Cut Flowers and Fresh Cut the entry of the ruling. approved by the Office of Management Greens Promotion and Information and Budget (OMB) under the provisions OrderÐPostponement of Payment of Regulatory Flexibility Act Assessments of the Paperwork Reduction Act of 1995 Pursuant to requirements set forth in (Pub. L. 104–13) and have been assigned AGENCY: Agricultural Marketing Service, the Regulatory Flexibility Act (RFA), OMB number 0581–0103. USDA. AMS has considered the economic After consideration of all relevant ACTION: Final rule. impact of this action on small entities. matter presented, including the The purpose of the RFA is to fit information and recommendations SUMMARY: This final rule establishes a regulatory actions to the scale of submitted by the Committee and other rules and regulations subpart under the business subject to such actions in order available information, it is hereby found Fresh Cut Flowers and Fresh Cut Greens that small businesses will not be unduly that this rule, as hereinafter set forth, Promotion and Information Order or disproportionately burdened. will tend to effectuate the declared (Order). The Order is authorized under Only those wholesale handlers, retail policy of the Act. the Fresh Cut Flowers and Fresh Cut distribution centers, producers, and List of Subjects in 7 CFR Part 929 Greens Promotion and Information Act importers who have annual sales of of 1993. This rule implements a $750,000 or more of cut flowers and Marketing agreements, Cranberries, provision of the Order concerning the greens and who sell those products to Reporting and recordkeeping postponement of the payment of exempt handlers, retailers, or consumers requirements. assessments. This action establishes are considered qualified handlers and Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30499 assessed under the Order. There are for a request for the postponement of granted and has revised the procedures approximately 900 wholesaler handlers, assessments to be granted, the requester accordingly. 150 importers, and 200 domestic should comply with the following: (1) In addition, the Council commented producers who are qualified handlers. Submit a written opinion from a that it should not be required to audit The majority of these qualified Certified Public Accountant stating that a qualified handler who has gone handlers would be classified as small the handler making the request is through the postponement process. businesses. Small agricultural service insolvent or will be unable to continue Section 1208.71 of the Order requires firms have been defined by the Small to operate if the handler is required to qualified handlers to maintain and make Business Administration [13 CFR pay the assessment when due and (2) records available for inspection by 121.601] as those having annual receipts submit copies of the last three (3) years’ agents of the Council or the Secretary. of less than $5 million. Statistics federal tax returns. The Council stated The Department believes that an audit reported by the National Agricultural that these two requirements are needed of the books of the qualified handler Statistics Service show that 1994 sales to verify that the qualified handler is requesting the postponement of the at wholesale of domestic cut flowers financially unable to make the payment payment of assessments may be and greens total approximately $559.6 of the assessments due and that the necessary in order to verify any million while the value of imports postponement of payment, if granted, information provided and, if necessary, during 1994 was approximately $382 complies with the requirements set forth pursue collection of past-due million. The leading States in the in the Order. In addition, the requester assessments. Therefore, the Department United States producing cut flowers and should submit to the Council a disagrees with this comment. greens, by wholesale value, are completed application form The Council further commented that California, which produces (‘‘Application for Postponement of the number of extensions for the approximately 49 percent of the Payment of PromoFlor Assessments’’). postponement of the payment of domestic crop, followed by Florida, A proposed rule regarding the assessments be limited to one. The Colorado, and Hawaii. Major countries Council’s recommendation was second commentor stated that the exporting cut flowers and greens into published in the Federal Register on postponement should be open ended. the United States, by value, are November 27, 1995 [60 FR 58253]. That He commented that the business should Colombia, which accounts for rule contained a proposed new subpart not have to pay until it recovers or goes approximately 60 percent, followed by for rules and regulations under the bankrupt. The Netherlands, Mexico, and Costa Order. In addition, it proposed the The Department agrees that the Rica. establishment of procedures for the postponement of the payment of The Act and the Order provide for the postponement of the payment of assessments should not be indefinite. It postponement of assessments. This rule assessments to the Council. is the purpose of these procedures to establishes procedures for the The deadline for comments on the bring qualified handlers into postponement of the payment of proposed rule was January 26, 1996. compliance as soon as practicable after assessments to the Council, which Two comments were received. One giving them the opportunity to recover lessens the regulatory impact of the comment was received from the from a financial difficulty. Accordingly, Order on large and small businesses Council, and another comment was the comment recommending that the alike. Therefore, AMS has determined received from a greenhouse operator. postponement period be open ended is that this rule will not have a significant The Council commented that the denied, and the Council’s comment on economic impact on a substantial proposal did not address the limiting extensions of the postponement number of small entities. consequences if a qualified handler does periods is granted. not meet the 30-day deadline for The proposal has been revised to state Paperwork Reduction Act requesting the postponement of the that one extension of the postponement In accordance with the Paperwork payment of assessments. The Council of the payment of assessments may be Reduction Act of 1995 [44 U.S.C. stated that it should not be required to granted covering the same period Chapter 35], the information collection consider requests that are made after the previously requested. The extension of requirements contained in the Order deadline. However, the rule already the postponement may not exceed six have been approved by the Office of states that, for a request for (6) months. If an individual requests Management and Budget (OMB) under postponement of assessments to be that another period be postponed, that OMB number 0581–0093 and have an granted, the request must be in writing person must file another application for expiration date of January 31, 1997. no later than 30 days after the the postponement of the payment of assessments were due. Therefore, the assessments of the second period. The Background Council can not consider any late qualified handler may request the The Act authorized the Secretary of requests. postponement of the payment of Agriculture (Secretary) to establish a The Council also commented that the assessments for a maximum of two national cut flowers and greens qualified handler should be required to periods only. Each period postponed promotion and consumer information complete and sign a handler report for could include a maximum of six (6) program. The program is funded by an each month the assessments are owed or months. The payment of assessments for assessment of 1⁄2 percent of gross sales to list sales and assessments due for the second period of postponement, if of cut flowers and greens which is each month in the form of a signed granted, may not be extended. The levied on qualified handlers. The statement. The second commentor also payment period must not exceed the program is administered by the National commented that the reporting length of the postponement period. The PromoFlor Council (Council) under the requirement needs to be met so that the payment period for the total supervision of the Department of Council can track what is owed. The assessments due, when an extension Agriculture (Department). Section Department agrees that the qualified and a second period are granted, must 1208.55 of the Order provides for the handler should file a qualified handler begin within one (1) year after the first postponement of assessments. report for each month assessments are postponed month’s assessments were The Council met on September 11, due even though the postponement of originally due. However, these 1995, and recommended that, in order the payment of assessment has been procedures are not intended to be 30500 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations retroactive for those individuals who the payment of assessments is requested the payment of assessments due on cut requested postponement of the payment may not exceed six (6) months. If the flowers and greens handled during the of assessments before this rule becomes postponement is granted, the qualified months of January through June 1997, effective. handler will be exempt from paying the request for the postponement must The Council will have the right to assessments beginning with the first be filed with the Council’s office no audit the records of those requesting an month for which the request for later than April 30, 1997. April 30 is 30 extension or those requesting more than postponement is filed with the Council days after the assessments on cut one postponement period to verify the and for no more than six (6) months flowers and greens handled during validity of the request(s). If it is unless an extension is requested and January 1997 would be due (March 31, determined that the qualified handler is granted by the Council. Only one 1997). If the request is granted, the capable of meeting the obligations of extension may be granted for the handler would not have to pay payment of assessments, the qualified postponement period. The qualified assessments to the Council in the handler will be given the opportunity to handler will be required to file monthly months of March through August 1997. start paying the assessments. If the reports during the postponement period The first payment on handlings during qualified handler refuses to pay the and any extension. The handler must January through June 1997 would be assessments due, the Council will refer provide a reason for the request as well due no later than September 30, 1997. the debt to the Department for collection as detailed information concerning the Payments would be made pursuant to a after notifying the qualified handler. handler’s name, address, telephone and schedule agreed upon between the The second commentor stated that the fax numbers, the month(s) for which the handler and the Council. requirements for requesting the request is made, the amount of If the same handler wants to extend postponement of the payment of assessments due or gross sales per the postponement period for an assessments should be simple, such as month, the percent or amount of the additional six (6) months, the request an officer of the company certifying that outstanding debt to be paid by month must be submitted to the Council’s the company is not able to meet the after the postponement of payment is office no later than the date the first terms of the payment of his vendors and granted, and the starting and ending payment was due or, in this case, no that dividends are not being paid. Such date for the payment. later than September 30, 1997. If the statement could be provided by a The request must be made no later extension is granted, the deadline for Certified Public Accountant. than 30 days after the first month’s the first payment of the assessments on The Department believes that the assessment of the requested January through June 1997 handlings procedures established by this final rule postponement period is due. would be on March 31, 1998. Therefore, are reasonable and are not burdensome Applications postmarked after the 30- in March 1998, the qualified handler to a qualified handler that requests a day deadline will not be considered by would be required to pay (1) the agreed postponement of the payment of the Council. In addition, after the upon amount of the assessments due on assessments. Therefore, this comment is postponement period has concluded, cut flowers and greens handled in denied. the handler must pay the percentage or January 1997 as well as (2) the total In addition, the second commentor amount of the outstanding assessments amount due in March 1998 for cut stated that the Department should agreed upon each month as well as any flowers and greens handled in January address producers’ financial hardship other assessments which are due. 1998. due to imports of certain flowers. Assessments due after the initial If the qualified handler also wants to Although this issue may be cause of postponement period is over will not be postpone the assessments due on cut concern to certain producers and postponed further unless an extension flowers and greens handled during the handlers, it is not relevant to this of time to pay such assessment is months of July through December 1997, rulemaking. granted. If an extension of time is the handler must make that request no In addition, to the changes described requested, new documentation must be later than October 31, 1997, the date 30 above, the Department has made a few provided for the Council to determine days after the assessments on cut editorial changes to the proposal in whether to grant the request. The same flowers and greens handled in July 1997 order to simplify the regulatory text. procedures used for the initial would be due. If the request is granted, This final rule provides the following: postponement request must be followed the deadline for the first payment of the Section 1208.100 will provide that the in requesting an extension. The assessments on cut flowers and greens definitions for this subpart are the same extension may not exceed six (6) handled in July through December 1997 as those prescribed in § 1208.1 through months. In addition, a qualified handler would be March 31, 1998. And, during 1208.24 of the Order. may request a second period of March 1998, the handler would be Section 1208.150 will provide for the postponement of the payment of the required to pay (1) at least 50 percent of postponement of the payment of assessments of no more than six (6) the assessments on cut flowers and assessments under certain months. The same procedures followed greens handled in January 1997; (2) the circumstances. Section 1208.55 of the for requesting the first postponement entire assessments due on cut flowers Order states that ‘‘The Council may period must be used. However, the and greens handled in July 1997; and (3) grant a postponement of an assessment second postponement period may not be the total assessments due for cut flowers under this subpart for any qualified extended. The qualified handler may and greens handled in January 1998. handler that establishes that it is request the postponement of the The Council may conduct an audit of financially unable to make the payment payment of the assessments for a the qualified handler’s books and ** *’’ In addition, the Order maximum of two periods only. No records at any time to determine establishes that the Council shall additional postponements would be whether the qualified handler will be develop forms and procedures for a considered by the Council until the unable to continue to operate if the qualified handler to request and for the assessments owed for the first two handler is required to pay the Council to grant the postponement of periods have been paid. assessments when due. the payment of assessments. The following example will serve to Any late payment will make the Under these regulations, the period further explain and clarify this rule. If postponement null and all assessments for which the initial postponement of a qualified handler wants to postpone due will need to be paid in their entirety Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30501 at that time. In addition, the Council Assessments postponement of the assessment for the agrees to forgo any late fee charges and second period using the same procedure interest for the duration of the § 1208.150 Procedures for postponement which was followed in requesting the of collections. postponement of the payment of first postponement. A qualified handler assessments. (a) For a request for postponement of may request the postponement of the After consideration of all relevant the payment of assessments to be payment of assessments for a maximum material presented, it is found that this granted, the qualified handler of two periods of up to six (6) months regulation, as set forth herein, tends to requesting such postponement must: each. The payment applicable to the effectuate the declared policy of the Act. Submit a written opinion from a second postponement period, if granted, Certified Public Accountant stating that Pursuant to 5 U.S.C. 553, it is also may not be extended, and the payment the handler making the request is found and determined that good cause period must not exceed the length of the insolvent or will be unable to continue exists for not postponing the effective postponement period. Payment of the to operate if the handler is required to date of this action until 30 days after total assessments due, when an pay the assessments when due; and publication in the Federal Register extension and a second period are submit copies of the handler’s last three because: (1) This rule establishes rules granted, must begin within one (1) year (3) years’ federal tax returns. The and regulations in accordance with the after the first postponed month’s request must be in writing no later than provisions of the Act; (2) the Council assessments were originally due. No 30 days after the assessment for the first has received requests for the additional postponements would be month of the requested postponement postponement of the payment of considered by the Council until the period is due. Applications postmarked assessments and needs rules to assessments owed for the first two after the 30-day due date will not be administer the postponement process; periods have been paid. The Council considered by the Council. The and (3) no useful purpose will be served may conduct an audit of the qualified qualified handler must file handler in delaying the effective date until 30 handler’s records at any time to reports with the Council for each month days after publication of this final rule. determine whether the qualified handler during the postponement period. The will be unable to continue to operate if List of Subjects in 7 CFR Part 1208 postponement period may not exceed the handler is required to pay the Administrative practice and six (6) months unless an extension is assessments due. In the event that procedure, Advertising, Consumer requested and granted by the Council. postponed assessments are not paid information, Marketing agreements, Cut Only one extension of up to six (6) when due, the Council can demand that flowers, Cut greens, Promotion, months may be granted. Within the all such assessments due be paid in Reporting and recordkeeping postponement period, the qualified their entirety. requirements. handler will be exempt from paying (c) Charges for late payment of assessments beginning with the first For the reasons set forth in the assessments as described in § 1208.52 month for which the request for will not be imposed on assessments for preamble, 7 CFR Part 1208 is amended postponement is filed with the Council as follows: which postponement of payment has and for no more than six (6) months been granted. unless an extension is granted. The PART 1208ÐFRESH CUT FLOWERS same procedures used for the initial Dated: June 7, 1996. AND FRESH CUT GREENS request will be used to grant any Robert C. Keeney, PROMOTION AND INFORMATION extension. The written request must Director, Fruit and Vegetable Division. ORDER specify: [FR Doc. 96–15092 Filed 6–14–96; 8:45 am] 1. The authority citation for 7 CFR (1) a reason for the request; BILLING CODE 3410±02±P Part 1208 continues to read as follows: (2) detailed information concerning the qualified handler’s name, address, Authority: 7 U.S.C. 6801 et seq. and telephone and fax numbers; DEPARTMENT OF TRANSPORTATION 2. In Part 1208 a new Subpart B is (3) the month(s) for which the request added to read as follows: is made; Federal Aviation Administration (4) assessments due per month or Subpart BÐRules and Regulations gross sales per month; 14 CFR Part 39 Definitions (5) total assessments due; [Docket No. 93±CE±54±AD; Amendment 39± Sec. (6) the percent or amount of the 9665; AD 96±12± 22] 1208.100 Terms defined. outstanding assessment to be paid each month after the postponement of RIN 2120±AA64 Assessments payment is granted; and 1208.150 Procedures for postponement of (7) the starting and ending date for the Airworthiness Directives; Cessna assessments. payment of assessments due. Aircraft Company Engine Oil Filter (b) At the end of the postponement Adapter Assemblies Installed on Subpart BÐRules and Regulations period, the qualified handler must pay Aircraft Definitions the percent or amount outstanding of AGENCY: Federal Aviation assessments agreed upon each month as Administration, DOT. § 1208.100 Terms defined. well as any other assessments which are ACTION: Final rule. Unless otherwise defined in this due. An extension of time for payment subpart, definitions or terms used in of postponed assessments, if granted, SUMMARY: This amendment adopts a this subpart shall have the same will be for the same months previously new airworthiness directive (AD) that meaning as the definitions of such terms requested and granted. The extension applies to Cessna Aircraft Company which appear in Subpart A—Fresh Cut must not exceed six (6) months. If a (Cessna) engine oil filter adapter Flowers and Fresh Cut Greens qualified handler requests that another assemblies installed on aircraft. This Promotion and Information Order of this period be postponed, that handler must action requires inspecting the oil filter part. file another application for the and adapter assembly (or torque putty, 30502 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations if installed) for oil leakage and proper proposal that was published in the ‘‘significant regulatory action’’ under installation of the adapter retaining nut Federal Register on September 19, 1994 Executive Order 12866; (2) is not a and fretting of associated threads (59 FR 47821). ‘‘significant rule’’ under DOT (security), and replacing any oil filter Reports of loose or separated engine Regulatory Policies and Procedures (44 adapter assembly with security oil filter adapters on several airplanes FR 11034, February 26, 1979); and (3) problems; applying torque putty prompted the proposal. will not have a significant economic between the engine filter adapter Interested persons have been afforded impact, positive or negative, on a assembly, nut, and oil pump housing an opportunity to participate in the substantial number of small entities (unless already equipped with torque making of this amendment. No under the criteria of the Regulatory putty); and repetitively inspecting the comments were received on the Flexibility Act. A copy of the final torque putty for misalignment, evidence proposed rule or the FAA’s evaluation prepared for this action is of oil leakage, or torque putty cracks, determination of the cost to the public. contained in the Rules Docket. A copy and reinspecting the oil filter and After careful review of all available of it may be obtained by contacting the adapter assembly threads if information related to the subject Rules Docket at the location provided misalignment, evidence of oil leakage, presented above, the FAA has under the caption ADDRESSES. or torque putty cracks are found. determined that air safety and the Reports of loose or separated engine oil public interest require the adoption of List of Subjects in 14 CFR Part 39 filter adapters on several airplanes the rule as proposed except for minor Air transportation, Aircraft, Aviation prompted this action. The actions editorial corrections. The FAA has safety, Safety. specified by this AD are intended to determined that these minor corrections Adoption of the Amendment prevent loss of engine oil caused by will not change the meaning of the AD loose or separated oil filter adapters, and will not add any additional burden Accordingly, pursuant to the which, if not detected and corrected, upon the public than was already authority delegated to me by the could result in engine stoppage while in proposed. Administrator, the Federal Aviation Administration amends part 39 of the flight and loss of control of the airplane. Cost Impact EFFECTIVE DATE: July 31, 1996. Federal Aviation Regulations (14 CFR The FAA estimates that 70,000 ADDRESSES: Information that applies to part 39) as follows: airplanes in the U.S. registry incorporate this AD may be examined at the Federal one of the affected engine oil filter PART 39ÐAIRWORTHINESS Aviation Administration (FAA), Central adapter assemblies and will, therefore, DIRECTIVES Region, Office of the Assistant Chief be affected by this AD; that it will take Counsel, Attention: Rules Docket 93– 1. The authority citation for part 39 approximately 1 workhour per airplane CE–54–AD, Room 1558, 601 E. 12th continues to read as follows: to accomplish the initial inspection and Street, Kansas City, Missouri 64106. torque putty application; and that the Authority: 49 USC 106(g), 40113, 44701. FOR FURTHER INFORMATION CONTACT: Mr. average labor rate is approximately $60 § 39.13 [Amended] Paul O. Pendleton, Aerospace Engineer, an hour. Based on these figures, the total 2. Section 39.13 is amended by FAA, Wichita Aircraft Certification cost impact of this AD on U.S. operators adding a new airworthiness directive Office, 1801 Airport Road, Room 100, is estimated to be $4,200,000. This Wichita, Kansas 67209; telephone (316) (AD) to read as follows: figure is based on the assumption that 946–4143; facsimile (316) 946–4407. no operator has accomplished the initial 96–12–22 Cessna Aircraft Company: SUPPLEMENTARY INFORMATION: inspection, and does not take into Amendment 39–9665; Docket No. 93– CE–54–AD. Events Leading to the AD account the cost for the repetitive inspections. Since the pilot is allowed Applicability: Cessna Engine Oil Filter A proposal to amend part 39 of the Adapters Assemblies, part numbers to repetitively inspect the torque putty, 0450404–(all dash numbers), 0556004–(all Federal Aviation Regulations (14 CFR the only cost of the repetitive part 39) to include an AD that would dash numbers), 0556010–(all dash numbers), inspections is the time incurred by the 0756023–(all dash numbers), 0756024–(all apply to airplanes of any type design pilot and the cost of an inspection dash numbers), 1250403–(all dash numbers), that utilize any Cessna engine oil filter required if misalignment, evidence of 1250417–(all dash numbers), 1250418–(all adapter was published in the Federal oil leakage, or torque putty cracks are dash numbers), 1250921–(all dash numbers), Register on January 22, 1996 (61 FR found. The FAA has no way of and 1250922–(all dash numbers), installed 1534). The action proposed to require determining how many repetitive on, but not limited to, the following: (1) inspecting the oil filter and adapter inspections each individual operator (1) Cessna Models 100, 200, 300, and 400 Series airplanes (all serial numbers), assembly (or torque putty, if installed) will incur over the life of the airplane. for oil leakage and proper installation of certificated in any category, that are the adapter retaining nut and fretting of Regulatory Impact equipped with at least one Teledyne Continental Motors (TCM) engine. associated threads (security), and The regulations adopted herein will (2) Airplanes that have an affected full flow replacing any oil filter adapter assembly not have substantial direct effects on the engine oil adapter installed by field approval, with security problems; (2) applying States, on the relationship between the including, but not limited to, the following torque putty between the engine filter national government and the States, or model or series airplanes, certificated in any adapter assembly, nut, and oil pump on the distribution of power and category: housing (unless already equipped with responsibilities among the various torque putty); and (3) repetitively levels of government. Therefore, in Manufacturer Series/models inspecting the torque putty for accordance with Executive Order 12612, misalignment, evidence of oil leakage, Rockwell/Aero Com- 200 Series. it is determined that this final rule does mander/Meyers. or torque putty cracks, and reinspecting not have sufficient federalism Twin Commander ...... Models 500A and the oil filter and adapter assembly implications to warrant the preparation 685. threads if misalignment, evidence of oil of a Federalism Assessment. Beech ...... 33, 35, 36, and 55 leakage, or torque putty cracks are For the reasons discussed above, I Series. found. This proposal revised a previous certify that this action (1) is not a Piper ...... PA46 Series. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30503

Manufacturer Series/models requirements of this AD is affected, the (a) For airplanes with engine oil filter owner/operator must request approval for an adapter assemblies that do not have torque Navion ...... Rangemaster 17 Se- alternative method of compliance in putty between the engine filter adapter ries. accordance with paragraph (f) of this AD. The assembly, nut, and oil pump housing, Wren ...... Model 460. request should include an assessment of the accomplish the following: Bellanca ...... 260 and 300 Series. effect of the modification, alteration, or repair (1) Inspect the adapter locking nut on the unsafe condition addressed by this installation for evidence of oil leakage. (3) Airplanes equipped with any of the AD; and, if the unsafe condition has not been (2) Check the torque of the adapter nut following Teledyne Continental Motors eliminated, the request should include installation and ensure that the torque value model or model series engines: specific proposed actions to address it. is within the limits of 50 through 60 foot O–200 Note 2: This AD does not apply to engine pounds. TSIO–470 oil filter adapter assemblies manufactured by (3) If evidence of oil leakage is found or the TSIO–520 Teledyne Continental Motors (See Figure 1 of torque is not within the 50 through 60-foot TSIO–550 this AD). Compliance: Required initially as pound limit, prior to further flight, remove O–470 specified in both of the following, and the adapter and filter assembly, and: O–520 thereafter as indicated in the body of this AD: (i) Inspect the threads of the adapter GTSIO–520 1. Within the next 100 hours time-in- assembly and engine for signs of damaged or IO–470 service (TIS) after the effective date of this cracked threads; and IO–520 AD or when the engine oil filter is removed, (ii) Replace any adapter assembly and IO–550 whichever occurs first; and engine oil pump housing (if necessary) that Note 1: This AD applies to each airplane 2. Every time the engine oil filter is have evidence of thread damage or cracks. identified in the preceding applicability removed. (4) Apply torque putty between the engine provision, regardless of whether it has been To prevent loss of engine oil caused by filter adapter assembly, nut, and oil pump modified, altered, or repaired in the area loose or separated oil filter adapters, which housing as specified in Figure 1 of this AD. subject to the requirements of this AD. For could result in engine stoppage while in (5) Reassemble the engine oil filter airplanes that have been modified, altered, or flight and loss of control of the airplane, assembly. repaired so that the performance of the accomplish the following: BILLING CODE 4910±13±V 30504 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

BILLING CODE 4910±13±C Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30505

(b) For airplanes with torque putty between 14 CFR Part 39 Correction of Publication the engine filter adapter assembly, nut, and Accordingly, the publication of May [Docket No. 96±CE±05±AD; Amendment 39± oil pump housing, inspect the torque putty 7, 1996 (61 FR 20641), of Amendment for misalignment, evidence of oil leakage, or 9591; AD 96±09±15] 39–9591; AD 96–09–15, which was the cracks. RIN 2120±AA64 subject of FR Doc. 96–10729, is (1) If any misalignment, evidence of oil corrected as follows: leakage, or torque putty cracks are found, Airworthiness Directives; Cessna prior to further flight, accomplish the Aircraft Company Models 208 and § 39.13 [Corrected] requirements specified in paragraph (a) of 208B Airplanes On page 20642, in the third column, this AD, including all subparagraphs. section 39.13, paragraph (a) (1), line 17 (2) If no misalignment, evidence of oil AGENCY: Federal Aviation from the top of the column, disregard leakage, or torque putty cracks are found, Administration, DOT. and delete ‘‘-Accumulation of ice on the reinspect at intervals not to exceed 100 hours ACTION: Final rule; correction. engine propeller spinner * * *’’. TIS until the engine oil filter is removed. Action is taken herein to clarify this (c) Replacing the engine oil filter adapter SUMMARY: This action makes a requirement of AD 96–09–15 and to add assembly does not eliminate the repetitive correction to Airworthiness Directive this AD correction to section 39.13 of inspection requirement of this AD. (AD) 96–09–15 concerning all Cessna the Federal Aviation Regulations (14 (d) The repetitive inspections of the torque Aircraft Company (Cessna) Models 208 CFR 39.13). putty as required by this AD may be and 208B airplanes, which was performed by the owner/operator holding at published in the Federal Register on The effective date remains June 11, 1996. least a private pilot certificate as authorized May 7, 1996 (61 FR 20641). That Issued in Kansas City, Missouri on June 10, 1996. by section 43.7 of the Federal Aviation publication incorrectly references a cue Regulations (14 CFR 43.7), and must be for the pilot or crew member in severe Henry A. Armstrong, entered into the aircraft records showing icing conditions. The AD currently Acting Manager, Small Airplane Directorate, compliance with this AD in accordance with requires the pilot to follow certain Aircraft Certification Service. section 43.11 of the Federal Aviation visual cues during flight in icing [FR Doc. 96–15139 Filed 6–14–96; 8:45 am] Regulations (14 CFR 43.11). conditions and the third of these cues BILLING CODE 4910±13±P (e) Special flight permits may be issued in requires the pilot to look at the engine accordance with sections 21.197 and 21.199 propeller spinner. This cue is of the Federal Aviation Regulations (14 CFR inappropriate for this type of airplane. 14 CFR Part 39 21.197 and 21.199) to operate the airplane to The intent of the AD in paragraph (a) [Docket No. 93±CE±34±AD; Amendment 39± a location where the requirements of this AD (1), first bullet, third cue, should not be 9670; AD 96±13±02] can be accomplished. a requirement for the Cessna Models RIN 2120±AA64 (f) An alternative method of compliance or 208 and 208B. This action corrects the adjustment of the initial or repetitive AD to reflect this change. compliance time that provides an equivalent Airworthiness Directives; Jetstream level of safety may be approved by the EFFECTIVE DATE: June 11, 1996. Aircraft Limited (Formerly British Manager, Wichita Aircraft Certification Office FOR FURTHER INFORMATION CONTACT: Mr. Aerospace, Regional Airlines Limited) (ACO), 1801 Airport Road, Room 100, Mid- John Dow, Aerospace Engineer, FAA, Jetstream Model 3201 Airplanes Continent Airport, Wichita, Kansas 67209. Small Airplane Directorate, 1201 AGENCY: Federal Aviation The request shall be forwarded through an Walnut, suite 900, Kansas City, Missouri Administration, DOT. appropriate FAA Maintenance Inspector, 64106; telephone (816) 426–6934; ACTION: Final rule. who may add comments and then send it to facsimile (816) 426–2169. the Manager, Wichita ACO. SUPPLEMENTARY INFORMATION: On May 7, SUMMARY: This amendment adopts a Note 4: Information concerning the 1996, the Federal Aviation new airworthiness directive (AD) that existence of approved alternative methods of Administration (FAA) issued AD 96– applies to certain Jetstream Aircraft compliance with this AD, if any, may be 09–15, Amendment 39–9591 (61 FR Limited (JAL) Jetstream Model 3201 obtained from the Wichita ACO. 20641, May 7, 1996), which applies to airplanes. This action requires (g) Information related to this AD may be all Cessna Models 208 and 208B repetitively inspecting the spigot examined at the FAA, Central Region, Office airplanes. This AD requires a revision in housing plate for cracks and corrosion at of the Assistant Chief Counsel, Room 1558, the Airplane Flight Manual (AFM) by the wing/fuselage forward attachment 601 E. 12th Street, Kansas City, Missouri incorporating a warning into the sliding joint, replacing any cracked or 64106. Limitations Section of the AFM. Within corroded part, and eventually replacing (h) This amendment (39–9665) becomes this warning (in the first bulleted the spigots and spigot housing plate effective on July 31, 1996. paragraph) are cues for the pilot to with new parts of improved design. A Issued in Kansas City, Missouri, on June 3, follow during flight in severe icing crack in the spigot housing plate 1996. conditions. The third cue references assembly found during fatigue testing of Henry A. Armstrong, accumulation of ice on the engine the affected airplanes prompted this propeller spinner. action. The actions specified by this AD Acting Manager, Small Airplane Directorate, are intended to prevent structural Aircraft Certification Service. Need for the Correction failure of the wing/fuselage area caused [FR Doc. 96–14631 Filed 6–14–96; 8:45 am] The AD incorrectly references the by a cracked or corroded spigot housing BILLING CODE 4910±13±U ‘‘* * * engines propeller spinner assembly. ** *’’ which is not appropriate for the DATES: Effective August 7, 1996. type design of these Cessna Models 208 The incorporation by reference of and 208B airplanes. These airplanes are certain publications listed in the single engine designs which would not regulations is approved by the Director allow the pilot to see the engine of the Federal Register as of August 7, propeller spinner from the cockpit. 1996. 30506 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

ADDRESSES: Service information that determined that air safety and the of it may be obtained by contacting the applies to this AD may be obtained from public interest require the adoption of Rules Docket at the location provided Jetstream Aircraft Limited, Prestwick the rule as proposed except for minor under the caption ADDRESSES. International Airport, Ayrshire, KA9 editorial corrections. The FAA has List of Subjects in 14 CFR Part 39 2RW, Scotland, telephone (44–292) determined that these minor corrections 79888; facsimile (44–292) 79703; or will not change the meaning of the AD Air transportation, Aircraft, Aviation Jetstream Aircraft Inc., Librarian, P.O. and will not add any additional burden safety, Incorporation by reference, Box 16029, Dulles International Airport, upon the public than was already Safety. Washington, D.C. 20041–6029; proposed. Adoption of the Amendment telephone (703) 406–1161; facsimile Cost Impact (703) 406–1469. This information may Accordingly, pursuant to the also be examined at the Federal The FAA estimates that 120 airplanes authority delegated to me by the Aviation Administration (FAA), Central in the U.S. registry will be affected by Administrator, the Federal Aviation Region, Office of the Assistant Chief this AD, that it will take approximately Administration amends part 39 of the Counsel, Attention: Rules Docket 93– 23 workhours per airplane to Federal Aviation Regulations (14 CFR CE–34–AD, Room 1558, 601 E. 12th accomplish the initial inspection and part 39) as follows: Street, Kansas City, Missouri 64106; or modification, and that the average labor rate is approximately $60 an hour. JAL PART 39ÐAIRWORTHINESS at the Office of the Federal Register, 800 DIRECTIVES North Capitol Street, NW., suite 700, will provide parts at no cost to the Washington, DC. owner/operator. Based on these figures, 1. The authority citation for part 39 the total cost impact of this AD on U.S. FOR FURTHER INFORMATION CONTACT: Ms. continues to read as follows: operators is estimated to be $165,600 or Dorenda Baker, Program Manager, $1,380 per airplane. This figure is based Authority: 49 U.S.C. 106(g), 40113, 44701. Brussels Aircraft Certification Office, on the assumption that none of the FAA, Europe, Africa, and Middle East § 39.13 [Amended] affected airplanes have the required 2. Section 39.13 is amended by Office, c/o American Embassy, B–1000 modification incorporated and does not Brussels, Belgium; telephone (32 2) adding a new airworthiness directive take into account the cost of repetitive (AD) to read as follows: 508.2715; facsimile (32 2) 230.6899; or inspections. The FAA has no way of Mr. Jeffrey Morfitt, Project Officer, determining how many repetitive 96–13–02 Jetstream Aircraft Limited: Small Airplane Directorate, Aircraft inspections each owner/operator will Amendment 39–9670; Docket No. 93– CE–34–AD. Certification Service, FAA, 1201 incur over the life of the airplane. Walnut, suite 900, Kansas City, Missouri Jetstream Aircraft Limited has Applicability: Jetstream Model 3201 64105; telephone (816) 426–6932; airplanes (serial numbers 790 through 960), informed the FAA that parts have been certificated in any category. facsimile (816) 426–2169. distributed to equip approximately 30 Note 1: This AD applies to each airplane SUPPLEMENTARY INFORMATION: airplanes (approximately 25 percent of identified in the preceding applicability the fleet in the U.S. registry). Assuming Events Leading to the AD provision, regardless of whether it has been that each set of parts is installed on an modified, altered, or repaired in the area A proposal to amend part 39 of the affected Jetstream Model 3201 airplane, subject to the requirements of this AD. For Federal Aviation Regulations (14 CFR the cost impact of this AD upon U.S. airplanes that have been modified, altered, or part 39) to include an AD that would operators is reduced $41,400 from repaired so that the performance of the apply to certain JAL Jetstream Model $165,600 to $124,200. requirements of this AD is affected, the 3201 airplanes was published in the owner/operator must request approval for an Federal Register on September 19, 1995 Regulatory Impact alternative method of compliance in The regulations adopted herein will accordance with paragraph (c) of this AD. (60 FR 48429). The action proposed to The request should include an assessment of require repetitively inspecting the spigot not have substantial direct effects on the the effect of the modification, alteration, or housing plate for cracks and corrosion at States, on the relationship between the repair on the unsafe condition addressed by the wing/fuselage forward attachment national government and the States, or this AD; and, if the unsafe condition has not sliding joint, replacing any cracked or on the distribution of power and been eliminated, the request should include corroded part, and eventually replacing responsibilities among the various specific proposed actions to address it. the spigots and spigot housing plate levels of government. Therefore, in Compliance: Required as indicated after with new parts of improved design. accordance with Executive Order 12612, the effective date of this AD, unless already Accomplishment of the proposed it is determined that this final rule does accomplished. actions would be in accordance with not have sufficient federalism To prevent structural failure of the wing/ implications to warrant the preparation fuselage area caused by a cracked spigot Jetstream Service Bulletin No. 57–JA housing assembly, accomplish the following: 921144, Revision 1, dated April 19, of a Federalism Assessment. (a) Upon the accumulation of 7,200 hours 1994. For the reasons discussed above, I time-in-service (TIS) or within the next 500 A crack in the spigot housing plate certify that this action (1) is not a hours TIS after the effective date of this AD, assembly found during fatigue testing of ‘‘significant regulatory action’’ under whichever occurs later, inspect the spigot the affected airplanes prompted this Executive Order 12866; (2) is not a housing plate at the wing/fuselage forward action. ‘‘significant rule’’ under DOT attachment sliding joint for corrosion or Interested persons have been afforded Regulatory Policies and Procedures (44 cracks. Accomplish this inspection in an opportunity to participate in the FR 11034, February 26, 1979); and (3) accordance with Part 1 of the making of this amendment. No will not have a significant economic ACCOMPLISHMENT INSTRUCTIONS comments were received on the impact, positive or negative, on a section of Jetstream Service Bulletin (SB) No. 57–JA 921144, Revision 1, dated April 19, proposed rule or the FAA’s substantial number of small entities 1994; or Jetstream SB No. 57–JA 921144, determination of the cost to the public. under the criteria of the Regulatory Original Issue, dated March 4, 1993. After careful review of all available Flexibility Act. A copy of the final (1) If any corrosion or cracks are found, information related to the subject evaluation prepared for this action is prior to further flight, modify the spigot and presented above, the FAA has contained in the Rules Docket. A copy spigot housing plate in accordance with Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30507 either Part 2 or Part 3, as applicable, of the 14 CFR Part 71 Part 71) amends the Class E airspace ACCOMPLISHMENT INSTRUCTIONS areas at the airports listed in the [Airspace Docket No. 96±ACE±3] section of Jetstream SB No. 57–JA 921144, SUMMARY, by providing additional Revision 1, dated April 19, 1994. Amendment to Class E Airspace; controlled airspace for aircraft executing (2) If no corrosion or cracks are found, the new SIAPs. A minor correction is within the next 3,000 hours TIS after the Topeka, KS; Kingman, KS; Hutchinson, inspection required by paragraph (a) of this KS; and Wahoo, NE being made to the geographical AD, modify the spigot and spigot housing coordinates for Topeka, Philip Billard plate in accordance with either Part 2 or Part AGENCY: Federal Aviation Municipal Airport, KS. 3, as applicable, of the ACCOMPLISHMENT Administration [FAA], DOT. The FAA has determined that this INSTRUCTIONS section of Jetstream SB No. ACTION: Final rule. regulation only involves an established 57–JA 921144, Revision 1, dated April 19, body of technical regulations for which 1994. SUMMARY: This amendment modifies the frequent and routine amendments are (3) Jetstream No. SB 57–JA 921144, Class E airspace area at Philip Billard necessary to keep them operationally Original Issue, dated March 4, 1993, is not Municipal Airport, Topeka, KS; current. Therefore, this regulation (1) is applicable to this modification and shall not Kingman Municipal Airport, Kingman, not a ‘‘significant regulatory action’’ be utilized to accomplish either paragraph KS; Hutchinson Municipal Airport, under Executive Order 12866; (2) is not (a)(1) or (a)(2) of this AD. Hutchinson, KS; and Wahoo Municipal a ‘‘significant rule’’ under DOT (b) Special flight permits may be issued in Airport, Wahoo, NE. The development accordance with sections 21.197 and 21.199 Regulatory Policies and Procedures (44 of new Standard Instrument Approach FR 11034; February 26, 1979); and (3) of the Federal Aviation Regulations (14 CFR Procedures (SIAP) based on the Global does not warrant preparation of a 21.197 and 21.199) to operate the airplane to Positioning System (GPS) has made the a location where the requirements of this AD Regulatory Evaluation as the anticipated proposal necessary. The intended effect can be accomplished. impact is so minimal. Since this is a of this proposal is to provide additional (c) An alternative method of compliance or routine matter that will only affect air controlled airspace for aircraft executing adjustment of the initial or repetitive traffic procedures and air navigation, it the SIAPs at the above listed airports. compliance times that provides an equivalent is certified that this rule will not have level of safety may be approved by the EFFECTIVE DATE: 0901 UTC August 15, a significant economic impact on a Manager, Brussels Aircraft Certification 1996. Office (ACO), Europe, Africa, Middle East substantial number of small entities FOR FURTHER INFORMATION CONTACT: office, FAA, c/o American Embassy, 1000 under the criteria of the Regulatory Brussels, Belgium. The request should be Kathy Randolph, Air Traffic Operations Flexibility Act. forwarded through an appropriate FAA Branch, ACE–530C, Federal Aviation Maintenance Inspector, who may add Administration, 601 E. 12th St., Kansas List of Subjects in 14 CFR Part 71 comments and then send it to the Manager, City, MO, 64106; telephone (816) 426– Aviation, Incorporation by reference, Brussels ACO. 3408. Navigation (air). Note 2: Information concerning the SUPPLEMENTARY INFORMATION: existence of approved alternative methods of Adoption of the Amendment compliance with this AD, if any, may be History In consideration of the foregoing, the obtained from the Brussels ACO. On April 9, 1996, the FAA proposed Federal Aviation Administration (d) The inspection required by this AD to amend Part 71 of the Federal Aviation amends 14 CFR Part 71 as follows: shall be done in accordance with Jetstream Regulations (14 CFR Part 71) by Service Bulletin No. 57–JA 921144, Revision modifying the Class E airspace area at PART 71Ð[AMENDED] 1, dated April 19, 1994; or Jetstream Service Bulletin No. 57–JA 921144, Original Issue, Topeka, KS; Kingman, KS; Hutchinson, 1. The authority citation for Part 71 dated March 4, 1993. The modification KS; and Wahoo, NE (61 FR 15740). The continues to read as follows: required by this AD shall be done in proposed action would provide additional controlled airspace to Authority: 49 U.S.C. 106(g); 40103, 40113, accordance with Jetstream Service Bulletin 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– No. 57–JA 921144, Revision 1, dated April accommodate the new SIAP to Philip 1963 Comp., p. 389; 14 CFR 11.69. 19, 1994. This incorporation by reference was Billard Municipal Airport, Topeka, KS; approved by the Director of the Federal Kingman Municipal Airport, Kingman, § 71.1 [Amended] Register in accordance with 5 U.S.C. 552(a) KS; Hutchinson Municipal Airport, 2. The incorporation by reference in and 1 CFR part 51. Copies may be obtained Hutchinson, KS; and Wahoo Municipal from Jetstream Aircraft Limited, Manager 14 CFR 71.1 of Federal Aviation Airport, Wahoo, NE. Administration Order 7400.9C, Airspace Product Support, Prestwick Airport, Interested parties were invited to Ayrshire, KA9 2RW Scotland; or Jetstream Designations and Reporting Points, Aircraft Inc., Librarian, P.O. Box 16029, participate in this rulemaking dated August 17, 1995, and effective Dulles International Airport, Washington, proceeding by submitting written September 16, 1995, is amended as DC, 20041–6029. Copies may be inspected at comments on the proposal to the FAA. follows: the FAA, Central Region, Office of the No comments objecting to the proposal Assistant Chief Counsel, Room 1558, 601 E. were received. Class E airspace areas Paragraph 6005 Class E airspace areas 12th Street, Kansas City, Missouri, or at the extending from 700 feet or more above extending from 700 feet or more above the Office of the Federal Register, 800 North the surface of the earth are published in surface of the earth. Capitol Street, NW., suite 700, Washington, paragraphs 6005 of FAA Order 7400.9C, * * * * * DC. dated August 17, 1995, and effective ACE KS E5 Topeka, Philip Billard Airport, (e) This amendment (39–9670) becomes September 16, 1995, which is KS effective on August 7, 1996. incorporated by reference in 14 CFR Issued in Kansas City, Missouri, on June Topeka, Philip Billard Municipal Airport, KS 71.1. The Class E airspace designation ° ′ ′′ ° ′ ′′ 10, 1996. (lat. 39 04 07 N., long. 95 37 21 W.) listed in this document will be Topeka VORTAC Henry A. Armstrong, published subsequently in the Order. (lat. 39°08′14′′N., long. 95°32′57′′W.) Acting Manager, Small Airplane Directorate, BILOY LOM/NDB Aircraft Certification Service. The Rule (lat. 39°07′13′′N., long. 95°41′14′′W.) [FR Doc. 96–15141 Filed 6–14–96; 8:45 am] This amendment to Part 71 of the That airspace extending upward from 700 BILLING CODE 4910±13±U Federal Aviation Regulations (14 CFR feet above the surface within a 6.4-mile 30508 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations radius of Philip Billard Municipal Airport, 14 CFR Part 73 (NOTAM) 6 hours in advance.’’ The and within 1.8 miles each side of the 039° FAA, Jacksonville ARTCC is designated [Airspace Docket No. 95±ASO±18] radial of the Topeka VORTAC extending as the controlling agency for R–2103B. from the 6.4-mile radius to 7 miles northeast This change enables the using agency to of the VORTAC, and within 4 miles Subdivision of Restricted Area R±2103, southwest and 7 miles northeast of the Philip Fort Rucker, AL accomplish its mission while improving Billard Municipal Airport ILS localizer the capability to activate only the AGENCY: Federal Aviation minimum amount of restricted airspace course extending from 15 miles southeast of Administration (FAA), DOT. the airport to 12 miles northwest of BILOY necessary for that mission. There is no LOM/NDB. ACTION: Final rule. change to the lateral boundaries or * * * * * SUMMARY: This action subdivides activities conducted in the existing area. This action affects only the internal ACE KS E5 Kingman, KS Restricted Area 2103 (R–2103), Fort Rucker, AL, into two separate areas, to subdivision of an existing restricted area Kingman Municipal Airport, KS and enhances efficient airspace ° ′ ′′ ° ′ ′′ permit more efficient use of the (lat. 37 40 00 N., long. 98 07 22 W.) utilization. Therefore, I find that notice Hutchinson VORTAC airspace. R–2103A is designated from (lat. 37°59′49′′N., long. 97°56′03′′W.) the surface to but not including 10,000 and public procedure under 5 U.S.C. 553(b) are unnecessary since this action That airspace extending upward from 700 feet mean sea level (MSL), and R–2103B feet above the surface within a 6.4-mile is designated from 10,000 feet MSL to is a minor amendment in which the radius of Kingman Municipal Airport, and 15,000 feet MSL. This subdivision of the public would not be particularly within 2.2 miles each side of the 204° radial restricted areas utilize the existing interested. The coordinates for this of Hutchinson VORTAC extending from the lateral boundaries of R–2103. No new airspace docket are based on North 6.4-mile radius to 11.2 miles north of the restricted airspace is established by this American Datum 83. Section 73.21 of airport. action. part 73 of the Federal Aviation * * * * * EFFECTIVE DATE: 0901 UTC, August 15, Regulations was republished in FAA 1996. ACE KS E5 Hutchinson, KS Order 7400.8C dated June 19, 1995. FOR FURTHER INFORMATION CONTACT: Paul Hutchinson Municipal Airport, KS Environmental Review ° ′ ′′ ° ′ ′′ Gallant, Airspace and Rules Division, (lat. 38 03 56 N., long. 97 51 38 W.) ATA–400, Office of Air Traffic Airspace Hutchinson VORTAC This action internally subdivides an (lat. 37°59′49′′N., long. 97°56′03′′W.) Management, Federal Aviation existing restricted area and does not SALTT LOM Administration, 800 Independence affect the lateral boundaries or overall (lat. 38°07′25′′N., long. 97°55′36′′W.) Avenue, SW., Washington, DC 20591; vertical limits of restricted airspace. That airspace extending upward from 700 telephone: (202) 267–8783. There are no changes to air traffic feet above the surface within a 6.6-mile SUPPLEMENTARY INFORMATION: control procedures, routes, or type of radius of Hutchinson Municipal Airport, and The Rule activity conducted within these within 4 miles each side of the Hutchinson boundaries as a result of this ILS localizer northwest course extending to This amendment to 14 CFR part 73 amendment. Therefore, this action is not 16 miles northwest of the SALTT LOM, and subdivides R–2103, Fort Rucker, AL, within 4 miles each side of the ILS localizer subject to environmental assessments into two separate areas to permit more and procedures under FAA Order back course extending from the 6.6-mile efficient utilization of airspace. 1050.1D, ‘‘Policies and Procedures for radius to 7.4 miles southwest of the airport, Currently, R–2103 extends from the and within 4 miles each side of the 042° Considering Environmental Impacts,’’ surface to 15,000 feet MSL, with a time radial of the Hutchinson VORTAC extending and the National Environmental Policy of designation of ‘‘continuous.’’ The from the 6.6-mile radius to 7.4 miles Act. northeast of the airport, and within 4 miles using agency has determined that the each side of the 222° radial of Hutchinson majority of mission activities currently The FAA has determined that this VORTAC extending from the 6.6-mile radius do not require restricted airspace above regulation only involves an established to 11.2 miles southwest of the airport. 10,000 feet MSL. Certain activities, body of technical regulations for which * * * * * however, still require restricted airspace frequent and routine amendments are up to the 15,000 feet MSL ceiling, but necessary to keep them operationally ACE NE E5 Wahoo, NE not on a ‘‘continuous’’ basis. Under the current. It, therefore—(1) is not a Wahoo Municipal Airport, NE current restricted area configuration, ‘‘significant regulatory action’’ under (lat. 41°14′25′N., long 96°35′41′′W.) airspace is restricted up to 15,000 feet Executive Order 12866; (2) is not a Wahoo NDB MSL even when mission activities do ‘‘significant rule’’ under DOT (lat. 41°14′21′′N., long. 96°35′54′′W.) not require airspace above 10,000 feet Regulatory Policies and Procedures (44 That airspace extending upward from 700 MSL. This unnecessarily limits public FR 11034; February 26, 1979); and (3) feet above the surface within a 6.4-mile access to a portion of the airspace. This does not warrant preparation of a radius of the Wahoo Municipal Airport, and amendment will subdivide the existing within 2.6 miles each side of the 032° bearing regulatory evaluation as the anticipated R–2103 as follows: R–2103A is impact is so minimal. Since this is a from the Wahoo NDB extending from the 6.4- designated from the surface to but not routine matter that will only affect air mile radius to 7.4 miles northeast of the including 10,000 feet MSL, and retains airport, excluding that portion which lies traffic procedures and air navigation, it a ‘‘continuous’’ time of designation. within the Fremont, NE, Class E airspace. is certified that this rule will not have Cairns Approach Control, a U.S. Army * * * * * air traffic control facility, is designated a significant economic impact on a Issued in Kansas City, MO on May 29, as the controlling agency for R–2103A, substantial number of small entities 1996. per agreement with the FAA, under the criteria of the Regulatory Herman J. Lyons, Jr., Jacksonville ARTCC. R–2103B is Flexibility Act. Manager, Air Traffic Division, Central Region. designated from 10,000 feet MSL to List of Subjects in 14 CFR Part 73 [FR Doc. 96–15333 Filed 6–14–96; 8:45 am] 15,000 feet MSL, with a time of BILLING CODE 4910±33±M designation of ‘‘By Notice to Airmen Airspace, Navigation (air). Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30509

Adoption of the Amendment being established in the International DEPARTMENT OF ENERGY In consideration of the foregoing, the Trade Administration, and no further Federal Aviation Administration funding is required. Therefore, the Federal Energy Regulatory amends 14 CFR part 73 as follows: United States Travel and Tourism Commission regulations regarding the issuance of PART 73Ð[AMENDED] grants to promote travel to States or 18 CFR Parts 35 and 385 their political subdivisions by foreign 1. The authority citation for part 73 residents are being removed from the [Docket Nos. RM95±8±000 and RM94±7± continues to read as follows: Code of Federal Regulations. 001] Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– EFFECTIVE DATE: July 17, 1996. Promoting Wholesale Competition 1963 Comp., p. 389; 14 CFR 11.69. FOR FURTHER INFORMATION CONTACT: Through Open Access Non- discriminatory Transmission Services § 73.21 [Amended] Joan DeBellis, 202–482–4606. 2. Section 73.21 is amended as by Public Utilities; Recovery of follows: SUPPLEMENTARY INFORMATION: In March Stranded Costs by Public Utilities and 1995, President Clinton issued a Transmitting Utilities R±2103 Fort Rucker, AL [Removed] directive to Federal agencies regarding Issued June 6, 1996. R–2103A Fort Rucker, AL [New] their responsibilities under his Regulatory Reform Initiative. This Boundaries. A circular area with a radius AGENCY: Federal Energy Regulatory ° ′ ′′ initiative is part of the National of 4 miles centered at lat. 31 26 56 N., long. Commission. 85°47′45′′W. Performance Review and calls for Designated altitudes. Surface to but not immediate, comprehensive regulatory ACTION: Final rule; notice of filing of including 10,000 feet MSL. reform. The President directed all motion for clarification. Time of designation. Continuous. agencies to undertake, as part of this Controlling agency. U.S. Army, Cairns initiative, an exhaustive review of all SUMMARY: On May 13, 1996, the Approach Control. Using agency. Commanding General, U.S. their regulations—with an emphasis on coalition for a Competitive Electric Army Aviation Center, Fort Rucker, AL. eliminating or modifying those that are Market (CCEM) filed a motion for obsolete or otherwise in need of reform. expedited clarification of the service R–2103B Fort Rucker, AL [New] The Omnibus Consolidated Rescissions requirements for filing tariffs in Boundaries. A circular area with a radius and Appropriations Act of 1996 (Public compliance with the final rule in this of 4 miles centered at lat. 31°26′56′′N., long. ° ′ ′′ Law 104–134) did not include funding proceeding (61 FR 21540, May 10, 85 47 45 W. for the United States Travel and 1996). CCEM asks the Commission to Designated altitudes. 10,000 feet MSL to 15,000 feet MSL. Tourism Administration. On April 27, clarify that public utilities are to Time of designation. By NOTAM 6 hours 1996, the United States Travel and provide a copy of their compliance in advance. Tourism Administration ceased to exist. filings on electronic diskette (in word- Controlling agency. FAA, Jacksonville Therefore, the regulations regarding the processing format containing a redline ARTCC. issuance of grants to promote travel to version comparing the compliance tariff Using agency. Commanding General, U.S. States or their political subdivisions by with the pro forma tariff), via overnight Army Aviation Center, Fort Rucker, AL. foreign residents are being removed delivery, to any eligible customer that Issued in Washington, DC, on June 5, 1996. because the program is no longer requests a copy of the compliance tariff Harold W. Becker, funded. in advance of its filing with the Acting Program Director for Air Traffic, Commission and that is prepared to pay Miscellaneous Rulemaking Airspace Management. the costs associated with such service. Requirements [FR Doc. 96–15212 Filed 6–14–96; 8:45 am] Copies of CCEM’s motion are on file BILLING CODE 4910±13±P 1. It has been determined that this with the Commission and are available rulemaking action is not significant for for public inspection. purposes of Executive Order 12866. DATES: DEPARTMENT OF COMMERCE Any person desiring to respond 2. This rulemaking is exempt from all to CCEM’s motion should file an answer United States Travel and Tourism procedural requirements of section 553 on or before June 21, 1996. of the Administrative Procedure Act, 5 Administration ADDRESSES: Send answers to: Office of U.S.C. 553. the Secretary, Federal Energy Regulatory 15 CFR Chapter XII List of Subjects in 15 CFR Part 1200 Commission, 888 First St., NE, [Docket No. 960610168±6168±01] Washington, DC 20426. Grant programs—transportation, RIN 0644±XX01 Travel. FOR FURTHER INFORMATION CONTACT: David D. Withnell, Federal Energy Removal of CFR Chapter CHAPTER XIIÐ[REMOVED] Regulatory Commission, Office of the AGENCY: United States Travel and Accordingly, under authority of 5 General Counsel, 888 First ST., N.E., Tourism Administration, Commerce. U.S.C. 301, 15 CFR is amended by Washington, D.C. 20426, Telephone: ACTION: Final rule. removing part 1200 and vacating (202) 208–2063.. Chapter XII. SUMMARY: The Omnibus Consolidated Lois D. Cashell, Rescissions and Appropriations Act of Alan Balutis, Secretary. 1996 did not include funding for the Director, Budget, Management and [FR Doc. 96–15250 Filed 6–14–96; 8:45 am] Information and Chief Information Officer. U.S. Travel and Tourism BILLING CODE 6717±01±M Administration. Some functions that are [FR Doc. 96–15259 Filed 6–14–96; 8:45 am] directly linked to tourism and trade are BILLING CODE 3510±BS±M 30510 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION I. Introduction 300.425(b)(2) placing a site on the NPL ‘‘does not imply that monies will be AGENCY Background expended.’’ EPA may pursue other 40 CFR Part 300 In 1980, Congress enacted the appropriate authorities to remedy the Comprehensive Environmental releases, including enforcement action [FRL±5520±2] Response, Compensation, and Liability under CERCLA and other laws. Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or The purpose of the NPL is merely to National Priorities List for Uncontrolled ‘‘the Act’’), in response to the dangers of identify releases that are priorities for Hazardous Waste Sites uncontrolled hazardous waste sites. further evaluation. Although a CERCLA CERCLA was amended on October 17, ‘‘facility’’ is broadly defined to include AGENCY: Environmental Protection 1986, by the Superfund Amendments any area where a hazardous substance Agency. and Reauthorization Act (‘‘SARA’’), release has ‘‘come to be located’’ Pub. L. No. 99–499, stat. 1613 et seq. To ACTION: Final rule. (CERCLA section 101(9)), the listing implement CERCLA, EPA promulgated process itself is not intended to define the revised National Oil and Hazardous SUMMARY: The Comprehensive or reflect the boundaries of such Environmental Response, Substances Pollution Contingency Plan facilities or releases. Compensation, and Liability Act of 1980 (‘‘NCP’’), 40 CFR part 300, on July 16, Further, the NPL is only of limited (‘‘CERCLA’’ or ‘‘the Act’’), as amended, 1982 (47 FR 31180), pursuant to significance, as it does not assign requires that the National Oil and CERCLA section 105 and Executive liability to any party or to the owner of Order 12316 (46 FR 42237, August 20, Hazardous Substances Pollution any specific property. See Report of the 1981). The NCP sets forth the guidelines Contingency Plan (‘‘NCP’’) include a list Senate Committee on Environment and and procedures needed to respond of national priorities among the known Public Works, Senate Rep. No. 96–848, under CERCLA to releases and releases or threatened releases of 96th Cong., 2d Sess. 60 (1980), quoted threatened releases of hazardous hazardous substances, pollutants, or above and at 48 FR 40659 (September 8, substances, pollutants, or contaminants. contaminants throughout the United 1983). If a party does not believe it is EPA has revised the NCP on several States. The National Priorities List liable for releases on discrete parcels of occasions. The most recent (‘‘NPL’’) constitutes this list. property, supporting information can be comprehensive revision was on March submitted to the Agency at any time This rule adds 13 new sites to the 8, 1990 (55 FR 8666). General Superfund Section of the NPL. Section 105(a)(8)(A) of CERCLA after a party receives notice it is a The NPL is intended primarily to guide requires that the NCP include ‘‘criteria potentially responsible party. the Environmental Protection Agency for determining priorities among Three mechanisms for placing sites on (‘‘EPA’’ or ‘‘the Agency’’) in determining releases or threatened releases the NPL for possible remedial action are which sites warrant further throughout the United States for the included in the NCP at 40 CFR investigation to assess the nature and purpose of taking remedial action * ** 300.425(c). Under 40 CFR 300.425(c)(1), extent of public health and and, to the extent practicable taking into a site may be included on the NPL if it environmental risks associated with the account the potential urgency of such scores sufficiently high on the Hazard site and to determine what CERCLA- action, for the purpose of taking removal Ranking System (‘‘HRS’’), which EPA financed remedial action(s), if any, may action.’’ ‘‘Removal’’ actions are defined promulgated as appendix A of 40 CFR be appropriate. broadly and include a wide range of part 300. On December 14, 1990 (55 FR 51532), EPA promulgated revisions to EFFECTIVE DATE: The effective date for actions taken to study, clean up, prevent or otherwise address releases and the HRS partly in response to CERCLA this amendment to the NCP shall be July section 105(c), added by SARA. The 17, 1996. threatened releases. 42 U.S.C. 9601(23). ‘‘Remedial’’ actions’’ are those revised HRS evaluates four pathways: ADDRESSES: For addresses for the ‘‘consistent with permanent remedy, ground water, surface water, soil Headquarters and Regional dockets, as taken instead of or in addition to exposure, and air. The HRS serves as a well as further details on what these removal actions * * *.’’ 42 U.S.C. screening device to evaluate the relative dockets contain, see ‘‘Information 9601(24). potential of uncontrolled hazardous Available to the Public’’ in Section I of Pursuant to section 105(a)(8)(B) of substances to pose a threat to human the ‘‘Supplementary Information’’ CERCLA, as amended by SARA, EPA health or the environment. As a matter portion of this preamble. has promulgated a list of national of Agency policy, those sites that score FOR FURTHER INFORMATION CONTACT: priorities among the known or 28.50 or greater on the HRS are eligible Terry Keidan, State and Site threatened releases of hazardous for the NPL. Identification Center, Office of substances, pollutants, or contaminants Under a second mechanism for Emergency and Remedial Response throughout the United States. That list, adding sites to the NPL, each State may (mail code 5204G), U.S. Environmental which is appendix B of 40 CFR part 300, designate a single site as its top priority, Protection Agency, 401 M Street, SW, is the National Priorities List (‘‘NPL’’). regardless of the HRS score. This Washington, DC, 20460, or the CERCLA section 105(a)(8)(B) defines mechanism, provided by the NCP at 40 Superfund Hotline, phone (800) 424– the NPL as a list of ‘‘releases’’ and as a CFR 300.425(c)(2), requires that, to the 9346 or (703) 412–9810 in the list of the highest priority ‘‘facilities.’’ extent practicable, the NPL include Washington, DC, metropolitan area. CERCLA section 105(a)(8)(B) also within the 100 highest priorities, one requires that the NPL be revised at least facility designated by each State SUPPLEMENTARY INFORMATION: annually. A site may undergo remedial representing the greatest danger to I. Introduction action financed by the Trust Fund public health, welfare, or the II. Contents of This Final Rule environment among known facilities in III. Executive Order 12866 established under CERCLA (commonly IV. Unfunded Mandates referred to as the ‘‘Superfund’’) only the State. V. Governors’ Concurrence after it is placed on the NPL, as The third mechanism for listing, VI. Effects on Small Businesses provided in the NCP at 40 CFR included in the NCP at 40 CFR VII. CERCLA Section 305 300.425(b)(1). However, under 40 CFR 300.425(c)(3), allows certain sites to be Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30511 listed regardless of their HRS score, if When a site is listed, it is necessary describe the boundaries of a release all of the following conditions are met: to define the release (or releases) with absolute certainty. • The Agency for Toxic Substances and encompassed within the listing. The For these reasons, the NPL need not Disease Registry (ATSDR) of the U.S. Public approach generally used is to delineate be amended if further research into the Health Service has issued a health advisory a geographical area (usually the area extent of the contamination expands the that recommends dissociation of individuals within the installation or plant apparent boundaries of the release. from the release. boundaries) and define the site by Further, the NPL is only of limited • EPA determines that the release poses a reference to that area. As a legal matter, significance, as it does not assign significant threat to public health. the site is not coextensive with that liability to any party or to the owner of • EPA anticipates that it will be more cost- area, and the boundaries of the any specific property. See Report of the effective to use its remedial authority installation or plant are not the Senate Committee on Environment and (available only at NPL sites) than to use its removal authority to respond to the release. ‘‘boundaries’’ of the site. Rather, the site Public Works, Senate Rep. No. 96–848, consists of all contaminated areas 96th Cong., 2d Sess. 60 (1980), quoted EPA promulgated an original NPL of within the area used to define the site, above and at 48 FR 40659 (September 8, 406 sites on September 8, 1983 (48 FR and any other location to which 1983). If a party does not believe it is 40658). The NPL has been expanded contamination from that area has come liable for releases on discrete parcels of since then, most recently on September to be located. property, supporting information can be 29, 1995 (60 FR 50435). While geographic terms are often used submitted to the Agency at any time The NPL includes two sections, one of to designate the site (e.g., the ‘‘Jones Co. after a party receives notice it is a sites that are evaluated and cleaned up plant site’’) in terms of the property potentially responsible party. owned by the particular party, the site by EPA (the ‘‘General Superfund Deletions/Cleanups Section’’), and one of sites being properly understood is not limited to addressed generally by other Federal that property (e.g., it may extend beyond EPA may delete sites from the NPL agencies (the ‘‘Federal Facilities the property due to contaminant where no further response is Section’’). Under Executive Order 12580 migration), and conversely may not appropriate under Superfund, as (52 FR 2923, January 29, 1987) and occupy the full extent of the property explained in the NCP at 40 CFR CERCLA section 120, each Federal (e.g., where there are uncontaminated 300.425(e). To date, the Agency has agency is responsible for carrying out parts of the identified property, they deleted 108 sites from the NPL. most response actions at facilities under may not be, strictly speaking, part of the EPA also has developed an NPL its own jurisdiction, custody, or control, ‘‘site’’). The ‘‘site’’ is thus neither equal construction completion list (‘‘CCL’’) to although EPA is responsible for to nor confined by the boundaries of any simplify its system of categorizing sites preparing an HRS score and specific property that may give the site and to better communicate the determining whether the facility is its name, and the name itself should not successful completion of cleanup placed on the NPL. EPA is not the lead be read to imply that this site is activities (58 FR 12142, March 2, 1993). agency at these sites, and its role at such coextensive with the entire area within Sites qualify for the CCL when: sites is accordingly less extensive than the property boundary of the facility or (1) Any necessary physical at other sites. The Federal Facilities plant. The precise nature and extent of construction is complete, whether or not Section includes facilities at which EPA the site are typically not known at the final cleanup levels or other time of listing. Also, the site name is is not the lead agency. requirements have been achieved; merely used to help identify the (2) EPA has determined that the Site Boundaries geographic location of the response action should be limited to contamination. For example, the ‘‘Jones measures that do not involve The NPL does not describe releases in Co. plant site,’’ does not imply that the construction (e.g., institutional precise geographical terms; it would be Jones company is responsible for the controls); or neither feasible nor consistent with the contamination located on the plant site. (3) The site qualifies for deletion from limited purpose of the NPL (as the mere EPA regulations provide that the the NPL. Inclusion of a site on the CCL identification of releases), for it to do so. ‘‘nature and extent of the threat has no legal significance. CERCLA section 105(a)(8)(B) directs presented by a release’’ will be In addition to the 102 sites that have EPA to list national priorities among the determined by a Remedial Investigation/ been deleted from the NPL because they known ‘‘releases or threatened Feasibility Study (RI/FS) as more have been cleaned up (6 sites have been releases.’’ Thus, the purpose of the NPL information is developed on site deleted based on deferral to other is merely to identify releases that are contamination (40 CFR 300.430(d)). authorities and are not considered priorities for further evaluation. During the RI/FS process, the release cleaned up), an additional 251 sites are Although a CERCLA ‘‘facility’’ is may be found to be larger or smaller also in the NPL CCL. Thus, as of June broadly defined to include any area than was originally thought, as more is 1996, the CCL consists of 353 sites. where a hazardous substance release has learned about the source and the ‘‘come to be located’’ (CERCLA section migration of the contamination. Action In This Notice 101(9)), the listing process itself is not However, this inquiry focuses on an This final rule adds 13 sites to the intended to define or reflect the evaluation of the threat posed; the General Superfund Section of the NPL. boundaries of such facilities or releases. boundaries of the release need not be Nine of these sites are added to the NPL Of course, HRS data upon which the exactly defined. Moreover, it generally based on an HRS score of 28.5 or NPL placement was based will, to some is impossible to discover the full extent greater, three are added based on extent, describe which release is at of where the contamination ‘‘has come ATSDR Health Advisory Criteria, and issue. That is, the NPL site would to be located’’ before all necessary one is added based on its designation as include all releases evaluated as part of studies and remedial work are a State top priority. This action results that HRS analysis (including completed at a site. Indeed, the in an NPL of 1,227 sites, 1,073 in the noncontiguous releases evaluated under boundaries of the contamination can be General Superfund Section and 154 in the NPL aggregation policy, described at expected to change over time. Thus, in the Federal Facilities Section. With the 48 FR 40663 (September 8, 1983)). most cases, it may be impossible to action of a proposed rule published 30512 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations elsewhere in today’s Federal Register, Greg Oberley, Region 8, U.S. EPA, 999 18th Interested parties may view an additional 52 sites are proposed and Street, Suite 500, Denver, CO 80202–2466, documents, by appointment only, in the are awaiting final agency action, 45 in 303/294–7598 Headquarters or Regional Dockets, or Rachel Loftin, Region 9, U.S. EPA, 75 the General Superfund Section and 7 in Hawthorne Street, San Francisco, CA copies may be requested from the the Federal Facilities Section. Final and 94105, 415/744–2347 Headquarters or Regional Dockets. An proposed sites now total 1,279. David Bennett, Region 10, U.S. EPA, 11th informal written request, rather than a formal request under the Freedom of Information Available to the Public Floor, 1200 6th Avenue, Mail Stop HW– 114, Seattle, WA 98101, 206/553–2103 Information Act, should be the ordinary The Headquarters and Regional public For the sites added to the NPL based procedure for obtaining copies of any of dockets for the NPL contain documents on an HRS score of 28.5 or greater, the these documents. If you wish to obtain relating to the evaluation and scoring of Headquarters docket for this rule documents by mail from EPA the sites in this final rule. The dockets contains HRS score sheets for the final Headquarters Docket, the mailing are available for viewing, by sites; Documentation Records for the address is as follows: appointment only, after the appearance sites describing the information used to Docket Coordinator, Headquarters, U.S. EPA of this notice. The hours of operation for compute the scores; pertinent CERCLA Docket Office (Mail Code 5201G), the Headquarters docket are from 9 a.m. information regarding statutory 401 M Street, SW, Washington, DC 20460, to 4 p.m., Monday through Friday, requirements or EPA listing policies that 703/603–8917 (Please note this is the excluding Federal holidays. Please affect the sites; and a list of documents mailing address only. If you wish to visit contact the Regional Docket for hours. referenced in each of the Documentation the HQ Docket to view documents, see Addresses and phone numbers for the Records. For the sites being listed based viewing address above.) on ATSDR Health Advisory criteria, the Headquarters and Regional dockets Submission to Congress and the General follow: Headquarters docket contains the health advisory issued by ATSDR and other Accounting Office Docket Coordinator, Headquarters, U.S. EPA supporting documentation. For the site Under section 801(a)(1)(A) of the CERCLA Docket Office, Crystal Gateway being listed based on its designation as # Administrative Procedures Act (APA) as 1, 1st Floor, 1235 Jefferson Davis a State top priority, the docket contains Highway, Arlington, VA, 703/603–8917, amended by the Small Business supporting documentation from the Regulatory Enforcement Act of 1996, (Please note this is viewing address only. State. For all of the final sites, the Do not mail documents to this address.) EPA submitted a report containing this Headquarters docket contains comments Jim Kyed, Region 1, U.S. EPA Waste rule and other required information to Management Records Center, HRC–CAN–7, received; and the Agency’s responses to the U.S. Senate, the U.S. House of J.F. Kennedy Federal Building, Boston, MA those comments. The Agency’s Representatives and the Comptroller 02203–2211, 617/573–9656 responses are contained in the ‘‘Support General of the General Accounting Document for the Revised National Ben Conetta, Region 2, U.S. EPA, 290 Office prior to publication of the rule in Priorities List Final Rule—June 1996.’’ Broadway, New York, NY 10007–1866, today’s Federal Register. This rule is A general discussion of the statutory 212/637–4435 not a ‘‘major rule’’ as defined by section Diane McCreary, Region 3, U.S. EPA Library, requirements affecting NPL listing, the 804(2) of the APA as amended. 3rd Floor, 841 Chestnut Building, 9th & purpose and implementation of the Chestnut Streets, Philadelphia, PA 19107, NPL, the economic impacts of NPL II. Contents of This Final Rule 215/566–5250 listing, and the analysis required under Kathy Piselli, Region 4, U.S. EPA, 345 the Regulatory Flexibility Act is This notice promulgates final rules to Courtland Street, NE, Atlanta, GA 30365 included as part of the Headquarters add 13 sites to the General Superfund 404/347–4216 rulemaking docket in the ‘‘Additional Section of the NPL (Table 1). The Cathy Freeman, Region 5, U.S. EPA, Records Information’’ document. following table presents the sites in this Center, Waste Management Division 7–J, The Regional docket contains all the rule arranged alphabetically by State Metcalfe Federal Building, 77 West Jackson information in the Headquarters docket, and identifies their rank by group Boulevard, Chicago, IL 60604, 312/886– plus the actual reference documents number. Group numbers are determined 6214 Bart Canellas, Region 6, U.S. EPA, 1445 Ross containing the data principally relied by arranging the NPL by rank and Avenue, Mail Code 6H–MA, Dallas, TX upon by EPA in calculating or dividing it into groups of 50 sites. For 75202–2733, 214/655–6740 evaluating the HRS score, when the HRS example, a site in Group 4 has a score Carole Long, Region 7, U.S. EPA, 726 is used, for the sites. These reference that falls within the range of scores Minnesota Avenue, Kansas City, KS 66101, documents are available only in the covered by the fourth group of 50 sites 913/551–7224 Regional dockets. on the NPL.

NATIONAL PRIORITIES LIST FINAL RULEÐGENERAL SUPERFUND SECTION

State Site name City/County Group

GA ...... LCP Chemicals Georgia ...... Brunswick ...... NA IL ...... Jennison-Wright Corporation ...... Granite City ...... 12 KS ...... Wright Ground Water Contamination ...... Wright ...... 5/6 ME ...... Eastern Surplus ...... Meddybemps ...... 5/6 MI ...... Aircraft Components (D&L Sales) ...... Benton Harbor ...... NA MI ...... H & K Sales ...... Belding ...... NA NE ...... Bruno Co-op Association/Associated Properties ...... Bruno ...... 5/6 NJ ...... Franklin Burn ...... Franklin Township ...... 12 NJ ...... Welsbach & General Gas Mantle (Camden Radiation) ... Camden & Gloucester Cities ...... 12 NY ...... Little Valley ...... Little Valley ...... NA PA ...... Breslube-Penn Inc ...... Coraopolis ...... 5/6 VI ...... Island Chemical Corp/Virgin Islands Chemical Corp ...... St. Croix ...... 5/6 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30513

NATIONAL PRIORITIES LIST FINAL RULEÐGENERAL SUPERFUND SECTIONÐContinued

State Site name City/County Group

WI ...... Penta Wood Products ...... Daniels ...... 5/6 Number of sites listed: 13.

Public Comments government agency plan. The plan must this action on small entities, or certify EPA reviewed all comments received provide for notifying potentially that the action will not have a on sites included in this notice. Based affected small governments, giving them significant impact on a substantial meaningful and timely input in the number of small entities. By small on comments received on the proposed development of EPA regulatory entities, the Act refers to small sites, as well as investigation by EPA proposals with significant Federal businesses, small government and the States (generally in response to intergovernmental mandates, and jurisdictions, and nonprofit comment), EPA recalculated the HRS informing, educating, and advising them organizations. scores for individual sites where on compliance with the regulatory While this rule revises the NPL, an appropriate. EPA’s response to site- requirements. Today’s rule contains no NPL revision is not a typical regulatory specific public comments and Federal mandates (within the meaning change since it does not automatically explanations of any score changes made of Title II of the UMRA) for State, local, impose costs. As stated above, adding as a result of such comments are or tribal governments or the private sites to the NPL does not in itself addressed in the ‘‘Support Document for sector. Nor does it contain any require any action by any party, nor the Revised National Priorities List regulatory requirements that might does it determine the liability of any Final Rule—June 1996.’’ significantly or uniquely affect small party for the cost of cleanup at the site. III. Executive Order 12866 governments. This is because today’s Further, no identifiable groups are listing decision does not impose any affected as a whole. As a consequence, The Office of Management and Budget enforceable duties upon any of these impacts on any group are hard to (OMB) has exempted this regulatory governmental entities or the private predict. A site’s inclusion on the NPL action from Executive Order 12866 sector. Inclusion of a site on the NPL could increase the likelihood of adverse review. does not itself impose any costs. It does impacts on responsible parties (in the IV. Unfunded Mandates not establish that EPA necessarily will form of cleanup costs), but at this time undertake remedial action, nor does it EPA cannot identify the potentially Title II of the Unfunded Mandates require any action by a private party or affected businesses or estimate the Reform Act of 1995 (UMRA), Pub. L. determine its liability for site response number of small businesses that might 104–4, establishes requirements for costs. Costs that arise out of site also be affected. Federal agencies to assess the effects of responses result from site-by-site The Agency does expect that placing their regulatory actions on State, local, decisions about what actions to take, not the sites in this rule on the NPL could and tribal governments and the private directly from the act of listing itself. significantly affect certain industries, or sector. Under section 202 of the UMRA, Therefore, today’s rulemaking is not firms within industries, that have EPA generally must prepare a written subject to the requirements of sections caused a proportionately high statement, including a cost-benefit 202, 203 or 205 of the Unfunded percentage of waste site problems. analysis, for proposed and final rules Mandates Act. However, EPA does not expect the with ‘‘Federal mandates’’ that may listing of these sites to have a significant V. Governor’s Concurrence result in expenditures to State, local, economic impact on a substantial and tribal governments, in the aggregate, On May 2, 1996, Congress enacted the number of small businesses. or to the private sector, of $100 million Omnibus Consolidated Rescissions and In any case, economic impacts would or more in any one year. When a written Appropriations Act of 1996 Public Law occur only through enforcement and statement is needed for an EPA rule, (Pub. L.) 104–134, which established cost-recovery actions, which EPA takes section 205 of the UMRA generally federal government spending limitations at its discretion on a site-by-site basis. requires EPA to identify and consider a for the fiscal year ending September 30, EPA considers many factors when reasonable number of regulatory 1996. Pub. L. 104–134 provides that determining enforcement actions, alternatives and adopt the least costly, EPA may not use funds made available including not only a firm’s contribution most cost-effective or least burdensome for fiscal year 1996 ‘‘to propose for to the problem, but also its ability to alternative that achieves the objectives listing or to list any additional facilities pay. The impacts (from cost recovery) of the rule. The provisions of section on the National Priorities List * ** on small governments and nonprofit 205 do not apply when they are unless the Administrator receives a organizations would be determined on a inconsistent with applicable law. written request to propose for listing or similar case-by-case basis. Moreover, section 205 allows EPA to to list a facility from the Governor of the For the foregoing reasons, I hereby adopt an alternative other than the least State in which the facility is located certify that this rule will not have a costly, most cost-effective or least ** *.’’ EPA has received letters from significant economic impact on a burdensome alternative if the the appropriate governors requesting substantial number of small entities. Administrator publishes with the final that the Agency list on the NPL all the Therefore, this regulation does not rule an explanation why that alternative facilities in this rule. These letters are require a regulatory flexibility analysis. was not adopted. Before EPA establishes available in the docket for this VII. CERCLA Section 305 any regulatory requirements that may rulemaking. significantly or uniquely affect small CERCLA section 305 provides for a governments, including tribal VI. Effect on Small Businesses legislative veto of regulations governments, it must have developed The Regulatory Flexibility Act of 1980 promulgated under CERCLA. Although under section 203 of the UMRA a small requires EPA to review the impacts of INS v. Chadha, 462 U.S. 919,103 S. Ct. 30514 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

2764 (1983) cast the validity of the materials, Intergovernmental relations, PART 300Ð[AMENDED] legislative veto into question, EPA has Natural resources, Oil pollution, transmitted a copy of this regulation to Reporting and recordkeeping 1. The authority citation for part 300 the Secretary of the Senate and the Clerk requirements, Superfund, Waste continues to read as follows: of the House of Representatives. treatment and disposal, Water pollution Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. If action by Congress calls the control, Water supply. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, effective date of this regulation into Dated: June 6, 1996. 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, question, EPA will publish a 3 CFR, 1987 Comp., p. 193. Elliott P. Laws, clarification in the Federal Register. Assistant Administrator, Office of Solid Waste 2. Appendix B to part 300 is revised List of Subjects in 40 CFR Part 300 and Emergency Response. to read as set forth below: Environmental protection, Air 40 CFR part 300 is amended as Appendix B to Part 300—National pollution control, Chemicals, Hazardous follows: Priorities List

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996

State Site name City/county Notes(a)

AK ...... Alaska Battery Enterprises ...... Fairbanks N Star Borough ...... C AK ...... Arctic Surplus ...... Fairbanks AL ...... Ciba-Geigy Corp. (McIntosh Plant) ...... McIntosh AL ...... Interstate Lead Co. (ILCO) ...... Leeds AL ...... Olin Corp. (McIntosh Plant) ...... McIntosh AL ...... Perdido Ground Water Contamination ...... Perdido ...... C AL ...... Redwing Carriers, Inc. (Saraland) ...... Saraland AL ...... Stauffer Chemical Co. (Cold Creek Plant) ...... Bucks AL ...... Stauffer Chemical Co. (LeMoyne Plant) ...... Axis AL ...... T.H. Agriculture & Nutrition (Montgomery) ...... Montgomery AL ...... Triana/Tennessee River ...... Limestone/Morgan ...... C AR ...... Arkwood, Inc ...... Omaha AR ...... Frit Industries ...... Walnut Ridge AR ...... Gurley Pit ...... Edmondson ...... C AR ...... Industrial Waste Control ...... Fort Smith ...... C AR ...... Jacksonville Municipal Landfill ...... Jacksonville ...... C AR ...... Mid-South Wood Products ...... Mena ...... C AR ...... Midland Products ...... Ola/Birta ...... C AR ...... Monroe Auto Equipment (Paragould Pit) ...... Paragould AR ...... Popile, Inc ...... El Dorado AR ...... Rogers Road Municipal Landfill ...... Jacksonville ...... C AR ...... South 8th Street Landfill ...... West Memphis AR ...... Vertac, Inc ...... Jacksonville AZ ...... Apache Powder Co ...... St. David AZ ...... Hassayampa Landfill ...... Hassayampa AZ ...... Indian Bend Wash Area ...... Scottsdale/Tempe/Phoenix AZ ...... Litchfield Airport Area ...... Goodyear/Avondale AZ ...... Motorola, Inc. (52nd Street Plant) ...... Phoenix AZ ...... Nineteenth Avenue Landfill ...... Phoenix AZ ...... Tucson International Airport Area ...... Tucson CA ...... Advanced Micro Devices, Inc ...... Sunnyvale ...... C CA ...... Advanced Micro Devices, Inc. (Bldg. 915) ...... Sunnyvale ...... C CA ...... Aerojet General Corp ...... Rancho Cordova CA ...... Applied Materials ...... Santa Clara ...... C CA ...... Atlas Asbestos Mine ...... Fresno County CA ...... Beckman Instruments (Porterville Plant) ...... Porterville ...... C CA ...... Brown & Bryant, Inc. (Arvin Plant) ...... Arvin CA ...... CTS Printex, Inc ...... Mountain View ...... C CA ...... Celtor Chemical Works ...... Hoopa ...... C CA ...... Coalinga Asbestos Mine ...... Coalinga ...... C CA ...... Coast Wood Preserving ...... Ukiah CA ...... Crazy Horse Sanitary Landfill ...... Salinas CA ...... Del Norte Pesticide Storage ...... Crescent City ...... C CA ...... Fairchild Semiconductor Corp (Mt View) ...... Mountain View CA ...... Fairchild Semiconductor Corp (S San Jose) ...... South San Jose ...... C CA ...... Firestone Tire & Rubber Co. (Salinas Plant) ...... Salinas ...... C CA ...... Fresno Municipal Sanitary Landfill ...... Fresno CA ...... Frontier Fertilizer ...... Davis CA ...... Hewlett-Packard (620±640 Page Mill Road) ...... Palo Alto CA ...... Industrial Waste Processing ...... Fresno CA ...... Intel Corp. (Mountain View Plant) ...... Mountain View CA ...... Intel Corp. (Santa Clara III) ...... Santa Clara ...... C CA ...... Intel Magnetics ...... Santa Clara ...... C CA ...... Intersil Inc./Siemens Components ...... Cupertino ...... C CA ...... Iron Mountain Mine ...... Redding CA ...... J.H. Baxter & Co ...... Weed CA ...... Jasco Chemical Corp ...... Mountain View Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30515

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

CA ...... Koppers Co., Inc. (Oroville Plant) ...... Oroville CA ...... Liquid Gold Oil Corp ...... Richmond ...... C CA ...... Lorentz Barrel & Drum Co ...... San Jose CA ...... Louisiana-Pacific Corp Oroville CA ...... MGM Brakes ...... Cloverdale ...... C CA ...... McColl ...... Fullerton CA ...... McCormick & Baxter Creosoting Co ...... Stockton CA ...... Modesto Ground Water Contamination ...... Modesto CA ...... Monolithic Memories ...... Sunnyvale ...... C CA ...... Montrose Chemical Corp ...... Torrance CA ...... National Semiconductor Corp ...... Santa Clara CA ...... Newmark Ground Water Contamination ...... San Bernardino CA ...... Operating Industries, Inc., Landfill ...... Monterey Park CA ...... Pacific Coast Pipe Lines ...... Fillmore CA ...... Purity Oil Sales, Inc ...... Malaga CA ...... Ralph Gray Trucking Co ...... Westminster CA ...... Raytheon Corp ...... Mountain View CA ...... San Fernando Valley (Area 1) ...... Los Angeles CA ...... San Fernando Valley (Area 2) ...... Los Angeles/Glendale CA ...... San Fernando Valley (Area 3) ...... Glendale CA ...... San Fernando Valley (Area 4) ...... Los Angeles CA ...... San Gabriel Valley (Area 1) ...... El Monte CA ...... San Gabriel Valley (Area 2) ...... Baldwin Park Area CA ...... San Gabriel Valley (Area 3) ...... Alhambra CA ...... San Gabriel Valley (Area 4) ...... La Puente CA ...... Selma Treating Co ...... Selma CA ...... Sola Optical USA, Inc ...... Petaluma ...... C CA ...... South Bay Asbestos Area ...... Alviso CA ...... Southern California Edison Co. (Visalia) ...... Visalia CA ...... Spectra-Physics, Inc ...... Mountain View ...... C CA ...... Stringfellow ...... Glen Avon Heights ...... S CA ...... Sulphur Bank Mercury Mine ...... Clear Lake CA ...... Synertek, Inc. (Building 1) ...... Santa Clara ...... C CA ...... T.H. Agriculture & Nutrition Co ...... Fresno CA ...... TRW Microwave, Inc (Building 825) ...... Sunnyvale ...... C CA ...... Teledyne Semiconductor ...... Mountain View ...... C CA ...... United Heckathorn Co ...... Richmond CA ...... Valley Wood Preserving, Inc ...... Turlock CA ...... Waste Disposal, Inc ...... Santa Fe Springs CA ...... Watkins-Johnson Co. (Stewart Division) ...... Scotts Valley ...... C CA ...... Western Pacific Railroad Co ...... Oroville CA ...... Westinghouse Electric Corp. (Sunnyvale) ...... Sunnyvale CO ...... Broderick Wood Products ...... Denver CO ...... California Gulch ...... Leadville CO ...... Central City-Clear Creek ...... Idaho Springs CO ...... Chemical Sales Co ...... Denver CO ...... Denver Radium Site ...... Denver CO ...... Eagle Mine ...... Minturn/Redcliff CO ...... Lincoln Park ...... Canon City CO ...... Lowry Landfill ...... Arapahoe County CO ...... Marshall Landfill ...... Boulder County ...... C,S CO ...... Sand Creek Industrial ...... Commerce City ...... C CO ...... Smuggler Mountain ...... Pitkin County CO ...... Summitville Mine ...... Rio Grande County CO ...... Uravan Uranium Project (Union Carbide) ...... Uravan CT ...... Barkhamsted-New Hartford Landfill ...... Barkhamsted CT ...... Beacon Heights Landfill ...... Beacon Falls CT ...... Cheshire Ground Water Contamination ...... Cheshire CT ...... Durham Meadows ...... Durham CT ...... Gallup's Quarry ...... Plainfield CT ...... Kellogg-Deering Well Field ...... Norwalk CT ...... Laurel Park, Inc ...... Naugatuck Borough ...... S CT ...... Linemaster Switch Corp ...... Woodstock CT ...... Nutmeg Valley Road ...... Wolcott CT ...... Old Southington Landfill ...... Southington CT ...... Precision Plating Corp ...... Vernon CT ...... Raymark Industries, Inc ...... Stratford ...... A CT ...... Solvents Recovery Service New England ...... Southington CT ...... Yaworski Waste Lagoon ...... Canterbury DE ...... Army Creek Landfill ...... New Castle County ...... C DE ...... Chem-Solv, Inc ...... Cheswold DE ...... Coker's Sanitation Service Landfills ...... Kent County ...... C 30516 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

DE ...... Delaware City PVC Plant ...... Delaware City DE ...... Delaware Sand & Gravel Landfill ...... New Castle County DE ...... Dover Gas Light Co ...... Dover DE ...... E.I.Du Pont de Nemours (Newport Landfill Newport DE ...... Halby Chemical Co ...... New Castle DE ...... Harvey & Knott Drum, Inc ...... Kirkwood ...... C DE ...... Koppers Co., Inc. (Newport Plant) ...... Newport DE ...... NCR Corp. (Millsboro Plant) ...... Millsboro DE ...... New Castle Spill ...... New Castle County ...... C DE ...... Sealand Limited ...... Mount Pleasant ...... C DE ...... Standard Chlorine of Delaware, Inc ...... Delaware City DE ...... Sussex County Landfill No. 5 ...... Laurel ...... C DE ...... Tybouts Corner Landfill ...... New Castle County ...... C,S DE ...... Tyler Refrigeration Pit ...... Smyrna DE ...... Wildcat Landfill ...... Dover ...... C FL ...... Agrico Chemical Co ...... Pensacola FL ...... Airco Plating Co ...... Miami FL ...... American Creosote Works (Pensacola Plt) ...... Pensacola FL ...... Anaconda Aluminum Co./Milgo Electronics ...... Miami ...... C FL ...... Anodyne, Inc ...... North Miami Beach FL ...... B&B Chemical Co., Inc ...... Hialeah ...... C FL ...... BMI-Textron ...... Lake Park ...... C FL ...... Beulah Landfill ...... Pensacola ...... C FL ...... Cabot/Koppers ...... Gainesville FL ...... Chemform, Inc ...... Pompano Beach ...... C FL ...... Chevron Chemical Co. (Ortho Division) ...... Orlando FL ...... City Industries, Inc ...... Orlando ...... C FL ...... Coleman-Evans Wood Preserving Co ...... Whitehouse FL ...... Davie Landfill ...... Davie ...... C FL ...... Dubose Oil Products Co ...... Cantonment ...... C FL ...... Escambia WoodÐPensacola ...... Pensacola FL ...... Florida Steel Corp ...... Indiantown FL ...... Gold Coast Oil Corp ...... Miami ...... C FL ...... Harris Corp. (Palm Bay Plant) ...... Palm Bay FL ...... Helena Chemical Co. (Tampa Plant) ...... Tampa FL ...... Hipps Road Landfill ...... Duval County ...... C FL ...... Hollingsworth Solderless Terminal ...... Fort Lauderdale ...... C FL ...... Kassauf-Kimerling Battery Disposal ...... Tampa FL ...... Madison County Sanitary Landfill ...... Madison FL ...... Miami Drum Services ...... Miami ...... C FL ...... Munisport Landfill ...... North Miami FL ...... Northwest 58th Street Landfill ...... Hialeah ...... C FL ...... Peak Oil Co./Bay Drum Co ...... Tampa FL ...... Pepper Steel & Alloys, Inc ...... Medley ...... C FL ...... Petroleum Products Corp ...... Pembroke Park FL ...... Pickettville Road Landfill ...... Jacksonville FL ...... Piper Aircraft/Vero Beach Water & Sewer ...... Vero Beach FL ...... Reeves Southeast Galvanizing Corp ...... Tampa FL ...... Sapp Battery Salvage ...... Cottondale FL ...... Schuylkill Metals Corp ...... Plant City FL ...... Sherwood Medical Industries ...... Deland FL ...... Sixty-Second Street Dump ...... Tampa ...... C FL ...... Standard Auto Bumper Corp ...... Hialeah ...... C FL ...... Stauffer Chemical Co. (Tarpon Springs) ...... Tarpon Springs FL ...... Sydney Mine Sludge Ponds ...... Brandon FL ...... Taylor Road Landfill ...... Seffner FL ...... Tower Chemical Co ...... Clermont FL ...... Whitehouse Oil Pits ...... Whitehouse FL ...... Wingate Road Municipal Incinerator Dump ...... Fort Lauderdale FL ...... Yellow Water Road Dump ...... Baldwin FL ...... Zellwood Ground Water Contamination ...... Zellwood GA ...... Cedartown Industries, Inc ...... Cedartown GA ...... Cedartown Municipal Landfill ...... Cedartown GA ...... Diamond Shamrock Corp. Landfill ...... Cedartown ...... C GA ...... Firestone Tire & Rubber Co (Albany Plant) ...... Albany GA ...... Hercules 009 Landfill ...... Brunswick GA ...... LCP Chemicals Georgia ...... Brunswick ...... S GA ...... Marzone Inc./Chevron Chemical Co ...... Tifton GA ...... Mathis Brothers Landfill ...... Kensington GA ...... Monsanto Corp. (Augusta Plant) ...... Augusta ...... C GA ...... Powersville Site ...... Peach County ...... C GA ...... T.H. Agriculture & Nutrition (Albany) ...... Albany Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30517

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

GA ...... Woolfolk Chemical Works, Inc ...... Fort Valley GU ...... Ordot Landfill ...... Guam ...... C,S HI ...... Del Monte Corp. (Oahu Plantation) ...... Honolulu County IA ...... Des Moines TCE ...... Des Moines IA ...... Electro-Coatings, Inc ...... Cedar Rapids IA ...... Fairfield Coal Gasification Plant ...... Fairfield ...... C IA ...... Farmers' Mutual Cooperative ...... Hospers IA ...... John Deere (Ottumwa Works Landfills) ...... Ottumwa ...... C IA ...... Lawrence Todtz Farm ...... Camanche ...... C IA ...... Mason City Coal Gasification Plant ...... Mason City IA ...... Mid-America Tanning Co ...... Sergeant Bluff IA ...... Midwest Manufacturing/North Farm ...... Kellogg IA ...... Peoples Natural Gas Co ...... Dubuque IA ...... Red Oak City Landfill ...... Red Oak IA ...... Shaw Avenue Dump ...... Charles City IA ...... Sheller-Globe Corp. Disposal ...... Keokuk IA ...... Vogel Paint & Wax Co ...... Orange City ...... C IA ...... White Farm Equipment Co. Dump ...... Charles City ...... C ID ...... Bunker Hill Mining & Metallurgical ...... Smelterville ID ...... Eastern Michaud Flats Contamination ...... Pocatello ID ...... Kerr-McGee Chemical Corp. (Soda Springs) ...... Soda Springs ID ...... Monsanto Chemical Co. (Soda Springs) ...... Soda Springs ID ...... Pacific Hide & Fur Recycling Co ...... Pocatello ID ...... Union Pacific Railroad Co ...... Pocatello IL ...... A & F Material Reclaiming, Inc ...... Greenup ...... C IL ...... Acme Solvent Reclaiming (Morristown Plant) ...... Morristown IL ...... Adams County Quincy Landfills 2 & 3 ...... Quincy IL ...... Amoco Chemicals (Joliet Landfill) ...... Joliet IL ...... Beloit Corp ...... Rockton IL ...... Belvidere Municipal Landfill ...... Belvidere ...... C IL ...... Byron Salvage Yard ...... Byron IL ...... Central Illinois Public Service Co ...... Taylorville ...... C IL ...... Cross Brothers Pail Recycling (Pembroke) ...... Pembroke Township IL ...... DuPage County Landfill/Blackwell Forest ...... Warrenville IL ...... Galesburg/Koppers Co ...... Galesburg IL ...... H.O.D. Landfill ...... Antioch IL ...... Ilada Energy Co ...... East Cape Girardeau IL ...... Interstate Pollution Control, Inc ...... Rockford IL ...... Jennison-Wright Corporation ...... Granite City IL ...... Johns-Manville Corp ...... Waukegan ...... C IL ...... Kerr-McGee (Kress Creek/W Branch DuPage) ...... DuPage County IL ...... Kerr-McGee (Reed-Keppler Park) ...... West Chicago IL ...... Kerr-McGee (Residential Areas) ...... West Chicago/DuPage County IL ...... Kerr-McGee (Sewage Treatment Plant) ...... West Chicago IL ...... LaSalle Electric Utilities ...... LaSalle ...... C IL ...... Lenz Oil Service, Inc ...... Lemont IL ...... MIG/Dewane Landfill ...... Belvidere IL ...... NL Industries/Taracorp Lead Smelter ...... Granite City ...... C IL ...... Ottawa Radiation Areas ...... Ottawa IL ...... Outboard Marine Corp ...... Waukegan ...... S IL ...... Pagel's Pit ...... Rockford IL ...... Parsons Casket Hardware Co ...... Belvidere IL ...... Southeast Rockford Gd Wtr Contamination ...... Rockford IL ...... Tri-County Landfill/Waste Mgmt Illinois ...... South Elgin IL ...... Velsicol Chemical Corp. (Illinois) ...... Marshall ...... C IL ...... Wauconda Sand & Gravel ...... Wauconda IL ...... Woodstock Municipal Landfill ...... Woodstock IL ...... Yeoman Creek Landfill ...... Waukegan IN ...... American Chemical Service, Inc ...... Griffith IN ...... Bennett Stone Quarry ...... Bloomington IN ...... Carter Lee Lumber Co...... Indianapolis ...... C IN ...... Columbus Old Municipal Landfill #1 ...... Columbus ...... C IN ...... Conrail Rail Yard (Elkhart) ...... Elkhart IN ...... Continental Steel Corp ...... Kokomo IN ...... Douglass Road/Uniroyal, Inc., Landfill ...... Mishawaka IN ...... Envirochem Corp ...... Zionsville IN ...... Fisher-Calo ...... LaPorte IN ...... Fort Wayne Reduction Dump ...... Fort Wayne ...... C IN ...... Galen Myers Dump/Drum Salvage ...... Osceola IN ...... Himco Dump ...... Elkhart IN ...... Lake Sandy Jo (M&M Landfill) ...... Gary ...... C IN ...... Lakeland Disposal Service, Inc...... Claypool 30518 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

IN ...... Lemon Lane Landfill ...... Bloomington IN ...... MIDCO I ...... Gary IN ...... MIDCO II ...... Gary IN ...... Main Street Well Field ...... Elkhart ...... C IN ...... Marion (Bragg) Dump ...... Marion IN ...... Neal's Dump (Spencer) ...... Spencer IN ...... Neal's Landfill (Bloomington) ...... Bloomington IN ...... Ninth Avenue Dump ...... Gary ...... C IN ...... Northside Sanitary Landfill, Inc ...... Zionsville IN ...... Prestolite Battery Division ...... Vincennes IN ...... Reilly Tar & Chemical (Indianapolis Plant) ...... Indianapolis IN ...... Seymour Recycling Corp ...... Seymour ...... C,S IN ...... Southside Sanitary Landfill ...... Indianapolis ...... C IN ...... Tippecanoe Sanitary Landfill, Inc ...... Lafayette IN ...... Tri-State Plating ...... Columbus ...... C IN ...... Waste, Inc., Landfill ...... Michigan City IN ...... Wayne Waste Oil ...... Columbia City ...... C IN ...... Whiteford Sales & Service/Nationalease ...... South Bend ...... C KS ...... 57th and North Broadway Streets Site ...... Wichita Heights KS ...... Ace Services ...... Colby KS ...... Chemical Commodities, Inc...... Olathe KS ...... Cherokee County ...... Cherokee County KS ...... Doepke Disposal (Holliday) ...... Johnson County KS ...... Obee Road ...... Hutchinson KS ...... Pester Refinery Co...... El Dorado KS ...... Strother Field Industrial Park ...... Cowley County KS ...... Wright Ground Water Contamination ...... Wright KY ...... Airco ...... Calvert City KY ...... B.F. Goodrich ...... Calvert City KY ...... Brantley Landfill ...... Island KY ...... Caldwell Lace Leather Co., Inc...... Auburn ...... C KY ...... Distler Brickyard ...... West Point ...... C KY ...... Distler Farm ...... Jefferson County ...... C KY ...... Fort Hartford Coal Co. Stone Quarry ...... Olaton KY ...... General Tire & Rubber (Mayfield Landfill) ...... Mayfield ...... C KY ...... Green River Disposal, Inc...... Maceo KY ...... Howe Valley Landfill ...... Howe Valley ...... C KY ...... Maxey Flats Nuclear Disposal ...... Hillsboro KY ...... National Electric Coil/Cooper Industries ...... Dayhoit KY ...... National Southwire Aluminum Co ...... Hawesville KY ...... Red Penn Sanitation Co. Landfill ...... PeeWee Valley KY ...... Smith's Farm ...... Brooks KY ...... Tri-City Disposal Co...... Shepherdsville LA ...... Agriculture Street Landfill ...... New Orleans LA ...... American Creosote Works, Inc (Winnfield) ...... Winnfield LA ...... Bayou Bonfouca ...... Slidell LA ...... Bayou Sorrel Site ...... Bayou Sorrel ...... C LA ...... Cleve Reber ...... Sorrento LA ...... Combustion, Inc...... Denham Springs LA ...... D.L. Mud, Inc...... Abbeville LA ...... Dutchtown Treatment Plant ...... Ascension Parish LA ...... Gulf Coast Vacuum Services ...... Abbeville LA ...... Old Inger Oil Refinery ...... Darrow ...... S LA ...... PAB Oil & Chemical Service, Inc...... Abbeville LA ...... Petro-Processors of Louisiana Inc ...... Scotlandville LA ...... Southern Shipbuilding ...... Slidell MA ...... Atlas Tack Corp ...... Fairhaven MA ...... Baird & McGuire ...... Holbrook MA ...... Blackburn & Union Privileges ...... Walpole MA ...... Cannon Engineering Corp. (CEC) ...... Bridgewater ...... C MA ...... Charles-George Reclamation Landfill ...... Tyngsborough MA ...... Groveland Wells ...... Groveland MA ...... Haverhill Municipal Landfill ...... Haverhill MA ...... Hocomonco Pond ...... Westborough MA ...... Industri-Plex ...... Woburn MA ...... Iron Horse Park ...... Billerica MA ...... New Bedford Site ...... New Bedford ...... S MA ...... Norwood PCBs ...... Norwood MA ...... Nyanza Chemical Waste Dump ...... Ashland MA ...... PSC Resources ...... Palmer MA ...... Re-Solve, Inc...... Dartmouth MA ...... Rose Disposal Pit ...... Lanesboro ...... C Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30519

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

MA ...... Salem Acres ...... Salem MA ...... Shpack Landfill ...... Norton/Attleboro MA ...... Silresim Chemical Corp ...... Lowell MA ...... Sullivan's Ledge ...... New Bedford MA ...... W.R. Grace & Co Inc (Acton Plant) ...... Acton MA ...... Wells G&H ...... Woburn MD ...... Bush Valley Landfill ...... Abingdon MD ...... Kane & Lombard Street Drums ...... Baltimore MD ...... Limestone Road ...... Cumberland MD ...... MId-Atlantic Wood Preservers, Inc ...... Harmans ...... C MD ...... Sand, Gravel & Stone ...... Elkton MD ...... Southern Maryland Wood Treating ...... Hollywood ...... MD ...... Spectron, Inc...... Elkton MD ...... Woodlawn County Landfill ...... Woodlawn ME ...... Eastern Surplus ...... Meddybemps ME ...... McKin Co...... Gray ...... C ME ...... O'Connor Co...... Augusta ME ...... Pinette's Salvage Yard ...... Washburn ME ...... Saco Municipal Landfill ...... Saco ME ...... Saco Tannery Waste Pits ...... Saco ...... C ME ...... Union Chemical Co., Inc...... South Hope ME ...... West Site/Hows Corners ...... Plymouth ME ...... Winthrop Landfill ...... Winthrop MI ...... Adam's Plating ...... Lansing ...... C MI ...... Aircraft Components (D & L Sales) ...... Benton Harbor ...... A MI ...... Albion-Sheridan Township Landfill ...... Albion MI ...... Allied Paper/Portage Ck/Kalamazoo River ...... Kalamazoo MI ...... American Anodco, Inc...... Ionia ...... C MI ...... Auto Ion Chemicals, Inc...... Kalamazoo ...... C MI ...... Avenue ``E'' Ground Water Contamination ...... Traverse City MI ...... Barrels, Inc...... Lansing MI ...... Bendix Corp./Allied Automotive ...... St. Joseph MI ...... Berlin & Farro ...... Swartz Creek MI ...... Bofors Nobel, Inc...... Muskegon MI ...... Burrows Sanitation ...... Hartford ...... C MI ...... Butterworth #2 Landfill ...... Grand Rapids MI ...... Cannelton Industries, Inc...... Saulte Saint Marie MI ...... Carter Industrials, Inc...... Detroit MI ...... Chem Central ...... Wyoming Township ...... C MI ...... Clare Water Supply ...... Clare MI ...... Cliff/Dow Dump ...... Marquette ...... C MI ...... Duell & Gardner Landfill ...... Dalton Township MI ...... Electrovoice ...... Buchanan MI ...... Forest Waste Products ...... Otisville MI ...... G&H Landfill ...... Utica MI ...... Grand Traverse Overall Supply Co ...... Greilickville ...... C MI ...... Gratiot County Landfill ...... St. Louis ...... C,S MI ...... H & K Sales ...... Belding ...... A MI ...... H. Brown Co., Inc ...... Grand Rapids MI ...... Hedblum Industries ...... Oscoda ...... C MI ...... Hi-Mill Manufacturing Co ...... Highland ...... C MI ...... Ionia City Landfill ...... Ionia MI ...... J & L Landfill ...... Rochester Hills MI ...... K&L Avenue Landfill ...... Oshtemo Township MI ...... Kaydon Corp ...... Muskegon MI ...... Kentwood Landfill ...... Kentwood ...... C MI ...... Kysor Industrial Corp ...... Cadillac MI ...... Liquid Disposal, Inc ...... Utica MI ...... Lower Ecorse Creek Dump ...... Wyandotte ...... A MI ...... Mason County Landfill ...... Pere Marquette Twp ...... C MI ...... McGraw Edison Corp ...... Albion MI ...... Metamora Landfill ...... Metamora MI ...... Michigan Disposal (Cork Street Landfill) ...... Kalamazoo MI ...... Motor Wheel, Inc ...... Lansing MI ...... Muskegon Chemical Co ...... Whitehall MI ...... North Bronson Industrial Area ...... Bronson MI ...... Northernaire Plating ...... Cadillac MI ...... Novaco Industries ...... Temperance ...... C MI ...... Organic Chemicals, Inc ...... Grandville MI ...... Ott/Story/Cordova Chemical Co ...... Dalton Township MI ...... Packaging Corp. of America ...... Filer City MI ...... Parsons Chemical Works, Inc ...... Grand Ledge 30520 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

MI ...... Peerless Plating Co ...... Muskegon MI ...... Petoskey Municipal Well Field ...... Petoskey MI ...... Rasmussen's Dump ...... Green Oak Township ...... C MI ...... Rockwell International Corp. (Allegan) ...... Allegan MI ...... Rose Township Dump ...... Rose Township ...... C MI ...... Roto-Finish Co., Inc ...... Kalamazoo MI ...... SCA Independent Landfill ...... Muskegon Heights MI ...... Shiawassee River ...... Howell MI ...... South Macomb Disposal (Landfills 9 & 9A) ...... Macomb Township MI ...... Southwest Ottawa County Landfill ...... Park Township ...... C MI ...... Sparta Landfill ...... Sparta Township MI ...... Spartan Chemical Co ...... Wyoming MI ...... Spiegelberg Landfill ...... Green Oak Township ...... C MI ...... Springfield Township Dump ...... Davisburg MI ...... State Disposal Landfill, Inc ...... Grand Rapids MI ...... Sturgis Municipal Wells ...... Sturgis MI ...... Tar Lake ...... Mancelona Township MI ...... Thermo-Chem, Inc ...... Muskegon MI ...... Torch Lake ...... Houghton County MI ...... U.S. Aviex ...... Howard Township ...... C MI ...... Velsicol Chemical Corp. (Michigan) ...... St. Louis ...... C MI ...... Verona Well Field ...... Battle Creek MI ...... Wash King Laundry ...... Pleasant Plains Twp MI ...... Waste Management of Michigan (Holland) ...... Holland MN ...... Agate Lake Scrapyard ...... Fairview Township ...... C MN ...... Arrowhead Refinery Co ...... Hermantown MN ...... Baytown Township Ground Water Plume ...... Baytown Township MN ...... Burlington Northern (Brainerd/Baxter) ...... Brainerd/Baxter ...... C MN ...... FMC Corp. (Fridley Plant) ...... Fridley ...... C MN ...... Freeway Sanitary Landfill ...... Burnsville MN ...... General Mills/Henkel Corp ...... Minneapolis ...... C MN ...... Joslyn Manufacturing & Supply Co ...... Brooklyn Center MN ...... Koppers Coke ...... St. Paul MN ...... Kurt Manufacturing Co ...... Fridley ...... C MN ...... LaGrand Sanitary Landfill ...... LaGrand Township ...... C MN ...... Lehillier/Mankato Site ...... Lehillier/Mankato ...... C MN ...... Long Prairie Ground Water Contamination ...... Long Prairie MN ...... MacGillis & Gibbs/Bell Lumber & Pole Co ...... New Brighton MN ...... NL Industries/Taracorp/Golden Auto ...... St. Louis Park MN ...... Nutting Truck & Caster Co ...... Faribault ...... C MN ...... Oak Grove Sanitary Landfill ...... Oak Grove Township ...... C MN ...... Oakdale Dump ...... Oakdale ...... C MN ...... Perham Arsenic Site ...... Perham MN ...... Pine Bend Sanitary Landfill ...... Dakota County ...... C MN ...... Reilly Tar&Chem (St. Louis Park Plant) ...... St. Louis Park ...... S MN ...... Ritari Post & Pole ...... Sebeka MN ...... South Andover Site ...... Andover ...... C MN ...... St. Augusta Sanitary Landfill/Engen Dump ...... St. Augusta Township MN ...... St. Louis River Site ...... St. Louis County MN ...... St. Regis Paper Co ...... Cass Lake MN ...... University Minnesota (Rosemount Res Cen) ...... Rosemount ...... C MN ...... Waite Park Wells ...... Waite Park MN ...... Waste Disposal Engineering ...... Andover ...... C MN ...... Whittaker Corp ...... Minneapolis ...... C MN ...... Windom Dump ...... Windom ...... C MO ...... Bee Cee Manufacturing Co ...... Malden MO ...... Big River Mine Tailings/St. Joe Minerals ...... Desloge MO ...... Conservation Chemical Co ...... Kansas City ...... C MO ...... Ellisville Site ...... Ellisville ...... S MO ...... Fulbright Landfill ...... Springfield ...... C MO ...... Kem-Pest Laboratories ...... Cape Girardeau MO ...... Lee Chemical ...... Liberty ...... C MO ...... Minker/Stout/Romaine Creek ...... Imperial MO ...... Missouri Electric Works ...... Cape Girardeau MO ...... Oronogo-Duenweg Mining Belt ...... Jasper County MO ...... Quality Plating ...... Sikeston MO ...... Shenandoah Stables ...... Moscow Mills MO ...... Solid State Circuits, Inc ...... Republic ...... C MO ...... St Louis Airport/HIS/Futura Coatings Co ...... St. Louis County MO ...... Syntex Facility ...... Verona MO ...... Times Beach Site ...... Times Beach MO ...... Valley Park TCE ...... Valley Park Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30521

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

MO ...... Westlake Landfill ...... Bridgeton MO ...... Wheeling Disposal Service Co. Landfill ...... Amazonia ...... C MS ...... Newsom Brothers/Old Reichhold Chemicals ...... Columbia MT ...... Anaconda Co. Smelter ...... Anaconda MT ...... East Helena Site ...... East Helena MT ...... Idaho Pole Co ...... Bozeman MT ...... Libby Ground Water Contamination ...... Libby ...... C MT ...... Milltown Reservoir Sediments ...... Milltown MT ...... Montana Pole and Treating ...... Butte MT ...... Mouat Industries ...... Columbus MT ...... Silver Bow Creek/Butte Area ...... Sil Bow/Deer Lodge NC ...... ABC One Hour Cleaners ...... Jacksonville NC ...... Aberdeen Pesticide Dumps ...... Aberdeen NC ...... Benfield Industries, Inc ...... Hazelwood NC ...... Bypass 601 Ground Water Contamination ...... Concord NC ...... Cape Fear Wood Preserving ...... Fayetteville NC ...... Carolina Transformer Co ...... Fayetteville NC ...... Celanese Corp. (Shelby Fiber Operations) ...... Shelby ...... C NC ...... Charles Macon Lagoon & Drum Storage ...... Cordova NC ...... Chemtronics, Inc ...... Swannanoa ...... C NC ...... FCX, Inc. (Statesville Plant) ...... Statesville NC ...... FCX, Inc. (Washington Plant) ...... Washington NC ...... Geigy Chemical Corp. (Aberdeen Plant) ...... Aberdeen NC ...... General Electric Co/Shepherd Farm ...... East Flat Rock NC ...... JFD Electronics/Channel Master ...... Oxford NC ...... Jadco-Hughes Facility ...... Belmont NC ...... Koppers Co. Inc. (Morrisville Plant) ...... Morrisville NC ...... Martin-Marietta, Sodyeco, Inc ...... Charlotte NC ...... NC State University (Lot 86, Farm Unit #1) ...... Raleigh NC ...... National Starch & Chemical Corp ...... Salisbury NC ...... New Hanover Cnty Airport Burn Pit ...... Wilmington NC ...... Potter's Septic Tank Service Pits ...... Maco ND ...... Arsenic Trioxide Site ...... Southeastern ND ...... C,S ND ...... Minot Landfill ...... Minot NE ...... 10th Street Site ...... Columbus NE ...... Bruno Co-op Association/Associated Prop ...... Bruno NE ...... Cleburn Street Well ...... Grand Island NE ...... Hastings Ground Water Contamination ...... Hastings NE ...... Lindsay Manufacturing Co ...... Lindsay ...... C NE ...... Nebraska Ordnance Plant (Former) ...... Mead NE ...... Ogallala Ground Water Contamination ...... Ogallala NE ...... Sherwood Medical Co ...... Norfolk NE ...... Waverly Ground Water Contamination ...... Waverly ...... C NH ...... Auburn Road Landfill ...... Londonderry NH ...... Coakley Landfill ...... North Hampton NH ...... Dover Municipal Landfill ...... Dover NH ...... Fletcher's Paint Works & Storage ...... Milford NH ...... Kearsarge Metallurgical Corp ...... Conway ...... C NH ...... Keefe Environmental Services ...... Epping ...... C NH ...... Mottolo Pig Farm ...... Raymond ...... C NH ...... New Hampshire Plating Co ...... Merrimack NH ...... Ottati & Goss/Kingston Steel Drum ...... Kingston NH ...... Savage Municipal Water Supply ...... Milford NH ...... Somersworth Sanitary Landfill ...... Somersworth NH ...... South Municipal Water Supply Well ...... Peterborough ...... C NH ...... Sylvester ...... Nashua ...... C,S NH ...... Tibbetts Road ...... Barrington NH ...... Tinkham Garage ...... Londonderry ...... C NH ...... Town Garage/Radio Beacon ...... Londonderry ...... C NJ ...... A. O. Polymer ...... Sparta Township NJ ...... American Cyanamid Co ...... Bound Brook NJ ...... Asbestos Dump ...... Millington NJ ...... Bog Creek Farm ...... Howell Township ...... C NJ ...... Brick Township Landfill ...... Brick Township NJ ...... Bridgeport Rental & Oil Services ...... Bridgeport NJ ...... Brook Industrial Park ...... Bound Brook NJ ...... Burnt Fly Bog ...... Marlboro Township NJ ...... CPS/Madison Industries ...... Old Bridge Township NJ ...... Caldwell Trucking Co ...... Fairfield NJ ...... Chemical Control ...... Elizabeth ...... C NJ ...... Chemical Insecticide Corp ...... Edison Township NJ ...... Chemical Leaman Tank Lines, Inc ...... Bridgeport 30522 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

NJ ...... Chemsol, Inc ...... Piscataway NJ ...... Ciba-Geigy Corp ...... Toms River NJ ...... Cinnaminson Ground Water Contamination ...... Cinnaminson Township NJ ...... Combe Fill North Landfill ...... Mount Olive Township ...... C NJ ...... Combe Fill South Landfill ...... Chester Township NJ ...... Cosden Chemical Coatings Corp ...... Beverly NJ ...... Curcio Scrap Metal, Inc ...... Saddle Brook Township NJ ...... D'Imperio Property ...... Hamilton Township NJ ...... Dayco Corp./L.E Carpenter Co ...... Wharton Borough NJ ...... De Rewal Chemical Co ...... Kingwood Township NJ ...... Delilah Road ...... Egg Harbor Township NJ ...... Denzer & Schafer X-Ray Co ...... Bayville ...... C NJ ...... Diamond Alkali Co ...... Newark NJ ...... Dover Municipal Well 4 ...... Dover Township NJ ...... Ellis Property ...... Evesham Township NJ ...... Evor Phillips Leasing ...... Old Bridge Township NJ ...... Ewan Property ...... Shamong Township NJ ...... Fair Lawn Well Field ...... Fair Lawn NJ ...... Florence Land Recontouring Landfill ...... Florence Township NJ ...... Franklin Burn ...... Franklin Township NJ ...... Fried Industries ...... East Brunswick Township NJ ...... GEMS Landfill ...... Gloucester Township NJ ...... Garden State Cleaners Co ...... Minotola NJ ...... Glen Ridge Radium Site ...... Glen Ridge NJ ...... Global Sanitary Landfill ...... Old Bridge Township NJ ...... Goose Farm ...... Plumstead Township ...... C NJ ...... Helen Kramer Landfill ...... Mantua Township ...... C NJ ...... Hercules, Inc. (Gibbstown Plant) ...... Gibbstown NJ ...... Higgins Disposal ...... Kingston NJ ...... Higgins Farm ...... Franklin Township NJ ...... Hopkins Farm ...... Plumstead Township NJ ...... Horseshoe Road ...... Sayreville NJ ...... Imperial Oil Co., Inc./Champion Chemicals ...... Morganville NJ ...... Industrial Latex Corp ...... Wallington Borough NJ ...... JIS Landfill ...... Jamesburg/S. Brnswck NJ ...... Kauffman & Minteer, Inc ...... Jobstown NJ ...... Kin-Buc Landfill ...... Edison Township NJ ...... King of Prussia ...... Winslow Township ...... C NJ ...... Landfill & Development Co ...... Mount Holly NJ ...... Lang Property ...... Pemberton Township ...... C NJ ...... Lipari Landfill ...... Pitman NJ ...... Lodi Municipal Well ...... Lodi ...... C NJ ...... Lone Pine Landfill ...... Freehold Township ...... C NJ ...... Mannheim Avenue Dump ...... Galloway Township ...... C NJ ...... Maywood Chemical Co ...... Maywood/Rochelle Park NJ ...... Metaltec/Aerosystems ...... Franklin Borough NJ ...... Monitor Devices/Intercircuits Inc ...... Wall Township NJ ...... Montclair/West Orange Radium Site ...... Montclair/W Orange NJ ...... Montgomery Township Housing Development ...... Montgomery Township NJ ...... Myers Property ...... Franklin Township NJ ...... NL Industries ...... Pedricktown NJ ...... Nascolite Corp ...... Millville NJ ...... PJP Landfill ...... Jersey City NJ ...... Pepe Field ...... Boonton NJ ...... Pijak Farm ...... Plumstead Township NJ ...... Pohatcong Valley Ground Water Contaminat ...... Warren County NJ ...... Pomona Oaks Residential Wells ...... Galloway Township ...... C NJ ...... Price Landfill ...... Pleasantville ...... S NJ ...... Radiation Technology, Inc ...... Rockaway Township NJ ...... Reich Farms ...... Pleasant Plains NJ ...... Renora, Inc ...... Edison Township NJ ...... Rockaway Borough Well Field ...... Rockaway Township NJ ...... Rockaway Township Wells ...... Rockaway NJ ...... Rocky Hill Municipal Well ...... Rocky Hill Borough NJ ...... Roebling Steel Co ...... Florence NJ ...... Sayreville Landfill ...... Sayreville NJ ...... Scientific Chemical Processing ...... Carlstadt NJ ...... Sharkey Landfill ...... Parsippany/Troy Hls NJ ...... Shieldalloy Corp ...... Newfield Borough NJ ...... South Brunswick Landfill ...... South Brunswick ...... C NJ ...... South Jersey Clothing Co ...... Minotola NJ ...... Spence Farm ...... Plumstead Township Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30523

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

NJ ...... Swope Oil & Chemical Co ...... Pennsauken NJ ...... Syncon Resins ...... South Kearny NJ ...... Tabernacle Drum Dump ...... Tabernacle Township ...... C NJ ...... U.S. Radium Corp ...... Orange NJ ...... Universal Oil Products (Chemical Division) ...... East Rutherford NJ ...... Upper Deerfield Township Sanit. Landfill ...... Upper Deerfield Township ...... C NJ ...... Ventron/Velsicol ...... Wood Ridge Borough NJ ...... Vineland Chemical Co., Inc ...... Vineland NJ ...... Vineland State School ...... Vineland ...... C NJ ...... Waldick Aerospace Devices, Inc ...... Wall Township NJ ...... Welsbach & General Gas Mantle (Camden) ...... Camden and Gloucester City NJ ...... White Chemical Corp ...... Newark ...... A NJ ...... Williams Property ...... Swainton ...... C NJ ...... Wilson Farm ...... Plumstead Township ...... C NJ ...... Woodland Route 532 Dump ...... Woodland Township NJ ...... Woodland Route 72 Dump ...... Woodland Township NM ...... AT & SF (Clovis) ...... Clovis NM ...... AT&SF (Albuquerque) ...... Albuquerque NM ...... Cimarron Mining Corp ...... Carrizozo ...... C NM ...... Cleveland Mill ...... Silver City NM ...... Homestake Mining Co ...... Milan NM ...... Prewitt Abandoned Refinery ...... Prewitt NM ...... South Valley ...... Albuquerque ...... S NM ...... United Nuclear Corp ...... Church Rock NV ...... Carson River Mercury Site ...... Lyon/Churchill Cnty NY ...... American Thermostat Co ...... South Cairo NY ...... Anchor Chemicals ...... Hicksville NY ...... Applied Environmental Services ...... Glenwood Landing NY ...... Batavia Landfill ...... Batavia NY ...... Brewster Well Field ...... Putnam County NY ...... Byron Barrel & Drum ...... Byron NY ...... Carroll & Dubies Sewage Disposal ...... Port Jervis NY ...... Circuitron Corp ...... East Farmingdale NY ...... Claremont Polychemical ...... Old Bethpage NY ...... Colesville Municipal Landfill ...... Town of Colesville NY ...... Conklin Dumps ...... Conklin NY ...... Cortese Landfill ...... Village of Narrowsburg NY ...... Endicott Village Well Field ...... Village of Endicott NY ...... FMC Corp. (Dublin Road Landfill) ...... Town of Shelby NY ...... Facet Enterprises, Inc ...... Elmira NY ...... Forest Glen Mobile Home Subdivision ...... Niagara Falls ...... A NY ...... Fulton Terminals ...... Fulton NY ...... GCL Tie & Treating Inc ...... Village of Sidney NY ...... GE Moreau ...... South Glen Falls NY ...... General Motors (Central Foundry Division) ...... Massena s NY ...... Genzale Plating Co ...... Franklin Square NY ...... Goldisc Recordings, Inc ...... Holbrook NY ...... Haviland Complex ...... Town of Hyde Park NY ...... Hertel Landfill ...... Plattekill NY ...... Hooker (102nd Street) ...... Niagara Falls NY ...... Hooker (Hyde Park) ...... Niagara Falls NY ...... Hooker (S Area) ...... Niagara Falls NY ...... Hooker Chemical/Ruco Polymer Corp ...... Hicksville NY ...... Hudson River PCBs ...... Hudson River NY ...... Islip Municipal Sanitary Landfill ...... Islip NY ...... Johnstown City Landfill ...... Town of Johnstown NY ...... Jones Chemicals, Inc ...... Caledonia NY ...... Jones Sanitation ...... Hyde Park NY ...... Katonah Municipal Well ...... Town of Bedford ...... C NY ...... Kentucky Avenue Well Field ...... Horseheads NY ...... Li Tungsten Corp ...... Glen Cove NY ...... Liberty Industrial Finishing ...... Farmingdale NY ...... Little Valley ...... Little Valley ...... A NY ...... Love Canal ...... Niagara Falls NY ...... Ludlow Sand & Gravel ...... Clayville NY ...... Malta Rocket Fuel Area ...... Malta NY ...... Marathon Battery Corp ...... Cold Springs ...... C NY ...... Mattiace Petrochemical Co., Inc ...... Glen Cove NY ...... Mercury Refining, Inc ...... Colonie NY ...... Nepera Chemical Co., Inc ...... Maybrook NY ...... Niagara County Refuse ...... Wheatfield NY ...... Niagara Mohawk Power Co. (Saratoga Springs) ...... Saratoga Springs 30524 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

NY ...... North Sea Municipal Landfill ...... North Sea ...... C NY ...... Old Bethpage Landfill ...... Oyster Bay ...... C NY ...... Olean Well Field ...... Olean NY ...... Onondaga Lake ...... Syracuse NY ...... Pasley Solvents & Chemicals, Inc ...... Hempstead NY ...... Pfohl Brothers Landfill ...... Cheektowaga NY ...... Pollution Abatement Services ...... Oswego ...... S NY ...... Port Washington Landfill ...... Port Washington NY ...... Preferred Plating Corp ...... Farmingdale NY ...... Ramapo Landfill ...... Ramapo NY ...... Richardson Hill Road Landfill/Pond ...... Sidney Center NY ...... Robintech, Inc./National Pipe Co ...... Town of Vestal NY ...... Rosen Brothers Scrap Yard/Dump ...... Cortland NY ...... Rowe Industries Gnd Water Contamination ...... Noyack/Sag Harbor NY ...... SMS Instruments, Inc ...... Deer Park ...... C NY ...... Sarney Farm ...... Amenia NY ...... Sealand Restoration, Inc ...... Lisbon NY ...... Sidney Landfill ...... Sidney NY ...... Sinclair Refinery ...... Wellsville NY ...... Solvent Savers ...... Lincklaen NY ...... Syosset Landfill ...... Oyster Bay NY ...... Tri-Cities Barrel Co., Inc ...... Port Crane NY ...... Tronic Plating Co., Inc ...... Farmingdale ...... C NY ...... Vestal Water Supply Well 1±1 ...... Vestal NY ...... Vestal Water Supply Well 4±2 ...... Vestal NY ...... Volney Municipal Landfill ...... Town of Volney NY ...... Warwick Landfill ...... Warwick NY ...... York Oil Co ...... Moira OH ...... Allied Chemical & Ironton Coke ...... Ironton OH ...... Alsco Anaconda ...... Gnadenhutten OH ...... Arcanum Iron & Metal ...... Darke County OH ...... Big D Campground ...... Kingsville ...... C OH ...... Bowers Landfill ...... Circleville ...... C OH ...... Buckeye Reclamation ...... St. Clairsville OH ...... Chem-Dyne ...... Hamilton ...... C,S OH ...... Coshocton Landfill ...... Franklin Township OH ...... E.H. Schilling Landfill ...... Hamilton Township ...... C OH ...... Fields Brook ...... Ashtabula OH ...... Fultz Landfill ...... Jackson Township OH ...... Industrial Excess Landfill ...... Uniontown OH ...... Laskin/Poplar Oil Co ...... Jefferson Township ...... C OH ...... Miami County Incinerator ...... Troy OH ...... Nease Chemical ...... Salem OH ...... New Lyme Landfill ...... New Lyme ...... C OH ...... North Sanitary Landfill ...... Dayton OH ...... Old Mill ...... Rock Creek ...... C OH ...... Ormet Corp ...... Hannibal OH ...... Powell Road Landfill ...... Dayton OH ...... Pristine, Inc ...... Reading OH ...... Reilly Tar & Chemical (Dover Plant) ...... Dover OH ...... Republic Steel Corp. Quarry ...... Elyria ...... C OH ...... Sanitary Landfill Co. (Industrial Waste) ...... Dayton OH ...... Skinner Landfill ...... West Chester OH ...... South Point Plant ...... South Point OH ...... Summit National ...... Deerfield Township ...... C OH ...... TRW, Inc. (Minerva Plant) ...... Minerva ...... C OH ...... United Scrap Lead Co., Inc ...... Troy OH ...... Van Dale Junkyard ...... Marietta OH ...... Zanesville Well Field ...... Zanesville OK ...... Compass Industries (Avery Drive) ...... Tulsa ...... C OK ...... Double Eagle Refinery Co ...... Oklahoma City OK ...... Fourth Street Abandoned Refinery ...... Oklahoma City OK ...... Hardage/Criner ...... Criner OK ...... Mosley Road Sanitary Landfill ...... Oklahoma City OK ...... Oklahoma Refining Co ...... Cyril OK ...... Sand Springs Petrochemical Complex ...... Sand Springs OK ...... Tar Creek (Ottawa County) ...... Ottawa County OK ...... Tenth Street Dump/Junkyard ...... Oklahoma City OR ...... Gould, Inc ...... Portland OR ...... Joseph Forest Products ...... Joseph ...... C OR ...... Martin-Marietta Aluminum Co ...... The Dalles ...... C OR ...... McCormick & Baxter Creos. Co. (Portland) ...... Portland Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30525

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

OR ...... Northwest Pipe & Casing Co ...... Clackamas OR ...... Reynolds Metals Company ...... Troutdale OR ...... Teledyne Wah Chang ...... Albany OR ...... Union Pacific Railroad Tie Treatment ...... The Dalles OR ...... United Chrome Products, Inc ...... Corvallis ...... C PA ...... A.I.W. Frank/Mid-County Mustang ...... Exton PA ...... AMP, Inc. (Glen Rock Facility) ...... Glen Rock PA ...... Aladdin Plating ...... Scott Township PA ...... Ambler Asbestos Piles ...... Ambler ...... C PA ...... Austin Avenue Radiation Site ...... Delaware County ...... A PA ...... Avco Lycoming (Williamsport Division) ...... Williamsport PA ...... Bally Ground Water Contamination ...... Bally Borough PA ...... Bell Landfill ...... Terry Township PA ...... Bendix Flight Systems Division ...... Bridgewater Township PA ...... Berkley Products Co. Dump ...... Denver PA ...... Berks Landfill ...... Spring Township PA ...... Berks Sand Pit ...... Longswamp Township ...... C PA ...... Blosenski Landfill ...... West Caln Township PA ...... Boarhead Farms ...... Bridgeton Township PA ...... Breslube-Penn, Inc ...... Coraopolis PA ...... Brodhead Creek ...... Stroudsburg PA ...... Brown's Battery Breaking ...... Shoemakersville PA ...... Bruin Lagoon ...... Bruin Borough ...... C PA ...... Butler Mine Tunnel ...... Pittston PA ...... Butz Landfill ...... Stroudsburg PA ...... C & D Recycling ...... Foster Township PA ...... Centre County Kepone ...... State College Borough PA ...... Commodore Semiconductor Group ...... Lower Providence Township PA ...... Craig Farm Drum ...... Parker ...... C PA ...... Crater Resources/Keystone Coke/Alan Wood ...... Upper Merion Township PA ...... Crossley Farm ...... Hereford Township PA ...... Croydon TCE ...... Croydon PA ...... CryoChem, Inc ...... Worman PA ...... Delta Quarries & Disp./Stotler Landfill ...... Antis/Logan Twps PA ...... Dorney Road Landfill ...... Upper Macungie Township PA ...... Douglassville Disposal ...... Douglassville PA ...... Drake Chemical ...... Lock Haven PA ...... Dublin TCE Site ...... Dublin Borough PA ...... East Mount Zion ...... Springettsbury Township PA ...... Eastern Diversified Metals ...... Hometown PA ...... Elizabethtown Landfill ...... Elizabethtown PA ...... Fischer & Porter Co ...... Warminster PA ...... Foote Mineral Co ...... East Whiteland Township PA ...... Havertown PCP ...... Haverford PA ...... Hebelka Auto Salvage Yard ...... Weisenberg Township ...... C PA ...... Heleva Landfill ...... North Whitehall Township PA ...... Hellertown Manufacturing Co ...... Hellertown PA ...... Henderson Road ...... Upper Merion Township ...... C PA ...... Hranica Landfill ...... Buffalo Township ...... C PA ...... Hunterstown Road ...... Straban Township PA ...... Industrial Lane ...... Williams Township PA ...... Jacks Creek/Sitkin Smelting and Refinery ...... Maitland PA ...... Keystone Sanitation Landfill ...... Union Township PA ...... Kimberton Site ...... Kimberton Borough ...... C PA ...... Lackawanna Refuse ...... Old Forge Borough ...... C PA ...... Lindane Dump ...... Harrison Township PA ...... Lord-Shope Landfill ...... Girard Township PA ...... MW Manufacturing ...... Valley Township PA ...... Malvern TCE ...... Malvern PA ...... McAdoo Associates ...... McAdoo Borough ...... C,S PA ...... Metal Banks ...... Philadelphia PA ...... Metropolitan Mirror and Glass ...... Frackville PA ...... Middletown Air Field ...... Middletown PA ...... Mill Creek Dump ...... Erie PA ...... Modern Sanitation Landfill ...... Lower Windsor Township PA ...... Moyers Landfill ...... Eagleville PA ...... North PennÐArea 1 ...... Souderton PA ...... North PennÐArea 12 ...... Worcester PA ...... North PennÐArea 2 ...... Hatfield PA ...... North PennÐArea 5 ...... Montgomery Township PA ...... North PennÐArea 6 ...... Lansdale PA ...... North PennÐArea 7 ...... North Wales 30526 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

PA ...... Novak Sanitary Landfill ...... South Whitehall Township PA ...... Occidental Chemical Corp./Firestone Tire ...... Lower Pottsgrove Township PA ...... Ohio River Park ...... Neville Island PA ...... Old City of York Landfill ...... Seven Valleys PA ...... Osborne Landfill ...... Grove City PA ...... Palmerton Zinc Pile ...... Palmerton PA ...... Paoli Rail Yard ...... Paoli PA ...... Publicker Industries Inc ...... Philadephia PA ...... Raymark ...... Hatboro ...... C PA ...... Recticon/Allied Steel Corp ...... East Coventry Twp PA ...... Resin Disposal ...... Jefferson Borough PA ...... Revere Chemical Co ...... Nockamixon Township PA ...... River Road Landfill/Waste Mngmnt, Inc ...... Hermitage PA ...... Rodale Manufacturing Co., Inc ...... Emmaus Borough PA ...... Route 940 Drum Dump ...... Pocono Summit ...... C PA ...... Saegertown Industrial Area ...... Saegertown PA ...... Shriver's Corner ...... Straban Township PA ...... Stanley Kessler ...... King of Prussia PA ...... Strasburg Landfill ...... Newlin Township PA ...... Taylor Borough Dump ...... Taylor Borough ...... C PA ...... Tonolli Corp ...... Nesquehoning PA ...... Tysons Dump ...... Upper Merion Twp PA ...... UGI Columbia Gas Plant ...... Columbia PA ...... Walsh Landfill ...... Honeybrook Township PA ...... Westinghouse Electronic (Sharon Plant) ...... Sharon PA ...... Westinghouse Elevator Co. Plant ...... Gettysburg PA ...... Whitmoyer Laboratories ...... Jackson Township PA ...... William Dick Lagoons ...... West Caln Township PA ...... York County Solid Waste/Refuse Landfill ...... Hopewell Township ...... C PR ...... Barceloneta Landfill ...... Florida Afuera PR ...... Fibers Public Supply Wells ...... Jobos PR ...... Frontera Creek ...... Rio Abajo PR ...... GE Wiring Devices ...... Juana Diaz PR ...... Juncos Landfill ...... Juncos PR ...... RCA Del Caribe ...... Barceloneta PR ...... Upjohn Facility ...... Barceloneta PR ...... Vega Alta Public Supply Wells ...... Vega Alta RI ...... Central Landfill ...... Johnston RI ...... Davis (GSR) Landfill ...... Glocester RI ...... Davis Liquid Waste ...... Smithfield RI ...... Landfill & Resource Recovery, Inc. (L&RR) ...... North Smithfield RI ...... Peterson/Puritan, Inc ...... Lincoln/Cumberland RI ...... Picillo Farm ...... Coventry ...... S RI ...... Rose Hill Regional Landfill ...... South Kingston RI ...... Stamina Mills, Inc ...... North Smithfield RI ...... West Kingston Town Dump/URI Disposal ...... South Kingston RI ...... Western Sand & Gravel ...... Burrillville ...... C SC ...... Aqua-Tech Environmental Inc (Groce Labs) ...... Greer SC ...... Beaunit Corp. (Circular Knit & Dye) ...... Fountain Inn SC ...... Carolawn, Inc ...... Fort Lawn SC ...... Elmore Waste Disposal ...... Greer SC ...... Geiger (C & M Oil) ...... Rantoules SC ...... Golden Strip Septic Tank Service ...... Simpsonville SC ...... Helena Chemical Co. Landfill ...... Fairfax SC ...... Kalama Specialty Chemicals ...... Beaufort SC ...... Koppers Co., Inc. (Charleston Plant) ...... Charleston SC ...... Koppers Co., Inc. (Florence Plant) ...... Florence SC ...... Leonard Chemical Co., Inc ...... Rock Hill SC ...... Lexington County Landfill Area ...... Cayce SC ...... Medley Farm Drum Dump ...... Gaffney ...... C SC ...... Palmetto Recycling, Inc ...... Columbia SC ...... Palmetto Wood Preserving ...... Dixiana SC ...... Para-Chem Southern, Inc ...... Simpsonville SC ...... Rochester Property ...... Travelers Rest ...... C SC ...... Rock Hill Chemical Co ...... Rock Hill SC ...... SCRDI Bluff Road ...... Columbia ...... S SC ...... SCRDI Dixiana ...... Cayce ...... C SC ...... Sangamo Weston/Twelve-Mile/Hartwell PCB ...... Pickens SC ...... Townsend Saw Chain Co ...... Pontiac SC ...... Wamchem, Inc ...... Burton SD ...... Whitewood Creek ...... Whitewood ...... C,S SD ...... Williams Pipe Line Co. Disposal Pit ...... Sioux Falls ...... C Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30527

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

TN ...... American Creosote Works, (Jackson Plant) ...... Jackson TN ...... Arlington Blending & Packaging ...... Arlington TN ...... Carrier Air Conditioning Co ...... Collierville ...... C TN ...... Chemet Co ...... Moscow TN ...... ICG Iselin Railroad Yard ...... Jackson TN ...... Mallory Capacitor Co ...... Waynesboro TN ...... Murray-Ohio Dump ...... Lawrenceburg TN ...... North Hollywood Dump ...... Memphis ...... S TN ...... Tennessee Products ...... Chattanooga ...... A TN ...... Velsicol Chemical Corp (Hardeman County) ...... Toone TN ...... Wrigley Charcoal Plant ...... Wrigley TX ...... ALCOA (Point Comfort)/Lavaca Bay ...... Point Comfort TX ...... Bailey Waste Disposal ...... Bridge City TX ...... Bio-Ecology Systems, Inc ...... Grand Prairie ...... C TX ...... Brio Refining, Inc ...... Friendswood TX ...... Crystal Chemical Co ...... Houston TX ...... Dixie Oil Processors, Inc ...... Friendswood ...... C TX ...... French, Ltd ...... Crosby ...... C TX ...... Geneva Industries/Fuhrmann Energy ...... Houston ...... C TX ...... Highlands Acid Pit ...... Highlands ...... C TX ...... Koppers Co Inc (Texarkana Plant) ...... Texarkana TX ...... Motco, Inc ...... La Marque ...... S TX ...... North Cavalcade Street ...... Houston TX ...... Odessa Chromium #1 ...... Odessa ...... C TX ...... Odessa Chromium #2 (Andrews Highway) ...... Odessa ...... C TX ...... Petro-Chemical Systems, (Turtle Bayou) ...... Liberty County TX ...... RSR Corp ...... Dallas TX ...... Sheridan Disposal Services ...... Hempstead TX ...... Sikes Disposal Pits ...... Crosby ...... C TX ...... Sol Lynn/Industrial Transformers ...... Houston ...... C TX ...... South Cavalcade Street ...... Houston TX ...... Texarkana Wood Preserving Co ...... Texarkana TX ...... Triangle Chemical Co ...... Bridge City ...... C TX ...... United Creosoting Co ...... Conroe UT ...... Midvale Slag ...... Midvale UT ...... Monticello Radioactive Contaminated Prop ...... Monticello UT ...... Petrochem Recycling Corp./Ekotek Plant ...... Salt Lake City UT ...... Portland Cement (Kiln Dust 2 & 3) ...... Salt Lake City UT ...... Rose Park Sludge Pit ...... Salt Lake City ...... C,S UT ...... Sharon Steel Corp. (Midvale Tailings) ...... Midvale UT ...... Utah Power & Light/American Barrel Co ...... Salt Lake City UT ...... Wasatch Chemical Co (Lot 6) ...... Salt Lake City VA ...... Abex Corp ...... Portsmouth VA ...... Arrowhead Associates/Scovill Corp ...... Montross VA ...... Atlantic Wood Industries, Inc ...... Portsmouth VA ...... Avtex Fibers, Inc ...... Front Royal VA ...... Buckingham County Landfill ...... Buckingham VA ...... C & R Battery Co., Inc ...... Chesterfield County ...... C VA ...... Chisman Creek ...... York County ...... C VA ...... Culpeper Wood Preservers, Inc ...... Culpeper VA ...... Dixie Caverns County Landfill ...... Salem VA ...... First Piedmont Rock Quarry (Route 719) ...... Pittsylvania County ...... C VA ...... Greenwood Chemical Co ...... Newtown VA ...... H & H Inc., Burn Pit ...... Farrington VA ...... L.A. Clarke & Son ...... Spotsylvania County VA ...... Rentokil, Inc. (VA Wood Preserving Div) ...... Richmond VA ...... Rhinehart Tire Fire Dump ...... Frederick County VA ...... Saltville Waste Disposal Ponds ...... Saltville VA ...... Saunders Supply Co ...... Chuckatuck VA ...... U.S. Titanium ...... Piney River VI ...... Island Chemical Corp/V.I. Chemical Corp ...... Christiansted VI ...... Tutu Wellfield ...... Tutu VT ...... BFI Sanitary Landfill (Rockingham) ...... Rockingham VT ...... Bennington Municipal Sanitary Landfill ...... Bennington VT ...... Burgess Brothers Landfill ...... Woodford VT ...... Darling Hill Dump ...... Lyndon ...... C VT ...... Old Springfield Landfill ...... Springfield ...... C VT ...... Parker Sanitary Landfill ...... Lyndon VT ...... Pine Street Canal ...... Burlington ...... S VT ...... Tansitor Electronics, Inc ...... Bennington WA ...... ALCOA (Vancouver Smelter) ...... Vancouver WA ...... American Crossarm & Conduit Co ...... Chehalis 30528 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

WA ...... Boomsnub/Airco ...... Vancouver S WA ...... Centralia Municipal Landfill ...... Centralia WA ...... Colbert Landfill ...... Colbert WA ...... Commencement Bay, Near Shore/Tide Flats ...... Pierce County WA ...... Commencement Bay, South Tacoma Channel ...... Tacoma WA ...... FMC Corp. (Yakima Pit) ...... Yakima ...... C WA ...... Frontier Hard Chrome, Inc ...... Vancouver WA ...... General Electric Co. (Spokane Shop) ...... Spokane WA ...... Greenacres Landfill ...... Spokane County WA ...... Harbor Island (Lead) ...... Seattle WA ...... Hidden Valley Landfill (Thun Field) ...... Pierce County WA ...... Kaiser Aluminum Mead Works ...... Mead WA ...... Lakewood Site ...... Lakewood ...... C WA ...... Mica Landfill ...... Mica WA ...... Midway Landfill ...... Kent WA ...... Moses Lake Wellfield Contamination ...... Moses Lake WA ...... North Market Street ...... Spokane WA ...... Northside Landfill ...... Spokane ...... C WA ...... Northwest Transformer ...... Everson ...... C WA ...... Northwest Transformer (South Harkness St) ...... Everson ...... C WA ...... Old Inland Pit ...... Spokane WA ...... Pacific Car & Foundry Co ...... Renton WA ...... Pacific Sound Resources ...... Seattle WA ...... Pasco Sanitary Landfill ...... Pasco WA ...... Queen City Farms ...... Maple Valley WA ...... Seattle Municipal Landfill (Kent Hghlnds) ...... Kent ...... C WA ...... Silver Mountain Mine ...... Loomis ...... C WA ...... Spokane Junkyard/Associated Properties ...... Spokane WA ...... Tulalip Landfill ...... Marysville WA ...... Vancouver Water Station #1 Contamination ...... Vancouver WA ...... Vancouver Water Station #4 Contamination ...... Vancouver WA ...... Western Processing Co., Inc ...... Kent ...... C WA ...... Wyckoff Co./Eagle Harbor ...... Bainbridge Island WI ...... Algoma Municipal Landfill ...... Algoma ...... C WI ...... Better Brite Plating Chrome & Zinc Shops ...... DePere WI ...... City Disposal Corp. Landfill ...... Dunn WI ...... Delavan Municipal Well #4 ...... Delavan WI ...... Eau Claire Municipal Well Field ...... Eau Claire ...... C WI ...... Fadrowski Drum Disposal ...... Franklin ...... C WI ...... Hagen Farm ...... Stoughton WI ...... Hechimovich Sanitary Landfill ...... Williamstown WI ...... Hunts Disposal Landfill ...... Caledonia WI ...... Janesville Ash Beds ...... Janesville WI ...... Janesville Old Landfill ...... Janesville WI ...... Kohler Co. Landfill ...... Kohler WI ...... Lauer I Sanitary Landfill ...... Menomonee Falls WI ...... Lemberger Landfill, Inc ...... Whitelaw WI ...... Lemberger Transport & Recycling ...... Franklin Township WI ...... Madison Metropolitan Sewerage District ...... Blooming Grove WI ...... Master Disposal Service Landfill ...... Brookfield WI ...... Mid-State Disposal, Inc. Landfill ...... Cleveland Township ...... C WI ...... Moss-American (Kerr-McGee Oil Co.) ...... Milwaukee WI ...... Muskego Sanitary Landfill ...... Muskego WI ...... N.W. Mauthe Co., Inc ...... Appleton ...... S WI ...... National Presto Industries, Inc ...... Eau Claire WI ...... Northern Engraving Co ...... Sparta ...... C WI ...... Oconomowoc Electroplating Co. Inc ...... Ashippin WI ...... Omega Hills North Landfill ...... Germantown WI ...... Onalaska Municipal Landfill ...... Onalaska ...... C WI ...... Penta Wood Products ...... Daniels WI ...... Refuse Hideaway Landfill ...... Middleton WI ...... Ripon City Landfill ...... Ripon WI ...... Sauk County Landfill ...... Excelsior ...... C WI ...... Schmalz Dump ...... Harrison ...... C WI ...... Scrap Processing Co., Inc ...... Medford WI ...... Sheboygan Harbor & River ...... Sheboygan WI ...... Spickler Landfill ...... Spencer WI ...... Stoughton City Landfill ...... Stoughton WI ...... Tomah Armory ...... Tomah WI ...... Tomah Fairgrounds ...... Tomah WI ...... Tomah Municipal Sanitary Landfill ...... Tomah WI ...... Waste Mgmt of WI (Brookfield Sanit LF) ...... Brookfield Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30529

TABLE 1.ÐGENERAL SUPERFUND SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

WI ...... Wausau Ground Water Contamination ...... Wausau ...... C WI ...... Wheeler Pit ...... La Prairie Township ...... C WV ...... Fike Chemical, Inc ...... Nitro WV ...... Follansbee Site ...... Follansbee WV ...... Leetown Pesticide ...... Leetown ...... C WV ...... Ordnance Works Disposal Areas ...... Morgantown WY ...... Baxter/Union Pacific Tie Treating ...... Laramie WY ...... Mystery Bridge Rd/U.S. Highway 20 ...... Evansville ...... C (a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be > 28.50). C = Sites on construction completion list. S = State top priority (included among the 100 top priority sites regardless of score).

TABLE 2.ÐFEDERAL FACILITIES SECTION, JUNE 1996

State Site name City/county Notes(a)

AK ...... Adak Naval Air Station ...... Adak AK ...... Eielson Air Force Base ...... Fairbanks N Star Borough AK ...... Elmendorf Air Force Base ...... Greater Anchorage Borough AK ...... Fort Richardson (USARMY) ...... Anchorage AK ...... Fort Wainwright ...... Fairbanks N Star Borough AK ...... Standard Steel&Metals Salvage Yard(USDOT ...... Anchorage AL ...... Alabama Army Ammunition Plant ...... Childersburg AL ...... Anniston Army Depot (SE Industrial Area) ...... Anniston AL ...... Redstone Arsenal (USARMY/NASA) ...... Huntsville AZ ...... Luke Air Force Base ...... Glendale AZ ...... Williams Air Force Base ...... Chandler AZ ...... Yuma Marine Corps Air Station ...... Yuma CA ...... Barstow Marine Corps Logistics Base ...... Barstow CA ...... Camp Pendleton Marine Corps Base ...... San Diego County CA ...... Castle Air Force Base ...... Merced CA ...... Concord Naval Weapons Station ...... Concord CA ...... Edwards Air Force Base ...... Kern County CA ...... El Toro Marine Corps Air Station ...... El Toro CA ...... Fort Ord ...... Marina CA ...... George Air Force Base ...... Victorville CA ...... Jet Propulsion Laboratory (NASA) ...... Pasadena CA ...... LEHR/Old Campus Landfill (USDOE) ...... Davis CA ...... Lawrence Livermore Lab Site 300 (USDOE) ...... Livermore CA ...... Lawrence Livermore Laboratory (USDOE) ...... Livermore CA ...... March Air Force Base ...... Riverside CA ...... Mather Air Force Base ...... Sacramento CA ...... McClellan Air Force Base (GW Contam) ...... Sacramento CA ...... Moffett Naval Air Station ...... Sunnyvale CA ...... Norton Air Force Base ...... San Bernardino CA ...... Riverbank Army Ammunition Plant ...... Riverbank CA ...... Sacramento Army Depot ...... Sacramento CA ...... Sharpe Army Depot ...... Lathrop CA ...... Tracy Defense Depot (USARMY) ...... Tracy CA ...... Travis Air Force Base ...... Solano County CA ...... Treasure Island Naval Station-Hun Pt An ...... San Francisco CO ...... Air Force Plant PJKS ...... Waterton CO ...... Rocky Flats Plant (USDOE) ...... Golden CO ...... Rocky Mountain Arsenal (USARMY) ...... Adams County CT ...... New London Submarine Base ...... New London DE ...... Dover Air Force Base ...... Dover FL ...... Cecil Field Naval Air Station ...... Jacksonville FL ...... Homestead Air Force Base ...... Homestead FL ...... Jacksonville Naval Air Station ...... Jacksonville FL ...... Pensacola Naval Air Station ...... Pensacola FL ...... Whiting Field Naval Air Station ...... Milton GA ...... Marine Corps Logistics Base ...... Albany GA ...... Robins Air Force Base (Lf#4/Sludge lagoon) ...... Houston County GU ...... Andersen Air Force Base ...... Yigo HI ...... Naval Computer & Telecommunications Area ...... Oahu HI ...... Pearl Harbor Naval Complex ...... Pearl Harbor HI ...... Schofield Barracks (USARMY) ...... Oahu IA ...... Iowa Army Ammunition Plant ...... Middletown ID ...... Idaho National Engineering Lab (USDOE) ...... Idaho Falls ID ...... Mountain Home Air Force Base ...... Mountain Home 30530 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

TABLE 2.ÐFEDERAL FACILITIES SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

IL ...... Joliet Army Ammunition Plant (LAP Area) ...... Joliet IL ...... Joliet Army Ammunition Plant (Mfg Area) ...... Joliet IL ...... Sangamo Electric/Crab Orchard NWR (USDOI) ...... Carterville IL ...... Savanna Army Depot Activity ...... Savanna KS ...... Fort Riley ...... Junction City KY ...... Paducah Gaseous Diffusion Plant (USDOE) ...... Paducah LA ...... Louisiana Army Ammunition Plant ...... Doyline MA ...... Fort Devens ...... Fort Devens MA ...... Fort Devens-Sudbury Training Annex ...... Middlesex County MA ...... Hanscom Field/Hanscom Air Force Base ...... Bedford MA ...... Materials Technology Laboratory (USARMY) ...... Watertown MA ...... Natick Laboratory Army Research, D&E Cntr ...... Natick MA ...... Naval Weapons Industrial Reserve Plant ...... Bedford MA ...... Otis Air National Guard (USAF) ...... Falmouth MA ...... South Weymouth Naval Air Station ...... Weymouth MD ...... Aberdeen Proving Ground (Edgewood Area) ...... Edgewood MD ...... Aberdeen Proving Ground (Michaelsville LF) ...... Aberdeen MD ...... Beltsville Agricultural Research (USDA) ...... Beltsville MD ...... Indian Head Naval Surface Warfare Center ...... Indian Head MD ...... Patuxent River Naval Air Station ...... St. Mary's County ME ...... Brunswick Naval Air Station ...... Brunswick ME ...... Loring Air Force Base ...... Limestone ME ...... Portsmouth Naval Shipyard ...... Kittery MN ...... Naval Industrial Reserve Ordnance Plant ...... Fridley MN ...... New Brighton/Arden Hills/TCAAP (USARMY) ...... New Brighton MN ...... Twin Cities Air Force Base (SAR Landfill) ...... Minneapolis ...... C MO ...... Lake City Army Ammu. Plant (NW Lagoon) ...... Independence MO ...... Weldon Spring Former Army Ordnance Works ...... St. Charles County MO ...... Weldon Spring Quarry/Plant/Pitts (USDOE) ...... St. Charles County NC ...... Camp Lejeune Military Res. (USNAVY) ...... Onslow County NC ...... Cherry Point Marine Corps Air Station ...... Havelock NE ...... Cornhusker Army Ammunition Plant ...... Hall County NH ...... Pease Air Force Base ...... Portsmouth/Newington NJ ...... Federal Aviation Admin. Tech. Center ...... Atlantic County NJ ...... Fort Dix (Landfill Site) ...... Pemberton Township NJ ...... Naval Air Engineering Center ...... Lakehurst NJ ...... Naval Weapons Station Earle (Site A) ...... Colts Neck NJ ...... Picatinny Arsenal (USARMY) ...... Rockaway Township NJ ...... W.R. Grace/Wayne Interim Storage (USDOE) ...... Wayne Township NM ...... Cal West Metals (USSBA) ...... Lemitar ...... C NM ...... Lee Acres Landfill (USDOI) ...... Farmington NY ...... Brookhaven National Laboratory (USDOE) ...... Upton NY ...... Griffiss Air Force Base ...... Rome NY ...... Plattsburgh Air Force Base ...... Plattsburgh NY ...... Seneca Army Depot ...... Romulus OH ...... Feed Materials Production Center (USDOE) ...... Fernald OH ...... Mound Plant (USDOE) ...... Miamisburg OH ...... Wright-Patterson Air Force Base ...... Dayton OK ...... Tinker Air Force (Soldier Cr/Bldg 300) ...... Oklahoma City OR ...... Fremont Nat. Forest Uranium Mines (USDA) ...... Lakeview OR ...... Umatilla Army Depot (Lagoons) ...... Hermiston PA ...... Letterkenny Army Depot (PDO Area) ...... Franklin County PA ...... Letterkenny Army Depot (SE Area) ...... Chambersburg PA ...... Naval Air Development Center (8 Areas) ...... Warminster Township PA ...... Navy Ships Parts Control Center ...... Mechanicsburg PA ...... Tobyhanna Army Depot ...... Tobyhanna PA ...... Willow Grove Naval Air & Air Res. Stn ...... Willow Grove PR ...... Naval Security Group Activity ...... Sabana Seca RI ...... Davisville Naval Construction Batt Cent ...... North Kingston RI ...... Newport Naval Education/Training Center ...... Newport SC ...... Parris Island Marine Corps Recruit Depot ...... Parris Island SC ...... Savannah River Site (USDOE) ...... Aiken SD ...... Ellsworth Air Force Base ...... Rapid City TN ...... Memphis Defense Depot (DLA) ...... Memphis TN ...... Milan Army Ammunition Plant ...... Milan TN ...... Oak Ridge Reservation (USDOE) ...... Oak Ridge TX ...... Air Force Plant #4 (General Dynamics) ...... Fort Worth TX ...... Lone Star Army Ammunition Plant ...... Texarkana TX ...... Longhorn Army Ammunition Plant ...... Karnack TX ...... Pantex Plant (USDOE) ...... Pantex Village UT ...... Hill Air Force Base ...... Ogden UT ...... Monticello Mill Tailings (USDOE) ...... Monticello Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30531

TABLE 2.ÐFEDERAL FACILITIES SECTION, JUNE 1996ÐContinued

State Site name City/county Notes(a)

UT ...... Ogden Defense Depot (DLA) ...... Ogden ...... C UT ...... Tooele Army Depot (North Area) ...... Tooele VA ...... Defense General Supply Center (DLA) ...... Chesterfield County VA ...... Fort Eustis (US Army) ...... Newport News VA ...... Langley Air Force Base/NASA Langley Cntr ...... Hampton VA ...... Marine Corps Combat Development Command ...... Quantico VA ...... Naval Surface WarfareÐDahlgren ...... Dahlgren VA ...... Naval Weapons StationÐYorktown ...... Yorktown WA ...... American Lake Gardens/McChord AFB ...... Tacoma ...... C WA ...... Bangor Naval Submarine Base ...... Silverdale WA ...... Bangor Ordinance Disposal (US NAVY) ...... Bremerton WA ...... Bonneville Power Admin Ross (USDOE) ...... Vancouver ...... C WA ...... Fairchild Air Force Base (4 Waste Areas) ...... Spokane County WA ...... Fort Lewis Logistics Center ...... Tillicum WA ...... Hanford 100-Area (USDOE) ...... Benton County WA ...... Hanford 1100-Area (USDOE) ...... Benton County WA ...... Hanford 200-Area (USDOE) ...... Benton County WA ...... Hanford 300-Area (USDOE) ...... Benton County WA ...... Jackson Park Housing Complex (USNAVY) ...... Kitsap County WA ...... McChord Air Force Base (Wash Rack/Treat) ...... Tacoma ...... C WA ...... Naval Air Station, Whidbey Island (Ault) ...... Whidbey Island WA ...... Naval Undersea Warfare Station (4 Areas) ...... Keyport WA ...... Old Navy Dump/Manchester Lab (USEPA/NOAA) ...... Manchester WA ...... Port Hadlock Detachment (USNAVY) ...... Indian Island WA ...... Puget Sound Naval Shipyard Complex ...... Bremerton WV ...... Allegany Ballistics Laboratory (USNAVY) ...... Mineral WV ...... West Virginia Ordinance (USARMY) ...... Point Pleasant ...... S WY ...... F.E. Warren Air Force Base ...... Cheyenne (a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be > 28.50). C = Sites on construction completion list. S = State top priority (included among the 100 top priority sites regardless of score).

[FR Doc. 96–15032 Filed 6–14–96; 8:45 am] EFFECTIVE DATE: July 17, 1996. for video applications should be BILLING CODE 6560±50±P FOR FURTHER INFORMATION CONTACT: classified based on its function or use as Thomas David, Tariff Division, Common either switching or circuit equipment. Carrier Bureau, (202) 418–0850. Ordering Clauses FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: This is a COMMISSION summary of the Commission’s 1. Accordingly, pursuant to Sections 4(i), 4(j), and 220 of the 47 CFR Chapter I Memorandum Opinion and Order adopted May 29, 1996, and released Communications Act of 1934, as [FCC 96±240] May 30, 1996. The full text of this amended, 47 U.S.C. §§ 154(i), 154(j), Commission decision is available for and 220 and Section 1.115 of our rules, Subsidiary Accounting Requirements inspection and copying during normal 47 C.F.R. § 1.115, it is ordered that the Concerning Video Dialtone Costs and business hours in the FCC Public Applications for Review filed by Bell Revenues for Local Exchange Carriers Reference Room (Room 230), 1919 M Atlantic Telephone Companies, Offering Video Dialtone Services St., N.W., Washington, D.C. The BellSouth Telecommunications, Inc., AGENCY: Federal Communications complete text of this decision may also GTE Service Corporation, National Commission. be purchased from the Commission’s Telephone Cooperative Association, ACTION: Final rule. copy contractor, International Southwestern Bell Telephone Company, Transcription Service, Suite 140, 2100 and US West Communications, Inc. on SUMMARY: This Memorandum Opinion M Street, N.W., Washington, D.C. 20037. or before May 3, 1995 are granted to the and Order requires LECs to change the Summary of Report and Order extent indicated in this Order and to the classification of asynchronous transfer extent not granted, are dismissed. mode (ATM) switches from circuit BellSouth, Southwestern Bell and equipment to switching equipment for NARUC challenge the Bureau’s previous It is further ordered that, pursuant to the purposes of assigning investment to determination in Responsible Sections 4(i), 4(j), and 220 of the accounts in the Uniform System of Accounting Officer Letter 25 that ATM Communications Act of 1934, as Accounts. This Memorandum Opinion equipment should be classified as amended, 47 U.S.C. §§ 154(i), 154(j), and Order disposes of six Applications circuit equipment. The Commission 220, and Sections 1.3 and 32.18 of our for Review filed by or on behalf of local agrees that certain types of ATM rules, 47 C.F.R. §§ 1.3 and 32.18, the exchange carriers. The Memorandum switching equipment route video signals Petition for Waiver filed by US West Opinion and Order is intended to clarify along transmission paths and thus Communications Inc. on September 5, the proper accounting treatment for the should be classified as switching 1995 is dismissed. local exchange carriers’ investment in equipment. The Commission further ATM equipment. found that other ATM equipment used 30532 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

Federal Communications Commission. September 22, 1995, proposing to the Regulatory Flexibility Analysis, William F. Caton, eliminate the requirement that parties were requested. Only one comment and Acting Secretary. who manufacture, import, or market one reply comment were submitted by [FR Doc. 96–15267 Filed 6–14–96; 8:45 am] television receivers file UHF television the petitioner, CEMA. BILLING CODE 6712±01±P noise figure measurement reports. 1. Need for and Objective of Rules. 2. CEMA, the only entity to file Our objectives are to decrease the comments and reply comments administrative burden on manufacturers 47 CFR Part 15 supported the Commission’s proposal to and importers by eliminating the eliminate the UHF noise figure reporting [ET Docket No. 95±144; FCC 96±219] requirement for submission of requirements stating that this initiative performance data to demonstrate furthers the Administration’s regulatory UHF Noise Figure Performance compliance with the Commission’s UHF reinvention goals by minimizing the Measurements noise figure requirement. We believe reporting burdens on business. It stated this requirement is no longer necessary AGENCY: Federal Communications that both industry and Commission to ensure compliance. Therefore, by Commission. resources could be redeployed for other eliminating the requirement for ACTION: Final rule. business if the UHF noise figure manufacturers and importers to develop reporting requirement is eliminated. and file this data with the Commission, SUMMARY: By this action, the 3. CEMA also noted that the UHF we expect to greatly reduce the Commission modified its rules to noise figure reporting requirement is administrative burden on industry as eliminate the requirement that parties inconsistent with the Commission’s well as on the Commission. verification process. It states that under who manufacture, import or market 2. Issues Raised by the Public in television receivers file reports this process manufacturers and importers of television receivers must Response to the Initial Analysis. The concerning the UHF noise figure petitioner was the only party to offer performance of recently-introduced maintain records of the results of their tests, although they are not required to comments to the proposal raised in the models. We found that the requirement NPRM, but the Initial Regulatory for the filing of UHF television noise submit sample products or test reports to the Commission unless specifically Flexibility Analysis was not raised as an figure performance measurements had issue. become obsolete and burdensome. By requested by the Commission. However, 3. Any Significant Alternative eliminating this requirement we the UHF noise figure reporting Minimizing Impact on Small Entities anticipate that the administrative requirement obligates manufacturers and Consistent with Stated Objectives. burden on industry as well as on the and importers to compile test The alternative to amending Part 15 of Commission will be greatly reduced measurement data on UHF noise figures the Commission’s Rules is to continue without any deterioration of the for each model during the first year of the requirement that performance data television receiver compliance rate. its introduction and to file these performance measurements with the be filed with the Commission to EFFECTIVE DATE: August 16, 1996. Commission. CEMA maintained that the demonstrate compliance with the UHF FOR FURTHER INFORMATION CONTACT: requirement for filing this data is noise figure requirement. However, this Raymond A. LaForge at (202) 418–2417, inconsistent with the concept of self- would result in a missed opportunity to Office of Engineering and Technology. approval, which is the heart of the remove an unnecessary administrative SUPPLEMENTARY INFORMATION: This is a verification process. CEMA argued that burden on industry. summary of the Commission’s Report the verification process and market List of Subjects in 47 CFR Part 15 and Order, adopted May 14, 1996, and forces are therefore sufficient to ensure released June 3, 1996. The full text of compliance with the UHF noise figure Radio, Reporting and recordkeping this Commission decision is available requirement. Based on the record, we requirements. for inspection and copying during agree with CEMA that the filing of Federal Communications Commission. regular business hours in the FCC performance measurement data is no William F. Caton, Reference Center (Room 239), 1919 M longer necessary to ensure compliance Acting Secretary. Street, NW, Washington, DC. The with our UHF noise figure requirement. complete text of this decision also may Thus, we are amending our rules to Rule Changes be purchased from the Commission’s eliminate Section 15.117(g)(3). Title 47 of the Code of Federal duplication contractor, International 4. Accordingly, it is ordered, that Part Regulations, Part 15, is amended as Transcription Service, Inc., (202) 857– 15 of the Commission’s Rules and follows: 3800, 2100 M Street, N.W., Suite 140, Regulations ARE AMENDED as Washington, D.C. 20037. specified below, effective August 16, PART 15ÐRADIO FREQUENCY Summary of Report and Order 1996. The authority for issuance of this DEVICES Report and Order is contained in 1. The Electronics Industry Sections 4(i), 302, 303 (c), (f), (g), and 1. The authority citation for Part 15 Association Consumer Electronics (r), and 309(a) of the Communications continues to read as follows: Group, now known as the Consumer Act of 1934, as amended, 47 U.S.C. Authority: Secs. 4, 302, 303, 304, 307 and Electronics Manufacturers Association Sections 154(i), 302, 303 (c), (f), (g), and 624A of the Communications Act of 1934, as (‘‘CEMA’’), petitioned the Commission (r). amended, 47 U.S.C. 154, 302, 303, 304, 307 to eliminate the requirement that parties and 544A. who manufacture, import or market Final Regulatory Flexibility Analysis television receivers file reports Pursuant to 5 U.S.C. § 603, an Initial 2. Section 15.117 is amended by concerning the UHF noise figure Regulatory Flexibility Analysis was removing and reserving paragraph (g)(3). performance of television receivers. On incorporated in the NPRM in ET Docket [FR Doc. 96–15210 Filed 6–14–96; 8:45 am] September 5, 1995, the Commission No. 95–144, FCC 95–389, 60 FR 49421, BILLING CODE 6712±01±P issued a Notice of Proposed Rule September 22, 1995. Written comments Making (‘‘NPRM’’), 60 FR 49421, on the proposal in the NPRM, including Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30533

DEPARTMENT OF TRANSPORTATION added to the FWPCA by the Oil filed August 12, 1994). Second, solely as Pollution Act of 1990 (OPA), Pub. L. to the § 1321(j)(5) ‘‘comprehensive’’ Research and Special Programs 101–380, § 4202, directs the President to response plan requirements, set forth at Administration issue regulations requiring owners and § 130.31(b), the rule does not apply to operators of certain vessels and onshore motor vehicles and rail cars engaged in 49 CFR Part 130 and offshore oil facilities to develop, transportation incident to the transfer of [Docket Nos. HM±214 and PC±1; Amdt. No. submit, update and in some cases obtain oil to or from vessels. The term 130±2] approval of oil spill response plans. ‘‘transportation incident to’’ is to be On October 22, 1991, the President read narrowly as encompassing only RIN 2137±AC31 delegated to the Secretary of transportation that (1) is distinct from Oil Spill Prevention and Response Transportation his authority to regulate transportation on public ways and (2) Plans transportation-related onshore facilities solely facilitates transfer of the oil cargo (among others) under §§ 1321(j)(1)(C) to or from a vessel. Response plan AGENCY: Research and Special Programs and 1321(j)(5). E.O. 12777, 56 FR 54757, requirements under 33 U.S.C. 1321(j)(5) Administration (RSPA), DOT. §§ 2(b)(2), 2(d)(2). The terms for these transportation operations are ACTION: Final rule. ‘‘transportation-related facility’’ and within the authority of the Coast Guard ‘‘non-transportation-related facility’’ are and were promulgated by the Coast SUMMARY: This final rule implements defined in a December 18, 1971 Guard under 33 CFR part 154. See 61 FR the Federal Water Pollution Control Act, Memorandum of Understanding (MOU) 7890 (Feb. 29, 1996). as amended by the Oil Pollution Act of between the Department and the U.S. RSPA’s delegated authority under 1990, and amends requirements that Environmental Protection Agency (EPA) §§ 1321(j)(1)(C) and 1321(j)(5) for certain RSPA issued as an interim final rule on establishing jurisdictional guidelines for on-shore facilities (i.e., motor vehicles June 16, 1993. This rule adopts implementing § 1321(j)(1)(C). 36 FR and rolling stock) is solely the authority requirements for packaging, 24080; reprinted at 40 CFR part 112 to promulgate regulations. Spill communication, spill response planning App. ‘‘Transportation-related facilities’’ response plans, when required to be and response plan implementation include: submitted, are submitted to the Federal intended to prevent and contain spills Highway vehicles and railroad cars which Highway Administration or the Federal of oil during transportation. It requires are used for the transport of oil in interstate Railroad Administration for motor comprehensive response plans for oil or intrastate commerce and the equipment carriers and railways, respectively. 57 shipments in bulk packagings (i.e., cargo and appurtenances related thereto . ... FR 62483. Because RSPA’s delegated tanks (tank trucks), railroad tank cars, Excluded are highway vehicles and railroad authority does not provide for the and portable tanks) in a quantity greater cars and motive power used exclusively review of response plans for portable than 42,000 gallons and less detailed within the confines of a nontransportation tanks, the requirement in § 130.31(b)(6) related facility or terminal facility and which basic response plans for petroleum oil are not intended for use in interstate or to submit such plans to the Associate shipments in bulk packagings of 3,500 intrastate commerce. Administrator for Hazardous Materials gallons or more. Safety is removed. 36 FR at 24081. DATES: Effective: June 17, 1996. The Coast Guard holds a delegation of In 1992, the Secretary delegated to the Applicability: Incorporation by authority to inspect motor carrier and RSPA Administrator his prevention reference of the publication listed in rail operations, investigate potential authority under § 1321(j)(1)(C), 57 FR § 130.5 was authorized by the Director violations of Part 130 (including 8581 (Mar. 11, 1992), and his response of the Federal Register on June 17, 1996. determinations of whether a carrier’s plan authority under § 1321(j)(5), 57 FR basic response plan conforms to FOR FURTHER INFORMATION CONTACT: 62483 (Dec. 31, 1992), with respect to requirements in § 130.31(a)), and Thomas Allan, Office of Hazardous motor carriers and railways. enforce the regulations through Materials Standards, RSPA, Department Subsequently, the authority to issue administrative and civil penalties. See of Transportation, 400 Seventh Street response plan requirements for motor 33 U.S.C. 1321(b)(6), 1321(b)(7), SW, Washington, DC 20590–0001, carriers and railways transporting oil 1321(m)(2); and 49 CFR 1.46(l); 57 FR Telephone (202) 366–8553 or Nancy incident to transfer to or from vessels 8581. Also, authority to seek an Machado, Office of the Chief Counsel, was redelegated by the Secretary to the injunction to compel compliance with RSPA, Department of Transportation, Coast Guard Commandant. 58 FR 6193 any provision of Part 130 has been 400 Seventh Street SW, Washington, DC (Jan. 27, 1993). delegated to the Coast Guard. E.O. 20590–0001, Telephone (202) 366–4400. Accordingly, the jurisdiction of Part 12777, 56 FR 54766, § 6(b); and 49 CFR I. SUPPLEMENTARY INFORMATION: 130 extends to all oil transport by motor 1.46(m), 57 FR 8581. carriers and railways, with two Section 1321(j)(5), as amended by A. Background exceptions. First, the rule does not OPA, also mandates the issuance of Statutory Authority and Delegations. apply to transportation exclusively regulations requiring response plans for This final rule implements two separate within the confines of a non- on-shore facility discharge of hazardous mandates under the Federal Water transportation-related facility in a motor substances. RSPA will address this Pollution Control Act (FWPCA). Section vehicle or railroad car dedicated to mandate in a future rulemaking. 311(j)(1)(C) of the FWPCA, 33 U.S.C. transportation within that facility. These Procedural History. On February 2, 1321(j)(1)(C), directs the President to motor vehicles and rail cars are 1993, RSPA published an interim final issue regulations ‘‘establishing considered non-transportation-related rule (IFR–1) with a request for procedures, methods, and equipment facilities under the 1971 DOT-EPA comments. IFR–1 implemented the and other requirements for equipment to MOU, and are not within DOT mandates of 33 U.S.C. 1321(j)(1)(C) and prevent discharges of oil and hazardous jurisdiction. Response plan 1321(j)(5) with respect to motor vehicles substances from vessels and from requirements applicable to these and railways by designating oil onshore facilities and offshore facilities, facilities have been promulgated by EPA transported in bulk (i.e., in a packaging and to contain such discharges.’’ under 40 CFR part 112. See 59 FR 34070 of greater than 119 gallons) as a Section 311(j)(5), 33 U.S.C. 1321(j)(5), (July 1, 1994), (pet. for reconsideration ‘‘hazardous material’’ under section 104 30534 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations of the Hazardous Materials operators as to the applicability of the requirements from that stipulated in Transportation Act, 49 App. U.S.C. 1803 response plan requirements, so that they IFR–1 by eliminating shipping paper, (now codified at 49 U.S.C. 5103). This might avoid the prohibition of marking, labeling, operational, designation caused this category of oil § 4202(b)(4)(B). hazardous materials training and transport to be subject to the Hazardous In the rule, RSPA requested registration requirements. In addition, it Materials Regulations (HMR), 49 CFR comments and provided for a comment raised the threshold for the application parts 171–180, and met the period that closed on April 5, 1993. On of prevention requirements from that § 1321(j)(1)(C) mandate by subjecting the basis of requests submitted to the established in IFR–1. Whereas under bulk oil transport to the packaging, docket, RSPA, on April 20, 1993, IFR–1 prevention requirements applied transportation and emergency response published an interim final rule to all bulk oil transport, under IFR–2, requirements of the HMR. Additional reopening the comment period until those requirements only applied to response plan requirements applicable June 3, 1993, and scheduling a public transport of petroleum oil in packagings to oil transported in bulk packagings in hearing for May 13, 1993. 58 FR 21260. of 3,500 gallons or greater, and transport a quantity greater than 42,000 gallons Twenty-two representatives of of non-petroleum oil in packagings were incorporated into the HMR to meet interested parties presented their views containing a quantity greater than the specific mandate of 33 U.S.C. at the public hearing. As of June 3, 1993, 42,000 gallons. 1321(j)(5). approximately 250 comments had been Spill response plan requirements Most oils, notably flammable and received from interested members of the pursuant to 33 U.S.C. 1321(j)(5) did not combustible petroleum oils, already are public, governmental agencies and change. They continued to apply to classed as hazardous materials. The members of Congress. transportation of both petroleum and greatest impact of IFR–1 was on those After review of public comments, non-petroleum oil in packagings materials defined as oils under 33 RSPA determined that significant containing a quantity greater than U.S.C. 1321 but not already designated changes in IFR–1 were warranted. 42,000 gallons. as hazardous materials, notably Foremost, the comments revealed that a IFR–2 provided for a third comment petroleum oils not meeting HMR criteria number of State and local jurisdictions period, which ended on July 30, 1993. of flammability or combustibility (e.g., use the Federal hazardous materials A public meeting, allowing for dialogue lube and cooling oils) and non- transportation law (Federal hazmat law) between RSPA and interested members petroleum oils, including edible oils. ‘‘hazardous material’’ designation as a of the public, was held on June 28, Regulation of these previously ‘‘trigger’’ for a variety of legal 1993. All comments submitted to the undesignated oils was mandated not for requirements, many of which pertain to docket through IFR–1 and IFR–2 their acutely hazardous properties, but health and safety hazards, and do not comment periods, the public hearing for the environmental harm that their logically apply to the types of hazards and the public meeting have been release into the environment could (specifically environmental hazards) considered in developing this final rule. cause. Regulating transportation of posed by oils not already regulated Effective Dates. As indicated above, environmentally sensitive materials by under the HMR. In addition, the OPA mandates that no facility required incorporating them into the HMR comments indicated that the hazardous to prepare a comprehensive response framework has its precedents in (1) the material designation is a criterion in the plan may handle, store or transport oil statutory designation of ‘‘hazardous transportation industry that determines on or after February 18, 1993, unless the substances’’ as hazardous materials at arrangements concerning insurance, facility owner or operator has submitted 42 U.S.C. 9656(a); and (2) the transportation rates, rail interlining and its plan to the President. Regulatory designation of ‘‘marine pollutants’’ as other matters. The comments suggested requirements in IFR–1 implementing hazardous materials to implement treaty that designating bulk quantities of oil this mandate were contained in obligations under Annex III of the 1973 not already designated as a hazardous § 171.5(c), but now appear in International Convention for the material potentially would cause the § 130.31(b). The current requirements Prevention of Pollution from Ships, as bulk transport of those oils to be subject pertaining to the comprehensive modified by the Protocol of 1978, 57 FR to insurance unavailability and response plan are essentially unchanged 52930 (Nov. 5, 1992). These regulatory increased costs and dislocations not from those published in IFR–1. No actions address the environmental justified by the types of risks posed. facility has requested regulatory relief hazards of certain materials when Public comment also supported changes from the deadline to prepare and file a transported in bulk by all modes of to the substance of the prevention comprehensive spill response plan, and transportation. regulations, including those concerning the February 18, 1993 mandatory Pursuant to 5 U.S.C. 553(b)(3)(B), basic response plans. compliance date appears to have had no RSPA issued an interim final rule (IFR– Accordingly, on June 16, 1993, RSPA effect on routine operations of shippers 1) rather than a notice of proposed published a second interim final rule or carriers. The requirements specified rulemaking on the basis of a finding that (IFR–2), removing the regulations from in § 130.31(b) remain effective since notice and public comment were the HMR and placing them in Title 49 February 18, 1993. impracticable and contrary to the public of the CFR under a newly established RSPA has not granted requests from interest. Under § 4202(b)(4)(B) of the part 130. 58 FR 33302. In publishing several commenters for an extension of OPA, no facility required to prepare a IFR–2, RSPA sought to continue the the mandatory compliance date for oil response plan under the statute was timely and uninterrupted spill prevention and containment permitted to handle, store or transport implementation of the FWPCA and requirements. Those requests ranged oil on or after February 18, 1993, unless avoid creating an undue hardship on the from a 60-day extension to give fleet the facility owner or operator had regulated community, with the potential operators ample time to prepare submitted its plan to the President. to disrupt the sale and delivery of oil. response plans to a one-year extension RSPA determined that an interim final For high flashpoint petroleum oils, to give sufficient time for businesses to rule was necessary in advance of the and those non-petroleum oils that were identify materials subject to Part 130 statutory deadline to establish response not previously subject to the HMR, IFR– and comply with the requirements. The planning thresholds by regulation and 2 also reduced the scope and essential elements of this final rule are provide guidance to facility owners and complexity of the prevention unchanged from the requirements Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30535 specified in IFR–2. In addition, the that it interprets ‘‘oil’’ under § 1321 to Part 130 to that form of oil which poses scope of requirements in IFR–2 is include non-petroleum oil, stating that the greatest threat to the marine significantly less than that prescribed in the interpretation ‘‘is neither a environment. IFR–1. departure from prior agency views, nor To assist shippers in determining if a In consideration of the above, RSPA is a previously undisclosed position’’). material is a liquid, RSPA is adopting in denying all requests for an extension of Non-petroleum oils fall within the plain this final rule a relatively simple test the effective date. meaning of the statutory language, and developed by the American Society for regulation of non-petroleum oils under Testing and Materials in its standard B. Definitions and Scope of 33 U.S.C. 1321 is in accord with the ASTM D 4359–84, ‘‘Standard Test Requirements statutory purpose of affording broad Method for Determining Whether a The following discussion is provided protection to the navigable waters, Material is a Liquid or a Solid.’’ Under in response to commenters’ requests for shorelines and natural resources under this standard, many viscous materials, clarification of the scope of Part 130: Federal control. like number six diesel fuel and some ‘‘Onshore Facility’’. In accordance ‘‘Oil’’ Does Not Include Hazardous grades of asphalt, are included in the with the definition of ‘‘onshore facility’’ Substances. The definition of ‘‘oil’’ in definition of liquid. Conversely, on the at 33 U.S.C. § 1321(a)(10), § 130.2 § 130.5 is amended so as to be identical basis of this standard, solidified tars and (Scope) is revised to clearly except to the definition at § 1321(a)(1) of the other oils having a relatively high transportation of oil by aircraft or vessel. FWPCA. A note is added to make clear, melting point may not be subject to Part For consistency with the 1971 EPA– consistent with the FWPCA, that the 130, nor will oil-containing materials DOT MOU, § 130.2 is revised also to requirements in Part 130 do not apply like soybean meal and cotton seeds. except oil transportation occurring to materials that are hazardous Mixtures and Solutions Containing exclusively within the confines of non- substances as defined at 40 CFR part Oil. A number of comments suggested transportation-related or terminal 116. The list of hazardous substances that the rule exclude materials facilities in vehicles not intended for appears at 40 CFR part 116, Appendix. containing only a small proportion of oil use in interstate or intrastate commerce. ‘‘Petroleum Oil.’’ Commenters in mixture or solution. RSPA’s proposal ‘‘Persons’’. In this final rule, the suggested that the phrase ‘‘derivatives at the June 28, 1993 public meeting to definition of ‘‘person’’ at § 130.5 is thereof’’ in the definition of ‘‘petroleum exclude mixtures and solutions in revised for consistency with the oil’’ is ambiguous and could be too which oil is in a concentration by FWPCA, 33 U.S.C. 1321(a)(7), 1323 and broadly interpreted to include materials weight of less than 10 percent drew 1362(5). One commenter asked whether (such as ethylene glycol) that do not broad support from many persons the rule applies to States. This change possess the properties of oil. RSPA commenting on IFR–2. This exclusion affirms that these rules apply to agrees and has changed the definition of considers that the volume of oil agencies of the Federal Government, as ‘‘petroleum oil’’ accordingly. The term contained in many products is at levels well as to those of States and their ‘‘fractions’’ means oils produced by which pose no serious harm to the political subdivisions, and to non- distillation or their refined products. marine environment within the meaning commercial enterprises that offer oil for Requirements Limited to of 33 U.S.C. 1321(j). This exception transportation or transport oil. Transportation of ‘‘Oil’’ as Cargoes. considers numerous comments to the ‘‘Oil’’ Includes Non-Petroleum Oil. Comments submitted by the U.S. docket, under IFR–1, that support Several commenters that ship or Department of the Interior (DOI) adoption of an exception for oil in transport non-petroleum oil asserted contained a recommendation that the mixtures and solution. that Congress, in enacting the OPA, did scope of these rules explicitly include RSPA’s determination to apply a not intend that non-petroleum oil be oil contained in fuel tanks of diesel mixtures rule that uses a threshold included within the definition of ‘‘oil’’ locomotives. The DOI cited two spills value of 10 percent oil parallels its that resulted from train derailments and regulation under Federal hazmat law of subject to response planning posed a potential threat of significant hazardous substances that pose a threat requirements under the OPA. impact to natural resources. RSPA has to the marine environment. Since 1980, The response planning requirements not adopted this recommendation. RSPA has provided an exception from of the OPA were enacted as RSPA notes that every railroad application of the HMR for mixtures and amendments to the FWPCA at 33 U.S.C. transporting oil in a tank car is required solutions containing, in a concentration 1321(j). The meaning of the term ‘‘oil’’ to prepare and maintain at least a basic by weight of less than 10 percent, as it appears in those requirements, spill response plan that may be hazardous substances with an EPA- accordingly, is governed by the FWPCA employed to adequately address designated ‘‘reportable quantity’’ value definition of oil applicable to § 1321(j): potential threats posed by oil contained of 5,000 pounds. This determination is [O]il means oil of any kind or in any form, in fuel tanks. Also, the limited scope of specific to prevention, containment, and including, but not limited to, petroleum, fuel rules specified in Part 130 does not response planning requirements under oil, sludge, oil refuse, and oil mixed with negate a railroad’s responsibility for Part 130. As noted above concerning wastes other than dredged spoil. cleanup and liability, under the application of the requirements in Part 33 U.S.C. 1321(a)(1). This definition was FWPCA, of oil discharged from a fuel 130 to oil contained in integral fuel added to the FWPCA in 1972, Pub.L. tank. tanks of a locomotive, this action does 92–500, § 2, 86 Stat. 862, and has not Applicability to Oil in Liquid Form. In not provide carriers with a general been amended. In applying the response to the numerous comments exception from responsibility for definition for purposes of oil spill asking for clarification as to the cleanup and liability under the FWPCA prevention, containment and removal applicability of these regulations to oil for the discharge of dilute mixtures programs under § 1321(j)(1), see 40 CFR in its various forms, RSPA is amending containing oil. Therefore, we 112, 33 CFR parts 153–156, EPA and the § 130.2 (Scope) to provide that this rule recommend that all carriers incorporate Coast Guard consistently have applies to oil in the liquid form only. within their operations plans effective interpreted the term to encompass both This provision is adopted so as to apply measures to prevent oil spills and to petroleum and non-petroleum oil. See requirements for prevention, mitigate the effects of discharges of oil 40 FR 28849 (July 9, 1975) (EPA notice containment, and response planning in which do occur. 30536 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

Container Residue. One commenter lubricating oil and includes an synthetic oils, essential oils such as requested an exception for bulk increasing amount of used oil intended turpentine, and oils otherwise meeting packagings containing oil residue on the for recycling. As noted by commenters, the definition of an animal fat or a basis that the amount remaining in the petroleum oil has toxic, solvent and vegetable oil but specifically excluded packaging may be less than an physical properties that pose a threat to from that category through rulemaking. unregulated quantity of oil in a non- the marine environment which RSPA This subcategorization of non-petroleum bulk packaging. RSPA has not adopted seeks to minimize through the oils has no practical significance at this that suggestion. The empty return of prevention and containment time, as all non-petroleum oils are most bulk packagings is accomplished requirements specified in Part 130. subject to the same prevention and by the same carrier that transported the These regulations apply to petroleum response planning requirements. It may filled container. Thus, the relief oils offered for transportation or provide an initial framework, however, available to the carrier is negligible, transported in bulk packagings having a for future RSPA rulemaking to refine the particularly when it would necessitate a capacity of 3,500 gallons or more. RSPA prevention and response planning requirement to determine and document believes these requirements provide an regulations in Part 130. the amount of residue. In addition, adequate degree of protection for the Packaging. A number of commenters RSPA believes that an exception is not marine environment at a cost requested clarification regarding the warranted because it is important that commensurate with the risk posed by packaging requirement for oil in bulk all closures remain properly secured, as this class of oils. transport vehicles. Specifically, they required by § 130.21, even after The prevention requirements apply to questioned whether RSPA interprets unloading, as long as oil residue non-petroleum oils, both because § 130.21 to require DOT specification remains present. § 1321(j)(1)(C) mandates reasonable cargo tanks, such as the MC–306 measures to prevent and contain commonly used for gasoline and other C. Prevention and Containment discharges of these oils, and because volatile liquids. Section 130.21 does not Requirements their physical properties can harm the require specification containers. For General. The bulk of oils transported environment. On the basis of its review those oils not subject to the HMR, a non- by motor vehicle and railway, including of reported incidents involving spills of specification cargo tank that conforms to petroleum oils like gasoline and fuel oil non-petroleum oils on rail lines and the basic requirements of § 130.21 is and some non-petroleum oils like public highways, RSPA determined that acceptable. turpentine, already are classed as the frequency and volume of such Basic Response Planning as an hazardous materials under Federal discharges, generally does not support Element of Prevention Standards. Part hazmat law because of their threats to application of the rules and regulations 130 contains basic response plan health and safety. RSPA’s in Part 130 to the same extent as requirements applicable to implementation of the § 1321(j)(1)(C) required for petroleum oils. Thus, while transportation of petroleum oil in a bulk mandate to issue regulations to prevent the same prevention and containment packaging with a capacity of 3,500 and contain oil discharges in motor requirements specified in Part 130 for gallons or more. The 3,500-gallon vehicle and railway transport proceeds petroleum oils pertain to non-petroleum capacity threshold is the same threshold from the fact that these oils, which also oils, RSPA applies those rules at a used to subject shippers and carriers to are the oils of greatest environmental higher threshold value (i.e., quantities the registration requirement under concern, are subject to the greater than 42,000 gallons in a single Federal hazmat law, 49 U.S.C. 5108. comprehensive regulatory framework of packaging). These prevention and Also, the Federal Highway the HMR. Transportation of these oils containment requirements complement Administration’s financial must meet detailed requirements in the the comprehensive response plan responsibility requirement, 49 CFR part HMR pertaining to specification requirement triggered at the same 387, applies to motor carriers that packaging, hazard communication quantity threshold. transport hazardous substances in cargo (marking, placarding, 24-hour Comments submitted to the docket tanks, portable tanks, or hopper-type emergency response telephone numbers, suggest that some non-petroleum oil vehicles with capacities in excess of shipping papers, etc.), loading and such as turpentine and tung oil 3,500 water gallons. unloading operations, and routing. See possesses toxicity, solvent and physical In IFR–1, RSPA prescribed generally 49 CFR parts 171–180. In properties warranting that its requirements for preparation of basic addition, each employee of a person transportation be subject to spill response plans as part of prevention and offering for transportation or prevention and containment containment requirements applicable to transporting an oil that is a hazardous requirements at the lower, 3,500-gallon shipments of oil in bulk packagings material must receive training specific threshold applicable to petroleum oil. having a capacity greater than 119 to the hazardous materials-related While it may be appropriate to make gallons. Comments to the docket functions he or she performs. 49 CFR regulatory distinctions among suggested that the 119-gallon threshold 172.700. Basic spill response planning petroleum or non-petroleum oils to was unnecessarily low since, under and response plan implementation account for the different risks that conditions normally incident to under § 1321(j)(1)(C) (in addition to particular oils present to the marine transportation, a discharge of oil in that comprehensive planning under environment, the docket does not volume will not threaten the marine § 1321(j)(5)) appropriately supplement contain sufficient information on the environment to an extent warranting these requirements. The record of safe properties of specific oils for RSPA to mandatory spill response plan transportation of these oils supports the make substantive regulatory distinctions preparation. conclusion that no additional spill other than between petroleum and non- On the basis of its review of those prevention or containment requirements petroleum oil. comments, RSPA revised the threshold are necessary. The rule adopts general definitions for applying prevention and The volume of petroleum oil shipped that establish three categories of non- containment requirements, including by highway and rail not subject to the petroleum oil: ‘‘animal fat,’’ ‘‘vegetable the requirement to prepare a basic HMR is small by comparison with the oil’’ and ‘‘other non-petroleum oil.’’ The response plan, from all bulk packagings total volume. Most of this oil is last group includes, for example, to those having a capacity of 3,500 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30537 gallons or more. The 3,500-gallon With respect to the comprehensive the NCP. 40 CFR 300.5 (‘‘Size classes of threshold was selected, in part, because response plan at § 130.31(b), applicable discharges’’). The EPA selected one of its use in related programs for to the transportation of more than million gallons as the threshold for emergency response and carrier 42,000 gallons of oil in a single fixed ‘‘substantial harm’’ facilities under liability. Specifically, registration packaging, § 1321(j)(5)(C)(i) mandates certain circumstances. 33 CFR requirements under Federal hazardous that a response plan shall be consistent 112.20(f)(1)(ii) (published at 59 FR materials transportation law, 49 U.S.C. with the National Contingency Plan 34099) (July 1, 1994). 5108, and Federal Highway (NCP). The requirement for a basic None of the alternative thresholds Administration financial responsibility response plan for transportation of suggested by commenters was requirements for the transportation of petroleum oil in bulk packagings of accompanied by objective data that hazardous substances, 49 CFR part 387, 3,500 gallons or greater (but in an would support the threshold any are keyed to the 3,500-gallon threshold. amount not exceeding 42,000 gallons), commenter proposed. At the low end of Response Plan Implementation. With is issued as a prevention and the range, a standard of 250-barrel respect to the prevention, containment containment rule pursuant to (10,500 gallon) vessel oil cargo capacity and cleanup of oil discharges, the scope § 1321(j)(1)(C). Nevertheless, 33 U.S.C. is applied by the U.S. Coast Guard for of 33 U.S.C. 1321 extends to discharges 1321(c)(3)(B) states that any action taken transfers of oil between vessels and into the navigable waters of the United by a transporter in response to a mobile or fixed transfer facilities. The States, the shorelines of those waters, discharge that reaches or threatens to Coast Guard designated mobile transfer and natural resources belonging to, reach navigable waters, shorelines or facilities as ‘‘substantial harm’’ appertaining to, or under the exclusive Federally controlled natural resources facilities. It designated fixed facilities as management authority of the United must be consistent with the NCP, or as facilities that could reasonably be States. 33 U.S.C. 1321(c)(1)(A); see also directed by the President. (The expected to cause ‘‘significant and 33 U.S.C. 1321(b)(3) (prohibiting President’s authority is delegated, substantial harm’’ to the environment in discharges to navigable waters, through the EPA Administrator and the the event of a discharge. 33 U.S.C. shorelines and natural resources). Secretary of Transportation, to the 1321(j)(5)(D). The response plan for a ‘‘Navigable waters’’ under this rule has Federal on-scene coordinator. E.O. facility in this category, under the meaning given to it at 40 CFR 110.1. 12777, 56 FR 54757, § 3.) Section 130.33 § 1321(j)(5)(D), must be submitted to the One commenter stated that response emphasizes that the transporter’s Coast Guard for review and approval. A planning requirements should apply obligation to implement its response lower threshold is justified for these only to transportation where a discharge plan does not excuse it from compliance facilities by the fact that the probability could reach one of these three areas. with 33 U.S.C. 1321(c)(3)(B) or any of an oil spill to the marine environment Because virtually all transportation of other legal response obligations. is greater during oil transfer between oil poses a potential risk to these areas, land and a vessel than during the response planning requirements of D. Response Planning Requirements transportation over railways and § 130.31 apply to the full range of Mandated by the OPA (33 U.S.C. highways. transportation indicated in § 130.2. The 1321(j)(5)) § 130.33 requirement that the Section 130.31(b) contains Conversely, the 1,000,000-gallon transporter implement its response plan requirements for comprehensive threshold adopted by EPA is contingent to contain and remove a discharge, response plans for oil transportation in on several factors, including restrictive however, applies only when the bulk packagings in a quantity greater provisions that the facility may not discharge falls within the jurisdiction of than 42,000 gallons (1,000 barrels) per transfer oil over water to or from vessels § 1321, as described above and set forth packaging. Bulk packagings include and that the facility’s proximity to a at § 130.33. cargo tanks (tank trucks), railroad tank public drinking water intake must be RSPA recognizes that when a cars and portable tanks. This section sufficiently distant to assure that the discharge has occurred, it may be fulfills the FWPCA mandate for intake would not be shut down in the difficult to determine immediately and regulations requiring response plans to event of a discharge. Further, the EPA with certainty that the discharge has not be prepared by an owner or operator of threshold refers to the capacity not of a reached, or does not substantially an onshore facility that, ‘‘because of its single fixed storage tank, but of the threaten to reach, navigable waters, location, could reasonably be expected entire facility, including barrels and shorelines, or Federally controlled to cause substantial harm to the drums stored at the facility. In natural resources. Because the environment by discharging into [or] on summary, this example also is not determination, for practical purposes, the navigable waters or adjoining analogous to hazards routinely will be made by the Coast Guard (in the shorelines.’’ 33 U.S.C. 1321(j)(5). The encountered during transportation by coastal zone) or EPA (in the inland comprehensive response plan is more railway and highway. zone), the operator is advised to begin extensive than the basic response plan During the June 28, 1993 public to implement its response plan under § 1321(j)(l)(C); the comprehensive meeting, the ‘‘substantial harm’’ wherever a discharge occurs. In plan must meet the content and threshold was discussed at length, but addition, Part 130 does not affect the submission requirements of participants did not agree on what applicability of other Federal, State, § 1321(j)(5)(C). volume of oil reasonably could cause local or Indian tribe requirements that RSPA’s identification of 42,000 substantial harm to the marine may impose response obligations on the gallons as the threshold for so-called environment. Also, the 42,000-gallon transporter. Accordingly, while § 130.33 ‘‘substantial harm’’ facilities received threshold is supported by a number of is binding only with respect to many comments. Those comments comments to the docket citing its use by discharges that reach or threaten to suggested alternate thresholds ranging the EPA in related sections of the Code reach navigable waters, shorelines or from 10,000 to 1,000,000 gallons, as of Federal Regulations. Consequently, Federally controlled natural resources, well as a finding that no motor vehicle RSPA believes its determination to use RSPA strongly encourages transporters or railway facility meets the ‘‘substantial a threshold value of 42,000 gallons in a to take all appropriate response actions harm’’ standard. Ten thousand gallons single packaging is appropriate and regardless of the location of a spill. defines a major inland zone spill under reasonable. 30538 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

Regarding use of 42,000 gallons as the The comprehensive plan should, at a Many owners and operators required threshold for the comprehensive minimum, specify and discuss the to prepare and maintain a response plan response plan requirement, the following: under this rule also will be subject to Association of American Railroads (1) The range of response scenarios EPA response plan requirements for suggested that the rule discriminates that foreseeably could occur. fixed facilities, or Coast Guard response against the railroad industry, as only it, (2) The qualified individual, the plan requirements for marine-related and not the trucking industry, has the alternate qualified individual, and all facilities. As RSPA stated in the potential to transport that quantity of oil other personnel with a role in spill preamble to the February 2, 1993 in a single packaging. The rule does not response. interim final rule, 58 FR 6866, it is discriminate against the railroad (3) The training, including drills, intended that owners and operators industry. Rather, it operates differently required for each of these persons. subject to response planning as between the two industries due to the (4) The equipment necessary for requirements of both RSPA and another fact that the railroad industry is capable response to the maximum extent Federal agency be able to use response of transporting a larger quantity of oil in practicable in each of the identified planning activities to fulfill both sets of a single bulk packaging. The risk to the scenarios. requirements, with appropriate marine environment posed by oil in (5) The means by which the modification or supplementation as transport is proportional to the quantity availability of personnel and equipment differences in spill scenarios dictate. of oil that could be discharged in an will be ensured to respond to a spill to Accordingly, RSPA will seek to accident, and the rule, reasonably, the maximum extent practicable. maintain consistency with other regulates on that basis. Where other (6) Governmental officials and others agencies in its interpretation of terms factors such as proximity to navigable to be notified in the event of a spill, and and concepts contained in 33 U.S.C. waters gain in importance, both motor the notification procedure to be 1321(j)(5). In addition, RSPA is vehicle and railway transport are subject followed. including, in § 130.5, the following to comprehensive planning (7) The means for communicating definitions: requirements. See 58 FR 7330 (Coast among responsible personnel and Qualified individual is an individual Guard interim final rule). RSPA notes between personnel and officials during familiar with the response plan, trained again that, on the basis of available a response. in his or her responsibilities in information, no rail carrier is (8) The procedures to be followed implementing the plan, and authorized, transporting oil in a quantity greater during a response. on behalf of the owner or operator, to than 42,000 gallons in tank cars. The basic response plan should initiate all response activities identified address the same topics, with the in the plan, to enter into response- E. Contents of Comprehensive and exceptions that training and drills are related contracts and obligate funds for Basic Response Plans not required for identified personnel such contracts, and to act as a liaison Several commenters requested and the owner or operator need not with the on-scene coordinator and other guidance for preparing spill response demonstrate by ‘‘contract or other responsible officials. The qualified plans under § 130.31(a) and (b). The means’’ the assurance of personnel and individual must be available at all times purposes of the response plan are to equipment availability. In this final rule, the owner or operator is engaged in ensure: (1) that personnel are trained RSPA reiterates its intent that a basic transportation subject to Part 130 (alone and available and equipment is in place response plan must identify private or in conjunction with an equally to respond to an oil spill; and (2) that sector resources (personnel and qualified alternate), must be fluent in procedures are established before a spill equipment) that the carrier may English, and must have in his or her occurs so that required notifications and immediately call upon to respond to a possession documentation of the appropriate response actions will follow discharge of oil. This regulatory intent required authority. expeditiously when there is a spill. The is clarified by amending § 130.31(a)(3) By contract or other means means (1) response plan, whether the basic plan to require identification of ‘‘private a written contract with a response under § 130.31(a) or the comprehensive personnel and equipment available to contractor identifying and ensuring the plan under § 130.31(b), should be a respond to a discharge.’’ availability of the necessary personnel complete and practical document that The Independent Lubricant or equipment within the shortest serves these purposes. Manufacturers Association asked RSPA practicable time; (2) a written Neither the basic nor the to provide model plans. RSPA does not certification by the owner or operator comprehensive plan is required to believe this is necessary, but is allowing that the necessary personnel or address response on a vehicle- or owners and operators the flexibility to equipment can and will be made location-specific basis. A nationwide, develop plans that best address their available by the owner or operator regional or other generic plan is circumstances. Following issuance of within the shortest practicable time; or acceptable, provided that it covers the IFR–1, RSPA undertook an effort to (3) documentation of membership in an range of spill scenarios that the owner develop a model plan, but subsequently oil spill response organization that or operator foreseeably could encounter. learned that two industry associations ensures the owner’s or operator’s access Thus, scenarios ranging from a minor were developing models that would be to the necessary personnel or equipment discharge to a ‘‘maximum potential available to a large segment of the within the shortest practicable time. discharge,’’ § 130.31(a)(2), or a ‘‘worst affected industries. Consequently, RSPA Maximum extent practicable means case discharge,’’ § 130.31(b)(4), should decided not to duplicate the private the limits of available technology and be addressed, as well as the range of sector effort, and the project to develop the practical and technical limits on an topographical and climatological a model plan was terminated. Owners owner or operator conducting response conditions the owner or operator may and operators may wish to refer to the activities under a particular set of face. The plan also should describe the model plans developed by industry circumstances. response when the discharge results associations or they may refer to the Worst-case discharge for an onshore from, or is accompanied by, a model plan included by EPA at facility is defined at 33 U.S.C. complicating condition, such as Appendix F of its July 1, 1994 final rule. 1321(a)(24) as ‘‘the largest foreseeable explosion or fire. 59 FR 34122. discharge in adverse weather Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30539 conditions.’’ The largest foreseeable Federal authority sufficient to insulate maintaining that requirement claims discharge from a motor vehicle or rail non-Federal requirements regulating in that it is authorized by 33 U.S.C. car is the capacity of the cargo this area from Federal hazmat law 1321(o)(2), RSPA will examine the container. The term ‘‘maximum preemption is a question that has not relationship between § 1321(o)(2) and potential discharge,’’ used in been decided and, as noted below, is not 49 U.S.C. 5125. § 130.31(a), is synonymous with ‘‘worst- decided here. G. Other Substantive Issues Addressed case discharge.’’ More importantly, Federal oil transportation regulations should carry by Commenters F. Federal Preemption the preemptive force of Federal hazmat Linking FWPCA and Federal Hazmat RSPA received two comments law only when they are issued to Authority for Oils That Are Hazardous concerning the effect that the RSPA rule implement the mandate of that law. Materials. One commenter, a State will have on the existing and future As explained above, RSPA has agency, suggested that as to oils that regulation of oil transportation by States determined not to exercise its authority already are designated hazardous and localities. Part 130 is issued under under Federal hazmat law to regulate oil materials, Part 130 be incorporated by authority of 33 U.S.C. 1321(j)(1) (C) and that does not meet the definition of any reference into the HMR. According to 1321(j)(5). For this reason, it is subject hazard-specific class under the HMR, the commenter, this would allow the to 33 U.S.C. 1321(o)(2), which states: and is not an elevated temperature State to enforce Part 130, with respect Nothing in this section shall be construed material, a hazardous substance or a to oils designated as hazardous as preempting any State or political hazardous waste. Accordingly, Part 130 materials, directly through its existing subdivision thereof from imposing any is issued solely under FWPCA regulatory structure. In addition, it requirement or liability with respect to the authority, and the preemption standards would place the responsibility for discharge of oil or hazardous substance into of 49 U.S.C. 5125 do not apply. enforcing Part 130, with respect to those any waters within such State, or with respect The Chemical Waste Transportation oils, with the State agency responsible to any removal activities related to such Institute asks RSPA to clarify the extent for enforcing the HMR as to those oils. discharge. to which 33 U.S.C. 1321(o)(2) authorizes RSPA is not adopting this suggestion. This provision indicates that Federal non-Federal regulation of hazardous Significant confusion could result from regulation under 33 U.S.C. 1321 does materials different from or additional to issuing Part 130 under the FWPCA as to not preempt, but rather accommodates, the HMR with respect to emergency certain oils and under both the FWPCA regulation by States and political response training, equipping vehicles and Federal hazmat law as to certain subdivisions concerning the same with personal protective equipment, other oils. In addition, the Federal subject matter. Thus, the establishment incident reporting, emergency drills, authority to enforce oil transportation of oil spill prevention and response plan insurance, or response plan regulations under Federal hazmat law requirements in this rule will affect maintenance. Under 49 U.S.C. 5125, a and those under the FWPCA lies with neither existing State and local non-Federal requirement that otherwise different agencies— in the former case, regulation in the area, nor State and would be preempted is not preempted if the Federal Railroad Administration, the local authority to regulate in the future. it is otherwise authorized by Federal Federal Highway Administration and RSPA has not received any comments law. The commenter requests a finding RSPA and, in the latter, the Coast Guard from State or local governments on this that § 1321(o)(2) does not ‘‘otherwise and EPA. Incorporation by reference of issue. authorize’’ non-Federal regulation of some portion of Part 130 into the HMR The American Trucking Associations oils that are designated hazardous would result in duplicative and (ATA) requested that RSPA return to the materials. potentially inconsistent enforcement, to approach abandoned in IFR–2 of The commenter, in short, asks the detriment of the regulated designating oil transported in the whether 33 U.S.C. 1321(o)(2) community. Under 33 U.S.C. 1321(o)(2), relevant bulk quantity as a hazardous constitutes, under 49 U.S.C. 5125, an a State may adopt Part 130 verbatim, or material, and issuing the final rule ‘‘authorization’’ of non-Federal may enact other laws with respect to oil under joint authority of the FWPCA and regulation that otherwise would be spill prevention and response. The rule Federal hazmat law. The ATA seeks in preempted by the HMR. This question does not constrain the State’s ability to this way to give the rule the preemptive will become pertinent when a non- regulate in this area or to determine effect over non-Federal regulation that Federal requirement concerning oil spill what State body is to implement the Federal hazmat law provides. Unlike the prevention or response is challenged as regulations that are enacted. preservation of State and local authority contrary to the HMR. The rule issued Documentation to Accompany under 33 U.S.C. 1321, Federal hazmat today neither limits nor expands non- Shipments of Oil. Section 130.11(b) law provides for extensive preemption Federal authority to regulate oil prohibits transporting oil subject to this of non-Federal requirements. 49 U.S.C. transportation, and has no bearing on part unless a readily available document 5125. how § 1321(o)(2) is interpreted. The indicating that the shipment contains Promulgation of oil spill prevention question the commenter poses, oil is in the possession of the transport and response planning regulations accordingly, is outside the scope of this vehicle operator during transportation. under both the FWPCA and Federal rulemaking, and it is not appropriate for This section drew comments from the hazmat law would not necessarily result RSPA to decide it here. Association of American Railroads and in the preemptive effect the commenter Section 5125 provides for a formal several railroad companies, contending desires. Section 5125 provides for administrative determination of that the requirement is burdensome and preemption of non-Federal requirements preemption, on application of a party serves no purpose. They state that the only to the extent those requirements directly affected by a specific predominant practice in the railroad are not otherwise authorized by Federal requirement of a State, State subdivision industry is to generate commodity law. As cited above, 33 U.S.C. or Indian tribe. When an application is descriptions from a computerized 1321(o)(2) explicitly preserves the filed with RSPA concerning a specific Standard Transportation Commodity authority of non-Federal jurisdictions to non-Federal requirement regulating the Code, but that system does not easily regulate oil spill prevention and transportation of oil designated as a accommodate unique shipping paper response. Whether this constitutes hazardous material, and the jurisdiction information, especially for shipments 30540 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations handled by several carriers. These Sheet (MSDS) to notify a carrier that a petroleum oil, so that the owner or commenters suggest that their response shipment contains oil, and a carrier may operator will be required to prepare a to any incident involving oil will be just use an MSDS to accompany a shipment basic response plan in any event. The as timely and appropriate absent the during transportation. This burden of these vehicles’ complying specific identification of each acknowledgement presumes that the with packaging and communication commodity that meets the definition of MSDS accurately and clearly identifies requirements in those cases when they oil. the material as an oil. are carrying less than 3,500 gallons is RSPA is retaining this requirement. It Several commenters requested small enough to justify the does not agree that the requirement is clarification as to placing the ‘‘oil’’ administratively simpler approach of unnecessarily burdensome. Train crews notation on a hazardous materials basing the applicability of prevention currently carry a manifest that shipping paper. If the proper shipping and containment requirements on specifically identifies each car and its name or technical name of a hazardous vehicle cargo capacity. contents. Frequently the manifest is the material that meets the definition of Conversely, oil shipments in single only source of information available to ‘‘oil’’ does not reflect that it is an oil, packagings of more than 42,000 gallons first responders to an incident, and then the word ‘‘oil’’ may be separately will be few and limited to railroad tank RSPA believes it is important that added or appear with the product name, cars. Any shipment of this volume that responders be able to immediately trade name or other information does occur likely would be to a single identify shipments of oil that potentially associated with that material on the consignee, so that in-transit volume threaten the environment. RSPA shipping paper in addition to required measurements would not be necessary. emphasizes that this requirement can be descriptions, consistent with 49 CFR Further, comprehensive response plan met by an appropriate notation on 172.201(a)(4). requirements under 33 U.S.C. 1321(j)(5) currently used transportation Finally, RSPA is adding a list of are addressed to oil transport that meets documents. Thus, there is no need to common shipping descriptions that it a specified (‘‘substantial harm’’) create a new document. believes effectively communicate that environmental risk threshold. RSPA’s The Association of American the materials are oil, thereby precluding conclusion that oil volume is the Railroads requests that the word the need to specifically add the word relevant criterion in determining ‘‘knowingly’’ be added between the ‘‘oil’’ to shipping documents. The list of environmental risk makes it reasonable words ‘‘may’’ and ‘‘transport’’ in common shipping names is added at that the applicability of comprehensive § 130.11(b), so that a carrier would not § 130.11. response plan requirements depend on be held responsible for identifying oil Requirements Based on Packaging the volume of oil being transported in shipments unless the shipper has Capacity vs. Those Based on Volume. the tank car. informed the carrier that the cargo Several comments suggested that the presented for transport includes oil. The rule is inconsistent in applying basic H. Interagency Coordination commenter states that the carrier response planning requirements and In addition to RSPA’s rulemakings in depends on the shipper for commodity prevention and containment this docket (PC–1) and Docket PS–130, identification. requirements to shipments of petroleum Response Plans for Onshore Oil RSPA is not adopting this request. oil in packagings with a capacity of Pipelines, three other Federal agencies Sections 1321(b) (6) and (7) of 33 U.S.C. 3,500 gallons or larger and applying recently have completed or presently set forth the circumstances under which comprehensive response plan are engaged in rulemaking to implement administrative and civil penalties may requirements, and prevention and the spill response planning mandate of be levied for violation of Part 130. These containment requirements for non- 33 U.S.C. 1321(j)(5) within their areas of sections do not provide that a carrier is petroleum oils, to shipments in a jurisdiction. These Federal agencies are subject to penalties for violating Part volume of more than 42,000 gallons in the U.S. Coast Guard (vessels and 130 only when it has knowledge of facts a single packaging. marine transportation-related facilities); that bring it within the compass of the Applying prevention and containment the EPA (non-transportation-related regulations. Rather, the statute imposes requirements for petroleum oil on the onshore facilities); and the Department a strict liability standard, placing the basis of the container capacity is of the Interior’s Minerals Management burden on the carrier affirmatively to warranted by the practical problems that Service (DOI/MMS) (offshore oil determine whether it is carrying cargo would result from applying them on the production facilities). RSPA believes that subjects it to requirements under basis of actual volume of oil present. that the five sets of regulations should Part 130. Indeed, the change the Vehicles transporting petroleum oil in be consistent to the extent practicable, commenter proposes, by excusing the volume range of 3,500 gallons recognizing that the risk of and damage compliance with the regulation absent typically make more than one stop in from spills from different types of actual carrier knowledge that it was delivering the full cargo they are facilities and vessels require that transporting oil, would encourage the carrying. Determining the actual volume distinctions be made. carrier to remain ignorant of its cargo. of oil present at any given time would The importance of consistency among This would not further the statutory require accurate flow metering devices the regulations of the different agencies goal of improving oil spill prevention capable of accounting for temperature implementing § 1321(j) generally has and containment. Under § 130.11, the variations. Further, Federal, State and been expressed in a September 10, 1993 shipper must provide the carrier a local authorities conducting on-the-road letter to RSPA’s Acting Administrator document indicating that the shipment enforcement inspections would be from the National Response Team includes oil; at the same time, the unable to determine whether the (NRT). The NRT is responsible under carrier independently must take regulations applied to a given shipment the NCP for national coordination of oil whatever steps it finds reasonable to absent a means to measure the volume spill response planning. 40 CFR satisfy itself that it either is or is not of the cargo. RSPA expects that most 300.110. RSPA is the DOT accepting oil for shipment. petroleum oil cargo tanks and tank representative on the NRT, and RSPA’s In response to a question from a trucks with a capacity of 3,500 gallons Associate Administrator for Hazardous commenter, RSPA acknowledges that a or larger at some time will be used to Materials Safety chaired the NRT shipper may use a Material Safety Data transport 3,500 gallons or more of Prevention Committee. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30541

RSPA has met to discuss these issues requirements contained herein will not § 130.1 Purpose. with representatives of the USCG, EPA result in a significantly adverse This part prescribes prevention, and MMS. The meetings have included economic impact. containment and response planning participation by representatives of the C. Executive Order 12612 requirements of the Department of trustees for natural resources managed Transportation applicable to or protected by the Departments of the This final rule has been analyzed in transportation of oil by motor vehicles Interior, Agriculture and Commerce. accordance with the principles and and rolling stock. These meetings were informal sessions criteria in Executive Order 12612 in which staff members of the interested (‘‘Federalism’’) and does not have § 130.2 Scope. agencies came together to discuss sufficient federalism impacts to warrant (a) The requirements of this part differences in regulations issued under the preparation of a federalism apply to— the authority of 33 U.S.C. § 1321(j). statement. (1) Any liquid petroleum oil in a RSPA will continue to coordinate packaging having a capacity of 3,500 with the Coast Guard, EPA and MMS, as D. Paperwork Reduction Act gallons or more; and well as other member agencies of the Information collection requirements (2) Any liquid petroleum or non- NRT. In the future, RSPA may applicable to written oil spill response petroleum oil in a quantity greater than undertake rulemaking to consider plans are unchanged in substance and 42,000 gallons per packaging. modifications of the rule as a result of amount of burden from those previously (b) The requirements of this part have this coordination. In addition, RSPA approved under Office of Management no effect on— may evaluate the adequacy of these and Budget (OMB) control number (1) The applicability of the Hazardous rules and regulations in light of Area 2137–0591 (extended to: June 30, 1996). Materials Regulations set forth in Contingency Plans (ACP’s) prepared by RSPA will request reinstatement and Subchapter C of this chapter; and representatives of Federal, State and revision of this approval from OMB and (2) The discharge notification local agencies. Under 33 U.S.C. will display, through publication in the requirements of the United States Coast 1321(j)(4)(C)(ii), each ACP shall describe Federal Register, the valid control Guard (33 CFR part 153) and EPA (40 the area covered by the plan, including number upon approval by OMB. Public CFR part 110). the areas of specific economic or comment on this request was invited (c) The requirements of this part do environmental importance that might be through publication of a Federal not apply to— damaged by a discharge. Should it be Register notice on March 5, 1996 (61 FR (1) Any mixture or solution in which determined that any of these specific 8706). Under the Paperwork Reduction oil is in a concentration by weight of environments may be inadequately Act of 1995, no person is required to less than 10 percent. protected against the threats posed by respond to a requirement for collection (2) Transportation of oil by aircraft or the transportation of oil in a motor of information unless the requirement vessel. vehicle or rail car, RSPA may reopen displays a valid OMB control number. (3) Any petroleum oil carried in a fuel this docket to consider additional tank for the purpose of supplying fuel requirements for response planning, or E. Regulation Identifier Number (RIN) for propulsion of the transport vehicle spill prevention and containment, to A regulation identifier number (RIN) to which it is attached. address those threats. For example, is assigned to each regulatory action (4) Oil transport exclusively within RSPA could, through rulemaking, listed in the Unified Agenda of Federal the confines of a non-transportation- establish criteria and procedures for Regulations. The Regulatory Information related or terminal facility in a vehicle case-by-case designation of facilities Service Center publishes the Unified not intended for use in interstate or subject to response planning Agenda in April and October of each intrastate commerce (see 40 CFR part requirements. year. The RIN contained in the heading 112, appendix A). (d) The requirements in § 130.31(b) of II. Regulatory Analyses and Notices of this document can be used to cross- reference this action with the Unified this part do not apply to mobile marine A. Executive Order 12866 and DOT Agenda. transportation-related facilities (see 33 Regulatory Policies and Procedures CFR part 154). List of Subjects in 49 CFR part 130 This final rule is considered a § 130.3 General requirements. significant regulatory action under Incorporation by reference, Oil, No person may offer or accept for section 3(f) of Executive Order 12866 Response plans, Reporting and transportation or transport oil subject to and was reviewed by the Office of recordkeeping requirements, this part unless that person— Management and Budget. The rule is Transportation. (a) Complies with this part; and considered significant under the In consideration of the foregoing, 49 (b) Has been instructed on the Regulatory Policies and Procedures of CFR part 130 is revised to read as applicable requirements of this part. the Department of Transportation (44 FR follows: 11034) because of public and § 130.5 Definitions. congressional interest. A regulatory PART 130ÐOIL SPILL PREVENTION In this subchapter: Animal fat means evaluation is available for review in the AND RESPONSE PLANS a non-petroleum oil, fat, or grease docket. derived from animals, not specifically Sec. identified elsewhere in this part. B. Regulatory Flexibility Act 130.1 Purpose. Contract or other means is: 130.2 Scope. I certify that this final rule will not 130.3 General requirements. (1) A written contract with a response have a significant economic impact on 130.5 Definitions. contractor identifying and ensuring the a substantial number of small entities. 130.11 Communication requirements. availability of the necessary personnel While this rule applies to numerous 130.21 Packaging requirements. or equipment within the shortest shippers and carriers of oil in bulk, 130.31 Response plans. practicable time; some of whom are small entities, the 130.33 Response plan implementation. (2) A written certification by the spill prevention and response planning Authority: 33 U.S.C. 1321. owner or operator that the necessary 30542 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations personnel or equipment can and will be interstate body, as well as a department, must be designed, constructed, made available by the owner or operator agency, or instrumentality of the maintained, closed, and loaded so that, within the shortest practicable time; or executive, legislative or judicial branch under conditions normally incident to (3) Documentation of membership in of the Federal Government. transportation, there will be no release an oil spill response organization that Petroleum oil means any oil extracted of oil to the environment. ensures the owner’s or operator’s access or derived from geological hydrocarbon to the necessary personnel or equipment deposits, including fractions thereof. § 130.31 Response plans. within the shortest practicable time. Qualified individual means an (a) After September 30, 1993, no EPA means the U.S. Environmental individual familiar with the response person may transport oil subject to this Protection Agency. plan, trained in his or her part unless that person has a current Liquid means a material that has a responsibilities in implementing the basic written plan that: vertical flow of over two inches (50 mm) plan, and authorized, on behalf of the (1) Sets forth the manner of response within a three-minute period, or a owner or operator, to initiate all to discharges that may occur during material having one gram or more liquid response activities identified in the transportation; separation, when determined in plan, to enter into response-related (2) Takes into account the maximum accordance with the procedures contracts and obligate funds for such potential discharge of the contents from specified in ASTM D 4359–84, contracts, and to act as a liaison with the packaging; ‘‘Standard Test Method for Determining the on-scene coordinator and other (3) Identifies private personnel and Whether a Material is a Liquid or a responsible officials. The qualified equipment available to respond to a Solid,’’ 1990 edition, which is individual must be available at all times discharge; incorporated by reference. the owner or operator is engaged in (4) Identifies the appropriate persons transportation subject to part 130 (alone and agencies (including their telephone Note: This incorporation by reference has numbers) to be contacted in regard to been approved by the Director of the Federal or in conjunction with an equally qualified alternate), must be fluent in such a discharge and its handling, Register in accordance with 5 U.S.C. 552(a) including the National Response Center; and 1 CFR part 51. A copy may be obtained English, and must have in his or her from the American Society for Testing and possession documentation of the and Materials, 1916 Race Street, Philadelphia, PA required authority. (5) For each motor carrier, is retained 19103. Copies may be inspected at the Transports or Transportation means on file at that person’s principal place Dockets Unit, Room 8421, DOT headquarters any movement of oil by highway or rail, of business and at each location where building, 400 7th St. SW, Washington, DC and any loading, unloading, or storage dispatching of motor vehicles occurs; 20590 or at the Office of the Federal Register, incidental thereto. and for each railroad, is retained on file 800 North Capitol St. NW, Room 700, at that person’s principal place of Washington, DC. Vegetable oil means a non-petroleum oil or fat derived from plant seeds, nuts, business and at the dispatcher’s office. Maximum extent practicable means kernels or fruits, not specifically (b) After February 18, 1993, no person the limits of available technology and identified elsewhere in this part. may transport an oil subject to this part the practical and technical limits on an Worst-case discharge means ‘‘the in a quantity greater than 1,000 barrels owner or operator of an onshore facility largest foreseeable discharge in adverse (42,000 gallons) unless that person has in planning the response resources weather conditions,’’ as defined at 33 a current comprehensive written plan required to provide the on-water U.S.C. 1321(a)(24). The largest that: recovery capability and the shoreline foreseeable discharge from a motor (1) Conforms with all requirements protection and cleanup capability to vehicle or rail car is the capacity of the specified in paragraph (a) of this conduct response activities for a worst- cargo container. The term ‘‘maximum section; case discharge of oil in adverse weather. potential discharge,’’ used in (2) Is consistent with the requirements Non-petroleum oil means any animal § 130.31(a), is synonymous with ‘‘worst- of the National Contingency Plan (40 fat, vegetable oil or other non-petroleum case discharge.’’ CFR part 300) and Area Contingency oil. Plans; Oil means oil of any kind or in any § 130.11 Communication requirements. (3) Identifies the qualified individual form, including, but not limited to, (a) No person may offer oil subject to having full authority to implement petroleum, fuel oil, sludge, oil refuse, this part for transportation unless that removal actions, and requires and oil mixed with wastes other than person provides the person accepting immediate communications between dredged spoil. the oil for transportation a document that individual and the appropriate indicating the shipment contains oil. Federal official and the persons Note: This definition does not include providing spill response personnel and hazardous substances (see 40 CFR part 116). (b) No person may transport oil subject to this part unless a readily equipment; Other non-petroleum oil means a non- available document indicating that the (4) Identifies, and ensures by contract petroleum oil of any kind that is not an shipment contains oil is in the or other means the availability of, animal fat or vegetable oil. possession of the transport vehicle private personnel (including address Packaging means a receptacle and any operator during transportation. and phone number), and the equipment other components or materials (c) A material subject to the necessary to remove, to the maximum necessary for the receptacle to perform requirements of this part need not be extent practicable, a worst case its containment function in specifically identified as oil when the discharge (including a discharge conformance with the packaging shipment document accurately resulting from fire or explosion) and to requirements of this part. A describes the material as: aviation fuel, mitigate or prevent a substantial threat compartmented tank is a single diesel fuel, fuel oil, gasoline, jet fuel, of such a discharge; packaging. kerosene, motor fuel, or petroleum. (5) Describes the training, equipment Person means an individual, firm, testing, periodic unannounced drills, corporation, partnership, association, § 130.21 Packaging requirements. and response actions of facility State, municipality, commission, or Each packaging used for the personnel, to be carried out under the political subdivision of a State, or any transportation of oil subject to this part plan to ensure the safety of the facility Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30543 and to mitigate or prevent the discharge, new individual fishing quota (IFQ), may be received or held for exclusive or the substantial threat of such a individual transferable quota (ITQ), or use by a person.’’ discharge; and new individual transferable effort Congress’ intent in section 210 of the (6) Is submitted, and resubmitted in allocation programs, until offsetting fees Act apparently was to halt the the event of any significant change, to to fund such programs are authorized development and implementation of the Federal Railroad Administrator (for under the Magnuson Fishery any individual quota system—whether tank cars), or to the Federal Highway Conservation and Management Act the quotas are transferable or not— Administrator (for cargo tanks) at 400 (Magnuson Act). The purpose of this pending passage of a law amending the Seventh Street SW, Washington, DC interpretation is to provide guidance to Magnuson Act to establish fees to 20590–0001. the regional fishery management finance such systems. The Senate added the term ‘‘new individual transferable (Approved by the Office of Management and councils and the public on the programs Budget under control number 2137–0591) for which funds may not be expended effort allocation program,’’ to section through the end of the fiscal year. 210 of the Act although that sort of § 130.33 Response plan implementation. EFFECTIVE DATE: June 17, 1996. effort control is not mentioned in either bill to amend the Magnuson Act. If, during transportation of oil subject FOR FURTHER INFORMATION CONTACT: to this part, a discharge occurs— into or Margaret F. Hayes, Assistant General Interpretation on the navigable waters of the United Counsel for Fisheries, 301–713–2231. States; on the adjoining shorelines to the NMFS interprets the term ‘‘individual SUPPLEMENTARY INFORMATION: navigable waters; or that may affect fishing quota’’ as it is defined in S. 39. natural resources belonging to, Background That definition is functionally similar to appertaining to, or under the exclusive the definition of ‘‘individual quota’’ in The President signed the Act (Public H.R. 39. NMFS believes ‘‘individual management authority of, the United Law 104–134) on April 26, 1996. The States—the person transporting the oil transferable quota’’ is the same as an Act provides funds for the Department IFQ, with the additional aspect of shall implement the plan required by of Commerce through September 30, § 130.31, in a manner consistent with transferability of quota among those 1996. Section 210 of the Act states the eligible to hold ITQs. Neither term the National Contingency Plan, 40 CFR following: part 300, or as otherwise directed by the encompasses ‘‘community development Federal on-scene coordinator. None of the funds appropriated under this quotas,’’ allocations to western Alaska Act or any other Act may be used to develop communities that are treated separately Issued in Washington, DC on June 3, 1996, new fishery management plans, amendments in both bills. under authority delegated in 49 CFR part 1. or regulations which create new individual NMFS interprets ‘‘individual D.K. Sharma, fishing quota, individual transferable quota, transferable effort allocation program’’ Administrator, Research and Special or new individual transferable effort to mean systems allowing fishermen to allocation programs, or to implement any Programs Administration . transfer among themselves or [FR Doc. 96–14611 Filed 6–14–96; 8:45 am] such plans, amendments or regulations approved by a Regional Fishery Management consolidate units of effort, such as days BILLING CODE 4910±60±P Council or the Secretary of Commerce after at sea (DAS) or number of traps. January 4, 1995, until offsetting fees to pay Proposals for such programs have been for the cost of administering such plans, discussed by the New England Fishery DEPARTMENT OF COMMERCE amendments or regulations are expressly Management Council for the Atlantic authorized under the Magnuson Fishery sea scallop and American lobster National Oceanic and Atmospheric Conservation and Management Act (16 U.S.C. fisheries. Administration 1801 et seq.). This restriction shall not apply in any way to any such programs approved Programs Affected 50 CFR Chapter VI by the Secretary of Commerce prior to Because they are funded through January 4, 1995. [Docket No. 960606161±6161±01; I.D. Federal appropriations, the regional 051796E] This provision is intertwined with fishery management councils must bills currently pending in both Houses suspend work until the end of the fiscal RIN 0648±XX63 of Congress to reauthorize and amend year on portions of FMPs, amendments, the Magnuson Act. The House-passed Limit on Fishery Management Plan or regulations that relate to new IFQs, bill, H.R. 39, would establish fees to be Development; Public Law 104±134; ITQs, or individual transferable effort used to administer individual quota Interpretation allocation programs. NMFS has notified systems. The term ‘‘individual quota’’ is each council of pending proposals it AGENCY: National Marine Fisheries defined in section 16(b) of the House believes are within the scope of this Service (NMFS), National Oceanic and bill as ‘‘a grant of permission to harvest restriction, as follows: Atmospheric Administration (NOAA), or process a quantity of fish in a fishery, North Pacific Council: (1) IFQs for the Commerce. during each fishing season for which the Alaska pollock fishery, whereby a vessel ACTION: Interpretation. permission is granted, equal to a stated owner would be allocated annually a percentage of the total allowable catch certain percentage of the pollock total SUMMARY: NMFS is issuing this for the fishery.’’ allowable catch. (2) Vessel bycatch document to provide its interpretation The Senate bill, S. 39, which has not accounts, allocations of an allowable of the limitations placed on the use of yet passed the Senate, also would take of prohibited species bycatch to an appropriated funds by the Department establish fees to fund an IFQ program. individual vessel owner or to groups of of Commerce and Related Agencies The bill (section 103) defines vessel owners. Appropriations Act of 1996 (Act) for ‘‘individual fishing quota’’ to mean ‘‘a Pacific Council: Cumulative trip fiscal year 1996. The Act states that no revocable Federal permit under a limits in the non-trawl sablefish fishery, appropriated funds may be used to limited access system to harvest a whereby an allowable catch would be develop or implement new fishery quantity of fish that is expressed by a divided among a fixed number of permit management plans (FMPs), FMP unit or units representing a percentage holders, based either on historic harvest amendments, or regulations that create of the allowable catch of a fishery that of the vessel or on an equal allocation 30544 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations among all vessels. The cumulative trip This rule has been determined to be according to the Fishery Management limit is the equivalent of a percentage not significant for the purposes of E.O. Plan for the Groundfish Fishery of the share the vessel owner is entitled to 12866. Bering Sea and Aleutian Islands Area harvest. Dated: June 11, 1996. (FMP) prepared by the North Pacific Gulf Council: Red snapper ITQ Gary Matlock, Fishery Management Council under amendment. While the amendment was authority of the Magnuson Fishery approved and final regulations Program Management Officer, National Marine Fisheries Service. Conservation and Management Act. published in 1995, the ITQ system has Fishing by U.S. vessels is governed by [FR Doc. 96–15323 Filed 6–14–96; 8:45 am] not yet been implemented. Section 210 regulations implementing the FMP at 50 prohibits any work on implementing the BILLING CODE 3510±22±F CFR parts 620 and 675. system until the end of this fiscal year. Mid-Atlantic Council: An ITQ system Directed fishing for Pacific cod by for mahogany quahogs. Although this 50 CFR Part 675 vessels using trawl gear in the BSAI was prohibited on May 14, 1996, (61 FR provision is a modification of an [Docket No. 960129019±6019±01; I.D. approved ITQ system under 061096A] 24730, May 16, 1996) to prevent Amendment 8 to the Surf Clam and exceeding the first seasonal bycatch Ocean Quahog FMP, its characteristics Groundfish of the Bering Sea and allowance of Pacific halibut apportioned (e.g., the unit of allocation and the Aleutian Islands Area; Pacific Cod by to that fishery. period of landings on which it is Vessels Using Trawl Gear The Director, Alaska Region, NMFS, calculated) differ so substantively that it has determined that as of May 25, 1996, AGENCY: National Marine Fisheries 89 metric tons of halibut mortality must be viewed as a new ITQ system. Service (NMFS), National Oceanic and New England Council: Aspects of remain in the first seasonal bycatch Atmospheric Administration (NOAA), proposed Amendment 6 to the Atlantic allowance. Therefore, NMFS is Commerce. Sea Scallop FMP relating to terminating the previous closure and is ACTION: transferability or consolidation of DAS, Modification of a closure. opening directed fishing for Pacific cod and proposed Amendment 5 to the SUMMARY: NMFS is opening directed by vessels using trawl gear in the BSAI. American Lobster FMP relating to fishing for the Pacific cod fishery by All other closures remain in full force transferable quotas and traps. vessels using trawl gear in the Bering and effect. Classification Sea and Aleutian Islands management area (BSAI). This action is necessary to Classification This final rule is issued under the Magnuson Act, 16 U.S.C. 1801 et seq. fully utilize the first seasonal bycatch This action is taken under 50 CFR In that this rule merely interprets a allowance of Pacific halibut apportioned 675.20 and is exempt from review under provision of Public Law 104–134 to the trawl Pacific cod fishery category E.O. 12866. in the BSAI. without creating any new rights or Authority: 16 U.S.C. 1801 et seq. duties, it is not subject to the EFFECTIVE DATE: 12 noon, Alaska local requirement to provide prior notice and time (A.l.t.), June 14, 1996, until 12 Dated: June 11, 1996. opportunity for public comment under noon, A.l.t., October 25, 1996. Richard H. Schaefer, 5 U.S.C. 553(b)(A). Similarly, as an FOR FURTHER INFORMATION CONTACT: Director, Office of Fisheries Conservation and interpretive rule, it is not subject to a Andrew N. Smoker, 907–586–7228. Management, National Marine Fisheries 30-day delay in effective date pursuant SUPPLEMENTARY INFORMATION: The Service. to authority set forth at 5 U.S.C. groundfish fishery in the BSAI exclusive [FR Doc. 96–15257 Filed 6–12–96; 10:44 am] 553(d)(2). economic zone is managed by NMFS BILLING CODE 3510±22±F 30545

Proposed Rules Federal Register Vol. 61, No. 117

Monday, June 17, 1996

This section of the FEDERAL REGISTER Federal Register notice published on Public Comments contains notices to the public of the proposed March 8, 1996 (61 FR 9371, Docket No. The meeting will be open to the issuance of rules and regulations. The 93–076–8), was held on April 1–3, 1996. public. Public participation at the purpose of these notices is to give interested The March 8 Federal Register notice meeting will be allowed during periods persons an opportunity to participate in the stated that the April 1–3 meeting would rule making prior to the adoption of the final announced at the meeting for this rules. be the final Committee meeting. purpose. However, following that meeting, This notice is given pursuant to funding was obtained to allow for one section 10 of the Federal Advisory DEPARTMENT OF AGRICULTURE more meeting. This notice announces Committee Act. the third and final meeting of the Animal and Plant Health Inspection Committee. Done in Washington, DC, this 11th day of June 1996. Service The purpose of the meeting is to bring together members of the Animal and Terry L. Medley, 9 CFR Parts 1 and 3 Plant Health Inspection Service, Acting Administrator, Animal and Plant representatives of the marine mammal Health Inspection Service. [Docket No. 93±076±9] public display community, the marine [FR Doc. 96–15279 Filed 6–14–96; 8:45 am] RIN 0579±AA59 mammal research community, the BILLING CODE 3410±34±P animal welfare community, and Animal Welfare; Marine Mammals members of other Federal agencies with a definable stake in marine mammal AGENCY: Animal and Plant Health FEDERAL RESERVE SYSTEM care issues to frame a recommended Inspection Service, USDA. rulemaking proposal to amend the 12 CFR Part 204 ACTION: Notice of meeting. current regulatory program concerning care and maintenance standards for [Regulation D; Docket No. R±0929] SUMMARY: The purpose of this notice is captive marine mammals. to announce the third and final meeting Reserve Requirements of Depository The Committee will determine the Institutions of the Marine Mammal Negotiated final agenda for the meeting at its Rulemaking Advisory Committee. beginning. The tentative agenda for the AGENCY: Board of Governors of the DATES: July 8, 9, and 10, 1996, from 8:30 meeting is as follows: Federal Reserve System. a.m. to 5:00 p.m. each day. First Day ACTION: Notice of proposed rulemaking. ADDRESSES: The meeting will be held at the USDA Center at Riverside, Morning Session—8:30 a.m. SUMMARY: The Board of Governors of the Conference Center Rooms A and B, 4700 Establish Agenda for Meeting Federal Reserve System is proposing to River Road, Riverdale, Maryland 20737, Discussion of Marine Mammal amend its Regulation D regarding (301) 734–7833. Regulations reserve requirements of depository institutions issued pursuant to section FOR FURTHER INFORMATION CONTACT: Dr. Afternoon Session—1 p.m. Barbara Kohn, Senior Staff Veterinarian, 19 of the Federal Reserve Act in order Animal Care Staff, REAC, APHIS, 4700 Discussion of Marine Mammal to reduce regulatory burden and River Road Unit 84, Riverdale, MD Regulations simplify and update requirements. This 20737–1234, (301) 734–7833. Public Comments proposal to modernize Regulation D is SUPPLEMENTARY INFORMATION: In a Second Day in accordance with the Board’s policy of regular review of its regulations and the Federal Register notice published on Morning Session—8:30 a.m. May 22, 1995 (60 FR 27049–27051, Board’s review of its regulations under Docket No. 93–076–3), we announced Establish Agenda for Day section 303 of the Riegle Community Committee Administrative Issues our intent to establish a Marine Development and Regulatory Discussion of Marine Mammal Mammal Negotiated Rulemaking Improvement Act of 1994. Regulations Advisory Committee (Committee), DATES: Comments must be received by chartered under the Federal Advisory Afternoon Session—1 p.m. August 16, 1996. Committee Act (Pub. L. 92–463). The Discussion of Marine Mammal ADDRESSES: Comments, which should Committee will review the current Regulations refer to Docket No. R–0929, may be regulations and standards under the Public Comments mailed to Mr. William W. Wiles, Animal Welfare Act concerning the care Secretary, Board of Governors of the and maintenance of captive marine Third Day Federal Reserve System, 20th Street and mammals, and provide consensus Morning Session—8:30 a.m. Constitution Avenue, N.W., language to amend the regulations. The Establish Agenda for Day Washington, DC 20551. Comments first meeting of the Committee, which Committee Administrative Issues addressed to Mr. Wiles also may be was announced in a Federal Register Discussion of Marine Mammal delivered to the Board’s mail room notice published on September 8, 1995 Regulations between 8:45 a.m. and 5:15 p.m., and to (60 FR 46783–46784, Docket No. 93– the security control room outside of 076–7), was held on September 25–26, Afternoon Session—1 p.m. those hours. Both the mail room and the 1995. The second meeting of the Discussion of Marine Mammal security control room are accessible Committee, which was announced in a Regulations from the courtyard entrance on 20th 30546 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

Street between Constitution Avenue and withdrawals, as the imposition of an Allocation of Reserve Requirements C Street, N.W. Comments may be early withdrawal penalty is required Exemption inspected in Room MP–500 between under the time deposit definition only The allocation of the reserve 9:00 a.m. and 5:00 p.m. weekdays, during the first six days after deposit. requirements exemption specified in except as provided in § 261.8 of the The Board proposes to clarify that the § 204.3(a)(3)(i) requires that the Board of Governors’ Rules Regarding footnote is not intended to impose a exemption be allocated first to net Availability of Information, 12 CFR prohibition on withdrawals before transaction accounts in the form of 261.8. maturity, but to permit penalty-free NOW (and similar) accounts and second FOR FURTHER INFORMATION CONTACT: withdrawals under certain to other transaction accounts. This Brian Reid, Economist, Division of circumstances during the period when provision was related to the phase-in of Monetary Affairs (202/452–3589); Sue the imposition of an early withdrawal reserve requirements for nonmember Harris, Economist, Division of Research penalty otherwise would be required. banks and the authorization of NOW and Statistics (202/452–3490); or Rick and similar transaction accounts Heyke, Staff Attorney, Legal Division Nonpersonal Time Deposits nationwide. Since the phase-in is now (202/452–3688). For the hearing The definition of nonpersonal time complete and nonmember institutions impaired only, Telecommunications are subject to the same reserve deposit in § 204.2(f)(1) (iii) and (iv) Device for the Deaf (TDD), Dorothea requirements as member banks, the distinguishes between transferable time Thompson (202/452–3544). provision has ceased to have any effect, deposits originally issued before and the Board proposes to delete it. SUPPLEMENTARY INFORMATION: October 1, 1980, and those issued on or Background after that date. Since the Board believes Deductions Allowed in Computing that most of these deposits have since Reserves As part of its policy of regular review matured, this distinction is no longer The deduction in § 204.3(f)(1) limits of its regulations, and consistent with meaningful and the Board proposes to the amount of cash items in process of section 303 of the Riegle Community delete it. collection and balances subject to Development and Regulatory immediate withdrawal due from Improvement Act of 1994 (‘‘Riegle Section 204.2(f)(3) requires that a domestic depository institutions that Act’’), the Board of Governors of the nonpersonal time deposit with a stated 1 may be subtracted from an institution’s Federal Reserve System (‘‘Board’’) is maturity or notice period of 1 ⁄2 years or NOW accounts. Amounts in excess of proposing to amend its Regulation D more either be subject to a minimum this limit may be subtracted from other regarding reserve requirements of withdrawal penalty of 30 days’ interest (if withdrawn more than six days but transaction accounts. Since the phase-in depository institutions (12 CFR Part of reserve requirements for nonmember 204) issued pursuant to section 19 of the within 11⁄2 years after the date of deposit) or be treated as a deposit with banks is now complete, all types of Federal Reserve Act. Section 303 of the transaction accounts are subject to the an original maturity or notice period of Riegle Act requires each federal banking same reserve requirements. Therefore, less than 11⁄2 years. Since 1991, the agency to review and streamline its this limitation has ceased to have any reserve requirement ratio has been set at regulations and written policies to effect and the Board proposes to delete improve efficiency, reduce unnecessary zero for all time deposits regardless of it. costs, and remove inconsistencies and maturity. Moreover, the form for outmoded and duplicative reporting reservable liabilities (Form FR Federal Reserve Credit for Depository requirements. The proposed 2900) no longer requires depository Institutions Maintaining Pass-Through amendments are designed to reduce institutions to report the amount of time Balances regulatory burden and simplify and deposits by category of maturity. The Section 19(e) of the Federal Reserve update the Regulation. requirement to treat time deposits not Act prohibits member banks from acting The principal amendments being subject to a minimum penalty of 30 as the medium or agent of a nonmember proposed are described below. In days’ interest as having an initial bank in applying for or receiving general, the amendments delete maturity of less than 11⁄2 years is thus discounts from a Federal Reserve Bank transitional rules relating to the of no practical impact. The Board except by permission of the Board. expansion of reserve requirements to therefore proposes to delete it and Regulation A, Extensions of Credit by nonmember depository institutions, the footnote 2 to § 204.2(c)(1)(i), which Federal Reserve Banks (12 CFR Part authorization of NOW accounts refers to it. 201), was amended in 1993 to delegate nationwide, and other matters that no authority for this permission to the longer have a significant effect. Eurocurrency Liabilities Federal Reserve Bank that extends the credit. 12 CFR 201.6(d). The proposal Time Deposits The definition of Eurocurrency would correspondingly amend liabilities in section 204.2(h)(1) includes Section 204.2(c)(1) defines time § 204.3(i)(5)(iv) of Regulation D an amount equal to certain assets that deposits as deposits from which the effectively to complete the delegation of depositor may not make withdrawals were held by a depository institution’s this authority to the Federal Reserve within six days after the date of deposit International Banking Facility or by Bank that extends the credit. (or notice of withdrawal) or partial non-United States offices of the withdrawal unless such withdrawals are depository institution or of an affiliated Transition Rules subject to an early withdrawal penalty. Edge or agreement corporation and that The regulation currently includes in Under certain circumstances specified were acquired from the depository § 204.4(a) a transition rule for in footnote 1, a time deposit may be institution’s United States offices on or depository institutions outside of paid before maturity without imposing after October 7, 1979. The Board Hawaii that were nonmembers of the the early withdrawal penalty. A time proposes to delete the exclusion of Federal Reserve System on July 1, 1979, deposit generally may be paid without assets acquired before October 7, 1979, and that remained nonmembers. With penalty from the seventh day after because it believes that the amount of the completion of the phase-in on deposit through maturity, absent partial these assets is immaterial. September 10, 1987, this rule ceased to Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30547 have any effect. Section 204.4(b) Board proposes to delete it. In order to The proposal will apply to all contains a transition rule for depository avoid disrupting economic expectations depository institutions regardless of institutions that were not members based on the de novo transition rule, size, except that the transition rule for between July 1, 1979, and September 1, however, any institution covered by the de novo institutions applies only to 1980, and that subsequently became de novo transition rule on the effective institutions with total transaction members; since reserve requirements for date of the amendments will be accounts, nonpersonal time deposits, nonmember institutions are fully grandfathered for purposes of and Eurocurrency liabilities of less than phased in, this rule also has ceased to determining its required reserves. $50 million. Currently there are 18 have any effect. Section § 204.4(d) Section 204.4(e) governs transition institutions subject to the de novo contains a transition rule for requirements in cases of mergers and transition rule. nonmember depository institutions that consolidations. Paragraph (e)(1) covers Except for the transition rules relating were engaged in business in Hawaii on ‘‘similar’’ mergers, where all depository to dissimilar mergers and de novo August 1, 1978, and that remained institutions are subject to the same institutions, the amendments are nonmembers; this rule ceased to have transition rules, and paragraph (e)(2), burden-reducing. The current transition any effect on January 7, 1993. Therefore, ‘‘dissimilar’’ mergers, where the rules for dissimilar mergers provide a the Board proposes to delete these rules. institutions are subject to different minor temporary potential reduction in Section 204.4(c) sets forth a transition transition rules. Currently, no reserve requirements for certain merged rule for de novo depository institutions institution is subject to the ‘‘dissimilar’’ institutions. However, no institutions with daily average reservable liabilities merger transition rules. With the phase- are currently benefiting from the of less than $50 million whereby their in of reserve requirements for dissimilar merger rules. The transition reserve requirement is 40 percent of the nonmember institutions, the transition rules for de novo institutions, which are reserves otherwise required in rules (other than the merger and de novo only applicable to institutions with maintenance periods during the first rules) have become inoperative. reservable liabilities of less than $50 quarter after entering into business, Moreover, as discussed above, the de million and provide only a temporary increasing to 100 percent in novo rules no longer have a significant benefit, have become much less maintenance periods during the eighth effect in most cases, and the Board is significant with the increase in the low- and succeeding quarters. The low proposing to delete them. Therefore, the reserve tranche cutoff to $52.0 million. reserve tranche of a depository difference between the ‘‘similar’’ and Partly for this reason, only 4 of the 18 institution’s net transaction accounts is ‘‘dissimilar’’ merger rules is minimal, institutions currently receiving de novo currently subject to a reserve and would be eliminated under the phase-in benefits are not fully meeting requirement of 3 percent, as compared proposal. As a result, all mergers would their reserve requirements with vault with 10 percent for its net transaction be ‘‘similar’’ mergers. Therefore, the cash. If the de novo transition rule were accounts in excess of the low reserve Board proposes to delete the eliminated, the number of de novo tranche. Since 1982, the low reserve ‘‘dissimilar’’ merger transition rule and institutions with required reserves in tranche cutoff has been indexed to net apply the current ‘‘similar’’ merger excess of vault cash would not change, transaction accounts of all depository transition rule to all mergers. and the additional required reserves of institutions; as a result, the cutoff has these 4 institutions would be small. increased from $25 million to $52 Reserve Ratios Moreover, in order to avoid disrupting million. Thus, all transaction accounts Section 204.9(b) sets forth the reserve economic expectations based on the de of de novo depository institutions that ratios in effect during the last reserve novo transition rule, any institution could avail themselves of this transition computation period prior to September covered by the de novo transition rule rule are now covered by the low reserve 1, 1980, for use in transition on the effective date of the amendments tranche. Moreover, beginning in 1982, adjustments that are no longer will be grandfathered for the purpose of $2 million of reservable deposits have applicable. The Board proposes to been subject to a zero percent reserve delete the section. determining its required reserves. requirement; this exemption is indexed Therefore, the Board believes that the Initial Regulatory Flexibility Analysis to total reservable liabilities of all amendments will not have a significant depository institutions and is currently The Regulatory Flexibility Act (5 adverse economic impact on a $4.3 million. U.S.C. 601–612) requires an agency to substantial number of small entities. In addition, a depository institution’s publish an initial regulatory flexibility Paperwork Reduction Act vault cash may be used to meet its analysis with any notice of proposed reserve requirement. Since de novo rulemaking. Two of the requirements of In accordance with the Paperwork depository institutions generally have an initial regulatory flexibility analysis Reduction Act notice of 1995 (44 U.S.C. relatively low levels of deposits in (5 U.S.C. 603(b))—a description of the Ch. 3506; 5 CFR part 1320, Appendix relation to the reserve requirement reasons why the agency is considering A.1), the Board has reviewed the exemption and the low reserve tranche the action and a statement of the proposed rule under the authority cutoff, most are able to meet reserve objectives of, and legal basis for, the delegated to the Board by the Office of requirements with vault cash and the proposed rule—are contained in Management and Budget. No collection others maintain minimal reserve ‘‘Supplementary Information— of information pursuant to the balances. (Currently 18 depository Background’’ above. The Regulation D Paperwork Reduction Act are contained institutions are receiving de novo phase- amendments being proposed require no in the proposed rule. ins, and 14 of them are fully meeting additional reporting or recordkeeping List of Subjects in 12 CFR Part 204 their reserve requirements with vault requirements and do not overlap with cash.) Thus, this rule provides minimal other federal rules. Banks, banking, Reporting and benefits in terms of reducing required Another requirement for the initial recordkeeping requirements. reserve balances of de novo institutions regulatory flexibility analysis is a For the reasons set forth in the and unnecessarily complicates the description of and, where feasible, an preamble, the Board proposes to amend processing of deposit reporting and estimate of the number of small entities part 204 of chapter II of title 12 as reserve calculations. Consequently, the to which the proposed rule will apply. follows: 30548 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

PART 204ÐRESERVE 3. Section 204.3 is amended as b. In paragraph (a)(3)(v), footnotes 15 REQUIREMENTS OF DEPOSITORY follows: and 16 are redesignated as footnotes 13 INSTITUTIONS (REGULATION D) a. Paragraph (a)(3)(i) is removed and and 14, respectively, and revised to read the paragraph designation (a)(3)(ii) is as follows: 1. The authority citation for part 204 removed. continues to read as follows: b. Paragraph (f)(1) is revised. § 204.8 International banking facilities. Authority: 12 U.S.C. 248(a), 248(c), 371a, c. Paragraph (i)(5)(iv) is removed. (a) Definitions. *** 461, 601, 611, and 3105. The revisions are as follows: * * * * * (3) International banking facility 2. Section 204.2 is amended as § 204.3 Computation and maintenance. follows: extension of credit or IBF loan *** a. In paragraph (c)(1)(i), the * * * * * * * * * * introductory text of footnote 1 is (f) Deductions allowed in computing (v) * * * 13 * * * 14 *** amended by removing ‘‘before maturity’’ reserves. (1) In determining the reserve balance required under this part, the § 204.9 [Amended] and adding in its place, ‘‘during the 6. Section 204.9 is amended by period when an early withdrawal amount of cash items in process of collection and balances subject to removing paragraph (b), by penalty would otherwise be required redesignating paragraph (a)(1) as under this part’’, removing ‘‘the’’ after immediate withdrawal due from other depository institutions located in the paragraph (a), and by redesignating ‘‘imposing’’ adding in its place, ‘‘an’’, paragraph (a)(2) as paragraph (b). removing ‘‘penalties’’ and adding in its United States (including such amounts place ‘‘penalty’’, and footnote 2 is due from United States branches and By order of the Board of Governors of the removed. agencies of foreign banks and Edge and Federal Reserve System, June 10, 1996. b. In paragraphs (c)(1)(iv)(C), agreement corporations) may be William W. Wiles, (c)(1)(iv)(E), and (d)(2), footnotes 3 deducted from the amount of gross Secretary of the Board. through 6 are redesignated as footnotes transaction accounts. The amount that [FR Doc. 96–15120 Filed 6–14–96; 8:45 am] may be deducted may not exceed the 2 through 5, respectively. BILLING CODE 6210±01±P c. Paragraph (f)(1)(iii) is revised. amount of gross transaction accounts. d. Paragraph (f)(1)(iv) is removed and * * * * * paragraph (f)(1)(v) is redesignated as 4. Section 204.4 is revised to read as DEPARTMENT OF TRANSPORTATION paragraph (f)(1)(iv). follows: e. In newly redesignated paragraphs Federal Aviation Administration § 204.4 Transitional adjustments in (f)(1)(iv)(C) and (f)(1)(iv)(E), footnotes 7 mergers. and 8 are redesignated as footnotes 6 14 CFR Part 39 In cases of mergers and consolidations and 7, respectively. [Docket No. 94±SW±17±AD] f. Paragraph (f)(3) is removed. of depository institutions, the amount of g. In paragraph (h)(1)(ii)(A), footnote reserves that shall be maintained by the Airworthiness Directives; Schweizer 10 is redesignated as footnote 8 and is surviving institution shall be reduced by Aircraft Corporation and Hughes amended by removing ‘‘(1) that were an amount determined by multiplying Helicopters, Inc. Model 269A, 269A±1, acquired before October 7, 1979, or (2)’’. the amount by which the required 269B, and TH±55A Helicopters h. In paragraphs (h)(2)(ii) and (t), reserves during the computation period AGENCY: footnotes 11 and 12 are redesignated as immediately preceding the date of the Federal Aviation footnotes 9 and 10, respectively, and merger (computed as if the depository Administration, DOT. newly redesignated footnote 9 is institutions had merged) exceeds the ACTION: Notice of proposed rulemaking amended by revising ‘‘Footnote 10’’ to sum of the actual required reserves of (NPRM). each depository institution during the read ‘‘footnote 8’’. The revisions are as SUMMARY: This document proposes to follows: same computation period, times the appropriate percentage as specified in supersede an existing airworthiness § 204.2 Definitions. the following schedule: directive (AD), applicable to Schweizer Aircraft Corporation and Hughes * * * * * Helicopters, Inc. Model 269A, 269A–1, (f)(1) Nonpersonal time deposit * ** Percent- age ap- 269A–2, and 269B helicopters, that * * * * * Maintenance periods occurring plied to dif- currently requires initial and repetitive (iii) A transferable time deposit. A during quarters following merger ference to inspections of the main rotor thrust time deposit is transferable unless it compute or consolidation amount to bearing (bearing) for bearing rotational contains a specific statement on the be sub- roughness, corrosion, inadequate certificate, instrument, passbook, tracted lubrication, physical damage, or statement or other form representing the excessive zinc chromate paste or 1 ...... 87.5 account that is not transferable. A time moisture. This action would require the deposit that contains a specific 2 ...... 75.0 3 ...... 62.5 same initial and repetitive inspections statement that it is not transferable is required by the existing AD, but would not regarded as transferable even if the 4 ...... 50.0 5 ...... 37.5 extend the retirement life for certain following transactions can be effected: a 6 ...... 25.0 bearings, and would remove the Model pledge as collateral for a loan, a 7 ...... 12.5 269A–2 helicopter from, and add the transaction that occurs due to 8 and succeeding ...... 0 Model TH–55A helicopters to the circumstances arising from death, applicability of this AD. This proposal incompetency, marriage, divorce, 5. Section 204.8 is amended as is prompted by an FAA analysis of attachment, or otherwise by operation of follows: service information issued by the law or a transfer on the books or records a. In paragraph (a)(2)(i)(B)(5), of the institution; and footnotes 13 and 14 are redesignated as 13 See footnote 11. * * * * * footnotes 11 and 12, respectively. 14 See footnote 12. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30549 manufacturer that extends the must submit a self-addressed, stamped Additionally, the Model 269A–2 Serial retirement life for certain bearings. The postcard on which the following No. 0001) was deleted from that Type actions specified by the proposed AD statement is made: ‘‘Comments to Certificate Data Sheet. Therefore, the are intended to prevent failure of the Docket No. 94–SW–17–AD.’’ The Model 269A–2 is removed from the bearing, loss of the main rotor, and postcard will be date stamped and applicability of this AD. Finally the subsequent loss of control of the returned to the commenter. Model TH–55A helicopter was omitted helicopter. Availability of NPRMs from the applicability of the existing DATES: Comments must be received by AD, and has been added to the August 16, 1996. Any person may obtain a copy of this applicability of this AD. NPRM by submitting a request to the ADDRESSES: Submit comments in Since an unsafe condition has been FAA, Office of the Assistant Chief triplicate to the Federal Aviation identified that is likely to exist or Counsel, Attention: Rules Docket No. Administration (FAA), Office of the develop another Schweizer Aircraft 94–SW–17–AD, 2601 Meacham Blvd., Assistant Chief Counsel, Attention: Corporation and Hughes Helicopters, Room 663, Fort Worth, Texas 76137 Rules Docket No. 94–SW–17–AD, 2601 Inc. Model 269A, 269A–1, 269B, and Meacham Blvd., Room 663, Fort Worth, Discussion TH–55A helicopters of the same type Texas 76137. Comments may be On October 11, 1968, the FAA issued design, the proposed AD would inspected at this location between 9:00 AD 68–21–05, Amendment 39–672 (33 supersede AD 68–21–05 to require the a.m. and 3:00 p.m., Monday through FR 15543, October 19, 1968), to require, same initial and repetitive inspections Friday, except Federal holidays. for Model 269A helicopters, serial required by the existing AD, but extend The service information referenced in numbers (S/N) 0011 through 0979 the retirement life for bearings, P/N the proposed rule may be obtained from (except Model TH–55A helicopters), 269A5050–73, from 1,800 hours TIS to Schweizer Aircraft Corporation, P.O. Model 269A–1 helicopters, S/N 0001 3,000 hours TIS. Box 147, Elmira, New York 14902. This through 0041, Model 269A–2 helicopter, The FAA estimates that 500 information may be examined at the S/N 0001, and Model 269B, S/N 0001 helicopters of U.S, registry would be FAA, Office of the Assistant Chief through 0370, an initial inspection at 25 affected by this proposed AD, that it Counsel, Room 663, 2601 Meacham hours time-in-service (TIS) and would take approximately 8 work hours Blvd., Fort Worth, Texas. thereafter, repetitive inspections at 150 per helicopter to accomplish the FOR FURTHER INFORMATION CONTACT: hours TIS intervals of the bearing, part proposed actions, and that the average Mr. Ray O’Neill, Aerospace Engineer, number (P/N 269A5050–50 or P/N labor rate is $60 per work hour. Airframe and Propulsion Branch, New 269A5050–51, for bearing corrosion, Required parts would cost York Aircraft Certification Office, FAA, inadequate lubrication, physical approximately $1,890 per helicopter. New England Region, 10 5th Street, damage, or evidence of excessive zinc Based on these figures, the total cost Valley stream, New York 11581, chromate paste or moisture; and, to impact of the proposed AD on U.S. telephone (516) 256–7505, fax (516) establish a bearing retirement life of 300 operators is estimated to be $1,185,000. 568–2716. hours TIS. The AD was revised and The regulations proposed herein would not have substantial direct effects SUPPLEMENTARY INFORMATION: issued on July 24, 1970 (35 FR 12532, August 6, 1970) to require, for bearings, on the States, on the relationship Comments Invited P/N 269A5050–73, repetitive between the national government and Interested persons are invited to inspections at 600 hours TIS intervals the States, or on the distribution of participate in the making of the for bearing corrosion, rust, freedom of power and responsibilities among the proposed rule by submitting such rotation, looseness, binding, nicks, various levels of government. Therefore, written data, views, or arguments as burrs, cracks, and inadequate in accordance with Executive Order they may desire. Communications lubrication; and to establish a bearing 12612, it is determined that this should identify the Rules Docket retirement life of 1,800 hours TIS. These proposal would not have sufficient number and be submitted in triplicate to actions were prompted by several federalism implications to warrant the the address specified above. All reports of failures of the bearings in preparation of a Federalism Assessment. communications received on or before military-use helicopters (Model TH– For the reasons discussed above, I the closing date for comments, specified 55a) that were equipped with the same certify that this proposed regulation (1) above, will be considered before taking bearings. That condition, if not is not a ‘‘significant regulatory action’’ action on the proposed rule. The corrected, could result in failure of the under Executive Order 12866; (2) is not proposals contained in this notice may main rotor thrust bearing, loss of the a ‘‘significant rule’’ under the DOT be changed in light of the comments main rotor, and subsequent loss of Regulatory Policies and Procedures (44 received. control of the helicopter. FR 11034, February 26, 1979); and (3) if Comments are specifically invited on Since the issuance of that AD, Hughes promulgated, will not have a significant the overall regulatory, economic, Helicopters, Inc., issued a report economic impact, positive or negative, environmental, and energy aspects of (Hughes Report JS–10–3, Revised May 4, on a substantial number of small entities the proposed rule. All comments 1979), which stated that the retirement under the criteria of the Regulatory submitted will be available, both before life for the bearing, P/N 269A5050–73, Flexibility Act. A copy of the draft and after the closing date for comments, should be extended from 1,800 hours regulatory evaluation prepared for this in the Rules Docket for examination by TIS to 3,000 hours TIS. There have been action is contained in the Rules Docket. interested persons. A report no reports of failures of that bearing A copy of it may be obtained by summarizing each FAA-public contact since the issuance of AD 68–21–05. In contacting the Rules Docket at the concerned with the substance of this 1979, the FAA incorporated the 3,000 location provided under the caption proposal will be filed in the Rules hours TIS retirement life into Type ADDRESSES. Docket. Certificate Data Sheet 4H12, Revision List of Subjects in 14 CFR Part 39 Commenters wishing the FAA to 19, which governs Schweizer Aircraft acknowledge receipt of their comments Corporation Model 269A, 269A–1, Air transportation, Aircraft, Aviation submitted in response to this notice 269B, and former TH–55A helicopters. safety, Safety. 30550 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

The Proposed Amendment hours TIS, replace the bearing before further (1) If corrosion or physical damage is flight. found, replace the mast with an airworthy Accordingly, pursuant to the (2) If the TIS on the hearing, P/N mast that has been modified in accordance authority delegated to me by the 269A5050–50 or –51, equals or exceeds 275 with Step III of SSN No. N–59, dated October Administrator, the Federal Aviation hours TIS, retire the bearing from service 9, 1968. Administration proposes to amend part within 25 hours TIS after the effective date (2) If the interior of the mast has foreign 39 of the Federal Aviation Regulations of this AD. materials, moisture or inadequate drainage (14 CFR part 39) as follows: (b) Inspect bearing, P/N 269A5050–50 or due to a buildup of zinc chromate past, clean –51, for rotational roughness, corrosion, the area with a suitable solvent in accordance PART 39ÐAIRWORTHINESS inadequate lubrication, physical damage, with Step II of SSN No. N–59, dated October 9, 1968. DIRECTIVES moisture or inadequate drainage due to build-up of zinc chromate paste in (3) If the mast has not been modified, 1. The authority citation for part 39 accordance with Step II, paragraph b of modify the mast in accordance with Step III Schweizer Service Notice (SSN) No. N–59, of SSN No. N–59, dated October 9, 1968. continues to read as follows: dated October 9, 1968. (g) An alternative method of compliance or Authority: 49 USC 106(g), 40113, and (1) If bearing rotational roughness, adjustment of the compliance time that 44701. corrosion, inadequate lubrication, physical provides an acceptable level of safety may be damage, moisture or inadequate drainage due used if approved by the Manager, New York § 39.13 [Amended] to build-up of zinc chromate paste is found, Aircraft Certification Office. Operators shall 2. Section 39.13 is amended by replace the bearing with an airworthy submit their requests through an FAA removing Amendment 39–1055 (35 FR bearing. Principal Maintenance Inspector, who may concur or comment and then send it to the 12532, August 6, 1970), and (2) If no bearing rotational roughness, corrosion, lack of lubrication, physical Manager, New York Aircraft Certification Amendment 39–672 (33 FR 15543, damage, moisture or inadequate drainage due Office. October 19, 1968), and by adding a new to build-up of zinc chromate paste is found, Note 2: Information concerning the airworthiness directive (AD), to read as thereafter, inspect the bearing in accordance existence of approved alternative methods of follows: with this paragraph upon attaining an compliance with this AD, if any, may be Schweizer Aircraft Corporation and Hughes additional 150 hours TIS. obtained from the New York Aircraft Helicopters, Inc.: Docket No. 94–SW– (3) For replacement bearings, inspect in Certification Office. 17–AD. Supersedes AD 68–21–05, accordance with this paragraph upon (h) Special flight permits may be issued in Amendment 39–1055 and Amendment attaining 150 hours TIS, unless the bearing accordance with sections 21.197 and 21.199 39–672. reaches its 300 hour TIS retirement life limit of the Federal Aviation Regulations (14 CFR prior to this inspection. 21.197 and 21.199) to operate the helicopter Applicability: Model 269A helicopters, (c) For bearing, P/N 269A5050–73: serial numbers (S/N) 0011 through 1109, to a location where the requirements of this (1) Inspect the bearing for corrosion, rust, AD can be accomplished. Model 269A–1 helicopters, S/N 0001 through freedom of rotation, looseness, binding, 0041, Model 269B, S/N 0001 through 0444, Issued in Fort Worth, Texas, on June 6, nicks, burrs, cracks and lubrication. 1996. and Model TH–55A, with main rotor thrust Thereafter, inspect the bearing at intervals bearing, part number (P/N) 269A5050–50, not to exceed 600 hours TIS. Larry M. Kelly, –51 or –73, installed, certified in any (2) As necessary, repack the bearing cavity Acting Manager, Rotorcraft Directorate, category. in accordance with Schweizer Aircraft Aircraft Certification Service. Note 1: This AD applies to each helicopter Corporation CKP–C–41 ‘‘Installation [FR Doc. 96–15214 Filed 6–14–96; 8:45 am] identified in the preceding applicability Instructions For 269 Series Helicopters, SA– BILLING CODE 4910±13±M provision, regardless of whether it has been 269K–057–1 Main Rotor Thrust Bearing Kit,’’ modified, altered, or repaired in the area dated June 9, 1994. subject to the requirements of this AD. For (d) This AD establishes a retirement life of 14 CFR Part 71 helicopters that have been modified altered, 300 hours TIS for bearings, P/Ns 269A5050– or repaired so that the performance of the 50 and –51 and a retirement life of 3,000 [Airspace Docket No. 95±ASO±22] requirements of this AD is affected, the hours TIS for bearing, P/N 2695050–73. owner/operator must use the authority However, bearings, P/Ns 269A5050–50 and Proposed Establishment of VOR provided in paragraph (g) to request approval –51, with at least 275 hours TIS but less than Federal Airways V±603 and V±605; SC from the FAA. This approval may address 300 hours TIS on the effective date of this either no action, if the current configuration AD, need not be retired until or before the AGENCY: Federal Aviation eliminates the unsafe condition, or different accumulation of an additional 25 hours TIS Administration (FAA), DOT. actions necessary to address the unsafe after the effective date of this AD. ACTION: Notice of proposed rulemaking. condition described in this AD. Such a (e) Inspect the thrust bearing nut (nut), P/ request should include an assessment of the N 269A1306–5, for corrosion and physical SUMMARY: This proposed rule would effect of the changed configuration on the damage and determine whether the nut has establish two Federal Airways, V–603 unsafe condition addressed by this AD. In no been modified in accordance with Step III of from Pulaski, VA, to Columbia, SC, and case does the presence of any modification, SSN No. N–59, dated October 9, 1968. V–605 fro Holston Mountain, TN, to alteration, or repair remove any helicopter (1) If corrosion or physical damage is from the applicability of this AD. Spartanburg, SC. Establishing new found, replace the nut with an airworthy nut airways would expedite the flow of air Compliance: Required within 25 hours that has been modified in accordance with time-in-service (TIS) after the effective date Step III of SSN No. N–59, dated October 9, traffic and reduce the workload for the of this AD, unless accomplished previously. 1968. pilot and controller. To prevent failure of the main rotor thrust (2) If the nut has not been modified, DATES: Comments must be received on bearing, loss of the main rotor, and modify the nut in accordance with Step III or before July 29, 1996. subsequent loss of control of the helicopter, of SSN No. N–59, dated October 9, 1968. ADDRESSES: Send comments on the accomplish the following: (f) Inspect the interior of the main rotor proposal in triplicate to: Manager, Air (a) From available helicopter records, mast (mast) for corrosion, physical damage, determine the TIS of the appropriate main foreign materials, moisture or inadequate Traffic Division, ASO–500, Docket No. rotor thrust bearing (bearing), part number drainage due to a buildup of zinc chromate 95–ASO–22, Federal Aviation (P/N) 269A5050–50, 269A5050–51, or paste and determine whether the mast has Administration, P.O. Box 20636, 269A5050–73. been modified in accordance with Step II of Atlanta, GA 30320. (1) If the TIS on the bearing, P/N SSN No. N–59, dated October 9, 1968 to The official docket may be examined 269A5050–50 or –51, equals or exceeds 300 install a drain hole. in the Rules Docket, Office of the Chief Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30551

Counsel, Room 916, 800 Independence Communications must identify the PART 71Ð[AMENDED] Avenue, SW., Washington, DC, notice number of this NPRM. Persons weekdays, except Federal holidays, interested in being placed on a mailing 1. The authority citation for 14 CFR between 8:30 a.m. and 5:00 p.m. list for future NPRM’s should contact part 71 continues to read as follows: An informal docket may also be the Federal Aviation Administration, Authority: 49 U.S.C. 106(g), 40103, 40113, examined during normal business hours Office of Rulemaking, (202) 267–9677, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– at the office of the Regional Air Traffic to request a copy of Advisory Circular 1963 Comp., p. 389; 14 CFR 11.69. Division. No. 11–2A, which describes the § 71.1 [Amended] application procedure. FOR FURTHER INFORMATION CONTACT: 2. The incorporation by reference in Patricia P. Crawford, Airspace and Rules The Proposal 14 CFR 71.1 of the Federal Aviation Division, ATA–400 Office of Air Traffic Administration Order 7400.9C, Airspace Airspace Management, Federal Aviation The FAA is proposing to amend 14 Designations and Reporting Points, Administration, 800 Independence CFR part 71 by establishing two Federal dated August 17, 1995, and effective Avenue, SW., Washington, DC 20591; Airways, V–603 from Pulaski, VA, to September 16, 1995, is amended as telephone: (202) 267–8783. Columbia, SC, and V–605 from Holston follows: Mountain, TN, to Spartanburg, SC. SUPPLEMENTARY INFORMATION: Presently, aircraft transitioning through Paragraph 6010(a)—Domestic VOR Federal Comments Invited the terminal airspace at Charlotte/ Airways Interested parties are invited to Douglas International Airport operating * * * * * participate in this proposed rulemaking at or below 12,500 feet are being radar V–603 [New] vectored west of that airport to provide by submitting such written data, views, From Pulaski, VA; Barretts Mountain, NC; or arguments as they may desire. for a safe and efficient operation. INT Barretts Mountain 183°T(189°M) Comments that provide the factual basis Establishing V–603 and V–605 would and Columbia, SC, 350°T(352°M) radials; supporting the views and suggestions provide a published route through the to Columbia. presented are particularly helpful in Charlotte terminal airspace, expedite the * * * * * developing reasoned regulatory flow of air traffic, and reduce the V–605 [New] decisions on the proposal. Comments workload for pilots and controllers. Domestic Very High Frequency From Holston Mountain, TN; INT Holston are specifically invited on the overall ° ° regulatory, aeronautical, economic, Omnidirectional Range Federal airways Mountain 171 (175 M) and Spartanburg, SC, 358°T(360°M) radials to Spartanburg. environmental, and energy-related are published in paragraph 6010(a) of aspects of the proposal. FAA Order 7400.9C, dated August 17, * * * * * Communications should identify the 1995, and effective September 16, 1995, Issued in Washington, DC, on June 5, 1996. airspace docket number and be which is incorporated by reference in 14 Harold W. Becker, submitted in triplicate to the address CFR 71.1. The airways listed in this Acting Program Director for Air Traffic, listed above. Commenters wishing the document would be published Airspace Management. FAA to acknowledge receipt of their subsequently in the Order. [FR Doc. 96–15213 Filed 6–14–96; 8:45 am] comments on this notice must submit The FAA has determined that this BILLING CODE 4910±13±M with those comments a self-addressed, proposed regulation only involves an stamped postcard on which the established body of technical following statement is made: regulations for which frequent and 14 CFR Parts 121 and 135 ‘‘Comments to Airspace Docket No. 95– routine amendments are necessary to [Docket No. 28586; Notice No. 96±5] ASO–22.’’ The postcard will be date/ keep them operationally current. It, time stamped and returned to the therefore—(1) is not a ‘‘significant RIN 2120±AE81 commenter. All communications regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant Air Traffic Control Radar Beacon received on or before the specified System and Mode S Transponder closing date for comments will be rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February Requirements in the National Airspace considered before taking action on the System proposed rule. The proposal contained 26, 1979); and (3) does not warrant in this notice may be changed in light preparation of a regulatory evaluation as AGENCY: Federal Aviation of comments received. All comments the anticipated impact is so minimal. Administration (FAA), DOT. submitted will be available for Since this is a routine matter that will ACTION: Notice of proposed rulemaking examination in the Rules Docket both only affect air traffic procedures and air (NPRM); correction. before and after the closing date for navigation, it is certified that this rule, comments. A report summarizing each when promulgated, will not have a SUMMARY: This document contains a substantive public contact with FAA significant economic impact on a correction to the NPRM published in the personnel concerned with this substantial number of small entities Federal Register on May 23, 1996 (61 rulemaking will be filed in the docket. under the criteria of the Regulatory FR 26036). The NPRM proposes to Flexibility Act. rescind the Mode S transponder Availability of NPRM’s requirement for all aircraft operations List of Subjects in 14 CFR Part 71 Any person may obtain a copy of this under part 135 and certain aircraft Notice of Proposed Rulemaking (NPRM) Airspace, Incorporation by reference, operations under part 121 of Title 14, by submitting a request to the Federal Navigation (air). Code of Federal Regulations. Aviation Administration, Office of Air DATES: Comments must be received on The Proposed Amendment Traffic Airspace Management, or before July 22, 1996. Attention: Airspace and Rules Division, In consideration of the foregoing, the FOR FURTHER INFORMATION CONTACT: ATA–400, 800 Independence Avenue, Federal Aviation Administration Mr. Daniel V. Meier Jr., (202) 267–3749. SW., Washington, DC 20591, or by proposes to amend 14 CFR part 71 as Correction of Publication: In the calling (202) 267–8783. follows: NPRM document (FR Doc. 96–13030) on 30552 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules page 26036 in the issue of Thursday, Central Florida, Customs proposes to meet one of several alternative May 23, 1996, make the following amend § 101.3(b)(1), Customs minimum requirements: correction: Regulations (19 CFR 101.3(b)(1)), by (1) 15,000 international air In the ADDRESSES section on page establishing a new port of entry at passengers; or 26036, in the first column, last line, the Sanford, Florida. The new port of entry, (2) 2,500 formal (over § 1,250 in docket number was listed as 28537. This located in Seminole County, Florida, Customs value) or informal (not over number should be changed to read would include the Orlando-Sanford § 1,250 in Customs value) consumption 28586. Airport, which currently operates as entries; or Sanford Regional Airport, and is listed (3) In the case of land border ports, Issued in Washington, DC on June 12, 150,000 vehicles; or 1996. in § 122.15(b) of the Customs Regulations as a user-fee airport. (4) 2,000 scheduled international Joseph A. Conte, aircraft arrivals (passenger and/or Acting Assistant Chief Counsel. Port of Entry Criteria cargo); or [FR Doc. 96–15334 Filed 6–14–96; 8:45 am] No formal application procedures (5) 350 cargo vessel arrivals; or (6) Any appropriate combination of BILLING CODE 4910±13±M have been adopted for purposes of the above. requesting new or expanded Customs Lastly, facilities at the proposed port services. The procedure most commonly DEPARTMENT OF THE TREASURY of entry must include cargo and followed has been for a recognized civic passenger facilities, warehousing space or government organization (such as a Customs Service for the secure storage of imported cargo chamber of commerce, seaport or airport pending final Customs inspection and 19 CFR Parts 101 and 122 authority, or city government) to submit release, and administrative office space, a written request to the director of the inspection areas, storage areas and other Customs Service Field Organization; Customs port nearest where the facility space necessary for regular Customs Establishment of Sanford Port of Entry is or would be located, setting forth the operations. reason for the new or expanded service. AGENCY: Customs Service, Treasury. The proposal set forth in this However, there is no prohibition which document is based on Customs analysis ACTION: Notice of proposed rulemaking. prevents Customs from initiating the of a report prepared for the Central establishment of a port of entry where SUMMARY: This document proposes to Florida Regional Airport Board which Customs has reason to believe or made amend the Customs Regulations manages the airport at Sanford and a determination that the necessity for a pertaining to Customs field organization shows projected workload figures for new facility is justified. Favorable by establishing a new port of entry at the airport for the next decade. That consideration of requests normally Sanford, Florida. The new port of entry report provides that although Sanford hinges on whether there is a sufficient would include Orlando-Sanford Airport, Regional Airport only became a user fee volume of import business (actual or located in the city of Sanford, Seminole airport in 1991, since 1980 it has potential) to justify the expense of County, Florida, which is currently become the fastest growing airport for maintaining a new office or expanding operated as a user-fee airport known as international passenger clearance service at an existing location. Sanford Regional Airport. This change services in Florida. In response to this The criteria considered by Customs in will assist the Customs Service in its growth, the Airport Board has elected to determining whether to establish a port continuing efforts to achieve more make substantial and long term of entry are found in T.D. 82–37 (47 FR efficient use of its personnel, facilities, investment in new international arrival 10137), as revised by T.D. 86–14 (51 FR and resources, and to provide better facilities to serve this growing Central 4559) and T.D. 87–65 (52 FR 16328). service to carriers, importers, and the Florida market. Current flight schedules Under these criteria, which are not general public. for the airport beginning in mid-April absolute, a community requesting a port 1996 through October of this year DATES: Comments must be received on of entry designation must: or before July 17, 1996. project some 413 charter airline flights (1) Demonstrate that the benefits to be carrying approximately 118,732 ADDRESSES: Written comments derived justify the Federal Government international passengers. (preferably in triplicate) may be expense involved; With regard to the above criteria, addressed to the Regulations Branch, (2) Be serviced by at least two major Customs believes that the Federal Office of Regulations and Rulings, U.S. modes of transportation (rail, air, water, Government would benefit from the port Customs Service, 1301 Constitution or highway); and of entry designation because Orlando- Avenue, NW., Washington, D.C. 20229. (3) Have a minimum population of Sanford Airport (currently operating as Comments submitted may be inspected 300,000 within the immediate service Sanford Regional Airport) would be at the Regulations Branch, Office of area (approximately a 70-mile radius). available to share the workload Regulations and Rulings, Franklin In addition, if the facility applies for presently handled at ports of entry such Court, 1099 14th St., NW, Suite 4000, designation as a port of entry based as Miami International Airport. The Washington, DC. solely upon the consumption entries report further provides that State Roads FOR FURTHER INFORMATION CONTACT: criterion (see below), it must make a 46 and 417 provide highway access to Harry Denning, Office of Field commitment to make optimal use of the airport, and that the population of Operations, Resource Management electronic data transfer capabilities to the Seminole county-area was 287,529 Division (202) 927–0196. permit integration with Customs in 1990 and forecast to reach 392,500 by SUPPLEMENTARY INFORMATION: Automated Commercial System (ACS), the year 2000, which is well above the which provides a means for the minimum 300,000 required. Further, the Background electronic processing of entries of report provides that the Central Florida To achieve more efficient use of its imported merchandise. Further, the Region—comprising the surrounding personnel, facilities, and resources, and actual or potential Customs workload counties of Lake, Volusia, Orange, in order to provide better services to (minimum number of transactions per Brevard, and Osceola—offered a carriers, importers, and the public in year) at the proposed port of entry must combined additional population of Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30553

1,623,518 in 1990, forecasted to reach the list of user-fee airports at SUMMARY: In accordance with the 2,209,957 by the year 2000. Because § 122.15(b). President’s Regulatory Reinvention Sanford could qualify for port of entry Initiative, the FHWA proposes to amend Comments status on the strength of the potential its regulation outlining the procedures international passenger processing Before adopting this proposal as a to be followed in mitigating the impacts figures at the airport alone, and is not final rule, consideration will be given to of Federal-aid highway projects and expected to process many consumption any written comments timely submitted programs to wetlands. The current entries, Customs believes that the to Customs. Comments submitted will regulation has become outdated as a facility does not, at this time, have to be available for public inspection in result of advances in the science of make a commitment to make optimal accordance with the Freedom of wetland management and the use of electronic data transfer Information Act (5 U.S.C. 552), § 1.4 of amendments made by sections 1006(d) capabilities to permit integration with the Treasury Department Regulations and 1007(a) of the Intermodal Surface Customs Automated Commercial (31 CFR 1.4), and § 103.11(b) of the Transportation Efficiency Act of 1991 System (ACS), which provides a means Customs Regulations (19 CFR (ISTEA) (Pub. L. 102–240, 105 for the electronic processing of entries 103.11(b)), on regular business days Stat.1914) to the statutory provisions of of imported merchandise. Lastly, since between the hours of 9 a.m. and 4:30 title 23, United States Code (U.S.C.). the airport is currently a Customs user p.m. at the Regulations Branch, Office of The ISTEA amendments significantly fee airport, Customs knows that office, Regulations and Rulings, U.S. Customs alter the range and timing of alternatives storage, and examination space are Service, Franklin Court, 4th floor, 1099 eligible for Federal-aid participation for currently available for use by Customs. 14th St., NW, Washington, DC. mitigation of wetland impacts due to Federal-aid highway projects. Conditional Status Authority Accordingly, this proposal would revise Based on the above, Customs believes This change is proposed under the the current regulation to conform to the that there is sufficient justification for authority of 5 U.S.C. 301 and 19 U.S.C. ISTEA amendments, thereby providing establishment of the proposed port of 2, 66, and 1624. more flexibility to State highway entry at Sanford. If, after reviewing the agencies in determining eligibility of public comments, Customs decides to The Regulatory Flexibility Act, and mitigation alternatives for Federal terminate Sanford’s designation as a Executive Order 12866 participation. This proposal would user-fee airport, then Customs will Pursuant to provisions of the broaden the scope of the current notify the airport of that determination Regulatory Flexibility Act (5 U.S.C. 601 regulation to encompass all wetlands in accordance with the provisions of 19 et seq.), it is certified that, if adopted, mitigation projects eligible for Federal CFR 122.15(c). However, it is noted that the proposed amendments will not have participation, not just those involving this proposal relies on potential, rather a significant economic impact on a privately owned wetlands. than actual, workload figures. Therefore, substantial number of small entities, as DATES: Comments must be received on even if the proposed port of entry the proposed amendments concern the or before August 16, 1996. designation is adopted as a final rule, in status of only one airport facility. ADDRESSES: Submit written, signed 3 years Customs will review the actual Accordingly, the proposed amendments comments to FHWA Docket No. 96–8, workload generated within the new port are not subject to the regulatory analysis Federal Highway Administration, Room of entry. If that review indicates that the or other requirements of 5 U.S.C. 603 4232, HCC–10, Office of the Chief actual workload is below the T.D. 82– and 604. This amendment does not meet Counsel, 400 Seventh Street, SW., 37 standards, as amended, procedures the criteria for a ‘‘significant regulatory Washington, D.C. 20590. All comments may be instituted to revoke the port of action’’ as specified in Executive Order received will be available for entry status. In such case, the Airport 12866. examination at the above address may reapply to become a user fee airport George J. Weise, between 8:30 a.m. and 3:30 p.m., e.t., under the provisions of 19 U.S.C. 58b. Commissioner of Customs. Monday through Friday, except Federal Description of Proposed Port of Entry Approved: May 15, 1996. holidays. Those desiring notice of Limits Dennis M. O’Connell, receipt of comments must include a self- addressed, stamped postcard. The geographical limits of the Acting Deputy Assistant Secretary of the FOR FURTHER INFORMATION CONTACT: Mr. proposed Sanford port of entry would Treasury. Paul Garrett, Office of Environment and be as follows: [FR Doc. 96–15316 Filed 6–14–96; 8:45 am] Planning, HEP–42, (202) 366–9173, or The Orlando-Sanford Airport, which BILLING CODE 4820±02±P consists of approximately 2,000 acres Mr. Brett Gainer, Office of the Chief which are located in Seminole County, Counsel, HCC–32, (202) 366–1372, Federal Highway Administration, 400 Florida, beginning in the north/east at DEPARTMENT OF TRANSPORTATION the intersection of State Road 46 and Seventh Street, SW., Washington, D.C. State Road 417 and proceeding south to Federal Highway Administration 20590. Office hours are from 7:45 a.m. Lake Mary Boulevard, turning west to to 4:15 p.m., e.t., Monday through Sanford Boulevard, and finally turning 23 CFR Part 777 Friday, except Federal holidays. north to State Road 46 to the point of [FHWA Docket No. 96±8] SUPPLEMENTARY INFORMATION: beginning. RIN 2125±AD78 Background Proposed Amendments Executive Order (E.O.) 11990, If the proposed port of entry Mitigation of Impacts to Wetlands ‘‘Protection of Wetlands,’’ requires all designation is adopted, the list of AGENCY: Federal Highway Federal agencies to ‘‘avoid to the extent Customs ports of entry at § 101.3(b)(1) Administration (FHWA), DOT. possible the long and short term adverse will be amended to include Sanford as impacts associated with the destruction ACTION: Notice of proposed rulemaking a port of entry in Florida, and Sanford or modification of wetlands’’ (42 FR (NPRM); request for comments. Regional Airport will be deleted from 26961, May 25, 1977). Specifically, this 30554 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules order directs Federal agencies to avoid Furthermore, permits issued by the flexibility to authorize the use of new construction in wetlands unless (1) Corps of Engineers under authority of Federal-aid highway funds for there is no practicable alternative to the Regulatory Program may contain mitigation of impacts to wetlands such construction, and (2) the proposed conditions requiring mitigation to caused by federally-funded highway action includes all practicable measures compensate for impacts to wetlands that projects. These provisions are codified to minimize harm to wetlands resulting result in a loss of wetlands functions at 23 U.S.C. 103(i)(13) and 133(b)(11), from such construction. The Department and values to society. and pertain to projects eligible for of Transportation subsequently issued Another Federal statute applicable to National Highway System (NHS) and DOT Order 5660.1A, Preservation of the Federal-aid highway projects involving Surface Transportation Program (STP) Nation’s Wetlands, which provided impacts to wetlands is section 4(f) of the funds, respectively. Consequently, the departmental policy and instruction for Department of Transportation Act 1 (49 FHWA is proposing to amend its implementing E.O. 11990. Copies of U.S.C. 303 and 23 U.S.C. 138). Section regulations to authorize the expenditure these documents are available for 4(f) provides protection for certain of Federal-aid highway funds for inspection and copying pursuant to 49 environmentally significant, publicly mitigation of impacts to wetlands due to CFR Part 7, App. D. owned land areas including parks, federally-funded highway projects. The provisions of E.O. 11990, the wildlife refuges, and waterfowl refuges. Mitigation activities may include, but Clean Water Act (33 U.S.C 1344 et seq.), When such lands must be used for a are not limited to, participation in and the DOT Order proclaim that federally-assisted highway project, wetlands mitigation banks, wetlands are a valuable national section 4(f) requires all possible contributions to statewide and regional resource and that special efforts are planning to minimize harm to the efforts to conserve, restore, enhance and required of all Federal agencies to protected area. If wetlands included in create wetlands, and development of preserve the beneficial values inherent these publicly owned 4(f) lands are used statewide and regional wetlands in them. Wetlands are a valuable for or impacted by a highway project, conservation and mitigation plans, resource for a number of reasons. They current FHWA policy permits Federal- including any such banks, efforts, and provide habitats for numerous plants aid highway funds to be used in the plans authorized pursuant to the Water and animals, including many acquisition, restoration, or creation of Resources Development Act of 1990 commercially important species. In replacement wetlands or improvement (Pub. L. 101–640, 104 Stat. 4604). addition, wetlands can reduce the of existing wetlands as mitigation. Contributions toward such efforts may severity of flooding, control erosion, and Federal participation must be based on take place concurrent with or in remove contaminants from polluted a determination that such mitigation advance of project construction, but waters. Consequently, wetland measures are necessary to meet the contributions may occur in advance of preservation has become a matter of section 4(f) requirement that all possible construction only if such mitigation concern to Federal and State agencies planning and measures be undertaken to efforts are consistent with all applicable charged with resource management minimize harm. Federal assistance in requirements of Federal law and State responsibilities and has been these instances often involves the use of planning processes. emphasized by resource conservation Federal-aid funds for activities outside Most significantly, measures found by groups. the right-of-way. The FHWA regulations a State highway agency and the FHWA Under E.O. 11990 each Federal implementing section 4(f) are found at to be appropriate and necessary to agency must avoid, whenever 23 CFR 771.135. mitigate significant adverse impacts to practicable, impacts to wetlands. The FHWA has long recognized that publicly or privately owned wetlands Therefore, a highway location or design the importance of wetland preservation would be eligible for Federal which will impact a wetland must be is not limited to publicly owned participation where the impacts actually evaluated for its natural functions and wetlands. Privately owned wetlands are result from an FHWA action. values, in addition to all relevant social, often an important component of local, Appropriate mitigation measures could economic, and physical environmental State, and Federal wetland management include the acquisition of additional values. Inevitably, there will be programs. In addition, the requirements land or interests in land for the purpose instances when reasoned and balanced of E.O. 11990 and section 404 of the of mitigating adverse environmental impacts to wetlands which actually judgments will result in the location of Clean Water Act apply to wetlands highways in wetlands and in the result from a Federal-aid highway regardless of ownership. Consequently, destruction or modification of those project. the FHWA is required to find that resources. In such cases, E.O. 11990 The justification for the cost of proposed Federal-aid projects include requires that ‘‘all practicable measures proposed mitigation measures should be all practicable measures to minimize to minimize harm to the wetland(s) be considered in the same context as any harm to privately owned wetlands incorporated into the project.’’ In other public expenditure; that is, the adversely impacted by the projects. The addition, section 404 of the Clean Water proposed mitigation would have to current part 777, which this NPRM Act, entitled Permits for Dredged or Fill represent a reasonable public proposes to amend, was promulgated to Material, requires that a permit be expenditure when weighed against address these requirements. obtained through the U. S. Army Corps other social, economic, and of Engineers for proposed discharges of Discussion of Proposed Rulemaking environmental values, and the benefit dredged or fill material into waters of Congress included provisions in the realized would have to be the United States, including wetlands ISTEA granting the FHWA more commensurate with the proposed (33 CFR 320–330; (Regulatory expenditure. Decisions on mitigation Program)). The Regulatory Program and 1 Section 4(f) of Pub. L. 89–670, 80 Stat. 934, was measures would be required to take into associated guidelines (40 CFR 230–233) repealed by Pub. L. 97–449, 96 Stat. 2444, and account consideration of traffic needs, require, among other things, assessment enacted without substantive change at 49 U.S.C. safety, durability, and economy of of the functions and values of wetlands 303. Section 138 of title 23, U.S.C., remains maintenance of the highway. unchanged. Because of common usage and to be impacted by proposed discharges familiarity, the term section 4(f) continues to be As previously mentioned, the of dredged or fill material as part of the used by the Department of Transportation in proposed amendments to 23 CFR 777 Public Interest Review Process. matters relating to 49 U.S.C. 303 and 23 U.S.C. 138. formally express the FHWA’s current Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30555 policy and incorporate the eligibility scientific knowledge and management Section 777.9 criteria set forth in the ISTEA with experience, have recognized that Section 777.9, Mitigation of Impacts, respect to mitigation of impacts to both wetland mitigation includes a wider identifies general categories of actions, publicly and privately owned wetlands range of impacts, alternatives, and taken to mitigate the impact of highway which actually result from Federal-aid activities than were known or projects on wetlands, which are eligible highway projects or an FHWA action. understood when the existing regulation for Federal-aid participation. Federal The explanation of Federal participation was promulgated in 1980. The science participation is not, however, limited to policy already included in § 777.5 is and technology of wetland mitigation these activities, if other alternatives are expanded in the proposed regulation. have identified methods and needs for practicable, more ecologically desirable, The proposed regulation would also effective wetland mitigation that were and represent a more effective include additional guidance and not well known at the time the existing expenditure of public funds. The procedures to be followed in the regulation was issued. The amended existing § 777.9 states specific evaluation (§ 777.7) and mitigation of § 777.5, Federal Participation Policy, requirements for the protection of impacts (§§ 777.9, 777.11). would expand applicability of the wetlands established as compensatory The requirements of 23 CFR 777 regulation to include all impacts to mitigation. Two criteria for Federal-aid apply to the mitigation of impacts to wetlands which actually result from participation in wetland mitigation are wetlands which actually result from Federal-aid highway projects. The kinds that the mitigation must represent a federally-funded highway projects or of activities needed to mitigate wetland reasonable expenditure of public funds programs. The requirements and impacts include the general areas of and be in the public interest. policies stated therein do not apply to planning, design, right-of-way In § 777.9(a) of the NPRM, the highways or other projects funded by acquisition, construction, and Environmental Protection Agency’s other Federal, State, or private agencies establishment. Specific tasks and Clean Water Act § 404(b)(1) guidelines or entities. activities which fall within these (40 CFR 230) are referenced to establish general areas are identified and Section-By-Section Analysis the required sequence of alternatives included in the amended section as that must be considered for mitigation The following section discusses both eligible for Federal-aid participation. of wetlands impacts. The 404(b)(1) the current provisions of 23 CFR 777 Specific project criteria for Federal guidelines require that, where and the proposed changes to that participation in wetlands mitigation practicable, avoidance and then regulation contained in this NPRM. activities are restated from the existing minimization of wetland impacts be Section 777.1 regulation, and are consistent with 23 given first consideration. Under CFR 771, Environmental Impacts and Section 777.1 would be amended to § 777.9(a)(2) of the NPRM, once Related Procedures. The ‘‘test of practicable avoidance and minimization expand the applicability of the reasonableness’’ in the existing regulation to Federal-aid participation measures had been exhausted, the regulation for the expenditure of public regulation would establish the objective in mitigation of all impacts to publicly funds for wetlands mitigation is or privately owned wetlands which of selecting ecologically desirable and included in the NPRM. This test is practicable compensatory mitigation actually result from Federal-aid based on commensurate social, highway projects. The existing alternatives consistent with the economic, and environmental values 404(b)(1) guidelines. The requirement to regulation applies only to privately and benefits of wetlands mitigation owned wetlands. consider compensatory mitigation relative to costs of the mitigation and within the highway right-of-way before Section 777.2 benefits of the highway project or other, possibly more ecologically program. Section 777.2 would be a new section. desirable and reasonable alternatives This section would contain definitions Section 777.7 outside of the right-of-way, would be for administrative, scientific, and removed by this NPRM. The existing Section 777.7, Evaluation of Impacts, technical terms found in the amended § 777.9(b) contains the requirement that currently provides that the extent of regulation. the public interest in wetlands restored, Federal participation in mitigation enhanced, or created as part of Section 777.3 measures should be directly related to mitigation for wetlands impacts due to Section 777.3, Background, would be the importance and functional capacity Federal-aid highway projects must be amended to include discussion of the of the impacted wetlands and the extent sufficient to ensure that they will be ISTEA provisions which increased the of wetland losses due to highway maintained as wetlands. This eligibility for Federal-aid participation impacts. requirement would be moved to of efforts to mitigate the wetlands In both the existing regulation and § 777.11(b). Section 777.9(a)(3) would impacts of highway projects funded NPRM, Section 777.7 relates the cost of be added, and would list examples of under the provisions of the National Federal-aid participation in wetland the specific kinds of activities eligible Highway System (ISTEA § 1006 (23 mitigation activities to the importance for Federal-aid participation when U.S.C. 103)) and Surface Transportation of the wetlands impacted in the project existing wetlands are being enhanced or Program (ISTEA § 1007 (23 U.S.C. 133)). area. As amended, this section would restored. As in the existing regulation, this refer to scientific functional assessment A new § 777.9(b) would be added, and section would also cite the authority methodologies as the appropriate tool would cite and explain the specific and requirements of E.O. 11990 to for evaluating wetlands resources and mitigation alternatives listed in the minimize wetlands losses and DOT impacts, and would recognize the need ISTEA eligible for Federal-aid Order 5660.1A for implementing for interdisciplinary, interagency participation. The activities listed in the wetland mitigation in FHWA programs. coordination in evaluating wetlands ISTEA are related to wetlands banking, functions and values. General functions planning, and resource inventory. These Section 777.5 of wetlands would be identified using activities are not exclusive, and other The FHWA wetlands policy and current scientific terminology and activities listed in this regulation would practice, incorporating expanded concepts of wetlands analysis. also be eligible. This paragraph would 30556 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules conform the regulation to ISTEA requirements for acquisition of interests comment closing date will be filed in provisions allowing the use of Federal- in lands for purposes of mitigating the docket and will be considered to the aid highway funds to pay for costs of wetlands impacts due to Federal-aid extent practicable, but the FHWA may wetland mitigation activities as needed highway projects. For its part, issue a final rule at any time after the to mitigate impacts caused by Federal- § 777.11(g) would emphasize that the close of the comment period. In aid highway projects and programs. objective of wetlands mitigation in the addition to late comments, the FHWA Federal-aid highway program is to will also continue to file in the docket Section 777.11 implement the policy of no-net-loss in relevant information that becomes Like any other activity in which area or functional capacity. To that end, available after the comment closing Federal funds participate, the use of this paragraph would declare eligible for date, and interested persons should those funds is governed by various Federal-aid participation certain continue to examine the docket for new restrictions and conditions established activities intended to ensure the material. by Federal law and agency policy in viability of compensatory mitigation Executive Order 12866 (Regulatory order to protect the public interest and wetlands during the period of Planning and Review and DOT provide for sound program establishment. These would include, Regulatory Policies and Procedures) management. A number of these but would not be limited to, such considerations are set forth in § 777.11, activities as repair or adjustment of The FHWA has considered the impact Other Considerations, including water control structures, pest control, of this document and has determined consultation requirements and irrigation, fencing modifications, and that it is neither a significant provisions for ownership and replacement of plantings. The NPRM rulemaking action within the meaning management of acquired lands. would encourage mitigation bank of Executive Order 12866 nor a Depending upon the extent of mitigation managers to determine the significant rulemaking under the justified under the provisions of § 777.7, establishment period in the mitigation regulatory policies and procedures of § 777.11(f) currently permits Federal agreement itself prior to beginning any the Department of Transportation. This participation in the acquisition of mitigation activities. rulemaking would amend FHWA replacement land for privately owned The NPRM would allow Federal-aid regulations regarding mitigation of wetlands directly impacted by a participation in the mitigation of impacts to privately owned wetlands, Federal-aid highway project. Such impacts to both publicly or privately which have become outdated because of privately owned lands thus acquired, owned wetlands if such impacts provisions in §§ 1006 and 1007 of the above and beyond wetlands purchased actually resulted from Federal-aid ISTEA authorizing greater flexibility for for use as highway right-of-way, will highway projects. This proposal would Federal participation in mitigating thereafter be retained in public not, however, require States to impacts to wetlands. These amendments ownership and dedicated to future use undertake mitigation efforts. Instead, have been codified at 23 U.S.C. 103 and as wetlands. The replacement ratio for part 777 would continue to provide 133. wetlands directly affected by a Federal- policy and procedures for the evaluation This rulemaking would not cause any aid highway project should be and mitigation of adverse environmental significant changes to the amount of determined based on use of a scientific impacts to wetlands which actually funding available to the States under the methodology of wetland functional result from new construction of Federal- STP or NHS programs or add to the assessment and best professional aid highway projects. Therefore, the process by which States receive judgment, in combination with FHWA believes the current funding. The provisions of this interagency coordination and § 777.11(h)—with its explicit statement proposed rulemaking would not require considerations of fiscal responsibility that the program is not a mandatory the additional expenditure of Federal- and a desire to minimize adverse one—is no longer necessary and the aid or State highway funds. Thus, it is impacts on the local tax base of NPRM would delete this provision. anticipated that the economic impact of converting land from private to public Finally, § 777.11(i) of the existing this rulemaking would be minimal. In ownership. regulation, which addresses mitigation addition, it would not create a serious In both the existing regulation and the of ecological impacts in non-wetlands, inconsistency with any other agency’s NPRM, § 777.11(a) emphasizes the need would be deleted. Since this NPRM action or materially alter the budgetary for consultation with appropriate State would apply solely to wetlands issues, impact of any entitlements, grants, user and Federal agencies concerning the FHWA has determined that the fees, or loan programs; nor will impacts to wetlands on Federal-aid current § 777.11(i) would not be amendment of this regulation raise any highway projects. Section 777.11(b) of applicable to the policy set forth in this novel legal or policy issues. Therefore, the NPRM, furthermore, would require proposal. The FHWA has also a full regulatory evaluation is not that the public interest in all determined that this paragraph is not required. compensatory wetland mitigation consistent with 23 U.S.C. 133(b)(1), Regulatory Flexibility Act projects, where wetlands have been added by the ISTEA, which allows purchased, enhanced, restored, or States to obligate STP funds to mitigate In compliance with the Regulatory created with Federal-aid highway funds, damage to wildlife, habitat, and Flexibility Act (5 U.S.C. 601–612), the be sufficient to ensure that the wetlands ecosystems caused by a transportation FHWA has evaluated the effects of this are permanently protected. This project funded under title 23, United rule on small entities and has includes both private and public States Code. determined that amendment of the wetlands mitigation banks. The current FHWA regulations regarding mitigation § 777.11(b), which sets forth the Rulemaking Analyses and Notices of impacts to wetlands would not have definition of wetlands to be used in All comments received before the a significant economic impact on a applying the regulation, would be close of business on the comment substantial number of small entities. moved to § 777.2, Definitions. Sections closing date indicated above will be Amending this regulation would not 777.11 (c) through (g) of both the considered and will be available for affect the amount of funding available to existing regulation and the NPRM are examination in the docket at the above the States through the STP or NHS intended to state the conditions and address. Comments received after the programs, or the procedures used to Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30557 select the States eligible to receive these Regulatory Identification Number construction projects. Compensatory funds. Furthermore, States are not A regulation identification number mitigation usually occurs in advance of included in the definition of ‘‘small (RIN) is assigned to each regulatory or concurrent with the impact to be entity’’ set forth in 5 U.S.C. 601. For action listed in the Unified Agenda of mitigated, but may occur after such these reasons, and for those set forth in Federal Regulations. The Regulatory impacts in special circumstances. Ecologically desirable. A state or the analysis of E.O. 12866, the FHWA Information Service Center publishes condition desired or wanted as the hereby certifies that this action will not the Unified Agenda in April and result of a mitigation agreement that have a significant economic impact on October of each year. The RIN contained provides additional wetland functional a substantial number of small entities. in the heading of this document can be capacity. Executive Order 12612 (Federalism used to cross reference this action with No-net-loss of wetlands. A wetland Assessment) the Unified Agenda. resource conservation and management This action has been analyzed in List of Subjects in 23 CFR Part 777 principle, under which, over the long term, loss of wetlands area or functional accordance with the principles and Flood plains, Grant programs— capacity is offset by gains in wetland criteria contained in Executive Order transportation, Highways and roads, area or functional capacity due to 12612, and it has been determined that Wetlands. this action does not raise sufficient wetland restoration, enhancement, Issued on: June 4, 1996. federalism implications to warrant the preservation, or creation. preparation of a federalism assessment. Rodney E. Slater, On-site, in-kind mitigation. Compensatory wetland mitigation Amendment of this FHWA regulation Federal Highway Administrator. which replaces wetlands functional concerning the mitigation of impacts to In consideration of the foregoing, the capacity lost as a result of a highway wetlands would not preempt any State FHWA proposes to revise part 777 of project on the same site or in the law or State regulation. No additional title 23, Code of Federal Regulations, as immediate vicinity of the impacts. costs or burdens would be imposed on set forth below. Wetland or wetlands. The terms the States as a result of this action, and wetland and wetlands have the same the States’ ability to discharge PART 777ÐMITIGATION OF IMPACTS meaning as the definition issued by the traditional State governmental functions TO PRIVATELY OWNED WETLANDS U. S. Army Corps of Engineers (33 CFR would not be affected by this 1. Part 777 is revised to read as 328.3(b)) and the U.S. Environmental rulemaking. follows: Protection Agency (40 CFR 230.3). Executive Order 12372 Sec. Wetlands banking and related 777.1 Purpose. measures. Efforts, or contributions to Catalog of Domestic Assistance 777.2 Definitions. efforts, to restore, create, enhance, or, in Program Number 20.205, Highway 777.3 Background. exceptional circumstances, preserve Planning and Construction. The 777.5 Federal participation policy. wetlands functional capacity, usually regulations implementing Executive 777.7 Evaluation of impacts. undertaken outside the area of potential Order 12372 regarding 777.9 Mitigation of impacts. 777.11 Other considerations. effect of proposed highway projects and intergovernmental consultation on intended expressly to compensate for Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. Federal programs and activities apply to unavoidable adverse wetlands impacts this program. 303; 23 U.S.C. 101(a), 103, 109(h), 133(b)(1), 133(b)(11), 133(d)(2), 138, 315; E.O. 11990; caused by such projects, when Paperwork Reduction Act DOT Order 5660.1A; 49 CFR 1.48(b). compensation could not be achieved or would not be as environmentally This action does not create a § 777.1 Purpose. beneficial if located at individual collection of information requirement To provide policy and procedures for project sites. for the purposes of the Paperwork the evaluation and mitigation of adverse Wetland enhancement. Increasing Reduction Act of 1995, 44 U.S.C. 3501– environmental impacts to wetlands wetland functional capacity by 3520. which actually result from new modifying the site conditions of an National Environmental Policy Act construction of Federal-aid highway existing wetland. Examples include, but projects. are not limited to, alteration of The FHWA has analyzed this hydrologic regime, vegetation rulemaking for the purposes of the § 777.2 Definitions. management, fencing, pest control, and National Environmental Policy Act of In addition to those contained in 23 fertilization. 1969 (NEPA) (42 U.S.C. 4321–4347). U.S.C. 101(a), the following definitions Wetland establishment period. The This NPRM would not, in and of itself, shall apply as used in this regulation: period required to establish wetland constitute a major Federal action Biogeochemical transformations. functional capacity in a compensatory significantly affecting the quality of the Those changes in chemical compounds wetland mitigation project sufficient to human environment. Instead, it would and substances which naturally occur in compensate losses due to impacts of increase the flexibility available to ecosystems. Examples are the carbon, Federal-aid highway projects. The States when deciding how to mitigate nitrogen, and phosphorus cycles in establishment period may vary impacts to wetlands caused by those nature, in which these elements are depending on the specific wetland type Federal-aid highway projects they incorporated from inorganic substances being developed. undertake. Such impacts and into organic matter and recycled on a Wetland functional capacity. The appropriate mitigation measures would continuing basis. ability of a wetland to perform natural be evaluated pursuant to NEPA on a Compensatory mitigation. Activities functions, such as provide wildlife project-by-project basis by the States such as wetland restoration, habitat, store surface water, or perform and the FHWA. Accordingly, enhancement, or creation, performed to biogeochemical transformations, as promulgation of this NPRM would not replace or compensate for the loss of determined by a scientific assessment require the preparation of an wetlands functional capacity actually methodology. Natural functions of environmental impact statement. the result of Federal-aid highway wetlands include those listed by the 30558 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

U.S. Army Corps of Engineers at 33 CFR projects, and acquisition of land or (3) Improvements to existing 320.4(b)(2) (i) through (viii). interests therein. wetlands. Such activities may include, Wetland restoration. Reestablishment but are not limited to, construction of of wetlands functional capacity at a site § 777.7 Evaluation of impacts. water level control structures, at which such capacity formerly existed (a) The reasonableness of the public establishment of wetland vegetation, but has since essentially been expenditure should be directly related recontouring of the site, installation or eliminated. to: removal of irrigation or water Wetlands mitigation credit. A unit of (1) The importance of the impacted distribution systems, pest control, wetlands mitigation, defined either by wetlands, as determined through a installation of fencing and other (1) area or (2) a measure of functional scientific functional assessment measures to protect, enhance, or restore capacity through application of a methodology and interagency the wetland character of the site. scientific functional assessment coordination with the appropriate (4) Wetlands mitigation banking and methodology. resource management agencies; and related measures. (2) The highway impact on the (b) Participation in wetlands § 777.3 Background. wetlands, as determined through a mitigation banks. If the development or Executive Order 11990, Protection of scientific functional assessment acquisition of wetland mitigation credits Wetlands, and DOT Order 5660.1A, methodology. in wetland mitigation banks, either on Preservation of the Nation’s Wetlands, (b) Evaluation of the importance of or off-site, is determined to be the most emphasize the important functions and the impacted wetlands should consider: ecologically desirable and practicable values inherent in the Nation’s (1) The wetlands’ functional capacity; alternative for compensatory mitigation, wetlands. Federal agencies are directed (2) The relative importance of these the first alternative in mitigation bank to avoid new construction in wetlands functions to the total wetland resource use should be those established as unless the head of the agency of the area; and publicly owned resources. These can determines that: (1) There is no (3) Other factors such as uniqueness, be— practicable alternative to such esthetics, or cultural values. (1) Restored or enhanced wetlands on construction, and (2) the proposed (c) A determination of the highway public lands; action includes all practicable measures impact should focus on the short- and (2) Single purpose publicly owned to minimize harm to wetlands which long-term effects of the project on the banks, established by and for the use of may result from such use. Sections 1006 wetlands’ functional capacity. a highway agency with Federal-aid and 1007 of the Intermodal Surface § 777.9 Mitigation of impacts. participation; or multipurpose publicly Transportation Efficiency Act of 1991 owned banks, established with public, (a) Actions eligible for Federal (ISTEA) (Pub. L. 102–240, 105 Stat. non-Federal-aid funds, in which credits funding. There are a number of actions 1914)(codified at §§ 103 and 133 of title may be purchased by highway agencies that can be taken to minimize the 23, United States Code, respectively) using Federal-aid funds on a per-credit impact of highway projects on wetlands. identify additional approaches for basis; or mitigation and management of wetland The following actions qualify for (3) Other forms of mitigation banks in impacts which actually result from Federal-aid highway funding: which credits are purchased by State highway projects as eligible for Federal (1) Where practicable, avoidance or highway agencies to mitigate wetlands participation. minimization of wetland impacts impacts actually the result of Federal- through realignment and special design aid highway projects. § 777.5 Federal participation. or construction features. In accordance (c) Contributions to statewide and (a) Those measures which the Federal with the Environmental Protection regional efforts to conserve, restore, Highway Administration (FHWA) and a Agency’s Clean Water Act Section enhance and create wetlands. Federal- State Highway Agency (SHA) find 404(b)(1) guidelines (40 CFR 230 et aid funds may participate in the appropriate and necessary to mitigate seq.), avoidance and then minimization development of statewide and regional adverse environmental impacts to must be given first consideration in the wetlands conservation plans, including wetlands are eligible for Federal sequence for mitigating wetlands any efforts and plans authorized participation where the impacts actually impacts. pursuant to the Water Resources result from an FHWA action. The (2) After practicable avoidance and Development Act of 1990. Contributions justification for the cost of proposed minimization measures have been to these efforts may occur in advance of mitigation measures should be exhausted, other ecologically desirable project construction only if such efforts considered in the same context as any compensatory mitigation alternatives are consistent with all applicable other public expenditure; that is, the consistent with the Section 404(b)(1) requirements of Federal law and proposed mitigation represents a guidelines, either inside or outside of regulations and State transportation reasonable public expenditure when the right-of-way. This may include on- planning processes. weighed against other social, economic, site mitigation, when that alternative is and environmental values, and the determined to be ecologically desirable § 777.11 Other considerations. benefit realized is commensurate with and practicable, improvement of (a) The development of measures the proposed expenditure. Mitigation existing degraded or historic wetlands proposed to mitigate wetlands impacts measures shall give like consideration to through restoration or enhancement, or should include consultation with traffic needs, safety, durability, and creation of new wetlands from non- appropriate State and Federal agencies. economy of maintenance of the wetland areas. Restoration or (b) Federal-aid funds may not highway. enhancement of wetlands is generally participate in the replacement of (b) It is FHWA policy to permit, preferable to construction or creation of wetlands absent sufficient assurances consistent with the limits set forth in new wetlands from non-wetland areas. that the area will be maintained as a this part, the expenditure of Federal-aid Under this approach, first consideration wetland. highway funds for activities required for should be given to the development of (c) The acquisition of proprietary the planning, design, construction, and compensatory mitigation on publicly interests in replacement wetlands as a establishment of wetlands mitigation owned lands. mitigation measure may be in fee simple Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30559 or by easement, as appropriate. The DEPARTMENT OF THE INTERIOR • Does not have significant federalism acquisition of ‘‘mitigation credits’’ in effects. wetland mitigation banks should be Bureau of Indian Affairs • Will not have a significant accomplished through a legally economic impact on a substantial 25 CFR Part 154 recognized instrument, such as number of small entities under the permanent easement or deed restriction, RIN 1076±AD41 Regulatory Flexibility Act (5 U.S.C. 601 which provides for protection and et. seq.) because this rule applies only permanent continuation of the wetland Osage Roll; Certificate of Competency to Osage Indian applicants. • Does not have significant takings nature of the mitigation. AGENCY: Bureau of Indian Affairs, implications under E.O. 12630. (d) A State Highway Agency (SHA) Interior. • Does not have significant effects on may acquire privately owned lands in ACTION: Proposed rule. the economy, nor will it result in cooperation with another public agency SUMMARY: The Bureau of Indian Affairs increases in costs or prices for or third party. Such an arrangement may is proposing to amend its regulations on consumers, individual industries, accomplish greater benefits than would the Osage competency roll as required Federal, State, or local governments, otherwise be accomplished by the by the National Performance Review agencies, or geographical regions. • Does not have any adverse effects individual agency acting alone. regulatory reform effort. on competition, employment, (e) An SHA may either transfer the DATES: Comments must be received on investment, productivity, innovation, or title of lands acquired outside the right- or before August 16, 1996. the export/import market. of-way, without credit to Federal funds, ADDRESSES: Mail or hand carry your • Is categorically excluded from the to an appropriate public agency (e.g., comments to Terrance L. Virden, Acting National Environmental Policy Act of U.S. Fish and Wildlife Service or State Director, Office of Trust 1969 because it is of an administrative, natural resource agency) or enter into an Responsibilities, Bureau of Indian technical, and procedural nature. agreement with such agency to manage Affairs, Department of the Interior, 1849 Therefore, neither an environmental such lands. When such transfer occurs, C Street, NW, MS 4513 MIB, assessment nor an environmental there shall be an explicit agreement that Washington, DC 20240. Comments may impact statement is warranted. • the lands or interests therein transferred be hand delivered from 9:00 a.m. to 4:00 Does not impose any unfunded shall remain in the grantee agency’s p.m., Monday through Friday or sent by mandates on any governmental or ownership or control so long as the facsimile to Facsimile No. (202) 219– private entity and is in compliance with lands continue to serve the purpose of 1065. the provisions of the Unfunded Mandates Act of 1995. the original acquisition. In the event the FOR FURTHER INFORMATION CONTACT: • Has been found to contain no area transferred no longer serves the Alice Harwood, Acting Chief, Division of Real Estate Services, Office of Trust information collection requirements purpose of the original acquisition, the Responsibilities, Bureau of Indian under the Paperwork Reduction Act of lands or interests therein transferred Affairs, Department of the Interior, 1849 1995. By memorandum January 11, shall revert to the SHA for proper C Street, NW, MS 4513 MIB, 1984, then Deputy Administrator for the disposition. Washington, DC 20240, Telephone No. Office of Information and Regulatory (f) The reasonable costs of acquiring (202) 208–7737. Affairs, Office of Management and lands or interests therein to provide SUPPLEMENTARY INFORMATION: The Budget (OMB), determined that replacement lands with equivalent proposed rule has been rewritten to information collections related to Indian wetlands functional capacity are eligible facilitate its use by the general public land records and title documents did for Federal participation. and the individual Indians affected by not require OMB clearance. (g) The objective in mitigating impacts the rule. Sections that no longer apply Drafting Information to all wetlands in the Federal-aid have been deleted and sections added The primary author of this document highway program is to implement the for clarification. No substantive is Pearl Kennedy, Realty Specialist, policy of no-net-loss in area or revisions are proposed in this rule. Division of Real Estate Services, Bureau The authority to issue rules and functional capacity. Certain activities to of Indian Affairs, Department of the regulations is vested in the Secretary of ensure the viability of compensatory Interior, 1849 C Street, NW, MS 4522 the Interior by 5 U.S.C. 301 and sections MIB, Washington, DC, 20240. mitigation wetlands during the period of 463 and 465 of the Revised Statutes, 25 establishment are eligible for Federal- U.S.C. 2 and 9, and delegated to the List of Subjects in 25 CFR Part 154 aid participation. These include, but are Assistant Secretary-Indian Affairs by not limited to, such activities as repair Indians, Indians—lands. 209 DM 8. For the reasons given in the preamble, or adjustment of water control Publication of the proposed rule by structures, pest control, irrigation, Part 154 of Title 25, Chapter I of the the Department of the Interior Code of Federal Regulations is proposed fencing modifications, and replacement (Department) provides the public an to be revised as set forth below. of plantings. The establishment period opportunity to participate in the should be specifically determined by rulemaking process. Interested persons PART 154ÐOSAGE ROLL, the mitigation agreement among the may submit written comments regarding CERTIFICATE OF COMPETENCY mitigation bank managers prior to the proposed rule to the location beginning any mitigation activities. identified in the ADDRESSES section of Sec. this document. 154.1 What are the definitions of the terms [FR Doc. 96–15297 Filed 6–14–96; 8:45 am] This rule is not a major rule under used in this part? BILLING CODE 4910±22±P 154.2 Why do I need a certificate of Executive Order 12866 and will not competency? require a review by the Office of 154.3 How do I apply for a certificate of Management and Budget. competency? The Department has determined that 154.4 How do I qualify for a certificate of this rule: competency? 30560 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

154.5 What is a competency eligibility roll? certificate of competency. It contains the by the Bureau of Indian Affairs (BIA) 154.6 How is age determined? following information for each since the last publication of these 154.7 Who pays for the recording of individual: regulations in the 1960’s. certificates of competency? (a) Name; DATE: Comments must be submitted on 154.8 When will I get delivery of my funds, (b) Last known address; if any? or before October 15, 1996. (c) Date of birth; and Authority: 62 Stat. 18; 25 U.S.C. 331 note. (d) Total quantity of Osage Indian ADDRESSES: Mail comments to: Mark Bradford, Bureau of Indian Affairs, § 154.1 What are the definitions of the blood of each person listed. terms used in this part? Division of Land and Water, 1849 C § 154.6 How is age determined? Street, N.W., Mail Stop 4559 MIB, Certificate of competency is a Washington, D.C. 20240. certificate issued by the Superintendent The date of birth as shown on a of the Osage Agency declaring a certain standard or delayed birth certificate or FOR FURTHER INFORMATION CONTACT: Stan Osage Indian to be competent to handle census records maintained by the Osage Webb, Branch of Real Estate Services, his or her allotted or inherited Osage Indian Agency is accepted as prima Phoenix Area Office, Bureau of Indian Indian lands or Osage headright facie evidence in determining the age of Affairs, at 602–379–6781, or Virgil interest(s). a person. Dupuis, Lands Division, Confederated Commissioner includes the Deputy § 154.7 Who pays for the recording of Salish and Kootenai Tribes of the Commissioner of Indian Affairs or certificates of competency? Flathead Nation, at 406–675–2700. authorized representative acting under The Superintendent may disburse IIM SUPPLEMENTARY INFORMATION: Section delegated authority. funds of the persons to whom a 301 of the AIARMA requires that the act Person means an unallotted member certificate of competency is issued in be implemented through the of the Osage Tribe of Oklahoma of less order to provide for the direct payment promulgation of final regulations within than one-half Osage Indian blood who of costs of recording the certificate of 24 months, and that such regulations be has not received a certificate of competency into the official land ‘‘developed by the Secretary with the competency. records of the Osage County Clerk. participation of the affected Indian Secretary means the Secretary of the tribes.’’ Four work groups (including a Interior or authorized representative § 154.8 When will I get delivery of my leasing and permitting group) were acting under delegated authority. funds, if any? established by a steering committee, Superintendent means the After a certificate of competency is with the work groups and the steering Superintendent of the Osage Agency, issued and recorded, the committee each being comprised of BIA Bureau of Indian Affairs, Department of Superintendent will deliver to the and tribal representatives. The work the Interior. individual or legal guardian named, the groups met in March 1994, and a first § 154.2 Why do I need a certificate of original copy of the certificate and a set of draft regulations was distributed competency? check for all funds on deposit in the IIM for comment to some 3000 addressees If you do not wish to be under the account of the individual at the Osage on April 29, 1994. The first draft did not supervision of the Bureau of Indian Indian Agency. At the request of the provide for a consolidation of the Affairs and feel that you are competent Superintendent, you will be required to permitting provisions in 25 CFR Parts to handle your own allotted or inherited sign a receipt. 162 and 166, although such a Osage Indian lands or Osage headright Dated: May 31, 1996. consolidation had been planned by the interests, you may apply for a certificate Ada E. Deer, BIA since 1988; it did, however, include of competency which will remove the Assistant Secretary—Indian Affairs. a number of proposed revisions (unrelated to the AIARMA) intended to restrictions from your land as well as [FR Doc. 96–14641 Filed 6–14–96; 8:45 am] address questions raised during the past make any income deriving from your BILLING CODE 4310±02±M Osage headright interests fully taxable 25 years by other statutory enactments by both Federal and State. In addition, and various administrative actions and a certificate of competency will make 25 CFR Part 162 judicial decisions. any Osage lands or headright subject to After five formal hearings were creditors’ claims. RIN 1076±AA29 conducted throughout the nation, a second mailing was distributed for Leasing and Permitting § 154.3 How do I apply for a certificate of comment on June 28, 1994. The second competency? AGENCY: Bureau of Indian Affairs, mailing included a cross-references You must complete and file with the Interior. summary sheet which indicated how agency superintendent a written ACTION: Proposed rule. most of the permitting provisions in the application in the form approved by the existing 25 CFR Part 166 would be Secretary. SUMMARY: This rulemaking action will incorporated in Subpart D of the § 154.4 How do I qualify for a certificate of revise the leasing and permitting proposed 25 CFR Part 162, but it did not competency? regulations in 25 CFR Part 162, and include the text of the proposed Subpart You must be at least 21 years old and incorporate the general grazing permit D. The text of a revised Subpart D—and be determined by the Osage Agency regulations now found in 25 CFR Part all of the other proposed regulations Superintendent to be competent to 166. The rule will also implement the drafted to implement the AIARMA— handle your own land and financial relevant provisions in a number of were distributed for a final round of affairs. statutes of general application, comments on November 30, 1994. The including the American Indian leasing and permitting work group met § 154.5 What is a competency eligibility Agricultural Resource Management Act in September 1994 and March 1995, roll? (AIARMA). Finally, the rule will respectively, to review the written It is a listing, prepared for the Osage implement many policy decisions, legal comments and public testimony Agency Superintendent, of persons 21 opinions, and administrative actions received in response to the mass years or older who have not received a which have been issued or implemented mailings. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30561

The Statutory Framework authority of the individual Indian 21, 1922, statute (42 Stat. 995, 25 U.S.C. landowners, and our approval power. 392) subsequently authorized us to Early Statutes—Tribal Land The Act of February 28, 1891, approve leases of allotments wherever Under the trade and intercourse acts authorized an allottee who could not the patents covering such allotments which are codified at 25 U.S.C. 177, personally occupy and improve his prohibited any type of alienation valid leases of tribal land may be made land—‘‘by reason of age or other without the consent of the President. only with specific statutory disability’’—to lease the allotment for When the IRA was enacted in 1934, authorization. The first general leasing farming and grazing purposes. The its purposes included the prohibition of statute for Indian land was enacted on statute limited the maximum term of the the further allotment of Indian February 28, 1891 (26 Stat. 795, 25 authorized leases to three years, and the reservations and the curtailment of the U.S.C. 397), and a proviso in that act legislative history dictated that future alienation of allotted land. authorized tribal councils to lease tribal applications to lease be made directly to Although none of the provisions in the ‘‘purchased’’ land (on treaty us (rather than to the ‘‘agent in charge final version of the IRA specifically reservations) for grazing purposes, for of any reservation’’). addressed the leasing or permitting of up to five years. These tribal leases, In its August 15, 1894, appropriations allotments, Section 6 (48 Stat. 986, 25 unlike the leases of allotments act, Congress lessened the 1891 act’s U.S.C. 466) directed us to make rules authorized by the same statute, were restrictions by authorizing farming and ‘‘to restrict the number of livestock expressly made subject to approval by grazing leases by any allottee with an grazed on Indian range units to the we of the Interior. A proviso in an ‘‘inability’’ to personally occupy and estimated carrying capacity * * *, to August 15, 1894, appropriations act (28 improve his land. In this statute, protect the range from deterioration, to Stat. 305) authorized tribal councils to Congress also extended the maximum prevent soil erosion, to assure full lease any unallotted ‘‘surplus’’ land for term of farming and grazing leases to utilization of the range, and like farming purposes, for up to five years. five years, and authorized leases of up purposes.’’ By act dated July 3, 1926 (44 Stat. 894, to ten years for business purposes. In A statute was enacted on July 8, 1940 25 U.S.C. 402a), leases of irrigable tribal appropriations acts from 1897 and 1900, (54 Stat. 745, 25 U.S.C. 380), to address land were authorized for up to ten years, however, Congress vacillated in questions which had arisen about our ‘‘with the consent of the tribal council, defining the restrictions to be imposed authority to approve leases that had not business committee, or other authorized on the owners of allotted land. In the been executed by all of the individual body.’’ By Section 17 of the Indian 1897 act (30 Stat. 85), the ‘‘inability’’ Indian owners. This act expressly Reorganization Act (IRA) of June 18, provision was dropped, and the authorized us to grant leases of heirship 1934 (48 Stat. 988, 25 U.S.C. 477), tribes maximum terms for farming/grazing and land (owned by the heirs or devisees of which did not vote to reject the IRA business leases were reduced to three the original allottee) under specific were authorized to adopt corporate and five years, respectively. Then, in the circumstances. The act provided, in its charters (to be ‘‘issued’’ by us). Among 1900 act (31 Stat. 229, 25 U.S.C. 395), entirety, as follows: other things, these charters initially the ‘‘inability’’ provision was restored, allowed tribes to grant leases for up to [R]estricted allotments of deceased Indians and five-year farming leases were re- may be leased, except for oil and gas mining ten years, without further secretarial authorized. purposes, by the superintendent of the approval. Section 17 of the IRA was A more expansive leasing statute was reservation within which the lands are amended on May 24, 1990 (104 Stat. enacted on June 25, 1910 (36 Stat. 856, located (1) when the heirs or devisees of such 207), to eliminate the need for a special 25 U.S.C. 403), authorizing five-year decedents have not been determined and (2) tribal election to support a proposed leases of allotments held under trust when the heirs or devisees of the decedents corporate charter, and to allow tribes patents, without regard to the purpose have been determined, and such lands are which rejected the IRA to nonetheless of the lease or the Indian landowner’s not in use by any of the heirs and the heirs adopt a charter pursuant to Section 17. age, ‘‘disability,’’ or ‘‘inability.’’ This act have not been able during a three-months’ The amendment also authorized 25-year period to agree upon a lease by reason of the also provided that lease ‘‘proceeds’’ number of the heirs, their absence from the leases of tribal land without secretarial could be paid directly to the allottee or reservation, or for other cause, under such approval, where such leases are his/her heirs, or expended for their rules and regulations as the Secretary of the authorized by a secretarially-issued benefit by us. Congress attempted to Interior may prescribe. The proceeds derived charter. The legislative history of the both expand and limit its leasing policy from such leases will be credited to the amendment does not reveal why in the Act of May 18, 1916 (39 Stat. 128, estates or other accounts of the individuals corporate leases were limited to 25 25 U.S.C. 394), which authorized leases entitled thereto in accordance with their years, when longer terms would have of irrigable allotted land for up to ten respective interests. been consistent with the long-term years, but made such leases subject to The 3 month negotiation period leasing statutes enacted between 1934 the ‘‘age or other disability’’ restrictions required by the 1940 act is now subject and 1990. set forth in the Act of February 28, 1891. to modification by tribes, insofar as By statute enacted on March 3, 1921 (41 agricultural leases are concerned, Early Statutes—Allotted Land Stat. 1232, 25 U.S.C. 393), allottees and through the enactment of the American Leases and other dispositions of their heirs were authorized to grant Indian Agricultural Resource allotted land are generally prohibited by farming and grazing leases of Management Act on December 3, 1993. the treaties and statutes which ‘‘restricted’’ allotments (which were not The provisions of this act are described authorized the allotments and covered by trust patents, and thus fell in some detail below. established the periods during which outside the scope of the 1910 act). (In the land would be held in trust or earlier statutes, the leasing authority of The Long-Term Leasing Act restricted status. These prohibitions the heirs of allottees had been left to Before 1955, leases for more than five were modified by a series of statutes inference.) Leases granted under the years were generally prohibited on both which authorized the leasing of 1921 act were expressly made subject to tribal and individually-owned land; 10 allotments, subject to various ‘‘the approval of the superintendent or year leases were authorized only where limitations as to the lease purpose, other officer in charge of the reservation irrigable land was involved, or where maximum lease term, the leasing where the land is located.’’ A September the leases were made pursuant to a 30562 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules tribal corporate charter or a reservation- case basis. Finally, the Conference authority of tribes to regulate such specific statute. Section 1 of the Act of Report indicates that the ten-year activities under Section 102. First, August 9, 1955 (69 Stat. 539, 25 U.S.C. maximum term for grazing leases was Section 105(a)(1) extends the existing 415), authorized long-term leases of established in the belief it would 25-year authority for farming leases both tribal and individually-owned provide adequate security for private requiring a ‘‘substantial investment’’ to land, but Section 6 (25 U.S.C. 415d) loans to livestock operators. grazing leases that meet the same expressly provided that previously- To date, the 1955 act has been requirement. Second, Section 105(a)(2) enacted statutes would not be repealed. amended numerous times, and 99-year confirms existing authority to grant or Specifically, ten-year leases were leasing authority now exists on several approve a lease or permit at less than authorized for grazing purposes, and 25- reservations. A June 2, 1970, the appraised rental value of the land, year leases were authorized ‘‘for public, amendment (84 Stat. 303) added the when the land has been advertised and religious, educational, recreational, following sentence at the end of Section it has been determined that the lease or residential, or business purposes, * ** 1 of the 1955 act: permit would serve the best interests of and for those farming purposes which Prior to approval of any lease or extension the Indian landowners. Third, Section require the making of a substantial of an existing lease * * *, the Secretary of 105(b)(5) of the amended AIARMA investment in the improvement of the the Interior will first satisfy himself that confirms that tribes may determine the land for the production of specialized adequate consideration has been given to the rentals to be paid under agricultural crops.’’ Single renewal periods of up to relationship between the use of the leased leases and permits of tribal land. Fourth, lands and the use of neighboring lands; the 25 years were authorized in leases made the negotiation rights of the owners of for purposes other than farming or height, quality, and safety of any structures or other facilities to be constructed on such heirship land are expanded by Section grazing. lands; the availability of police and fire 105(c)(2), which authorizes the owners Section 1 of the 1955 act authorized protection and other services; the availability of a ‘‘majority interest’’ to grant an leases by the Indian landowners, subject of judicial forums for all criminal and civil agricultural lease or permit which will to the approval of the Secretary, and causes arising on the leased lands; and the bind the remaining owners (so long as Section 2 (25 U.S.C. 415a) confirmed effect on the environment of the uses to the minority owners receive ‘‘fair that long-term leases of heirship land which the leased lands will be subject. market value’’ for their interests). could be granted by the Secretary Miscellaneous Statutes—The American Finally, while Sections 105(b)(1)–(4) pursuant to the Act of July 8, 1940. Indian Agricultural Resource confirm the newly-recognized authority Section 2 also provided that if this grant Management Act of tribes to supersede federal rules and authority was delegated by the The AIARMA was enacted on regulations on preferences, bonding, Secretary, any ‘‘heirs and devisees’’ and the leasing or permitting of heirship whose interests were leased under such December 3, 1993 (107 Stat. 2011, 25 U.S.C. 3701 et seq.), and amended on land, Section 105(c)(3) allows authority would have a right to appeal. individual landowners to exempt their Section 4 (25 U.S.C. 415b) generally November 2, 1994 (108 Stat. 4572). Section 102(a) of the AIARMA requires land from these specific types of tribal prohibited the payment of rentals more actions where the owners of at least a 50 than one year in advance of the rental that all ‘‘land management activities’’— defined in Section 4(12)(D) to include percent interest in such land object in period, and Section 5 (25 U.S.C. 415c) writing. absolutely prohibited lease provisions the ‘‘administration and supervision of which would prevent or delay a agricultural leasing and permitting Although renewals of farming and termination of federal trust activities, including a determination of grazing leases and permits were not responsibilities during the lease term. proper land use, * * * appraisal, previously authorized by statute, The legislative history of the 1955 act advertisement, negotiation, contract Section 105(b)(1) of the AIARMA indicates that it was intended to preparation, collecting, recording, and implicitly authorizes such renewals, at facilitate the long-term financing of distributing lease rental receipts’’— least on land under the jurisdiction of development on Indian land, and to conform to agricultural resource a tribe which has established thereby increase the rental income management plans, integrated resource preferences for individual Indian lessees payable to Indian landowners. The management plans, and all tribal laws and permittees. Moreover, the three- House Report reflects that Section 4 was and ordinances. Section 102(b) requires month negotiation period required by intended to serve the termination-era that we recognize and enforce all tribal the Act of July 8, 1940, has been ‘‘objective of removing restrictions from laws and ordinances which regulate expressly made subject to modification Indian lands as rapidly as the Indian land use or pertain to Indian by tribes under Section 105(b)(4), owners become able to handle their own agricultural land, and provide notice of insofar as ‘‘highly fractionated’’ heirship affairs without assistance from the such laws and ordinances to individuals land is concerned; the three-month Federal Government.’’ The House or groups ‘‘undertaking activities’’ on period may only be modified, however, Report also indicates that a statutory any affected land. Section 102(c) where a tribe defines ‘‘highly provision which would have mandated authorizes—but does not require— fractionated’’ and establishes an rental adjustment clauses in long-term waivers of federal regulations or alternative plan for providing the leases (‘‘to insure adjustments * ** administrative policies which conflict individual Indian owners of heirship reflecting appreciation or depreciation with an agricultural resource land with notice of our intent to lease of real and personal property values’’) management plan or a tribal law. It their land pursuant to the 1940 act. In was deleted in favor of a committee should be noted, however, that Sections an apparent reference to the newly- recommendation to that effect. 102(a)–(c) expressly provide for the recognized authority of tribes to Specifically, the House Committee on recognition of only those tribal establish alternative notice/negotiation Interior and Insular Affairs enactments which are not contrary to periods, Section 105(c)(1) originally recommended that adjustment federal law or our trust responsibility. confirmed the rights of individual provisions be included in leases Section 105 of the AIARMA confirms ‘‘allottees’’ to use their own property wherever ‘‘applicable and appropriate,’’ and expands the existing leasing and and negotiate their own leases and and that decisions not to include such permitting authority of both us and permits. (By contrast, the 1940 act provisions be documented on a case-by- Indian landowners, and it also limits the allowed the ‘‘heirs and devisees’’ of Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30563 allottees to prevent us from exercising permittee or anyone else) within a three- List of Subjects in 25 CFR Part 162 our broad grant authority on heirship month period; (3) issue timely notices of Agriculture and agricultural products; land, by putting the land to direct use delinquent rentals; (4) require a Grazing lands; Indian-lands. or by entering into a lease or permit minimum cash rental where cropshare during a three-month negotiation rentals are authorized; and (5) monitor For the reasons set out in the period.) Section 105(c)(1) was and document crop production where preamble, we propose to revise Part 162 subsequently amended to clarify that cropshare rentals are to be paid. In a of Title 25 of the Code of Federal nothing in the AIARMA should be 1986 report pertaining to five other Regulations, as follows: construed as ‘‘limiting or altering’’ the reservations in North and South Dakota, PART 162ÐLEASING AND use and negotiation rights of either an the OIG reiterated most of the Fort PERMITTING ‘‘allottee’’ or a tribe, but the amendment Berthold criticisms, and also failed to address the question of recommended that: (1) Minimum Subpart AÐGeneral Provisions whether the ‘‘heirs and devisees’’ of grazing rentals be set at a higher rate, allottees (or individual Indian Sec. with adjustments to off-reservation 162.1 Definitions. landowners who acquired their interests market data based on such ‘‘factors’’ as 162.2 Objectives. by deed) may exercise ‘‘owner’s use’’ seasonal limitations, tribal taxes, 162.3 Scope. rights under the 1940 act. interest on rental ‘‘advances,’’ 162.4 Tribal laws. Interpretation and Implementation administrative fees, and bonding 162.5 Information collection. Subpart BÐAdministrative Provisions Audits and Opinions requirements; (2) the ‘‘brokering’’ of unauthorized ‘‘subleases’’ on allocated 162.10 How are leasing and permitting Since 1984, the Department of the range units be monitored, so that units created? Interior’s Office of Inspector General minimum grazing rentals are paid for all 162.11 How are leasing and permitting (OIG) has completed audit reports on: livestock owned by non-Indians; (3) the units advertised? (1) Agricultural leasing and permitting grazing rentals for the various tracts 162.12 Can landowners grant leases or permits? activities in Montana, South Dakota, within a range unit reflect any and North Dakota; (2) conservation 162.13 When do we grant leases or permits? differences in the production problems on leased property within the 162.14 What land is exempt from leasing capabilities of such tracts; and (4) Crow Indian Reservation in Montana; and permitting? stocking rates be continuously reviewed 162.15 What administrative fees are and (3) the administration of required? commercial leases on the Agua Caliente and adjusted as range conditions warrant. 162.16 Who reviews and approves leases or Indian Reservation in California. In the permits? latter report (from 1992), the OIG In four audit reports from 1985— 162.17 What happens if you default? expressed concern about whether 1988, the OIG reviewed selected leasing 162.18 When can leases or permits be lessees should benefit from favorable or and permitting activities on three canceled? subsidized lease rentals by entering into reservations in Montana (as well as the Subpart CÐGeneral Requirements ‘‘sandwich’’ leases which allow them to Turtle Mountain Chippewa allotments 162.20 Who can obtain a lease or permit? retain all or part of the differential in eastern Montana), focusing primarily 162.21 How do we describe leased or between market (sublease) and contract on trespass, conservation, and income permitted areas? (lease) rents. While the Agua Caliente collection issues. Two of these reports 162.22 What uses of leased or permitted audit report criticized existing also reiterated the above-referenced areas are allowed? regulations as providing ‘‘insufficient concerns about unleased land, expiring 162.23 For how long are leases or permits guidance for commercial leasing leases, and delinquent rentals. Two of valid? activities,’’ it also asserted that such the reports dealt solely with 162.4 What provisions must be in every lease or permit? regulations now make us responsible for conservation issues on the Crow Indian ensuring that: (1) All lease rentals 162.25 How much will the lease or permit Reservation, with specific reference to cost? (including percentage rentals and (unapproved) leases granted by 162.26 Will you have to provide a security interest on delinquencies) are paid; (2) competent Indian landowners pursuant deposit? adequate security for such payments is to the amended Crow allotment act. 162.27 How can leases or permits be maintained throughout the lease term; Based on its review of the legislative amended or modified? (3) negotiated leases provide for a fair history—and its view of our continuing 162.28 Can leases or permits be assigned, rental throughout the lease term, trust responsibility to the allotments in transferred, or sublet? without fixed (or capped) rental 162.29 Can you use a lease or permit as question—the OIG recommended that collateral for a loan? adjustments; and (4) all leases and the BIA clarify its responsibility and subleases are recorded in accordance 162.30 What restrictions apply if you authority over land under leases granted acquire interest in a lease or permit? with 25 CFR 150. by competent Indian landowners, by 162.31 What fees, taxes and assessments In three audit reports from 1984— legislation if necessary. must you pay? 1986, the OIG reviewed the agricultural 162.32 What happens if your lease or leasing and permitting activities on six National Environmental Policy Act permit includes improvements? reservations in North and South Dakota. 162.33 Do you need insurance? In two reports pertaining to the Fort § 162.16(c)(1) provides that the lessee 162.34 What remedies are available if there Berthold Reservation, the OIG criticized must comply with the National is a default or dispute? the BIA’s failure to: (1) Identify Environmental Policy Act (42 U.S.C. Subpart DÐSpecial Provisions for Grazing unleased agricultural land and advertise 4371 et seq.). The courts have held in Permits Davis v. Morton, 469 F.2d 593 (10th Cir. such land for lease or permit; (2) 162.40 How are grazing units established? advertise land on which leases or 1972), that the National Environmental 162.41 How many animals can you graze? permits will be expiring, where the Policy Act applies to the Bureau of 162.42 When do we issue grazing permits? landowners have not granted a new Indian Affairs approval of leases of trust 162.43 What happens when we implement lease or permit (to the existing lessee/ land. a tribal allocation program? 30564 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

162.44 When will we give stocking rate reversionary value of any improvements Owner means the tribe or individual credit? to be made by the lessee or permittee. Indian holding beneficial or restricted 162.45 How much will grazing rental cost? Farmland means land which is used title to tribal or individually-owned 162.46 When will permits or tracts be for the development of crops, pasture, or land. revoked or withdrawn? other agricultural products grown or Permit means a grant to a permittee of Subpart EÐSpecial Provisions for Specific harvested for personal consumption or a privilege to enter on and use tribal, Reservations for commercial purposes. individually-owned, and/or 162.50 Crow Reservation Government land means the surface Government land for a specified 162.51 Cabazon, Augustine, and Torres- estate of a tract of land, or any interest purpose. Martinez Reservations therein, which is owned by the United Rangeland means land on which the 162.52 Salt River and San Xavier States and administered by the Bureau native vegetation is predominantly Reservations of Indian Affairs, not including tribal 162.53 Tulalip Reservation. grasses, forbs, or shrubs suitable for land which has been reserved for the grazing. Authority: 5 U.S.C. 301, R.S. 463 and 465; Bureau’s administrative purposes but is Secretary means the Secretary of the 25 U.S.C. 2 and 9. Interpret or apply sec. 3, not immediately needed for such 26 Stat. 795, sec. 1, 28 Stat. 305, secs. 1, 2, Interior or his authorized representative, purposes. 31 Stat. 229, 246, secs. 7, 12, 34 Stat. 545, Grazing permit means a permit of acting pursuant to delegated authority. 34 Stat. 1015, 1034, 35 Stat. 70, 95, 97, sec. specified duration, granting the Tract means a distinct parcel of 4, 36 Stat. 856, sec. 1, 39 Stat. 128, 41 Stat. Government or heirship land, or a 415, as amended, 751, 1232, sec. 17, 43 Stat. permittee a privilege to use tribal, 636, 641, 44 Stat. 658, as amended, 894, individually-owned, and/or distinct parcel of tribal or individually- 1365, as amended, 47 Stat. 1417, sec. 17, 48 Government land for grazing purposes. owned land in which the full beneficial Stat. 984, 988, 49 Stat. 115, 1135, sec. 55, 49 Unless otherwise provided by or restricted title is held by or on behalf Stat. 781, sec. 3, 49 Stat. 1967, 54 Stat. 745, agreement, a grazing permit will be of a single tribe or individual Indian 1057, 60 Stat. 308, secs. 1, 2, 60 Stat. 962, assignable by the permittee, with the owner. A tract may be leased or sec. 5, 64 Stat. 46, secs. 1, 2, 4, 5, 6, 64 Stat. consent of the owners and our approval, permitted either in all or in part, or it 470, 69 Stat. 539, 540, 72 Stat. 968; 25 U.S.C. and may only be canceled or revoked by may be incorporated in a unit for leasing 380, 393, 393a, 394, 395, 397, 402, 402a, 403, or permitting purposes. 403a, 403b, 403c, 413, 415, 415a, 415b, 415c, us pursuant to §§ 162.18 and 162.46 of 415d, 477, 635. 25 U.S.C. 3701, 3702, 3703, this part, respectively. Tribal corporation means a 3715, 107 Stat. 2018, 108 Stat. 4572. Grazing unit means one or more tracts corporation chartered by us under which have been designated for grazing Section 17 of the Indian Reorganization Subpart AÐGeneral Provisions purposes, pursuant to § 162.40. Act of June 18, 1934 (48 Stat. 984, 25 Heirship land means the surface U.S.C. 477). § 162.1 Definitions. estate of a tract of land having two or Tribal land means a tract of land, or Adult means an individual Indian more owners, in which any interest is any interest therein, which is held by who is 18 years or older. owned by an individual Indian in trust the United States in trust for a tribe or Agricultural land means farmland, or restricted status. Any such interest tribal corporation, or a tract of land, or rangeland, or other land which is used will be characterized as individually- any interest therein, which is owned by in conjunction with farmland or owned land, while the entire tract will a tribe subject to federal restrictions rangeland. be considered to be heirship land. Other against alienation or encumbrance. Agricultural lease or permit means a interests in a tract of heirship land may lease or permit or permit for farming Tribal law means an ordinance or be owned by Indian or non-Indian other enactment by a tribe, which and/or grazing purposes. individuals or entities, in unrestricted Allocation means the apportionment applies to leasing and permitting status, or by tribes, in trust or restricted activities on tribal land and/or of grazing units to tribal members or status. tribal entities, including the tribal individually-owned agricultural land Individual Indian means any person and is applicable under § 162.4. designation of permittees and the for whom the United States holds title Tribe means any Indian tribe, band, number and kind of livestock to be in trust status, or who holds title subject nation, or other organized Indian group grazed. to federal restrictions against alienation or community, including any Alaskan Conservation plan means a statement or encumbrance. of management objectives for an Individually-owned land means the Native village, which is recognized by agricultural lessee or permittee, surface estate of a tract of land, or any us as having special rights and including contract stipulations defining interest therein, which is held by the responsibilities, and as being eligible for required uses, operations, and United States in trust for an individual the services provided by the United improvements. A conservation plan Indian, or a tract of land, or any interest States to Indians because of their status may be prepared or adopted by us, and therein, which is owned by an as Indians. will be reviewable on an annual basis. individual Indian subject to federal Unit means two or more tracts which Fair annual rental means restrictions against alienation or have been combined for leasing or consideration for a lease or permit encumbrance. permitting purposes, pursuant to which provides a reasonable return on Interest means an undivided § 162.10 of this part. land value, as may be determined by an fractional share in the ownership of We means the Secretary of the Interior appraisal of comparable properties, heirship land. or a Federal official with delegated advertisement and/or competitive Lease means a grant to a lessee of a authority. bidding, or a negotiated percentage of right to possession of tribal and/or the income to be derived from the land. individually-owned land, for a specified § 162.2 Objectives. Fair annual rental will reflect the purpose and duration. (a) We will prepare and administer highest and best use of the land, Majority interest means an aggregate leases and permits in accordance with consistent with applicable law, and will of tribal and individually-owned tribal laws which are not contrary to take into account the costs associated interests totaling more than 50 percent Federal law or our trust responsibility to with the proposed use and the of the total ownership in heirship land. protect the resources of individual Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30565

Indian owners. That means we will we will notify the affected owners. (b) Advertisements will provide manage tribal and individually owned Either actual or constructive notice may potential lessees with notice of the agricultural land in a manner which is be provided, depending on whether the applicable tribal laws, and the basic consistent with recognized principles of tribe afforded any notice and hearing terms and conditions of the lease or sustained yield management, integrated rights to the owners before enactment. permit. Advertisements will state if resource management planning, sound Actual notice is required if the tribal there is preference for Indians or conservation practices, and other law is of the type described in members of the tribe that has community goals as expressed in tribal paragraphs (c) (1) through (3) of this jurisdiction over the land. laws. section. (b) We will assist owners in the (c) A tribal law may supersede the § 162.12 Can landowners grant leases or granting of leases and permits through regulations in this part, except when the permits? negotiation, advertisement, or law conflicts with a Federal statute or (a) We will approve a lease or non allocation. We will also recognize the with the objectives in § 162.2. Also, grazing permit of individually owned rights of owners to use their own land, owners of individually-owned land or land negotiated and granted by: if the other owners receive a fair annual the owners of at least a 50 percent (1) Adult owners, except those under rental for this use and the long term interest in heirship land may exempt a legal disability; value of the land is preserved. their land from a tribal law if it: (2) Parents and other persons standing (c) We will ensure that lessees and (1) Provides a preference for Indians in loco parentis to minor children permittees comply with the terms of or tribal members in issuing or renewing owners; and their leases and permits, through agricultural leases or permits; (3) Guardians, conservators, and other cancellation or other action necessary to (2) Establishes specific security fiduciaries appointed by courts of protect the interest of the owners. If the requirements for agricultural leases or competent jurisdiction to act on behalf effective use of the land requires, we permits, or waives our security of individual Indian owners. may grant leases and permits on behalf requirements; or (b) We will approve leases or permits of the owners and obtain a fair annual (3) Defines ‘‘highly fractionated’’ of tribal land negotiated and granted by rental. heirship land and establishes a plan to tribes and tribal corporations. If allowed provide the owners with notice of our by its charter, a tribal corporation may § 162.3 Scope. intent to grant an agricultural lease or grant a lease or permit for up to 25 (a) The regulations in this part permit under § 162.13(b). years, including any option period, prescribe the procedures, terms, and (d) The owners of a tract of without our approval. If tribal land conditions under which non-mineral individually owned or 50 percent assigned to a tribal member under tribal leases and permits covering tribal, interest in heirship land may exempt law or custom which authorizes further individually owned, and government their land from a tribal law by leasing and permitting, the assignee and land may be granted, approved, and submitting a written statement or tribe may jointly grant a lease or permit administered. The regulations in petition to us. We will notify the tribe with our approval. subparts A through C of this part apply of your request. The same procedure (c) We will approve agricultural leases to all leases and permits, except as applies to changing your request for or permits granted by owners of a otherwise indicated, and the regulations exemption. majority interest in heirship land to in subpart D also apply to grazing owners of a minority interest. The lease § 162.5 Information collection. permits. Mineral leases and permits will or permit must provide a fair annual be subject to the regulations in The information collection rental to the other owners who do not subchapter I of this chapter. requirements contained in this part do grant the lease or permit. (b) The regulations in subpart E not require the review and approval of prescribe certain procedures, terms, and the Office of Management and Budget § 162.13 When do we issue leases or permits? conditions which apply to leasing and under the Paperwork Reduction Act (44 permitting activities on specific U.S.C. 3501 et seq.). (a) We may grant leases or non grazing permits, or join in agreements which reservations. The provisions in subparts Subpart BÐAdministrative Provisions A through D will also apply on these have been negotiated by other owners reservations, unless superseded by § 162.10 How are leasing and permitting under § 162.12(a), on behalf of the subpart E. units created? following owners of individually owned (c) The regulations in this part will We may establish a unit if it is land: not apply if a lease or permit is granted consistent with prudent management or (1) Adults who are legally disabled; by an owner without our approval being efficient administration of tribal, (2) Orphaned minors; required. Such leases and permits must individually owned, or Government (3) The undetermined heirs or be recorded according to part 150 of this land. If the value of each tract is not devisees of individual Indian decedents; chapter. identified in a lease or permit, the value (4) Individual Indians who have given of each tract will be proportionate to its us written authority to act on their § 162.4 Tribal laws. acreage within the unit. behalf; and (a) Tribal laws may apply to tribal (5) Individual Indians whose land and individually owned § 162.11 How are leasing and permitting whereabouts are unknown. agricultural land under the jurisdiction units advertised? (b) We may grant a lease or permit of the enacting tribe. To be applicable, (a) If necessary to establish a fair covering all tribal and individually the law must apply equally to all land annual rental, we will advertise a tract owned interests in heirship land, if a under the jurisdiction of the tribe. of individually owned or heirship land lease or permit cannot be granted for (b) Tribes must notify us of the before granting or approving a lease or each interest under paragraph (a) of this content, record of public notices and permit. Advertisements will require section and/or § 162.12. hearings, and effective date of new tribal sealed bids, and may also provide for (c) When a tribal law applies, we may laws. If the new tribal law applies to competitive bidding among the only grant a lease or permit after individually owned agricultural land, potential lessees. providing the tribal and individual 30566 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

Indian owners with written notice, and will collect an administrative fee based permit is granted or approved after its allowing owners 3 months to grant a on the cash rental value. starting date, it is retroactive to that lease or permit pursuant to § 162.12. We (c) If a tribe performs all or part of the starting date except when another date may grant a non-grazing permit covering administrative duties, the tribe may is stipulated. all trust and restricted interests in a tract establish an alternate fee schedule. We of heirship land if it is impractical to must approve the alternative schedule if § 162.17 What happens if you default? provide notice to the owners and no any of the fees collected will not be (a) We will determine when a default substantial injury to the land would deposited in the U.S. Treasury. occurs. We will then notify you and any occur. If we grant a lease or permit for (d) If less than fair annual rental is sureties or encumbrancers. 10 years or more, we will notify the payable under a lease or permit, or if a (b) You have 30 days from the receipt owners of their right to appeal under document is being processed primarily of the notice to cure the default or part 2 of this chapter. for the benefit of the owners, we will provide information to justify not (d) We will grant permits for waive collection of the administrative canceling the lease or permit. We may Government land. fee. No refund of previously collected grant you additional time to complete fees is allowed. corrective actions, but you must § 162.14 What land is exempt from leasing immediately begin the work necessary and permitting? § 162.16 Who reviews and approves leases to cure the default and diligently (a) The parent, guardian, or other or permits? proceed to completion within the time person standing in loco parentis to (a) We must identify potential impacts allowed. minor children may use a tract of and ensure compliance with all (c) You have the right to appeal our individually owned or heirship land applicable environmental and land use decision on whether you defaulted without charge, if the minor children laws and ordinances before we grant or under part 2 of this chapter. are the only owners and will directly approve a lease or permit. Usually a § 162.18 When can leases or permits be benefit from the use. This use may formal assessment of potential impacts canceled? continue until one of the owners is not required if the proposed action (a) We will cancel a lease or permit if becomes an adult. will not result in a physical alteration of you fail to justify extra time to correct (1) In that event a lease or permit the land or a change in the land use. or fail to complete required corrective must be obtained for the use to (b) To assess potential impacts of actions. We will notify you and any continue. approving a permit or lease, we will (2) The user must provide evidence of consider the following: sureties or encumbrancers of our a direct benefit to the minor children, or (1) Relationship between the decision to cancel. (b) In our notice, we will advise you we will proceed to lease or permit. proposed land use and the use of of your right to appeal under part 2 of (b) We will not grant a lease or permit adjoining land; this chapter, and we will demand the pursuant to §§ 162.13(b) or 162.42(b), if (2) Type of improvements; payment of delinquent rentals and the land is used by an individual Indian (3) Availability of essential damages due. An appeal bond may be owner and the other owners are community services; and required, the amount of the bond will be receiving a fair annual rental. An (4) Existence of appropriate regulatory the amount of delinquent rentals, individual Indian owner who is controls and forums for adjudicating damages, and additional rentals personally using heirship land must disputes. expected to accrue during the settlement notify us of the use and provide (c) We may conditionally approve a of the appeal. An appeal filed without evidence of an accounting to the other permit or lease and reserve the right to the required bond will be dismissed. owners before the end of the applicable further modify or rescind it as necessary to mitigate significant environmental notice period. Subpart CÐGeneral Requirements impacts. You must not take possession § 162.15 What administrative fees are or start operations until: § 162.20 Who can obtain a lease or required? (1) You complete an environmental permit? (a) We will collect an administrative analysis under the National (a) The lease or permit must identify fee before we approve any lease, permit, Environmental Policy Act (42 U.S.C. all parties, including the owners, the sublease, assignment, encumbrance, 4371 et seq.) and we approve it and lessee or permittee, and representatives. modification, or other related document. decide to approve the permit or lease; If a representative executes a lease or The fee will be based on the annual (2) The lease or permit is modified to permit, it must be clearly stated who is rental payable by the lessee or incorporate mitigation measures represented and under what authority permittee, calculated as follows: 3 identified in the record of decision; and the representation is allowed. percent of the first $500, 2 percent of the (3) We certify that all conditions in (b) We may grant a lease or permit to next $4500, and 1 percent of all rentals the original grant or approval are an individual who has ability to exceeding $5000. Grazing permittees satisfied, and we authorize you to take contract under applicable law. If a lease will also pay an annual administrative possession and commence operations. or permit is granted to several fee for the duration of their permits, at (d) There is no standard format for a individuals or an informal association of the same rates. In no event will an lease or permit. The provisions must individuals, the lease or permit will be administrative fee be less than $2, nor conform to the general and special executed by each individual. exceed $250. requirements in subparts (C) through (E) (c) Where a lease or permit is granted (b) For leases or permits with of this part. A lease or permit must to a partnership, all of the general percentage rentals, we will collect an include a citation of the authority used partners must execute the lease or administrative fee based on the to grant or approve it and the delegation permit in the absence of evidence that minimum annual rental or an estimated authority to the granting or approving all partners are not authorized to bind percentage rental. For crop share rental official. the lessee or permittee. or another type of special consideration (e) We will not grant or approve a (1) A lease or permit to a partnership is authorized by a lease or permit, we lease or permit more than one year will indicate whether general partners will establish a cash rental value. We before its starting date. If a lease or whose partnership interests are later Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30567 terminated will continue to be liable for (2) We will usually grant agricultural payable. We will also develop a formula the debts of the lessee or permittee. leases or permits not to exceed 10 years for apportionment and/or abatement of (2) A lease or permit to a limited including renewals and extensions. The rent when you are unable to take partnership, corporation, or other maximum term is 25 years, including possession for the entire rental period. limited liability company will identify renewals and extensions, if substantial We will not collect rent or other the place where the organizational investment in development or consideration more than one year before documents of the lessee or permittee production of a specialized crop is its due date unless agreed to by all have been filed. required. To determine if a long term is parties. (d) If a lease or permit is granted to justified, we will consider the feasibility (d) We will specify who receives a governmental entity, that is prohibited of the proposed development or crop rental payments. If we do not receive by law from complying with any of the production. the rental payments, you must provide requirements in this part, we may waive (3) The maximum term is 2 years us proof of payment. We may suspend those requirements. But, we must when we grant a lease or permit for the direct payment provisions at any time. ensure that your sovereign immunity undetermined heirs of an individual If an owner that receives direct has been waived to the extent necessary Indian decedent, under § 162.13(a)(3). payments dies, you must make all future to protect the interests of the owners. (c) You cannot extend a lease or payments to us until the estate is permit by holdover. The only ways a probated. § 162.21 How do we describe leased or (e) All leases or permits of more than permitted areas? lease or permit can be extended is by renewal or automatic extension. Only 5 years duration must have periodic A legal description or the parcel one extension is allowed. Leases or rental adjustments, except when the number of the premises must be in the permits may provide multiple options rental is less than fair annual rental, or lease or permit. If you propose any for unilateral termination. The lease or if rentals are a percentage of income. We development or a metes and bounds permit must specify the time and will specify how, and when the description is used, you must provide a manner an option to renew or terminate adjustments are made, who will make current survey plat showing is allowed. them, and how disputes will be settled. encroachments and the natural features Unless agreed to before hand, of the land. § 162.24 What provisions must be in every adjustments will not: lease or permit? § 162.22 What uses of leased or permitted (1) Give consideration to the value of areas are allowed? A lease or permit must include improvements or developments provisions stating that: (a) A lease or permit must include: completed; (1) Authorized uses; (a) If the land has trust or restricted (2) Be retroactive if not made on time; (2) Restricted uses; status, you and your sureties obligations and (3) Prohibited uses; and will be to the United States and the (3) Be appealable under part 2 of this (4) Prohibition of creating a nuisance, owners; chapter. any illegal activity, and negligent use or (b) The lease will not delay or prevent the issue of a fee patent; and § 162.26 Will you have to provide a the waste of resources. security deposit? (b) You must conduct farming and (c) If a fee patent is issued, our grazing operations in accordance with responsibilities are assumed by the (a) We will usually require that you the principles of sustained yield owners; and provide a deposit of cash or marketable management, integrated resource (d) We will notify you of any change securities, a surety bond, an irrevocable management planning, sound land status. letter of credit, a chattel mortgage on conservation practices, and other personal property located on the § 162.25 How much will the lease or permit premises, or some other type of security, community goals as expressed in tribal cost? laws. to ensure: (c) You must comply with all (a) We will not approve leases or (1) Payment of one year’s rental; applicable laws, ordinances, rules, permits at less than fair annual rental by (2) Construction of improvements; regulations, and other legal individual Indian owners or their and requirements. You must also pay all representatives except: (3) Performance of additional costs if you do not comply. (1) For religious, educational, obligations, including the restoration of recreational, or other public purposes; the land to its original condition. § 162.23 For how long are leases or (2) For a homesite for the owner’s (b) Tribal laws may establish specific permits valid? spouse, brother, sister, lineal ancestor, security requirements for agricultural (a) Leases and permits will specify the lineal descendent or co-owner. leases or permits, or waive our beginning and ending dates. The length (3) When a special relationship exists requirements. of time allowed will be the shortest between the parties; or (c) We may waive security possible considering the purpose, your (4) When we determine it is in the requirements for agricultural leases or investment, prudent management, and best interest of the owners. permits if annual rental is payable in efficient administration. (b) We will not approve leases or advance, and if performance is secured (b) The maximum term will depend permits at less than fair annual rental by by compliance to a conservation plan on the purpose for the lease or permit, a tribe or tribal corporation for tribal and participation in conservation the location of the land, and the leasing land, except: programs administered by other Federal and permitting authority. (1) For religious, educational, agencies. (1) The maximum primary term for recreational, or other public purposes; (d) We can adjust security public, religious, educational, (2) For housing or agriculture to a requirements at any time. If you default, recreational, residential, or business tribal member or tribal entity; or we may apply the security and seek purposes is 25 years, unless a longer (3) For a business subsidy for a tribal replenishment, or we may retain the term is specifically authorized by member or tribal entity. security and proceed with a notice of Federal statute. The maximum term for (c) We will specify in the lease or default under § 162.17. We may release renewals and extensions is 25 years. permit the dates that rents are due and a security required to ensure the 30568 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules construction of improvements after (2) The assignee must agree in writing Subpart DÐSpecial Provisions for completion of construction. to be bound by the terms of the lease or Grazing Permits permit. § 162.27 How can leases or permits be § 162.40 How are grazing units amended or modified? § 162.31 What fees, taxes and established? (a) We will amend leases and permits assessments must you pay? We will establish and modify grazing the same way we approve them under units boundaries to provide for the §§ 162.12 and 162.13(a). (a) If you lease or permit tribal land, (b) Some owners of heirship land may you must pay all tribal fees, taxes, and conservation, development, and designate one or more of their fellow assessments associated with the use of effective use of Indian, and Government owners to negotiate and/or agree to the premises. If you lease or permit rangeland. We will consult with the amendments or permits on their behalf. individually owned land, you may have tribe having jurisdiction to comply with In these cases the designated owner: to pay also. You will make the payments tribal land management policies. (1) May negotiate or agree to to the appropriate tribal official. § 162.41 How many animals can you amendments or permits; (b) If you lease or permit land within graze? (2) May consent to or approve other items as necessary; and an Indian irrigation project or drainage (a) We will prescribe the maximum (3) Cannot negotiate or agree to district, you will have to pay all charges number of livestock that can graze on a amendments that reduce the rentals accruing during the term of the lease or grazing unit, and the seasons of payable to the other owners or terminate permit, except if part 171 of this chapter authorized grazing use consistent with or modify the term of the lease or supersedes this section. You will make tribal land management policies. We permit. payment to the appropriate Federal will continuously review stocking rates official. and adjust them to meet changing § 162.28 Can leases or permits be conditions. assigned, transferred, or sublet? § 162.32 What happens if your lease or (a) We will approve subleases or permit includes improvements? (b) A tribe may prescribe the kind of assignments of a lease or permit only livestock that graze on rangeland within (a) We will set starting and ending with the written consent of all parties its jurisdiction. But, we may require dates for development of the premises and sureties. other kinds of livestock if it is essential (b) Under a lease or permit for or the construction of improvements. to the prudent management or efficient business purposes, you may sublet a We will also require plans and administration of the permitted land. specifications be submitted before work portion of the premises without the § 162.42 When do we issue grazing consent of the owners, sureties, or us, if begins. permits? the owners receive a fair annual rental (b) Permanent improvements will (a) We may include one or more tracts for this additional use. A sublease will remain on the premises at the of individually owned rangeland in a not relieve you of any liability under the termination of a lease or permit. You grazing unit, and grant a grazing permit lease or permit, nor will it diminish our can remove other improvements within covering such land, on behalf of the supervisory authority. a set time period if all parties agree. You (c) A tribal housing authority leasing following owners: must restore the premises after removal. tribal land may make assignments (1) Adults who are legally disabled; without the consent of the tribe or our § 162.33 Do you need insurance? (2) Orphaned minors; approval, if the assignment is to a tribal member and associated with the transfer You must provide enough insurance (3) The undetermined heirs or of a home. to protect all insurable improvements devisees of individual Indian decedents; on the premises. You must also obtain (4) Individual Indians who have given § 162.29 Can you use a lease or permit as liability insurance to protect the us written authority to act on their collateral for a loan? interests of the owners. All insurance behalf; and Yes. You may use a lease or grazing policies must identify the individual permit as loan collateral if you get our (5) Individual Indians whose Indian and tribal owners and the United whereabouts are unknown. approval and the written consent of the States as insured parties. owners and sureties. The lease or permit (b) We must notify the Indian owners then has an approved encumbrance. § 162.34 What remedies are available if before we grant a grazing permit on there is a default or dispute? heirship rangeland. They must have 90 § 162.30 What restrictions apply if you days to agree to the permit, withdraw acquire interest in a lease or permit? (a) A lease or permit covering a tract their tract from the grazing unit, or (a) If you acquire interest in a lease or of tribal land may provide a tribe with stipulate a higher rental than we permit by sale or foreclosure of an self-help remedies such as a right of proposed. approved encumbrance: entry. Upon default, a tribe may elect to (c) We may include tribal rangeland (1) You may give amortization of the exercise its rights under the lease or within a grazing unit, and grant a loan priority over your rental payments; permit, or it may request that we cancel grazing permit if the tribe has given us and the lease or permit pursuant to § 162.18. (2) You may assign your interest written authority. Without tribal without consent or approval, if the (b) If a lease or permit covering a tract authority, we can only include tribal assignee agrees in writing to be bound of tribal land authorizes termination rangeland if it is essential to the prudent by the terms of the lease or permit. pursuant to state or tribal law, or management or efficient administration (b) If you acquire interest in a lease or provides for the resolution of certain of the land. We must give the tribe permit other than by sale of foreclosure types of disputes through arbitration, written notice 60 days before the start of of an approved encumbrance: the lease or permit provisions will a permit. We will not issue the permit (1) You need our approval and the govern the termination or dispute if the tribe files a written objection to consent of the owners and sureties arbitration. the proposed permit within the notice before you may assign your interest; and period. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30569

§ 162.43 What happens when we executed. The effective date will be the (ii) Is executed more than 12 months implement a tribal allocation program? next anniversary date after notice (if a grazing lease) or 18 months (if a (a) A tribe may authorize us to period, unless a different date is agreed farming lease), before its term begins; or allocate rangeland under its jurisdiction to. (iii) Purports to cancel an existing without negotiation or advertisement. lease with the same lessee as of a future We may grant permits under § 162.42(a) Subpart EÐSpecial Requirements for date and take effect upon cancellation. and (b), to implement a tribal allocation Specific Reservations (3) Under a Crow tribal program, program, despite there not being an competent Crow Indians may enter into § 162.50 Crow Reservation. applicable tribal law. The minimum agreements which require that, for a grazing rentals established under (a) Some Crow Indians are classified specified term, their leases or permits be § 162.45(a) will generally be payable to as competent under the Act of June 4, approved. Information about whether a any individual Indian owners of 1920 (41 Stat. 751), as amended. They competent Crow Indian has executed allocated land. may lease their trust lands and the trust such an instrument is available at the (b) The tribe having jurisdiction will lands of their minor children for office of the Superintendent of the Crow prescribe eligibility requirements with farming or grazing without our approval Agency, Bureau of Indian Affairs, Crow our concurrence. If a tribe fails to per the Act of May 26, 1926 (44 Stat. Agency, Montana. We will return establish its eligibility requirements on 658), as amended by the Act of March without recordation any lease entered time, we may establish the requirements 15, 1948 (62 Stat. 80). We must issue a into with a competent Crow Indian after a 60-day notice. public notice if competent Crow Indians during the time such instrument is in § 162.44 When will we give stocking rate authorize us to lease or permit, or assist effect that is not in accordance with the credit? in the leasing and permitting their instrument. A grazing permit may grant a lands. When this occurs, we will (d) Where any of the following permittee a stocking rate credit where comply with the regulations in this part. conditions are found to exist, leases will the permittee owns or controls other We must approve leases or permits be recorded but the lessee and lessor rangeland which adjoins or lies within signed by non competent Crow Indians will be notified upon discovery of the the grazing unit, and which is grazed in and leases or permits on inherited or condition: common with the permitted land. The devised trust lands owned by more than (1) The lease in single or counterpart stocking rate credit will be reflected in five competent devisees or heirs. form has not been executed by all the grazing capacity of the grazing unit, (b) The Act of May 26, 1926 (44 Stat. owners of the land described in the established pursuant to § 162.40 of this 658), as amended by the Act of March lease; (2) There is, of record, a lease on the part. 15, 1948 (62 Stat. 80), sets five years as the maximum lease term for farming or land for all or a part of the same term; § 162.45 How much will grazing rental grazing. The maximum term for leases (3) The lease does not contain cost? or permits of irrigable lands under the stipulations requiring sound land (a) We will determine fair annual Big Horn Canal is 10. You will not have utilization plans and conservation rentals for reservations with rangeland a preference right to future leases or practices; or (4) There are other deficiencies such by establishing its minimum grazing permits if the total period of as, but not limited to, erroneous land rental. These minimum grazing rentals encumbrance would exceed the descriptions, and alterations which are will apply to all livestock owned by non maximum terms allowed. Indians or nonmembers when their not clearly endorsed by the lessor. livestock grazes on tribal land. (c) All leases or permits entered into (e) Any competent adult Crow Indian (b) Owners may set alternative by competent Crow Indians must be will have the full responsibility for minimum rentals, when we grant a recorded at the Crow Agency. Recording obtaining compliance with the terms of grazing permit under § 162.42(a) and (b). will constitute public notice. any lease made by him/her under this Except when lower rentals are (1) Under these special statutes, Crow section. This will not preclude action by authorized under § 162.25(a), the Indians classified as competent are free us to ensure conservation and alterative minimum rentals may not be to lease their property within certain protection of these trust lands. lower than the minimum we set. limitations. The 5-year (10-year in the (f) Leases made by competent Crow case of lands under the Big Horn Canal) Indians will be subject to the right to § 162.46 When will permits or tracts be limitation is intended to afford a issue permits and leases to prospect for, revoked or withdrawn? protection to the Indians. The essence of develop, and mine oil, gas, and other (a) If you default, we may cancel the this protection is the right to deal with minerals, and to grant rights of way and grazing permit under § 162.18, unless the property free, clear, and easements, in accordance with we agree to an alternative remedy. unencumbered at intervals at least as applicable law and regulations. In (b) We may revoke or withdraw tracts frequent as those provided by law. If issuing or granting of permits, leases, from a permit if the tribe wants to lessees or permittees are able to obtain rights of way or easements we will give include the land in its allocation new leases or permits long before the due consideration to the interests of program or an individual Indian owner termination of existing leases or lessees and to the adjustment of any wants his/her land exempt from permits, they may set their own term. In damages to such interests. If there is a permitting under § 162.14(b). The new these circumstances, lessees could dispute over the amount of damage, the user must compensate the previous user perpetuate their leaseholds and bypass matter will be referred to us. Our for any improvements completed before the statutory limitations on terms. determination of the amount of damage the revocation or withdrawal, and adopt will be final. an established conservation plan or (2) In implementation of the develop a new plan acceptable to us. interpretation, in paragraph (c)(1) of this § 162.51 Cabazon, Augustine, and Torres- Owners may only withdraw a tract after section we will not record any lease Martinez Reservations. it is fenced. which: (a) We may grant a lease of trust or (c) We must notify the user 180 days (i) On its face, violates statutory restricted land on the Cabazon, before a revocation or withdrawal is limitations or requirements; Augustine, and Torres-Martinez Indian 30570 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules reservations, if the land is irrigable by NATIONAL LABOR RELATIONS Operating Permits Program submitted the Coachella Valley County Water BOARD by the Idaho Division of Environmental District and we determine that the Quality for the purpose of complying owners are not benefitting from its use. 29 CFR Part 102 with Federal requirements for an approvable State program to issue (b) You must file a lease of trust or Rules Governing Misconduct by operating permits to all major stationary restricted land on the Cabazon, Attorneys or Party Representatives sources and to certain other sources. Augustine, and Torres-Martinez Indian Before the Agency The first element involves the changes reservations with the appropriate EPA believes are necessary as a county recorder. You must also file the AGENCY: National Labor Relations Board. condition of full approval to the State’s lease with the Coachella Valley County regulations dealing with general Water District or other appropriate ACTION: Notice of Extension of Time for permits. The second element involves irrigation or water district. filing comments to proposed the effect of the State’s environmental rulemaking. audit statute on the State’s enforcement § 162.52 Salt River and San Xavier obligations under title V of the Clean Reservations. SUMMARY: Pursuant to a request from the Management Co-Chair of the American Air Act. (a) A lease of trust or restricted land Bar Association Subcommittee on NLRB In addition, if EPA grants interim on the Salt River or San Xavier Practice and Procedure, the NLRB gives approval of Idaho’s title V operating reservation may authorize more than notice that it is extending by permits program, EPA proposes to delegate the National Emission one renewal period, but the maximum approximately 45 days the time for Standards for Hazardous Air Pollutants term allowable by law can not be filing comments on the proposed rule (NESHAP) as adopted by the State and exceeded. A lease for public, religious, changes governing misconduct by as they apply to part 70 sources. EPA educational, recreational, residential, or attorneys or party representatives before also proposes to approve a streamlined business purposes may run for a the Agency (61 FR 25158, May 20, mechanism for future NESHAP maximum term of 99 years, and a lease 1996). delegations. for farming purposes may run for up to DATES: The comment period which DATES: 40 years where a substantial investment Comments must be submitted by currently ends on June 19, 1996, is July 17, 1996. in the development of the land or the extended to August 2, 1996. ADDRESSES: Comments must be production of a specialized crop is ADDRESSES: Comments on the proposed required. submitted to Elizabeth Waddell, at EPA rulemaking should be sent to: Office of Region 10, 1200 Sixth Avenue, M/D– (b) If we determine that the the Executive Secretary, 1099 14th 108, Seattle, WA 98101. Copies of the governmental interests of a municipality Street, NW., Rm. 11600, Washington, State’s submittal and other supporting contiguous to either the Salt River or DC 20570. information used in developing this San Xavier reservation would be FOR FURTHER INFORMATION CONTACT: proposed action are available for substantially affected by the grant or John J. Toner, Executive Secretary, inspection during normal business approval of a lease, and these interests Telephone: (202) 273–1940. hours at the following location: U.S. cannot be adequately assessed on the Dated, Washington, DC, June 11, 1996. Environmental Protection Agency, basis of the information available (under By direction of the Board: Region 10, 1200 Sixth Avenue, Docket # § 162.16), we must notify the John J. Toner, 10V100, Seattle, Washington. municipality of the proposed action and Executive Secretary. FOR FURTHER INFORMATION CONTACT: give them 30 days to comment. [FR Doc. 96–15164 Filed 6–14–96; 8:45 am] Elizabeth Waddell, 1200 Sixth Avenue, M/D–108, Seattle, WA 98101, (206) (c) The scenic, historic, and religious BILLING CODE 7545±01±P values of the Mission San Xavier del 553–4303. Bac on the San Xavier Reservation must SUPPLEMENTARY INFORMATION: be protected. ENVIRONMENTAL PROTECTION I. Background and Purpose AGENCY § 162.53 Tulalip Reservation. A. Introduction 40 CFR Part 70 The Tulalip Tribes may grant a lease 1. Title V without our approval, if the term of the [AD±FRL±5521±3 ] Title V of the 1990 Clean Air Act lease does not exceed 15 years including Amendments (sections 501–507 of the Clean Air Act Proposed Interim renewal or extension periods. The Clean Air Act (‘‘the Act’’)), and Approval and in the Alternative Tulalip Tribes may grant a lease without implementing regulations at 40 Code of Disapproval of Operating Permits our approval for up to 30 years, Federal Regulations (CFR) Part 70 Program, State of Idaho; Clean Air Act including renewal or extension periods, require that States develop and submit Proposed Delegation of National under tribal law approved by us. operating permits programs to EPA by Emission Standards for Hazardous Air November 15, 1993, and that EPA act to Date: May 31, 1996. Pollutants as They Apply to Part 70 approve or disapprove each program Ada E. Deer, Sources and Approval of Streamlined within 1 year after receiving the Mechanism for Future Delegations, Assistant Secretary—Indian Affairs. submittal. The EPA’s program review State of Idaho [FR Doc. 96–14640 Filed 6–14–96; 8:45 am] occurs pursuant to section 502 of the BILLING CODE 4310±02±P AGENCY: Environmental Protection Act and the part 70 regulations, which Agency (EPA). together outline criteria for approval or ACTION: Proposed action. disapproval. Where a program substantially, but not fully, meets the SUMMARY: The EPA is reproposing requirements of part 70, EPA may grant action on two limited aspects of the the program interim approval for a Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30571 period of up to 2 years. If EPA has not outside the exterior boundaries of general permit. EPA therefore proposes fully approved a program by 2 years Indian Reservations and with EPA’s that Idaho not be required to eliminate after the November 15, 1993 date, or by failure to grant full approval to Idaho’s this provision as a condition of full the end of an interim program, it must insignificant activities list. In addition, approval. establish and implement a Federal Idaho has submitted program revisions B. Idaho’s Environmental Audit Statute program. addressing EPA’s two proposed grounds for disapproving Idaho’s program. The Clean Air Act sets forth the 2. Section 112 Neither the comments submitted in minimum elements required for Section 112(l) of the Act established response to the October 25, 1995, approval of a State operating permits new, more stringent requirements upon proposal nor the program revisions program, including the requirement that a State or local agency that wishes to submitted by the State involve the two the permitting authority has adequate implement and enforce an air toxics issues on which EPA is reproposing authority to assure that sources comply program pursuant to section 112 of the action in this notice. Accordingly, EPA with all applicable CAA requirements as Act. Prior to November 15, 1990, will address the comment, any well as authority to enforce permits delegation of NESHAP regulations to the additional comments it receives in through recovery of minimum civil State and local agencies could occur response to this reproposal and the penalties and appropriate criminal without formal rulemaking by EPA. effect of the State’s program revisions penalties. Section 502(b)(5) (A) and (E) However, the new section 112(l) of the when EPA takes final action after the of the CAA. EPA’s implementing Act requires EPA to approve State and close of the public comment period on regulations, which further specify the local toxics rules and programs under this notice. required minimum elements of State section 112 through formal notice and operating permits programs (40 CFR comment rulemaking. State and local air II. Discussion part 70), explicitly require States to have agencies that wish to implement and A. Reconsideration of General Permit certain enforcement authorities, enforce a Federally-approved air toxic Requirements including authority to seek injunctive program must make a showing to EPA relief to enjoin a violation, to bring suit that they have adequate authorities and In the October 27, 1995, Federal to restrain violations imposing an resources. Approval is granted by EPA Register notice proposing action on imminent and substantial endangerment through the authority contained in Idaho’s title V submission, EPA to public health or welfare, and to section 112(l), and implemented identified four deficiencies in Idaho’s recover appropriate criminal and civil through the Federal rule found in 40 general permitting regulations which penalties. 40 CFR 70.11. In addition, CFR part 63, subpart E if the Agency EPA believed must be addressed as a section 113(e) of the Clean Air Act sets finds that: (1) the State or local program condition of full approval. See 60 FR forth penalty factors for EPA or a court or rule is ‘‘no less stringent’’ than the 54990 (October 27, 1995). One such to consider for assessing penalties for corresponding Federal rule or program, deficiency identified by EPA was that civil and criminal violations of title V (2) adequate authority and resources the Idaho Administrative Procedures permits. EPA is concerned about the exist to implement the State or local Act (IDAPA) 16.01.01.335.05 states that potential impact of some State privilege program or rule, (3) the schedule for issuance of authorization to operate and immunity laws on the ability of implementation and compliance is under a general operating permit is a such States to enforce federal sufficiently expeditious, and (4) the final agency action for purposes of requirements, including those under State or local program or rule is administrative and judicial review of title V of the Clean Air Act. Based on otherwise in compliance with Federal the authorization. EPA stated that this review and consideration of the guidance. provision was in conflict with the statutory and regulatory provisions requirements of 40 CFR 70.6(d)(2), discussed above, EPA issued guidance 3. Prior Action on Idaho’s Title V which allows a permitting authority to on April 5, 1996, entitled, ‘‘Effect of Submittal grant a source’s request for Audit Immunity/Privilege Laws on On October 27, 1995, EPA proposed authorization to operate under a general States’ Ability to Enforce Title V disapproval of Idaho’s operating permits permit without repeating the public Requirements’’ to address these program because of deficiencies in the participation procedures, but provides concerns. This guidance outlines certain State’s provisions for excess emissions that such grant shall not be final agency elements of State audit immunity and and administrative amendments. In the action for purposes of judicial review. privilege laws which, in EPA’s view, alternative, EPA proposed interim Upon further reflection, EPA believes may so hamper the State’s ability to approval of Idaho’s program provided that part 70 does not prevent a enforce as to preclude approval the Idaho revised its regulations to address permitting authority from subjecting a State’s title V operating permits these deficiencies and submitted the decision to grant or deny a general program. revisions to EPA before final action on permit to judicial review, but instead In the October 27, 1995, Federal Idaho’s submittal. See 60 FR 54990. EPA merely states that a permitting authority Register notice proposing action on also proposed to grant interim approval is not required to make such a decision Idaho’s title V submission, which was under section 112(l)(5) of the Act and 40 subject to judicial review. In this published prior to issuance of the April CFR 63.91 of Idaho’s program for respect, the Idaho program does not 5, 1996, guidance, EPA discussed the receiving delegation of section 112 conflict with the requirements of part impact of Idaho’s environmental audit standards that are unchanged from 70, but instead merely requires more statute, Idaho Code Title 9, Chapter 8, Federal standards as promulgated, but public participation than required by on the approvability of Idaho’s title V only as they apply to part 70 sources, if part 70. Accordingly, EPA believes the operating permits program. EPA EPA granted interim approval to Idaho’s Idaho program does not conflict with expressed concern with two aspects of title V program. The EPA received a the requirements of part 70 by Idaho’s environmental audit statute. See single letter of public comment on the subjecting to administrative and judicial 60 FR 55000. First, EPA was concerned proposal. The commenter disagreed review the State’s decision that a with the provision prohibiting the State with EPA’s proposal to approve Idaho’s particular source meets or fails to meet from compelling a source, with certain program only for sources located the applicability requirements for a limited exceptions, to provide the State 30572 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules a report that meets the definition of an environmental laws to the appropriate to have clear authority to restrain or ‘‘environmental audit report’’ (referred agency shall be immune from civil or enjoin immediately activities that to here as the ‘‘audit privilege’’). See criminal penalties or incarceration for present an imminent and substantial Idaho Code 9–804 to –807. Although the underlying associated acts. Idaho endangerment to public health or EPA was concerned that the audit Code 9–809(1). This provision does welfare or the environment and to seek privilege could be used to shield bad contain some restrictions. First, the injunctive relief where necessary to stop actors and frustrate access to crucial immunity does not apply to the extent a violation, correct noncompliance and factual information, however, EPA the disclosure is required by law or a prevent its recurrence. See section stated it did not believe that Idaho’s specific permit condition or order 502(b)(5)(E); 40 CFR 70.11(a) (1) and (2). audit privilege posed a bar to full title because such a disclosure is not The Idaho audit immunity provision V approval. Second, EPA was concerned considered ‘‘voluntary’’ under the Idaho could be interpreted to interfere with with the provision which grants a statute. Idaho Code 9–809(5). Because of these requirements in two respects. source immunity from civil or criminal the recordkeeping, reporting and First, Idaho Code 9–809(7) states that liability for any violations voluntarily compliance certification requirements of the audit immunity does not affect the disclosed by the source to the State in 40 CFR 70.6, which Idaho has adopted authority of the State to require an environmental audit report (referred as part of its title V program (see IDAPA remedial action through a consent order to here as the ‘‘audit immunity 16.01.01.322), the scope of the audit or action in district court or to abate an provision’’). See Idaho Code 9–809. EPA immunity should be greatly restricted imminent hazard ‘‘[e]xcept as stated that the audit immunity provision with respect to title V sources in Idaho. specifically provided,’’ but the of the Idaho environmental audit statute Second, the immunity is not available if exception to the immunity provision appeared to impermissibly interfere the person has committed ‘‘serious also states that ‘‘[a] person may, but is with the requirement that States have violations that constitute a pattern of not required, to enter into a voluntary authority to collect a penalty for each continuous or repeated violations of consent order with the environmental day of violation. Therefore, EPA environmental laws, regulations, permit regulatory agency to achieve proposed to require, as a condition of conditions, settlement agreements, compliance.’’ Idaho Code 9–809(5). This full approval, that Idaho eliminate the consent orders, and were due to provision suggests that the State may be audit immunity provision of Idaho Code separate and distinct events giving rise precluded from issuing a unilateral 9–809 or demonstrate to EPA’s to the violations within the three (3) order or seeking a court order requiring satisfaction that the provision does not year period prior to the date of the a source to correct a violation on a impermissibly interfere with the disclosure.’’ Idaho Code 9–809(6). These specified schedule, at least where the enforcement requirements of title V. restrictions do diminish the scope of the violation does not involve an imminent Since publishing the October 27, immunity to some extent. Nevertheless, hazard. 1995, proposal acting on Idaho’s title V the Idaho statute appears to bar program, EPA has reviewed the audit Second, Idaho Code 9–809(3) states prosecution of ‘‘knowing’’ violations of that ‘‘where audit evidence shows the immunity and audit privilege provisions title V requirements unless the source of Idaho’s audit immunity statute in noncompliance to be the failure to has previously and repeatedly violated obtain a permit or other governmental light of the April 5, 1996, guidance. the same requirements within the past After further consideration of the permission, appropriate efforts to three years. EPA believes, such a correct the noncompliance may be enforcement requirements of title V and restriction on criminal penalty authority the Idaho environmental audit statute in demonstrated by the submittal of a deprives the State of authority to light of this guidance, EPA believes that permit application or equivalent recover ‘‘appropriate’’ penalties for both the immunity and privilege document within a reasonable time.’’ A criminal conduct, as required by section provisions of the Idaho environmental source must generally demonstrate that 502(b)(5)(E) of the Act and 40 CFR audit statute deprive the State of Idaho it has achieved compliance within a 70.11(a)(3)(ii), 70.11(a)(3)(iii) and of adequate authority to enforce the reasonable period in order to 70.11(c). Moreover, the Idaho statute requirements of title V of the Clean Air demonstrate that an audit was voluntary would preclude the assessment of civil Act. Accordingly, EPA proposes that and thus a basis for seeking immunity. penalties for violations voluntarily Idaho be required to revise both the See Idaho Code 9–809(2)(c). It is disclosed in an environmental audit audit immunity and audit privilege unclear, however, whether Idaho Code provisions of its environmental audit even if the violations resulted in serious 9–809(3) was intended to allow a source statute or demonstrate to EPA’s harm or risk of harm to the public or the to continue the unlawful activity for satisfaction that these provisions do not environment or resulted in substantial which a permit was required (for impermissibly impair the enforcement economic benefit to the violator. Section example, construction of a new major authorities required for full title V 113(e) of the Clean Air Act requires EPA source without a permit) without being approval. or the court to consider these factors in subject to penalty or other enforcement assessing penalties. To the extent the action or whether it was merely 1. Audit Immunity Provision Idaho statute prevents consideration of intended to give the source immunity EPA continues to believe that the these factors, EPA believes that Idaho for its past activities of constructing Idaho immunity statute (Idaho Code 9– does not have adequate authority to without a permit. As noted above, EPA 809) impermissibly interferes with the assess appropriate penalties as required believes that the Idaho audit immunity enforcement requirements of title V and by section 502(b)(5)(E) of the Clean Air provision does not comport with the part 70. In addition, EPA has identified Act and 40 CFR 70.11(c). title V requirements for penalty additional ways in which the Idaho In addition to the impermissible authority to the extent it grants audit immunity provision appears restrictions on criminal and civil immunity for criminal violations and for problematic. The Idaho statute provides penalties, EPA also believes that the civil violations resulting in serious harm that any person who makes a voluntary Idaho immunity statute unduly or risk of harm or a substantial disclosure of an environmental audit interferes with the State’s authority to economic benefit. If Idaho Code 9– report identifying circumstances that issue emergency orders and seek 809(3) would also prevent the State may constitute a violation of State injunctive relief. Title V requires a State from issuing or seeking an order Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30573 enjoining the violation (for example, an environmental audit. Idaho Code 9– permits without adopting such order halting construction), EPA 806(2). Nonetheless, where an audit standards by reference, the section 112 believes that the Idaho law would also produces evidence of noncompliance, requirements for some part 70 sources impermissibly interfere with the the Idaho privilege would prevent the will take effect (or already have taken enforcement requirements of title V and State from reviewing that evidence to effect) prior to the issuance of their part part 70. In short, EPA believes that the determine whether the violation will be 70 permits. To obtain approval of the effect of Idaho’s audit immunity corrected and compliance assured. delegation of section 112 standards, provision on the requirements of 40 CFR Similarly, where an audit reveals Idaho must be able to implement and 70.11(a) (1) and (2) for emergency orders evidence of prior criminal conduct on enforce those standards upon approval and injunctive relief is unclear and must the part of managers and employees, and assure compliance by all sources be clarified by the State as a condition Idaho would be barred from obtaining within the State with each applicable of full approval. and using such information. As a result, regulation promulgated under section the State would be prevented from 112. EPA is therefore denying Idaho’s 2. Audit Privilege obtaining appropriate criminal request for automatic delegation as The part 70 regulations governing penalties. In these respects, EPA described by the State’s December 14, program approval do not specifically believes that the Idaho audit privilege 1995 letter. address the scope of privileges available set forth in Idaho Code 9–804 to –807 However, in IDAPA 16.01.107, Idaho in State enforcement actions. is so broad so as to deprive the State of has adopted by reference all Federal Nonetheless, EPA believes that where a its ability to obtain appropriate criminal standards contained in 40 CFR part 61 State adopts a very broad privilege law penalties and assure compliance, as and part 63 as in effect on April 1, 1994. specifically directed at evidence related required by section 502(b)(5)(E) of the In addition, Idaho has the authority to to environmental violations, that Clean Air Act and 40 CFR 70.11. implement and enforce those 112 privilege could go so far as to render the standards that it has adopted by overall State enforcement program C. Proposed Action on Section 112(l) reference. Therefore, if EPA grants inadequate even if other authorities are Submittal interim approval to Idaho’s operating nominally available (such as injunctive As stated above, the requirements for permits program, EPA proposes to relief and penalty authority). An title V approval, specified in 40 CFR interimly delegate the section 112 excessively broad privilege could so 70.4(b), encompass section 112(l)(5) standards contained in 40 CFR parts 61 interfere with the exercise of these requirements for approval of a State and 63 which were in effect on April 1, nominal enforcement authorities as to program for delegation of section 112 1994, and as those rules apply to part 70 render them meaningless by depriving standards as promulgated by EPA as sources. Those standards consist of 40 the State of the ability to gather they apply to part 70 sources. Section CFR part 61, subparts A through F, H evidence needed to establish a violation. 112(l)(5) requires that the State’s through R, V, W, Y, BB, and FF; and 40 The Idaho audit privilege (Idaho Code program contain adequate authorities, CFR part 63, subparts A, D, L, and M. 9–804 to –807) broadly prohibits the adequate resources for implementation, EPA would retain implementation and State from requiring a source to disclose and an expeditious compliance enforcement authority for these rules as an ‘‘environmental audit report,’’ thus schedule, which are also requirements they apply to non-part 70 sources. EPA depriving the State of potentially under part 70. On October 27, 1995, recommends that by the time of final important information for determining EPA proposed to grant interim approval interim approval of this submittal, Idaho whether a source is in violation, under Section 112(l)(5) of the Act and should adopt by reference 40 CFR part whether a violation was knowing and 40 CFR 63.91 of the State of Idaho’s 61 and 63 at least as in effect June 1, whether the source took prompt action program for receiving delegation of 112 1996, and continue to update its to correct the violation. The Idaho standards that are unchanged from incorporation by reference as the federal legislation does contain some Federal standards as promulgated but 112 standards are revised and new restrictions on the scope of this only as they apply to Part 70 sources, if Federal standards are issued. privilege. Importantly, the law makes EPA granted interim approval to Idaho’s In addition, EPA proposes to approve clear that ‘‘[d]ocuments, data and other operating permits program. the mechanism described in Section information which must be collected, By letter dated December 14, 1995, 5.1.2.b of the Subpart E Enabling developed and reported pursuant to Idaho also requested that EPA approve Guidance for those Federal standards federal and state law, rule and its use of the automatic delegation that Idaho adopts by reference regulation must be disclosed in mechanism for delegation of future unchanged, if EPA grants interim accordance with the applicable law, rule section 112 standards unchanged from approval to Idaho’s operating permits or regulation.’’ Idaho Code 9–805; See the Federal standards as described in program. Using this streamlined also Idaho Code 9–807. Because of the section 5.1.2.a of EPA’s ‘‘Interim approach, upon adoption of a recordkeeping, reporting and Enabling Guidance for the NESHAP(s) by reference, Idaho will compliance certification requirements of Implementation of 40 CFR Part 63’’, only need to send a letter of request to 40 CFR 70.6, which Idaho has adopted Subpart E, EPA–453/R–93–040, EPA. EPA would in turn respond to this as part of their title V program (see November 1993 (Subpart E Enabling request by sending a letter back to the IDAPA 16.01.01.322), the scope of the Guidance). After reviewing Idaho’s legal State delegating the appropriate audit privilege should be greatly authorities, EPA has determined that NESHAP(s) as requested. No further restricted with respect to title V sources Idaho does not meet the criteria set forth formal response from the State would be in Idaho. In addition, the audit privilege in the Subpart E Enabling Guidance to necessary at this point, and if a negative does not apply if an environmental receive automatic delegation of future response from the State is not received agency or a court, after in camera section 112 standards because it cannot within 10 days of this letter of review, determines that the immediately implement and enforce delegation from EPA, the delegation environmental audit privilege is future section 112 standards without would then become final. asserted for a fraudulent purpose or that additional rulemaking at the State level. Although EPA is proposing to the material sought to be withheld is not Although Idaho has the authority to delegate authority to Idaho to enforce an appropriate subject for an include Federal standards in part 70 the NESHAP regulations as they apply 30574 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules to part 70 sources, it is important to note obtain injunctive relief and otherwise assure B. Executive Order 12866 that EPA will retain oversight authority compliance. In the alternative, Idaho must demonstrate to EPA’s satisfaction that these The Office of Management and Budget for all sources subject to these federal has exempted this action from Executive CAA requirements. EPA has the required enforcement authorities are not impaired by Idaho’s environmental audit Order 12866 review. authority and responsibility to enforce statute. the Federal regulations in those C. Regulatory Flexibility Act situations where the State is unable to Also, if EPA grants interim approval Under the Regulatory Flexibility Act, do so or fails to do so. of Idaho’s operating permits program, in 5 U.S.C. § 600 et. seq., EPA must addition to approving the program III. Proposed Action and Implications prepare a regulatory flexibility analysis submitted by the State of Idaho for the assessing the impact of any proposed or EPA is reopening the public comment purpose of implementing and enforcing final rule on small entities. 5 U.S.C. on two conditions EPA proposed in the the hazardous air pollutant §§ 603 and 604. Alternatively, EPA may October 27, 1995, Federal Register requirements under section 112 of the certify that the rule will not have a notice (60 FR 54990) as conditions that Clean Air Act, EPA proposes to delegate significant impact on a substantial Idaho must meet to obtain full approval all federal NESHAPs adopted by the number of small entities. Small entities of its operating permits program. First, State, as they apply to part 70 sources include small businesses, small not-for- upon further reflection, EPA believes and to approve the streamlined profit enterprises, and government that IDAPA 16.01.01.335.05, which mechanism for delegation described in entities with jurisdiction over states that issuance of authorization to Section 5.1.2.b of the Subpart E populations of less than 50,000. operate under a general operating Enabling Guidance. EPA actions under section 502 of the permit is a final agency action for IV. Administrative Requirements Act do not create any new requirements, purposes of administrative and judicial but simply address operating permits review of the authorization, does not A. Request for Public Comments programs submitted to satisfy the conflict with the requirements of 40 EPA is requesting comments on the requirements of 40 CFR part 70. CFR 70.6(d)(2), but instead merely three issues addressed in this notice, NESHAP rule or program delegations requires more public participation than namely, (1) conditioning full approval approved under the authority of section required by part 70. If EPA takes final of the Idaho title V operating permits 112(l) of the Act also do not create any action on this proposal, condition ‘‘n. program on specified changes to Idaho’s new requirements, but simply confer General Permits’’ of Section II.B.2 of the regulations addressing general permits Federal authority for those requirements October 27, 1995 Federal Register (IDAPA 16.01.01.335); (2) conditioning that the State of Idaho is already notice (60 FR 54997) would be revised full approval of the Idaho title V imposing. Because this action does not to read as follows: operating permits program on specified impose any new requirements, it does n. General Permits changes to Idaho’s environmental audit not have a significant impact on a substantial number of small entities. Idaho must revise its regulations statute (Idaho Code title 9, chapter 8) or authorizing general permits to be consistent a satisfactory explanation of why the D. Unfunded Mandates Reform Act with 40 CFR 70.6(d), including provisions statute does not interfere with title V Under section 202 of the Unfunded requiring: (a) that if a permitting authority enforcement requirements; and (3) has issued a general permit, the authority Mandates Reform Act of 1995, signed EPA’s proposal to delegate all federal into law on March 22, 1995, EPA must must grant the conditions and terms of the NESHAPs adopted by the State, as they general permit to sources that qualify; (b) prepare a budgetary impact statement to specialized general permit applications meet apply to part 70 sources and to approve accompany any proposed or final rule the requirements of title V; and (c) that the the streamlined mechanism for that includes a Federal mandate that State may take enforcement action for delegation described in Section 5.1.2.b may result in estimated costs to State, operation without a permit if the source is of the Subpart E Enabling Guidance. All local, or tribal governments in the later determined not to qualify for the other aspects of EPA’s October 27, 1996 aggregate; or to the private sector, of conditions and terms of the general permit. Federal Register notice (60 FR 54990), $100 million or more. Under section Second, EPA believes that Idaho’s including all other conditions on 205, EPA must select the most cost- environmental audit privilege, as well interim and full approval of Idaho’s effective and least burdensome as Idaho’s environmental audit operating permits program, remain alternative that achieves the objectives immunity provision, interfere with the unchanged by this reproposal and are of the rule and is consistent with enforcement requirements of title V and no longer open for public comment. statutory requirements. Section 203 part 70 and must be revised or Copies of the State’s submittal and other requires EPA to establish a plan for otherwise shown to be consistent with information relied upon for this informing and advising any small title V and part 70 requirements. If EPA proposed action and notice are governments that may be significantly takes final action on this proposal, contained in a docket maintained at the or uniquely impacted by the rule. condition ‘‘aa. Environmental Audit EPA Regional Office. The docket is an EPA has determined that the Statute’’ of Section II.B.2 of the October organized and complete file of all the proposed approval action promulgated 27, 1995 Federal Register notice (60 FR information submitted to, or otherwise today does not include a federal 54997) would be revised to read as considered by, EPA in the development mandate that may result in estimated follows: of this proposed action. The principal costs of $100 million or more to either purposes of the docket are: State, local, or tribal governments in the aa. Environmental Audit Statute (1) to allow interested parties a means aggregate, or to the private sector. This Idaho must revise both the immunity and to identify and locate documents so that Federal action approves pre-existing audit provisions of the Idaho environmental they can effectively participate in the requirements under State or local, and audit statute, Idaho Code title 9, chapter 8, to ensure that it does not interfere with the approval process, and imposes no new federal requirements. requirements of section 502(b)(E)(5) of the (2) to serve as the record in case of Accordingly, no additional costs to Clean Air Act and 40 CFR 70.11 for adequate judicial review. State, local, or tribal governments, or to authority to pursue appropriate criminal and The EPA will consider any comments the private sector, result from this civil penalties, issue emergency orders, received by July 17, 1996. action. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30575

List of Subjects in 40 CFR Part 70 FOR FURTHER INFORMATION CONTACT: priorities among the known or Environmental protection, Terry Keidan, State and Site threatened releases of hazardous Administrative practice and procedure, Identification Center, Office of substances, pollutants, or contaminants Air pollution control, Intergovernmental Emergency and Remedial Response throughout the United States. That list, relations, Operating permits, Reporting (Mail Code 5204G), U.S. Environmental which is appendix B of 40 CFR part 300, is the National Priorities List (‘‘NPL’’). and recordkeeping requirements, Protection Agency, 401 M Street, SW., CERCLA section 105(a)(8)(B) defines Hazardous substances. Washington, DC 20460, or the Superfund Hotline, Phone (800) 424– the NPL as a list of ‘‘releases’’ and as a Authority: 42 U.S.C. 7401–7671q. 9346 or (703) 412–9810 in the list of the highest priority ‘‘facilities.’’ Dated: June 6, 1996. Washington, DC, metropolitan area. CERCLA section 105(a)(8)(B) also Phil Millam, SUPPLEMENTARY INFORMATION: requires that the NPL be revised at least Acting Regional Administrator. annually. A site may undergo remedial I. Introduction [FR Doc. 96–15281 Filed 6–14–96; 8:45 am] action financed by the Trust Fund II. Contents of This Proposed Rule established under CERCLA (commonly BILLING CODE 6560±50±P III. Executive Order 12866 IV. Unfunded Mandates referred to as the ‘‘Superfund’’) only V. Governors’ Concurrence after it is placed on the NPL, as 40 CFR Part 300 VI. Effect on Small Businesses provided in the NCP at 40 CFR 300.425(b)(1). However, under 40 CFR [FRL±5520±3] I. Introduction 300.425(b)(2) placing a site on the NPL ‘‘does not imply that monies will be National Priorities List for Uncontrolled Background expended.’’ EPA may pursue other Hazardous Waste Sites, Proposed Rule In 1980, Congress enacted the appropriate authorities to remedy the No. 20 Comprehensive Environmental releases, including enforcement action Response, Compensation, and Liability AGENCY: Environmental Protection under CERCLA and other laws. Further, Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or the NPL is only of limited significance, Agency. ‘‘the Act’’), in response to the dangers of ACTION: Proposed rule. as it does not assign liability to any uncontrolled hazardous waste sites. party or to the owner of any specific CERCLA was amended on October 17, SUMMARY: The Comprehensive property. See Report of the Senate 1986, by the Superfund Amendments Environmental Response, Committee on Environment and Public and Reauthorization Act (‘‘SARA’’), Compensation, and Liability Act of 1980 Works, Senate Rep. No. 96–848, 96th Pub. L. 99–499, stat. 1613 et seq. To (‘‘CERCLA’’ or ‘‘the Act’’), as amended, Cong., 2d Sess. 60 (1980), quoted above implement CERCLA, EPA promulgated requires that the National Oil and and at 48 FR 40659 (September 8, 1983). the revised National Oil and Hazardous Hazardous Substances Pollution Three mechanisms for placing sites on Substances Pollution Contingency Plan Contingency Plan (‘‘NCP’’) include a list the NPL for possible remedial action are (‘‘NCP’’), 40 CFR part 300, on July 16, of national priorities among the known included in the NCP at 40 CFR 1982 (47 FR 31180), pursuant to releases or threatened releases of 300.425(c). Under 40 CFR 300.425(c)(1), CERCLA section 105 and Executive hazardous substances, pollutants, or a site may be included on the NPL if it Order 12316 (46 FR 42237, August 20, contaminants throughout the United scores sufficiently high on the Hazard 1981). The NCP sets forth the guidelines States. The National Priorities List Ranking System (‘‘HRS’’), which EPA and procedures needed to respond (‘‘NPL’’) constitutes this list. promulgated as appendix A of 40 CFR under CERCLA to releases and This rule proposes to add 15 new sites part 300. On December 14, 1990 (55 FR threatened releases of hazardous to the NPL, 13 to the General Superfund 51532), EPA promulgated revisions to substances, pollutants, or contaminants. Section and 2 to the Federal Facilities the HRS partly in response to CERCLA EPA has revised the NCP on several Section. The NPL is intended primarily section 105(c), added by SARA. The occasions. The most recent to guide the Environmental Protection revised HRS evaluates four pathways: comprehensive revision was on March Agency (‘‘EPA’’ or ‘‘the Agency’’) in Ground water, surface water, soil 8, 1990 (55 FR 8666). determining which sites warrant further exposure, and air. The HRS serves as a Section 105(a)(8)(A) of CERCLA investigation to assess the nature and screening device to evaluate the relative requires that the NCP include ‘‘criteria extent of public health and potential of uncontrolled hazardous for determining priorities among environmental risks associated with the substances to pose a threat to human releases or threatened releases site and to determine what CERCLA- health or the environment. As a matter throughout the United States for the financed remedial action(s), if any, may of Agency policy, those sites that score purpose of taking remedial action * ** be appropriate. 28.50 or greater on the HRS are eligible and, to the extent practicable taking into for the NPL. DATES: Comments must be submitted on account the potential urgency of such Under a second mechanism for or before August 16, 1996. action, for the purpose of taking removal adding sites to the NPL, each State may ADDRESSES: Mail original and three action.’’ ‘‘Removal’’ actions are defined designate a single site as its top priority, copies of comments (no facsimiles or broadly and include a wide range of regardless of the HRS score. This tapes) to Docket Coordinator, actions taken to study, clean up, prevent mechanism, provided by the NCP at 40 Headquarters, U.S. EPA, CERCLA or otherwise address releases and CFR 300.425(c)(2), requires that, to the Docket Office, (Mail Code 5201G); 401 threatened releases. 42 U.S.C. 9601(23). extent practicable, the NPL include M Street, SW., Washington, DC 20460, ‘‘Remedial actions’’ are those within the 100 highest priorities, one 703/603–8917. Please note this is the ‘‘consistent with permanent remedy, facility designated by each State mailing address only. If you wish to taken instead of or in addition to representing the greatest danger to visit the HQ Docket to view documents, removal actions. * * *’’ 42 U.S.C public health, welfare, or the and for additional Docket addresses and 9601(24). environment among known facilities in further details on their contents, see Pursuant to section 105(a)(8)(B) of the State. Section I of the SUPPLEMENTARY CERCLA, as amended by SARA, EPA The third mechanism for listing, INFORMATION portion of this preamble. has promulgated a list of national included in the NCP at 40 CFR 30576 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

300.425(c)(3), allows certain sites to be When a site is listed, it is necessary describe the boundaries of a release listed regardless of their HRS score, if to define the release (or releases) with absolute certainty. all of the following conditions are met: encompassed within the listing. The Further, as noted above, NPL listing • The Agency for Toxic Substances and approach generally used is to delineate does not assign liability to any party or Disease Registry (ATSDR) of the U.S. Public a geographical area (usually the area to the owner of any specific property. Health Service has issued a health advisory within the installation or plant Thus, if a party does not believe it is that recommends dissociation of individuals boundaries) and define the site by liable for releases on discrete parcels of from the release. reference to that area. As a legal matter, property, supporting information can be • EPA determines that the release poses a the site is not coextensive with that submitted to the Agency at any time significant threat to public health. • area, and the boundaries of the after a party receives notice it is a EPA anticipates that it will be more cost- installation or plant are not the potentially responsible party. effective to use its remedial authority ‘‘boundaries’’ of the site. Rather, the site (available only at NPL sites) than to use its For these reasons, the NPL need not removal authority to respond to the release. consists of all contaminated areas be amended if further research into the within the area used to define the site, extent of the contamination expands the EPA promulgated an original NPL of and any other location to which apparent boundaries of the release. 406 sites on September 8, 1983 (48 FR contamination from that area has come 40658). The NPL has been expanded to be located. Deletions/Cleanups since then, most recently on September While geographic terms are often used EPA may delete sites from the NPL 29, 1995 (60 FR 50435). to designate the site (e.g., the ‘‘Jones Co. where no further response is The NPL includes two sections, one of plant site’’) in terms of the property appropriate under Superfund, as sites that are evaluated and cleaned up owned by the particular party, the site explained in the NCP at 40 CFR by EPA (the ‘‘General Superfund properly understood is not limited to 300.425(e). This section also provides Section’’), and one of sites being that property (e.g., it may extend beyond that EPA shall consult with states on addressed generally by other Federal the property due to contaminant proposed deletions and shall consider agencies (the ‘‘Federal Facilities migration), and conversely may not whether the following criteria have been Section’’). Under Executive Order 12580 occupy the full extent of the property met: (52 FR 2923, January 29, 1987) and (e.g., where there are uncontaminated (i) Responsible parties or other CERCLA section 120, each Federal parts of the identified property, they persons have implemented all agency is responsible for carrying out may not be, strictly speaking, part of the appropriate response actions required; most response actions at facilities under ‘‘site’’). The ‘‘site’’ is thus neither equal (ii) All appropriate Superfund- its own jurisdiction, custody, or control, to nor confined by the boundaries of any financed response has been although EPA is responsible for specific property that may give the site implemented and no further response preparing an HRS score and its name, and the name itself should not action is required; determining whether the facility is be read to imply that this site is (iii) The remedial investigation has placed on the NPL. EPA is not the lead coextensive with the entire area within shown the release poses no significant agency at these sites, and its role at such the property boundary of the facility or threat to public health or the sites is accordingly less extensive than plant. The precise nature and extent of environment, and taking of remedial at other sites. The Federal Facilities the site are typically not known at the measures is not appropriate. Section includes facilities at which EPA time of listing. Also, the site name is To date, the Agency has deleted 108 is not the lead agency. merely used to help identify the sites from the final NPL. geographic location of the Site Boundaries EPA also has developed an NPL contamination. For example, the ‘‘Jones construction completion list (‘‘CCL’’) to The NPL does not describe releases in Co. plant site,’’ does not imply that the simplify its system of categorizing sites precise geographical terms; it would be Jones company is responsible for the and to better communicate the neither feasible nor consistent with the contamination located on the plant site. limited purpose of the NPL (as the mere EPA regulations provide that the successful completion of cleanup identification of releases), for it to do so. ‘‘nature and extent of the threat activities (58 FR 12142, March 2, 1993). CERCLA section 105(a)(8)(B) directs presented by a release’’ will be Sites qualify for the CCL when: EPA to list national priorities among the determined by a Remedial Investigation/ (1) Any necessary physical known ‘‘releases or threatened Feasibility Study (RI/FS) as more construction is complete, whether or not releases.’’ Thus, the purpose of the NPL information is developed on site final cleanup levels or other is merely to identify releases that are contamination (40 CFR 300.430(d)). requirements have been achieved; priorities for further evaluation. During the RI/FS process, the release (2) EPA has determined that the Although a CERCLA ‘‘facility’’ is may be found to be larger or smaller response action should be limited to broadly defined to include any area than was originally thought, as more is measures that do not involve where a hazardous substance release has learned about the source and the construction (e.g., institutional ‘‘come to be located’’ (CERCLA section migration of the contamination. controls); or 101(9)), the listing process itself is not However, this inquiry focuses on an (3) The site qualifies for deletion from intended to define or reflect the evaluation of the threat posed; the the NPL. boundaries of such facilities or releases. boundaries of the release need not be Inclusion of a site on the CCL has no Of course, HRS data upon which the exactly defined. Moreover, it generally legal significance. NPL placement was based will, to some is impossible to discover the full extent In addition to the 102 sites that have extent, describe which release is at of where the contamination ‘‘has come been deleted from the NPL because they issue. That is, the NPL site would to be located’’ before all necessary have been cleaned up (6 sites have been include all releases evaluated as part of studies and remedial work are deleted based on deferral to other that HRS analysis (including completed at a site. Indeed, the authorities and are not considered noncontiguous releases evaluated under boundaries of the contamination can be cleaned up), an additional 251 sites are the NPL aggregation policy, described at expected to change over time. Thus, in also on the NPL CCL. Thus, as of June 48 FR 40663 (September 8, 1983)). most cases, it may be impossible to 1996, the CCL consists of 353 sites. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30577

Public Comment Period referenced in the Documentation In certain instances, interested parties The documents that form the basis for Record. have written to EPA concerning sites EPA’s evaluation and scoring of sites in The Headquarters docket also which were not at that time proposed to this rule are contained in dockets contains an ‘‘Additional Information’’ the NPL. If those sites are later proposed located both at EPA Headquarters and in document which provides a general to the NPL, parties should review their the appropriate Regional offices. The discussion of the statutory requirements earlier concerns and, if still appropriate, dockets are available for viewing, by affecting NPL listing, the purpose and resubmit those concerns for appointment only, after the appearance implementation of the NPL, and the consideration during the formal of this rule. The hours of operation for economic impacts of NPL listing. comment period. Site-specific the Headquarters docket are from 9 a.m. Each Regional docket for this rule correspondence received prior to the period of formal proposal and comment to 4 p.m., Monday through Friday contains all of the information in the will not generally be included in the excluding Federal holidays. Please Headquarters docket for sites in that docket. contact individual Regional dockets for Region, plus the actual reference hours. documents containing the data Contents of This Proposed Rule principally relied upon and cited by Docket Coordinator, Headquarters, U.S. Table 1 identifies the 13 sites in the EPA CERCLA Docket Office, (Mail EPA in calculating or evaluating the HRS scores for sites in that Region. General Superfund Section being Code 5201G), Crystal Gateway #1, 1st proposed to the NPL in this rule. Table Floor, 1235 Jefferson Davis Highway, These reference documents are available only in the Regional dockets. Interested 2 identifies the 2 sites in the Federal Arlington, VA 22202, 703/603–8917. Facilities Section being proposed to the (Please note this is visiting address parties may view documents, by appointment only, in the Headquarters NPL in this rule. These tables follow only. Mail comments to address listed this preamble. All sites are proposed in ‘‘Addresses’’ section above.) or the appropriate Regional docket or copies may be requested from the based on HRS scores of 28.50 or above. Jim Kyed, Region 1, U.S. EPA Waste The sites in Table 1 and Table 2 are Management Records Center, HRC– Headquarters or appropriate Regional docket. An informal written request, listed alphabetically by State, for ease of CAN–7, J.F. Kennedy Federal identification, with group number Building, Boston, MA 02203–2211, rather than a formal request under the Freedom of Information Act, should be identified to provide an indication of 617/573–9656. relative ranking. To determine group Ben Conetta, Region 2, U.S. EPA, 290 the ordinary procedure for obtaining copies of any of these documents. number, sites on the NPL are placed in Broadway, New York, NY 10007– groups of 50; for example, a site in EPA considers all comments received 1866, 212/637–4435. Group 4 of this proposal has a score that during the comment period. During the Diane McCreary, Region 3, U.S. EPA falls within the range of scores covered comment period, comments are placed Library, 3rd Floor, 841 Chestnut by the fourth group of 50 sites on the in the Headquarters docket and are Building, 9th & Chestnut Streets, NPL. Philadelphia, PA 19107, 215/566– available to the public on an ‘‘as This action along with a final rule 5250. received’’ basis. A complete set of published elsewhere in today’s Federal Kathy Piselli, Region 4, U.S. EPA, 345 comments will be available for viewing Register, results in an NPL of 1,227 Courtland Street, NE., Atlanta, GA in the Regional docket approximately sites, 1,073 in the General Superfund 30365, 404/347–4216. one week after the formal comment Section and 154 in the Federal Facilities Cathy Freeman, Region 5, U.S. EPA, period closes. Comments received after Section. An additional 52 sites are now Records Center, Waste Management the comment period closes will be proposed and are awaiting final agency Division 7–J, Metcalfe Federal available in the Headquarters docket action, 47 in the General Superfund Building, 77 West Jackson Boulevard, and in the Regional docket on an ‘‘as Section and 5 in the Federal Facilities Chicago, IL 60604, 312/886–6214. received’’ basis. Comments that include Section. Final and proposed sites now Bart Canellas, Region 6, U.S. EPA, 1445 complex or voluminous reports, or total 1,279. Ross Avenue, Mail Code 6H–MA, materials prepared for purposes other Dallas, TX 75202–2733, 214/655– than HRS scoring, should point out the III. Executive Order 12866 6740. specific information that EPA should The Office of Management and Budget Carole Long, Region 7, U.S. EPA, 726 consider and how it affects individual (OMB) has exempted this regulatory Minnesota Avenue, Kansas City, KS HRS factor values. See Northside action from Executive Order 12866 66101, 913/551–7224. Sanitary Landfill v. Thomas, 849 F.2d review. Bob Heise, Region 8, U.S. EPA, 999 18th 1516 (D.C. Cir. 1988). EPA will make Street, Suite 500, Denver, CO 80202– final listing decisions after considering IV. Unfunded Mandates 2466, 303/312–6831. the relevant comments received during Title II of the Unfunded Mandates Carolyn Douglas, Region 9, U.S. EPA, 75 the comment period. Reform Act of 1995 (UMRA), Pub. L. Hawthorne Street, San Francisco, CA In past rules, EPA has attempted to 104–4, establishes requirements for 94105, 415/744–2343. respond to late comments, or when that Federal agencies to assess the effects of David Bennett, Region 10, U.S. EPA, was not practicable, to read all late their regulatory actions on State, local, 11th Floor, 1200 6th Avenue, Mail comments and address those that and tribal governments and the private Stop HW–114, Seattle, WA 98101, brought to the Agency’s attention a sector. Under section 202 of the UMRA, 206/553–2103. fundamental error in the scoring of a EPA generally must prepare a written The Headquarters docket for this rule site. Although EPA intends to pursue statement, including a cost-benefit contains HRS score sheets for each the same policy with sites in this rule, analysis, for proposed and final rules proposed site; a Documentation Record EPA can guarantee that it will consider with ‘‘Federal mandates’’ that may for each site describing the information only those comments postmarked by the result in expenditures to State, local, used to compute the score; information close of the formal comment period. and tribal governments, in the aggregate, for any site affected by particular EPA has a policy of not delaying a final or to the private sector, of $100 million statutory requirements or EPA listing listing decision solely to accommodate or more in any one year. When a written policies; and a list of documents consideration of late comments. statement is needed for an EPA rule, 30578 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules section 205 of the UMRA generally site responses result from site-by-site regulatory change since it does not requires EPA to identify and consider a decisions about what actions to take, not automatically impose costs. As stated reasonable number of regulatory directly from the act of listing itself. above, adding sites to the NPL does not alternatives and adopt the least costly, Therefore, today’s rulemaking is not in itself require any action by any party, most cost-effective or least burdensome subject to the requirements of sections nor does it determine the liability of any alternative that achieves the objectives 202, 203 or 205 of the Unfunded party for the cost of cleanup at the site. of the rule. The provisions of section Mandates Reform Act. Further, no identifiable groups are 205 do not apply when they are V. Governor’s Concurrence affected as a whole. As a consequence, inconsistent with applicable law. impacts on any group are hard to Moreover, section 205 allows EPA to On May 2, 1996, Congress enacted the predict. A site’s inclusion on the NPL adopt an alternative other than the least Omnibus Consolidated Rescissions and could increase the likelihood of adverse costly, most cost-effective or least Appropriations Act of 1996 Public Law impacts on responsible parties (in the (Pub. L.) 104–134, which established burdensome alternative if the form of cleanup costs), but at this time federal government spending limitations Administrator publishes with the final EPA cannot identify the potentially for the fiscal year ending September 30, rule an explanation why that alternative affected businesses or estimate the 1996. Pub. L. 104–134 provides that was not adopted. Before EPA establishes number of small businesses that might EPA may not use funds made available any regulatory requirements that may also be affected. significantly or uniquely affect small for fiscal year 1996 ‘‘to propose for governments, including tribal listing or to list any additional facilities The Agency does expect that placing governments, it must have developed on the National Priorities List * ** the sites in this proposed rule on the under section 203 of the UMRA a small unless the Administrator receives a NPL could significantly affect certain government agency plan. The plan must written request to propose for listing or industries, or firms within industries, provide for notifying potentially to list a facility from the Governor of the that have caused a proportionately high affected small governments, giving them State in which the facility is located. percentage of waste site problems. meaningful and timely input in the ** *’’ EPA has received letters from However, EPA does not expect the development of EPA regulatory the appropriate governors requesting listing of these sites to have a significant proposals with significant Federal that the Agency list on the NPL all the economic impact on a substantial intergovernmental mandates, and facilities in this rule with one exception. number of small businesses. informing, educating, and advising EPA received a letter for the Del Amo In any case, economic impacts would small governments on compliance with site from the State environmental occur only through enforcement and the regulatory requirements. agency with prior verbal agreement from cost-recovery actions, which EPA takes Today’s rule contains no Federal the Governor of California. These letters at its discretion on a site-by-site basis. mandates (within the meaning of Title are available in the docket for this EPA considers many factors when II of the UMRA) for State, local, or tribal rulemaking. determining enforcement actions, governments or the private sector. Nor including not only a firm’s contribution does it contain any regulatory VI. Effect on Small Businesses to the problem, but also its ability to requirements that might significantly or The Regulatory Flexibility Act of 1980 pay. The impacts (from cost recovery) uniquely affect small governments. This requires EPA to review the impacts of on small governments and nonprofit is because today’s listing decision does this action on small entities, or certify organizations would be determined on a not impose any enforceable duties upon that the action will not have a similar case-by-case basis. any of these governmental entities or the significant impact on a substantial private sector. Inclusion of a site on the number of small entities. By small For the foregoing reasons, I hereby NPL does not itself impose any costs. It entities, the Act refers to small certify that this proposed rule, if does not establish that EPA necessarily businesses, small government promulgated, will not have a significant will undertake remedial action, nor does jurisdictions, and nonprofit economic impact on a substantial it require any action by a private party organizations. number of small entities. Therefore, this or determine its liability for site While this rule proposes to revise the proposed regulation does not require a response costs. Costs that arise out of NPL, an NPL revision is not a typical regulatory flexibility analysis.

NATIONAL PRIORITIES LIST PROPOSED RULE #20, GENERAL SUPERFUND SECTION [Number of Sites Proposed to General Superfund Section: 13]

State Site name City/County NPL Gr 1

CA ..... Del Amo ...... Los Angeles ...... 22 FL ...... MRI Corp (Tampa) ...... Tampa ...... 16 FL ...... Stauffer Chemical Co (Tampa) ...... Tampa ...... 1 IL ...... Circle Smelting Corp ...... Beckemeyer ...... 1 IL ...... Sauget Area 1 ...... Sauget ...... 1 LA ..... Madisonville Creosote Works ...... Madisonville ...... 7 MD .... Central Chemical (Hagerstown) ...... Hagerstown ...... 5/6 NH ..... Beede Waste Oil ...... Plaistow ...... 1 NY ..... Cross County Sanitation Landfill ...... Patterson ...... 5/6 PR ..... V&M/Albaladejo ...... Vega Baja ...... 5/6 SC ..... Shuron Inc ...... Barnwell ...... 1 TX ..... Tex-Tin Corp ...... Texas City ...... 5/6 WV .... Sharon Steel Corp (Fairmont Coke Works) ...... Fairmont ...... 2 1 Sites are placed in groups (Gr) corresponding to groups of 50 on the final NPL. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30579

NATIONAL PRIORITIES LIST PROPOSED RULE #20, FEDERAL FACILITIES SECTION [Number of Sites Proposed to Federal Facility Section: 2]

State Site name City/County NPL Gr 1

FL ...... Tyndall Air Force Base ...... Panama City ...... 5/6 VA ..... Sewells Point Naval Complex ...... Norfolk ...... 5/6 1 Sites are placed in groups (Gr) corresponding to groups of 50 on the final NPL.

List of Subjects in 40 CFR Part 300 insufficient to meet the stated spectrum concerning the geographic restrictions Air pollution control, Chemicals, requirements for the North American on the domestic use of Inmarsat-based Environmental Protection, Hazardous coverage area for American Mobile aeronautical satellite services adopted materials, Intergovernmental relations, Satellite Corporation, Inmarsat and in Aeronautical Services Order II, 54 FR Natural resources, Oil pollution, three other countries developing MSS 33224 (August 14, 1989). The Reporting and recordkeeping systems—Canada, Mexico and Russia. Commission identified three possible requirements, Superfund, Waste In the future, the Commission may models for geographic limitations: (1) treatment and disposal, Water pollution permit entry by Inmarsat into the U.S. Decline to authorize Inmarsat domestic aeronautical market—but not control, Water supply. aeronautical services in U.S. airspace; until the U.S. has ensured sufficient (2) Authorize Inmarsat aeronautical Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. spectrum for domestic needs without services in the U.S. for aircraft in 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, interference to communications links. international flight up to the first port of 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, The intended effect of this proceeding is entry and from the last port of departure 3 CFR, 1987 Comp., p. 193. to establish the manner in which from the U.S.; and (3) Authorize Dated: June 6, 1996. Inmarsat aeronautical services will be Inmarsat aeronautical services in the Elliott P. Laws, available in the U.S. consistent with U.S. for all international flights Assistant Administrator, Office of Solid Waste competition policies and spectrum including the domestic legs of and Emergency Response. availability. international flights. Analysis and [FR Doc. 96–15033 Filed 6–14–96; 8:45 am] DATES: Comments are due July 17, 1996; comment should consider the reliability BILLING CODE 6560±50±P reply comments are due August 16, and quality of communications and the 1996. Commission’s desire to promote ADDRESSES: Federal Communications competition. Furthermore, in order to FEDERAL COMMUNICATIONS Commission, Washington, D.C. 20554. ensure continuity of service the COMMISSION FOR FURTHER INFORMATION CONTACT: Olga Commission granted those parties Madruga-Forti, International Bureau, already authorized to provide Inmarsat 47 CFR Chapter I Satellite and Radiocommunication aeronautical mobile satellite service to [CC Docket No. 87±75; FCC 96±161] Division, Satellite Policy Branch, (202) aircraft in international flight special 418–0766. temporary authority to provide service to aircraft in domestic flight. Provision of Aeronautical Services via SUPPLEMENTARY INFORMATION: This is a the Inmarsat System summary of the Commission’s Further II. Background AGENCY: Federal Communications Notice of Proposed Rule Making in CC In 1987, the Commission initiated a Commission. Docket 87–75, Provision of Aeronautical rulemaking to determine how Services via the Inmarsat System, ACTION: Proposed rule. aeronautical mobile satellite service Commission 96–161, adopted April 9, (‘‘AMSS’’) via Inmarsat would be SUMMARY: The Commission adopted 1996, released May 9, 1996. The provided in the United States. In restrictions on use of the Inmarsat Commission is considering adopting Aeronautical Services Order II, the system for aeronautical services in the geographical restriction to Inmarsat Commission authorized COMSAT to U.S. in Aeronautical Services Order II. aeronautical services similar to those provide Inmarsat aeronautical services In a Further Notice of Proposed Rule established in Aeronautical Services to United States aeronautical earth Making (FNPRM), the Commission is Order II, 54 FR 33224 (August 14, 1989). stations for aircraft in flight: (1) from the examining the prior restrictions and The complete text of this FNPRM is United States to a foreign point; (2) from seeking comment on alternative available for inspection and copying a foreign point into the United States; arrangements. In the FNPRM the during normal business hours in the and (3) between any two foreign points. Commission proposed to establish the Commission Reference Center, 1919 M The Commission also specified that scope of permissible uses of Inmarsat Street, N.W., Washington, D.C., and also aircraft in flight between two U.S. aeronautical services in the United may be purchased from the domestic points may use only the States. The Commission has generally Commission’s copy contractor, domestic mobile satellite system for promoted competition in satellite International Transcription Service, satellite communications to the extent communications in both the (202) 857–3800, 2100 M Street, N.W., the coverage area of that system permits. international and U.S. domestic Suite 140, Washington, DC 20037. 3. We have generally promoted markets. Due to spectrum availability Summary of Notice of Proposed competition in satellite communications constraints in the L-band it was Rulemaking in both the international and U.S. necessary to propose limits on the use domestic markets. The circumstances of Inmarsat aeronautical services in the I. Introduction presented here pose certain limitations United States. The spectrum in which In this Further Notice of Proposed on the extent to which we can achieve mobile satellite services (MSS) will Rulemaking, the Commission initiated a a fully competitive U.S. market for MSS operate is limited and appears further notice of proposed rulemaking systems in the L-band. The spectrum in 30580 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules which the MSS systems will operate is 5. We do not propose to adopt a submit detailed comments addressing limited and appears insufficient to meet policy that takes into account the this issue. We seek comment on our the stated spectrum requirements for the economic impact on the AMSC system tentative conclusion and on defining the North American coverage area for of Inmarsat entry into the U.S. scope of Inmarsat aeronautical service. AMSC, Inmarsat and three other aeronautical service market. AMSC 7. Initially, we identify three possible countries developing MSS systems— already faces competition from other models for establishing geographic Canada, Mexico, and Russia. In seven U.S. satellite systems such as limitations: years of negotiations, the five systems Qualcomm’s OmniTracs service and 1. Decline to authorize the use of have been unable to successfully Orbcomm’s land mobile and maritime Inmarsat aeronautical services in U.S. complete coordination to operate the services. It will eventually face airspace. same frequencies on a co-coverage basis competition from low earth orbit (LEO) 2. Authorize the use of Inmarsat in North America and the surrounding systems recently authorized by the aeronautical services, both safety and geographical area. The five systems are Commission.2 There does not appear to APC, via U.S. earth stations for aircraft vying for access to 33 MHz of spectrum be any reason to single out Inmarsat’s in international flight: (a) from the in each direction but have claimed economic impact on the AMSC system. United States to a foreign point; and (b) requirements for significantly more than Moreover, Inmarsat does not consider from a foreign point into the United that amount. Moreover, this problem is economic impact in evaluating the States. complicated because the current designs provision of aeronautical and land 3. Authorize the use of Inmarsat of the MSS systems do not permit mobile services by non-Inmarsat aeronautical services, both safety and sharing frequencies in the same satellite systems, and no longer APC, via U.S. earth stations for aircraft geographic area or adjacent areas. considers it for competing maritime in international flight: (a) from the Inmarsat claims a need for exclusive use services.3 The United States has been in United States to a foreign point; (b) from of considerable spectrum over the the forefront of the effort to ensure that a foreign point into the United States; continental United States (CONUS) for Inmarsat does not use economic impact and (c) on domestic legs of international its maritime and other services. analysis to prevent or discourage flights. However, AMSC likely will have to use competition in the provision of 8. We seek comment on the noncontiguous spectrum segments and international satellite services. definitions of the scope of service share some of these segments with other 6. Accordingly, in this FNPRM, we proposed in this FNPRM and we invite MSS systems. We have two specific seek comment on the circumstances in additional or alternative proposals. We concerns about permitting Inmarsat to which we should permit the use of believe that this approach is necessary provide aeronautical services in the Inmarsat aeronautical satellite services to ensure the development of a United United States under these in the United States. We tentatively States domestic MSS-AMSS(R) system circumstances: (1) Inmarsat may claim conclude that due to spectrum that has sufficient reliable spectrum to additional spectrum needs over CONUS availability constraints, we must limit meet the needs of the public, including in order to provide this service; and (2) the scope of Inmarsat aeronautical safety needs. We propose to adopt one AMSC may receive technical services in the United States pending of the definitions of the scope of interference from proximate Inmarsat completion of current negotiations. We Inmarsat aeronautical services discussed channels and not be able to operate on believe that this approach will ensure above as reasonable to fulfill this those channels assigned to it. that the available spectrum is adequate objective. 4. We want competition in the U.S. to serve the United States public interest Initial Regulatory Flexibility Act market, but the first step is to ensure in the provision of aeronautical satellite Analysis sufficient spectrum for the U.S. services. We specifically request parties domestic MSS system to become an disputing our spectrum analysis to 9. Pursuant to Section 603 of the effective competitor. This will require Regulatory Flexibility Act, the successful completion of the current States, Commission 96–210, adopted May 9, l996, Commission has prepared the following coordination process. Any policy that released May 14, l996. Inmarsat could only enter initial regulatory flexibility analysis the domestic aeronautical MSS market in (‘‘IRFA’’) of the expected impact of we propose here for aeronautical accordance with the rules and policies adopted in services must not exacerbate this this rulemaking as well as any rules or policies that these proposed policies and rules on situation or complicate ongoing may be adopted in the broader proceeding. We also small entities. Written public comments defer consideration of NTIA’s request in its negotiations. Therefore, we propose an are requested on the IRFA. These comments for initiation of a Further NPRM on the comments must be filed in accordance approach similar to that in our l989 issue of direct access to Inmarsat by multiple Aeronautical Services Order II. That is, providers. This direct access issue is a part of a with the same filing deadlines as we propose that Inmarsat continue to broader review of U.S. satellite policy by relevant comments on the rest of the Further agencies. NPRM, but they must have a separate provide primarily international AMSS 2 See e.g., Motorola Satellite Communications, and distinct heading designating them to the United States. We may, at a future Inc. Order and Authorization, 10 F.C.C. Rcd. 2268 date, permit entry by Inmarsat into the (International Bureau, released January 31, l995); as responses to the regulatory flexibility Loral/Qualcomm Partnership, L.P., 10 F.C.C. Rcd. analysis. The Secretary shall cause a U.S. domestic aeronautical market—but, 2333 (International Bureau, released January 31, we will not propose to do so until we copy of the FNPRM, including the l995); TRW, Inc. Order and Authorization, 10 F.C.C. initial regulatory flexibility analysis, to have successfully coordinated sufficient Rcd. 2263 (International Bureau, released January spectrum for the U.S. licensed domestic 31, l995). be sent to the Chief Counsel for 3 MSS system.1 Article 8 of the Inmarsat Convention provides, Advocacy of the Small Business in general, that in order to ensure technical Administration in accordance with compatibility and avoid economic harm to the 1 The circumstances under which Inmarsat may Inmarsat system, a Party shall notify Inmarsat Section 603(a) of the Regulatory offer domestic services within the U.S. are also a before the Party uses separate space segment Flexibility Act, Public Law No. 96–354, subject under consideration in a notice of proposed facilities for maritime purposes. The Ninth 94 Stat. 1164, 5 U.S.C. § 601 et. seq. rulemaking on the provision of domestic service by Assembly of the Inmarsat Assembly of Parties (1981). non-U.S. satellites. See Amendment of the decided that no system which falls within the scope 10. Reason for Action. This FNPRM Commission’s Regulatory Policies to Allow Non- of Article 8 of the Convention shall be deemed to U.S. Licensed Space Stations to Provide Domestic cause significant economic harm to the proposes to establish regulations and International Satellite Service in the United organization. establishing geographical boundaries for Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30581 the use of Inmarsat aeronautical services plus four copies of all comments, reply 47 CFR Part 64 in the United States. comments and supporting comments. If [CC Docket No. 92±77, FCC 96±253] 11. Objectives. To propose rules to you want a Commissioner to receive a govern the use of Inmarsat-based personal copy of your comments and Billed Party Preference for O+ aeronautical services in the United reply comments you must file an InterLATA Calls States. original plus nine copies. You should 12. Legal Basis. Authority as proposed send comments and reply comments to AGENCY: Federal Communications for this rulemaking is contained in the the Office of the Secretary, Federal Commission. provisions of the Communications Act, Communications Commission, 1919 M ACTION: Proposed rule. 47 U.S.C. §§ 151, 154, 303(r), 403, and Street, N.W., Washington, D.C. 20554. 405. SUMMARY: The Commission adopted a 13. Description, Potential Impact and Comments and reply comments will be Second Further Notice of Proposed Number of Small Entities Affected. available for public inspection during Rulemaking (NPRM) seeking comment None. regular business hours in the on tentative conclusions that it should 14. Reporting, Record Keeping and Commission Public Reference Center, establish benchmarks for the rates that Other Compliance Requirements. None. Room 239, Federal Communications consumers are asked to pay for operator 15. Federal Rules Which Overlap, Commission, 1919 M Street, N.W. service calls reflecting what consumers Duplicate or Conflict with this Rule. Washington, D.C. 20554. expect to pay for those calls and require None. 20. Written comments by the public that, if consumers will be charged rates 16. Any Significant Alternatives on the proposed and/or modified above the benchmarks, the operator Minimizing Impact on Small Entities information collections are due July 17, service provider (OSP) offering services and Consistent with Stated Objectives. 1996 and reply comments on or before through payphones and other aggregator None. August 16, 1996. Written comments locations disclose the applicable charges Paperwork Reduction Act must be submitted by the Office of for the call to the consumer orally before connecting the call. The NPRM also 17. This NPRM contains a proposed Management and Budget (OMB) on the proposed and/or modified information seeks comment on what benchmark information collection. The rates the Commission should establish, collections on or before August 16, Commission, as part of its continuing as well as on an alternative that would 1996. In addition to filing comments effort to reduce paperwork burdens, require all OSPs to disclose their rates with the Secretary, a copy of any invites the general public and the Office orally on all operator service calls. The of Management and Budget (OMB) to comments on the information NPRM also solicits comment on comment on the information collections collections contained herein should be whether the FCC should forbear from contained in this NPRM, as required by submitted to Dorothy Conway, Federal applying informational tariff filing the Paperwork Reduction Act of 1995, Communications Commission, Room requirements for interstate operator Public Law No. 104–13. Public and 234, 1919 M Street, N.W., Washington, services, and, if not, on proposed rules agency comments are due at the same DC 20554, or via the Internet to and a waiver policy with respect to the time as other comments on this NPRM; [email protected] and to Timothy Fain, filing of such tariffs. Finally, the OMB notification of action is due OMB Desk Officer, 10236 NEOB, 725- Commission seeks comment on the best August 16, 1996. Comments should 17th Street, N.W., Washington, DC means to remedy the problem of high address: (a) whether the proposed 20503 or via the Internet to fain— rates charged by some carriers that serve collection of information is necessary [email protected]. For additional information phones in prisons that are used by for the proper performance of the concerning the information collections inmates to make collect calls. The functions of the Commission, including contained in this NPRM contact Dorothy proposed rule changes are intended to whether the information shall have Conway at 202–418–0217. enable consumers to make better practical utility; (b) the accuracy of the informed decisions whether to use a Commission’s burden estimates; (c) Ordering Clauses particular OSP when making a call from ways to enhance the quality, utility, and 21. Accordingly, it is further ordered a payphone or other aggregator location clarity of the information collected; and away from home. (d) ways to minimize the burden of the that the Secretary shall send a copy of collection of information on the this Further Notice of Proposed DATES: Written comment by the public respondents, including the use of Rulemaking to the Chief Counsel for on the Second Further Notice of automated collection techniques or Advocacy of the Small Business Proposed RuleMaking and the proposed other forms of information technology. Administration in accordance with and/or modified information collections are due July 17, 1996. Reply comments paragraph 603(a) of the Regulatory Procedural Provisions are due on August 16, 1996. Written Flexibility Act, Public Law No. 96–354, comments by the Office of Management 18. This is a non-restricted notice and 94 Stat. 1164, 5 U.S.C. §§ 601 et. seq. and Budget (OMB) on the proposed and/ comment rulemaking proceeding. Ex (1981). Parte presentations are permitted, or modified information collections are except during the Sunshine Agenda Federal Communications Commission. due on or before August 16, 1996. period, provided they are disclosed as William F. Caton, ADDRESSES: Comments and reply provided in 47 CFR § 1.1206(a). Acting Secretary. comments should be sent to the 19. Pursuant to applicable procedures [FR Doc. 96–15268 Filed 6–14–96; 8:45 am] Secretary, Federal Communications set forth in Sections 1.415 and 1.419 of Commission, 1919 M St. N.W., BILLING CODE 6712±01±P the Commission’s rules, 47 CFR §§ 1.415 Washington, DC 20554. In addition to and 1.419, interested parties may file filing comments with the Secretary, a comments on or before July 17, 1996 copy of any comments on the and reply comments on or before information collections contained August 16, 1996. To file formally in this herein should be submitted to Dorothy proceeding, you must file an original Conway, Federal Communications 30582 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

Commission, Room 234, 1919 M Street, respondents, including the use of particular OSP when making a N.W., Washington, DC 20554, or via the automated collection techniques or payphone call. Internet to [email protected], and to other forms of information technology. Summary of Notice of Proposed Rule Timothy Fain, OMB Desk Officer, 10236 (1) OMB Control Number: None. Making NEOB, 725–17th Street, N.W., Title: Proposed benchmark system. Washington, DC 20503 or via the Type of Review: New collection. I. Background Respondents: Business or other for- Internet to fain—[email protected]. In 1992, the Commission adopted profit, including small business. FOR FURTHER INFORMATION CONTACT: Billed Party Preference for 0+ Number of Respondents: 10. Adrien Auger, Enforcement Division, InterLATA Calls, CC Docket No. 92–77, Common Carrier Bureau, (202) 418– Estimated Time per Response: 2 hours. Notice of Proposed Rulemaking, 7 FCC 0960. For additional information Rcd 3027, 57 FR 24574 (June 10, 1992), concerning the information collections Total Annual Burden: 20 hours. Estimated Cost Per Respondent: $0. initiating a rulemaking proceeding to contained in this Second Further Notice consider the merits of an automated of Proposed RuleMaking contact Needs and Uses: Oral disclosure, at point of purchase, of the specific ‘‘billed party preference’’ (BPP) routing Dorothy Conway at 202/418–0217, or methodology for 0+ interLATA traffic. via the Internet at [email protected]. charges, including any surcharges, that would be charged for interstate operator The Commission tentatively concluded SUPPLEMENTARY INFORMATION: This is a services is necessary to enable that BPP is, in concept, in the public summary of the Commission’s Second consumers to make informed decisions interest, but sought comments on the Further Notice of Proposed Rulemaking whether to use a particular OSP when costs and benefits of BPP as well as on in Billed Party Preference, CC Docket making a call from a payphone or other a number of aspects of how BPP might No. 92–77, FCC 96–252, adopted June 4, aggregator location. be implemented. 1995, and released June 6, 1996. The (2) OMB Control Number: None. In 1994, the Commission adopted a full text of this Commission NPRM is Title: Proposed certification Further Notice of Proposed Rulemaking, available for inspection and copying requirement. 9 FCC Rcd 3320, 59 FR 30754 (June 15, during normal business hours in the Type of Review: New collection. 1994), seeking further comment. The FCC Reference Center, Room 239, 1919 Respondents: Business or other for- Commission found that the available M St., N.W., Washington, DC. The profit, including small business. evidence indicated that the benefits of complete text of the NPRM may also be Number of Respondents: 190. BPP outweighed its costs, but that some purchased from the Commission’s Estimated Time per Response: 10 of the data underlying its cost/benefit duplicating contractor, International minutes. analysis were not as precise and current Transcription Services, 2100 M St., Total Annual Burden: 1900 minutes. as it desired. Therefore, the Commission N.W., Suite 140, Washington, D.C. Estimated Cost Per Respondent: $0. sought additional and updated data, 20037 (202) 857–3800. The NPRM Needs and Uses: Certification that an further comment on its cost/benefit contains proposed or modified interstate operator service provider’s analysis of BPP, and proposals for less information collections subject to the rates and associated surcharges do not costly alternatives to BPP. Paperwork Reduction Act of 1995, exceed FCC-established benchmarks II. Discussion Public Law No. 104–13 (PRA). It has will better protect consumers from been submitted to OMB for review unexpected high charges and obviate Currently, interstate 0+ calls—that is, under Section 3507(d) of the PRA. OMB, the need for the operator service interstate calls that are made by entering the general public, and other Federal provider to file and maintain an a ‘‘0’’ followed by a telephone number— agencies are invited to comment on the informational tariff, which does not are routed to the OSP selected by either proposed or modified information provide potential consumers with the premises owner or the provider of collections contained in this advance notice of rate changes. the phone. The Commission found that proceeding. (3) OMB Control Number: None. this has led many callers to be charged substantially higher rates than they Paperwork Reduction Act Title: Proposed reporting requirement. Type of Review: New collection. expected. Therefore, the Commission The NPRM contains proposed or Respondents: Business or other for- now tentatively concludes that it should modified information collections. The profit, including small business. adopt a benchmark reflecting what Commission, as part of its continuing Number of Respondents: 10. consumers expect to pay for interstate effort to reduce paperwork burdens, Estimated Time per Response: 50 0+ calls and require OSPs to orally invites the general public and OMB to hours. disclose the total charges for which comment on the information collections Total Annual Burden: 500 burden consumers will be liable for a call if contained in the NPRM, as required by hours. those charges are above the benchmark. the PRA. Public and agency comments Estimated Cost Per Respondent: $0. The Commission believes that this will are due at the same time as other Needs and Uses: Currently, under 47 help ensure that consumers are not comments on the NPRM; OMB U.S.C. 226(h)(1)(A), OSPs must file and surprised by unexpectedly high charges comments are due August 16, 1996. maintain informational tariffs of for their 0+ calls, but rather, that Comments should address: (a) whether applicable charges for interstate consumers can make better informed the proposed collection of information operator services provided from choices about which OSP to use for is necessary for the proper performance payphones and other aggregator their calls. of the functions of the Commission, locations. Should the Commission The Commission also seeks comment including whether the information shall determine that it should not forbear on whether it should, alternatively, have practical utility; (b) the accuracy of from enforcing this section of the require all OSPs to disclose the prices the Commission’s burden estimates; (c) Communications Act, informational for all 0+ calls, thereby avoiding the ways to enhance the quality, utility, and tariffs specifying applicable rates and need to establish benchmarks, or clarity of the information collected; and surcharges for a particular call in dollars whether the cost of such a disclosure (d) ways to minimize the burden of the and cents will enable consumers to requirement to OSPs, and ultimately to collection of information on the ascertain whether they wish to use a consumers, would exceed the benefit to Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30583 consumers, especially with regard to 0+ call, the total charges for which Federal rules that overlap, duplicate, calls priced at or below levels that consumers would be liable. In the or conflict with the Commission’s consumers generally expect. The alternative, the FCC seeks comment on proposal. None. Commission also seeks comment on, if whether it should require OSPs to give Any significant alternatives it establishes a benchmark, where it specific rate information for all 0+ calls minimizing impact on small entities and should be set. The NPRM describes a before connecting the calls. It also consistent with stated objectives. None number of benchmark options proposed solicits comment on proposed rules apparent at this time. by interested parties, including the with respect to the filing of Comments are solicited. The FCC average rate charged by AT&T, MCI, and informational tariffs for interstate requests written comments on this Sprint, a level 15-percent above that operator services and the extent to Initial Regulatory Flexibility Analysis. average, and a fixed set of rates which it must or may forbear from These comments must be filed in proposed by an OSP industry coalition. enforcing the requirements for such accordance with the same filing The Commission also considers several tariffs. Finally, it solicits comment deadlines set for comments on the other qualifications to the benchmark that whether the public interest would be issues in the NPRM, but they must have would make OSP compliance better served by alternative remedies a separate and distinct heading administratively easier. than BPP for high rates charged by some designating them as responses to this The Commission also seeks comment carriers serving prisons. Regulatory Flexibility Analysis. The on whether, under the recently-enacted V. Regulatory Flexibility Analysis FCC is sending a copy of the NPRM to Telecommunications Act of 1996, it the Chief Counsel for Advocacy of the must forbear from applying Reason for Action Small Business Administration in informational tariff filing requirements accordance with Section 603(a) of the and, if not, on proposed rules and a The Commission is issuing the NPRM to consider alternatives to the Regulatory Flexibility Act. See 5 U.S.C. waiver policy with respect to the filing 601, et seq. of such tariffs. Comments are also implementation of Billed Party requested on whether the public interest Preference by local exchange carriers, to VI. Ordering Clauses protect consumers from excessive would be better served by means other 1. Accordingly, It is Ordered, than BPP for calls from inmate-only charges in connection with interstate operator services, and to help ensure pursuant to Sections 1, 4(i), 4(j), 10, telephones in prisons and other 201–205, 218 and 226 of the correctional institutions. that consumers are aware of the price of a long distance operator service call Communications Act of 1934, as III. Comments and Ex Parte before incurring charges. amended, 47 U.S.C. § 151, 154(i), 154(j), Presentations 160, 201–205, 218, 226, that a Second Objectives. The objective of the NPRM Further Notice of Proposed Rule Making All interested parties may file is to propose requirements regarding comments on the issues set forth in the is Issued, proposing the amendment of charges and surcharges applicable to 47 CFR Part 64 as set forth below. NPRM, on which comment is interstate operator services and to 2. It is further ordered that, pursuant specifically sought, by July 17, 1996, provide an opportunity for public to applicable procedures set forth in and reply comments by August 16, comment thereon. §§ 1.415 and 1.419 of the Commission’s 1996. All relevant and timely comments Legal Basis. Sections 1, 4(i), 4(j), 201– will be considered by the Commission Rules, 47 CFR 1.415, 1.419, comments 205, 226 and 228 of the Shall be filed with the Secretary, before final action is taken in this Communications Act of 1934, as proceeding. To file formally in this Federal Communications Commission, amended, 47 U.S.C. 151, 154(i), 154(j), Washington, D.C. 20554 on or before proceeding, participants must file in 201–205, 226, 228. accordance with the ordering clauses July 17, 1996. Reply comments should below. Parties are invited to submit, in Description, potential impact, and be filed no later than August 16, 1996. conjunction with their comments or number of small entities affected. The To file formally in this proceeding, replies, proposed text for rules that the proposed rules will require that participants must file an original and six Commission could adopt in this interexchange carriers’ Informational copies of all comments, reply proceeding. Specific rule proposals Tariffs, filed pursuant to Section 226 of comments, and supporting comments. If should be filed as an appendix to a the Communications Act, contain participants want each Commissioner to party’s comments or reply. specific rates for their operator services. receive a personal copy of their This is a non-restricted notice and Hundreds of small operator services comments, an original plus nine copies comment rule making proceeding. Ex companies may have to file substitute must be filed. In addition, parties parte presentations are permitted, tariffs and will have to implement other should file two copies of any such except during the Sunshine Agenda information disclosure requirements if pleadings with the Enforcement period, provided they are disclosed as their rates, and related payphone Division, Common Carrier Bureau, provided in Commission rules. See, premises-owners’ fees or aggregator Room 6008, 2025 M Street N.W., generally, 47 CFR 1.1202, 1.1203, and surcharges, substantially exceed the Washington, D.C. 20554. Parties should 1.1206(a). rates charged by AT&T, MCI and Sprint. also file one copy of any documents Small entities may feel some economic filed in this docket with the IV. Conclusion impact in additional printing costs, Commission’s copy contractor, The NPRM tentatively concludes that message production and recording costs International Transcription Services, the FCC should: (1) establish due to these requirements. Room 140, 2100 M Street, N.W., benchmarks for OSPs’ rates and Reporting, record-keeping, and other Washington, D.C. 20037. Comments and associated charges that reflect compliance requirements. The proposed reply comments will be available for consumers’ expectations; and (2) require rules would require carriers charging public inspection during regular OSPs whose charges and related rates above an established benchmark to business hours in the FCC Reference aggregator surcharges or premises-owner provide audibly to consumers the price, Center (Room 239) of the Federal fees exceed such benchmarks to disclose or maximum price, of the call before Communications Commission, 1919 M orally to consumers, before connecting a connecting a call. Street, N.W., Washington, D.C. 20554. 30584 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

3. It is further ordered that, in order Flexibility Act, 5 U.S.C. § 603(a)(1981). surcharge or premises owner fee, that to facilitate review of comments and The Secretary shall also cause a the consumer may be billed for that call. reply comments, both by parties and by summary of this NPRM to appear in the (5) Informational tariffs shall be Commission staff, we require that Federal Register. accompanied by a cover letter, comments and reply comments include addressed to the Secretary of the List of Subjects in 47 CFR Part 64 a summary of the substantive arguments Commission, explaining the purpose of raised in the pleading. Comments and Communications common carriers, the filing. reply comments must also comply with Reporting and recordkeeping (i) The original of the cover letter section 1.49 and all other applicable requirements, Telephone. shall be submitted to the Secretary without attachments, along with FCC sections of the Commission’s Rules. See Federal Communications Commission. 47 CFR § 1.49. Parties are also asked to Form 159, and the appropriate fee to the William F. Caton, submit comments and reply comments Mellon Bank, Pittsburgh, Pennsylvania. on diskette. Such diskette submissions Acting Secretary. (ii) Copies of the cover letter and the would be in addition to the formal filing Rule Changes attachments shall be submitted to the requirements addressed above. Parties Secretary’s Office, the Commission’s submitting diskettes should submit Part 64 of Title 47 of the Code of contractor for public records them to Adrien Auger of the Common Federal Regulations is proposed to be duplication, and the Chief, Tariff Carrier Bureau, 2025 M Street, N.W., amended as follows: Review Branch. Room 6120, Washington, D.C. 20554. (6) Any changes to the tariff shall be PART 64ÐMISCELLANEOUS RULES submitted under a new cover letter with Such submission should be on a 3.5 RELATING TO COMMON CARRIERS inch diskette formatted in an IBM a complete copy of the tariff, including compatible form using MS DOS 5.0 and 1. The authority citation for Part 64 changes. (i) Changes to a tariff shall be WordPerfect 5.1 software. The diskette continues to read as follows: explained in the cover letter but need should be submitted in ‘‘read only’’ Authority: Sec. 4, 48 Stat. 1066, as mode. The diskette should be clearly not be symbolized on the tariff pages. amended; 47 U.S.C. 154, unless otherwise (ii) Revised tariffs shall be filed labelled with the party’s name, noted. Interpret or apply secs. 201, 218, 226, proceeding, type of pleading (comment pursuant to the procedures specified in 228, 48 Stat. 1070, as amended, 1077; 47 subsection 64.703(c)(5). or reply comments) and date of U.S.C. 201, 218, 226, 228, unless otherwise submission. The diskette should be noted. * * * * * [FR Doc. 96–15147 Filed 6–14–96; 8:45 am] accompanied by a cover letter. 2. Section 64.703 is amended by 4. It is further ordered that any BILLING CODE 6712±01±P revising paragraph (c) to read as follows: written comments by the public, as provided for in the Paper Reduction Act § 64.703 Consumer information. 47 CFR Part 73 of 1995, on the proposed and/or * * * * * modified information collections are (c) Information disclosure. [MM Docket No. 96±114; RM±8786] due July 17, 1996. Written comments (1) Informational tariffs filed pursuant must be submitted by the Office of to 47 U.S.C. § 226(h)(1)(A) shall contain Radio Broadcasting Services; Fort Management and Budget on the specific rates expressed in dollars and Bragg and Willits, CA proposed and/or modified information cents for all interstate operator services collections on or before August 16, AGENCY: Federal Communications of the carrier and shall also contain 1996. In addition to filing comments Commission. applicable surcharges, if any, billed on with the Secretary, a copy of any ACTION: Proposed rule. behalf of aggregators by the carrier or comments on the information another billing agent. SUMMARY: This document requests collections contained herein should be comments on a petition for rule making submitted to Dorothy Conway, Federal (2) Surcharges billed on behalf of filed on behalf of Henry Radio Communications Commission, Room aggregators, if any, shall be specified in Company, licensee of Station KLLK-FM, 234, 1919 M Street, N.W., Washington, informational tariffs in dollars and Fort Bragg, California, requesting the DC 20554, or via the Internet to cents. reallotment of Channel 228B from Fort [email protected] and to Timothy Fain, (3) In order to remove all doubt as to Bragg to Willits, California, and OMB Desk Officer, 10236 NEOB, 725- their proper application, all modification of the license for Station 17th Street, N.W., Washington, DC informational tariffs must contain clear KLLK-FM to specify Willits as its 20503 or via the Internet to fain— and explicit explanatory statements community of license, pursuant to the [email protected]. regarding the rates, i.e., the tariffed price 5. It is further ordered, that the Chief per unit of service, and the regulations provisions of Section 1.420(i) of the of the Common Carrier Bureau is governing the offering of service in that Commission’s Rules. Coordinates for delegated authority to require the tariff. Channel 228B at Willits are 39–24–36 submission of additional information, (4) Operator services providers whose and 123–21–12. make further inquiries, and modify the charges and any applicable aggregator DATES: Comments must be filed on or dates and procedures in this docket if surcharge for any call exceed any before July 29, 1996, and reply necessary to provide for a more benchmark established by the comments on or before August 13, 1996. complete record and a more efficient Commission, or exceed benchmarks ADDRESSES: Secretary, Federal proceeding. established by the Commission for the Communications Commission, 6. It is further ordered, that the initial minute or additional minutes, Washington, DC 20554. In addition to Secretary shall mail a copy of this shall provide, at no charge before the filing comments with the FCC, Second Further Notice of Proposed Rule call is connected, either the specific interested parties should serve the Making to the Chief Counsel for charges, including any aggregator petitioner’s counsel, as follows: Richard Advocacy of the Small Business surcharge or premises owner fee, M. Riehl, Esq., Haley, Bader & Potts, Administration, in accordance with applicable to that call, or the maximum P.L.C., 4350 North Fairfax Dr., Suite section 603(a) of the Regulatory charges, including any aggregator 900, Arlington, VA 22203–1633. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30585

FOR FURTHER INFORMATION CONTACT: DATES: Comments must be filed on or SUMMARY: This document requests Nancy Joyner, Mass Media Bureau, (202) before July 29, 1996, and reply comments on a petition filed by Lyle 418–2180. comments on or before August 13, 1996. Robert Evans d/b/a The Radio Company SUPPLEMENTARY INFORMATION: This is a ADDRESSES: Secretary, Federal proposing the allotment of Channel synopsis of the Commission’s Notice of Communications Commission, 281A to Forestville, Wisconsin, as that Proposed Rule Making, MM Docket No. Washington, DC 20554. In addition to community’s first local FM service. 96–114, adopted May 3, 1996, and filing comments with the FCC, Canadian concurrence has been released June 5, 1996. The full text of interested parties should serve the requested for this allotment at this Commission decision is available petitioner, as follows: Happy Nice coordinates 44–41–37 and 87–27–16. for inspection and copying during Valley Broadcasting, Attn: Joe S. Mauk, There is a site restriction 2.1 kilometeres normal business hours in the FCC’s 365 W. Menlo Avenue, Fresno, CA (1.3 miles) east of the community. Reference Center (Room 239), 1919 M 93704. DATES: Comments must be filed on or Street, NW., Washington, DC. The FOR FURTHER INFORMATION CONTACT: before July 29, 1996, and reply complete text of this decision may also Nancy Joyner, Mass Media Bureau, (202) comments on or before August 13, 1996. be purchased from the Commission’s 418–2180. copy contractors, International ADDRESSES: Federal Communications SUPPLEMENTARY INFORMATION: This is a Transcription Service, Inc., (202) 857– Commission, Washington, DC 20554. In synopsis of the Commission’s Notice of 3800, 2100 M Street, NW., Suite 140, addition to filing comments with the Proposed Rule Making, MM Docket No. Washington, DC 20037. FCC, interested parties should serve the 96–122, adopted May 17, 1996, and Provisions of the Regulatory petitioner, as follows: Lyle Robert Evans released June 5, 1996. The full text of Flexibility Act of l980 do not apply to d/b/a The Radio Company, 1296 Marian this Commission decision is available this proceeding. Lane, Green Bay, Wisconsin 54304. Members of the public should note for inspection and copying during that from the time a Notice of Proposed normal business hours in the FCC’s FOR FURTHER INFORMATION CONTACT: Rule Making is issued until the matter Reference Center (Room 239), 1919 M Kathleen Scheuerle, Mass Media is no longer subject to Commission Street, NW., Washington, DC. The Bureau, (202) 418–2180. consideration or court review, all ex complete text of this decision may also SUPPLEMENTARY INFORMATION: This is a parte contacts are prohibited in be purchased from the Commission’s summary of the Commission’s Notice of Commission proceedings, such as this copy contractors, International Proposed Rule Making, MM Docket No. one, which involve channel allotments. Transcription Service, Inc., (202) 857– 96–121, adopted May 20, 1996, and See 47 CFR 1.1204(b) for rules 3800, 2100 M Street, NW., Suite 140, released June 5, 1996. The full text of governing permissible ex parte contacts. Washington, DC 20037. this Commission decision is available For information regarding proper Provisions of the Regulatory for inspection and copying during filing procedures for comments, See 47 Flexibility Act of l980 do not apply to normal business hours in the CFR 1.415 and 1.420. this proceeding. Commission’s Reference Center (Room Members of the public should note List of Subjects in 47 CFR Part 73 239), 1919 M Street, NW., Washington, that from the time a Notice of Proposed DC. The complete text of this decision Radio broadcasting. Rule Making is issued until the matter may also be purchased from the Federal Communications Commission. is no longer subject to Commission Commission’s copy contractors, John A. Karousos, consideration or court review, all ex International Transcription Services, parte contacts are prohibited in Chief, Allocations Branch, Policy and Rules Inc., 2100 M Street, NW., Suite 140, Division, Mass Media Bureau. Commission proceedings, such as this Washington, DC 20037, (202) 857–3800. [FR Doc. 96–15209 Filed 6–14–96; 8:45 am] one, which involve channel allotments. See 47 CFR 1.1204(b) for rules Provisions of the Regulatory BILLING CODE 6712±01±F governing permissible ex parte contacts. Flexibility Act of l980 do not apply to For information regarding proper this proceeding. 47 CFR Part 73 filing procedures for comments, See 47 Members of the public should note CFR 1.415 and 1.420. that from the time a Notice of Proposed [MM Docket No. 96±122; RM±8795] Rule Making is issued until the matter List of Subjects in 47 CFR Part 73 is no longer subject to Commission Radio Broadcasting Services; Radio broadcasting. consideration or court review, all ex Riverdale, CA Federal Communications Commission. parte contacts are prohibited in AGENCY: Federal Communications John A. Karousos, Commission proceedings, such as this Commission. Chief, Allocations Branch, Policy and Rules one, which involve channel allotments. ACTION: Proposed rule. Division, Mass Media Bureau. See 47 CFR 1.1204(b) for rules [FR Doc. 96–15207 Filed 6–14–96; 8:45 am] governing permissible ex parte contact. SUMMARY: This document requests BILLING CODE 6712±01±F For information regarding proper comments on a petition for rule making filing procedures for comments, see 47 filed on behalf of Happy Nice Valley CFR 1.415 and 1.420. Broadcasting (‘‘petitioner’’) seeking the 47 CFR Part 73 allotment of FM Channel 252A to List of Subjects in 47 CFR Part 73 Riverdale, California, as that locality’s [MM Docket No. 96±121; RM±8806] first local aural transmission service. Radio broadcasting. Petitioner is requested to provide Radio Broadcasting Services; Federal Communications Commission. additional information to establish Forestville, WI John A. Karousos, Chief, Allocations Branch, Policy and Rules Riverdale’s status as a community for AGENCY: Federal Communications Division, Mass Media Bureau. allotment purposes. Coordinates used Commission. for this proposal are 36–20–39 and 119– [FR Doc. 96–15208 Filed 6–14–96; 8:45 am] ACTION: Proposed rule. 53–59. BILLING CODE 6712±01±F 30586 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION comments should be sent to the Docket Evaluation’’, DOT-HS–802–083, Section rather than faxed to the above November 1976) as well as in-vehicle National Highway Traffic Safety contact persons. warning systems and mirrors. External Administration alarms have been found to be ineffective SUPPLEMENTARY INFORMATION: deterrents for very young children, who 49 CFR Part 571 I. Background do not understand the sound and may [Docket No. 96- 53; Notice 1] By letter dated March 20, 1995, Mr. even be attracted to the noise. In-vehicle warning systems that have been studied RIN 2127±AG41 Dee Norton of Seattle, Washington petitioned the agency to issue an provide drivers with in-vehicle alarms Federal Motor Vehicle Safety amendment for 49 CFR 571.111, triggered by the detection of nearby Standards; Rear View Mirrors (Standard No. 111) to require convex objects detected by the rear facing cross view mirrors on the left rear top sensors (typically ultrasonic, radar, or AGENCY: National Highway Traffic corner of the cargo box of stepvan and infrared). The agency recently tested six Safety Administration (NHTSA), walk-in style delivery and service rear object detection systems and found Transportation. trucks. Mr. Norton’s petition arose out that object detection technology is still ACTION: Request for Comments. of a desire to prevent the kind of fatal in the early stages of its development crash that caused the death of his (‘‘Hardware Evaluation Of Heavy Truck SUMMARY: NHTSA has granted a petition grandson. C.J. Norton, Mr. Norton’s Side And Rear Object Detection for rulemaking from Mr. Dee Norton, grandson, died on May 18, 1994, when Systems’’, SAE Paper No. 951010, W. who petitioned the Agency to require he was struck and backed over by a Riley Garrott, Mark A. Flick, and convex cross view mirrors on the left diaper delivery service truck that was Elizabeth N. Mazzae) . One other rear top corner of the cargo box of backing from a stall in an apartment system, a unit that costs over $900 and stepvan and walk-in style delivery and complex parking lot. Mr. Norton stated uses microwave radar technology is in service trucks. NHTSA’s analysis of the in his petition that the truck was voluntary use in some school districts, petition and the backup accident data equipped with side-mounted rearview to detect a moving child in front of a concludes that this particular solution is mirrors required by Standard No. 111, stationary school bus. The agency’s tests only one of many possible accident but that those mirrors did not provide (‘‘An Evaluation of Electronic prevention measures. While it is the driver with a view of the area Pedestrian Detection Systems For possible that mirrors can be a cost- immediately behind the truck. Mr. School Buses’’, SAE Paper No. 960518, effective solution, no performance Norton stated that, without looking Scott A. Johnston, Elizabeth N. Mazzae, specifications for these mirrors yet exist. behind the truck, the driver backed up and W. Riley Garrott) show that such The agency has research underway on and struck his grandson, not knowing systems were intended as a supplement, this and other means to reduce such that the child was in the way. not a replacement, for cross view deaths and injuries, particularly for Mr. Norton tried unsuccessfully to get mirrors and were designed to work only children less than five years old and the Washington State to enact a law to on stationary vehicles. The agency will elderly, who both are over represented require delivery vehicles to use rear- continue to evaluate the effectiveness in the fatality numbers. The agency mounted cross view mirrors. His state and performance of these types of believes it is premature to begin believes that federal law prohibits it countermeasures as new technology rulemaking until we obtain information from issuing any laws that are different becomes available. on the experience of fleets which have from federal laws on the subject of Used on certain commercial and installed rear cross-view mirrors and ask mirrors. As a consequence, Mr. Norton recreational vehicles, rear video cameras other key questions. petitioned NHTSA for changes to can provide the driver with a view of DATES: Comments must be received on Standard No. 111. the blind spot, but the expense of these or before October 15, 1996. The agency has reviewed the systems limits their use. Some vehicles ADDRESSES: Comments must refer to the circumstances associated with the use rear mounted convex mirrors to docket and notice numbers cited at the petitioner’s desired solution, and notes help the driver see objects and beginning of this notice and be that the agency has been conducting pedestrians in the area directly behind submitted to: Docket Section, Room research to investigate the feasibility of the vehicle that is not covered by the 5109, NHTSA, 400 Seventh Street, S.W., equipping motor vehicles with cost- currently required mirror systems. Washington, D.C. 20590. It is requested, effective countermeasures to assist However, the small image size in the but not required, that 10 copies of the drivers in more safely carrying out mirror, the distortion of the image, and comments be provided. The Docket backing, lane change and merging the task of using the left side mirror to Section is open on weekdays from 9:30 maneuvers including the maneuvers see the image in the rear mounted a.m. to 4 p.m. described by the petitioner. The mirror may make it difficult for drivers FOR FURTHER INFORMATION CONTACT: For objectives are to determine the to reliably detect objects and small nonlegal issues: Mr. Jere Medlin, Office performance of one or more feasible pedestrians, especially at night and in of Crash Avoidance Standards, NHTSA, countermeasures and to define adverse weather. The agency is 400 Seventh Street, SW, Washington, specifications in performance terms initiating a research program to collect D.C. 20590. Mr. Medlin’s telephone without constraining the solutions to data on the extent of obstructed view number is: (202) 366–5276. His particular devices or technologies. areas behind commercial and passenger facsimile number is (202) 366–4329. For NHTSA has been conducting and vehicles and to determine the extent to legal issues: Mr. Paul Atelsek, continues to conduct research to which low cost mirror systems can Rulemaking Division, Office of Chief determine alternative countermeasures improve the driver’s view in that area. Counsel, NHTSA, 400 Seventh Street, for preventing backing crashes. This It may take two years to complete this S.W. Washington, D.C. 20590. Mr. research has focused on external research, data collection, and analysis. Atelsek’s telephone number is (202) auditory alarms ( ‘‘An Audible Also, the agency has requested 366–5260, and his FAX number is (202) Automobile Back-up Pedestrian information from some commercial fleet 366–3820. Please note that written Warning Device—Development and owners to gain insight on the extent of Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30587 the backing problem and to learn of the II. Questions on Which Comment is installation of the mirrors on existing experiences that some have had with Requested vehicles? rear-mounted convex mirrors. As the 2. Do these mirrors present any A. For Fleet Users of Rear Cross-View agency learns more about the extent of practical problems, such as: Mirrors this safety problem and potential a. Are there any trucks up to 26,000 solutions, it will be in a better position 1. Have your vehicles’ accident rates pounds GVWR that cannot to consider whether rulemaking to in backing incidents decreased since accommodate such mirrors? mandate performance-oriented you equipped your fleet with rear cross b. Are there loading dock interference requirements for preventing backup view mirrors? Please provide any problems? crashes is appropriate. available data on your backing crash c. Are there significant driver training Additionally, for the past two years rates. changes? the agency has enlisted the assistance of 2. What percentage of your backing d. Are there mirror vibration problems the U. S. Consumer Product Safety incidents occur off the public roadway? or maintenance problems? Commission and its National Electronic 3. Under what conditions, if any, are e. Are some designs of rear cross-view Injury Surveillance System to gather these mirrors difficult to use or perhaps mirrors vastly superior in performance data on the involvement of children even unusable? to others? with motor vehicles in nonhighway a. Dark days? f. Are depth of field or other injuries and fatalities. This effort is not b. Rainy days? parameters on these mirrors in need of yet completed. When it is completed in c. Shadows behind the vehicle? improvement? 1997, the Agency may be able to d. At night with the backup lamps? g. Are there any alternatives to these estimate the size of the safety problem e. Other adverse conditions; please mirrors that are as inexpensive as the better than it can today. describe. mirrors desired by the petitioner? The agency finds that the State of 4. What comments, if any, have your III. Procedures for Filing Comments Washington has misinterpreted how drivers made regarding their use of rear federal preemption affects the ability of Interested persons are invited to cross view mirrors? Are they generally submit comments on this request for the state to act. It is true that under 49 in favor of them? Please explain. U.S.C. 30103(b), no State may enact or comment. It is requested but not 5. To what extent do your drivers rely required that 10 copies be submitted. continue in effect a standard covering on cross view mirrors while backing? the same aspect of performance as an Comments must not exceed 15 pages in Should the driver directly inspect the length. (49 CFR 553.21). Necessary FMVSS unless it is identical to the area behind the truck before entering the FMVSS. However, there is no federal attachments may be appended to these vehicle and backing? submissions without regard to the 15- requirement addressing the visibility of 6. What depth of field (behind the the area directly and immediately page limit. This limitation is intended to vehicle) can these mirrors provide? Does encourage commenters to detail their behind the vehicle in question. Thus, this need to be increased to allow NHTSA does not concur with the State primary arguments in a concise fashion. adequate reaction time when backing? If a commenter wishes to submit of Washington’s conclusion that the 7. Would a depth of field of six feet preemption clause prohibits certain information under a claim of be practicable and economically feasible confidentiality, three copies of the Washington, or any other state, from on such mirrors? requiring the use of rear-mounted cross complete submission, including 8. Is image distortion a problem on purportedly confidential business view mirrors on any motor vehicle. existing rear cross-view mirrors? While it is true that nonidentical state information, should be submitted to the 9. Are reductions in insurance Chief Counsel, NHTSA, at the street standards would become preempted if premiums available for vehicles NHTSA did adopt a performance address given above, and seven copies equipped with rear cross view mirrors? requirement for cross view mirrors, from which the purportedly confidential How far do any such reductions go in NHTSA would certainly consider the information has been deleted should be offsetting the cost of the mirror and its existing state laws in doing so. submitted to the Docket Section. A Thus, it is possible for the petitioner installation? request for confidentiality should be and others to seek solutions at the state (The next three questions are for fleet accompanied by a cover letter setting level, and those solutions can have operators that have installed rear cross- forth the information specified in the greater immediate effect than any view mirrors.) agency’s confidential business Federal action. Because States regulate 10. Why did your fleet install rear information regulation. (49 CFR Part vehicles-in-use and the actions of cross-view mirrors? 512). drivers, a solution at the State level of 11. What specific mirrors were used All comments received before the adding rear-mounted cross view mirrors and on what specific vehicles were close of business on the comment to delivery service vehicles and these mirrors installed? closing date indicated above for the restrictions on how delivery service 12. What were the costs of the mirrors proposal will be considered, and will be operations are conducted, would affect and their installation? available for examination in the docket all existing subject vehicles in states at the above address both before and that chose to implement such B. General after that date. To the extent possible, regulations. A Federal rule only would 1. NHTSA must analyze both the comments filed after the closing date affect new trucks once implemented and safety benefits associated with new or will also be considered. Comments could take more than twenty-five years added regulations and their costs. The received after the comment due date (ref. ‘‘Updated Vehicle Survivability and agency therefore requests cost estimates will be considered as suggestions for Travel Mileage Schedules’’, DOT-HS– for rear cross-view mirrors expressed as any future rulemaking action. 808–339, November ,1995) before the the increase in the cost of a new truck Comments on the request for comment full benefits would be realized because (say a full-size commercial van, a step- will be available for inspection in the of the slow rate of fleet replacement. van, high cube van, or straight truck ) docket. The NHTSA will continue to file This study showed that 12% of light with such a mirror installed. Are these relevant information as it becomes trucks were still in use 25 years later. costs significantly different for the available in the docket after the closing 30588 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules date, and it is recommended that Fish and Wildlife Service, 911 NE. 11th Atmospheric Administration (NOAA), interested persons continue to examine Avenue, Portland, Oregon 97232–4181. Commerce. the docket for new material. The complete file for this proposed rule ACTION: Proposed rule; reopening of Those persons desiring to be notified will be available for public inspection, comment period; notice of availability. upon receipt of their comments in the by appointment during normal business rule’s docket should enclose a self- hours, at the U.S. Fish and Wildlife SUMMARY: On April 24, 1996, NMFS addressed, stamped postcard in the Service, Office of Technical Support for published a proposed rule to amend the envelope with their comments. Upon Forest Resources, 333 SW. 1st Avenue, regulations protecting sea turtles to receiving the comments, the docket 4th Floor, Portland, Oregon 97204, (503/ enhance their effectiveness in reducing supervisor will return the postcard by 326–6218). sea turtle mortality resulting from mail. FOR FURTHER INFORMATION CONTACT: Mr. shrimp trawling in the Atlantic and Gulf Curt Smitch, Assistant Regional Areas in the southeastern United States. Authority: 49 U.S.C. 322, 30111, 30115, In response to several requests for an 30117, and 30166; delegation of authority at Director, Region 1, U.S. Fish and 49 CFR 1.50. Wildlife Service, 3704 Griffin Lane SE., extension of the comment period, NMFS is reopening the comment period Issued on: June 12, 1996. Suite 102, Olympia, Washington 98501, (206/534–9330); or Ron Crete, Office of through July 15 to provide further Barry Felrice, opportunity to submit comments on the Associate Administrator for Safety Technical Support for Forest Resources, 333 SW. 1st Avenue, Portland, Oregon proposed rule and to review additional Performance Standards. analyses, including the preliminary [FR Doc. 96–15325 Filed 6–14–96; 8:45 am] 97232–4181, (503/326–6218). SUPPLEMENTARY INFORMATION: The report scheduled to be submitted to BILLING CODE 4910±59±P Service has prepared a draft document NMFS by June 28, 1996, by the sea called an Environmental Alternatives turtle expert working group. Analysis (EAA) that describes and DATES: Comments on this proposed rule DEPARTMENT OF THE INTERIOR analyzes the potential environmental must be submitted on or before July 15, 1996. Fish and Wildlife Service effects of the proposed special rule and six alternatives for the conservation of ADDRESSES: Comments on this proposed 50 CFR Part 17 the northern spotted owl on non-Federal rule and requests for a copy of the sea lands in Washington and California. turtle expert working group report RIN 1018±AD20 Each alternative would revise to varying should be addressed to the Chief, Endangered and Threatened Wildlife degrees the Federal prohibitions and Endangered Species Division, Office of and Plants; Proposed Special Rule for exceptions regarding the incidental take Protected Resources, NMFS, 1315 East- the Conservation of the Northern of spotted owls on non-Federal lands in West Highway, Silver Spring, MD Spotted Owl on Non-Federal Lands California and Washington. The 20910. proposed rule, analyzed in the Draft FOR FURTHER INFORMATION CONTACT: AGENCY: Fish and Wildlife Service, EAA as Alternative 3, was published in Charles A. Oravetz, 813–570–5312, or Interior. the Federal Register on February 17, Therese A. Conant, 301–713–1401. ACTION: Extension of public comment 1995 (60 FR, No. 33, Page 9484). SUPPLEMENTARY INFORMATION: On April period. The Service’s Draft EAA, including all 24, 1996, NMFS published a proposed maps, tables, charts, and graphs, rule (61 FR 18102) to amend the SUMMARY: The Service issued a Draft remains available on the Internet’s regulations at 50 CFR 227.72(e) Environmental Alternatives Analysis World Wide Web at http:// protecting sea turtles to enhance their (EAA) (February 23, 1996, 61 FR 6964) www.r1.fws.gov/4deaa/welcome.html. effectiveness in reducing sea turtle for the proposed special rule for the Dated: June 10, 1996. mortality resulting from shrimp trawling conservation of the northern spotted H. Dale Hall, in the Atlantic and Gulf Areas in the owl on non-Federal lands in California southeastern United States. The and Washington, which is currently out Acting Regional Director, U.S. Fish and Wildlife Service, Region 1, Portland, Oregon. background and rationale for the for public comment. The proposed proposed amendments were contained special rule was published in the [FR Doc. 96–15123 Filed 6–14–96; 8:45 am] BILLING CODE 4310±55±P in the preamble of the proposed rule Federal Register on February 17, 1995 and are not repeated here. The comment (60 FR 9484). The comment period for period for the proposed rule closed on both documents was scheduled to end DEPARTMENT OF COMMERCE June 10, 1996. However, NMFS is on June 3, 1996. The intent of this reopening the comment period through document is to extend the comment National Oceanic and Atmospheric July 15 to provide further opportunity to period to June 27, 1996. Administration submit comments on the proposed rule The Service is briefly extending the and to review additional analyses, comment period in order to accept the 50 CFR Parts 217 and 227 including the preliminary report comments of The Resources Agency of scheduled to be submitted to NMFS by California, and invites other interested [Docket No.950830222±6103±02; I.D. 011696D] June 28, 1996, by the sea turtle expert parties who have not yet submitted working group. The formation of this comments to do so. RIN 0648±AH89 group of scientists to analyze existing DATES: The comment period for written Sea Turtle Conservation; Revisions to databases to determine sea turtle comments is extended until June 27, population abundance, population 1996. Sea Turtle Conservation Requirements; Restrictions to Shrimp trends, and sustainable take levels was ADDRESSES: Comments and materials Trawling Activities; Reopening of a requirement of the November 14, concerning this Draft Environmental Comment Period 1994, biological opinion. The report will Alternatives Analysis and the proposed be made available for public review and rule should be sent to Mr. Michael J. AGENCY: National Marine Fisheries distributed upon request when it is Spear, Regional Director, Region 1, U.S. Service (NMFS), National Oceanic and submitted to NMFS (see ADDRESSES). Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30589

Authority: 16 U.S.C. 1531–1544; and 16 available from, Mr. Miguel A. Rolon, same area of seasonal closure U.S.C. 742a et seq., unless otherwise noted. Executive Director, Caribbean Fishery (Amendment 2 of the Reeffish FMP, Dated: June 11, 1996. Management Council, 268 Munoz 1993)); (2) closing an area of 1/2 mile Rolland A. Schmitten, Rivera Ave., Suite 1108, San Juan, PR (2.41 km) radius around ‘‘Buoy 8’’ to all Assistant Administrator for Fisheries, 00918. The hearing will be held at the fishing from December 1 to February 28 National Marine Fisheries Service. Joyuda Plaza Hotel, Cabo Rojo, PR. of each fishing year; (3) closing an area [FR Doc. 96–15324 Filed 6–14–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: of 1/2 mile (2.41 km) radius around ‘‘Buoy 6’’ to all fishing from December BILLING CODE 3510±22±F Miguel A. Rolon, 809–766–5926; Fax: 809–766 6239. 1 to February 28 of each fishing year; (4) SUPPLEMENTARY INFORMATION: closing an area of 1/2 mile (2.41 km) 50 CFR Part 669 radius centered around a buoy to be Background deployed in the area known as ‘‘El Bajo [I.D. 060496E] The Caribbean Council will be de Sico’’ to all fishing between Caribbean Fishery Management holding a public hearing on alternatives December 1 to February 28 of each Council; Public Hearing for closed areas to protect the spawning fishing year; and (5) closing all three aggregations of the red hind grouper, areas identified above to all fishing AGENCY: National Marine Fisheries which usually form during the period between December 1 and February 28 of Service (NMFS), National Oceanic and December 1 through February 28 of each each fishing year. Atmospheric Administration (NOAA), consecutive year. Special Accommodations Commerce. The current regulations implementing ACTION: Public hearing; request for the Fishery Management Plan for the This hearing is physically accessible comments. Reef Fish Fishery of Puerto Rico and the to people with disabilities. For more U.S. Virgin Islands establish a closed information or requests for sign SUMMARY: The Caribbean Fishery area off Mayaguez, PR, to protect the language interpretation and/or other Management Council (Caribbean spawning grounds of this grouper auxiliary aids please contact Mr. Miguel Council) will convene one public species. Recent information obtained by A. Rolon at 809–766–5926 (see hearing on alternatives for closed areas the Caribbean Council indicates that the ADDRESSES) at least 5 days prior to the to protect spawning aggregations of red red hind aggregations are taking place in hearing date. hind in an area off Mayaguez, PR. other sites outside the present closed Authority: 16 U.S.C. 1801 et seq. DATES: Written comments will be area. The Caribbean Council will be accepted on or before July 15, 1996. The considering closed area alternatives that Dated: June 11, 1996. public hearing will be held on June 19, would be more effective in protecting Richard H. Schaefer, 1996, from 7 p.m. to 10 p.m. the red hind spawning aggregations Director, Office of Fisheries Conservation and ADDRESSES: Written comments should while resulting in fewer adverse Management, National Marine Fisheries be sent to, and copies of a document regulatory impacts to fishers. Service. summarizing the management Alternatives under consideration [FR Doc. 96–15232 Filed 6–14–96; 8:45 am] alternatives to be considered are include: (1) No action (i.e., keep the BILLING CODE 3510±22±F 30590

Notices Federal Register Vol. 61, No. 117

Monday, June 17, 1996

This section of the FEDERAL REGISTER ahead on (202) 690–2817 to facilitate and shelters comply with the Act and contains documents other than rules or entry into the comment reading room. regulations. proposed rules that are applicable to the FOR FURTHER INFORMATION: For Facilities must make and maintain public. Notices of hearings and investigations, information on the regulations and records that contain official committee meetings, agency decisions and identification for all dogs and cats, and rulings, delegations of authority, filing of standards governing the humane petitions and applications and agency handling, care, treatment, and certification of those animals received statements of organization and functions are transportation of certain animals by from pounds, shelters, and private examples of documents appearing in this dealers, research institutions, exhibitors, individuals. These records are used to section. carriers, and intermediate handlers, prevent the intentional use of stolen contact Dr. Debra Beasley, Senior pets for regulated activities. Records Animal Care Staff Officer, Regulatory must also be maintained for animals DEPARTMENT OF AGRICULTURE Enforcement and Animal Care, APHIS, other than dogs and cats when the 4700 River Road, Unit 84, Riverdale, animals are used for purposes regulated Animal and Plant Health Inspection MD 20737–1234, (301) 734–7833; or e- under the Act. Service mail: [email protected]. For Research facilities must also make copies of the proposed collection of and maintain additional records for [Docket No. 96±032±1] information, contact Ms. Cheryl Jenkins, animals covered under the Act that are Aphis’ Information Collection used for teaching, testing, and Notice of Request for Extension of a Coordinator, at (301) 734–5360. experimentation. This information is Currently Approved Information used by APHIS personnel to review the Collection SUPPLEMENTARY INFORMATION: research facility’s animal care and use Title: Animal Welfare. program concerning animal activities AGENCY: Animal and Plant Health OMB Number: 0579–0036. regulated under the Act. Inspection Service, USDA. Expiration Date of Approval: October The reporting and recordkeeping ACTION: Proposed collection; comment 31, 1996. requirements contained in 9 CFR part 2 request. Type of Request: Extension of a are necessary to enforce regulations currently approved information intended to ensure the humane care and SUMMARY: In accordance with the collection. treatment of covered animals. The Paperwork Reduction Act of 1995, this Abstract: Regulations and standards collected information is also used by notice announces the Animal and Plant have been promulgated under the APHIS to provide a mandatory annual Health Inspection Service’s intention to Animal Welfare Act (the Act) to Animal Welfare Enforcement report to request an extension of a currently promote and ensure the humane care Congress. approved information collection in and treatment of regulated animals The purpose of this notice is to solicit support of regulations under the Animal under the Act. Title 9, parts 1 through comments from the public (as well as Welfare Act governing the humane 3, of the Code of Federal Regulations affected agencies) concerning our handling, care, treatment, and (CFR) contain regulations and standards information collection. We need this transportation of certain animals by for the care and handling of certain outside input to help us: dealers, research institutions, exhibitors, animals covered under the Act. The (1) Evaluate whether the proposed carriers, and intermediate handlers. regulations in 9 CFR part 2 require collection of information is necessary DATES: Comments on this notice must be documentation of specified information for the proper performance of the received by August 16, 1996 to be concerning the humane handling, care, functions of the Agency, including assured of consideration. treatment, and transportation of certain whether the information will have ADDRESSES: Send comments regarding animals by dealers, research practical utility; the accuracy of burden estimate, ways to institutions, exhibitors, carriers, and (2) Evaluate the accuracy of our minimize the burden (such as the use of intermediate handlers. The regulations estimate of the burden of the proposed automated collection techniques or also require that facilities that use collection of information, including the other forms of information technology), animals for regulated purposes obtain a validity of the methodology and or any other aspect of this collection of license or register with the U.S. assumptions used; information to: Docket No. 96–032–1, Department of Agriculture (USDA). (3) Enhance the quality, utility, and Regulatory Analysis and Development, The Act is enforced by the Animal clarity of the information to be PPD, APHIS, suite 3C03, 4700 River and Plant Health Inspection Service collected; and Road Unit 118, Riverdale, MD 20737– (APHIS), USDA, which performs (4) Minimize the burden of the 1238. Please send an original and three unannounced inspections of regulated collection of information on those who copies, and state that your comments facilities. A significant component of are to respond, through use, as refer to Docket 96–032–1. Comments the inspection process is review of appropriate, of automated, electronic, received may be inspected at USDA, mandatory records that must be mechanical, and other collection room 1141, South Building, 14th Street established and maintained by regulated technologies, e.g., permitting electronic and Independence Avenue SW., facilities. The information contained in submission of responses. Washington, DC, between 8 a.m. and these records is used by APHIS Estimate of Burden: Public reporting 4:30 p.m., Monday through Friday, inspectors to ensure that dealers, burden for this collection of information except holidays. Persons wishing to research facilities, exhibitors, is estimated to average 1.167 hours per inspect comments are requested to call intermediate handlers, carriers, pounds, response. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30591

Respondents: Research facilities, ‘‘A’’ susceptible to large revisions in merchant wholesalers. From the data we and ‘‘B’’ dealers, exhibitors, carriers, preliminary–to–final estimates due to gather, we produce statistics on intermediate handlers, pounds, and imbalances in the rotating panels and wholesale sales, end–of–month shelters. differential response bias between inventories, methods of inventory Estimated Number of Respondents: current and previous month data. We valuation, and stock/sales ratios. The 8,564. will implement a totally fixed panel Bureau of Economic Analysis uses these Estimated Number of Responses per design for the next sample revision statistics in its calculations of the gross Respondent: 10.152. starting in early 1997 in order to domestic product (GDP) and to improve Estimated Total Annual Burden on minimize these revisions. The sample the reliability of inventory adjustments Respondents: 86,945 hours. redesign will also permit more accurate applied in the quarterly GDP estimates. All responses to this notice will be identification of unusual responses and The Bureau of Labor Statistics uses summarized and included in the request will facilitate reconciling differences these statistics as input to its Producer for Office of Management and Budget with other Census Bureau surveys. We Price Indexes and in developing approval of the information collection. plan to gauge and monitor the effects of productivity measurements. Other Done in Washington, DC, this 11th day of the sample redesign on an ongoing government agencies and businesses use June 1996. basis. these statistics for planning and Terry L. Medley, Affected Public: Businesses or other development and to gauge the current Acting Administrator, Animal and Plant for–profit institutions. trends of the economy. Current data on Health Inspection Service. Frequency: Monthly. wholesale trade also enable us to make [FR Doc. 96–15280 Filed 6–14–96; 8:45 am] Respondent’s Obligation: Voluntary. comparisons with the five–year OMB Desk Officer: Jerry Coffey, (202) BILLING CODE 3410±34±P wholesale census data. The current 395–7314. sampling methodology for this survey Copies of the above information uses both fixed and rotating panels. collection proposal can be obtained by Larger companies report monthly in the DEPARTMENT OF COMMERCE calling or writing Dan Haigler, Acting fixed panel. Most small and medium DOC Forms Clearance Officer, (202) Submission For OMB Review; sized companies report every three 482–3272, Department of Commerce, Comment Request months and are asked to report data for room 5312, 14th and Constitution the two most recent months. The DOC has submitted to the Office of Avenue, NW, Washington, DC 20230. Management and Budget (OMB) for Written comments and current design is susceptible to large clearance the following proposal for recommendations for the proposed revisions in preliminary–to–final collection of information under the information collection should be sent estimates due to imbalances in the provisions of the Paperwork Reduction within 30 days of publication of this rotating panels and differential response Act (44 U.S.C. chapter 35). notice to Jerry Coffey, OMB Desk bias between current and previous Agency: Bureau of the Census. Officer, room 10201, New Executive month data. We will implement a totally Title: Current Retail Sales and Office Building, Washington, DC 20503. fixed panel design for the next sample Inventory Survey. revision starting in early 1997 in order Dated: June 6, 1996. Form Number(s): B–101(97), 102(97), to minimize these revisions. The sample 103(97), 111(97), 112(97), 113(97), Dan Haigler, redesign will also permit more accurate 114(97). Acting Departmental Forms Clearance identification of unusual responses and Agency Approval Number: 0607– Officer, Office of Management and will facilitate reconciling differences 0717. Organization. with other Census Bureau surveys. We Type of Request: Revision of a [FR Doc. 96–15241 Filed 6–14–96; 8:45 am] plan to gauge and monitor the effects of currently approved collection. BILLING CODE 3510±07±F the sample redesign on an ongoing Burden: 30,693 hours. basis. Number of Respondents: 11,060. Affected Public: Businesses or other Avg Hours Per Response: 14 minutes. Submission For OMB Review; Comment Request for–profit institutions, Federal Needs and Uses: The Current Retail Government, State, local or tribal Sales and Inventory Survey provides DOC has submitted to the Office of government. estimates of monthly sales and end–of– Management and Budget (OMB) for Frequency: Monthly. month merchandise inventories for clearance the following proposal for retail stores in the United States by collection of information under the Respondent’s Obligation: Voluntary. selected kinds of business. Sales and provisions of the Paperwork Reduction OMB Desk Officer: Jerry Coffey, (202) inventory data provide a current Act (44 U.S.C. chapter 35). 395–7314. statistical picture of the retail portion of Agency: Bureau of the Census. consumer activity. Monthly estimates of Copies of the above information Title: Monthly Wholesale Trade collection proposal can be obtained by changes in sales and the value and Survey. levels of inventory are used by calling or writing Dan Haigler, Acting Form Number(s): B–310. DOC Forms Clearance Officer, (202) government and non–government Agency Approval Number: 0607– 482–3272, Department of Commerce, analysts in gauging economic trends and 0190. room 5312, 14th and Constitution formulating economic policy. The Type of Request: Revision of a Avenue, NW, Washington, DC 20230. current sampling methodology for this currently approved collection. survey uses both fixed and rotating Burden: 4,614 hours. Written comments and panels. Larger companies report Number of Respondents:3,298. recommendations for the proposed monthly in the fixed panel. Most small Avg Hours Per Response: 7 minutes. information collection should be sent and medium sized companies report Needs and Uses: The Bureau of the within 30 days of publication of this every three months and are asked to Census conducts the Monthly notice to Jerry Coffey, OMB Desk report data for the two most recent Wholesale Trade Survey to obtain sales Officer, room 10201, New Executive months. The current design is and inventory data from a sample of Office Building, Washington, DC 20503. 30592 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Dated: June 6, 1996. Written comments and calling or writing Dan Haigler, Acting Dan Haigler, recommendations for the proposed DOC Forms Clearance Officer, (202) Acting Departmental Forms Clearance information collection should be sent 482–3272, Department of Commerce, Officer, Office of Management and within 30 days of publication of this room 5312, 14th and Constitution Organization. notice to Jerry Coffey, OMB Desk Avenue, NW, Washington, DC 20230. [FR Doc. 96–15242 Filed 6–14–96; 8:45 am] Officer, room 10201, New Executive Written comments and BILLING CODE 3510±07±F Office Building, Washington, DC 20503. recommendations for the proposed Dated: June 10, 1996. information collection should be sent within 30 days of publication of this Dan Haigler, Submission For OMB Review; notice to Jerry Coffey, OMB Desk Comment Request Acting Departmental Forms Clearance Officer, room 10201, New Executive Officer, Office of Management and DOC has submitted to the Office of Organization. Office Building, Washington, DC 20503. Management and Budget (OMB) for [FR Doc. 96–15243 Filed 6–14–96; 8:45 am] Dated: June 10, 1996. clearance the following proposal for BILLING CODE 3510±07±F Dan Haigler, collection of information under the Acting Departmental Forms Clearance provisions of the Paperwork Reduction Officer, Office of Management and Act (44 U.S.C. chapter 35). Submission For OMB Review; Organization. Agency: Bureau of the Census. Comment Request [FR Doc. 96–15244 Filed 6–14–96; 8:45 am] Title: 1997 Economic Census Covering BILLING CODE 3510±07±F Retail Trade, Foodservices, Drinking DOC has submitted to the Office of Places, and Accommodations Sectors Management and Budget (OMB) for Form Number(s): Various. clearance the following proposal for Bureau of the Census Agency Approval Number: None. collection of information under the Type of Request: New collection. provisions of the Paperwork Reduction [Docket No. 960529150±6150±01] Burden: 993,000 hours in FY 1998; 1 Act (44 U.S.C. chapter 35). hour in FY 1996&7. Agency: Bureau of the Census. Survey of Environmental Products and Number of Respondents: 1,291,003. Title: 1997 Economic Census Covering Services Avg Hours Per Response: 46 minutes. the Wholesale Trade Sector. AGENCY: Bureau of the Census, Needs and Uses: The economic Form Number(s): Various. Commerce. census is the primary source of facts Agency Approval Number: None. ACTION: Notice of consideration. about the structure and functioning of Type of Request: New collection. the Nation’s economy and features Burden: 634,400 hours in FY 1998; 1 SUMMARY: Notice is hereby given that unique industry and geographic detail. hour in FY 1996&7. the Bureau of the Census is considering Economic census statistics serve as part Number of Respondents: 540,000. a proposal to conduct the Survey of of the framework for the national Avg Hours Per Response: 1 hour and Environmental Products and Services accounts and provide essential 10 minutes. for the year 1995 under the authority of information for government, business Needs and Uses: The economic Title 13, United States Code, Sections and the general public. The 1997 census is the primary source of facts 131 and 193. On the basis of Economic Census will cover virtually about the structure and functioning of information and recommendations every sector of the U. S. economy the Nation’s economy and features received by the Bureau of the Census including more than 1.1 million retail unique industry and geographic detail. and other agencies, the data have establishments, and more than .5 Economic census statistics serve as part significant application to the needs of million foodservices, drinking places, of the framework for the national the public and industry. accounts and provide essential and accommodations establishments. DATES: Any suggestions or The information collected from information for government, business recommendations concerning the businesses in this sector of the and the general public. The 1997 proposed survey should be submitted in economic census will produce basic Economic Census will cover virtually writing by July 17, 1996 in order to statistics by kind of business for number every sector of the U. S. economy receive consideration. including more than .5 million of establishments, sales, payroll, and ADDRESSES: Director, Bureau of the wholesale establishments. The employment. It also will yield a variety Census, Washington, D.C. 20233. of subject statistics, including sales by information collected from businesses FOR FURTHER INFORMATION CONTACT: merchandise line, sales by class of in this sector of the economic census Elinor Champion, Chief, Environmental, customer, and other industry–specific will produce basic statistics by kind of Technical and Innovation Branch, measures. business for number of establishments, Affected Public: Businesses or other sales, payroll, and employment. It also Manufacturing and Construction for–profit, individuals or households, will yield a variety of subject statistics, Division (301) 457–4683. not–for–profit institutions, state, local or including sales by merchandise line, SUPPLEMENTARY INFORMATION: The tribal government. sales by class of customer, and other primary users of these data will be Frequency: Every 5 years. industry–specific measures. numerous Government agencies, Respondent’s Obligation: Mandatory. Affected Public: Businesses or other including the Bureau of the Census, OMB Desk Officer: Jerry Coffey, (202) for–profit, individuals or households, Environmental Protection Agency, and 395–7314. not–for–profit institutions, state, local or the International Trade Administration. Copies of the above information tribal government. Other users include business firms, collection proposal can be obtained by Frequency: Every 5 years. academics, trade associations, and calling or writing Dan Haigler, Acting Respondent’s Obligation: Mandatory. research and consulting organizations. DOC Forms Clearance Officer, (202) OMB Desk Officer: Jerry Coffey, (202) The data will be used to measure and 482–3272, Department of Commerce, 395–7314. analyze the environmental industry and room 5312, 14th and Constitution Copies of the above information serve as a tool to promote international Avenue, NW, Washington, DC 20230. collection proposal can be obtained by trade of environmental goods. The Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30593 information to be developed from this designated on the records of the Board National Oceanic and Atmospheric survey is necessary for comprehensive as Foreign-Trade Zone No. 213, at the Administration and detailed measurement of sites described in the application, [Docket No. 950407092±6099±02] environmental goods and services. The subject to the Act and the Board’s data collected in this survey will be regulations, including Section 400.28, RIN: 0648±XX12 within the general scope and nature of and subject to the standard 2,000-acre Climate and Global Change Program those inquiries covered by the economic activation limit. census. AGENCY: Office of Global Programs, This survey has been submitted to the Signed at Washington, DC, this 5th day of June 1996. National Oceanic and Atmospheric Office of Management and Budget for Administration, Commerce. Foreign-Trade Zones Board. approval in accordance with the ACTION: Notice. Paperwork Reduction Act, Public Law Michael Kantor, 104–13. Copies of the proposed form are Secretary of Commerce, Chairman and SUMMARY: The Climate and Global made available on request to the Executive Officer. Change Program represents a National Director, Bureau of the Census, Oceanic and Atmospheric Attest: Washington, D.C. 20233. Administration (NOAA) contribution to John J. Da Ponte, Jr., Dated: May 29, 1996. evolving national and international Executive Secretary. Martha Farnsworth Riche, programs designed to improve our [FR Doc. 96–15319 Filed 6–14–96; 8:45 am] ability to observe, understand, predict, Director. Bureau of the Census. BILLING CODE 3510±DS±P and respond to changes in the global [FR Doc. 96–15231 Filed 6–14–96; 8:45 am] environment. This program builds on BILLING CODE 3510±07±P NOAA’s mission requirements and [Docket No. 48±96] longstanding capabilities in global change research and prediction. The Foreign-Trade Zones Board Foreign-Trade Zone No. 85, Everett, NOAA Program is a key contributing [Order No. 814] WA; Reissuance of Grant of Authority element of the U.S. Global Change Research Program (USGCRP), which is Grant of Authority; Establishment of a An application has been submitted to coordinated by the interagency Foreign-Trade Zone; Fort Myers, FL the Foreign-Trade Zones (FTZ) Board Committee on Environmental and Pursuant to its authority under the (the Board) by the Puget Sound Foreign- Natural Resources. NOAA’s program is Foreign-Trade Zones Act of June 18, Trade Zone Association, grantee of FTZ designed to complement other agency 1934, as amended (19 U.S.C. 81a–81u), 85, Everett, Washington, requesting the contributions to that national effort. the Foreign-Trade Zones Board (the reissuance of the grant of authority for DATES: Strict deadlines for submission Board) adopts the following Order: FTZ 85 to the Port of Everett, a to the FY 1997 process are: Letters of Whereas, by an Act of Congress Washington public corporation, which intent must be received at OGP no later approved June 18, 1934, an Act ‘‘To has concurrently requested to become than July 19, 1996. Full proposals must be received at OGP no later than provide for the establishment of foreign- the new grantee of the zone project. The September 20, 1996. trade zones in ports of entry of the application was submitted pursuant to United States, to expedite and Applicants who have not received a the provisions of the FTZ Act, as response to their letter of intent by encourage foreign commerce, and for amended (U.S.C. 81a–81u) and the other purposes,’’ as amended (19 U.S.C. August 9, 1996 should contact the regulations of the Board (15 CFR Part 81a–81u) (the Act), the Foreign-Trade program office. The time from target 400). It was formally filed on May 31, Zones Board (the Board) is authorized to date to grant award varies with program 1996. grant to qualified corporations the area. We anticipate that review of full privilege of establishing foreign-trade Public comment (original and 3 proposals will occur during late 1996 zones in or adjacent to U.S. Customs copies) is invited from interested parties through early 1997 and funding should ports of entry; (see FTZ Board address below). The begin during the spring of 1997 for most Whereas, the Lee County Port closing date for their receipt is July 17, approved projects. May 1, 1997, should Authority (the Grantee) has made 1996. be used as the proposed start date on proposals, unless otherwise directed by application to the Board (FTZ Docket A copy of the application will be 35–94, 59 FR 59398, 11/17/94), the appropriate Program Officer. available for public inspection at the Applicants should be notified of their requesting the establishment of a following location: Office of the foreign-trade zone at two sites in Fort status within 6 months. All proposals Executive Secretary, Foreign-Trade Myers, Florida, at and adjacent to the must be submitted in accordance with Zones Board, U.S. Department of Southwest Florida International Airport, the guidelines below. Failure to heed a Customs user fee airport; and, Commerce, Room 3716, 14th & these guidelines may result in proposals Whereas, notice inviting public Pennsylvania Avenue, NW, Washington, being returned without review. comment has been given in the Federal DC 20230. ADDRESSES: Proposals may be submitted Register, and the Board adopts the Dated: June 10, 1996. to: Office of Global Programs, National findings and recommendations of the John J. Da Ponte, Jr., Oceanic and Atmospheric Administration, 1100 Wayne Avenue, examiner’s report and finds that the Executive Secretary. requirements of the Act and the Board’s Suite 1225, Silver Spring, MD 20910– [FR Doc. 96–15320 Filed 6–14–96; 8:45 am] regulations are satisfied, and that 5603. approval of the application is in the BILLING CODE 3510±DS±P FOR FURTHER INFORMATION CONTACT: Irma public interest; dePree at the above address, or at Now, Therefore, the Board hereby phone: (301) 427–2089 ext. 17, fax: (301) grants to the Grantee the privilege of 427–2073, Internet: establishing a foreign-trade zone, [email protected]. 30594 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

SUPPLEMENTARY INFORMATION: observed or anticipated changes in the • Education—contact: Daphne Funding Availability global environment. NOAA has a range Gemmill, NOAA/Office of Global of unique facilities and capabilities that Programs, Silver Spring, MD; 301–427– NOAA believes that the Climate and can be applied to Climate and Global 2089 ext. 20, Internet: Global Change Program will benefit Change investigations. Proposals that [email protected]. significantly from a strong partnership seek to exploit these resources in • GCIP (GEWEX Continental-Scale with outside investigators. Current collaborative efforts between NOAA and International Project)—contact: Rick Program plans assume that over 50% of extramural investigators are encouraged. Lawford, NOAA/Programs, Silver the total resources provided through Spring, MD; 301–427–2089 ext. 40, this announcement will support Program Priorities Internet: [email protected]. extramural efforts, particularly those In FY 1997, NOAA will give priority • Global Ocean—Atmosphere—Land involving the broad academic attention to individual proposals in the System (GOALS) and Pan-American community. Because of ongoing debates areas listed below. Investigators are Climate Studies (PACS)—contact: on the Federal budget, it is uncertain asked to specify clearly which of these Michael Patterson, NOAA/Office of how much money will be available areas is being pursued. The names, Global Programs, Silver Spring, MD; through this announcement. Actual affiliations and phone numbers of 301–427–2089 ext. 12, Internet: funding levels will depend upon the relevant Climate and Global Change [email protected]. final FY 1997 budget appropriations. Program Officers are provided. Funding • Ocean-Atmosphere Carbon This Program Announcement is for for some programs may be limited to Exchange Study (OACES)—contact: projects to be conducted by ongoing projects or may be used to fund James F. Todd, NOAA/Global Programs, investigators both inside and outside of projects proposed in FY 1996 that were Silver Spring, MD; 301–427–2089 ext. NOAA, primarily over a one, two or unable to be funded due to unusual 32, Internet: [email protected]. • three year period. The funding budgetary circumstances. Prospective Paleoclimatology—contact: Mark instrument for extramural awards will applicants should communicate with Eakin, NOAA/Global Programs, Silver be a grant unless it is anticipated that Program Officers for information on Spring, MD; 301–427–2089 ext. 19, NOAA will be substantially involved in priorities within program elements and Internet: [email protected] or the implementation of the project, in prospects for funding. Applicants Jonathan Overpeck, NOAA/National which case the funding instrument should send letters of intent and Geophysical Data Center, Boulder, CO; should be a cooperative agreement. proposals to the NOAA Office of Global 303–497–6172, Internet: Examples of substantial involvement Programs rather than to individual [email protected]. may include but are not limited to Program Officers, unless specifically proposals for collaboration between Eligibility instructed otherwise. NOAA or NOAA scientists and a Extramural eligibility is not limited • Atlantic Climate Change/World recipient scientist or technician and/or and is encouraged with the objective of Ocean Circulation Experiment—contact: contemplation by NOAA of detailing developing a strong partnership with David Goodrich, NOAA/Global Federal personnel to work on proposed the academic community. Non- Programs, Silver Spring, MD; 301–427– projects. NOAA will make decisions academic proposers are urged to seek 2089 ext. 38, Internet: regarding the use of a cooperative collaboration with academic agreement on a case-by-case basis. [email protected]. • institutions. Universities, non-profit Funding for non-U.S. institutions and Atmospheric Chemistry—contact: organizations, for profit organizations, contractual arrangements for services Joel Levy, NOAA/Office of Global State and local governments, and Indian and products for delivery to NOAA are Programs, 301–427–2089 ext. 21, Tribes, are included among entities not available under this announcement. Internet: [email protected]. • eligible for funding under this Matching share is not required by this Climate Change Data and announcement. While not a prerequisite program. Detection—contact: Bill Murray, NOAA/ for funding, applicants are encouraged Global Programs, Silver Spring, MD; Program Authority to consider conducting their research in 301–427–2089 ext. 26, Internet: one or more of the National Marine Authority: 49 U.S.C. App. 1463; 33 U.S.C. [email protected]. • Estuarine Research Reserve System or 883d, 883e; 15 U.S.C. 2904; 15 U.S.C. 2931 Climate Observations—contact: Rex National Marine Sanctuary sites. For et seq. Fleming, NOAA/OAR, Boulder, CO, further information on these field (CFDA No. 11.431)—Climate and 303/497–8165, Internet: laboratory sites, contact Dr. Dwight Atmospheric Research [email protected]; Bill Murray Trueblood, NOAA/NOS, 301–713–3145 (for atmosphere and land surface Program Objectives ext. 174. observations), NOAA/Global Programs, The NOAA Climate and Global The long term objective of the Climate Silver Spring, MD; 301/427–2089 ext. Change Program has been approved for and Global Change Program is to 26, Internet: [email protected]; or multi-year funding up to a three year provide reliable predictions of climate Mike Johnson (for ocean observations), duration. Funding for non-U.S. change and associated regional NOAA/Global Programs, Silver Spring, institutions is not available under this implications on time scales ranging MD; 301–427–2089 ext. 62, Internet: announcement. from seasons to a century or more. [email protected]. NOAA believes that climate variability • Economics and Human Dimensions Letters of Intent across these time scales can be modelled of Climate Fluctuations—contact: Letters of Intent: (1) Letters should be with an acceptable probability of Claudia Nierenberg, NOAA/Global no more than two pages in length and success and are the most relevant for Programs, Silver Spring, MD; 301–427– include the name and institution of fundamental social concerns. Predicting 2089 ext. 46, Internet: principal investigator(s), a statement of the behavior of the coupled ocean- [email protected] or Caitlin the problem, brief summary of work to atmosphere-land surface system will be Simpson, NOAA/Global Programs, be completed, approximate cost of the NOAA’s primary contribution to a Silver Spring, MD; 301–427–2089 ext. project, and program element(s) to successful national effort to deal with 47, Internet: [email protected]. which the proposal should be directed. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30595

(2) Evaluation will be by program substantially duplicate other projects on a separate page, headed with the management, according to the selection that are currently funded by NOAA or proposal title, institution(s) criteria for full proposals described are approved for funding by other investigator(s), total proposed cost and above. (3) It is in the best interest of federal agencies (b) select the proposals budget period. applicants and their institutions to to be funded, (c) determine the total (3.) Results from prior research: The submit letters of intent; however, it is duration of funding for each proposal, results of related projects supported by not a requirement. (4) Facsimile and and (d) determine the amount of funds NOAA and other agencies should be electronic mail are acceptable for letters available for each proposal. Awards are described, including their relation to the of intent only. (5) Projects deemed not necessarily made to the highest- currently proposed work. unsuitable during program review scored proposals. Unsatisfactory Reference to each prior research should not be submitted as full performance by a recipient under prior award should include the title, agency, proposals. Federal awards may result in an award number, PIs, period of award and application not being considered for Evaluation Criteria total award. The section should be a funding. brief summary and should not exceed Consideration for financial assistance Proposal Submission two pages total. will be given to those proposals which (4.) Statement of work: The proposed address one of the Program Priorities The guidelines for proposal project must be completely described, listed below and meet the following preparation provided below are including identification of the problem, mandatory. Failure to heed these evaluation criteria: scientific objectives, proposed guidelines may result in proposals being (1.) Scientific Merit (20%): Intrinsic methodology, relevance to the goal of scientific value of the subject and the returned without review. (a) Full Proposals: (1) Proposals the Climate and Global Change Program, study proposed. and the program priorities listed above. (2.) Relevance (20%): Importance and submitted to the NOAA Climate and Global Change Program must include Benefits of the proposed project to the relevance to the goal of the Climate and general public and the scientific Global Change Program and to the the original and two unbound copies of the proposal. (2) Investigators are not community should be discussed. A research areas listed above. year-by-year summary of proposed work (3.) Methodology (20%): Focused required to submit more than 3 copies must be included clearly indicating that scientific objective and strategy, of the proposal, however, the normal each year’s proposed work is severable including measurement strategies and review process requires 20 copies. and can easily be separated into annual data management and consideration; Investigators are encouraged to submit increments of meaningful work. The project milestones; and final products. sufficient proposals copies for the full (4.) Readiness (20%): Nature of the review process if they wish all statement of work, including references problems; relevant history and statue of reviewers to receive color, unusually but excluding figures and other visual existing work; level of planning, sized (not 8.5×11′′), or otherwise materials, must not exceed 15 pages of including existence of supporting unusual materials submitted as part of text. Investigators wishing to submit documents; strength of proposed the proposal. Only three copies of the group proposals that exceed the 15 page scientific and management team; past Federally required forms are needed. (3) limit should discuss this possibility performance record of proposers. Proposals must be limited to 30 pages with the appropriate Program Officer (5.) Linkages (10%): Connections to (numbered), including budget, prior to submission. In general, existing or planned national and investigators vitae, and all appendices, proposals from 3 or more investigators international programs; partnerships and should be limited to funding may include a statement of work with other agency or NOAA requests for one to three year duration. containing up to 15 pages of overall participants, where appropriate. Appended information may not be used project description plus up to 5 (6.) Costs (10%): Adequacy of to circumvent the page length limit. additional pages for individual project proposed resources; appropriate share of Federally mandated forms are not descriptions. total available resources; prospects for included within the page count. (4) (5.) Budget: Applicants must submit a joint funding; identification of long-term Proposals should be sent to the NOAA Standard Form 424 (4–92) ‘‘Application commitments. Office of Global Programs at the above for Federal Assistance,’’ including a detailed budget using the Standard Section Procedures address. (5) Facsimile transmissions and electronic mail submission of full Form 424a (4–92), ‘‘Budget All proposals will be evaluated and proposals will not be accepted. Information—Non-Construction ranked in accordance with the assigned (b) Required Elements: All proposals Programs.’’ The form is included in the weights of the above evaluation criteria should include the following elements: standard NOAA application kit. The by (1) independent peer mail review, (1.) Signed title page: The title page proposal must include total and annual and/or (2) independent peer panel should be signed by the Principal budgets corresponding with the review; both NOAA and non-NOAA Investigator (PI) and the institutional descriptions provided in the statement experts in the field may be used in this representative and should clearly of work. Additional text to justify process. Their recommendations and indicate which project area is being expenses should be included as evaluations will be considered by the addressed. The PI and institutional necessary. Program Manager/Officer in final representative should be identified by (6.) Vitae: Abbreviated curriculum selections. Those ranked by the panel full name, title, organization, telephone vitae are sought with each proposal. and program as not recommended for number and address. The total amount Reference lists should be limited to all funding will not be given further of Federal funds being requested should publications in the last three years with consideration and will be notified of be listed for each budget period. up to five other relevant papers. non-selection. For the proposals rated (2.) Abstract: An abstract must be (7.) Current and pending support: For either Excellent, Very Good or Good, the included and should contain an each investigator, submit a list that Program Manager will: (a) Ascertain introduction of the problem, rationale includes project title, supporting agency which proposals meet the objectives, fit and a brief summary of work to be with grant number, investigator months, the criteria posted, and do not completed. The abstract should appear dollar value and duration. Requested 30596 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices values should be listed for pending Lobbying Activities.’’ Form CD–512 is authorized to be purchased with support. intended for the use of recipients and funding provided under this program (8.) List of suggested reviewers: The should not be transmitted to DOC. SF– must be American-made to the cover letter may include a list of LLL submitted by any tier recipient or maximum extent feasible. individuals qualified and suggested to subrecipient should be submitted to (9.) The total dollar amount of the review the proposal. It also may include DOC in accordance with the indirect costs proposed in an a list of individuals that applicants instructions contained in the award application under this program must not would prefer to not review the proposal. document. Such lists may be considered at the (2.) Recipients and subrecipients are exceed the indirect cost rate negotiated discretion of the Program Officer. subject to all applicable Federal laws and approved by a cognizant Federal (c) Other requirements: and Federal and Department of agency prior to the proposed effective (1.) Applicants may obtain a standard Commerce policies, regulations, and date of the award or 100 percent of the NOAA application kit from the Program procedures applicable to Federal total proposed direct cost dollar amount Office. financial assistance awards. in the application, whichever is less. Primary applicant Certification—All (3.) Preaward Activities—If applicants (d) If an application is selected for primary applicants must submit a incur any costs prior to an award being funding, the Department of Commerce completed Form CD–511. ‘‘Certification made, they do so solely at their own risk Regarding Debarment, Suspension and has no obligation to provide any of not being reimbursed by the additional future funding in connection Other Responsibility Matters; Drug-Free Government. Notwithstanding any Workplace Requirements and with the award. Renewal of an award to verbal assurance that may have been increase funding or extend the period of Lobbying’’. Applicants are also hereby received, there is no obligation to the performance is at the total discretion of notified of the following: applicant on the part of Department of the Department of Commerce. 1. Nonprocurement Debarment and Commerce to cover preaward costs. Suspension—Prospective participants (4.) This program is subject to the (e) In accordance with Federal (as defined at 15 CFR Part 26, section requirements of OMB Circular No. A– statutes and regulations, no person on 105) are subject to 15 CFR Part 26, 110, ‘‘Uniform Administrative grounds of race, color, age, sex, national ‘‘Nonprocurement Debarment and Requirements for Grants and Other origin or disability shall be excluded Suspension,’’ and the related section of Agreements with Institutions of Higher from participation in, denied benefits of, the certification form prescribed above Education, Hospitals, and Other Non- or be subjected to discrimination under applies; Profit Organizations,’’ and 15 CFR Part any program or activity receiving 2. Drug Free Workplace—Grantees (as 24, ‘‘Uniform Administrative financial assistance from the NOAA defined at 15 CFR part 26, section 605) Requirements for Grants and are subject to 15 CFR Part 26, Subpart Climate and Global Change Program. Cooperative Agreements to State and The NOAA Climate and Global Change F, ‘‘Governmentwide Requirements for Local Governments,’’ as applicable. Drug-Free Workplace (Grants)’’ and the Program does not have direct TDD Applications under this program are not (Telephonic Device for the Deaf) related section of the certification form subject to Executive Order 12372, prescribed above applies; capabilities, but can be reached through ‘‘Intergovernmental Review of Federal the State of Maryland supplied TDD 3. Anti-Lobbying—Persons (as defined Programs.’’ at 15 CFR Part 28, section 105) are (5.) All non-profit and for-profit contact number, 800–735–2258, subject to the lobbying provisions of 31 applicants are subject to a name check between the hours of 8:00 a.m.–4:30 U.S.C. 1352, ‘‘Limitation on use of review process. Name checks are p.m. appropriated funds to influence certain intended to reveal if any key individuals Classification: This notice has been Federal contracting and financial associated with the applicant have been determined to be not significant for transactions,’’ and the lobbying section convicted of, or are presently facing purposes of Executive Order 12866. The of the certification form prescribed criminal charges such as fraud, theft, standard forms have been approved by above applies to applications/bids for perjury, or other matters which the Office of Management and Budget grants, cooperative agreements, and significantly reflect on the applicant’s pursuant to the Paperwork Reduction contracts for more than $100,000, and management, honesty, or financial Act under OMB approval number 0348– loans and loan guarantees for more than integrity. 0043, 0348–0044, and 0348–0046. $150,000, or the single family maximum (6.) A false statement on an mortgage limit for affected programs, application is grounds for denial or Dated: June 2, 1996. whichever is greater; and termination of funds and grounds for J. Michael Hall, 4. Anti-Lobbying Disclosures—Any possible punishment by a fine or Director, Office of Global Programs, National applicant that has paid or will pay for imprisonment as provided in 18 U.S.C. Oceanic and Atmospheric Administration. lobbying using any funds must submit 1001. [FR Doc. 96–15258 Filed 6–14–96; 8:45 am] an SF–LLL, ‘‘Disclosure of Lobbying (7.) No award of Federal funds shall BILLING CODE 3510±12±M Activities,’’ as required under 15 CFR be made to an applicant who has an part 28, appendix B. outstanding delinquent Federal debt Lower Tier Certifications—Recipients until either: must require applicants/bidders for (i) The delinquent account is paid in subgrants, contracts, subcontracts, or full, lower tier covered transactions at any (ii) A negotiated repayment schedule tier under the award to submit, if is established and at least one payment applicable, a completed Form CD–512, is received, or ‘‘Certifications Regarding Debarment, (iii) Other arrangements satisfactory to Suspension, Ineligibility and Voluntary the Department of Commerce are made. Exclusion-Lower Tier Covered (8.) Buy American-Made Equipment Transactions and Lobbying’’ and or Products—Applicants are encouraged disclosure form SF–LLL, ‘‘Disclosure of that any equipment or products Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30597

COMMITTEE FOR THE Federal Register notice 60 FR 65299, Category Amount to be entered IMPLEMENTATION OF TEXTILE published on December 19, 1995). AGREEMENTS Troy H. Cribb, Silk Apparel Group 733, 734, 735, 736, 51,915,694 square Chairman, Committee for the Implementation 738, 739, 740, meters equivalent. Extension of Staged Entry Period for of Textile Agreements. Certain Cotton, Wool, Man-Made Fiber, 741, 742, 743, 744, 745, 746, Silk Blend and Other Vegetable Fiber Committee for the Implementation of Textile Agreements 747, 748, 750, Textiles and Textile Products and Silk June 12, 1996. 751, 752, 758 and Apparel Products Produced or 759, as a group. Manufactured in the People's Republic Commissioner of Customs, Specific Limit within of China Department of the Treasury, Washington, DC Group 20229. 740 (Men's and boys' 495,543 dozen. June 12, 1996. Dear Commissioner: This directive shirts, not knit). amends, but does not cancel, the directives 741 (Women's and 1,236,580 dozen. AGENCY: Committee for the issued to you on November 30, 1995 and girls' shirts/ Implementation of Textile Agreements December 13, 1995, by the Chairman, blouses, not knit). (CITA). Committee for the Implementation of Textile 1 Category 359±V: only HTS numbers ACTION: Issuing a directive to the Agreements (CITA). Those directives concern imports of certain silk apparel and certain 6103.19.2030, 6103.19.9030, 6104.12.0040, Commissioner of Customs amending 6104.19.8040, 6110.20.1022, 6110.20.1024, cotton, wool, man-made fiber, silk blend and earlier directives with respect to textile 6110.20.2030, 6110.20.2035, 6110.90.9044, products from China. other vegetable fiber textile products, 6110.90.9046, 6201.92.2010, 6202.92.2020, produced or manufactured in the People’s 6203.19.1030, 6203.19.9030, 6204.12.0040, Republic of China and exported from China EFFECTIVE DATE: June 14, 1996. 6204.19.8040, 6211.32.0070 and during the twelve-month period beginning on 6211.42.0070. FOR FURTHER INFORMATION CONTACT: January 1, 1996 and extending through 2 Category 659±S: only HTS numbers Jennifer Aldrich, International Trade December 31, 1996. 6112.31.0010, 6112.31.0020, 6112.41.0010, Specialist, Office of Textiles and The above directives are hereby amended 6112.41.0020, 6112.41.0030, 6112.41.0040, Apparel, U.S. Department of Commerce, to the extent necessary to facilitate 6211.11.1010, 6211.11.1020, 6211.12.1010 (202) 482–4212. implementation of the directive of the Office and 6211.12.1020. of the U.S. Trade Representative to the Goods exported in excess of the amounts SUPPLEMENTARY INFORMATION: Commissioner of Customs regarding textile allowed during the previous 30-day staged Authority: Executive Order 11651 of March products from China dated June 12, 1996, entry period, beginning on May 15, 1996 and 3, 1972, as amended; section 204 of the issued pursuant to section 301 of the Trade extending through June 13, 1996 (see letter Agricultural Act of 1956, as amended (7 Act of 1974, as amended. For your dated May 15, 1996) may be entered during U.S.C. 1854). information, entry of the following categories the June 14, 1996 through July 13, 1996 of textile products, produced or period. At the request of the Office of the U.S. manufactured in the People’s Republic of Textile products in the above group and Trade Representative, a notice China, is hereby limited, over the 30-day categories will be sublimits to the calendar published in the Federal Register on period (commencing with exports from China year limits for the same group and categories May 17, 1996 (61 FR 24919) amended on or after June 14, 1996) to the following established in the directives dated November previous directives which established amounts: 30, 1995 and December 13, 1995. limits for certain textile products, Categories 740 and 741 will be subject to Category Amount to be entered produced or manufactured in China and specific limits for the June 14, 1996 through July 13, 1996 period,and subject to the Silk exported during 1996. (Also see 61 FR Sublevels in Group I Group limit for the same period. The June 14, 25000, published on May 17, 1996.) 218 ...... 1,631,752 square me- 1996 through July 13, 1996 period for the The Office of the U.S. Trade ters. 317/326 ...... 2,961,510 square me- Silk Group, however, shall be a sublevel of Representative has decided to extend the Silk Group for the 1996 calendar year. the staged entry period of certain goods ters. 338/339 ...... 355,559 dozen. Charges for the 1996 calendar year limits for produced or manufactured in China and 341 ...... 97,889 dozen. Categories 740 and 741 will be provided by exported from China for an additional 347/348 ...... 360,698 dozen. CITA for goods exported during the June 14, 30-day period beginning on June 14, 352 ...... 270,175 dozen. 1996 through July 13, 1996 period. 1996. 359±V 1 ...... 122,273 kilograms. The Committee for the Implementation of This action is being taken to facilitate 360 ...... 1,076,438 numbers. Textile Agreements has determined that implementation of a further request to 361 ...... 601,945 numbers. these actions fall within the foreign affairs CITA from the Office of the U.S. Trade 447 ...... 11,595 dozen. exception to the rulemaking provisions of 5 Representative in accordance with 448 ...... 3,259 dozen. U.S.C. 553(a)(1). Sincerely, section 301 of the Trade Act of 1974, as 638/639 ...... 354,776 dozen. amended. 641 ...... 194,097 dozen. Troy H. Cribb, 642 ...... 45,002 dozen. Chairman, Committee for the Implementation A description of the textile and 647 ...... 226,428 dozen. of Textile Agreements. apparel categories in terms of HTS 648 ...... 161,781 dozen. [FR Doc. 96–15351 Filed 6–13–96; 8:45 am] numbers is available in the 649 ...... 131,463 dozen. CORRELATION: Textile and Apparel 650 ...... 16,367 dozen. BILLING CODE 3510±DR±F Categories with the Harmonized Tariff 652 ...... 376,963 dozen. Schedule of the United States (see 659±S 2 ...... 87,044 kilograms. 840 ...... 69,473 dozen. 842 ...... 38,367 dozen. 847 ...... 183,392 dozen. 30598 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Establishment and Amendment of only in the implementation of certain of DEPARTMENT OF ENERGY Import Limits for Certain Cotton and its provisions. Man-Made Fiber Textile Products Troy H. Cribb, Federal Energy Regulatory Commission Produced or Manufactured in Nepal Chairman, Committee for the Implementation of Textile Agreements. June 11, 1996. [Docket No. RP95±408±010] Committee for the Implementation of Textile AGENCY: Committee for the Agreements Implementation of Textile Agreements Columbia Gas Transmission June 11, 1996. (CITA). Corporation; Notice of Compliance Commissioner of Customs, Filing ACTION: Issuing a directive to the Department of the Treasury, Washington, DC Commissioner of Customs establishing 20229. June 11, 1996. and increasing limits. Dear Commissioner: This directive cancels, Take notice that on June 5, 1996, effective on June 17, 1996, the directive Columbia Gas Transmission Corporation EFFECTIVE DATE: June 17, 1996. issued to you on December 15, 1995, by the (Columbia) tendered for filing to become Chairman, Committee for the Implementation FOR FURTHER INFORMATION CONTACT: part of its FERC Gas Tariff, Second of Textile Agreements (CITA), which directed Janet Heinzen, International Trade Revised Volume No. 1, the following you to count imports for consumption and revised tariff sheets, to be effective June Specialist, Office of Textiles and withdrawals from warehouse for 6, 1996: Apparel, U.S. Department of Commerce, consumption of textile products in Category (202) 482–4212. For information on the 642 produced or manufactured in Nepal and Third Revised Sheet No. 374 quota status of these limits, refer to the exported during the period November 28, Second Revised Sheet No. 385 Quota Status Reports posted on the 1995 through November 27, 1996. Import bulletin boards of each Customs port or charges already made to Category 642 shall Columbia states that the purpose of call (202) 927–5850. For information on be retained. this filing is to comply with the tariff embargoes and quota re-openings, call This directive amends, but does not cancel, changes directed to be made in (202) 482–3715. the directive issued to you on November 29, Columbia Gas Transmission Corp., 75 1995, by the Chairman of CITA. That FERC ¶ 61,199 (1996). In compliance SUPPLEMENTARY INFORMATION: directive concerns imports of certain cotton with that order, and as further explained Authority: Executive Order 11651 of March and man-made fiber textile products, in Columbia’s filing, Columbia is 3, 1972, as amended; section 204 of the produced or manufactured in Nepal and making tariff changes to allow for Agricultural Act of 1956, as amended (7 exported during the twelve-month period certain permissible cost-free inventory U.S.C. 1854). which began on January 1, 1996 and extends transfers among SIT service agreements; through December 31, 1996. to incorporate procedures for posting The Governments of the United States Effective on June 17, 1996 , you are information concerning any grant of and the Kingdom of Nepal agreed to directed, pursuant to exchange of notes dated emergency relief from interruption in amend and extend their current bilateral April 18, 1996 and April 30, 1996 between the event of a firm capacity curtailment agreement for three additional years, the Governments of the United States and the on Columbia’s system (Section 16.5 of until December 31, 2000. The two Kingdom of Nepal, to establish a limit for the General Terms and Conditions newly merged Categories 342/642 and governments agreed to establish a limit (GTC)); to provide for the maintenance increase the current limit for Categories 336/ for merged Categories 342/642 and to and availability of information on such increase the 1996 base limit for 636 for the period January 1, 1996 through December 31, 1996, as follows: grants of relief; and to extend Categories 336/636. assessment of the $25 per dekatherm In the letter published below, the Category Twelve-month limit 1 penalty in GTC section 16.5 to parties Chairman of CITA directs the receiving such emergency relief on the Commissioner of Customs to establish a 342/642 ...... 262,764 dozen. basis of materially false representations. limit for newly merged Categories 342/ 336/636 ...... 208,450 dozen. Columbia states that copies of its 642 for the period beginning on January 1 The limits have not been adjusted to ac- filing have been mailed to all firm 1, 1996 and extending through count for any imports exported after December customers, affected state commissions December 31, 1996 and to increase the 31, 1995. and interruptible customers that have current limit for Categories 336/636. Adjustment to import charges for Category made a standing request for service of A description of the textile and 642 will be provided at a later date. filings. apparel categories in terms of HTS The Committee for the Implementation of Any person desiring to protest this numbers is available in the Textile Agreements has determined that filing should file a protest with the CORRELATION: Textile and Apparel these actions fall within the foreign affairs Federal Energy Regulatory Commission, Categories with the Harmonized Tariff exception to the rulemaking provisions of 5 888 First Street, N.E., Washington, D.C. Schedule of the United States (see U.S.C. 553(a)(1). 20426, in accordance with Section Federal Register notice 60 FR 65299, Sincerely, 385.211 of the Commission’s Rules and published on December 19, 1995). Also Troy H. Cribb, Regulations. All such protests must be see 60 FR 62410, published on Chairman, Committee for the Implementation filed as provided in Section 154.210 of December 6, 1995; and 60 FR 66269, of Textile Agreements. the Commission’s regulations. Protests published on December 21, 1995. [FR Doc. 96–15260 Filed 6–14–96; 8:45 am] will be considered by the Commission The letter to the Commissioner of BILLING CODE 3510±DR±F in determining the appropriate action to Customs and the actions taken pursuant be taken, but will not serve to make to it are not designed to implement all protestants parties to the proceedings. of the provisions of the bilateral Copies of this filing are on file with the agreement, but are designed to assist Commission and are available for public Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30599 inspection in the Public Reference Commission and are available for public [Docket No. GT96±62±000] Room. inspection in the public reference room. Transcontinental Gas Pipe Line Lois D. Cashell, Lois D. Cashell, Corporation; Notice of Refund Report Secretary. Secretary. [FR Doc. 96–15237 Filed 6–14–96; 8:45 am] [FR Doc. 96–15235 Filed 6–14–96; 8:45 am] June 11, 1996. BILLING CODE 6717±01±M BILLING CODE 6717±01±M Take notice that on May 28, 1996, Transcontinental Gas Pipe Line [Docket No. RP96±270±000] Corporation (Transco) tendered for [Docket No. RP96±253±001] filing a refund report in accordance with Northern Natural Gas Company; Notice Section 4 of Transco’s Rate Schedule Natural Gas Pipeline Company of of Proposed Changes in FERC Gas FT–NT. America; Notice of Proposed Changes Tariff Transco states that the report shows in FERC Gas Tariff the flow through of refunds to Transco’s June 11, 1996. FT–NT customers resulting from a June 11, 1996. Take notice that on June 6, 1996, refund received from Texas Gas Northern Natural Gas Company Take notice that on June 6, 1996, Transmission Corporation (Texas Gas) (Northern), tendered for filing to become in accordance with the Stipulation and Natural Gas Pipeline Company of part of Northern’s FERC Gas Tariff, Fifth America (Natural) tendered for filing as Agreement in Texas Gas’s general rate Revised Volume No. 1, the following case Docket No. RP94–423, et al., part of its FERC Gas Tariff, Sixth tariff sheets proposed to be effective July approved by the Commission on Revised Volume No. 1, Fourth Revised 6, 1996: February 20, 1996. Sheet No. 20, to be effective July 1, Second Revised Sheet No. 134 Transco further states that on May 24, 1996. Second Revised Sheet No. 135 1996, it flowed through refunds totalling Natural states that the filing is Second Revised Sheet No. 136 $3,494,793.30, including interest of submitted pursuant to Section 2.6(b) of First Revised Sheet No. 137 $185,030.00, to its FT–NT customers for the General Terms and Conditions of Second Revised Sheet No. 138 Second Revised Sheet No. 139 the referenced Texas Gas refund for the Natural’s FERC Gas Tariff, Sixth Revised Second Revised Sheet No. 140 period April 1, 1995 through October Volume No. 1 [Section 2.6(b)]. Section Second Revised Sheet No. 141 31, 1995. 2.6(b) allows Natural to file a one-time First Revised Sheet No. 142 Any person desiring to be heard or to adjustment to its rates under Rate First Revised Sheet No. 144 protest said filing should file a motion Schedule DSS to reflect the cost of Second Revised Sheet No. 441 to intervene or protest with the Federal cushion gas Natural must provide to First Revised Sheet No. 442 Energy Regulatory Commission, 888 replace that previously provided by Northern states that it is herein First Street, N.E., Washington, D.C., customers but returned by Natural to proposing a number of modifications to 20426, in accordance with Section customers upon expiration of Rate simplify, clarify and enhance flexibility 385.214 and 385.211 of the Schedules S–1, LS–2 and LS–3. within its firm and interruptible storage Commission’s Rules of Regulations. All service Rate Scheduled FDD and IDD, such petitions or protests must be filed On June 6, 1996, Natural withdrew respectively. Northern is not proposing on or before June 18, 1996. All protests Fourth Revised Sheet No. 20 filed on any change to the rates or rate structure. will be considered by the Commission May 31, 1996, and submitted Fifth Northern states that copies of the in determining the appropriate action to Revised Sheet No. 20 for the sole filing were served upon Northern’s be taken in this proceeding, but will not purpose of correcting a pagination error. customers and interested State serve to make Protestant a party to the Natural requested waivers of its Tariff Commissions. proceeding. Any person wishing to and the Commission’s Regulations, Any person desiring to be heard or to become a party must file a motion to including the requirements of Section protest said filing should file a motion intervene. Copies of this filing are on 154.63, to the Extent necessary to permit to intervene or protest with the Federal file with the Commission and are Fifth Revised Sheet No. 20 to become Energy Regulatory Commission, 888 available for public inspection in the effective July 1, 1996. First Street, N.E., Washington, D.C., Public Reference Room. Natural states that copies of the filing 20426, in accordance with Sections Lois D. Cashell, are being mailed to Natural’s 385.214 and 385.211 of the Secretary. jurisdictional customers and interested Commission’s Rules and Regulations. [FR Doc. 96–15239 Filed 6–14–96; 8:45 am] All such petitions or protests must as state regulatory agencies. BILLING CODE 6717±01±M provided in Section 154.210 of the Any person desiring to protest said Commission’s Regulations. All protests filing should file a protest with the will be considered by the Commission Federal Energy Regulatory Commission, in determining the appropriate action to [Project No. 2058] 888 First Street, N.E., Washington, D.C. be taken in this proceeding, but will not Washington Water Power Company; 20426, in accordance with Section serve to make Protestant a party to the Errata Notice to Notice of Intent to File 385.211 of the Commission’s Rules and proceeding. Any person wishing to Application for New License Regulations. All such protests must be become a party must file a motion to filed as provided in Section 154.210 of intervene. Copies of this filing are on June 11, 1996. the Commission’s Regulations. Protests file with the Commission and are In the Notice of Intent to File will be considered by the Commission available for inspection. Application for New License issued on in determining the appropriate action to Lois D. Cashell, May 28, 1996 and published on June 7, be taken, but will not serve to make Secretary. 1996, in the Federal Register (61 FR protestants parties to the proceeding. [FR Doc. 96–15234 Filed 6–14–96; 8:45 am] 29088), the following corrections should Copies of this filing are on file with the BILLING CODE 6717±01±M be made: 30600 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

In item ‘‘h’’, the effective date of the [Docket No. ER96±1933±000, et al.] with Louisville Gas & Electric Company original license should read March 1, (LG&E) under PECO’s FERC Electric 1951, instead of January 10, 1951. Gelber Group Inc., et al.; Electric Rate Tariff, First Revised Volume No. 4 In item ‘‘i’’, the expiration date of the and Corporate Regulation Filings (Tariff). The Service Agreement adds original should read February 28, 2001, June 11, 1996. LG&E as a customer under the Tariff. instead of January 9, 2001. Take notice that the following filings PECO requests an effective date of In item ‘‘m’’, last sentence, the have been made with the Commission: May 23, 1996, for the Service deadline for filing applications for Agreement. license for this project should read 1. Gelber Group, Inc. PECO states that copies of this filing February 28, 1999, instead of January 9, [Docket No. ER96–1933–000] have been supplied to LG&E and to the 1999. Take notice that on May 28, 1996, Pennsylvania Public Utility Lois D. Cashell, Gelber Group, Inc. tendered for filing a Commission. Comment date: June 25, 1996, in Secretary. Petition for Blanket Authorizations, accordance with Standard Paragraph E [FR Doc. 96–15238 Filed 6–14–96; 8:45 am] Certain Waivers, and Order Approving at the end of this notice. BILLING CODE 6717±01±M Rate Schedule Governing Market Based Sales of Energy and Capacity. 6. Entergy Services, Inc. Comment date: June 25, 1996, in accordance with Standard Paragraph E [Docket No. ER96–1974–000] [Docket No. RP96±226±001] at the end of this notice. Take notice that on May 31, 1996, Entergy Services, Inc. (Entergy Young Gas Storage Company, Ltd., 2. Unitil Power Corp. Services), on behalf of Entergy Notice of Proposed Changes in FERC Arkansas, Inc., Entergy Gulf States, Inc., Gas Tariff [Docket No. ER96–1936–000] Take notice that on May 28, 1996, Entergy Louisiana, Inc., Entergy June 11, 1996. Unitil Power Corp. tendered for filing Mississippi, Inc., and Entergy New Take notice that on June 6, 1996, two service agreements for service Orleans, Inc., (Entergy Operating Young Gas Storage Company, Ltd. under Unitil Power Corp., FERC Elec. Companies), tendered for filing a (Young) tendered for filing as part of its Tariff, Orig. Vol. No. 2. Transmission Service Agreement (TSA) FERC Gas Tariff, Original Volume No. 1, Comment date: June 25, 1996, in between Energy Services, Inc. and First Revised Tariff Sheet No. 6 and accordance with Standard Paragraph E Municipal Energy Agency of First Revised Sheet Nos. 7–8, to be at the end of this notice. Mississippi. Entergy Services states that effective June 1, 1996. the TSA sets out the transmission 3. Midwest Energy, Inc. arrangements under which the Entergy Young states that the filing is being Operating Companies provide firm filed to comply with the letter order [Docket No. ER96–1948–000] transmission service under their issued May 30, 1996, in Docket No. Take notice that on May 29, 1996, Transmission Service Tariff. RP96–226–000. Young states that the Midwest Energy, Inc. (Midwest) Comment date: June 25, 1996, in purpose of the filing is to correct the tendered for filing a Service Agreement accordance with Standard Paragraph E pagination of the tariff sheets being for Firm Transmission Service between at the end of this notice. filed. Midwest and Duke/Louis Dreyfus. Young requests any waiver necessary Comment date: June 25, 1996, in 7. Northeast Utilities Service Company accordance with Standard Paragraph E of the Commission’s Regulations to the [Docket No. ER96–1976–000] extent necessary to permit the tariff at the end of this notice. Take notice that on May 31, 1996, sheets to become effective June 1, 1996, 4. PECO Energy Company Northeast Utilities Service Company the start of the injection season. [Docket No. ER96–1972–000] (NUSCO), tendered for filing, on behalf Young states that copies of the filing Take notice that on May 31, 1996, of The Connecticut Light and Power are being served upon all parties in Company, Western Massachusetts Docket No. RP96–226–000. PECO Energy Company (PECO), filed a Service Agreement dated May 23, 1996, Electric Company, Holyoke Water Any person desiring to protest this with Louisville Gas & Electric Company Power Company, Holyoke Power and filing should file a protest with the (LG&E) under PECO’s FERC Electric Electric Company and Public Service Federal Energy Regulatory Commission, Tariff Original Volume No. 1 (Tariff). Company of New Hampshire (together, 888 First Street, NE., Washington, DC The Service Agreement adds LG&E as a the NU System Companies) an 20426, in accordance with Section customer under the Tariff. amendment to the Capacity Agreement 385.211 of the Commission’s Rules and PECO requests an effective date of previously filed by NUSCO. Regulations. All such protests must be May 23, 1996, for the Service NUSCO requests that the proposed filed as provided in Section 154.210 of Agreement. rate schedule changes be permitted to the Commission’s regulations. Protests PECO states that copies of this filing become effective June 1, 1996. NUSCO will be considered by the Commission have been supplied to LG&E and to the states that a copy of the filing has been in determining the appropriate action to Pennsylvania Public Utility mailed or delivered to the affected be taken, but will not serve to make Commission. parties. protestants parties to the proceedings. Comment date: June 25, 1996, in Comment date: June 25, 1996, in Copies of this filing are on file with the accordance with Standard Paragraph E accordance with Standard Paragraph E Commission and are available for public at the end of this notice. at the end of this notice. inspection in the Public Reference Room. 5. PECO Energy Company 8. Northeast Utilities Service Company Lois D. Cashell, [Docket No. ER96–1973–000] [Docket No. ER96–1977–000] Secretary. Take notice that on May 31, 1996, Take notice that on May 31, 1996, [FR Doc. 96–15236 Filed 6–14–96; 8:45 am] PECO Energy Company (PECO), filed a Northeast Utilities Service Company BILLING CODE 6717±01±M Service Agreement dated May 23, 1996, (NUSCO), tendered for filing, a Service Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30601

Agreement to provide non-firm point-to- NSP requests that the Commission 15. Ohio Edison Company Pennsylvania point transmission service to NorAm accept the agreements effective May 1, Power Company Energy Services, Inc. (NorAm) under the 1996, and requests waiver of the [Docket No. ER96–1984–000] NU System Companies’ Transmission Commission’s notice requirements in Service Tariff No. 8. order for the agreement to be accepted Take notice that on May 31, 1996, NUSCO states that a copy of this filing for filing on the date requested. Ohio Edison Company, tendered for has been mailed to NorAm. Comment date: June 25, 1996, in filing on behalf of itself and NUSCO requests that the Service accordance with Standard Paragraph E Pennsylvania Power Company, an Agreement become effective June 1, at the end of this notice. Agreement for Power Transactions with 1996. 12. Northern States Power Company Carolina Power & Light Company. This Comment date: June 25, 1996, in (Minnesota Company) initial rate schedule will enable the accordance with Standard Paragraph E parties to purchase and sell capacity at the end of this notice. [Docket No. ER96–1981–000] and energy in accordance with the terms 9. Boston Edison Company Take notice that on May 31, 1996, of the Agreement. Northern States Power Company [Docket No. ER96–1978–000] (Minnesota) (NSP), tendered for filing Comment date: June 25, 1996, in Take notice that on May 31, 1996, the following agreements: accordance with Standard Paragraph E Boston Edison Company (Boston • Transmission Service Agreement at the end of this notice. Edison), tendered for filing a Service between NSP and Otter Tail Power 16. Ohio Edison Company Pennsylvania Agreement and Appendix A under Company. Power Company Original Volume No. 6, Power Sales and • Transmission Service Agreement Exchange Tariff (Tariff) for Federal between NSP and Wisconsin Power and [Docket No. ER96–1985–000] Energy Sales, Inc. (Federal). Boston Light Company. Take notice that on May 31, 1996, Edison requests that the Service NSP requests that the Commission Ohio Edison Company, tendered for accept the agreements effective May 1, Agreement become effective as of June filing on behalf of itself and 1, 1996. 1996, and requests waiver of the Pennsylvania Power Company, an Edison states that it has served a copy Commission’s notice requirements in Agreement for Power Transactions with of this filing on Federal and the order for the agreement to be accepted Massachusetts Department of Public for filing on the date requested. Aquila Power Corporation. This initial Utilities. Comment date: June 25, 1996, in rate schedule will enable the parties to Comment date: June 25, 1996, in accordance with Standard Paragraph E purchase and sell capacity and energy accordance with Standard Paragraph E at the end of this notice. in accordance with the terms of the at the end of this notice. Agreement. 13. Northern States Power Company 10. Boston Edison Company (Minnesota Company) Comment date: June 25, 1996, in accordance with Standard Paragraph E [Docket No. ER96–1979–000] [Docket No. ER96–1982–000] at the end of this notice. Take notice that on May 31, 1996, Take notice that on May 31, 1996, Boston Edison Company (Boston Northern States Power Company Standard Paragraph Edison), tendered for filing a Sixth (Minnesota) (NSP), tendered for filing E. Any person desiring to be heard or Extension Agreement between Boston the Transmission Service Agreement to protest said filing should file a Edison and New England Power between NSP and Sonat Power motion to intervene or protest with the Company (NEP) regarding the provision Marketing, Inc. Federal Energy Regulatory Commission, of sub-transmission service for NEP NSP requests that the Commission 888 First Street, N.E., Washington, D.C. under Boston Edison’s FERC Rate accept the agreement effective May 10, Schedule No. 46. The Seventh 1996, and requests waiver of the 20426, in accordance with Rules 211 Extension Agreement extends the date Commission’s notice requirements in and 214 of the Commission’s Rules of of termination of service from July 31, order for the agreement to be accepted Practice and Procedure (18 CFR 385.211 1996 to November 30, 1996 and has for filing on the date requested. and 18 CFR 385.214). All such motions been executed only by Boston Edison. Comment date: June 25, 1996, in or protests should be filed on or before Boston Edison requests an effective date accordance with Standard Paragraph E the comment date. Protests will be of April 1, 1996. at the end of this notice. considered by the Commission in Comment date: June 25, 1996, in determining the appropriate action to be 14. Ohio Edison Company Pennsylvania accordance with Standard Paragraph E taken, but will not serve to make Power Company at the end of this notice. protestants parties to the proceeding. [Docket No. ER96–1983–000] Any person wishing to become a party 11. Northern States Power Company must file a motion to intervene. Copies (Minnesota Company) Take notice that on May 31, 1996, Ohio Edison Company, tendered for of this filing are on file with the [Docket No. ER96–1980–000] filing on behalf of itself and Commission and are available for public Take notice that on May 31, 1996, Pennsylvania Power Company, an inspection. Northern States Power Company Agreement for Power Transactions with Lois D. Cashell, (Minnesota) (NSP), tendered for filing AES Power Incorporate. This initial rate Secretary. the following agreements: schedule will enable the parties to [FR Doc. 96–15251 Filed 6–14–96; 8:45 am] • Transmission Service Agreement purchase and sell capacity and energy between NSP and Otter Tail Power in accordance with the terms of the BILLING CODE 6717±01±P Company. Agreement. • Transmission Service Company Comment date: June 25, 1996, in between NSP and Wisconsin Power and accordance with Standard Paragraph E Light Company. at the end of this notice. 30602 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

[Docket No. ER96±1956±000, et al.] 2. Southern California Edison Company Between Southern California Edison [Docket No. ER96–1957–000] Company and City of Colton Southern California Edison Company, Edison-Colton San Onofre Transmission et al. Electric Rate and Corporate Take notice that on May 30, 1996, Service Agreement Between Southern Regulation Filings Southern California Edison Company California Edison Company and City (Edison), tendered for filing the of Colton June 10, 1996. following 1996 Settlement Agreement The Supplemental Agreement sets Take notice that the following filings (Settlement) with the Cities of Anaheim, forth the terms and conditions by which have been made with the Commission: Colton, and Riverside, California (Cities) Edison will integrate capacity and and Amendment No. 2 to the 1990 1. Southern California Edison Company associated energy under Colton’s Integrated Operations Agreement for [Docket No. ER96–1956–000] SDG&E/Colton Summer 1996 Power each City, FERC Rate Schedule Nos. Sale Agreement (SDG&E Agreement). Take notice that on May 30, 1996, 246, 249, and 250, respectively: Southern California Edison Company The FTS Agreement sets forth the terms 1996 Settlement Agreement Between (Edison), tendered for filing the and conditions by which Edison, among Southern California Edison Company following power sale agreement other things, will provide firm and the Cities of Anaheim, Colton, between the City of Anaheim (Anaheim) transmission service for the SDG&E and Riverside, California and Edison, as an initial rate schedule, Agreement. Edison seeks waiver of the Amendment No. 2 to the 1990 and the associated supplemental 60 day prior notice requirement and Integrated Operations Agreement agreement and firm transmission service requests the Commission assign an Between Southern California Edison agreement for integration of the power effective date of June 1, 1996, to the Company and the City of Anaheim sale agreement in accordance with the Supplemental and FTS Agreement. Amendment No. 2 to the 1990 terms of the 1990 Integrated Operations Copies of this filing were served upon Integrated Operations Agreement Agreement (1990 Integrated Operations the Public Utilities Commission of the Between Southern California Edison Agreement (1990 IOA)), as a supplement State of California and all interested Company and the City of Colton to Rate Schedule FERC No. 246: parties. Amendment No. 2 to the 1990 Comment date: June 24, 1996, in 1996/7 Alamitos Unit Contingent Power Integrated Operations Agreement Sale Agreement Between the City of accordance with Standard Paragraph E Between Southern California Edison at the end of this notice. Anaheim and The Southern California Company and The City of Riverside Edison Company (Unit PSA) The Settlement sets forth the terms 4. Northern Indiana Public Service Supplemental Agreement for the Company Integration of the Unit Power Sale and conditions by which Edison agrees Agreement Between Southern to integrate new Capacity Resources, [Docket No. ER96–1959–000] California Edison and City of supersedes parts of Appendix B to the Take notice that on May 30, 1996, Anaheim (Supplemental Agreement) 1992 Settlement regarding integration of Northern Indiana Public Service Edison-Anaheim resources, and terminates the 1995 Company, tendered for filing an Alamitos Station Firm Transmission Power Sale Agreement (1995 PSA) executed Service Agreement between Service Agreement Between Southern between Edison and the City of Colton. Northern Indiana Public Service California Edison Company and City Additionally, Edison and the Cities have Company and Louis Dreyfus Electric of Anaheim (FTS Agreement) agreed to amend the termination Power, Inc. The Unit PSA provides the terms and provisions of the 1990 IOA to only Under the Service Agreement, conditions whereby Edison shall make require 3 years notice for termination. Northern Indiana Public Service available and Anaheim shall purchase Edison seeks waiver of the 60 day prior Company agrees to provide services to Contract Capacity and Associated notice requirement and requests that the Louis Dreyfus Electric Power, Inc. under Energy during the Delivery Season of Commission assign an effective date of Northern Indiana Public Service June 1 through October 31 (5 months) of June 1, 1996. Company’s Power Sales Tariff, which 1996, and during the Delivery Season of Copies of this filing were served upon was accepted for filing by the May 1 through October 31 (6 months) of the Public Utilities Commission of the Commission and made effective by 1997. The Supplemental Agreement sets State of California and all interested Order dated August 17, 1995, in Docket forth the terms and conditions under parties. No. ER95–1222–000. Northern Indiana which Edison will integrate the Unit Comment date: June 24, 1996, in Public Service Company and Louis PSA pursuant to the 1990 IOA. The FTS accordance with Standard Paragraph E Dreyfus Electric Power, Inc. request Agreement sets forth the terms and at the end of this notice. waiver of the Commission’s sixty-day conditions by which Edison, among 3. Southern California Edison Company notice requirement to permit an other things, will provide firm effective date of June 1, 1996. [Docket No. ER96–1958–000] transmission service for the Unit PSA. Copies of this filing have been sent to Edison seeks waiver of the 60 day prior Take notice that on May 30, 1996, the Indiana Utility Regulatory notice requirement and requests the Southern California Edison Company Commission and the Indiana Office of Commission assign an effective date of (Edison), tendered for filing the Utility Consumer Counselor. June 1, 1996, to the Unit PSA, following Supplemental Agreement Comment date: June 24, 1996, in Supplemental Agreement, and FTS (Supplemental Agreement) to the 1990 accordance with Standard Paragraph E Agreement. Integrated Operations Agreement (1990 at the end of this notice. Copies of this filing were served upon IOA) with the City of Colton (Colton), FERC Rate Schedule No. 249, and 5. Northern Indiana Public Service the Public Utilities Commission of the Company State of California and all interested associated Firm Transmission Service parties. Agreement (FTS Agreement): [Docket No. ER96–1960–000] Comment date: June 24, 1996, in Supplemental Agreement for the Take notice that on May 30, 1996, accordance with Standard Paragraph E Integration of the SDG&E/Colton Northern Indiana Public Service at the end of this notice. Summer 1996 Power Sale Agreement Company, tendered for filing an Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30603 executed Service Agreement between Copies of the filing were served on the Comment date: June 24, 1996, in Northern Indiana Public Service City of Seaford and the Delaware Public accordance with Standard Paragraph E Company and International Utility Service Commission. at the end of this notice. Consultants. Comment date: June 24, 1996, in 12. Indeck Pepperell Power Associates, Under the Service Agreement, accordance with Standard Paragraph E Inc. Northern Indiana Public Service at the end of this notice. Company agrees to provide services to [Docket No. ER96–1967–000] International Utility Consultants under 8. Illinois Power Company Take notice that on May 31, 1996, Northern Indiana Public Service [Docket No. ER96–1963–000] Indeck Pepperell Power Associates, Inc. Company’s Power Sales Tariff, which Take notice that on May 31, 1996, (Indeck Pepperell) submitted for filing was accepting for filing by the Illinois Power Company (Illinois the Second Revised Rate Schedule FERC Commission and made effective by Power), 500 South 27th Street, Decatur, No. 1 and the Power Purchase and Sale Order dated August 17, 1995, in Docket Illinois 62526, tendered for filing a Agreement between Electric No. ER95–1222–000. Northern Indiana Power Sales Tariff, Service Agreement Clearinghouse, Inc. and Indeck Public Service Company and under which Western Power Services, Pepperell. Indeck Pepperell states that its filing International Utility Consultants request Inc. will take service under Illinois is in accordance with Part 35 of the waiver of the Commission’s sixty-day Power Company’s Power Sales Tariff. Commission’s regulations. Indeck notice requirement to permit an The agreements are based on the Form Pepperell requests a waiver of the effective date of June 1, 1996. of Service Agreement in Illinois Power’s Commission’s notice requirements so Copies of this filing have been sent to tariff. the Indiana Utility Regulatory that the Second Revised Rate Schedule Illinois Power has requested an and the Agreement may become Commission and the Indiana Office of effective date of May 15, 1996. Utility Consumer Counselor. effective on June 1, 1996. Comment date: June 24, 1996, in Comment date: June 24, 1996, in Comment date: June 24, 1996, in accordance with Standard Paragraph E accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. at the end of this notice. 9. Duke Power Company 6. New England Power Company 13. American Electric Power Service [Docket No. ER96–1964–000] Corporation [Docket No. ER96–1961–000] Take notice that on May 31, 1996, [Docket No. ER96–1968–000] Take notice that on May 30, 1996, Duke Power Company (Duke), tendered Take notice that on May 31, 1996, the New England Power Company, tendered for filing a Service Agreement for American Electric Power Service for filing a Supplemental Service Market Rate (Schedule MR) Sales Corporation (AEPSC), tendered for filing Agreement between New England between Duke and North Carolina service agreements, executed by AEPSC Power Company and Fitchburg Gas & Electric Membership Corporation under and the following Parties, under the Electric Light Company for transmission Duke’s FERC Electric Tariff, Original AEP Companies’ Power Sales and/or service under NEP’s FERC Electric Volume No. 3. Point-to-Point Transmission Service Tariff, Original Volume No. 3. Comment date: June 24, 1996, in Tariffs. The Dayton Power and Light Comment date: June 24, 1996, in Company, Delhi Energy Services, Inc., accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. Federal Energy Sales, Inc., Old at the end of this notice. Dominion Electric Cooperative, Phibro, 7. Delmarva Power & Light Company 10. Idaho Power Company Inc., TransCanada Power Corporation, [Docket No. ER96–1965–000] Valero Power Services Company, and [Docket No. ER96–1962–000] Utilicorp United, Inc. Take notice that on May 31, 1996, Take notice that on May 31, 1996, The Power Sales Tariff has been Delmarva Power & Light Company Idaho Power Company (IPC), tendered designated as FERC Electric Tariff, First (Delmarva), tendered for filing a for filing with the Federal Energy Revised Volume No. 2, effective October Supplement to its FERC Rate Schedule Regulatory Commission an Agreement 1, 1995. The Point-to-Point No. 99, with respect to Delmarva’s for the Sale and Purchase of Capacity Transmission Tariff has been designated partial requirements service agreement and Energy between IPC and Oregon AEPSC FERC Electric Tariff Second with the City of Seaford. The proposed Trail Electric Consumers Cooperative, Revised Volume No. 1, effective change would increase base demand Inc., a First Amendment to said September 7, 1995. AEPSC requests and energy rates by 1.19%, or about Agreement, and a Certificate of waiver of notice to permit the Service $17,000 annually (based on actual Concurrence. Agreements to be made effective for billing data for calendar year 1995). Comment date: June 24, 1996, in service billed on and after May 2, 1996. Delmarva proposes an effective date accordance with Standard Paragraph E A copy of the filing was served upon of June 1, 1996. Delmarva asserts that at the end of this notice. the Parties and the State Utility the increase and the proposed effective 11. United Illuminating Company Regulatory Commission of Indiana, date is in accord with the service Kentucky, Michigan, Ohio, Tennessee, agreement with the City of Seaford as [Docket No. ER96–1966–000] Virginia and West Virginia. accepted for filing as Rate Schedule No. Take notice that on May 31, 1996, Comment date: June 24, 1996, in 99 and eight supplements in Docket No. United Illuminating Company (UI), accordance with Standard Paragraph E ER95–1039–000, which service submitted for informational purposes all at the end of this notice. agreement provides for changes in rates individual Purchase Agreements 14. Southwestern Public Service that correspond to the level of changes executed under UI’s Wholesale Electric Company in rates approved by the Delaware Sales Tariff, FERC Electric Tariff, Public Service Commission for Original Volume No. 2 during the six- [Docket No. ER96–1969–000] Delmarva’s non-residential retail month period of November 1, 1995 Take notice that on May 31, 1996, customers. through April 30, 1996. Southwestern Public Service Company 30604 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

(SPS), tendered for filing pursuant to 888 First Street, N.E., Washington, D.C. b. Project No: 5376–034. Section 205 of the Federal Power Act 20426, in accordance with Rules 211 c. Date Filed: October 12, 1995 and and Part 35 of the Commission’s and 214 of the Commission’s Rules of April 16, 1996. Regulations, an Interconnection Practice and Procedure (18 CFR 385.211 d. Applicant: Horseshoe Bend Agreement between the West Texas and 18 CFR 385.214). All such motions Hydroelectric Co. Municipal Power Agency (WTMPA) and or protests should be filed on or before e. Name of Project: Horseshoe Bend SPS. The Interconnection Agreement the comment date. Protests will be Project. cancels and replaces the four individual considered by the Commission in f. Location: On the Payette River in rate schedules SPS has with the determining the appropriate action to be Boise County, Idaho. municipalities of Lubbock, Tulia, taken, but will not serve to make g. Filed Pursuant to: Federal Power Floydada, and Brownfield, Texas. protestants parties to the proceeding. Act, 16 U.S.C. § 791(a)–825(r). Subsequent to the filing of the Any person wishing to become a party h. Applicant Contact: Mr. David individual rate schedules with the must file a motion to intervene. Copies O’Day, Project Manager, Horseshoe municipalities of Lubbock, Tulia, of this filing are on file with the Bend Hydroelectric Co., P.O. Box 2797, Floydada, and Brownfield, Texas, the Commission and are available for public Boise, ID 83701, (208) 345–7515. four municipalities incorporated inspection. i. FERC Contact: Paul Shannon, (202) WTMPA. SPS files the interconnection Lois D. Cashell, 219–2866. Agreement to allow it to sell directly to Secretary. j. Comment Date: July 17, 1996. WTMPA, to harmonize its treatment of [FR Doc. 96–15253 Filed 6–14–96; 8:45 am] k. Description of Filing: Horseshoe each municipality, and to revise its Bend Hydroelectric Company filed as- BILLING CODE 6717±01±P charges for emergency service. SPS built exhibits A, F, and G for the requests waiver of the Commission’s 60 Commission’s approval in accordance day prior notice and filing requirements [Project Nos. 1494±124, et al.] with article 35 of the project’s license. to allow the Interconnection Agreement The exhibit A is a written project to become effective June 1, 1996. SPS Hydroelectric Applications [Grand description. The exhibit F includes states that a copy of this filing has been River Dam Authority, et al.]; Notice of drawings of the constructed project served on the customer. Applications features. The exhibit G includes Comment date: June 24, 1996, in Take notice that the following drawings of the project boundary as accordance with Standard Paragraph E described by surveyed bearings and at the end of this notice. hydroelectric applications have been filed with the Commission and are distances. The as-built project boundary 15. Virginia Electric and Power available for public inspection: is more detailed and slightly different Company 1 a. Type of Application: Request for than the project boundary approved in Commission Approval to Grant a Permit the license. [Docket No. ER96–1970–000] Interested parties can request a copy Take notice that on May 31, 1996, for the Construction and Operation of a Marina Facility. of the as-built exhibits by calling the Virginia Electric and Power Company applicant contact from item (h) of this (the Company), tendered for filing a b. Project No.: 1494–124. c. Dated Filed: April 30, 1996. notice. letter agreement implementing the rate d. Applicant: Grand River Dam l. This notice also consists of the schedules included in the Authority (licensee). following standard paragraphs: B, C1, Interconnection and Operating e. Name of Project: Pensacola Project. and D2. Agreement between the Company and f. Location: The Duck Creek arm of 3 a. Type of Application: Surrender of Old Dominion Electric Cooperative. Copies of the filing were served upon Grand Lake O’ The Cherokees, Delaware Exemption (5 MW or Less). Old Dominion Electric Cooperative, the County, Afton, Oklahoma. b. Project No.: 6789–003. g. Filed Pursuant to: Federal Power Virginia State Corporation Commission c. Date Filed: May 14, 1996. Act, 16 U.S.C. § 791(a)–825(r). and the North Carolina Utilities d. Applicant: Robert A. Lodi. h. Applicant Contact: Mr. Robert W. Commission. e. Name of Project: Advance Mills Comment date: June 24, 1996, in Sullivan, Jr., Grand River Dam Hydroelectric Project. accordance with Standard Paragraph E Authority, P.O. Box 409, Drawer G, f. Location: On the North Rivanna at the end of this notice. Vinita, OK 74301, (918) 256–5545. River in Albemarle County, Virginia. i. FERC Contact: Joseph C. Adamson, g. Filed Pursuant to: Federal Power 16. New England Power Company (202) 219–1040. Act, 16 USC §§ 791(a)–825(r). [Docket No. ER96–1971–000] j. Comment Date: July 15, 1996. h. Contact: Mr. Robert A. Lodi, 1785 Take notice that on May 31, 1996, k. Description of Proposed Action: Frays Mill Road, Ruckersville, VA New England Power Company, filed The licensee requests Commission 22968, (804) 975–0113. Service Agreements and Certificates of approval to grant a permit to Mr. John i. FERC Contact: Mr. Lynn R. Miles, Concurrence with NorAm Energy Mullen, d/b/a Thunder Bay Marina for (202) 219–2671. Services, Inc. marketers under NEP’s the construction and operation of a j. Comment Date: July 22, 1996. FERC Electric Tariff, Original Volume marina facility. The proposed facility k. Description of the Proposed Action: No. 5. includes the addition of 5 floating docks The existing project, for which the Comment date: June 24, 1996, in containing 129 boat slips to an existing exemption is being surrendered, accordance with Standard Paragraph E facility, with 3 floating docks containing consists of: (1) a 12-foot-high concrete at the end of this notice. 80 boat slips, for a total of 8 floating dam; (2) a reservoir with a gross storage docks containing 209 boat slips. capacity of 12 acre feet; (3) a raceway Standard Paragraph 1. This notice also consists of the approximately 200 feet in length; (4) a E. Any person desiring to be heard or following standard paragraphs: B, C1, building containing the project’s to protest said filing should file a and D2. electrical controls; (5) two turbine/ motion to intervene or protest with the 2 a. Type of Application: As-Built generators with a total capacity of 65 Federal Energy Regulatory Commission, Exhibits. kilowatts; and (6) related facilities. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30605

The exemptee is requesting surrender County, California. BLM lands are l. This notice also consists of the of the exemption because the project is located in sections 1, 2, 11, and 12 in following standard paragraphs: B, C1, not economically feasible. T14S, R1W. and D2. l. This notice also consists of the g. Filed Pursuant to: Federal Power Standard Paragraphs following standard paragraphs: B, C1, Act, 16 U.S.C. § 791(a)–825(r). and D2. h. Applicant Contact: Ms. Carol H. A5. Preliminary Permit—Anyone 4 a. Type of Application: Amendment Cunningham, Consolidated Pumped desiring to file a competing application of Preliminary Permit. Storage, Inc., 680 Washington Blvd., for preliminary permit for a proposed b. Project No.: 11524–001. Fifth Floor, Stamford, CT 06901, (203) project must submit the competing c. Date filed: May 1, 1996. 425–8850. application itself, or a notice of intent to d. Applicant: Mokelumne River Water i. FERC Contact: Mr. Michael file such an application, to the and Power Authority. Strzelecki, (202) 219–2827. Commission on or before the specified e. Name of Project: Middle bar. j. Comment Date: August 15, 1996. comment date for the particular f. Location: Partially on lands k. Description of Project: The application (see 18 CFR 4.36). administered by the Bureau of Land applicant is exploring two alternative Submission of a timely notice of intent allows an interested person to file the Management, on the Mokelumne River, schemes for the proposed pumped competing preliminary permit in Amador and Calaveras Counties, storage project. Both alternatives would application no later than 30 days after California. Township 5 N, Range 11 E, use the city of San Diego’s existing San the specified comment date for the and Section 16. Vicente reservoir and dam as a lower particular application. A competing g. Filed Pursuant to: Federal Power reservoir. The first alternative would preliminary permit application must Act 16 USC §§ 791(a)–825(r). also consist of: (1) a 235-foot-high dam and 93-acre upper reservoir; (2) a 20- conform with 18 CFR 4.30(b) and 4.36. h. Applicant Contact: Mr. Henry M. A7. Preliminary Permit—Any foot-diameter, 12,300-foot-long tunnel; Hirata, Secretary, Mokelumne River qualified development applicant (3) a powerhouse containing an Water and Power Authority, P.O. Box desiring to file a competing unspecified number of turbines with a 1810, 1810 E. Hazelton Avenue, development application must submit to total installed capacity of 500 MW; (4) Stockton, CA 95201, (209) 468–3000. the Commission, on or before a a 0.5-mile-long transmission line i. FERC Contact: Michael Spencer at specified comment date for the interconnecting with an existing San (202) 219–2846. particular application, either a Diego Gas & Electric Company j. Comment Date: August 8, 1996. competing development application or a transmission line; and (5) appurtenant k. Description of Amended Project: notice of intent to file such an The proposed project would utilize the facilities. application. Submission of a timely upper reach of Pardee Reservoir for the The second alternative would also notice of intent to file a development Lower Mokelumne Project No. 2916 and consist of: (1) a 180-foot-high dam, a application allows an interested person consist of: (1) a 420-foot- high concrete 240-foot-high dam, and a 100-acre upper to file the competing application no arch dam; (2) a reservoir with a storage reservoir; (2) a 30-foot-diameter, 3,000- later than 120 days after the specified capacity of 434,000 acre-feet; (3) a foot-long tunnel; (3) a powerhouse comment date for the particular powerhouse containing a generating containing two generating units with a application. A competing license unit with a capacity of 80 MW and an total installed capacity of 400 MW; (4) application must conform with 18 CFR average annual generation of 227 GWh; a 0.5-mile-long transmission line 4.30(b) and 4.36. and (4) a 3-mile-long transmission line. interconnecting with an existing San A8. Preliminary Permit—Public The amended project would be operated Diego Gas & Electric Company notice of the filing of the initial as a peaking plant. The amended project transmission line; and (5) appurtenant preliminary permit application, which would also relocate the powerhouse for facilities. has already been given, established the PG&E’s Project No. 137. Six county No new access roads will be needed due date for filing competing roads would need to be modified or to conduct the studies. preliminary permit applications or reconstructed for the project. l. This notice also consists of the notices of intent. Any competing No new access road will be needed to following standard paragraphs: A5, A7, preliminary permit or development conduct the studies. The applicant A9, A10, B, C, and D2. application or notice of intent to file a estimates that the cost of the studies to 6 a. Type of Application: Surrender of competing preliminary permit or be conducted under the preliminary License. development application must be filed permit would be $2,484,000. b. Project No.: 9085–015. in response to and in compliance with l. Purpose of Project: Project power c. Date Filed: May 24, 1996. the public notice of the initial would be sold. d. Applicant: Richard Balagur. preliminary permit application. initial m. This notice also consists of the e. Name of Project: Great Falls Project. preliminary permit application. No following standard paragraphs: A8, A10, f. Location: On the Ompompanoosuc competing applications or notices of B, C, and D2. River, in Orange County, Vermont. intent to file competing applications 5 a. Type of Application: Preliminary g. Filed Pursuant to: Federal Power may be filed in response to this notice. Permit. Act, 16 USC Section 791(a)–825(r). A competing license application must b. Project No.: 11579–000. h. Applicant Contact: Richard conform with 18 CFR 4.30(b) and 4.36. c. Date filed: May 1, 1996. Balagur, RR 1, Box 68, Thetford Center, A9. Notice of intent—A notice of d. Applicant: SOCAL Energy Limited VT 05075, (802) 785–4514. intent must specify the exact name, Partnership. i. FERC Contact: Regina Saizan, (202) business address, and telephone number e. Name of Project: Boulder Valley 219–2673. of the prospective applicant, and must Pumped Storage Project. j. Comment Date: July 31, 1996. include an unequivocal statement of f. Location: Partially on lands k. Description of Application: The intent to submit, if such an application administered by the Bureau of Land licensee seeks to surrender the license may be filed, either a preliminary Management, approximately 30 miles for this unconstructed project because permit application or a development northeast of San Diego, in San Diego it’s no longer feasible to build. application (specify which type of 30606 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices application). A notice of intent must be filing refers. Any of the above-named certain existing storage fields; (ii) served on the applicant(s) named in this documents must be filed by providing construct and operate, upgrade, and public notice. the original and the number of copies replace certain natural gas facilities; (iii) A10. Proposed Scope of Studies under provided by the Commission’s abandon certain natural gas facilities Permit—A preliminary permit, if issued, regulations to: The Secretary, Federal and certain base storage gas; and (iv) does not authorize construction. The Energy Regulatory Commission, 888 such other authorizations and/or term of the proposed preliminary permit First Street, N.E., Washington, D.C. waivers as may be deemed necessary to would be 36 months. The work 20426. A copy of any motion to implement Columbia’s Project. proposed under the preliminary permit intervene must also be served upon each By this amendment, Columbia now would include economic analysis, representative of the Applicant proposes to withdraw certain proposed preparation of preliminary engineering specified in the particular application. facility projects including 45.5 miles of plans, and a study of environmental D2. Agency Comments—Federal, pipeline and 14,130 horsepower of impacts. Based on the results of these state, and local agencies are invited to compression located in southern studies, the Applicant would decide file comments on the described Pennsylvania, and in lieu of such whether to proceed with the preparation application. A copy of the application projects, to lease firm capacity from of a development application to may be obtained by agencies directly Texas Eastern Transmission Corporation construct and operate the project. from the Applicant. If an agency does (Texas Eastern). B. Comments, Protests, or Motions to not file comments within the time After the filing of Columbia’s Intervene—Anyone may submit specified for filing comments, it will be application, Texas Eastern proposed to comments, a protest, or a motion to presumed to have no comments. One Columbia that Texas Eastern expand a intervene in accordance with the copy of an agency’s comments must also portion of its pipeline system in requirements of Rules of Practice and be sent to the Applicant’s Pennsylvania in order to make available Procedure, 18 CFR 385.210, .211, .214. representatives. to Columbia an amount of firm capacity In determining the appropriate action to (141,500 dekatherms (Dth) per day) Dated: June 10, 1996, Washington, D.C. take, the Commission will consider all pursuant to a Lease at less cost to protests or other comments filed, but Lois D. Cashell, Columbia and its customers than only those who file a motion to Secretary. Columbia’s cost to expand its southern intervene in accordance with the [FR Doc. 96–15254 Filed 6–14–96; 8:45 am] Pennsylvania Line 1804 system, which Commission’s Rules may become a BILLING CODE 6717±01±P construction has been previously party to the proceeding. Any comments, identified in Columbia’s application as protests, or motions to intervene must [Docket No. CP96±213±001, et al.] Projects 4.3, 4.4, 4.5, 4.12, 4.13, 4.15, be received on or before the specified 4.16, 5.2, 5.3, 5.11, 5.12, 5.13 and 5.14. comment date for the particular Columbia Gas Transmission Columbia requests Commission application. Corporation, et al.; Natural Gas approval of the lease arrangement with C. Filing and Service of Responsive Certificate Filings Texas Eastern to treat the lease as an Documents—Any filings must bear in operating lease, and to recover its costs all capital letters the title June 11, 1996. pursuant to its TCRA. The lease costs to ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Take notice that the following filings be paid by Columbia to Texas Eastern TO FILE COMPETING APPLICATION’’, have been made with the Commission: are proposed to be recovered by ‘‘COMPETING APPLICATION’’, 1. Columbia Gas Transmission Columbia as an operating cost under ‘‘PROTEST’’, ‘‘MOTION TO Corporation Account 858. INTERVENE’’, as applicable, and the Under the terms of a lease agreement Project Number of the particular [Docket No. CP96–213–001] entered into by Texas Eastern and application to which the filing refers. Take notice that on June 7, 1996, Columbia, Texas Eastern will: i) Any of the above-named documents Columbia Gas Transmission Corporation construct, own, operate, and maintain must be filed by providing the original (Columbia), a Delaware corporation, certain facilities on its pipeline system and the number of copies provided by having its principal place of business at in southern Pennsylvania and make the Commission’s regulations to: The 1700 MacCorkle Avenue, S.E., available the resulting 141,500 Dth/d of Secretary, Federal Energy Regulatory Charleston, West Virginia 25314–1599, capacity to Columbia on a firm basis. Commission, 888 First Street, N.E., filed an abbreviated application The lease provides that Texas Eastern Washington, D.C. 20426. An additional pursuant to Section 7(c) of the Natural will lease capacity to Columbia on a copy must be sent to Director, Division Gas Act, to amend its application for a phased-in basis commencing November of Project Review, Federal Energy certificate of public convenience and 1, 1997, consistent with the phased Regulatory Commission, at the above- necessity previously filed with the implementation of Columbia’s Project, mentioned address. A copy of any Commission on February 28, 1996, in up to a total of 141,500 Dth/d of firm notice of intent, competing application Docket No. CP96–213–000, for its transportation capacity, plus such or motion to intervene must also be Market Expansion Project as additional capacity as needed to served upon each representative of the supplemented on March 18, 1996 and accommodate retainage, as follows: Applicant specified in the particular April 30, 1996. Phase-in date of capacity in (Dth/d) application. Columbia’s February 28, 1996 and monthly charge C1. Filing and Service of Responsive application sought a certificate of public 1. November 1, 1997 36,000 $242,310 Documents—Any filings must bear in convenience and necessity authorizing 2. November 1, 1998 85,800 540,750 all capital letters the title construction to provide 506,795 3. November 1, 1999 141,500 807,670 ‘‘COMMENTS’’, dekatherms per day (dth/d) of and continuing through the remainder ‘‘RECOMMENDATIONS FOR TERMS additional daily firm entitlements to its of the term of the Lease. AND CONDITIONS’’, ‘‘PROTEST’’, OR customers over a three-year period In addition, Columbia will reimburse ‘‘MOTION TO INTERVENE’’, as beginning in 1997. Specifically, Texas Eastern for its monthly operation applicable, and the Project Number of Columbia sought authority to: (i) and maintenance costs associated with the particular application to which the increase the performance capabilities of Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30607 the Texas Eastern incremental facilities transportation for Cohasset’s account that this will provide for services on the being constructed to provide the above will not impact Great Lakes’ existing OCS will lead to reduced costs and will phased-in amounts of capacity under peak day and annual delivery further the Commission’s policy to the lease (‘‘O&M Payment’’). Such capability, can be provided without promote market oriented services in the operation and maintenance costs detriment or disadvantage to any other natural gas industry. include a stipulated monthly charge for shipper on Great Lakes’ system, is not Green Canyon states that the operation and maintenance expenses, prohibited by its existing tariff, and the Gathering System will be 133 miles long excluding fuel, electric power, and total volumes delivered will not exceed and 24 inches in diameter throughout property taxes, which expenses will be total volumes authorized prior to this its length. It will extend into water adjusted based on the Gross National request. depths of approximately 630 feet and Product Implicit Price Deflator as In addition, Great Lakes states that the will be capable of receiving production specified in the Lease Agreement proposed new meter station and line from platforms located in deep waters attached to the application. Charges for taps will be constructed adjacent to its well in excess of 200 meters in the fuel, electric power and property taxes main line proximate to the City of Green Canyon, Ewing Bank and are based on actual incurred costs as Cohasset, in Itasca County, Minnesota. Mississippi Canyon Areas of the OCS. It detailed in the Lease Agreement. Great Lakes further states that Cohasset is stated that the Gathering System will Columbia will utilize the leased will utilize Great Lakes’ service in be constructed in an inverted ‘‘Y’’ capacity on Texas Eastern’s system, connection with providing new natural configuration, with the three legs of the along with the capacity to be created on gas service within the City of Cohasset. system interconnecting in South its own system, to render the firm Great Lakes estimates that the cost of Timbalier Block 193. It is stated that the transportation and storage service for constructing its proposed facilities will east leg will be 36.5 miles long, the west which Columbia’s expansion customers be approximately $300,000. leg will be 32 miles long and the north have entered into 15-year service Comment date: July 26, 1996, in leg will be 55 miles to the onshore agreements. Columbia will deliver gas accordance with Standard Paragraph G Leeville liquids separation facility in La into Texas Eastern’s facilities at its at the end of this notice. Fourche Parish, Louisiana and an Waynesburg Compressor Station and 3. Green Canyon Gathering Company additional 9.82 miles to the Golden will receive gas out of Texas Eastern’s Meadows processing plant. facilities at its Eagle Compressor Station [Docket No. CP96–557–000] It is stated that the Gathering System also in Pennsylvania. The details of Take notice that on June 4, 1996, is designed to gather gas produced along Texas Eastern’s proposal are set forth in Green Canyon Gathering Company its length, including gas produced near its application which is being filed (Green Canyon), P.O. Box 2511, the shore along the north leg in the Ship concurrently in Docket No. CP96–559– Houston, Texas 77252–2511, filed in Shoal, South Timbalier and Grand Isle 000. Docket No. CP96–557–000 a petition Areas of the OCS, as well as in deep Comment date: June 28, 1996, in under Rule 207 of the Commission’s waters well beyond the Continental accordance with Standard Paragraph F Rules of Practice and Procedure (18 CFR Shelf. Green Canyon projects that the at the end of this notice. 385.207) for a declaratory order stating Gathering System will be capable of that a proposed pipeline project, known accessing approximately 505 Bcf of 2. Great Lakes Gas Transmission as the Green Canyon Gathering System estimated reserves along the north leg, Limited Partnership (Gathering System), which Green approximately 1,227 Bcf along the east [Docket No. CP96–553–000] Canyon proposes to construct and leg and 1,685 Bcf along the west leg. Take notice that on May 31, 1996, operate on the Outer Continental Shelf Green Canyon anticipates that laterals of Great Lakes Gas Transmission Limited (OCS) in the Gulf of Mexico, will be various lengths and diameters will be Partnership (Great Lakes), One exempt from the Commission’s built by the producers from their Woodward Avenue, Suite 1600, Detroit, jurisdiction under Section 1(b) of the production platforms to the Gathering Michigan 48226, filed in Docket No. Natural Gas Act (NGA), all as more fully System, allowing the system to operate CP96–553–000 a request pursuant to set forth in the petition which is on file as a ‘‘spine’’ system. Sections 157.205 and 157.211 of the with the Commission and open to It is stated that at this developmental Commission’s Regulations under the public inspection. stage of the proposed project, no Natural Gas Act (18 CFR 157.205, It is stated that the proposed Green production has been committed to the 157.211) for authorization to construct Canyon Gathering System is designed to Gathering System. However, based on and operate a meter station and dual gather gas produced from new and exploration and development drilling line taps in Itasca County, Minnesota, existing platforms on the OCS and to activity in the Gathering System’s under Great Lakes’ blanket certificate deliver the production to interstate and service area, it is stated that future issued in Docket No. CP90–2053–000 intrastate pipelines that connect to the deliverability is expected to greatly pursuant to Section 7 of the Natural Gas Gathering System at the outlet side of an outpace the ability of the existing Act, all as more fully set forth in the onshore processing plant. Green Canyon pipeline and gathering infrastructure in request that is on file with the states that the Gathering System will the region to deliver gas onshore for Commission and open to public extend to the edge of the OCS, will be processing. inspection. able to connect to platforms throughout Green Canyon contends that the OCS Great Lakes states that it will deliver its entire length (including beyond the is characterized by a mix of pipeline up to 500 Mcf of natural gas per day for OCS and near the shore), and will have systems; some of which have been the account of the City of Cohasset, no compression. It is further stated that, functionalized as interstate transmission Minnesota (Cohasset). Natural gas will upon being placed in service, the and others are considered to involve be received at existing receipt points Gathering System will provide gas nonjurisdictional gathering. It is stated located in Great Lakes’ Eastern Zone producers on the OCS and their that the owners of these facilities and an equivalent quantity will be shippers with a means by which to include interstate and unregulated redelivered upstream through the new deliver their supplies to the interstate pipelines as well as natural gas meter station and line taps, to be located and intrastate networks. Green Canyon producers who have constructed in Great Lakes’ Western Zone. This contends that the increased competition gathering systems to access their own 30608 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices production in addition to the units, upgrade two existing compressor (f) Upgrade the existing 3500 HP gas production of others. It is stated that units and modify an existing M&R turbine unit at Texas Eastern’s OCS facilities owned by interstate Station, all as more fully described in Waynesburg Compressor Station by pipelines are mostly functionalized as the application; 1,500 HP in 1999; transmission subject to the (2) Lease to Columbia Gas (g) Upgrade Texas Eastern’s existing Commission’s jurisdiction under Transmission Corporation (‘‘Columbia’’) interconnection with Columbia at Section 1(b) of the NGA, while those 141,500 Dth/d of firm transportation Waynesburg, M&R Station 70012 owned by the producers have largely capacity, plus fuel, on a phased basis located in Greene County, Pennsylvania, been determined to be gathering systems (Columbia filed its proposal to lease to accommodate 141,500 Dth/d of exempt from the Commission’s these facilities from Texas Eastern natural gas plus fuel; and jurisdiction under the NGA. It is averred concurrently in Docket No. CP96–213– (h) Install ancillary above-ground that this has given the producers an 001); appurtenant facilities, including but not artificial advantage in competing for the (3) Charge and collect, over the term limited to mainline, crossover and gathering business in the OCS, since of the capacity lease agreement between blowoff piping and valving, pressure they are free of the restraints to which Texas Eastern and Columbia (‘‘Capacity regulating devices, launchers and the regulated systems are subject. Lease Agreement’’), all monthly charges receivers for internal inspection Green Canyon believes that a pressing as provided for in the Capacity Lease instruments and cleaning devices, and need exists for gathering services on the Agreement; associated piping and valves for OCS, which it hopes to fulfill with its (4) Pregranted abandonment of the operating and maintenance purposes proposed facilities. In order for an certificate of public convenience and associated with each of the referenced investment in this project to be justified, necessity and related authorizations pipeline replacements. however, Green Canyon states that it granted herein, upon the termination of As indicated in Exhibits F–I through must be able to compete on an equal the Capacity Lease Agreement or any F–IV of its application, the Expansion footing with the unregulated producers reduction in leased capacity quantities Facilities are proposed to be installed on the OCS for gathering services. Thus, after completion of the primary term; within Texas Eastern’s existing pipeline Green Canyon seeks for the Commission and corridor. to declare its Green Canyon Gathering (5) Such other authority and/or In order to provide the Expansion System a nonjurisdictional gathering waivers as may be deemed necessary by Capacity as scheduled on November 1, system. the Commission to facilitate 1997, Texas Eastern desires to In order to meet a projected in-service implementation of the proposal commence construction of the date of November 1997, Green Canyon contained herein. Expansion Facilities by May 1, 1997. will need to enter into binding Specifically, Texas Eastern proposes Assuming commencement of commitments by the last quarter of 1996 to construct the following Expansion construction on May 1, 1997, the for materials related to the construction Facilities: estimated total cost of the proposed of the Gathering System. It is stated that (a) Replace approximately 6.15 miles facilities in current year dollars is construction must begin by the spring of of idled 20-inch pipeline with new 24- approximately $63.2 million. 1997 if the Gathering System is to come inch pipeline connecting existing M&R The Lease provides that Texas Eastern on line by the fourth quarter of 1997. Station 70012 at milepost 1140.38 to the will lease capacity to Columbia on a Accordingly, Green Canyon requests 24-inch Crayne Farm Pipeline at phased-in basis commencing November that the Commission issue a declaratory milepost 1146.50 in Greene County, 1, 1997, consistent with the phased order of nonjurisdictional status no later Pennsylvania; implementation of Columbia’s Project, than September 1996. (b) Replace approximately 10.97 miles up to a total of 141,500 Dth/d of firm Comment date: July 2, 1996, in of idled 24-inch pipeline with new 36- transportation capacity, plus such accordance with the first paragraph of inch pipeline from approximate additional capacity as needed to Standard Paragraph F at the end of this milepost 1060.67 to approximate accommodate retainage, and charge for notice. milepost 1071.64 in Somerset County, such capacity as follows: Phase-in date of capacity in (Dth/d) 4. Texas Eastern Transmission Pennsylvania between Texas Eastern’s and monthly charge Corporation existing Uniontown (Station 21–A) and Bedford (Station 22–A) Compressor 1. November 1, 1997 36,000 $242,310 [Docket No. CP96–559–000] Stations; 2. November 1, 1998 85,800 540,750 Take notice that on June 7, 1996, (c) Replace approximately 9.12 miles 3. November 1, 1999 141,500 807,670 Texas Eastern Transmission Corporation of idled 24-inch pipeline with new 36- and continuing through the remainder (‘‘Texas Eastern’’), 5400 Westheimer inch pipeline from approximate of the term of the Lease. Court, Houston, Texas 77056–5310, milepost 1114.61 to approximate In addition, Columbia will reimburse filed in the above docket an application milepost 1123.73 in Fulton County, Texas Eastern for its monthly operation with the Federal Energy Regulatory Pennsylvania between Texas Eastern’s and maintenance costs associated with Commission (‘‘Commission’’) pursuant existing Bedford (Station 22–A) and the Texas Eastern incremental facilities to Section 7(c) of the Natural Gas Act for Chambersburg (Station 23) Compressor being constructed to provide the above a certificate of public convenience and Stations; phased-in amounts of capacity under necessity and related authorizations (d) Upgrade by 4500 HP to 11,000 HP the Lease (‘‘O&M Payment’’). Such permitting Texas Eastern to: the existing 6500 HP electric operation and maintenance costs (1) Construct, install, own, operate compressor at the Uniontown (Station include a stipulated monthly charge for and maintain the incremental pipeline 21–A) Compressor Station; operation and maintenance expenses, facilities and associated ancillary above- (e) Add 13,400 gas turbine HP and excluding fuel, electric power, and ground facilities to comply with compressor cylinder modifications at property taxes, which expenses will be applicable Department of Texas Eastern’s Marietta (Station 24) adjusted based on the Gross National Transportation requirements, install one Compressor Station, with cylinder Product Implicit Price Deflator as new gas turbine compressor unit, modifications to be performed on six specified in the Lease Agreement modify six (6) existing reciprocating existing reciprocating units; Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30609 attached to the Application. Charges for protest. If a protest is filed and not (WAVE) Program. OMB Control Number fuel, electric power and property taxes withdrawn within 30 days after the time 2040–0164. Expiration Date November are based on actual incurred costs as allowed for filing a protest, the instant 30, 1996. detailed in the Lease Agreement. request shall be treated as an Abstract: EPA will annually collect Comment date: June 28, 1996, in application for authorization pursuant water, energy, and cost savings accordance with Standard Paragraph F to Section 7 of the Natural Gas Act. information from ‘‘Partners’’ in the at the end of this notice. Lois D. Cashell, WAVE program. Partners can be commercial businesses, governments, or Standard Paragraphs Secretary. institutions that voluntarily agree to [FR Doc. 96–15252 Filed 6–14–96; 8:45 am] F. Any person desiring to be heard or implement cost-effective water make any protest with reference to said BILLING CODE 6717±01±P efficiency measures in their facilities. filing should on or before the comment Initially the WAVE Program will target date file with the Federal Energy the lodging industry. Another type of Regulatory Commission, 888 First ENVIRONMENTAL PROTECTION participant, ‘‘Supporters,’’ will work Street, N.E., Washington, D.C. 20426, a AGENCY with EPA to promote water efficiency motion to intervene or a protest in [FRL±5521±9] and provide information on products accordance with the requirements of the and services. Supporters could be Commission’s Rules of Practice and Agency Information Collection equipment manufacturers, water Procedure (18 CFR 385.211 and Activities Up for Renewal; Reporting management companies, utilities, local 385.214) and the Regulations under the Requirements Under EPA's Water governments, or the like. Natural Gas Act (18 CFR 157.10). All Alliances for Voluntary Efficiency The purpose of the WAVE Program is protests filed with the Commission will (WAVE) Program pollution prevention. As defined by be considered by it in determining the EPA, pollution prevention means appropriate action to be taken but will AGENCY: Environmental Protection ‘‘source reduction’’ as defined under the not serve to make the protestants parties Agency (EPA). Pollution Prevention Act, and other to the proceeding. Any person wishing ACTION: Notice. practices that reduce or eliminate the to become a party to a proceeding or to creation of pollutants through increased SUMMARY: In compliance with the participate as a party in any hearing efficiency in the use of raw materials, Paperwork Reduction Act (44 U.S.C. therein must file a motion to intervene energy, water, or other resources, or 3501 et seq.), this notice announces that in accordance with the Commission’s through protection of natural resources EPA is planning to submit the following Rules. by conservation. By promoting water continuing Information Collection Take further notice that, pursuant to efficiency, WAVE prevents pollution in Request (ICR) to the Office of the authority contained in and subject to two basic ways. First, wastewater flows Management and Budget (OMB): jurisdiction conferred upon the Federal are reduced which in turn, increases Reporting Requirements Under EPA’s Energy Regulatory Commission by treatment efficiency at wastewater Water Alliances for Voluntary Efficiency Sections 7 and 15 of the Natural Gas Act treatment plants resulting in reduced and the Commission’s Rules of Practice (WAVE) Program. OMB Control Number pollutant loads. Second, less water used and Procedure, a hearing will be held 2040–0164. Expiration Date November means that less energy will be used to without further notice before the 30, 1996. Before submitting the ICR to treat, transport, and heat drinking water Commission or its designee on this OMB for review and approval, EPA is and to transport and treat wastewater. filing if no motion to intervene is filed soliciting comments on specific aspects To the extent that the reduced energy within the time required herein, if the of the proposed information collection use so achieved is electrical energy, Commission on its own review of the as described below. power plant emissions are reduced. matter finds that a grant of the DATES: Comments must be submitted on Water efficiency also causes less water certificate is required by the public or before August 16, 1996. to be withdrawn and preserves convenience and necessity. If a motion ADDRESSES: Environmental Protection streamflow to maintain a healthy for leave to intervene is timely filed, or Agency, Office of Wastewater aquatic environment. Less pumping of if the Commission on its own motion Management (Mail Code 4204), 401 M groundwater lowers the chance that believes that a formal hearing is Street, S.W., Washington, D.C. 20460. pollutants will be drained into a water required, further notice of such hearing Interested persons may obtain a copy of supply well. will be duly given. the ICR amendment and supporting EPA will use this information to Under the procedure herein provided analysis without charge by contacting monitor the success of the program, to for, unless otherwise advised, it will be the individual listed below. demonstrate that pollution prevention unnecessary for the applicant to appear FOR FURTHER INFORMATION CONTACT: can be accomplished with a non- or be represented at the hearing. Valerie Martin, Telephone: (202) 260– regulatory approach, and to promote the G. Any person or the Commission’s 7259. FAX: (202) 260–1827. E-Mail: program to potential partners. staff may, within 45 days after the [email protected]. Participation in the WAVE Program is issuance of the instant notice by the voluntary; however, once a participant Commission, file pursuant to Rule 214 SUPPLEMENTARY INFORMATION: joins the program, it is required to sign of the Commission’s Procedural Rules Affected Entities: Entities potentially and submit a Memorandum of (18 CFR 385.214) a motion to intervene affected by this action are commercial Understanding (MOU), an annual or notice of intervention and pursuant businesses, hospitals, educational Results Report, and information on to Section 157.205 of the Regulations institutions, and multi-family housing miscellaneous additional activities to under the Natural Gas Act (18 CFR units that voluntarily join EPA’s WAVE EPA to receive and retain program 157.205) a protest to the request. If no Program. Major respondents are hotels benefits, such as software and publicity. protest is filed within the time allowed and motels. No participant will be required to therefore, the proposed activity shall be Title: Renewal—Reporting submit confidential business deemed to be authorized effective the Requirements Under EPA’s Water information. EPA will present day after the time allowed for filing a Alliances for Voluntary Efficiency aggregated data only in its program 30610 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices progress reports. An agency may not Estimated Number of Respondents: and Toxics, Environmental Protection conduct or sponsor, and a person is not 55. Agency, Rm. E–447, 401 M St., SW., required to respond to, a collection of Frequency of Response: Annual. Washington, DC 20460, (202) 260–3780; information unless it displays a Estimated Total Annual Hour Burden: e-mail: [email protected]. currently valid OMB control number. 4,654 hours. SUPPLEMENTARY INFORMATION: Section The OMB control numbers for EPA’s Estimated Total Annualized Cost 5(h)(1) of TSCA authorizes EPA to regulations are listed in 40 CFR Part 9 Burden: $269,295.00. exempt persons from premanufacture and 49 CFR Chapter 15. Dated: June 11, 1996. notification (PMN) requirements and The EPA would like to solicit permit them to manufacture or import comments on its ICR renewal. Michael B. Cook, Director Office of Wastewater Management. new chemical substances for test Specifically, we would like comments marketing purposes if the Agency finds [FR Doc. 96–15286 Filed 6–14–96; 8:45 am] to help us to: that the manufacture, processing, (i) Evaluate whether the proposed BILLING CODE 6560±50±P distribution in commerce, use and collection of information is necessary disposal of the substances for test for the proper performance of the marketing purposes will not present an functions of the agency, including [OPPT±59353; FRL±5378±1] unreasonable risk of injury to human whether the information will have Certain Chemicals; Approval of a Test health or the environment. EPA may practical utility; Marketing Exemption (ii) Evaluate the accuracy of the impose restrictions on test marketing activities and may modify or revoke a burden of the proposed collection of AGENCY: Environmental Protection test marketing exemption upon receipt information, including the validity of Agency (EPA). of new information which casts the methodology and assumptions used; ACTION: Notice. (iii) Enhance the quality, utility, and significant doubt on its finding that the clarity of the information to be SUMMARY: This notice announces EPA’s test marketing activity will not present collected; and approval of an application for a test an unreasonable risk of injury. (iv) Minimize the burden of the marketing exemption (TME) under EPA hereby approves TME–96–4. EPA collection of information on those who section 5(h)(1) of the Toxic Substances has determined that test marketing of are to respond, including through the Control Act (TSCA) and 40 CFR 720.38. the new chemical substance described use of appropriate automated electronic, EPA has designated this application as below, under the conditions set out in mechanical, or other technological TME–96–4. The test marketing the TME application, and for the time collection techniques or other forms of conditions are described below. period and restrictions specified below, information technology, e.g., permitting will not present an unreasonable risk of DATES: This notice becomes effective injury to human health or the electronic submission of responses. June 7, 1996. Written comments will be Burden Statement: The annual public environment. Production volume, use, received until July 2, 1996. reporting and recordkeeping burden for and the number of customers must not this collection of information is ADDRESSES: Written comments, exceed that specified in the application. estimated to average nine hours and 45 identified by the docket number [OPPT– All other conditions and restrictions minutes per MOU response, four hours 59353] and the specific TME number described in the application and in this and 45 minutes per Results Report should be sent to: TSCA notice must be met. response, and eight hours and 30 nonconfidential center (NCIC), Office of A notice of receipt of this application minutes for additional information. Pollution Prevention and Toxics, was not published in advance of Burden means the total time, effort, or Environmental Protection Agency, Rm. approval. Therefore, an opportunity to financial resources expended by persons NEB–607 (7407), 401 M St., SW., submit comments is being offered at this to generate, maintain, retain, or disclose Washington, DC 20460, (202) 554–1404, time. EPA may modify or revoke the test or provide information to or for a TDD (202) 554–0551. marketing exemption if comments are Federal agency. This includes the time Comments and data may be submitted received which cast significant doubt on needed to review instructions; develop, electronically by sending electronic its finding that the test marketing acquire, install, and utilize technology mail (e-mail) to: [email protected]. activities will not present an and systems for the purposes of Electronic comments must be submitted unreasonable risk of injury. collecting, validating, and verifying as an ASCII file avoiding the use of The following additional restrictions information, processing and special characters and any form of apply to TME–96–4: maintaining information, and disclosing encryption. Comments and data will 1. A bill of lading accompanying and providing information; adjust the also be accepted on disks in each shipment must state that the use of existing ways to comply with any WordPerfect in 5.1 file format or ASCII the substance is restricted to that previously applicable instructions and file format. All comments and data in approved in the TME. requirements; train personnel to be able electronic form must be identified 2. During manufacturing, to respond to a collection of [OPPT–59353]. No Confidential processing, and use of the substance at information; search data sources; Business Information (CBI) should be any site controlled by the Applicant, complete and review the collection of submitted through e-mail. Electronic any person under the control of the information; and transmit or otherwise comments on this notice may be filed Applicant, including employees and disclose the information. online at many Federal Depository contractors, who may be dermally Respondents/Affected Entities: Libraries. Additional information on exposed to the substance shall use: Entities potentially affected by this electronic submissions can be found a. Gloves determined by the action are commercial businesses, under ‘‘SUPPLEMENTARY Applicant to be impervious to the hospitals, educational institutions, and INFORMATION’’. substance under the conditions of multi-family housing units that FOR FURTHER INFORMATION CONTACT: exposure, including the duration of voluntarily join EPA’s WAVE Program. Shirley D. Howard, New Chemicals exposure. The Applicant shall make this Major respondents are hotels and Branch, Chemical Control Division determination either by testing the motels. (7405), Office of Pollution Prevention gloves under the conditions of exposure Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30611 or by evaluating the specifications Risk Assessment: EPA identified Dated: June 7, 1996. provided by the manufacturer of the concerns for acute toxicity, Paul J. Campanella, gloves. Testing or evaluation of methemoglobinemia, oncogenicity, specifications shall include developmental toxicity, and Chief, New Chemicals Branch, Office of Pollution Prevention and Toxics. consideration of permeability, mutagenicity based on analogous [FR Doc. 96–15284 Filed 6–14–96; 8:45 am] penetration, and potential chemical and chemical substances. However, during mechanical degradation by the PMN manufacturing, processing, and use, BILLING CODE 6560±50±F substance and associated chemical exposure to workers will be prevented substances; by protective gloves, clothing, and b. Clothing which covers any goggles. Therefore, the test market other exposed areas of the arms, legs, FEDERAL DEPOSIT INSURANCE activities will not present an and torso; and CORPORATION unreasonable risk of injury to human c. Chemical safety goggles or equivalent eye protection. health. Sunshine Act Meeting 3. The Applicant must affix a label Although EPA expects the TME to each container of the substance or substance to be toxic to aquatic Pursuant to the provisions of the formulations containing the substance. organisms, no releases of the TME ‘‘Government in the Sunshine Act’’ (5 The label shall include, at a minimum, substance to surface waters are expected U.S.C. 552b), notice is hereby given that the following statement: because it will be completely consumed at 10:05 a.m. on Tuesday, June 11, 1996, WARNING: Contact with skin may be in the reaction process and any the Board of Directors of the Federal harmful. Similar chemicals have been found residuals will be recycled. Therefore, Deposit Insurance Corporation met in to cause acute health effects, cancer, the test market activities will not closed session to consider the following mutagenicity, blood effects, and present an unreasonable risk of injury to matters: developmental toxicity in laboratory animals. To protect yourself, you must wear protective the environment. Matters relating to the Corporation’s gloves, clothing, and goggles. The Agency reserves the right to supervisory activities. 4. The Applicant must obtain or rescind approval or modify the Matters relating to the probable failure of develop a Material Safety Data Sheet conditions and restrictions of an an insured depository institution. (MSDS) for the TME substance. The exemption should any new information In calling the meeting, the Board MSDS shall comply with 29 CFR come to its attention which casts 1910.1200(g). determined, on motion of Director significant doubt on its finding that the Joseph H. Neely (Appointive), seconded 5. The Applicant shall maintain the test marketing activities will not present following records until 5 years after the by Director Jonathan L. Fiechter (Acting an unreasonable risk of injury to health Director, Office of Thrift Supervision), date they are created, and shall make or the environment. them available for inspection or copying concurred in by Ms. Julie Williams, in accordance with section 11 of TSCA: A record has been established for this acting in the place and stead of Director a. Records of the quantity of the notice under docket number [OPPT– Eugene A. Ludwig (Comptroller of the TME substance produced and the date 59353] (including comments and data Currency), and Vice Chairman Andrew of manufacture. submitted electronically as described C. Hove, Jr., that Corporation business b. Records of dates of the above). A public version of this record, required its consideration of the matters shipments to each customer and the including printed versions of electronic on less than seven days’ notice to the quantities supplied in each shipment. comments, which does not include any public; that no earlier notice of the c. Copies of the bill of lading that information claimed as CBI, is available meeting was practicable; that the public accompanies each shipment of the for inspection from 12 noon to 4 p.m., interest did not require consideration of substance. Monday through Friday, excluding legal the matters in a meeting open to public d. Copies of any determination holidays. The public record is located in observation; and that the matters could under paragraph 2.a. above that the the TSCA nonconfidential information be considered in a closed meeting by protective gloves used by the Applicant center (NCIC), Rm. NEB–607, 401 M St., authority of subsections (c)(4), (c)(6), are impervious to the substance. SW., Washington, DC 20460. e. Copies of the labels affixed to (c)(8), (c)(9)(B) of the ‘‘Government in containers of the substance or The official record of this notice, as the Sunshine Act’’ (5 U.S.C. 552b(c)(4), formulations containing the substance. well as the public version, as described (c)(5), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of f. Copies of the MSDS for the TME above will be kept in paper form. the Government in the Sunshine Act’’ (5 substance. Accordingly, EPA will transfer all U.S.C. 552b(c)(4), (c)(6), (c)(8), comments received electronically into (c)(9)(A)(ii), and (c)(9)(B). T±96±4 printed, paper form as they are received The meeting was held in the Board Date of Receipt: April 18, 1996. The and will place the paper copies in the Room of the FDIC Building located at extended comment period will close official record which will also include 550–17th Street, NW., Washington, DC. all comments submitted directly in (insert date 15 days after date of Dated: June 12, 1996. publication in the Federal Register). writing. The official record is the paper Federal Deposit Insurance Corporation. Applicant: Confidential. record maintained at the address in Chemical: (G) Alkylated-nitrosated- ‘‘ADDRESSES’’ at the beginning of this Valerie J. Best, Benzene. document. Assistant Executive Secretary. Use: Pesticide Intermediate. [FR Doc. 96–15387 Filed 6–13–96; 8:45 am] Production Volume: Confidential. List of Subjects BILLING CODE 6714±01±M Number of Customers: Confidential. Test Marketing Period: 12 months, Environmental protection, test commencing on first day of commercial marketing exemptions. manufacture. 30612 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

FEDERAL MARITIME COMMISSION FEDERAL RESERVE SYSTEM of the Board of Governors. Interested persons may express their views in Security for the Protection of the Change in Bank Control Notices; writing on the standards enumerated in Public Indemnification of Passengers Acquisitions of Shares of Banks or the BHC Act (12 U.S.C. 1842(c)). If the for Nonperformance of Transportation; Bank Holding Companies proposal also involves the acquisition of Notice of Issuance of Certificate The notificants listed below have a nonbanking company, the review also (Performance) applied under the Change in Bank includes whether the acquisition of the Control Act (12 U.S.C. 1817(j)) and § nonbanking company complies with the Notice is hereby given that the 225.41 of the Board’s Regulation Y (12 standards in section 4 of the BHC Act, following have been issued a Certificate CFR 225.41) to acquire a bank or bank including whether the acquisition of the of Financial Responsibility for holding company. The factors that are nonbanking company can ‘‘reasonably Indemnification of Passengers for considered in acting on the notices are be expected to produce benefits to the Nonperformance of Transportation set forth in paragraph 7 of the Act (12 public, such as greater convenience, pursuant to the provisions of Section 3, U.S.C. 1817(j)(7)). increased competition, or gains in Public Law 89–777 (46 U.S.C. § 817(e)) The notices are available for efficiency, that outweigh possible and the Federal Maritime Commission’s immediate inspection at the Federal adverse effects, such as undue implementing regulations at 46 C.F.R. Reserve Bank indicated. Once the concentration of resources, decreased or Part 540, as amended: notices have been accepted for unfair competition, conflicts of processing, they will also be available interests, or unsound banking practices’’ Radisson Seven Seas Cruises, Inc., 600 (12 U.S.C. 1843). Any request for Corporate Drive, Suite 410, Fort for inspection at the offices of the Board of Governors. Interested persons may a hearing must be accompanied by a Lauderdale, Florida 33334 statement of the reasons a written Vessel: Radisson Diamond. express their views in writing to the Reserve Bank indicated for that notice presentation would not suffice in lieu of Dated: June 12, 1996. or to the offices of the Board of a hearing, identifying specifically any Joseph C. Polking, Governors. Comments must be received questions of fact that are in dispute, Secretary. not later than July 1, 1996. summarizing the evidence that would [FR Doc. 96–15315 Filed 6–14–96; 8:45 am] A. Federal Reserve Bank of St. Louis be presented at a hearing, and indicating how the party commenting would be BILLING CODE 6730±01±M (Randall C. Sumner, Vice President) 411 Locust Street, St. Louis, Missouri 63166: aggrieved by approval of the proposal. 1. Charles L. Spangler, Nixa, Missouri; Unless otherwise noted, nonbanking Ocean Freight Forwarder License to acquire an additional 22.23 percent, activities will be conducted throughout the United States. Applicants for a total of 43.29 percent, of the voting shares of Seligman Bancshares, Inc., Unless otherwise noted, comments Notice is hereby given that the Seligman, Missouri, and thereby regarding each of these applications following applicants have filed with the indirectly acquire First Independent must be received at the Reserve Bank indicated or the offices of the Board of Federal Maritime Commission Bank, Seligman, Missouri. Governors not later than July 11, 1996. applications for licenses as ocean freight Board of Governors of the Federal Reserve A. Federal Reserve Bank of Atlanta forwarders pursuant to section 19 of the System, June 11, 1996. (Zane R. Kelley, Vice President) 104 Jennifer J. Johnson, Shipping Act of 1984 (46 U.S.C. app. Marietta Street, N.W., Atlanta, Georgia 1718 and 46 CFR 510). Deputy Secretary of the Board. 30303: Persons knowing of any reason why [FR Doc. 96–15277 Filed 6–14–96; 8:45 am] 1. Compass Bancshares, Inc., any of the following applicants should BILLING CODE 6210±01±F Birmingham, Alabama, Compass Banks not receive a license are requested to of Texas, Inc., Birmingham, Alabama, contact the Office of Freight Forwarders, and Compass Bancorporation of Texas, Formations of, Acquisitions by, and Federal Maritime Commission, Inc., Wilmington, Delaware; to acquire Mergers of Bank Holding Companies Washington, D.C. 20573. 100 percent of the voting shares of Texas American Bank, San Antonio, Evans, Wood & Caulfield, Inc., 20 West The companies listed in this notice Texas. Lincoln Avenue, Suite 301, Valley Stream, have applied to the Board for approval, New York 11580, Officers: Patrick J. pursuant to the Bank Holding Company B. Federal Reserve Bank of Kansas Caulfield, President; Valerie R. Caulfield, Act of 1956 (12 U.S.C. 1841 et seq.) City (John E. Yorke, Senior Vice Exec. Vice President (BHC Act), Regulation Y (12 CFR part President) 925 Grand Avenue, Kansas Terrace Express, Inc., 1446 Terrace Drive, 225), and all other applicable statutes City, Missouri 64198: Downers Grove, IL 60516, Officers: Bee and regulations to become a bank 1. Kingsbury BDC Financial Services, Ling Ma, President; Siew Pin Bong, Vice holding company and/or to acquire the Inc., Ponca, Nebraska; to become a bank President assets or the ownership of, control of, or holding company by acquiring 100 TT Freight Forwarders, Inc., 6695 NW 36th the power to vote shares of a bank or percent of the voting shares of Bank of Avenue, Miami, FL 33147, Officers: John bank holding company and all of the Dixon County, Ponca, Nebraska, and Morton, President; Georgina Gonzalez, banks and nonbanking companies thereby indirectly acquire American Director. owned by the bank holding company, State Bank, Newcastle, Nebraska. Dated: June 12, 1996. including the companies listed below. C. Federal Reserve Bank of San The applications listed below, as well Francisco (Kenneth R. Binning, Joseph C. Polking, as other related filings required by the Director, Bank Holding Company) 101 Secretary. Board, are available for immediate Market Street, San Francisco, California [FR Doc. 96–15314 Filed 6–14–96; 8:45 am] inspection at the Federal Reserve Bank 94105: BILLING CODE 6730±01±M indicated. Once the application has 1. Mutual Bancshares, Everett, been accepted for processing, it will also Washington; to acquire 100 percent of be available for inspection at the offices the voting shares of Commercial Bank of Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30613

Everett, Everett, Washington (in Governor’s Report. Report by Federal FOR FURTHER INFORMATION CONTACT: organization). Reserve Board Member Lawrence B. Joel Winston, FTC/S–4002, Washington, Board of Governors of the Federal Reserve Lindsey on economic conditions, recent D.C. 20580. (202) 326–3153. System, June 11, 1996. Board initiatives, and issues of concern, SUPPLEMENTARY INFORMATION: On Jennifer J. Johnson, with an opportunity for questions from Thursday, February 29, 1996, there was Deputy Secretary of the Board. Council members. published in the Federal Register, 61 FR Members Forum. Presentation of 7793, a proposed consent agreement [FR Doc. 96–15278 Filed 6–14–96; 8:45 am] individual Council members’ views on with analysis In the Matter of Amoco BILLING CODE 6210±01±F the economic conditions present within Oil Company, for the purpose of their industries or local economies. soliciting public comment. Consumer Advisory Council; Notice of Committee Reports. Reports from Interested parties were given sixty Meeting of Consumer Advisory Council committees on their work for (60) days in which to submit comments, Council; Correction 1996. suggestions or objections regarding the Other matters previously considered proposed form of the order. The Consumer Advisory Council will by the Council or initiated by Council No comments having been received, meet on Thursday, June 27. The members also may be discussed. the Commission has ordered the meeting, which will be open to public Persons wishing to submit to the issuance of the complaint in the form observation, will take place in Terrace Council their views regarding any of the contemplated by the agreement, made Room E of the Martin Building. The above topics may do so by sending its jurisdictional findings and entered meeting is expected to begin at 9:00 a.m. written statements to Deanna Aday- on order to cease and desist, as set forth and to continue until 4:00 p.m., with a Keller, Secretary, Consumer Advisory in the proposed consent agreement, in lunch break from 1:00 p.m. until 2:30 Council, Division of Consumer and disposition of this proceeding. p.m. The Martin Building is located on Community Affairs, Board of Governors (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets C Street, Northwest, between 20th and of the Federal Reserve System, or applies sec. 5, 38 Stat. 719, as amended; 21st Streets in Washington, D.C. Washington, D.C. 20551. Comments 15 U.S.C. 45) The Council’s function is to advise must be of a quality suitable for Donald S. Clark, the Board on the exercise of the Board’s reproduction. Secretary. responsibilities under the Consumer Information with regard to this [FR Doc. 96–15300 Filed 6–14–96; 8:45 am] meeting may be obtained from Ms. Credit Protection Act and on other BILLING CODE 6750±01±M matters on which the Board seeks its Aday-Keller, 202-452-6470. advice. Time permitting, the Council Telecommunications Device for the Deaf will discuss the following topics: (TDD) users may contact Dorothea [Dkt. C±3653] Home Equity Lines of Credit. Thompson, 202-452-3544. Azrak-Hamway International, Inc., et Discussion led by the Consumer Credit Board of Governors of the Federal Reserve al.; Prohibited Trade Practices, and Committee on the Board’s upcoming System, June 11, 1996. Affirmative Corrective Actions report to Congress on whether the Truth William W. Wiles, in Lending Act cost disclosure and other Secretary of the Board AGENCY: Federal Trade Commission. rules for home equity lines of credit [FR Doc. 96–15276 Filed 6–14–96; 8:45 am] ACTION: Consent order. provide adequate consumer protections. BILLING CODE 6210±01±F The Board’s report may include SUMMARY: In settlement of alleged suggestions for legislative revisions. violations of federal law prohibiting unfair or deceptive acts or practices and Community Reinvestment Act Reform. FEDERAL TRADE COMMISSION Discussion led by the Bank Regulation unfair methods of competition, this Committee on the results of the small [Docket No. C±3655] consent order prohibits, among other bank examinations conducted since the things, the New York-based implementation of revised CRA Amoco Oil Company; Prohibited Trade manufacturers and distributors of toys regulations. Practices, and Affirmative Corrective from using deceptive demonstrations Interim Report on Streamlining Actions and certain other misrepresentations. In addition, the consent order requires the Mortgage Loan Closing Process. AGENCY: Federal Trade Commission. Discussion led by the Community respondents to offer full refunds to ACTION: Consent order. Affairs and Housing Committee on its consumers who bought Steel Tec toy efforts, jointly with the Consumer Credit SUMMARY: In settlement of alleged vehicles, and to notify television Committee, to identify and recommend violations of federal law prohibiting stations that ran the challenged areas to streamline the mortgage closing unfair or deceptive acts or practices and advertisements of the Commission paperwork process. unfair methods of competition, this action, and of the availability of Regulatory Coverage for Stored-Value consent order requires, among other guidelines for screening children’s Cards and Electronic Banking. things, the Chicago-based corporation to advertising. Discussion led by the Depository and possess competent and reliable DATES: Complaint and Order issued May Delivery Systems Committee on the scientific evidence to substantiate 2, 1996.1 proposal by the Federal Reserve Board claims regarding the environmental FOR FURTHER INFORMATION CONTACT: to exempt many types of stored-value benefits, engine performance, power, Toby Levin, FTC/S–4002, Washington, cards from consumer protections acceleration, or engine cleaning ability D.C. 20580. (202) 326–3156. included in Regulation E. of any gasoline. ATM Surcharges and Fees. Discussion Reference Branch, H–130, 6th Street & Pennsylvania DATES: Complaint and Order issued May Avenue, N.W., Washington, D.C. 20580. led by the Depository and Delivery 1 7, 1996. 1 Copies of the Complaint and the Decision and Systems Committee on proposed Order are available from the Commission’s Public legislation governing ATM surcharges 1 Copies of the Complaint and the Decision and Reference Branch, H–130, 6th Street & Pennsylvania and fees. Order are available from the Commission’s Public Avenue, N.W., Washington, D.C. 20580. 30614 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

SUPPLEMENTARY INFORMATION: On 47369, a proposed consent agreement A comment was filed and considered Thursday, February 22, 1996, there was with analysis In the Matter of Columbia/ by the Commission. The Commission published in the Federal Register, 61 FR HCA Healthcare Corporation, for the has ordered the issuance of the 6841, a proposed consent agreement purpose of soliciting public comment. complaint in the form contemplated by with analysis in the Matter of Azrak- Interested parties were given sixty (60) the agreement, made its jurisdictional Hamway International, Inc., et al., for days in which to submit comments, findings and entered an order to cease the purpose of soliciting public suggestions or objections regarding the and desist, as set forth in the proposed comment. Interested parties were given proposed form of the order. consent agreement, in disposition of this sixty (60) days in which to submit No comments having been received, proceeding. comments, suggestions or objections the Commission has ordered the (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets regarding the proposed form of the issuance of the complaint in the form or applies sec. 5, 38 Stat. 719, as amended; order. contemplated by the agreement, made 15 U.S.C. 45, 52) No comments having been received, its jurisdictional findings and entered Donald S. Clark, the Commission has ordered the an order to divest, as set forth in the Secretary. issuance of the complaint in the form proposed consent agreement, in [FR Doc. 96–15303 Filed 6–14–96; 8:45 am] contemplated by the agreement, made disposition of this proceeding. BILLING CODE 6750±01±M its jurisdictional findings and entered (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret an order to cease and desist, as set forth or apply sec. 5, 38 Stat. 719, as amended; sec. in the proposed consent agreement, in 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) [Dkt. C±3642] disposition of this proceeding. Donald S. Clark, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets Secretary. Good News Products, Inc.; Prohibited or applies sec. 5, 38 Stat. 719, as amended; [FR Doc. 96–15302 Filed 6–14–96; 8:45 am] Trade Practices, and Affirmative 15 U.S.C. 45) BILLING CODE 6750±01±M Corrective Actions Donald S. Clark, Secretary. AGENCY: Federal Trade Commission. [Dkt. C±3643] [FR Doc. 96–15301 Filed 6–14–96; 8:45 am] ACTION: Consent order. BILLING CODE 6750±01±M The Dannon Company, Inc.; Prohibited SUMMARY: In settlement of alleged Trade Practices, and Affirmative violations of federal law prohibiting [Dkt. C±3627] Corrective Actions unfair or deceptive acts or practices and unfair methods of competition, this AGENCY: Federal Trade Commission. Columbia/HCA Healthcare consent order prohibits, among other Corporation; Prohibited Trade ACTION: Consent order. things, a Michigan corporation from Practices, and Affirmatives Corrective SUMMARY: In settlement of alleged misrepresenting the fat or nutrient Actions violations of federal law prohibiting content of eggs or products containing egg yolks. In addition, the consent order AGENCY: Federal Trade Commission. unfair or deceptive acts or practices and prohibits the respondent from making ACTION: Consent order. unfair methods of competition, this consent order prohibits, among other health claims regarding such products SUMMARY: In settlement of alleged things, a New York-based frozen yogurt unless it possesses reliable scientific violations of federal law prohibiting manufacturer from misrepresenting the evidence to substantiate the claims. unfair or deceptive acts or practices and amount of fat, calories, or cholesterol in DATES: Complaint and Order issued unfair methods of competition, this any frozen yogurt products. The consent February 22, 1996.1 consent order, among other things, order requires the respondent to pay FOR FURTHER INFORMATION CONTACT: permits a Tennessee-based corporation $150,000 to the U.S. Treasury. This Phoebe Morse, FTC/Boston Regional to acquire John Randolph Medical action settles allegations stemming from Office, 101 Merrimac St., Suite 810, Center in Hopewell, VA. and requires nutritional claims made in Boston, MA. 02114–4719. (617) 424– the respondent to divest, within 12 advertisements for Dannon’s Pure 5960. months, Poplar Springs Hospital, in Indulgence frozen yogurt. SUPPLEMENTARY INFORMATION: On Petersburg, VA., to a Commission- DATES: Complaint and Order issued Wednesday, July 5, 1995, there was approved entity. In addition, the March 18, 1996.1 published in the Federal Register, 60 FR consent order requires the respondent, FOR FURTHER INFORMATION CONTACT: 35027, a proposed consent agreement for 10 years, to notify the Commission Peter Metrinko, FTC/S–4302, with analysis In the Matter of Good before combining its psychiatric facility Washington, DC 20580, (202) 326–2104. News Products, Inc., for the purpose of with any other psychiatric hospital SUPPLEMENTARY INFORMATION: On soliciting public comment. facility in the Tri-Cities area of south Tuesday, December 12, 1995, there was Interested parties were given sixty central Virginia. published in the Federal Register, 60 FR (60) days in which to submit comments, DATES: Complaint and Order issued 63715, a proposed consent agreement suggestions or objections regarding the November 24, 1995.1 with analysis In the Matter of The proposed form of the order. FOR FURTHER INFORMATION CONTACT: Dannon Company, Inc., for the purpose A comment was filed and considered Oscar Voss, FTC/S–3115, Washington, of soliciting public comment. by the Commission. The Commission D.C. 20580. (202) 326–2750. Interested parties were given sixty has ordered the issuance of the SUPPLEMENTARY INFORMATION: On (60) days in which to submit comments, complaint in the form contemplated by Tuesday, September 12, 1995, there was suggestions or objections regarding the the agreement, made its jurisdictional published in the Federal Register, 60 FR proposed form of the order. findings and entered an order to cease

1 Copies of the Complaint and the Decision and 1 Copies of the Complaint and the Decision and 1 Copies of the Complaint and the Decision and Order are available from the Commission’s Public Order are available from the Commission’s Public Order are available from the Commission’s Public Reference Branch, H–130, 6th Street & Pennsylvania Reference Branch, H–130, 6th Street & Pennsylvania Reference Branch, H–130, 6th Street & Pennsylvania Avenue, N.W., Washington, D.C. 20580. Avenue, NW., Washington, DC 20580. Avenue, NW., Washington, DC 20580. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30615 and desist, as set forth in the proposed (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret [Dkt. C±3216] consent agreement, in disposition of this or apply sec. 5, 38 Stat. 719, as amended; sec. proceeding. 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) L'Air Liquide S.A., et al.; Prohibited Donald S. Clark, Trade Practices and Affirmative (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets Corrective Actions or applies sec. 5, 38 Stat. 719, as amended; Secretary. 15 U.S.C. 45, 52) [FR Doc. 96–15305 Filed 6–14–96; 8:45 am] AGENCY: Federal Trade Commission. Donald S. Clark, BILLING CODE 6750±01±M ACTION: Set aside order. Secretary. [FR Doc. 96–15304 Filed 6–14–96; 8:45 am] SUMMARY: This order reopens a 1987 BILLING CODE 6750±01±M [Docket No. C±3645] consent order—which required L’Air Liquide to divest certain specified air Johnson & Johnson; Prohibited Trade separation gases assets and required [Dkt. C±3652] Practices, and Affirmative Corrective prior Commission approval before Hughes Danbury Optical Systems, Inc., Actions making certain acquisitions—and sets et al.; Prohibited Trade Practices, and aside the consent order pursuant to the AGENCY: Federal Trade Commission. Affirmative Corrective Actions Commission’s Prior Approval Policy ACTION: Consent order. Statement, under which the AGENCY: Federal Trade Commission. Commission presumes that the public ACTION: Consent order. SUMMARY: In settlement of alleged interest requires setting aside the prior approval requirements in outstanding SUMMARY: In settlement of alleged violations of federal law prohibiting unfair or deceptive acts or practices and merger orders and making them violations of federral law prohibiting consistent with the policy. unfair or deceptive acts or practices and unfair methods of competition, this unfair methods of competition, this consent order requires, among other DATES: Consent order issued July 15, consent order prohibits, among other things, a New Jersey-based manufacturer 1987. Set aside order issued February 1 things, the respondents from enforcing of health care products to divest, within 15, 1996. the exclusivity provisions contained in 12 months, the Cordis Neuroscience FOR FURTHER INFORMATION CONTACT: a teaming agreement—between Hughes Business to a Commission-approved Daniel Ducore, FTC/S–2115, Danbury Optical Systems, Inc. and acquirer. If the transaction is not Washington, D.C. 20580. (202) 326– Xinetics, Inc.—thereby ensuring that the complete as required, then the 2526. Boeing Corp. team has a source for Commission may appoint a trustee. SUPPLEMENTARY INFORMATION: In the Matter of L’Air Liquide S.A., et al. The deformable mirrors other than Itek DATES: Complaint and Order issued prohibited trade practices and/or Optical Systems, once Itek is acquired March 19, 1996.1 by Hughes. The order also prohibits the corrective actions are removed as respondents from accessing proprietary FOR FURTHER INFORMATION CONTACT: Ann indicated. information from Itek regarding the Malester, FTC/S–2308, Washington, DC (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Boeing team’s airborne laser technical 20580. (202) 326–2682. or apply sec. 5, 38 Stat. 719, as amended; sec. design or the cost of its adaptive optics SUPPLEMENTARY INFORMATION: On 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) system. Tuesday, January 2, 1996, there was Donald S. Clark, DATES: Complaint and Order issued published in the Federal Register, 61 FR Secretary. April 30, 1996.1 66, a proposed consent agreement with [FR Doc. 96–15308 Filed 6–14–96; 8:45 am] FOR FURTHER INFORMATION CONTACT : Ann analysis In the Matter of Johnson & BILLING CODE 6750±01±M Malester, FTC/S–2308, Washington, DC Johnson, for the purpose of soliciting 20580. (202) 326–2682. public comment. Interested parties were SUPPLEMENTARY INFORMATION: On given sixty (60) days in which to submit [Dkt. C±3656] Thursday, February 22, 1996, there was comments, suggestions or objections published in the Federal Register, 61 FR Litton Industries, Inc.; Prohibited Trade regarding the proposed form of the Practices, and Affirmative Corrective 6847, a proposed consent agreement order. with analysis In the Matter of Hughes Actions No comments having been received, Danbury Optical Systems, Inc., et al., for the Commission has ordered the AGENCY: Federal Trade Commission. the purpose of soliciting public issuance of the complaint in the form ACTION: Consent order. comment. Interested parties were given contemplated by the agreement, made sixty (60) days in which to submit its jurisdictional findings and entered SUMMARY: In settlement of alleged comments, suggestions or objections an order to divest, as set forth in the violations of federal law prohibiting regarding the proposed form of the proposed consent agreement, in unfair or deceptive acts or practices and order. disposition of this proceeding. unfair methods of competition, this No comments having been received, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret consent order requires, among other the Commission has ordered the things, the California-based corporation issuance of the complaint in the form or apply sec. 5, 38 Stat. 719, as amended; sec. 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) to divest, within ninety days, PRC, Inc.’s contemplated by the agreement, made $40 million systems engineering and its jurisdictional findings and entered Donald S. Clark, Secretary. technical assistance contract for the an order to cease and desist, as set forth Navy’s Aegis destroyer program. If the [FR Doc. 96–15307 Filed 6–14–96; 8:45 am] in the proposed consent agreement, in divestiture is not completed as required, disposition of this proceeding. BILLING CODE 6750±01±M 1 Copies of the Consent Order and Set Aside 1 Copies of the Complaint and the Decision and 1 Copies of the Complaint and the Decision and Order are available from the Commission’s Public Order are available from the Commission’s Public Order are available from the Commission’s Public Reference Branch, H–130, 6th Street and Reference Branch, H–130, 6th Street & Pennsylvania Reference Branch, H–130, 6th Street & Pennsylvania Pennsylvania Avenue, N.W., Washington, D.C. Avenue, NW., Washington, DC 20580. Avenue, NW., Washington, DC 20580. 20580. 30616 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices the Commission may appoint a trustee SUPPLEMENTARY INFORMATION: On Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. to finalize the divestiture. Wednesday, January 3, 1996, there was 46. Interprets or applies sec. 2, 49 Stat. 1526; DATES: Complaint and Order issued May published in the Federal Register, 61 FR 15 U.S.C. 13. 7, 1996.1 168, a proposed consent agreement with Donald S. Clark, FOR FURTHER INFORMATION CONTACT: analysis In the Matter of Mama Tish’s Secretary. Ann Malester, FTC/S–2308, Italian Specialties, Inc., for the purpose [FR Doc. 96–15311 Filed 6–14–96; 8:45 am] Washington, DC 20580, (202) 326–2682. of soliciting public comment. Interested BILLING CODE 6750±01±M SUPPLEMENTARY INFORMATION: On parties were given sixty (60) days in Monday, February 26, 1996, there was which to submit comments, suggestions published in the Federal Register, 61 FR or objections regarding the proposed [Dkt. C±3654] 7105, a proposed consent agreement form of the order. with analysis In the Matter of Litton No comments having been received, Starwood Advertising, Inc., et al.; the Commission has ordered the Industries, Inc., for the purpose of Prohibited Trade Practices, and issuance of the complaint in the form soliciting public comment. Affirmative Corrective Actions Interested parties were given sixty contemplated by the agreement, made its jurisdictional findings and entered (60) days in which to submit comments, AGENCY: Federal Trade Commission. suggestions or objections regarding the an order to cease and desist, as set forth proposed form of the order. in the proposed consent agreement, in ACTION: Consent order. No comments having been received, disposition of this proceeding. the Commission has ordered the (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets SUMMARY: In settlement of alleged issuance of the complaint in the form or applies sec. 5, 38 Stat. 719, as amended; violations of federal law prohibiting contemplated by the agreement, made 15 U.S.C. 45, 52) unfair or deceptive acts or practices and its jurisdictional findings and entered Donald S. Clark, unfair methods of competition, this an order to divest, as set forth in the Secretary. consent order prohibits, among other proposed consent agreement, in [FR Doc. 96–15310 Filed 6–14–96; 8:45 am] things, a Colorado-based advertising disposition of this proceeding. BILLING CODE 6750±01±M agency and its officer from using (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret deceptive demonstrations and certains or apply sec. 5, 38 Stat. 731, as amended; 15 other misrepresentations in future U.S.C. 45, 18) advertising campaigns. [Dkt. 6600] Donald S. Clark, DATES: Complaint and Order issued May Secretary. P. Lorillard Co.; Prohibited Trade 2, 1996.1 [FR Doc. 96–15309 Filed 6–14–96; 8:45 am] Practices and Affirmative Corrective FOR FURTHER INFORMATION CONTACT: BILLING CODE 6750±01±M Actions Toby Levin, FTC/S–4002, Washington, AGENCY: Federal Trade Commission. D.C. 20580. (202) 326–3156. [Dkt. C±3644] ACTION: Set aside order. SUPPLEMENTARY INFORMATION: On Mama Tish's Italian Specialties, Inc.; Thursday, February 22, 1996, there was Prohibited Trade Practices, and SUMMARY: This order reopens a 1958 published in the Federal Register, 61 FR Affirmative Corrective Actions consent order—which required Lorillard 6851, a proposed consent agreement to offer compensation for promotional AGENCY: Federal Trade Commission. with analysis In the Matter of Starwood services on proportionally equal terms Advertising, Inc., et al., for the purpose ACTION: Consent order. to all competing companies that of soliciting public comment. Interested distribute its tobacco and other parties were given sixty (60) days in SUMMARY: In settlement of alleged products—and sets aside the consent which to submit comments, suggestions violations of federal law prohibiting order pursuant to the Commission’s or objections regarding the proposed unfair or deceptive acts or practices and Sunset Policy Statement, under which form of the order. unfair methods of competition, this the Commission presumes that the consent order prohibits, among other public interest requires terminating No comments having been received, things, an Illinois ice cup dessert competition orders that are more than the Commission has ordered the manufacturer from misrepresenting the 20 years old. issuance of the complaint in the form existence or amount of calories or any contemplated by the agreement, made DATES: Consent order issued May 7, other nutrient or ingredient in any its jurisdictional findings and entered 1958. Set aside order issued August 24, frozen dessert product. an order to cease and desist, as set forth 1995.1 DATES: Complaint and Order issued in the proposed consent agreement, in March 19, 1996.1 FOR FURTHER INFORMATION CONTACT: disposition of this proceeding. Roberta Baruch, FTC/S–2115, FOR FURTHER INFORMATION CONTACT: C. Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. Steven Baker, FTC/Chicago Regional Washington, D.C. 20580. (202) 326– 2861. 46. Interprets or applies sec. 5, 38 Stat. 719, Office, 55 E. Monroe St., Suite 1437, as amended; 15 U.S.C. 45. Chicago, IL. 60603. (312) 353–8156. SUPPLEMENTARY INFORMATION: In the Donald S. Clark, Matter of P. Lorillard Co. The prohibited Secretary. 1 Copies of the Complaint, the Decision and trade practices and/or corrective actions Order, and Commissioner Azcuenaga’s statement [FR Doc. 96– 15312 Filed 6–14–96; 8:45 am] are available from the Commission’s Public are removed as indicated. BILLING CODE 6750±01±M Reference Branch, H–130, 6th Street and Pennsylvania Avenue, NW., Washington, DC 20580. 1 Copies of the Consent Order and SEt Aside 1 Copies of the Complaint and the Decision and Order are available from the Commission’s Public 1 Copies of the Complaint and the Decision and Order are available from the Commission’s Public Reference Branch, H–130, 6th Street and Order are available from the Commission’s Public Reference Branch, H–130, 6th Street & Pennsylvania Pennsylvania Avenue, N.W., Washington, D.C. Reference Branch, H–130, 6th Street & Pennsylvania Avenue, N.W., Washington, D.C. 20580. 20580. Avenue, N.W., Washington, D.C. 20580. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30617

[Dkt. C±3641] DEPARTMENT OF HEALTH AND national leadership to ensure that HUMAN SERVICES knowledge, based on science and state- WLAR Co., et al.; Prohibited Trade of-the-art practice, is effectively used for Practices, and Affirmative Corrective Substance Abuse and Mental Health the prevention and treatment of Actions Services Administration; Statement of addictive and mental disorders. Further, Organization, Functions, and SAMHSA strives to improve access and AGENCY: Federal Trade Commission. Delegations of Authority reduce barriers to high quality, effective programs and services for individuals ACTION: Consent order. Part M of the Substance Abuse and who suffer from, or are at risk for, these Mental Health Services Administration disorders, as well as for their families SUMMARY: In settlement of alleged (SAMHSA) Statement of Organization, and communities. violations of federal law prohibiting Functions, and Delegations of Authority Section M–10, Organization. The unfair or deceptive acts or practices and for the Department of Health and Substance Abuse and Mental Health unfair methods of competition, this Human Services is amended as follows: Services Administration is an Operating consent order prohibits, among other Part M as amended most recently at 60 Division under the direction of an things, a Virginia-based corporation and FR 56606, November 9, 1995 and 57 FR Administrator who reports directly to its officer from making unsubstantiated 53907, November 13, 1992. The changes the Secretary. representations for their weight-loss in SAMHSA will: (1) reflect the formal Section M–20, Functions.—A. Office booklets, products or program. The establishment of Part M, Substance of the Administrator (MA) The consent order requires the respondents Abuse and Mental Health Services Administrator is responsible to the to provide, in future advertisements, a Administration, as an Operating Secretary in managing and directing Division reporting directly to the disclosure statement that the products SAMHSA. The office functions are as Secretary of Health and Human Services consist solely of a booklet or pamphlet follows: (1) Provides leadership in the and (2) streamline the administrative containing information and advice on development of agency policies and structure, strengthen SAMHSA’s weight-loss. programs; (2) maintains liaison with the programs, and more effectively utilize Office of the Secretary on matters DATES: Complaint and Order issued the Agency’s resources. related to program and other activities; February 21, 1996.1 Specific major changes are as follows: (3) provides oversight for coordination a. Remove Part HM from the FOR FURTHER INFORMATION CONTACT: between SAMHSA components and the Statement of Organization, Functions, alcohol, drug abuse, and mental health Richard Cleland, FTC/S–4002, and Delegations of Authority to Part M, Institutes of National Institutes of Washington, D.C. 20580. (202) 326– Substance Abuse and Mental Health Health (NIH) on dissemination of 3088. Services Administration. research findings in the areas of alcohol, b. Abolish the Office of Extramural drug abuse, and mental health; (4) SUPPLEMENTARY INFORMATION: On Programs (HMA5) and the Office for Wednesday, June 21, 1995, there was provides leadership and guidance in Management, Planning, and developing and implementing Agency published in the Federal Register, 60 FR Communications (HMB), along with 32324, a proposed consent agreement plans to meet women’s substance abuse their functional responsibilities. and mental health services needs; (5) with analysis In the Matter of WLAR c. Establish a new Office of Program coordinates Agency minority affairs Co., et al., for the purpose of soliciting Services (MB). activities; (6) coordinates managed care public comment. Interest parties were d. Establish a new Office of activities in the Agency; (7) provides given sixty (60) days in which to submit Extramural Activities Review (ME). Agency correspondence control e. Remove the Office of Applied comments, suggestions or objections services; (8) analyzes legislative issues; Studies (HMA8) from the Office of the regarding the proposed form of the and maintains liaison with order. Administrator and establish it as an congressional committees; (9) develops independent component. Agency strategic plans and conducts, Comments were filed and considered f. Formalize the minority affairs analyzes, and supports future planning by the Commission. The Commission functions as part of the Office of the activities; (10) coordinates Agency has ordered the issuance of the Administrator (MA). communications and public affairs complaint in the form contemplated by g. Establish a new Office of Managed activities; (11) carries out SAMHSA- the agreement, made its jurisdictional Care as part of the Office of the wide functions such as coordination of findings and entered an order to cease Administrator (MA). and desist, as set forth in the proposed Establish Part M, Substance Abuse equal employment opportunity consent agreement, in disposition of this and Mental Health Services activities; and (12) coordinates Administration (SAMHSA), of the Agencywide AIDS activities. proceeding. B. Office of Program Services (MB). Statement of Organization, Functions, Authority: Sec. 6, 38 stat. 721; 15 U.S.C. The Office of Program Services (OPS) and Delegations of Authority of the 46. Interprets or applies sec. 5, 38 Stat. 719, works in partnership with other Department of Health and Human as amended; 15 U.S.C. 45. SAMHSA components in managing and Services to read as follows: Donald S. Clark, providing leadership in the following Secretary. Substance Abuse and Mental Health services areas: information resources Services Administration [FR Doc. 96–15313 Filed 6–14–96; 8:45 am] management (IRM), financial M.00 Mission management, human resources BILLING CODE 6750±01±M M.10 Organization management, grants and contracts M.20 Functions management, and administrative M.30 Order of Succession services. M.40 Delegations of Authority 1 Copies of the Complaint and the Decision and C. Office of Applied Studies (MC). (1) Order are available from the Commission’s Public Section M.00, Mission. The Substance Coordinates, interprets policy and Reference Branch, H–130, 6th Street & Pennsylvania Abuse and Mental Health Services provides general oversight of all Avenue, N.W., Washington, D.C. 20580. Administration (SAMHSA) provides SAMHSA data activities; (2) identifies 30618 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices gaps in data gathering activities and contracts, and cooperative agreements practice-based knowledge in the works with agency components to which support the development and prevention and treatment of mental implement comprehensive, appropriate application of new knowledge in the disorders; to improve access, reduce and responsive data gathering efforts; (3) substance abuse prevention field; (4) barriers, and promote high quality serves as a repository of information on participates in the application and effective programs and services for data related to mental illness and dissemination of research people with, or at risk for, these substance abuse, including both Federal demonstration findings on the disorders; as well as for their families and non-Federal efforts; (4) analyzes prevention of substance abuse; (5) and communities; and to promote an survey data for the purpose of report fosters interagency and State prevention improved state of mental health within preparation in response to specific networks; (6) develops and implements the Nation as well as the rehabilitation requests for information; (5) reviews workplace prevention programs with of people with mental disorders. To program evaluation efforts of the business and industry; (7) supports accomplish this, the Center: (1) supports agency; (6) manages the 1 percent training for substance abuse service and demonstration programs evaluation process; (7) undertakes practitioners and other health designed to improve access to care and special projects either directly or professionals involved in alcohol and improve the quality of treatment, through coordination with agency drug abuse education, prevention, and rehabilitation, prevention, and related components and other Federal agencies early intervention; (8) provides services, especially for those to address topical areas; (8) manages the technical assistance to States and local traditionally unserved, underserved, or Office of Management and Budget authorities and other national inappropriately served; (2) identifies clearance process for SAMHSA data organizations and groups in the national mental health goals and surveys; (9) oversees national substance planning, establishment, and develops strategies to meet them; (3) abuse and mental health surveys, such maintenance of substance abuse administers grants, contracts, and as the National Household Survey on prevention efforts; (9) reviews and cooperative agreements which support Drug Abuse (NHSDA), the Drug Abuse approves and/or disapproves the State the development and application of new Warning Network (DAWN) and the Drug Prevention Plans developed under the knowledge in the mental health field; and Alcohol Services Information Substance Abuse Prevention and (4) supports activities to improve the System (DASIS); (10) provides oversight Treatment Block Grant Program administration, availability, and management of those surveys for authority; (10) implements the tobacco organization, and financing of mental which the Office is responsible for regulations and other regulations, as health care, including managed care either directly or through contract; (11) appropriate, and as they relate to activities; (5) supports technical evaluates the relevance of existing CSAP’s programs; (11) collects and assistance activities to educate surveys to the needs of SAMHSA compiles substance abuse prevention professionals, consumers, family components, HHS, and the Office of literature and other materials, and members, and communities, and National Drug Control Policy (ONDCP); supports a clearinghouse to disseminate promotes training efforts to enhance the (12) prepares reports of the survey finds such materials among States, political human resources necessary to support for dissemination; and (13) provides subdivisions, educational agencies and epidemiologic and statistical mental health services; (6) collects data institutions, health and drug treatment/ on the various forms of mental illness, consultation within SAMHSA for other rehabilitation networks, and the general components of the Administration and including data on treatment programs, public; (12) serves as a national on the type of care provided, on the Centers. authority and resource for the D. Office of Extramural Activities characteristics of those treated, on development and analysis of Review (ME). (1) establishes extramural national incidence and prevalence, and information relating to the prevention of review policy for SAMHSA, in such other data as may be appropriate; substance abuse; (13) collaborates with, consultation with the Office of the (7) administers the Block Grants for and encourages other Federal agencies, Administrator and the three SAMHSA Community Mental Health Services and national, foreign, international, State Centers; (2) administers the peer and other programs providing direct and local organizations to promote objective review of agency grant/ assistance to States; (8) collects, substance abuse prevention activities; cooperative agreement applications and synthesizes, and disseminates mental (14) provides and promotes the contract proposals; and (3) consults health information and research with agency officials as they develop evaluation of individual projects as well findings to the States, other announcements for grants and as overall programs; (15) collaborates governmental and mental health-related cooperative agreements. with the alcohol, drug abuse, mental organizations, and the general public; E. Center for Substance Abuse health, and child development Institutes (9) coordinates and plans administrative Prevention (MP). The Center for of the National Institutes of Health on and budget functions within the Center; Substance Abuse Prevention (CSAP) services research issues as well as on (10) collaborates with other Federal provides a national focus for the Federal other programmatic issues; and (16) agencies/departments, State and sub- effort to prevent substance abuse. In conducts managed care activities and state units of Government, and the carrying out this responsibility, the coordinates these activities with private sector to improve the system of Center: (1) provides a national focus for SAMHSA and other DHHS components; treatment and social welfare supports the Federal effort to demonstrate and and (17) provides a focus for addressing for seriously mentally ill adults and promote effective strategies to prevent the substance abuse prevention needs of severely emotionally disturbed children the abuse of alcohol, tobacco, and other individuals with multiple, co-occurring and adolescents; (11) conducts activities drugs; (2) develops, implements, and drug, alcohol, mental, and physical to promote advocacy, self-help, and reviews prevention and health problems. mutual support and to ensure the legal promotion policy related to substance F. Center for Mental Health Services rights of mentally ill persons, including abuse and analyzes the impact of (MS). The Center for Mental Health those in jails and prisons; (12) Federal activities on State and local Services (CMHS) provides national cooperates with other Federal Governments and private program leadership to ensure the application of components to coordinate disaster activities; (3) administers grants, scientifically established findings and assistance, community response, and Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30619 other mental health emergency services Administrator, SAMHSA, or in the 1996 requesting a two year phase-in of as a consequence of national disasters; event of a vacancy in that office, the first the reporting requirements starting in (13) collaborates with the alcohol, drug official listed below would perform the FY 1996. Most of the 15 respondents abuse, and mental health Institutes of duties of the Administrator, except that support implementation of the SPR. the National Institutes of Health on during a planned period of absence, the However 5 raised cost considerations in services research issues as well as on Administrator may specify a different light of dwindling resources for services other programmatic issues; (14) order of succession: (1) Deputy to the elderly. While one respondent promotes the development, Administrator; and (2) Executive objected to a requirement to collect dissemination, and application of Officer, SAMHSA. information on the nutritional status of standards and best practices; and (15) Section M–40, Delegations of congregate meals clients, 5 other provides a focus for addressing the Authority. All delegations and respondents strongly advocate that the mental health needs of individuals with redelegations of authority to officers and information be collected. The remaining multiple, co-occurring drug, alcohol, employees of SAMHSA which were in comments relate to technical changes mental, and physical problems. effect immediately prior to the effective which have been made and to G. Center for Substance Abuse date of this reorganization shall administrative issues which AoA will Treatment (MT). The principal function continue in effect pending further address through training and of the Center is to provide national redelegation, providing they are operational adjustments. Call the leadership for the Federal effort to consistent with this reorganization. Administration on Aging, Office of State enhance approaches and provide These organizational changes are and Community Programs at (202) 619– resources to ensure provision of effective June 10, 1996. 0011 for copies of the proposed services’ programs focusing on the Dated: June 10, 1996. reporting requirements. Written treatment of substance abuse and co- comments and recommendations for the occurring physical and/or psychiatric Nelba Chavez, proposed information collection conditions. In carrying out this Administrator. requirements should be sent within 30 responsibility, the Center for Substance [FR Doc. 96–15340 Filed 6–14–96; 8:45 am] days of the publication of this notice Abuse Treatment: (1) collaborates with BILLING CODE 4160±01±M directly to the following address: OMB States, communities, health care Reports Management Branch, attention: providers and national organizations to Allison Eydt, New Executive Office upgrade the quality of addiction Administration on Aging Building, Room 3208, Washington, DC treatment, to improve the effectiveness Public Information Collection 20503. of substance abuse treatment programs, Requirement Submitted to the Office of and to provide resources to ensure Dated: June 6, 1996. provision of services; (2) provides a Management and Budget (OMB) for Clearance William F. Benson, focus for addressing the treatment needs Deputy Assistant Secretary for Governmental of individuals with multiple, co- AGENCY: Administration on Aging, HHS. Affairs and Elder Rights. occurring drug, alcohol, mental, and The Administration on Aging (AoA), [FR Doc. 96–15218 Filed 6–14–96; 8:45 am] physical and co-morbidity problems; (3) Department of Health and Human BILLING CODE 4150±04±M administers grants, contracts, and Services, has submitted to the Office of cooperative agreements which support Management and Budget (OMB) the the development and application of new following proposal for the collection of Public Comment Regarding Proposed knowledge in the substance abuse information in compliance with the Guidance on the Use of Medical Food treatment field; (4) coordinates the Paperwork Reduction Act (Public Law and Food for Special Dietary Uses in evaluation of the Center’s programs; (5) 96–511): Older Americans Act Nutrition collaborates with the National Institute Title of Information Collection: State Programs on Drug Abuse (NIDA) and the States to Performance Report (SPR): Reporting promote development, dissemination, Requirements for Titles III and VII of the AGENCY: Administration on Aging, HHS. and application of treatment outcome Older Americans Act; standards; (6) collaborates with the Type of Request: Extension and The Administration on Aging (AoA), Office of the Administrator and other Revision; Department of Health and Human SAMHSA components in treatment data Use: To revise an existing information Services, is requesting public comment collection; (7) administers programs for collection form to conform to on a proposed Program Instruction training of health and allied health care amendments to the Older Americans regarding the use of medical food and providers (8) administers the Substance Act which directed the Administration food for special dietary uses in Older Abuse Prevention and Treatment Block on Aging to improve State reporting Americans Act Nutrition Programs. Grant Program including compliance requirements; Type of Request: Public comment. reviews, technical assistance to States, Frequency: Annually; Use: To inform the Administration on Territories, and Indian Tribes, and Respondents: State Agencies on Aging decision making process application and reporting requirements Aging; regarding the use of medical food and related to the block grant programs; (9) Estimated Number of Responses: 57; food for special dietary uses in Older conducts managed care activities and Total Estimated Burden Hours: coordinates these activities with 300,000. Americans Act Nutrition Programs. SAMHSA and other DHHS components; Additional Information or Comments: Additional Information or Comments: (10) collaborates with alcohol, drug The Administration on Aging intends to The proposed Program Instruction abuse, and mental health Institutes of submit to the Office of Management and provides guidance regarding the National Institutes of Health on services Budget for approval a new reporting appropriate use and federal funding of research issues as well as on other system for the State programs under the medical food and food for special programmatic issues. Older Americans Act. AoA printed a dietary uses in Older Americans Act Section M–30, Order of Succession. similar set of reporting specifications in (OAA) Nutrition Programs for States, During the absence or disability of the the Federal Register on February 13, Tribes and Area Agencies on Aging. 30620 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Background According to section 201 of the support. Oral health problems, such as Federal Food, Drug, and Cosmetic Act of loss of teeth, gingivitis, changes in The aging network is being challenged 1932, as amended, the term food for salivary function and sense of taste, to serve an increasing number of frailer, special dietary uses, affect chewing and swallowing and alter functionally impaired older individuals. as applied to food for man, means particular the type and quantity of food that can Many community dwelling elders are at (as distinguished from general) uses of food, be eaten. Mental health problems, such increased nutritional risk due to as follows: (i) uses for supplying particular as dementia, depression and chronic/acute diseases and conditions, dietary needs which exist by reason of a Alzheimer’s disease, interfere with including, but not limited to, physical, physical, physiological, pathological or other dietary quality and quantity and oral and mental health problems, that condition, including but no limited to the therefore may need nutrition support. remain after discharge from acute, conditions of diseases, convalescence, * ** underweight and overweight; (ii) uses for Medication side effects influence subacute or long-term care facilities. appetite and mental functioning. With development of home and supplying particular dietary needs which exist by reason of age, * * *; (iii) uses for Texture modification (chopping, community-based long-term care supplementary or fortifying the ordinary or pureeing, thickening, blending) and services, the aging network has been usual diet with any vitamin, mineral or other supplementation (additional protein, called upon to meet nutritional needs of dietary property. carbohydrate, fat, fiber) of conventional elders that go beyond the typical one- Food and Health food are considered nutrition support meal-a-day service. State Units on Aging for some physical, oral and mental (SUAs), Area Agencies on Aging Every effort should be made to meet problems. (AAAs), and Nutrition Service Providers the special nutritional needs of elders (NSPs) have expanded nutrition services by using conventional food. Food meets Policy Instruction beyond meals to meet the varying physiological needs for energy, Subpart 132.11 of the current OAA nutritional needs and functional nutrients and bulk (fiber). Food also has regulations state that: capabilities of growing numbers of important physchological, social and (a) The State agency on aging shall develop impaired elders. functional value. Conventional food and beverages, particularly those that are policies governing all aspects of programs Private industry has also recognized operated under this part * * * These nutrient dense are always the first the expanding home and community policies shall be developed in consultation therapeutic approach to improving or care market. As care of frailer elders has with other appropriate parties in the modifying diets for individuals who can expanded beyond hospitals and nursing State * * * consume regular food and beverages and homes, pharmaceutical companies have are not severely malnourished. Texture A Tribe is likewise expected to develop begun marketing products to home modification of regular food is the first policies governing program operations. health agencies, home and community- approach to chewing or swallowing A State or Tribe may choose to allow based care providers, nutrition service problems. At times, however, regular the provision of medical food and food providers, caregivers, and elders foods and beverages, even those for special dietary uses and to use OAA themselves. Companies have developed modified in texture or nutrient content, and USDA funds if the SUA or Tribal a wide range of products, such as may not be enough. It may then be policy complies with • thickeners, shake-type beverages, soups, appropriate to consider medical food Statutory terminology for medical bars, puddings, cookies, etc., which are and food for special dietary uses. food and food for special dietary uses; specifically formulated and labeled to Medical nutrition therapy is the • Appropriate Use Guidelines (stated meet the nutritional requirements or assessment of the nutritional status of below) for substitution for a meal dietary needs of elders who, due to a an individual with a condition, illness, component(s) and/or replacement of a disease or health-related condition, or injury that puts them at nutritional conventional meal; and cannot meet their nutritional risk and the provision of nutrition • Federal, State, Tribal, and local requirements using only conventional support either as diet modification and laws, regulations, policies and food. While often known by a variety of counseling or as specialized nutrition guidelines. names, such as nutrition supplements, therapies designed to achieve Appropriate Use Guidelines ‘‘liquid meals,’’ oral supplements, the nutritional goals and desired health most appropriate statutory terms are outcomes. Specialized nutrition AoA would allow funding and USDA medical food and food for special therapies may include the use of would reimburse on a per meal basis for dietary uses. Although some SUAs, medical food and food for special medical food and/or food for special AAAs, and NSPs across the country dietary uses that are administered by dietary uses when: have developed policy regarding the use oral (mouth) and non-oral • Criteria for the allowable medical and funding of these special products, (nasogastrically, enterally (gut)) routes. food or food for special dietary use are AoA has not provided guidance on this Medical food and food for special met; topic in the past. dietary uses that are administered • There is a recommendation by an Terminology parenterally (by vein) are classified as appropriate health professional such as drugs. Nutrition support may be an a physician or registered/licensed Public Law 100–290, The Orphan important component of the clinical dietitian as part of an overall medical Drug Amendment of 1988, April 18, management of chronic diseases, such nutrition therapy plan for the individual 1988, defines medical food as as heart, lung, kidney diseases, stroke, and the plan is periodically reevaluated diabetes, and some types of cancer. and updated; food which is formulated to be consumed or • administered entirely under supervision of a Nutrition support may also be a clinical The individual is provided with a 1 physician and which is intended for the management component used in the minimum of 33 ⁄3 percent of the specific dietary management of a disease or treatment of acute conditions, such as Recommended Dietary Allowances condition for which distinctive nutritional fractures, pre/post surgery, burns and established by the Food and Nutrition requirements, based on recognized scientific other traumas. Oral health problems, Board of the National Research Council principles, are established by medical more prevalent among older of the National Academy of Sciences, evaluation. individuals, may require nutrition except in cases where the individual’s Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30621 specific medical nutrition therapy plan domestic violence programs to be The Office of Community Services, dictates otherwise; and considered as model projects for Administration for Children and • If the medical food and/or food for evaluation and possible nationwide Families (OCS) will select and evaluate special dietary uses is/are used as a: distribution. four types of model programs for the • Substitution for part of the education of four specified audiences of conventional meal components, the SUMMARY: The Department of Health and young people about domestic violence combination of the medical food or food Human Services (DHHS) is authorized, and violence among intimate partners. for special dietary use and conventional in consultation with the Secretary of Six to eight programs will be selected to foods must meet the above criteria; or Education, to ‘‘select, implement, and participate in a national evaluation of • Replacement of a conventional evaluate four separate model programs their efforts. These programs may be meal, they must meet the above criteria for the education of young people about recommended to Congress for possible domestic violence and violence among and consumption of a conventional future nationwide distribution. meal, even with modifications, had been intimate partners.’’ The model programs Specifically, OCS will proceed as considered but is contraindicated. must address one of four different follows: When a medical food and/or food for audiences: primary schools, middle First, we will convene an expert panel special dietary uses are provided in schools, secondary schools, and to: addition to a conventional meal, AoA institutions of higher education, and (a) Help identify youth education and and USDA view the meal and medical shall be selected, implemented, and domestic violence programs for food or food for special dietary uses evaluated in consultation with evaluation; together as constituting a single meal ‘‘educational experts, legal and (b) Assist in the development of and would not reimburse separately. psychological experts on battering, and criteria to be used in the preliminary victim advocate organizations such as Additional Information selection of programs to be evaluated; battered women’s shelters, State and A paper, ‘‘Use of Medical Food and coalitions, and resource centers.’’ (c) Assist in the design and Food for Special Dietary Uses in Elderly As a first step, we want to identify development of the evaluation study. Nutrition Programs’’, authored by the and solicit information on programs for Second, we are actively soliciting National Policy and Resource Center on the education of young people about information about and descriptions of Nutrition and Aging (Center), domestic violence and violence among current youth education programs. We summarizes the appropriate use of intimate partners that are being are using this Federal Register notice, medical food and food for special conducted for one or more of the four Department of Education (DOE) dietary uses in a question and answer student audiences. This announcement networks, professional publications, format. In addition, the Center has contains all instructions for submitting national resource centers, the electronic compiled information on state policies information on youth education media, and other mechanisms to request on this topic, ‘‘State Policies on programs. information about such programs. Provision of Medical Food and Food for DATES: The closing date for submission Third, the expert panel will assist the Special Dietary Uses.’’ Both of program information is August 16, DHHS and DOE to review the publications are available from the 1996. information on programs received and Administration on Aging, Office of State ADDRESSES: Program information may select at least six but no more than eight and Community Programs; please call be mailed to the U.S. Department of for the evaluation. (202) 619–0011 for copies of the paper Health and Human Services, We do not have a pre-conceived and compilation. Written comments and Administration for Children and model or educational approach in mind. recommendations regarding the Families/Office of Community Services, We are interested in obtaining proposed guidance should be sent (OCS–96–09), 370 L’Enfant Promenade, information on the more outstanding within 60 days of the publication of this SW., Mail Stop 6C–462, Washington, DC programs being implemented. These notice directly to the following address: 20447. programs may include, for example, Edwin L. Walker, Director, Office of Hand delivered program information training curricula, print and visual Program Operations and Development, is accepted during the normal working training aids (as audiovisual Administration on Aging, 330 hours of 8 a.m. to 4:30 p.m., Monday components of a structured and more Independence Avenue, SW., through Friday, on or prior to the comprehensive program), and model Washington, DC 20201. established closing date at: U.S. programs that may be school or non- Dated: June 5, 1996. Department of Health and Human school based. They may include a range William F. Benson, Services, Administration for Children of subject matter topics as appropriate to Deputy Assistant Secretary for Govenmental and Families, Office of Community the specific student audience, such as Affairs and Elder Rights. Services, ACF Mailroom, 2nd Floor interpersonal violence prevention, self- [FR Doc. 96–15217 Filed 6–14–96; 8:45 am] Loading Dock, Aerospace Center 901 D esteem training for girls, conflict BILLING CODE 4150±04±M Street, SW., Washington, DC 20447, resolution, and the prevention of between Monday and Friday (excluding acquaintance rape and other forms of Federal holidays). sexual abuse and violence developed for Administration for Children and SUPPLEMENTARY INFORMATION: The Youth the high school and college population. Families Education and Domestic Violence PROGRAM INFORMATION REQUESTED: The program is authorized by section 317 of [OCS±96±09] information on the youth education the Family Violence Prevention and programs should be narrative and not Youth Education and Domestic Services Act (the Act), 42 U.S.C. 10417, exceed 30 pages in length. Program Violence Model Programs as amended by Pub. L. 103–322, the descriptions should include: Violent Crime Control and Law AGENCY: Office of Community Services, Enforcement Act of 1994. A. Identifying Information ACF, DHHS. Congress has made available $400,000 —Name of the Program ACTION: Notice and call for information to carry out the provisions of section —Name and Address of the Sponsoring on current youth education and 317. Organization 30622 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

—Program Director, Telephone and Fax grantee will reach the end of their A project period is the total amount numbers project periods during fiscal year (FY) of time for which a grant has been —Period of Time Program has Operated 1997. Assuming the availability of programmatically approved. For B. Description of the Program sufficient appropriated funds in FY purposes of this notice, grant awards 1997, it is the intent of HRSA to will be made for a one year budget —Goals and objectives of the program continue to support health services to period and up to a five year project —Target audience the homeless populations in these areas/ period. —Description of the program activities locations given the continued need for and how they are designed to achieve Dated: June 11, 1996. cost-effective, community-based Ciro V. Sumaya, the goals and objectives primary care services for these —Referral activities, if any medically underserved populations Administrator. —Evaluation results, if any within these geographic areas. —Funding Source(s) Appendix I—Regional Office Staff —Current Operating Budget This notice provides interested parties Region I: —Problems or Constraints Identified the opportunity to gather information Robin Lawrence, D.D.S., Acting Director, —Major Changes and/or modifications and decide whether to pursue Federal Division of Health Services Delivery, in the program funding as a HCH program grantee. DHHS—Region I, John F. Kennedy —Current dissemination or replication During this process, communication Federal Building #1401, Boston, MA activities with Regional Office staff is essential 02203, (617) 565–1463 —Future planned activities (see Appendix I). A subsequent notice Region II: will be published in the Federal Ronald Moss, Director, Division of Health C. Commitment to Participate in a Register to announce the availability of Services Delivery, DHHS—Region II, 26 National Evaluation Federal Plaza, New York, NY 10278, funds for FY 1997 and provide (212) 264–2664 A statement by the program director application and detailed information on Region III: or other responsible official indicating a the grant review criteria. Bruce Riegel, Director, Division of Health commitment to participate with the DUE DATES: Current grant expiration Services Delivery, DHHS—Region III, program in a national study. We will dates vary by grantee throughout FY 3535 Market Street, Philadelphia, PA consider, on a case-by-case basis, the 1997. Applications for competing 19104, (215) 596–1885 reimbursement of extraordinary costs continuation grants are normally due Region IV: Robert Jackson, Director, Division of directly incident to a selectee’s 120 days prior to the expiration of the participation in the national study. Community Health Service, DHHS— current grant award. However, to allow Region IV, 101 Marietta Tower, Atlanta, FOR FURTHER INFORMATION CONTACT: potential applicants sufficient time to GA 30323, (404) 331–0250 Administration for Children and prepare application materials for those Region V: Families, Office of Community Services, areas in which grants are expiring on Deborah Willis, M.D., Acting Director, Division of State Assistance, 370 October 31, 1996, applications for grants Division of Health Services Delivery, L’Enfant Promenade, S.W., Washington, beginning November 1, 1996 will be due DHHS—Region V, 105 West Adams D.C. 20447. Telephone William Riley, 90 days prior to the expiration of the Street, 17th Floor, Chicago, IL 60603, (202) 401–5529 or Trudy Hairston (202) current grant award or no later than (312) 353–1711 401–5319. August 1, 1996. Region VI: Frank Cantu, Acting Director, Division of Dated: June 12, 1996. SUPPLEMENTARY INFORMATION: The HCH Health Services Delivery, DHHS—Region Donald Sykes, program is carried out currently under VI, 1200 Main Tower, Dallas, TX 75202, Director, Office of Community Services. the authority of section 340 of the (214) 767–6547 [FR Doc. 96–15322 Filed 6–14–96; 8:45 am] Public Health Service Act. The HCH Region VII: Ray Maddox, Director, Division of Health BILLING CODE 4184±01±P program is designed to increase the homeless population’s access to cost- Services Delivery, DHHS—Region VII, 601 East 12th Street, Kansas City, MO effective, case managed, and integrated 64106, (816) 426–5226 Health Resources and Services primary care and substance abuse Region VIII: Administration services provided by existing Barbara Bailey, Director, Division of Health community-based programs/providers. Services Delivery, DHHS—Region VIII, Notification of Expiring Project Periods In addition, the Health Care Services for 1961 Stout Street, Denver, CO 80294, for Health Care for the Homeless and Homeless Children’s program provides (303) 844–3203 Health Care Services for Homeless comprehensive primary health services Region IX: Children Programs to homeless children and to children at Gordon Soares, Director, Division of Health imminent risk of homelessness. Services Delivery, DHHS—Region IX, 50 AGENCY: Health Resources and Services United Nations Plaza, San Francisco, CA Administration, HHS. The list of areas in which a current 94102, (415) 437–8568 ACTION: Notice. homeless project period expires in FY Region X: 1997 is set forth in Appendix II. The Douglas Woods, Director, Division of SUMMARY: The Health Resources and areas listed include the city. Further Health Services Delivery, DHHS—Region Services Administration (HRSA) information including the census tract, X, 2201 Sixth Avenue, Seattle, WA announces that a total of 16 Health Care if applicable, can be obtained by 98121, (206) 615–2491 for the Homeless (HCH) grantees and 1 contacting the appropriate PHS regional Appendix II—Listing of HCH Grantees Health Care for Homeless Children office (see Appendix I). Sorted by Region, State, and City

Project period State and City ending date

AZ: PHOENIX ...... 10/31/96 Total Number of Grantees in the State of: AZ ...... 1 CT: HARTFORD ...... 12/31/96 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30623

Project period State and City ending date

Total Number of Grantees in the State of: CT ...... 1 FL:. MIAMI ...... 10/31/96 TAMPA ...... 03/31/97 Total Number of Grantees in the State of: FL ...... 2 IN: INDIANAPOLIS ...... 05/31/97 Total Number of Grantees in the State of: IN ...... 1 MI: BATTLE CREEK ...... 10/31/96 DETROIT ...... 10/31/96 GRAND RAPIDS ...... 10/31/96 Total Number of Grantees in the State of: MI ...... 3 MN: ST. PAUL ...... 01/31/97 ST. PAUL ...... 01/31/97 Total number of Grantees in the State of: MN ...... 2 NE: OMAHA 01/31/97 Total Number of Grantees in the State of: NE ...... 1 NY: NEW YORK ...... 10/31/96 Total Number of Grantees in the State of: NY ...... 1 OH: COLUMBUS ...... 10/31/96 TOLEDO ...... 11/30/96 Total Number of Grantees in the State of: OH ...... 2 SD: RAPID CITY ...... 01/31/97 Total Number of Grantees in the State of: SD ...... 1 TX: LUBBOCK ...... 06/30/97 Total Number of Grantees in the State of: TX ...... 1 WA: SPOKANE ...... 10/31/96 Total Number of Grantees in the State of: WA ...... 1 Total Number of Grantees ...... 17

[FR Doc. 96–15255 Filed 6–14–96; 8:45 am] BILLING CODE 4160±15±U

Office of Inspector General SUPPLEMENTARY INFORMATION: addressing home health fraud and fraud I. Background and abuse provisions of medical Publication of OIG Special Fraud Alert: supplies in nursing facilities was Fraud and Abuse in the Provision of The Office of Inspector General (OIG) published in the Federal Register on Services in Nursing Facilities issues Special Fraud Alerts based on August 10, 1995 (60 FR 40847). information it obtains concerning particular fraudulent and abusive With regard to the provision of health AGENCY: Office of Inspector General care services reimbursed by Medicare (OIG), HHS. practices within the health care industry. These Special Fraud Alerts and Medicaid to nursing facilities, this ACTION: Notice. provide the OIG with a means of newly-issued Special Fraud Alert notifying the industry that we have highlights such fraudulent practices as SUMMARY: This Federal Register notice become aware of certain abusive (1) making claims for services not sets forth a recently issued OIG Special practices which we plan to pursue and rendered or not provided as claimed, Fraud Alert concerning fraud and abuse prosecute, or bring civil and and (2) the submission of claims practices in the provision of medical administrative action, as appropriate. falsified to circumvent coverage and other health services to residents of The Alerts also serve as a powerful tool limitations on medical specialties. A nursing facilities. For the most part, OIG to encourage industry compliance by reprint of this Special Fraud Alert Special Fraud Alerts address national giving providers an opportunity to follows. trends in health care fraud, including examine their own practices. II. Special Fraud Alert: Fraud and potential violations of the Medicare The Special Fraud Alerts are intended Abuse in the Provision of Services in anti-kickback statute. This Special for extensive distribution directly to the Nursing Facilities (May 1996) Fraud Alert, issued directly to the health care provider community, as well health care provider community and as those charged with administering the The Office of Inspector General (OIG) now being reprinted in this issue of the Medicare and Medicaid programs. On was established at the Department of Federal Register, specifically identifies December 19, 1994, the OIG published Health and Human Services by Congress and highlights some of the illegal in the Federal Register the texts of 5 in 1976 to identify and eliminate fraud, practices that the OIG has uncovered in previously-issued Special Fraud Alerts waste and abuse in Health and Human the provision of nursing facility (59 FR 65372), and indicated our Services programs and to promote services. intention of publishing all future efficiency and economy in departmental Special Fraud Alerts in this same operations. The OIG carries out this FOR FURTHER INFORMATION CONTACT: Joel manner as a regular part of our mission through a nationwide program J. Schaer, Office of Management and dissemination of this information. Two of audits, investigations and Policy, (202) 619–0089. additional OIG Special Fraud Alerts inspections. 30624 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

To help reduce fraud and abuse in the a person knows are not medically specialties, including podiatry, Medicare and Medicaid programs, the necessary. audiology, and optometry. For instance: OIG actively investigates schemes to Submitting or causing false claims to • The OIG has learned about fraudulently obtain money from these be submitted to Medicare or Medicaid podiatrists whose entire practices programs and, when appropriate, issues may subject the individual or entity to consisted of visits to nursing facilities. Special Fraud Alerts which identify criminal prosecution, civil penalties Non-covered routine care is provided, segments of the health care industry that including treble damages, and exclusion e.g., toenail clipping, but Medicare is are particularly vulnerable to abuse. from participation in the Medicare and billed for covered services which were This Special Fraud Alert focuses on the Medicaid programs. The OIG has not provided or needed. In one case, an provision of medical and other health uncovered the following types of investigator discovered suspicious care services to residents of nursing fraudulent transactions related to the billing for foot care when it was facilities and identifies some of the provision of health care services to reported that a podiatrist was illegal practices that the OIG has residents of nursing facilities performing an excessive number of uncovered. reimbursed by Medicare and Medicaid: toenail removals, a service that is covered but not frequently or routinely How Nursing Facility Benefits Are Claims for Services Not Rendered or Not needed. This podiatrist billed Medicare Reimbursed Provided as Claimed as much as $100,000 in 1 year for There were 17,000 nursing facilities Common schemes entail falsifying toenail removals. Investigators in the United States, as of June 1995. An bills and medical records to discovered one resident for whom bills OIG study reported that in 1992, misrepresent the services, or extent of were submitted claiming a total of 11 Medicare payments to nursing facilities services, provided at nursing facilities. toenail removals. • included Part B payments of $2.7 billion Some examples follow: An optometrist claimed and Part A payments of $3.1 billion for • One physician improperly billed reimbursement for covered eye care covered stays in nursing facilities. When $350,000 over a 2-year period for consultations when he, in fact, the Federal share of the $24 billion comprehensive physical examinations performed routine exams and other non- spent by Medicaid is factored in, the of residents without ever seeing a single covered services. His billing history Federal cost of nursing care reached a resident. The physician went so far as indicated that he claimed to have total of approximately $20 billion. to falsify medical records to indicate performed as many as 25 consultations Many nursing facilities receive that nonexistent services were rendered. in one day at a nursing home. This is reimbursement from both Medicare and • A psychotherapist working in an unreasonably high number, given the Medicaid for care and services provided nursing facilities manipulated Medicare nature of a Medicare-covered to eligible residents. Under Medicare billing codes to charge for 3 hours of consultation. • An audiologist made arrangements Part A, skilled nursing facility services therapy for each resident when, in fact, with a nursing facility and affiliated are paid on the basis of cost for covered he spent only a few minutes with each physicians to get orders for hearing stays of a limited length. Nursing resident. In a nursing facility, 3 hours of exams that were not medically facility residents may be concurrently psychotherapy is highly unusual and necessary. The audiologist used this eligible for benefits under Medicare Part often clinically inappropriate. access to residents exclusively to market B. For Medicaid-eligible residents, • An investigation of a speech hearing aids. In this case, the facility extended nursing facility stays may be specialist uncovered documentation and physicians, in addition to the reimbursed by state-administered showing that he overstated the time audiologist, could be held liable for programs financed in part by Medicaid. spent on each session claimed. Claims false or fraudulent claims if they acted Nursing facilities and their residents analysis showed that the speech with knowledge of the claims for have become common targets for specialist actually claimed to spend 20 unnecessary service. fraudulent schemes. Nursing facilities hours with residents every day, far more represent convenient resident ‘‘pools’’ time than possible. Further investigation What To Look For in the Provision of and make it lucrative for unscrupulous revealed that some residents had never Services to Nursing Facilities persons to carry out fraudulent schemes. met the specialist, and some were dead The following situations may suggest The OIG has become aware of a number at the time when the specialist claimed fraudulent or abusive activities: of fraudulent arrangements by which to have provided speech services to • ‘‘Gang visits’’ by one or more health care providers, including medical them. medical professionals where large professionals, inappropriately bill • A company providing mobile X-ray numbers of residents are seen in a single Medicare and Medicaid for the services made visits to nursing facilities, day. The practitioner may be providing provision of unnecessary services and and billed for taking two X-rays when medically unnecessary services, or the services which were not provided at all. only one was actually taken. The case level of service provided may not be of Sometimes, nursing facility also presented serious concerns about a sufficient duration or scope consistent management and staff also are involved quality of care when the investigation with the service billed to Medicare or in these schemes. revealed that company personnel were Medicaid. not certified to take X-rays. • False or Fraudulent Claims Relating to Frequent and recurring ‘‘routine visits’’ by the same medical the Provision of Health Care Services Claims Falsified To Circumvent professional. Seeing residents too often Coverage Limitations on Medical The government may prosecute may indicate that the provider is billing Specialties persons who submit or cause the for services that are not medically submission of false or fraudulent claims Practitioners of medical specialties necessary. to the Medicare or Medicaid program. have been found to misrepresent the • Unusually active presence in Examples of false or fraudulent claims nature of services provided to Medicare nursing facilities by health care include claims for items that were never and Medicaid beneficiaries because the practitioners who are given or request provided or were not provided as Federally funded programs have unlimited access to resident medical claimed, and claims for services which stringent coverage limitations for some records. These individuals may be Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30625 collecting information used in the enter, important information on medical contact any of the field offices of the submission of false claims. charts. Office of Investigations of the Office of • Questionable documentation for What To Do if You Have Information Inspector General, U.S. Department of medical necessity of professional About Fraud and Abuse Against the Health and Human Services, at the services. Practitioners who are billing Medicare and Medicaid Programs following locations: inappropriately may also enter, or fail to If you have information about the types of activities described above,

Field offices States served Telephone

Boston ...... MA, VT, NH, ME RI, CT ...... 617±565±2660 New York ...... NY, NJ, PR, VI ...... 212±264±1691 Philadelphia ...... PA, MD, DE, WV, VA ...... 215±596±6796 Atlanta ...... GA, KY, NC, SC, FL, TN, AL, MS (No. District) ...... 404±331±2131 Chicago ...... IL, MN, WI, MI, IN, OH, IA, MO ...... 312±353±2740 Dallas ...... TX, NM, OK, AR, LA, MS (So. District), CO, UT, WY, MT, 214±767±8406 ND, SD, NE, KS. Los Angeles ...... AZ, NV (Clark Co.), So. CA ...... 714±246±8302 San Francisco ...... No. CA, NV, AK, HI, OR, ID, WA ...... 415±437±7960 Washington, DC ...... DC and Metropolitan areas of VA & MD ...... 202±619±1900

To Report Suspected Fraud, Call or Committee Name: National Institute of Dated: June 10, 1996. Write Mental Health Special Emphasis Panel. Susan K. Feldman, Date: July 8, 1996. Committee Management Officer, NIH. 1–800–HHS-TIPS, Department of Time: 12 p.m. [FR Doc. 96–15230 Filed 6–14–96; 8:45 am] Health and Human Services, Office of Place: Parklawn Building, Room 9C–26, Inspector General, P.O. Box 23489, 5600 Fishers Lane, Rockville, MD 20857. BILLING CODE 4140±01±M L’Enfant Plaza Station, Washington, Contact Person: Jean G. Noronha, Parklawn D.C. 20026–3489. Building, Room 9C–26, 5600 Fishers Lane, Rockville, MD 20857, Telephone: 301, 443– Substance Abuse and Mental Health Dated: May 29, 1996. 6470. Services Administration June Gibbs Brown, Committee Name: National Institute of Block Grant Allocation Processes Inspector General. Mental Health Special Emphasis Panel. Date: July 9, 1996. [FR Doc. 96–15269 Filed 6–14–96; 8:45 am] AGENCY: Substance Abuse and Mental Time: 1 p.m. BILLING CODE 4150±04±P Health Services Administration, HHS. Place: Parklawn Building, Room 9C–26, 5600 Fishers Lane, Rockville, MD 20857. ACTION: Notice and opportunity for National Institutes of Health Contact Person: Jean G. Noronha, Parklawn public comment. Building, Room 9C–26, 5600 Fishers Lane, National Institute of Mental Health; Rockville, MD 20857, Telephone: 301, 443– SUMMARY: The Substance Abuse and Notice of Closed Meetings 6470. Mental Health Services Administration Committee Name: National Institute of (SAMHSA) allocates funding to States Pursuant to Section 10(d) of the Mental Health Special Emphasis Panel. and territories for the Community Federal Advisory Committee Act, as Date: July 9, 1996. Mental Health Services (CMHS) Block amended (5 U.S.C. Appendix 2), notice Time: 12 p.m. Grant and the Substance Abuse is hereby given of the following Place: Parklawn Building, Room 9C–26, Prevention and Treatment (SAPT) Block meetings of the National Institute of 5600 Fishers Lane, Rockville, MD 20857. Grant. This notice describes the Contact Person: Sheri L. Schwartzback, formulas which the law requires be used Mental Health Special Emphasis Panel: Parklawn Building, Room 9C–26, 5600 Agenda/Purpose: To review and evaluate Fishers Lane, Rockville, MD 20857, for distributing these funds and the grant applications. Telephone: 301, 443–4843. information used in making the Committee Name: National Institute of The meetings will be closed in accordance calculations. Mental Health Special Emphasis Panel. with the provisions set forth in secs. This notice has five parts. Section I Date: June 26, 1996. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. provides background information on the Time: 1 p.m. Applications and/or proposals and the allocation process. Section II describes Place: Parklawn Building, Room 9C–26, discussions could reveal confidential trade the legislation and the formulas 5600 Fishers Lane, Rockville, MD 20857. secrets or commercial property such as applicable to the Community Mental Contact Person: Rehana A. Chowdhury, patentable material and personal information Health Services Block Grant. Section III Parklawn Building, Room 9C–26, 5600 concerning individuals associated with the Fishers Lane, Rockville, MD 20857, describes the legislation and the applications and/or proposals, the disclosure formulas applicable to the Substance Telephone: 301, 443–6470. of which would constitute a clearly Committee Name: National Institute of unwarranted invasion of personal privacy. Abuse Prevention and Treatment Block Mental Health Special Emphasis Panel. Grant. Section IV provides detailed Date: July 8, 1996. This notice is being published less information on the sources of data used Time: 12 p.m. than fifteen days prior to the meetings in the calculations. Section V contains Place: Parklawn Building, Room 9C–26, due to the urgent need to meet timing technical information important in 5600 Fishers Lane, Rockville, MD 20857. limitations imposed by the review and making the actual calculations. Contact Person: Sheri L. Schwartzback, funding cycle. Parklawn Building, Room 9C–26, 5600 DATES: Written comments must be Fishers Lane, Rockville, MD 20857, (Catalog of Federal Domestic Assistance received by August 1, 1996. Any written Telephone: 301, 443–4843. Program Numbers 93.242, 93.281, 93.282) comments received will be taken into 30626 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices consideration and will become a matter II. Legislative Requirements and Services Index would be made on of public record. Allocation Process for Community October 1, 1992. The same factor ADDRESSES: Written comments should Mental Health Services (CMHS) Block remained in effect until FY 1995 when be addressed to Nancy Pearce, Office of Grant a new Index was developed. The Index will be recalculated for FY 1998. DHHS Applied Studies, Substance Abuse and A. Legislative Requirements is also directed by the legislation to Mental Health Services Administration, Sections 1911 through 1920 of the Room 16–105, 5600 Fishers Lane, ‘‘periodically make such refinements in Public Health Service (PHS) Act the methodology * * *’’ for the Rockville, MD 20857, Fax (301) 443– establish the Community Mental Health 9847. calculation of the Cost of Services Index Services (CMHS) Block Grant and rules as are consistent with the purpose of FOR FURTHER INFORMATION CONTACT: that must be followed in making these this adjustment of the allotments. (See Nancy Pearce, Office of Applied grants. Section 1920(a) of the Act Technical Note B, Section V.) Studies, Substance Abuse and Mental authorizes the appropriation of funds Health Services Administration, Room for the CMHS Block Grant; the size of C. State Calculations for the Mental 16–105, 5600 Fishers Lane, Rockville, the appropriation is determined each Health Block Grant MD 20857, Phone (301) 443–7978, Fax year by the Congress. Section 1920 of The allocation for each State is (301) 443–9847. the Act also specifies that 5 percent of calculated using equations described the amount appropriated in a given year below. For the purposes of explanation, I. Background shall be used by the Department of the subscript ‘‘I’’ is used to denote an The Omnibus Reconciliation Act of Health and Human Services (DHHS) to individual State or the District of 1981 established a single Block Grant collect data on mental health services Columbia. The symbol ‘‘Σ’’is used to for supporting alcohol, drug abuse, and and patients and conduct evaluations of denote the summation over the 50 States mental health services, the Alcohol, programs to prevent and treat mental and the District of Columbia. Drug Abuse and Mental Health Services health problems. The remaining 95 General Equation: percent of any appropriation for the i (ADMS) Block Grant. On July 10, 1992, SALLOCi = 0.985*0.95*AMT*(Pi*Ci*F )/ the ADAMHA Reorganization Act was CMHS Block Grant must be allocated to (Σ(Pi*Ci*Fi)) (1) signed into law, Public Law 102–321. the States and territories. where: This Act amended the Public Health Section 1918 of the PHS Act provides SALLOCi = State specific allotment of the Service Act and, among other things, formulas for making these allocations. block grant. established two separate Block Grants to Of the 95 percent of the appropriation AMT = appropriation for mental health and replace the ADMS Block Grant. The available for distribution 98.5 percent related services. Community Mental Health Services must be given to the States and 1.5 Pi = State specific Population at Risk (CMHS) Block Grant supports percent must be distributed to the (calculated using Equation 2). territories. Ci = State specific Cost of Services Index community mental health services; the (calculated using Equation 3). Substance Abuse Prevention and B. State Allocations Fi = State specific Fiscal Capacity Index Treatment (SAPT) Block Grant supports (calculated using Equation 8). The amount of an allotment for an services for the prevention and The coefficients 0.985 and 0.95 are treatment of substance abuse. Public individual State is determined by three factors: the Population at Risk, the Cost specified in the legislation. The first Law 102–321 also contains eligibility coefficient (0.985) represents the criteria for receipt of funds under the of Services Index, and the Fiscal Capacity Index. The Population at Risk proportion of the total allocable funds Grants and provides the formulas and available for distribution to the States methods for determining States and represents the relative risk of mental health problems in a State. The Cost of and the District of Columbia. The territorial allotments of funds under second coefficient (0.95) represents the each type of block Grant. Services Index represents the relative costs of providing mental health proportion of the total appropriation Under the legislation, the Secretary of services in a State. The Fiscal Capacity available for allocation to all the U.S. Department of Health and Index represents the relative ability of a recipients—the States, the District of Human Services (DHHS), acting through State to pay for mental health services. Columbia, and the territories. the Director of SAMHSA’s Center for The product of these three terms Equation for the State Population at Risk: Mental Health Services and through the establishes the need for a given State. Center for Substance Abuse Treatment, Pi = 0.107*P18–24i+0.166*P25– Formulas for calculating Population at 44i+0.099*P45–64i+0.082*P65UPi (2) determines the allotments for States and Risk and the Fiscal Capacity Index are territories for both Block Grants and where: specified in Sections 1918(a)(5) and (6) P18–24i = State specific population aged 18 disburses federal funds to eligible States of the PHS Act. The Cost of Services to 24. and territories. Index formula is included by reference P25–44i = State specific population aged 25 In July, 1995, responsibility for and derived from a report entitled to 44. calculating the amount of support each Adjusting the Alcohol, Drug Abuse and P45–64i = State specific population aged 45 State and territory receives in a given Mental Health Services Block Grant to 64. fiscal year was assigned to the Office of P65UPi = State specific population aged 65 Allocations for Poverty Populations and and older. Applied Studies in the Substance Abuse Cost of Service, dated March 30, 1990, and Mental Health Services prepared by Health Economics The coefficients 0.107, 0.166, 0.099, Administration (SAMSHA). The Center Research. and 0.082 are specified in the for Substance Abuse Treatment and the The law requires the estimate of the legislation. The population of each State Center for Mental Health Services Population at Risk and the Fiscal by age group is obtained from the manage the grants. Capacity Index be revised each fiscal Bureau of the Census, ‘‘Resident SAMHSA is publishing this notice to year. The Cost of Services Index is Population of States, by Single Year of inform the public about how block grant revised every third fiscal year. Section Age,’’ using the most current data allocations are calculated and provide 1918(a)(8) of the PHS Act provides that available as of October 1 of each year. an opportunity for comment. the first determination of the Cost of Equation for the Cost of Services Index: Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30627

Ci = 0.9 if 0.75*Wi+0.15*Ri+0.10*Si < 0.9 county populations (using data obtained E. Territory Calculations for Mental (3) from the Bureau of the Census, ‘‘Non- Health Block Grant 1.1 if 0.75*Wi+0.15*Ri+0.10*Si > 1.1 Ci = metropolitan New England County 0.75*Wi+0.15*Ri+0.10*Si otherwise The allocation for each territory is Names and Codes’’) are determined; calculated using the equation described where: POPij and RENTij are calculated on a Wi = State specific wage subindex (calculated below. For the purposes of explanation, township-level basis by assigning the subscript ‘‘I’’ is used to denote an using Equation 4). groups of FIPS codes (obtained from the Ri = State specific rent subindex (calculated individual territory, and the symbol ‘‘Σ’’ Department of Commerce, ‘‘FIPS using Equation 5). is used to denote the summation over all Publications’’) to SMSAs; and POPij and Si = State specific supplies subindex. territories. RENTij are matched and merged. The coefficients 0.75, 0.15, and 0.10 TALLOC =maximum of $50,000 and Equation for the Weighted Average of the i are specified in the report cited by the 0.015*0.95*AMT*PCCIVIL /ΣPCCIVIL U.S. Rent: i i legislation, as is Si, which is equal to 1 (11) AVGUSRT = (ΣΣPOP *RENT )/(ΣΣPOP ) for all States and the District of ij ij ij where: (7) Columbia. The boundary values of 0.9 PCCIVILi=Civilian population per most and 1.1 are specified in the legislation. Equation for State Specific Fiscal Capacity recent decennial census for Territory I. Index: Equation for State Specific Wage Subindex: The coefficients 0.015 and 0.95 are Fi = maximum of 0.4 and 1-(0.35*((AVGTTRi/ Wi = AVGSTHWi/AVGUSHW (4) Ci)/(ΣAVGTTRi/Ci))/(Pi/ΣPi)), if specific specified in the legislation. They where: State variable is a State, otherwise; 1- represent the proportion (0.015) of the Σ AVGSTHWi = average State specific hourly (0.35*((AVGTPIi/Ci)/( AVGTPIi/Ci))/(Pi/ total allocable funds to be distributed manufacturing wage including overtime. ΣPi)) if the State variable is DC (8) among the territories and the proportion AVGUSHW = average U.S. hourly where: (0.95) of the total appropriation to be manufacturing wage including overtime. AVGTTRi = State specific 3-year average allocated among the States, DC and the The State and national wage data are Total Taxable Resources (calculated territories. The appropriation amount is obtained from the Bureau of Labor using Equation 9). established by Congress. The civilian AVGTPIi = State specific 3-year average Total population data is obtained from the Statistics, Current Employment Personal Income (calculated using Statistics Survey, ‘‘Employment, Hours Equation 10). Bureau of the Census, ‘‘Estimates of and Earnings,’’ using the most current Resident Population of States, by Age.’’ The boundary value of 0.4, constant of data available as of October 1 of each If the Secretary determines that recent 1, and coefficient of 0.35 are specified year. data on the civilian population of a in the legislation. territory are not available for a fiscal Equation for State Specific Rent Subindex: Equation for State Specific 3-Year Average year, the law authorizes DHHS to Ri = AVGSTRTi/AVGUSRT (5) Total Taxable Resources: estimate the population for the territory where: AVGTTRi = (TTR1i+TTR2i+TTR3i)/3 (9) by modifying the most recent data to AVGSTRT = weighted average State specific i where: reflect the average extent of change rent (calculated using Equation 6). TTR1 , TTR2 and TTR3 = State specific AVGUSRT = weighted average U.S. rent i i i occurring during the period in the Total Taxable Resources, 3 most recent (calculated using Equation 7). population of all territories for which years. Equation for Weighted Average State Specific recent data do exist. (See Technical Rent: The total taxable resources by State Note C, Section V.) The boundary of data are obtained from the Department $50,000 is specified in the legislation. AVGSTRTi = (ΣPOPij*RENTij)/(ΣPOPij) of the Treasury, ‘‘Total Taxable (6) III. Legislative Requirements and Resources by State, and are updated where: Allocation Process for Substance Abuse annually for all three years used in the POPij = population of jth subarea of the State. Prevention and Treatment (SAPT) calculations. RENTij = fair market rent of 4-bedroom Block Grant dwelling in jth subarea of the State. Equation for State Specific 3-Year Average Each State is subdivided into ‘‘J’’ Total Personal Income: A. Legislative Requirements mutually exclusive subareas that cover AVGTPIi = (TPI1i+TPI2i+TPI3i)/3 (10) Sections 1921 through 1935 of the the State. If the State is not a New where: Public Health Service (PHS) Act England State, population source data TPI1i, TPI2i and TPI3i = State specific Total establish the SAPT Block Grant and the Personal Income, 3 most recent years. PSOURCEij (obtained at the State, rules that must be followed in making county, subdivision and place levels The total personal income by State data are these grants. Section 1935(a) of the Act obtained from the Department of from the Bureau of the Census, ‘‘Census Commerce, Survey of Current Business, authorizes the appropriation of funds of Population and Housing’’), and rent and are updated annually for all three for the substance abuse block grant. The source data RTSOURCEij (obtained at years used in the calculations. size of the appropriation is determined the State, county, and SMSA levels from each year by the Congress. Section the Department of Housing and Urban D. Territory Allocations 1935(b) of the Act requires that 5 Development, ‘‘Fair Market Rents...’’) The amount of an allotment for an percent of the appropriated amount in a are used to calculate POPij and RENTij individual territory is determined by given year shall be used by DHHS for on a county-level basis (after addition of multiplying the appropriation amount data collection to determine the population of ‘‘independent cities’’ for for allotment to all territories by the incidence and prevalence of substance HI, MD, MO, MT, and VA). If State I is ratio of civilian population for an abuse and for technical assistance and a New England State, SMSA codes individual territory to the civilian program evaluations relevant to (obtained from the Office of population of all territories. (See substance abuse treatment and Management and Budget, ‘‘Revised Technical Note C, Section V.) Section prevention. The remaining 95 percent of Statistical Definitions of Metropolitan 1918 of the PHS Act states that no the appropriation must be allocated Areas (MAs) and Guidance on Uses of territory shall receive less than a among the States and territories. MA Definitions’’) are matched to county minimum allotment of $50,000 each Section 1933 of the PHS Act provides subdivisions; the non-SMSA balances of fiscal year. a formula for this allocation. The law 30628 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices specifies that 98.5 percent of the total C. State Calculations for the Substance Summary Tape File 1C. (See Technical allocation available for distribution Abuse Block Grant Note D, Section V.) must be given to the States. The The allocation for each State is Equation for the Cost of Services Index: remaining 1.5 percent of the total must calculated using equations described Ci=0.9 if 0.75*Wi+0.15*Ri+0.10*Si<0.9 be distributed to the territories. below. For the purposes of explanation, (15) The law also provides for a direct the subscript ‘‘I’’ is used to denote an 1.1 if 0.75*Wi+0.15*Ri+0.10*Si>1.1 federal allotment for Indian tribes or individual State or the District of Ci=0.75*Wi+0.15*Ri+0.10*Si otherwise. tribal organizations that meet certain Columbia, and the symbol ‘‘Σ’’ is used where: W =State specific wage subindex (calculated requirements. For any tribe eligible to to denote the summation over the 50 i States and the District of Columbia. using Equation 16). receive a direct allotment (See Ri=State specific rent subindex (calculated Technical Note E, Section V.), the tribe’s General Equation: using Equation 17). share of the relevant State’s share is the SALLOCi=0.985*0.95*AMT*(Pi*Ci*Fi)/ Si=State specific supplies subindex. Σ ratio of the tribe’s FY 1991 allotment to ( (Pi*Ci*Fi)) (12) The coefficients 0.75, 0.15, and 0.10 that portion of the State allotment where: are specified in the article cited by the actually spent on the authorized SALLOCi=State specific allotment of the legislation, as is Si, which is equal to 1 activities. block grant. for all States and the District of AMT=appropriation for substance abuse and Columbia. The boundary values of 0.9 B. State Allocations related services. and 1.1 are specified in the legislation. Pi=State specific Population at Risk Index The amount of an allotment for a (calculated using Equation 13). Equation for State Specific Wage Subindex: specific State is determined by three Ci=State specific Cost of Services Index Wi=AVGSTHWi/AVGUSHW (16) factors: the Population at Risk, the Cost (calculated using Equation 15). where: Fi=State specific Fiscal Capacity Index of Services Index, and the Fiscal AVGSTHWi=average State specific hourly Capacity Index. The Population at Risk (calculated using Equation 20). manufacturing wage including overtime. represents the relative risk of substance The coefficients 0.985 and 0.95 are AVGUSHW=average U.S. hourly abuse problems in a State. The Cost of specified in the law. The first coefficient manufacturing wage including overtime. Services Index represents the relative (0.985) represents the proportion of the The State and national wage data are costs of providing substance abuse total allocable funds available for obtained from the Bureau of Labor prevention and treatment services in a distribution to the States and the Statistics, Current Employment State. The Fiscal Capacity Index District of Columbia. The second Statistics Survey, ‘‘Employment, Hours represents the relative ability of the coefficient (0.95) represents the and Earnings,’’ using the most current State to pay for substance abuse related proportion of the total appropriation data available as of October 1 of each services. The product of these three available for allocation to all year. terms establishes the need for a given recipients—the States, the District of Columbia, and the territories. Equation for Weighted Average State Specific State. Rent Subindex:

Formulas for calculating Population at Equation for the State Population at Risk: Ri=AVGSTRTi/AVGUSRT (17) Σ Risk and the Fiscal Capacity Index are Pi=0.5*(P18–24i+UP18–24i)/( (P18– where: Σ specified in legislation. The Cost-of- 24i+UP18–24i))+0.5*(P25–64i/ P25–64i) AVGSTRTi=weighted average State specific Services Index formula is not contained (13) rent (calculated using Equation 18). in the legislation, but is defined as a where: AVGUSRT=weighted average U.S. rent factor ‘‘determined according to the P18–24i=State specific population aged 18 to (calculated using Equation 19). methodology presented in the report 24. Equation for Weighted Average State Specific UP18–24 =State specific urban population entitled Adjusting the Alcohol, Drug i Rent: aged 18 to 24 (calculated using Equation Σ Σ Abuse and Mental Health Services Block AVGSTRTi=( POPij*RENTij)/( POPij) (18) 14). where: Grant Allocations for Poverty P25–64i=State specific population aged 25 to POPij=population of jth subarea of State I. Populations and Cost of Service,’’ dated 64. RENTij=fair market rent of 4-bedroom March 30, 1990, prepared by Health The coefficients 0.5 are specified in dwelling in jth subarea of State I. Economics Research. the legislation. The State population by Each State is subdivided into ‘‘J’’ The law requires the estimates of the age group is obtained from the Bureau mutually exclusive subareas that cover Population at Risk and the Fiscal of the Census, ‘‘Resident Population of the State. If State I is not a New England Capacity Index be revised each fiscal States, by Single Year of Age,’’ using the State, population source data year. The Cost of Services Index is most current data available as of PSOURCEij (obtained at the State, revised every third fiscal year. Section October 1 of each year. county, subdivision and place levels 1918(a)(8) of the PHS Act provides that Equation for the State Specific Urban from the Bureau of the Census, ‘‘Census the first determination of the Cost of Population: of Population and Housing’’), and rent

Services Index be made on October 1, UP18–24i=P18–24i*UPC18–24i/PC18–24i source data RTSOURCEij (obtained at 1992. The same factor remained in effect (14) the State, county, and SMSA levels from until FY 1995 when a new Index was where: the Department of Housing and Urban developed. The Index will be UPC18–24i=State specific urban population Development, ‘‘Fair Market Rents recalculated for FY 1998. DHHS is also aged 18 to 24 (per most recent decennial ** *’’) are used to calculate POPij and directed by the legislation to ‘‘* ** census). RENTij on a county-level basis (after periodically make such refinements in PC18–24i=State specific population aged 18 addition of population of ‘‘independent the methodology * * *’’ for the to 24 (per most recent decennial census). cities’’ for HI, MD, MO, MT, and VA). calculation of the Cost of Services Index Both sets of decennial census-based If State I is a New England State, SMSA as are consistent with the purpose of population data are obtained from the codes (obtained from the Office of this adjustment of the allotments. (See Bureau of the Census, Census of Management and Budget, ‘‘Revised Technical Note B, Section V.) Population and Housing, 1990: Statistical Definitions of Metropolitan Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30629

Areas (MAs) and Guidance on Uses of The total personal income by State authorizes DHHS to estimate the MA Definitions’’) are matched to county data are obtained from the Department population for the territory by subdivisions; the non-SMSA balances of of Commerce, ‘‘Survey of Current modifying the most recent data to reflect county populations (using data obtained Business,’’ and are updated annually for the average extent of change occurring from the Bureau of the Census, ‘‘Non- all three years used in the calculations. during the period in the population of metropolitan New England County D. Territory Allocations all territories for which recent data do Names and Codes’’) are determined; exist. (See Technical Note C, Section V.) POPij and RENTij are calculated on a The amount of an allotment for an The boundary of $50,000 is specified in township-level basis by assigning individual territory is determined by the legislation. groups of FIPS codes (obtained from the multiplying the appropriation amount F. Allocations to Indian Tribes and Department of Commerce, ‘‘FIPS for allotment to all territories by the Tribal Organizations Publications’’) to SMSAs; and POPij and ratio of civilian population for an individual territory to the civilian RENTij are matched and merged. The Red Lake Band of the Chippewa population of all territories. (See Indians in Minnesota receives a direct Equation for Weighted Average of the U.S. Technical Note C, Section V.) Section Rent: allocation, as provided under Section 1933 of the PHS Act specifies that no 1933(d) of the PHS Act. (See Technical AVGUSRT=(ΣΣPOPij*RENTij)/(ΣΣPOPij) territory shall receive less than a Note E, Section V.) Therefore, the (19) minimum allotment of $50,000 each Equation for State Specific Fiscal Capacity substance abuse block grant allocation Index: fiscal year. for the State of Minnesota is Fi=maximum of 0.4 and 1–(0.35*((AVGTTRi/ E. Territory Calculations for Substance apportioned between the Red Lake Band Σ Σ Ci)/( AVGTTRi/Ci))/(Pi/ Pi)), if specific Abuse Block Grant of Chippewas and the remainder of the State is a State, otherwise 1– State as provided in the law and Σ The allocation for each territory is (0.35*((AVGTPIi/Ci)/( AVGTPIi/Ci))/(Pi/ described in the following equations. ΣPi)) if the State variable is DC (20) calculated using the equation described where: below. For the purposes of explanation, Equation for Allotment of Funds to the Red Lake Indians: AVGTTRi=State specific 3-year average Total the subscript ‘‘I’’ is used to denote an Taxable Resources (calculated using individual territory, and the symbol ‘‘è’’ RLIALLOC=SALLOCMN*0.0240535 (24) Equation 21). is used to denote the summation over all where: AVGTPIi=State specific 3-year average Total territories. RLIALLOC=allotment for Red Lake Indians. Personal Income (calculated using SALLOCMN=Minnesota State allotment TALLOCi=maximum of $50,000 and Equation 22). (calculated using Equation 12). 0.015*0.95*AMT*PCCIVILi/èPCCIVILi The boundary value of 0.4, constant of (23) The coefficient 0.0240535 reflects FY 1, and coefficient of 0.35 are specified where: 1991 funding, as specified by Section in the legislation. PCCIVILi=Civilian population per most 1933(d) of the PHS Act. recent decennial census for Territory I. Equation for State Specific 3-Year Average Equation for the Allotment for the Remainder Total Taxable Resources: The coefficients 0.015 and 0.95 are of Minnesota:

AVGTTRi=(TTR1i+TTR2i+TTR3i)/3 (21) specified in the legislation. The first MNRALLOC=SALLOCMN-RLIALLOC (25) where: coefficient (0.015) represents the where: TTR1i, TTR2i and TTR3i=State specific Total proportion of the total allocable funds to MNRALLOC=allotment for the remainder of Taxable Resources, 3 most recent years. be distributed among the territories. The Minnesota. second coefficient (0.95) represent the The total taxable resources by State IV. Data Elements and Sources data are obtained from the Department proportion of the total appropriation to of the Treasury, ‘‘Total Taxable be allocated among the States, DC and The following table presents a list of Resource by State,’’ and are updated the territories. The Congress establishes data elements used in the allocation annually for all three years used in the the level of the appropriation each fiscal formulas. It identifies the agency that calculations. year. The civilian population data is develops the data, the frequency with Equation for State Specific 3-Year Average obtained from the Bureau of the Census, which that source agency updates the Total Personal Income: ‘‘Estimates of Resident Population of data, and includes some technical notes States, by Age.’’ If the Secretary about the data as they are used in the AVGTPIi=(TPI1i+TPI2i+TPI3i)/3 (22) where: determines that recent data on the allocation formulas. The table also TPI1i, TPI2i and TPI3i=State specific Total civilian population of a territory are not shows the years of the data used in the Personal Income, 3 most recent years. available for a fiscal year, the law FY 1996 allocations.

Data element and update frequency by source agency Data source Notes

Total Taxable Resources U.S. Department of the Treasury, Office of Economic 1. Calculations are made specifically for these block (TTR), by StateÐAnnual. Policy. Unpublished data, dated August 24, 1994. grants, and provided to SAMHSA on diskette. 2. Annual estimates include revision of estimates for the two prior years. Therefore, all three years of data are replaced each year. 3. The data used in the calculations consist of the source data as received truncated to three significant decimal places 4. FY 1996 allocations use 3-year average of data for 1991, 1992, 1993. 5. Used in Fiscal Capacity Index. 30630 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Data element and update frequency by source agency Data source Notes

Total Personal Income (TPI), U.S. Department of Commerce, Bureau of Economic 1. Final estimates are typically published in August, in- by StateÐAnnual. Analysis. Survey of Current Business: Press release cluding revision of estimates for the two prior years. BEA 94±36 dated August 23, 1994, Table 3ÐTotal Therefore, all three years of data are replaced each Personal Income, by State and Region, 1989±93. year. 2. FY 1996 allocations use 3-year average of data for 1991, 1992, 1993. 3. Used in Fiscal Capacity Index. Estimates of Resident Popu- U.S. Department of Commerce, Bureau of the Census. 1. The only Bureau of the Census release of population lation of States, by AgeÐ Unpublished estimates by the Population Division, estimates by single year of age (needed to create Annual. Population Distribution Branch. age groupings for population at risk in each block grant) is in early March for July 1 of the previous year. Data for July 1, 1993 were only released on diskette by the Population Distribution Branch, Popu- lation Division, 301±457±2385. Cost is $20. Data for subsequent years are available on the Internet; esti- mates on the Internet are those for the most recent year available. 2. FY 1996 allocations use estimates for July 1, 1993. 3. Used to determine Population at Risk. Population age 18±24 and U.S. Department of Commerce, Bureau of the Census. 1. Urbanized population is used only in the substance 18±24 living in urbanized Census of Population and Housing, 1990: Summary abuse block grant. areas, by StateÐDecen- Tape File 1C. nial. 2. The Bureau of the Census does not make inter- censal estimates of the urbanized population. There- fore, data from the 1990 census are used until data from the 2000 census are available. 3. Used to determine Population at Risk. Population by countyÐDe- U.S. Department of Commerce, Bureau of the Census. 1. County population is used in conjunction with Fair cennial. Census of Population and Housing, 1990: Summary Market Rent in the Cost of Services Index. Tape File 1C. 2. In order to have population data for the specific geo- graphic area configurations used in the FMR files, it is necessary to use data available only from the de- cennial census. 1990 data were used for FY 1996 al- locations. 3. Used in Cost of Services Index Civilian population of the U.S. Department of Commerce, Bureau of the Census, 1. Each press release also included data for 1980, ex- U.S. territoriesÐVaries. Population Division. 1990 data released in press re- cept for Puerto Rico. 1980 data for Puerto Rico are leases, as follows: American Samoa, CB 91±242 (7/ from report PC 80±1±A53, Table 2, page 53±10 (12/ 24/91); Guam, CB 91±276 (9/13/91); Northern Mari- 84). ana Islands, CB 91±243 (7/24/91); Palau, CB 91±244 (7/24/91); Puerto Rico CB 91±275 (9/13/91); Virgin Islands CB 91±263 (8/23/91). 2. The Bureau of the Census no longer collects data for the Federated States of Micronesia and the Re- public of the Marshall Islands. See Technical Note C in Section V. 3. Inter-censal estimates are made only for Puerto Rico. Average hourly manufactur- U.S. Department of Labor, Bureau of Labor Statistics, 1. Data include overtime. ing wage, by StateÐAn- Current Employment Statistics Survey, ``Employment nual. and Earnings,'' May 1994. Table 2, p. 162Ð (Annualized) Average Hourly Earnings, by State, 1993. 2. FY 1996 allocations use 1993 data. 3. Used in Cost of Services Index. U.S. average manufacturing U.S. Department of Labor, Bureau of Labor Statistics. 1. Data include overtime. wageÐAnnual. Current Employment Statistics Survey, ``Employment and Earnings,'' May 1994. Table B±2, p. 52ÐNa- tional (Annualized) Average Hourly Earnings for 1993. 2. FY 1996 allocation uses data for 1993. 3. Used in Cost of Services Index. Four Bedroom Fair Market ``Section 8 Housing Assistance Payments Program; 1. HUD is required by law to establish FMRs annually Rent (FMR)ÐAnnual. Fair Market Rent Schedules for Use in the Rental and to publish proposed and final FMR's in the FED- Certificate Program, Loan Management and Property ERAL REGISTER. Disposition Programs; Moderate Rehabilitation Pro- gram and Rental Voucher Program (24 CFR Part 888) issued by the Department of Housing and Urban Development, Office of the Secretary. FED- ERAL REGISTER, September 28, 1994, Part IV; Vol 59, No. 187, pp. 49494±49553.. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30631

Data element and update frequency by source agency Data source Notes

2. The typical cycle is a Notice of Proposed Rule Mak- ing published in late April or early May, with the Final Rule published in the last two weeks of September for an October 1 effective date. 3. Used in Cost of Services Index. Metropolitan Area Definitions ``Section 8 Housing Assistance Payments Program; 1. The FEDERAL REGISTER notice fully documents how for FMRÐAnnual, at a Fair Market Rent Schedules for Use in the Rental ``housing market areas'' are defined and how Metro- minimum. Certificate Program, Loan Management and Property politan Area definitions are used. For non-metropoli- Disposition Programs; Moderate Rehabilitation Pro- tan areas, counties are used. In New England, town gram and Rental Voucher Program (24 CFR Part definitions are used. 888) issued by the Department of Housing and Urban Development, Office of the Secretary. FED- ERAL REGISTER, April 6, 1994, Part XII, Vol 59, No. 66, pp. 16408±16484. 2. Used in Cost of Services Index

V. Technical Notes employ those data available as of 1989 during the decennial census and October 1, 1995. This approach was are not subject to post-census updates in A. Establishment of Cutoff Date for adopted for all allotment determinations the years between censuses. (2) ‘‘Most Recent Data’’ beginning with those for FY 1996. Reliability. Hours and earnings The legislation for both block grants Congress was notified of the change in manufacturing data are based on the refers to use of the most recent available approach in February, 1995. actual records of gross payrolls and data in calculating the allotments for corresponding paid hours of B. Wage Data Set for Cost of Services each State and territory. Section employment maintained by economic Index 1918(a)(5)(B) states that ‘‘With respect to establishments for a variety of tax and data on population that is necessary for The Cost of Services Index is accounting purposes. Non- purposes of making a determination discussed on page 13 of the report cited manufacturing decennial census data under subparagraph (A), the Secretary in Section 1918(a)(8)(B) of the Act. are based on individual self-report. (3) shall use the most recent data that is According to that report ‘‘* * * the Scope. Manufacturing wage data are available from the Secretary of ideal cost-of-service measure would be collected on a monthly basis from a Commerce pursuant to the decennial data on the cost of providing a standard large sample of manufacturing census and pursuant to reasonable set of substance abuse and mental establishments from which valid estimates by such Secretary of changes health services in each State.’’ The estimates of wages at the State level can occurring in the data in the ensuing report also notes such data are not be made. According to the BLS ‘‘Manual period.’’ Section 1918(a)(6)(B)(I) available. The report reviews several on Series Available and Estimating requires use of ‘‘the most recent 3-year potential sources of wage data, and Methods, Current Employment Statistics arithmetic mean of the total taxable proposes the use of non-manufacturing Program, March 1994,’’ published in resources of the State, as determined by wage data from the decennial Census of March 1995, the sample contains over the Secretary of the Treasury.’’ Section Population and Housing. At the time of 61,000 manufacturing establishments. 1918(a)(6)(D)(ii) requires ‘‘the most the 1990 report, the only census Non-manufacturing data are collected recent 3-year arithmetic mean of total information available was 1980. Those from a 1-in-6 sample of households in personal income in such District [the data referred to earnings in 1979. A the decennial census, only a portion of District of Columbia], as determined by copy of the unpublished report is which report non-manufacturing wage the Secretary of Commerce.’’ available on request from the data. (4) Suitability. Because the When the legislation for the two block ‘Information Contact’ listed at the sampling point for the BLS Current grants was first implemented, SAMHSA beginning of this notice. Employment Statistics Program is the staff tried to update population and When SAMHSA began to assemble economic establishment, i.e., the point other data whenever new estimates of information to make the first block grant at which economic activity is generated, the block grant allotments were allotment computations, the non- the resulting manufacturing wage data required. This caused considerable manufacturing wages data from the 1990 are better suited to providing confusion because projections of census were not yet available and the information on the geographic specific State allotments under the two 1979 data were out-of-date. After distribution of employment and its Block Grant programs were changing consultation with the Comptroller impact on the demand for labor as constantly. Specific State allotment General, as required by the PHS Act, measured by wage rates. projections for various appropriation SAMSHA decided to use manufacturing BLS collects its data from a survey levels must be provided to Congress wage data collected annually by the conducted in cooperation with State early in the budget consideration Bureau of Labor Statistics (BLS) through Employment Security Agencies, which process; and changing estimates the Current Employment Statistics obtain the data from a sample of complicate the decision making process. Program for developing estimates for the employers who are able to report the Given the time constraints and the Cost of Services Index. actual weekly wage data from their need for consistent estimates for the There are several advantages to using records of payments. By contrast, the budget process, SAMHSA now bases all manufacturing wage data. (1) household survey method used in the calculations on the latest data available Timeliness. The BLS data are collected decennial census to obtain non- by the beginning of each fiscal year continuously on a monthly basis. In manufacturing wage data places primary (October 1). For example, allotments for contrast, the most recent non- emphasis on the employment status of FY 1997, determined during FY 1996, manufacturing data were collected in individuals and other demographic 30632 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices characteristics of the labor force. To C. Population Estimates for Territories Rico and the Virgin Islands. For the obtain its estimates, Census divides the For both the mental health and the Federated States of Micronesia and the total annual income due to wages substance abuse block grants the law Republic of the Marshall Islands the reported by households by 52 to derive provides that the Secretary shall latest data on population are from 1980. a weekly figure. The data are then estimate the civilian population of a The Census Bureau no longer has divided by the reported number of territory current if data on the civilian responsibility for collecting data from hours worked during the census week to population of the territory does not these two territories, which signed derive a wage value. The resulting exist. These estimates are developed by Compacts of Free Association with the estimate is not precise. Therefore, the modifying the population estimates for United States in 1988. The 1990 BLS manufacturing wage data are used the territories for which recent data do population estimates for the Federated in computing the allotments under the not exist by the average increase or States of Micronesia and the Republic of block grants. The appropriate decrease in the population of all the Marshall Islands were derived by Congressional committees were territories for which there are recent applying the average percent change informed of this approach. data. between 1980 and 1990 for the other Data are available from the 1990 territories to their 1980 populations. census for American Samoa, Guam, the This determination was made as Northern Mariana Islands, Palau, Puerto follows:

TERRITORY POPULATIONS FOR WHICH THE BUREAU OF THE CENSUSÐCOLLECTED DATA IN 1980 AND 1990 AND PERCENT CHANGE 1980±1990

1980 Popu- 1990 Popu- Percent Territory lation lation change

American Samoa ...... 32,297 46,773 +44.8 Guam ...... 105,979 133,152 +25.6 Northern Mariana Islands ...... 16,780 43,345 +158.3 Palau ...... 12,116 15,122 +24.8 Puerto Rico ...... 3,196,520 3,522,037 +10.2 Virgin Islands ...... 96,569 101,809 +5.4

Average Increase ...... +44.9

1990 ESTIMATED POPULATIONS OF TERRITORIES FOR WHICH THE BUREAU OF THE CENSUS NO LONGER COLLECTS DATA

1990 Estimated popu- lation (using 44.9 per- Territory 1980 Population as enu- cent average territory merated population increase from above table)

Federated States of Micronesia ...... 73,087 105,903 Republic of the Marshall Islands ...... 30,873 44,735

The Bureau of the Census has made living in urbanized areas and the total established in 1992 and is therefore the post-1990 decennial census estimates U.S. population between 18–24 years only Indian tribe currently eligible for only for Puerto Rico. With post-1990 living in urbanized areas. The Bureau of direct receipt of funds. This group estimates available only for Puerto Rico, the Census does not make inter-censal continues to receive a direct allotment the only way to adjust the population estimates of the population living in under the SAPT Block Grant. The estimates for the other territories is to urbanized areas. Therefore, the funding level for the Red Lake Indians, assume that the percentage change in estimates of this population group are as determined by SAMSHA based on FY the population of each is similar to the derived from the 1990 census. 1991 funding levels, is 0.0240535 of the percentage change in Puerto Rico. Since E. Indian Tribes Receiving Direct total amount of the Minnesota annual the distribution of funding for each Allotments Under the Substance Abuse allocation. territory is proportional to its Block Grant contribution to the total population of Dated: June 7, 1996. the territories, any adjustment based Section 1933(d) of the Act provides Richard Kopanda, only on the change for Puerto Rico for separate grants for substance abuse Executive Officer, SAMHSA. would not alter the allocation of funds. prevention and treatment to Indian [FR Doc. 96–15010 Filed 6–14–96; 8:45 am] tribes or tribal organizations. Several Therefore, the territory population data BILLING CODE 4162±20±P and estimates for 1990 continue to be categorical grant programs for which a used for allocation purposes. number of tribes had been direct recipients were folded into the former D. Population in Urbanized Areas for ADMS block grant when it was Substance Abuse Block Grant established in 1981. The Red Lake Band The formula for the SAPT block grant of the Chippewa Indians in Minnesota adjusts for the population at risk for was the only tribe or tribal organization substance abuse using the State still receiving ADMS block grant funds population between 18–24 years of age at the time the SAPT Block Grant was Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30633

DEPARTMENT OF HOUSING AND Title of Proposal: Calculation of Dated: June 10, 1996. URBAN DEVELOPMENT Tenant Rents at Title VI Preservation Nicolas P. Retsinas, Projects—HUD–90012 Assistant Secretary for Housing-Federal [Docket No. FR±3917±N±94] OMB Control Number, if applicable: Housing Commissioner. Office of the Assistant Secretary for 2502–0489 [FR Doc. 96–15226 Filed 6–14–96; 8:45 am] Housing-Federal Housing BILLING CODE 4210±01±M Description of the need for the Commissioner; Notice of Proposed information and proposed use: The Information Collection for Public Department requests extension of [Docket No. FR±3917±N±93] Comment information collection required to Government National Mortgage AGENCY: Office of the Assistant implement Title II of the Housing and Association; Notice of Proposed Secretary for Housing, HUD. Community Development Act of 1987 Information Collection for Public ACTION: Notice. and Title VI of the National Affordable Comment Housing Act of 1990 (The Statutes). The SUMMARY: The proposed information Statutes instruct the Department on how AGENCY: Government National Mortgage collection requirement described below to implement rents resulting from a Association, HUD. will be submitted to the Office of successful Plan of Action to maintain a ACTION: Notice. Management and Budget (OMB) for project’s affordability. This rent review, as required by the Paperwork SUMMARY: The proposed information structure was implemented by Reduction Act. The Department is collection requirement described below regulation on September 21, 1990, and soliciting public comments on the will be submitted to the Office of April 8, 1992 at CFR Part 248. The Title subject proposal. Management and Budget (OMB) for VI project rent structure portion was DATES: Comments due: August 16, 1996. review, as required by the Paperwork modified by appropriations action ADDRESSES: Reduction Act. The Department is Interested persons are found in Public Law 103–327, dated invited to submit comments regarding soliciting public comments on the September 18, 1994, which provided for this proposal. Comments should refer to subject proposal. incorporating provisions that necessitate the proposal by name and or OMB DATES: Comments due: August 16, 1996. inclusion of a tenant payment standard Control Number and should be sent to: ADDRESSES: Interested persons are Oliver Walker, Housing, Department of for Lower Income Residents receiving invited to submit comments regarding Housing & Urban Development, 451–7th Section 8 assistance during FY 1995. this proposal. Comments should refer to Street, SW, Room 9116, Washington, DC The interim rule includes one case of the proposal by name and/or OMB 20410. information collection. The form will be Control Number and should be sent to: FOR FURTHER INFORMATION CONTACT: used by owners to assist in calculating Sonya K. Suarez, Government National Kerry J. Mulholland, Telephone number annual rent payments made by each Mortgage Association, Office of (202) 708–0614, Ext. 2649 (this is not a tenant residing in the property. The FY Program, Policy, Procedure, and Risk toll-free number) for copies of the 1995 Appropriations changes to Lower Management, Department of Housing & proposed forms and other available Income Tenant rent payments remain in Urban Development, 451–7th Street, documents. effect as along as the Department funds SW, Room 6222, Washington, DC 20410. SUPPLEMENTARY INFORMATION: The under FY 1995 conditions. Owners are FOR FURTHER INFORMATION CONTACT: Department will submit the proposed currently required to recertify tenants Sonya K. Suarez, on (202) 708–2884 information collection to OMB for annually using Form HUD–50059. Form (this is not a toll-free number) for copies review, as required by the Paperwork HUD–90012 amends the current of the proposed forms and other Reduction Act of 1995 (44 U.S.C. recertification process to meet program available documents. Chapter 35, as amended). guidelines. Information on the form will SUPPLEMENTARY INFORMATION: The The Notice is soliciting comments also be used by HUD field offices to Department will submit the proposed from members of the public and monitor the owner’s accurate information collection to OMB for affecting agencies concerning the calculation of these rent payments. review, as required by the Paperwork proposed collection of information to: Reduction Act of 1995 (44 U.S.C. (1) Evaluate whether the proposed Agency form number, if applicable: Chapter 35, as amended). collection of information is necessary HUD–90012 The Notice is soliciting comments for the proper performance of the Members of affected public: from members of the public and functions of the agency, including Approximately 161 owners of LIHPRHA affecting agencies concerning the whether the information will have projects and approximately 54 ELIPHA proposed collection of information to: practical utility; (2) evaluate the projects located throughout the (1) Evaluate whether the proposed accuracy of the agency’s estimate of the Continental United States. collection of information is necessary burden of the proposed collection of for the proper performance of the An estimation of the total number of information; (3) enhance the quality, functions of the agency, including utility, and clarity of the information to hours needed to prepare the information whether the information will have be collected; and (4) minimize the collection is 1,862, the number of practical utility; (2) Evaluate the burden of the collection of information respondents is 161, frequency of accuracy of the agency’s estimate of the on those who are to respond; including response is 1, and the hours of response burden of the proposed collection of through the use of appropriate is 8.66. information; (3) Enhance the quality, automated collection techniques or Status of the proposed information utility, and clarity of the information to other forms of information technology, collection: Extension with change. be collected; and (4) Minimize the e.g., permitting electronic submission of burden of the collection of information Authority: Section 3506 of the Paperwork responses. on those who are to respond; including Reduction Act of 1995, 44 U.S.C., Chapter 35, This Notice also lists the following through the use of appropriate as amended. information: automated collection techniques or 30634 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices other forms of information technology, approved lender or loan correspondent Members of affected public: Business e.g., permitting electronic submission of under Title I and/or Title II program or other for-profit and the Federal responses. and/or an approved issuer with Ginnie Government. This Notice also lists the following Mae. The form requires lenders to Estimation of the total numbers of information: provide specific information about their hours needed to prepare the information Title of Proposal: Application for mortgage lending operations, business collection including number of Approval FHA Lender and/or Ginnie background and experience. It sets out respondents, frequency of response, and Mae Mortgage-Backed Securities Issuer. the information FHA/Ginnie Mae hours of response: OMB Control Number: 2503–0012. requires to determine if the applicant Respondents: FHA—1800; Ginnie Description of the need for the meets FHA/Ginnie Mae eligibility Mae—50. information and proposed use: This requirements. Frequency of response: one time form is used by mortgage lenders who Agency form numbers: HUD 11702/ application. wish to apply to become a FHA- 92001. Reporting Burden:

Number of re- × Frequency of × Hours per Burden spondents responses response = hours

FHA ...... 1800 1 .50 900 Ginnie Mae ...... 50 1 .75 38

Total Estimated Burden Hours: 938. OMB approval number should be sent response, and hours of response; (9) Status: Extension of a currently to: Joseph F. Lackey, Jr., OMB Desk whether the proposal is new, an approved collection. Officer, Office of Management and extension, reinstatement, or revision of Authority: Section 3506 of the Paperwork Budget, Room 10235, New Executive an information collection requirement; Reduction Act of 1995, 44 U.S.C. Chapter 35, Office Building, Washington, DC 20503. and (10) the names and telephone as amended. FOR FURTHER INFORMATION CONTACT: Kay numbers of an agency official familiar Dated: May 30, 1996. F. Weaver, Reports Management Officer, with the proposal and of the OMB Desk Thomas R. Weakland, Department of Housing and Urban Officer for the Department. Acting Executive Vice President, Government Development, 451 7th Street, Authority: Section 3507 of the Paperwork National Mortgage Association. Southwest, Washington, DC 20410, Reduction Act of 1995, 44 U.S.C. 35, as [FR Doc. 96–15229 Filed 6–14–96; 8:45 am] telephone (202) 708–0050. This is not a amended. BILLING CODE 4210±01±M toll-free number. Copies of the proposed Dated: June 4, 1996. forms and other available documents David S. Cristy, submitted to OMB my be obtained from [Docket No. FR±3917±N±95] Acting Director, Information Resources Ms. Weaver. Management Policy and Management Office of Administration; Submission SUPPLEMENTARY INFORMATION: The Division. Department has submitted the proposal for OMB Review: Comment Request Notice of Submission of Proposed for the collection of information, as Information Collection to OMB AGENCY: Office of Administration, HUD. described below, to OMB for review, as ACTION: Notice. required by the Paperwork Reduction Title of Proposal: Mortgage Record Act (44 U.S.C. Chapter 35). Change. SUMMARY: The proposed information The Notice lists the following Office: Housing. collection requirement described below information: (1) the title of the OMB Approval Number: 2502–0422. has been submitted to the Office of information collection proposal; (2) the Description of the Need for the Management and Budget (OMB) for office of the agency to collect the Information and Its Proposed Use: review, as required by the Paperwork information; (3) the OMB approval Mortgagees who participate in the HUD/ Reduction Act. The Department is number, if applicable; (4) the FHA insurance programs must report soliciting public comments on the description of the need for the mortgage portfolio activity to the subject proposal. information and its proposed use; (5) Department regarding changes of DATES: Comments due date: July 17, the agency form number, if applicable; investor and/or service. 1996. (6) what members of the public will be ADDRESSES: Interested persons are affected by the proposal; (7) how Form Number: HUD–92080. invited to submit comments regarding frequently information submissions will Respondents: Not-For-Profit this proposal. Comments must be be required; (8) an estimate of the total Institutions. received within thirty (30) days from the number of hours needed to prepare the Frequency of Submission: On date of this Notice. Comments should information submission including Occasion. refer to the proposal by name and/or number of respondents, frequency of Reporting Burden:

Number of re- Frequency of Hours per Burden spondents x response x response = hours

HUD±92080 ...... 9,062 245.64 .1 222,600

Total Estimated Burden Hours: Status: Reinstatement, without Contact: George Russell/Donald L. 222,600. changes. Kline, HUD, (202) 708–2022; Joseph F. Lackey, Jr., OMB, (202) 395–7316. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30635

Dated: June 4, 1996. Southwest, Washington, DC 20410, Authority: Section 3507 of the Paperwork [FR Doc. 96–15527 Filed 6–14–96; 8:45 am] telephone (202) 708–0050. This is not a Reduction Act of 1995, 44 U.S.C. 35, as amended. BILLING CODE 4210±01±M toll-free number. Copies of the proposed forms and other available documents Dated: June 4, 1996. submitted to OMB may be obtained David S. Cristy, [Docket No. FR±4927±N±96] from Ms. Weaver. Acting Director, Information Resources Office of Administration; Submission Management Policy and Management SUPPLEMENTARY INFORMATION: The Division. for OMB Review: Comment Request Department has submitted the proposal Notice of Submission of Proposed AGENCY: Office of Administration, HUD. for the collection of information, as described below, to OMB for review, as Information Collection to OMB ACTION: Notice. required by the Paperwork Reduction Title of Proposal: Family Self- SUMMARY: The proposed information Act (44 U.S.C. Chapter 35). Sufficiency Program. collection requirement described below The Notice lists the following Office: Public and Indian Housing. has been submitted to the Office of information: (1) the title of the OMB Approval Number: 2577–0178. Management and Budget (OMB) for information collection proposal; (2) the Description of the Need for the review, as required by the Paperwork office of the agency to collect the Information and its Proposed Use: The Reduction Act. The Department is information; (3) the OMB approval information collections are needed to soliciting public comments on the number, if applicable; (4) the promote the development of local subject proposal. description of the need for the strategies that coordinate the use of DATES: Comments due date: July 17, information and its proposed use; (5) public housing assistance and housing 1996. the agency form number, if applicable; assistance under Section 8 Rental ADDRESS: Interested persons are invited (6) what members of the public will be Certificate and Voucher Programs with to submit comments regarding this affected by the proposal; (7) how public/private resources. The proposal. Comments must be received frequently information submissions will information will enable eligible families within thirty (30) days from the date of be required; (8) an estimate of the total to achieve economic independence and this Notice. Comments should refer to number of hours needed to prepare the self-sufficiency. the proposal by name and/or OMB information submission including approval number should be sent to: number of respondents, frequency of Form Number: HUD–52650 and Joseph F. Lackey, Jr., OMB Desk Officer, response, and hours of response; (9) HUD–52652. Office of Management and Budget, whether the proposal is new, an Respondents: Individuals or Room 10235, New Executive Office extension, reinstatement, or revision of Households and State, Local, or Tribal Building, Washington, DC 20503. an information collection requirement; Government. FOR FURTHER INFORMATION CONTACT: Kay and (10) the names and telephone Frequency of Submission: On F. Weaver, Reports Management Officer, numbers of an agency official familiar Occasion, Annually, and Department of Housing and Urban with the proposal and of the OMB Desk Recordkeeping. Development, 451 7th Street, Officer for the Department. Reporting Burden:

Number of × Frequency of × Hours per re- Burden respondents response sponse = hours

Action Plan ...... 600 1 40 24,000 HUD±52650 ...... 600 50 1 30,000 HUD±52652 ...... 600 10 1 6,000 Reporting ...... 600 1 40 24,000 Recordkeeping ...... 600 1 .25 150

Total Estimated Burden Hours: ACTION: Notice of amendment to George T. Skibine, Director, Indian 84,150. approved Tribal-State Compact. Gaming Management Staff, Bureau of Status: Reinstatement, without Indian Affairs, Washington, DC 20240, SUMMARY: changes. Pursuant to 25 U.S.C. 2710, of (202) 219–4068. the Indian Gaming Regulatory Act of Dated: June 7, 1996. Contact: Cedric A. Brown, HUD, (202) 1988 (Pub. L. 100–497), the Secretary of Ada E. Deer, 708–3887; Joseph F. Lackey, Jr., OMB, the Interior shall publish, in the Federal (202) 395–7316. Register, notice of approved Tribal-State Assistant Secretary—Indian Affairs. Dated: June 4, 1996. Compacts for the purpose of engaging in [FR Doc. 96–15295 Filed 6–14–96; 8:45 am] [FR Doc. 96–15228 Filed 6–14–96; 8:45 am] Class III (casino) gambling on Indian BILLING CODE 4310±02±M BILLING CODE 4210±01±M reservations. The Assistant Secretary- Indian Affairs, Department of the Interior, through her delegated Bureau of Land Management authority, has approved Amendment I DEPARTMENT OF THE INTERIOR to the Tribal-State Compact for [AZ±910±0777±61±241A] Regulation of Class III Gaming Between Bureau of Indian Affairs The Klamath Tribes and the State of Call for Nominations of Elected Official Oregon, which was executed on April 4, to the Arizona Resource Advisory Indian Gaming 1996. Council AGENCY: Bureau of Indian Affairs, EFFECTIVE DATE: June 17, 1996. AGENCY: Bureau of Land Management, Interior. FOR FURTHER INFORMATION CONTACT: Interior. 30636 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

ACTION: Notice. from represented interests or disadvantage of the threatened species, organizations, a completed background and that it will be consistent with the SUMMARY: The purpose of this notice is information nomination form, as well as purposes and policy set forth in the Act, to solicit nominations from the public any other information that speaks to the as amended. for the elected official vacancy on the nominee’s qualifications. Additional information on this permit Bureau of Land Management (BLM) The nomination period will also be action may be obtained by contacting Arizona Resource Advisory Council announced through press releases the Assistant Field Supervisor, U.S. Fish currently assisting BLM. Established issued by the BLM Arizona offices. and Wildlife Service, Utah Field Office, and authorized in 1995 by the Secretary Nomination forms for this Resource 145 East 1300 South Street, Suit 404, of the Interior, the council provides Advisory position are available from all Salt Lake City, Utah, 84115, telephone advice and recommendations to BLM on BLM offices. Nominations should be (801) 524–5001, between the hours of management of the public lands in sent to Joanie Losacco, Deputy of 7:30 a.m. and 4:30 p.m. weekdays. Arizona, and those portions of External Affairs, Arizona State Office, California and Utah under the Dated: June 6, 1996. P.O. Box 16563, Phoenix, AZ 85011– Ralph O. Morgenweck, jurisdiction of Arizona BLM. Public 6563. notice begins with the publication date Regional Director, U.S. Fish and Wildlife DATES: of this notice. Public nominations will All nominations should be Service. be considered for 45 days. The Federal received by Joanie Losacco, Deputy of [FR Doc. 96–15270 Filed 6–14–96; 8:45 am] External Affairs, by August 1, 1996. Land Policy and Management Act BILLING CODE 4310±55±M (FLPMA) directs the Secretary of the FOR FURTHER INFORMATION CONTACT: Interior to involve the public in Deborah Stevens, Arizona External planning and issues related to Affairs, Arizona State Office, P.O. Box National Park Service management of lands administered by 16563, Phoenix, AZ 85011–6563, 602/ BLM. Section 309 of FLPMA directs the 650–0504. Proposal To Award Concession Permits; Public Notice Secretary to select 10 to 15 member Dated: June 10, 1996. citizen-based advisory councils that are Joanie Losacco, AGENCY: National Park Service, Interior. established and authorized consistent Deputy of External Affairs. ACTION: Notice. with the requirements of the Federal [FR Doc. 96–15246 Filed 6–14–96; 8:45 am] Advisory Committee Act (FACA). As SUMMARY: BILLING CODE 4310±32±M Public notice is hereby given required by the FACA, Resource that the National Park Service proposes Advisory Council members appointed to to award twenty-one (21) concession the council must be balanced and Fish and Wildlife Service permtis authorizing continued operation representative of the various interests of canoe rental, shuttle and related concerned with the management of the Issuance of Permit for Incidental Take services for the public at Buffalo public lands. These include three of Threatened Species National River for a period of five (5) categories: years from November 1, 1996, through • Category 1—holders of federal AGENCY: Fish and Wildlife Service, October 31, 2001. Interior. grazing permits, representatives of EFFECTIVE DATE: August 16, 1996. energy and mining development, timber ACTION: Notice. ADDRESS: Interested parties should industry, off-road vehicle use and contact the Superintendent, Buffalo developed recreation; On April 25, 1996, a notice was • Category 2—representatives of published in the Federal Register (61 National River, P.O. Box 1173, Harrison, environmental and resource FR 18407) that an application had been Arkansas 72602–1173, to obtain a copy conservation organizations, filed with the U.S. Fish and Wildlife of the prospectus describing the archaeological and historic interests, Service (Service) by the Smead requirements of the proposed permits. and wild horse and burro groups; Manufacturing Company for a permit to SUPPLEMENTARY INFORMATION: This • Category 3—representatives of State incidentally take, pursuant to Section permit renewal has been determined to and local government, Native American 10(a)(1)(B) of the Endangered Species be categorically excluded from the tribes, academicians involved in natural Act (Act) of 1973, as amended (16 procedural provisions of the National sciences, and the public-at-large. U.S.C. 1531 et seq.), threatened Utah Environmental Policy Act and no The vacancy currently open on the prairie dog (Cynomys parvidens) in environmental document will be Arizona Resource Advisory Council is conjunction with otherwise legal prepared. for the elected official position in activities including manufacturing The existing concessionaires have Category 3 which includes facility construction and operation, in performed their obligations to the representatives of State and local Cedar City, Iron County, Utah pursuant satisfaction of the Secretary under government positions. to the Implementation Agreement that existing permits which expire by Individuals may nominate themselves implements the Habitat Conservation limitation of time on October 31, 1996, or others. Nominees must be an elected Plan prepared by the Smead and therefore pursuant to the provisions official of general purpose government Manufacturing Company. of Section 5 of the Act of October 9, and a resident of the States within the Notice is hereby given that on May 29, 1965 (79 Stat. 969; 16 U.S.C. 20), each geographic jurisdiction of the Council. 1996, as authorized by the provisions of existing concessioner is entitled to be Nominees will be evaluated based on the Act, the Service issued an incidental given preference in the renewal of the their education, training, and take permit (permit number PRT– permit and in the negotiation of a new experience of the issues and knowledge 814008) to the above-named party permit, providing that the existing of the geographical area of the Council. subject to certain conditions set forth concessioner submits a responsive offer Nominees should have demonstrated a therein. The permit was granted only (a timely offer which meets the terms commitment to collaborative resource after it was determined that it was and conditions of the Prospectus). This decision making. All nominations must applied for in good faith, that by means that the permit will be awarded be accompanied by letters of reference granting the permit it will not be to the to the party submitting the best offer, Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30637 provided that if the best offer was not provisions of section 5 of the Act of procedural provisions of the National submitted by the existing concessioner, October 9, 1965 (79 Stat. 969; 16 U.S.C. Environmental Policy Act and no then the existing concessioner will be 20), each existing concessioner is environmental document will be afforded the opportunity to match the entitled to be given preference in the prepared. best offer. If the existing concessioner renewal of the permit and in the The existing concessioners have agrees to match the best offer, then the negotiation of a new permit, providing performed their obligations to the permit will be awarded to the existing that the existing concessioner submits a satisfaction of the Secretary under concessioner. responsive offer (a timely offer which existing permits which expire by If any of the existing concessionaires meets the terms and conditions of the limitation of time on December 31, does not submit a responsive offer, the Prospectus). This means that the permit 1996, and therefore pursuant to the right of preference in renewal shall be will be awarded to the party submitting provisions of Section 5 of the Act of considered to have been waived, and the best offer, provided that if the best October 9, 1965 (79 Stat. 969; 16 U.S.C. the permit will then be awarded to the offer was not submitted by the existing 20), are entitled to be given preference party that has submitted the best concessioner, then the existing in the renewal of the contract, and in responsive offer. concessioner will be afforded the the award of a new contract providing The Secretary will consider and opportunity to match the best offer. If that the existing concessioner submit a evaluate all proposals received as a the existing concessioner agrees to responsive offer (a timely offer which result of this notice. Any proposal, match the best offer, then the permit meets the terms and conditions of the including that of the existing will be awarded to the existing Prospectus). This means that the concessioner, must be received by the concessioner. contract will be awarded to the party Superintendent, not later than the If the existing concessioner does not submitting the best offer, provided that sixtieth (60th) day following publication submit a responsive offer, the right of if the best offer was not submitted by an of this notice to be considered and preference in renewal shall be existing concessioner, then the existing evaluated. considered to have been waived, and concessioner will be afforded the opportunity to match the best offer. If Dated: May 14, 1996. the permit will then be awarded to the the existing concessioner agrees to David N. Given, party that has submitted the best responsive offer. match the best offer, then the contract Acting Field Director, Midwest Field Area. The Secretary will consider and will be awarded to the existing [FR Doc. 96–15337 Filed 6–14–96; 8:45 am] evaluate all proposals received as a concessioner. If the existing BILLING CODE 4310±70±M result of this notice. Any proposal, concessioner does not submit a including that of the existing responsive offer, the right of preference concessioner, must be received by the in renewal shall be considered to have Proposal To Award Concession Superintendent, not later than the been waived, and the contract will then Permits; Public Notice sixtieth (60th) day following publication be awarded to the party that has AGENCY: National Park Service, Interior. of this notice to be considered and submitted the best responsive offer. The Secretary will consider and evaluate all ACTION: Notice. evaluated. offers received as a result of this notice. Dated: May 15, 1996. SUMMARY: Public notice is hereby given Any offer, including that of the Edward D. Carlin, that the National Park Service proposes existing concessioner, must be received to award twenty (20) concession permits Acting Field Director, Midwest Area. by the Superintendent, Dinosaur authorizing continued operation of [FR Doc. 96–15338 Filed 6–14–96; 8:45 am] National Monument, 4545 Highway 40, canoe, inner tube, and johnboat rentals, BILLING CODE 4310±70±M Dinosaur, Colorado 81610, not later than merchandise stores, woodlots, hot one hundred and twenty (120) days showers and related services for the following publication of this notice to public of Ozark National Scenic Proposal To Award Concession be considered and evaluated. Riverways for a period of five (5) years Contracts; Public Notice Dated: June 4, 1996. and will expire December 31, 2000. AGENCY: National Park Service, Interior. Linda L. Stoll, EFFECTIVE DATE: August 16, 1996. ACTION: Notice. Acting Superintendent, Colorado Plateau ADDRESS: Interested parties should System Support Office. contact the Superintendent, Ozark SUMMARY: Public notice is hereby given [FR Doc. 96–15335 Filed 6–17–96; 8:45 am] National Scenic Riverways, P.O. Box that the National Park Service proposes BILLING CODE 4310±70±M 490, Van Buren, Missouri 63965, to to award eleven concession contracts obtain a copy of the prospectus authorizing continued operation of describing the requirements of the commercially guided, interpretive Concession Permits Awarded for proposed permits. whitewater river tours, for the public at Buffalo National River, AR Dinosaur National Monument for a SUPPLEMENTARY INFORMATION: These AGENCY: period of five (5) years from January 1, National Park Service, Interior. permit renewals have been determined 1997 through December 31, 2001. ACTION: Public notice. to be categorically excluded from the procedural provisions of the National EFFECTIVE DATE: October 15, 1996. SUMMARY: Public notice is hereby given Environmental Policy Act and no ADDRESS: Interested parties should that the National Park Service proposes environmental document will be contact the Superintendent, Dinosaur to award eight (8) concession permits prepared National Monument, 4545 Highway 40, authorizing continued operation of The existing concessionaires have Dinosaur, Colorado 81610, to obtain a johnboat rental, shuttle and guide performed their obligations to the copy of the Prospectus describing the services for the public at Buffalo satisfaction of the Secretary under requirements of the proposed contracts. National River for a period of five (5) existing permits which expired by SUPPLEMENTARY INFORMATION: This years from December 1, 1996, through limitation of time on December 31, contract renewal has been determined to November 30, 2001. 1994/95, and therefore pursuant to the be categorically excluded from the EFFECTIVE DATE: August 16, 1996. 30638 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

ADDRESSES: Interested parties should DEPARTMENT OF JUSTICE (2) A brief narrative description of the contact the Superintendent, Buffalo circumstances leading to and the nature National River, P.O. Box 1173, Harrison, Foreign Claims Settlement of the Nazi persecution, including the Arkansas 72602–1173, to obtain a copy Commission dates and places of internment, and the of the prospectus describing the impact of persecution on the freedom Holocaust Survivor Claims; Notice of requirements of the proposed permits. and health of claimant; Deadline for Filing of Claims (3) Documentary proof of United SUPPLEMENTARY INFORMATION: This AGENCY: Foreign Claims Settlement States citizenship both (a) at the time of permit renewal has been determined to Commission of the United States; Nazi persecution and (b) at present; be categorically excluded from the Justice. (4) Documentary proof of claimant’s procedural provisions of the National loss of liberty or damage to health as a ACTION: Notice. Environmental Policy Act and no result of Nazi persecution (for example, environmental document will be SUMMARY: The Foreign Claims a certified copy of a contemporaneous prepared. Settlement Commission announces the government document or report of a contemporaneous medical examination, The existing concessionaires have establishment of a program to adjudicate the claims of certain United States or sworn witness statements); performed their obligations to the survivors of the Holocaust for (5) Any additional information or satisfaction of the Secretary under compensation pursuant to a September documentation relevant to the level of existing permits which expire by 19, 1995, agreement between the United compensation sought by the claimant. limitation of time on October 31, 1996, States and Germany. Completed claim forms and and therefore pursuant to the provisions DATES: The deadline for filing of claims supporting documentation must be of Section 5 of the Act of October 9, in this program is September 30, 1996. submitted no later than September 30, 1965 (79 Stat. 969; 16 U.S.C. 20), each 1996. FOR FURTHER INFORMATION CONTACT: The Commission will conduct this existing concessioner is entitled to be David E. Bradley, Chief Counsel, given preference in the renewal of the program and render its decisions in Foreign Claims Settlement Commission accordance with its regulations, which permit and in the negotiation of a new of the United States, U.S. Department of permit, providing that the existing are published in Chapter V of Title 45, Justice, 600 E St., N.W., Suite 6002, Code of Federal Regulations (45 CFR concessioner submits a responsive offer Washington, DC 20579, Tel. (202) 616– 500 et seq.). In particular, attention is (a timely offer which meets the terms 6975, FAX (202) 616–6993. and conditions of the Prospectus). This directed to 45 CFR 531.6(d), which means that the permit will be awarded Notice of Deadline for Filing of provides that the claimant shall bear the Holocaust Claims burden of proof on all elements of a to the party submitting the best offer, claim. A copy of the regulations is provided that if the best offer was not Certain United States survivors of the available from the Commission upon submitted by the existing concessioner, Holocaust are eligible for compensation pursuant to a September 19, 1995, request. then the existing concessioner will be Requests for claim forms should be afforded the opportunity to match the agreement between the United States and the Government of the Federal addressed to: Foreign Claims Settlement best offer. If the existing concessioner Commission of the United States, agrees to match the best offer, then the Republic of Germany. The Foreign Claims Settlement Washington, DC 20579. Forms also may permit will be awarded to the existing Commission will conduct a claims be requested by telephone, at (202) 616– concessioner. program to identify persons eligible 6975, or by facsimile, at (202) 616–6993. If any of the existing concessionaires under the agreement. This will be the Approval has been obtained from the does not submit a responsive offer, the only opportunity for U.S. citizens to Office of Management and Budget for right of preference in renewal shall be seek compensation from Germany the collection of this information. considered to have been waived, and through the U.S. Government for loss of Approval No. 1105–0068. the permit will then be awarded to the liberty or damage to health due to Nazi Delissa A. Ridgway, party that has submitted the best persecution. The decisions of the Chair. responsive offer. Commission will serve as the basis for [FR Doc. 96–15296 Filed 6–14–96; 8:45 am] negotiation of a compensation figure BILLING CODE 4410±01±P The Secretary will consider and between the U.S. Department of State evaluate all proposals received as a and the German Government, which has result of this notice. Any proposal, already agreed in principle to NATIONAL AERONAUTICS AND including that of the existing compensate eligible claimants. SPACE ADMINISTRATION concessioner, must be received by the This program is open to those U.S. Superintendent, not later than the citizens who were U.S. citizens at the [Notice (96±063)] sixtieth (60th) day following publication time of their persecution and were Government-Owned Inventions, of this notice to be considered and interned in concentration camps or Available for Licensing evaluated. under comparable conditions. The agreement excludes compensation for AGENCY Dated: June 14, 1996. : National Aeronautics and those who were subjected to forced Space Administration. David N. Given, labor only and for those who have ACTION: Notice of availability of Acting Field Director, Midwest Field Area. previously received compensation from inventions for licensing. [FR Doc. 96–15336 Filed 6–14–96; 8:45 am] Germany. BILLING CODE 4310±70±M Any person wishing to file a claim SUMMARY: The inventions listed below must request and complete an official are assigned to the National Aeronautics claim form, providing information and Space Administration, have been including: filed in the United States Patent and (1) The name, address and telephone Trademark Office, and are available for number of claimant; licensing. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30639

Copies of patent applications cited are NASA Case No. MSC–22,525–1: Retractable NUCLEAR REGULATORY available from the Office of Patent Visual Indicator for Carbon Filters. COMMISSION Counsel, Johnson Space Center, Mail NASA Case No. MSC–21,984–2: A Method [Docket No. 50±423] Code HA, Houston, TX 77058. Claims of Producing Non-Neoplastic, Three- are deleted from the patent applications Dimensional Mammalian Tissue and Cell Northeast Nuclear Energy Company, et Aggregates under Microgravity Culture to avoid premature disclosure. al.; Notice of Consideration of Conditions and the Products Produced DATE: June 17, 1996. Issuance of Amendment to Facility Therefrom. FOR FURTHER INFORMATION CONTACT: Operating License, Proposed No NASA Case No. MSC–21,984–3: A Method Ed Fein, Patent Counsel, Lyndon B. Significant Hazards Consideration of Producing Non-Neoplastic, Three- Johnson Space Center, Mail Code HA, Determination, and Opportunity for a Houston, TX 77058; telephone (713) Dimensional Mammalian Tissue and Cell Aggregates under Microgravity Culture Hearing 483–0837, fax (713) 244–8452. Conditions and the Products Produced The U.S. Nuclear Regulatory NASA Case No. MSC–22,329–1: Push Type Therefrom. Commission (the Commission) is Fastener. NASA Case No. MSC–21,961–2: Dated: June 7, 1996. considering issuance of an amendment Accelerometer Method and Apparatus for Edward A. Frankle, to Facility Operating License No. NPF– Integral Display and Control Functions. General Counsel. 49 issued to Northeast Nuclear Energy NASA Case No. MSC–22,618–1: Global Company (the licensee) for operation of [FR Doc. 96–15248 Filed 6–14–96; 8:45 am] Qualitative Flow-Path Modeling for Local the Millstone Nuclear Power Station, State Determination in Simulation and BILLING CODE 7510±01±M Unit No. 3, located in New London Analysis. County, Connecticut. NASA Case No. MSC–22,489–1: The proposed amendment would Microcapsules and Methods for Making. [Notice (96±062)] NASA Case No. MSC–22,122–1: Pathogen revise the Technical Specifications (TS) Propagation in Cultured Three-Dimensional for the Overtemperature delta T time Tissue Mass. Notice of Prospective Patent License constants in TS Table 2.2–1 and the NASA Case No. MSC–21,915–2: Steam Line Pressure Negative Rate High Polarization Perception Device. AGENCY: National Aeronautics and Steam Line Isolation time constant on NASA Case No. MSC–22,584–1: Enhanced Space Administration. TS Table 3.3–4. Whipple Shield. ACTION: Notice of prospective patent Before issuance of the proposed NASA Case No. MSC–21,715–2: license amendment, the Commission Quantitative Method of Measuring Cancer license. Cell Urokinase and Metastatic Potential. will have made findings required by the Atomic Energy Act of 1954, as amended NASA Case No. MSC–22,544–1: SUMMARY: NASA hereby gives notice Capacitance Probe for Fluid Flow and (the Act) and the Commission’s Volume Measurements. that Hargraves Technology Corporation, regulations. NASA Case No. MSC–21,982–1: High of 14100 Wynfield Creek Parkway, The Commission has made a Performance Circularly Polarized Microstrip Huntersville, North Carolina 28078, has proposed determination that the Antenna. requested an exclusive license to amendment request involves no NASA Case No. MSC–22,358–1: Method practice the invention disclosed in significant hazards consideration. Under and Apparatus for Production of Powders. NASA Case No. LAR–15,348–1, entitled NASA Case No. MSC–22,549–1: Light- the Commission’s regulations in 10 CFR Directed Ranging System Implementing ‘‘THIN-LAYER COMPOSITE- 50.92, this means that operation of the Single Camera System for Telerobotics UNIMORPH PIEZOELECTRIC DRIVER facility in accordance with the proposed Applications. AND SENSOR,’’ ‘‘THUNDER’’, for amendment would not (1) involve a NASA Case No. MSC–22,431–1: Ranging which a U.S. Patent Application was significant increase in the probability or Apparatus and Method Implementing Stereo filed by NASA on April 4, 1995. Written consequences of an accident previously Vision System. evaluated; or (2) create the possibility of NASA Case No. MSC–22,515–1: Bending objections to the prospective grant of and Torsion Load Alleviator with Automatic license should be sent to Mr. George F. a new or different kind of accident from Reset. Helfrich, Patent Counsel, Langley any accident previously evaluated; or NASA Case No. MSC–22,424–2: Rotary Research Center. (3) involve a significant reduction in a Blood Pump. margin of safety. As required by 10 CFR NASA Case No. MSC–22,605–1–SB: Fiber- DATE: Responses to this notice must be 50.91(a), the licensee has provided its Optic Chemiluminescent Biosensors for received by August 16, 1996. analysis of the issue of no significant Monitoring Aqueous Alcohols and Other FOR FURTHER INFORMATION CONTACT: hazards consideration, which is Water Quality Parameters. presented below: NASA Case No. MSC–22,366–1: Method Mr. George F. Helfrich, Patent Counsel, and Apparatus for Measuring Fluid Flow. Langley Research Center, Mail Code The proposed changes do not involve a NASA Case No. MSC–22,532–1: Adaptive [significant hazards consideration] SHC Speech Recognition System Apparatus and 212, Hampton, VA 23681; telephone because the changes would not: Method. (804) 864–9260. 1. Involve a significant increase in the NASA Case No. MSC–22,451–1: Particle Dated: June 10, 1996. probability or consequence of an accident Velocity Measuring System. previously evaluated. NASA Case No. MSC–22,569–1: Edward A. Frankle, The proposed Technical Specification Micromechanical Oscillating Mass Balance. General Counsel. changes will revise the mathematical NASA Case No. MSC–22,616–1: [FR Doc. 96–15247 Filed 6–14–96; 8:45 am] notations associated with the time constants Preservation of Liquid Biological Samples. in Tables 2.2–1 and 3.3–4. The proposed BILLING CODE 7510±01±M NASA Case No. MSC–22,463–2: Method changes do not modify the value of any time and Apparatus for the Collection, Storage, constant. and Real Time Analysis of Blood and Other The proposed changes to Table 2.2–1 will Bodily Fluids. replace the current equalities with NASA Case No. MSC–22,521–1–SB: inequalities in order to indicate the direction Ground Isolation Circuit for Isolating a of conservatism for the time constants τ1, τ2, Transmission Line from Ground Interference. τ4, τ5 and τ7. These time constants are used 30640 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices in Note 1 and Note 3 for the Overtemperature 3. Involve a significant reduction in a determination will consider all public [delta] T and Overpower [delta] T trips. margin of safety. and State comments received. Should The proposed change to Table 3.3–4 will The proposed Technical Specification the Commission take this action, it will revise the direction of the inequality from changes will revise the mathematical publish in the Federal Register a notice ‘‘less than or equal to’’ to ‘‘greater than or notations associated with the time constants equal to’’ in order to indicate the correct in Tables 2.2–1 and 3.3–4. The proposed of issuance and provide for opportunity direction of conservatism for the time changes do not modify the value of any time for a hearing after issuance. The constant for the rate-lag controller for the constant. Commission expects that the need to Steam Line Pressure-Negative Rate-High trip. The proposed changes to Table 2.2–1 will take this action will occur very The proposed changes will modify the replace the current equalities with infrequently. setpoint calibration of plant instrumentation inequalities in order to indicate the direction Written comments may be submitted in a manner that is consistent with the of conservatism for the time constants τ1, τ2, τ τ τ by mail to the Rules Review and Millstone Unit No. 3 setpoints analysis since 4, 5 and 7. These time constants are used the time constants will be treated as limits in Note 1 and Note 3 for the Overtemperature Directives Branch, Division of Freedom with a direction of conservatism. Based on [delta] T and Overpower [delta] T trips. of Information and Publications the nature of the change, there is no effect on The proposed change to Table 3.3–4 will Services, Office of Administration, U.S. the probability of occurrence of previously revise the direction of the inequality from Nuclear Regulatory Commission, evaluated accidents. ‘‘less than or equal to’’ to ‘‘greater than or Washington, DC 20555–0001, and The changes noted above related to the equal to’’ in order to indicate the correct should cite the publication date and time constants in Tables 2.2–1 are intended direction of conservatism for the time page number of this Federal Register to indicate that the associated time constants constant for the rate-lag controller for the Steam Line Pressure-Negative Rate-High trip. notice. Written comments may also be are limiting values. The correction to the delivered to Room 6D22, Two White inequality in Table 3.3–4 is made to indicate The proposed changes to Technical the correct direction of conservatism for this Specification Tables 2.2–1 and 3.3–4 will Flint North, 11545 Rockville Pike, time constant. The treatment of the time ensure that the associated time constants will Rockville, Maryland, from 7:30 a.m. to constants as limiting values and the be calibrated in a manner that is consistent 4:15 p.m. Federal workdays. Copies of correction to Table 3.3–4 are consistent with with the Millstone Unit No. 3 setpoints written comments received may be the setpoints analysis for Millstone Unit No. analysis since the time constants will be examined at the NRC Public Document 3. No changes are made to the specific time treated as limits with a direction of Room, the Gelman Building, 2120 L constant values. Therefore, the changes will conservatism. Therefore, based on the nature of the changes, there is no adverse effect on Street, NW., Washington, DC. not increase the consequences of an accident The filing of requests for hearing and previously evaluated. the results of the FSAR [Final Safety Analysis Thus, the proposed changes will not Report] accident analysis and it is concluded petitions for leave to intervene is involve a significant increase in the that these changes are safe. Additionally, the discussed below. probability or consequences of an accident changes do not adversely effect any By July 17, 1996, the licensee may file previously evaluated. equipment credited in the safety analysis and a request for a hearing with respect to 2. Create the possibility of a new or do not effect the probability of occurrence of issuance of the amendment to the any plant accident. different kind of accident from any accident subject facility operating license and previously evaluated. The changes do not have any significant impact on the protective boundaries and any person whose interest may be The proposed Technical Specification affected by this proceeding and who changes will revise the mathematical there is no reduction in the margin of safety notations associated with the time constants as specified in the Technical Specifications. wishes to participate as a party in the in Tables 2.2–1 and 3.3–4. The proposed Thus, the proposed changes do not involve proceeding must file a written request changes do not modify the value of any time a significant reduction in a margin of safety. for a hearing and a petition for leave to constant. The NRC staff has reviewed the intervene. Requests for a hearing and a The proposed changes to Table 2.2–1 will licensee’s analysis and, based on this petition for leave to intervene shall be replace the current equalities with review, it appears that the three filed in accordance with the inequalities in order to indicate the direction standards of 10 CFR 50.92(c) are Commission’s ‘‘Rules of Practice for of conservatism for the time constants τ1, τ2, τ τ τ satisfied. Therefore, the NRC staff Domestic Licensing Proceedings’’ in 10 4, 5 and 7. These time constants are used CFR Part 2. Interested persons should in Note 1 and Note 3 for the Overtemperature proposes to determine that the [delta] T and Overpower [delta] T trips. amendment request involves no consult a current copy of 10 CFR 2.714 The proposed change to Table 3.3–4 will significant hazards consideration. which is available at the Commission’s revise the direction of the inequality from The Commission is seeking public Public Document Room, the Gelman ‘‘less than or equal to’’ to ‘‘greater than or comments on this proposed Building, 2120 L Street, NW., equal to’’ in order to indicate the correct determination. Any comments received Washington, DC, and at the local public direction of conservatism for the time within 30 days after the date of document room located at the Learning constant for the rate-lag controller for the publication of this notice will be Resources Center, Three Rivers Steam Line Pressure-Negative Rate-High trip. considered in making any final Community-Technical College, 574 New The proposed changes, regarding the London Turnpike, Norwich, treatment of time constants as limits, will determination. modify the operation of plant equipment, Normally, the Commission will not Connecticut, and the Waterford Library, specifically the Reactor Trip System and issue the amendment until the ATTN: Vince Juliano, 49 Rope Ferry engineered safety features actuation system expiration of the 30-day notice period. Road, Waterford, Connecticut. If a trips noted above. However, these changes However, should circumstances change request for a hearing or petition for regarding the treatment of time constants are during the notice period such that leave to intervene is filed by the above consistent with the existing Millstone Unit failure to act in a timely way would date, the Commission or an Atomic No. 3 setpoints analysis. result, for example, in derating or Safety and Licensing Board, designated Based on the nature of the changes, the shutdown of the facility, the by the Commission or by the Chairman changes do not introduce any new failure Commission may issue the license of the Atomic Safety and Licensing modes or malfunctions and do not create the potential for a new unanalyzed accident. amendment before the expiration of the Board Panel, will rule on the request Thus, the proposed changes do not create the 30-day notice period, provided that its and/or petition; and the Secretary or the possibility of a new or different kind of final determination is that the designated Atomic Safety and Licensing accident from any accident previously amendment involves no significant Board will issue a notice of hearing or evaluated. hazards consideration. The final an appropriate order. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30641

As required by 10 CFR 2.714, a participate fully in the conduct of the is available for public inspection at the petition for leave to intervene shall set hearing, including the opportunity to Commission’s Public Document Room, forth with particularity the interest of present evidence and cross-examine the Gelman Building, 2120 L Street, the petitioner in the proceeding, and witnesses. NW., Washington, DC, and at the local how that interest may be affected by the If a hearing is requested, the public document room located at the results of the proceeding. The petition Commission will make a final Learning Resources Center, Three Rivers should specifically explain the reasons determination on the issue of no Community-Technical College, 574 New why intervention should be permitted significant hazards consideration. The London Turnpike, Norwich, with particular reference to the final determination will serve to decide Connecticut, and the Waterford Library, following factors: (1) the nature of the when the hearing is held. ATTN: Vince Juliano, 49 Rope Ferry petitioner’s right under the Act to be If the final determination is that the Road, Waterford, Connecticut. made party to the proceeding; (2) the amendment request involves no significant hazards consideration, the Dated at Rockville, Maryland, this 12th day nature and extent of the petitioner’s of June 1996. property, financial, or other interest in Commission may issue the amendment For the Nuclear Regulatory Commission. the proceeding; and (3) the possible and make it immediately effective, effect of any order which may be notwithstanding the request for a Maudette Griggs, entered in the proceeding on the hearing. Any hearing held would take Project Manager, Northeast Utilities Project petitioner’s interest. The petition should place after issuance of the amendment. Directorate, Division of Reactor Projects—I/ II, Office of Nuclear Reactor Regulation. also identify the specific aspect(s) of the If the final determination is that the subject matter of the proceeding as to amendment request involves a [FR Doc. 96–15256 Filed 6–14–96; 8:45 am] which petitioner wishes to intervene. significant hazards consideration, any BILLING CODE 7590±01±P Any person who has filed a petition for hearing held would take place before leave to intervene or who has been the issuance of any amendment. [Docket Nos. 50±272 AND 50±311] admitted as a party may amend the A request for a hearing or a petition petition without requesting leave of the for leave to intervene must be filed with Public Service Electric & Gas Board up to 15 days prior to the first the Secretary of the Commission, U.S. Company; Notice of Consideration of prehearing conference scheduled in the Nuclear Regulatory Commission, Issuance of Amendments to Facility proceeding, but such an amended Washington, DC 20555–0001, Attention: Operating Licenses, Proposed No petition must satisfy the specificity Docketing and Services Branch, or may Significant Hazards Consideration requirements described above. be delivered to the Commission’s Public Determination, and Opportunity for a Not later than 15 days prior to the first Document Room, the Gelman Building, Hearing prehearing conference scheduled in the 2120 L Street, NW., Washington, DC, by proceeding, a petitioner shall file a the above date. Where petitions are filed The U.S. Nuclear Regulatory supplement to the petition to intervene during the last 10 days of the notice Commission (the Commission) is which must include a list of the period, it is requested that the petitioner considering issuance of amendments to contentions which are sought to be promptly so inform the Commission by Facility Operating License Nos. DPR–70 litigated in the matter. Each contention a toll-free telephone call to Western and DPR–75 issued to the Public Service must consist of a specific statement of Union at 1-(800) 248–5100 (in Missouri Electric & Gas Company (the licensee) the issue of law or fact to be raised or 1-(800) 342–6700). The Western Union for operation of the Salem Nuclear controverted. In addition, the petitioner operator should be given Datagram Generating Station, Units 1 and 2, shall provide a brief explanation of the Identification Number N1023 and the located in Salem County, New Jersey. bases of the contention and a concise following message addressed to Phillip The proposed amendments would statement of the alleged facts or expert F. McKee: petitioner’s name and make the following changes to the opinion which support the contention telephone number, date petition was Technical Specifications: (1) Revise the and on which the petitioner intends to mailed, plant name, and publication Reactor Vessel Level Indication System rely in proving the contention at the date and page number of this Federal (RVLIS) Action Statements to facilitate hearing. The petitioner must also Register notice. A copy of the petition actions necessary for channel testing to provide references to those specific should also be sent to the Office of the be performed in Mode 3; (2) revise the sources and documents of which the General Counsel, U.S. Nuclear Channel Calibration definition to better petitioner is aware and on which the Regulatory Commission, Washington, account for temperature detector petitioner intends to rely to establish DC 20555–0001, and to Lillian M. channel calibration methodology; and those facts or expert opinion. Petitioner Cuoco, Esq., Senior Nuclear Counsel, (3) delete a requirement to install a must provide sufficient information to Northeast Utilities Service Company, jumper in the Auxiliary Feedwater show that a genuine dispute exists with P.O. Box 270, Hartford, CT 06141–0270, actuation logic since a design change the applicant on a material issue of law attorney for the licensee. will result in the jumper function being or fact. Contentions shall be limited to Nontimely filings of petitions for performed by a relay. matters within the scope of the leave to intervene, amended petitions, Before issuance of the proposed amendment under consideration. The supplemental petitions and/or requests license amendments, the Commission contention must be one which, if for hearing will not be entertained will have made findings required by the proven, would entitle the petitioner to absent a determination by the Atomic Energy Act of 1954, as amended relief. A petitioner who fails to file such Commission, the presiding officer or the (the Act) and the Commission’s a supplement which satisfies these presiding Atomic Safety and Licensing regulations. requirements with respect to at least one Board that the petition and/or request The Commission has made a contention will not be permitted to should be granted based upon a proposed determination that the participate as a party. balancing of the factors specified in 10 amendment request involves no Those permitted to intervene become CFR 2.714(a)(1) (i)–(v) and 2.714(d). significant hazards consideration. Under parties to the proceeding, subject to any For further details with respect to this the Commission’s regulations in 10 CFR limitations in the order granting leave to action, see the application for 50.92, this means that operation of the intervene, and have the opportunity to amendment dated May 23, 1996, which facility in accordance with the proposed 30642 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices amendment would not (1) Involve a Since the RVLIS is a post-accident By July 17, 1996, the licensee may file significant increase in the probability or monitoring system that has no automatic a request for a hearing with respect to consequences of an accident previously initiation function, changing the AOT will issuance of the amendment to the have no significant impact on the margin of subject facility operating license and evaluated; or (2) create the possibility of safety provided by RVLIS. In addition, since a new or different kind of accident from there are independent, diverse indications of any person whose interest may be any accident previously evaluated; or inadequate core cooling available to the affected by this proceeding and who (3) involve a significant reduction in a operator, changing the AOT for RVLIS will wishes to participate as a party in the margin of safety. As required by 10 CFR not significantly reduce the margin of safety proceeding must file a written request 50.91(a), the licensee has provided its provided by the post-accident monitoring for a hearing and a petition for leave to analysis of the issue of no significant system. intervene. Requests for a hearing and a hazards consideration, which is The NRC staff has reviewed the petition for leave to intervene shall be presented below: licensee’s analysis and, based on this filed in accordance with the 1. The proposed change does not involve review, it appears that the three Commission’s ‘‘Rules of Practice for a significant increase in the probability or standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 consequences of an accident previously satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should evaluated. proposes to determine that the consult a current copy of 10 CFR 2.714 RVLIS is part of the safety-related display amendment request involves no which is available at the Commission’s instrumentation [Updated Final Safety significant hazards consideration. Public Document Room, the Gelman Ananlysis Report] UFSAR section 7.5. Its The Commission is seeking public Building, 2120 L Street, NW., function is to display information for the comments on this proposed Washington, DC, and at the local public operator ‘‘to enable him to perform required determination. Any comments received document room located at the Salem manual functions and to determine the effect within 30 days after the date of Free Public Library, 112 West of manual actions taken following a reactor trip due to operational occurrences or publication of this notice will be Broadway, Salem, New Jersey. If a accident conditions discussed in Section 15.’’ considered in making any final request for a hearing or petition for RVLIS performs no automatic functions determination. leave to intervene is filed by the above designed to mitigate the consequences of any Normally, the Commission will not date, the Commission or an Atomic accident. issue the amendment until the Safety and Licensing Board, designated Since no hardware changes are being made expiration of the 30-day notice period. by the Commission or by the Chairman by this proposal and since the RVLIS is a However, should circumstances change of the Atomic Safety and Licensing post-accident monitoring system, no increase during the notice period such that Board Panel, will rule on the request in the probability of any evaluated accident failure to act in a timely way would and/or petition; and the Secretary or the will occur as a result of implementation of result, for example, in derating or designated Atomic Safety and Licensing the proposed change. shutdown of the facility, the Other redundant, diverse instrumentation Board will issue a notice of hearing or is available to operators to indicate Commission may issue the license an appropriate order. inadequate core cooling. amendment before the expiration of the As required by 10 CFR 2.714, a Since RVLIS indication has limited use 30-day notice period, provided that its petition for leave to intervene shall set under normal conditions, performs no final determination is that the forth with particularity the interest of automatic function to mitigate an accident, amendment involves no significant the petitioner in the proceeding, and and since it is augmented during emergency hazards consideration. The final how that interest may be affected by the conditions by other independent indications determination will consider all public results of the proceeding. The petition of inadequate core cooling, its increased and State comments received. Should should specifically explain the reasons [allowed outage time] AOT does not involve the Commission take this action, it will why intervention should be permitted a significant increase in the probability or publish in the Federal Register a notice with particular reference to the consequences of an accident previously evaluated. of issuance and provide for opportunity following factors: (1) The nature of the 2. The proposed change does not create the for a hearing after issuance. The petitioner’s right under the Act to be possibility of a new or different kind of Commission expects that the need to made party to the proceeding; (2) the accident from any accident previously take this action will occur very nature and extent of the petitioner’s evaluated. infrequently. property, financial, or other interest in RVLIS is a Post Accident Monitoring Written comments may be submitted the proceeding; and (3) the possible System which does not initiate a transient or by mail to the Rules Review and effect of any order which may be initiate any mitigating function. RVLIS’s Directives Branch, Division of Freedom entered in the proceeding on the function is to assist the operator once an of Information and Publications petitioner’s interest. The petition should accident occurs. Services, Office of Administration, U.S. also identify the specific aspect(s) of the Since no hardware changes are being made by this proposal and since the RVLIS is Nuclear Regulatory Commission, subject matter of the proceeding as to utilized as a post-accident monitoring system Washington, DC 20555–0001, and which petitioner wishes to intervene. and is not considered a contributor to an should cite the publication date and Any person who has filed a petition for accident, implementation of the proposed page number of this Federal Register leave to intervene or who has been change does not create the possibility of a notice. Written comments may also be admitted as a party may amend the new or different kind of accident from any delivered to Room 6D22, Two White petition without requesting leave of the accident previously evaluated. Flint North, 11545 Rockville Pike, Board up to 15 days prior to the first 3. The proposed change does not involve Rockville, Maryland, from 7:30 a.m. to prehearing conference scheduled in the a significant reduction in a margin of safety. 4:15 p.m. Federal workdays. Copies of proceeding, but such an amended The proposed amendment to TS Table 3.3– written comments received may be petition must satisfy the specificity 11 will permit vendor recommended preventive maintenance-type activities to be examined at the NRC Public Document requirements described above. performed on RVLIS following startups from Room, the Gelman Building, 2120 L Not later than 15 days prior to the first extended outages. This will, potentially, Street, NW., Washington, DC. prehearing conference scheduled in the enhance RVLIS reliability and availability The filing of requests for hearing and proceeding, a petitioner shall file a and ensure that EOP [emergency operating petitions for leave to intervene is supplement to the petition to intervene procedure] data continues to be accurate. discussed below. which must include a list of the Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30643 contentions which are sought to be promptly so inform the Commission by suspended until the licensees have litigated in the matter. Each contention a toll-free telephone call to Western completed the actions requested by must consist of a specific statement of Union at 1-(800) 248–5100 (in Missouri Generic Letter 95–03. The Petitioner the issue of law or fact to be raised or 1-(800) 342–6700). The Western Union also requested that the U.S. Nuclear controverted. In addition, the petitioner operator should be given Datagram Regulatory Commission hold a public shall provide a brief explanation of the Identification Number N1023 and the meeting in the vicinity of the plant to bases of the contention and a concise following message addressed to John F. explain its response to this request. statement of the alleged facts or expert Stolz: petitioner’s name and telephone The Director, Office of Nuclear opinion which support the contention number, date petition was mailed, plant Reactor Regulation, has determined to and on which the petitioner intends to name, and publication date and page deny the Petition. The reasons for this rely in proving the contention at the number of this Federal Register notice. denial are explained in the ‘‘Director’s hearing. The petitioner must also A copy of the petition should also be Decision Pursuant to 10 CFR 2.206’’ provide references to those specific sent to the Office of the General (DD–96–06), the complete text of which sources and documents of which the Counsel, U.S. Nuclear Regulatory follows this notice, and is available for petitioner is aware and on which the Commission, Washington, DC 20555– public inspection at the Commission’s petitioner intends to rely to establish 0001, and to Mark J. Wetterhahn, Public Document Room, the Gelman those facts or expert opinion. Petitioner Esquire, Winstron and Strawn, 1400 L Building, 2120 L Street, NW., must provide sufficient information to Street, NW., Washington, DC 20005– Washington, D.C. show that a genuine dispute exists with 3502, attorney for the licensee. A copy of the Decision will be filed the applicant on a material issue of law Nontimely filings of petitions for with the Secretary of the Commission or fact. Contentions shall be limited to leave to intervene, amended petitions, for the Commission’s review in matters within the scope of the supplemental petitions and/or requests accordance with 10 CFR 2.206(c) of the amendment under consideration. The for hearing will not be entertained Commission’s regulations. As provided contention must be one which, if absent a determination by the by this regulation, the Decision will proven, would entitle the petitioner to Commission, the presiding officer or the constitute the final action of the relief. A petitioner who fails to file such presiding Atomic Safety and Licensing Commission 25 days after the date of a supplement which satisfies these Board that the petition and/or request issuance unless the Commission, on its requirements with respect to at least one should be granted based upon a own motion, institutes a review of the contention will not be permitted to balancing of the factors specified in 10 Decision within that time. participate as a party. CFR 2.714(a)(1) (i)–(v) and 2.714(d). Dated at Rockville, Maryland, this 10th day Those permitted to intervene become For further details with respect to this of June 1996. parties to the proceeding, subject to any action, see the application for For the Nuclear Regulatory Commission. limitations in the order granting leave to amendment dated May 31, 1996, which William T. Russell, intervene, and have the opportunity to is available for public inspection at the Director, Office of Nuclear Reactor participate fully in the conduct of the Commission’s Public Document Room, Regulation. hearing, including the opportunity to the Gelman Building, 2120 L Street, ATTACHMENT TO ISSUANCE OF present evidence and cross-examine NW., Washington, DC, and at the local witnesses. DIRECTOR'S DECISION UNDER 10 CFR public document room located at the 2.206±96±06 If a hearing is requested, the Salem Free Public Library, 112 West Commission will make a final Broadway, Salem, New Jersey. Director’s Decision Under 10 CFR 2.206 determination on the issue of no significant hazards consideration. The Dated at Rockville, Maryland, this 12th day I. Introduction final determination will serve to decide of June 1996. On May 18, 1995, Ms. Connie Hogarth when the hearing is held. For the Nuclear Regulatory Commission. (Petitioner) filed a Petition with the U.S. If the final determination is that the Leonard N. Olshan, Nuclear Regulatory Commission (NRC) amendment request involves no Senior Project Manager, Project Directorate pursuant to 10 CFR 2.206. The significant hazards consideration, the I–2, Division of Reactor Projects I/II, Office Petitioner requested that the operating Commission may issue the amendment of Nuclear Reactor Regulation. licenses for Indian Point Nuclear and make it immediately effective, [FR Doc. 96–15261 Filed 6–14–96; 8:45 am] Generating Units 2 and 3 be suspended notwithstanding the request for a BILLING CODE 7590±01±P until the licensees have completed the hearing. Any hearing held would take actions requested by Generic Letter (GL) place after issuance of the amendment. 95–03, ‘‘Circumferential Cracking of [Docket Nos. 50±247 and 50±286] If the final determination is that the Steam Generator Tubes.’’ The Petitioner amendment request involves a Consolidated Edison Company of New also requested that the NRC hold a significant hazards consideration, any York; Indian Point Nuclear Generating public meeting to explain its response to hearing held would take place before Units 2 and 3; Issuance of Director's the suspension request. the issuance of any amendment. Decision Under 10 CFR 2.206 The Petitioner stated that the impetus A request for a hearing or a petition for GL 95–03 was the discovery at the for leave to intervene must be filed with Notice is hereby given that the Maine Yankee plant of steam generator the Secretary of the Commission, U.S. Director, Office of Nuclear Reactor tube cracks that had previously gone Nuclear Regulatory Commission, Regulation, has taken action with regard undetected due to inadequate Washington, DC 20555–0001, Attention: to a Petition dated May 18, 1995, by Ms. inspection procedures. The Petitioner Docketing and Services Branch, or may Connie Hogarth (Petition for action also stated that while GL 95–03 calls for be delivered to the Commission’s Public under 10 CFR 2.206). The Petition comprehensive examination of steam Document Room, the Gelman Building, pertains to Indian Point Nuclear generator tubes, it appears to allow 2120 L Street, NW., Washington, DC, by Generating Units 2 and 3. licensees to postpone their evaluations the above date. Where petitions are filed In the Petition, the Petitioner until the next scheduled inspection. during the last 10 days of the notice requested that the operating licenses for On June 16, 1995, I informed the period, it is requested that the petitioner Indian Point Units 2 and 3 be Petitioner that the Petition had been 30644 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices referred to my office for preparation of sensitive to indications of analysis. In addition to the steam a Director’s Decision. I informed the circumferential cracking, identified 114 generator inspections required by their Petitioner that her request for immediate tubes with potential circumferential technical specifications, both Indian suspension of the operating licenses of crack indications; however, these may Point Nuclear Generating Units 2 and 3 Indian Point Nuclear Generating Units 2 actually have been closely spaced axial are required to monitor primary-to- and 3 was denied because the continued indications. Since the licensee could not secondary leakage to ensure that, in the operation of these units posed no undue conclusively determine that these 114 event that steam generator tubes begin risk to public health and safety. I further tubes did not contain indications of to leak, operators will be able to bring informed the Petitioner that her request circumferential cracks the worst case the plant to a depressurized condition for a public meeting to explain the was assumed, that is, that the before a tube ruptures. In addition, both denial of her request for license indications were in fact circumferential. units are required to implement suspension was denied, primarily The indications were logged as secondary water chemistry management because the NRC assessment of risk circumferential and all of these tubes programs that are designed to minimize associated with steam generator tube were removed from service before the steam generator tube corrosion. rupture events has already been unit was restarted. All of the logged The layers of protection that licensees articulated in public documents. circumferential indications were deep are required to implement make within the tubesheet. The fact that the multiple steam generator tube ruptures II. Discussion indications were all within the unlikely events. The NRC issued the The Petitioner requested that the tubesheet is significant since, if a results of its study of the risk and operating licenses for Indian Point circumferential failure were to occur at potential consequences of a range of Nuclear Generating Units 2 and 3 be this location, the structural strength lent steam generator tube rupture events in suspended until the licensees have to the tubes by the tubesheet would NUREG–0844, ‘‘NRC Integrated Program completed the actions required by GL reduce the amount of primary-to for the Resolution of Unresolved Safety 95–03. The Petitioner’s request appears secondary leakage. The licensee for Issues A–3, A–4, and A–5 Regarding to be based on her belief that without Indian Point Unit 2 will continue to use Steam Generator Tube Integrity’’ dated the immediate completion of the inspection techniques capable of September 1988. The staff estimated the requested actions of GL 95–03, the detecting circumferentially oriented risk contribution due to the potential for steam generators in Indian Point tube degradation. multiple steam generator tube ruptures. Nuclear Generating Units 2 and 3 could Because pitting corrosion had caused A combination of circumstances is be susceptible to one or more steam deterioration of the Indian Point Unit 3 required to produce such failures, generator tube ruptures brought about steam generators, they were replaced in specifically: (1) A main steam line break by existing circumferential cracks. 1989 with steam generators designed or other loss of secondary system Generic Letter 95–03 was issued on and fabricated to reduce the possibility integrity, (2) the existence of a large April 28, 1995, after Maine Yankee shut of corrosion-related problems; number of tubes susceptible to rupture down due to primary-to-secondary specifically, the new generators have in a particular steam generator, (3) the leakage through theretofore undetected tubes made of thermally treated Alloy failure of operators to take action to circumferential steam generator tube 690. Four other nuclear plants in the avoid high differential pressure, and (4) cracks. The generic letter was intended United States have thermally treated the actual simultaneous rupture of a to alert licensees to the importance of Alloy 690 tubes and to date neither large number of tubes. In the NUREG– performing steam generator inspections Indian Point Unit 3 nor any of the other 0844 assessment, the staff concluded with equipment capable of detecting four units have experienced tube cracks. that the probability of simultaneous degeneration to which the steam Circumferential cracking of steam multiple tube failure was small generator tubes are susceptible. GL–95– generator tubes is accompanied by other (approximately 10¥5), and the risk 03 requested three actions of licensees forms of tube degradation that are resulting from releases during steam of pressurized water reactors. It readily detected by bobbin coil generator tube ruptures with loss of requested (1) that they evaluate their inspections. Since the bobbin coil secondary system integrity was also operating experience to determine inspections at Indian Point 3 have small. whether or not they could have a detected no service induced tube circumferential cracking problem, (2) degradation, the staff has concluded that III. Conclusion that based on this evaluation they Indian Point 3 does not have a Based on the facts that (1) adequate develop a safety assessment justifying circumferential tube cracking problem. steam generator tube inspections have continued operation until the next Indian Point 3 has not yet experienced been performed at both Indian Point scheduled steam generator tube steam generator tube degradation; Nuclear Generating Units 2 and 3, (2) inspection, and (3) that they develop a nevertheless, the licensee has Unit 2 steam generator tubes that plan for inspecting for circumferential committed to performing an augmented showed signs of circumferential cracking during the next steam inspection for indications of cracking have been removed from generator tube inspection. circumferential cracking during the next service, (3) Unit 3 steam generator tubes Stress corrosion cracking of the Indian scheduled steam generator inspection. show no sign of service induced Point Unit 2 steam generator tubes was Unit 3 is currently operating and this corrosion, (4) Items (1), (2), and (3) first detected during the 1993 refueling inspection is required by May 1997. above collectively constitute an outage. During the 1995 refueling outage The requirements placed on licensees acceptable response to the requested Unit 2 conducted a steam generator to ensure steam generator tube integrity actions of GL–95–03 for both units, (5) inspection as required by their technical go beyond the requested actions of GL– operational limits are placed on primary specifications; this inspection included 95–03. Steam generator tube to secondary leakage, (6) the risk of a complete examination of all areas degradation is dealt with through a multiple steam generator tube rupture deemed most susceptible to combination of inservice inspection, events is small, and (7) the NRC circumferential cracking. This tube plugging and repair criteria, assessment of risk associated with steam inspection, which used enhanced primary-to-secondary leak rate generator tube rupture events has techniques and eddy current probes monitoring, and water chemistry already been articulated in public Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30645 documents (NUREG–0844 and GL 95– For copies of this proposal, contact of Executive Order 12984 (61 FR 246).) 03), I have concluded that neither the Jim Farron on (202) 418–3208, or E-mail The publication of this notice satisfies suspension of the licenses of Indian to [email protected] the requirement in section 5(b) of Point Nuclear Generating Units 2 and 3 DATES: Comments on this proposal Executive Order 12984 that OPM nor the holding of a public meeting to should be received by August 16, 1996. publish appropriate notice of the 1996 explain this decision is warranted. ADDRESSES: Send or deliver comments locality payments in the Federal The Petitioner’s request for action to—Victor C. Roy, Chief, Eligibility Register. pursuant to 10 CFR 2.206 is denied. As Division, Retirement and Insurance Locality payments are authorized for provided in 10 CFR 2.206(c), a copy of Service, U.S. Office of Personnel General Schedule employees under 5 the Decision will be filed with the Management, 1900 E Street, NW., Room U.S.C. 5304 and 5304a. They apply in Secretary of the Commission for the 2342, Washington, DC 20415. the 48 contiguous States and the District Commission’s review. This Decision of Columbia. In 1996, there are 27 will constitute the final action of the FOR INFORMATION REGARDING separate locality pay areas with locality ADMINISTRATIVE COORDINATION CONTACT: Commission 25 days after issuance payments ranging from 4.13 to 9.40 Mary Beth Smith-Toomey, Management unless the Commission, on its own percent. These 1996 locality pay Services Division, (202) 606–0623. motion, institutes a review of the percentages, which replaced the lower Decision within that time. U.S. Office of Personnel Management. locality pay percentages that were Dated at Rockville, Maryland, this 10th day Lorraine A. Green, applicable in 1995, became effective on of June 1996. Deputy Director. the first day of the first applicable pay For the Nuclear Regulatory Commission. [FR Doc. 96–15215 Filed 6–14–96; 8:45 am] period beginning on or after January 1, William T. Russell, BILLING CODE 6325±01±M 1996. An employee’s locality-adjusted annual rate of pay is computed by Director, Office of Nuclear Reactor Regulation. increasing his of her scheduled annual rate of basic pay (as defined in 5 U.S.C. [FR Doc. 96–15262 Filed 6–14–96; 8:45 am] January 1996 Pay Adjustments 5302 (8) and 5 CFR 531.602) by the BILLING CODE 7590±01±P AGENCY: Office of Personnel applicable locality pay percentage. (See Management. 5 CFR 531.604 and 531.605.) ACTION: Notice. On December 8, 1995, the Director of OFFICE OF PERSONNEL the Office of Personnel Management SUMMARY: MANAGEMENT The rates of basic pay and (OPM), on behalf of the President’s Pay locality payments for certain categories Agent, extended the 1996 locality-based Proposed Collection; Comment of Federal employees were adjusted in comparability payments to the same Request Review of a Revised January 1996, as authorized by the Governmentwide and single-agency Information Collection RI 30±2, RI 30± President. This notice documents those categories of non-GS employees that 44 pay adjustments for the public record. were authorized to receive the 1995 AGENCY: Office of Personnel FOR FURTHER INFORMATION CONTACT: locality payments. The Management. Brenda Roberts, Office of Compensation Governmentwide categories include Policy, Human Resources Systems ACTION: Notice. members of the Senior Executive Service, Office of Personnel Service, the Foreign Service, and the SUMMARY: In accordance with the Management, (202) 606–2858 or FAX Senior Foreign Service; employees in Paperwork Reduction Act of 1995 (202) 606–4264. senior-level (SL) and scientific or (Public Law 104–13, May 22, 1995), this SUPPLEMENTARY INFORMATION: On August professional (ST) positions; notice announces that the Office of 31, 1995, the President issued an administrative law judges; and Contract Personnel Management will be alternative plan under the authority of Appeals Board members. submitting to the Office of Management 5 U.S.C. 5303 and 5304a. The Schedule 4 of Executive Order 12984 and Budget a request for clearance of a alternative plan set forth the January reflected a decision by the President to revised information collection. RI 30–2, 1996 pay adjustments for General increase the rates of basic pay for Annuitant’s Report of Earned Income, is Schedule (GS) employees, including a 2- members of the Senior Executive used annually to determine if disability percent adjustment in GS rates of basic Service by 2 percent at levels ES–1 retirees under age 60 have earned pay and various adjustments in locality through ES–5. The rate for ES–6 remains income which will result in the payments in the 48 contiguous States unchanged, since it cannot exceed the termination of their annuity benefits. and the District of Columbia. rate for level IV of the Executive Beginning with the 1995 information On December 28, 1995, the President Schedule, which remains unchanged. collection, only annuitants who have signed Executive Order 12984 (61 FR (Public Law 104–52, November 19, qualifying earned income are required 237). This order implemented increases 1995, provided that there would be no to respond. RI 30–44, Annuitant’s in rates of basic pay for various increase in the rates of basic pay for the Report of Income-Followup, is sent to categories of Federal employees Executive Schedule. See Schedule 5 of annuitants whose returned RI 30–2 effective on the first day of the first Executive Order 12984.) forms are unusable or damaged. applicable pay period beginning on or Although not specifically addressed We estimate 21,000 RI 30–2 forms and after January 1, 1996. The 1996 General in Executive Order 12984, rates of basic 260 RI 30–44 forms are completed Schedule, reflecting the 2-percent pay for certain other Governmentwide annually. The RI 30–2 takes general increase approved by the categories of employees were also approximately 35 minutes to complete President, was published in Schedule 1 adjusted in January 1996. The minimum for an estimated annual burden of of Executive Order 12984. rate of basic pay for senior-level (SL) 12,250 hours. The RI 30–44 takes Executive Order 12984 also included and scientific or professional (ST) approximately 5 minutes to complete the percentage amounts of the 1996 positions increased by 2 percent (to for an estimated annual burden of 22 locality payments as established by the $83,160) because it is calculated as a hours. The total annual estimated President’s alternative plan of August percentage of the minimum rate of basic burden is 12,272 hours. 31, 1995. (See section 5 and schedule 9 pay for GS–15 of the General Schedule. 30646 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

The maximum rate of basic pay for SL been reauthorized on a retroactive basis ACTION: Notice of initiation of and ST positions remains unchanged if there has been a period of suspension, investigation; request for written because it is linked to level IV of the and duties on properly entered goods comments. Executive Schedule ($115,700), which have been refunded by the U.S. Customs remains unchanged. Rates of basic pay Service. However, the public is hereby SUMMARY: The United States Trade for administrative law judges and notified that, should the GSP program Representative (USTR) has initiated an Contract Appeals Board members be reauthorized, a Presidential investigation under section 302(b)(1) of remain unchanged in 1996 because Proclamation suspending certain the Trade Act of 1974, as amended (the these rates are calculated as a Pakistani GSP benefits will be made Trade Act) (19 U.S.C. 2412(b)(1)), with percentage of the rate for level IV of the retroactive to the effective date of this respect to certain acts, policies and Executive Schedule, which remains notice. Duties on the below listed practices of the Government of Turkey unchanged. Pakistani products will not be refunded that may result in the discriminatory OPM has published ‘‘Salary Table No. if the products are entered, or treatment of U.S. films in Turkey. The 96’’ (OPM Doc. 124–48–6, January withdrawn from warehouse, for United States alleges that these acts, 1996), which provides complete salary consumption on or after the effective policies and practices are inconsistent tables incorporating the 1996 pay date of this notice. with the General Agreement on Tariffs and Trade 1994 (GATT 1994), adjustments, information on general pay The Pakistani products involved are: administration matters, locality pay area administered by the World Trade definitions, Internal Revenue Service Organization (WTO). USTR invites HTSUS Item (Terms below are for de- withholding tables, and other related scriptive purposes only.) written comments from the public on information. The rates of pay shown in the matters being investigated. ‘‘Salary Table No. 96’’ are the official 9018.90.80 Surgical instruments. DATES: This investigation was initiated 4203.21.80 Gloves, mittens, etc., of leath- rates of pay for affected employees and on June 12, 1996. Written comments er, design for sports. from the public are due on or before are hereby incorporated as part of this 9506.62.80 Inflatable balls, excluding foot- notice. Copies of ‘‘Salary Table No. 96’’ balls or soccer balls. noon on Monday, July 22, 1996. can be purchased from the Government 4203.21.60 Ski or snowmobile gloves, mit- ADDRESSES: Office of the United States Printing Office by calling (202) 512– tens, etc. Trade Representative, 600 17th Street, 1800. In addition, individual pay 9506.91.00 Articles or equipment for exer- NW., Washington, DC 20508. schedules can be downloaded directly cise. FOR FURTHER INFORMATION CONTACT: from OPM’s electronic bulletin boards. 4203.21.20 Batting gloves. Joseph Papovich, Deputy Assistant For instructions, please contact Denise 3926.20.30 Gloves designed for use in sports, of plastics. USTR for Intellectual Property, (202) Jenkins by calling (202) 606–2900. 4203.21.55 Cross-country ski gloves, mit- 395–6864, or Thomas Robertson, U.S. Office of Personnel Management. tens, etc. Associate General Counsel, (202) 395– James B. King, 5701.10.13 Carpets. 6800. 5702.10.10 Carpets. Director. SUPPLEMENTARY INFORMATION: Section 5702.91.20 Carpets. [FR Doc. 96–15216 Filed 6–14–96; 8:45 am] 302(b)(1) of the Trade Act authorizes the 5805.00.20 Carpets. USTR to initiate an investigation under BILLING CODE 6301±01±M 6304.99.10 Carpets. chapter 1 of Title III of the Trade Act 6304.99.40 Carpets. (commonly referred to as ‘‘section 301’’) with respect to any matter in order to OFFICE OF THE UNITED STATES EFFECTIVE DATE: July 1, 1996. determine whether the matter is TRADE REPRESENTATIVE ADDRESSES: Office of the U.S. Trade actionable under section 301. Matters Retroactive Suspension of Certain Representative, 600 17th Street, NW., actionable under section 301 include, Generalized System of Preference Washington, DC 20508. inter alia, the denial of rights of the United States under a trade agreement, Benefits for Pakistan FOR FURTHER INFORMATION CONTACT: or acts, policies, and practices of a AGENCY: Office of the United States Jon Rosenbaum, Assistant USTR for foreign country that violate or are Trade Representative. Trade and Development, Office of the inconsistent with the provisions of, or U.S. Trade Representative, 600 17th ACTION: Notice. otherwise deny benefits to the United Street, NW., Washington, (202) 395– States under, any trade agreement. SUMMARY: On November 6, 1995, the 6971. On June 12, 1996, having consulted Office of the United States Trade Jennifer A. Hillman, with the appropriate private sector Representative published a notice in the General Counsel. advisory committees, the USTR Federal Register providing an [FR Doc. 96–14251 Filed 6–14–96; 8:45 am] determined that an investigation should opportunity for the public to comment BILLING CODE 3190±01±M be initiated to determine whether on a proposal to suspend certain certain laws and regulations of Turkey Generalized System of Preferences affecting the taxation of box office (GSP) benefits for Pakistan. A press [Docket No. 301±106] revenues generated from the showing of release was issued on March 7, 1996, foreign-origin films are actionable under announcing the U.S. Trade Initiation of Section 302 Investigation section 301(a). Turkey’s Law on Representative’s decision to recommend and Request for Public Comment: Municipal Revenues (Law No. 2464) to the President the partial GSP Practices of the Government of Turkey imposes a 25% municipality tax on box suspension of Pakistan. Regarding the Imposition of a office revenues generated from the In order to put this recommendation Discriminatory Tax on Box Office showing of foreign films, but not the into effect a Presidential Proclamation is Revenues revenue generated from the showing of necessary. This cannot be done until domestic films. Current information is and unless the GSP program is AGENCY: Office of the United States that the revenues are allocated to reauthorized. In the past the GSP has Trade Representative. municipal coffers for general use. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30647

Article III of the GATT 1994 provides, U.S. Trade Representative, 600 17th 848 of the Internal Revenue Code of among other things, that the products of Street, NW, Washington, D.C. 20508. 1986, as amended. the territory of one WTO member Comment will be placed in a file FILING DATE: The application was filed imported into the territory of another (Docket 301–106) open to public on October 30, 1995. An amended WTO member shall not be subject to inspection pursuant to 15 CFR 2006.13, application was filed on May 29, 1996. internal taxes or other charges of any except confidential business HEARING OR NOTIFICATION OF HEARING: An kind in excess of those applied, directly information exempt from public order granting the application will be or indirectly, to like domestic products. inspection in accordance with 15 CFR WTO members are also prohibited from 2006.15. Confidential business issued unless the Commission orders a applying internal taxes or internal information submitted in accordance hearing. Interested persons may request charges to imported or domestic with 15 CFR 2006.15 must be clearly a hearing on this application by writing products so as to afford protection to marked ‘‘BUSINESS CONFIDENTIAL’’ to the Secretary of the Commission and domestic production. Turkey’s in a contrasting color ink at the top of serving Applicants with a copy of the imposition of a tax on box office each page on each of 20 copies, and request, personally or by mail. Hearing revenues that is applied only to must be accompanied by a requests must be received by the revenues generated by foreign films, and nonconfidential summary of the commission by 5:30 p.m. on July 8, not to revenues generated by domestic confidential information. The 1996, and should be accompanied by films, would appear to be inconsistent nonconfidential summary shall be proof of service on Applicants in the with the obligations set forth in Article placed in the file that is open to public form of an affidavit or, for lawyers, by III of the GATT 1994. inspection. An appointment to review certificate. Hearing requests should state the nature of the interest, the reason for Investigation and Consultations the docket (Docket No. 301–106) may be made by calling Brenda Webb (202) the request, and the issues contested. As required in section 303(a) of the 395–6186. The USTR Reading Room is Persons may request notification of a Trade Act, the USTR has requested open to the public from 10:00 a.m. to 12 hearing by writing to the Secretary of consultations with the Government of noon and 1:00 p.m. to 4:00 p.m., the Commission. Turkey regarding the issues under Monday through Friday, and is located ADDRESSES: Secretary, SEC, 450 Fifth investigation. The request was made in Room 101. Street, N.W., Washington, DC 20549. pursuant to Article 4 of the WTO Irving A. Williamson, Applicants, c/o Scott K. Richardson, Understanding on Rules and Procedures Chairman, Section 301 Committee. Esq., Assistant Counsel, ITT Hartford Governing the Settlement of Disputes Life Insurance Companies, P.O. Box [FR Doc. 96–15306 Filed 6–14–96; 8:45 am] (DSU) and Article XXII of the GATT 2999, Hartford, CT 06104–2999. 1994. If the consultations do not result BILLING CODE 3190±01±M FOR FURTHER INFORMATION CONTACT: in a satisfactory resolution of the matter, Patrice M. Pitts, Special Counsel, Office the USTR will request the establishment of Insurance Products (Division of of a panel pursuant to Article 6 of the SECURITIES AND EXCHANGE Investment Management) at (202) 942– DSU. COMMISSION 0670. Under section 304 of the Trade Act, [Rel. No. IC±22012; File No. 812±9954±01] the USTR must determine within 18 SUPPLEMENTARY INFORMATION: Following months after the date on which this ITT Hartford Life and Annuity is a summary of the application. The investigation was initiated, or within 30 Insurance Company, et al. complete application is available for a days after the conclusion of WTO fee from the Public Reference Branch of dispute settlement procedures, June 11, 1996. the Commission. AGENCY: Securities and Exchange whichever is earlier, whether any act, Applicants’ Representations policy, or practice or denial of trade Commission (‘‘SEC’’ or ‘‘Commission’’). agreement rights described in section ACTION: Notice of Application for an 1. ILA is a stock life insurance 301 of the Trade Act exists and, if that Order under the Investment Company company engaged in the business of determination is affirmative, the USTR Act of 1940 (‘‘1940 Act’’). writing both individual and group life must determine what action, if any, to insurance and annuity policies in the APPLICANTS: take under section 301 of the Trade Act. ITT Hartford Life and District of Columbia and in all states Annuity Insurance Company (‘‘ILA’’), except New York. ILA was Public Comment: Requirements for ICMG Registered Variable Life Separate redomesticated from Wisconsin to Submissions Account One (‘‘Separate Account’’), and Connecticut on May 1, 1996. ILA is a Interested persons are invited to Hartford Equity Sales Company wholly-owned subsidiary of Hartford submit written comments concerning (‘‘HESCO’’). Life Insurance Company. the acts, policies and practices of RELEVANT 1940 ACT SECTIONS: Order 2. The Separate Account was Turkey which are the subject of this requested under Section 6(c) of the 1940 established by ILA under the laws of the investigation, the amount of burden or Act granting exemptions from Section state of Connecticut, and is registered as restriction on U.S. commerce caused by 27(c)(2) of the 1940 Act and Rule 6e– a unit investment trust under the 1940 these acts, policies and practices, and 3(T)(c)(4)(v) thereunder. Act. The assets of the Separate Account the determinations required under SUMMARY OF APPLICATION: Applicants are not chargeable with liabilities section 304 of the Trade Act. Comments request an order permitting the Separate arising out of any other business which must be filed in accordance with the Account and other separate accounts ILA may conduct. Income and realized requirements set forth in 15 CFR established in the future by ILA to and unrealized capital gains and losses 2006.8(b) (55 FR 20593) and must be support certain group flexible premium of the Separate Account will be credited filed on or before noon on Monday, July variable life insurance policies to to the Separate Account without regard 22, 1996. Comments must be in English deduct from premium payments an to any of ILA’s other income or realized and provided in twenty copies to: Sybia amount that is reasonably related to the and unrealized capital gains and losses, Harrison, Staff Assistant to the Section increased federal tax burden of ILA or the income, gains and losses of other 301 Committee, Room 223, Office of the resulting from the application of Section ILA separate investment accounts. 30648 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

3. The Separate Account presently burden related to deferred acquisition The same is not true for federal income consists of twelve investment divisions, costs (‘‘tax burden charge’’) will be taxes. Therefore, to offset fully the each of which invests exclusively in the applied are/will be among the specified impact of Section 848, ILA must impose shares of investment options available contracts. They fall/will fall into the an additional charge that would make it through seven open-end management category of life insurance contracts whole not only for the $95.63 additional investment companies. under Section 848 for which 7.7% of net tax burden attributable to Section 848, 4. In the future, the board of directors premiums received must be capitalized but also for the tax on the additional of ILA may establish other separate and amortized. $95.63 itself. This additional charge can accounts (‘‘Future Accounts’’) which 10. The increased tax burden resulting be computed by dividing $95.63 by the may serve as funding vehicles for other from the application of Section 848 may complement of the 35% federal variable life insurance policies issued be quantified as follows. For each corporate income tax rate (i.e., 65%), by ILA. The Future Accounts will be $10,000 of net premiums received by resulting in an additional charge of organized as unit investment trusts, and ILA under the Policies, ILA may $147.12 for each $10,000 of net will file registration statements under capitalize $770.00 (i.e., 7.7% of premiums, or 1.47% of net premiums. the 1940 Act and the Securities Act of $10,000). $38.50 of that amount may be 14. Based on its prior experience, ILA 1933. deducted in the current year, leaving expects that all of its current and future 5. HESCO will serve as the principal $731.50 (i.e., $770 minus $38.50) deductions will be fully taken. ILA underwriter for certain group flexible subject to taxation at the corporate tax submits that a charge of 1.25% of net premium variable life insurance policies rate of 35 percent. This works out to an premium payments would reimburse it (‘‘Policies’’) and any other variable life increase in tax for the current year of for the impact of Section 848, taking insurance policies (‘‘Future Policies’’) $256.03 (i.e., 0.35 × $731.50). This into account the benefit to ILA of the issued in the future by ILA through the increased federal income tax burden amortization permitted by Section 848 Separate Account or Future Accounts. will be partially offset by deductions and the use by ILA of a discount rate of HESCO is registered as a broker-dealer allowed during the next ten years as a 10% (which is equivalent to its targeted under the Securities Exchange Act of result of amortizing the remainder of the rate of return) in computing the future 1934, and is a member of the National $770—$77 in each of the following nine deductions resulting from such Association of Securities Dealers. years, and $38.50 in year ten. amortization. 6. In 1990, Congress amended the 11. To the extent that capital must be Internal Revenue Code of 1986 (‘‘Code’’) used by ILA to satisfy its increased tax Applicants’ Legal Analysis by, among other things, enacting Section burden under Section 848, such profits 1. Section 6(c) of the 1940 Act 848 thereof. Section 848 changed the are not available to ILA for investment. provides, in pertinent part, that the federal income taxation of life insurance ILA submits that the cost of capital used Commission, by order upon application, companies by requiring them to to satisfy its increased federal income may exempt any person, security or capitalize and amortize over a period of tax burden under Section 848 is, in transaction (or any class or classes of ten years part of their general expenses essence, its targeted rate of return on persons, securities or transactions) from for the current year. Under prior law, invested capital. Because ILA seeks a provisions of the 1940 Act or any rules those expenses were deductible in full targeted rate of return on its invested thereunder, if and to the extent that the from the gross income of the current capital of 10 percent,1 ILA submits that exemption is necessary or appropriate year. a discount rate of 10% is appropriate for in the public interest and consistent 7. The amount of expenses that must use in calculating the present value of with the protection of investors and the be capitalized and amortized under its future tax deductions resulting from purposes fairly intended by the policy Section 848 generally is determined the amortization described above. and provisions of the 1940 Act. with reference to premiums for certain 12. Using a corporate tax rate of 35 2. Applicants request an order of the categories of life insurance contracts percent, and assuming a discount rate of Commission pursuant to Section 6(c) (‘‘specified contracts’’). More 10 percent, the present value of the exempting them from the provisions of specifically, an amount of expenses federal income tax effect of the Section 27(c)(2) of the 1940 Act and equal to a percentage of the premiums increased deductions allowable in the Rule 6e–3(T)(c)(4)(v) thereunder to for the current year (i.e., gross premiums following ten years is $160.40. Because permit ILA to deduct from premium minus return premiums and reinsurance this amount partially offsets the payments received in connection with premiums) must be capitalized and increased tax burden, Section 848 Policies and Future Policies an amount amortized for each specified contract. imposes an increased tax burden on ILA that is reasonable in relation in ILA’s The percentage varies, depending upon equal to a present value of $95.63 increased federal income tax burden the type of specified contract in ($56.03 minus $160.40) for each $10,000 related to the receipt of such premiums. question, in accordance with a schedule of net premiums received under the Applicants further request an exemption set forth in Section 848. Policies. from Rule 6e–3(T)(c)(4)(v) to permit the 8. In effect, Section 848 accelerates 13. ILA does not incur incremental proposed deductions to be treated as the realization of income from certain federal income tax when it passes on other than ‘‘sale load’’ for the purposes insurance contracts and, accordingly, state premium taxes to contract owners of Section 27 of the 1940 Act and the the payment of taxes on the income because premium taxes are deductible exemptions from various provisions of generated by those contracts. Taking when computing federal income taxes. that Section found in Rule 6e– into account the time value of money, 3(T)(b)(13) under the 1940 Act. Section 848 increases the tax burden of 1 In determining the targeted rate of return on 3. Section 27(c)(2) of the 1940 Act invested capital used in arriving at this discount prohibits the sale of periodic payment an insurance company because the rate, ILA first identified a reasonable risk-free rate amount of general expenses that must be of return that can be expected to be earned over the plan certificates unless the proceeds of capitalized and amortized is measured long term. ILA then determined the premium it all payments (excepts such amounts as by the premiums received under certain needs to earn over that risk-free rate of return are deducted for sales load) are held because of the nature of the products it sells. under an indenture or agreement insurance contracts. Applicants represent that such factors are 9. The Policies and Future Policies to appropriate to consider in determining ILA’s containing in substance the provisions which a charge for the federal tax targeted rate of return on invested capital. required by Sections 26(a)(2) and Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30649

26(a)(3) of the 1940 Act. Sections commissions or other distribution Act not already addressed in this 27(a)(1) and 27(h)(1), in effect, limit expenses. Applicants assert that the request for exemptive relief. sales load on periodic payment plan Commission has concurred in this 13. Applicants submit that the certificates to 9% of total payments. conclusion by excluding deductions for requested relief would promote 4. Certain provisions of Rule 6e–3(T) state premium taxes from the Rule 6e– competitiveness in the variable life provide a range of exemptive relief for 3(T)(c)(4) definition of ‘‘sales load.’’ insurance market by eliminating the the offering of flexible premium variable 8. Applicants submit that Rule 6e– need for them to file redundant life insurance policies such as the 3(T)(c)(4) tailors the general terms of exemptive applications, thereby Policies and Future Policies. For Section 2(a)(35) of the 1940 Act to reducing ILA’s administrative expenses example, subject to certain conditions, variable life insurance contracts. and maximizing efficient use of its Rule 6e–3(T)(b)(13)(iii) provides Applicants further submit that, just as resources. Applicants further submit exemptions from Section 27(c)(2) that the percentage limits of Sections that the delay and expense involved in include permitting the payment of 27(a)(1) and 27(h)(1) depend on the having to seek exemptive relief certain administrative fees and definition of ‘‘sales load’’ in Section repeatedly would impair ILA’s ability to expenses, the deduction of a charge for 2(a)(35) for their efficacy, the percentage take advantage of business opportunities certain mortality and expense risks, and limits in Rule 6e–3(T)(b)(13)(i) depend as they arise. Moreover, if Applicants ‘‘[t]he deduction of premium taxes on Rule 6e–3(T)(c)(4). Applicants were required to seek exemptive relief imposed by any state or other submit that Rule 6e–3(T)(c)(4) does not repeatedly with respect to the issues governmental entity.’’ depart, in principal, from Section addressed in this application, investors 5. Rule 6e–3(T)(c)(4) defines ‘‘sales 2(a)(35). would not receive any benefit or load’’ charged during a contract period 9. Applicants assert that Section additional protection thereby, and might as the excess of any payments made 2(a)(35) excludes from ‘‘sales load’’ be disadvantaged as a result of increased during the period over the sum of expenses or fees ‘‘not properly overhead expenses for ILA. For these certain specified charges and chargeable to sales or promotional reasons, Applicants assert that the adjustments, including ‘‘[a] deduction activities.’’ Because the proposed tax requested relief is appropriate in the for and approximately equal to state burden charge will be used to public interest and consistent with the premium taxes[.]’’ Applicants submit compensate ILA for its increased federal protection of investors. that the proposed tax burden charge is tax burden attributable to the receipt of akin to a state premium tax charge in premiums, and such cost is not properly Conditions for Relief that it is an appropriate charge related chargeable to sales or promotional Applicants agree to comply with the to ILA’s tax burden attributable to activities, Applicants submit that not following conditions for relief. premiums received under the Policies treating the proposed tax burden charge 1. ILA will monitor the and Future Policies. as sales load is consistent with the reasonableness of the tax burden charge. 6. Applicants represent that the policies of the 1940 Act. 2. The registration statement for the requested exemptions from Rule 6e– 10. Applicants further assert that Policies and Future Policies under 3(T)(c)(4)(v) are necessary in connection Section 2(a)(35) excludes from the which the tax burden charge is with Applicants’ reliance on certain definition of ‘‘sales load’’ deductions for deducted will: (a) disclose the charge; provisions of Rule 6e–3(T)(b)(13), premiums for ‘‘issue taxes.’’ Applicants (b) explain the purpose of the charge; particularly on subparagraph (b)(13)(i), submit that the exclusion of charges for and (c) state that the charge is which provides exemptions from expenses attributable to federal taxes reasonable in relation to ILA’s increased Sections 27(a)(1) and 27(h)(1) of the from sales load (as defined in Section federal tax burden under Section 848 1940 Act. Issuers and their affiliates 2(a)(35)) is consistent with the policies resulting from the receipt of premiums. may rely on Rule 6e–3(T)(b)(13)(i) if of the 1940 Act. By extension, 3. The registration statement for any they meet the Rule’s alternative Applicants submit, it is equally Policies of Future Policies under which limitations on ‘‘sales load,’’ as defined consistent to exclude such charges, a tax burden charge is deducted will in Rule 6e–3(T)(c)(4). Applicants including the proposed tax burden contain as an exhibit an actuarial acknowledge that a deduction for an charge, from the definition of ‘‘sales opinion as to: (a) the reasonableness of insurance company’s increased federal load’’ in Rule 6e–3(T)(c)(4). the charge in relation to ILA’s increased tax burden does not fall squarely within 11. For these reasons, Applicants federal tax burden under Section 848 any of the specified charges or submit that deducting a charge from resulting from the receipt of premiums; adjustments which are excluded from variable life insurance contract (b) the reasonableness of the targeted the definition of ‘‘sales load’’ in Rule premium payments for an insurer’s tax rate of return used in calculating such 6e–3(T)(c)(4). Nevertheless, Applicants burdens attributable to its receipt of charge; and (c) the appropriateness of submit that there is no public policy such payments, and excluding that the factors taken into account by ILA in reason for treating such increased charge from sales load, is consistent determining the targeted rate of return. federal tax burden as sales load. with the policies of the 1940 Act. 7. Applicants assert that the public Applicants assert that this is because Conclusion policy which underlies Rule 6e– such a deduction is an appropriate For the reasons and upon the facts set 3T(b)(13)(i), like that which underlies charge related to the insurer’s tax forth above, Applicants submit that the Sections 27(a)(1) and 27(h)(1), is to burden attributable to the premium requested exemptions from Section prevent excessive sales loads from being payments received. 27(c)(2) of the 1940 Act and Rule 6e– charged in connection with the sale of 12. Applicants seek the relief 3(T)(c)(4)(v) thereunder—to permit the periodic payment plan certificates. requested herein with respect to the deduction of 1.25% of premium Applicants submit that the treatment of Policies and Future Policies. Without payments under the Policies and any a federal income tax charge attributable the requested relief, ILA would have to Future Policies—would be appropriate to premium payments as sales load request and obtain exemptive relief for in the public interest and consistent would in no way further this legislative each Future Contract to be issued. Such with the protection of investors and the purpose because such a deduction bears additional requests for exemptive relief purposes fairly intended by the policy no relation to the payment of sales would present no issues under the 1940 and provisions of the 1940 Act. 30650 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

For the Commission, by the Division of make related changes to OCC’s Rules, been anticipated when the Second Investment Management, by delegated primarily to Rule 601, which sets forth Restated Agreements were originally authority. the calculation of margin requirements proposed. The Second Restated Margaret H. McFarland, for equity options, and to make related Agreements never became effective. Deputy Secretary. changes in NSCC’s clearing fund OCC and NSCC now propose to make [FR Doc. 96–15275 Filed 6–14–96; 8:45 am] formula in order to exclude from the effective the Third Restated Agreement BILLING CODE 8010±01±M clearing fund calculation trades for executed by them. The Third Restated which NSCC has protection under the Agreement will become effective upon terms of the Third Restated Agreement. approval by the Commission of the [Release No. 34±37298; File Nos. SR±OCC± proposed rule changes herein. 96±04 and SR±NSCC±96±11] II. Self-Regulatory Organizations’ Statement of the Purpose of, and Changes Made by the Third Restated Self-Regulatory Organizations; The Statutory Basis for, the Proposed Rule Agreements Options Clearing Corporation; National Changes Securities Clearing Corporation; The Third Restated Agreement alters Notice of Filing of Proposed Rule In their filings with the Commission, the provisions of the Second Restated Changes Relating to an Amended and OCC and NSCC included statements Agreement between OCC and NSCC Restated Options Exercise Settlement concerning the purpose of and basis for principally to establish a two-way Agreement Between the Options the proposed rule changes and guarantee between OCC and NSCC and Clearing Corporation and the National discussed any comments they received to change the guarantee formulas. In the Securities Clearing Corporation on the proposed rule changes. The text Second Restated Agreement, OCC of these statements may be examined at guaranteed compensation to NSCC for June 10, 1996. the places specified in Item IV below. losses incurred by NSCC in closing out Pursuant to Section 19(b)(1) of the OCC and NSCC have prepared the exercise and assignment activity Securities Exchange Act of 1934 summaries, set forth in sections (A), (B), (‘‘E&A activity’’) of a defaulting OCC (‘‘Act’’),1 notice is hereby given that on and (C) below, of the most significant clearing member, and NSCC agreed to February 6, 1996, and April 6, 1996, The aspects of such statements.4 guarantee settlement of pending stock Options Clearing Corporation (‘‘OCC’’) trades arising from E&A activity (A) Self-Regulatory Organizations’ and the National Securities Clearing commencing at the same time that it Statement of the Purpose of, and Corporation (‘‘NSCC’’), respectively, guarantees regular-way settlements of Statutory Basis for, the Proposed Rule filed with the Securities and Exchange ordinary stock transactions (i.e., at Changes Commission (‘‘Commission’’) the midnight of T+1). However, the Second proposed rule changes (File Nos. SR– In 1977, OCC signed an Options Restated Agreement did not require OCC–96–04 and SR–NSCC–96–11) as Exercise Settlement Agreement with NSCC to return to OCC any net value described in Items I, II, and III below, Stock Clearing Corporation (NSCC’s remaining from the liquidation of the which items have been prepared predecessor), with MCC, and with E&A activity of a defaulting clearing primarily by OCC and NSCC, SCCP. In 1991, OCC and NSCC, MCC, member. As a result, OCC provided for respectively. The Commission is and SCCP each signed a Restated a two product group margin system for publishing this notice to solicit Options Exercise Agreement (‘‘Restated equity options to ensure that OCC gave comments on the proposed rule changes Agreements’’). The Restated Agreements no margin credit for net positive values from interested persons. never became effective because in 1993, of a clearing member’s E&A activity that prior to Commission approval of would be unavailable to OCC if NSCC I. Self-Regulatory Organization’s proposed rule changes pertaining to were to liquidate the clearing member’s Statement of the Terms of Substance of these Restated Agreements, OCC and positions at NSCC arising from its E&A the Proposed Rule Changes NSCC, MCC, and SCCP each signed a activity. The purpose of the proposed rule Second Restated Options Exercise The Third Restated Agreement changes is to put into effect the Third Agreement (‘‘Second Restated provides for a two-way guarantee Amended and Restated Options Agreements’’).5 The Commission between OCC and NSCC. Thus, if NSCC Exercise Settlement Agreement (‘‘Third approved the proposed rule changes suspends a common member 7 and Restated Agreement’’) 2 between OCC pertaining to the Second Restated and NSCC providing for the settlement Agreements.6 However, after the 7 In the Third Restated Agreement, the term of exercises and assignments of equity proposals were approved the parties to common member refers to an OCC clearing member 3 that also is an NSCC member and that has options. The proposal also seeks to the Second Restated Agreements agreed designated NSCC as its designated clearing to suspend the effectiveness of those corporation for purposes of effecting settlement of 1 15 U.S.C. § 78s(b)(1) (1988). agreements because OCC’s proposed its E&A activity. Under the Third Restated 2 A copy of the executed Third Restated implementation of a two product group Agreement, like the Second Restated Agreement, Agreement is attached as Exhibit A to OCC’s and three alternatives are available to a clearing member to NSCC’s filings. A copy of each of the filings and margin system would have caused that does not want to become a member of NSCC all exhibits is available for copying and inspection increases in the margin requirements far or SCCP but wants to settle its E&A activity through in the Commission’s Public Reference Room or in excess of the increases which had another entity which is a member of NSCC or SCCP. through OCC or NSCC, respectively. A clearing member may appoint (1) another OCC 3 OCC has provided Stock Clearing Corporation of clearing member (an ‘‘appointed clearing member’’), 4 The Commission has modified the text of the Philadelphia (‘‘SCCP’’) with a Third Restated (2) a member of NSCC (a ‘‘nominated summaries prepared by OCC and NSCC. Agreement which has terms substantially parallel to correspondent’’), or (3) if the OCC clearing member 5 the terms of the Third Restated Agreement between The three Second Restated Agreements were is a Canadian clearing member, the Canadian OCC and NSCC. OCC has advised SCCP that it is filed by OCC with the Commission in Amendment Depository for Securities. These three alternative prepared to execute a Third Restated Agreement No. 2 to File No. SR–OCC–92–5, and also were filed settlement arrangements are described in detail in with SCCP if and when SCCP wishes to do so. by NSCC, SCCP, and MCC in amendments to File Amendment No. 2 to File No. SR–OCC–92–5. This Because Midwest Clearing Corporation (‘‘MCC’’) No. SR–NSCC–91–7, File No. SR–SCCP–92–01, and notice of filing describes the provisions of the Third has withdrawn from the clearance and settlement File No. SR–MCC–92–02, respectively. Restated Agreement with respect to an OCC clearing business, OCC plans to propose entering into a 6 Securities Exchange Act Release No. 33543 member that is a common member, but the termination agreement with MCC to formally (January 28, 1994), 59 FR 5639 [File Nos. SR–OCC– provisions of the Third Restated Agreement are terminate the Second Restated Agreement between 92–05, SR–NSCC–91–07, SR–SCCP–92–01, and SR– designed to apply to each of the alternative OCC and MCC. MCC–92–02]. settlement arrangements. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30651 incurs a loss, OCC would owe NSCC an the Second Restated Agreement as the NSCC’s clearing fund).12 The term net amount determined in accordance with net options loss, the net overall loss, member debit to OCC is defined to mean the formula described below, and if and the maximum guarantee.10 The the actual net overall debit or loss, if OCC suspends a common member and Third Restated Agreement between OCC any, realized by OCC from its close-out incurs a loss, NSCC would owe OCC an and NSCC sets forth a revised formula of the common member (i.e., the debit amount determined in accordance with for the calculation of the amount which or loss after application of all assets the formula described below. The OCC would owe NSCC if NSCC were to available to OCC including the common guarantee from NSCC to OCC entitles suspend a common member. It also member’s margin deposits and OCC to reimbursement from NSCC if provides an analogous formula for the contribution to OCC’s clearing fund). OCC were to incur a loss in liquidating calculation of the amount which NSCC The term calculated margin credit is the positions of a suspended clearing would owe OCC if OCC were to suspend defined to mean the algebraic sum of the 13 member to whom OCC had been giving a common member. mark-to-market amounts calculated margin credit for its E&A activity which by OCC’s margin system relating to had been reported to NSCC for Pursuant to the Third Restated settlements arising from E&A activity settlement. This entitlement permits Agreement, the formula for payment by with respect to which NSCC has become OCC to give margin credit for long OCC under its guarantee to NSCC unconditionally obligated to settle and option positions in firm accounts and provides that if NSCC were to suspend the mark-to-market amounts calculated market-maker’s and specialist’s a common member, OCC would owe by NSCC’s system for offsetting activity accounts that have been reported to NSCC the lesser of the common in NSCC’s system in the same NSCC for settlement and therefore member’s (i) net member debit to NSCC underlying stocks if the algebraic sum is allows OCC to calculate margin for or (ii) calculated margin requirement. positive (i.e., if the sum represents a net equity options in one product group. The formula for payment by NSCC positive value of the settlements). The The guarantee of each clearing under its guarantee to OCC provides term calculated margin requirement is corporation to the other in the Third that if OCC were to suspend a common defined to mean the same algebraic sum Restated Agreement is unconditional in member, NSCC would owe OCC the if the algebraic sum is negative (i.e., if that each clearing corporation’s lesser of the common member’s (i) net the sum represents a net negative value guarantee is not dependent on the member debit to OCC or (ii) calculated of the settlements).14 ability of the clearing corporation to use margin Credit.11 The term net member The calculation of the calculated assets of its suspended member to make debit to NSCC is defined to mean the margin requirement or calculated a guarantee payment. Therefore, OCC actual net overall debit or loss, if any, margin credit will take into account the and NSCC believe that the trustee for a realized by NSCC from its close-out of value of offsetting deliver and receive bankrupt OCC clearing member or for a the common member (i.e., the debit or obligations at NSCC including fails but bankrupt NSCC member should not be loss after application of all assets including free deliver and receive able to successfully attack OCC’s or available to NSCC including the obligations in the underlying stocks in NSCC’s right to receive guarantee common member’s contribution to which each common member has E&A payments from each other or to make activity. NSCC will give OCC a report of guarantee payments to each other in 10 The net options loss was essentially the actual accordance with the provisions of the net loss incurred by NSCC in closing out the E&A 12 The net member Debit to NSCC concept is Third Restated Agreement. OCC or activity with respect to which NSCC was similar to the net overall loss concept under the NSCC would seek recovery of the unconditionally obligated at the time of the default. Second Restated Agreement. However, the concepts The net overall loss was essentially the actual net differ in that the net overall loss was the net loss amount of any guarantee payment loss incurred by NSCC in closing out all resulting from the close-out of all of a suspended which either made to the other from the transactions of the defaulting participating member member’s settlement activity at NSCC whereas the assets of the suspended clearing with respect to which NSCC was unconditionally net member debit to NSCC is the net debit member whose failure necessitated the obligated at the time of the default. The maximum remaining after application of all of a suspended payment. OCC and NSCC believe that its guarantee amount was essentially the sum of the member’s assets that are available to NSCC. The mark-to-market amounts, positive and negative, for difference in these concepts reflects a judgment on authority to do so would be within the all E&A activity with respect to which NSCC was the part of the two clearing corporations that the special provisions of the Bankruptcy unconditionally obligated at the time of the default. guarantee of each of the other should not obligate Code that protect the close-out activities The term mark-to-market amount was defined in either to make any payment to the other if the other of securities clearing agencies.8 the Second Restated Agreement to mean the in fact has sufficient assets of the suspended difference between the exercise price of an option member to make itself whole without recourse to Guarantee Formulas and the closing price of the underlying stock on the the clearing fund deposits of its other members. trading day immediately preceding the then most 13 Under the Third Restated Agreement, the term The Second Restated Agreement recently completed regular morning settlement with mark-to-market amount is defined to mean: (i) with between NSCC and OCC provided that OCC of the participating member. As set forth in respect to any option exercise or assignment OCC would compensate NSCC for losses footnote 13 below, the term is defined somewhat position, the difference between the value of the differently in the Third Restated Agreement. position calculated using its exercise price and its incurred by NSCC in closing out the 11 Generally, if either NSCC or OCC suspended a closing price on the preceding trading day and (ii) E&A activity of a defaulting common member, the other would also suspend the with respect to any other position at NSCC, the participating member 9 reported by OCC common member. OCC’s Rule 1102(a) entitles OCC difference between the value of the position to NSCC. The amount that OCC to suspend a clearing member which had been calculated using its trade price and its closing price guaranteed to NSCC would be the suspended by its designated clearing corporation on the preceding trading day. (Securities Exchange Act Release No. 33543 14 The calculated margin requirement concept is smallest of three quantities referred to in (January 28, 1994) 59 FR 5639 [File No. SR–OCC– similar to the maximum guarantee amount concept 92–05]). However, the two formulas under the under the Second Restated Agreement. The 8 11 U.S.C. §§ 555 and 559. Third Restated Agreement would require at most a concepts differ in that the maximum guarantee 9 As defined in the Second Restated Agreement, payment by one of the two clearing corporations to amount did not take into account offsetting activity the term participating member generally refers to an the other and not to a payment by each clearing in NSCC’s system in the same underlying stocks. entity that is an OCC clearing member and also is corporation to the other. This is true because the OCC and NSCC have concluded that the calculated a participant in a correspondent clearing suspended common member’s E&A activity in margin requirement and calculated margin credit corporation (‘‘CCC’’) (i.e., NSCC, MCC, or SCCP) or settlement at NSCC would generate either a concepts render the net options loss concept under an entity that is a party to any of the three calculated margin requirement or a calculated the Second Restated Agreement superfluous. Thus, alternative arrangements for effecting settlement margin credit but not both. Thus, the application of there is no counterpart in the guarantee formula in through a CCC as provided under the Second at least one of the two formulas would result in a the Third Restated Agreement to the net options Restated Agreement. guaranteed amount equal to zero. loss concept in the Second Restated Agreement. 30652 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices offsetting deliver and receive obligations taken into account in the calculation of NSCC of the exercise price for the in its system on a daily basis prior to the calculated margin requirement or positions and that the value of any such 8:00 P.M. Central Time. calculated margin credit and would be covered short position would not be The calculation of the calculated reflected in OCC’s regular morning taken into account in determining the margin requirement or calculated settlement on the morning of E+2. amount guaranteed by OCC to NSCC. In margin credit is perhaps best illustrated Information reported back to OCC by contrast, the Third Restated Agreement with an example. Suppose that ABC is NSCC on the evening of E+2 would be does not contemplate that OCC will a common member of NSCC and OCC, taken into account in any calculation of deliver stock held to cover short call that ABC is assigned the exercise of 100 the calculated margin requirement or positions because, as described above, XYZ June 85 call options, that the calculated margin credit and would be the Third Restated Agreement provides closing price of XYZ on the day after the reflected in OCC’s regular morning for taking the value of offsetting deliver exercise (‘‘E+1’’) is 90, and that ABC has settlement on the morning of E+3. and receive obligations at NSCC into no other E&A activity at all. If ABC also Although NSCC will provide OCC account in the calculation of the has no non-E&A settlements in XYZ in with reports of offsetting deliver and calculated margin requirement or settlement at NSCC, the calculated receive obligations in its system on a calculated margin credit. margin requirement for ABC would be daily basis and although OCC will Amendments to OCC Rule 601 $50,000 (90 minus 85 equals $5.00 per monitor these reports for unusual share for each of 10,000 shares). If position concentrations, OCC will not Because of the guarantee extended by ABC’s non-E&A activity at NSCC in actually use the information in the NSCC to OCC, OCC proposes to amend XYZ netted to a right to receive 5000 reports in its margin calculations for its Rule 601 to enable OCC to give margin shares at a weighted average price of 87, members.16 credit for long option positions in firm, and if NSCC gave OCC notice to that OCC’s guarantee in the Third Restated market-makers’, and specialists’ effect prior to 8:00 P.M. on E+1, then the Agreement is similar to its guarantee in accounts that have been reported to $15,000 in-the-money value of those the Second Restated Agreement in that NSCC for settlement. As a result, OCC shares would be taken into account as the guarantee does not cover the will be able to calculate margin for an offsetting obligation, and the exposure of NSCC to loss from exercise equity options in one product group. calculated margin requirement for ABC settlements that would result if a The amendments to Rule 601 essentially would be $35,000 commencing at the participating member 17 transfers reverse changes which were proposed in time on E+2 when OCC is scheduled to settlements from its account at NSCC to File No. SR–OCC–92–5.18 make regular daily money settlement the account of any other member of Amendment to OCC Rule 1107 with ABC.15 If ABC’s non-E&A activity NSCC (even another participating at NSCC in XYZ instead netted to a right member or another member that is an OCC proposes to amend Rule 1107 to to receive 15,000 shares at a weighted affiliate of the participating member) provide that OCC will liquidate average price of 87 and if NSCC gave and that second member defaults on its securities deposited to cover assigned OCC notice to that effect prior to 8:00 obligations to NSCC with respect to short call positions and use the P.M. on E+1, the value of only 10,000 those settlements. proceeds to reimburse itself for the of those shares (i.e., the amount on the incremental amount, if any, which OCC Delivery of Stock Held in Escrow opposite side of the market from the is obligated to pay to the designated obligation to deliver created by the The Second Restated Agreement clearing corporation by reason of the assigned call) would be taken into between NSCC and OCC contemplated covered short positions as well as for account in calculating the calculated that OCC would, if necessary, deliver to the exercise price of the covered options margin requirement. Those 10,000 NSCC stock held in lieu of margin to and for any costs associated with the shares would have an in-the-money cover a suspended clearing member’s liquidation. value of $30,000, and the calculated short call positions against payment by Amendment to NSCC’s Clearing Fund margin requirement for ABC would be Formula $20,000 commencing at the time on E+2 16 Unlike NSCC, OCC employs three types of NSCC proposes to amend its clearing when OCC is scheduled to make regular accounts for its members: customer accounts, market-maker accounts, and firm accounts. Separate fund formula in order to exclude from daily money settlement with ABC. margin calculations are made with respect to each the calculation trades for which NSCC OCC reports E&A activity to NSCC type of member account. Therefore, in order to use the information in NSCC’s reports in OCC’s margin has protection under the terms of the each night. Offsetting positions 19 information reported back to OCC by calculations, OCC would have to disaggregate the Third Restated Agreement. information received from NSCC on an account-by- OCC and NSCC believe the proposed NSCC on the evening of E+1 would be account basis. This disaggregation, even if possible, rule changes are consistent with the could not be done without major changes in both purposes and requirements of Section 15 OCC currently collects from clearing members OCC’s and NSCC’s systems. who owe OCC a net dollar amount in regular daily 17 Under the Third Restated Agreement the term 17A of the Act because the proposals (i) settlement at 9:00 A.M. and pays clearing members participating member specifically refers to (1) a will enhance the system used by OCC to who are entitled to receive a net dollar amount in common member, (2) an NSCC clearing member effect settlement of exercises and regular daily settlement at 10:00 A.M. In the that (i) has been appointed as an appointed clearing assignments of equity options by example in the text, OCC would be obligated to take member by an OCC clearing member that is an the in-the-money value of ABC’s non-E&A activity appointing clearing member and (ii) has designated providing for a two-way guarantee into account in calculating ABC’s calculated margin NSCC as its designated clearing corporation for the between OCC and NSCC thereby requirement if NSCC suspended ABC after 10:00 settlement of its E&A activity. (3) an OCC clearing permitting OCC to return to a one A.M. (at the latest) even if ABC in fact failed to member that (i) is a nominating clearing member, product group margin system and (ii) make money settlement with OCC on E+2. OCC (ii) has appointed a nominated correspondent that staff has concluded after discussing with NSCC staff is an NSCC member, and (iii) has designated NSCC the question of when offsetting non-E&A activity as its designated clearing corporation for the 18 Supra note 6. should be taken into account that the time of settlement of its E&A activity, and (4) an OCC 19 The complete text of the amendments to regular daily money settlement is an appropriate clearing member that is a Canadian clearing NSCC’s clearing fund formula is set forth in Exhibit time to incorporate the information in the preceding member. The terms appointing clearing member, A to NSCC’s filing. A copy of the filing and all evening’s report from NSCC into calculations of the appointed clearing member, nominating clearing exhibits is available for copying and inspection in calculated margin requirement or calculated margin member, and nominated correspondent are defined the Commission’s Public Reference Room or credit. in Article I of OCC’s By-Laws. through NSCC. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30653 will enhance NSCC’s ability to protect For the Commission by the Division of Security Boulevard, Baltimore, itself and its members against loss. Market Regulation, pursuant to delegated Maryland 21235, telephone 410–965– authority.20 1753. (B) Self-Regulatory Organizations’ Margaret H. McFarland, Statement on Burden on Competition Deputy Secretary. SUPPLEMENTARY INFORMATION: OCC and NSCC do not believe the [FR Doc. 96–15274 Filed 6–14–96; 8:45 am] A. Discussion of Proposed Routine Use proposed rule changes will impose any BILLING CODE 8010±01±M On February 7, 1995, President material burden on competition. Clinton announced that SSA, in (C) Self-Regulatory Organizations’ partnership with the Immigration and Statement on Comments on the SOCIAL SECURITY ADMINISTRATION Naturalization Service (INS), will Proposed Rule Changes Received From conduct a pilot project to verify SSNs Privacy Act of 1974; Report of New Members, Participants or Others and employment authorization for Routine Use Written comments were not and are newly-hired employees. not intended to be solicited by OCC or AGENCY: Social Security Administration. To work in the United States (U.S.), NSCC with respect to the proposed rule ACTION: New routine use. a person must be a U.S. citizen or an changes, and none have been received alien lawfully admitted to the country by OCC or NSCC. SUMMARY: In accordance with the and authorized to work. Employers are Privacy Act (5 U.S.C. 552a(e) (4) and currently required to view documents III. Date of Effectiveness of the (11)), we are issuing public notice of our from all newly-hired employees to Proposed Rule Changes and Timing for intent to establish a new routine use of verify their identities and their Commission Action information maintained in the Privacy authorization to work in the U.S. That Within thirty-five days of the date of Act system of records entitled Master process has been cumbersome for publication of this notice in the Federal Files of Social Security Number (SSN) employers and is generally viewed as Register or within such longer period (i) Holders and SSN Applications, SSA/ ineffective at identifying unauthorized as the Commission may designate up to OSR, 09–60–0058. (For convenience, we workers. It has also been found to ninety days of such date if it finds such will refer to the system as the provide an opportunity for longer period to be appropriate and Enumeration System.) The proposed discrimination against people who look publishes its reasons for so finding or routine use provides for disclosure of or sound foreign. (ii) as to which OCC and NSCC consent, SSN and citizenship information to The Commission on Immigration the Commission will: employers in connection with a pilot Reform (also known as the Jordan (A) By order approve the proposed program to verify the employment Commission) released an interim report rule changes or authorization of newly-hired employees. to the Congress in September 1994 that (B) Institute proceedings to determine We invite public comments on this proposed a computer registry based on whether the proposed rule changes publication. SSA and INS data that employers could should be disapproved. DATES: We filed a report of an altered check to determine if a newly-hired systems of records—new routine use IV. Solicitation of Comments employee is authorized to work. The with the Chairman, Committee on Commission recommended that the Interested persons are invited to Government Reform and Oversight of President immediately pilot the registry submit written data, views, and the House of Representatives, the in the five States with the highest levels arguments concerning the foregoing. Chairman, Committee on Governmental of illegal immigration and several less Persons making written submissions Affairs of the Senate, and the affected States. SSA and INS estimate it should file six copies thereof with the Administrator, Office of Information would take at least 5 years after the Secretary, Securities and Exchange and Regulatory Affairs, Office of enactment of legislation to set up the Commission, 450 Fifth Street, N.W., Management and Budget on June 4, joint computer registry proposed by the Washington, D.C. 20549. Copies of the 1996. The routine use will become Jordan Commission. The President has submission, all subsequent effective as proposed, without further authorized SSA and INS to develop amendments, all written statements notice on July 29, 1996, unless we pilot projects to test the effectiveness of with respect to the proposed rule receive comments on or before that date some of the concepts embodied in the changes that are filed with the that would result in a contrary computer registry proposal, and to test Commission, and all written determination. the technical feasibility of matching communications relating to the ADDRESSES: Interested individuals may proposed rule changes between the data from the two agencies’ databases. comment on this publication by writing The focus of the current pilot project Commission and any person, other than to the SSA Privacy Officer, Social those that may be withheld from the would involve a two-step process using Security Administration, Room 3–A–6 public in accordance with the existing SSA and INS data bases. Operations Building, 6401 Security provisions of 5 U.S.C. § 552, will be Current plans call for selected volunteer Boulevard, Baltimore, Maryland 21235. available for inspection and copying in employers to provide SSA with a newly- Comments may be faxed to (410) 966– the Commission’s Public Reference hired employee’s SSN, name and date of 0869 or sent to internet address Room, 450 Fifth Street, N.W., birth. SSA would match that [email protected]. All comments Washington, D.C. 20549. Copies of such information against the Enumeration filing will also be available for received will be available for public System data base. If the identifying inspection and copying at the principal inspection at that address. information furnished by the employer office of OCC and NSCC. All submission FOR FURTHER INFORMATION CONTACT: Mr. does not match the data in the should refer to the File Nos. SR–OCC– Willie J. Polk, Chief, Confidentiality and Enumeration System, SSA would so 96–04 and SR–NSCC–96–11 and should Disclosure Branch, Office of Disclosure inform the employer. If there is a match, be submitted by July 8, 1996. Policy, Social Security Administration, SSA would also check for citizenship/ 3–D–1 Operations Building, 6401 alien status coding. If the Enumeration System indicates that the employee is a 20 17 CFR 200.30–3(a)(12) (1995). U.S. citizen, SSA’s response would 30654 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices convey this information and no further existing Federal identification systems lawfully admitted to the U.S.; and (4) to inquiries would be necessary. If the for use in determining employment deter and detect work in the U.S. that Enumeration System indicates that the authorization and to undertake is not authorized by law. employee was an alien at the time he or demonstration projects, such as the pilot The services we would provide to she last applied for a social security project described above, that test the employers under the pilot project would card, SSA would advise the employer to usefulness of such systems for assist them in reporting accurate wages check with INS to determine whether improving employment verification. to SSA and would help prevent and the employee is authorized to work. SSA’s Enumeration System is such a deter individuals from engaging in To comply with the Privacy Act (5 Federal identification system. This criminal activity described in section U.S.C. 552a) when disclosing statutory authority has been invoked 208(a)(7) and (8) of the Act and information to the employers with respect to the pilot project unauthorized work in the U.S. Thus, the participating in the pilot, we are described above. Consequently, with services that SSA would render to proposing to establish the following respect to the pilot project, 8 U.S.C. employers who would participate in the routine use: 1324a(d) establishes employment proposed pilot would serve some of the In connection with a pilot program, authorization verification as one of the same purposes for which SSA collects conducted with the Immigration and purposes for which SSA collects and and maintains the SSN and citizenship/ Naturalization Service under 8 U.S.C. maintains information in its alien status information in the 1324a(d)(4) to test methods of verifying that Enumeration System. Use of that Enumeration System. individuals are authorized to work in the information by employers participating In furnishing the services described United States, the Social Security in that pilot project to verify above to employers who participate in Administration will inform an employer authorization to work in the U.S. clearly the employment authorization pilot, participating in such pilot program that the serves that purpose. SSA would perform functions for which identifying data (Social Security number, it is responsible under Federal law, 8 name and date of birth) furnished by an In addition, sections 205(c)(2) and employer concerning a particular employee 208(a)(7) and (8) of the Social Security U.S.C. 1324a(d). This activity would be match, or do not match, the data maintained Act (the Act) also support a finding of necessary to carry out a Social Security in this system of records, and when there is compatibility. Under section program, as defined in 20 CFR 401.110, such a match, that information in this system 205(c)(2)(A) of the Act, SSA is required and would be consistent with SSA’s of records indicates that the employee is, or to establish and maintain records of the disclosure regulation, 20 CFR 401.310. is not, a citizen of the United States. amounts of wages paid to individuals The regulation (20 CFR 401.310) B. Compatibility of Proposed Routine and of the periods in which such wages provides, in part, that we will disclose Use were paid. In performing these duties, information under a routine use ‘‘where SSA is required by section necessary to carry out Social Security We are proposing the routine use 205(c)(2)(B)(i)(I) of the Act to arrange for programs.’’ For purposes of that discussed above in accordance with the the issuance of SSNs to certain groups, regulation, ‘‘Social Security program’’ is Privacy Act (5 U.S.C. 552a(a)(7), (b)(3), including aliens lawfully admitted to defined as ‘‘any program or provision of and (e) (4) and (11)) and our disclosure the U.S. for permanent residence or law which SSA is responsible for regulation (20 CFR part 401). The under other authority to work in the administering * * *’’ 20 CFR 401.110. Privacy Act permits us to disclose U.S. Section 205(c)(2)(B)(ii) of the Act information about individuals without C. Effect of the Proposal on Individual provides that SSA must require all Rights their consents for a routine use, i.e., applicants for SSNs to furnish evidence where the information will be used for to establish the age, citizenship, or alien The pilot is designed to assist a purpose that is compatible with the status, and true identity of such employers in identifying employees purpose for which we collected the applicants, and to determine which (if who are not authorized to work in the information. The disclosures that will any) SSN has previously been assigned U.S. When operating the pilot, SSA and be made under the proposed routine use to such individual. This provision was INS will apply appropriate measures to meet the compatibility requirements in enacted to address, among other things, ensure that the privacy rights of the Privacy Act and the regulation as concerns about use of SSNs by aliens employees whose SSNs are verified discussed below. entering the U.S. illegally and work in under the pilot are protected to the full Under 8 U.S.C. 1324a(a)(1), the the U.S. by aliens who are not extent of the Privacy Act and all other Immigration and Nationality Act authorized to do so. Further, section applicable laws. SSA and INS will provides that it is unlawful for a person 208(a)(7)(B) and (a)(8) of the Act negotiate a written agreement with each or other entity to hire, or to recruit or provides that any individual who, with participating employer that delineates refer for a fee, for employment in the intent to deceive for any purpose, the employer’s responsibilities and U.S. an individual without verifying falsely represents that a particular SSN states the safeguards the employer must that the individual is authorized to work was assigned to him or her when it was apply to protect the privacy of in the U.S. Among the documents that not so assigned, or uses the SSN of any information received from SSA and/or can be used to verify the individual’s person in violation of the laws of the INS. Individuals will have the authorization to work in the U.S., as U.S., is guilty of a felony. opportunity to reconcile any discussed in 8 U.S.C. 1324a(b)(1), is the Some of the statutorily authorized discrepancies between the information SSN card ‘‘(other than such a card purposes for which SSA collects and they furnish to their employers and the which specifies on the face that the uses information maintained in the records of SSA before their employers issuance of the card does not authorize Enumeration System are: (1) To keep can take any adverse action based on employment in the United States).’’ accurate records of earnings as required those discrepancies. Because employers Thus, the SSN and SSN card have a by section 205(c)(2)(A) of the Act; (2) to participating in the pilot must confirm major role in the current process for detect instances in which an individual that all new hires are authorized to verification of an employee’s uses an SSN that has not been assigned work, these disclosures should serve to authorization to work in the U.S. to him or her; (3) to prevent the issuance lessen the incidence of discrimination Further, 8 U.S.C. 1324a(d) allows the of an SSN to an individual who has not against people who look or sound President to consider the suitability of furnished evidence that he or she is foreign. Also, we will keep a detailed Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30655 audit trail record of all disclosures made SUPPLEMENTARY INFORMATION: ineligibility and excludability under under the pilot. For these reasons, we Title IV will be made when facts or Department of State Guidelines for do not anticipate that the disclosures circumstances exist that would lead the Implementation of Title IV of the will have any unwarranted adverse Department reasonably to conclude that LIBERTAD Act effect on the rights of individuals. a person has engaged in confiscation or 1. Purpose and Authority. These Dated: June 4, 1996. trafficking after March 12, 1996. guidelines will be used by the 6. Prior Notification.—a. An alien Shirley S. Chater, Department of State (‘‘Department’’) for who may be the subject of a Commissioner of Social Security. the purpose of implementing Title IV of determination under Title IV will be [FR Doc. 96–15265 Filed 6–14–96; 8:45 am] the Cuban Liberty and Democratic sent notification by registered mail that BILLING CODE 4190±29±P Solidarity Act of 1996, P.L. 104–114, 22 his/her name will be entered in the visa U.S.C. § 6021 et seq., also known as the lookout system and port of entry Libertad Act or Helms-Burton Act exclusion system, and that he/she will DEPARTMENT OF STATE (‘‘Act’’), and other applicable legislation be denied a visa upon application or as appropriate. have his/her visa revoked, 45 days after Bureau of Inter-American Affairs 2. Delegation of Authority. The the date of the notification letter. the Secretary of State has delegated alien will be informed that divesting [Public Notice 2403] authority to the Assistant Secretary of from a ‘‘trafficking’’ arrangement would State for Inter-American Affairs to make avert the exclusion. the Department may Guidelines Implementing Title IV of the determinations of excludability and visa inform the government of the alien’s Cuban Liberty and Democratic ineligibility under section 401(a) of the country of nationality in confidence Solidarity Act Act. through diplomatic channels of the AGENCY: Bureau of Inter-American 3. Point of Contact. The Office of name of any corporation or other entity Affairs. Cuban Affairs in the Bureau of Inter- related to this action. American Affairs at the Department is b. If no information is received within ACTION: Notice. the central point of contact for all the 45 day period above that leads the SUMMARY: Title IV, section 401(a), of the inquiries about implementation of Title Department reasonably to conclude (i) Cuban Liberty and Democratic IV of the Act. The Office may be that the alien or company involved has Solidarity (LIBERTAD) Act of 1996 contacted in Room No. 3244, U.S. not engaged in trafficking or is no longer (‘‘Act’’), 22 U.S.C. 6021 et seq., also Department of State, Washington, DC doing so, or (ii) that an exception to known as the Helms-Burton Act, 20520; telephone number 202–647– trafficking under section 401(b)(2)(B) provides that the ‘‘Secretary of State 7505. applies, the Department will notify shall deny a visa to, and the Attorney 4. Collection of Information—a. As consular officers and the Immigration General shall exclude from the United resources permit, the Department may and Naturalization Service (‘‘INS’’) of a States, any alien who the Secretary of collect information from available determination by entering the alien’s State determines is a person who, after sources on whether property in Cuba name, including the names of the alien’s the date of the enactment of this act— owned by a U.S. national has been agents, spouse and minor children, if (1) Has confiscated, or has directed or confiscated or whether trafficking in applicable, in the appropriate lookout overseen the confiscation of, property such property confiscated from a U.S. system, and a visa application from the [in Cuba] a claim to which is owned by national has occurred. named alien will be denied or a visa a United States national, or converts or b. If the Department has information revoked in accordance with the law. has converted for personal gain indicating that certain property may Entry of the named alien into the confiscated property, a claim to which have been confiscated or subject to appropriate lookout systems will be the is owned by a United States national; trafficking, it may request the Foreign exclusive means by which consular (2) Traffics in confiscated property, a Claims Settlement Commission (FCSC) officers and the INS will verify that the claim to which is owned by a United to inform it whether the property in alien has been determined to be States national; question was the subject of an FCSC- excludable under section 401 of the Act. 7. Exemptions. The Department may (3) Is a corporate officer, principal, or certified claim. the Department may also grant an exemption for diplomatic and shareholder with a controlling interest obtain information from the FCSC and consular personnel of foreign of an entity which has been involved in other available sources about the current governments, and representatives to and the confiscation of property or ownership of an FCSC-certified claim, officials of international organizations. trafficking in confiscated property, a including whether it is owned by a U.S. An alien may request from the claim to which is owned by a United national. Department an exemption for medical States national; or c. For non-certified claims, the reasons or for purposes of litigation of (4) Is a spouse, minor child, or agent Department may request claimants to an action under Title III of the Act to the of a person excludable under paragraph provide additional information related extent permitted under section 401(c) of (1), (2), or (3).’’ 22 U.S.C. 6091(a). to ownership and confiscation of, or the Act. The Department will notify The following guidelines will be used trafficking in, the property concerned. d. The department will consult as Department consular officers and the by the Department of State for the appropriate with other agencies of the INS through appropriate channels of the purpose of implementing Title IV of the U.S. government and other sources decision to grant an exemption to a act. regarding the identify of principals, person otherwise excludable under Title EFFECTIVE DATE: This notice is effective officers, and controlling shareholders, IV of the Act. The Department may on June 17, 1996. and their agents, spouses, and minor impose appropriate conditions on any FOR FURTHER INFORMATION CONTACT: children, or entities that may have exemption granted. Director, Office of Cuban Affairs, Bureau confiscated property owned by a U.S. 8. Review of Determinations. The of Inter-American Affairs, Department of national or trafficked in such property. Department may review a determination State, 2201 C Street, NW, Washington, 5. Determinations of excludability and made under Title IV at any time, as D.C. 20520, 202–647–7505. Ineligibility. Determinations of appropriate, upon the receipt of 30656 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices information indicating that the general be applied consistent with, the New Business determination was in error, that a definition of ‘‘control’’ in 17 CFR E—Real Property Transactions person has ended all involvement with § 230.405.) E1. Transfer of custody of the Edgemont confiscated U.S. property in Cuba, that h. ‘‘Traffics’’ means the same as the Uranium Mill Tailings Disposal Site to the an exception applies under section term defined in section 401(b)(2) of the Department of Energy. 401(b)(2)(B), or that an exemption Act. E2. Grant of permanent easement to should be granted under section 401(c). i. ‘‘Transactions and uses of property Tishomingo County, Mississippi, affecting 9. Definitions.—a. ‘‘Agent’’ means a incident to lawful travel in Cuba’’ are approximately 6 acres of land on Pickwick person who acts on behalf of a corporate such incidental transactions and uses of Lake in Tishomingo County for a road and officer, principal, or shareholder with a utilities right-of-way (Tract No. XTYECR– confiscated property as are necessary to 9H). controlling interest to carry out or the conduct of lawful travel to Cuba. facilitate acts or policies that result in a E3. Sale of 30-year easement to Power 10. Persons with Business Dealings Paper Company, Inc., for a natural gas determination under section 401(a) of with Persons Subject to a pipeline affecting approximately 3.5 acres of the Act. land on Watts Bar Lake in Roane County, b. ‘‘Confiscate’’ means the same as the Determination. It is not sufficient in itself for a determination under section Tennessee (Tract No XWBR–713P). term defined in section 401(b)(1) of the E4. Sale of 40-year commercial recreation Act. 401(a) that a person has merely had easement to Watts Bar Resort Company c. ‘‘Corporate officer’’ means the business dealings with a person for affecting approximately 162 acres of land on president, chief executive officer, whom a determination is made under Watts Bar Lake in Rhea County, Tennessee principal financial officer, principal section 401(a). (Tract No. XWBR–710RE). accounting officer (or, if there is not 11. Confidentiality of Records. E5. Grant of permanent easements to the Department records pertaining to the City of Fort Payne, Alabama, affecting accounting officer, the controller), any approximately 9.65 acres of land on vice president of the entity in charge of issuance or denial of a visa under Guntersville Lake in Jackson County, a principal business unit, division or section 401(a), including records related Alabama, for a raw water pump station and function (such as sales, administration to the determination of ineligibility or water line (Tract No. XTGR–162E). or finance), or any other officer or excludability, are confidential E6. Abandonment of easement rights over person who performs policy-making consistent with section 222(f) of the a portion of the Pulaski-Fayetteville functions for the entity. Corporate Immigration and Nationality Act, 8 Transmission Line affecting approximately officers of a parent or subsidiary of the U.S.C. 1202(f). 5.95 acres in Lincoln County, Tennessee (a portion of Tract No. PF–59 and all of Tract entity may be deemed corporate officers 12. No Right of Action. Nothing in No. PF–80). of the entity if they perform policy- these guidelines will create any right or making functions for the entity. (This benefit, substantive or procedural, Unclassified definition is derived from, and will in enforceable by a party against the F1. Filing of condemnation cases. general be applied consistent with, the United States, its agencies or Information Items definition of ‘‘officer’’ in 17 CFR instrumentalities, its officers or its 1. Abandonment of easement rights § 240.16a–1(f)). employees, or any other person. affecting approximately 0.7 acre of the d. ‘‘Minor child’’ means a person who 13. Publication and Revision of these Norris-Knoxville Transmission Line right-of- is under 18 years of age and who is a Guidelines. These guidelines will be way in Anderson County, Tennessee (Tract child as defined in 8 U.S.C. § 1101(b)(1). published in the Federal Register, and No. NV–19). e. ‘‘Person’’ means the same as the will become effective upon publication. 2. Grant of easement to Bluegrass Network term defined in section 4(11) of the Act. Revisions may be made as appropriate LLC affecting approximately 0.03 acre of the f. ‘‘Principal’’ means: (i) When the and published in the Federal Register. Bowling Green Customer Service Center entity is a general partnership, any property in Warren County, Kentucky, for general partner and any officer or Dated: June 12, 1996. construction, operation, and maintenance of Jeffrey Davidow, a fiber optic cable (Tract No. XBKPSC–3UC). employee of the general partnership 3. Drive-home vehicle program for TVA Acting Assistant Secretary of State for Inter- who performs a policy-making function Police Officers. American Affairs, Department of State. for the partnership, (ii) when the entity 4. Delegation of authority to the Vice is a limited partnership, any general [FR Doc. 96–15406 Filed 6–14–96; 8:45 am] President of Fuel Supply and Engineering to partner and any officer or employee of BILLING CODE 4710±29±M enter into agreements with the Southern a general partner of the limited Pacific Rail Corporation (and certain of its partnership who performs a policy- affected subsidiaries) to modify existing making function for the limited Contract Nos. ICC–SP–C–15118 and ICC–SP– TENNESSEE VALLEY AUTHORITY C–15119 and to resolve outstanding claims. partnership, (iii) when the entity is a 5. Extension of the current Low Density trust, any trustee and any officer or Sunshine Act Meeting Credit Program. employee of the trustee who performs a 6. Award of contract to Alcoa Fujikura, policy-making function for the trust, AGENCY HOLDING THE MEETING: Tennessee Ltd., for fiber optic cable and to further the arrangement with Worldcom Network and (iv) any other person who performs Valley Authority. similar policy-making functions for the Services, Inc., to construct a fiber optic [Meeting No. 1485] entity. (This definition is derived from, system from Memphis to Nashville, with an optional segment from Nashville to East and will in general be applied TIME AND DATE: 10 a.m. (EDT), June 19, 1996. Tennessee. consistent with, the definition of 7. Filing of condemnation cases. ‘‘officer’’ in 17 CFR § 240.16a–1(f).) PLACE: TVA Chattanooga Office 8. Sale of permanent easement to CSX g. ‘‘Shareholder with a controlling Complex Auditorium, 1101 Market Transportation, Inc., for railroad and other interest’’ means a person possessing the Street, Chattanooga, Tennessee. transportation purposes affecting power, directly or indirectly, to direct or approximately 45.5 acres of Widows Creek STATUS: Open. cause the direction of the management Fossil Plant Interchange Yard, Jackson and policies of the entity through the Agenda County, Alabama (Tract No. XCSPA–47RR). ownership of voting securities. (This Approval of minutes of meeting held on For more information: Please call definition is derived from, and will in May 15, 1996. TVA Public Relations at (423) 632–6000, Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30657

Knoxville, Tennessee. Information is SUPPLEMENTARY INFORMATION: The FAA Issued in Fort Worth, Texas, on May 29, also available at TVA’s Washington proposes to rule and invites public 1996. Office (202) 898–2999. comment on the application to impose Edward N. Agnew, Dated: June 12, 1996. and use the revenue from a PFC at Acting Manager, Airports Division. Edward S. Christenbury, Jefferson County Airport under the [FR Doc. 96–15211 Filed 6–14–96; 8:45 am] General Counsel and Secretary. provisions of the Aviation Safety and BILLING CODE 4910±13±M [FR Doc. 96–15380 Filed 6–13–96; 10:22 am] Capacity Expansion Act of 1990 (Title BILLING CODE 8120±08±M IX of the Omnibus Budget National Highway Traffic Safety Reconciliation Act of 1990) (Public Law Administration 101–508) and Part 158 of the Federal ENVIRONMENTAL PROTECTION DEPARTMENT OF TRANSPORTATION Aviation Regulations (14 CFR Part 158). AGENCY On May 29, 1996, the FAA Federal Aviation Administration determined that the application to [Docket No. 96±43; Notice 1] impose and use the revenue from a PFC Notice of Intent To Rule on Application International Regulatory To Impose and Use the Revenue From submitted by the Airport was substantially complete within the Harmonization, Motor Vehicle Safety; a Passenger Facility Charge (PFC) at Motor Vehicles and Motor Vehicle requirements of Section 158.25 of Part Jefferson County Airport, Beaumont, Engines and the Environment TX 158. The FAA will approve or disapprove the application, in whole or AGENCY: National Highway Traffic AGENCY: Federal Aviation in part, no later than August 24, 1996. Safety Administration (NHTSA), DOT; Administration (FAA), DOT. The following is a brief overview of Environmental Protection Agency ACTION: Notice of intent to rule on (EPA). application. the application: ACTION: Notice of public meetings and Level of PFC: $3.00. SUMMARY: The FAA proposes to rule and request for comments. invites public comment on the Charge effective date: September 1, SUMMARY: application to impose and use the 1994. This document announces revenue from a PFC at Jefferson County Proposed charge expiration date: two public meetings to seek comments Airport under the provisions of the March 1, 1999. from a broad spectrum of participants Aviation Safety and Capacity Expansion on recommendations by the U.S. and Total estimated PFC revenue: European automotive industry for Act of 1990 (Title IX of the Omnibus $529,000. Budget Reconciliation Act of 1990) actions by the U.S. and European Union (Public Law 101–508) and Part 158 of PFC application number: 96–02–C– governments concerning international the Federal Aviation Regulations (14 00–BPT. harmonization of motor vehicle safety and environmental regulation, the CFR Part 158). Brief description of proposed intergovernmental regulatory process DATES: Comments must be received on project(s): necessary to achieve such or before July 17, 1996. Projects To Impose and Use PFC’s harmonization, and coordination of ADDRESSES: Comments on this vehicle safety and environmental application may be mailed or delivered ARFF Vehicle Replacement, research. The industry in triplicate copies to the FAA at the recommendations were made at the following address: Mr. Ben Guttery, Improve Runway 12 Safety Area, and Transatlantic Automotive Industry Federal Aviation Administration, PFC Application and Administrative Conference on International Regulatory Southwest Region, Airports Division, Costs. Harmonization, held in Washington, Planning and Programming Branch, Proposed class or classes of air DC, on April 10–11, 1996. The ASW–610D, Fort Worth, Texas 76193– comments will assist NHTSA and EPA 0610. carriers to be exempted from collecting In addition, one copy of any PFC’s: None. both in deciding how to respond to comments submitted to the FAA must Any person may inspect the those recommendations as well as in ensuring that harmonization does not be mailed or delivered to Mr. Byron L. application in person at the FAA office result in any degradation of safety or Broussard, Manager of Jefferson County listed above under FOR FURTHER environmental protection in the United Airport, at the following address: Mr. INFORMATION CONTACT and at the FAA States. Bryon L. Broussard, Jefferson County regional Airports office located at: DATES: Airport, 2748 Viterbo Road, Box 9, Federal Aviation Administration, Public meetings: The meetings will be held July 10 and 11, 1996. The Beaumont, Texas 77706. Southwest Region, Airports Division, safety and regulatory process meeting Air carriers and foreign air carriers Planning and Programming Branch, may submit copies of the written will start at 9 a.m. on July 10 and may ASW–610D, 2601 Meacham Blvd., Fort comments previously provided to the extend over to July 11, starting at 9 a.m. Worth, Texas 76137–4298. Airport under Section 158.23 of Part The environmental meeting will start at 158. In addition, any person may, upon 10 a.m. on July 11. FOR FURTHER INFORMATION CONTACT: request, inspect the application, notice Oral statements and written Mr. Ben Guttery, Federal Aviation and other documents germane to the comments: Administration, Southwest Region, application in person at Jefferson Safety and regulatory process issues: Airports Division, Planning and County Airport. Persons or organizations desiring to Programming Branch, ASW–610D, Fort make oral statements at the safety and Worth, Texas 76193–0610, (817) 222– regulatory process meeting should 5614. advise the NHTSA contact person listed The application may be reviewed in below of their intent by July 5, 1996. person at this same location. Copies of the oral statements, or an 30658 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices outline thereof, should be submitted to B. U.S. Government Statements collaborative approach in testing and the NHTSA contact person not later IV. Public Meetings certification procedures. than July 8, 1996. All written comments A. Discussion of Safety and Process Issues As Secretary Brown noted, the 1. Harmonized Research Transatlantic Agenda and Action Plan should be received by NHTSA’s docket 2. Mutual Recognition section no later than July 25, 1996. a. Functional Equivalence of Regulatory were intended to continue the Environmental issues: Persons or Requirements momentum for trade liberalization from organizations desiring to make oral b. Certification the Uruguay Round of Multilateral statements at the environmental meeting c. UN/ECE 1958 Agreement Trade Negotiations and ‘‘instill a new should advise the EPA contact person B. Topics for the Public Meetings dynamic’’ to the efforts of the World listed below of their intent by July 5, 1. Safety and Process Issues Trade Organization (WTO). The WTO 1996. Copies of the oral statements, or a. Harmonized Research Agreement on Technical Barriers to b. Mutual Recognition an outline thereof, should be submitted Trade includes requirements for— c. UN/ECE 1958 Agreement • Using international standards and to the EPA contact person not later than 2. Environmental Issues July 8, 1996. All written comments 3. Other Issues conformity assessment procedures as a should be received by NHTSA’s docket D. Procedural Matters regarding the Public basis for national regulations and section no later than July 25, 1996. Meetings and Written Comments procedures, unless the international 1. Public Meeting Procedures standards and procedures would be ADDRESSES: Public meetings: Both 2. Written Comment Procedures ineffective or inappropriate. (Articles meetings will be held in Room 2230 of 2.4 and 5.4) the Nassif Building, 400 Seventh Street, I. Transatlantic Business Dialogue • Meeting in Seville, Spain Participating in the preparation by SW., Washington, DC. international standardizing bodies of Written comments: Written comments In November 1995, the Transatlantic international standards, with a view on all issues should refer to the docket Business Dialogue (TABD), a forum towards harmonizing regulations. and notice number shown above and be comprised of U.S. and European (Article 2.6) submitted to: Docket Section, National industry leaders, met in Seville, Spain, • Giving consideration to accepting as Highway Traffic Safety Administration, to begin a process for achieving equivalent technical regulations of other Room 5111, 400 Seventh Street, SW., increased bilateral regulatory and WTO members, even if these regulations Washington, DC 20590. Docket room economic cooperation in key industrial differ from their own, provided they are hours are from 9:30 a.m. to 4 p.m., sectors. The forum was organized at the satisfied that these regulations Monday through Friday. initiatives of the late U.S. Department of adequately fulfill the objectives of their To facilitate the distribution and Commerce Secretary Ron Brown, the own regulations. (Article 2.7) reading of comments relating to a European Union (EU) Trade particular issue area, commenters are Commissioner Sir Leon Brittan and the III. Transatlantic Automotive Industry requested to divide their written EU Industry Commissioner Martin Conference on International Regulatory comments into two different sections: Bangemann. Its initial purpose was to Harmonization in Washington, DC (1) Safety and regulatory process, and generate recommendations for At the prompting of some participants (2) environment. consideration at the U.S.–EU Summit in in the Seville Conference and Madrid Written copies of oral statements: Madrid, Spain, one month later. The Summit, a broad cross-section of Safety and regulatory process issues: TABD issued recommendations industry representatives, including the Written copies of oral statements should concerning regulatory policy, trade American Automobile Manufacturers be provided to the NHTSA contact liberalization, investment and Association (AAMA), the Association of person at the address below. cooperation with developing countries. European Automobile Manufacturers Environmental issues: Written copies Among its regulatory recommendations (ACEA), the Engine Manufacturers of oral statements should be provided to were the issuance of common standards Association (EMA), automotive the EPA contact person at the address of design, performance and/or controls suppliers, and their respective below. in a number of industry sectors, associations met at the Transatlantic FOR FURTHER INFORMATION CONTACT: including the motor vehicle industry. Automotive Industry Conference on International Regulatory Harmonization NHTSA: Stanley C. Feldman, Office of II. U.S.-EU Summit in Madrid, Spain in Washington, DC, on April 10–11, Chief Counsel, National Highway Traffic Many of the TABD recommendations Safety Administration, 400 Seventh 1996. Representatives from NHTSA, were endorsed at the Madrid Summit in EPA, U.S. Department of Commerce, Street, SW., Room 5219, Washington, December 1995 by President Clinton, DC 20590, telephone (202) 366–5265, Office of the U. S. Trade Representative, European Commission (EC) President agencies of various European countries, fax (202) 366–3820. Jacques Santer, and Spanish Prime EPA: Kenneth E. Feith, Office of Air and the European Commission’s Minister Felipe Gonzalez (President of Directorate-General III—Industry, and Radiation, U.S. Environmental the European Union Council of Protection Agency, 401 M St., SW., participated in the Conference as Ministers). Those recommendations are advisors to the industry participants to Washington, DC 20460, telephone (202) codified in a ‘‘Transatlantic Agenda’’ 260–4996, fax (202) 260–9766. facilitate understanding of government and ‘‘Action Plan’’ signed by President objectives, priorities, and regulatory SUPPLEMENTARY INFORMATION: Clinton and the European Union process. officials for the purpose of creating a Table of Contents ‘‘New Transatlantic Marketplace.’’ The A. Industry Principles and I. Transatlantic Business Dialogue Meeting in Action Plan includes a call for Recommendations Seville, Spain regulatory harmonization; mutually At the conclusion of the Washington II. U.S.-EU Summit in Madrid, Spain III. Transatlantic Automotive Industry recognizing regulatory certification Conference, the industry conferees Conference on International Regulatory procedures; cooperating in the issued ‘‘Overall Conclusions’’ and Harmonization in Washington, DC. international standard setting process; ‘‘Working Papers on the Regulatory A. Industry Principles and cooperatively developing and Process, Safety and Environment.’’ Recommendations implementing regulations; and taking a (Copies of these documents have been Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30659 placed in the docket for this notice.) 2. Work through and strengthen • Develop a plan for coordinating These documents contain industry Working Party 29 to expand it into a research, both by industry and recommendations for actions by the U.S. broadly recognized body for the government; and and EU in three specific areas: (1) development of global vehicle 3 • Revise the role and structure of the Regulatory process; (2) safety; and (3) regulatory requirements. UN Economic Commission for Europe the environment. They also set forth 3. Establish a work program to (ECE) Working Party 29 so that it can principles to guide those recommended globally harmonize existing differences, function as the forum for global actions. to the maximum feasible extent. regulatory harmonization. With respect to the need for 4. Continue the process of global The industry conferees recommended harmonization, the industry conferees harmonization of vehicle regulatory that a second series of longer-term concluded in Section I of the Working requirements and expand these regulatory process actions be initiated in Papers (p. 4) that: discussions to all countries. November 1996, including: 5. Establish mutual recognized • Compliance with diverse national and Cooperation in developing new certification processes. testing procedures and regulations; and regional requirements imposes substantial • cost penalties, engineering, design and 6. In the process of global Coordination of views on emerging manufacturing constraints, as well as being harmonization: establish means to market regulations. fundamentally inconsistent with the reality incorporate functional equivalence of of a global auto market, and have therefore alternative vehicle regulatory Safety adversely affected world trade. These requirements in the regulatory process; The industry conferees agreed that inconsistencies in turn, diminish the and establish means to achieve mutual they would complete, by the time of the potential to achieve societal objectives, recognition of corresponding regulatory November 1996 TABD meeting, an notably in the field of safety and evaluation of the functional equivalence environment, and also reduce vehicle requirements. affordability and customer choice. With the 7. Coordinate pre-regulatory research of existing overlapping requirements, in rapid development of new markets in on need for and development of new conjunction with the appropriate developing nations, there is a great risk that regulatory requirements, thereby regulatory bodies. In addition, the the number of new and differing regulatory minimizing the likelihood of future industry recommended the following requirements world wide will escalate divergence. four actions by the U.S. and EU: quickly, creating new technical barriers to 8. Avoid developing unique new • Initiate a process to develop trade. national or regional technical cooperative programs in the areas of European and U.S. automakers believe that requirements without adequate common regulatory matters and this strategically uncoordinated approach no 4 longer is sustainable either in terms of justification. regulatory research programs prior to resources or results. It must be emphasized 9. Improve processes for informing the 15th International Technical that industry is still committed to abide to the public about the development of Conference on the Enhanced Safety of the high levels of safety and environmental harmonized regulatory requirements. Vehicles (ESV) conference in May 1996. protection offered by today’s standards. Yet 10. Encourage a policy of accepting • Mutually recognize certain items it seems difficult to comprehend the need for vehicles fully meeting ECE or U.S. or EU currently regulated by the U.S. and EU. multiple differing approaches to address the requirements as equivalent. (EU, These include, but are not limited to, same objectives. Australia, Canada, Japan and South windshield wiping systems, safety belts, To guide future harmonization Africa have already accepted UN–ECE steering control system impact discussions and efforts involving U.S. regulations.) The adoption of hybrid protection, and seating systems. (The and EU governments and industry, the requirements for vehicles (selectively industry conferees suggested that this industry conferees set forth the combining elements of different action be completed by November following set of principles representing jurisdictions) should be avoided. 1997.) their thinking on the subject in Section The industry conferees made the • Mutual recognition of functional II of the Working Papers (p. 6): following recommendations regarding equivalence for those requirements that regulatory process, safety, and the mandate unique equipment design or Ten First Principles for EU/US environment (except as otherwise noted, performance but do not provide Contribution to Global Harmonization the recommendations are contained in meaningful differences in motor vehicle 1. Commit to global regulatory their ‘‘Overall Conclusions):’’ safety. As explained by the industry harmonization by becoming Contracting Regulatory Process conferees in Section IV of the Working Parties to the 1958 Agreement 1 and Papers (p. 28): ‘‘mutual recognition is participating in the development of new The industry conferees recommended the process whereby two or more UN–ECE regulations with the intent of that the following actions be taken by countries/regions recognize each other’s adopting them to the maximum extent the U.S. and EU prior to the November regulatory requirements on a specific feasible.2 1996 TABD meeting: • subject as satisfying the requirements of Develop a process for agreeing upon both/all parties.’’ (The industry 1 United Nations Economic Commission for ‘‘functional equivalence’’ of dissimilar conferees suggested that this action be Europe Agreement Concerning the Adoption of existing standards addressing the same Uniform Technical Prescriptions for Wheeled completed by November 1997.) aspect of performance; • Consideration of harmonizing other Vehicles, Equipment and Parts which can be Fitted • Develop a process for mutual and/or be Used on Wheeled Vehicles and the items including, theft protection recognition of (1) similar standards Conditions for Reciprocal Recognition of Approvals systems, controls and displays, crash granted on the Basis of these Prescriptions (as addressing the same aspect of protection, bumper systems, and fuel amended). (For a brief explanation of this performance and (2) certification system integrity. Agreement, whose membership is currently procedures; primarily European, see the section IV.A.3. ‘‘UN/ Additional discussion and ECE 1958 Agreement’’ below.) recommendations about safety were 2 NHTSA has indicated that the U.S. government sections III.B. ‘‘U.S. Government Statements’’ and included in Section IV of the Working is willing to sign the Agreement if it is revised so IV.A.3. ‘‘UN/ECE 1958 Agreement’’ below.) 3 Papers (p. 31). Among them were: that the forum functions in a truly international Vehicle is defined as including equipment and • manner and adopts truly international standards. parts. By June 1996, initiate a process to Discussions are ongoing. (For additional details, see 4 As defined in WTO, Articles 2.1–2.5. establish collaborative development and 30660 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices exchange of NHTSA–EU regulatory • Conduct cooperative pre-regulatory • Only those regulations supported agendas. research leading to regulatory by careful analysis and good science are • By October 1996, complete bilateral harmonization. established as international regulations. agreement for periodic (at least semi- • Cooperate in developing markets to U. S. Environmental Protection Agency annual) NHTSA–EU meetings pre- eliminate use of ozone-depleting regulatory matters and pre-regulatory substances and leaded fuels, and adopt The EPA Chief of Staff Peter research. Such meetings should allow consistent control policies. Robertson, representing Administrator for industry participation. Browner, stated that the EPA is With respect to international research B. U.S. Government Statements committed to strengthening multilateral projects to support regulatory NHTSA efforts to protect the global environment and to develop environmental policy harmonization, the industry conferees NHTSA Administrator Ricardo suggested the following in Section IV of strategies for sustainable world-wide Martinez, M.D., told the conferees that growth with particular attention to air the Working Papers (p. 49): the agency is sympathetic to working • Develop a project to identify pollution issues. toward the goal of harmonization of technical and performance differences Mr. Robertson noted that since 1970, existing and future motor vehicle safety between selected existing Federal motor the U. S. Clean Air Act has dramatically standards, subject to the following vehicle safety standards and ECE/EU reduced air pollution. Of particular note conditions— regulatory requirements on the same is— • Assuring that there is no • aspects of motor vehicle systems, and The 98 percent reduction of lead degradation of motor vehicle safety. determine the significance of the emissions that are known to cause • Preserving the quality and performance differences with respect to infant mortality, reduced birth weights transparency of NHTSA’s regulatory motor vehicle safety performance. and childhood IQ loss. These pollution process by inviting all interested parties • Develop a project to determine reductions occurred largely because of to be heard and duly considered, traffic targets and maneuvers that need the phase-out of lead in gasoline, and including the general public. In to be seen and recognized that could controls on industrial lead sources. furtherance of this objective, Dr. • form the basis for a performance based The significant reductions in other Martinez announced plans for an common regulation on vehicle lighting. fuel combustion related pollutants such outreach meeting to ensure that • Develop a project for the next as nitrogen dioxide (NOX), known to generation of side impact testing, consumer and public interest cause lung tissue damage and increased organizations and other members of the including dummy development and respiratory illness; sulfur dioxide (SO2), injury tolerance criteria. public not present at the Conference known to cause increased respiratory • Develop a project for globally would have the opportunity to state illness, especially in asthmatics, and to their views. be a major contributor to acid rain; and acceptable frontal impact configuration. • • Develop a project for a globally Preserving NHTSA’s ability to carbon monoxide (CO), known to cause acceptable child dummy for child respond, through future rulemaking, to reduced circulation and heart damage. restraint testing. changing motor vehicle safety EPA believes the global community can • Develop a project to determine the technology and problems. realize similar benefits. cause of injuries resulting from rear Dr. Martinez also indicated that the Mr. Robertson commended the impacts that could form the basis for a agency strongly supports the automotive industries’ recognition that performance based common regulation coordination of international vehicle fuel quality plays a key role, not only in on seat strength and head restraint safety research. Given that the human vehicle performance, but also in vehicle design. body and mechanics by which trauma pollution. Clearly, significant global • Develop a project to define a occurs in vehicle crashes follow the reductions in vehicle exhaust emissions common procedure for gathering universal laws of science, Dr. Martinez will depend on the use of catalytic accident data and uniform analysis. stressed the importance of seeking converter technology. EPA therefore • Coordinate global research on common or complementary research supported industries’ recommendations glazing performance requirements. approaches by all interested countries, for the global phase-out of leaded • Math model development and and noted that the recent 15th ESV gasoline and the harmonization of validation. Conference would provide an improved fuel quality, and expressed opportunity to begin that effort. hope that their efforts would be Environment Finally, Dr. Martinez stated that the expanded to promote clean alternative The industry conferees recommended U.S. intends to sign the UN/ECE 1958 fuels for vehicles. that the following actions be taken in Agreement once the structure and EPA agrees with the industry two phases. First, they recommended activities of the Agreement’s forum, the assessment that more should be done to that the U.S. and EU take the following Working Party on the Construction of eliminate both the use and production actions before November 1996: Vehicles (WP29), are revised to ensure of ozone-depleting substances, • Prepare work plans to harmonize that the WP29 forum’s primary focus particularly in developing countries. noise, electromagnetic compatibility, will be the development of truly The U.S. phase-out of CFC’s and other and smoke test procedures; and international regulations. Among the ozone-depleting substances, in • Seek to establish formal cooperation changes necessary are those ensuring combination with international on the recognition of the principle of that— restrictions, has already produced functional equivalence of regulations, • The major vehicle producing improvements in the upper streamlining of the certification countries and/or regions have an atmosphere’s ozone layer. The processes, fuel harmonization, and appropriate voice in setting and automotive industry has played a harmonization of heavy duty implementing priorities; significant role in fostering the requirements. • Equal and transparent consideration development of alternatives to ozone- Second, they recommended that the is given to all relevant existing national depleting substances through its following actions be taken beginning in regulations in establishing international influence in the market place. EPA November 1996: regulations; and encourages the U.S. automotive Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30661 industries to continue their efforts to before multilateralizing it to include recommended at the TABD conference develop products and manufacturing other countries. in Spain and the follow-up conference processes that are free of ozone- in Washington that serious effort be IV. Public Meetings depleting substances. made to achieving a harmonized pre- EPA recognizes that harmonization of Before NHTSA and EPA decide how regulatory research agenda. regulatory test protocols, conformity to respond to the recommendations by These combined efforts culminated at assessments and, where possible, the industry conferees, they want to the 15th ESV Conference in May 1996 environmental standards are several of obtain the views of a broad spectrum of in an agreement on a globally the key elements in the equation for the public regarding the manner in harmonized research agenda that draws uniform global regulations. Absent which their regulatory harmonization upon government and industry efforts to effect a level of harmonization efforts should proceed. Among the expertise around the world in vehicle between divergent national regulations, groups not present at the Washington safety issues. Agreement on a one may anticipate the expenditure of Conference were motor vehicle harmonized research agenda should valuable resources, both national and equipment manufacturers, motor enable the vehicle safety regulatory private, to address resultant trade vehicle insurance companies, consumer agencies around the world to develop issues. EPA has committed— interest groups, the medical community, future regulations in a harmonized • To continue to actively pursue and state and local officials, and the public. fashion, reduce duplicative research and support the concept of ‘‘technical The agencies wish to obtain the views thus obtain more information for the harmonization’’ in its development of of all interested parties, including same expenditure, and address the most product performance standards and individual motor vehicle manufacturers. pressing safety problems on a regulations. To this end, comments and To provide a focus for the public consistent, world wide basis. As a recommendations are solicited from all comments, this document briefly result, the participating countries will interested parties as to how EPA might discusses the broad subject areas and be able to minimize the differences improve public participation in its then sets forth a series of questions and between countries in regulatory rulemaking activities. issues that the agencies would like the requirements without lowering safety or • To continue to exercise care in public to address. The agencies believe environmental protection, thus assessing potential adverse impacts that that while there are problems and risks providing economies of scale in the a specific harmonization action may associated with harmonization, properly manufacturing arena and reducing costs have on current or future environmental conducted efforts to harmonize vehicle for the consumer. goals. research and regulation have the The agreement identifies 6 research • As a matter of policy, not to potential for enabling the vehicle priorities and designates a lead country undertake the harmonization of regulatory agencies around the world to or organization for each— environmental standards or regulations regulate ‘‘smarter and cheaper,’’ while • Biomechanics—(U.S.) Efforts will if such harmonization will result in increasing levels of safety and be made to develop injury measurement decreased environmental benefits. environmental protection. surrogates for the head, neck, face, • To participate, to the extent A. Discussion of Safety and Process thorax, and lower limbs and to develop possible, in any harmonization activity Issues test procedures for all crash modes. The that contributes to improving the global fact that these parts of the human environment. 1. Harmonized Research anatomy do not differ from continent to • To give careful consideration to NHTSA has advanced the concept of continent is a powerful argument for policies on trade and the environment a harmonized research agenda since the cooperative effort in the development of that are mutually supportive, thus 1970’s. The agency made several efforts such surrogates. satisfying both environmental as well as in the late 1970’s and early 1980’s to • Functional equivalence—(U.S./ trade objectives. develop a harmonized test procedure for Australia) The U.S., in cooperation with EPA believes that, in order for the measuring side impact performance. Australia, will seek to develop the U.S. to become a contracting party to the However, the rapidly changing technical and scientific aspects of an UN/ECE 1958 Agreement, the regulatory priorities during that period acceptable model for determining the Agreement should be revised to on both sides of the Atlantic precluded functional equivalence of existing incorporate the following principles— the achievement of harmonized regulatory requirements. • Open membership. requirements for side impact protection. • Advanced Offset Frontal Crash • Transparent proceedings. The globalization of the motor vehicle Protection—(EC/European Experimental • Equitable voting structure. industry and the budgetary constraints Vehicle Committee (EEVC)) Europe has • Consideration of relevant national imposed on all government activities are been working for some time to develop regulations in the development of global leading regulatory agencies to cooperate and establish a frontal crash protection regulations. in developing the supporting technical regulation and has chosen the route of basis for new regulations and significant an offset crash test as the means of Department of Commerce amendments to existing regulations. achieving improved frontal protection. Under Secretary of Commerce for NHTSA’s renewed push for harmonized The U.S. has been cooperating in that International Trade Stuart Eizenstat research began in February 1995 when development because it is concerned identified some of the parameters of the agency issued a letter proposing the about the high number of fatalities that harmonization efforts. He emphasized possibility of using the recent 15th ESV occur in frontal crashes that are not the importance of continuing dialogue Conference to reach agreement on a being mitigated by the existing frontal and stated that the aim of such efforts globally harmonized research agenda. protection regulation. Thus, the should be harmonizing differing Dr. Martinez followed that initiative by development of harmonized test standards, without lowering them to presenting a multi-point plan for procedures based on real world crashes achieve unity. Further, he stressed that harmonized research at the 107th to assess safety performance and harmonization should be pursued on a meeting of WP29 in November 1995. On compatibility for offset frontal crashes bilateral basis between the U.S. and EU a parallel track, the vehicle industry should serve as a common basis for 30662 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices further development of frontal crash on an assessment of ‘‘functional At the 15th ESV Conference, Dr. protection regulations. equivalence’’ of comparable regulatory Martinez discussed some of the • Vehicle Compatibility—(EC/EEVC) requirements, under which two or more challenges in making functional This issue will be explored in two countries or regions recognize each equivalence determinations. He noted stages: car-to-car compatibility; and then other’s regulatory requirements on a that the purpose of determining whether car-to-truck compatibility. Recent and specific subject as satisfying each existing standards are ‘‘functionally upcoming changes to vehicle structures other’s policy objectives. equivalent’’ is that— and restraint systems in response to The industry conferees concluded (I)f two different countries have regulations requirements for frontal and side impact that once a process for mutual addressing the same aspect of a problem and protection will increase the importance recognition is developed, it should then accomplishing similar results, compliance of questions about the compatibility of be applied, by November 1997, to with either regulation should be acceptable small and large light vehicles. certain items currently regulated by to both countries. • Pedestrian Safety—(Japan) both the U.S. and EU. These items While determining functional equivalence Pedestrian fatality and injury levels are include, but are not limited to, sounds simple in concept, it may not a serious safety problem worldwide. necessarily be easy to do in practice. There windshield wiping systems, safety belts, is a need to define what is meant by saying Thus, efforts will be made to develop a steering control system impact harmonized test procedure based on real that two regulations ‘‘accomplish essentially protection, and seating systems. The the same purpose’’ and to agree on what world crashes to assess the safety industry conferees also concluded that methods should be used to determine when performance of passenger vehicles in mutual recognition should be accorded, that definition is satisfied. If two different their interaction with pedestrians. The by November 1997, to functionally regulations addressing the same problem are results should form the basis for a equivalent requirements that mandate stated in nearly identical terms, it should be harmonized approach to regulations unique equipment design or relatively easy to obtain agreement on whether they are functionally equivalent. applicable worldwide. performance but do not provide Intelligent Transportation Systems— Typically, however, regulatory meaningful differences in motor vehicle (Canada) This effort will be aimed at requirements are not stated in identical safety. developing test procedures to assess terms. Some regulations are based on a. Functional Equivalence of driver/vehicle interaction of crash performance, while others are based on Regulatory Requirements. The industry design. Even if the two regulations avoidance and driver enhancement in- conferees in Washington recommended addressing the same general problem are both vehicle systems. Although the systems the development of a process for based on performance, they may reflect may be different in different parts of the agreeing upon functional equivalence of entirely different approaches to solving the world, the standards measuring their underlying safety problem. Finally, the regulatory standards. The industry crash avoidance and driver regulations may differ substantially in their conferees suggested further that the enhancement performance should be test procedures, and may cover different following five criteria be considered for common to all. specific aspects of a general safety problem. Although the schedule varies for the use by regulatory agencies in Before any regulatory body can reasonably 6 priority areas, all are intended to be determining functional equivalence for conclude that a regulation of another country is functionally equivalent to one of its own pursued urgently. None of the priority motor vehicle safety requirements: 1. Same/equivalent regulatory regulations and permit compliance with the activities are to take more than 5 years. foreign regulation as an alternative to its Some, including the functional language or same/equivalent intent or purpose. existing regulation, it must assess and equivalence effort, are on a much faster consider the safety consequences of granting track. 2. Same/equivalent design execution that permission. Once ‘‘functional To ensure steady progress and to meet regulatory requirements. equivalence’’ is defined, many scientific adherence to schedule, follow-up 3. Substantial and substantive techniques, such as crash data analysis, meetings will be held on a roughly successful prior experience with analytic modeling and comparative testing, semi-annual basis. An implementation acceptance of differing regulations, can be used to help assess whether different review meeting will be held in concerning the same systems in a single requirements are functionally equivalent. conjunction with, but not as part of, the jurisdiction. b. Certification. The processes for November 1996 meeting of WP29. 4. Same/equivalent test performance certification of compliance with motor International meetings of the Society of levels. vehicle safety and environmental Automotive Engineers and various 5. No substantive safety performance regulations in the U.S. and Europe are international forums as well as future difference based upon field crash injury based on fundamentally different ESV meetings will also be used to report data assessment. principles. In Europe, and in the U.S. so on progress in implementing the The industry conferees noted that far as emission regulations are research plans developed by the lead where divergent requirements exist, concerned, manufacturers obtain type countries and organizations. more objective comparative assessments approval certificates from governmental could be needed to provide a agencies that their vehicles comply with 2. Mutual Recognition determination of functional the requirements before they are offered The industry conferees recommended equivalence. For example, additional for sale or allowed to be driven on the the development of a process for criteria may have to be developed with road. In the U.S., although ‘‘mutual recognition’’ of regulatory respect to analytical modeling, jury manufacturers must self-certify that they requirements and certification assessment, comparative testing, and comply with the Federal motor vehicle procedures. They stated that it is an real world crash data analysis. safety and noise emission standards essential feature of the harmonization The industry conferees stated that before their vehicles are offered for sale, process that products complying to a AAMA and ACEA are committed to they have no initial obligation to prove harmonized requirement are accepted, completing functional equivalence compliance with the regulations to a or ‘‘mutually recognized,’’ by all assessments for all regulatory governmental agency. countries that are party to the requirements listed in Attachment IV–1 The industry conferees noted that harmonization agreement. Mutual to the Safety Working Paper. (See the while global harmonization may recognition is a process, based largely Appendix to this notice.) proceed on the basis of common Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30663 technical requirements alone, e.g., by of Principal Elements of U.S. Proposed assessments could be needed to provide means of findings of functional Amendments to the WP29 Agreement,’’ a determination of functional equivalence, it may also be desirable to which has been placed in the docket for equivalence. For example, would have one mutually acceptable this notice. additional criteria have to be developed certification process. with respect to analytical modeling, jury B. Topics for the Public Meetings 3. UN-ECE 1958 Agreement assessment, comparative testing, and 1. Safety and Process Issues real world crash data analysis? NHTSA and EPA are participating, on a. Harmonized Research. 12. Should ‘‘functional equivalence’’ behalf of the United States Government, serve as the basis for mutual recognition in negotiations regarding a U.S. 1. What actions are needed by the U.S. to ensure a continuing commitment by two or more countries of their proposed revision to the UN/ECE 1958 regulatory requirements? Agreement. The current Agreement to coordinated research? 13. Although there is general provides procedures for establishing 2. What kinds of data would be agreement that harmonization must not uniform regulations regarding new necessary to evaluate the effect on result in a reduction in real world safety motor vehicles and motor vehicle highway deaths and injuries of different or environmental performance, on what equipment and for reciprocal standards addressing similar safety basis should this judgment be made? recognition of type approvals issued issues (e.g., frontal crashes, side impact, pursuant to such regulations primarily safety belt strength, etc.)? 14. Can the ‘‘harm reduction’’ analysis for use in Europe. It has succeeded in 3. If government agencies are to mentioned in the Section IV of the harmonizing many of the European cooperate in their research on future Working Papers and used by the vehicle safety and noise emission rulemaking, must there be a single set of Australian Federal Office of Road Safety standards. In addition, some ECE data to serve as the basis of such in comparing the benefits of the U.S. Regulations are recognized or applied rulemaking? side impact standard (Federal Motor by some countries in non-European 4. Could governments expect to derive Vehicle Safety Standard (FMVSS) No. areas such as Asia, Australia, South any financial benefits from such 214) and EU side impact standard (ECE Africa and South America. The cooperative research programs, as R95) be used generally to compare the Agreement is administered by the compared with independently funding benefits of U.S. and EU standards? The Working Party on the Construction of independent research? harm reduction method adopts a Vehicles (WP29), a subsidiary group of 5. Please comment on the research ‘‘systematic approach to estimating the ECE. priorities agreed to at the 15th ESV benefits by body region injured for a NHTSA and EPA recognize the value Conference. range of suitable variables and uses of a truly global standards 6. Are there other research issues, in objective performance data to establish harmonization forum, but believe that addition to the six designated as likely injury reductions.’’ WP29 has not yet evolved into one. priorities at the 15th ESV Conference, Another methodology for estimating Accordingly, while the U.S. is a member that should be on the agenda of globally benefits is NHTSA’s ‘‘cost per of the UN/ECE, it is not a Contracting harmonized research? If so, please equivalent life saved.’’ 5 In the Party to the Agreement. explain why they should be added. environmental area, there is the EPA’s In November 1995, at the 107th 7. What steps should be taken to ‘‘cost per ton of pollution removed’’ session of WP29 in Geneva, inform and involve the vehicle industry, methodology. Are there other Switzerland, the U.S. stated its criteria the insurance companies, consumers comparative methods that might be for revising the 1958 Agreement to groups, medical community and other considered? What practical problems or create a truly global forum, which interested groups and individuals limitations would those methods have? would include a process for developing regarding each priority research area? How could those problems and globally harmonized regulations. These b. Mutual Recognition. (If a limitations be overcome or at least criteria addressed both the process of commenter believes that its answer to minimized? harmonization in which nations could any question would be the same for both NHTSA notes that the harm reduction engage if they so choose and the rights crash avoidance standards and analysis of the side impact regulations of nations on voting, adoption of global crashworthiness standards and/or air mentioned above considered benefits technical regulations, and accession to and noise emission standards, please so only. While the primary question in the agreement. Dr. Martinez declared indicate. Conversely, if the answer determining functional equivalence the intent of the U.S. to sign an would be different, please indicate how, would be the relative benefits of two agreement if it satisfied those criteria. and why. Similarly, please indicate if an regulations addressing the same issue, NHTSA and EPA note that signing answer would be the same with respect NHTSA must consider costs as well as such an agreement would not commit to standards that yield relatively high the U.S. to adopting regulations benefits and standards that yield 5 In addressing the impact of proposed harmonized under that agreement. relatively low benefits.) regulations, NHTSA performs a cost effectiveness Adoption of those standards would be 8. How should ‘‘functional analysis in which nonfatal injuries are valued voluntary. The U.S. would sign a equivalence’’ be defined? relative to a fatality. These ‘‘equivalent fatalities’’ are then added to fatalities to determine the total revised agreement only under terms that 9. What criteria should be used in equivalent fatalities prevented. Any monetary reserve the decision about adoption of determining the functional equivalence impacts which are not directly associated with any harmonized regulation contingent of two standards? bodily injury, such as property damage or travel upon the normal U.S. rulemaking 10. Are the criteria suggested by the delay, are deducted from the cost of the countermeasure. The remaining net cost is then processes under the Administrative industry conferees suitable for use by divided by the total equivalent fatalities to Procedure Act and authorizing statutes regulatory agencies in determining determine the net cost per equivalent fatality. This of NHTSA and EPA. functional equivalence for both motor represents the money society must spend under the NHTSA and EPA revised and vehicle safety and environmental proposed countermeasure to prevent one death, or its equivalent in nonfatal injuries. Policy makers expanded upon their criteria at the requirements? assess this cost in light of current economic, social, Washington Conference. Those criteria 11. Where divergent requirements and political considerations before determining are contained in a document, ‘‘Synopsis exist, more objective comparative whether to require new safety features. 30664 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices benefits in issuing or amending a WP29 with the intent of adopting them statements. However, the public may FMVSS. into law, to the extent possible, and for submit, in writing, suggested questions (A copy of the analysis, ‘‘Harm WP29 to fulfill this task? for the officials to consider addressing Reduction for Estimating 22. The statutory provisions to the presenters. Countermeasure Benefits,’’ by Brian authorizing NHTSA’s and EPA’s To facilitate communication, NHTSA Fildes and Kennerly Digges, has been standard setting and the Administrative will provide auxiliary aids to placed in the docket for this notice.) Procedures Act would prevent both participants as necessary, during the 15. Is the process underlying the agencies from committing to adopt meetings. Thus, any person desiring format for making a functional international regulations adopted by assistance of ‘‘auxiliary aids’’ (e.g., sign- equivalence determination shown in WP29, now or in the future. However, language interpreter, Attachment IV–2 to the Safety Working it would be permissible to establish a telecommunications, devices for deaf Paper a suitable basis for determining policy of publishing notices requesting persons (TDDs), readers, tape texts, functional equivalence between U.S. public comment on new regulations as braille materials, or large print materials and EU standards? For an example of they are adopted by WP29. Were the and/or magnifying device), should the process format, see the Appendix to UN/ECE 1958 Agreement revised inform the NHTSA contact person. this notice. sufficiently to make it appropriate for 2. Written Comment Procedures the U.S. to become a Contracting Party, 16. If there were an accepted body of Any interested person can submit data that describes the real world should NHTSA and EPA consider establishing such a policy? written comments in response to this performance of a given requirement, notice. Persons wishing to submit would a regulatory agency have the 4. Environmental Issues. The public meeting on July 11 will focus on the written comments need not attend the ability to justify a statement that two meeting. It is requested, but not different regulations, addressing the issues in the Working Paper on the Environment (Section V). required, that 10 copies be submitted. same aspect of motor vehicle safety or All written comments must not environmental pollution, are 5. Other Issues. NHTSA and EPA invite comment on any other issues exceed 15 pages in length. (49 CFR functionally equivalent? 553.21). Necessary attachments may be 17. If scientific techniques such as raised by the ‘‘Overall Conclusions’’ and ‘‘Working Papers’’ of the Washington appended to these submissions without crash data analysis, analytic modeling, regard to the 15-page limit. This and comparative testing were applied to Conference and any other issue relevant to international harmonization. limitation is intended to encourage understanding real world safety commenters to detail their primary performance of differing regulatory C. Procedural Matters regarding the arguments in a concise fashion. requirements, would there be an Public Meetings and Written Comments To facilitate the distribution and objective basis for defending a judgment reading of comments relating to a 1. Public Meeting Procedures of a functional equivalence? particular issue area, commenters are 18. How are the problems of All interested persons and requested to divide their written harmonization between a regulatory organizations are invited to attend the comments into two segments: (1) safety system based on self-certification and meetings. Persons wishing to speak at and regulatory process, and (2) one based on type approval to be the public meeting regarding safety and environment. minimized? Is it practicable to have one regulatory process issues should so All comments received before the mutually acceptable certification inform the NHTSA contact person by close of business on the comment process? If so, what steps should be July 5, 1996. Persons wishing to speak closing date indicated will be taken to move in that direction? at the public meeting regarding considered, and will be available for 19. What impact would mutual environmental issues should so inform examination in the docket at the above recognition have on NHTSA’s and/or the EPA contact person by July 5, 1996. address both before and after that date. EPA’s compliance testing? What A schedule of persons making oral Comments filed after the closing date implications would amending the statements will be available in the will also be docketed and, to the extent FMVSSs to permit compliance with designated meeting room at the possible, considered. The agencies will functionally equivalent ECE regulations beginning of the meetings. continue to file relevant information in have for NHTSA’s compliance testing Oral statements should be limited to their respective dockets as it becomes costs and enforcement? What 20 minutes. If the number of requests for available after the closing date. implications would amending the EPA oral statements exceeds the available Accordingly, it is recommended that air and noise emission regulations have time, the agencies may ask prospective interested persons continue to examine for EPA’s compliance testing costs and speakers and organizations with similar the docket for new material. enforcement? views to combine or summarize their Those persons desiring to be notified c. UN/ECE 1958 Agreement. (The first statements. If the statement will include upon receipt of their written comments two questions below are based on slides, motion pictures, or other visual in the rules docket should enclose a recommendations by the industry aids, please inform the NHTSA contact self-addressed, stamped postcard in the conferees in Section III of the Working person so that the proper equipment envelope with their comments. Upon Papers.) may be made available. NHTSA will receiving the comments, the docket 20. Would it be possible for the U.S. place a copy of any written statement supervisor will return the postcard by to participate in the development of for oral presentation in the docket for mail. new regulatory requirements through this notice. A verbatim transcript of the If a commenter wishes to submit WP29 with the intent of adopting them meetings will be prepared and also certain information relating to safety or into national or regional laws, to the placed in the docket as soon as possible regulatory process under a claim of extent possible? after the meeting. confidentiality, three copies of the 21. What actions are statutorily or The presiding officials may ask complete submission, including administratively necessary to permit the questions of any person making an oral purportedly confidential business U.S. to participate in the development statement. The public may not directly information, should be submitted to the of new regulatory requirements through question persons making oral Chief Counsel, NHTSA, at the street Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30665 address given above, and seven copies forth the information specified in the the commenter should contact the office from which the purportedly confidential agency’s confidential business of the EPA General Counsel. information has been deleted should be information regulation. 49 CFR Part 512. Issued on: June 12, 1996. submitted to the Docket Section. A If a commenter wishes to submit certain Frank Turpin, request for confidentiality should be information relating to environmental Director, NHTSA Office of International accompanied by a cover letter setting issues under a claim of confidentiality, Harmonization.

APPENDIXÐFMVSS 209 77/541/EEC, ECE R16 SAFETY BELTS [Safety Working Paper, Attachment IV±2, Functional Equivalent Process]

Technical dif- Performance dif- Item FMVSS EU ECE ferences in regu- ferences for Prodcut impact Safety lations products benefits

Subject ...... Seat belt assem- Safety belts and Safety belts and bliesÐ209. Restraint Sys- Restraint Sys- tems for Adult tems for Adult Occupants of Occupants of Power-driven Power-driven VehiclesÐ77/ VehiclesÐ 541/EEC. ECE R±16. Vehicle Applica- Passenger cars, Power-driven ve- Power-driven ve- 77/541/EEC is tion. MPV's, trucks hicles with hicles with applicable to and buses. four wheels, a three or more M1 vehiclesÐ design speed wheels and in- a passenger > 25 km/h and tended for use vehicle with a intended as as individual capacity of 9 individual equipment, by passengers or equipment by persons of less including adult persons adult build oc- driver. in forward fac- cupying seats ing position. facing forward. Safety Belt Sys- Type 2 front and Type A (lap/ Type A (lap/ Basically the ...... Seat belt sys- tem Hardware rear outboard shoulder belt) shoulder belt) same for three tems hard- Application. seat positions. for front and for front and and two point ware are basi- Type 1 or 2 rear outboard rear outboard belt systems. cally the front and rear seat positions. seat positions. Except (1) same, except center seat Type A or B Type A or B EEC/ECE re- for compliance positions. (lap belt) in (lap belt) in tractors re- to some FMVSS 208 front and rear front and rear quire two unique per- upper torso center posi- center posi- emergency formance re- requires emer- tions. tions. locking sen- quirements gency locking sors; FMVSS and proce- retractor, 209 requires dures noted lower torso one. (2) below. (lap belt) re- FMVSS 209 quires ELR, requires a ALR or man- child seat ual adjustment locking device device. [except driv- er's seat] that is integral with belt & retrac- tor assembly. 30666 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

APPENDIXÐFMVSS 209 77/541/EEC, ECE R16 SAFETY BELTSÐContinued [Safety Working Paper, Attachment IV±2, Functional Equivalent Process]

Technical dif- Performance dif- Item FMVSS EU ECE ferences in regu- ferences for Prodcut impact Safety lations products benefits

Test Procedures Webbing Sen- Webbing Sen- FMVSS 209 ...... Both FMVSS Compliance with and Require- sitivity: If the sitivity: Retrac- does not re- 209 and 77/ EEC/ECE re- ments. retractor is tor must not quire locking 541/EEC.ECE quirements sensitive to lock at strap by this re- 16 have a no- may be con- webbing with- accelerations quirement. lock require- sidered a nui- drawal it must of less than ment, but only sance to U.S. not lock be- 0.8g in the di- 77/541/ consumers fore the web- rection of EEC.ECE 16 because of bing extends 2 unreeling. If has a lock re- higher fre- inches (50.8 locking does quirement. quency of belt mm) when the not occur be- This does not lock-ups. retractor is fore 50 mm of have any ef- subjected to webbing is fect on retrac- an accelera- unwound, this tor lock-up be- tion < or = to is considered cause both 0.3gÐtest satisfied. Re- regulations with webbing tractorÐmust have a vehicle at 75% exten- lock within 50 sensing lock- sionÐapply mm of strap up feature as acceleration of movement at a primary 0.3g within webbing accel method. EEC/ 0.05 seconds relative to the ECE requires or at a rate > retractor of not two methods or = to 6g's/ less than of sensing sec. 2.0gÐtest emergency (or with 300 mm inertia) lock- + or¥3mm of up, whereas webbing re- FMVSS re- maining in the quires only retractorÐ one. Apparent apply accel at benefit is that a rate > 25 occupant can g's/sec and < verify that the 150 g's/sec. retractor will lock-up by quickly pulling on belt. This feature is con- sidered as a back-up to ve- hicle sensing lock-up, even though there is no evidence that such a feature is re- quired.

U.S./EU Harmonization—Examples of Impact protection for the driver from the Seat belt assemblies Performance Elements Regulated in the steering control system Seat belt assembly anchorages U.S. and EU Steering control rearward displacement Child restraints systems Glazing materials Seating reference point Safety Working Paper, Attachment IV–1, Door locks and door retention Side impact anthropomorphic test EU/U.S. Listing of Regulations components dummy Short Term Seating systems Long Term Medium Term Windshield defrosting and defogging Occupant crash protection in frontal Controls and displays systems impact Windshield wiping and washing Lamps, reflective devices and associated equipment Side impact protection systems Occupant protection in interior impact Tire selection and rims Rearview mirrors Theft protection (other than frontal) Headlamp concealment devices Vehicle identification number—basic Fuel system integrity Occupant protection in interior impact requirements Flammability of interior materials (frontal) Air brake systems Bumpers Head restraints Passenger car brake systems Side impact barrier Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30667

Child anthropomorphic test dummies formal expressions of intent to file an ACTION: Notice of calculation and 3 [FR Doc. 96–15331 Filed 6–12–96; 5:03 pm] OFA under 49 CFR 1152.27(c)(2), and interest. trail use/rail banking requests under 49 BILLING CODE 4910±59±P CFR 1152.29 4 must be filed by June 27, SUMMARY: This notice advises the public 1996. Petitions to reopen or requests for of an increase in the quarterly Internal Revenue Service interest rates used to Surface Transportation Board 1 public use conditions under 49 CFR 1152.28 must be filed by July 8, 1996, calculate interest on overdue accounts [STB Docket No. AB±290 (Sub-No. 182X)] with: Office of the Secretary, Case and refunds of Customs duties. For the Control Branch, Surface Transportation quarter beginning July 1, 1996, the rates Norfolk Southern Railway CompanyÐ Board, 1201 Constitution Avenue, N.W., will be 8 percent for overpayments and Abandonment ExemptionÐin Washington, DC 20423. 9 percent for underpayments. This Claiborne and Campbell Counties, TN A copy of any petition filed with the notice is published for the convenience Norfolk Southern Railway Company Board should be sent to applicant’s of the importing public and Customs (NS) filed a notice of exemption under representative: James R. Paschall, personnel. 49 CFR 1152 Subpart F—Exempt General Attorney, Norfolk Southern EFFECTIVE DATE: July 1, 1996. Abandonments to abandon 14.3 miles of Corporation, Three Commercial Place, FOR FURTHER INFORMATION CONTACT: its line of railroad between milepost Norfolk, VA 23510. Harry Bunn, Accounting Services O.O-TC at Arco Junction and milepost If the verified notice contains false or Division, Accounts Receivable Group, 14.3–TC at Arco, in Claiborne and misleading information, the exemption 6026 Lakeside Boulevard, Indianapolis, Campbell Counties, TN. is void ab initio. Indiana 46278, (317) 298–1200, NS has certified that: (1) no local NS has filed an environmental report extension 1252. traffic has moved over the line for at which addresses the abandonment’s least 2 years; (2) any overhead traffic on effects, if any, on the environment and SUPPLEMENTARY INFORMATION: the line can be rerouted; (3) no formal historic resources. The Section of Background complaint filed by a user of rail service Environmental Analysis (SEA) will Pursuant to 19 U.S.C. 1505 and on the line (or by a State or local issue an environmental assessment (EA) Treasury Decision 85–93, published in government entity acting on behalf of by June 21, 1996. Interested persons the Federal Register on May 29, 1985 such user) regarding cessation of service may obtain a copy of the EA by writing (50 FR 21832), the interest rate paid on over the line either is pending with the to SEA (Room 3219, Surface applicable overpayments or Board or with any U.S. District Court or Transportation Board, Washington, DC underpayments of Customs duties shall has been decided in favor of 20423) or by calling Elaine Kaiser, Chief be in accordance with the Internal complainant within the 2-year period; of SEA, at (202) 927–6248. Comments Revenue Code rate established under 26 and (4) the requirements at 49 CFR on environmental and historic U.S.C. 6621 and 6622. Interest rates are 1105.7 (environmental reports), 49 CFR preservation matters must be filed determined based on the short-term 1105.8 (historic reports), 49 CFR within 15 days after the EA becomes Federal rate. The interest rate that 1105.11 (transmittal letter), 49 CFR available to the public. Treasury pays on overpayments will be 1105.12 (newspaper publication), and Environmental, historic preservation, the short-term Federal rate plus two 49 CFR 1152.50(d)(1) (notice to public use, or trail use/rail banking percentage points. The interest rate paid governmental agencies) have been met. conditions will be imposed, where As a condition to use of this appropriate, in a subsequent decision. to the Treasury for underpayments will exemption, any employee adversely be the short-term Federal rate plus three Decided: June 11, 1996. percentage points. The rates will be affected by the abandonment shall be By the Board, David M. Konschnik, protected under Oregon Short Line R. rounded to the nearest full percentage. Director, Office of Proceedings. The interest rates are determined by Co.—Abandonment—Goshen, 360 I.C.C. Vernon A. Williams, 91 (1979). To address whether this the Internal Revenue Service on behalf Secretary. condition adequately protects affected of the Secretary of the Treasury based employees, a petition for partial [FR Doc. 96–15294 Filed 6–14–96; 8:45 am] on the average market yield on revocation under 49 U.S.C. 10502(d) BILLING CODE 4915±00±P outstanding marketable obligations of must be filed. the U.S. with remaining periods to Provided no formal expression of maturity of 3 years or less, and fluctuate intent to file an offer of financial DEPARTMENT OF THE TREASURY quarterly. The rates effective for a assistance (OFA) has been received, this quarter are determined during the first- exemption will be effective on July 17, Customs Service month period of the previous quarter. 1996, unless stayed pending The rates of interest for the fourth Quarterly IRS Interest Rates Used in quarter of fiscal year (FY) 1996 (the reconsideration. Petitions to stay that do Calculating Interest on Overdue not involve environmental issues,2 period of July 1–September 30, 1996) Accounts and Refunds on Customs are increased to 8 percent for Duties 1 The ICC Termination Act of 1995, Pub. L. No. overpayments and 9 percent for 104–88, 109 Stat. 803, which was enacted on AGENCY: Customs Service, Treasury. underpayments. These rates will remain December 29, 1995, and took effect on January 1, in effect through September 30, 1996, 1996, abolished the Interstate Commerce Commission and transferred certain functions to the of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any and are subject to change for the first Surface Transportation Board (Board). This notice request for a stay should be filed as soon as possible quarter of FY–1997 (the period of relates to functions that are subject to the Board’s so that the Board may take appropriate action before October 1–December 31, 1996). jurisdiction pursuant to 49 U.S.C. 10903. the exemption’s effective date. Dated: June 12, 1996. 2 The Board will grant a stay if an informed 3 See Exempt. of Rail Abandonment—Offers of decision on environmental issues (whether raised Finan. Assist., 4 I.C.C.2d 164 (1987). Samuel H. Banks, by a party or by the Board’s Section of 4 The Board will accept late-filed trail use Acting Commissioner of Customs. Environmental Analysis in its independent requests so long as the abandonment has not been investigation) cannot be made before the consummated and the abandoning railroad is [FR Doc. 96–15317 Filed 6–14–96; 8:45 am] exemption’s effective date. See Exemption of Out- willing to negotiate an agreement. BILLING CODE 4820±02±P 30668 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Internal Revenue Service Request for Comments SUPPLEMENTARY INFORMATION: Title: Race and National Origin Proposed Collection; Comment Comments submitted in response to Identification. Request for Form 2678 this notice will be summarized and/or included in the request for OMB OMB Number: 1545–1398. Form Number: Form 9620. AGENCY: Internal Revenue Service (IRS), approval. All comments will become a Abstract: This form on its own and Treasury. matter of public record. Comments are invited on: (a) whether the collection of when combined with other Internal ACTION: Notice and request for Revenue Service tracking forms will comments. information is necessary for the proper performance of the functions of the allow the Service to determine its agency, including whether the applicant/employee pool, and thereby, SUMMARY: The Department of the enhance its recruitment plan. It will also Treasury, as part of its continuing effort information shall have practical utility; (b) the accuracy of the agency’s estimate allow the IRS to determine how its to reduce paperwork and respondent diversity/EEO efforts are progressing, burden, invites the general public and of the burden of the collection of information; (c) ways to enhance the and to determine adverse impact on the other Federal agencies to take this employee selection process. opportunity to comment on proposed quality, utility, and clarity of the information to be collected; (d) ways to Current Actions: The only change to and/or continuing information Form 9620 is the addition of the gender collections, as required by the minimize the burden of the collection of information on respondents, including (male and female). Paperwork Reduction Act of 1995, Type of Review: Revision of a through the use of automated collection Public Law 104–13 (44 U.S.C. currently approved collection. 3506(c)(2)(A)). Currently, the IRS is techniques or other forms of information Affected Public: Individuals or soliciting comments concerning Form technology; and (e) estimates of capital households, and the Federal 2678, Employer Appointment of Agent. or start-up costs and costs of operation, Government. maintenance, and purchase of services DATES: Written comments should be Estimated Number of Respondents: to provide information. received on or before August 16, 1996 50,000. to be assured of consideration. Approved: June 7, 1996. Estimated Time Per Respondent: 3 Garrick R. Shear, minutes. ADDRESSES: Direct all written comments IRS Reports Clearance Officer. Estimated Total Annual Burden to Garrick R. Shear, Internal Revenue Hours: 2,500. Service, room 5571, 1111 Constitution [FR Doc. 96–15328 Filed 6–14–96; 8:45 am] Avenue NW., Washington, DC 20224. BILLING CODE 4830±01±U Request for Comments FOR FURTHER INFORMATION CONTACT: Comments submitted in response to Requests for additional information or Proposed Collection; Comment this notice will be summarized and/or copies of the information collection Request for Form 9620 included in the request for OMB should be directed to Carol Savage, approval. All comments will become a (202) 622–3945, Internal Revenue AGENCY: Internal Revenue Service (IRS), matter of public record. Comments are Service, room 5569, 1111 Constitution Treasury. invited on: (a) whether the collection of Avenue NW., Washington, DC 20224. ACTION: Notice and request for information is necessary for the proper performance of the functions of the SUPPLEMENTARY INFORMATION: comments. agency, including whether the Title: Employer Appointment of SUMMARY: The Department of the information shall have practical utility; Agent. Treasury, as part of its continuing effort (b) the accuracy of the agency’s estimate OMB Number: 1545–0748. to reduce paperwork and respondent of the burden of the collection of Form Number: Form 2678. burden, invites the general public and information; (c) ways to enhance the Abstract: Internal Revenue Code other Federal agencies to take this quality, utility, and clarity of the section 3504 authorizes a fiduciary, opportunity to comment on proposed information to be collected; (d) ways to agent or other person to perform acts of and/or continuing information minimize the burden of the collection of an employer for purposes of collections, as required by the information on respondents, including employment taxes. Form 2678 is used to Paperwork Reduction Act of 1995, through the use of automated collection empower an agent with the Public Law 104–13 (44 U.S.C. techniques or other forms of information responsibility and liability of collecting 3506(c)(2)(A)). technology; and (e) estimates of capital and paying the employment taxes Currently, the IRS is soliciting or start-up costs and costs of operation, including backup withholding and comments concerning Form 9620, Race maintenance, and purchase of services filing the appropriate tax return. and National Origin Identification. to provide information. Current Actions: There are no changes DATES: Written comments should be Approved: June 12, 1996. being made to this form at this time. received on or before August 16, 1996 Garrick R. Shear, Type of Review: Extension of a to be assured of consideration. IRS Reports Clearance Officer. currently approved collection. ADDRESSES: Direct all written comments [FR Doc. 96–15329 Filed 6–14–96; 8:45 am] Affected Public: Business or other for- to Garrick R. Shear, Internal Revenue BILLING CODE 4830±01±U profit organizations, not-for-profit Service, room 5571, 1111 Constitution institutions, farms and the Federal Avenue NW., Washington, DC 20224. Government. FOR FURTHER INFORMATION CONTACT: Proposed Collection; Comment Estimated Number of Respondents: Requests for additional information or Request for Form 8233 95,200. copies of the information collection AGENCY: Internal Revenue Service (IRS), Estimated Time Per Respondent: 30 should be directed to Carol Savage, Treasury. minutes. (202) 622–3945, Internal Revenue ACTION: Notice and request for Estimated Total Annual Burden Service, room 5569, 1111 Constitution comments. Hours: 47,600. Avenue NW., Washington, DC 20224. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30669

SUMMARY: The Department of the United States. This identification ties in 103–446, gives notice that a meeting of Treasury, as part of its continuing effort with the visa type and number issued by the Advisory Committee on Minority to reduce paperwork and respondent INS. Veterans will be held July 12, 1996, in burden, invites the general public and 3. Line 5b is new. Many recently Washington, DC. The purpose of the other Federal agencies to take this ratified treaties require that specified Advisory Committee on Minority opportunity to comment on proposed conditions must be met before income Veterans is to advise the Secretary of and/or continuing information can by fully or partially exempted, and/ Veterans Affairs on the administration collections, as required by the or provide a specific dollar limit. of VA benefits and services for minority Therefore, it is necessary that both Paperwork Reduction Act of 1995, veterans and to assess the needs of Public Law 104–13 (44 U.S.C. total income and the amount of the minority veterans and evaluate whether 3506(c)(2)(A)). income which is exempt from tax be Currently, the IRS is soliciting reported. VA compensation, medical and comments concerning Form 8233, 4. Line 3d on the current version has rehabilitation services, outreach, and Exemption From Withholding on been deleted. other programs are meeting those needs. Compensation for Independent (and Type of Review: Revision of a The Committee will make Certain Dependent) Personal Services of currently approved collection. recommendations to the Secretary a Nonresident Alien Individual. Affected Public: Individuals, regarding such activities. businesses, and not-for-profit DATES: Written comments should be The meeting will convene in room institutions. received on or before August 16, 1996 Estimated Number of Respondents: 530, VA Central Office (VACO) to be assured of consideration. 480,000. Building, 810 Vermont Avenue, NW, ADDRESSES: Direct all written comments Estimated Time Per Respondent: 1 hr., Washington, DC, from 2:00 p.m. to 5:30 to Garrick R. Shear, Internal Revenue 28 min. p.m. The meeting will be conducted by Service, room 5571, 1111 Constitution Estimated Total Annual Burden way of a conference call. Committee Avenue NW., Washington, DC 20224. Hours: 696,556. members residing in the Washington FOR FURTHER INFORMATION CONTACT: Metropolitan area will be present in Request for Comments Requests for additional information or room 530. All other members will be copies of the information collection Comments submitted in response to linked via telephone. The Committee should be directed to Martha R. Brinson, this notice will be summarized and/or will meet to work on recommendations (202) 622–3869, Internal Revenue included in the request for OMB to be included in its annual report to the Service, room 5571, 1111 Constitution approval. All comments will become a Secretary. The Committee will discuss Avenue NW., Washington, DC 20224. matter of public record. Comments are subcommittee reports and findings. All invited on: (a) whether the collection of SUPPLEMENTARY INFORMATION: sessions will be open to the public up information is necessary for the proper Title: Exemption From Withholding performance of the functions of the to the seating capacity of the room. on Compensation for Independent (and agency, including whether the Because seating is limited, it will be Certain Dependent) Personal Services of information shall have practical utility; necessary for those wishing to attend to a Nonresident Alien Individual. (b) the accuracy of the agency’s estimate contact Mrs. Angelia Sare, Department OMB Number: 1545–0795. of the burden of the collection of of Veterans Affairs (phone (202) 273– Form Number: 8233. information; (c) ways to enhance the 6708) prior to July 10, 1996. No time Abstract: Compensation paid to a quality, utility, and clarity of the will be allocated for the purpose of nonresident alien individual for information to be collected; (d) ways to receiving oral presentations from the independent personal services (self- minimize the burden of the collection of public, however, the Committee will employment) is generally subject to information on respondents, including accept appropriate written comments 30% withholding or graduated rates. through the use of automated collection from interested parties on issues However, such compensation may be techniques or other forms of information affecting minority veterans. Such exempt from withholding because of a technology; and (e) estimates of capital comments should be referred to the U.S. tax treaty or the personal or start-up costs and costs of operation, Committee at the following address: exemption amount. Form 8233 is used maintenance, and purchase of services Advisory Committee on Minority to request exemption from withholding. to provide information. Nonresident alien students, teachers, Veterans, Center for Minority Veterans Approved: June 5, 1996. and researchers performing dependent (00M), U.S. Department of Veterans personal services also use Form 8233 to Garrick R. Shear, Affairs, 810 Vermont Avenue, NW., request exemption from withholding. IRS Reports Clearance Officer. Washington, DC 20420. [FR Doc. 96–15330 Filed 6–14–96; 8:45 am] Current Actions Dated: June 6, 1996. BILLING CODE 4830±01±U By direction of the Secretary. Changes to Form 8233 Heyward Bannister, 1. Under Nonresident Alien Committee Management Officer. Individual Identification, the ‘‘visa DEPARTMENT OF VETERANS [FR Doc. 96–15220 Filed 6–14–96; 8:45 am] number’’ line has been expanded to AFFAIRS BILLING CODE 8320±01±M require ‘‘visa type and number’’. Advisory Committee on Minority 2. Line 3 is new. The nonresident Veterans; Notice of Meeting alien individual will now be required to specifically identify the primary The Department of Veterans Affairs purpose for his/her presence in the (VA), in accordance with Public Law 30670

Corrections Federal Register Vol. 61, No. 117

Monday, June 17, 1996

This section of the FEDERAL REGISTER DEPARTMENT OF THE INTERIOR (b) In the 10th line ‘‘under U.S.C. contains editorial corrections of previously 824(a)(2)’’ should read ‘‘under 21 U.S.C. published Presidential, Rule, Proposed Rule, National Park Service 824(a)(2) and Notice documents. These corrections are (c) In the 26th line ‘‘indicated’’ should prepared by the Office of the Federal Notice of Inventory Completion for read ‘‘indicted’’. Register. Agency prepared corrections are Native American Human Remains and issued as signed documents and appear in (2) On page 27369, in the first full Associated Funerary Objects from the paragraph, five lines from from the the appropriate document categories Vicinity of Victorville, CA in the elsewhere in the issue. bottom ‘‘in’’ should read ‘‘is’’. Possession of the Los Angeles County Museum of Natural History, Los BILLING CODE 1505±01±D Angeles, CA DEPARTMENT OF THE INTERIOR Correction DEPARTMENT OF TRANSPORTATION National Park Service In notice document 96–13582 Federal Aviation Administration appearing on page 27097 in the issue of Notice of Intent to Repatriate a Cultural 14 CFR Part 71 Item in the Possession of the Eiteljorg Thursday, May 30, 1996, in the 2d column, in the last paragraph, beginning Museum of American Indians and [Airspace Docket No. 96-ACE-2] in the 12th line ‘‘[thirty days after Western Art, Indianapolis, IN publication in the Federal Register]’’ Amendment to Class E Airspace: Correction should read ‘‘July 1, 1996’’. Kaiser, MO; Camdenton, MO; Sedalia, BILLING CODE 1505±01±D MO; West Plains, MO; Point Lookout, In notice document 96–14408 MO; St. Charles, MO; Monett, MO; appearing on page 29132 in the issue of Butler, MO; Monroe City, MO; Friday, June 7, 1996, in the 3rd column, DEPARTMENT OF JUSTICE Farmington, MO; Fort Leavenworth, in the last paragraph, beginning in the Sherman Army Airfield, KS; and Dodge 12th line ‘‘[thirty days following Drug Enforcement Administration City, KS publication in the Federal Register]’’ Maxicare Pharmacy, Revocation of should read ‘‘July 8, 1996’’. Correction Registration BILLING CODE 1505±01±D In rule document 96–14263 beginning Correction on page 28743 in the issue of Thursday, June 6, 1996, make the following In notice document 96–13685 correction: beginning on page 27368 in the issue of Friday, May 31, 1996 make the § 71.1 [Corrected] following corrections: On page 28744, in the third column, (1) On page 27368, in the second in § 71.1, under ACE MO E5 St. Louis, column, in the first full paragraph: MO, in the fourth line, ‘‘104′′’’ should ′′ (a) In the 8th line ‘‘DA’’ should read read ‘‘04 ’’. ‘‘DEA’’. BILLING CODE 1505±01±D federal register June 17,1996 Monday Proposed Rule Passenger EquipmentSafetyStandards; 49 CFRParts223,229,232,and238 Federal RailroadAdministration Transportation Department of Part II 30671 30672 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION dockets are housed in Room 8201 of the (November 2, 1994), requires FRA to Nassif Building, 400 Seventh Street, develop initial rail passenger equipment Federal Railroad Administration S.W., Washington, D.C. 20590. Public safety standards within 3 years of dockets may be reviewed between the enactment and final regulations within 49 CFR Parts 223, 229, 232, and 238 hours of 8:30 a.m. and 5:00 p.m., 5 years of enactment. The Act also gives [FRA Docket No. PCSS±1; Notice No. 1] Monday through Friday, except FRA an important tool to be used to holidays. help develop these safety standards: RIN 2130±AA95 FOR FURTHER INFORMATION, CONTACT: FRA is allowed to consult with the National Railroad Passenger Corporation Passenger Equipment Safety Edward W. Pritchard, Acting Staff (Amtrak), public authorities, passenger Standards Director, Motive Power and Equipment Division, Office of Safety Assurance and railroads, passenger organizations, and AGENCY: Federal Railroad Compliance, RRS–14, Room 8326, FRA, rail labor organizations without being Administration (FRA), Department of 400 Seventh Street, S.W., Washington, subject to the Federal Advisory Transportation (DOT). D.C. 20590 (telephone 202–366–0509 or Committee Act (5 U.S.C. App.). ACTION: Advance Notice of Proposed 202–366–9252), or Daniel L. Alpert, Approach Rulemaking. Trial Attorney, Office of Chief Counsel, FRA, 400 Seventh Street, S.W., FRA established a Passenger SUMMARY: FRA announces the initiation Washington, D.C. 20590 (telephone Equipment Safety Standards Working of rulemaking on rail passenger 202–366–0628). Group (Working Group) comprised of equipment safety standards. FRA representatives of the types of requests comment on the need for SUPPLEMENTARY INFORMATION: organizations listed in the Act to particular safety requirements and the Introduction provide the consultation allowed by the costs, benefits, and practicability of Act. The Working Group first met on Mandate such requirements. FRA anticipates this June 6, 1995, and continues to meet to rulemaking will address the inspection, FRA requests comment on possible assist FRA in developing passenger testing, and maintenance of passenger regulations governing rail passenger equipment safety standards. This equipment; equipment design and equipment. FRA believes such ANPRM describes the issues before the performance criteria related to regulations are necessary for several Working Group, and seeks the passenger and crew survivability in the reasons. In particular, effective Federal assistance of other interested persons in event of a train accident; and the safe safety standards for freight equipment providing information and views operation of passenger train service, have long been in place, but equivalent pertinent to this effort. FRA intends to supplementing existing railroad safety standards for passenger equipment do use the Working Group throughout this standards. FRA also announces the not currently exist. The Association of rulemaking. The minutes of the Working formation of a working group to assist American Railroads (AAR) sets industry Group meetings and the materials FRA in developing this rule. FRA makes standards for the design and distributed at these meetings to date available preliminary safety concepts maintenance of freight equipment that have been placed in the docket. FRA that have been placed before the add materially to the safe operation of intends to keep a current record of the working group. This notice is issued in this equipment. However, over the years Working Group’s activities and order to comply with the Federal AAR has discontinued the development decisions in the docket. and maintenance of passenger Railroad Safety Authorization Act of Topics Covered 1994, to respond to concerns raised by equipment standards. Specific topics discussed by this the General Accounting Office and the Worldwide, passenger equipment operating speeds are increasing. Several ANPRM include: National Transportation Safety Board, to (1) System safety programs and plans; respond to public concerns, to respond passenger trainsets designed to European standards have been proposed (2) Passenger equipment to petitions for rulemaking, and to for operation at high speeds in the crashworthiness; consider possible regulations derived United States. In general, these trainsets (3) Inspection, testing and from experience in application of do not meet the structural or operating maintenance requirements; existing standards. standards that are common practice for (4) Training and qualification DATES: (1) Written comments: Written current North American equipment. The requirements for mechanical personnel comments must be received on or before North American railroad operating and train crews; (5) Excursion, tourist and private July 9, 1996. Comments received after environment requires passenger that date will be considered to the equipment; equipment to operate commingled with (6) Commuter equipment and extent possible without incurring very heavy and long freight trains, often additional expense or delay. operations; over track with frequent grade crossings (7) Train make-up and operating (2) Public Hearing: Requests for a used by heavy highway equipment. public hearing must be made on or speed; European passenger equipment design (8) Tiered design standards based on before July 9, 1996. standards may therefore not be a system safety approach; ADDRESSES: Address comments to the appropriate for the North American (9) Fire safety; and Docket Clerk, Office of Chief Counsel, operating environment. A clear set of (10) Operating practices and RCC–30, Federal Railroad safety and design standards for future procedures. Administration, 400 Seventh Street, passenger equipment tailored to the FRA solicits suggestions for other S.W., Room 8201, Washington, D.C. North American operating environment matters related to passenger train safety 20590. Comments should identify the is needed to provide for the safety of standards that should be considered in docket and notice number and be future rail operations and to facilitate order to promote safe and efficient train submitted in triplicate. Persons wishing sound planning for those operations. operations. FRA also solicits suggestions to receive confirmation of receipt of The Federal Railroad Safety for alternate approaches or ways to their comments should include a self- Authorization Act of 1994 (the Act), structure passenger equipment safety addressed, stamped postcard. The Pub. L. 103–440, 108 Stat. 4619 standards. Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30673

Purpose of Notice train control systems, track safety, equipment operating in permanent Section 215 of the Act (49 U.S.C. power brakes, glazing, programs of service in the United States has 20133) requires the Secretary of testing and training for railroad established a good safety record, Transportation to prescribe minimum operating rules, and hours of service of proving its compatibility with the standards ‘‘for the safety of cars used by safety-critical personnel, among others. operating environment. Many of the railroad carriers to transport While existing locomotive safety structural design changes identified passengers.’’ The Act specifically regulations address the structural during preliminary analyses are likely to requires the Secretary to consider— characteristics of multiple-unit powered be cost effective only if implemented for (1) The crashworthiness of the cars; cars, non-powered cars are not subject new equipment. Appropriate analysis (2) Interior features (including luggage to the same standards. In addition, FRA should be conducted to evaluate restraints, seat belts, and exposed has not issued regulations addressing whether selected safety measures can be surfaces) that may affect passenger interior features of passenger applied to existing equipment or to safety; equipment. rebuilt equipment on a cost-effective (3) Maintenance and inspection of the The Act requires issuance of initial basis. cars; passenger safety regulations within 3 Collaborative Rulemaking and This (4) Emergency procedures and years and final regulations within 5 Advance Notice equipment; and years. FRA intends to establish a (5) Any operating rules and reasonably comprehensive structure of FRA is committed to the maximum conditions that directly affect safety not necessary safety regulations for rail feasible use of collaborative processes in otherwise governed by regulations. passenger service in initial standards. the development of safety regulations. Given the breadth of the specific Where further research is needed to As a means to allow the industry to items listed in the Act, it is clear that develop a technical foundation for collaborate with FRA to develop this the Congress intended the agency to safety improvements, rulemaking may rulemaking, FRA established the consider the safety of rail passenger be completed over the 5-year period Passenger Equipment Safety Standards service as a whole, determining the referred to in the Act. Working Group, as described earlier. extent to which existing regulations The Act permits FRA to apply new FRA structured the Working Group to should be supplemented or requirements to existing passenger cars, give a balanced representation of the strengthened. Existing regulations but requires FRA to explain why any types of organizations listed in the Act. affecting the safety of rail passenger such ‘‘retrofit’’ requirements are A list of the private sector members of service include standards for signal and imposed. FRA believes that passenger the Working Group is given in Table 1.

TABLE 1.ÐRAIL PASSENGER EQUIPMENT SAFETY STANDARDS; WORKING GROUP MEMBERSHIP LIST

Organization represented Representative Mailing address Telephone Fax

Amtrak ...... George Binns, General Manager National Railroad Passenger (215) 349±2731 (215) 349±2767 for Compliance and Standards. Corporation, 30th Street Sta- tion, 4th Floor South, Philadel- phia, PA 19104. United Transportation Union ...... David Brooks, Conductor ...... 15200 Brooksview, Brandywine, (301) 888±1277 ...... MD 20613. National Association of Railroad Ross Capon, Executive Director 900 Second Street, N.E., Wash- (202) 408±8362 (202) 408±8287 Passengers. ington, DC 20002±3557. American Public Transit Associa- Frank Cihak, Chief Engineer ...... 1201 New York Avenue, N.W., (202) 898±4080 (202) 898±4049 tion. Washington, DC 20005. Federal Railroad Administration Grady Cothen, Deputy Associate 400 Seventh Street, S.W., (202) 366±0897 (202) 366±7136 Administrator for Safety Washington, DC 20590±0002. Standards. Electro-Motive Division, General Harvey Boyd, Senior Research 9301 West 55th Street, La (708) 387±6013 (708) 387±5239 Motors Corporation. Engineer. Grange, IL 60525. Federal Transit Administration ... Jeffrey Mora, Office of Tech- 400 Seventh Street, S.W., (202) 366±0215 (202) 366±3765 nology. Washington, DC 20590±0002. American Association of State William Green, Senior Railroad New York State Dept of Trans- (518) 457±4547 (518) 457±3183 Highway and Transportation Inspector. portation, 120 Washington Av- Officials. enue, Albany, New York 12232. Safe Travel America ...... Arthur Johnson, Chairman ...... 10600 Red Barn Lane, Poto- (301) 762±7903 ...... mac, MD 20854. Brotherhood of Locomotive Engi- Leroy Jones, International Vice 400 North Capitol Street, N.W., (202) 347±7936 (202) 347±5237 neers. President. Suite 850, Washington, DC 20001. Brotherhood Railway Carmen .... Hank Lewin, Vice President ...... AFL/CIO Building, Suite 511, (202) 783±3660 (202) 783±0198 815 16th Street, N.W., Wash- ington, DC 20006. Siemens Transportation Sys- Frank Guzzo, Director Rolling 700 South Ewing, St. Louis, MO (314) 533±6710 ...... tems, Inc.. Stock. 63103. Bombardier Corporation, Trans- Larry Kelterborn, Consultant ...... 1084 Botanical Drive, Burlington, (905) 577±1052 (905) 577±1055 portation Equipment Group. Ontario, Canada L7T 1V2. National Transportation Safety Russ Quimby, Investigator ...... 490 L'Enfant Plaza, S.W., (202) 382±6644 (202) 382±6884 Board. Washington, DC 20594. American Public Transit Associa- Dennis Ramm, Chief Mechanical 547 W. Jackson Blvd., Chicago, (312) 322±6575 (312) 322±6502 tion. Officer, Metra. IL 60661. 30674 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

TABLE 1.ÐRAIL PASSENGER EQUIPMENT SAFETY STANDARDS; WORKING GROUP MEMBERSHIP LISTÐContinued

Organization represented Representative Mailing address Telephone Fax

Federal Railroad Administration Brenda Moscoso, Economist, 400 Seventh Street, S.W., (202) 366±0352 ...... Office of Safety Analysis. Washington, DC 20590±0002. Federal Railroad Administration Thomas, Tsai, Program Man- 400 Seventh Street, SW., Wash- (202) 366±1427 ...... ager, Office of Research. ington, DC 20590±0002.

TABLE 2.ÐPASSENGER TRAIN OCCUPANT CASUALTIES; TEN YEAR PERIOD 1985±1994

Train accidents Grade crossing acci- Non-accident pas- Total passenger dents senger train incidents train occupants Killed Injured Killed Injured Killed Injured Killed Injured

1985 ...... 0 287 0 30 3 424 3 741 1986 ...... 1 409 0 72 4 269 5 750 1987 ...... 17 258 0 20 1 261 18 539 1988 ...... 2 160 0 39 2 246 4 445 1989 ...... 1 103 2 123 8 253 11 479 1990 ...... 0 238 1 41 3 280 4 559 1991 ...... 9 61 0 29 0 333 9 423 1992 ...... 0 48 1 114 3 299 4 461 1993 ...... 54 171 1 86 9 402 64 659 1994 ...... 3 129 0 96 3 343 6 568

Totals ...... 87 1864 5 650 36 3110 128 5624

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An FRA representative chairs the Street, S.W., Washington, D.C. 20590 Working Group’s Scope of Effort Working Group, and a representative of (telephone 202–366–0504) or David H. The Working Group will focus on the Federal Transit Administration Kasminoff, Trial Attorney, Office of developing safety standards for rail (FTA) serves as associate member. Staff Chief Counsel, FRA, 400 Seventh Street, passenger equipment by applying a members from the National S.W., Washington, D.C. 20590 system safety approach—where Transportation Safety Board (NTSB) (telephone 202–366–0628). practical—to: FRA’s commitment to developing a also attend and assist the Working (1) Determine and prioritize safety proposed rule through the Working Group. In addition, the Working Group risks; Group necessarily influences the role is supported by FRA program, legal and (2) Determine steps or corrective and purpose of this ANPRM. FRA sets research staff, including technical actions to reduce risks; and forth in this ANPRM numerous personnel from the Volpe National (3) Optimize safety benefits. preliminary ideas regarding approaches Transportation System Center (Volpe The Working Group will recommend to safety issues affecting passenger Center). Vendors of equipment to future research or test programs when a passenger railroads constitute another service. These are ideas that have technology appears to have the potential essential source of information about already been placed before the Working for a safety benefit, but is not yet mature rail passenger equipment safety. Group as concrete, illustrative enough to be applied with confidence. Accordingly, FRA has included vendor approaches to possible improvements in The Working Group will provide representatives designated by the the safety of passenger service. They are advice to FRA on all phases of the Railway Progress Institute (RPI) as provided in this ANPRM as information rulemaking process, to include: associate members of the Working to any interested person not involved in (1) Recommending what issues or Group. As one of its first tasks, the the Working Group’s deliberations. FRA requirements must be covered by Working Group developed a statement wishes to emphasize, however, that Federal regulations, and what issues or of its charter and scope of effort. these concepts do not constitute specific The Working Group is broadly proposals of the agency in this requirements can be effectively handled representative of interests involved in proceeding, nor do they represent the outside the body of Federal regulations intercity and commuter service position of the Working Group. In by industry standards or some other nationwide. This service is regularly addition, issuance of this ANPRM means; scheduled, employs contemporary should not be considered a diminution (2) Reviewing the written comments electric multiple-unit (MU) equipment, of FRA’s intent to prescribe passenger in response to the ANPRM, and electric or diesel electric power, is often equipment safety regulations within the recommending those comments that intermingled on common rights-of-way 5-year period required by the Act. should affect a Notice of Proposed with freight movements, and often FRA expects that the Working Group Rulemaking (NPRM); involves maximum speeds in the range will develop proposed rules based on a (3) Providing cost information to of 79 to 125 miles per hour (mph) with consensus process. The proposals will support FRA’s economic analysis of the speeds up to 150 mph projected in the be based on facts and analysis flowing proposed rule; near future. from the Working Group’s deliberations. (4) Providing information and advice FRA also regulates approximately 100 Accordingly, FRA has requested that the on the potential benefits of the proposed additional railroads that provide service Working Group’s members and the rule and its individual elements; often characterized as historic, organizations that they represent refrain (5) Providing advice regarding critical excursion, or scenic. These ‘‘tourist’’ or from responding formally to this assumptions required for the economic ‘‘museum’’ railroads often employ steam ANPRM. analysis; locomotives or older generation diesel Just as FRA will not prejudge the (6) Reviewing and critiquing a draft power, and historic coaches or freight outcome of the Working Group NPRM prepared by FRA based on equipment modified for passenger use. deliberations, FRA asks organizations Working Group guidance; Tourist and museum railroads vary represented on the Working Group to (7) Reviewing the oral and written widely in the nature of their operating avoid adopting fixed positions that comments to the NPRM and environment, personnel, train speeds, could polarize the discussion within the recommending those comments that and other characteristics. FRA intends Working Group. Rather, the should affect a final rule; to form a small, separate working group deliberations of the Working Group (8) Reviewing and critiquing a draft comprised of tourist and museum should be permitted to mature through final rule prepared by FRA based on operators and freight or passenger a careful, fact-based dialogue that leads Working Group guidance; and railroads that host or provide this type to appropriate recommendations for (9) If requested by FRA, of service. FRA will request that the cost-effective standards. The evolving recommending actions to take to Tourist Railway Association, the positions of the Working Group respond to any petitions for Association of Railway Museums, and members—as reflected in the minutes of reconsideration received as a result of AAR provide representation for this the group meetings and associated the final rule. effort. documentation, together with data The Working Group will also assist Regulations governing emergency provided by the membership during FRA in drafting a second NPRM for preparedness and emergency response their deliberations—will be placed in passenger equipment power brake procedures for rail passenger service the docket of this rulemaking. standards. will be covered by a separate FRA invites other interested parties to To ensure full development of the rulemaking and are being addressed by respond to the questions posed in this issues, the Working Group will attempt a separate working group. Persons ANPRM, submitting information and to draw on all sources within the wishing to receive more information views that may be of assistance in industry to collect information regarding this separate effort should developing a proposed rule. All necessary to conduct comparative contact Mr. Dennis Yachechak, comments provided in response to this analyses and reach decisions. Operating Practices Division, Office of ANPRM will be provided to the The Working Group will establish a Safety Assurance and Compliance, Working Group for consideration in procedure for considering ideas, RRS–11, Room 8314, FRA, 400 Seventh preparation of the proposed rule. approaches, and performance standards Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30677 for use as part of the safety standards. locomotive demolishing the control cab NTSB classified these four This procedure should be based on the of the locomotive. Two following cars recommendations ‘‘Closed-Acceptable concept of reaching an overall continued in the path established by the Action’’ on November 24, 1982. consensus. Overall consensus means caboose, completing the destruction of • A rear-end collision of two represented organizations may object— the locomotive cab. The IHB engineer Burlington Northern (BN) freight trains even strongly—to individual ideas, was found dead in the wreckage. NTSB occurred near Pacific Junction, Iowa, on approaches, or standards, but the recommended that FRA and the April 13, 1983. The operating organization can accept and ‘‘live with’’ industry expand their cooperative effort compartment of the lead locomotive on the evolving set of standards as a whole. to improve the crashworthiness of the striking train, BN train 64T85, was FRA believes the success of this entire railroad equipment (NTSB Safety overridden by the caboose of train 43J05 innovative approach to rulemaking Recommendation R–71–44). when the trains collided. The depends on the ability of the group to • An accident on October 8, 1970, locomotive operating compartment was reach overall consensus. involving a Penn Central Transportation crushed. (In general, when a locomotive The Working Group will consider Company freight train and a passenger strikes a caboose or a light freight car, whether to continue to meet on a train near Sound View, Connecticut, the lighter vehicle overrides the periodic basis after final rulemaking to again demonstrated the weakness of the locomotive, frequently with devastating consider changes necessary to keep any locomotive crew compartment. This results.) As a result of this accident, rules or other standards current and collision caused NTSB to reiterate its NTSB issued a recommendation that responsive to the needs of the industry. recommendation to improve the crash FRA initiate and/or support a design resistance of locomotive cabs (NTSB study to provide a protected area in the Background Safety Recommendation R–72–005). locomotive operating compartment for Need for Passenger Equipment Safety This recommendation was ultimately the crew when a collision is Standards classified as ‘‘Closed-No Longer unavoidable (NTSB Recommendation R–83–102). This recommendation was Rail passenger service is currently Applicable’’ following the issuance of Safety Recommendation R–78–27 which subsequently classified as ‘‘Closed- operated with a high level of safety. Unacceptable Action/Superseded’’ However, accidents continue to occur, addressed the same issue. • The investigation of the collision of based on a future investigation that often as a result of factors beyond the three freight trains near Leetonia, Ohio, reiterated similar concerns regarding control of the passenger railroad. on June 6, 1975, again prompted NTSB locomotive crashworthiness. Further, the rail passenger operating • to recommend increased cab On July 10, 1986, Union Pacific environment in the United States is crashworthiness, including (UP) freight train CLSA–09 struck a rapidly changing—technology is consideration of a readily accessible standing UP freight train near North advancing; equipment is being designed crash refuge (NTSB Safety Platte, Nebraska, at a speed of for ever-higher speeds; and many Recommendation R–76–009). This approximately 32 mph. Three potential new operators of passenger recommendation was classified as locomotives and eleven cars from both equipment are appearing. With this ‘‘Closed-Acceptable Action’’ on August trains derailed, and the accident more complex operating environment, 6, 1978, following FRA’s assurance that resulted in one fatality and three FRA must become more active to ensure studies were continuing in this area. injuries. This accident, in which the that passenger trains continue to be • On September 18, 1978, a Louisville locomotive cab section of train CLSA– designed, built, and operated with and Nashville freight train collided 09 was destroyed on impact, probably public safety foremost. head-on with a yard train inside yard would have resulted in fatal injuries to The General Accounting Office (GAO) limits at Florence, Alabama. The lead the engineer and head brakeman of train recognizes this need in Report GAO/ unit of the yard train overrode the lead CLSA–09 had they not jumped from the RCED–93–196, entitled ‘‘AMTRAK unit of the freight train. The cab cab prior to the collision. As a result, Should Implement Minimum Safety provided no protection for the head NTSB issued Safety Recommendation Standards for Passenger Cars.’’ In brakeman and engineer, who jumped R–87–23, which recommends that FRA: addition, NTSB has issued several but were run over by their train. Promptly require locomotive operating recommendations to FRA and to the • On August 11, 1981, a Boston and compartments to be designed to provide railroad industry concerning the Maine Corporation freight train and a crash protection for occupants of locomotive crashworthiness of locomotives. Massachusetts Bay Transportation cabs. Although the recommendations directly Authority commuter train collided NTSB believes that locomotive apply to freight locomotives, the same head-on near Prides Crossing, Beverly, collision investigations continue to concerns exist for passenger train Massachusetts. The lead car of the demonstrate that improvements are locomotives or power cars. commuter train overrode the freight needed in the crashworthiness design NTSB’s Crashworthiness Concerns locomotive, pushing components of the standards of locomotives. locomotive into the cab killing three As a result of investigations of NTSB’s interest in locomotive people. numerous accidents involving passenger crashworthiness dates to 1970, and NTSB’s investigations of the above trains over the past 20 years, NTSB has NTSB has made several safety accidents resulted in recommendations recommended that FRA or the passenger recommendations to FRA and the to FRA regarding crashworthiness railroad industry: industry concerning increased protection to the locomotive operating (1) Prescribe regulations requiring protection for crew members in the cab compartments (NTSB Recommendations emergency means of escape from based on the following accidents: railroad passenger cars; • R–77–37, R–78–27, R–79–11, and R–82– On September 8, 1970, a collision 34). As a result of the FRA-sponsored (2) Prescribe regulations requiring between an Illinois Central (IC) and an report ‘‘Analysis of Locomotive Cabs,’’1 emergency lighting for railroad Indiana Harbor Belt (IHB) train occurred passenger cars; at Riverdale, Illinois. The collision 1 ‘‘Analysis of Locomotive Cabs.’’ (Report No. (3) Initiate studies to determine the caused the IC caboose to override the DOT/FRA/ORD–81/84, National Space Technology relationship between passenger car heavy under frame of the IHB Laboratories, September 1982.) design and passenger injuries; 30678 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

(4) Prescribe regulations requiring cars so adequate crash injury protection fires involving passenger trains that passenger cars with secured seats and will be provided; resulted in more than $6,300 damage to luggage retention devices; (10) Promulgate regulations to on-track equipment, signals, track, track (5) Apply system safety principles to establish minimum safety standards for structure, or road bed. The ‘‘grade the acquisition, design, construction the inspection and maintenance of crossing accidents’’ column of Table 2 and renovation of passenger cars; railroad passenger cars; and includes all reported impacts of a (11) Amend the power brake passenger train with cars, trucks, busses, (6) Prescribe regulations to require regulations to provide appropriate farm equipment, or pedestrians at grade back-up power for emergency lights and guidelines for inspecting power brake crossings. The ‘‘non-accident passenger doors that can be opened in the event equipment on modern passenger cars. train incidents’’ column of Table 2 of loss of power; Accident/Incident Data includes all reports of injuries or deaths (7) Require that rail passenger of passenger train occupants not caused equipment be fitted with roof escape FRA has compiled a 10-year history of by a train accident or grade crossing hatches; passenger equipment accidents/ accident. incidents that railroads have reported to (8) Promulgate regulations to establish FRA. FRA supplied this information to Figure 1 is a pie chart depicting the minimum standards for the interior of the Working Group and placed it in the percentages of deaths to passenger train commuter cars so that adequate crash docket. Table 2 summarizes the deaths occupants caused by train accidents, injury protection and emergency and injuries reported to FRA by grade crossing accidents, and non- equipment will be provided; railroads for occupants of passenger accident incidents. Figure 2 shows the (9) Promulgate regulations to establish trains during this 10-year period. The 10-year trend for each of these causes of minimum standards for the design and ‘‘train accidents’’ column of Table 2 deaths. construction of interiors of passenger includes all collisions, derailments, or BILLING CODE 4910±06±P Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30679 30680 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

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Figure 3 is a pie chart depicting the the showing of only 10 years of accident in the reported data, and factors to be percentages of injuries to passenger data is somewhat distorted in that two considered in evaluating the risk of train occupants caused by train accidents account for over 80 percent of future catastrophic passenger train accidents, grade crossing accidents, and the deaths, and one of the accidents had accidents. non-accident incidents. Figure 4 shows substantial intermodal implications.) the 10-year trend for each of these Comment is requested regarding the BILLING CODE 4910±06±P causes of injuries to occupants of significance of this data, elements of passenger trains. (Amtrak has noted that societal and railroad cost not included 30682 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

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Approach/Structure for Safety time, mileage, or some other reliability- exist that need to be taken into account. Standards driven parameter. (A ‘‘safety critical Private passenger cars often operate as component’’ is a component whose part of freight, Amtrak, and commuter Scope and Context failure to function as intended results in trains at track speeds over long FRA recognizes that safety standards a greater risk to passengers and crew.) distances. Providing regulatory relief to that apply only to passenger equipment One of the main purposes of this private passenger car owners through provide only a partial solution to ANPRM is to solicit information speed and/or distance limitations could improving rail passenger safety, and the concerning: severely restrict current operations. The best way to increase rail passenger (1) The steps necessary to conduct a host railroads often impose their own safety is to keep trains on the track and complete pre-departure or daily safety safety requirements on the private spaced apart. inspection of the equipment; passenger cars and have a strong interest Keeping trains on the track and apart (2) A means to demonstrate (e.g., in any Federal safety standards that requires a systems approach to safety training, testing, supervision, apply to private passenger cars. FRA that includes railroad track, right-of- certification) that safety inspectors have intends to fully involve Amtrak, the way, signals and controls, operating the knowledge and skills necessary to American Association of Private Railcar procedures, station- and platform-to- perform effective inspections or tests; Owners, and the American Public train interface design, as well as (3) The minimum planned or periodic Transit Association (APTA) as standards equipment. FRA has active rulemaking maintenance program required to keep for private passenger cars are developed. and research projects ongoing in a the equipment in safe operating Does the simple system safety variety of contexts that address non- condition; program proposed for tourist and equipment aspects of passenger railroad (4) The frequency of required planned excursion railroads make sense for system safety. or periodic maintenance; and private passenger cars? If not, why? Do While reflecting the other aspects of (5) The costs and benefits associated alternate means exist to provide passenger railroad system safety, this with the requirements under regulatory relief to private passenger car rulemaking will focus on: consideration. owners without imposing restrictive (1) Equipment inspection, testing, and Special Consideration for Tourist and speed and distance limits? How should maintenance standards; Excursion Railroads railroad business or observation cars be (2) Equipment design and treated? performance standards; Tourist and excursion railroads (3) Platform- and station-to-train generally provide passenger rail service New Rail Passenger Service or Systems interface design and procedures to as entertainment or recreation, often at FRA intends the main thrust of any promote safe ingress and egress of low speed on track dedicated to that proposed safety standards for passengers; and service alone. FRA recognizes the equipment design to be focused on new (4) Other issues specifically related to extensive service provided by this equipment and new rail passenger safe operation of rail passenger service growing sector of the railroad industry, service. New equipment and new not addressed in other FRA regulations, and the need to tailor appropriate safety service present the opportunity to proceedings, or program development requirements to the level of risk analyze the proposed equipment and its efforts. involved. Accordingly, FRA will work intended use to ensure that a systematic to identify appropriate criteria for approach is taken to design safety into Existing Rail Passenger Operations creating relatively simple system safety the operation. However, some of the FRA intends to structure any plans and programs for tourist and safety enhancements that the final rule proposed actions to cause a minimum of excursion railroads that recognize the resulting from this ANPRM deem disruption to existing safe operations of special needs of this sector of the necessary for new equipment may have passenger equipment. This notice is industry. the potential to be applied to existing or designed to bring to FRA’s attention the Speed and distance limits may be to rebuilt equipment. Without such special situations and problems helpful to define tourist and excursion consideration, opportunities to increase confronting tourist and excursion railroads excepted from many of the safety that stand up to a cost/benefit railroads, private passenger car owners, effects of any proposed passenger analysis could be lost. In addition, not commuter railroads, and the existing equipment safety standards. For requiring rebuilt equipment to meet the operations of Amtrak, which all have a instance, less stringent requirements latest standards provides an incentive to long history of safe operation. FRA might be applied to a railroad with a rebuild equipment rather than purchase believes the first objective of this maximum operating speed of 30 mph new equipment, thus delaying the full rulemaking should be to construct and a maximum trip distance of 250 benefit of the new standards. common sense minimum safety floors miles. In addition, operations segregated Passenger Equipment Power Brakes under these existing operations. To the from the general railroad system may extent new technology or innovative warrant consideration for less stringent On September 16, 1994, FRA approaches might offer opportunities for requirements. FRA seeks comment on published a notice of proposed improving safety performance on a cost- these proposed limits and, as noted rulemaking on power brakes. 59 FR effective basis, FRA seeks the earlier, will request assistance of an 47676. Much of the public testimony appropriate means to exploit these appropriately representative working received in response to the NPRM opportunities. group to develop these issues. emphasized the differences between A common sense safety floor under freight operations and passenger existing safe operations includes a Special Consideration for Private operations, and the differences between complete pre-departure (or daily) safety Passenger Cars freight equipment brake systems and inspection of each departing train FRA recognizes private passenger cars passenger equipment brake systems. In conducted by skilled inspectors, and a as another segment of the industry that light of this testimony, and because well-planned test and preventive may need special consideration. passenger equipment power brake maintenance program for safety-critical However, some important differences standards are a logical subset of components of the system triggered by between the two types of operations passenger equipment safety standards, 30684 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

FRA will separate passenger equipment service and safety. Use of performance understanding of the approach FRA is power brake standards from freight standards—where feasible—can best considering to develop safety standards equipment power brake standards. The achieve this objective. for new passenger equipment. These Working Group will assist FRA to FRA desires this ANPRM to stimulate concepts are: develop a second NPRM that covers discussion focused on how FRA can (1) system safety plan and program; passenger equipment power brake meet its responsibility to the public standards. Since power brakes have while imposing a minimum regulatory (2) rail vehicle crashworthiness; already been the subject of a recent burden on the rail passenger industry. (3) crash energy management; ANPRM, NPRM, and supplementary Does the industry have plans to notice, FRA is not seeking additional establish a forum with the charter and (4) suspension system performance; information on passenger equipment authority to develop safety standards by and power brakes, and they will not be consensus for the industry, or can an (5) wheel thermal stress. addressed in this ANPRM. existing organization serve this function? If such a group can be System Safety Plan and Program Regulatory Flexibility established, what safety concerns have a The heart of the approach to new FRA conducts this proceeding to high potential of being resolved through passenger equipment safety standards determine how best to meet the need to industry consensus and voluntary will be a system safety program. A assure the public of continued safe action? What time frame would be system safety plan is a document operation of passenger trains in a more required to develop industry safety complex operating environment. standards by consensus? What role developed by the operator—with a large Although FRA is required by law to could/should rail labor organizations, input from the builder of new issue minimum standards for passenger equipment builders, component equipment—to describe the system equipment safety, FRA recognizes that suppliers, and state agencies play in safety program. The plan should lay out the level of detail properly embodied in developing these safety standards? What a top-down approach to how the regulations can and should be assurances could be provided that the system—including the equipment, the powerfully influenced by the presence industry would adhere to these safety inspection, the testing and maintenance of voluntary standards adhered to by standards? What role could/should FRA program, the routes over which the those participating in their play to assist the industry in developing equipment will operate, and the development. FRA encourages the these standards? When consensus operating rules that will be applied to formation of a rail passenger industry cannot be reached or is not adequate, it—will be designed, tested, and verified forum (similar to AAR in some and Federal regulations are required, to meet all safety requirements and functions, but more representative of all how can the flexibility/adaptability of provide a safe operation. segments of the rail passenger industry) the regulations to meet a dynamic A true and complete system safety to establish supplementary safety operating environment and changing approach begins at the top level of the standards developed through industry technology be maximized? To what system—in this case, the ‘‘system’’ is the consensus. Such an organization could extent might development of voluntary entire railroad operation. For the reduce the need for detailed Federal industry guidelines limit the need for purpose of risk analysis, the railroad regulations beyond such basic highly detailed or prescriptive Federal system must be broken down into its requirements as may be appropriate to standards? provide for safety. component systems. No one—or right— FRA desires to structure regulations to Discussion of Issues way exists to perform this breakdown. It provide the flexibility necessary for An introductory discussion of several can be done many ways. Figure 5 is just introduction of new technology or new concepts—crucial to rail equipment one logical example. operating concepts that could improve safety—may convey a better BILLING CODE 4910±06±P Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30685

BILLING CODE 4910±06±C 30686 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

Many passenger railroads operate at and during the development of the features intended to maximize least partially as a tenant on the right- inspection, testing, and maintenance passenger and crew survivability of of-way and property of another railroad. program that supports these trainsets. collisions and derailments. Vehicle In this case, the passenger railroad may The system safety program also permits crashworthiness is the last line of have little or no control under the other high risk components in the defense or protection in the event all contractual terms of the tenancy system to be identified, including other precautions fail, and a serious arrangement, and little or no prospect of operational aspects and the signaling accident occurs. gaining future control over some of the and grade crossing technology A risk assessment done by Arthur D. major risk components of the risk employed. The system safety program Little, Inc., (ADL) for Amtrak regarding analysis. The actions of the passenger requires: operation of high-speed trainsets in the railroad cannot change these risk (1) Analysis of the trainset design for Northeast Corridor points to the need components, and for the purpose of identification of safety hazards (risk for attention to passenger equipment performing a system safety analysis, assessment) and systematic elimination crashworthiness by showing that the they must remain fixed and be accepted or reduction of the risk associated with following types of collisions could as a given unless subject to separate these hazards (mitigating actions); occur on the Northeast Corridor: (2) Analysis of operational aspects for changes in Federal standards. (1) Loaded freight equipment or safety hazards and, where feasible, For example, a passenger railroad that locomotives might derail on adjacent operates largely as a tenant would have systematic elimination or reduction of track, overturning and fouling a high- little or no control over the Interfaces the associated risk of these hazards; and speed main line. (The derailment could (RC1) and Right-of-Way (RC2) risk (3) Development of the inspection, be caused by defective freight components. By holding these risk testing, and maintenance concept in a equipment or vandalism.) components fixed, the system safety step-by-step process to determine the approach degrades to a systems procedures and maintenance intervals (2) The braking system on a freight approach applied to the remaining two necessary to keep the trainset operating train or light locomotives could fail to subsystems rather than to the railroad as safely. operate properly, causing that consist to a whole. The ‘‘systems’’ methodology MIL–STD–882C defines the approach split a switch and occupy a high-speed still has considerable merit when taken for system safety programs used main line immediately ahead of an applied to the remaining subsystems, by the United States military. A copy oncoming high-speed passenger train. but a true system safety approach has been placed in the docket. This (3) A high-speed passenger train cannot be applied to a system that has document is an excellent reference for could derail on a curve due to a track major risk components that are how to plan and conduct a system safety defect (e.g., a broken rail initiated by the constrained. This analysis could help program. last freight movement) and strike a fixed define the equipment crashworthiness FRA solicits comments from all object such as an abutment or pier. features required for its intended segments of the rail passenger industry Scenarios with substantially similar purpose, or the operational limitations on formal system safety programs. FRA consequences are possible even after the needed to improve or retain safety is particularly interested in ways to installation of an enhanced train control levels. tailor the program to meet the multitude system. These are the types of scenarios What practical constraints must be of individual situations that exist in the feared by freight railroads that allow taken into account when applying a industry. The purpose of the program is passenger trains to operate on their system safety approach to passenger to ensure that safety is planned into new systems, and have led the freight railroads? When all practical constraints systems. FRA is searching for ways to railroads to demand insulation from are taken into account, how should the ensure the system safety program is excessive tort liability. system safety approach be applied to good business—not a regulatory burden. To ensure crashworthiness, passenger help develop passenger equipment FRA seeks to determine the process equipment must: safety standards? necessary to ensure system safety is (1) Maintain an envelope or minimum The system safety plan can range from good business and allows flexibility in volume of survivability for passengers a relatively simple document—for tailoring the planning to the level of the and crew which resists extreme conventional equipment being procured safety need. structural deformation and separation of to continue an existing service—to a Are any system safety plans currently main structural members; detailed document laying out a in use? How much would it cost (in (2) Protect against penetration of the comprehensive approach for designing, terms of time and effort) to update occupied compartments; testing, and operating state-of-the-art existing or develop new system safety high-speed passenger rail systems. The plans? On average, approximately how (3) Protect the occupants from being outline of the system safety plan given often would system safety plans have to ejected from occupied compartments; in Appendix A applies to the be updated? How would system safety and procurements of new high-speed plans improve safety? Specifically, what (4) Protect the occupants from trainsets. For the less complex areas of safety would be improved, by secondary impacts with the interior of procurements of replacement equipment how much, and why? Please provide the occupied compartments. for existing service, the plan should be copies of any studies, data, arguments, To make a passenger train accident simplified and tailored to fit the or opinions which support your answer. survivable (1) the spaces occupied by particular need. It should be people must be strong enough not to emphasized that the purpose of the Rail Passenger Equipment collapse, crushing the people; and (2) system safety plan is to force a thorough Crashworthiness the initial deceleration of the people thought process to ensure safety is Since vehicle crashworthiness is one must be limited so they are not thrown optimized. of the means to reduce safety risks, it is against the interior of the train with The purpose of a formal system safety therefore a major subset of the system unsurvivable force. Achieving these program, among other things, is to safety program. ‘‘Rail passenger general objectives can be the most ensure safety is adequately addressed equipment crashworthiness’’ means a difficult challenge facing equipment during the design of passenger trainsets system of interrelated vehicle design designers. Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30687

Crash Energy Management crushing throughout the train to the line and on the track for as long as Crash energy management is a design unoccupied areas to preserve the possible during the initial impact; technique to help equipment designers occupant volumes and to control and (2) Interior design that eliminates meet this challenge. The basic concept limit the decelerations of the cars. The sharp corners and that pads, with shock embodied by crash energy management crash energy management approach has absorbing material, surfaces that are likely to be struck by people thrown is that designated sections in been found to offer significant benefits. about by a collision; unoccupied spaces or lightly occupied (Amtrak has noted that while this (3) Attachment of interior fittings and spaces are intentionally designed to be concept seems to work well for single- level equipment with vestibules at each seats with sufficient strength not to fail weaker than heavily occupied spaces. and thereby cause additional injuries; This is done so that during a collision, end, its application to a bi-level design—which is now Amtrak’s long and portions of the unoccupied spaces will (4) A crash refuge for the vulnerable deform before the occupied spaces, distance standard—was not considered in these publications.) crew members in the cab. allowing the occupied spaces of the The interior crashworthiness study To help maintain survivable volumes trainset initially to decelerate more evaluates the influence of interior in passenger equipment, particularly slowly and minimize the uncontrolled configurations and occupant restraints during collisions at higher closing deformation of occupied space. on injuries resulting from occupant speeds, minimum standards for the The docket contains two technical motions during a collision. For a following structural design parameters papers 2 by the Volpe Center that sufficiently gentle train deceleration, would be needed: analyze the merits of crash energy compartmentalization (a strategy for (1) Anti-buckling to keep the train in management design techniques. These providing a ‘‘friendly’’ interior) can line and on the track for as long as studies evaluate the effectiveness of provide sufficient occupant protection possible after impact. (Prevention of alternative strategies for providing to keep widely accepted injury criteria buckling is not always possible, but it crashworthiness of passenger rail below the threshold values applied by can be delayed); vehicle structures and interiors at the automotive industry. (2) End structures and anticlimbers to increased collision speeds by comparing The Volpe Center reports show that, prevent override and telescoping; them to a design permitted by current if installed properly and used, the (3) Corner posts to deflect glancing standards. combination of lapbelts and shoulder collisions; Current regulations permit cars of restraints can reduce the likelihood of (4) Rollover strength; (5) Truck to car body attachment; and essentially uniform longitudinal fatality due to deceleration to near- strength. Simplified analysis done using (6) A control cab crash refuge. certain survival for even the most severe ‘‘Anti-buckling’’ refers to trainset a lumped-mass computer model and an collision conditions considered. idealized load-crush curve predicts this design techniques intended to prevent However, individual restraints may to a certain force level or delay both type of design to be effective in have limited practical value on a train, maintaining survivable volumes in vertical (override) and/or lateral where mobility within the vehicle is an buckling. The current state-of-the-art in coaches for train-to-train collision important attribute of service quality, speeds up to 70 mph. Further analysis passenger rail equipment design will and times of most significant risk cannot impose limitations on the extent to needs to be done using a more complex be predicted. The most likely distributed-mass computer model and a which anti-buckling can be achieved. application of personal restraints could (Devices that meet the anti-buckling widely accepted load-crush curve to be in a control compartment located at refine this prediction. requirements have not been developed the front of the train. or tested. Those devices that have been Using a simplified lumped-mass The value of a crash energy computer model, the assumed uniform evaluated by the French National management design is not in the energy Railroad in actual crash testing of their longitudinal strength causes the absorbed—only a few percent of the predicted structural crushing of the latest TGV bi-level design are intended kinetic energy of a high-speed collision to prevent override similar to those train to proceed uniformly from the can be absorbed in a reasonable crush front to the rear of the train, through devices currently required on North distance. The real safety benefit comes American equipment.) both the unoccupied and occupied areas from allowing the occupied spaces to of the train. Using a distributed-mass Standards would be necessary to decelerate more slowly, while address the general design parameters to computer model, structural crushing of decreasing the likelihood that occupied limit decelerations of passengers and uniform strength equipment tends to be spaces will fail in an uncontrolled crew, as well as flying objects striking predicted to occur at both ends of the fashion. If the occupied spaces are passengers and crew. One possible car, more in agreement with initially decelerated more slowly, approach is to define, under the observations from actual accidents. people will be pinned to an interior dynamic conditions created by a The crash energy management design surface of the trainset with less force, approach results in varying longitudinal specific collision scenario: resulting in fewer and less severe (1) Limits on the maximum and strength, with high strength in the injuries. Once pinned against an interior average deceleration of the crew in the occupied areas and lower strength in the surface, occupants can then sustain control cab for the first 250 milliseconds unoccupied areas. This approach much higher subsequent decelerations after impact (assuming the crew had attempts to distribute the structural without sustaining serious injuries. anticipated the collision and placed Also, since unoccupied space is themselves in the crash refuge); 2 ‘‘Evaluation of Selected Crashworthiness intentionally sacrificed, less occupied Strategies for Passenger Trains.’’ D. Tyrell, K. (2) Limits on the maximum and Severson-Green & B. Marquis, U.S. Department of space will be crushed during the average deceleration of passengers in Transportation Volpe National Transportation collision. passenger cars for the first 250 System Center, January 20, 1995; ‘‘Train Crash energy management design milliseconds after impact; Crashworthiness Design for Occupant involves a system of interrelated safety (3) Minimum longitudinal, lateral, Survivability.’’ D. Tyrell, K. Severson-Green & B. Marquis, U.S. Department of Transportation Volpe features, in addition to controlled and vertical seat attachment strength; National Transportation System Center, April 7, crushable space, that could include: (1) (4) Minimum longitudinal, lateral, 1995. design techniques to keep the trainset in and vertical fitting attachment and 30688 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules luggage stowage compartment strengths; percent of the nominal static wheel FRA is concerned that suspension and vertical load on straight, level track. systems of all new passenger equipment (5) Minimum padding requirements Excessive lateral forces acting on a maintain passenger safety over their for seat backs and interior surfaces. rail can cause the rail to rollover and/ entire range of intended operating Achieving the second item requires or shift outward, allowing a wheelset to conditions. The suspension system careful design to create a differential in drop between the rails. For this to requirements, such as wheel structural strength between passenger happen, all wheels on one side of a equalization, must therefore be seating areas (‘‘occupied volume’’) and truck must be pushing outward on a established for all equipment and certain other areas that would be rail. The railroad industry generally service based on analysis from the allowed to fail before the occupied accepts that if the ratio of the sum of the system safety program. Compliance with volume. By contrast, permitting uniform lateral forces to the sum of the vertical this requirement would typically be rigidity throughout the trainset could forces exerted by all the wheels on one established as part of an equipment result in unacceptably high initial side of a truck on the rail is less than qualification program. accelerations of the passenger 0.5, there is little danger of rail rollover Wheel Thermal Stress compartments and possibly make the or shift. accident non-survivable. Excessive lateral forces, induced by a FRA is concerned that frequent, car traversing the track, can also cause repeated braking from high speeds Suspension System Performance the track as a unit to shift laterally on could induce thermal damage in wheels A passenger train suspension system’s its ballast. To assure that the track does that can result in cracking and potential purpose is to follow the track at all not get pushed out of alignment by a wheel failure in service. New high- speeds of operation and to minimize the train, the ratio of the net lateral load speed passenger equipment may include vibrations and motions transmitted to exerted by each axle to the net vertical blended brakes which combine dynamic the passengers. An unsafe condition load exerted by that axle must remain and friction braking (either on tread, occurs whenever the suspension system: less than 0.5. disk, or both). Such blended systems (1) Allows a wheel to lift from a rail; Passenger ride quality is generally a typically maximize the available comfort rather than a safety concern, (2) Allows a wheel to climb over a dynamic brake portion at all speeds to unless ride quality deteriorates so that rail; minimize wear and thermal input to the passengers are injured by a rough ride. (3) Transmits excessive vibration or wheels, discs, and friction brake To provide minimum protection for motion to the passengers; components. Wheel slide detection and passengers from injuries due to being (4) Exerts excessive force on a rail prevention is typically available to thrown about by excessive car body causing it to shift or roll; or minimize loss of wheel to track motions, FRA believes that equipment (5) Allows unstable lateral hunting adhesion of individual wheelsets during should be designed such that car body oscillations of a truck or wheelset. deceleration. lateral accelerations are less than 0.30g The vehicle no longer safely follows the peak-to-peak and the car body vertical Thermal demand on wheels due to track when a wheel either climbs the accelerations are less than 0.55g peak- frictional heating by tread brakes can be rail or lifts from the rail. Wheel climb to-peak, while the square root of the substantial when loaded cars are may occur in curves where large lateral sum of lateral accelerations squared operated at high braking ratios. This forces are generated as the truck plus the vertical accelerations squared scenario may apply to blended systems negotiates the curve. These lateral (the vector sum) is less than 0.604g which use tread brakes more extensively forces, particularly in combination with peak-to-peak. Compliance with this to make up for the loss of failed changes in vertical wheel load caused design standard would typically be dynamic brakes. Recent research has by track surface variations, can cause established as part of an equipment shown that for wheels on some types of the wheel to climb the rail. qualification program. passenger equipment operated at The ratio of lateral to vertical forces Sustained lateral oscillations of the weights of 60 to 80 tons per car, at acting on a wheel (L/V ratio) is generally truck (‘‘truck hunting’’) can lead to speeds from 80 to 100 mph and taken as a measure of the proximity of derailment. Sensor technology allows retardation rates of 2 to 3 mph/second, the wheel to derailment. If L/V remains the lateral accelerations of the truck to the brake horsepower which the wheel less than Nadal’s limit, which is 0.8 on be constantly monitored under service must absorb can flash-heat a shallow clean, dry, tangent track, then wheel operating conditions. FRA proposes that layer of the rim to a temperature high derailment is remote. trucks be equipped with accelerometers enough to damage the metal and Whenever insufficient vertical force to monitor for hunting so that corrective possibly cause a change in its exists to support the lateral force acting action can be taken when hunting is mechanical properties. on the rail, wheel climb can potentially detected. FRA proposes to define An operational test under simulated occur under a broad range of track ‘‘hunting’’ as a lateral acceleration of the service conditions was conducted in alignment and surface geometry truck frame in excess of 0.8g peak-to- October 1992 using wheels combinations. If a wheel lifts due to peak repeated for six or more cycles. instrumented with thermocouples to excessive rolling, twisting, or other Recent experience with the measure temperatures in the rim. The motions of the car body or truck, it will Massachusetts Bay Transit Authority’s test train was operated at near-empty likely return to the rail as long as no new bi-level commuter cars weight (61 tons per car) and at speeds excessive lateral forces exist to push it demonstrated the close relationship up to 100 mph. Wheel temperatures out of line with the rail. However, wheel between suspension system were measured during speed reductions lift represents a potentially unsafe performance and track geometry. The and stops, at retardation rates from 1.3 condition, because there is no certainty suspension system must be able to to 1.9 mph/second, with tread braking of the absence of a strong lateral force perform at low speed over track with only. Temperatures as high as 1000 °F. that prevents the wheel’s return to the relatively large surface variations, such (538 °C.) were measured by the rail. To assure that the wheel remains in as 3-inch cross level deviation, while thermocouple closest to the tread contact with the rail, each wheel must maintaining stability and smooth ride surface (approximately 0.1 inch below maintain a minimum vertical load of 10 quality at maximum service speeds. the tread surface). The S-plate wheel Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30689 design common in commuter service approximately 5⁄8-inch (16 mm) deep utilizes a high percentage of tread was used to obtain these results. from the surface of the wheel tread. braking and blended brake systems that Current Federal safety standards for This research causes FRA concern require a wheel tread friction brake to locomotives, under which MU cars are regarding the possibility of wheel carry a greater portion of the braking covered, define a defective wheel due to failures due to cracking initiated in load when the dynamic portion of the cracking as any wheel with ‘‘[a] crack or overbraked wheels. A visual estimation brake fails. break in the flange, tread, rim, plate, or of thermal damage is difficult in the Disc brakes are commonly used on hub.’’ 49 CFR 229.75(k). Although the absence of cracks. Conventional high speed passenger trainsets as a AAR Manual of Interchange Rules practices based on wheel discoloration companion to the dynamic brake system (1980) applies only to interchange have been discredited as being to avoid some of the thermal problems freight service, it is often applied to unreliable indicators of wheel thermal that can be caused by tread brakes. Disc equipment in passenger service and damage. Within the limits of current air brakes provide fail-safe braking and defines a wheel to be ‘‘condemnable at sensor technology, the best means high levels of retardation. Disc brakes any time’’ if it contains ‘‘thermal cracks: available to prevent wheel failure offer several advantages as opposed to transverse cracks in tread, flange or resulting from thermal damage is careful tread brakes. Disc brakes are less plate * * *’’ (Rule 41—Section A). The brake system design to limit the sensitive to moisture and have more 1984 edition of the same manual adds frictional heating of wheels to within uniform coefficients of friction at high a qualification as follows: ‘‘Thermal or safe limits. speeds. Disc brakes can also improve heat checks: Brake shoe heating Ad hoc recommendations identify the ride quality due to reduced jerk and less frequently produces a fine network of onset of thermal damage at wheel tread noise. In addition, disc brakes require near surface temperatures of 600 to 700 lower brake forces than tread brakes, superficial lines or checks running in all ° directions on the surface of the wheel F. In order to better quantify the effect thus permitting smaller cylinders and tread. This is sometimes associated with of temperature on wheel integrity, lighter rigging. But the main advantage skid burns. It should not be confused several metallurgical experiments of of disc brakes is that they allow braking with thermal cracking and is not a cause wheel material were done. The base heat to be dissipated using a heat sink for wheel removal.’’ material condition of a non-thermally other than the wheel. abused wheel rim is normally a pearlitic Brake discs can be mounted directly Heat checking is recognized by microstructure hardened to to the wheel with bolts or can be axle experienced failure analysts as a approximately RC 35. Metallurgical mounted. Axle mounted discs are phenomenon distinct from thermal examination near the treads of thermally installed on the axle between the cracking. In the absence of other effects, cracked wheels shows a spheroidized wheels. The disc consists of two friction heat checks are believed—at worst—to microstructure with an increased rings interconnected by cooling fins, progress to minor shelling or spalling hardness for a layer approximately 1⁄2- which exist in several forms, including which can be detected and corrected inch deep. a vane design and a ventilated design. well before they cause a risk to This microstructure form is usually The vanes and fins increase the operational safety. However, recent associated with formation by a sequence convective cooling of the disc as it research has shown that heat checks are of heating to extremely high rotates. Retarding force is provided by unsafe if the affected wheel has also temperatures (above 1400 °F.) followed means of a caliper—actuated by a been subjected to rim stress reversal. by rapid quenching to produce pneumatic cylinder—that clamps brake Wrought wheels used in commuter martensite (an undesirable steel pads against the rotating disc. service are rim-quenched after forming microstructure), followed by tempering Substantial research and development to create a layer of residual compressive at high temperature (800 to 900 °F.) to effort has gone into the design of disc stress in the rim extending inward from transform martensite to spheroidite. brakes, especially for European high- the tread. Depths of penetration of the Since field data indicated that wheel speed trains. While disc brakes are well compressive layer are estimated at 1.2 temperatures were not reaching the suited for high-energy dissipation and inches (30 mm) by finite element elevated levels necessary to produce the high-temperature events, disc pad wear simulations of the quenching process. laboratory material transformation, more and thermally damaged discs are two of This residual compressive stress is work was done to try to explain this the cost drivers in maintaining high- beneficial since compression tends to inconsistency. This laboratory work speed passenger trainsets. force cracks closed and retard crack involved testing of wheel steel samples One manufacturer of disc brakes has growth. that were exposed to combined rapid recommended limiting disc pad Repeated wheel excursions to high heating and high compression. The temperatures to 750 °F. to prevent temperatures can result in stress combination of heat and compression thermal damage to the wheels or brake reversal in the wheel rim, especially in was used to simulate the environment of pads during stop distance tests of a shallow layers near the tread surface material near a wheel tread surface that European trainset to be tested in the where cracks are likely to originate. is subjected to combined stop-braking Northeast Corridor. Estimates of residual stresses in new (as (heat) and rail contact (compression). Based on these concerns and research, manufactured) wheels were obtained by The results of these laboratory tests FRA wishes to explore requiring each application of an advanced finite showed that the microstructure of the railroad establish the maximum safe element-based technique which uses material can transform at temperatures speed that each type of its equipment stresses due to quenching as an input below 1200 °F if the material is also can be operated over a specific route, state and then calculates the final compressed, and the transformed when the dynamic portion of the brake residual stress state after repeated microstructure can have an appearance has failed or is disabled. These speed simulated stop-braking from 80 mph at similar to that of spheroidite. limits should be established as part of 2 mph/second. The results of this Based on this research, FRA is the system safety program. simulation predict stress reversal concerned that passenger equipment in Another possible concern involving (reversal from circumferential service with frequent stops from high disc brakes is wheel slide. Due to the compression due to quenching to speeds can over brake wheels. Of high retardation rate that can be residual tension) in a layer particular concern is equipment that achieved with disc brakes, failure of the 30690 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules wheel slide protection system can cause The majority of the Working Group prepared by ADL under contract to the formation of martensite in the has expressed a preference for only two Amtrak, entitled ‘‘Northeast Corridor vicinity of the wheel/rail contact region. tiers of equipment standards for Risk Assessment’’ (August 26, 1994). A This can lead to wheel mechanical intercity and commuter service, and for copy of this report is included in the damage similar to that caused by basing the criteria for distinguishing docket. excessive tread braking. between the tiers on a system safety One of the factors that will make an What steps have the passenger rail approach rather than solely on operating approach to equipment safety standards industry taken to prevent wheel damage speed. As a result, the discussion of based on risk assessment difficult to due to over braking? What wheel tiered safety standards that follows implement is that the industry must thermal problems continue to occur in centers around a two-tiered approach. quantify and make public the degree of the field? How should thermal limits on FRA recognizes that approaches risk that is considered acceptable. Is the wheels and discs be handled in safety containing more than two tiers may be level of risk per billion highway regulations? desirable. Accordingly, FRA will passenger miles the criterion? Is the Tiered Equipment Design Standards carefully consider alternate approaches level of risk per billion passenger miles Based on Risk Analysis received in response to this ANPRM in scheduled air carrier service the that contain more than two tiers of criterion? FRA believes there may be merit in a safety standards. Such alternate FRA seeks industry comments on a tiered approach to equipment safety approaches should attempt to explain tiered approach or alternate approaches standards based on a risk analysis of the the safety/economic advantages of safety to passenger equipment safety operating environment in which the standards based on more than two tiers, standards. Does the initial approach of equipment will operate. (Tiers are levels and should attempt to define and state speed break points suggested by FRA of design requirements determined by the logic behind the criteria used to system safety considerations.) The make sense? What would be the impact distinguish between these tiers. (A advantage of such an approach is that it of imposing this set of break points? formal vote by the Working Group on takes into account system safety factors What existing commuter operations the number of tiers to use has not been other than equipment design that reduce would be caught between conventional taken. Amtrak can envision the need for safety risks. The tiered approach also and intermediate speed standards? at least three tiers, as specified in the readily lends itself to amending the Should FRA grandfather the current introduction of Appendix B.) equipment providing this service and safety standards for a new type of The basic concept behind a system service—a new tier could be added apply the more stringent standards only safety approach for tiering is that safety to the new or refurbished equipment without changing the existing standards. risks can be reduced by controlling any The disadvantage is that such an procured to provide service in this number of operating environment speed range? Should FRA also approach can rapidly become very factors in addition to equipment design, complex. Further, when applied to grandfather all of Amtrak’s equipment inspection, testing, and maintenance. providing service at speeds greater than design performance criteria for new Factors that should be considered when equipment, an excessively tiered 79 mph? Should other sets of break performing a risk analysis to determine points be considered? If so, which and approach could result in purchases of the correct tier of equipment equipment that might be severely why? What should be the major change requirements include: in equipment safety standards at each limited with respect to its future uses (1) Maximum operating speed; and marketability. break point? What problems could be (2) Presence of at-grade rail crossings; caused by the approach to For simplicity, FRA had initially (3) Type of protection at highway envisioned tiered safety standards based grandfathering current equipment grade crossings; operating in each speed range? on operating speed alone. FRA (4) Number of at-grade rail crossings; suggested the following logical break (5) Current and projected train traffic Rather than the initial FRA approach, points to the Working Group for tiered densities; does the concept of tiered standards equipment standards: (6) Capabilities of current and based on the outcome of a risk analysis • Level 1—up to 30 mph—Tourist planned signal systems; make sense? Would such an approach and Excursion Railroads. (7) Tracks shared with freight trains; be too complex? Is the industry willing • Level 2—up to 79 mph— (8) Shared rights-of-way with freight to undertake the thorough risk analysis Conventional Passenger Operations. or light rail type operations; process necessary to make such an • Level 3—up to 125 mph— (9) Wayside structures; and approach effective? What would the Intermediate Speed Operations. (10) Special right-of-way safety industry use as an acceptable level of • Level 4—up to 150 mph—High features such as track separation risk to determine break points between Speed Operations. distance, barriers or track obstruction tiers of requirements? However, discussions with the Working detection systems. The discussion of possible safety Group highlighted several objections to If the risk analysis shows that the type standards that follows is based on a two- this approach based on tiering by of operation or non-equipment safety tiered approach. The question of exactly maximum operating speed alone. features result in a very low risk how to draw the line between the two Conventional intercity passenger trains operation, less restrictive—or Tier I— tiers of requirements is not answered. operated by Amtrak, powered by diesel- equipment safety standards would be For purposes of discussion, Tier I electric locomotives, frequently operate appropriate. If the risk analysis shows a requirements are broadly applied to at speeds up to 90 mph, and commuter higher risk of operation due to higher operations with a known low risk or railroads provide ‘‘conventional’’ operating speeds, traffic densities, or record of proven safe operation, e.g., service at speeds up to 110 mph. Both some other factor, Tier II equipment passenger equipment operating at Amtrak and commuter railroads safety standards—which reduce risk speeds of 110 mph or less. Tier II expressed a strong opinion that their more than Tier I standards—would be requirements are broadly applied to ‘‘conventional’’ equipment had proven used. A good example of a risk analysis higher risk operating environments, e.g., itself capable of operating safely at of a passenger railroad operating Amtrak’s planned operation at 150 mph ‘‘intermediate’’ speeds. environment is provided in a report in the Northeast Corridor or perhaps Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30691 cab-car-forward operations under some FRA made both Tier I and Tier II striking the interior at a relative speed sets of higher risk operating conditions. equipment safety concepts available to of up to 25 mph. If the seat is to remain Although the discussion of possible the Working Group for discussion and attached during a train-to-train collision safety standards that follows is based on consideration. The safety parameters in excess of 35 mph, simulation analysis a two-tiered approach, this does not contained in these concepts draw upon indicates that coach seat attachment mean FRA assumes a proposed rule will AAR Specification S–580 for locomotive strength must be able to resist the be based on two tiers. A discussion of crashworthiness, existing regulations inertial force of 8g acting on the mass a two-tiered approach serves only as the (49 CFR Part 229), NTSB of the seat plus the impact force of the simplest means to present the concept recommendations, and an analysis of mass of the passenger(s) being of tiering. FRA remains open to the forces produced as a result of decelerated from a relative speed of 25 alternate concepts based on more than realistic collision scenarios. mph. two tiers, or concepts that define the Appendix B outlines safety FRA believes that sufficient potential break point between two tiers parameters provided for consideration crush distance is available in single- differently. for Tier I and Tier II equipment. Given level equipment with end vestibules FRA recognizes the need to handle that Tier II equipment is intended to such that good crash energy special equipment such as that operated operate in an environment that can management design can achieve the 6g- by tourist and excursion railroads and create a greater safety risk than Tier I maximum and 4g-average limits for private passengers cars outside this two- equipment, most Tier I parameters passengers (other than those riding in a tiered system. outlined in Appendix B also become leading control cab) even for a high- FRA also recognizes the possible Tier II parameters. To simplify the task speed crash scenario. Other equipment future need for a third tier for of responding to this ANPRM, types (bi-level, gallery, and food service equipment intended to operate at very Appendix B contains only those Tier II with no vestibules) need to be studied high speeds—in excess of 150 mph. requirements that are in addition to, or to determine the limits of potential However, operations at such speeds different from, Tier I requirements. crush distance. It is emphasized that neither FRA nor would be considered only on dedicated On the other hand, FRA recognizes the Working Group has endorsed these rights-of-way with no at-grade highway the difficulty in limiting the initial safety parameters, except to the extent or rail crossings. In such instances, FRA deceleration of the crew in the cab to a that they mirror existing regulations. will review equipment safety criteria as survivable level during a high-speed an integral part of an overall system FRA is not proposing their adoption; rather, FRA makes available for collision because little unoccupied safety program, issuing a rule of crush space is available forward of the particular applicability. discussion the results of efforts by the technical staff to identify safety risks control cab. As a result, Appendix B Discussion of Possible Safety Standards and to suggest possible means to contains a design goal of limiting address these risks. decelerations on the crew in the cab to Basis for Safety Parameters Under 24g maximum and 16g average for the Consideration While the basis for many of the safety parameters suggested for discussion will first 250 milliseconds of the crash pulse. In preparation for rulemaking, FRA be self evident, certain of the more (The 250-millisecond duration was considered the service history of general novel concepts warrant explanation. selected as the time required for people system railroads in the United States, The following discussion addresses that to make their initial impact with an research and technical advice from the need. interior surface and be pinned by inertia Volpe Center (incorporating learning Limiting initial decelerations of against that surface. After this time, the from human trauma studies in other passengers to 6g maximum and 4g peak deceleration can be greatly modes of transportation), staff analysis, average—as suggested in Appendix B— increased without causing extensive and learning gleaned from extensive is based on automobile crashworthiness injuries.) Based on analysis results, the consultations with knowledgeable research. These decelerations are peak deceleration of a leading control persons (both within the United States identified as levels that unrestrained cab is approximately 12g. Analysis and abroad) over several years of study. people are likely to survive if the indicates that this peak deceleration In addition, FRA has worked with interior of the vehicle is designed to does not increase as collision speed Amtrak to develop safety features mitigate secondary impacts (i.e., the increases, but it does increase the time incorporated into Amtrak’s specification compartmentalization design strategy). over which this peak deceleration is for high-speed trainsets. Analysis shows peak longitudinal exerted on the cab. During the collision, Safety features suggested by FRA to deceleration of the occupied spaces of unrestrained crew members may be Amtrak for high-speed trainsets— coach cars protected by a leading or thrown against the interior of the cab intended for use in the mixed trailing locomotive or power car is with a force substantially greater than passenger/freight environment—serve as expected to be approximately 8g for a that associated solely with the the basis for sample safety parameters train-to-train collision at a speed in deceleration of the train. This increase used by FRA to evoke a discussion of excess of 30 mph. Greater collision in force is due to the crew member Tier II equipment safety standards. speed does not significantly increase the striking an interior surface or object at Current North American passenger rail peak deceleration of the occupied coach a relative speed of up to 25 mph. safety practice, recent NTSB volume, but it does increase the time Decelerations of this magnitude require recommendations, and selective use of over which the occupied volume is restraint systems or a crash refuge to requirements gleaned from decelerated. protect the crew in the cab. recommendations made to Amtrak for During the collision, unrestrained FRA believes that many crash high-speed trainsets serve as the basis occupants of such a coach will be survivability issues can be resolved for the sample safety parameters used to thrown into interior fixtures, such as without great difficulty. However, evoke a discussion of safety standards seatbacks, with a force substantially protecting persons from secondary appropriate for a less challenging greater than that associated solely with impacts is a considerable challenge. To operating environment (Tier I the deceleration of the train. This limit the decelerations of people to equipment standards). increase in force is due to the occupant survivable levels, high-speed trainsets 30692 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules must be designed with a crash energy a highway vehicle striking the side of a the operator’s cab under such management feature. train; and conditions. The greater the crush distance that (2) Designs of some passenger The sections of this ANPRM can intentionally be designed into the equipment have floor levels low to the addressing design standards seek input trainset before reaching an occupied rail, creating the tendency for a heavy from the industry on how to take volume, the more survivable a collision highway vehicle striking the side of the advantage of the safety improvements will be. In equipment operated with a train to climb into the occupied offered by a crash energy management cab car forward, the control cab is passenger volume rather than being design approach for future passenger necessarily near the leading surface of driven under the underframe of the equipment. the trainset, so very little crush distance passenger rail car. is available to protect people in the cab. Analysis shows that current single- Inspection, Testing, and Maintenance As a result, the decelerations of people level intercity passenger coach Requirements will be large, resulting in more equipment is sufficiently strong, and Pre-Departure or Daily Safety numerous and more severe injuries. will derail in collision scenarios similar Inspections An argument presented against to that described above before a increases in structural strength significant amount of crushing of the A pre-departure or daily safety requirements for new passenger occupied passenger volume occurs. FRA inspection is an essential element of a equipment is that the new equipment believes that future equipment should system safety program for all trains that would be a hazard to existing passenger perform at least as well as current carry passengers. The pre-departure or equipment operating in the same equipment in such collisions, and that daily inspection should include the corridor. This argument is based, in a need exists to specify minimum side steps necessary to ensure the train part, on a 1972 rear-end collision impact protection for rail cars with low departs without mechanical, electrical, between two passenger trains in floor levels such as bi-level equipment. or electronic defects that could degrade Chicago. In this collision, an older, Other scenarios where reasonable side the safe operation of the train. heavier car climbed over a newer car of strength may be of value include side Amtrak has voluntarily implemented lighter construction, telescoping into the impacts at switches and at railroad a pre-departure safety inspection of all passenger compartment of the lighter crossing diamonds (when e.g., a single passenger trains. Amtrak developed the car, resulting in the deaths of many freight car rolls free during switching). inspection procedures in close people. cooperation with FRA. The procedures Some have contended that increased A proposed concept for a side impact combine a power brake inspection and structural strength for new passenger strength design requirement involves test, a mechanical inspection similar to equipment would create an equivalent the ability of a car body to withstand— that required for freight cars, a safety incompatible situation between new with limited deformation of the car appliance inspection, and spot checks equipment and existing equipment. body structure—the load applied by a by supervisors. Amtrak has been using However, several differences between loaded tractor trailer travelling at a the situation in 1972 and today refute selected speed which collides with the these procedures since April 1994, and this argument. Today’s passenger side of the car over an area and at a they do not appear to have an adverse equipment has collision posts, height typical of tractor trailer bumpers. impact on train schedule. Appendix C anticlimbers, and strong truck-to-car What specific parameters should be contains a copy of the inspection body attachments—all intended to used to implement this concept, or what procedures used by Amtrak. These prevent climbing and telescoping. In alternate concepts can be proposed for inspection procedures are offered as an addition, both existing equipment and a side impact strength design example only. They are not a general new equipment will have the same basic requirement? solution to how to conduct pre- static end strength (backbone). While FRA’s concern for a minimum departure safety inspections of new equipment may have a more rollover strength requirement is based passenger trains. substantial end structure, the crash on accidents such as that which Using the Amtrak procedures as a energy management system will cause occurred to Amtrak’s Lakeshore Limited starting point, FRA solicits comments this end structure to be pushed back in January 1994. The train derailed on how these procedures need to be into the unoccupied space of the new while travelling from Albany, New tailored to fit the needs of each segment equipment rather than forward into the York, to Chicago, and several cars rolled of the industry. What train schedule existing equipment. Alternatively, some down an embankment. Very little impacts will result from implementing a of the end structure strength crushing of the occupied volumes of any pre-departure or daily safety inspection characteristics might be placed inboard of the cars involved occurred. The program? Does FRA need to be made of the crush zones. current design of single-level intercity aware of any circumstances or reasons Once the crash energy management passenger cars generally performs well for not performing a pre-departure or system crush distance is consumed, the when subjected to the impact loads daily safety inspection? What range of full height of the collision posts and associated with tipping on a side or options should an operating railroad corner posts recommended for the new rolling onto its roof from an upright have when the safety inspection equipment will likely deflect the older position. While these loads may vary uncovers a defect? How should any equipment up over the new equipment significantly depending upon the nature proposed safety standards take into rather than creating a telescoping of the wayside where the rolling occurs, account and encourage the potential situation. The fears expressed are FRA believes that passenger cars should that technology provides to automate therefore unlikely to materialize. have minimum side strength and roof pre-departure or daily inspections of The basis of the concern for side strength to help minimize the loss of future equipment? As automated impact strength and the point of occupied volume should a rollover features are added to passenger trains, application of side impact forces stems occur. FRA also believes that does a train information system that from two facts: locomotives and power cars should records and logs inspection and test (1) Approximately 25 percent of all have sufficient side and roof structural results and maintenance status make highway-rail crossing accidents involve strength to minimize loss of volume in sense? Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30693

In terms of labor, materials, etc., what Private Passenger Cars for pre-departure and daily safety additional resources would each FRA believes a private passenger car inspections be written so they are operator need to perform a pre- should be held to the same basic enforceable but provide the flexibility departure inspection equivalent to inspection standards as the other required to meet service requirements, Amtrak’s? How many pre-departure or equipment being hauled in the train hold down costs, and encourage daily inspections are performed hauling the private car. However, FRA innovation? annually by each operator? What intends to take into account the Tier II Equipment potential safety benefits could result financial burden imposed by requiring from performing inspections equivalent Since Tier II equipment will be private passenger car owners to modify designed for operation in higher risk to Amtrak’s? Please explain or their equipment to meet any new design document estimates. For those currently and/or consequence operating standards included as part of proposed environments, FRA believes the safety performing inspections, what additional passenger equipment safety standards. benefits could be realized by modifying inspection program to be used with the FRA needs private passenger car equipment should be developed from a those inspection procedures to meet owners to address the following Amtrak’s? Please explain or document. thorough risk analysis done as part of questions as part of their response to the system safety program. This risk Tourist, Museum, and Other Special or this ANPRM: What minimum set of analysis should result in a set of Unusual Equipment inspection requirements should host inspection criteria, tasks, intervals, and FRA recognizes that most tourist operators impose on private passenger skills required to develop a safety railroads are small businesses operating cars? How should these minimum inspection program that reduces the older equipment on a limited budget. As standards be incorporated into Federal overall risk of operation to an acceptable a basis for discussion, FRA postulates a regulations? What effects are foreseen level. from the proposed passenger equipment simple system safety program for Planned Testing, Preventive excursion and tourist railroads based safety regulations on the ability to operate this equipment? Take care to Maintenance, and Personnel on: Qualification Requirements (1) A pre-departure safety inspection point out all potential unintended that takes into account the type of impacts. FRA believes planned testing and equipment being used; How many private passenger cars are preventive maintenance requirements of (2) A periodic testing and in operation? On average, how many safety-critical systems or components— maintenance program based on the type miles do private passenger cars travel triggered by time, mileage, or some of equipment and the extent of its use; annually? What potential safety benefits other key reliability/safety parameter— and are available from the proposed are also an essential feature of a system (3) Minimum qualifications for standards for private passenger cars safety program. A key step in the system inspectors and maintenance personnel operators? To what extent will they be safety program is to perform a reliability to ensure that they have the knowledge realized under the proposal? Please analysis or use accumulated reliability necessary to perform safety-critical explain. data to determine the planned tests and preventive maintenance tasks—as well tasks. Tier I Equipment FRA needs the tourist and excursion as what should trigger them—that are railroad industry to address the FRA believes standards for pre- required to maintain a safe operation. following questions: What are the effects departure and daily inspections of Tier The system safety plan should also of such a simple system safety program I equipment should take into account include an approach to accumulate the on tourist and excursion railroad the type of equipment being used and data necessary to justify changes in operations? How can the requirements the type of service. Pre-departure safety maintenance approaches or intervals for for a pre-departure safety inspection be inspection and test criteria implemented safety-critical systems and components. written so they are enforceable but by Amtrak should be considered as a Most passenger equipment operators provide necessary flexibility? guide for developing a set of core already have testing and maintenance Information available to FRA inspection criteria for incorporation into requirements for their equipment, indicates that there are approximately Federal safety standards for Tier I though the extent to which they are 100 excursion railroads subject to FRA equipment. These inspection criteria are based on formalized risk analysis is not jurisdiction, operating about 250 given as Appendix C. clear. FRA searches for a means to locomotives and 1,000 passenger cars. Is FRA recommends that each operator ensure that all industry system safety this information correct? What size of passenger equipment use these programs include preventive crews operate excursion and tourist criteria as a guide, and comment on how maintenance and planned testing trains? What is the average annual similar criteria could be—or have requirements while allowing the passenger car mileage for tourist and been—implemented as part of its industry the flexibility needed to cope excursion railroads? What human and operation. Members of APTA are with various operating environments. physical resources are available to these encouraged to comment through the FRA also recognizes the desirability of railroads for inspection and APTA members on the Working Group. allowing maintenance or testing maintenance of equipment? FRA recognizes that the pre-departure intervals to be changed based on What potential safety benefits are inspection need not be a complete safety accumulated operating experience with available from the proposed standards inspection. The combination of the the equipment. for tourist and excursion railroads? To daily and the pre-departure inspections Currently, what equipment is tested what extent will they be realized under should be considered the complete and maintained periodically? How often the proposal? Please explain. safety inspection of the train. (in terms of miles, time, or other FRA also solicits comments from the To what extent would daily and pre- parameters) is this equipment tested and tourist and excursion railroad industry departure inspections vary from current maintained? How can standards be on how passenger equipment safety practice? To what extent would these structured to allow testing or standards may impact them in requirements impact passenger maintenance intervals to be changed unintended ways. operations? How can the requirements based on either good or bad operating 30694 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules experience while maintaining adequate standards will be a means to measure or Private Passenger Cars safety margins? What do periodic tests to demonstrate the effectiveness of FRA believes that a private passenger and maintenance currently entail— individual training programs. Unless car should be held to the same basic labor, materials, etc.? What benefit(s) people with the necessary knowledge planned testing and preventive would be associated with a periodic and skill perform safety-critical tasks, maintenance standards as the other testing and maintenance requirement? passenger equipment operators cannot equipment being hauled in the train Please explain. have an effective system safety program. hauling the private car. However, FRA FRA views the skills and knowledge How should the proposed safety anticipates that since private passenger of the people responsible for standards be structured to ensure that cars tend not to be highly used inspections, testing, and maintenance as each operator meets this important equipment, the events that trigger one of the most important requisites of responsibility to demonstrate the skills planned tests or preventive maintenance an effective system safety program. FRA and knowledge of personnel that seeks a means for passenger equipment (mileage, time, etc.) will occur less perform safety-critical tasks on frequently than for equipment in operators to demonstrate that the people passenger equipment? Currently, how performing crucial safety inspections regularly scheduled passenger or many employees/contractors are commuter service. and maintenance tasks—whether they involved in inspecting, testing, and be mechanical forces or train crews— Since private passenger cars tend to maintaining a passenger car or be vintage equipment with parts, and have the current knowledge and skills locomotive? How many of these people necessary for their jobs. As equipment testing and maintenance procedures that are mechanical personnel? Are there are no longer common in the rail incorporating new technology—to established minimum training and include remote sensing and automated passenger industry, the knowledge and qualification requirements for skills necessary to conduct an effective testing—comes into widespread use, a employees and contractors performing better trained inspection and planned testing and preventive inspections, tests, and maintenance? maintenance program are likely to be maintenance workforce will be required Approximately how many labor hours and minimum qualification standards possessed by only a few individuals. does each passenger service operator What minimum set of planned testing will become more important. spend each year on these activities? GAO Report RCED–93–68 and preventive maintenance What are the potential benefits of ‘‘Improvements Needed for Employees requirements should host operators increased training in periodic testing Who Inspect and Maintain Rail impose on private passenger cars? How and maintenance? To what extent are Equipment’’ highlights some of the should these minimum standards be expenditures on such training cost concerns regarding the knowledge and incorporated into Federal regulations? effective? Historically, does this type of training of personnel performing safety- What should be the basis for scheduling training produce identifiable safety critical tasks. GAO concludes that planned tests and preventive benefits? Please explain. training programs for mechanical maintenance for private passenger cars, employees and foremen have Tourist, Museum, and Other Special or and what critical tasks need to be weaknesses that leave passenger Unusual Equipment performed? How should owners of railroads vulnerable to skill shortfalls in private passenger cars demonstrate to FRA believes that tourist and the inspection, testing, and maintenance FRA that personnel performing safety- excursion railroads, museums, and workforce. GAO points out that the critical tasks have the knowledge other operators of special or unusual personnel who inspect, test, and necessary to do the job? To what extent maintain European high-speed equipment that carry passengers should does any third party monitor the quality passenger trains receive much more have: of work performed on passenger cars by training and generally are more skilled (1) A planned testing program; contract shops? (Amtrak currently than their American counterparts. (2) A preventive maintenance operates a certification process for European railroads require mechanical program keyed to mileage, time, or some private passenger cars that desire to employees either to pass an examination other triggering parameter; and operate in Amtrak trains.) (3) A means to demonstrate that the or to demonstrate their proficiency. An Tier I Equipment internal FRA assessment confirms the people carrying out these programs have findings of this GAO report. Copies of the knowledge and skills necessary to Since Tier I equipment will very both the GAO report and the internal correctly perform the safety-critical likely be traditionally designed FRA report documenting this tasks identified as part of these equipment that operates in assessment have been placed in the programs. environments with which railroads have docket. FRA seeks to establish a minimum a wealth of experience, planned testing FRA seeks comment from all program for operators of special or and preventive maintenance programs segments of the industry on how to unusual equipment that takes into should be based on that experience with require passenger equipment operators account the resource constraints placed the type of equipment and its extent of to demonstrate that the people (whether on these operators, and yet recognizes use. Operators of Tier I equipment employees or contractors) performing that even equipment operated for short should have a planned testing and safety-critical tasks have the knowledge distances and at low speeds requires maintenance program based on and skills to do so. FRA does not wish periodic maintenance attention by operating experience with the to mandate specific training programs or skilled individuals to maintain safety. equipment. Changes to the program experience requirements; FRA believes What should be the basis for would also be based on operating that these details are the purview of scheduling planned tests and preventive experience. each individual operator and that each maintenance, and what crucial tasks As part of the operating experience on railroad should establish the minimum need to be performed? How should Tier I equipment, railroads need to training and qualification requirements tourist and excursion railroads identify the safety-critical maintenance based on the equipment being operated. demonstrate to FRA that personnel tasks and the skills required to perform However, an important feature of performing safety-critical tasks have the them. Railroads must use this proposed passenger equipment safety knowledge necessary to do the job? knowledge to develop a training Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30695 program to ensure inspection and conventional uniform longitudinal anticlimbers can play an important role maintenance personnel have these skills structural strength design approach to by allowing the significant structural and are able to demonstrate them. be as effective as a crash energy strength of the underframe to resist the What should be the basis for management design approach in full collision forces during the initial scheduling planned tests and preventive providing protection for passengers and phase of an impact. Bending the maintenance for Tier I equipment? What crew at speeds up to approximately 70 underframe before the collision posts or critical tasks need to be performed? mph. Although crash energy end structures take over the role of How should railroads demonstrate to management design can benefit protecting the cab occupants can FRA that personnel performing safety- passengers of equipment involved in dissipate a large amount of the critical tasks on Tier I equipment have lower speed collisions, this analysis collision’s energy that might otherwise the knowledge necessary to do the job? suggests that the additional expense of cause crushing of occupied space. a crash energy management design may Tier II Equipment Does other evidence exist to support not be justified for some new Tier I or refute this computer model Because Tier II equipment will be passenger equipment, depending upon prediction of anticlimber effectiveness? new equipment designed for operation the upper speed limit in this tier. What design analysis has been done on in higher risk operating environments, The Rail Safety Enforcement and existing anticlimber designs under FRA believes the planned testing and Review Act (RSERA), Pub. L. No. 102– dynamic conditions simulating a preventive maintenance program for 365, 106 Stat. 972 (September 3, 1992), collision? Are anticlimber design safety-critical systems and components requires FRA to report to the Congress changes necessary to ensure that should be developed from a thorough on the crashworthiness of locomotives anticlimbers are loaded vertically as risk analysis done as part of the system and the effectiveness of AAR intended during collisions? Are safety program. This risk analysis Specification S–580, which is the practical design concepts available that should result in a set of planned testing current industry standard regarding may improve anticlimber performance and preventive maintenance criteria, crashworthiness of locomotives. Much during collisions? Can anticlimbers be tasks, intervals, and skills required to of the research and analysis done to designed that make bending (but not develop a program that reduces the comply with this law can be applied to collapse) of the underframe likely before overall risk of operation to an acceptable head-on and, potentially, rear-end collision posts or end structures are level. What is an acceptable level of risk collisions of passenger trains. required to bear significant loads? What This analysis shows AAR in developing risk-based performance would be the likely costs associated Specification S–580 provides a standards for this type of equipment? with alternative designs to ensure that significant increase in crashworthiness anticlimbers are loaded vertically Equipment Design Standards over locomotives built prior to during collisions? Standards for Tier I Equipment implementation of this specification. However, the locomotive collision The computer model also predicts Current passenger equipment has computer model developed to support collision post designs currently used by certainly demonstrated its ability to the RSERA shows a weakness in the North American manufacturers exceed operate safely at speeds up to 125 mph. way locomotive builders implement the the requirements of AAR S–580 by a However, the design of this equipment S–580 anticlimber requirement. The factor of two for freight locomotives— is largely based on loose industry model shows—at all but very low weight restrictions can prevent such a standards that are no longer actively collision speeds—that at the onset of large factor of safety in passenger maintained or enforced. The design of override, the anticlimber of the locomotives—and that this additional new Tier I passenger equipment should locomotive being overridden is crushed strength provides significant additional not be left to a collection of similarly and sheared or bypassed rather than protection to the crew in the cab. loose standards. A practical approach to loaded vertically by the anticlimber of Should a modified version of AAR S– establish minimum safety standards for the opposing locomotive. Evidence from 580 specifying a more effective new Tier I equipment would be to several collision investigations tends to anticlimber, stronger and full-height consolidate current safety related design confirm this prediction. Examination of collision posts, and full-height corner standards or industry practices directly locomotives and cars equipped with posts be considered as part of the safety into the new regulation. anticlimbers that have been involved in standards for new conventional FRA believes train operation has collisions where override occurred passenger locomotives? What would be significantly changed since the design shows evidence of bending of the the likely impacts of such a standard on requirements in 49 CFR 229.141 for anticlimber shelf due to high coupler locomotive weight and performance? trains of total empty weight of less than loads. This bending appears to prevent What costs would be associated with 600,000 pounds and AAR Specification the shelf from being capable of resisting specifying full-height collision posts S–034,‘‘Specification for the a vertical load. Couplers designed to and full-height corner posts on Construction of New Passenger Cars,’’ break away or load some part of the conventional locomotives? were first promulgated. Have these structure so that the anticlimber shelf is Rather than a standard similar to AAR requirements outlived their usefulness, not deformed before being required to S–580, should a unitized type of end and should they be eliminated? Would resist a vertical load appear to be structure with integral collision and a regulation based on the compilation of necessary to allow the anticlimbers to corner posts that extend to the roof line current North American industry function as intended. be considered for a design standard for structural design standards and FRA believes that if passenger conventional passenger locomotives? practices provide the ‘‘minimum floor’’ equipment can be designed to fully Would it be feasible to develop a purer crashworthiness requirements for Tier I involve (bend but not collapse) the performance specification for train end equipment? underframe to resist collision forces structural strength that allows full Initial analysis and computer before collision posts or end structures flexibility in the design of structures? modeling by the Volpe Center, using a are loaded, the ability to maintain What collision scenarios and forces lumped-mass model and idealized uncrushed, survivable volumes will be should be considered in such an force-crush characteristics, predicts the maximized. Properly designed approach? Such an approach could 30696 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules provide weight and performance equipped emergency personnel can (1) Require testing with a thinner advantages. quickly gain access through the roof? witness plate? Fuel spills are both an environmental (3) Minimum strength of seat (2) Require a more repeatable impact and a safety problem. Fires resulting attachment? test? If so, what should the impact test from fuel spills can turn a minor (4) Minimum strength and enclosed requirement be? accident into a major event. What is the luggage compartments? (3) Require periodic recertification of experience of passenger railroads with To what extent does passenger vendors by an independent testing fuel spills? What clean-up costs have equipment currently have backup power laboratory? been incurred? Should all diesel systems in place? What would it cost to (4) Address the strength of the glazing passenger locomotives—including self- install a backup power system? What frame? If so, how could this be propelled diesel cars—be equipped with safety benefits would result from practically done? the type of strengthened fuel tanks that backup power systems? (5) Require increased strength, impact meet the requirements in Appendix B How many coach units have backup resistance, or bullet penetration proposed for Tier II equipment? If not, emergency lighting? What would it cost resistance? what performance standard should be to install a backup emergency lighting What would the impact on glazing used for Tier I diesel passenger system? What rationale is used to thickness and weight be if FRA were to locomotive fuel tanks? determine whether a unit will have modify Part 223 as suggested above? To How much would it cost to equip backup emergency lighting? To what what extent should interior glazing be conventional passenger service extent would potential safety benefits be considered in this proceeding? Are locomotives with the type of realized? Please explain. appropriate reference standards already strengthened fuel tanks discussed in What would it cost to install roof available? What benefits could be Appendix B? What levels of safety hatches or access areas on cars? derived from modifying Part 223 as benefits can be realized from What options exist for enclosing suggested? What would be the cost to strengthened fuel tanks? Please explain. existing luggage compartments? At what realize these benefits? Based on the findings of recent cost? To what extent would potential Fire Safety investigations of accidents involving safety benefits be realized from passenger trains, several factors have enclosing luggage compartments? Please FRA does not have regulations contributed to the number and the explain. covering fire safety of passenger extent of the injuries suffered. Among equipment. Current industry practice is Safety Glazing these factors are: to follow FRA guidelines published in (1) A lack of reliable backup One of the issues addressed by the Federal Register on January 17, emergency lighting for coaches; existing regulations that bears on the 1989. (See 54 FR 1837, ‘‘Rail Passenger (2) A lack of means to exit coaches safety of passenger train occupants is Equipment; Reissuance of Guidelines and locomotives more easily—from both exterior glazing. Because of the for Selecting Materials to Improve Their ends and all compartments—especially complexity of the issues in this Fire Safety Characteristics.’’) Fire when they are resting on their sides; proceeding, satisfaction with existing (3) Seats that break loose from resistance, detection, and suppression standards, and the need for coordination attachment points or that rotate; and technologies have all advanced since (4) Luggage and other objects thrown with freight interests not represented on these guidelines were published. about the interior of coaches. the Working Group, the Working Group Amtrak follows more stringent Amtrak believes that existing industry has expressed a reluctance to address specifications for fire safety than found standards for emergency lighting are glazing in this proceeding. In order to in FRA’s guidelines. A trend toward a adequate and should become the determine whether to renew its request systems approach to fire safety is Federal standard. NTSB would like a to the Working Group or another evident in most countries with modern requirement for securing the batteries advisory body to examine this issue, rail systems. Are Federal regulations or that provide power to emergency lights FRA seeks information on incidents of more in-depth guidelines needed to: so connections to the emergency lights glazing shattering or spalling that (1) Prevent fire or retard its growth? are not knocked loose during a collision. caused injuries to occupants of (2) Detect and suppress fire? During Working Group meetings, passenger trains. Some perceived (3) Protect occupants from the effects Amtrak pointed out several potential problems with current 49 CFR Part 223 of fire? requirements that have come to FRA’s disadvantages of roof hatches in Appendix B passenger equipment because they are attention include the following: difficult to maintain and are often a (1) The witness plate used for testing To stimulate thought and generate source of leaks. The hatches allow is too thick, allowing spalling of pieces discussion on passenger equipment passengers or trespassers access to the of glass large enough to cause injury; design standards, FRA is providing for roof which can be particularly (2) The impact test using a 24-pound consideration the detailed set of dangerous in electrified territory. cinder block is not repeatable; equipment design provisions contained Amtrak has suggested inclusion of a (3) Vendors need to be periodically in Appendix B. From experience with clearly marked structural weak spot recertified by an independent testing past ANPRM’s, FRA learned that such a where properly equipped emergency laboratory; and strategy results in more and higher personnel can quickly gain access to the (4) The strength of the framing quality comments on the specific issues interior of the coach or locomotive arrangement securing the glazing is in the proceeding. FRA does not intend through the roof as preferable to roof neither specified nor tested. (Amtrak to implement the requirements given in hatches. has noted that it currently requires Appendix B without significant change Should Tier I equipment safety glazing to be tested in its intended based on the deliberations of the standards include provisions for: framing.) Working Group, supplemented by (1) Emergency lighting? Should FRA revise the glazing information and views received in (2) Roof hatches or a clearly identified standards for conventional passenger response to this notice. FRA strongly structural weak point where properly equipment to: encourages comments on these Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30697 provisions and proposals for alternative collision. To design to such a a significant role when override occurs standards. requirement requires a reference to prevent crushing or penetration of the collision scenario with defined collision occupied volume that it protects. When Standards for Tier II Equipment parameters. The advantage of such an combined with an effective crash energy For the past several years, FRA has approach is that it is tied directly to the management design, such an end held discussions with manufacturers of parameter most responsible for injuries structure would be pushed back as a foreign high-speed rail equipment due to secondary impacts. Can an unit (similar to being mounted on a seeking a market for their equipment in approach to designate crash energy spring) through the volume designed to the United States. These manufacturers management requirements tied to a crush. sought a clear definition of the specific design collision scenario be Through the Working Group, FRA requirements that their equipment must adequately defined to serve as the basis will pursue a thoughtful technical meet to be allowed to operate in the for trainset design? discussion of such an approach United States. Because FRA recognizes An alternate approach, advocated as including suggestions on how best to set existing North American passenger less complex, is to specify the minimum performance requirements and equipment standards were not intended energy to be absorbed at each location reasonable limits for design strengths. to apply to equipment operating at in the trainset designed to crush before Should a monocoque end structure—or speeds significantly over 100 mph, and occupied space crushes. Such an equivalent structure—that ties together because current Federal regulations do approach has the advantage of not being the floor, collision posts, corner posts not cover such operations, FRA could tied to a design based on a collision and roof into a single structure be not provide clear guidance. This has scenario. However, FRA believes that required or authorized for high speed caused confusion, and has led to the the main value of a crash energy passenger trains? FRA welcomes perception that competition for the management design is to increase the proposed alternative approaches American market is risky. duration of the collision, allowing train designed to provide equivalent Amtrak has hosted test and revenue occupants to decelerate more slowly, protection. What costs would be service demonstrations of two foreign, and minimize the uncontrolled collapse associated with alternative approaches high-speed trainsets in the United of occupied space. The amount of designed to prevent crushing or States. Operating experience gained in energy absorbed is of secondary penetration of the occupied volume in Europe and in the United States with importance. power and coach cars? Please be these trainsets helped place Amtrak in FRA also believes that using ability to specific in defining the alternative a position to develop a system absorb energy as a crash energy approach and its cost elements. specification to procure trainsets to management design parameter does not A third safety feature that needs a operate at speeds up to 150 mph in the focus on the real purpose of the crash thorough technical review is how to Northeast Corridor. FRA reviewed drafts energy management system. FRA invites design the trainset to stay in line and on of the procurement specification for comments in this area. Is the amount of the track during the initial phase of a these trainsets and made safety-related energy that can be absorbed in a collision to give the crash energy recommendations. The resulting collision actually a secondary issue to management system an opportunity to discussions between Amtrak and FRA slower decelerations and more perform its intended function. If the highlighted the technical issues that controlled collapse? trainset buckles laterally and leaves the must be resolved as part of the process If ability to absorb energy is used as track too soon, volumes designed to for developing safety standards for high- the crash energy management system crush will not be crushed, resulting in speed trainsets. performance parameter, what are the higher decelerations of occupants, and Sample high-speed passenger trainset limits on controlled crush distance and possibly negating the significant design requirements are outlined in energy absorbed that can reasonably be structural protection provided by end Appendix B. FRA compiled this set of expected to be achieved? What causes structures. If the trainset buckles design requirements to prepare for the these limitations? How can a vertically causing early override, the review of Amtrak’s system specification performance standard based on an protection provided by the underframe for high-speed trainsets. FRA developed ability to absorb energy be tied to an may be bypassed. A discussion of the this set of proposed requirements based ability to decrease the initial design innovations necessary to delay on discussions with manufacturers and acceleration of train occupants which is buckling of the trainset as long as operators of European equipment, the key parameter for a crash energy possible is needed. research done or sponsored by the management design? What flexibility is What practical design techniques Volpe Center, experience gained in needed in end-strength requirements of exist to delay either lateral or vertical developing a concept for a proposed occupied versus unoccupied volume to buckling of passenger trainsets involved rule specifically applicable to the Texas allow effective crash energy in collisions? How much would TGV System, and the results of tests management system design? installation of alternative buckling delay conducted jointly with Amtrak on high- A second safety-critical design feature systems cost in terms of labor hours and speed trainsets in the Northeast of key interest to FRA is the strength materials? Corridor. FRA recognizes that some of and construction of the end frame (or As train speed increases, the human the requirements push the state of the end structure) of both power cars and decision and reaction time necessary to art. Of particular interest to FRA are coaches. As noted above, a unitized or avoid potential calamity decreases. comments on the technical limits of monocoque end structure with vertical Automatic control techniques that crash energy management systems and members (collision post(s) and corner briefly take the operator out of the on how best to define or specify crash posts) that extend to the roofline, with control loop are a means to eliminate energy management in a set of significant structural strength where the human decision and reaction delays performance requirements. FRA they are tied into the roofline, may be in situations where taking quick and attempted to specify a crash energy capable of protecting crew space more positive action can be crucial. FRA management system by placing limits effectively and with less weight penalty believes technology can allow safety- on the acceleration experienced by than more traditional designs. FRA critical parameters pertaining to the passengers during the initial phase of a believes such an end structure may play following high-speed trainset 30698 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules subsystems or events to be monitored by consecutive rows of seats and the facing Should lap belts be required? Should remote sensors: rows of seats—were evaluated with the all seating be rear facing? Should facing (1) Truck hunting; occupant unrestrained, restrained with a seating be allowed? What are the (2) Dynamic brake status; seat belt alone, and restrained with a advantages and disadvantages of placing (3) Friction brake status; seat belt and shoulder harness. tables between facing seats? What are (4) Fire detection; The injury criteria used to evaluate reasonable performance requirements (5) Head-end power status; interior performance included Head for padding materials? Where should (6) Alerter; Injury Criteria (HIC), chest deceleration, padding materials be located? What (7) Horn and bell; and axial neck load. Based upon these shock-absorbing characteristics should (8) Wheel slip and wheel slide criteria, the probability of fatality be required of padding material? What control; and resulting from secondary impacts was padding thicknesses are practical? What (9) Tilt control system, if equipped. evaluated for each of the interior seat attachment strength can reasonably FRA intends to require monitoring of configurations and restraint systems be expected to be achieved? dynamic brake status. If the friction modeled. What seat configurations do passenger brake of the trainset is designed to be In some configurations, such as seats cars operating at speeds greater than 80 able to safely handle the entire braking in rows, compartmentalization is shown mph have? If configurations vary, please load without assistance from the to be as effective as a restraint system explain the differences and the reasons dynamic brake, the dynamic brake may for the 50th percentile male occupant for the variations. How many seats does not be considered a primary safety- simulated. (As noted earlier, the average passenger car have? If there critical system. ‘‘compartmentalization’’ is an occupant is no such thing as an average passenger FRA considered including bearing protection strategy that requires seats or car, how many seats do the different overheat in the above list. However, the restraining barriers to be positioned in types of passenger cars have? How many Working Group cautioned FRA that on- a manner that provides a compact, cars of different types are there? board bearing sensors have proven to be cushioned protection zone surrounding What costs would be involved with unreliable. In the Working Group’s each occupant.) FRA intends to work installing lap belts, shoulder harnesses, view, until on-board bearing sensor closely with the Working Group to and other safety restraints on passenger technology matures, the industry will structure requirements for the interior of cars? To what extent would safety continue to rely on wayside bearing new passenger equipment that take benefits be realized from installing overheat detection. advantage of the compartmentalization safety restraints? Please explain. A Should automatic monitoring for each concept. review of the technical papers placed in of the above events/subsystems be In cases where occupants are allowed the docket may help with responses to required? Do other safety-critical to travel relatively long distances before some of these questions. subsystems/events lend themselves to impacting the interior, such as the Due to the forward location of the monitoring by remote sensors? Could facing-seats interior, restrained operator of a high-speed passenger train, safety be enhanced by requiring an occupants have a much greater chance he or she is often the person closest to automatic response from the train of survival. Fatalities from secondary the point of impact and at most risk control system—such as slowing the impacts are not expected in any of the during a collision. Special provisions train—when a monitored parameter falls scenarios modeled if the occupant is are required to protect the operator. outside pre-determined safe limits? restrained with a lap belt and shoulder How much crushable space can Which events/subsystems are prime harness. practically be located forward of the candidates for some form of initial Design approaches for passenger operator? Should a lap belt/shoulder automatic response followed by a return coaches that exploit this potential are harness combination be provided for to operator or manual control? needed. FRA briefed the Working Group each crew member in the cab? If lap Seat arrangement design and on this research, and the Working Group belts/shoulder harnesses are provided passenger restraint systems have a has discussed the advantages and for crew members, will they wear them? potential to reduce the number and the disadvantages of passenger restraint NTSB has long advocated special extent of injuries in the event of a systems (primarily lap belts) and coach protective crash refuges (protected passenger train collision. This potential interior arrangement design to mitigate areas) for locomotive crew members. is present at all speeds, but becomes injuries. Effectiveness of restraint ADL has done computer modeling to greater as speed increases. A copy of a systems can be dependent on the predict the effectiveness of two types of technical paper 3 published by the Volpe strength of the seat attachment to the car crash refuge concepts under dynamic Center describes a study of the occupant body. A possible worst case scenario conditions simulating locomotive dynamics and predicted fatalities due to exists when a seat containing a belted collisions. One of these concepts is a secondary impact for passengers passenger is struck from behind by an padded trench in the floor of the involved in train collisions with impact unbelted passenger. Such a situation locomotive in front of the electrical speeds up to 140 mph. The principal can require the seat attachment design cabinets. Such a trench could be focus of the paper is on the effectiveness to carry a double load. equipped with restraint systems. The of alternative strategies for protecting If the seat is to remain attached under other concept is a seat equipped with a occupants in train collisions, including the above conditions during a train-to- lap belt and shoulder harness that ‘‘friendly’’ interior arrangements and train collision in excess of 35 mph, rotates and locks in a reverse position occupant restraints. analysis indicates that coach-seat allowing the operator to ride out the Three different interior configurations attachment strength must be able to collision in a rear-facing position. (A were analyzed: forward-facing seats in resist the inertial force of 8g acting on report by ADL describing these concepts the mass of the seat, plus the mass of the rows, facing rows of seats, and facing is part of the docket.4) Advanced belted passenger(s), plus the impact rows of seats with a table. Two of these versions of some European trains three configurations—the forward-facing force of the mass of the passenger(s) in the following seat being decelerated 4 ‘‘Locomotive Crashworthiness Research,’’ 3 ‘‘Train Crashworthiness Design for Occupant from a relative speed of 25 mph against Volumes 1–4, DOT–VNTSC–FRA–95–4.1, Final Survivability.’’ See note 2. the seat back. Report July, 1995. Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30699 employ a concept where the operator’s models to replace full-scale crash environment, and because the American position is designed to be pushed to the testing. Have the current models that are public demands and deserves the safest rear, relative to the rest of the cab, to being used been validated by full-scale, possible transportation system, attention provide the operator additional partial-scale or component impact is warranted for further development of protection during a collision. Could any testing? Will it be necessary to validate North American standards. Do of these concepts be implemented into new models by test? Are there alternative approaches exist to safety the design of new passenger equipment? limitations as to what type of accident standards for high-speed trainsets that Would they be effective? Would they be scenarios existing models are capable of could provide an equivalent level of used? analyzing? safety at less cost? What are some alternative concepts The accuracy of the modeling for the design of such protective techniques employed is dependent on Possibility of Design Standards for refuges? Are they likely to be effective? the individual vehicle and trainset Other Tiers of Equipment Are they likely to be used? What impact crush characteristics used as input to Amtrak and some commuter railroads would they have on locomotive or the models. What means should be used have a long operating experience safely power car design? Should FRA require to quantify large deformation and running trains of existing equipment at them as part of high-speed trainset dynamic crush characteristics of the speeds between 80 and 125 mph. Much design requirements? What other, various parts of a trainset? Can this be of this equipment is the same perhaps more practical means exist to achieved through simulation alone? Has equipment—designed to the same reduce the vulnerability of the cab crew the industry developed dynamic force- standards—used for conventional to collisions? In terms of time, materials, deflection characteristics for existing service (herein defined as service at and labor, what would installation of North American rolling stock that could speeds less than 80 mph.) This practice refuges in locomotives cost? be used as a reference in FRA supports the notion that the same set of Lack of an accepted, recognized crashworthiness studies? If these design requirements used for design tool (computer model) to predict characteristics are available, for what conventional equipment is adequate for changes in trainset performance as well speeds of collision would they be valid? intermediate-speed equipment (i.e., as changes in the ability to protect What are the essential features of such equipment designed for service at people as trainset design parameters are a modeling tool? How can it be speeds up to 125 mph). However, changed inhibits exploiting new design developed so it will receive wide components wear faster and are subject techniques that could result in safer acceptance, be credible and be used to higher dynamic, mechanical, and trainsets. Research by the Volpe Center within the industry? thermal stresses at higher speeds. on the structural response of portions of FRA outlines a sample set of detailed Perhaps more steps need to be added to the vehicle to the extremely high loads design requirements for high-speed the pre-departure safety inspection for associated with a collision, and research passenger trainsets in Appendix B to intermediate-speed equipment. Perhaps by AAR to accurately predict the provoke thought and discussion on maintenance intervals need to be more performance of suspension systems to these and other technical issues that frequent and/or have more tasks changing track conditions, have need to be resolved to develop high- performed as part of the preventive contributed greatly toward the goal of speed trainset safety standards. As with maintenance program. FRA seeks developing accepted analytical tools. the conventional equipment design information on how inspection, testing, However, efforts need to be increased standards, FRA is pursuing an and maintenance programs for and focused on a common goal. intentional strategy by providing this intermediate-speed equipment should Because full-scale crash testing of level of detail. From experience with differ from those used for conventional passenger equipment is prohibitively past ANPRM’s, FRA learned that such a equipment. expensive, the development of a design strategy results in more and higher If the designation between tiers were tool that is widely accepted by the quality comments. FRA does not intend based solely on operating speed, design industry is essential. Such a tool could to implement the requirements given in or performance requirements for accelerate investigations of composite Appendix B without significant change intermediate speed equipment should materials that hold promise for based on the recommendations of the logically fall between the requirements increased strength at less weight than Working Group, supplemented by the for conventional equipment and the current materials. A tool of this type information and views obtained in requirements for high-speed equipment could aid research into utilizing high- response to this ANPRM. FRA strongly (i.e., equipment designed for service at strength, light-weight composite encourages comments on these speeds up to 150 mph). Analysis by the materials and other technologies to provisions and proposals for alternative Volpe Center shows a crash energy provide operational and safety benefits. standards. Again, comments from management design provides significant FRA seeks comment from the industry interests represented on the Working benefits in terms of passenger and crew on what the current state of the art is Group should, to the maximum extent protection over conventional designs as regarding modeling techniques for possible, be expressed through those collision speeds increase to over 70 trainset collisions. Up to what trainset representatives during the Working mph. This suggests new intermediate- speeds are current models capable of Group’s deliberations. speed equipment would benefit from a predicting the collision mechanics of a FRA seeks comment from technically crash energy management design trainset collision? What confidence knowledgeable individuals on the initial approach. levels can be expected with these set of design standards for high-speed If standards based on more than two models to predict the onset of override passenger trainsets outlined in tiers are developed, FRA currently and train set buckling? Are these models Appendix B. FRA recognizes that these believes design requirements for new capable of accurately predicting the standards would preclude operation of intermediate-speed equipment should acceleration levels in the trainset several existing high-speed trainsets in include the requirements for throughout the collision, particularly for the United States without structural conventional equipment and some of the first 250 milliseconds? design changes. FRA believes that the (possibly modified) requirements for FRA also seeks input from the because these trainsets were designed high-speed equipment. The following industry on the potential for such for a much less severe operating criteria suggested for consideration for 30700 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules high-speed equipment may have the major city being served. Mechanical inherently greater risk than operating applicability to intermediate-speed employees are generally not available at the trainset with a locomotive or power equipment: these outlying locations to do pre- car leading. Current designs of cab cars (1) Glazing requirements; departure safety inspections. At those and MU locomotives provide little (2) Crash refuge for cab crew; outlying points where mechanical structural protection to the operator and (3) Crash energy management employees are not available, an forward-most passengers in the event of system—perhaps to modified abbreviated initial daily safety a head-on or side-swipe collision. Cab performance standards; inspection is generally performed by car locomotives and passenger MU (4) Interior arrangement or restraint train crew members. locomotives are structurally equivalent systems to mitigate secondary impacts; During the middle of the day, the pace from a crashworthiness standpoint. and of commuter operations generally slows, (Amtrak has noted that not all cab car (5) Emergency systems. and the equipment is brought to a locomotives should be considered FRA seeks comment from builders central location for a more equivalent to MU locomotives when the and operators of intermediate-speed comprehensive inspection by cab cars are not equipped with stairway equipment as to where the design mechanical personnel prior to being traps in the leading end, such as in the requirements for such equipment dispatched for the evening rush hour. X2000 train). should be placed on the spectrum This reality of the commuter operating Computer modeling of passenger train between the design requirements for cycle must be taken into account for any collisions at high speeds by the Volpe conventional equipment and the design proposed rules governing pre-departure Center predicts a dramatic increase in requirements for high-speed equipment. safety inspections of commuter casualties in head-on collisions of equipment. However, where mechanical trainsets operated with a cab car Design Standards for Systems with employees and facilities are available to forward when compared to the same Dedicated Rights-of-Way and No At- perform the pre-departure inspection, it collision with a power car or locomotive Grade Crossings must be performed by mechanical leading. This prediction is based on a FRA recognizes that a system safety employees. Equipment that receives an limited number of hypothetical accident program that places emphasis on the abbreviated inspection by the train crew scenarios. The prediction is not based prevention of collisions is highly at outlying points at the beginning of the on accident statistics. The technical desirable. However, fundamental day must receive a complete pre- papers 5 documenting these predictions changes are necessary in the North departure inspection by mechanical are part of the docket. American railroad operating employees at the earliest opportunity Recent accidents involving trains environment before accident prevention during the day. operating with cab cars in the forward provisions allow equipment structural Some of the MU equipment operated position have heightened FRA’s design standards to be relaxed. The by commuter railroads is very different concern. On February 9, 1996, a near- main problem is North American from intercity rail passenger equipment. head-on collision occurred between passenger trains generally share, or FRA needs the help of the operators of New Jersey Transit Rail Operations, Inc., operate adjacent to, the rights-of-way such equipment to identify the (NJTR) trains 1254 and 1107 on the with an ever-increasing number of very differences that may require special borderline of Secaucus and Jersey City, heavy freight trains, and most passenger regulatory treatment to avoid New Jersey. Two crewmembers and one rail routes include at-grade crossings unintended impacts on commuter passenger were fatally injured, and an used by heavy highway vehicles. The operations. Through participation of additional 162 passengers reported risk to passengers and crew members in APTA on the Working Group, FRA minor injuries. The passenger fatality this operating environment increases as anticipates that commuter railroads will and most of the injuries occurred on passenger train speed increases. make a special effort to point out unique train 1254, which was operating with FRA encourages passenger systems to operating or equipment features that the cab control car forward and the operate over dedicated rights-of-way should be taken into account to develop locomotive pushing. In addition, the with no at-grade crossings. FRA believes safety standards for commuter engineer on train 1254 was fatally such systems can potentially provide equipment. injured. Information available to FRA suggests the safest means of high-speed On February 16, 1996, a near-head-on that nationwide there are about 20 passenger transportation. Should collision occurred between Maryland commuter railroads operating roughly proposed vehicle crashworthiness Mass Transit Administration (MARC) 5,400 passenger cars, 400 cab cars, 2,000 standards be modified for such train 286 and Amtrak train 29 on CSX multiple unit locomotive pairs, and 400 operations? If so, to what degree? Transportation, Inc., at Silver Spring, conventional locomotives. Are these Should consideration of equipment Maryland. The MARC train consisted of estimates accurate? What size crews used exclusively on dedicated rights-of- a cab control car in the lead, followed operate commuter trains? way be undertaken as part of this by two passenger coaches and a Approximately how many people stand proceeding or through a system safety locomotive pushing the consist. The on each train? As a result of approach in individual proceedings for accident resulted in 11 fatalities, implementing the proposed standards, rules of specific applicability? consisting of 3 crewmembers and 8 would commuter operators realize passengers who were located in the Discussion of Operating Issues different levels of safety benefits than MARC cab car, and at least 13 non-fatal intercity operators? Please explain. Commuter Equipment and Operations injuries to other passengers of the FRA is aware that unique features of Cab Car Forward and Risk MARC train. some commuter equipment and the FRA is concerned regarding operation Following these accidents, FRA unique operating cycle of commuter of passenger trains with cab cars or MU issued Emergency Order No. 20, Notice railroads may require specific attention. locomotives positioned at the head of 5 ‘‘Evaluation of Selected Crashworthiness Some commuter equipment is stored at the train at high speeds. Such Strategies for Passenger Trains’’; ‘‘Train outlying locations overnight to be in operations place the train operator and Crashworthiness Design for Occupant position for the first morning trip into the passengers in the lead vehicle at Survivability.’’ See note 2. Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30701

No. 1, on February 20, 1996, requiring utilized to compute the load versus equipment often has an opportunity to prompt action to immediately enhance deformation characteristic curves for exit the control stand area and move passenger train operating rules and major structural elements involved in through the passenger compartment emergency egress, and to develop a collisions. These characteristics were toward the rear of the car when a more comprehensive interim system used as input to the train collision collision is impending. safety plan addressing cab car forward dynamics model developed previously FRA seeks comment focusing on what and MU operations that do not have for freight locomotives. The collision is practical and what is economical to either cab signal, automatic train stop, dynamics model was modified as reduce the risk associated with or automatic train control systems. 61 needed to represent a typical passenger operating cab cars in the forward FR 6876, Feb. 22, 1996. FRA train with a cab car at the head end and position and operating MU equipment. subsequently issued Notice No. 2 to a locomotive at the rear pushing, instead FRA poses the following set of questions Emergency Order No. 20 on February of a freight train with locomotives at the to operators and builders of cab car type 29, 1996, to refine three aspects of the head end. The modified models were equipment: What can be done to original order. 61 FR 8703, Mar. 5, 1996. then validated by comparison of increase the protection provided to the NTSB recommends that MU cars and predicted results with the actual damage operator and forwardmost passengers in control cab locomotives be equipped in documented collisions. a head-on collision with a cab car with corner posts to provide greater This modeling predicts, for control leading? Advanced versions of some structural protection from a side-swipe cab/MU locomotives of current design, European trains employ a concept collision. NTSB makes this that when the underframe resists the where the operator’s position is recommendation based on the findings forces of collision, a cab car will sustain designed to be pushed to the rear of the investigation of a passenger train substantial loss of survivable volume in relative to the rest of the cab to provide collision that occurred on January 18, both operator and passenger the operator additional protection 1993, in which Northern Indiana compartments in head-on collisions at during a collision. Could such a Commuter Transportation District closing speeds above 30 mph. The result technique be employed to protect (NICTD) eastbound commuter train 7 of such crush would cause severe injury operators in future North American and NICTD westbound commuter train or fatality to some of the cab car equipment? What design changes can be 12 collided in a corner-to-corner impact occupants. made to increase the probability that the in Gary, Indiana, resulting in 7 When the underframe is bypassed and underframe will be fully involved in passenger fatalities and 95 injuries. The collision or corner posts resist the forces resisting the collision forces? presence of a gauntlet bridge and of the collision, the cab car will sustain Recognizing that structural changes will absence of automatic train control substantial loss of survivable volume at have only limited benefit, should speed contributed to the cause of this accident. collision closing speeds in the 10 to 15 restrictions be placed on cab-forward The damage that both trains sustained mph range. These predictions operations? Should passengers be after the initial impact resulted from the emphasize the importance of designs prohibited from occupying cab cars action of dynamic forces that caused the that increase the probability that the operating above a certain speed when in left front corner and sidewall of the underframe will be fully involved in a leading position? What would be the passenger compartment of each car to resisting the forces resulting from a impact of placing speed restrictions on experience a complete structural failure collision. cab car forward operations? What and intrude inward. Because little ADL took the modeling one step mitigating factors may exist that would structure was available in the corner further by repeating the calculations for alleviate FRA’s concern for the post areas to absorb the forces of the a conceptual cab car with a 50 percent increased risk associated with cab-car- collision, the substantial car body underframe strength increase and a 400 forward operations as speeds increase? intrusion into each car left no survivable percent corner post strength increase If speed restrictions are placed on cab space in the left front areas of either car. over current cab car design practice. car forward operations, what speed Consequently, NTSB issued Safety These structural changes increased the restrictions should be imposed? Recommendation R–93–24, which closing speed required to result in a What costs and benefits would be recommends that: significant loss of survivable space by associated with alternatives for approximately 10 mph. These results In cooperation with the Federal Transit increasing crew and passenger Administration and the American Public suggest that only a small improvement protection in a head-on collision with a Transit Association, [FRA] study the in protection is possible through cab car leading? feasibility of providing car body corner post structural changes for a cab car leading, Data indicate that at least 400 cab cars structures on all self-propelled passenger cars train-to-train collision. However, these operate as lead units. Is this estimate and control cab locomotives to afford structural changes may provide a much accurate? Approximately how many occupant protection during corner collisions. more significant increase in protection trips are made each year with cab cars The RSERA requires FRA to analyze for the less severe scenarios of a grade operating as lead units? At what the crashworthiness of locomotives. As crossing collision, a collision with maximum speeds do trains operate with part of this analysis, the Volpe Center debris including lading that falls from the cab car forward? tasked ADL to do computer modeling of freight trains, or a collision with an FRA estimates that 2,000 MU collisions involving cab cars to predict object overhanging the track. locomotive pairs operate as lead units. the benefit of substantial corner posts. Several system characteristics Is this estimate accurate? Approximately The docket contains copies of this determine the degree of risk involved in how many trips per year involve report.6 ADL used the following general cab-car-forward or MU equipment multiple unit locomotive pairs? operations. These characteristics approach to evaluate cab car Combined Passenger and Freight Trains crashworthiness: Finite element models include operating speed, traffic density, for the major structural elements of a signal system, grade crossings and grade FRA recognizes that circumstances typical cab car were developed and crossing warning systems (including exist where freight trains haul passenger barriers to prevent entry onto the cars and where passenger trains haul 6 ‘‘Cab Car Crashworthiness Study Final Report,’’ crossing), and right-of-way features. In freight cars. For example, freight trains April 1995, Reference 63065. addition, the operator of a cab car or MU on occasion include private or business 30702 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules cars, Amtrak trains can include mail tracks are present, the environment the United States. Is this information cars, and Amtrak has experimented with presents the possibility that passengers accurate? What ridership levels are roadrailer-type equipment in passenger may be struck by moving trains. experienced through the year? Would trains. Passenger safety standards Attention needs to be directed toward meeting the new higher standards should cover these special situations as the design of the interface of the ground- described in Appendix B result in well. level station to the train to ensure higher fares? If so, how much higher? How frequent are such operations? passengers can safely board and leave Would a decrease in ridership be Are any special safety considerations the train. What station-to-train interface anticipated? If so, to what extent? Please necessary for passenger cars hauled by design features are desirable to explain the method of estimation. To freight trains or is normal passenger minimize the possibility of injuries which alternative forms of travel would equipment safety practice adequate for resulting from boarding or departing the lost ridership be expected to switch? this special situation? Are any special train? What warning is appropriate for How has this conclusion been reached? safety considerations necessary for the arrival of passenger trains? Should What assumptions have been made? freight-type equipment hauled by movement of freight trains through FRA is interested in obtaining copies of passenger trains or for passenger trains stations be announced? What measures studies or other documentation that haul freight-type equipment. are appropriate to safeguard passenger addressing the issue of passenger movements in stations? What diversion from rail to other modes of Station/Platform Boarding and Exiting alternatives have been implemented in travel as a result of new rail safety Passenger Trains the United States? Internationally? With standards. What factors have the FRA requests comment on the safety what success? What costs are associated greatest effect on ridership levels: price, of persons in station areas, issues with alternative measures to safeguard seat availability, trip time, variability in regarding boarding and exiting from passenger movements in ground level trip time, etc.? trains, and other issues affecting the stations? When is construction of Appendix D lists the economic safety of passenger operations. The pedestrian overpasses and fencing questions posed by this ANPRM. following specific issues have come to warranted? Regulatory Impact FRA’s attention in recent years, and are illustrative of the concerns that may Floor-Level Platforms FRA will evaluate any proposed warrant examination in this proceeding: Station platforms that are elevated to action and its potential impacts to the level of the passenger car floor determine whether it would be Door Securement permit prompt boarding and can be considered significant under Executive The manner and extent to which end arranged to provide better access for Order 12866 or DOT policies and and side doors are secured varies among persons with disabilities. However, procedures (44 FR 11034, Feb. 26, passenger operators. When doors may concern has been expressed with regard 1979). Due to the substantial impact this be opened with excessive ease, a risk to movement of trains through stations rulemaking may have on a major exists that passengers will unwittingly on tracks that are adjacent to platforms. transportation safety problem, this fall from moving trains. Of particular Attention needs to be directed toward rulemaking is expected to be classified concern is the need to secure passenger the design of the interface of the floor- as significant pursuant to DOT Order train end doors against casual operation. level platform to the train to ensure 2100.5. FRA will also examine any However, full, interlocked securement passengers can safely board and leave proposed action and its potential may greatly complicate evacuation in the train. What platform-to-train impacts to determine whether it will emergency situations. In some situations interface design features are desirable to have a significant economic impact on when a train is departing, the train minimize the possibility of injuries a substantial number of small entities doors must be open as it leaves the resulting from boarding or departing the under the provisions of the Regulatory station for the crew to observe the train? What warning is appropriate for Flexibility Act (5 U.S.C. 601 et seq.). platform area. In some situations when the arrival of trains? FRA will further evaluate any a train is arriving, the train doors must proposed rule pursuant to DOT also be open to allow trap doors to be High-Speed Movements through regulations implementing the National raised to minimize dwell time in Stations Environmental Policy Act (42 U.S.C. stations not equipped with floor-level Express trains often move through 432 et seq.). platforms. A signal light that displays passenger stations without stopping, Any proposed action will be further the status of the doors to the crew in the sometimes on tracks immediately evaluated to determine information control cab may have value for adjacent to areas where passengers are collection burdens pursuant to the departing trains. Many railroads waiting to board local trains. Could Paperwork Reduction Act. Any currently employ such a display light. movement of high-speed express trains proposed action will be evaluated Should passenger car doors be secured through stations present an pursuant to Executive Order 12612 to while the train is in motion during unreasonable risk? If so, how could that determine whether it would have normal operations? What provision risk be mitigated? What measures are substantial effects on the states, on the should be made for operation of doors utilized by passenger railroads currently relationship between the national by passengers in emergency situations? facing this situation? At what costs can government and the states, or on the To what extent does the railroad’s alternative measures be implemented to distribution of power and operating environment (elevated mitigate risks of high-speed express responsibilities among the various structures, tunnels, etc.) bear on trains through stations? levels of government. resolving this question? The economic impact of any rule that Additional Economic Impact may be proposed on the subject of Ground-Level Stations Information passenger equipment safety standards Ground-level stations are economical Information available to FRA suggests cannot be accurately quantified with the responses to light-density boarding in that there are about 8,200 passenger cars information currently available to FRA. both commuter and intercity service. and 970 conventional locomotives An analysis of the economic impact will However, particularly where multiple dedicated to rail passenger service in be made after evaluating the data Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30703 submitted in response to this ANPRM, first design process deliverables—used as g. Be a major subset of the overall System and the findings of that analysis will be guidance for the development of the Safety Plan, and dovetail with the railroad’s published as part of any further notices following lower level safety planning and Emergency Preparedness Plan. design guidance documents: h. Present the analysis required to select of rulemaking issued in this matter. In materials which provide sufficient fire addition, without fully evaluating the a. Fire Protection Engineering Plan. b. Software Safety Plan. resistance to ensure adequate time to detect comments solicited by this ANPRM, it c. Inspection, Testing, and Maintenance the fire and safely evacuate the train. The is impossible to determine what action Plan. system developer shall also propose the tests FRA will take with regard to the other d. Training Plan. to be conducted to demonstrate this analysis areas addressed by this ANPRM, and e. Pre-Revenue Service Acceptance Test has basis in fact. thus it is impossible to determine the Plan i. Present the analysis done to ensure the economic impact of those changes at 4. The system safety plan shall describe the ventilation system does not contribute to the lethality of a fire. approaches to be taken to accomplish the this time. Furthermore, any action taken j. Include the analysis performed to following tasks or objectives: by FRA is expected to result in the determine which train components require prevention or mitigation of accidents, a. Identification of all safety requirements overheat protection. If overheat protection is personal injuries and property damage. including Federal requirements governing not provided for a component at risk of being However, until FRA fully considers the the design of the trainset and its supporting a source of fire, a solid rationale and systems. justification for the decision shall be comments requested by this ANPRM b. Evaluation of the total system— and determines what action it will take, included in the plan. including hardware, software, testing and k. Identify all unoccupied train these benefits cannot be quantified. support activities—to identify known or compartments which contain equipment or Comments and Hearing potential safety hazards over the entire life material which poses a fire hazard, and cycle of the equipment. analyze the benefit provided from including FRA solicits the submission of written c. The process to be used to raise safety a fire or smoke detection system in each comments, which should be filed in issues during design reviews. compartment identified. Fire or smoke triplicate with the Docket Clerk at the d. The process to be used to eliminate or detectors shall be installed in compartments address provided above. Specific reduce the risk of the hazards identified. where the analysis determines that they are responses to the questions set forth in e. The monitoring and tracking system to necessary to ensure time for safe evacuation this notice would be appreciated. The be used to track the progress made toward of the train. The analysis shall provide the comment period will close on July 9, resolving safety issues, reducing hazards, and reasoning why a fire or smoke detector is not meeting safety requirements. necessary if the decision is made not to 1996, so that all comments can be f. The development of the testing program install one in any of the unoccupied presented to the Working Group before to demonstrate that safety requirements have compartments identified in the plan. its next scheduled meeting in July 1996. been met. l. Include an analysis of the occupied and When responding, reference to the topic 5. The system safety program shall include unoccupied spaces which require portable or question number in the ANPRM will periodic safety reviews that result in safety fire extinguishers. The analysis will include ensure full consideration of the action items being assigned and tracked. the proper type and size of fire extinguisher comments submitted. 6. The system safety program shall include for each location. FRA has not currently scheduled a adequate documentation to audit how the m. Identify all unoccupied train compartments that contain equipment or public hearing in connection with this design meets safety requirements and to track how safety issues were raised and resolved. material which poses a fire hazard risk. On ANPRM. Any interested party desiring a case-by-case basis, the plan shall analyze an opportunity for oral comment should 7. The system safety plan shall address how operational limitations may be imposed the benefit provided by including a fixed, submit a written request to the Docket if the design cannot meet certain safety automatic fire-suppression system in each Clerk before the end of the comment requirements. compartment identified. The type and size of period. the automatic fire-suppression system for Fire Protection Engineering Plan each necessary application shall be Issued in Washington, DC on June 5, 1996. 1. Develop a Fire Protection Engineering determined. A fixed, automatic fire Jolene M. Molitoris, Plan to be used to design adequate fire safety suppression system shall be installed in Administrator, Federal Railroad into the trainset. compartments where the analysis determines Administration. 2. The Fire Protection Engineering Plan they are necessary and practical to ensure shall: time for safe evacuation of the train. The Appendix AÐSample System Safety a. Require the system developer to analysis shall provide the reasoning why a Plan Elements complete a thorough analysis of the fire fixed, automatic fire suppression system is protection problem. not necessary or practical if the decision is The outline that follows describes the made not to install one in any of the b. Require the system developer to use elements of a system safety plan for a safety unoccupied compartments identified in the good fire protection engineering practice as program for the development of a new high- plan. part of the design of the trainset design speed passenger trainset. Safety programs for n. Describe the procedures to be used for process. less complex procurements of new inspection, maintenance, and testing of all equipment might be greatly simplified c. Describe and analyze the effectiveness of fire safety systems and equipment. versions of this plan. the steps to be taken to design the train to 3. The system developer shall follow the be sufficiently fire resistant to ensure the design criteria, perform the tests, and follow General Description detection of a fire and the evacuation of the the operating procedures called for in the 1. The system safety plan shall describe the train before the fire, smoke or toxic fumes plan. system safety program to be conducted as cause injury to the passengers or crew. part of the trainset design process to ensure d. Identify, analyze and prioritize the fire Software Safety Plan all safety-critical issues and Federal safety hazards inherent in the design of the trainset. 1. Trainset system software that controls or requirements are identified and addressed. e. Describe the design approach taken and monitors safety functions shall be treated as 2. The system safety program shall ensure justify the design trade-offs made to safety-critical. safety issues are treated equal to cost and minimize the risk of each fire hazard. 2. The system operator shall require the performance issues when design trade-offs f. Present an analysis and propose tests to system developer to develop a software safety are made. The basis for making safety-related demonstrate how the fire protection plan to guide the design, development, design trade-offs shall be documented. engineering approach taken will lead to a testing, integration and verification of 3. The system safety plan shall be the top train which meets these fire protection computer programs used to control and/or level document—completed as one of the standards. monitor trainset functions. 30704 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

3. The software safety plan shall include a supervisors with the knowledge and skills i. A clear description of any criteria to be description of how the following tasks will necessary to effectively implement the used as safety limits during testing. be accomplished or objectives achieved to inspection, maintenance and testing program, j. A description of the criteria to be used ensure reliable, fail-safe system software: and to safely do his/her job. to measure or determine the success or a. Software design process used. 2. The training plan shall include the failure of the tests. If acceptance is to be b. Software design documentation to be knowledge and skills necessary for based on extrapolation of less than full level produced. electronic, computer software, and testing results, the analysis to be done to c. Software hazard analysis. mechanical personnel. justify the validity of the extrapolation shall d. Software safety reviews. 3. The plan shall contain detailed be described. e. Software hazard monitoring and descriptions of the training—crucial to the k. A description of any special safety tracking. safe operation of the trainset— which will be precautions to be observed during the testing. f. Software module level safety tests. required for each craft. l. A written set of standard operating g. Safety tests of multiple modules 4. The plan shall contain the certification procedures to be used to ensure that the combined to function as a software system. process to be used to be sure each employee testing is done safely. h. Hardware/software integration safety in a safety sensitive position is fit and well m. A verification of the inspection, tests. qualified to do his/her job. maintenance, and testing procedures and i. Demonstration of overall software safety 5. The training plan shall include the criteria to be used for the revenue service as part of the pre-revenue service tests of the training necessary for supervisors to be able operation of the trainset. trainset. to adequately spot check the work of the 3. The system operator shall report the inspection, maintenance and testing Inspection, Testing, and Maintenance Plan results of the pre-revenue service tests and personnel that they supervise. correct any safety deficiencies in the design 1. The plan shall: 6. The training plan shall include: of the trainset or in the inspection, testing, a. Provide adequate technical detail on the a. Identification of all the knowledge and and maintenance procedures. procedures to be followed by the system skills necessary to accomplish the tasks 4. If safety deficiencies cannot be corrected operator to ensure trainset safety does not described in the inspection, testing, and by design changes, operational limitations deteriorate over time. maintenance plan. may be imposed on the revenue service b. Be used as the basis for the trainset b. Design of a training program including operation of the trainset. inspection, testing, and maintenance safety classroom instruction and hands-on standards. experience to ensure that employees and Standard Operating Procedures c. Contain the specific, detailed inspection, supervisors are given the necessary 1. Develop step-by-step standard operating testing, and maintenance procedures and knowledge and skills. procedures for performing all safety-critical intervals required to ensure safe, reliable c. A means to measure that employees— or potentially hazardous trainset inspection, long-term operation of all train systems. including supervisors—have the necessary testing, maintenance or repair tasks. d. Focus on, and give priority to, those knowledge and skills. 2. Standard operating procedures shall: inspections, preventive maintenance d. Modules that specifically address a. Describe in detail each step required to procedures, and tests required to prevent any technology used as part of the trainset that safely perform the task; deterioration in train safety. is new to the railroad industry. b. Describe the qualifications necessary to e. Include an inspection and maintenance e. A program of periodic refresher training safely perform the task; program that ensures all systems and to recertify employees and contract c. Describe any precautions that must be components of the train are free of general personnel. taken to safely perform the task; conditions that endanger the safety of the f. A schedule to have the work force d. Describe the use of any safety equipment crew, passengers, or equipment. These adequately trained prior to the start of necessary to perform the task; conditions include but are not limited to: revenue service. e. Be approved by the chief mechanical i. Insecure attachment of components. officer of the system operator; ii. Continuous accumulations of oil or Pre-Revenue Service Acceptance Testing Plan f. Be approved by the responsible official grease. for safety of the system operator; iii. Improper functioning of components. 1. Develop a pre-revenue service testing g. Be read and understood by the iv. Cracks, breaks, excessive wear, plan and fully execute the plan prior to employees and contractors performing the structural defects or weakness of introducing new equipment into revenue tasks; components. service. h. Be enforced by supervisors with v. Leaks. 2. The plan shall include: responsibility for accomplishing the tasks; vi. Use of components or systems under a. Identification of any waivers of Federal and conditions that exceed those for which the safety regulations required for the tests or for i. Be updated and approved annually. component or system is designed to operate. revenue service operation of the trainset. 3. Knowledge of standard operating 2. The plan shall include a description of b. A clear statement of the test objectives. procedures shall be required to qualify an the process to be used to develop detailed One of the major objectives shall be to employee or contractor to perform a task. information on the inspection, testing and demonstrate that the trainset meets safety maintenance procedures necessary for long- design requirements when operated in the Appendix BÐSample Design environment in which it is to be used. term safe operation of the trainset. This Standards Based on a Tiered information shall include: c. A planned schedule for conducting the a. Safety Inspection Criteria and tests. Approach d. A description of the railroad property or Procedures. Introduction b. Testing Procedures/Intervals. facilities to be used to conduct the tests. c. Predetermined corrective action to take e. A detailed description of how the tests FRA offers this sample outline of tiered upon failure of an inspection or test. are to be conducted including: design requirements to help generate d. Scheduled Preventive Maintenance. i. Which components are to be tested; discussion on how to set safety standards for e. Maintenance Procedures. ii. How they are to be tested; equipment. As discussed in the body of the f. Special Testing Equipment. iii. How frequently they are to be tested; ANPRM, it is not clear whether the 3. The plan shall set initial scheduled iv. What criteria are to be used to judge distinction between various tiers would be maintenance intervals conservatively. The their performance; and based solely on operating speed, a risk intervals shall be extended only when v. How the test results are to be reported. analysis of the envisioned operating thoroughly justified by accumulated f. A description of any special environment, or another method. For operating data. instrumentation to be used during the tests. purposes of discussion, this appendix is g. A description of the information or data based on two tiers determined solely by Training Plan to be obtained. operating speed: 1. Develop a training plan to provide h. A description of how the information or Tier I: Existing and future equipment employees and contract personnel including data obtained is to be analyzed or used. designed for operation in an environment Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30705 with known risk or proven safe operation, 3. The crash energy management system validated by tests or analysis for equipment e.g., existing passenger equipment operating shall keep the train in line and on the track operating in the speed range envisioned for at speeds of 110 mph or less or up to 125 long enough to maximize the energy Tier I equipment. APTA points to the need mph under specific waiver conditions. absorbed by controlled crushing of for a major research and physical testing Tier II: Equipment that is envisioned to designated sections within unoccupied program to demonstrate and validate crash operate in higher risk operating volumes of the train. The train shall be energy management design benefits.) environments, e.g., Amtrak’s planned designed for controlled collapse of the (Amtrak is in full agreement with the operation at 150 mph in the Northeast designated sections within unoccupied concept of crash energy management, but Corridor, or perhaps cab car forward volumes of the train, starting from the ends similarly feels that some form of full-scale operations under some sets of higher risk of the train and working toward the center of testing may be required to validate the operating conditions. the train as the energy to be dissipated computer simulations. Further, Amtrak (APTA takes exception to the possibility of increases. warns that this type of testing is expensive including cab car forward operations in the 4. The trainset shall be designed for a crush by nature, and an effort to identify a funding Tier II category.) distance and crush force that result in source needs to be initiated now in order not FRA recognizes the need to address special survivable volumes in all occupied areas of to delay the rulemaking process.) equipment outside this two-tiered system, the trainset under the conditions of the Tier II: Same requirements as above for such as that operated by tourist and collision scenario. A collision scenario needs Tier I equipment. excursion railroads and private passenger to be defined to serve as a basis for design B. Structural Design Requirements cars. FRA also recognizes the possible need analysis of Tier I equipment’s crash energy to identify additional tiers in the future, management system and structure. What 1. Static End Strength whether it be for an intermediate tier parameters should be used to define this Tier I: The current U.S. practice is to between Tiers I and II described above or for collision scenario? require both locomotives and coaches to have equipment intended to operate at very high 5. The locomotive or power car cab shall a minimum static end strength of 800,000 speeds, i.e., in excess of 150 mph. be designed to limit the secondary impact pounds without deformation. If a crash (Amtrak agrees with the logic behind the deceleration of crew members to a maximum energy management design approach is tiered safety standard based on speed. The of 24g and an average of 16g for 250 taken, this requirement applies only to the logical breaks for Amtrak are 0 to 90 mph, milliseconds after initial impact under the occupied volume of the equipment. 90 to 125 mph, and 125 mph and above, thus conditions of the collision scenario. Unoccupied volumes may have a lesser static creating a three-tiered standard.) 6. The trainset shall be designed to limit end yield strength. It is important to emphasize that neither the secondary impact deceleration acting on Tier II: The longitudinal static yield FRA nor the Working Group has endorsed passengers in the leading passenger strength of the trainset occupied volumes the parameters provided, except to the extent compartment to a maximum of 6g and an shall be no less than 1,000,000 pounds that they mirror existing rail safety laws. FRA average of 4g for 250 milliseconds after initial ultimate strength. intends that the parameters suggested in this impact under the conditions of the collision (APTA suggests that the static end strength appendix serve only as the starting point for scenario. requirements for both Tier I and Tier II discussion to help determine the parameters 7. The occupied volume of the power equipment should be the same. APTA to be included in a subsequent Notice of vehicle and the occupied volumes of the believes the occupants of the weaker car may Proposed Rulemaking (NPRM). passenger vehicle shall be designed and suffer unduly in a collision of cars of constructed in a manner to preclude differing strength.) A. Crash Energy Management System Design telescoping of the crushed unoccupied 2. Anticlimbing Mechanism Requirements volume structure into the occupied volume. Tier I: (Note: Existing equipment designs 8. The unoccupied volume of the power Tier I: The current U.S. practice is to do not typically incorporate crash energy vehicle shall have a static end yield strength require locomotives (power cars) to have an management principles in an effort to of no less than 50 percent of the required anticlimbing mechanism capable of resisting mitigate the consequences of a collision. static end strength of the power vehicle an upward or downward vertical force of However, future designs of Tier I equipment occupied volume. The unoccupied volume of 200,000 pounds. This requirement is given in should embrace the following guidelines.) each unit of the passenger vehicle shall have Association of American Railroads (AAR) (APTA believes crash energy management a static end yield strength of no less than 50 Specification S–580, that became effective in design requirements should be applied only percent of the required static end strength August, 1990. Passenger coaches and MU to Tier II equipment.) yield of the passenger unit occupied volume. locomotives (49 CFR 229.141(a)(2)) are 1. Both the power vehicle and the Any deviation form this requirement must be required to have an anticlimbing mechanism passenger vehicle shall be designed with a fully justified by analysis or test. capable of resisting an upward or downward crash energy management system to dissipate 9. The crash energy management system vertical force of 100,000 pounds. How should the anticlimber requirements for Tier I kinetic energy during a collision. The crash shall start to function at a static end load of equipment be specified to ensure maximum energy management system shall cause a no less than 50 percent of the required static advantage is taken of the strength of the controlled deformation and collapse of end strength of the occupied volume, but no underframe to resist collision forces? designated sections within the unoccupied more than 90 percent of the actual static end Tier II: a. Anticlimber engagements of each volumes to absorb collision energy and strength of the occupied volume. end of each interior trainset unit shall be reduce the decelerations on passengers and 10. An analysis based on the collision designed to keep the trainset in line and on crew resulting from dynamic forces scenario shall be performed to verify that the the track until the energy-absorbing transmitted to occupied volumes. trainset crash energy management system capability of the crash energy management 2. The design of the power vehicle and meets the requirements of this section. system has been exceeded and the strength each unit of the passenger vehicle shall Assumptions made as part of the analysis to of occupied volumes of the train start to be consist of an occupied volume located calculate how the kinetic energy of the overcome. between two normally unoccupied volumes. colliding passenger train is dissipated shall b. Anticlimber engagements shall be Where practical, sections within the be fully justified. The analysis must clearly capable of resisting both vertical and lateral unoccupied volumes shall be designed to be show that the designated energy absorbing buckling forces between units due to an structurally weaker than the occupied sections within the unoccupied volumes of acceleration of 1g acting on the total loaded volume. During a collision or derailment, the the trainset crush before collapse of the mass including trucks of the heavier of the designated sections within the unoccupied occupied volumes start and that the two coupled units. volumes shall start to deform and eventually deceleration of people in the occupied collapse in a controlled fashion to dissipate volumes is limited to the levels required by 3. Link Between Coupling Mechanism and energy before any structural damage occurs paragraphs 5 and 6 above. This analysis shall Carbody to the occupied volume. Alternately, a crash be made available to FRA upon request. Tier I: The mechanical link which attaches energy management strategy shall be (APTA points out that crash energy the front coupling mechanism to the car body implemented by trainset. management design concepts have not been shall be designed to resist a vertical 30706 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules downward thrust from the coupler shank of assembly. In other words, collision posts are protection or structural strength to the 100,000 pounds for any horizontal position required at ends of passenger equipment occupied volume. of the coupler, without exceeding the yield where coupling and uncoupling are Tier II: As discussed in the body of the points of the materials used. expected. The requirements for passenger ANPRM, FRA believes that a unitized type of Does this requirement provide protection coach collision posts are identical to the end structure with integral collision and to passengers and crew? If not, how should requirements for locomotive rear collision corner posts that extend to the roof line this parameter be specified? posts. FRA believes this requirement needs to should be considered for a design standard Tier II: Same requirements as above for be improved. The collision posts can easily for passenger equipment. Tier I equipment. be strengthened and lengthened (preferably a. Strength of Corner Posts at the Leading 4. Short Hood Structure (Non-MU full height to the roofline). An equivalent end or Trailing End of a Trainset: Locomotives Only) structure may be used in place of the two i. The leading and trailing ends of the Tier I: The skin covering the short hood or collision posts. trainset shall be equipped with a corner post forward-facing end of the locomotive shall be FRA believes a unified collision post at the intersection of the end with each side. requirement should apply to all Tier I equivalent to a 1⁄2-inch steel plate with a ii. Each corner post shall be capable of 25,000 pounds-per-square-inch yield passenger vehicles, to include coaches and resisting—without failure or deformation—a strength. Higher yield strength material may power/cab cars. The collision posts should be horizontal load applied at any point in a 90 be used to decrease the thickness of the stronger and preferably extend to the degree arc from lateral to longitudinal of material as long as an equivalent strength is roofline. How should collision posts for Tier 333,000 pounds applied at floor level maintained. This skin shall be securely I passenger vehicles be specified? decreasing uniformly to no less than 133,000 attached to the forward collision posts and Tier II: As discussed in the body of the pounds at the roof line. shall be sealed to prevent the entry of ANPRM, FRA believes that a unitized type of iii. The corner posts may be part of the end flammable fluids into the occupied cab area. end structure with integral collision and structure. Does this requirement inhibit the application corner posts that extend to the roof line b. Strength of Corner Posts Not at the of crash energy management technology to should be considered for a design standard Leading or Trailing End of a Trainset: Tier I equipment? for passenger equipment. i. Each end of a trainset unit that is not a a. Strength of the Leading and Trailing Tier II: Same requirements as above for leading or trailing end of the trainset and that Ends of a Trainset. Tier I equipment. is equipped with automatic couplers shall be i. The leading and trailing ends of the equipped with a corner post at the 5. Collision Posts trainset shall be equipped with an end intersection of the end with each side. Tier I: a. Locomotive Forward Collision structure capable of transmitting to the frame ii. Each corner post shall be capable of Posts—Two collision posts are required, each of the leading or trailing unit a horizontally resisting—without failure or deformation—a capable of withstanding a shear load of applied longitudinal load of 1,000,000 horizontal load applied at any point in a 90- 500,000 pounds at the joint of the collision pounds uniformly applied at floor level degree arc from lateral to longitudinal of post to the underframe without exceeding the decreasing uniformly with height to no less ultimate strength of the joint. Each post must than 400,000 pounds uniformly applied at 200,000 pounds applied at floor level also be capable of withstanding, without the roof line without exceeding the ultimate decreasing uniformly to no less than 80,000 exceeding the ultimate strength, a 200,000 strength of the end structure. pounds at the roof line. pound shear force exerted 30 inches above (APTA points out that the need for and iii. The corner posts may be part of the end the joint of the post to the underframe (AAR basis of the high roofline strength structure. Specification S–580). This requirement is requirement has not been established.) (APTA does not believe that the corner independent of train weight. Alternately, an ii. A leading/trailing end structure may be post requirements proposed by FRA are equivalent end structure may be used in used to meet requirements for corner posts realistic. APTA believes these proposed place of the two collision posts. The single and collision posts. corner post requirements should be replaced end structure must withstand the sum of the b. Strength of Collision Posts or End with a requirement that the post be able to forces required for each collision post. Structures. (Ends of trainset other than resist a load of 65,000 pounds applied at a ′′ b. MU Locomotive Rear Collision Posts— leading or trailing ends.) point 30 above the floor without permanent Two collision posts are required, each having i. Each end of a trainset unit designed for deformation.) an ultimate shear value of not less than automatic coupling that is not a leading or 7. Crash Refuge 300,000 pounds at a point even with the top trailing end of the trainset shall be equipped of the underframe member to which it is Tier I: (Note: Existing equipment designs with collision posts or an end structure do not typically incorporate crash energy attached. If reinforcement is used to provide capable of transmitting to the frame of that the shear value, the reinforcement shall have management principles in an effort to unit a horizontal, longitudinal load of mitigate the consequences of a collision. full value for a distance of 18 inches up from 600,000 pounds applied at floor level the underframe connection and then taper to However, future designs of Tier I equipment decreasing uniformly with height to no less should embrace the following guidelines.) a point approximately 30 inches above the than 240,000 pounds applied at the roof line (APTA does not believe that crash refuge underframe connection (49 CFR without exceeding the ultimate strength of requirements should be applied to future 229.141(a)(4)). FRA believes this requirement the collision posts or end structure. designs of Tier I equipment.) needs to be improved. The collision posts (APTA points out that the need for and a. A refuge or survivable area to which the can easily be strengthened and lengthened basis of the high roofline strength crew can retreat in the event of an impending (preferably full height to the roofline). An requirement has not been established.) collision shall be provided. This refuge or equivalent single end structure may be used ii. A unitized end structure may be used survivable area shall take maximum in place of the two collision posts. The single to meet requirements for corner posts and advantage of the structural strength of the end structure must be designed to withstand collision posts. the sum of the forces required for the end power vehicle or control cab and include posts. For analysis purposes, the required 6. Corner Posts shock-mitigating material. forces can be assumed to be evenly Tier I: Corner posts shall be full height b. This refuge shall have the structural distributed at the end structure at the (extending from underframe structure to roof integrity and shock mitigation necessary to underframe joint. structure) and capable of resisting a allow the crew to survive the accelerations c. Passenger Coach Collision Posts— horizontal load of 150,000 pounds at the and forces resulting from the collision Current U.S. practice is to require a pair of point of attachment to the underframe and a scenario described as part of the collision posts at each end of a passenger load of 80,000 pounds at the point of recommended crash energy management coach. If a passenger coach consists of attachment to the roof structure without system requirements. articulated or otherwise permanently joined failure. The orientation of the applied c. The crash refuge shall be readily units, collision posts are required only at the horizontal load shall range from longitudinal accessible for quick entry by the crew. ends of the permanently coupled assembly of inward to transverse inward. The corner Tier II: Same requirements as above for units, not at the ends of each unit of the posts may be positioned to provide Tier I equipment. Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30707

8. Rollover Strength The requirement under consideration is as (APTA recommends the following Tier I: There are no current industry or follows: requirement for Tier I equipment: Passenger Federal specifications for rollover protection a. For all trainset units, ultimate strength luggage stowage racks shall provide in locomotives or passenger equipment. The of the truck-to-car-body attachment shall be longitudinal restraint for stowed articles.) following are proposed examples of such sufficient to resist without failure a force of Tier II: Same requirements as above for requirements to protect crew and passengers 250,000 pounds or the force due to an Tier I equipment. in the event of a rollover scenario: acceleration of 4g acting in any direction on (APTA recommends 3g/3g/3g for Tier II a. Locomotives should be able to withstand the mass of the truck, whichever is greater. equipment luggage stowage compartments) a uniformly applied load equal to 2g acting b. The mass of the truck includes axles, e. Interior Surface Fittings: on the mass of the locomotive without failure wheels, bearings, truck-mounted brake Tier I: of the cab side structure or the cab roof system, suspension system components, and i. To the extent possible, interior fittings structure. (Local deformation of the side any other components attached to the truck. shall be recessed or flush-mounted. sheathing or roof sheathing in the cab area is Tier II: Same requirements as above for ii. Corners and sharp edges shall be permitted as long as a survivable volume is Tier I equipment. avoided. preserved in the crew compartment.) iii. Energy-absorbent material shall be used 11. Strength of Attachment of Interior to pad surfaces likely to be impacted by (APTA believes that this specific Fittings requirement should be replaced with a more passengers or crew members during general requirement stating that locomotives a. Seat Strength: collisions or derailments. (APTA shall be designed to provide a survivable Tier I: recommends deleting this requirement.) volume in the crew compartment in the event i. All seat components shall be designed to Tier II: Same requirements as above for of a rollover.) withstand loads due to the impact of Tier I equipment. passengers at a relative speed of 25 mph. b. Passenger coach and MU locomotive C. Glazing sides and roofs shall have sufficient ii. The seat back shall include shock- structural strength to withstand the dynamic absorbent material to cushion the impact of Tier I: As addressed in the body of the rollover force exerted by an acceleration of 2g passengers with the seat ahead of them. ANPRM, FRA believes that portions of the acting on the mass of an individual vehicle Tier II: Same requirements as above for current glazing requirements in 49 CFR Part or unit without collapse of the occupied Tier I equipment. 223 may need to be revised to adequately volume. The occupied volume may deform to b. Seat Attachment Strength: protect crew members and passengers. In this the extent that no more than 10 percent of Tier I: proceeding or a separate future proceeding, initial volume is lost due to crush caused by i. Passenger and crew seats shall be FRA may ask for consideration of the rollover. FRA believes existing North securely fastened to the car structure in a modifications to 49 CFR Part 223 to address American designs will likely meet this manner so as to withstand an acceleration of the concerns listed below: requirement. 4g acting in the vertical direction on the 1. The witness plate used for testing is too Tier II: Same requirements as above for deadweight of the seat or seats, if a tandem thick, allowing spalling of pieces of glass Tier I equipment. unit. large enough to cause injury; 9. Side Impact Strength ii. The ultimate strength of a seat 2. The impact test using a 24-pound cinder attachment must be such that the seat block is not repeatable; Tier I: attachment is able to resist the longitudinal 3. Vendors or materials should be a. A side impact design requirement inertial force of 8g acting on the mass of the periodically recertified by an independent would, among other things, protect seat plus the impact force of the mass of the testing laboratory; passengers and crew from side collisions by passenger(s) being decelerated from a relative 4. The strength of the framing arrangement heavy highway vehicles at grade crossings. speed of 25 mph. securing the glazing is neither specified nor Such a requirement may be particularly Tier II: Same requirements as above for tested; and important for equipment with a floor height Tier I equipment. 5. Interior glass breakage in the event of a less than 36 inches above the top of the rail. (APTA questions the basis for the seat collision poses a significant hazard to A concept for the requirement is an ability strength and seat attachment strength passengers. to withstand the load applied by a loaded requirements. APTA also believes the Tier II: FRA believes that the following tractor trailer travelling at a selected speed requirements should apply only to passenger requirements address the concerns listed colliding with the side of the car over an area seats, not to crew seats.) above, and also address additional issues and at a height typical of tractor trailer c. Other Interior Fittings: necessary to provide adequate protection to bumpers with a limited deformation of the Tier I: Other interior fittings shall be crew and passengers in the higher risk car body structure. What specific parameters attached to the car body with sufficient environments in which Tier II equipment should be used to implement this concept or strength to withstand accelerations of 8g/4g/ will be operating. what alternate concepts can be proposed for 4g acting longitudinally/laterally/vertically 1. Anti-Spalling Performance—.001 a side impact strength design requirement? on the mass of the fitting. aluminum witness plate, 12 inches from b. If the highway vehicle is likely to Tier II: In addition to the Tier I glazing surface, no marks in witness plate override the trainset unit floor structure, the requirement provided above, the following is after any test. trainset unit side structures shall be designed required: 2. Bullet Impact Performance—Able to stop to resist the resulting forces without The ultimate strength of a locomotive cab without spall or bullet penetration a single penetration of the highway vehicle into the interior fitting and equipment attachment impact of a 9-mm, 147-grain bullet traveling occupied volume of the trainset unit. shall be sufficient to resist without failure at an impact velocity of 900 feet/second with Tier II: Same requirements as above for loads due to accelerations of 12g/4g/4g no bullet penetration or spall. Tier I equipment. longitudinally/laterally/vertically acting on 3. Large Object Impact Performance. (APTA believes the advanced bus design the mass of the fitting or equipment. a. End Facing—Impact of a 12-pound solid side penetration requirements should be considered as an option to the requirements (APTA recommends a 3g/3g/3g steel sphere at the maximum speed at which proposed by FRA.) requirement for the strength of attachment of the vehicle will operate, at an angle equal to interior fittings for both Tier I and Tier II the angle between the glazing surface as 10. Truck-to-Car-Body Attachment equipment.) installed and the direction of travel, with no Tier I: The intent of the requirement in 49 d. Luggage Stowage Compartment Strength: penetration or spall. CFR 229.141(a)(5) and (b)(5) is to keep the Tier I: b. Side Facing—Impact of a 12-pound solid truck attached to the car body in the event i. Luggage stowage compartments shall be steel sphere at 15 mph, at an angle of 90 of a derailment or rollover. In place of this of enclosed aircraft type. degrees to the surface of the glazing, with no requirement, new designs might be required ii. Ultimate strength shall be sufficient to penetration. to resist without failure a minimum force resist loads due to accelerations acting 4. Small Object Impact Performance. applied in any horizontal direction for the longitudinally/laterally/vertically of 8g/4g/4g a. Side Facing—Impact of a granite ballast link which attaches the truck to the car body. on the mass of the luggage stowed. stone with major and minor axes of no 30708 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules greater than 10 percent difference in length, (APTA recommends eliminating lighted) 8.5-inch combined tie plate/rail height by a weighing a minimum of 0.5 pounds, b. Clear, concise instructions for use of the minimum of 1.5 inches. This requirement travelling at 75 mph, impacting at a 90- emergency exits shall be posted at each results in a minimum 10-inch vertical degree angle to the glazing surface, with no location. distance from the lowest point on the wheel penetration or spall. c. Number of exits required: tread to the lowest point on the fuel tank. 5. Frame Strength—Frame holds glazing in i. Four windows—one located at each end b. Bulkhead and skin—material, thickness, place against all forces that do not cause of each side—of a passenger coach shall and strength. glazing penetration. operate as emergency exits. i. Bulkheads—1-inch steel plate with 6. Passing Trains—Glazing and frame shall ii. If the coach is bi-level, four windows— 25,000 psi yield strength. Higher yield- resist the forces due to air pressure one located at each end of each side—on strength steel may be used to decrease the differences caused by trains passing with the each level shall operate as emergency exits. thickness required as long as equivalent minimum separation for two adjacent tracks iii. For special design cars, such as strength is maintained. while traveling in opposite directions, each sleepers, each compartment shall have at ii. Skin—1/2-inch steel plate with 25,000 traveling at maximum speed. least one emergency exit. psi yield strength or equivalent. Higher yield- 7. Interior Glazing—Interior trainset d. Size—Passenger coach sealed window strength steel may be used to decrease the glazing shall meet the minimum emergency exits shall have a minimum free thickness required as long as equivalent requirements of AS1 type laminated glass as opening of 30 inches wide by 30 inches high. strength is maintained. defined in American National Standard (APTA recommends 18 inches wide by 24 iii. The material used for construction of ‘‘Safety Code for Glazing Materials for inches high.) fuel tank exterior surfaces shall not exhibit a Glazing Motor Vehicles Operating on Land e. Each locomotive or power cab shall have decrease in yield strength or penetration Highways,’’ ASA Standard Z26.1–1966. a minimum of one roof hatch emergency exit resistance in the temperature range of 0 to with either a minimum opening of 18 inches 160 °F. D. Emergency Systems—Each Unit and Each c. Compartmentalization—The interior of Level of Bi-Level Units by 24 inches or a clearly marked structural weak point in the roof to provide quick fuel tanks shall be divided into a minimum Tier I: access for properly equipped emergency of four separate compartments designed so 1. Emergency Lighting. personnel. (APTA recommends eliminating that a penetration in the exterior skin of any a. Illumination level shall be a minimum this requirement.) one compartment shall result in loss of fuel of 5 foot-candles at floor level for all f. Each passenger coach or passenger only from that compartment. potential trainset evacuation routes. service car shall be equipped with either a d. Vent system spill protection—Fuel tank b. A back-up power system capable of minimum of two roof hatch emergency exits vent systems shall be designed to prevent operating all emergency lighting for a period with a minimum opening of 18 inches by 24 them from becoming a path of fuel loss in the of at least two hours shall be provided. inches (APTA recommends eliminating the event the tank is placed in any orientation c. The back-up power system shall be size requirement) or a clearly marked due to a locomotive overturning. capable of operation in all trainset unit structural weak point in the roof to provide e. The bottom surface of the fuel tank shall orientations. (APTA recommends adding quick access for properly equipped be equipped with skid surfaces to prevent ‘‘within 45 degrees of vertical’’ to the end of emergency personnel. sliding contact with the rail or the ground this requirement.) g. Each emergency exit shall be easily from easily wearing through the tank. d. The back-up power system shall be operable by passengers and crew members f. Structural Strength—The structural capable of operation after the initial shock of without requiring the use of any special strength of the tank shall be adequate to a collision or derailment. (APTA proposes a tools. support 1.5 times the dead weight of the 3g shock load.) Tier II: Same requirements as above for locomotive without deformation of the tank. 2. Emergency Communication. Tier I equipment. 2. Internal Fuel Tanks. a. Both interior and exterior locations of a. ‘‘Internal fuel tank’’ is defined as a tank emergency communications equipment shall E. Doors (APTA recommends this section whose lowest point is at least 18 inches be specified. Exterior locations must be apply only to exterior powered side doors.) above the lowest point on the locomotive compatible with communication equipment Tier I: wheel tread and that is enclosed by, or is part normally carried by emergency response 1. The status of exterior doors shall be of, the locomotive structure. personnel. Interior locations must be displayed to the crew. If door interlocks are b. Compartmentalization—The interior of provided at both ends of every level of used, the sensors used to detect train motion fuel tanks shall be divided into a minimum passenger units, for passengers to shall be accurate to within ±2 mph. of four separate compartments designed so communicate emergency conditions to the 2. Doors shall be powered by the that a penetration in the exterior skin of any trainset operator. emergency back-up power system. one compartment shall result in loss of fuel b. Back-up power—Emergency 3. Doors shall be equipped with a manual only from that compartment. communication system back-up power shall override that can be used to open doors c. Vent system spill protection—Fuel tank be provided for a minimum time period of without power both from outside and inside vent systems shall be designed to prevent two hours. the trainset. Instructions for manual override them from becoming a path of fuel loss in the c. Clear, concise instructions for emergency shall be clearly posted in the car interior at event the tank is placed in any orientation use shall be posted at all potential evacuation door locations. due to a locomotive overturning. locations. 4. Doors shall be easily operable by d. Internal fuel tank bulkheads and skin (APTA recommends that these passengers and crew members following a shall be 3/8-inch steel plate with 25,000-lb requirements be deferred to the Passenger derailment or collision without requiring the yield strength or material with equivalent Train Emergency Preparedness Working use of any special tools to accomplish the strength. Skid plates are not required. Group.) manual override in the event of head-end Tier II: Same requirements as above for 3. Emergency Equipment. power loss. Tier I equipment. a. Locations of emergency equipment shall 5. Doors shall open outward to facilitate G. Cab Controls, Interior and Safety Features be clearly marked. timely egress in the event of a collision or b. Clear, concise instructions for use of derailment. Tier I: emergency equipment shall be posted at each Tier II: Same requirements as above for 1. Slip/Slide Alarms (49 CFR 229.115). location. Tier I equipment. a. Each power vehicle/control cab shall be (APTA recommends that these equipped with an adhesion control system requirements be deferred to the Passenger F. Fuel Tanks designed to automatically detect a loss of Train Emergency Preparedness Working Tier I: adhesion during power application and then Group.) 1. External Fuel Tanks. reduce power to limit wheel slip. (APTA 4. Emergency Exits. a. Height off rail—With all locomotive recommends eliminating this requirement.) a. Locations of emergency exits shall be wheels resting on the ties beside the rail, the b. The adhesion control system shall also clearly marked and lighted. lowest point of the fuel tank shall clear an automatically adjust the braking force on Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30709 each wheel to prevent sliding during braking. b. Be secured to the car body with an shall have sufficient resistance to fire, smoke In the event of a failure of this system to attachment having an ultimate strength and fume production to allow sufficient time prevent wheel slip/slide within preset capable of withstanding the loads due to for fire detection, for the trainset to stop, and parameters, a visual and/or audible wheel accelerations of 12g/4g/4g acting for safe evacuation of passengers before lethal slip/slide alarm shall alert the train operator. longitudinally/laterally/vertically on the conditions develop. (APTA recommends that The slip/slide alarm shall alert the operator mass of the seat and the crew member this requirement be deleted.) in the cab of the controlling power vehicle/ occupying it. (APTA recommends a 3g/3g/3g 7. At a minimum, the materials used for control car to slip/slide conditions on any requirement that applies only to the mass of the construction of cab interiors including powered axle of the train. (APTA the seat.) but not limited to walls, floors, ceilings, recommends eliminating this requirement.) c. Be designed so all adjustments have the seats, doors, windows, electrical conduits, air c. Each powered axle shall be monitored range necessary to accommodate a 5th- ducts and any other internal equipment shall for slip/slide. (APTA recommends moving percentile female to a 95th-percentile male. meet FRA guidelines published in the this requirement to passenger equipment d. Be equipped with lumbar support that Federal Register on January 17, 1989. (See 54 power brake rules.) is adjustable from the seated position. FR 1837, ‘‘Rail Passenger Equipment; 2. Operator controls in the power vehicle/ e. Be equipped with force-assisted, Reissuance of Guidelines for Selecting control cab shall be arranged to be vertical-height adjustment, operated from the Materials to Improve Their Fire Safety comfortably within view and within easy seated position. Characteristics’’; see also the latest National reach when the operator is seated in the f. Have manually reclining seat backs, Fire Protection Association ‘‘NFPA 130, normal train control position. adjustable from the seated position. Standard for Fixed Guideway Transit 3. The control panels shall be laid out to g. Have adjustable headrests. Systems.’’) minimize the chance of human error. h. Have folding, padded armrests. 8. Detection and Suppression. 4. Control panel buttons, switches, levers, (APTA recommends that these a. Fire extinguishers shall be placed in knobs, etc., shall be distinguishable by sight requirements only apply to floor mounted each unit. and by touch. seats.) b. All trainset components with a potential 5. An alerter shall be provided. The alerter 11. Impact Mitigation. to overheat in the event of a malfunction to may allow the operator freedom of movement a. Sharp edges and corners shall be the extent they could be the source of an on- in the control cab but shall not allow the eliminated from the interior of the cab. board fire shall be equipped with overheat operator to move outside the area in which b. Interior surfaces of the cab likely to be warning devices. These components shall control of the train is exercised while the impacted by crew members during a collision include, but not be limited to: train is in motion. or derailment shall be padded with shock- i. Diesel Engines; 6. Cab Information Displays. absorbent material. ii. Traction Motors; a. Simplicity and standardization shall be Tier II: Same requirements as above for iii. Dynamic Brake Energy Dissipation the driving criteria for design of formats for Tier I equipment. the display of information in the cab. System Components; b. Essential, safety-critical information H. Fire Safety iv. Transformers; shall be displayed as a default condition. Tier I: v. Inverters; and c. Operator selection shall be required to 1. A Fire Protection Engineering Plan shall vi. Head-End Power Generation Systems. display other than default information. be developed as part of the system planning (APTA recommends that the system safety d. Cab/train control signals shall be process. plan determine how to handle components available as a display option for the operator. a. The fire protection engineering plan that could overheat rather than requiring e. Displays shall be easy to read from the shall identify and evaluate the major sources detection devices.) operator’s normal position under all lighting of fire risk. (APTA recommends that this Tier II: Same requirements as above for conditions. requirement be deleted.) Tier I equipment. 7. Pilots, Snowplows, Endplates. b. The plan shall describe the design steps I. Electrical System Design a. The power vehicle/control cab car shall taken to delay the onset of lethal conditions be equipped with a structurally substantial until the fire can be detected, the train No one specific, industry electrical endplate, pilot or snowplow which extends stopped and all personnel safely evacuated. standard adequately addresses all of the across both rails of the track. (APTA recommends that this requirement be electrical safety issues relating to the b. The height of the endplate, pilot, or deleted.) operation of a trainset. As safe operation of snowplow shall be greater than 3 inches and 2. The trainset ventilation system shall be trains becomes more dependent on electronic less than 6 inches off the rails. designed so as not to contribute to the spread technology, reliable electrical and electronic 8. Headlights (49 CFR 229.125) of flames or products of combustion. systems become crucial. The industry a. The power vehicle/control cab shall be 3. Trainset roof design shall prevent high- standard most appropriate for each major equipped with more than one headlight voltage arcs from overhead catenaries from component of the trainset electrical system producing no less than 200,000 candela. penetrating the skin or shell of the occupied needs to be carefully selected. b. The headlights shall be focused to spaces in the trainset. The roof shall not be The requirements provided below are illuminate a person standing between the susceptible to ignition due to high-voltage intended for Tier I and Tier II equipment, as rails at 800 feet (1000 feet for Tier II) under arcing. (APTA recommends that this applicable. clear weather conditions. requirement be deleted.) 1. Conductor Sizes—Conductor sizes shall 9. Crew’s Field of View. 4. Where possible, components that are be selected on the basis of current-carrying a. The cab layout shall be arranged so the potential sources of fire ignition shall be capacity, mechanical strength, temperature, crew has an effective field of view in the located outside occupied volumes and shall flexibility requirements and maximum forward direction and to the right and left of be separated from occupied volumes by a allowable voltage drop. Current-carrying the direction of travel. structural fire-resistant barrier. (APTA capacity shall be derated for grouping and for b. Field-of-view obstructions due to recommends that this requirement be operating temperature in accordance with required structural members shall be deleted.) nationally recognized standards. minimized. 5. Portions of the trainset structure 2. Circuit Protection. c. The crew’s position in the cab shall be separating major sources of ignition, of a. The main propulsion power line shall be located to permit the crew to be able to energy storage, or of fuel loading from the protected with a lightning arrestor, automatic directly observe traffic approaching the train occupied volumes of the trainset shall have circuit breaker and overload relay. The from either side of the train. (APTA sufficient resistance to fire, smoke and fume lightning arrestor shall be run by the most recommends this requirement be revised to penetration to allow time for fire detection direct path possible to ground with a be measurable or be eliminated.) and safe evacuation of the trainset. (APTA connection to ground of not less than No. 6 10. Seat Placement/Features. recommends that this requirement be AWG. These overload protection devices Seats provided for crew members shall: deleted.) shall be housed in an enclosure designed a. Be equipped with quick-release lap belts 6. All materials and finishes used or specifically for that purpose with arc chute and shoulder harnesses. installed in the construction of the trainset vented directly to outside air. 30710 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

b. Head end power including trainline 4. Special Testing Equipment; and j. Tilt System, if so equipped. power distribution shall be provided with 5. Training of Mechanical Forces. 2. The monitoring system shall alert the both overload and ground fault protection. Tier II: Same requirements as above for operator when any of the monitored c. Circuits used for purposes other than Tier I equipment. parameters are out of predetermined limits. propelling the trainset shall be connected to In situations where the system safety analysis their power source through correctly sized K. Brake System indicates that operator reaction time is circuit breakers or circuit breaking Existing brake system equipment must crucial to safety, the monitoring system shall contactors. meet the applicable requirements of 49 CFR take immediate, automatic corrective action d. Each auxiliary circuit shall be provided Parts 229, 231, and 232, and 49 U.S.C. such as limiting the speed of the train. with a circuit breaker located as near as Chapters 203 and 207 as they relate to the 3. The self-monitoring system shall be practical to the point of connection to the specific equipment and operation. designed with an automatic self-test feature source of power for that circuit. Such FRA has recognized that the current that notifies the operator that the system is protection may be omitted from circuits regulations fail to adequately delineate functioning correctly. controlling crucial safety devices. between requirements for conventional M. Trainset System Software 3. Battery System. freight braking systems and the more diverse a. The battery compartment shall be systems for various categories of passenger The requirements provided below are isolated from the cab by a non-combustible service. FRA also recognizes that the intended for Tier I and Tier II equipment, as barrier. regulations should be updated to recognize applicable. b. Battery chargers shall be designed to the contemporary electronic systems that are 1. Software used to monitor and control protect against overcharging. used to control elements of power brake trainset safety features or functions shall be c. Battery circuits shall include an systems. treated as safety-critical. emergency battery cut-off switch to In response to the above concerns, FRA 2. A formal system software safety program completely disconnect the energy stored in published a NPRM for power brake shall be used to develop the system software. the batteries from the load. regulations in September 1994. Four public This program shall include a software hazard d. If batteries are of the type to potentially hearings were held to discuss particular analysis and thorough software design walk- vent explosive gases, the battery issues regarding the proposed rules, and FRA through and verification tests to ensure compartment shall be adequately ventilated is in the process of reviewing comments software is reliable and designed to be fail- to prevent accumulation of explosive received for inclusion in a revision to the safe. concentrations of these gases. original proposed rule. (APTA recommends that Section M be 4. Power Dissipation Resistors. Proposed brake system design eliminated.) a. Power dissipating resistors shall be requirements for Tier I and II equipment will N. Trainset Hardware/Software Integration adequately ventilated to prevent overheating be determined by the Passenger Equipment The requirement provided below is under worst-case operating conditions. Safety Standards Working Group using the intended for Tier I and Tier II equipment, as b. Power dissipation grids shall be information on passenger equipment brakes applicable. designed and installed with adequate air accumulated in docket PB–9 in response to 1. A comprehensive hardware/software space between resistor elements and the NPRM on power brakes. integration program shall be planned and combustible material. L. Automated Monitoring and Diagnostics conducted to demonstrate that the software c. Power dissipation resistor circuits shall functions as intended when installed in a As train speed increases, the human incorporate warning or protective devices for hardware system identical to that to be used decision and reaction time necessary to avoid low ventilation air flow, over-temperature in service. and short circuit failures. potential calamity decreases. Automatic d. Resistor elements shall be electrically control techniques that briefly take the O. Suspension System Design Requirements insulated from resistor frames, and the operator out of the control loop are a means Tier I: FRA does not currently address frames shall be electrically insulated from the to eliminate the delays associated with suspension system requirements for supports that hold them. human decision and reaction in situations passenger equipment. e. The current value used to determine the where taking quick and positive action can Tier II: size of resistor leads shall not be less than be crucial. (APTA recommends that this 1. The suspension system shall be designed 120 percent of the RMS load current under paragraph be deleted.) so no single wheel lateral to vertical force the most severe operating conditions. Tier I: There are no current requirements (L/V) ratio is greater than 0.8 for a duration 5. Electromagnetic Interference/ for Tier I equipment to incorporate automatic required to travel 3 feet at any operating Compatibility. monitoring and control measures as speed or over any class of track used by the a. No trainset system shall produce described above. Specific functions are trainset unless the axle sum ratio is less than electrical noise that interferes with trainline identified below for Tier II equipment, as 1.0. The L/V should be measured with an control and communications or with wayside increased train speeds and higher risk instrument with a band pass of 0 to 25 Hz. signaling systems. operating environments make reactions to 2. Net axle lateral force may not exceed 0.5 b. To contain electromagnetic interference these functions more time-sensitive with times the static vertical axle load. emissions, suppression of transients shall be respect to safety. If the functions identified 3. The minimum vertical wheel/rail force at the source wherever possible. below can be shown to be practically and shall be a minimum of 10 percent of the c. Trainset electrical/electronic systems economically feasible in Tier I equipment, static vertical wheel load. shall be capable of operation in the presence implementation should be considered. 4. The maximum truck side L/V ratio shall of external electromagnetic noise sources. (APTA recommends no such requirements not exceed 0.5. d. All electronic equipment shall be self- for Tier I equipment.) 5. When positioned on track with a protected from damage and/or improper Tier II: uniform 6-inch superelevation, trainsets shall operation due to high voltage transients and 1. The trainset shall be equipped with a have no wheel unload to a value less than 60 long-term over-voltage or under-voltage system that monitors the performance of the percent of its static value on perfectly level conditions. following safety-critical items: track. a. Reception of Cab Signals/Train Control 6. When the equipment is positioned on J. Inspection, Testing, and Maintenance Signals; level, tangent track, and any one wheel is Tier I: The operating railroad shall provide b. Truck Hunting; raised by three inches, no other wheel of the detailed information on the inspection, c. Dynamic Brake Status; equipment shall unload to a value of less testing, and maintenance procedures d. Friction Brake Status; than 0.65 times the weight of the unit necessary for long-term safe operation of the e. Fire Detection Systems; divided by the number of wheels supporting trainset. This information should include: f. Head End Power Status; the unit. (Builders of passenger equipment 1. Testing Procedures/Intervals; g. Alerter; take exception to this proposed requirement 2. Scheduled Preventive Maintenance; h. Horn and Bell; as too stringent. They prefer a more flexible 3. Maintenance Procedures; i. Wheel Slip/Slide; and requirement allowing individual railroads to Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30711 define wheel unloading requirements for safe P. General Locomotive/Power Car Design units need not be equipped with sill steps, operation under worst case track conditions Requirements end or side handholds. for the intended use of the equipment. Tier I: 1. All moving parts, high voltage 4. If the units of the trainset are coupled Compliance with this requirement must be equipment, electrical conductors and with automatic couplers, the units shall be demonstrated as part of the vehicle switches, and pipes carrying hot fluids or equipped with sill steps, end handholds and qualification tests.) gases shall be installed in non-exposed side handholds that meet the requirements of 7. All Tier II equipment shall be equipped locations or shall be appropriately equipped 49 CFR 231.14. with lateral accelerometers mounted above with interlocks or guards to minimize the 5. Passenger handrails or handholds shall an axle of each truck. The accelerometer chance of personal injury. (APTA be provided on both sides of steps used to output signals shall be accurately calibrated recommends eliminating this requirement for board or depart the train. and shall be passed through signal Tier I equipment.) 6. Power vehicle and control cab exits shall conditioning circuitry designed to determine Tier II: Same requirement as above for Tier be equipped with handholds and sill steps. if hunting oscillations of the truck are I equipment. 7. Safety appliance mechanical strength. occurring. Hunting oscillations are defined as a. All handrails and sill steps shall be six or more consecutive oscillations having a Q. Power Vehicle/Control Cab Health and made of 1-inch diameter steel pipe or 5⁄8-inch peak acceleration in excess of 0.8g peak-to- Comfort Design Features thickness steel or a material of equal or peak at a frequency of between 1 and 10 Hz. Issues under this heading may be added to greater mechanical strength. If hunting oscillations are detected, the train this proceeding following submission of b. All safety appliances shall be securely monitoring system shall provide an alarm to FRA’s Report to Congress on Locomotive fastened to the carbody structure with the operator and automatically slow the train Crashworthiness and Working Conditions. mechanical fasteners that have mechanical to a speed where hunting oscillations no strength greater than or equal to that of a 1⁄2- longer occur before returning total control of R. Coupler/Draft System Performance (Only inch diameter SAE steel bolt mechanical the trainset to the operator. Leading and Trailing Couplers of Integral fastener. 8. Ride Vibration (Quality)—While Trainsets) 8. Handrails. traveling at the maximum operating speed Note: This requirement is applicable only a. Throughout their entire length, handrails over the intended route, the train suspension for use in integral trainsets, envisioned to be shall be a contrasting color to the system shall be designed to: prevalent in the higher speed operating surrounding vehicle body. a. Limit the vertical acceleration as environments of Tier II equipment. b. Vertical handrails shall be installed so measured by a vertical accelerometer Otherwise, guidance regarding coupler/draft as: mounted over the leading truck of each system performance requirements remain as i. The maximum distance above the top of trainset unit to no greater than 0.55g single specified. the rail to the bottom of the handrail shall be event, peak-to-peak. Tier II: 1. Leading and trailing automatic 51 inches and the minimum distance shall be b. Limit the lateral acceleration as couplers of the trainset shall be compatible 21 inches. measured by a lateral accelerometer mounted with standard AAR couplers with no special ii. To continue to a point at least equal to over the leading truck of each trainset unit adapters used. These couplers shall include the height of the top edge of the control cab to no greater than 0.3g single event, peak-to- automatic uncoupling devices that comply door. peak. with the Safety Appliance Standards (49 CFR iii. Minimum hand clearance distance c. Limit the combination of lateral and Part 231) and 49 U.S.C. 20302(a)(1)(A). between the handrail and the vehicle body vertical events occurring within any time 2. The leading and trailing trainset unit’s shall be 21⁄2 inches for the entire length. period of 2 consecutive seconds to the square coupler/draft system design shall include an iv. All vertical handrails shall be securely root of (V2+L2) to no greater than 0.604— anti-climbing feature capable of resisting fastened to the vehicle body. where L may not exceed 0.3g and V may not without failure a minimum vertical force v. If the length of the handrail exceeds 60 exceed 0.55g. between the coupled units in either the up inches, it shall be securely fastened to the 9. If hunting oscillations are detected on or the down direction resulting from an power vehicle body with two fasteners at any equipment in the train, the maximum acceleration of 1g acting on the total mass each end. speed of that train shall be limited to 10 mph including trucks of the leading or trailing 9. Sill steps. less than the speed at which hunting stops unit of the trainset. The coupler/draft system a. Each power vehicle or control cab shall as the train speed is decreased from the itself may fail (shear back type coupler) to be equipped with sill steps below each door. initial hunting speed. allow the anti-climbing feature to engage. b. Power vehicle or control cab sill steps 10. If the ride quality limitations of shall be a minimum cross-sectional area 1⁄2 paragraph 8 of this section are exceeded, the S. Safety Appliance Design Requirements by 3 inches, of steel or a material of equal operating speed shall be restricted to that Tier I: Current safety appliance or greater strength and fatigue resistance. which would result in a peak-to-peak lateral requirements are found at 49 CFR Parts 229, c. Sill steps shall be designed and installed acceleration no greater than 0.25g and a peak- 231 and 232, and 49 U.S.C. Chapters 203 and so: to- peak vertical acceleration no greater than 207. (Existing requirements which are i. The minimum tread length of the sill 0.5g. statutorily based cannot be changed by this step shall be 10 inches. 11. Passenger cars of a non-tilting design rulemaking.) ii. The minimum clear depth shall be 8 shall not operate under conditions resulting Tier II: 1. The leading and the trailing ends inches. in a cant deficiency of greater than 6 inches of the trainset shall be equipped with iii. The outside edge of the tread of the sill or that corresponds to a steady-state lateral automatic couplers that: step shall be flush with the side of the power acceleration of 0.1g, whichever is less. a. Couple on impact and allow uncoupling vehicle or cab car body structure. 12. Trainsets of a tilting design shall not without necessitating a person going between iv. Sill steps shall not have a vertical rise operate under conditions resulting in a cant cars; and between treads exceeding 18 inches. The deficiency greater than 9 inches or that b. Shall be activated either by a traditional lowest sill step tread shall be not more than corresponds to a steady-state lateral uncoupling lever or some other means of 20 inches above the top of the track rail. acceleration of 0.1g (measured parallel to the automatic uncoupling mechanism that does v. The sill step shall be a color which car floor), which ever is less. not require a person to go between contrasts with the surrounding power vehicle 13. All wheels shall be heat treated, equipment units. body color. curved-plate type or a design with equivalent 2. Leading and trailing end automatic vi. All sill steps shall be securely fastened. resistance to thermal abuse. couplers and uncoupling devices may be vii. As a minimum, 50 percent of the tread 14. Bearing overheat sensors are required. stored within a shrouded housing, but shall surface area shall be open space. These are not required to be on board, and be easily removed when required for viii. The portion of the tread surface area may be placed at reasonable wayside emergency use. which is not open space and is normally intervals. Periodic bearing inspection 3. If the units of the trainset are semi- contacted by the foot shall be treated with an required at 50 percent of the L10 life at a load permanently coupled, with uncoupling done anti-skid material. factor of 2. only at maintenance facilities, the trainset 10. Safety appliance mechanical fasteners. 30712 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

a. Safety appliance mechanical fasteners c. Fasteners shall be installed to facilitate 12. If two trainsets are coupled to form a shall have mechanical strength and fatigue inspection. single train by an automatic coupler, the resistance equal to or greater than a 1⁄2-inch 11. Safety appliances installed at the coupled ends must be equipped with end diameter SAE steel bolt. option of the system operator shall be firmly handholds, side handholds and sill steps. If b. Fasteners shall be installed with a attached with mechanical fasteners and shall the trainsets are semi-permanently coupled, positive means to prevent unauthorized meet the design and installation these safety appliances are not required. removal. requirements given herein. BILLING CODE 4910±06±P Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30713

Appendix C.—AMTRAK Passenger Train Safety Inspection Criteria (Serves as a Sample Only) 30714 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30715 30716 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30717 30718 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30719 30720 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30721 30722 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

BILLING CODE 4910±06±C Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules 30723

Appendix D—Economic Questions for 4. Questions on Personnel Qualifications locomotive pairs operate as lead units. Is this Passenger Equipment Safety Standards Currently, how many employees/ estimate accurate? Approximately how many contractors are involved in inspecting, trips per year involve multiple unit Economic questions which appear in the testing, and maintaining a passenger car or locomotive pairs? body of this document are posed to help FRA locomotive? How many of these people are gain a clear understanding of what costs the 9. Questions on Operating Practices and mechanical personnel? Are there established Procedures industry would incur to meet possible minimum training and qualification passenger equipment safety standards. To requirements for employees and contractors a. What costs and potential benefits are estimate the total costs that the industry performing inspections, testing, and associated with alternative measures to would incur as a result of complying with maintenance? Approximately how many safeguard passenger movements in ground possible passenger equipment safety labor hours does each passenger service level stations? standards, we need to understand how operator spend each year on these activities? b. At what costs can alternative measures performance of existing structures, What are the potential benefits of increased to mitigate risks of high-speed express trains equipment, programs, and procedures training in periodic testing and maintenance? through stations be implemented? compare with what would be required to To what extent are expenditures on such 10. Questions on Equipment Design meet the standards. FRA also needs to gain training cost effective? Historically, does this Standards a better understanding of both the qualitative type of training produce identifiable safety and quantitative benefits associated with the benefits? Please explain. a. What would be the likely costs requirements under consideration. associated with different alternatives FRA would appreciate receiving economic 5. Questions on Tourist and Excursion available for ensuring that anticlimbers are information from all concerned parties Railroads loaded vertically during collisions? including individual passenger service Information available to FRA indicates that b. What costs would be associated with operators and equipment manufacturers. there are approximately 100 excursion specifying a more effective anticlimber, Information regarding only one particular railroads operating about 250 locomotives stronger and full height collision posts, and sector or operator is useful. Use of this and 1,000 passenger cars. Is this information full height corner posts on conventional information will result in a more accurate correct? What size crews operate excursion passenger locomotives? analysis of costs and benefits. and tourist trains? What is the average annual c. How much would it cost to equip passenger car mileage for tourist and conventional passenger service locomotives 1. Questions on System Safety Plans excursion railroads? with the type of strengthened fuel tanks Are any system safety plans or similar What potential safety benefits are available discussed in Appendix B? What levels of plans currently in use? How much would it from possible passenger equipment standards safety benefits can be realized from cost (in terms of time and effort) to update for tourist and excursion railroads? To what strengthened/ruggedized fuel tanks? existing or develop new system safety plans? extent can these safety benefits be realized, d. How many units have backup power On average, approximately how often would and what will they cost? Please explain. systems currently in place? What would it cost to install a backup power system? What system safety plans have to be updated? 6. Questions on Private Passenger Cars levels of safety benefits would result from How would system safety plans improve backup power systems? safety? Specifically, what areas of safety How many private passenger cars are in How many coach units have backup would be improved, by how much, and why? operation? On average, how many miles do emergency lighting? What would it cost to Please provide copies of any studies, data, or private passenger cars travel annually? What potential safety benefits are available install a backup emergency lighting system? arguments which support your answer. from possible passenger equipment standards What rationale is used to determine whether 2. Questions on Pre-Departure or Daily Safety for private passenger car operators? To what a unit will have backup emergency lighting? Inspections extent can these safety benefits be realized, To what extent would potential safety benefits be realized? Please explain. In terms of labor, materials, etc., what and what will they cost? Please explain. What would it cost to install roof hatches additional resources would each operator 7. Questions on Commuter Equipment and on cars? need to perform a pre departure inspection Operations What options exist for enclosing existing equivalent to Amtrak’s? How many pre- Information available to FRA suggests that luggage compartments? At what cost? To departure or daily inspections are performed there are about 20 commuter railroads what extent would potential safety benefits annually by each operator? nationwide operating roughly 5,400 from enclosing luggage compartments be What potential safety benefits would result passenger cars, 400 cab cars, 2,000 multiple realized? Please explain. from performing inspections equivalent to unit locomotive pairs, and 400 conventional e. What levels of benefits would be realized Amtrak’s? Please explain/document locomotives. Are these estimates accurate? from modifying 49 CFR Part 223 as estimates. For those currently performing What size crews operate commuter trains? suggested? At what cost would these benefits inspections, what additional benefits could Approximately how many people stand on be realized? be realized by modifying those inspection each train? procedures to meet Amtrak’s? Please explain/ As a result of implementing possible 11. Questions on Design Standards for High- document. What additional costs would passenger equipment standards, would Speed Equipment result from performing inspections commuter operators realize different safety a. What costs would be associated with equivalent to Amtrak’s, or for those operators benefits and costs than intercity operators? alternative approaches designed to prevent currently performing inspections, what Please explain. crushing or penetration of the occupied additional costs would be incurred by volume in power and coach cars? Please be modifying inspection procedures to be 8. Questions on Operations With Cab Car specific in defining the alternative approach equivalent to Amtrak’s? Please explain/ Forward and MUs and its cost elements. document. What costs and benefits would be b. How much would installation of associated with alternatives for increasing alternative buckling delay systems cost in 3. Questions on Periodic Testing and crew and passenger protection in a head-on terms of labor hours and materials? Maintenance collision with a cab car leading? c. What seat configurations do passenger Currently, what equipment is tested and Data indicate that at least 400 cab cars cars operating at speeds greater than 80 mph maintained periodically? How often (in terms operate as lead units. Is this estimate have? If configurations vary, please explain of miles or time) is this equipment tested and accurate? Approximately, how many trips are the differences and why they vary. How maintained? What do periodic tests and made each year with cab cars operating as many seats does the average passenger car maintenance currently entail—labor, lead units? At what maximum speeds do have? If there is no such thing as an average materials, etc.? What benefit(s)/costs would trains operate cab car forward? passenger car, how many seats do the be associated with a periodic testing and Information available to FRA suggests different types of passenger cars have? How maintenance requirement? Please explain. approximately 2,000 multiple unit many cars are there of each different type? 30724 Federal Register / Vol. 61, No. 117 / Monday June 17, 1996 / Proposed Rules

What costs would be involved with conventional locomotives dedicated to rail ridership be expected to switch? How has installation of lap belts, shoulder harnesses, passenger service in the United States. Is this this conclusion been reached? What and other safety restraints on passenger cars? information accurate? assumptions are made? FRA is interested in To what extent would safety benefits be obtaining copies of studies or other realized from installing safety restraints? 13. Questions Regarding Ridership and Ticket Prices documentation addressing the issue of Please explain. passenger diversion from rail to other modes d. In terms of time, materials, and labor, What ridership levels are experienced of travel as a result of new rail safety what would installation of crash refuges through the year? Would meeting the new standards. What factors have the greatest (protected areas for the crew when a collision higher standards described in Appendix B effect on ridership levels: price, seat result in higher fares? If so, how much is unavoidable) in locomotives cost? availability, trip time, variability in trip time, higher? Would a decrease in ridership be etc.? 12. Question Regarding Size of Fleet Affected expected? If so, to what extent? Please Information available to FRA suggests that explain the method of estimation. To which [FR Doc. 96–14944 Filed 6–14–96; 8:45 am] there are about 8,200 passenger cars and 970 alternative forms of travel would any lost BILLING CODE 4910±06±P federal register June 17,1996 Monday Final Rule Advanced SimulationPlanRevisions; 14 CFRPart121 Federal AviationAdministration Transportation Department of Part III 30725 30726 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Appendix H specifically describes the United further believes that its request simulator and visual system would be in the public interest since it Federal Aviation Administration requirements that must be met to obtain is universally acknowledged that approval to conduct certain training and simulator training is superior to training 14 CFR Part 121 checking in the particular type of in an actual aircraft and the public is simulator (Phase I, II, or III). served best when high quality training [Docket No. 28072; Amdt. No. 121±258] Appendix H was developed and is conducted in the safest and most cost- RIN 2120±AF29 adopted when there were no ‘‘advanced effective manner. simulators.’’ Currently, however, The FAA agrees with much of Advanced Simulation Plan Revisions advanced simulators exist which have United’s rationale in its petition; permitted virtual duplication of many however, after consideration of the AGENCY: Federal Aviation aircraft performance characteristics and Administration (FAA), DOT. supportive information, the FAA systems. As a result, the vast majority of believes that United is not alone or ACTION: Final rule. U.S. airline pilot training is now unique in its request. Therefore, the conducted in these advanced SUMMARY: This final rule: Updates the FAA has determined that the simulators. According to industry terminology used to describe simulators; appropriate response to the United members, however, certain limitations eliminates the requirement that the petition for exemption is to change the originally incorporated into Appendix H minimum of 1 year of employment as an existing regulations. On February 14, still require a small, yet relatively instructor or check airman be with the 1995, the FAA published a notice of expensive, amount of training to be operator of the simulator; and proposed rulemaking (NPRM) (60 FR completed in the actual airplane. authorizes the use of Level C simulators 8490) in which it proposed to revise and In light of their highly satisfactory for initial and upgrade training and clarify certain requirements of part 121, experience with these simulators, some checking for second-in-command (SIC) appendix H. The FAA received nine industry members believe that Level C duties. This action responds to concerns comments on its proposal. The simulators should be approved for those identified by certain affected certificate commenters included the Air Transport flightcrew training and checking holders in petitions for exemption. It is Association (ATA), Simuflite, the maneuvers that currently are permitted intended to alleviate unnecessary Regional Airline Association (RAA), the only in the aircraft or in Level D training costs while maintaining an Airline Pilots Association (ALPA), the simulators. (The differences between equivalent level of safety. Federal Express Corporation (FedEx), Level C and Level D simulators are United, Atlantic Southeast Airlines, Inc. EFFECTIVE DATE: June 17, 1996. discussed in more detail below.) In a (ASA), American Airlines (American), FOR FURTHER INFORMATION CONTACT: Gary petition for exemption dated October and an individual whose affiliation was E. Davis, Project Development Branch, 12, 1992, the Air Transport Association, not revealed. ALPA and the individual AFS–240, Air Transportation Division, on behalf of its affected member airlines were the only commenters who were Office of Flight Standards, Federal and other similarly situated airlines, not generally supportive of the proposal Aviation Administration, 800 petitioned for an exemption to provide and made several recommendations. Independence Avenue, SW., for initial training in a Level C Other commenters expressed general Washington, DC 20591, Telephone (202) simulator. Trans World Airlines and support with minor modifications. All 267–3747. Tower Airlines petitioned individually comments are discussed below under SUPPLEMENTARY INFORMATION: to use a Level C simulator to conduct ‘‘Discussion of the Final Rule.’’ limited initial and upgrade training and Availability of Final Rules checking functions that would normally Discussion of the Final Rule Any person may obtain a copy of this be conducted in a Level D simulator. Terminology final rule by submitting a request to the Agreeing in part with the petitioners’ Federal Aviation Administration, Office supportive information and, based on its Simulators historically have been of Rulemaking, ARM–1, 800 own experience, the FAA granted some referred to in terms of ‘‘phases’’ because Independence Avenue, SW., limited relief for training and checking. it was expected that operators would be Washington, DC 20591, or by calling More recently, United Airlines upgrading their simulator inventories in (202) 267–9677. Communications must (United) has requested similar but phases while exercising simulator identify the notice number of this final slightly more extensive relief than privileges commensurate with the phase rule. previously granted. United believes that of the simulator. The upgrading of Persons interested in being placed on its experience with advanced simulators in phases is now essentially the mailing list for future rules should simulation, as well as the FAA’s own complete and the designation of request from the above office a copy of experience, more than adequately ‘‘phase’’ for identification of simulator Advisory Circular No. 11–2A which justifies expending the scope of complexity is no longer descriptive. describes the application procedure. flightcrew training and checking in a Operators no longer begin at a lower Level C simulator. In support of its level of qualification and upgrade in Background request, United points out that: (1) The phases. The tendency is to acquire a Appendix H to Title 14 Code of same training curricula and pilot given level simulator that best meets Federal Regulations (CFR) part 121, proficiency standards would apply to a their needs. The agency and the ‘‘Advanced Simulation Plan,’’ provides Level C or Level D simulator; (2) these industry now commonly refer to guidelines and a means for achieving curricula can be implemented and simulators in terms of ‘‘levels.’’ The flightcrew training and checking in proficiency demonstrated effectively in FAA received two comments, from advanced airplane simulators. The a Level C simulator; and (3) daily local Simulflite and United, on this proposal three-phase plan provides standards for FAA oversight of training and checking to modify existing appendix H a progressive upgrade of airplane programs will assure that these terminology. Both commenters simulators so that the total scope of curricula and standards remain supported the FAA’s proposal to replace flightcrew training can be enhanced. sufficient. the term ‘‘phase’’ with the term ‘‘level.’’ Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30727

This rule, therefore, revises appendix ATA: There is no evidence to show maintained? Level D simulators provide H, as discussed below, to replace the old that a Level D simulator makes any airframe icing effects and realistic terminology with the new throughout difference in the training and airport lighting. They also provide the appendix. The new terminology will qualification of pilots when compared airframe buffet and visual scenes such be used throughout this preamble in to the training available in a Level C as landing illusions, overwater discussing other amendments to this simulator. There is no difference in approaches, and rising terrain on the rule. flight dynamic performance between approach path. The levels currently used to describe Level C and D simulators. Level C can Individual: Simulators are not all that a particular simulator compared with be treated as Level D for all training and they should be—visual cues, inflight the older phase designations are: checking functions. dynamics, landing maneuvers, and total FedEx: The only perceptible environment experiences have yet to be New terminology Old terminology difference between a Level C and D fully developed with current simulator simulator is that a Level D simulator has technology. Level A ...... Visual. a daylight visual system. A Level C FAA response: The discussion of the Level B ...... Phase I. differences between Level C and Level Level C ...... Phase II. simulator is capable of providing the Level D ...... Phase III. same quality of training as a Level D D simulator programs includes simulator. The pilot must pass the same consideration for the performance Authorizing Additional Training and flight test standards on all required standards of each and how each level of Checking in a Level C Simulator maneuvers in either Level C or Level D qualification may be applied to training simulators. A 1984 study concluded that and checking. Application of a specific All simulators duplicate or simulate a simulator, less sophisticated than a qualification level depends in turn on the functions of an airplane to varying Level C simulator, will support a large student experience levels and the levels of accuracy. The FAA currently majority of the events needed for ATP overall curriculum. The FAA still requires that, for each higher level of certification. Moreover, this study also believes, as industry did when appendix simulator, the simulator duplicate the concluded that for an ATP or type rating H was implemented, that lower performance of the airplane over larger for students with a commercial rating experience levels require more accurate and more critical portions of the (1,500 hours of flight) no requirement flight dynamic simulation and training airplane’s operating envelope. This exists for a daylight visual system. in a wide variety of special effects such performance must be shown by United: The continued efforts to as weather and runway contaminants. documented evidence. Level D justify uses for a Level D simulator are The Level D simulator performance simulators must provide the highest simply not supported by airline training standards exceed Level C in special level of flight realism. They must experience. Level C simulators are effects to include daylight visual scenes perform as the airplane performs over completely adequate for all training and and more accurate testing for flight the largest portion of the airplane’s checking. Level D simulators cost more dynamics, motion, and sound. It has operating envelope, while providing the to buy and maintain. The aerodynamic always been FAA’s intent that the most complete and technically accurate models and performance of Level C and special effects required of each environment possible. Evidence of this D simulators are identical. The real qualification level be used in the performance must include certain differences between Level C and Level curriculum for initial and upgrade pilot sophisticated aerodynamic modeling D simulators are the availability of qualification. that allows more complete replication of daylight visual scenes, some special The FAA understands ALPA’s the performance of the airplane. effects, and objective tuning of sound concern that the special effects (to Level C simulators are designed to and motion cues. include daylight visual scenes) required operate over the same portion of the ASA: A Level C simulator should be of Level D simulators currently are not airplane’s operating envelope as Level D allowed for full training and checking being exercised in contemporary simulators, and do so under a relatively for initial SIC. The FAA also should training programs as originally sophisticated performance verification allow partial credit for Level B under intended. These effects are one of the process. Level C simulators, however, appendix H. The only significant key elements required for the different are not required to have sophisticated difference is the visual system, which, experience levels acceptable for use in aerodynamic modeling factors. Nor do except for circle-to-land maneuvers is Levels C and D. they undergo the degree of performance not a factor. Level 5, 6, and 7 Flight One commenter, ASA, suggested that verification that Level D simulators do. Training Devices should be allowed appendix H should ‘‘allow partial credit The FAA proposed that Level C credit under appendix H. This would for Level B,’’ and that ‘‘Levels 5, 6, and simulators may be used for initial allow a combination of flight training 7 Flight Training Devices should be qualification and upgrade training and devices and Level B or C training. credited under appendix H.’’ The FAA checking for SIC. Because of American: A Level D simulator has an believes that items 1. and 2. of the performance differences between Level extremely limited training value ‘‘Advanced Simulation Training C and level D simulators, however, the advantage over a Level C simulator. Program’’ provide the latitude to FAA proposed that pilots qualified With the recent technological advances integrate Level A, B, C, and D simulators using Level C simulators meet certain in visual systems, a Level C simulator with other simulators and training prerequisite levels of experience. could be more valuable from a training devices to maximize the total training, Further, the FAA proposed that these perspective than some Level D checking, and certification functions. pilots be required to have supervised simulators. The Level C simulator with The 1984 FAA study referenced by post-qualification operational the wide visual system is superior to the FedEx assumed that the ATP/Type experience. Level D simulator with the conventional rating applicant met the experience Several commenters discussed the monitor optics display in meeting requirements for an ATP as provided various capabilities of Level C and D training objectives. under § 61.155. While this is a higher simulators. The opinions of the various ALPA: If a Level C simulator can be experience level than that required of an commenters on this issue are substituted for a Level D simulator, then SI for part 121 operations, it speaks paraphrased as follows: how is training enhanced and safety directly to the application of the 30728 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations performance differences between Level aeronautical experience requirements of American commented that, since C and Level D simulators and the § 61.155 in ‘‘the’’ airplane. According to some training in the flight training related PIC and SIC qualifications and Simuflite, the proposal should have segment may actually begin in either a certification credits. For example, SIC stipulated that the applicants possess flight training device or Levels A or B applicants that do not meet § 61.155 the experience requirements of § 61.155 simulators to accomplish events experience may qualify in a Level D in ‘‘an’’ airplane of equivalent class. As permitted under part 121, appendix E, simulator, while those applicants that for the proposed revisions to the the third sentence of the preamble do meet this experience may qualify in operating experience provisions, discussion under the heading ‘‘Prior a Level C simulator. Simuflite agreed that operating Aeronautical Experience’’ should have The FAA believes that further studies experience should be acquired been worded as follows: ‘‘The rule are needed to explore the entire issue of performing the duties of the respective would require * * * under § 61.155, ‘‘out-of-the-window’’ visual cue crew position under the supervision of before beginning the flight training requirements relative to the current and a check pilot and regardless of whether segment of a training program that uses projected state of the art. A research the training was done in a Level C or D a Level C simulator to accomplish the requirement for this study has been simulator. However, according to inflight training items under part 121, established. Industry participation is Simuflite, the provision to make appendix E and the part 61, appendix A planned and judged essential to the operating experience requirements more check for the ATP certificate or rating success of this research. stringent for the SIC who received under § 61.157.’’ Like United, American The FAA agrees with the commenters training in a Level C infers that there is concurred with ATA’s suggested who have indicated that the some belief that the training may be rewording of § 121.434(c)(2)(ii)(B). aerodynamic performance of Level D insufficient and inferior. FAA Response: Regarding has been generally accepted as the In regard to § 121.434(f), RAA amendments to § 121.434, the FAA industry standard for all advanced recommended that the FAA eliminate agrees with the commenters and has simulators including Level C. Therefore, from the final rule the proposed determined that these proposed the FAA accepts that the aerodynamic restriction which would not permit SIC amendments need not be retained. The performance of some (late model) Level pilots trained in a Level C simulator to FAA, in its deliberations and review of C simulators may be identical to Level reduce the hours of initial operating comments, agrees with United which D simulators. Level C simulators that experience by up to 50 percent by the pointed out that the questions on meet Level D aerodynamic performance substitution of one additional takeoff whether or not to amend § 121.434(f) standards provide training benefits in and landing for each hour of flight. was contradictory to an earlier FAA some areas equal to Level D simulators. proposal. Some commenters also stated FedEx stated that it could only agree However, the use of Level D that the proposal to require four takeoffs that SIC’s should have to meet the flight aerodynamics is not required of Level C, and four landings for the SIC as sole experience requirements of § 61.155, if and Level C simulators are not tested manipulator of the controls was and qualified to Level D aerodynamic qualifying in a Level C simulator, if an excessive and did not address pilot-not- standards. ATP certificate is involved. If the FAA flying duties. The FAA has decided that Given 13 years of experience using is going to require SIC’s to meet the the changes made to § 121.434 in the Level C simulators, and the rigorous requirements of § 61.155, then it should final rule entitled ‘‘Pilot Operating and qualification process and performance require all pilots qualifying as SIC’s to Experience Requirements’’ (60 FR standards required for Level C meet those requirements, regardless of 20858, April 27, 1995) satisfies these simulators, the FAA adopts its proposal the method used to qualify the issues raised by commenters and to allow Level C simulators to be used individual. According to FedEx, there adequately addresses the safety for initial qualification and upgrade probably are not many part 121 SIC’s concerns of the FAA. Therefore, the training and checking for SIC. who do not meet the requirements of FAA will not propose additional § 61.155. Further, FedEx did not agree amendment to § 121.434. Prior Aeronautical Experience that § 121.434(c)(2) should be tied to all Regarding the proposed change to The FAA proposed to add a new pilots trained in a Level C simulator. For require an SIC to meet the flight paragraph 4 to the proposed section FedEx, if an SIC needs supervised experience requirements of § 61.155, the entitled ‘‘Level C, Training and operating experience, then it should be FAA has determined that Level D Checking Permitted.’’ Under this made applicable to all SIC’s, regardless simulators, used in an approved proposal, the FAA would permit SIC of how they were qualified. appendix H training program that may applicants to obtain initial and upgrade United supported a requirement for use the prescribed special effects for the training and certification checks in SIC operating experience to be gained in 250-hour commercial, instrument-rated Level C simulators if certain the SIC duty position, supervised by a pilot, constitute the minimum preconditions are met. This new check pilot. However, United did not acceptable level for initial and upgrade paragraph, as proposed, would require support the proposed requirement that SIC qualification in part 121 today. that the applicant meet the prior the operating experience consist of at Using a Level C simulator for training aeronautical experience requirements least four takeoffs and four landings as the 1500-hour ATP applicant is equal to for an ATP certificate and airplane the sole manipulator of the controls. or better than using a Level D similator rating under § 61.155, before beginning According to United, experience with for training the 250-hour commercial, training in a Level C simulator and ‘‘pilot not flying’’ duties is as important instrument-rated pilot. The FAA before being checked under § 61.157 in as ‘‘pilot flying’’ duties. In this regard, believes that experience requirements a Level C simulator for an ATP United concurred with ATA’s opinion are a vital part of qualification, as well certificate or rating. on rewording § 121.434(c)(2)(ii)(B). as any required certification within Simuflite expressed uncertainty United further noted that the question of qualification. Therefore, it is regarding the lack of any requirement whether or not to amend § 121.434(f) in appropriate to require § 61.155 for recency of experience and no this proposal (Notice 95–2) differed experience for SIC qualification and restrictions on prerequisite experience from FAA’s earlier proposal to amend training and paragraph 4 under for SIC applicants who meet the that same section in Notice 93–1. proposed ‘‘Level C, Training and Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30729

Checking Permitted’’ is adopted as military, a manufacturer, or a foreign part 121, part 135, corporate, and proposed. airline—is qualified. military operations. RAA commented that previous Further, in response to United’s Modifying Employment Requirement experience should not be limited to comment, the FAA adopts its proposal This final rule will remove the airplanes of the same group. According to delete the words ‘‘by the certificate requirement in appendix H (in to RAA, the FAA should require 1 year holder’’ from paragraph 3 of ‘‘Advanced paragraph 3 of the section entitled as PIC or instructor pilot, to include Simulation Training Program’’ and to ‘‘Advanced Simulation Training military time. Further, RAA indicated delete the words ‘‘with the operator’’ Program’’) that each instructor and that pilots should have a type rating and from paragraphs 2(a) (ii) and (iii) of check airman have been employed for at should have completed an air carrier ‘‘Phase II Training and Checking least 1 year by the certificate holder approved training program. Permitted.’’ applying for approval of the program. FedEx commented that the proposal The FAA understands ALPA’s The FAA’s intention, in originally should be modified to include flight concern that instructors and check requiring a minimum period of 1-year of instructors with experience in airplanes airmen should be familiar with employment with the operator, was to of the same group who gained ‘‘company policies and operating ensure suitable experience levels for experience in the military, with airframe procedures.’’ However, as previously individuals selected to be instructors manufacturers, and/or with training stated, the FAA believes that the student and check airmen. The most centers. entry level of experience required by an sophisticated simulator can be of little United supported the FAA’s proposal approved training program, in addition value without an experienced, well- to delete the requirement for to the training prerequisites for these trained instructor or check airman to employment ‘‘by the certificate holder’’ individuals in appendix H, and operate it. However, the agency has under existing paragraph 3 of elsewhere under part 121, establishes an concluded that this goal can be achieved ‘‘Advanced Simulation Training adequate level of preparation. Program’’ because this relief has already by 1 year of experience serving as an Clarifying Training and Certification been offered through exemptions issued instructor or check airman with any part Check Requirements for Initial and to United and to ATA. It also supported 121 operator. The FAA believes that this Upgrading Training for SIC’s Upgrading the FAA’s proposal to delete the words amount of instructor experience, in to PIC ‘‘with the operator’’ for PIC initial or addition to the training prerequisites for Under the proposed section entitled these individuals in appendix H, is an upgrade training, under existing paragraphs 2(a) (ii) and (iii) of ‘‘Phase II ‘‘Level C, Training and Checking adequate level of preparation for an Permitted,’’ the FAA proposed to instructor or check airman in a Level C Training and Checking Permitted.’’ United concurred with other redesignate paragraph 2(a) as paragraph simulator. Modifying the employment commenters that equivalent military 2 and paragraph 2(b) as paragraph 3 to requirement in this way will not experience should be allowed. clearly distinguish between the decrease safety. However, it should be ASA indicated that appendix H prerequisites for initial versus upgrade noted that, instructors and check airmen should allow established operators to training and checking. This paragraph may participate in more than one introduce new aircraft with instructors restructuring was proposed in order to operator’s approved training program; currently employed without waiting 1 eliminate the need for the flush each operator must provide training for year to gain in-type experience. paragraph currently at the end of the each instructor and check airman in its American echoed the exemption section. training program. Thus, an instructor or experience mentioned by United and Current paragraph 2(a) sets forth the check airman who instructs for more further stated that this experience has prerequisites for training and checking than one operator must receive training proven that training received by a pilot in a Level C simulator for SIC’s in each operator’s program. who has already served as SIC on a large upgrading to PIC in the same Similarly, the FAA proposed to revise jet aircraft provides an equivalent equipment. For example, a pilot serving the section entitled ‘‘Phase II, Training transfer of learning. as SIC in a Boeing 727 upgrading to PIC and Checking Permitted’’ in appendix H ALPA was opposed to the proposal in the same airplane would have to meet to provide that pilots seeking to upgrade indicating that it only addresses the the requirements of this paragraph. to pilot in command (PIC) do not have issue of airplane knowledge and Under new paragraph 2, as proposed, to have obtained the prerequisite SIC qualification but not familiarity with these requirements would not change. experience ‘‘with the operator,’’ nor company policies and operating The pilot would still have to have have served or be serving as SIC ‘‘with procedures. previously qualified as SIC in the that operator.’’ Again, the FAA believes FAA response: the FAA has carefully equipment, be currently serving as SIC that the level of experience required by reviewed commenters’ opinions in an airplane in the same group, and an approved training program, in concerning its proposal to amend the 1- have at least 500 hours of actual flight addition to the training prerequisites for year employment requirement for time as SIC in an airplane in the same these individuals in appendix H and instructors and check airmen in part group. These requirements are elsewhere under the Federal Aviation 121, appendix H and in certain consistent with the definition of Regulations, establishes an adequate exemptions. The commenters generally upgrade training under Subpart N— level of preparation regardless of concurred that safety considerations Training Program. Section 121.400(c)(3) employment with any specific operator. should not be based on employment defines ‘‘upgrade training’’ as the Commenters generally supported the status but rather on prior in-flight training required for crewmembers who FAA’s proposal to remove certain experience in the group of airplanes in have qualified and served as SIC or employment restrictions. However, ATA which the pilot is instructing or flight engineer on a particular airplane suggested deleting paragraph 3 of the checking. By amending the employment type, before they serve as PIC or SIC, Advanced Simulation Plan entirely or, if provisions of appendix H, the FAA’s respectively, on that airplane. not possible, modifying paragraph 3 to intent is to honor all experience gained The requirements of current make clear that anyone who has 1 year as an instructor or evaluator in group. paragraph 2(b) must be read in of experience—namely with the This would include experience under conjunction with the final paragraph in 30730 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations the section to determine that it applies FAA Response: The FAA does not in a future rulemaking. These comments to initial training and checking for SIC’s agree that removing the requirement in are discussed below. upgrading to PIC in an airplane type in proposed paragraph 3(c) for a PIC initial ATA proposed that the FAA eliminate which the pilot has never served as SIC. applicant to have ‘‘served as SIC on at the requirement for an SIC to have 500 This SIC has experience in the same least two airplanes of the same group’’ flight hours in an airplane in the same group of airplanes, but not in the same will yield an adequate level of safety. group and reduce from 2500 to 500 the airplane to which the pilot wants to Removing this paragraph would allow number of flight hours required for upgrade. For example, a pilot serving as an SIC flying hour credits outside of initial upgrade training and checking. an SIC in a Boeing 737 initially part 121 operations. ATA recommended that the 500-hour upgrading to PIC in a Boeing 727 must American’s comment that additional requirement apply to any pilot initially meet the requirements of this paragraph. language be added to allow PIC’s to seek upgrading to PIC regardless of whether New paragraph 3, as proposed, would an additional type rating on an ATP the qualification was based on the use not change this requirement, but would within the same group without meeting of a Level C simulator. If this is not make it easier for the reader to see that flying time experience requirements done, the perception will remain, it applies to initial training and may have merit. Although it would be according to ATA, that training and checking. The pilot would still have to beyond the scope of the proposal to add checking in a Level C simulator is be employed by an operator, be a new paragraph 5, as American inferior to other methods of pilot currently serving as SIC in an airplane proposes, the FAA believes that the new qualification. in the same group, have served as SIC PIC upgrade language as adopted in FedEx concurred with ATA. on at least two airplanes of the same paragraph 2 responds directly to this United commented that there need be group, and have a minimum of 2500 concern. no prerequisites for SIC or PIC training flight hours as SIC in airplanes in the or checking in Level C simulators, either Modifying Current Minimum Flight- same group. Because proposed new initial, upgrade, transition, or recurrent Hour Experience Requirements paragraph 3 would refer to ‘‘initial’’ in an airline training program. training, the language in the current last In crafting its proposal, the FAA American indicated that it is has paragraph is no longer needed to contemplated whether to propose successfully exercised an ATA explain that pilots meeting these revising certain flight-hour experience exemption provision which allows the requirements may upgrade to another requirements for initial and upgrade upgrading PIC, who is previously airplane in that group in which that training and checking in a Level C qualified in the equipment, to train and pilot has not previously qualified. The simulator. Currently, pilots upgrading check in a Level C simulator. Under this requirements in new paragraph 3 from SIC to PIC in equipment in which exemption there is no requirement for continue to be consistent with they have previously qualified as SIC the SIC to possess 500 hours flying time § 121.400(c)(1), which defines ‘‘initial are required to have at least 500 hours with the operator as an SIC. Further this training’’ as the training required for of actual flight time while serving as SIC exemption allows the initial PIC crewmembers and dispatchers who have in an airplane in the same group. candidate, not previously qualified in not qualified and served in the same Similarly, pilots who are initially the equipment, to possess only 500 capacity on another airplane of the same upgrading from SIC to PIC in other hours flying time with the operator as group. equipment in which the pilot has not an SIC instead of 2500 hours in two different airplanes of the same group. The FAA received two comments on been previously qualified, must have a ALPA did not agree with the current its proposed clarifications to initial and minimum of 2500 hours as SIC in regulations that allow a pilot to receive upgrade training requirements for SICs airplanes of the same group as the initial training exclusively in a Level D under paragraphs (2) and (3) of the equipment to which they are upgrading. simulator without experience section entitled ‘‘Level C, Training and The flight hour experience prerequisites. According to ALPA, with Checking Permitted.’’ (Comments requirements ensure that a pilot has the possibility of low-time pilots and ab received on current flight-hour adequate experience in order to upgrade initio candidates being placed in large requirements are discussed below under to PIC. These values were established, aircraft in the near future, training needs ‘‘Modifying Current Flight-Hour based on the collective opinions of the to be enhanced, and not reduced in Requirements.’’) FAA and industry members, when quality. ATA requested that paragraph 2(c) be appendix H was originally adopted. FAA Response: The FAA appreciates reworded as follows: ‘‘Is currently Since then, industry members have the invited comments on reducing serving as second in command in an argued that the required hours are current minimum flight-hour airplane in the same group as the type excessive. Based on the success of some requirements. airplane to which the pilot is industry members who have operated upgrading.’’ It further requested that under exemptions that provided certain Standardizing Language and proposed paragraph 3(c), which would relief of these flight-hour requirements Eliminating Obsolete References require a pilot to have served as SIC on and other specific requirements for As discussed above, the term ‘‘phase’’ at least two airplanes of the same group, upgrade training under Subpart N, the is no longer used to describe the various be deleted. FAA indicated in the NPRM preamble simulators referred to in Appendix H. American concurred with ATA’s that it may propose, at some future date, Accordingly, the FAA proposed to requested modification of paragraph 2(c) to eliminate the 500 flight-hour replace ‘‘phase’’ with ‘‘level’’ wherever and ATA’s suggestion to delete requirement and reduce from 2500 to it appears and to use the current proposed paragraph 3(c). American 500 the number of flight hours required alphabetical designations for the various further proposed, however, adding a for initial upgrade training and levels. new paragraph 5 to address PIC’s checking. In addition, the FAA proposed to seeking an additional type rating on an In its preamble, the FAA requested remove the section entitled ‘‘Phase IIA ATP within the same group without comments and additional information Interim Simulator Upgrade Plan for part meeting flying time experience that may justify proposing to modify 121 Operators’’ as obsolete. For the requirements. these current flight hour requirements same reason, it proposed to remove Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30731 paragraph 7 of the section entitled not address proposals that have been million, in 1992 dollars, over the next ‘‘Advanced Simulation Training published for public comment and are 10 years (or $13.3 million, discounted, Program’’ which references Phase IIA. therefore outside the scope of the using a 7.0 percent rate of interest). Under Phase IIA, any part 121 operator proposal. These potential cost savings benefits could conduct Phase II training for 3 In addition, ATA commented that the take the form of increased operational and 1⁄2 years from the date it was comment period should have been efficiency (qualitative) and cost savings approved for Phase I in a simulator longer than 30 days to allow for more (quantitative) to those part 121 operators approved for the landing maneuver precise comments and economic engaged in initial simulator training, in under Phase I. The carrier’s upgrade analysis. accordance with appendix H. plan had to be submitted to the FAA FAA Response: In allotting the 30-day The potential cost savings benefits of before July 30, 1981. Thus, these comment period, the FAA was the rule represent the difference provisions are no longer effective. responding to the large number of between the costs incurred currently by United supported changing the requests for relief from the aviation part 121 air carriers for initial training terminology and also deleting all industry. The FAA considered it to be and checking of SIC pilots and the costs reference to ‘‘Phase IIA.’’ According to in the best interest of safety and the that incurred from the proposal United, these changes certainly are public to expedite the regulation by becoming a rule. Currently, certain appropriate and are supported. every means possible. The FAA did not requirements for initial training and The proposed removal of the obsolete violate any requirements of the checking of SIC pilots that are not sections is adopted as proposed. Administrative Procedures Act, which performed in a Level D simulator must Additional Comments does not require specific comment be performed in the aircraft. Under the periods for rulemaking. rule, those requirements that are The FAA received some comments performed in the aircraft in lieu of a that are general in nature and that do Regulatory Analysis Level D simulator can be performed in not specifically reference the proposed Executive Order 12866 established the a Level C simulator. The costs of amendments. requirement that, within the extent operating the aircraft for those For example, United proposed permitted by law, a Federal regulatory requirements above the costs of deleting the word ‘‘Plan’’ from the title action may be undertaken only if the operating the less expensive simulator of appendix H since it is no longer, and potential benefits to society for the for those same requirements is the has not been for many years, a plan. regulation outweigh the potential costs estimated benefit of this rule. Simuflite recommended that it would to society. In response to this In an effort to derive a cost-relief seem reasonable to place simulator and requirement, and in accordance with estimate associated with this rule, training device requirements in a Department of Transportation policies several part 121 air carriers were separate regulatory structure, since it is and procedures, the FAA has estimated contacted. These air carriers provided clear that all segments of the aviation the anticipated benefits and costs of this the agency with estimated aircraft training industry may exercise the rulemaking action. operating costs per hour, the time permitted simulation training and The FAA has determined that this needed to train and check pilots for checking. Simulator standards should rule is not a ‘‘significant rulemaking those requirements that, under the stand alone in a rule addressing the use action’’, as defined by Executive Order present rule, cannot be performed in a of simulation equipment as appropriate 12866 (Regulatory Planning and Level C simulator, and the number of to operations conducted under those Review). The anticipated costs and pilots that it expects to train in the next rules. The proposed changes should be benefits associated with this rule are 10 years. expanded to clarify that the same summarized below. (A more detailed training and checking authority in Level discussion of costs and benefits is Potential Operational Efficiency C simulators be extended to those part contained in the full regulatory Benefits 135 operators who will not be required evaluation placed in the docket for this The potential benefits of the rule to comply with subparts N and O of part rule.) would be generated in the form of 121. increased operational efficiency. In the ALPA would like to see an additional Costs full regulatory evaluation placed in the simulator category, perhaps Level E, The rule does not impose any docket, these potential efficiency which would be a Level D with all additional costs on either part 121 air benefits are presented qualitatively. aircraft devices such as Traffic Collision carrier operators or the flying public. These benefits are difficult to estimate Avoidance System, weather radar, The rule allows certain training quantitatively due, at present, to the Global Positioning Warning System, practices that the FAA has determined lack of available cost information. terrain presentations, and more realistic to be safe and efficient methods for air traffic control communications. This training pilots, and it clarifies other Regulatory Flexibility Determination would add an additional level of reality portions of appendix H. Thus, the rule The Regulatory Flexibility Act of 1980 to pilot training. does not impose any additional costs (RFA) was enacted by Congress to FAA response: The FAA appreciates because it permits operators to use the ensure that small entities are not all of above comments and believes that least costly methods of training while unnecessarily and disproportionately they may have merit. In particular, the maintaining an equivalent level of safety burdened by government regulations. FAA agrees that there is room for for the flying public. Since current The RFA requires government agencies upgrading simulation standards to training practices could be maintained to determine whether rules will have ‘‘a include special equipment operations to current standards under the rule, significant economic impact on a such as weather radar and TCAS there is no reduction in aviation safety substantial number of small entities’’ (integrated where appropriate), and imposed on the flying public. and, in cases where they will, conduct realistic air-to-ground communications a Regulatory Flexibility Analysis. (ATC, Weather, Company, etc.). These Potential Cost-Relief Benefits According to FAA Order 2100.14A comments cannot be incorporated into The rule generates potential cost (Regulatory Flexibility and Guidance), a this final rule, however, because they do savings benefits estimated at $21.6 substantial number of small entities is 30732 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations defined as a number which is not less comments indicating any differences Appendix H is amended by removing than eleven and which is more than that this rule will present. paragraph 7 and revising paragraph 3 to one-third of the small entities subject to read as follows: Paperwork Reduction Act a proposed or existing rule. A Appendix H to Part 121—Advanced significant economic impact on a small This rule contains no information entity is an annualized net compliance collection requests requiring approval of Simulation Plan cost which, when adjusted for inflation, the Office of Management and Budget * * * * * pursuant to the Paperwork Reduction equals or exceeds the significant cost Advanced Simulation Training Program threshold for the entity type under Act of 1995 (44 U.S.C. 3507 (d)). * * * * * review. Conclusion The entities that potentially would be 3. Documentation that each instructor and affected by the rule are small part 121 For the reasons discussed in the check airman has served for at least 1 year preamble, and based on the findings in in that capacity in a certificate holder’s operators that own, but do not approved program or has served for at least the Regulatory Flexibility Determination necessarily operate, nine or fewer 1 year as a pilot in command or second in aircraft. As discussed in the cost section and the International Trade Impact command in an airplane of the group in of this evaluation summary, the rule Analysis, the FAA has determined that which that pilot is instructing or checking. would not impose any costs on these this regulation is not significant under * * * * * operators because it is cost-relieving in Executive Order 12866. In addition, it is nature. Therefore, the rule would not certified that this rule will not have a 4. Appendix H, ‘‘Phase II, Training impose a significant economic impact significant economic impact, positive or and Checking Permitted’’ is amended by on a substantial number of small aircraft negative, on a substantial number of revising the title and paragraph 2 and by operators. small entities under the criteria of the adding paragraphs 3 and 4 as follows: Regulatory Flexibility Act. This rule is Level C International Trade Impact Assessment not considered significant under DOT Training and Checking Permitted The rule would have little, if any, Regulatory Policies and Procedures (44 impact on the competitive posture of FR 11034, February 26, 1979). 1. * * * either U.S. carriers doing business in 2. Upgrade to pilot-in-command training List of Subjects in 14 CFR Part 121 and the certification check when the pilot— foreign countries or foreign carriers a. Has previously qualified as second in doing business in the United States. Air carriers, Aircraft, Federal Aviation command in the equipment to which the This assessment is based on the fact that Administration. pilot is upgrading; the rule would not impose any cost on The Rule b. Has at least 500 hours of actual flight part 121 operators because it is cost- time while serving as second in command in relieving in nature. These operators do In consideration of the foregoing, the an airplane of the same group; and not compete directly with air carriers Federal Aviation Administration c. Is currently serving as second in engaged in foreign operations (part 129). amends 14 CFR part 121 as follows: command in an airplane in this same group. 3. Initial pilot-in-command training and Federalism Implications PART 121ÐOPERATING the certification check when the pilot— The regulations contained herein REQUIREMENTS: DOMESTIC, FLAG, a. Is currently serving as second in would not have substantial direct effects AND SUPPLEMENTAL OPERATIONS command in an airplane of the same group; b. Has a minimum of 2,500 flight hours as on the States, on the relationship 1. The authority citation for Part 121 second in command in an airplane of the between the national government and continues to read as follows: same group; and the States, or on the distribution of c. Has served as second in command on at power and responsibilities among the Authority: 49 U.S.C. 106(g), 40113, 40119, least two airplanes of the same group. various levels of government. Therefore, 44101, 44701–44702, 44705, 44709–44711, 4. For all second-in-command pilot in accordance with Executive Order 44713, 44716–44717, 44722, 44901, 44903– applicants who meet the aeronautical 44904, 44912, 46105. 12866, it is determined that this rule experience requirements of § 61.155 of this would not have federalism implications 2. Appendix H is amended by chapter in the airplane, the initial and requiring the preparation of a replacing the words ‘‘Phase I’’, ‘‘Phase upgrade training and checking required by Federalism Assessment. II’’, and ‘‘Phase III’’ with the words this part, and the certification check ‘‘Level B’’, ‘‘Level C’’, and ‘‘Level D’’ requirements of § 61.157 of this chapter. International Civil Aviation respectively, wherever they appear; by 5. Appendix H, ‘‘Phase IIA, Interim Organization and Joint Aviation replacing the words ‘‘Phase I, II, and III’’ Regulations Simulator Upgrade Plan for Part 121 with the words ‘‘Level B, C, and D,’’ Operators’’ is removed in its entirety. In keeping with U.S. obligations wherever they appear; by replacing the under the Convention on International words ‘‘Phase II or III’’ with the words Issued in Washington, DC., on May 30, Civil Aviation, it is FAA policy to ‘‘Level C or D’’, wherever they appear; 1996. comply with ICAO Standards and by replacing the words ‘‘Phase I, II, or David R. Hinson, Recommended Practices (SARP) to the III’’ with the words ‘‘Level B, C, or D’’. Administrator. maximum extent practicable. The FAA 3. The section entitled ‘‘Advanced [FR Doc. 96–14082 Filed 6–14–96; 8:45 am] is not aware of, and did not receive any Simulation Training Program’’ in BILLING CODE 4910±13±M federal register June 17,1996 Monday Final Rule Training andQualificationRequirements; Check AirmenandFlightInstructors, 14 CFRParts121and135 Federal AviationAdministration Transportation Department of Part IV 30733 30734 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Federal Aviation Administration, 800 simulators and flight training devices in Independence Avenue SW., lieu of aircraft has resulted in a Federal Aviation Administration Washington, DC 20519, Telephone (202) reduction in air traffic congestion, 267–3718. energy use, noise, air pollution and 14 CFR Parts 121 and 135 training costs. SUPPLEMENTARY INFORMATION: [Docket No. 28471; Amendment No. 121± Some experienced pilots who would 257, 135±64] Availability of Final Rules otherwise qualify as flight instructors or Any person may obtain a copy of this check airmen but who are not medically RIN 2120±AF08 eligible to hold the requisite medical final rule by submitting a request to the certificates, cannot perform check Training and Qualification Federal Aviation Administration, Office airmen functions or many flight Requirements for Check Airmen and of Rulemaking, ARM–1, 800 instructor functions even in simulators. Flight Instructors Independence Avenue, SW., Thus the regulations do not establish Washington, DC 20591, or by calling AGENCY: separate categories of requirements for Federal Aviation (202) 267–9677. Communications must check airmen who check only in flight Administration (FAA), DOT. identify the notice number of this final simulators or for flight instructors who ACTION: Final rule; opportunity for rule. instruct only in flight simulators. A comment. Persons interested in being placed on number of highly experienced airmen the mailing list for future rules should SUMMARY: Some experienced pilots who who might serve as flight instructors or request from the above office a copy of would otherwise qualify as flight check airmen, including former military Advisory Circular No. 11–2A which instructors or check airmen but who are pilots, former air carrier pilots, and describes the application procedure. not medically eligible to hold the furloughed pilots, as well as other requisite medical certificates, cannot Background experienced pilots, currently are unable to perform those training and checking perform flight instructor or check The requirements for training, functions because they are unable to airmen functions even in simulators. checking, and qualification of check This rule establishes separate hold an airman medical certificate. airmen and flight instructors who This rule allows experienced check requirements for check airmen who perform training and checking for check only in flight simulators and airmen and flight instructors who are certificate holders operating under Title not able to hold a current medical flight instructors who instruct only in 14 of the Code of Federal Regulations flight simulators. To ensure an certificate to check or instruct in flight parts 121 and 135 appear in §§ 121.411 simulators and flight training devices. equivalent level of safety, the affected and 135.337 (check airman and flight check airmen and flight instructors must Under this rule, affected check airmen instructor qualification) and §§ 121.413 and flight instructors must meet similar accomplish the following: Recency of and 135.339 (check airman and flight experience requirements; completion of requirements that a pilot flying the line instructor training and checking). is required to meet, such as initial an approved line observation program When parts 121 and 135 were within each 12-month period; and training, proficiency checks, and implemented, the primary means of competency checks and could use flight required training, including recurrent training was in an aircraft. Therefore ground and flight training. Additionally, simulators to meet these similar there was a requirement for check requirements. This rule also addresses this rule allows check airman and flight airmen and flight instructors to hold instructors to obtain all of their flight check airmen in aircraft, check airmen appropriate medical certificates. Even in flight simulators or flight training training in simulators, as opposed to the after flight simulators came into use in current scheme in which initial and devices, flight instructors in aircraft, the late 1970s, check airmen and flight and flight instructors in flight transition flight training must include instructors were likely to use both an in-flight element. simulators or flight training devices. aircraft and flight simulators. Despite The Air Carrier Training Working EFFECTIVE DATE: This final rule is significant changes in methods of effective June 17, 1996. See below in the Group of the Aviation Rulemaking training, particularly an increased use of Advisory Committee (ARAC) ‘‘Modifications’’ section for the flight simulation in training, the justification for making this rule recommended that the FAA amend its sections of parts 121 and 135 mentioned regulations so that airmen who were not effective on June 17, 1996 and for a above have not been significantly discussion about 9-month compliance eligible to hold medical certificates revised in over 20 years. These sections would nonetheless be eligible to instruct dates for two new requirements. still focus primarily on check airmen Affected parties do not have to comply or check pilots and other airmen in and flight instructors who perform their simulators. On July 16, 1992, ARAC with the information collection functions in airplanes. requirements in §§ 121.411(d), forwarded draft rule language for the Today, flight simulators and flight FAA to review. The FAA used ARAC’s 121.412(d), 135.337 (d), and 135.338(d) training devices are so sophisticated until the Federal Aviation draft as the basis for developing this that they are used to conduct most rule. Administration publishes in the Federal training and checking with significant Register the control number assigned by benefits to safety. Training and checking Discussion of the Rule the Office of Management and Budget in simulators and flight training devices This rule revises the following (OBM) to these information collection have distinct advantages over training sections of parts 121 and 135: requirements. Publication of the control and checking in flight. Flight simulators §§ 121.411, 121.413, 135.337, and number notifies the public that OMB provide a safe flight training 135.339; it adds the following four new has approved these information environment, more comprehensive sections: §§ 121.412, 121.414, 135.338, requirements under the Paperwork training, and may reduce the number of and 135.340. Reduction Act of 1995. training and in-service accidents by The most significant changes between FOR FURTHER INFORMATION CONTACT: allowing training for emergency the current and new rules are as follows: Tom Toula, Air Carrier Training Branch, situations that cannot be safely (1) The categories of check airman (AFS–210), Flight Standards Service, conducted in flight. The use of flight (simulator) and flight instructor Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30735

(simulator) are defined with separate airmen/instructor abilities once every 2 recency provision is added to ensure requirements for each. years, complete the required recurrent equivalent recency of experience for (2) The following requirements for training necessary to serve as a pilot-in- those check airmen who may not be flights instructors and check airmen command under parts 121 and 135 or a flying line operations. who only perform check airmen and flight engineer or flight navigator under New paragraph (c) of § 121.411 instructor functions in flight simulators part 121, and complete required establishes the eligibility requirements and flight training devices are deleted: proficiency or competency checks. A for check airmen (simulator). These • The requirement to hold at least a detailed section-by-section description requirements are the same as those for Class III medical certificate, in current of the rule follows. check airmen (airplane) in paragraph (b) § 121.411(a)(6). with two exceptions. There is no • The requirement to hold a Class I, Section-by-Section Analysis requirement to hold a Class III medical II, or III medical certificate, in current Section 121.411 Qualifications: Check certificate and the recency of experience § 135.337(a). airmen (airplane) and check airmen requirements of § 121.411(b)(6) are not (3) A flight instructor (simulator) or (simulator). required of part 121 check airmen check airman (simulator) is required to (simulator). Check airmen (simulator) meet recency of experience Current § 121.411(a)(1) requires that a instead are allowed to meet proposed requirements, in the 12-month period flight instructor or check airman who recency of experience requirements in preceding the performance of flight serves in a training program under part new paragraph (f), discussed later in instruction or check airman functions, 121, for the particular airplane type this section. Because check airmen by flying two flight segments as a involved, hold the airman certificates (airplane) are able to perform their required crewmember for the type and ratings that must be held in order functions in an airplane as a required aircraft involved, if medically qualified to serve as a pilot in command (PIC), a flightcrew member, they may meet and certificated, or by completing an flight engineer, or a flight navigator, as recency of experience requirements approved line-observation program. appropriate, in operations under part either in an airplane or in a qualified (4) Training requirements for check 121. Current § 121.411 (a)(6) requires simulator. In addition, current airmen and flight instructors who serve that a check airman or flight instructor § 121.411(c), which grants training relief in training programs under parts 121 who serves in a training program under to check airmen, flight instructors, and and 135 are in §§ 121.413, 121.414, part 121 must hold at least a Class III simulator instructors who were 135.339, and 135.340. This rule changes medical certificate. Under current designated before December 22, 1969, is these requirements in the following § 121.411(b)(1) a simulator instructor, deleted since the FAA believes that this ways: instructing for a course of training in an provision is obsolete. • A new requirement is imposed for airplace simulator as provided in New paragraph (d) is added to clarify check airmen and flight instructors in § 121.409(b), must hold an airline that the completion of the requirements that they must satisfactorily complete, transport pilot (ATP) certificate but of (b)(2),(3), and (4) or (c)(2),(3), and (4), within the preceding 24 calendar need not hold an airman medical whichever is applicable, must be months, an observation check of their certificate if only giving proficiency entered into the operator’s records for check airman or flight instructor checks as specified in § 121.441 and each individual check airman. functions. This check may be § 121.409(b). Under the current rules, if New paragraph (e) is added to restate accomplished in a flight simulator or in a simulator instructor is providing the portion of current § 121.411(a)(6) a flight training device as appropriate. instruction for anything other than a allowing airmen who have passed their • Flight instructors are required to proficiency check (e.g., upgrade 60th birthday or who do not hold a have much of the same ground training training), then he or she must have a medical certificate to perform check requirements as check airmen. As a medical certificate. (See current airmen functions, but, under this practical matter, ground training for § 121.411(a).) paragraph, these airmen may not serve flight instructors and check airmen are Section 121.411 is revised to change as crewmembers under part 121 the same; however, the current rules are the applicability from check airmen and operations. not specific in this area. This change flight instructors to check airmen New paragraph (f) is added to offer an ensures that flight instructors and check (airplane) and check airmen (simulator). alternate method for maintaining airmen receive the same ground Flight instructors are covered under recency of experience requirements for training. new § 121.412. New paragraph (a) of check airmen (simulator). Under this • Currently, initial and transitional § 121.411 states that a check airman rule, check airmen (simulator) must, flight training for check airmen and (airplane) is a person who is qualified within the 12-month period preceding flight instructors who perform their and permitted to conduct flight checks the performance of check airman duties, functions in-flight requires in-flight and instruction in an airplane, in a either fly two segments as a required training and practice. This rule allows flight simulator, or in a flight training crewmember for the type airplane or this training to take place in simulators device for a particular type airplane. A satisfactorily complete an approved or in flight training devices. check airman (simulator) is a person line-observation program. These changes allow certain who is qualified to conduct flight New paragraph (g) is added to provide experienced pilots who are unable to checks only in a flight simulator or in that the recency of experience meet current medical certificate a flight training device for a particular requirements of paragraph (f) may be requirements to be able to check and type aircraft. completed in the calendar month before instruct, but only in flight simulator and New paragraph (b) contains the or the calendar month after the month flight training devices. To allow this eligibility requirements to serve as a in which it is due. flexibility while maintaining safety, this check airman (airplane). With some rule requires flight instructors editorial revisions and an additional Section 121.412 Qualifications: Flight (simulator) and check airmen requirement to satisfy the recency of instructors (airplane) and flight (simulator) to meet recency of experience requirement of § 121.439, the instructors (simulator). experience requirements, take eligibility requirements remain the same The requirements for this section are observation checks of their check as the current requirements. The virtually identical to those in § 121.411 30736 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations for check airmen. Additionally, this Paragraph (f) is added to allow all the Section 135.337 Qualifications: Check section specifies that an individual who flight training provisions of paragraph airmen (aircraft) and check airmen does not hold a medical certificate may (e) to be accomplished in full or in part (simulator) not function as a flight instructor in an in flight, in flight simulators, or flight Section 135.337(a)(1) currently airplane. training devices as appropriate. Because requires that a flight instructor or check Section 121.413 Initial and transition of technological advances in simulation, airman serving in a training program training and checking requirements: the FAA believes that the requirements under part 135, for the particular aircraft Check airmen (airplane) and check in current § 121.413(c)(1) may be type involved, must hold the airman airmen (simulator) conducted in a simulator. Current certificate and ratings that must be held paragraph (c) allows the initial and to serve as a PIC in operations under Paragraph (a)(1) maintains the current transition flight training in safety part 135. Section 135.337(a)(5) currently requirement that, in order to serve as a measures for emergency situations requires that such a flight instructor or check airman, a person must have (current paragraph (c)(2)) and the results check airman hold a Class I or Class II completed initial or transition check medical certificate required to serve as airman training. Additionally, of improper or untimely safety measures (current paragraph (c)(3)) to be a PIC in operations under part 135. paragraph (a)(2) requires an observation Under current § 135.337(a)(7), a check check of check airman functions within accomplished in an approved flight simulator, but requires the training airman who serves in an aircraft the preceding 24 calendar months. The simulator only must hold a Class III observation check may be done in part requirements of current paragraph (c)(1) to be conducted in flight. In the new medical certificate. Section 135.337(b) or in full in an airplane, in a flight currently requires that a person who simulator, or in a flight training device rule, the requirements of current paragraph (c)(1) are to be codified in serves as a simulator instructor for a as appropriate. An FAA inspector or an course of training in an aircraft § 121.413(e)(3); however, under new aircrew designated examiner employed simulator must hold at least a paragraph (f), those requirements need by the operator may administer this commercial pilot certificate. observation check. The FAA believes not be accomplished in flight. Those This rule changes the applicability of that the observation check requirement requirements can be accomplished in this section from check airmen and better ensures that check airmen flight, in a flight simulator, or in a flight flight instructors to check airmen maintain their qualifications and their training device. The FAA believes that (aircraft) and check airmen (simulator). abilities to perform all other duties as this is appropriate because of the proven Flight instructors are covered under appropriate for check airmen. effectiveness of flight simulator training. new § 135.338. Paragraph (a) of In paragraph (b) the observation check Flight training devices can be used to § 135.337 states that a check airman requirement of paragraph (a)(2) could be fulfill the training requirements for the (aircraft) is a person who is qualified accomplished in the month before or the same reasons. and permitted to conduct flight checks month after the month in which it is Paragraph (g) is added to establish and instruction in an airplane, in a due. initial and transition flight training for flight simulator, or in a flight training Paragraph (c) of this section covers device for a particular type, class, or initial ground training requirements for check airmen (simulator). The requirements include training and category aircraft. A check airman check airmen. Most of the requirements (simulator) is qualified to conduct flight are in current paragraphs (a)(1) through practice in the required normal, abnormal, and emergency procedures checks only in a flight simulator or in (a)(6) of § 121.413; however, some a flight training device for a particular and training in the operation of flight editorial revisions have been made. type, class, or category aircraft. Paragraph (d) covers transition ground simulators or flight training devices. Paragraph (b) contains the eligibility training for check airmen. This Under this paragraph, the training may requirements to serve as a check airman paragraph separates transition ground be conducted in flight training devices (aircraft). With some editorial revisions training requirements from initial or flight simulators as appropriate. The and an additional requirement to satisfy ground training requirements, but requirements are necessary to establish the recency of experience requirement imposes no new requirements since flight training requirements specifically of § 135.247, the eligibility requirements transition and ground training are for check airmen (simulator) who are remain the same as current currently required in § 121.413 (a)(6). qualified to conduct flight checks or requirements. The recency provision is Paragraph (e) is added to cover initial instruction only in a flight simulator or added to ensure equivalent recency of and transition flight training for pilot in a flight training device. experience for those check airmen who check airmen (airplane), flight engineer may not be flying line operations. Section 121.414 Initial and transition check airmen (airplane), and flight Paragraph (c) of § 135.337 is added to navigator check airmen (airplane). training and checking requirements: establish the eligibility requirements for Paragraph (e) contains requirements Flight instructors (airplane) and flight check airmen (simulator). These equivalent to those contained in current instructors (simulator) requirements are the same as those for § 121.413(c) and (d), but places greater The requirements for this section are check airmen (aircraft) paragraph (b) emphasis on the safety issues required identical to the provisions in § 121.413 with two exceptions. There is no during checking that takes place under requirement to hold a medical except that the terms and references actual flight. Additionally, it broadens certificate and the recency of experience apply to flight instructors. The required the scope of current § 121.413(c) to requirements of new § 135.337(b)(3) are observation check is an observation include flight engineers (airplane) and not required of part 135 check airmen flight navigators (airplane). The FAA check of instructor functions, and (simulator). Check airmen (simulator) believes that the flight engineer includes the current requirement for instead are allowed to meet the recency (airplane) and flight navigator (airplane) training in teaching methods and of experience requirements of paragraph safety functions are as important to the procedures except for the holders of a (f), discussed later in this section. safe conduct of a flight as that of the flight instructor certificate. Paragraph (d) is added to clarify that check airman (airplane). the completion of the requirements of Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30737

(b)(2), (3), and (4) or (c)(2), (3), (4), check airmen. Most of the requirements Section 135.340 Initial and transition whichever is applicable, must be are in current paragraphs (a)(1) through training and checking requirements: entered into the individual check (a)(6) of § 135.339. Some editorial Flight instructors (aircraft) and flight airmen’s training record. revisions are made in this rule. instructors (simulator). Paragraph (e) is added to clarify that Paragraph (d) is added to cover The requirements of this section are an airmen who does not hold a medical transition ground training for check identical to the provisions of § 135.339 certificate may perform check airmen airmen. This paragraph separates except that the terms and references functions, but may not serve as a transition ground training requirements apply to flight instructors. The required crewmember under part 135 operations. from initial ground training Paragraph (f) is added to offer an requirements, but imposes no new observation check is an observation alternate method for maintaining requirements since transition and check of instructor functions, and recency of experience requirements for ground training are currently required paragraph (c)(7) is added to include the check airmen (simulator). Check airmen in § 135.339(a)(6). current requirement for training in (simulator) must, within the 12-month Paragraph (e) is added to cover initial teaching methods and procedures period preceding the performance of and transition flight training for pilot except for the holders of a flight check airman duties, either fly two check airmen (aircraft). Paragraph (e) instructor certificate. segments as a required crewmember for contains requirements equivalent to Discussion of Comments the type, class, or category aircraft or those contained in current § 135.339(c), On February 22, 1996, the FAA satisfactorily complete an approved but places greater emphasis on the published notice proposing to allow line-observation program. safety issues required during checking experienced check airmen and flight Paragraph (g) is added to provide that that would take place under actual instructors who are not able to hold a the recency of experience requirements flight. current medical certificate to check or of paragraph (f) may be completed in the Paragraph (f) is added to allow all the instruct in flight simulators and flight calendar month before or in the flight training provisions of paragraph training devices (61 FR 6903). Eleven calendar month after the month in (e) to be accomplished in full or in part commenters responded to the proposal. which it is due. in flight, in flight simulators, or in flight training devices as appropriate. This Commenters from FlightSafety Section 135.338 Qualifications: Flight makes the requirements in current International, the National Air instructors (aircraft) and flight § 135.339(c)(1) less burdensome. Transportation Association, Executive instructors (simulator) Current § 135.339(c) allows the initial Air Fleet, Inc., Million Air, and The requirements for this section are and transition flight training in safety McDonnell Douglas support this final virtually identical to those in § 135.337 measures for emergency situations rule. Commenters from Petroleum for check airmen. Additionally, this (current paragraph (c)(2)) and the results Helicopters, Inc., (PHI), the Allied Pilots section clarifies that an individual who of improper or untimely safety measures Association (APA), the Air Line Pilots does not hold a medical certificate may (current paragraph (c)(3)) to be Association (ALPA), the Air Transport not function as a flight instructor in an accomplished in an approved flight Association (ATA), Federal Express aircraft. simulator, but requires the training (FedEx), and Kitty Hawk AirCargo, Inc., requirements of (c)(1) to be conducted (KHAI) made several recommendations, Section 135.339 Initial and transition in flight. In the new rule, the discussed and responded to below. training and checking requirements: requirements of current (c)(1) are to be PHI Check airmen (aircraft) and check codified in § 135.339(e); however, under airmen (simulator) new paragraph (f), those requirements PHI states that it generally supports Paragraph (a)(1) continues the current need not be accomplished in flight. the proposal to change § 135.339(a)(2) to requirement that, in order to serve as a Those requirements can be require an observation check of check check airman, a person must have accomplished in flight, in a flight airmen functions within the preceding completed initial or transition check simulator, or in a flight training device. 24 calendar months. However, it airman training. Additionally, The FAA believes that this is requests that a statement be added to the paragraph (a)(2) requires an observation appropriate because of the proven rule language that would further clarify check of check airman functions within effectiveness of flight simulator training. who may conduct this observation the preceding 24 calendar months. The Flight training devices also can be used check other than an FAA inspector. It observation check may be done in part to fulfill the training requirements for suggests that this check should be or in full in an airplane, flight simulator, the same reasons. allowed to be conducted by other or flight training device as appropriate. Paragraph (g) is added to establish ‘‘designated check airmen.’’ An FAA inspector or an aircrew initial and transition flight training for PHI also generally supports proposed designated examiner employed by the check airmen (simulator). The § 135.340 which requires flight operator may administer the observation requirements include training and instructors to have the same training as check. The FAA believes that the practice in the required normal, check airmen. It suggests adding observation check requirement better abnormal, and emergency procedures language to the rule, however, to enable ensures that check airmen maintain and training in the operation of flight operators to designate limited instructor their qualifications and their abilities to simulators or flight training devices. capability for the purpose of training perform all other duties as appropriate Under this paragraph, the training may specific modules, for example, for check airmen. be conducted in flight training devices navigation equipment, air data In paragraph (b) the observation check or flight simulators as appropriate. The computers, or other specialized requirement of paragraph (a)(2) may be requirements are necessary to establish equipment or operations. accomplished in the month before or the flight training requirements specifically FAA Response: The FAA agrees, in month after the month in which it is for check airmen (simulator) who are part, with PHI’s comment regarding due. qualified to conduct flight checks or clarification of who, other than an FAA Paragraph (c) of this section covers instruction only in a flight simulator or inspector, may conduct an observation initial ground training requirements for in a flight training device. check. To clarify this matter, the FAA 30738 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations has changed ‘‘aircrew designated approved line-observation program; requirements, both initial and recurrent, examiner’’ to ‘‘aircrew designated maintain recency of experience in the can be met in an appropriately qualified examiner employed by the operator’’ simulator; and accomplish the normal simulator. under §§ 121.413(a)(2) and recurring training, line-oriented flight APA also proposes that the new 135.339(a)(2). This clarifies that such training program, and periodic requirement for check airmen and flight examiners are associated with a proficiency checks required of a line- instructors to complete an observation particular operator. The FAA does not qualified PIC. These requirements are check of their performance functions recognize the term ‘‘designated check similar to those that line-qualified PIC’s within the preceding 24 months should airmen’’ as suggested by the commenter. must meet. The FAA has determined be increased in frequency to within the The FAA does not agree that check that certain simulators (Levels C and D) preceding 12 months. Flightcrew airmen should conduct observation are so advanced that experience gained members are being evaluated at a checks of other check airmen. The FAA using these simulators, coupled with the minimum of at least every 12 months. has determined that such authority line observation (e.g. § 121.411(f)), ALPA echoes APA on this matter. In should be exercised only by FAA recurrency requirements (e.g., line with the ‘‘one level of safety’’ inspectors or an FAA designated § 121.411(c)(2)) and (3)), and concept, according to APA, the rule aircrew examiner employed by the observation check (e.g., § 121.413(a)(2)) ultimately adopted should be identical operator. are adequate substitutes for actual flight for both part 121 and part 135 operators. In reference to PHI’s comment experience in order to be check airmen. FAA Response: The evaluation regarding proposed § 135.340, this rule Further, the airman checked by the timeframe for check airmen and flight was not intended to create limited check airman (simulator) must instructors will not be less than that categories of instructors. To create accomplish operational experience (e.g., required for the individuals they will categories of instructors with limited § 121.434 (c)(1)(i) and (ii)) under the check or instruct. Check airmen and authority is beyond the scope of the supervision of a fully qualified PIC flight instructors continue to be required NPRM. check airman (airplane) occupying a to complete appropriate proficiency and competency checks at least once every APA pilot station. Thus, even a check airman (simulator’s) approval of an airman is 12 months. The new requirement that APA’s comments are described as indirectly reviewed by a check airman check airmen and flight instructors be follows: (airplane) during the acquisition of observed in the performance of their The proposal does not address any operating experience. functions will serve to increase the experience requirements other than the APA also comments that, while the quality assurance of check airmen and requirement to hold the appropriate preamble indicates that the recency of flight instructors. airmen certificates and ratings that are experience requirements for check ALPA required to serve as PIC for the type airmen (simulator) and flight instructor aircraft involved. Check airmen under (simulator) can be met by flying two As discussed above, ALPA agrees the current regulations are usually flight segments as a required with APA that the observation checks operationally experienced line pilots crewmember for the aircraft type proposed under §§ 121.413(a)(2) and who bring extensive line flying involved, the proposed rule language of 121.414(a)(2) should be conducted background to the training environment. §§ 121.411(f) and 135.337(f) states that within 12, rather than 24, months. Under the proposed rule, any individual the recency of experience flying ALPA and APA further agree that with the proposed airmen certificates requirements of two flight segments can 121.411(f), as proposed, would require and ratings, with some classroom and be accomplished in a simulator. APA the accomplishment of flying or line simulator training, could be a believes that recency of experience observation in a flight simulator. The designated check airman. In today’s cost requirements can be met only by FAA has responded to these comments conscious training environment, with operational line flying. The above under the discussion of APA’s extensive use of single visit training requirements for these flights should comments. cycles, the need to use operationally include participation/observation in all In addition, ALPA feels that line experienced individuals as check aspects of the flight, including flight observation should be required in the airmen is essential to maintain an planning, preflight, and post flight airplane on a more frequent basis than effective training environment and functions. ALPA echoed APA’s proposed. According to ALPA, the operational evaluation standard. comment regarding § 121.411(f) and requirement in §§ 121.411(f) and Operational experience requirements FedEx commented that, if proposed 121.412(f) for 12 months should be should include a defined number of PIC §§ 121.411(f) and 121.412(f) are changed to 3 months. Lastly, ALPA hours in the type aircraft and regulatory adopted, then similar requirements in indicates that its comments regarding environment (i.e., part 121 or 135) appendix H should be deleted. the proposed part 121 sections are also involved and/or prior qualification as a FAA Response: The FAA has revised valid for the proposed part 135 sections. former military, air carrier, or the preamble and also proposed FAA Response: The FAA agrees that furloughed pilot. §§ 121.411(f), 121.412(f), 135.337(f), and any individual will maintain greater FAA Response: It is possible that, 135.338(f) to clarify that recency of line familiarity with more frequent line under this rule, any individual with experience requirements can be met observations. Current guidance airmen certificates and ratings, with the either in an airplane or in a simulator indicates that two line observations per appropriate classroom and simulator (that is, by accomplishing two flight year are adequate to maintain line training, could become a designated segments or an approved line- familiarity. There is no evidence that check airman. Check airmen (simulator), observation program). The FAA also has safety has been compromised using this however, must accomplish the revised all of these sections to clarify current guidance. The FAA believes that following: Complete the operator’s the time period in which these flight annual proficiency or competency course of instruction (initial, transition, segments or line-observation programs checks, and the new 24-month or upgrade, as appropriate) to include must be accomplished. For the reasons observation requirement coupled with the proficiency check using company stated in the FAA’s response to APA’s the new annual line observation procedures; regularly participate in an comment above, all experience requirement, exceed the current Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30739 guidance of two line observations per Simulator instructors were individuals these individuals to obtain type ratings year. who could instruct flightcrew members will be minimal. The FAA acknowledges that ALPA’s maintaining airplane qualification but FedEx and ATA comments regarding pertinent part 121 who were unable to instruct those sections are intended to apply to flightcrew members training under an FedEx and ATA recommend deleting parallel part 135 sections and has initial, upgrade, or transition training current § 121.411(a)(6) and proposed responded appropriately. As discussed program. These simulator instructors §§ 121.411(b)(5), 121.412(b)(5), above under APA’s comments, the FAA were required to hold an ATP but not 121.411(e) and 121.412(e). According to has revised proposed §§ 121.411(f) and a type rating in the type airplane in these commenters, existing part 61 and 121.412(f) to parallel proposed which they instructed so long as they § 121.383 adequately address medical § 135.337(f). were only giving proficiency certificate and age requirements and the ATA instruction. ATA states that simulator FAA should merely reference these instructors holding an ATP but not a existing requirements in the preamble of ATA suggests that the preamble type rating for the airplane in which this final rule. Regarding §§ 121.411(e) language of proposed § 121.411(b)(6) be they instructed could not obtain the and 121.412(e), the KHAI commenter made more clear. As drafted, it is required type rating in a level C agrees with ATA and FedEx that these unclear to ATA whether the FAA simulator. sections should be deleted due to intends that the check airmen must Under this final rule, simulator redundancy with existing § 121.383. complete the three takeoffs and landings instructors are included under the ATA and FedEx further request that the in an airplane or whether a simulator category of flight instructors (simulator). FAA make it clear that the requirement may be used to satisfy this requirement Flight instructors (simulator) are for a Class III medical certificate in as allowed under existing § 121.439. § 61.39 does not apply if the applicant FAA Response: Because check airmen required to obtain a type rating for the for a type rating uses a flight simulator. (airplane) are able to perform their airplane in which they instruct. Any functions in an airplane as a required individual may use an approved FAA response: The FAA concurs with flightcrew member, they may meet simulator to satisfy the practical test ATA that proposed §§ 121.411(b)(5), recency of experience requirements requirements for an ATP and associated 121.412(b)(5), 121.411(e) and 121.412(e) either in an airplane or in a qualified type rating in accordance with current may echo provisions contained simulator. However, if a check airman § 61.157(e). Those individuals who hold elsewhere in the regulations; however, (airplane) is a required flightcrew an ATP but not the type rating in the the intent of these proposed sections is member, actual in-flight recency airplane in which they provide to clarify medical requirements for the experience is required pursuant to proficiency instruction will have 9 airplane and simulator categories of § 121.439(c). months to come into compliance with check airmen and flight instructors. ATA also believes that proposed the new requirement by obtaining the The provisions of § 61.39, which § 121.412(c)(1) contains a significant aircraft type rating. (See new cover flight tests, do not apply to this change because it requires simulator- 121.412(c)(1)). The new part 121 rule rulemaking. The medical requirement only instructors to hold an ATP with a recodifies the existing part 121 provision of § 61.39(a)(3) was adopted to type rating in the airplane in which they requirement that if a simulator ensure that applicants who would take will instruct. This change is not instructor is providing initial training, their flight tests in an aircraft hold explained in the preamble. In a second upgrade training, or transitional appropriate medical certificates. There set of comments which were filed after training, then he or she must have a is no requirement for applicants to hold the comment period closed, ATA stated type rating for the aircraft. Because this a medical certificate for practical tests that many of its member airlines employ is a recodification of the part 121 conducted in a simulator. Section hundreds of ‘‘simulator only’’ existing requirement, ongoing 61.157 provides for adding type ratings instructors who do not hold type ratings compliance is required. In other words, to existing ATP’s. The addition of a type on the airplane on which they instruct. any part 121 flight instructor (simulator) rating is accomplished under § 61.157 ATA feels that the impact of this rule who provides initial, upgrade, or by a practical test for which no medical would be ‘‘severe’’ on its members. transitional training must continue to certificate is required. Therefore, ATA recommends the have the appropriate type rating for the KHAI following: aircraft involved. In contrast, current —Allow current ‘‘simulator only’’ § 135.337(b) does not require that a KHAI’s comments are described as instructors to continue instructing simulator instructor have the follows: without a type rating but require a appropriate type ratings. Therefore new The recordkeeping requirements of type rating when an instructor is § 135.338(c)(1) allows flight instructors proposed § 121.411(c) and (d), requiring trained on another airplane type; (simulator) 9 months to come into that records for a check airman be —Allow sufficient time (i.e., 3 years) for compliance with the new type rating maintained as for any other pilot, are an operator’s instructor to obtain a requirements. redundant and not necessary unless the type rating and make it clear that a Despite ATA’s assertion, in its check airman is not employed as a pilot medical certificate is not required to untimely comment, that it would take for the certificate holder. take a flight test in a simulator; or two of its members several years to type FAA Response: The FAA agrees with —Allow a ‘‘simulator only’’ instructor to rate all of their ‘‘simulator only’’ the commenter to the extent that check be issued a type rating upon instructors, ATA did not provide any airmen and flight instructors who are successful completion of the next data to support its claim (e.g., number line qualified flightcrew members for recurrent training so that additional of persons affected, availability of the operator need not duplicate the training would not have to be simulators, etc.) Furthermore, ATA recordkeeping requirements of provided in preparation for a type states in its April 19 comment that these § 121.411. This final rule recognizes rating flight test. instructors have completed aircraft check airmen and instructors who may FAA Response: Current § 121.411(b) qualification courses and recurrent not be line qualified and requires such references simulator instructors. training. Thus, the time required for individuals to maintain similar training 30740 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations records as those individuals who are In allotting the 30-day comment clarification is necessary because line qualified. period, the FAA was responding to 121.383(c) (the so-called ‘‘Age 60 rule’’) Further, according to KHAI, the requests for relief from the aviation only applies to pilot flightcrew observation check requirement in industry. members. proposed § 121.413(a)(2) is burdensome. Because FAA Orders are guidance With the above modifications being Since it is now very difficult to schedule material and not regulatory, they are incorporated, this rule is adopted as an FAA inspector to conduct checks, reviewed and updated to coincide with proposed. KHAI believes that this proposed regulatory requirements, when The FAA is making this rule effective observation check requirement will add warranted. on the date of its publication in the an unnecessary burden of additional Federal Register pursuant to 5 U.S.C. tracking and scheduling and Modifications Sections 553(d)(1) and 553(d)(3). accomplishes little in the way of The following modifications have Because this new rule eliminates certain verifying the competency of a check been made to the final rule: medical certification requirements, it airmen. —‘‘Aircrew designated examiner’’ has relieves a restriction that used to exist FAA Response: The FAA places been expanded to ‘‘aircrew designated and thus justifies an immediate change. importance on the role of check airmen examiner employed by the operator’’ (See 5 U.S.C. Section 553(d)(1)). and flight instructors. The 24-month under proposed §§ 121.413(a)(2) and Because much of the rest of these rules observation is a new requirement and 135.339(a)(2), to further clarify who, are merely a recodification of long- will serve to increase the quality other than an FAA inspector, may standing rules, good cause exists for assurance of check airmen and flight conduct an observation check. making this recodification effective instructors. This final rule permits —Proposed §§ 121.411(f), 121.412(f), immediately. (See 5 U.S.C. Section 553 qualified aircrew designated examiners 135.337(f), and 135.338(f) have been (d)(3)). Although these rules are employed by the operator to conduct the revised to make them clear and effective immediately, the FAA is observation. The addition of aircrew parallel. These proposed sections allowing operators and other affected designated examiners employed by the contain the qualification requirements individuals 9 months to come into operator to conduct the observation for check airmen/simulator and check compliance with two new requirements: check should relieve any unnecessary airmen/airplane. the 24-month observation check and the burden for tracking and scheduling. —Proposed paragraphs (f)(2)(i), (ii), and type rating requirements. (See earlier The commenter from KHAI states that (iii) have been withdrawn from the discussion.) there is an apparent discrepancy in the qualifications sections for flight Paperwork Reduction Act initial and transition training instructors (simulator) and check requirements for flight instructors as airmen (simulator)—§§ 121.411, As stated in the NPRM, the paperwork proposed in § 121.414 (c)(7) and for 121.412, 135.337, and 135.338. The burden associated with this rule is check airmen as proposed in § 121.413 FAA has decided to maintain the negligible. The FAA estimated the (c)(6). existing regulatory scheme under average burden hour per respondent at FAA Response: Generally, before an which operators can seek FAA 15 seconds per individual every 2 years. individual becomes a check airman, approval for line observation As discussed above under ‘‘Effective those individuals are first qualified as programs. See Advisory Circular 120– Date,’’ OMB is reviewing the flight instructors. The training 35 as amended. information collection requirements requirements for flight instructors are —Proposed paragraphs (a)(2) of associated with this rule and will prerequisite to the training requirements §§ 121.413, 121.414, 135.339, and publish a notice informing the public for check airmen. 135.340 (simulator) have been revised when these information requirements KHAI comments that, unlike the new become effective. § 121.434 regulation, this regulation to allow operators until March 1997 (9 does not specifically address line check months after the publication date of International Civil Aviation airmen. this rule) to come into compliance Organization and Joint Aviation FAA Response: This final rule with the new requirement for Regulations addresses check airmen as a broad operators to conduct observation In keeping with U.S. obligations category. Other specific categories of checks of check airmen and flight under the Convention on International check airmen (i.e., line check airmen, instructors once every 24 months. Civil Aviation, it is FAA policy to proficiency check airmen, etc.) also —Proposed § 121.412(c)(1) has been comply with ICAO Standards and were not mentioned. It was not the revised to give part 121 operators and Recommended Practices to the intent of this rule to address specific flight instructors (simulator) who maximum extent practicable. The FAA categories of check airmen beyond currently only provide proficiency is not aware of any differences that this check airmen (airplane) and check instruction, until March 1997 to rule presents, nor were any differences airmen (simulator). obtain a type rating if they do not indicated in any of the comments Lastly, KHAI states that, in the future, already have one. received. more input is needed from part 121 —Proposed § 135.338(c)(1) has been operators before this type of rule is revised to give part 135 operators and Regulatory Evaluation Summary issued, that comment periods should be flight instructors (simulator) until Changes to Federal regulations must longer, and that a review of FAA Order March 1997 to obtain a type rating for undergo several economic analyses. 8400.10 should be conducted. the type, class, or category of aircraft First, Executive Order 12866 directs FAA Response: As indicated in the in which they instruct if they do not Federal agencies to promulgate new preamble discussion above, the FAA already have one. regulations or modify existing used draft rule language developed by Although not in response to regulations only if the potential benefits the Air Carrier Training Working Group comments, the FAA has also added the to society outweigh the potential costs. of ARAC as the basis for developing this word ‘‘pilot’’ in front of ‘‘flightcrew Second, the Regulatory Flexibility Act proposal. This working group was members’’ under proposed paragraphs of 1980 requires agencies to analyze the comprised of many part 121 operators. (e) of §§ 121.411 and 121.412. This economic impact of regulatory changes Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30741 on small entities. Finally, the Office of hold a current medical certificate to small entities under the criteria of the Management and Budget directs check or instruct in flight simulators Regulatory Flexibility Act. This rule is agencies to assess the effects of and flight training devices if they satisfy not considered significant under DOT regulatory changes on international the above requirements. These pilots, Regulatory Policies and Procedures (44 trade. In conducting these analyses, the many of whom are retired, would FR 11034, February 26, 1979). FAA has determined that this rule is not probably offer their services at lower ‘‘a significant regulatory action’’ as cost to the airlines than the full-time List of Subjects defined in the Executive Order and the pilots that currently are performing 14 CFR Part 121 Department of Transportation these functions. Air carriers also will be Air carriers, Aircraft, Airmen, Regulatory Policies and Procedures. able to reduce disruption to their Aviation safety, Safety, Reporting and This rule will not have a significant operations by contracting with part-time recordkeeping requirements, impact on a substantial number of small pilots to provide training and checking Transportation. entities and will have no impact on services, thereby eliminating the need to international trade. These analyses, pull line pilots from their routine 14 CFR Part 135 available in the docket, are summarized duties. The rule also will reduce costs Air taxis, Aircraft, Airmen, Aviation below. to the industry because it allows all safety, Reporting and recordkeeping initial and transition flight training for Benefits and Costs requirements. check airmen and instructors to be The requirements of this rule will not conducted in simulators or in flight The Amendment impose any additional cost on air training devices as opposed to the In consideration of the foregoing, the carriers or other training entities current in-flight requirement. Federal Aviation Administration currently providing simulator training. Accordingly, the FAA finds this rule to amends 14 CFR Parts 121 and 135 as These additional requirements can be be cost-beneficial because it does not follows: incorporated into current industry impose any additional costs on the practice. aviation industry and allows for less PART 121ÐOPERATING In the past, the FAA has issued costly training of future pilots. REQUIREMENTS: DOMESTIC, FLAG, exemptions to air carriers and to AND SUPPLEMENTAL OPERATIONS training entities (FlightSafety, Simuflite, Regulatory Flexibility Determination etc.), which permit them to use The Regulatory Flexibility Act (RFA) 1. The authority citation for part 121 simulators to conduct training and of 1980 was enacted by Congress to continues to read as follows: checking for air carrier pilots. However, ensure that small entities are not Authority: 49 U.S.C. 106(g), 40113, 40119, the FAA imposed certain conditions unnecessarily or disproportionately 44101, 44701–44702, and 44705, 44709– and limitations in these exemptions. burdened by Government regulations. 44711, 44713, 44716–44717, 44722, 44901, The Agency required that the check The RFA requires a Regulatory 44901–44904, 44912, 46105. airmen and instructors of these entities Flexibility Analysis if a rule is expected 2. Section 121.411 is revised to read hold the same airman certificates and to have a ‘‘significant (positive or as follows: ratings and complete the same negative) economic impact on a proficiency checks as required to serve substantial number of small entities.’’ § 121.411 Qualifications: Check airmen as PIC in air carrier operations. In Based on the standards and thresholds (airplane) and check airmen (simulator). addition, check airmen and flight specified in implementing the FAA (a) For the purposes of this section instructors that conduct Line-Oriented Order 2100.14A, Regulatory Flexibility and § 121.413: Flight Training and Line Operational Criteria and Guidance, the FAA has (1) A check airman (airplane) is a Evaluation in simulators had to be line determined that the rule will not have person who is qualified, and permitted, qualified or line familiar and had to a significant impact on a substantial to conduct flight checks or instruction participate in a line observation number of small entities. in an airplane, in a flight simulator, or program. This line observation program in a flight training device for a has the same requirements as the one International Trade Impact Assessment particular type airplane. that is being adopted for check airmen This rule is expected to have neither (2) A check airman (simulator) is a (simulators) and flight instructors an adverse impact on the trade person who is qualified to conduct (simulator). Therefore, this program will opportunities for U.S. firms doing flight checks or instruction, but only in not impose any additional burden on business abroad nor on foreign firms a flight simulator or in a flight training the aviation industry. doing business in the United States. The device for a particular type airplane. In addition, current FAA policy, as cost savings that would be realized from (3) Check airmen (airplane) and check part of Flight Standards Work Program the rule are not likely to be significant airmen (simulator) are those check Functions, requires aviation safety enough to affect the competitive airmen who perform the functions inspectors to observe, at least once position of domestic concerns vis-a-vis described in § 121.401(a)(4). annually, half of the check airmen and foreign concerns. (b) No certificate holder may use a instructors while they perform their person, nor may any person serve as a duties. A portion of the current Conclusion check airman (airplane) in a training observation practice and policy is For the reasons discussed in the program established under this subpart incorporated into the Code of Federal preamble, and based on the findings in unless, with respect to the airplane type Regulations by this rulemaking. Since the Regulatory Flexibility Determination involved, that person— the above policy and practice exceed the and the International Trade Impact (1) Holds the airman certificates and requirements, this rulemaking will not Analysis, the FAA has determined that ratings required to serve as a pilot in impose any additional burden on the this regulation is not significant under command, a flight engineer, or a flight airline industry. Executive Order 12866. In addition, it is navigator, as applicable, in operations The rule affords cost savings to air certified that this rule will not have a under this part; carriers by allowing them to hire significant economic impact, positive or (2) Has satisfactorily completed the experienced pilots who are not able to negative, on a substantial number of appropriate training phases for the 30742 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations airplane, including recurrent training, serve as pilot flightcrew members in (4) Has satisfactorily completed the that are required to serve as a pilot in operations under this part. applicable training requirements of command, flight engineer, or flight (f) A check airman (simulator) must § 121.414, including in-flight training navigator, as applicable, in operations accomplish the following— and practice for initial and transition under this part; (1) Fly at least two flight segments as training; (3) Has satisfactorily completed the a required crewmember for the type (5) Holds at least a Class III medical appropriate proficiency or competency airplane involved within the 12-month certificate unless serving as a required checks that are required to serve as a period preceding the performance of crewmember, in which case holds a pilot in command, flight engineer, or any check airman duty in a flight Class I or a Class II medical certificate flight navigator, as applicable, in simulator; or as appropriate. operations under this part; (2) Satisfactorily complete an (6) Has satisfied the recency of (4) Has satisfactorily completed the approved line-observation program experience requirements of § 121.439. applicable training requirements of within the period prescribed by that (c) No certificate holder may use a § 121.413 including in-flight training program and that must precede the person, nor may any person service as and practice for initial and transition performance of any check airman duty a flight instructor (simulator) in a training; in a flight simulator. training program established under this (5) Holds at least a Class III medical (g) The flight segments or line- subpart, unless, with respect to the certificate unless serving as a required observation program required in airplane type involved, that person crewmember, in which case holds a paragraph (f) of this section are meets the provisions of paragraph (b) of Class I or Class II medical certificate as considered to be completed in the this section, or— appropriate; month required if completed in the (1) Holds the airman certificates and (6) Has satisfied the recency of calendar month before or in the ratings, except medical certificate, experience requirements of § 121.439; calendar month after the month in required to serve as a pilot in command, and which it is due. a flight engineer, or a flight navigator, as (7) Has been approved by the 3. Section 121.412 is added to read as applicable, in operations under this part Administrator for the check airman follows: except before February 19, 1997 that duties involved. person need not hold a type rating for (c) No certificate holder may use a § 121.412 Qualifications: Flight instructors the airplane type involved provided that person nor may any person serve as a (airplane) and flight instructors (simulator). he or she only provides the instruction check airman (simulator) in a training (a) For the purposes of this section described in §§ 121.409(b) and 121.441; program established under this subpart and § 121.412: (2) Has satisfactorily completed the unless, with respect to the airplane type (1) A flight instructor (airplane) is a appropriate training phases for the involved, that person meets the person who is qualified to instruct in an airplane, including recurrent training, provisions of paragraph (b) of this airplane, in a flight simulator, or in a that are required to serve as a pilot in section, or— flight training device for a particular command, flight engineer, or flight (1) Holds the airman certificates and type airplane. navigator, as applicable, in operations ratings, except medical certificate, (2) A flight instructor (simulator) is a under this part; required to serve as a pilot in command, person who is qualified to instruct, but (3) Has satisfactorily completed the a flight engineer, or a flight navigator, as only in a flight simulator, in a flight appropriate proficiency or competency applicable, in operations under this training device, or both, for a particular checks that are required to serve as a part; type airplane. pilot in command, flight engineer, or (2) Has satisfactorily completed the (3) Flight instructors (airplane) and flight navigator, as applicable, in appropriate training phases for the flight instructors (simulator) are those operations under this part; and airplane, including recurrent training, instructors who perform the functions (4) Has satisfactorily completed the that are required to serve as a pilot in described in § 121.401(a)(4). applicable training requirements of command, flight engineer, or flight (b) No certificate holder may use a § 121.414. navigator in operations under this part; person nor may any person serve as a (d) Completion of the requirements in (3) Has satisfactorily completed the flight instructor (airplane) in a training paragraphs (b) (2), (3), and (4) or (c) (2), appropriate proficiency or competency program established under this subpart (3), and (4) of this section as applicable checks that are required to serve as a unless, with respect to the airplane type shall be entered in the individual’s pilot in command, flight engineer, or involved, that person— training record maintained by the flight navigator in operations under this (1) Holds the airman certificates and certificate holder. part; rating required to serve as a pilot in (e) Airmen who have reached their (4) Has satisfactorily completed the command, a flight engineer, or a flight 60th birthday, or who do not hold an applicable training requirements of navigator, as applicable, in operations appropriate medical certificate, may not § 121.413; and under this part; function as a flight instructor (airplane), (5) Has been approved by the (2) Has satisfactorily completed the nor may they serve as pilot flightcrew Administrator for the check airman appropriate training phases for the members in operations under this part. (simulator) duties involved. airplane, including recurrent training, (f) A flight instructor (simulator) must (d) Completion of the requirements in that are required to serve as a pilot in accomplish the following— paragraphs (b) (2), (3), and (4) or (c) (2), command, flight engineer, or flight (1) Fly at least two flight segments as (3), and (4) of this section, as applicable, navigator, as applicable, in operations a required crewmember for the type of shall be entered in the individual’s under this part; airplane within the 12-month period training record maintained by the (3) Has satisfactorily completed the preceding the performance of any flight certificate holder. appropriate proficiency or competency instructor duty in a flight simulator (and (e) Check airmen who have reached checks that are required to serve as a must hold a Class I or Class II medical their 60th birthday or who do not hold pilot in command, flight engineer, or certificate as appropriate); or an appropriate medical certificate may flight navigator, as applicable, in (2) Satisfactorily complete an function as check airmen, but may not operations under this part; approved line-observation program Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30743 within the period prescribed by that approved methods, procedures, and observation of an FAA inspector, an program and that must precede the limitations for performing the required operator check airman, or an aircrew performance of any check airman duty normal, abnormal, and emergency designated examiner employed by the in a flight simulator. procedures applicable to the airplane to operator. The observation check may be (g) The flight segments or line- which the check airman is in accomplished in part or in full in an observation program required in transaction. airplane, in a flight simulator, or in a paragraph (f) of this section is (e) The initial and transition flight flight training device. This paragraph considered completed in the month training for pilot check airmen applies after February 19, 1997. required if completed in the calendar (airplane), flight engineer check airmen (b) The observation check required by month before, or the calendar month (airplane), and flight navigator check paragraph (a)(2) of this section is after the month in which it is due. airmen (airplane) must include the considered to have been completed in 4. Section 121.413 is revised to read following: the month required if completed in the as follows: (1) The safety measures for emergency calendar month before, or the calendar situations that are likely to develop month after, the month in which it is § 121.413 Initial and transition training and during a check. due. checking requirements: Check airmen (c) The initial ground training for (airplane), check airmen (simulator). (2) The potential results of improper, untimely, or non-execution of safety flight instructors must include the (a) No certificate holder may use a measures during a check. following: person nor may any person serve as a (3) For pilot check airman (airplane)— (1) Flight instructor duties, functions, check airman unless— (i) Training and practice in and responsibilities. (1) That person has satisfactorily conducting flight checks from the left (2) The applicable Code of Federal completed initial or transition check and right pilot seats in the required Regulations and the certificate holder’s airman training; and normal, abnormal, and emergency policies and procedures. (2) Within the preceding 24 calendar procedures to ensure competence to (3) The appropriate methods, months that person satisfactorily conduct the pilot flight checks required procedures, and techniques for conducts a proficiency or competency by this part; and conducting flight instruction. (4) Proper evaluation of student check under the observation of an FAA (ii) The safety measures to be taken performance including the detection inspector or an aircrew designated from either pilot seat for emergency of— examiner employed by the operator. The situations that are likely to develop observation check may be accomplished (i) Improper and insufficient training; during a check. and in part or in full in an airplane, in a (4) For flight engineer check airmen flight simulator, or in a flight training (ii) Personal characteristics of an (airplane) and flight navigator check applicant that could adversely affect device. This paragraph applies after airmen (airplane), training to ensure February 19, 1997. safety. competence to perform assigned duties. (5) The corrective action in the case (b) The observation check required by (f) The requirements of paragraph (e) paragraph (a)(2) of this section is of unsatisfactory training progress. of this section may be accomplished in (6) The approved methods, considered to have been completed in full or in part in flight, in a flight procedures, and limitations for the month required if completed in the simulator, or in a flight training device, performing the required normal, calendar month before, or the calendar as appropriate. abnormal, and emergency procedures in month after, the month in which it is (g) The initial and transition flight the airplane. due. training for check airmen (simulator) (7) Except for holders of a flight (c) The initial ground training for must include the following: instructor certificate— check airmen must include the (1) Training and practice in (i) The fundamental principles of the following: conducting flight checks in the required teaching-learning process; (1) Check airman duties, functions, normal, abnormal, and emergency (ii) Teaching methods and and responsibilities. procedures to ensure competence to procedures; and (2) The applicable Code of Federal conduct the flight checks required by (iii) The instructor-student Regulations and the certificate holder’s this part. This training and practice relationship. policies and procedures. must be accomplished in a flight (d) The transition ground training for (3) The appropriate methods, simulator or in a flight training device. flight instructors must include the procedures, and techniques for (2) Training in the operation of flight approved methods, procedures, and conducting the required checks. simulators or flight training devices, or limitations for performing the required (4) Proper evaluation of student both, to ensure competence to conduct normal, abnormal, and emergency performance including the detection the flight checks required by this part. procedures applicable to the airplane to of— 5. Section 121.414 is added to read as which the flight instructor is in (i) Improper and insufficient training; follows: transition. and (e) The initial and transition flight (ii) Personal characteristics of an § 121.414 Initial and transition training and training for flight instructors (airplane), applicant that could adversely affect checking requirements: flight instructors flight engineer instructors (airplane), safety. (airplane), flight instructors (simulator). and flight navigator instructors (5) The appropriate corrective action (a) No certificate holder may use a (airplane) must include the following: in the case of unsatisfactory checks. person nor may any person serve as a (1) The safety measures for emergency (6) The approved methods, flight instructor unless— situations that are likely to develop procedures, and limitations for (1) That person has satisfactorily during instruction. performing the required normal, completed initial or transition flight (2) The potential results of improper, abnormal, and emergency procedures in instructor training; and untimely, or non-execution of safety the airplane. (2) Within the preceding 24 calendar measures during instruction. (d) The transition ground training for months, that person satisfactorily (3) For pilot flight instructor check airmen must include the conducts instruction under the (airplane)— 30744 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

(i) In-flight training and practice in (b) No certificate holder may use a but may not serve as flightcrew conducting flight instruction from the person, nor may any person serve as a members in operations under this part. left and right pilot seats in the required check airman (aircraft) in a training (f) A check airman (simulator) must normal, abnormal, and emergency program established under this subpart accomplish the following— procedures to ensure competence as an unless, with respect to the aircraft type (1) Fly at least two flight segments as instructor; and involved, that person— a required crewmember for the type, (ii) The safety measures to be taken (1) Holds the airman certificates and class, or category aircraft involved from either pilot seat for emergency ratings required to serve as a pilot in within the 12-month preceding the situations that are likely to develop command in operations under this part; performance of any check airman duty during instruction. (2) Has satisfactorily completed the in a flight simulator; or (4) For flight engineer instructors training phases for the aircraft, (2) Satisfactorily complete an (airplane) and flight navigator including recurrent training, that are approved line-observation program instructors (airplane), in-flight training required to serve as a pilot in command within the period prescribed by that to ensure competence to perform in operations under this part; program and that must precede the assigned duties. (3) Has satisfactorily completed the performance of any check airman duty (f) The requirements of paragraph (e) proficiency or competency checks that in a flight simulator. of this section may be accomplished in are required to serve as a pilot in (g) The flight segments or line- full or in part in flight, in a flight command in operations under this part; observation program required in simulator, or in a flight training device, (4) Has satisfactorily completed the paragraph (f) of this section are as appropriate. applicable training requirements of considered to be completed in the (g) The initial and transition flight § 135.339; month required if completed in the training for flight instructors (simulator) (5) Holds at least a Class III medical calendar month before or the calender must include the following: certificate unless serving as a required month after the month in which they are (1) Training and practice in the crewmember, in which case holds a due. required normal, abnormal, and Class I or Class II medical certificate as 8. Section 135.338 is added to read as emergency procedures to ensure appropriate. follows: competence to conduct the flight (6) Has satisfied the recency of § 135.338 Qualifications: Flight instructors instruction required by this part. This experience requirements of § 135.247; (aircraft) and flight instructors (simulator). training and practice must be and (a) For the purposes of this section accomplished in full or in part in a (7) Has been approved by the and § 135.340: flight simulator or in a flight training Administrator for the check airman (1) A flight instructor (aircraft) is a device. duties involved. person who is qualified to instruct in an (2) Training in the operation of flight (c) No certificate holder may use a aircraft, in a flight simulator, or in a simulators or flight training devices, or person, nor may any person serve as a flight training device for a particular both, to ensure competence to conduct check airman (simulator) in a training type, class, or category aircraft. the flight instruction required by this program established under this subpart (2) A flight instructor (simulator) is a part. unless, with respect to the aircraft type person who is qualified to instruct in a involved, that person meets the flight simulator, in a flight training PART 135ÐOPERATING provisions of paragraph (b) of this device, or in both, for a particular type, REQUIREMENTS: COMMUTER AND section, or— class, or category aircraft. ON-DEMAND OPERATIONS. (1) Holds the applicable airman (3) Flight instructors (aircraft) and certificates and ratings, except medical flight instructors (simulator) are those 6. The authority citation for part 135 certificate, required to serve as a pilot in instructors who perform the functions continues to read as follows: command in operations under this part; described in § 135.321(a) and 135.323 Authority: 49 U.S.C. 106(g), 44113, 44701– (2) Has satisfactorily completed the (a)(4) and (c). 44702, 44705, 44709, 44711–44713, 44715– appropriate training phases for the (b) No certificate holder may use a 44717, 44722. aircraft, including recurrent training, person, nor may any person serve as a 7. Section 135.337 is revised to read that are required to serve as a pilot in flight instructor (aircraft) in a training as follows: command in operations under this part; program established under this subpart (3) Has satisfactorily completed the unless, with respect to the type, class, § 135.337 Qualifications: Check airmen appropriate proficiency or competency or category aircraft involved, that (aircraft) and check airmen (simulator). checks that are required to serve as a person— (a) For the purposes of this section pilot in command in operations under (1) Holds the airman certificates and and § 135.339: this part; ratings required to serve as a pilot in (1) A check airman (aircraft) is a (4) Has satisfactorily completed the command in operations under this part; person who is qualified to conduct applicable training requirements of (2) Has satisfactorily completed the flight checks in an aircraft, in a flight § 135.339; and training phases for the aircraft, simulator, or in a flight training device (5) Has been approved by the including recurrent training, that are for a particular type aircraft. Administrator for the check airman required to serve as a pilot in command (2) A check airman (simulator) is a (simulator) duties involved. in operations under this part; person who is qualified to conduct (d) Completion of the requirements in (3) Has satisfactorily completed the flight checks, but only in a flight paragraphs (b) (2), (3), and (4) or (c) (2), proficiency or competency checks that simulator, in a flight training device, or (3), and (4) of this section, as applicable, are required to serve as a pilot in both, for a particular type aircraft. shall be entered in the individual’s command in operations under this part; (3) Check airmen (aircraft) and check training record maintained by the (4) Has satisfactorily completed the airmen (simulator) are those check certificate holder. applicable training requirements of airmen who perform the functions (e) Check airmen who do not hold an § 135.340; described in §§ 135.321 (a) and appropriate medical certificate may (5) Holds at least a Class III medical 135.323(a)(4) and (c). function as check airmen (simulator), certificate; and Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30745

(6) Has satisfied the recency of § 135.339 Initial and transition training and (3) Training and practice in experience requirements of § 135.247. checking: Check airmen (aircraft), check conducting flight checks from the left airmen (simulator). (c) No certificate holder may use a and right pilot seats in the required person, nor may any person serve as a (a) No certificate holder may use a normal, abnormal, and emergency flight instructor (simulator) in a training person nor may any person serve as a procedures to ensure competence to program established under this subpart, check airman unless— conduct the pilot flight checks required unless, with respect to the type, class, (1) That person has satisfactorily by this part; and or category aircraft involved, that person completed initial or transition check (4) The safety measures to be taken meets the provisions of paragraph (b) of airman training; and from either pilot seat for emergency this section, or— (2) Within the preceding 24 calendar situations that are likely to develop months, that person satisfactorily during checking. (1) Holds the airman certificates and conducts a proficiency or competency ratings, except medical certificate, (f) The requirements of paragraph (e) check under the observation of an FAA of this section may be accomplished in required to serve as a pilot in command inspector or an aircrew designated in operations under this part except full or in part in flight, in a flight examiner employed by the operator. The simulator, or in a flight training device, before February 19, 1997 that person observation check may be accomplished need not hold a type rating for the type, as appropriate. in part or in full in an aircraft, in a flight (g) The initial and transition flight class, or category of aircraft involved. simulator, or in a flight training device. training for check airmen (simulator) (2) Has satisfactorily completed the This paragraph applies after February must include the following: appropriate training phases for the 19, 1997. (1) Training and practice in aircraft, including recurrent training, (b) The observation check required by conducting flight checks in the required that are required to serve as a pilot in paragraph (a)(2) of this section is normal, abnormal, and emergency command in operations under this part; considered to have been completed in procedures to ensure competence to (3) Has satisfactorily completed the the month required if completed in the conduct the flight checks required by appropriate proficiency or competency calendar month before or the calendar this part. This training and practice checks that are required to serve as a month after the month in which it is must be accomplished in a flight pilot in command in operations under due. simulator or in a flight training device. this part; and (c) The initial ground training for (2) Training in the operation of flight (4) Has satisfactorily completed the check airmen must include the simulators, flight training devices, or applicable training requirements of following: both, to ensure competence to conduct § 135.340. (1) Check airman duties, functions, the flight checks required by this part. and responsibilities. (d) Completion of the requirements in 10. Section 135.340 is added to read (2) The applicable Code of Federal paragraphs (b) (2), (3), and (4) or (c) (2), as follows: Regulations and the certificate holder’s (3), and (4) of this section, as applicable, policies and procedures. § 135.340 Initial and transition training and shall be entered in the individual’s (3) The applicable methods, checking: Flight instructors (aircraft), flight training record maintained by the procedures, and techniques for instructors (simulator). certificate holder. conducting the required checks. (a) No certificate holder may use a (e) An airman who does not hold a (4) Proper evaluation of student person nor may any person serve as a medical certificate may function as a performance including the detection flight instructor unless— flight instructor in an aircraft if of— (1) That person has satisfactorily functioning as a non-required (i) Improper and insufficient training; completed initial or transition flight crewmember, but may not serve as a and instructor training; and flightcrew member in operations under (ii) Personal characteristics of an (2) Within the preceding 24 calendar this part. applicant that could adversely affect months, that person satisfactorily (f) A flight instructor (simulator) must safety. conducts instruction under the accomplish the following— (5) The corrective action in the case observation of an FAA inspector, as (1) Fly at least two flight segments as of unsatisfactory checks. operator check airman, or an aircrew a required crewmember for the type, (6) The approved methods, designated examiner employed by the class, or category aircraft involved procedures, and limitations for operator. The observation check may be within the 12-month period preceding performing the required normal, accomplished in part or in full in an the performance of any flight instructor abnormal, and emergency procedures in aircraft, in a flight simulator, or in a duty in a flight simulator; or the aircraft. flight training device. This paragraph (d) The transition ground training for applies after February 19, 1997. (2) Satisfactorily complete an check airmen must include the (b) The observation check required by approved line-observation program approved methods, procedures, and paragraph (a)(2) of this section is within the period prescribed by that limitations for performing the required considered to have been completed in program and that must precede the normal, abnormal, and emergency the month required if completed in the performance of any check airman duty procedures applicable to the aircraft to calendar month before, or the calendar in a flight simulator. which the check airman is in transition. month after, the month in which it is (g) The flight segments or line- (e) The initial and transition flight due. observation program required in training for check airmen (aircraft) must (c) The initial ground training for paragraph (f) of this section are include the following— flight instructors must include the considered completed in the month (1) The safety measures for emergency following: required if completed in the calendar situations that are likely to develop (1) Flight instructor duties, functions, month before, or in the calendar month during a check; and responsibilities. after, the month in which they are due. (2) The potential results of improper, (2) The applicable Code of Federal 9. Section 135.339 is added to read as untimely, or nonexecution of safety Regulations and the certificate holder’s follows: measures during a check; policies and procedures. 30746 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

(3) The applicable methods, approved methods, procedures, and full or in part in flight, in a flight procedures, and techniques for limitations for performing the required simulator, or in a flight training device, conducting flight instruction. normal, abnormal, and emergency as appropriate. (4) Proper evaluation of student procedures applicable to the type, class, (g) The initial and transition flight performance including the detection or category aircraft to which the flight training for a flight instructor of— instructor is in transition. (simulator) must include the following: (i) Improper and insufficient training; (e) The initial and transition flight and (1) Training and practice in the training for flight instructors (aircraft) required normal, abnormal, and (ii) Personal characteristics of an must include the following— applicant that could adversely affect emergency procedures to ensure (1) The safety measures for emergency competence to conduct the flight safety. situations that are likely to develop (5) The corrective action in the case instruction required by this part. These during instruction; maneuvers and procedures must be of unsatisfactory training progress. (2) The potential results of improper (6) The approved methods, accomplished in full or in part in a or untimely safety measures during procedures, and limitations for flight simulator or in a flight training instruction; performing the required normal, device. (3) Training and practice from the left abnormal, and emergency procedures in (2) Training in the operation of flight and right pilot seats in the required the aircraft. simulators, flight training devices, or normal, abnormal, and emergency (7) Except for holders of a flight both, to ensure competence to conduct maneuvers to ensure competence to instructor certificate— the flight instruction required by this conduct the flight instruction required (i) The fundamental principles of the part. teaching-learning process; by this part; and (ii) Teaching methods and (4) The safety measures to be taken Issued in Washington, D.C., on May 30, 1996. procedures; and from either the left or right pilot seat for (iii) The instructor-student emergency situations that are likely to David R. Hinson, relationship. develop during instruction. Administrator. (d) The transition ground training for (f) The requirements of paragraph (e) [FR Doc. 96–14084 Filed 6–14–96; 8:45 am] flight instructors must include the of this section may be accomplished in BILLING CODE 4910±13±M federal register June 17,1996 Monday Comments; Notice Availability ofFundsandRequestsfor Neglect Projects;FiscalYear1996 National CenteronChildAbuseand Administration forChildrenandFamilies Services Health andHuman Department of Part V 30747 30748 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

DEPARTMENT OF HEALTH AND Administration for Children and F. Priority Area Descriptions and HUMAN SERVICES Families, Division of Discretionary Requirements Grants, ACF Mailroom, 2nd Floor Part III: Information and Instructions for the Administration for Children and Loading Dock, Aerospace Center, 901 D Development and Submission of Applications Families Street, S.W., Washington, D.C. 20447, lllll A. Paperwork Reduction Act of 1995 [Program Announcement No. ACF/ACYF/ ATTN: (reference number B. Availability of Forms NCCAN/DP 96±1] and specify Priority Area 1.01, 2.01, or C. Required Notification of the State Single 2.02). Point of Contact Fiscal Year 1996 National Center on FOR FURTHER INFORMATION CONTACT: The D. Deadline for Submission of Applications Child Abuse and Neglect; Availability ACYF Operations Center Technical E. Instructions for Preparing the of Fund and Requests for Applications Assistance Team at 1–800–351–2293 is Application and Completing Application Forms AGENCY: National Center on Child available to answer questions regarding 1. SF424, page 1, Application Cover Sheet Abuse and Neglect (NCCAN), application requirements and to refer 2. SF424A, Budget Information-Non- Administration on Children, Youth and you to the appropriate contact person in Construction Programs Families (ACYF), Administration for NCCAN for programmatic questions. 3. Project Summary Description Children and Families (ACF), INTENT TO APPLY: If you are going to 4. Program Narrative Statement submit an application, send a postcard 5. Assurances/Certifications Department of Health and Human F. Checklist for a Complete Application Services (DHHS). or call in the following information: The G. The Application Package ACTION: Announcement of the name, address, and telephone number of availability of financial assistance and the contact person; the name of the Part I—General Information requests for applications to support organization; and the priority area(s) in A. Background child abuse and neglect research, which you may submit an application, demonstration, and training and within two weeks of the receipt of this The Administration on Children, technical assistance projects as announcement to: Administration on Youth and Families (ACYF) administers authorized by the Child Abuse Children, Youth and Families, national programs for children and Prevention and Treatment Act, as Operations Center, 3030 Clarendon youth, works with States and local amended. Boulevard, Suite 240, Arlington, VA communities to develop services which support and strengthen family life, seeks SUMMARY: The National Center on Child 22201. The telephone number is 1–800– 351–2293. This information will be used out joint ventures with the private Abuse and Neglect (NCCAN) announces sector to enhance the lives of children the availability of Fiscal Year 1996 to determine the number of expert reviewers needed and to update the and their families, and provides funding. information and other assistance to Funds from NCCAN are for research mailing list of persons to whom the parents, public and private agencies, on the causes, prevention, program announcement is sent. States and local communities, and other identification, treatment and cultural SUPPLEMENTARY INFORMATION: This entities. program announcement consists of three distinctions of child abuse and neglect; The concerns of ACYF extend to all parts. Part I provides information on the for research on appropriate, effective children from birth through National Center on Child Abuse and and culturally-sensitive investigative, adolescence. Many of the programs Neglect and general information on the administrative and judicial procedures administered by the agency focus on application procedures. Part II describes with respect to cases of child abuse; and children from low-income families; the review process, additional for demonstration or service programs children and youth in need of foster requirements for the grant applications, and projects designed to prevent, care, adoption, or other child welfare the criteria for the review and identify, and treat child abuse and services; preschool children; children evaluation of applications, and the neglect. with disabilities; abused and neglected This announcement contains forms programmatic priorities for which children; runaway and homeless youth; and instructions for submitting an applications are being solicited. Part III and children from Native American and application. provides information and instructions migrant families. for the development and submission of DATES: The closing time and date for the Located organizationally within applications. receipt of applications under this ACYF, the National Center on Child The forms to be used for submitting announcement is 4:30 p.m. (Eastern Abuse and Neglect (NCCAN) was an application follow Part III. Please Time) August 16, 1996. Applications established within the Department of copy as single-sided forms and use in received after 4:30 p.m. will be Health and Human Services in 1974 by submitting an application under this classified as late. the Child Abuse Prevention and announcement. No additional ADDRESSES: Mail applications to: Treatment Act (the Act). Department of Health and Human application forms are needed to submit NCCAN conducts activities designed Services, Administration for Children an application. to assist and enhance national, State and and Families, Division of Discretionary Applicants should note that grants to community efforts to prevent, identify, Grants, 370 L’Enfant Promenade, S.W., be awarded under this program and treat child abuse and neglect. These Mail Stop 6C–462, Washington, D.C. announcement are subject to the activities include: conducting research 20447, ATTN: lllll (Reference availability of funds. and demonstrations; supporting service announcement number and specify Outline of Announcement improvement projects; gathering, Priority Area 1.01, 2.01, or 2.02). analyzing, and disseminating Hand-delivered, courier or overnight Part I: General Information information through a national Part II: Review Process and Priority Areas applications are accepted during the A. Eligible Applicants clearinghouse; and awarding grants to normal working hours of 8:00 a.m. to B. Review Process and Funding Decisions eligible States to develop, strengthen, 4:30 p.m., (Eastern time), Monday C. Evaluation Criteria and carry out child abuse and neglect through Friday, on or prior to the D. Structure of Priority Area Descriptions prevention and treatment programs and established closing date at: E. Available Funds programs relating to the investigation Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30749 and prosecution of child abuse cases. In 501(c)(3). The ACYF cannot fund a non- proposed project; the potential for high addition, the legislatively-mandated profit applicant without acceptable benefit from low Federal investment; Advisory Board on Child Abuse and proof of its non-profit status. and/or substantial involvement by Neglect and the Inter-Agency Task Force national or community foundations. B. Review Process and Funding To the greatest extent possible, on Child Abuse and Neglect produce Decisions periodic reports on child abuse and funding decisions will reflect an neglect activities. Before applications are reviewed, equitable distribution of assistance each application is screened to among the States and geographical B. Statutory Authority Covered Under determine whether the applicant regions of the country, rural and urban This Announcement organization is eligible. Applications areas, and ethnic populations. In NCCAN solicits applications under from ineligible organizations will not be making these decisions, ACYF may also the authority of the Child Abuse reviewed in the competition, and the take into account the need to avoid Prevention and Treatment Act (42 applicant will be so informed. unnecessary duplication of effort. Applications that omit essential U.S.C. 5101 et seq.) as amended. The C. Evaluation Criteria Act was most recently reauthorized components of the application or fail to through September 1995 and was comply with format specifications A panel of at least three reviewers further amended through the Child described in Part III will have their (primarily experts from outside the Abuse, Domestic Violence, Adoption, application withdrawn from further Federal government) will review the and Family Services Act of 1992 (Pub. consideration. applications. To facilitate this review, L. 102–295, 5/28/92), the Juvenile Applications will be screened for applicants should address each Justice and Delinquency Act categorical appropriateness. If requirement in the priority area Amendments of 1992 (Pub. L. 102–586, applications are found to be description under the appropriate 11/4/92), and Title IV of the Human inappropriate for the priority area in section of the Program Narrative Services Amendments of 1994 (Pub. L. which they were submitted, applicants Statement. 103–252, sec. 401). Funds were will be contacted for verbal approval of The reviewers will determine the appropriated, at a reduced level, under redirection to a more appropriate strengths and weaknesses of each the 1996 Appropriation Bill (Pub. L. priority area. Redirection does not affect application using the evaluation criteria 104–134) through September 1996. decision-making in the competitive listed below and provide verbal and (CFDA: 93.670) process following the initial screening. written comments and assign numerical Timely applications from eligible scores to each application. The point Part II. The Review Process and applicants will be reviewed and scored value following each criterion heading Priority Areas competitively. Experts in the field, is the maximum score for that criterion. generally persons outside the Federal A. Eligible Applicants All research applications will be government, will use the appropriate evaluated against the following criteria: Each priority area description evaluation criteria listed later in this (a) Objectives (5 points). The contains information about the types of section to review and score the application pinpoints the research agencies and organizations eligible to applications. The result of this review is problem addressed; concisely states the apply. Because eligibility varies a primary factor in funding decisions. specific objectives of the study; depending on statutory provisions, it is NCCAN and ACYF reserve the option references theory or craft knowledge critical that the ‘‘Eligible Applicants’’ to discuss applications with, or refer supporting the study; and states the section of each priority area be read them to, other Federal or non-Federal question(s) or hypothesis(es) to be carefully. funding sources when this is in the best tested. Before review, each application will interest of the Federal government or (b) Background and Significance be screened for applicant organization the applicants. ACYF may also solicit (maximum of 19 points). The eligibility. Applications from ineligible comments from ACF Regional Office application provides a thoughtful organizations will not be reviewed in staff, other Federal agencies, interested discussion about the current state of the competition, and the applicants will foundations, national organizations, knowledge related to the research be so informed. specialists, experts, States and the problem addressed by presenting a Only agencies and organizations, not general public. These comments, along review of the relevant literature, individuals, are eligible to apply under with those of the expert reviewers, will including any pilot tests, in order to this Announcement. All applications be considered by ACYF in making establish the need for the study as a developed jointly by more than one funding decisions. replication to validate existing agency or organization must identify a In making decisions on awards, ACYF knowledge or a new study to fill a single lead organization and official may give preference to applications knowledge gap. Applicants also must applicant. Participating agencies and which focus on: over-represented or indicate how the proposed study organizations can be included as co- under-served populations; substantially findings are expected to significantly participants, subgrantees, or innovative strategies with the potential inform policy, improve practice, and/or subcontractors. For-profit organizations to improve theory or practice in child advance the science of child abuse and are eligible to participate as subgrantees welfare and child protective services; a neglect research. Bibliographic or subcontractors with eligible non- model practice or set of procedures that references for all citations should be profit organizations under all priority holds the potential for replication by included. areas. organizations that administer or deliver (c) Methodology (51 points). The Any non-profit agency must submit child welfare and/or child protective application precisely defines the terms proof of non-profit status either by services; substantial involvement of and variables used in the study; making reference to its listing in the volunteers, where appropriate; identifies data sources, data collection Internal Revenue Service’s (IRS) most substantial involvement (either financial processes and instruments, including recent list of tax-exempt organizations or programmatic) of the private sector; the instruments’ reliability and validity or by submitting a copy of its letter from a favorable balance between Federal and with the population proposed; and the IRS under IRS Code Section non-Federal funds available for the describes the data analysis plan. If the 30750 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices study proposes to do secondary data The application describes the describes the responsibilities, activities, analysis, the application describes qualifications of the key staff and and/or training plans for each (if access to the data source. consultants alluded to in the methods applicable). The application proposes The application describes the section (a curriculum vitae for each key reasonable project costs and allocates characteristics of the target population staff person must be included with the sufficient funds appropriately across and the rationale, strengths, and application); the geographic activities to accomplish the objectives. potential limitations for interpretations accessibility of the personnel proposed; The application, when appropriate, of findings due to the gender and ethnic and access to special personnel identifies the kinds of data to be composition of the proposed study resources to be tapped, if required. collected and maintained, describes sample; depicts recruitment and The application describes the procedures for informed consent of retention procedures; provides realistic adequacy of the available facilities and participants, where applicable, and estimates of attrition, and discusses organizational experience to perform the discusses the criteria to be used to appropriate procedures for handling pertinent tasks of the proposed project evaluate the results of the project. The attrition or interpreting the findings of effectively and efficiently. application describes the evaluation the study in light of attrition. Organizational capability statements methodology that will be used to The proposed methodology protects included with applications should be no determine if the process proposed was human subjects; reflects sensitivity to longer than two pages. If collaboration implemented, if the needs identified ethical issues that may arise and is proposed, the nature and extent of the were addressed, and if the benefits provides for reporting suspected abuse collaboration must be described in expected were achieved. and/or neglect as governed by detail, and supported by letters of (c). Results or Benefits Expected (20 applicable laws and regulations; commitment. points). The application identifies the describes procedures for soliciting The application describes the results and benefits to be derived, the approval from an institutional review relationship between this project and extent to which they are consistent with board (IRB), if applicable, and any other Federally assisted work the goals and objectives, and their protecting the integrity and planned, anticipated, or underway, by contributions to policy and practice. confidentiality of data. the applicant. The extent to which the proposed The applicant(s) commits to using All demonstration and training and project costs are reasonable in view of data processing and documentation technical assistance applications will be the expected results. practices in accordance with the needs evaluated against the following criteria: (d). Staff Background and of the National Data Archive on Child (a). Objectives and Need for Organization Experience (25 points). Abuse and Neglect and to providing Assistance (20 points). The application The application identifies the study data to the Archive at the pinpoints the problem or issue requiring educational and professional conclusion of the project, as applicable. a solution and demonstrates the need background of the project director/ A manual describing such practices, for the assistance; states the principal principal investigator and key project The Preparation of Data Sets for and subordinate objectives of the staff and the experience of the Analysis and Dissemination: Technical project; provides supporting organization to demonstrate the Standards for Machine-Readable Data, documentation or other testimonies applicant’s ability to administer and can be obtained free of cost from the from concerned interests other than the implement the project effectively and National Data Archive on Child Abuse applicant; identifies other successful efficiently. The role of the author(s) of and Neglect located at Cornell demonstration projects that may have this proposal in relation to the work University, Family Life Development implications for the proposed plan and administrative structure Center, G20 MVR Hall, Ithaca, New demonstration (which may include a should be explicitly identified. The York 14853–4401, 607–255–7794. review of the relevant literature); application describes the relationships Applicants must confirm that the final identifies the conceptual or theoretical between the proposed project and other report will be prepared in the suggested framework for this model; and describes Federally assisted work planned, format to ensure its readiness for whether the proposed project replicates anticipated or underway by the dissemination by NCCAN and ACYF, if or modifies previously evaluated applicant. If the project proposed is a desired. model(s) addressing the identified need. collaboration, the application must The application provides a fiscally The application must pinpoint the describe the nature and extent of the responsible and workable plan of action; location of the project and area and collaboration including the details a reasonable time-line and target population to be served. responsibilities of the respective dates; includes an adequate staffing (b). Approach (35 points). The agencies in carrying out the activities plan, listing key and support staff, application outlines a sound and identified in the work-plan. consultants, any agency, organization, workable plan of action and time-line other key group, and/or advisory panels and details how the proposed work will D. Structure of Priority Area involved or proposed; describes the be accomplished; describes the Descriptions responsibilities, activities, and/or approach in detail and points out its Each priority area description is training plans for each, if applicable. unique features; cites factors which composed of the following sections: The application explicitly identifies the might accelerate or delay this approach, Eligible Applicants: This section role of the author(s) of this proposal in giving acceptable reasons for taking this specifies the type of organization relation to the work plan and approach as opposed to others; eligible to apply under the particular administrative structure. describes and supports any unusual priority area. Specific restrictions are The application proposes reasonable features of the project, such as noted where applicable. project costs and allocates sufficient extraordinary social and community Purpose: This section presents the funds across component areas. This involvements; includes an adequate basic focus and/or broad goal(s) of the information also must be included in staffing plan, that lists key and support priority area. the budget narrative. staff, consultants, any agency, Background Information: This section (d) Staff Background and organization, other key group, and/or briefly discusses the legislative Organizational Experience (25 points). advisory panels involved or proposed; background and the current state-of-the- Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30751 art and/or current state-of-practice The size of the actual awards will vary support and family preservation supporting the need for the particular from priority area to priority area. programs on child abuse and neglect. priority area activity. Relevant Each priority area description Almost all concurred with the direction information on projects previously specifies the maximum Federal share of of this priority. Some writers suggested funded by ACYF and/or others, and the project costs and the anticipated that the target populations and the target State models are noted. number of projects to be funded. findings needed greater clarity. By Minimum Requirements for Project ‘‘Budget period’’ is the interval of designating four populations of interest Design: This section presents the time (usually 12 months) into which a and four outcomes, the impression may minimum requirements which must be multi-year period of assistance (project have been given that all four addressed in response to the evaluation period) is divided for budgetary and populations and all four outcomes were criteria. For research projects, these funding purposes. ‘‘Project period’’ is to be included in each proposal, requirements relate to project objectives, the total time a project is approved for creating projects of scope and background and significance, support, including any extensions. complexity exceeding available funding. methodology, staff background and Where appropriate, applicants may Many criticisms targeted the lack of organizational experience. For propose project periods which are clarity between the priority area and demonstration projects, these shorter than the specified maximums. ongoing Federal evaluations of family requirements relate to objectives and Non-Federal share contributions may support and family preservation need for assistance, approach, results or exceed the minimums specified when services. The proposed population benefits expected, and staff background the applicant is able to do so. However, categories and outcomes described in and organizational experience. applicants only should propose a non- the previous announcement were Reviewers will use the details expected Federal share they can realistically intended to focus applicants’ thinking under these headings in response to provide because ACF will disallow any on populations and outcomes of each priority area to evaluate the unmatched Federal funds. primary interest to NCCAN. If this topic For multi-year projects, continued applications. is pursued, applicants should feel free Federal funding beyond the first budget to suggest (and justify) other Project Duration: This section period depends upon satisfactory specifies the maximum allowable populations or subgroups and outcomes, performance by the grantee, availability and select only those logically and project period; it refers to the amount of of funds from future appropriations, and time for which Federal funding is appropriately related to the outcomes, a determination that continued funding theoretical foundation, research available. is in the best interest of the Government. Federal Share of Project Cost: This methods and measures proposed. section specifies the maximum amount F. Priority Area Descriptions and Regardless of population and outcomes, of Federal support for the project for the Requirements each applicant will be expected to first budget year. propose explorations that will inform 1.01 University-Based Doctoral or future prevention and intervention Matching Requirement: This section Medical Student and Faculty strategies. With respect to the lack of specifies the minimum non-Federal Fellowships in Child Abuse and sufficient funding for large-scale contribution, either cash or in-kind Neglect explorations of Child Protective Service match, required in relation to the 2.01 Demonstration Models on Neglect (CPS) populations and service maximum Federal funds requested for 2.02 National Resource Center on outcomes, this topic has been subsumed the project. Child Maltreatment in the list of suggested topics for Anticipated Number of Projects To Be On October 25, 1994 (Federal Register university-based doctoral or medical Funded: This section specifies the Vol. 59, No. 205, pp. 53652–53657) student and faculty fellowship studies. number of projects ACYF anticipates NCCAN published, as required by the Regarding field-initiated research, funding under the priority area. authorizing legislation, a notice of the which was not included as a separate Applications that fail to comply with proposed research and demonstration topic in the proposed priorities, several the specific priority area requirements priorities for Fiscal Years 1995 and respondents suggested reinstating the in the section on ‘‘Eligible Applicants’’ 1996. The notice provided a 60-day previously funded priority area because will not be reviewed. period for public comment on the it focused the innovative thinking of the Non-responsiveness to the section proposed areas. NCCAN received 81 research community specifically on ‘‘Minimum Requirements for the Project written responses. A detailed issues of child maltreatment. NCCAN, Design’’ is likely to result in a low description of those responses was recognizing the importance of evaluation score by the reviewers. included in the notice of availability of innovative research from the field and Applicants must clearly identify the funds and request for applications has taken those comments into specific priority area under which they published on May 9, 1995 (Federal consideration in developing this wish to have their applications Register Vol. 60, No. 89, pp. 24700– announcement. considered, and tailor their applications 24732). The priority areas selected for Twenty-five comments addressed the accordingly. Experience has shown that that announcement were chosen by proposal to develop models for centers an application which is broader and prioritizing needs, matched to available of excellence in research. A number of more general in concept than the funding levels, with due consideration respondents questioned this approach priority area description calls for of the public comments on the proposed and suggested alternatives for invariably scores lower than one more priorities. This announcement is based configuring research centers, such as clearly focused on, and directly on the proposed priority publication developing partnerships with for-profit responsive to, the specific priority area. and public comments. Public responses companies, universities, or other to those proposed priority topics which agencies. Seventeen respondents E. Available Funds were not presented in previous supported this priority area as it was The ACYF intends to award new announcements are described here. described. Many comments in both grants resulting from this announcement Thirty-seven letters commented on categories supported the graduate during the fourth quarter of Fiscal Year the proposed research topic focusing on research and medical research 1996, subject to the availability of funds. the impact of community-based family fellowships issued previously. Both 30752 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices topics were intended to support the child protective service and child to conduct research on critical issues in continued development of a research welfare systems. There is a compelling child abuse prevention, identification, infrastructure and to attract new need to generate knowledge about these and treatment in order to cultivate the researchers to the field. These goals populations through research based academic infrastructure, support the have been combined in priority area upon conceptual frameworks that growth of the university-based research (1.01) for a block of fellowships for include appropriate cultural and capacity for child abuse and neglect, doctoral or medical students and a sociological perspectives. Researchers and encourage doctoral-level students faculty member to conduct child abuse with experience or the potential to and faculty to pursue careers in child and neglect research. examine over-represented and/or under- abuse and neglect research. Seventeen responses addressed the served populations can make significant Background Information: The two priority areas proposing service and unique contributions to knowledge research community has highlighted the demonstrations on models for neglect. about child abuse and neglect, diversity, need to draw new researchers into the Thirteen made suggestions for and over-representation. Applications field of child abuse and neglect improving the priority area, only one from Historically Black Colleges and (Understanding Child Abuse and did not support the priority. Comments Universities may receive special Neglect, National Research Council, focused primarily on clarifying the consideration, in concurrence with Washington, D.C.: 1993). During FYs populations to be served and studied, Departmental precedent. 1991, 1992, and 1994, NCCAN funded the service approaches to be Applicants are strongly encouraged to 26 graduate research fellowships for demonstrated, and the partnerships build new studies on the findings of doctoral candidates to complete required between the proposed previously funded NCCAN grants. dissertations addressing critical issues organization and child protection Information on prior research and in child abuse and neglect. This activity service agencies and/or community- demonstration projects supported by proved rewarding for NCCAN and based programs. Many writers suggested NCCAN and other studies on child garnered the support of the field. additional populations meriting study maltreatment are available from the NCCAN is expanding this effort to (e.g., families with substance abuse and Clearinghouse on Child Abuse and include doctoral students, medical addiction problems, families Neglect Information, P.O. Box 1182, students, residents, or fellows, and experiencing domestic violence, parents Washington, DC 20013, (1–800–FYI– faculty interested in pursuing child with mental retardation, families of 3366). The Clearinghouse (a member of abuse and neglect research projects. adoption, and families with children the Consortium of Clearinghouses) can Faculty, doctoral students, and students with special needs). Respondents provide information on the other in medical schools, resident or fellows expressed the need to select clearly Clearinghouses and Resource Centers programs are encouraged to apply for defined, homogeneous populations in having special information resources on support through their schools and order to conduct rigorous research and substance abuse and domestic violence. interdisciplinary programs in social have generalizable findings. With regard 1.01 University-Based Doctoral or sciences, human development, to the two approaches discussed in the Medical Student and Faculty community and family development, announcement (ecological and Fellowships in Child Abuse and Neglect human services, social work, medicine, psychosocial), over half supported a nursing, special education, early combined approach. The remainder Eligible Applicants: Institutions of childhood education, psychology, stressed the importance of matching the higher education, including medical sociology, anthropology, public health, approach to client needs, available schools, teaching hospitals, and child study, minority studies, and resources, and selection of outcome Historically Black Colleges and criminology. variables and measures. Those Universities on behalf of qualified comments have been incorporated into doctoral students, medical students, NCCAN proposes to award funds for the priority appearing in this residents (medical, surgical, pediatric, fellowships in blocks to eligible announcement. Based on comments, the or others), house officers, or fellows institutions. Each institutional block project length will be expanded to five enrolled in the institution and faculty would contain up to four students and years. employed by the institution. To be one faculty member. The students and Ongoing infrastructure support eligible to administer such a grant, the faculty member may pursue their own activities, such as resource centers and institution must be fully accredited by individual research or work on training and technical assistance one of the regional institutional coordinated projects on child abuse and activities, also received support for accrediting commissions recognized by neglect. In addition to submitting all the continuation. the U.S. Secretary of Education and the required reports to NCCAN, the faculty Other respondents indicated the need Council on Post-Secondary member’s work may lead to publications to acknowledge the role parental Accreditation, the Accreditation and the students’ work may lead to their substance abuse and domestic violence Council for Graduate Medical doctoral dissertations or fulfill the may play in preventing and treating Education, American Association of requirements of a major research project child abuse and neglect regardless of Medical Colleges, or the Liaison (e.g., independent study projects topic focus. NCCAN supports including Committee for Medical Education, as requiring a minimum commitment of 6 these issues, as appropriate, and will applicable. While an individual is to 9 graduate credit hours). reiterate in the priority area descriptions considered to be the beneficiary of the Institutions will be selected the need to focus on parental substance grant support, awards will be made only competitively, with attention to abuse and domestic violence as to eligible institutions on behalf of their geographic distribution, and with at important issues, as research study qualified candidates. least one grant to Historically Black variables, and as co-occurring problems Purpose: To provide support for Colleges and Universities (HBCU) in in demonstration projects. doctoral students, medical students, order to generate research and NCCAN encourages applications from residents, house officers, or fellows, researchers particularly responsive to applicants who bring a special who show promise and demonstrate issues of cultural context and the over- understanding of the dynamics of serious interest and commitment to representation of some groups in child communities over-represented in the issues of child maltreatment and faculty protective systems. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30753

Examples of the proposed topics to be abuse; cases involving substance abuse application, and attachments may be up addressed and issues to be studied for and/or domestic violence are also of to 100 pages. Human Subjects these fellowships include, but are not interest. Type of services and Assurances must be completed for each limited to, the following topics: (1) moderating variables that impact the individual proposal; however, all other Prevention effectiveness studies; (2) CPS outcomes of service should be carefully assurances should be submitted only service interventions and outcomes defined. Family and child outcome once, by the institutional applicant. The studies; (3) treatment outcome studies; variables might include service impacts academic institution, in accepting the (4) studies focusing on over-represented on: (a) Child health and development, award, agrees to waive overhead charges and/or under-served populations in the child and family functioning, (indirect costs) and pass the entirety of child welfare and child protective recidivism, and frequency and duration the funds on to students and faculty as services; (5) studies of the impact of of removals from these families, if any; fellowships. managed care on child maltreatment (b) costs/cost effectiveness of service Minimum Requirements for Project prevention and treatment programs; and delivery approaches; (c) other issues Design: As part of addressing the (6) secondary analysis of existing data related to these three populations as evaluation criteria outlined in Part II of sets. Medical students, residents, and proposed by applicants. this announcement, each applicant must fellows are also encouraged to consider (3) Treatment outcome study topics of address the following items in the research on new medical screening, interest include studies of the program narrative section of the diagnostic, or interview protocol effectiveness of various approaches to proposal. techniques or treatments for child abuse the treatment of: (a) Children subjected and neglect. to multiple forms of maltreatment; (b) Objectives NCCAN has a general interest in child abuse and domestic violence; and • Pinpoint the research problem research conducted in cooperation/ (c) child abuse and substance abuse; or being addressed. partnership with State or local Child other subtopics related to these three • State the specific objectives of the Protective Services/child welfare areas, as proposed by applicants. study. systems, prevention-oriented and/or (4) Studies exploring the unique • State the question(s) or service-providing community-based cultural dynamics of communities over- hypothesis(es) to be tested. organizations and/or systems, and represented in the child protective teaching hospitals with service and child welfare systems; Background and Significance multidisciplinary child protection studies generating knowledge about the • Discuss the current state of teams. conceptual frameworks, sociological, knowledge related to the research (1) Prevention effectiveness study psychological, and cultural perspectives problem. topics might include tests of which can inform interventions • Provide a review of the relevant effectiveness for various models of operating in these communities; literature, including any pilot tests. developmentally appropriate, examinations of over-represented and/or • Demonstrate a conceptual comprehensive prevention services in under-served populations; or other framework that includes appropriate various settings; effectiveness of topics related to cultural dynamics as cultural perspectives and references parenting education and peer-support proposed by applicants. theory or craft knowledge in support of parent programs; studies of how (5) Studies of the impact of managed the study. interactions between fathers and care on the delivery of child • Establish the need for the study as children promote or reduce the risk of maltreatment prevention and treatment either a replication to validate existing child maltreatment; studies of the programs. knowledge or as a new study to fill a relationship of parental discipline (6) Secondary analysis of existing knowledge gap. If applicable, indicate practices and child maltreatment; or data. NCCAN encourages the use of NIS, how the proposed study is other topics related to prevention NCANDS, data-sets collected through distinguished from other on-going effectiveness as proposed by applicants. other ACF-funded awards, and data research of which it is a part. (2) Research studies on CPS service stored at the National Data Archives on • Indicate how the proposed study interventions and outcomes with Child Abuse and Neglect located at findings significantly inform policy, particular interest on families: (a) Cornell University, Family Life improve practice, and/or advance the Referred to CPS, whose cases were Development Center, G20 MVR Hall, science of child abuse and neglect unsubstantiated or unfounded, but were Ithaca, New York 14853–4401; research. found to need services, and were telephone: 607–255–7794. • Include all bibliographic references. referred for, or provided services, whose Each applicant institution should cases are now open or closed; (b) follow- prepare a single submission packet Methodology up studies with families whose child composed of (up to) five individual • Describe the proposed abuse or neglect cases were research proposals. Each individual methodology. Define the terms, substantiated or indicated, who received proposal will be evaluated against the variables, and design to be used in the services that might have included short- criteria for evaluating research projects. study. term placement and reunification, and For this priority area only, an exception • Describe the population and whose cases are now closed; and (c) is made regarding the 60-page limit sampling plan, the rationale, strengths, families whose child abuse or neglect described elsewhere in this and potential limitations for cases have been substantiated or announcement. However, the text of interpretations of findings due to the indicated, who are receiving services each individual proposal should not gender and ethnic composition of the which might include short-term exceed a maximum of 15 pages. The proposed study sample. placement and reunification, and whose total text for the five proposals cannot • Describe recruitment and retention cases are currently open. We are also exceed a maximum of 75 pages. procedures; provide realistic estimates interested in system responses to cases Application forms and all required of attrition, and discuss appropriate involving multiple forms of abuse. attachments can add up to 25 more procedures for handling attrition or NCCAN encourages studies on the pages. Thus the total length of the interpreting the findings of the study in combination of neglect and physical institutional submission, including text, light of attrition. 30754 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

• Identify data sources, data • Include a short resume for each Background Information: Child collection procedures, and instruments, candidate (limit to one page) including neglect is the most common form of including information on reliability and information on education and relevant child maltreatment today. According to validity of the instruments with the experiences. the latest NCANDS data available (Child population proposed. If the study • Describe the relationship between Maltreatment 1994: Reports from the proposes secondary data analysis, this project and any other Federally- States to the National Center on Child describe access to the data source. assisted work planned, anticipated, or Abuse and Neglect), 52.9% of all cases Describe data management to safeguard underway, by the applicant. substantiated by child protection service the integrity and confidentiality of data. • Provide assurances that each agencies are neglect cases. Since • Describe the plan to prepare study candidate will attend a three-day annual NCANDS began tracking cases, neglect data according to sound data processing spring meeting of NCCAN research has been the predominant type of and documentation practices in grantees in Washington, D.C.; prepare a maltreatment. This is also true of the accordance with the needs of the pre-meeting abstract of the research, NIS data. Yet, efforts to focus attention National Data Archive on Child Abuse quarterly progress reports, and a final on neglect have lagged significantly and Neglect. project report in an NCCAN-suggested behind other forms of maltreatment. • Provide a data analysis plan. format ensuring ease of dissemination Research indicates that the • Assure protections for human and utilization; prepare and submit at consequences for children who are subjects; describe procedures for the conclusion of each individual study, neglected have a long-term negative soliciting approval from an institutional the data in accordance with the needs impact. Child victims of neglect fail to review board (IRB), if applicable. develop secure psychological • of the National Data Archive on Child Reflect sensitivity to ethical issues Abuse and Neglect, as described. attachments as infants, and this that may arise and make provision for Project Duration: The length of the seriously hinders their subsequent reporting suspected abuse and/or project may not exceed 17 months. development. Neglected preschool children demonstrate a lack of readiness neglect as governed by applicable laws Federal Share of the Project Costs: for learning, behavior problems, and and regulations. The maximum Federal share of the • Provide a fiscally responsible and less active interaction with peers. project is not to exceed $75,000 per workable plan of action; detail a School-aged neglected children do university or institution to fund up to reasonable time-line and target dates; poorly in school. The connection four student-candidates at $13,750 each include an adequate staffing plan, between delinquency and neglect is less and $20,000 for the faculty candidate. listing key and support staff, clear, although according to some Matching Requirement: There is no consultants, any agency, organization, preliminary data from the U.S. matching requirement. other key group, and/or advisory panels Department of Justice’s National involved or proposed; describe the Anticipated Number of Projects to be Institute of Justice (Research Preview, responsibilities, activities, and/or Funded: It is anticipated that 3 sites will February 1996), adolescents neglected training plans for each, if applicable. be funded. as children were equally likely to be • Describe strategies for 2.01 Demonstration Models on Neglect arrested for violent crimes as physically disseminating the findings in a manner abused children. Neglected children that would be useful to other Eligible Applicants: Public or private under age 3 are at high risk for child researchers and practitioners in the nonprofit agencies, organizations, and fatalities. Parents of neglected children field. institutions of higher learning. For- are also more likely to: have limited profit organizations are eligible to intellectual functioning; experience Staff Background and Organizational participate as subgrantees or depression; abuse alcohol and drugs; Experience subcontractors of eligible non-profit and have limited education (Gaudin, • Include evidence that the student organizations. Polansky, Kilpatrick and Shilton. candidates are enrolled and in good Purpose: The intent of this priority ‘‘Loneliness, Depression, Stress and standing as doctoral or medical area is to fund service models that Social Supports in Neglectful Families,’’ students, residents, or fellows in the address the prevention, intervention, October 1993, American Journal of sponsoring institution and verify the and treatment needs of neglected Orthopsychiatry, Vol. 63, No. 4, pp. employment status of the faculty children and their families. These 597–605). candidate. models should provide for (a) early To address one aspect of this problem, • Document the agreement between identification of families at risk of NCCAN convened a symposium on the dean or chairperson and the faculty neglect, (b) identification of chronically chronic neglect in June 1993. Building candidate indicating that the faculty neglectful families, and (c) neglected upon lessons learned from previous candidate will be permitted to conduct children (in placements or reunified) demonstration models on neglect, the the research project as part of his/her who may be in need of special services. symposium addressed consensus- academic duties, and if needed, that a Projects may either present innovative building on definitions, strategies for senior faculty member would be approaches or be replications of change through empowerment, research, available to guide the project. previously evaluated and promising treatment and policy topics. The • Include a letter of support from a models. In either case, proposed models Chronic Neglect Symposium tenured faculty member, advisor, Dean, should build on previous research Proceedings (1993) are available from or Chairperson for each student seeking findings and NCCAN-sponsored the NCCAN Clearinghouse (800–394– a fellowship, recommending the symposium findings; they should also 3366). A number of studies referred to student’s capability to undertake a incorporate mental health, substance in the Proceedings suggest that research project of this nature. abuse, parenting education, and family programs for neglectful families based • Describe the corporate capability of support services. They should collect on building interpersonal strengths, the institution to support a research data on the costs and potential cost fostering individual empowerment, and initiative, in terms of the existing benefits of providing the proposed ensuring the provision of basic human research infrastructure and academic services. A strong evaluation component needs in a safe environment were most climate. will be essential. likely to improve parenting, self-esteem Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30755 and coping ability among the neglectful networks, and the assistance of NCCAN is especially interested in population. volunteers or paraprofessionals as home examinations of core services and Designing services for families that visitors or parent aides, appear to be studies of essential elements in neglect children is a challenge. Both beneficial’’ to families reported for treatment, and outcome studies. Projects ecological and psycho-social factors neglect. The study concluded that which address issues related to family influence the manifestation of neglect. families were able to reverse their preservation and family support are The many differences among neglectful neglectful child-rearing patterns with encouraged as are demonstrations families, including cultural and this model of service. DePanfilis related to treatment outcomes and sociological distinctions, dictate a (‘‘Social Isolation of Neglectful Families: practitioner evaluations. service model based on careful A Review of Social Support, Assessment Minimum Requirements for Project assessment of the family and services and Intervention Models,’’ February Design: As part of addressing the designed specifically for them. 1993, Child Maltreatment, Vol. 1, Issue evaluation criteria outlined in Part II of Projects may be based on either an 1, pp. 37–52) also has suggested that this announcement, each applicant must ecological, i.e., a neighborhood model, programs that address the social address the following items in the or the psycho-social model. If a project isolation of neglectful parents by program narrative section of the chooses the ecological model, it must be teaching them social and interactional proposal. aggressive in its outreach to the skills work well. Objectives and Need for Assistance community; conversely, if a project Gaudin, et al., also found that family • chooses to follow the psycho-social dynamics explains a significant portion Pinpoint the child neglect-related model, it must include home-based/ of the variance in quality of parenting problem or issue that needs to be family support services, parenting and neglect. Depression and substance addressed and establish the need for education, substance abuse and mental abuse, for example, have been suggested assistance; state the principal and health services in its approach to as powerful forces in family dynamics subordinate objectives of the project. addressing neglect. and mediators of neglect. State goals and objectives in specific, The U.S. Advisory Board on Child Recent work by the Kansas measurable form for evaluation Abuse and Neglect focuses on the purposes. Cooperative Extension Service (Smith, • ecological aspects in their report, C.A., Cudaback, D., Goddard, H.W., & Identify the conceptual framework Neighbors Helping Neighbors (1993). Myers-Walls, J., 1994, National used as the basis for the proposed model The report recommends several Extension Parent Education Model) may and provide a review of the relevant strategies for strengthening provide a useful guide for designing the literature; include information about neighborhoods and improving the parent education component of a similar successful demonstration quality of support available to families comprehensive psycho-social model. projects that may have implications for within their own communities, as a Parent education can help parents in the proposed demonstration; and national strategy for the protection of many ways including: learning to care provide supporting documentation or children. Recommendations include: other testimonies from concerned • for themselves, managing personal Involving residents as participants, stress, managing family resources; interests other than the applicant. • Demonstrate an awareness of planners and managers of neighborhood providing children with current initiatives in the field and how services, developmentally appropriate • Encouragement of foster the approach being proposed would opportunities and learning appropriate grandparent programs, build on this work. disciplinary techniques; maintaining • Empowerment through home • Describe whether the proposed developmentally appropriate ownership, project replicates or modifies a expectations of children; improving • Implementing prevention zones by previously-evaluated model which communication skills, building social public/private partnerships, and addresses the identified need. • Funding more family resource support systems; and learning to access • Identify the precise location of the centers. community, social service, and family project, community, and population to The importance of neighborhoods in support resources. be served by the proposed project. combatting neglect is also emphasized Structurally, these projects are in the 1994 Kids Count Data Book (The intended to function cooperatively as a Approach Annie E. Casey Foundation, pp. 4–7). cluster. NCCAN proposes funding a • Describe the approach in detail and The report issued by the National minimum of four demonstration point out its unique features including Research Council (NRC, 1993, pp. 50– projects on neglect. Participation in a sensitivity to cultural, sociological, 52) also highlights the ecological cluster affords the grantees the greatest psychological, and ethnic dynamics aspects. That report states that opportunities to cooperate and which have affected the choice of ‘‘dysfunctional families are often part of collaborate. NCCAN will assist this approach. a dysfunctional environment’’ (p. 60). cooperation by providing assistance • Describe a sound and workable plan Its recommendations for intervention through a technical assistance contract, of action and time-line which match the programs include: home-based encouraging meetings to develop scope of the project and explain how the approaches, improving socio-economic common evaluation criteria, data proposed work will be accomplished. conditions and reversing social elements, and measures to maximize • Cite factors which might accelerate isolation. comparability of evaluation findings. or delay this approach, giving Other research focuses on the psycho- Evaluations will be required of each acceptable reasons for taking this social foundations of neglect. demonstration project. Priority will be approach as opposed to others. DiLeonardi (‘‘Families in Poverty and give to those who provide evidence of • Include an adequate staffing plan, Chronic Neglect of Children,’’ partnership between CPS/IV-B agencies listing key and support staff, November 1993, Families in Society, which provide Family Preservation/ consultants, any agency, organization, Vol. 74, No. 9, pp. 557–562), reported Family Support services and other key group, and/or advisory panels that ‘‘family empowerment, the use of community-based mental health/family involved or proposed; describe the groups to develop social support resource centers. responsibilities, activities, and/or 30756 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices training plans for each (if applicable). If exceed the amount specified above for prevention, identification, and the proposed project is a collaboration, the first budget period based on a treatment services. the application must describe the nature comprehensive needs assessment The NRCCM will have a central role and extent of the collaboration and the submitted by the grantee and the helping States, local agencies and Tribes responsibilities of the respective availability of funds. to improve and strengthen child agencies in carrying out the activities Matching Requirement: Grantees must maltreatment prevention, identification, identified in the work-plan. provide a non-Federal share or match of and treatment services for children and • Propose an evaluation plan. Discuss at least 25 percent of the Federal funds their families. This will be the methods and criteria to be used to awarded. The non-Federal share may be accomplished by collaborating and evaluate the process, outcomes, or met by cash or in-kind contributions, coordinating with related impacts of the project in terms of the although applicants are encouraged to Administration on Children, Youth and objectives of the project. Identify the meet their match requirements through Family (ACYF) funded Resource kinds of data to be collected and cash contributions. Therefore, a five- Centers, Training and Technical maintained for this purpose. An year project requesting $750,000 in Assistance Networks, contractors, and external evaluator may be hired or an Federal funds (based on an award of Clearinghouses, especially with those internal evaluation may be designed. It $150,000 per 12-month budget period) funded by the National Center on Child is recommended that approximately 15 must include a match of at least Abuse and Neglect (NCCAN), Children’s percent of the proposed budget be set $187,500 ($37,500 per budget period). Bureau (CB), and the Family and Youth aside for evaluation efforts. Anticipated Number of Projects To Be Services Bureau (FYSB). The NRCCM Funded: It is anticipated that a must possess the expertise, knowledge Results or Benefits Expected minimum of four projects will be and skill to provide quality training, • Identify the results and benefits to funded. technical assistance, consultation, and be derived by clients, community, 2.02 National Resource Center on appropriate materials and information agency, and NCCAN as a result of the Child Maltreatment to relevant target audiences, both public implementation and evaluation of this and private. project. Discuss how project findings are Eligible Applicants: Any State, local, Specific training, technical assistance, likely to improve practice and inform public or private non-profit agency or consultation and related material and policy related to neglectful families. organization, including accredited information needs of publicly- • Justify proposed project costs in colleges and universities, may apply administered or supported child view of the expected results. under this announcement. Applications maltreatment prevention, identification • Describe strategies for developed jointly by State, local, and and treatment service agencies will be disseminating findings to other community-based social service identified in consultation with NCCAN practitioners in the field. agencies, foundations, colleges or Central Office staff, the ten ACYF universities and private non-profit Regional Offices, the State agency staff, Staff Background and Organization organizations that bring complementary and plans for meeting those needs will Experience expertise to bear on the resource needs be coordinated with representatives of • Identify the educational and of the child maltreatment field are NCCAN, CB and FYSB funded Resource professional background of the project encouraged. Centers, Training and Technical director and key project staff. Purpose: The primary purpose of the Assistance Networks, contractors, and • Describe the organization’s ability National Resource Center on Child clearinghouses. Similarly, the need for to administer and implement the project Maltreatment (NRCCM) is to deliver ancillary activities to support delivery effectively and efficiently. direct, on-site, as well as state-of-the-art of training and technical assistance, • Identify precisely the role of the communication, technology-based consultation, advice, materials and author(s) of this proposal in relation to training, technical assistance, information for private organizations the work plan and administrative consultation, and related resource and agencies, including disability structure. materials and information to State, organizations, and individuals who • Describe the relationships between local, Tribal, and other publicly- work in the field of child maltreatment, the proposed project and other administered or supported agencies and will be identified in consultation with Federally assisted work planned, organizations that work in child the relevant organizations, agencies anticipated, or underway by the maltreatment prevention, identification and/or individuals. applicant. and treatment services, (e.g., Child Background Information: Section • Provide assurances that at least one Protective Service agencies, Children’s 105(b)C of the Child Abuse Prevention key staff person will attend an annual Justice Act grantees, Prevention and Treatment Act (CAPTA), as three-day meeting in Washington, DC. grantees, and Tribal agencies and amended, requires NCCAN to provide • Grant recipients will be expected to Organizations) to build their capacity technical assistance to public and follow an NCCAN-suggested format in for developing, expanding, private agencies and organizations, preparing final program reports and strengthening and/or improving the including disability organizations and copies of final reports and other quality and effectiveness of such persons who work with children with products shall be provided to the services for child victims of disabilities, to assist such agencies and Clearinghouse. maltreatment and their families. A organizations in planning, improving, Project Duration: The length of the second purpose of the NRCCM is to developing and carrying out programs project must not exceed a five-year engage in ancillary activities which and activities related to the prevention, period. support the delivery of training and identification, and treatment of child Federal Share of Project Cost: The technical assistance to the field, and to abuse and neglect. maximum Federal share of this project provide advice, consultation, materials Section 106(b) of CAPTA, as is not to exceed $150,000 for the first and information, as requested, to private amended, requires Resource Centers to 12-month budget period or a maximum organizations and agencies, including be established that serve defined of $750,000 for a period of five years. disability organizations, and individuals geographic areas; that are staffed by Funding for subsequent years may engaged in child maltreatment multi-disciplinary teams trained in the Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30757 prevention, identification and treatment neglected children known to State child complex, multiple problem cases, are of child abuse and neglect and that protective services agencies. Child confronting child maltreatment provide advice and consultation to Maltreatment 1994 discusses NCANDS prevention, identification, and individuals, agencies and organizations findings from 1994 data and presents treatment service programs. Throughout requesting such services. the overall child abuse and neglect data the country child maltreatment service To carry out this CAPTA mandate, in for the five years of data collection, 1990 agencies, practitioners, and university- Fiscal Year 1991, NCCAN supported a through 1994. According to this report, based personnel now are demonstrating National Resource Center on Child in 1994, 48 States reported that resiliency and creativity in response to Sexual Abuse, operated by the National 1,011,628 children were determined to these circumstances. Skilled child Children’s Advocacy Center, Huntsville, have been victims of abuse and neglect, maltreatment service professionals are Alabama, and a National Resource and State child protective services devising innovative solutions to Center on Child Abuse and Neglect, agencies received reports of alleged numerous challenges, more often than specializing in physical abuse and maltreatment involving more than 2.9 not, in the face of insufficient human, neglect, operated by the American million children. The report found that material, and financial resources. Humane Association, Denver, Colorado. 53 percent of maltreated children To meet the challenges of the current These Centers were funded through suffered neglect, 26 percent physical period, and overcome existing resource five-year cooperative agreements abuse, 14 percent sexual abuse, and 5 deficiencies, capacity-building is starting September 30, 1991 and ending percent emotional abuse, and 22 percent needed by State, local, Tribal and other on September 29, 1996. The functions of other forms of maltreatment. The loss of private agencies, organizations as well these resource centers were broadly life is the most severe repercussion of as individuals who are engaged in the defined. The major activities under each child abuse and neglect. Forty-three prevention, identification and treatment of these resource centers have been in States reported that 1,111 children died of child maltreatment. NRCCM is vital the areas of knowledge-building, as a result of abuse in 1994. to making the most of this opportunity dissemination of information, and The number of children who were the with training and technical assistance, consultation. The Centers also subjects of reports of alleged consultation, advice and provision of conducted a limited amount of training maltreatment increased from 2.6 million related resource materials and and technical assistance activities. in 1990 to 2.9 million in 1994. The information. Support for this newly To comply with the CAPTA mandate number of ‘‘substantiated’’ or conceptualized NRCCM reflects on a continuous basis starting with ‘‘indicated’’ victims of maltreatment NCCAN’s commitment to enhance the Fiscal Year 1996, NCCAN seeks to increased almost 27 percent from 1990 continuum of services for maltreated support a minimum of one but not more to 1994. Characteristics of victims were children and their families. than two National Resource Center(s) on consistent across the years. In each of The term ‘child maltreatment’ in this Child Maltreatment (NRCCM) through a the five years, neglect was the priority announcement is broadly cooperative agreement(s). This NRCCM predominant type of maltreatment. The defined to include child neglect, is expected to have qualified, multi- number of neglect victims was physical abuse, psychological disciplinary personnel trained in consistently more than two times the maltreatment, medical neglect, and prevention, identification, and number of physical abuse, the next most sexual abuse. treatment in the whole spectrum of common type of maltreatment. Almost ‘Cooperative agreement’ in this child maltreatment—child neglect, all of the victims were 8 years of age or announcement refers to Federal physical abuse, psychological younger; though a surprising 25 percent assistance in which substantial Federal maltreatment, and sexual abuse— were twelve years of age and older. involvement is anticipated. adequate resources, organizational, Fifty-two percent of all victims were Minimum Requirements for Project professional, and educational capability female and 46 percent were males. Design: As part of addressing the and the expertise to carry out the intent Child protective services agencies evaluation criteria outlined in Part II of of this announcement. identified almost 5,400 children who this announcement, each applicant must The decision to fund a minimum of died as result of abuse or neglect from address the following items in the one but not more than two resource 1990 through 1994. program narrative section of the centers starting with Fiscal Year 1996, Other recent studies using different proposal. reorienting the focus of the center(s) to reporting methodologies have estimated training, technical assistance, that many more children are being Objectives and Need for Assistance consultation, and delivering related abused than are ultimately verified by • Describe the training, technical materials and information, across the States. For example, preliminary results assistance, consultation, and related whole spectrum of child maltreatment, from the Third National Incidence materials and information needs of is made after taking into consideration Study of Child Abuse and Neglect (NIS– publicly supported/administered several factors. They include: the 3) estimate that almost three times the agencies and organizations engaged in lessons learned from the operation of State-reported number of children are child maltreatment prevention, two specialized resource centers during maltreated. identification, and treatment. Identify the past five years; funding limitations; In this context, the Federal the auxiliary activities needed to the need to avoid duplication of effort; government is redefining its support training, technical assistance, the need to maximize the use of Federal relationship with States and other child consultation to the field, and related dollars and its benefits for the field; the welfare agencies. The new partnership materials and information needs for requirement of field staff to deal with being forged is based upon the vision private organizations and agencies clients who often are victims of multiple wherein all concerned agencies engaged in child maltreatment types of abuse; current trends; and a collaborate and cooperate to provide a prevention, identification, and critical need to develop training and continuum of services to meet the needs treatment. technical assistance that will address of the increasing number of maltreated • Demonstrate awareness of training specific State needs. children and their families. This comes and technical assistance initiatives NCANDS is the primary source of at a time when steady increase in currently underway at State and national information on abused and caseloads, consisting of much more national levels. Describe how the 30758 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices proposal does not duplicate existing Family Resource and Support model • Justify the proposed project costs in efforts. projects initially funded by the Family view of the expected benefits and • State the primary and secondary and Youth Services Bureau (FYSB), and results. objectives of the proposed resource the Technical Assistance Resource Staff Background and Organization center in specific measurable terms. Coordination contract funded by the Experience Approach Children’s Bureau to assure effective utilization of resources and to avoid • Describe the full-time and part-time • Describe the proposed activities in duplication of efforts. staff, as well as project consultants, if detail; point out the scope and unique • Describe a plan for utilizing Federal any, with specific expertise, including features. educational qualifications, training, • List the type of training, technical funds and matching contributions to meet requests for on-site training, experience and discipline of each. assistance, consultation, advice, and • Identify precisely the role of the technical assistance, consultation, related material and information needs author(s) of this proposal in relation to materials, etc., from public agencies. to be provided. the work plan and administrative • Since the Resource Center will have Provide a plan for delivering structure. considerable, but finite, Federal funds, training, technical assistance, • Demonstrate the organization’s applicants must present strategies for consultation, materials and information ability to administer and implement the prioritizing requests and maximizing in response to the identified needs, from project effectively and efficiently. year one through year five (a minimum available financial resources, including • Describe the organization’s of one training and/or technical techniques such as, but not limited to, orientation to training and technical assistance activity in at least one of the subsidized cost-sharing arrangements assistance and any conceptual States in each of the ten ACYF regions with the service recipient State, local, frameworks to be used in designing and is expected during the first year; and Tribal agencies and/or delivering training and technical subsequent year’s activities will be organizations. Justify the proposed assistance (e.g., multi-disciplinary, phased in) and specify the delivery costs. inter-agency, cross-program, mode (e.g., principally on-site and in • Describe how on-going requests for comprehensive, collaborative). combination with the use of state-of-the- consultation and advice, and requests • Document a commitment to and art communications technology). for training, technical assistance, related experience in providing training, Include a time-line for the activities. materials and information from the technical assistance, consultation, and Cite factors which might accelerate or private agencies, organizations, and related materials and information, to delay this, giving acceptable reasons for individuals will be handled, including agencies and organizations, both public addressing these factors. techniques such as subsidized cost- and private, as well as to individuals • Include a staffing plan for each sharing. Justify the proposed costs. engaged in prevention, identification activity, listing key and support staff, • Describe a plan to ensure that the and treatment of child maltreatment consultants, any agency, organization, services and program activities of the among economically, racially, and other key group, and/or advisory panels Resource Center respond to cultural culturally diverse population, including involved or proposed; describe the issues, ethnically and culturally organizations and individuals who serve qualifications, responsibilities and sensitive activities are furnished to the maltreated children with disabilities activities for each person. populations being served, and the and their families. • Applications developed jointly by Resource Center staff is ethnically and • Describe the administrative and two or more organizations must identify culturally diverse, and reflective of the organizational structure and the a single lead agency to be the primary populations being served. management plan for the project. An administrator of the NRCCM and the • Describe a plan to continually organizational chart depicting these official recipient of the award; the other develop a national pool of professionals structures must be included. applicant may be named as co- • Describe the relationships between in the field to serve as consultants and applicant. Joint applications must the proposed project and other to link these individuals with agencies, delineate methods for coordinating Federally assisted work planned, organizations, and individuals activities and each organization’s anticipated, or underway by the requesting assistance. responsibilities and contributions to applicant. • completing the tasks identified in the Provide a plan for the NRCCM’s • Provide assurance that the NRCCM work plan. own evaluation of the quality of its will cooperate with a third-party • Present strategies for obtaining training, technical assistance, evaluator which will evaluate the input from the ten ACYF regional consultation, and provision of related operation of the center, its outreach, and offices, NCCAN central office, the State materials and information, including outcomes over the first two-year period and local agencies themselves. plans for eliciting consumer input. and agree to the principle that further • Describe a plan for coordinating Discuss the methods and criteria to be funding will depend on the evaluation and establishing effective linkages and used to evaluate the process, outcomes, findings. This evaluation will be funded collaborative working relationships with and impacts of the NRCCM. Identify the by NCCAN under a separate contract. relevant programs and other training kinds of data to be collected and • Provide assurances that two key and technical assistance providers maintained for the internal evaluations. staff persons would attend two annual funded by Federal agencies. This data must also be made available 1 or 2 day meetings in Washington, D.C. Specifically, NRCCM is expected to to an independent external evaluator, for the project directors of Resource and establish effective linkages and selected and funded by NCCAN. Research Centers and Clearinghouses appropriate coordination with the Results or Benefits Expected organized by the Children’s Bureau. Community Based Family Resource • Provide assurances that at least two Program, NCCAN Emergency Services • Identify the results and benefits to key staff members will attend up to six Technical Service Contractor, seven be derived from the project in terms of meetings in Washington during the first resource centers funded by the the objectives of the proposal and as year for periodic review of the work Children’s Bureau, the three statewide assessed by the evaluation. plan and/or attend various NCCAN- Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30759 sponsored grantee meetings. This Application forms are provided along signing and submitting the application, includes an initial meeting in with a checklist for assembling an applicants are providing the Washington, D.C. with the Federal application package. Please copy and certification and need not mail back the Project Officer and other NCCAN use these forms in submitting an certification with the application. management representative(s) within 30 application. Applicants must make the appropriate days of the award. Potential applicants should read this certification that they are not presently • Provide assurance that in situations section carefully in conjunction with debarred, suspended or otherwise where the applicant’s organizational the information in the specific priority ineligible for an award. By signing and position on a particular child area under which the application is to submitting the application, applicants maltreatment-related policy or practice be submitted. The priority area are providing the certification and need differs from the Federal position, the descriptions are in Part II. not mail back the certification with the application. Federal position will guide NRCCM A. Paperwork Reduction Act of 1995 activity and will be reflected in all Applicants will be held accountable public statements and publications of Under the Paperwork Reduction Act for the smoking prohibition in Pub. L. the NRCCM. of 1995 (Pub. L. 104–13), the 103–227, Part C Environmental Tobacco • Agree to enter into a Cooperative Department is required to submit to Smoke (also known as the Pro- Agreement which will require NCCAN OMB for review and approval any Children’s Act of 1994). A copy of the review and approval of work plans, reporting and record keeping Federal Register notice which including activities involving requirements or program implements the smoking prohibition is Headquarters and Regional Office staff, announcements. This program included with the forms. By signing and topics to be covered in training (training announcement meets all information submitting the application, applicants curricula, trainers manual, hand-outs), collection requirements approved for are providing the certification and need issues for technical assistance, topics for ACF grant applications under OMB not mail back the certification with the consultation, location and frequency of Control Number 0970–0139. application. All applicants for research projects training and technical assistance B. Availability of Forms activities, modes of training and must provide a Protection of Human Eligible applicants interested in technical assistance, any subcontracts Subjects Assurance as specified in the applying for funds must submit a and their work plans and budgets, and policy described on the HHS Form 596 complete application including the other materials prior to finalization by (approved by the Office of Management required forms at the end of this the grantee. and Budget under control number 0925– • Agree to work out the terms of the program announcement in Appendix B. 0137) in Appendix B. If there is a Cooperative Agreement and the In order to be considered for a grant question regarding the applicability of respective responsibilities of the Federal under this announcement, an this assurance, contact the Office of staff and the project staff prior to the application must be submitted on the Protection from Research Risks of the actual award. Standard Form 424 (approved by the National Institutes of Health at (301)- Project Duration: The length of the Office of Management and Budget under 496–7041. Those applying for or project must not exceed 60 months. Control Number 0348–0043). A copy currently conducting research projects Federal Share of the Project Costs: has been provided. Each application are further advised of the availability of The maximum Federal share of the must be signed by an individual a Certificate of Confidentiality through project is not to exceed $700,000 for the authorized to act for the applicant and the National Institute of Mental Health first 12 months. Funding for subsequent to assume responsibility for the of the Department of Health and Human years of the project may exceed the obligations imposed by the terms and Services. To obtain more information amount specified above for the first conditions of the grant award. and to apply for a Certificate of budget period based on a Applicants requesting financial Confidentiality, contact the Division of comprehensive needs assessment assistance for non-construction projects Extramural Activities of the National submitted by the grantee and the must file the Standard Form 424B, Institute of Mental Health at (301) 443– availability of funds. ‘‘Assurances: Non-Construction 4673. Matching Requirement: Grantees must Programs’’ (approved by the Office of C. Required Notification of the State provide a non-Federal share or match of Management and Budget under control Single Point of Contact at least 25 percent of the Federal funds number 0348–0040). Applicants must awarded. The non-Federal share may be sign and return the Standard Form 424B The discretionary funds awarded by met by cash or in-kind contributions, (approved by the Office of Management NCCAN are covered under Executive although applicants are encouraged to and Budget under Control Number Order 12372, Intergovernmental Review meet their match requirements through 0348–0340) with their application. of Federal Programs, and 45 CFR Part cash contributions. Therefore, a one- Applicants must provide a certification 100, Intergovernmental Review of year project requesting $700,000 in regarding lobbying (approved by the Department of Health and Human Federal funds must include a match of Office of Management and Budget under Services Program and Activities. Under at least $175,000. Control Number 0348–0046). Prior to the Order, States may design their own Anticipated Number of Projects: It is receiving an award in excess of processes for reviewing and anticipated that a minimum of one but $100,000, applicants shall furnish an commenting on proposed Federal no more than two projects will be executed copy of the lobbying assistance under covered programs. funded. certification (approved by the Office of As of February, 1996, the following Management and Budget under control jurisdictions have elected not to Part III—Instructions for the number 0348–0046). Applicants must participate in the Executive Order Development and Submission of sign and return the certification with process: Alaska, Colorado, Connecticut, Applications their application. Hawaii, Idaho, Kansas, Louisiana, This part contains information and Applicants must make the appropriate Massachusetts, Minnesota, Montana, instructions for submitting applications certification of their compliance with Nebraska, Oklahoma, Oregon, in response to this announcement. the Drug-free Workplace Act of 1988. By Pennsylvania, South Dakota, Tennessee, 30760 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Virginia, Washington, American Samoa, using the mail services, to ensure that Top of Page. Enter the single priority Palau. Applicants from these the applications are received on or area number under which the jurisdictions or for projects before the deadline time and date. application is being submitted under administered by Federally recognized Applications hand-carried by only one priority area. Indian Tribes need take no action in applicants, applicant couriers, or by Item 1. Type of submission— regard to E.O. 12372. overnight/express mail couriers shall be Preprinted on the form. All remaining jurisdictions participate considered as meeting an announced Item 2. Date Submitted and Applicant in the Executive Order process and have deadline if they are received on or Identifier—Date application is established Single Points of Contact before the deadline date, between the submitted to ACYF and applicant’s own (SPOCs). Applicants from participating hours of 8:00 a.m. and 4:30 p.m. internal control number, if applicable. jurisdictions should contact their SPOCs (Eastern time) at the U.S. Department of Item 3. Date Received By State—State as soon as possible to alert them of the Health and Human Services, use only (if applicable). prospective applications and receive Administration for Children and Item 4. Date Received by Federal instructions. Applicants must submit Families, Division of Discretionary Agency—Leave blank. any required material to the SPOCs as Grants, ACF Mailroom, 2nd Floor Item 5. Applicant Information Legal soon as possible so that the program Loading Dock, Aerospace Center, 901 D Name—Enter the legal name of the office can obtain and review SPOC Street, SW, Washington, DC 20024 applicant organization. For applications comments as part of the award process. between Monday and Friday (excluding developed jointly, enter the name of the The applicant must submit all required Federal Holidays). Applicants are lead organization only. There must be a materials, if any, to the SPOC and cautioned that express/overnight mail single applicant for each application. indicate the date of this submittal (or services do not always deliver as agreed. Organizational Unit—Enter the name the date of contact if no submittal is ACF cannot accommodate of the primary unit within the applicant required) on the Standard Form 424, transmission of applications by fax. organization which will actually carry item 16a. Therefore, applications faxed to ACF out the project activity. Do not use the Under 45 CFR 100.8(a)(2), a SPOC has will not be accepted regardless of date name of an individual as the applicant. 60 days from the application deadline to or time of submission and time of If this is the same as the applicant comment on proposed new or receipt. organization, leave the organizational competing continuation awards. Late Applications: Applications unit blank. SPOCs are encouraged not to submit which do not meet the criteria stated Address—Enter the complete address routine endorsements as official above are considered late applications. that the organization actually uses to recommendations. Additionally, SPOCs Each late applicant will be notified that receive mail, since this is the address to are requested to differentiate clearly its application will not be considered in which all correspondence will be sent. between advisory comments and official the current competition. Do not include both street address and State process recommendations which Extension of Deadlines: The deadline P.O. box number unless both must be may trigger the ‘‘accommodate or may be extended for all applicants used in mailing. explain’’ rule. Comments submitted directly to ACF because of acts of God such as floods, Name and telephone number of the should be addressed to: Department of hurricanes, etc., or when there is a person to be contacted on matters Health and Human Services, widespread disruption of the mail. involving this application (include area Administration for Children and However, if the granting agency does code)—Enter the full name (including Families, Division of Discretionary not extend the deadline for all academic degree, if applicable) and Grants, 370 L’Enfant Promenade SW., applicants, it may not waive or extend telephone number of a person who can Mail Stop 6C–462, Washington, DC the deadline for any applicants. respond to questions about the application. This person should be 20447. E. Instructions for Preparing the accessible at the address given here and A list of the Single Points of Contact Application and Completing will receive all correspondence for each State and Territory is included Application Forms as Appendix A of this announcement. regarding the application. The SF 424, 424A (approved by the Item 6. Employer Identification D. Deadline for Submission of Office of Management and Budget under Number (EIN)—Enter the employer Applications Control Number 0348–0044), 424B, and identification number of the applicant The closing time and date for receipt certifications have been reprinted for organization, as assigned by the Internal of applications is 4:30 p.m. (Eastern your convenience in preparing the Revenue Service, including, if known, time) on August 16, 1996. Applications application. You should reproduce the Central Registry System suffix. received after 4:30 p.m. will be single-sided copies of these forms from Item 7. Type of Applicant—Self- classified as late. the reprinted forms in the explanatory. Deadline: Mailed applications shall be announcement, typing your information Item 8. Type of Application— considered as meeting an announced onto the copies. Please do not use forms Preprinted on the form. deadline if they are received on or directly from the Federal Register Item 9. Name of Federal Agency— before the deadline time and date at the announcement, as they are printed on Preprinted on the form. U.S. Department of Health and Human both sides of the page. Item 10. Catalog of Federal Domestic Services, Administration for Children Please prepare your application in Assistance Number and Title—Enter the and Families, Division of Discretionary accordance with the following Catalog of Federal Domestic Assistance Grants, 370 L’Enfant Promenade S.W., instructions: (CFDA) number assigned to the program Mail Stop 6C–462, Washington, DC 1. SF 424 Page 1, Application Cover under which assistance is requested and 20447, Attention: lllll (Reference Sheet. Please read the following its title, as indicated in the relevant Announcement Number and specify instructions before completing the priority area description. Priority Area 1.01, 2.01, or 2.02.) application cover sheet. An explanation Item 11. Descriptive Title of Applicants are responsible for mailing of each item is included. Complete only Applicant’s Project—Enter the project applications well in advance, when the items specified. title. The title is generally short and is Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30761 descriptive of the project, not the Item 16b. Is Application Subject to relate to item 15g, total funding, on the priority area title. Review By State Executive Order 12372 SF 424. Under column (5), enter the Item 12. Areas Affected by Project— process? No.—Check the appropriate total requirements for funds (Federal Enter the governmental unit where box if the application is not covered by dollars in one column and non-Federal significant and meaningful impact could E.O. 12372 or if the program has not in the other) by object class category. be observed. List only the largest unit or been selected by the State for review. A separate, itemized, budget units affected, such as State, county, or Item 17. Is the Applicant Delinquent justification for each line item is city. If an entire unit is affected, list it on any Federal Debt?— Check the required. The types of information to be rather than subunits. appropriate box. This question applies included in the justification are Item 13. Proposed Project—Enter the to the applicant organization, not the indicated under each category. For desired start date for the project and person who signs as the authorized multiple-year projects, it is desirable to projected completion date. representative. Categories of debt provide this information for each year of Item 14. Congressional District of include audit disallowances, loans and the project. Applicant/Project—Enter the number of taxes. Personnel—Line 6a. Enter the total the Congressional District where the Item 18. To the best of my knowledge costs of salaries and wages of applicant/ applicant’s principal office is located and belief, all data in this application/ grantee staff. Do not include the costs of and the number of the Congressional preapplication are true and correct. The consultants, which should be included district(s) where the project will be document has been duly authorized by on line 6h, Other. located. If statewide, a multi-State effort, the governing body of the applicant and Justification: Identify the principal or nationwide, enter 00. the applicant will comply with the investigator or project director, if Items 15. Estimated Funding Levels. attached assurances if the assistance is known. Specify by title or name the In completing 15a through 15f, the awarded.—To be signed by the percentage of time allocated to the dollar amounts entered should reflect, authorized representative of the project, the individual annual salaries, for a 12-month budget period, the total applicant. A copy of the governing and the cost to the project (both Federal amount requested. If the proposed body’s authorization for signature of this and non-Federal) of the organization’s project period exceeds 17 months, enter application by this individual as the staff who will be working on the project. only those dollar amounts needed for official representative must be on file in Fringe Benefits—Line 6b. Enter the the first 12 months of the proposed the applicant’s office, and may be total cost of fringe benefits, unless project. requested from the applicant. treated as part of an approved indirect Item 15a. Enter the amount of Federal Item 18a–c. Typed Name of cost rate. Justification: Provide a break-down of funds requested in accordance with the Authorized Representative, Title, amounts and percentages that comprise preceding paragraph. This amount Telephone Number—Enter the name, fringe benefit costs, such as health should be no greater than the maximum title and telephone number of the insurance, FICA, retirement insurance, amount specified in the priority area authorized representative of the etc. description. applicant organization. Item 18d. Signature of Authorized Travel—6c. Enter total costs of out-of- Items 15b–e. Enter the amount(s) of Representative—Signature of the town travel (travel requiring per diem) funds from non-Federal sources that authorized representative named in Item for staff of the project. Do not enter costs will be contributed to the proposed 18a. At least one copy of the application for consultant’s travel or local project. Items b–e are considered cost- must have an original signature. Use transportation, which should be sharing or matching funds. The value of colored ink (not black) so that the included on Line 6h, Other. third party in-kind contributions should original signature is easily identified. Justification: Include the name(s) of be included on appropriate lines as Item 18e. Date Signed—Enter the date traveler(s), total number of trips, applicable. the application was signed by the destinations, length of stay, Item 15f. Enter the estimated amount authorized representative. transportation costs and subsistence of income, if any, expected to be 2. SF 424A—Budget Information— allowances. generated from the proposed project. Do Non-Construction Programs. This is a Equipment—Line 6d. Enter the total not add or subtract this amount from the form used by many Federal agencies. costs of all equipment to be acquired by total project amount entered under item For this application, Sections A, B, C, E the project. Equipment is defined as 15g. Describe the nature, source and and F are to be completed. Section D non-expendable tangible personal anticipated use of this income in the does not need to be completed. property having a useful life of more Project Narrative Statement. Sections A and B should include the than one year and a acquisition cost of Item 15g. Enter the sum of items 15a– Federal as well as the non-Federal $5,000 or more per unit. 15e. funding for the proposed project Justification: Equipment to be Item 16a. Is Application Subject to covering the first year budget period. purchased with Federal funds must be Review By State Executive Order 12372 Section A—Budget Summary. This justified. The equipment must be Process? Yes, except for the 18 section includes a summary of the required to conduct the project, and the jurisdictions listed above.—Enter the budget. On line 5, enter total Federal applicant organization or its subgrantees date the applicant contacted the SPOC costs in column (e) and total non- must not have the equipment or a regarding this application. Select the Federal costs, including third party in- reasonable facsimile available to the appropriate SPOC from the listing kind contributions, but not program project. The justification also must provided at the end of Part III. The income, in column (f). Enter the total of contain plans for future use or disposal review of the application is at the (e) and (f) in column (g). of the equipment after the project ends. discretion of the SPOC. The SPOC will Section B—Budget Categories. This Supplies—Line 6e. Enter the total verify the date noted on the application. budget, which includes the Federal as costs of all tangible expendable personal If there is a discrepancy in dates, the well as non-Federal funding for the property (supplies) other than those SPOC may request that the Federal proposed project, covers the first year included on Line 6d. agency delay any proposed funding budget period if the proposed project Justification: Specify general until September 1994. period exceeds 12 months. It should categories of supplies and their costs. 30762 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Contractual—Line 6f. Enter the total Total Direct Charge—Line 6i. Enter be in effect during the funding period, costs of all contracts, including (1) the total of Lines 6a through 6h. the estimated amount of the base to procurement contracts (except those Indirect Charges—6j. Enter the total which the rate is applied, and the total which belong on other lines such as amount of indirect charges (costs). If no indirect expense. equipment, supplies, etc.) and (2) indirect costs are requested, enter none. Remarks—Line 23. If the total project contracts with secondary recipient Generally, this line should be used period exceeds 12 months, you must organizations, including delegate when the applicant has a current enter your proposed non-Federal share agencies. Also include any contracts indirect cost rate agreement approved of the project budget for each of the with organizations for the provision of by the Department of Health and Human remaining years of the project. technical assistance. Do not include Services or another Federal agency. 3. Project Summary Description. payments to individuals on this line. If Local and State governments should Clearly mark this separate page with the the name of the contractor, scope of enter the amount of indirect costs applicant name as shown in item 5 of work, and estimated total costs are not determined in accordance with DHHS the SF 424, the priority area number as available or have not been negotiated, requirements. When an indirect cost shown at the top of the SF 424, and the include on Line 6h, other. rate is requested, these costs are title of the project as shown in item 11 Justification: Attach a list of included in the indirect cost pool and of the SF 424. The summary description contractors, indicating the names of the should not be charged again as direct should not exceed 300 words. These 300 organizations, the purposes of the costs to the grant. words become part of the computer contracts, and the estimated dollar Justification: Enclose a copy of the database on each project. amounts of the awards as part of the indirect cost rate agreement. Care should be taken to produce a budget justification. Whenever the Total—Line 6k. Enter the total summary description which accurately applicant/grantee intends to delegate amounts of lines 6i and 6j. and concisely reflects the application. It part or all of the program to another Program Income—Line 7. Enter the should describe the objectives of the agency, the applicant/grantee must estimated amount, if any, expected to be project, the approaches to be used and complete this section (Section B, Budget generated from this project. Do not add the outcomes expected. The description Categories) for each delegate agency by or subtract this amount from the total should also include a list of major agency title, along with the supporting project amount. products that will result from the information. The total cost of all such Justification: Describe the nature, proposed project, such as software agencies will be part of the amount source, and anticipated use of program packages, materials, management shown on Line 6f. Provide back-up income in the Program Narrative procedures, data collection instruments, documentation identifying the name of Statement. training packages, or videos. (Please contractor, purpose of contract, and Section C—Non-Federal Resources. note that audiovisuals should be closed major cost elements. Applicants who This section summarizes the amounts of captioned.) The project summary anticipate procurement that will exceed non-Federal resources that will be description, together with the $5,000 (non-governmental entities) or applied to the grant. Enter this information on the SF 424, will $25,000 (governmental entities) and are information on line 12 entitled Totals. constitute the project abstract. It is the requesting an award without In-kind contributions are defined in 45 major source of information about the competition should include a sole- CFR, Part 74.51 and 45 CFR Part 92.3, proposed project and is usually the first source justification in the proposal as property or services which benefit a part of the application that the which at a minimum should include the grant-supported project or program and reviewers read in evaluating the basis for contractor’s selection, which are contributed by non-Federal application. justification for lack of competition third parties without charge to the At the bottom of the page, following when competitive bids or offers are not grantee, the subgrantee, or a cost-type the summary description, type up to 10 obtained and basis for award cost or contractor under the grant or subgrant. key words which best describe the price. (Note: Previous or past experience Justification: Describe third party in- proposed project, the service(s) involved with a contractor is not sufficient kind contributions, if included. and the target population(s) to be Section D—Forecasted Cash Needs, justification for sole source.) covered. These key words will be used Construction—Line 6g. Not Not applicable. for computerized information retrieval applicable. New construction is not Section E—Budget Estimate of Federal for specific types of funded projects. allowable. Funds Needed For Balance of the 4. Program Narrative Statement. The Other—Line 6h. Enter the total of all Project. This section should only be Program Narrative Statement is a very other costs. Where applicable, such completed if the total project period important part of an application. It costs may include, but are not limited exceeds 12 months. should be clear, concise, and address to: insurance, medical and dental costs, Totals—Line 20. For projects that will the specific requirements mentioned noncontractual fees and travel paid have more than one budget period, enter under the priority area description in directly to individual consultants, local the estimated required Federal funds for Part II. transportation (all travel which does not the second budget period (months 13 The narrative should provide require per diem is considered local through 24) under column (b) First. If a information concerning how the travel), space and equipment rentals, third budget period will be necessary, application meets the evaluation criteria printing and publication, computer use, enter the Federal funds needed for using the following headings for training costs, including tuition and months 25 through 36 under (c) Second. Research applications: stipends, training service costs, Columns (d) and (e) would be used in including wage payments to individuals the case of a 60 month project. (a) Objectives and supportive service payments, and Section F—Other Budget Information. (b) Background and Significance staff development costs. Note that costs Direct Charges—Line 21, Not (c) Methodology identified as miscellaneous and applicable. (d) Staff Background and Organizational honoraria are not allowable. Indirect Charges—Line 22, Enter the Experience Justification: Specify the costs type of indirect rate (provisional, All demonstration applications included. predetermined, final or fixed) that will should use the following headings: Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30763

(a) Objective and Need for Assistance 6. Part IV—Assurances/Certifications. —Any appendices/attachments; (b) Approach Applicants are required to file an SF —Assurances-Non-Construction (c) Results or Benefits Expected 424B, Assurances—Non-Construction (d) Staff Background and Organization Programs (Standard Form 424B, REV Programs and the Certification 4–88); Experience Regarding Lobbying. Both must be The narrative should be typed double- signed and returned with the —Certification Regarding Lobbying; and spaced on a single-side of an 81⁄2′′ × 11′′ application. In addition, applicants —Certification of Protection of Human plain white paper, with 1″ margins on must certify their compliance with: (1) Subjects, if necessary. all sides, using standard type sizes or Drug-free Workplace Requirements; and G. The Application Package fonts (e.g., Times Roman 12 or Courier (2) Debarment and Other 10). Applicants should not submit Responsibilities. Copies of the Each application package must reproductions of larger size paper assurances/certifications are reprinted at include an original and two copies of reduced to meet the size requirement. the end of this announcement and the complete application. Each copy Applicants are requested not to send should be reproduced, as necessary. A should be stapled securely (front and pamphlets, brochures, or other printed duly authorized representative of the back if necessary) in the upper left-hand material along with their application as applicant organization must certify that corner. All pages of the narrative they pose copying difficulties. All pages the applicant is in compliance with (including charts, tables, maps, exhibits, of the narrative (including charts, these assurances/certifications. A etc.) must be sequentially numbered, references/footnotes, tables, maps, signature on the SF 424 indicates beginning with page one. In order to exhibits, etc.) must be sequentially compliance with the Drug-free facilitate handling, please do not use numbered, beginning with ‘‘Objectives’’ Workplace Requirements, and covers, binders or tabs. Do not include or ‘‘Objectives and Need for Assistance’’ Debarment and Other Responsibilities extraneous materials as attachments, as page number one. certifications. The length of the application, such as agency promotion brochures, A signature on the application slides, tapes, film clips, minutes of including the application forms and all constitutes an assurance that the attachments, should not exceed 60 meetings, survey instruments or articles applicant will comply with the of incorporation. pages, except for applications for pertinent Departmental regulations priority area 1.01 which has different contained in 45 CFR Part 74. Do not include a self-addressed, page limits as described in that section stamped acknowledgement card. All of the announcement. Anything over the F. Checklist for a Complete Application applicants will be notified automatically limit will not be reproduced and The checklist below is for your use to about the receipt of their application. If distributed to reviewers. Applicants ensure that your application package acknowledgement of receipt of your should understand that, except for has been properly prepared. application is not received within eight priority area 1.01, only the first 60 pages —One original, signed and dated weeks after the deadline date, please of material will be reviewed. A page is application, plus two copies. notify the ACYF Operations Center by 1 × ′′ a single side of an 8 ⁄2 11 sheet of Applications for different priority telephone at 1–800–351–2293. paper. Applicants are requested not to areas are packaged separately; Dated: June 7, 1996. send pamphlets, brochures or other —Application is from an organization Olivia A. Golden, printed material along with their which is eligible under the eligibility application as these pose xeroxing Commissioner, Administration on Children, requirements defined in the priority Youth and Families. difficulties. These materials, if area description (screening submitted, will not be included in the Appendix A—OMB State Single Point of requirement); Contact Listing review process if they exceed the page —Application length does not exceed 60 limit criteria. Each page of the pages, unless otherwise specified in Arizona application will be counted to the priority area description. A Joni Saad, Arizona State Clearinghouse, 3800 determine the total length. complete application consists of the N. Central Avenue, Fourteenth Floor, 5. Organizational Capability following items in this order: Phoenix, Arizona 85012, Telephone (602) Statement. The Organizational —Application for Federal Assistance 280–1315, FAX: (602) 280–1305 Capability Statement should consist of a (SF 424, REV 4–88); Arkansas brief (two pages is suggested) —A completed SPOC certification with background description of how the Mr. Tracy L. Copeland, Manager, State the date of SPOC contact entered in Clearinghouse, Office of Intergovernmental applicant organization (or the unit line 16, page 1 of the SF 424; Services, Department of Finance and within the organization that will have —Budget Information-Non-Construction Administration, 1515 W. 7th St., Room responsibility for the project) is Programs (SF 424A, REV 4–88); 412, Little Rock, Arkansas 72203, organized, the types and quantity of —Budget justification for Section B— Telephone: (501) 682–1074, FAX: (501) services it provides, and/or the research Budget Categories; 682–5206 and management capabilities it —Table of Contents; Alabama possesses. This description should —Letter from the Internal Revenue Jon C. Strickland, Alabama Department of cover capabilities not included in the Service to prove non-profit status, if Economic and Community Affairs, Program Narrative Statement. It may necessary; Planning and Economic Development include descriptions of any current or —Copy of the applicant’s approved Division, 401 Adams Avenue, previous relevant experience, or indirect cost rate agreement, if Montgomery, Alabama 36103–5690, describe the competence of the project appropriate; Telephone: (205) 242–5483, FAX: (205) team and its demonstrated ability to —Project summary description and 242–5515 produce a final product that is readily listing of key words; California comprehensible and usable. An —Program Narrative Statement (See Part Grants Coordinator, Office of Planning & organization chart showing the III, Section D); Research, 1400 Tenth Street, Room 121, relationship of the project to the current —Organizational capability statement, Sacramento, California 95814, Telephone organization must be included. including an organization chart; (916) 323–7480, FAX: (916) 323–3018 30764 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Delaware Jackson, Mississippi 39202–3087, Please direct correspondence and Francine Booth, State Single Point of Contact Telephone: (601) 359–6762, FAX: (601) questions to: Review Coordinator, Office of Executive Department, Thomas Collins 359–6764 Strategic Planning Building, P.O. Box 1401, Dover, Delaware Missouri South Carolina 19903, Telephone: (302) 739–3326, FAX: Lois Pohl, Federal Assistance Clearinghouse, (302) 739–5661 Omeagia Burgess, State Single Point of Office of Administration, P.O. Box 809, Contact, Grant Services, Office of the District of Columbia Room 760, Truman Building, Jefferson Governor, 1205 Pendleton Street—Room Charles Nichols, State Single Point of City, Missouri 65102, Telephone: (314) 477, Columbia, South Carolina 29201, Contact, Office of Grants Mgmt. & Dev., 717 751–4834, FAX: (314) 751–7819 Telephone: (803) 734–0494, FAX: (803) 14th Street, N.W.—Suite 500, Washington, Nevada 734–0385 D.C. 20005, Telephone: (202) 727–6554, Department of Administration, State FAX: (202) 727–1617 Texas Clearinghouse, Capitol Complex, Carson Tom Adams, Governor’s Office, Director, Florida City, Nevada 89710, Telephone: (702) 687– Intergovernmental Coordination, P.O. Box 4065, FAX: (702) 687–3983 Florida State Clearinghouse, Department of 12428, Austin, Texas 78711, Telephone: Community Affairs, 2740 Centerview New Hampshire (512) 463–1771, FAX: (512) 463–1880 Drive, Tallahassee, Florida 32399–2100, Jeffrey H. Taylor, Director, New Hampshire Telephone: (904) 922–5438, FAX: (904) Utah Office of State Planning, Attn: 487–2899 Intergovernmental Review Process, Mike Carolyn Wright, Utah State Clearinghouse, Office of Planning and Budget, Room 116, Georgia Blake, 21⁄2 Beacon Street, Concord, New Stater Capitol, Salt Lake City, Utah 84114, Tom L. Reid III, Administrator, Georgia State Hampshire 03301, Telephone: (603) 271– Telephone: (801) 538–1535, FAX: (801) Clearinghouse, 254 Washington Street, 2155, FAX: (603) 271–1728 538–1547 S.W.—Room 401J, Atlanta, Georgia 30334, New Jersey Telephone: (404) 656–3855 or (404) 656– Vermont Gregory W. Adkins, Assistant Commissioner, 3829, FAX: (404) 656–7938 New Jersey Department of Community Nancy McAvoy, State Single Point of Illinois Affairs Contact, Pavilion Office Building, 109 State Barbara Beard, State Single Point of Contact, Please direct all correspondence and Street, Montpelier, Vermont 05609, Department of Commerce and Community questions about intergovernmental review to: Telephone: (802) 828–3326, FAX: (802) 828–3339 Affairs, 620 East Adams, Springfield, Andrew J. Jaskolka, State Review Process, Illinois 62701, Telephone: (217) 782–1671, Intergovernmental Review Unit CN 800, West Virginia FAX: (217) 534–1627 Room 813A, Trenton, New Jersey 08625– Fred Cutlip, Director, Community Indiana 0800, Telephone: (609) 292–9025, FAX: Development Division, W. Virginia Amy Brewer, State Budget Agency, 212 State (609) 633–2132 Development Office, Building #6, Room House, Indianapolis, Indiana 46204, New Mexico 553, Charleston, West Virginia 25305, Telephone: (317) 232–5619, FAX: (317) Robert Peters, State Budget Division, Room Telephone: (304) 558–4010, FAX: (304) 233–3323 190, Bataan Memorial Building, Santa Fe, 558–3248 Iowa New Mexico 87503, Telephone: (505) 827– Wisconsin 3640 Steven R. McCann, Division for Community Martha Kerner, Section Chief, State/Federal Assistance, Iowa Department of Economic New York Relations, Wisconsin Department of Development, 200 East Grand Avenue, Des New York State Clearinghouse, Division of Administration, 101 East Wilson Street— Moines, Iowa 50309, Telephone: (515) the Budget, State Capitol, Albany, New 6th Floor, P.O. Box 7868, Madison, 242–4719, FAX: (515) 242–4859 York 12224, Telephone: (518) 474–1605 Wisconsin 53707, Telephone: (608) 266– Kentucky North Carolina 2125, FAX: (608) 267–6931 Ronald W. Cook, Office of the Governor, Chrys Baggett, Director, N.C. State Wyoming Department of Local Government, 1024 Clearinghouse, Office of the Secretary of Sheryl Jeffries, State Single Point of Contact, Capitol Center Drive, Frankfort, Kentucky Admin., 116 West Jones Street, Raleigh, Herschler Building 4th Floor, East Wing, 40601–8204, Telephone: (502) 573–2382, North Carolina 27603–8003, Telephone: Cheyenne, Wyoming 82002, Telephone: FAX: (502) 573–2512 (919) 733–7232, FAX: (919) 733–9571 (307) 777–7574, FAX: (307) 638–8967 Maine North Dakota Territories Joyce Benson, State Planning Office, State North Dakota Single Point of Contact, Office #38 Guam House Station , Augusta, Maine 04333, of Intergovernmental Assistance, 600 East Telephone: (207) 287–3261, FAX: (207) Boulevard Avenue, Bismarck, North Mr. Giovanni T. Sgambelluri, Director, 287–6489 Dakota 58505–0170, Telephone: (701) 224– Bureau of Budget and Management Maryland 2094, FAX: (701) 224–2308 Research, Office of the Governor, P.O. Box 2950, Agana, Guam 96910, Telephone: William G. Carroll, Manager, State Ohio 011–671–472–2285, FAX: 011–671–472– Clearinghouse for Intergovernmental Larry Weaver, State Single Point of Contact, 2825 Assistance, Maryland Office of Planning, State Clearinghouse, Office of Budget and 301 W. Preston Street—Room 1104, Management, 30 East Broad Street, 34th Puerto Rico Baltimore, Maryland 21201–2365, Staff Floor, Columbus, Ohio 43266–0411 Norma Burgos/Jose E. Caro, Chairwoman/ Contact: Linda Janey, Telephone: (410) Director, Puerto Rico Planning Board, 225–4490, FAX: (410) 225–4480 Please direct correspondence and questions about intergovernmental review to: Federal Proposals Review Office, Minillas Michigan Linda Wise, Telephone: (614) 466–0698, Government Center, P.O. Box 41119, San Richard Pfaff, Southeast Michigan Council of FAX: (614) 466–5400 Juan, Puerto Rico 00940–1119, Telephone: (809) 727–4444, (809) 723–6190, FAX: Governments, 1900 Edison Plaza, 660 Plaza Rhode Island Drive, Detroit, Michigan 48226, Telephone: (809) 724–3270, (809) 724–3103 (313) 961–4266 Daniel W. Varin, Associate Director, Department of Administration/Division of North Marianna Islands Mississippi Planning, One Capitol Hill, 4th Floor, State Single Point of Contact, Planning and Cathy Malette, Clearinghouse Officer, Providence, Rhode Island 02908–5870, Budget Office, Office of the Governor, Department of Finance and Telephone: (401) 277–2656, FAX: (401) Saipan, CM, Northern Marianna Islands Administration, 455 North Lamar Street, 277–2083 96950 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30765

Virgin Islands Jose George, Director, Office of Management and Budget, #41 Norregade Emancipation Garden Station, Second Floor, Saint Thomas, Virgin Islands 00802 Please direct all questions and correspondence about intergovernmental review to: Linda Clarke, Telephone: (809) 774–0750, FAX: (809) 776–0069

BILLING CODE 4184±01±P 30766 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

BILLING CODE 4184±01±C Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30767

Instructions for the SF 424 8. Check appropriate box and enter each contributor. Value of in-kind This is a standard form used by applicants appropriate letter(s) in the space(s) provided: contributions should be included on as a required facesheet for preapplication and —‘‘New’’ means a new assistance award. appropriate lines as applicable. If the action applications submitted for Federal assistance. —‘‘Continuation’’ means an extension for an will result in a dollar change to an existing It will be used by Federal agencies to obtain additional funding/budget period for a award, indicate only the amount of the applicant certification that States which have project with a projected completion date. change. For decreases, enclose the amounts established a review and comment procedure —‘‘Revision’’ means any change in the in parentheses. If both basic and in response to Executive Order 12372 and Federal Government’s financial obligation supplemental amounts are included, show have selected the program to be included in or contingent liability from an existing breakdown on an attached sheet. For their process, have been given an opportunity obligation. multiple program funding, use totals and to review the applicant’s submission. 9. Name of Federal agency from which show breakdown using same categories as Item and Entry assistance is being requested with this item 15. application. 16. Applicants should contact the State 1. Self-explanatory. 10. Use the Catalog of Federal Domestic Single Point of Contact (SPOC) for Federal 2. Date application submitted to Federal Assistance number and title of the program Executive Order 12372 to determine whether agency (or State if applicable) & applicant’s under which assistance is requested. control number (if applicable). 11. Enter a brief descriptive title of the the application is subject to the State 3. State use only (if applicable). project. If more than one program is intergovernmental review process. 4. If this application is to continue or involved, you should append an explanation 17. This question applies to the applicant revise an existing award, enter present on a separate sheet. If appropriate (e.g., organization, not the person who signs as the Federal identifier number. If for a new construction or real property projects), attach authorized representative. Categories of debt project, leave blank. a map showing project location. For include delinquent audit disallowances, 5. Legal name of applicant, name of preapplications, use a separate sheet to loans and taxes. primary organizational unit which will provide a summary description of this 18. To be signed by the authorized undertake the assistance activity, complete project. representative of the applicant. A copy of the address of the applicant, and name and 12. List only the largest political entities governing body’s authorization for you to telephone number of the person to contact on affected (e.g., State, counties, cities). sign this application as official representative matters related to this application. 13. Self-explanatory. must be on file in the applicant’s office. 6. Enter Employer Identification Number 14. List the applicant’s Congressional (Certain Federal agencies may require that (EIN) as assigned by the Internal Revenue District and any District(s) affected by the this authorization be submitted as part of the Service. program or project. application.) 7. Enter the appropriate letter in the space 15. Amount requested or to be contributed provided. during the first funding/budget period by BILLING CODE 4184±01±P 30768 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30769

BILLING CODE 4184±01±C 30770 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Instructions for the SF–424A needed for the upcoming period. The should be equal to the amount on Line 5, amount(s) in Column (g) should be the sum Column (f), Section A. General Instructions of amounts in Columns (e) and (f). This form is designed so that application For supplemental grants and changes to Section D. Forecasted Cash Needs can be made for funds from one or more grant existing grants, do not use Columns (c) and Line 13—Enter the amount of cash needed programs. In preparing the budget, adhere to (d). Enter in Column (e) the amount of the by quarter from the grantor agency during the any existing Federal grantor agency increase or decrease of Federal funds and first year. guidelines which prescribe how and whether enter in Column (f) the amount of the Line 14—Enter the amount of cash from all budgeted amounts should be separately increase or decrease of non-Federal funds. In other sources needed by quarter during the shown for different functions or activities Column (g) enter the new total budgeted first year. within the program. For some programs, amount (Federal and non-Federal) which Line 15—Enter the totals of amounts on grantor agencies may require budgets to be includes the total previous authorized Lines 13 and 14. separately shown by function or activity. For budgeted amounts plus or minus, as other programs, grantor agencies may require appropriate, the amounts shown in Columns Section E. Budget Estimates of Federal Funds a breakdown by function or activity. Sections (e) and (f). The amount(s) in Column (g) Needed for Balance of the Project A, B, C, and D should include budget should not equal the sum of amounts in Lines 16–19—Enter in Column (a) the same estimates for the whole project except when Columns (e) and (f). grant program titles shown in Column (a), applying for assistance which requires Line 5—Show the totals for all columns Section A. A breakdown by function or Federal authorization in annual or other used. activity is not necessary. For new funding period increments. In the latter case, Section B. Budget Categories applications and continuation grant Sections A, B, C, and D should provide the applications, enter in the proper columns budget for the first budget period (usually a In the column headings (1) through (4), amounts of Federal funds which will be year) and Section E should present the need enter the titles of the same programs, needed to complete the program or project for Federal assistance in the subsequent functions, and activities shown on Lines 1– over the succeeding funding periods (usually budget periods. All applications should 4, Column (a), Section A. When additional in years). This section need not be completed sheets are prepared for Section A, provide contain a breakdown by the object class for revisions (amendments, changes, or similar column headings on each sheet. For categories shown in Lines a–k of Section B. supplements) to funds for the current year of each program, function or activity, fill in the existing grants. Section A. Budget Summary total requirements for funds (both Federal If more than four lines are needed to list Lines 1–4, Columns (a) and (b) and non-Federal) by object class categories. the program titles, submit additional Lines 6a–i—Show the totals of Lines 6a to schedules as necessary. For applications pertaining to a single 6h in each column Federal grant program (Federal Domestic Line 20—Enter the total for each of the Line 6i—Show the amount of indirect cost. Columns (b)–(e). When additional schedules Assistance Catalog number) and not requiring Line 6k—Enter the total of amounts on a functional or activity breakdown, enter on are prepared for this Section, annotate Lines 6i and 6j. For all applications for new accordingly and show the overall totals on Line 1 under Column (a) the catalog program grants and continuation grants for total this line. title and the catalog number in Column (b). amount in column (5), Line 6k, should be the For applications pertaining to a single same as the total amount shown in Section Section F. Other Budget Information program requiring budget amounts by A, Column (g), Line 5. For supplemental Line 21—Use this space to explain multiple functions or activities, enter the grants and changes to grants, the total name of each activity or function on each amounts for individual direct object-class amount of the increase or decrease as shown cost categories that may appear to be out of line in Column (a), and enter the catalog in Columns (1)–(4), Line 6k should be the number in Column (b). For applications the ordinary or to explain the details as same as the sum of the amounts in Section required by the Federal grantor agency. pertaining to multiple programs where none A, Columns (e) and (f) on Line 5. of the programs require a breakdown by Line 22—Enter the type of indirect rate Line 7—Enter the estimated amount of (provisional, predetermined, final or fixed) function or activity, enter the catalog income, if any, expected to be generated from that will be in effect during the funding program title on each line in Column (a) and this project. Do not add or subtract this period, the estimated amount of the base to the respective catalog number on each line in amount from the total project amount. Show which the rate is applied, and the total Column (b). under the program narrative statement the indirect expense. For applications pertaining to multiple nature and source of income. The estimated Line 23—Provide any other explanations or programs where one or more programs amount of program income may be comments deemed necessary. require a breakdown by function or activity, considered by the federal grantor agency in prepare a separate sheet for each program determining the total amount of the grant. Assurances—Non-Construction Programs requiring the breakdown. Additional sheets Note: Certain of these assurances may not should be used when one form does not Section C. Non-Federal-Resources be applicable to your project or program. If provide adequate space for all breakdown of Lines 8–11—Enter amounts of non-Federal you have questions, please contact the data required. However, when more than one resources that will be used on the grant. If awarding agency. Further, certain Federal sheet is used, the first page should provide in-kind contributions are included, provide a awarding agencies may require applicants to the summary totals by programs. brief explanation on a separate sheet. Column (a)—Enter the program titles certify to additional assurances. If such is the Lines 1–4, Columns (c) Through (g.) identical to Column (a), Section A. A case, you will be notified. For new applications, leave Columns (c) breakdown by function or activity is not As the duly authorized representative of and (d) blank. For each line entry in Columns necessary. the applicant I certify that the applicant: (a) and (b), enter in Columns (e), (f), and (g) Column (b)—Enter the contribution to be 1. Has the legal authority to apply for the appropriate amounts of funds needed to made by the applicant. Federal assistance, and the institutional, support the project for the first funding Column (c)—Enter the amount of the managerial and financial capability period (usually a year). State’s cash and in-kind contribution if the (including funds sufficient to pay the non- For continuing grant program applications, applicant is not a State or State agency. Federal share of project costs) to ensure submit these forms before the end of each Applicants which are a State or State proper planning, management and funding period as required by the grantor agencies should leave this column blank. completion of the project described in this agency. Enter in Columns (c) and (d) the Column (d)—Enter the amount of cash and application. estimated amounts of funds which will in-kind contributions to be made from all 2. Will give the awarding agency, the remain unobligated at the end of the grant other sources. Comptroller General of the United States, and funding period only if the Federal grantor Column (e)—Enter totals of Columns (b), if appropriate, the State, through any agency instructions provide for this. (c), and (d). authorized representative, access to and the Otherwise, leave these columns blank. Enter Line 12—Enter the total for each of right to examine all records, books, papers, in columns (e) and (f) the amounts of funds Columns (b)–(e). The amount in Column (e) or documents related to the award; and will Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30771 establish a proper accounting system in §§ 276a to 276a–7), the Copeland Act (40 executive orders, regulations and policies accordance with generally accepted U.S.C. § 276c and 18 U.S.C. §§ 874), and the governing this program. accounting standards or agency directives. Contract Work Hours and Safety Standards lllllllllllllllllllll 3. Will establish safeguards to prohibit Act (40 U.S.C. §§ 327–333), regarding labor Signature of authorized certifying official employees from using their positions for a standards for federally assisted construction lllllllllllllllllllll purpose that constitutes or presents the subagreements. Title appearance of personal or organizational 10. Will comply, if applicable, with flood lllllllllllllllllllll conflict of interest, or personal gain. insurance purchase requirements of Section 4. Will initiate and complete the work 102(a) of the Flood Disaster Protection Act of Applicant organization within the applicable time frame after receipt 1973 (P.L. 93–234) which requires recipients lllllllllllllllllllll of approval of the awarding agency. in a special flood hazard area to participate Date submitted 5. Will comply with the Intergovernmental in the program and to purchase flood Personnel Act of 1970 (42 U.S.C. §§ 4728– insurance if the total cost of insurable Appendix C—U.S. Department of Health and 4763) relating to prescribed standards for construction and acquisition is $10,000 or Human Services, Certification Regarding merit systems for programs funded under one more. Drug-Free Workplace Requirements, of the nineteen statutes or regulations 11. Will comply with environmental Grantees Other Than Individuals specified in Appendix A of OPM’s Standards standards which may be prescribed pursuant By signing and/or submitting this for a Merit System of Personnel to the following: (a) institution of application or grant agreement, the grantee is Administration (5 C.F.R. 900, Subpart F). environmental quality control measures providing the certification set out below. 6. Will comply with all Federal statutes under the National Environmental Policy Act This certification is required by regulations relating to nondiscrimination. These include of 1969 (P.L. 91–190) and Executive Order implementing the Drug-Free Workplace Act but are not limited to: (a) Title VI of the Civil (EO) 11514; (b) notification of violating of 1988, 45 CFR Part 76, Subpart F. The Rights Act of 1964 (P.L. 88–352) which facilities pursuant to EO 11738; (c) protection regulations, published in the May 25, 1990 prohibits discrimination on the basis of race, of wetlands pursuant to EO 11990; (d) Federal Register, require certification by color or national origin; (b) Title IX of the evaluation of flood hazards in floodplains in grantees that they will maintain a drug-free Education Amendments of 1972, as amended accordance with EO 11988; (e) assurance of workplace. The certification set out below is (20 U.S.C. §§ 1681–1683, and 1685–1686), project consistency with the approved State a material representation of fact upon which which prohibits discrimination on the basis management program developed under the reliance will be placed when the Department of sex; (c) Section 504 of the Rehabilitation Coastal Zone Management Act of 1972 (16 of Health and Human Services (HHS) Act of 1973, as amended (29 U.S.C. § 794), U.S.C. §§ 1451 et seq.); (f) conformity of determines to award the grant. If it is later which prohibits discrimination on the basis Federal actions to State (Clear Air) determined that the grantee knowingly of handicaps; (d) the Age Discrimination Act Implementation Plans under Section 176(c) rendered a false certification, or otherwise of 1975, as amended (42 U.S.C. §§ 6101– of the Clear Air Act of 1955, as amended (42 violates the requirements of the Drug-Free 6107), which prohibits discrimination on the U.S.C. § 7401 et seq.); (g) protection of Workplace Act, HHS, in addition to any other basis of age; (e) the Drug Abuse Office and underground sources of drinking water under remedies available to the Federal Treatment Act of 1972 (P.L. 92–255), as amended, relating to nondiscrimination on the Safe Drinking Water Act of 1974, as Government, may take action authorized the basis of drug abuse; (f) the amended (P.L. 93–523); and (h) protection of under the Drug-Free Workplace Act. False Comprehensive Alcohol Abuse and endangered species under the Endangered certification or violation of the certification Alcoholism Prevention, Treatment and Species Act of 1973, as amended (P.L. 93– shall be grounds for suspension of payments, Rehabilitation Act of 1970 (P.L. 91–616), as 205). suspension or termination of grants, or amended, relating to nondiscrimination on 12. Will comply with the Wild and Scenic government wide suspension or debarment. the basis of alcohol abuse or alcoholism; (g) Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) Workplaces under grants, for grantees other §§ 523 and 527 of the Public Health Service related to protecting components or potential than individuals, need not be identified on Act of 1912 (42 U.S.C. 290dd–3 and 290ee– components of the national wild and scenic the certification. If known, they may be 3), as amended, relating to confidentiality of rivers system. identified in the grant application. If the alcohol and drug abuse patient records; (h) 13. Will assist the awarding agency in grantee does not identify the workplaces at Title VII of the Civil Rights Act of 1968 (42 assuring compliance with Section 106 of the the time of application, or upon award, if U.S.C. § 3601 et seq.), as amended, relating to National Historic Preservation Act of 1966, as there is no application, the grantee must keep nondiscrimination in the sale, rental or amended (16 U.S.C. 470), EO 11593 the identity of the workplace(s) on file in its financing of housing; (i) any other (identification and protection of historic office and make the information available for nondiscrimination provisions in the specific properties), and the Archaeological and Federal inspection. Failure to identify all statute(s) under which application for Historic Preservation Act of 1974 (16 U.S.C. known workplaces constitutes a violation of Federal assistance is being made; and (j) the 469a–1 et seq.). the grantee’s drug-free workplace requirements of any other nondiscrimination 14. Will comply with P.L. 93–348 requirements. statute(s) which may apply to the regarding the protection of human subjects Workplace identifications must include the application. involved in research, development, and actual address of buildings (or parts of 7. Will comply, or has already complied, related activities supported by this award of buildings) or other sites where work under with the requirements of Titles II and III of assistance. the grant takes place. Categorical descriptions the Uniform Relocation Assistance and Real 15. Will comply with the Laboratory may be used (e.g., all vehicles of a mass Property Acquisition Policies Act of 1970 Animal Welfare Act of 1966 (P.L. 89–544, as transit authority or State highway department (P.L. 91–646) which provide for fair and amended, 7 U.S.C. 2131 et seq.) pertaining to while in operation, State employees in each equitable treatment of persons displaced or the care, handling and treatment of warm local unemployment office, performers in whose property is acquired as a result of blooded animals held for research, teaching, concert halls or radio studios.) Federal or federally assisted programs. These or other activities supported by this award of If the workplace identified to HHS changes requirements apply to all interests in real assistance. during the performance of the grant, the property acquired for project purposes 16. Will comply with the Lead-Based Paint grantee shall inform the agency of the regardless of Federal participation in Poisoning Prevention Act (42 U.S.C. §§ 4801 change(s), if it previously identified the purchases. et seq.) which prohibits the use of lead based workplaces in question (see above). 8. Will comply with the provisions of the paint in construction or rehabilitation of Definitions of terms in the Hatch Act (5 U.S.C. §§ 1501–5108 and 7324– residence structures. Nonprocurement Suspension and Debarment 7328) which limit the political activities of 17. Will cause to be performed the required common rule and Drug-Free Workplace employees whose principal employment financial and compliance audits in common rule apply to this certification. activities are funded in whole or in part with accordance with the Single Audit Act of Grantees’ attention is called, in particular, to Federal funds. 1984. the following definitions from these rules: 9. Will comply, as applicable, with the 18. Will comply with all applicable ‘‘Controlled substance’’ means a controlled provisions of the Davis-Bacon Act (40 U.S.C. requirements of all other Federal laws, substance in Schedules I through V of the 30772 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

Controlled Substances Act (21 U.S.C. 812) (f) Taking one of the following actions, or more public transactions (Federal, State, or and as further defined by regulation (21 within 30 calendar days of receiving notice local) terminated for cause or default. 1308.11 through 1308.15). under subparagraph (d)(2), with respect to The inability of a person to provide the ‘‘Conviction’’ means a finding of guilt any employee who is so convicted: certification required above will not (including a plea of nolo contendere) or (1) Taking appropriate personnel action necessarily result in denial of participation in imposition of sentence, or both, by any against such an employee, up to and this covered transaction. If necessary, the judicial body charged with the responsibility including termination, consistent with the prospective participant shall submit an to determine violations of the Federal or requirements of the Rehabilitation Act of explanation of why it cannot provide the State criminal drug statutes; 1973, as amended; or, (2) Requiring such certification. The certification or explanation ‘‘Criminal drug statute’’ means a Federal or employee to participate satisfactorily in a will be considered in connection with the non-Federal criminal statute involving the drug abuse assistance or rehabilitation Department of Health and Human Services manufacture, distribution, dispensing, use, or program approved for such purposes by a (HHS) determination whether to enter into possession of any controlled substance; Federal, State, or local health, law this transaction. However, failure of the ‘‘Employee’’ means the employee of a enforcement, or other appropriate agency; prospective primary participant to furnish a grantee directly engaged in the performance (g) Making a good faith effort to continue certification or an explanation shall of work under a grant, including: (i) All to maintain a drug-free workplace through disqualify such person from participation in ‘‘direct charge’’ employees; (ii) all ‘‘indirect implementation of paragraphs (a), (b), (c), (d), this transaction. charge’’ employees unless their impact or (e) and (f). The prospective primary participant agrees involvement is insignificant to the The grantee may insert in the space that by submitting this proposal, it will performance of the grant; and, (iii) temporary provided below the site(s) for the include the clause entitled ‘‘Certification personnel and consultants who are directly performance of work done in connection Regarding Debarment, Suspension, engaged in the performance of work under with the specific grant (use attachments, if Ineligibility, and Voluntary Exclusion— the grant and who are on the grantee’s needed); Lower Tier Covered Transaction.’’ provided payroll. This definition does not include lllllllllllllllllllll below without modification in all lower tier workers not on the payroll of the grantee lllllllllllllllllllll covered transactions and in all solicitations (e.g., volunteers, even if used to meet a Place of Performance (Street address, City, for lower tier covered transactions. matching requirement; consultants or County, State, ZIP Code) independent contractors not on the grantee’s Certification Regarding Debarment, Check lll if there are workplace on file payroll; or employees of subrecipients or Suspension, Ineligibility and Voluntary that are not identified here. subcontractors in covered workplaces). Exclusion—Lower Tier Covered Sections 76.630 (c) and (d)(2) and 76.635 The grantee certifies that it will or will Transactions (a)(1) and (b) provide that a Federal agency continue to provide a drug-free workplace by: (To be Supplied to Lower Tier Participants) may designate a central receipt point for (a) Publishing a statement notifying STATE-WIDE AND STATE AGENCY-WIDE By signing and submitting this lower tier employees that the unlawful manufacture, certifications, and for notification or criminal proposal, the prospective lower tier distribution, dispensing, possession or use of drug convictions. For the Department of participant, as defined in 45 CFR Part 76, a controlled substance is prohibited in the Health and Human Services, the central certifies to best of its knowledge and belief grantee’s workplace and specifying the receipt point is: Division of Grants that it and its principals: actions that will be taken against employees Management and Oversight, Office of (a) are not presently debarred, suspended, for violation of such prohibition; Management and Acquisition, Department of proposed for debarment, declared ineligible, (b) Establishing an ongoing drug-free Health and Human Services, Room 517–D, or voluntarily excluded from participation in awareness program to inform employees 200 Independence Avenue, SW., this transaction by any federal department or about: Washington, DC 20201. agency. (1) The dangers of drug abuse in the (b) where the prospective lower tier workplace; (2) The grantee’s policy of Appendix D—Certification Regarding participant is unable to certify to any of the maintaining a drug-free workplace; (3) Any Debarment, Suspension, and Other above , such prospective participant shall available drug counseling, rehabilitation, and Responsibility Matters—Primary Covered attach an explanation to this proposal. employee assistance programs; and (4) The Transactions The prospective lower tier participant penalties that may be imposed upon By signing and submitting this proposal, further agrees by submitting this proposal employees for drug abuse violations the applicant, defined as the primary that it will include this clause entitled occurring in the workplace; participant in accordance with 45 CFR Part ‘‘Certification Regarding Debarment, (c) Making it a requirement that each 76, certifies to the best of its knowledge and Suspension, Ineligibility, and Voluntary employee to be engaged in the performance believe that it and its principals: Exclusion—Lower Tier Covered of the grant be given a copy of the statement (a) are not presently debarred, suspended, Transactions’’ without modification in all required by paragraph (a); proposed for debarment, declared ineligible, lower tier covered transactions and in all (d) Notifying the employee in the statement or voluntarily excluded from covered solicitations for lower tier covered required by paragraph (a) that, as a condition transactions by any Federal Department or transactions. of employment under the grant, the employee agency; Appendix E—Certification Regarding will: (b) have not within a 3-year period Lobbying—Certification for Contracts, (1) Abide by the terms of the statement; preceding this proposal been convicted of or Grants, Loans, and Cooperative Agreements and, (2) Notify the employer in writing of his had a civil judgment rendered against them or her conviction for a violation of a criminal for commission of fraud or a criminal offense The undersigned certifies, to the best of his drug statute occurring in the workplace no in connection with obtaining, attempting to or here knowledge and belief, that: later than five calendar days after such obtain, or performing a public (Federal, State, (1) No Federal appropriated funds have conviction; or local) transaction or contract under a been paid or will be paid, by or on behalf of (e) Notifying the agency in writing, within public transaction; violation of Federal or the undersigned, to any person for ten calendar days after receiving notice under State antitrust statutes or commission of influencing or attempting to influence an subparagraph (d)(2) from an employee or embezzlement, theft, forgery, bribery, officer or employee of any agency, a Member otherwise receiving actual notice of such falsification or destruction of records, making of Congress, an officer or employee of conviction. Employers of convicted false statements, or receiving stolen property; Congress, or an employee of a Member of employees must provide notice, including (c) are not presently indicted or otherwise Congress in connection with the awarding of position title, to every grant officer or other criminally or civilly charged by a any Federal contract, the making of any designee on whose grant activity the governmental entity (Federal, State of local) Federal grant, the making of any Federal convicted employee was working, unless the with commission of any of the offenses loan, the entering into of any cooperative Federal agency has designated a central point enumerated in paragraph (1) (b) of this agreement, and the extension, continuation, for the receipt of such notices. Notice shall certification; and renewal, amendment, or modification of any include the identification number(s) of each (d) have not within a 3-year period Federal contract, grant, loan, or cooperative affected grant; preceding this application/proposal had one agreement. Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30773

(2) If any funds other than Federal was placed when this transaction was made undersigned shall complete and submit appropriated funds have been paid or will be or entered into. Submission of this Standard Form–LLL ‘‘Disclosure Form to paid to any person for influencing or certification is a prerequisite for making or Report Lobbying,’’ in accordance with its attempting to influence an officer or entering into this transaction imposed by instructions. employee of any agency, a Member of section 1352, title 31, U.S. Code. Any person Submission of this statement is a Congress, an officer or employee of Congress, who fails to file the required certification prerequisite for making or entering into this or an employee of a Member of Congress in shall be subject to a civil penalty of not less connection with this Federal contract, grant, transaction imposed by section 1352, title 31, than $10,000 and not more than $100,000 for U.S. Code. Any person who fails to file the loan or cooperative agreement, the each such failure. undersigned shall complete and submit required statement shall be subject to a civil Standard Form–LLL, ‘‘Disclosure Form to State for Loan Guarantee and Loan penalty of not less than $10,000 and not more Report Lobbying,’’ in accordance with its Insurance than $100,000 for each such failure. instructions. lllllllllllllllllllll The undersigned states, to the best of his (3) The undersigned shall require that the Signature language of this certification be included in or her knowledge and belief, that: lllllllllllllllllllll the award documents for all subawards at all If any funds have been paid or will be paid tiers (including subcontracts, subgrants, and to any person for influencing or attempting Title contracts under grants, loans, and to influence an officer or employee of any lllllllllllllllllllll cooperative agreements) and that all agency, a Member of Congress, an officer or Organization subrecipients shall certify and disclose employee of Congress, or an employee of a lllllllllllllllllllll accordingly. Member of Congress in connection with this Date This certification is a material commitment providing for the United States representation of fact upon which reliance to insure or guarantee a loan, the BILLING CODE 4184±01±P 30774 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

BILLING CODE 4184±01±C Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30775

Appendix F—Certification Regarding either directly or through State or local By signing and submitting this application Environmental Tobacco Smoke governments, by Federal grant, contract, loan, the applicant/grantee certifies that it will Public Law 103–227, Part C— or loan guarantee. The law does not apply to comply with the requirements of the Act. The children’s services provided in private Environmental Tobacco Smoke, also known applicant/grantee further agrees that it will residences, facilities funded solely by require the language of this certification be as the Pro-Children Act of 1994 (Act), Medicare or Medicaid funds, and portions of requires that smoking not be permitted in any facilities used for inpatient drug or alcohol included in any subawards which contain portion of any indoor facility owned or treatment. Failure to comply with the provisions for children’s services and that all leased or contracted for by an entity and used provisions of the law may result in the subgrantees shall certify accordingly. routinely or regularly for the provision of imposition of a civil monetary penalty of up [FR Doc. 96–15156 Filed 6–14–96; 8:45 am] health, day care, education, or library to $1,000 per day and/or the imposition of an services to children under the age of 18, if administrative compliance order on the BILLING CODE 4184±01±P the services are funded by Federal programs responsible entity. federal register June 17,1996 Monday Notice Nationwide Permits;PublicHearing; Proposal ToIssue,Reissue,andModify Corps ofEngineers Department oftheArmy Defense Department of Part VI 30777 30778 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

DEPARTMENT OF DEFENSE proposal. The hearing is open to the 4:00 PM or before, if all speakers present public. Comments may be submitted in have had an opportunity to speak. Department of the Army person at the hearing or in writing to the ADDRESSES: The hearing will be held at Office of the Chief of Engineers at the Corps of Engineers the National Guard Association address given below. Filing of a written Building, One Massachusetts Ave, NW, Proposal To Issue, Reissue, and statement at the time of giving an oral Washington, DC. Written comments Modify Nationwide Permits; Public statement would be helpful and may be submitted to HQUSACE, ATTN: Hearing facilitate the job of the court reporter. CECW–OR, Washington, DC, 20314– The hearing will be transcribed. Persons 1000. AGENCY: U.S. Army Corps of Engineers, wishing to testify are requested to limit FOR FURTHER INFORMATION CONTACT: Mr. DOD. their statements to 15 minutes. The Tim Zimmerman or Mr. Sam Collinson, ACTION: Notice of public hearing. hearing will be held in accordance with Regulatory Branch, Office of the Chief of the Corps public hearing regulations in Engineers at (202) 761–0199. SUMMARY: Today, the Corps has 33 CFR part 327. The legal authority for published a Notice document this hearing is Section 404 of the Clean Dated: June 6, 1996. containing its proposal to reissue the Water Act (33 U.S.C. 1344) and Section Approved: existing nationwide permits (NWPs) and 10 of the Rivers and Harbors Act of 1899 Stanley G. Genega, conditions, with some modifications, (33 U.S.C. 403). The hearing record will Major General, U.S. Army, Director of Civil and issue four new NWPs. The Corps remain open until August 1, 1996. Works. will hold a public hearing on the DATES: The hearing will commence at [FR Doc. 96–15225 Filed 6–14–96; 8:45 am] nationwide permits contained in that 10:00 AM on July 17, 1996, and end at BILLING CODE 3710±92±P federal register June 17,1996 Monday Hearings; Notice Reissuance, andModification;Public Nationwide Permits:Issuance, Corps ofEngineers Department oftheArmy Defense Department of Part VII 30779 30780 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

DEPARTMENT OF DEFENSE comprehensive package of mechanized landclearing, ditching, improvements to the Federal wetlands channelization, or other excavation.’’ Department of the Army protection programs. A major goal of the (See 33 CFR 323.(d) for the complete plan is that the programs be fair, definition of discharge of dredged Corps of Engineers flexible, and effective. To achieve this material). Proposal To Issue, Reissue, and goal, the Corps regulatory program must We are also proposing, in accordance Modify Nationwide Permits; Public continue to provide effective protection with the President’s Wetlands Plan, four Hearing for wetlands and other aquatic new NWPs to authorize those additional resources, while conveying to the public regulated activities with minimal effects AGENCY: U.S. Army Corps of Engineers, a clear understanding of regulatory that resulted from the excavation rule. DOD. requirements. In its implementation, the These new NWPs include: A. Moist Soil ACTION: Notice of intent and request for regulatory program must be Management for Wildlife; B. Food comments. administratively efficient, flexible yet Security Act Minimal Effect predictable, and avoid unnecessary Exemptions; C. Minor Mining Activities; SUMMARY: The Corps of Engineers is impacts to private property, the and D. Maintenance of Existing Flood proposing to reissue the existing regulated public, and the environment. Control Projects. nationwide permits (NWPs) and There are 37 existing nationwide The Corps believes, that when these conditions, with some modifications, permits. Thirty-six of the NWPs were changes are considered as a whole, the and issue four new NWPs. We are also published in the November 22, 1991, average approval time for projects proposing options for the threshold Federal Register at 33 CFR Part 330, requiring a Department of the Army limits for NWP 26. Appendix A. They became effective on permit will not change. However, the The public is invited to provide January 21, 1992, and expire on January individual approval time for some comments on these proposals and is 21, 1997. One additional NWP, the projects will be longer while others will being given the opportunity to request Single-Family Housing NWP (NWP 29), be shorter. In addition, we believe that public hearings on the NWPs. The Corps was published in the Federal Register the approval time for a vast majority of of Engineers will hold a public hearing on July 27, 1995, and became effective nationwide permits will not be affected at the National Guard Association on September 25, 1995. NWP 29 will by these changes. Building, at One Massachusetts Ave, expire on September 25, 2000. NW, Washington, DC on July 17, 1996, In the preamble of the Final Rule at Regional Conditioning of Nationwide at 10:00 AM and end at 4:00 PM or 33 CFR Part 330 as published in the Permits before, if all speakers present have had Federal Register (56 FR 59110) on Concurrent with this Federal Register an opportunity to speak. This hearing is November 22, 1991, we indicated that notice, District Engineers are issuing opened to the public. Comments may be upon expiration of the existing NWPs, local public notices. In addition to the submitted in person at the hearing or in we would issue the NWPs separately changes to NWP conditions being writing to the Office of the Chief of from the regulations governing their use proposed by the Chief of Engineers, the Engineers at the address given below. and rescind 33 CFR Part 330, Appendix Division and District Engineers may The hearing record will remain open A. The NWPs will now be published propose regional conditions or propose until August 1, 1996. The legal authority using the procedures adopted in revocation of NWP authorization for all for this hearing is section 404 of the November 22, 1991, for issuance, or some or portions of the NWPs. Clean Water Act (33 U.S.C. 1344) and reissuance, modification, and revocation Regional conditions may also be section 10 of the Rivers and Harbors Act of NWPs (see 33 CFR 330.5). The NWPs required by state Section 401 water of 1899 (33 U.S.C. 403). will no longer appear in the Code of quality certification or for state coastal DATES: Comments must be received by Federal Regulations but will be zone consistency. Comments on August 16, 1996. published in the Federal Register and regional issues and regional conditions ADDRESSES: National comments should announced, with regional conditions, in should be sent to the appropriate be submitted in writing to: Office of the the public notices issued by Corps District Engineer as indicated below. Chief of Engineers, ATTN: CECW–OR, district offices. ALABAMA We are proposing to reissue all the 20 Massachusetts Avenue NW, Mobile District Engineer, ATTN: CESAM– existing NWPs. We are also proposing to Washington, DC 20314–1000. Regional OP–S, P.O. Box 2288, Mobile, AL 36628– modify several existing NWPs and 0001 comments should be sent to the several NWP conditions as published in ALASKA appropriate Corps District offices at the the Federal Register (56 FR 59110–47) Alaska District Engineer, ATTN: CENPA– addresses listed below. Comments will on November 22, 1991 to clarify CO–R, P.O. Box 898, Anchorage, AK be available for examination at the activities that are authorized by NWPs 99506–0898 Office of the Chief of Engineers, Room and those that are not. Several of the ARIZONA 6225, Pulaski Building, 20 Los Angeles District Engineer, ATTN: proposed clarifications are a result of CESPL–CO–R, P.O. Box 2711, Los Massachusetts Avenue NW, the modification of the definition of Washington, DC 20314–1000. Angeles, CA 90053–2325 discharge of dredged material at 33 CFR ARKANSAS FOR FURTHER INFORMATION CONTACT: Mr. Part 323.2(d) as published in the Little Rock District Engineer, ATTN: Tim Zimmerman or Mr. Sam Collinson, Federal Register (58 FR 45008–38) on CESWL–CO–R, P.O. Box 867, Little Regulatory Branch, Office of the Chief of August 25, 1993 (i.e., the excavation Rock, AR 72203–0867 Engineers at (202) 761–0199. rule). The definition was revised to CALIFORNIA Sacramento District Engineer, ATTN: SUPPLEMENTARY INFORMATION: clarify that certain excavation activities are regulated and included the CESPK–CO–O, 1325 J Street, Background Sacramento, CA 95814–4794 following language: ‘‘(iii) Any addition, COLORADO The White House Office on including any redeposit, of dredged Albuquerque District Engineer, ATTN: Environmental Policy announced the material, including excavated material, CESWA–CO–R, 4101 Jefferson Plaza NE, President’s Wetlands Plan on August 24, into waters of the United States which Rm 313, Albuquerque, NM 87109–3435 1993. The plan sets forth a is incidental to any activity, including CONNECTICUT Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30781

New England Division Engineer, ATTN: 601 E. 12th Street, Kansas City, MO Sacramento District Engineer, ATTN: CENED–OD–R, 424 Trapelo Road, 64106–2896 CESPK–CO–O, 1325 J Street, CA 95814– Waltham, MA 02254–9149 MONTANA 4794 DELAWARE Omaha District Engineer, ATTN: CEMRO– VERMONT Philadelphia District Engineer, ATTN: OP–R, P.O. Box 5, Omaha, NE 68101– New England Division Engineer, ATTN: CENAP–OP–R, Wannamaker Building, 0005 CENED–OD–R, 424 Trapelo Road, 100 Penn Square, East Philadelphia, PA NEBRASKA Waltham, MA 02254–9149 19107–3390 Omaha District Engineer, ATTN: CEMRO– VIRGINIA FLORIDA OP–R, 215 North 17th Street, Omaha, NE Norfolk District Engineer, ATTN: CENAO– Jacksonville District Engineer, ATTN: 68101–4978 OP–P, 803 Front Street, Norfolk, VA CESAJ–RD, P.O. Box 4970, Jacksonville, NEVADA 23510–1096 FL 32232–0019 Sacramento District Engineer, ATTN: WASHINGTON GEORGIA CESPK–CO–O, 1325 J Street, Seattle District Engineer, ATTN: CENPS– Savannah District Engineer, ATTN: Sacramento, CA 95814–2922 OP–RG, P.O. Box 3755, Seattle, WA CESAS–OP–F, P.O. Box 889, Savannah, NEW HAMPSHIRE 98124–2255 GA 31402–0889 New England Division Engineer, ATTN: WEST VIRGINIA HAWAII CENED–OD–R, 424 Trapelo Road, Huntington District Engineer, ATTN: Honolulu District Engineer, ATTN: Waltham, MA 02254–9149 CEORH–OR–F, 502 8th Street, CEPOD–ET–PO, Building 230, Fort NEW JERSEY Huntington, WV 25701–2070 Shafter, Honolulu, HI 96858–5440 Philadelphia District Engineer, ATTN: WISCONSIN IDAHO CENAP–OP–R, Wannamaker Building, St. Paul District Engineer, ATTN: CENCS– Walla Walla District Engineer, ATTN: 100 Penn Square East, Philadelphia, PA CO–R, 190 Fifth Street, East, St. Paul, CENPW–OP–RF, Building 602, City- 19106–2991 MN 55101–1638 County Airport, Walla Walla, WA NEW MEXICO WYOMING 99362–9265 Albuquerque District Engineer, ATTN: Omaha District Engineer, ATTN: CEMRO– ILLINOIS CESWA–CO–R, 4101 Jefferson Plaza NE, OP–R, 215 North 17th Street, NE 68102– Rock Island District Engineer, ATTN: Rm 313, Albuquerque, NM 87109–3435 4978 CENCR–OD–S, P.O. Box 2004, Rock NEW YORK DISTRICT OF COLUMBIA Island, IL 61201–2004 New York District Engineer, ATTN: Baltimore District Engineer, ATTN: INDIANA CENAN–OP–R, Jacob K. Javits Federal CENAB–OP–R, P.O. Box 1715, Louisville District Engineer, ATTN: Building, New York, NY 10278–0090 Baltimore, MD 21203–1715 CEORL–OR–F, P.O. Box 59, Louisville, NORTH CAROLINA PACIFIC TERRITORIES KY 40201–0059 Wilmington District Engineer, ATTN: Honolulu District Engineer, ATTN: IOWA CESAW–CO–R, P.O. Box 1890, CEPOD–ET–PO, Building 230, Fort Rock Island District Engineer, ATTN: Wilmington, NC 28402–1890 Shafter, Honolulu, HI 96858–5440 CENCR–OD–S, P.O. Box 2204, Rock NORTH DAKOTA PUERTO RICO & VIRGIN IS Island, IL 61201–2004 Jacksonville District Engineer, ATTN: Omaha District Engineer, ATTN: CEMRO– KANSAS CESAJ–RD, P.O. Box 4970, Jacksonville, OP–R, 215 North 17th Street, Omaha, NE Kansas City District Engineer, ATTN: FL 32232–0019 CEMRK–OD–P, 700 Federal Building, 68102–4978 601 E. 12th Street, Kansas City, MO OHIO State (or Tribal) Certification of 64106–2896 Huntington District Engineer, ATTN: Nationwide Permits KENTUCKY CEORH–OR–F, 502 8th Street, Huntington, WV 25701–2070 State or tribal water quality Louisville District Engineer, ATTN: certification pursuant to Section 401 of CEORL–OR–F, P.O. Box 59, Louisville, OKLAHOMA KY 40201–0059 Tulsa District Engineer, ATTN: CESWT– the Clean Water Act, or waiver thereof, LOUISIANA OD–R, P.O. Box 61, Tulsa, OK 74121– is required for activities authorized by New Orleans District Engineer, ATTN: 0061 NWPs which may result in a discharge CELMN–OD–S, P.O. Box 60267, New OREGON into waters of the United States. In Orleans, LA 70160–0267 Portland District Engineer, ATTN: CENPP– addition, any state with a Federally PL–R, P.O. Box 2946, Portland, OR MAINE approved Coastal Zone Management New England Division Engineer, ATTN: 97208–2946 PENNSYLVANIA (CZM) Plan must agree with the Corps CENED–OD–R, 424 Trapelo Road, determination that activities authorized Waltham, MA 02254–9149 Baltimore District Engineer, ATTN: MARYLAND CENAB–OP–R, P.O. Box 1715, by NWPs which are within, or will Baltimore District Engineer, ATTN: Baltimore, MD 21203–1715 affect any land or water uses or natural CENAB–OP–R, P.O. Box 1715, RHODE ISLAND resources of the state’s coastal zone are Baltimore, MD 21203–1715 New England Division Engineer, ATTN: consistent with the state CZM Plan. MASSACHUSETTS CENED–OD–R, 424 Trapelo Road, The Corps believes that, in general, New England Division Engineer, ATTN: Waltham, MA 02254–9149 the activities authorized by the NWPs CENED–OD–R, 424 Trapelo Road, SOUTH CAROLINA will not violate state or tribal water Waltham, MA 02254–9149 Charleston District Engineer, ATTN: CESAC–CO–P, P.O. Box 919, Charleston, quality standards and will be consistent MICHIGAN with state CZM Plans. The NWPs are Detroit District Engineer, ATTN: CENCE– SC 29402–0919 CO–L, P.O. Box 1027, Detroit, MI 48231– SOUTH DAKOTA conditioned to ensure that adverse 1027 Omaha District Engineer, ATTN: CEMRO– environmental effects will be minimal MINNESOTA OP–R, 215 North 17th Street, Omaha, NE and are the types of activities that St. Paul District Engineer, ATTN: CENCS– 68102–4978 would be routinely authorized, if CO–R, 190 Fifth Street, East, St. Paul, TENNESSEE evaluated under the individual permit MN 55101–1638 Nashville District Engineer, ATTN: process. The Corps recognizes that in MISSISSIPPI CEORN–OR–F, P.O. Box 1070, Nashville, some states or tribes there will be a need TN 37202–1070 Vicksburg District Engineer, ATTN: to add regional conditions or individual CELMV–CO–O, P.O. Box 80, Vicksburg, TEXAS MS 39180–0080 Ft. Worth District Engineer, ATTN: state or tribal review for some activities MISSOURI CESWF–OD–R, P.O. Box 17300, Ft. to ensure compliance with state water Kansas City District Engineer, ATTN: Worth, TX 76102–0300 quality standards or consistency with CEMRK–OD–P, 700 Federal Building, UTAH state CZM Plans. The Corps goal is to 30782 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices develop such conditions so that the state before proceeding under the NWP. of activities authorized under these states or tribes can issue 401 water This requirement is provided at 33 CFR NWPs. quality certifications or CZM 330.4(c). The following is a discussion of our consistency agreements. Therefore, each Section 307 of the Coastal Zone reasons for modifying existing NWPs. If Corps District will initiate discussions Management Act (CZMA): This Federal an existing NWP is not listed, we are not with their respective states, tribes, and Register notice serves as the Corps proposing to change it but to reissue the EPA following publication of this determination that the activities current NWP. proposal to discuss issues of concern authorized by these NWPs are 4. Fish and Wildlife Harvesting, and identify regional modifications and consistent with states’ CZM programs, Enhancement, and Attraction Devices other approaches to the scope of waters, where applicable. This determination is and Activities. (Cat I) We are clarifying activities, discharges, and notification, contingent upon the addition of state that NWP 4 does not authorize the use as appropriate, to resolve these issues. CZM conditions and/or regional of covered oyster trays or clam racks. Note that there will be some states conditions or the issuance by the state 6. Survey Activities. (Cat III) The where a state programmatic general of an individual consistency Corps is proposing to allow discharges permit (SPGP) has been adopted and the concurrence, where necessary. The of dredged or fill material and NWPs have been wholly or partially states are requested to agree or disagree placement of structures necessary to revoked. Simultaneous with today’s with this consistency determination complete a survey for historic resources, proposal, Corps Districts may be pursuant to 33 CFR 330.4(d) for these but not for discharges or structures proposing modification or revocation of NWPs. necessary for the actual recovery of the the NWP in states where SPGPs will be The Corps CZMA consistency artifacts/information. The Corps is also used in place of some or all of the NWP determination only applies to NWP proposing to authorize activities program. authorizations for activities that are necessary to conduct soil surveys and Section 401 of the Clean Water Act: within, or affect any land or water uses sampling. This NWP does not authorize This Federal Register notice of these or natural resources of a state’s coastal the placement of any permanent NWPs serves as the Corps application to zone. NWP authorizations for activities structures. the states, tribes, or EPA, where that are not within or would not affect 8. Oil and Gas Structures. (Cat I) We appropriate, for 401 water quality a state’s coastal zone are not contingent are clarifying that any Corps review of certification of the activities authorized on such state’s agreement or this NWP, that may be required by by these NWPs. The states, tribes, and disagreement with the Corps discretionary authority, is limited to the EPA, where appropriate, are requested consistency determinations. effects on navigation and national to issue, deny, or waive certification If a state disagrees with the Corps security as stated in 33 CFR 322.5(f). pursuant to 33 CFR 330.4 (c) for these CZMA consistency determination for 12. Utility Line Discharges. (Cat I and NWPs. certain activities, then the Corps will II) We are proposing to modify the Section 401 water quality certification deny authorization for those activities wording of this NWP to include the requirements fall into the following without prejudice. Anyone wanting to discharge of material resulting from the general categories: perform such activities must present a trench excavation. We are also soliciting NWPs numbered 1, 2, 8, 9, 10, 11, 24, consistency certification to the comments on whether limitations 28 and 35 do not require 401 water appropriate state agency for should be established for discharges quality certification since they would concurrence. Upon concurrence with into special aquatic sites. Also included authorize activities which, in the such consistency certifications by the is clarification concerning parallel opinion of the Corps, could not state, the activity would be authorized structures to waterbodies and reasonably be expected to result in a by the NWP. This requirement is mechanized landclearing of right-of- discharge and in the case of NWP 8 is provided at 33 CFR 330.4(d). ways for utility lines located below the seaward of the territorial seas. surface of waters of the United States to NWPs numbered 3, 4, 5, 6, 7, 13, 14, Discussion of Proposed Modifications to the minimum necessary. 19, 20, 21, 22, 23, 27, 32, 33, 36, 37, 38, Existing Nationwide Permits 16. Return Water From Upland and D involve various activities, some of The proposed changes to the existing Contained Disposal Areas. (Cat II) The which may result in a discharge and NWPs fall into three categories: Corps proposes to modify the wording require 401 water quality certification, Category I (Cat I)—Clarification of of this NWP to note dredging may now and others of which do not. State denial existing NWPs to address questions and require a Section 404 permit. of 401 water quality certification for any issues that have arisen since the NWPs 18. Minor Discharges. (Cat I) We are specific NWP in this category affects were issued in 1991. It does not change proposing to modify the wording of this only those activities which may result the number and types of activities now NWP to include the volume of any in a discharge. For those activities not authorized by the NWP. excavated area as a measurement of the involving discharges, the NWP remains Category II (Cat II)—Changes to quantity of discharge. in effect. existing NWPs due to the modification 19. Minor Dredging. (Cat II) We are NWPs identified as 12, 15, 16, 17, 18, of the definition of discharge of dredged proposing to modify this NWP to 25, 26, 29, 34, 40, A, B, and C, involve material in the Excavation Rule, as authorize under section 404 of the Clean activities which would result in published in the Federal Register on Water Act, the incidental discharges discharges and therefore 401 water August 25, 1993 (58 FR 45008–38). associated with the dredging activity. quality certification is required. These NWPs involve activities that However, this NWP does not apply in If the state denies a 401 water quality previously only required Section 10 Section 404 only waters. Furthermore, it certification for certain activities within authorization but are now regulated does not apply in wetlands, coral reefs, that state, then the Corps will deny under Section 404 as well. These sites that support submerged aquatic authorization for those activities proposed changes will not change the vegetation, or anadromous fish without prejudice. Anyone wanting to number and type of activities now spawning area. NWPs 18 and 19 may be perform such activities must first obtain authorized by the NWP. combined in Section 10 only waters a project specific 401 water quality Category III (Cat III)—Modifications to (i.e., navigable waters of the United certification or waiver thereof from the existing NWPs that change the number States). For example, because Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30783

Notification is not required for NWP 18 adequate mitigation. We believe that the improve its effectiveness. The Corps, in under 10 cubic yards, a total of 35 cubic average processing time for NWP PCNs coordination with appropriate Federal, yards may be excavated from a will continue to be under 30 days. In State, Tribal agencies and the public, navigable water of the U.S. (i.e., Section addition, the Corps is considering will conduct a field level review for the 10 water) using a combination of NWPs changing the acreage threshold limits of purpose of identifying, on a regional 18 and 19, without notification. NWP 26. Currently, activities that affect basis, the types of waters and activities Excavation greater than 35 cubic yards less than one acre may proceed without that would be authorized by this NWP. but less than 50 cubic yards require notifying the Corps, activities affecting 1 This approach was developed after notification. to 10 acres require a PCN, and activities careful consideration of several 21. Surface Coal Mining Activities. affecting over 10 acres may not be alternatives. Regionalization of NWP 26 (Cat III) We are considering expanding authorized by this NWP. The Corps is has several advantages including the this NWP for mining activities on proposing 3 options for the acreage ability to appropriately condition this previously mined lands that have not limits that would define when a PCN general permit to reflect the more local been subject to restoration. Currently, must be submitted. We are requesting environmental conditions within each there is a disincentive for mining comments on these options which are as state or region, and facilitate State/ companies to use an area that has been follows: Tribal (or EPA) certification of the impacted by previous mining activities, permit. Option 1: 1 to 10 acres (current thresholds) where wetlands have naturally The Corps recognizes that fewer than Option 2: 1⁄2 to 5 acres established. In such cases, mining Option 3: 1⁄3 to 3 acres half the states have issued section 401 companies are generally required as a certification for the existing NWP 26. As condition of the permit to mitigate off- Based on a survey of Corps field part of the discussions that would be site prior to or early in the mining offices using FY94 data, the estimated initiated by the Corps districts with operation. These previously mined areas numbers of additional activities that their respective states, tribes, and EPA are generally degraded and of poor would require a PCN are 3700 for to address issues related to Section 401 quality. While in some cases, the Option 2 and 5200 for Option 3 certification, the Corps would work wetlands may be of good quality, the annually. However, while not required with the parties to determine what overall area remains degraded. We are to, many of these projects are now modifications can be made on a regional proposing to add a provision that when requesting a verification from the Corps basis to NWP 26, in terms of acreage previously mined lands are used and without the guarantee of a decision time limits, types of waters, notification, and wetlands have naturally established, frame. The PCN would provide that authorized activities. any mitigation requirements would be guarantee. In addition, in several Corps 27. Wetland and Riparian Restoration limited to onsite mitigation to occur at districts, the states have denied Section and Creation Activities. (Cat II and III) the completion of the work. A 401 water quality certifications for the The Corps proposes to modify this NWP performance bond would be required to larger projects. Furthermore, in some to allow projects to occur on any ensure the restoration occurs. The states, the Corps has issued state Federal lands. Projects occurring on purpose of this provision would be to programmatic general permits based on private land will still be permitted encourage the mining of previously state programs that have lower limits. provided there is a binding contract mined areas that are degraded rather The Corps does not believe that this between the landowner and the Federal than the mining of new areas. Under proposal would result in many more Government which describes the long this proposal, previously degraded individual permits. The Corps term management goals of the project. mined areas would be restored upon anticipates that most of these PCN Projects occurring on Federal land by completion of the subsequent mining activities, as with the verification Federal agencies would be allowed after operation. We have not proposed requests that are currently being review and approval of the Operation specific language and are seeking submitted for projects impacting less and Maintenance Plan for the project. comments recommending the terms and than 1 acre of waters of the United Also, we are considering expanding this conditions for this proposed addition to States, will be authorized by NWP 26. NWP to allow for the creation of this NWP. The increased review will increase wetlands and their subsequent reversion 25. Structural Discharges. (Cat I and environmental protection and increase on reclaimed surface coal mined lands II) We are clarifying that this NWP may consistency for projects below 1 acre of provided the wetlands were voluntarily be utilized for general navigation effects to waters of the United States. created under an Office of Surface purposes, such as the construction of To offset the additional workload and Mining (OSM) permit or an applicable mooring cells and some excavation to expedite the review that either state program permit. OSM has activities necessary for construction of Option 2 and 3 may generate for some estimated that thousands of acres of the structure. Districts, the PCN for projects affecting wetlands could be created each year 26. Headwaters and Isolated Waters between the minimum threshold (1⁄2 or most of which would be left Discharges. (Cat III) To provide 1⁄3) and 1 acre would not require undisturbed permanently. This would additional time for review and to better coordination with the resource agencies. not apply to wetlands created as ensure project effects are minimal, we Finally, the Corps believes that this mitigation for the mining permit, nor to are proposing to increase the 30- day proposal together with all the changes wetlands or waters that would be pre-construction notification (PCN) proposed today will not increase the created due to hydrologic or process to a 45-day PCN. The maximum Corps average processing time for topographic features of the landscape, time frame will allow for review and general permits but will provide for and nor to wetlands created for a evaluation of effects of a project when increased environmental protection. mitigation bank. We have not proposed necessary to ensure that the project Regionalization of NWP 26: As noted specific language and are seeking effects are minimal. We expect that the in the President’s Plan, the Corps will comments recommending the terms and increased time will only be used in a initiate a process to regionalize this condition for this NWP. minority of the NWP 26 PCNs and then NWP following a decision regarding We are also seeking comments on generally only when necessary to which threshold option is adopted. The whether (1) to eliminate the 5 year analyze the acceptability of developing regionalization of NWP 26 will further window of reversion opportunity and 30784 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices allow the reversion to occur at any time agreement does not grant automatic 38. Cleanup of Hazardous and Toxic in the future; (2) to allow use of this coverage under this NWP. A written Waste. (Cat I) The Corps proposes to NWP to any voluntary restoration/ verification from the District Engineer is clarify which projects approved under creation project; (3) to include required. CERCLA do not require authorization enhancement as an option; and (4) to This expansion of NWP 32 would under sections 10 and 404. require a written agreement in all cases, eliminate a duplication of our 40. Farm Buildings. (Cat I) The even where voluntary restoration is evaluation efforts. Currently, we begin reference to the ‘‘Minimization’’ occurring under other Federal or State the enforcement action, in accordance Condition is being corrected to reflect programs without a written agreement. with 33 CFR 326, with a thorough its current title, ‘‘Mitigation’’ Condition. If we should require a written agreement evaluation process, usually involving We are also proposing to delete in such cases, who should approve it full agency coordination. This process ‘‘agricultural related structures and when? If there is no written often leads to an agreement which may necessary for farming activities’’ to agreement requirement, how should the include restoration and mitigation. In clarify that we intend that this NWP is baseline be documented and should such cases, we then reevaluate the for authorization of farm buildings such there be a time limit for any reversion action through a second evaluation as agricultural sheds, supply storage, to take place? process usually leading to issuance of animal housing, and production 29. Single-Family Housing NWP. This an after-the-fact (ATF) permit. This facilities located on a farm or ranch. NWP was published for public comment NWP would eliminate the need for the The following is a discussion of the in the March 23, 1995, Federal Register second evaluation process for those new NWPs we are proposing to issue. (60 FR 15439) and became effective on actions that would qualify for the NWP. We have identified these NWPs by September 25, 1995 (60 FR 38650). We This, in turn, would reduce the need for letters for the purposes of proposing are now proposing to reissue this NWP. those ATF permits that consume permit these NWPs. If issued, they would be This will put all the NWPs on the same application processing resources placed at a reserved NWP number or five-year review cycle. We are proposing without providing an appreciable given a new number. to modify the notification process so environmental benefit. The ATF permit A. Moist Soil Management for that it will be the same as other NWPs process still remains a valuable tool in Wildlife. The Corps is proposing to and to provide for resource agency the enforcement program as a way to authorize discharges of dredged or fill coordination during the notification resolve those violations that could not material into non-tidal wetlands review process. We are not, at this time, be resolved through a settlement necessary to manage, construct, and/or proposing any other modifications to agreement and do not warrant judicial maintain habitat and feeding areas for this NWP. Should we not reissue NWP action. wildlife. This NWP applies to Federally- 29 at this time, it will remain in effect The other changes to this NWP apply owned or managed and State-owned or until it expires on September 25, 2000 to both judicial decisions and managed property. Currently, certain unless modified, suspended, or revoked agreements and nonjudicial management practices (discing, sooner. administrative enforcement settlements. plowing, mechanized land clearing, etc.) We are, however, interested in your They clarify that compliance with the require site specific authorization even comments concerning the impacts of underlying judicial or administrative though the discharge of dredged this NWP. We continue to believe that decision or agreement is a condition of material is for the enhancement/ this NWP provides relief to small the NWP itself and that the only future maintenance of the aquatic area. Some landowners with minimal effects on the activities authorized under this permit wildlife management practices were not aquatic environment. Since its issuance, are those undertaken to complete the consistently regulated until 1993. In an we have tracked the use of this NWP. restoration and/or mitigation in effort to reduce the effect of the changes For the first two quarters (October 1995– compliance with such decision or on the regulation of minor activities March 1996), NWP 29 was used a total agreement. with only minimal adverse of 123 times nationwide resulting in The Corps is also considering environmental effects due to the only 27.1 acres of wetland impacts. This providing that EPA administrative excavation rule, this proposal will allow use and acreage amount was well below settlement agreements could be the management of existing wildlife what we initially estimated. We will authorized under this NWP. We are areas to proceed without unnecessary continue to track the use of this NWP seeking comments concerning whether review by various agencies. This to insure the effects are minimal. this would be appropriate and if so, proposal will also further the goal of the 32. Completed Enforcement Work. what conditions, if any, would be President’s Wetlands Plan to reduce (Cat III) The Corps is proposing several appropriate. duplication among regulatory agencies. changes to this NWP. First, we are 33. Temporary Construction, Access This will, of course, still allow for the proposing to expand the scope beyond and Dewatering. (Cat I and II) We are use of discretionary authority when very judicial enforcement actions to include proposing to add the provision from sensitive/unique areas may be adversely agreements resulting from Corps recent guidance stating that this NWP effected by these activities. negotiated settlements that are not a part could be used for construction activities B. Food Security Act Minimal Effect of judicial actions, provided that such not subject to either the Corps or U.S. Exemptions. As noted in the President’s final agreements satisfy the specific Coast Guard regulations. We also Wetland Plan, the Corps is proposing a criteria set out in paragraphs (i) (A)–(C) propose to allow the use of on-site NWP for discharges of dredged or fill of the proposed permit. By setting out dredged material for temporary fills, at material into waters of the United States standards limiting the extent of the the discretion of the District Engineer. associated with certain minimal effect unauthorized activity and ensuring that Also, the last sentence of this NWP as determinations, that are exemptions the overall effect of the final agreement it currently exists will be deleted. As a from the Food Security Act, as is, at a minimum, no net loss of result of the Excavation Rule, we now determined by the Natural Resources wetlands, subpart (i) of the proposed regulate both mining activities and Conservation Service (NRCS) in NWP satisfies the ‘‘minimal effects’’ construction of marina basins in Section accordance with a written agreement threshold for issuance of NWPs. This 404 areas; therefore, this provision is no between the NRCS and the landowner. subpart also clarifies that obtaining an longer applicable. This NWP also authorizes any Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30785 mitigation for these exemptions that is remains in agricultural use or is not returned hearing. The Division Engineer will add required by the written agreement. to its original wetland classification with regional conditions, as necessary, to The goal of the President’s Wetland equivalent functions and values; and ensure that the effects will be minimal. Plan is to produce one-stop-shopping (iii) Prohibits making alterations to the This portion of the NWP will not be and reduce the differences between restored, enhanced, or created wetland that lower the wetland’s functions and values. effective until the Division Engineer programs to the extent practicable. In (3) The wetland was converted after establishes regional limitations. On a this regard, the Corps believes that some December 23, 1985, but before November 28, case-by-case basis, the District Engineer NRCS exemptions would qualify for 1990, and the wetland values, acreage, and will, if necessary, add appropriate and authorization under a NWP while others functions are mitigated by the producer practicable special conditions to ensure would not. We are not proposing through the requirements of subparagraphs that effects are minimal or will exert specific language for the NWP. We are (A), (B), (C), (D), (F) and (G) of paragraph (2). discretionary authority to require an requesting public comments suggesting (4) The action was authorized by a permit individual permit for any activity whose limitations or restrictions for this NWP issued under section 404 of the Federal effects exceed the minimal threshold. If Water Pollution Control Act (33 U.S.C. 1344) in order to insure effects are minimal. and the wetland values, acreage, and you believe that NWP conditions should The final language would be based on functions of the converted wetland were be established, we welcome comments Section 322 of the 1996 Farm Bill, NRCS adequately mitigated for the purposes of this on appropriate restrictions for this NWP regulations, and comments submitted subtitle. including seasonal use (e.g., fish regarding limitations and/or thresholds C. Mining Operations. The Corps is spawning), application of best that should be established to ensure that proposing to authorize certain work management practices, and limitations these activities meet the requirements and/or discharges of dredged material on in-stream use. Again, for example, for issuance of NWPs. To assist you in incidental to active mining of sand and should the NWP be limited to activities providing us comments on this NWP, gravel and recreational mining. effecting less than a certain number of we have included the following excerpt Paragraph a. of the proposed NWP acres of waters of the United States or from Section 322 of the 1996 Farm Bill will allow certain operations existing a certain number of linear feet of stream (H.R. 2854) which discusses the before August 1993, where the effects channel? minimal effect determination: have already occurred, some for many While the Corps is primarily ** *The minimal effect exemption will years, to continue in some cases on a concerned with establishing NWP apply when the Secretary (of the U.S. limited basis, with minimal regulation. thresholds to determine which activities Department of Agriculture) has determined Until the final excavation rule was could be authorized under this NWP, that 1 or more of the following conditions issued on August 25, 1993, some active the Corps is also considering exist: mining operations had not been establishing thresholds for recreational (1) The action, individually and in mining, below which a Corps permit connection with all other similar actions regulated under either Section 402 (EPA authorized by the Secretary in the area, will jurisdiction) or Section 404 (Corps would not be required. For recreational have a minimal effect on the functional jurisdiction). Authorization under this mining that does not destroy or degrade hydrological and biological value of the NWP would be for a defined area, waters of the United States, a Section wetlands in the area, including the value to would not include expansion, and 404 permit is not required pursuant to waterfowl and wildlife. would require ‘‘Notification’’ to the 33 CFR 323.2(d)(3) of the Excavation (2) The wetland and the wetland values, Corps. In addition, we are expressly Rule. Recreational activities that have a acreage, and functions are mitigated by the seeking comments on appropriate de minimis (inconsequential) effect do person through the restoration of a converted not require a permit. Several Corps wetland, the enhancement of an existing restrictions for this NWP including wetland, or the creation of a new wetland, seasonal use (e.g., fish spawning), District Offices have solicited comments and the restoration, enhancement, or creation application of best management from the public to establish a de is— practices, and restrictions or minimis threshold. Other Corps districts (A) In accordance with a wetland prohibitions on in-stream use. For will also be issuing public notices to conservation plan; example, should the NWP be limited to seek public comment to establish (B) In advance of, or concurrent with, the activities effecting less than a certain threshold limits for minor activities that action; number of acres of waters of the United will not destroy or degrade aquatic (C) Not at the expense of the Federal resources. Such inconsequential Government; States or involving less than a certain (D) In the case of enhancement or number of cubic yards of excavated activities would not require a Corps restoration of wetlands, on not greater than material annually? permit. a 1-for-1 acreage basis unless more acreage is Paragraph b. of the proposed NWP This NWP is not to be used for peat needed to provide equivalent functions and would authorize recreational mining mining nor may it be used to access values that will be lost as a result of the with minimal effects either individually sand and gravel through a peat deposit wetland conversion to be mitigated; or cumulatively. The potential that is a water of the United States. The (E) In the case of creation of wetlands, on environmental effects of mining discharge of onshore or onboard greater than a 1-for-1 acreage basis if more acreage is needed to provide equivalent operations of this nature vary processed material into waters of the functions and values that will be lost as a considerably throughout the country. U.S. is considered a Section 402 result of the wetland conversion that is Therefore, we are not proposing any discharge and may also require a permit mitigated; nationwide specific limitations. We under Section 402 of the Clean Water (F) on lands in the same general area of the believe limitations are more Act. For the purpose of this NWP, local watershed as the converted wetland; appropriately established by the Corps activities can be considered and Districts and Division at the local level ‘‘recreational’’ when they are primarily (G) with respect to the restored, enhanced, based on public comment. The Division for personal enjoyment and are not or created wetland, made subject to an easement that— Engineer is responsible for establishing reasonably associated with or an (i) Is recorded on public land records; appropriate limits on recreational extension of a commercial enterprise. (ii) Remains in force for as long as the mining operations within their areas of For example, a commercial enterprise converted wetland for which the restoration, regulatory responsibility after public where mining interests are leased, sold, enhancement, or creation to be mitigated notice and opportunity for public transfered, etc., to individuals to 30786 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices conduct ‘‘recreational’’ mining does not 7. Wild and Scenic Rivers. We are Administrator of EPA, a Regional qualify for the NWP. proposing to modify this condition to Director of USFWS, or a Regional D. Maintenance of Existing Flood reduce the number of individual Director of NMFS has formally Control Projects. The Corps proposes to permits that are needlessly processed requested general notification from the authorize the excavation and removal of due to the prohibition of authorizing a District Engineer for the activities accumulated sediment and associated project under NWP procedures in covered by any of these NWPs. In such vegetation for maintenance of existing designated Wild and Scenic Rivers or cases, the Corps will provide the flood control facilities including debris those in an official study status where requesting agency with notification on basins, retention/detention basins and activities are compatible with and do the particular NWPs. However, where channels not to exceed previously not adversely affect such rivers. The the agencies have a record of not authorized depths and configurations Corps is proposing that these activities generally submitting substantive provided the dredged material is could be allowed under NWP after comments on activities covered by any disposed of at an upland site or a coordination with the appropriate of these NWPs, the Corps district may currently authorized disposal site in Federal agency with direct management discontinue to provide notification to waters of the United States, and proper responsibility for the river and after a those regional agency offices. siltation controls are used. Prior to the determination is made by that agency We are also proposing to increase the excavation rule, this activity was not that the proposed activity will not notification time period from 30 days to consistently regulated by the Corps. adversely effect the study status or the 45 days for NWP 26 to allow the District Further, the Corps believes that, when designated Wild and Scenic River Engineer sufficient time to determine considering a baseline environmental status. that the proposed project has minimal 13. Notification. We are proposing to condition or the approved flood control adverse environmental effects for this modify the notification requirements. channel, such excavation activities will NWP. As part of this change, the We will no longer require applicants to not result in more than minimal effects. resource agencies will now have 7 contact the State Historic Preservation The Corps is interested in receiving calendar days to conduct an initial Officer (SHPO) and the U.S. Fish and comments regarding whether time limits review of the proposed action and 14 Wildlife Service/National Marine should be placed on accepting the additional calendar days to submit Fisheries Service before submitting the baseline condition of older projects that substantive, site-specific comments. pre-construction notification PCN). We In addition, we are proposing have had little or no maintenance over continue to encourage applicants to notification procedures and agency the years. contact these agencies to obtain coordination for NWP 29 and the new Notification to the District Engineer is information; however, the Corps will NWPs C and D. We have determined being proposed for excavation now send the PCN to these agencies. that coordination with the resource undertaken in flood control facilities Many SHPOs have indicated that they agencies will be useful in ensuring that such as unlined basins or channels that prefer not to deal directly with the projects proposed for authorization were previously authorized, or applicants. Therefore, the Corps will under these NWPs have minimal authorized by 33 CFR 330.3. We are coordinate with the applicants and adverse environmental effects. interested in receiving comments include the SHPO as an agency Notification procedures for those regarding the maximum cubic yardage receiving the PCN. This will insure that NWPs are outlined under General to be allowed before notification is the SHPO is afforded an opportunity to Condition #13 (Notification) in the required. provide comments prior to the decision proposed rule. This NWP is not intended to to authorize a project under the NWP. Section 404 Only Condition authorize the removal of sediment and The SHPO will also be held to the same associated vegetation from natural water time restraints as the other agencies. 4. Mitigation. We have proposed courses for such purposes as redirecting We are also proposing a change to the changing the wording of this condition or conveying normal water flows. Only notification requirements on six NWPs. to clarify the phrase ‘‘unless the District channels within stretches of natural Currently, NWPs 5, 7, 13, 14, 17, 18, 21, Engineer has approved a compensatory rivers that have previously been 26, 33, 34, 37, and 38 require mitigation plan for the specific authorized as part of a flood control coordination with the resource agencies regulated activity.’’ The wording would facility would be covered under this during the notification process. We be changed to: ‘‘unless the District NWP. The Corps will consider the use recently surveyed the field to determine Engineer approves a compensatory of discretionary authority when the effectiveness of requiring agency mitigation plan that the District sensitive/unique areas or significant coordination for these NWPs. We found Engineer determines is more beneficial social or ecological functions and values that for NWPs 14, 21, 26, 33, 37, and 38, to the environment than on-site may be adversely effected or where the coordination with the resource agencies minimization or avoidance measures.’’ generally generated substantive maintenance may exceed present flood Environmental Documentation control needs, such as in cases where comments and assisted us in making successive flood control projects on a sound environmental decisions. We have made a preliminary watershed have affected flood control Therefore, we will maintain the agency determination that this action does not needs. coordination requirement for these constitute a major Federal action NWPs. Conversely, for NWPs 5, 7, 13, significantly affecting the quality of the Discussion of Nationwide Permit 17, 18, and 34, we did not find the same human environment. Preliminary Conditions level of substantive comments. Many environmental documentation has been General Conditions Corps districts indicated that they prepared for each proposed NWP. This received very few, if any, comments on documentation includes a preliminary The following is a discussion of our work proposed by these NWPs. environmental assessment and, where reasons for proposing changes to some Therefore, we are proposing to eliminate relevant, a preliminary Section 404(b)(1) existing NWP conditions. If an existing the requirement for agency coordination Guidelines compliance review. Copies NWP condition is not listed, we are not for these NWPs except in those of these documents are available for proposing to change it. circumstances where a Regional inspection at the office of the Chief of Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30787

Engineers, at each Corps district office 34. Cranberry Production Activities that the structure or fill is not to be put and on Corps Home Page at http:// 35. Maintenance Dredging of Existing to uses differing from those uses wetland.usace.mil. Based on these Basins specified or contemplated for it in the documents the Corps has provisionally 36. Boat Ramps original permit or the most recently determined that the proposed NWPs 37. Emergency Watershed Protection authorized modification. Minor comply with the requirements for 38. Cleanup of Hazardous and Toxic deviations in the structure’s issuance under general permit authority. Waste configuration or filled area including 39. Reserved those due to changes in materials, Authority 40. Farm Buildings construction techniques, or current We are proposing to issue new NWPs, Proposed New Nationwide Permits construction codes or safety standards modify existing NWPs, and reissue which are necessary to make repair, NWPs without change under the A. Moist Soil Management for Wildlife rehabilitation, or replacement are authority of Section 404(e) of the Clean B. Food Security Act Minimal Effect permitted, provided the environmental Water Act (33 U.S.C. 1344) and Section Exemptions effects resulting from such repair, 10 of the Rivers and Harbors Act of 1899 C. Minor Mining Activities rehabilitation, or replacement are (33 U.S.C. 401 et seq.). D. Maintenance of Existing Flood minimal. Currently serviceable means Control Projects Note 1: The terms ‘‘he’’ and its derivatives useable as is or with some maintenance, used in these regulations are generic and Nationwide Permit Conditions but not so degraded as to essentially should be considered as applying to both require reconstruction. This NWP male and female. General Conditions authorizes the repair, rehabilitation, or Dated: June 7, 1996. 1. Navigation replacement of those structures Stanley G. Genega, 2. Proper Maintenance destroyed by storms, floods, fire or other Major General, U.S. Army, Director of Civil 3. Erosion and Siltation Controls discrete events, provided the repair, Works. 4. Aquatic Life Movements rehabilitation, or replacement is 5. Equipment commenced or under contract to Nationwide Permits and Conditions 6. Regional and Case-by-Case commence within two years of the date A. Index of the Nationwide Permits and Conditions of their destruction or damage. In cases Conditions 7. Wild and Scenic Rivers of catastrophic events, such as 8. Tribal Rights hurricanes or tornadoes, this two-year Nationwide Permits 9. Water Quality Certification limit may be waived by the District 1. Aids to Navigation 10. Coastal Zone Management Engineer, provided the permittee can 2. Structures in Artificial Canals 11. Endangered Species demonstrate funding, contract, or other 3. Maintenance 12. Historic Properties similar delays. Maintenance dredging 4. Fish and Wildlife Harvesting, 13. Notification and beach restoration are not authorized by this NWP. (Sections 10 and 404) Enhancement, and Attraction Devices Section 404 Only Conditions and Activities 4. Fish and Wildlife Harvesting, 5. Scientific Measurement Devices 1. Water Supply Intakes Enhancement, and Attraction Devices 6. Survey Activities 2. Shellfish Production and Activities. Fish and wildlife 7. Outfall Structures 3. Suitable Material harvesting devices and activities such as 8. Oil and Gas Structures 4. Mitigation pound nets, crab traps, crab dredging, 9. Structures in Fleeting and Anchorage 5. Spawning Areas eel pots, lobster traps, duck blinds, clam Areas 6. Obstruction of High Flows and oyster digging; and small fish 10. Mooring Buoys 7. Adverse Impacts From attraction devices such as open water 11. Temporary Recreational Structures Impoundments fish concentrators (sea kites, etc.). This 12. Utility Line Backfill and Bedding 8. Waterfowl Breeding Areas NWP authorizes shellfish seeding 13. Bank Stabilization 9. Removal of Temporary Fills provided this activity does not occur in 14. Road Crossing B. Nationwide Permits wetlands or sites that support 15. U.S. Coast Guard Approved Bridges submerged aquatic vegetation. This 16. Return Water From Upland 1. Aids to Navigation. The placement NWP does not authorize artificial reefs Contained Disposal Areas of aids to navigation and regulatory or impoundments and semi- 17. Hydropower Projects markers which are approved by and impoundments of waters of the United 18. Minor Discharges installed in accordance with the States for the culture or holding of 19. 25 Cubic Yard Dredging requirements of the U.S. Coast Guard. motile species such as lobster, or the use 20. Oil Spill Cleanup (See 33 CFR Part 66, Chapter I, of covered oyster trays or clam racks. 21. Surface Mining Activities Subchapter C). (Section 10) (Sections 10 and 404) 22. Removal of Vessels 2. Structures in Artificial Canals. 5. Scientific Measurement Devices. 23. Approved Categorical Exclusions Structures constructed in artificial Staff gages, tide gages, water recording 24. State Administered Section 404 canals within principally residential devices, water quality testing and Programs developments where the connection of improvement devices and similar 25. Structural Discharge the canal to a navigable water of the structures. Small weirs and flumes 26. Headwaters and Isolated Waters United States has been previously constructed primarily to record water Discharges authorized (see 33 CFR 322.5(g)). quantity and velocity are also 27. Wetland Restoration Activities (Section 10) authorized provided the discharge is 28. Modifications of Existing Marinas 3. Maintenance. The repair, limited to 25 cubic yards and further for 29. Single-Family Housing rehabilitation, or replacement of any discharges of 10 to 25 cubic yards 30. Reserved previously authorized, currently provided the permittee notifies the 31. Reserved serviceable, structure or fill, or of any District Engineer in accordance with the 32. Completed Enforcement Actions currently serviceable structure or fill ‘‘Notification’’ general condition. 33. Temporary Construction and Access authorized by 33 CFR 330.3, provided (Sections 10 and 404) 30788 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

6. Survey Activities. Survey activities 9. Structures in Fleeting and backfilled with topsoil from the trench. including core sampling, seismic Anchorage Areas. Structures, buoys, Excess material must be removed to exploratory operations, plugging of floats and other devices placed within upland areas immediately upon seismic shot holes and other anchorage or fleeting areas to facilitate completion of construction. Any exploratory-type bore holes, soil survey moorage of vessels where such areas exposed slopes and streambanks must and sampling, and historic resources have been established for that purpose be stabilized immediately upon surveys. Discharges and structures by the U.S. Coast Guard. (Section 10) completion of the utility line. The associated with the recovery of historic 10. Mooring Buoys. Non-commercial, utility line itself will require a Section resources are not authorized by this single-boat, mooring buoys. (Section 10) 10 permit if in navigable waters of the NWP. Drilling and the discharge of 11. Temporary Recreational United States. (See 33 CFR Part 322). excavated material from test wells for Structures. Temporary buoys, markers, (Section 404) oil and gas exploration is not authorized small floating docks, and similar 13. Bank Stabilization. Bank by this NWP; the plugging of such wells structures placed for recreational use stabilization activities necessary for is authorized. Fill placed for roads, pads during specific events such as water erosion prevention provided: and other similar activities is not skiing competitions and boat races or a. No material is placed in excess of authorized by this NWP. The discharge seasonal use provided that such the minimum needed for erosion of drilling muds and cuttings may structures are removed within 30 days protection; require a permit under Section 402 of after use has been discontinued. At b. The bank stabilization activity is the Clean Water Act. (Sections 10 and Corps of Engineers reservoirs, the less than 500 feet in length; 404) reservoir manager must approve each c. The activity will not exceed an 7. Outfall Structures. Activities buoy or marker individually. (Section average of one cubic yard per running related to construction of outfall 10) foot placed along the bank below the structures and associated intake 12. Utility Line Discharges. Discharges plane of the ordinary high water mark structures where the effluent from the of dredged or fill material associated or the high tide line; outfall is authorized, conditionally with excavation, backfill or bedding for d. No material is placed in any special authorized, or specifically exempted, or utility lines, including outfall and aquatic site, including wetlands; are otherwise in compliance with intake structures, provided there is no e. No material is of the type or is regulations issued under the National change in preconstruction contours. A placed in any location or in any manner Pollutant Discharge Elimination System ‘‘utility line’’ is defined as any pipe or so as to impair surface water flow into program (Section 402 of the Clean Water pipeline for the transportation of any or out of any wetland area; Act), provided that the nationwide gaseous, liquid, liquefiable, or slurry f. No material is placed in a manner permittee notifies the District Engineer substance, for any purpose, and any that will be eroded by normal or in accordance with the ‘‘Notification’’ cable, line, or wire for the transmission expected high flows (properly anchored general condition. (Also see 33 CFR for any purpose of electrical energy, trees and treetops may be used in low 330.1(e)). Intake structures per se are not telephone and telegraph messages, and energy areas); and, included—only those directly radio and television communication. g. The activity is part of a single and associated with an outfall structure. The term ‘‘utility line’’ does not include complete project. Bank stabilization (Sections 10 and 404) activities which drain a water of the activities in excess of 500 feet in length 8. Oil and Gas Structures. Structures United States, such as drainage tile; or greater than an average of one cubic for the exploration, production, and however, it does apply to pipes yard per running foot may be authorized transportation of oil, gas, and minerals conveying drainage from another area. if the permittee notifies the District on the outer continental shelf within This NWP does authorize mechanized Engineer in accordance with the areas leased for such purposes by the landclearing for the installation of ‘‘Notification’’ general condition and the Department of the Interior, Minerals subaqueous utilities (i.e., below the District Engineer determines the activity Management Service. Such structures surface of waters of the United States) complies with the other terms and shall not be placed within the limits of provided the cleared area is kept to the conditions of the NWP and the adverse any designated shipping safety fairway minimum necessary and environmental effects are minimal both or traffic separation scheme, except preconstruction contours are individually and cumulatively. temporary anchors that comply with the maintained. However, temporary access (Sections 10 and 404) fairway regulations in 33 CFR 322.5(l). roads or foundations associated with 14. Road Crossing. Fills for roads (Where such limits have not been overhead transmission lines are not crossing waters of the United States designated, or where changes are authorized by this NWP. Material (including wetlands and other special anticipated, District Engineers will resulting from trench excavation may be aquatic sites) provided: consider asserting discretionary temporarily sidecast (up to three a. The width of the fill is limited to authority in accordance with 33 CFR months) into waters of the United States the minimum necessary for the actual 330.4(e) and will also review such provided that the material is not placed crossing; proposals to ensure they comply with in such a manner that it is dispersed by b. The fill placed in waters of the the provisions of the fairway regulations currents or other forces. The DE may United States is limited to a filled area in 33 CFR 322.5(l). Any Corps review extend the period of temporary side- of no more than 1⁄3 acre. Furthermore, under this permit will be limited to the casting not to exceed a total of 180 days, no more than a total of 200 linear feet effects on navigation and national where appropriate. The area of waters of of the fill for the roadway can occur in security in accordance with 33 CFR the United States that is disturbed must special aquatic sites, including 322.5(f)). Such structures will not be be limited to the minimum necessary to wetlands; placed in established danger zones or construct the utility line. Where the c. The crossing is culverted, bridged restricted areas as designated in 33 CFR utility line parallels a water of the or otherwise designed to prevent the Part 334: nor will such structures be United States, care should be taken to restriction of, and to withstand, permitted in EPA or Corps designated minimize disturbance of the regulated expected high flows and tidal flows, and dredged material disposal areas. waterbody. In wetlands, the top 6’’ to to prevent the restriction of low flows (Section 10) 12’’ of the trench should generally be and the movement of aquatic organisms; Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30789

d. The crossing, including all an exemption from licensing pursuant provided that the work is done in attendant features, both temporary and to Section 408 of the Energy Security accordance with the Spill Control and permanent, is part of a single and Act of 1980 (16 U.S.C. 2705 and 2708) Countermeasure Plan required by 40 complete project for crossing of a water and Section 30 of the Federal Power CFR Part 112.3 and any existing State of the United States; and, Act, as amended; provided the contingency plan and provided that the e. For fills in special aquatic sites, permittee notifies the District Engineer Regional Response Team (if one exists including wetlands, the permittee in accordance with the ‘‘Notification’’ in the area) concurs with the proposed notifies the District Engineer in general condition. (Section 404) containment and cleanup action. accordance with the ‘‘Notification’’ 18. Minor Discharges. Minor (Sections 10 and 404) general condition. The notification must discharges of dredged or fill material 21. Surface Coal Mining Activities. also include a delineation of affected into all waters of the United States Activities associated with surface coal special aquatic sites, including provided: mining activities provided they are wetlands. Some road fills may be a. The quantity of discharged material authorized by the Department of the eligible for an exemption from the need and the volume of excavated area does Interior, Office of Surface Mining, or by for a Section 404 permit altogether (see not exceed 25 cubic yards below the states with approved programs under 33 CFR 323.4). Also, where local plane of the OHWM or the High Tide Title V of the Surface Mining Control circumstances indicate the need, Line; and Reclamation Act of 1977 and District Engineers will define the term b. The discharge, including any provided the permittee notifies the ‘‘expected high flows’’ for the purpose excavated area, will not cause the loss District Engineer in accordance with the 1 of establishing applicability of this of more than ⁄10 acre of a special ‘‘Notification’’ general condition. For NWP. (Sections 10 and 404) aquatic site, including wetlands. For the discharges in special aquatic sites, 15. U.S. Coast Guard Approved purposes of this NWP, the acreage including wetlands, the notification Bridges. Discharges of dredged or fill limitation includes the filled area and must also include a delineation of material incidental to the construction excavation area plus special aquatic affected special aquatic sites, including of bridges across navigable waters of the sites that are adversely affected by wetlands. (Also see 33 CFR 330.1(e)) United States, including cofferdams, flooding and special aquatic sites that (Sections 10 and 404.) abutments, foundation seals, piers, and are drained so that they would no longer temporary construction and access fills be a water of the United States as a Note: For the purposes of this proposed result of the project; rule, a discussion of a proposed expansion provided such discharges have been for NWP 21 is provided in the Preamble. authorized by the U.S. Coast Guard as c. If the discharge, including any part of the bridge permit. Causeways excavated area, exceeds 10 cubic yards 22. Removal of Vessels. Temporary and approach fills are not included in or the discharge is in a special aquatic structures or minor discharges of this NWP and will require an individual site, including wetlands, the permittee dredged or fill material required for the or regional Section 404 permit. (Section notifies the District Engineer in removal of wrecked, abandoned, or 404) accordance with the ‘‘Notification’’ disabled vessels, or the removal of man- 16. Return Water From Upland general condition. For discharges in made obstructions to navigation. This Contained Disposal Areas. Return water special aquatic sites, including NWP does not authorize the removal of from an upland, contained dredged wetlands, the notification must also vessels listed or determined eligible for material disposal area. The dredging include a delineation of affected special listing on the National Register of itself may require a Section 404 permit, aquatic sites, including wetlands. (Also Historic Places unless the District but will require a Section 10 permit if see 33 CFR 330.1(e)); and Engineer is notified and indicates that located in navigable waters of the d. The discharge, including all there is compliance with the ‘‘Historic United States. The return water from a attendant features, both temporary and Properties’’ general condition. This contained disposal area is permanent, is part of a single and NWP does not authorize maintenance administratively defined as a discharge complete project and is not placed for dredging, shoal removal, or river bank of dredged material by 33 CFR 323.2(d) the purpose of a stream diversion. snagging. Vessel disposal in waters of even though the disposal itself occurs (Sections 10 and 404) the United States may need a permit on the upland and thus does not require 19. Minor Dredging. Dredging of no from EPA (see 40 CFR 229.3). (Sections a Section 404 permit. This NWP more than 25 cubic yards below the 10 and 404) satisfies the technical requirement for a plane of the ordinary high water mark 23. Approved Categorical Exclusions. Section 404 permit for the return water or the mean high water mark from Activities undertaken, assisted, where the quality of the return water is navigable waters of the United States authorized, regulated, funded, or controlled by the state through the (i.e., Section 10 actions) as part of a financed, in whole or in part, by another Section 401 certification procedures. single and complete project. This NWP Federal agency or department where (Section 404) does not authorize the dredging or that agency or department has 17. Hydropower Projects. Discharges degradation through siltation of coral determined, pursuant to the Council on of dredged or fill material associated reefs, sites that support submerged Environmental Quality Regulation for with (a) small hydropower projects at aquatic vegetation, anadromous fish Implementing the Procedural Provisions existing reservoirs where the project, spawning areas, or wetlands or, the of the National Environmental Policy which includes the fill, are licensed by connection of canals or other artificial Act (40 CFR Part 1500 et seq.), that the the Federal Energy Regulatory waterways to navigable waters of the activity, work, or discharge is Commission (FERC) under the Federal United States (see Section 33 CFR categorically excluded from Power Act of 1920, as amended; and has 322.5(g)). (Section 10 and 404) environmental documentation because a total generating capacity of not more 20. Oil Spill Cleanup. Activities it is included within a category of than 5000 KW; and the permittee required for the containment and actions which neither individually nor notifies the District Engineer in cleanup of oil and hazardous substances cumulatively have a significant effect on accordance with the ‘‘Notification’’ which are subject to the National Oil the human environment, and the Office general condition; or (b) hydropower and Hazardous Substances Pollution of the Chief of Engineers (ATTN: projects for which the FERC has granted Contingency Plan, (40 CFR Part 300), CECW–OR) has been furnished notice of 30790 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices the agency’s or department’s application For the purposes of this NWP, the public lands and private lands in for the categorical exclusion and acreage of loss of waters of the United accordance with the terms and concurs with that determination. Prior States includes the filled area plus conditions of a binding wetland to approval for purposes of this NWP of waters of the United States that are restoration or creation agreement any agency’s categorical exclusions, the adversely affected by flooding, between the landowner and the U.S. Chief of Engineers will solicit public excavation or drainage as a result of the Fish and Wildlife Service or the Natural comment. In addressing these project. The 10 (5,3)*-acre and 1 (1⁄2, Resources Conservation Service; or comments, the Chief of Engineers may 1⁄3)*-acre limits of NWP 26 are absolute, activities associated with the restoration require certain conditions for and cannot be increased by any of altered and degraded non-tidal authorization of an agency’s categorical mitigation plan offered by the applicant wetlands, riparian areas and creation of exclusions under this NWP. (Sections or required by the District Engineer. wetlands and riparian areas on Federal 10 and 404) *Note: For the purposes of this proposed land. Federal agencies may perform 24. State Administered Section 404 rule, a discussion of acreage threshold such activities on Federal land after Program. Any activity permitted by a options being considered for NWP 26 is review and approval of an Operations state administering its own Section 404 provided in the Preamble. and Maintenance Plan for the project by permit program pursuant to 33 U.S.C. Subdivisions: For any real estate the District Engineer. Such activities 1344(g)–(l) is permitted pursuant to subdivision created or subdivided after include, but are not limited to: Section 10 of the Rivers and Harbors Act October 5, 1984, a notification pursuant Installation and maintenance of small of 1899. Those activities which do not to subsection (b) of this NWP is required water control structures, dikes, and involve a Section 404 state permit are for any discharge which would cause berms; backfilling of existing drainage not included in this NWP, but certain the aggregate total loss of waters of the structures; construction of small nesting structures will be exempted by Section United States for the entire subdivision islands; plowing or discing for seed bed 154 of Public Law 94–587, 90 Stat. 2917 to exceed one (1) (1⁄2, 1⁄3)* acre. Any preparation; and other related activities. (33 U.S.C. 59l) (see 33 CFR 322.3(a)(2)). discharge in any real estate subdivision This NWP applies to restoration projects (Section 10) which would cause the aggregate total that serve the purpose of restoring 25. Structural Discharges. Discharges loss of waters of the United States in the ‘‘natural’’ wetland hydrology, of material such as concrete, sand, rock, subdivision to exceed ten (10) (5,3)* vegetation, and function to altered and etc. into tightly sealed forms or cells acres is not authorized by this NWP; degraded non-tidal wetlands and where the material will be used as a unless the DE exempts a particular ‘‘natural’’ functions of riparian areas. structural member for standard pile subdivision or parcel by making a For agreement restoration and creation supported structures, such as bridges, written determination that: (1) the projects only, this NWP also authorizes transmission line footings, and individual and cumulative adverse any future discharge of dredged or fill walkways or for general navigation, environmental effects would be minimal material associated with the reversion of such as mooring cells, including the and the property owner had, after the area to its prior condition and use excavation of bottom material from October 5, 1984, but prior to January 21, (i.e., prior to restoration under the within the form prior to the discharge of 1992, committed substantial resources agreement) within five years after concrete, sand, rock, etc. This NWP in reliance on NWP 26 with regard to a expiration of the limited term wetland does not authorize filled structural subdivision, in circumstances where it restoration or creation agreement, even members that would support buildings, would be inequitable to frustrate his if the discharge occurs after this NWP homes, parking areas, storage areas and investment-backed expectations, or (2) expires. The prior condition will be other such structures. Housepads or that the individual and cumulative documented in the original agreement, other building pads are also not adverse environmental effects would be and the determination of return to prior included in this NWP. The structure minimal, high quality wetlands would conditions will be made by the Federal itself may require a Section 10 permit if not be adversely affected, and there agency executing the agreement. Once located in navigable waters of the would be an overall benefit to the an area has reverted back to its prior United States. (Section 404) aquatic environment. Once the physical condition, it will be subject to 26. Headwaters and Isolated Waters exemption is established for a whatever the Corps regulatory Discharges. Discharges of dredged or fill subdivision, subsequent lot requirements will be at that future date. material into headwaters and isolated development by individual property This NWP does not authorize the waters provided: owners may proceed using NWP 26. For conversion of natural wetlands to a. The discharge does not cause the purposes of NWP 26, the term ‘‘real another aquatic use, such as creation of loss of more than 10 (5,3)* acres of estate subdivision’’ shall be interpreted waterfowl impoundments where a waters of the United States; to include circumstances where a forested wetland previously existed. b. The permittee notifies the District landowner or developer divides a tract (Sections 10 and 404) Engineer if the discharge would cause of land into smaller parcels for the Note: For the purposes of this proposed the loss of waters of the United States purpose of selling, conveying, rule, a discussion of an additional proposed greater than 1 (1⁄2, 1⁄3)* acre in transferring, leasing, or developing said expansion for NWP 27 is provided in the accordance with the ‘‘Notification’’ parcels. This would include the entire Preamble. general condition. For discharges in area of a residential, commercial or 28. Modifications of Existing Marinas. special aquatic sites, including other real estate subdivision, including Reconfiguration of existing docking wetlands, the notification must also all parcels and parts thereof. (Section facilities within an authorized marina include a delineation of affected special 404) area. No dredging, additional slips or aquatic sites, including wetlands. (Also 27. Wetland and Riparian Restoration dock spaces, or expansion of any kind see 33 CFR 330.1(e)); and and Creation Activities. Activities in within waters of the United States is c. The discharge, including all waters of the United States associated authorized by this NWP. (Section 10) attendant features, both temporary and with the restoration of altered and 29. Single-Family Housing. Discharges permanent, is part of a single and degraded non-tidal wetlands and of dredged or fill material into non-tidal complete project. creation of wetlands on non-Federal waters of the United States, including Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30791 non-tidal wetlands for the construction restoration, or environmental benefit in areas restored to the pre-project or expansion of a single-family home compliance with either: conditions. Cofferdams cannot be used and attendant features (such as a garage, (i) The terms of a final Corps non- to dewater wetlands or other aquatic driveway, storage shed, and/or septic judicial settlement agreement fully areas so as to change their use. field) for an individual permittee resolving a violation of section 404 of Structures left in place after cofferdams provided: the Clean Water Act (CWA) and/or are removed require a Section 10 permit a. The discharge does not cause the section 10 of the Rivers and Harbors Act if located in navigable waters of the loss of more than 1⁄2 acre of non-tidal of 1899 provided that: United States. (See 33 CFR Part 322). waters of the United States, including (a) The unauthorized activity affected The permittee must notify the District non-tidal wetlands; no more than 5 acres of nontidal Engineer in accordance with the b. The permittee notifies the District wetlands or 1 acre of tidal wetlands; ‘‘Notification’’ general condition. The Engineer in accordance with the (b) The settlement agreement provides notification must also include a ‘‘Notification’’ general condition; for environmental benefits, to an equal restoration plan of reasonable measures c. The permittee has taken all or greater degree, than the to avoid and minimize effects to aquatic practicable actions to minimize the on- environmental detriments caused by the resources. The District Engineer will site and off-site effects of the discharge. unauthorized activity; and add special conditions, where (c) The District Engineer issues a For example, the location of the home necessary, to ensure that adverse verification letter authorizing the may need to be adjusted on-site to avoid environmental effects are minimal. Such activity subject to the terms and flooding of adjacent property owners; conditions may include: limiting the conditions of this nationwide permit d. The discharge is part of a single temporary work to the minimum and the settlement agreement, including necessary; requiring seasonal and complete project; furthermore, that a specified completion date; or for any subdivision created on or after restrictions; modifying the restoration (ii) The terms of a final Federal court plan; and requiring alternative November 22, 1991, the discharges decision, consent decree, or settlement authorized under this NWP may not construction methods (e.g., construction agreement resulting from an mats in wetlands where practicable). exceed an aggregate total loss of waters enforcement action brought by the of the United States of 1⁄2 acre for the (Sections 10 and 404) United States under section 404 of the 34. Cranberry Production Activities. entire subdivision; CWA and/or section 10 of the Rivers e. An individual may use this NWP Discharges of dredged or fill material for and Harbors Act of 1899. For both (i) or dikes, berms, pumps, water control only for a single-family home for a (ii) above, compliance is a condition of personal residence; structures or leveling of cranberry beds the NWP itself. Any authorization under associated with expansion, f. This NWP may be used only once this NWP is automatically revoked if the per parcel; and, enhancement, or modification activities permittee does not comply with the at existing cranberry production g. This NWP may not be used in terms of this NWP or the terms of the conjunction with NWP 14, NWP 18, or operations provided: court decision, consent decree, or a. The cumulative total acreage of NWP 26, for any parcel. judicial/non-judicial settlement disturbance per cranberry production For the purposes of this NWP, the agreement or fails to complete the work operation, including but not limited to, acreage of loss of waters of the United by the specified completion date. This filling, flooding, ditching, or clearing, States includes the filled area NWP does not apply to any activities does not exceed 10 acres of waters of the previously permitted, the proposed occurring after the date of the decision, United States, including wetlands; filled area, and any other waters of the decree, or agreement that are not for the b. The permittee notifies the District United States that are adversely affected purpose of mitigation, restoration, or Engineer in accordance with the by flooding, excavation, or drainage as environmental benefit. (Sections 10 and ‘‘Notification’’ general condition; and, a result of the project. This NWP 404) c. The activity does not result in a net authorizes activities only by 33. Temporary Construction, Access loss of wetland acreage. individuals; for this purpose, the term and Dewatering. Temporary structures, This NWP does not authorize any ‘‘individual’’ refers to a natural person work and discharges, including discharge of dredged or fill material and/or a married couple, but does not cofferdams, necessary for construction related to other cranberry production include a corporation, partnership, or activities or access fills or dewatering of activities such as warehouses, similar entity. For the purposes of this construction sites; provided the processing facilities, or parking areas. NWP, a parcel of land is defined as ‘‘the associated primary activity is authorized For the purposes of this NWP, the entire contiguous quantity of land in by the Corps of Engineers or the U.S. cumulative total of 10 acres will be possession of, recorded as property of, Coast Guard, or for other construction measured over the period that this NWP or owned (in any form of ownership, activities not subject to the Corps or is valid. (Section 404) including land owned as a partner, U.S. Coast Guard regulations. 35. Maintenance Dredging of Existing corporation, joint tenant, etc.) by the Appropriate measures must be taken to Basins. Excavation and removal of same individual (and/or his or her maintain near normal downstream flows accumulated sediment for maintenance spouse), and comprises not only the and to minimize flooding. Fill must be of existing marina basins, canals, and area of wetlands sought to be filled, but of materials and placed in a manner that boat slips to previously authorized also all land contiguous to those will not be eroded by expected high depths or controlling depths for ingress/ wetlands, owned by the individual and/ flows. The use of dredged material may egress, whichever is less, provided the or his or her spouse in any form of be allowed if determined by the District dredged material is disposed of at an ownership.’’ (Sections 10 and 404) Engineer that it will not cause more upland site and proper siltation controls 30. Reserved. than minimal adverse effects on aquatic are used. (Section 10) 31. Reserved. resources. Temporary fill must be 36. Boat Ramps. Activities required 32. Completed Enforcement Actions. entirely removed to upland areas, or for the construction of boat ramps Any structure, work or discharge of dredged material returned to its original provided: dredged or fill material, remaining in location, following completion of the a. The discharge into waters of the place, or undertaken for mitigation, construction activity and the affected United States does not exceed 50 cubic 30792 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices yards of concrete, rock, crushed stone or or vernal pools) that were in agricultural and pool complexes, sanctuaries and gravel into forms, or placement of pre- crop production prior to December 23, refuges) the notification must also cast concrete planks or slabs. 1985 (i.e., farmed wetlands) for include a delineation of the affected (Unsuitable material that causes foundations and building pads for special aquatic sites. The notification unacceptable chemical pollution or is buildings. The discharge will be limited must include evidence of active mining structurally unstable is not authorized); to the minimum necessary but will in of a defined area on August 25, 1993, or b. The boat ramp does not exceed 20 no case exceed 1 acre (see the a copy of the Corps permit or NWP feet in width; ‘‘Mitigation’’ Section 404 only verification. The District Engineer will c. The base material is crushed stone, condition). (Section 404) determine the limits of the defined area gravel or other suitable material; The following new NWPs are of active mining for the purposes of this d. The excavation is limited to the proposed. For the purposes of proposing NWP. The District Engineer for specific area necessary for site preparation and these NWPS, we have identified them cases or the Division Engineer for all excavated material is removed to the by letters. If issued, they would be geographic areas, will impose quantity, upland; and, placed at a reserved NWP number or location, timing, or other restrictions, as e. No material is placed in special given a new number. necessary, to ensure that the effects are aquatic sites, including wetlands. A. Moist Soil Management for minimal. Dredging to provide access to the boat Wildlife. Discharges of dredged or fill b. Recreational mining in accordance ramp may be authorized by another material associated with moist soil with limitations, including quantity, NWP, regional general permit, or management for wildlife and location, timing, or other restrictions individual permit pursuant to Section maintenance activities that are established by the Division Engineer to 10 if located in navigable waters of the performed on non-tidal Federally- ensure that the effects are minimal. In United States. (Sections 10 and 404) owned or managed and State-owned or some cases, a pre-construction 37. Emergency Watershed Protection managed property, for the purpose of notification will be required by the and Rehabilitation. Work done by or continuing ongoing, site-specific, District Engineer to ensure that the funded by the Natural Resources wildlife management activities where effects are minimal. Limitations and Conservation Service qualifying as an soil manipulation is used to manage restrictions will be proposed by public ‘‘exigency’’ situation (requiring habitat and feeding areas for wildlife. notice with the opportunity for public immediate action) under its Emergency Such activities include, but are not comment and to request a public Watershed Protection Program (7 CFR limited to: the repair, maintenance or hearing. For the purpose of this NWP, Part 624) and work done or funded by replacement of existing water control activities can be considered the Forest Service under its Burned- structures; the repair or maintenance of ‘‘recreational’’ when they are primarily Area Emergency Rehabilitation dikes; and plowing or discing to impede for personal enjoyment and are not Handbook (FSH 509.13) provided the succession, prepare seed beds, or reasonably associated with or an District Engineer is notified in establish fire breaks. Sufficient extension of a commercial enterprise. accordance with the ‘‘Notification’’ vegetated buffers must be maintained Note: This NWP does not authorize the general condition. (Also see 33 CFR adjacent to all open water bodies, excavation of peat deposits that are in waters 330.1(e)). (Sections 10 and 404) streams, etc., to preclude water quality of the United States to gain access to the 38. Cleanup of Hazardous and Toxic degradation due to erosion and minerals, aggregates, precious metals and Waste. Specific activities required to sedimentation. This NWP does not gems. The discharge of material from the effect the containment, stabilization, or authorize the construction of new dikes, onshore (or onboard) processing of dredged removal of hazardous or toxic waste roads, water control structures, etc. material may require a permit under Section materials that are performed, ordered, or associated with the management areas. 402 of the Clean Water Act. (Sections 10 and 404) sponsored by a government agency with This NWP does not authorize converting established legal or regulatory authority wetlands to uplands or impoundments. D. Maintenance of Existing Flood provided the permittee notifies the (Section 404) Control Projects. Maintenance of District Engineer in accordance with the B. Food Security Act Minimal Effect existing flood control facilities; ‘‘Notification’’ general condition. For Exemptions. (See preamble for including debris basins, retention/ discharges in special aquatic sites, discussion). detention basins, and channels that including wetlands, the notification C. Minor Mining Activities. Discharges were previously authorized by the Corps must also include a delineation of of dredged material into all waters of the by individual permit, general permit, or affected special aquatic sites, including United States for the purpose of mining by 33 CFR 330.3 or were constructed by wetlands. Court ordered remedial action minerals, aggregates, precious metals the Corps and transferred to a local plans or related settlements are also and gems as follows: sponsor for operation and maintenance. authorized by this NWP. This NWP does a. Active sand and gravel mining The maintenance may not exceed not authorize the establishment of new operations in a defined area, not previously authorized depths and disposal sites or the expansion of including any expansions; (i) that were configurations. All dredged material is existing sites used for the disposal of under active mining on August 25, placed in an upland site or a currently hazardous or toxic waste. Activities 1993; or (ii) that were previously authorized disposal site in waters of the undertaken by authority of CERCLA as authorized by a Corps individual permit United States, and proper siltation approved or required by EPA, are not or NWP verification. (Previous controls are used. The permittee must required to obtain permits under conditions imposed by the Corps will notify the District Engineer in Section 404 of the Clean Water Act or remain in effect unless modified by the accordance with the ‘‘Notification’’ Section 10 of the Rivers and Harbors District Engineer.) The permittee must general condition. Act. (Sections 10 and 404) notify the District Engineer in This NWP is for the maintenance of 39. Reserved. accordance with the ‘‘Notification’’ existing flood control projects only. This 40. Farm Buildings. Discharges of general condition. For proposed NWP does not authorize the removal of dredged or fill material into discharges that may effect special sediment and associated vegetation from jurisdictional wetlands (but not aquatic sites (i.e., wetlands, mudflats, natural water courses. (Sections 10 and including prairie potholes, playa lakes, vegetated shallows, coral reefs, riffle 404) Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30793

C. Nationwide Permit Conditions zone management consistency and the prospective permittee has not concurrence must be obtained or waived received notice from the District or General Conditions (see Section 330.4(d)). Division Engineer. Subsequently, the The following general conditions 11. Endangered Species. No activity is permittee’s right to proceed under the must be followed in order for any authorized under any NWP which is NWP may be modified, suspended, or authorization by a NWP to be valid: likely to jeopardize the continued revoked only in accordance with the 1. Navigation. No activity may cause existence of a threatened or endangered procedure set forth in 33 CFR more than a minimal adverse effect on species or a species proposed for such 330.5(d)(2). navigation. designation, as identified under the (b) Contents of Notification. The 2. Proper maintenance. Any structure Federal Endangered Species Act, or notification must be in writing and or fill authorized shall be properly which is likely to destroy or adversely include the following information: maintained, including maintenance to modify the critical habitat of such (1) Name, address and telephone ensure public safety. species. Non-federal permittees shall number of the prospective permittee; 3. Erosion and siltation controls. notify the District Engineer if any listed (2) Location of the proposed project; Appropriate erosion and siltation species or critical habitat might be (3) Brief description of the proposed controls must be used and maintained affected or is in the vicinity of the project; the project’s purpose; direct and in effective operating condition during project and shall not begin work on the indirect adverse environmental effects construction, and all exposed soil and activity until notified by the District the project would cause; any other other fills must be permanently Engineer that the requirements of the NWP(s), regional general permit(s) or stabilized at the earliest practicable Endangered Species Act have been individual permit(s) used or intended to date. satisfied and that the activity is be used to authorize any part of the 4. Aquatic life movements. No activity authorized. Information on the location proposed project or any related activity; may substantially disrupt the movement of threatened and endangered species and of those species of aquatic life and their critical habitat can be obtained (4) For NWPs 14, 18, 21, 26, 29, 38, indigenous to the waterbody, including from the U.S. Fish and Wildlife Service and ‘‘C’’, the PCN must also include a those species which normally migrate and National Marine Fisheries Service delineation of affected special aquatic through the area, unless the activity’s (see 33 CFR 330.4(f)). sites, including wetlands (see paragraph primary purpose is to impound water. 12. Historic properties. No activity 13(f)); 5. Equipment. Heavy equipment which may affect Historic properties (5) For NWP 33–Temporary working in wetlands must be placed on listed, or eligible for listing, in the Construction, Access, and Dewatering, mats or other measures must be taken to National Register of Historic Places is the PCN must also include a restoration minimize soil disturbance. authorized, until the DE has complied plan of reasonable measures to avoid 6. Regional and case-by-case with the provisions of 33 CFR 325, and minimize effects to aquatic conditions. The activity must comply appendix C. The prospective permittee resources. with any regional conditions which may must notify the District Engineer if the (6) For NWP 29–Single-Family have been added by the Division authorized activity may affect any Housing, the PCN must also include: Engineer (see 33 CFR 330.4(e)) and any historic properties listed, determined to case specific conditions added by the be eligible, or which the prospective (i) Any past use of this NWP by the Corps. permittee has reason to believe may be individual permittee and/or his or her 7. Wild and Scenic Rivers. No activity eligible for listing on the National spouse; may occur in a component of the Register of Historic Places, and shall not (ii) A statement that the single-family National Wild and Scenic River System; begin the activity until notified by the housing activity is for a personal or in a river officially designated by District Engineer that the requirements residence of the permittee; Congress as a ‘‘study river’’ for possible of the National Historic Preservation Act (iii) A description of the entire parcel, inclusion in the system, while the river have been satisfied and that the activity including its size, and a delineation of is in an official study status unless the is authorized. Information on the wetlands. For the purpose of this NWP, appropriate Federal agency, with direct location and existence of historic parcels of land measuring 0.5 acre or management responsibility for such resources can be obtained from the State less will not require a formal on-site river, has determined in writing that the Historic Preservation Office and the delineation. However, the applicant proposed activity will not adversely National Register of Historic Places (see shall provide an indication of where the effect the Wild and Scenic River 33 CFR 330.4(g)). wetlands are and the amount of designation, or study status. Information 13. Notification. wetlands that exists on the property. For on Wild and Scenic Rivers may be (a) Timing. Where required by the parcels greater than 0.5 acre in size, a obtained from the appropriate Federal terms of the NWP, the prospective formal wetland delineation must be land management agency in the area permittee must notify the District prepared in accordance with the current (e.g., National Park Service, U.S. Forest Engineer with a Pre-Construction method required by the Corps. (See Service, Bureau of Land Management). Notification (PCN) as early as possible paragraph 13(f)) 8. Tribal rights. No activity or its and shall not begin the activity: (iv) A written description of all land operation may impair reserved tribal (1) Until notified by the District (including, if available, legal rights, including, but not limited to, Engineer that the activity may proceed descriptions) owned by the prospective reserved water rights and treaty fishing under the NWP with any special permittee and/or his or her spouse, and hunting rights. conditions imposed by the District or within a one mile radius of the parcel, 9. Water quality certification. In Division Engineer; or in any form of ownership (including any certain states, an individual Section 401 (2) If notified by the District or land owned as a partner, corporation, water quality certification must be Division Engineer that an individual joint tenant, co-tenant, or as a tenant-by- obtained or waived (see 33 CFR permit is required; or the-entirety) and any land on which a 330.4(c)). (3) Unless 30 days (or 45 days for purchase and sale agreement or other 10. Coastal zone management. In NWP 26) have passed from the District contract for sale or purchase has been certain states, an individual state coastal Engineer’s receipt of the notification executed. 30794 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

(7) For NWP ‘‘C’’ Mining Activities If the net adverse effects of the project (ii) Optional Agency Coordination. under (a), the PCN must also include: (with the mitigation proposal) are For NWPs 5, 7, 13, 17, 18, 26 (below 1 (i) Evidence of active mining of a determined by the District Engineer to acre) and 34, where a Regional defined area on August 25, 1993 or a be minimal, the District Engineer will Administrator of EPA, a Regional copy of the Corps permit or NWP provide a timely written response to the Director of USFWS, or a Regional verification; and applicant informing him that the project Director of NMFS has formally (ii) The project plan, including the can proceed under the terms and requested general notification from the defined area and volume of excavated conditions of the nationwide permit. District Engineer for the activities material. If the District Engineer determines covered by any of these NWPs, the (8) For NWP ‘‘D’’—Maintenance of that the adverse effects of the proposed Corps will provide the requesting Existing Flood Control Projects, the work are more than minimal, then he agency with notification on the prospective permittee must either notify will notify the applicant either: (1) that particular NWPs. However, where the the District Engineer with a Pre- the project does not qualify for agencies have a record of not generally Construction Notification (PCN) prior to authorization under the NWP and submitting substantive comments on each maintenance activity or submit a instruct the applicant on the procedures activities covered by any of these NWPs, maintenance plan, not to exceed five to seek authorization under an the Corps district may discontinue to years. In addition, the PCN must individual permit; (2) that the project is provide notification to those regional include: authorized under the NWP subject to agency offices. The District Engineer (i) Sufficient evidence to identify the the applicant’s submitting a mitigation will coordinate with the resources approved channel depths and proposal that would reduce the adverse agencies to identify which activities configurations and existing facilities. effects to the minimal level; or (3) that involving a PCN that the agencies will Minor deviations are authorized the project is authorized under the NWP provide substantive comments to the provided the approved flood control with specific modifications or Corps. The District Engineer may also protection or drainage is not increased; conditions. request comments from the agencies (ii) A delineation of any affected (e) Agency Coordination. The District when the District Engineer determines special aquatic sites, including that such comments would assist in wetlands; and Engineer will consider any comments from Federal and State agencies reaching a decision if effects are more (iii) Location of the dredged material than minimal either individually or disposal site. concerning the proposed activity’s compliance with the terms and cumulatively. (c) Form of Notification. The standard (f) Wetlands Delineations. Wetland conditions of the NWPs and the need for individual permit application form delineations must be prepared in mitigation to reduce the project’s (Form ENG 4345) may be used as the accordance with the current method adverse environmental effects to a notification but must clearly indicate required by the Corps. For NWP 29 see minimal level. that it is a PCN and must include all of paragraph (b)(6)(iii) for parcels less than the information required in (b) (1)-(8) of (i) For NWP 14, 21, 26, 29, 33, 37, 38, 0.5 acres in size. The permittee may ask General Condition 13. A letter may also C, and D. The District Engineer will, the Corps to delineate the special be used. upon receipt of a notification, provide aquatic site. There may be some delay (d) District Engineer’s Decision. In immediately (e.g., facsimile if the Corps does the delineation. reviewing the pre-construction transmission, overnight mail or other Furthermore, the 30-day period (45 days notification for the proposed activity, expeditious manner) a copy to the for NWP 26) will not start until the the District Engineer will determine appropriate offices of the Fish and wetland delineation has been completed whether the activity will result in more Wildlife Service, State natural resource and submitted to the Corps, where than minimal individual or cumulative or water quality agency, EPA, State appropriate. adverse environmental effects or may be Historic Preservation Officer (SHPO), (g) Mitigation. Factors that the District contrary to the public interest. The and, if appropriate, the National Marine Engineer will consider when prospective permittee may, at his Fisheries Service. With the exception of determining the acceptability of option, submit a proposed mitigation NWP 37, these agencies will then have appropriate and practicable mitigation plan with the pre-construction 5 calendar days (7 calendar days for include, but are not limited to: notification to expedite the process and NWP 26) from the date the material is (i) To be practicable, the mitigation the District Engineer will consider any transmitted to telephone or fax the must be available and capable of being optional mitigation the applicant has District Engineer if they intend to done considering costs, existing included in the proposal in determining provide substantive, site-specific technology, and logistics in light of whether the net adverse environmental comments. If so contacted by an agency, overall project purposes; effects of the proposed work are the District Engineer will wait an (ii) To the extent appropriate, minimal. If the District Engineer deter- additional 10 calendar days (14 calendar permittees should consider mitigation mines that the activity complies with days for NWP 26) before making a banking and other forms of mitigation the terms and conditions of the NWP decision on the notification. The District including contributions to wetland trust and that the adverse effects are minimal, Engineer will fully consider agency funds, which contribute to the the District Engineer will notify the comments received within the specified restoration, creation, replacement, permittee and include any agreed upon time frame, but will provide no enhancement, or preservation of special conditions and/or mitigation. response to the resource agency. The wetlands. Furthermore, examples of Any mitigation proposal must be District Engineer will indicate in the mitigation that may be appropriate and approved by the District Engineer prior administrative record associated with practicable include but are not limited to commencing work. If the prospective each notification that the resource to: reducing the size of the project; permittee elects to submit a mitigation agencies’ concerns were considered. establishing buffer zones to protect plan, the District Engineer will Applicants are encouraged to provide aquatic resource values; and replacing expeditiously review the proposed the Corps multiple copies of the loss of aquatic resource values by mitigation plan, but will not commence notifications to expedite agency creating, restoring, and enhancing a second 30-day notification procedure. notification. similar functions and values. In Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30795 addition, mitigation must address production, unless the discharge is must not permanently restrict or impede effects and cannot be used to offset the directly related to a shellfish harvesting the passage of normal or expected high acreage of wetland losses that would activity authorized by NWP 4. flows or cause the relocation of the occur in order to meet the acreage limits 3. Suitable material. No discharge of water (unless the primary purpose of the of some of the NWPs (e.g. 5 acres of dredged or fill material may consist of fill is to impound waters). wetlands cannot be created to change a unsuitable material (e.g., trash, debris, 7. Adverse impacts from 6-acre loss of wetlands to a 1 acre loss; car bodies, etc.) and material discharged however, the 5 created acres can be used must be free from toxic pollutants in impoundments. If the discharge creates to reduce the effects of the 6-acre loss). toxic amounts (see Section 307 of the an impoundment of water, adverse Clean Water Act). impacts on the aquatic system caused by Section 404 Only Conditions 4. Mitigation. Discharges of dredged the accelerated passage of water and/or In addition to the General Conditions, or fill material into waters of the United the restriction of its flow shall be the following conditions apply only to States must be minimized or avoided to minimized to the maximum extent activities that involve the discharge of the maximum extent practicable at the practicable. dredged or fill material and must be project site (i.e., on-site), unless the 8. Waterfowl breeding areas. followed in order for authorization by District Engineer approves a Discharges into breeding areas for the NWPs to be valid: compensation plan that the District migratory waterfowl must be avoided to 1. Water supply intakes. No discharge Engineer determines is more beneficial the maximum extent practicable. of dredged or fill material may occur in to the environment than on-site the proximity of a public water supply minimization or avoidance measures. 9. Removal of temporary fills. Any intake except where the discharge is for 5. Spawning areas. Discharges in temporary fills must be removed in their repair of the public water supply intake spawning areas during spawning entirety and the affected areas returned structures or adjacent bank stabilization. seasons must be avoided to the to their preexisting elevation. 2. Shellfish production. No discharge maximum extent practicable. [FR Doc. 96–15223 Filed 6–14–96; 8:45 am] of dredged or fill material may occur in 6. Obstruction of high flows. To the areas of concentrated shellfish maximum extent practicable, discharges BILLING CODE 3710±92±P i

Reader Aids Federal Register Vol. 61, No. 117 Monday, June 17, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 8 CFR Laws 3 CFR Public Laws Update Services (numbers, dates, etc.) 523±6641 103...... 28003 Proclamations: 299...... 28003 For additional information 523±5227 6902...... 28465 6903...... 29633 Proposed Rules: Presidential Documents 214...... 30188 Executive Orders: 523±5227 273...... 29323 Executive orders and proclamations October 22, 1854 The United States Government Manual 523±5227 (Revoked in part by 9 CFR PLO 7022)...... 29758 Other Services Proposed Rules: February 1, 1886 (See Electronic and on-line services (voice) 523±4534 1...... 30545 PLO 7148)...... 29129 Privacy Act Compilation 523±3187 3...... 30545 April 13, 1912 523±5229 92...... 27797, 28073 TDD for the hearing impaired (Revoked by PLO 95...... 30189 7200) ...... 29758 101...... 29462 December 31, 1912 ELECTRONIC BULLETIN BOARD 112...... 29462 (Revoked in part by Free Electronic Bulletin Board service for Public Law numbers, PLO 7199)...... 29128 10 CFR Federal Register finding aids, and list of documents on public 12880...... 28721 inspection. 202±275±0920 13008...... 28721 30...... 29636 40...... 29636 FAX-ON-DEMAND Administrative Orders: 50...... 30129 You may access our Fax-On-Demand service. You only need a fax Presidential Determinations: 51...... 28467 machine and there is no charge for the service except for long 96±27 of May 28, 70...... 29636 distance telephone charges the user may incur. The list of 1996 ...... 29001 71...... 28723 documents on public inspection and the daily Federal Register’s 96±28 of May 29, 72...... 29636 table of contents are available using this service. The document 1996 ...... 29453 1703...... 28725 96±29 of May 31, numbers are 7050-Public Inspection list and 7051-Table of Proposed Rules: Contents list. The public inspection list will be updated 1996 ...... 29455 430...... 28517 immediately for documents filed on an emergency basis. 96±30 of June 3, 1996 ...... 29457 12 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 96±31 of June 6, 219...... 29638 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1996 ...... 30127 public inspection may be viewed and copied in our office located 336...... 28725 Memorandums: 747...... 28021 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 96±26 of May 22, Proposed Rules: telephone number is: 301±713±6905 1996 ...... 27767 204...... 30545 5 CFR 229...... 27802 FEDERAL REGISTER PAGES AND DATES, JUNE 545...... 29976, 30190 532...... 27995, 27996 27767±27994...... 3 556...... 30190 Proposed Rules: 27995±28466...... 4 559...... 29976 2429...... 28797 560...... 29976, 30190 28467±28722...... 5 2470...... 28797 563...... 29976, 30190 28723±29000...... 6 2471...... 28798 567...... 29976 29001±29266...... 7 2472...... 28798 571...... 29976, 30190 29267±29458...... 10 2473...... 28798 703...... 29697 29459±29632...... 11 704...... 28085 29633±29922...... 12 7 CFR 709...... 28085 29923±30126...... 13 6...... 28723 741...... 28085 30127±30494...... 14 10...... 30495 1270...... 29592 30495±30796...... 17 29 ...... 27997, 29923, 29924 610...... 27998 14 CFR 922...... 30495 25...... 28684 928...... 28000 27...... 29928, 29931 929...... 30497 29...... 29931 948...... 29635 33...... 28430 982...... 29924 39 ...... 28028, 28029, 28031, 985...... 2945 28497, 28498, 28730, 28732, 997...... 29926 28734, 28736, 28738, 29003, 998...... 29927 29007, 29009, 29267, 29269, 1208...... 30498 29271, 29274, 29276, 29278, 1230...... 28002 29279, 29465, 29467, 29468, 1240...... 29461 29641, 29642, 29931, 29932, Proposed Rules: 29934, 30501, 30505 457...... 27512 71 ...... 28033, 28034, 28035, ii Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Reader Aids

28036, 28037, 28038, 28039, 132...... 28522 864...... 30197 520...... 28823 28040, 28041, 28042, 28043, 144...... 28808 1250...... 29701 521...... 28823 28044, 28045, 28740, 28741, 151...... 28522 602...... 29653 28742, 28743, 29472, 29645, 351...... 28821 22 CFR 299336, 29937, 29938, 353...... 28821 50...... 29651 27 CFR 30507, 30670 355...... 28821 51...... 29940 9...... 29949, 29952 73...... 30508 81...... 29940 70...... 29954 20 CFR 91...... 28416 82...... 29940 71...... 29954 95...... 27769 404...... 28046 83...... 29940 200...... 29956 97...... 29015, 29016 21 CFR 84...... 29940 Proposed Rules: 119...... 30432 85...... 29940 0...... 30013 121 ...... 28416, 30432, 30726, 14...... 28047, 28048 86...... 29940 5...... 30015 30734 70...... 28525 87...... 29940 18...... 30017 125...... 28416 73...... 28525 88...... 29940 20...... 30019 135 ...... 28416, 30432, 30734 74...... 28525 89...... 29941 22...... 30019 302...... 29282 80...... 28525 514...... 29285 70...... 30013 373...... 29284 81...... 28525 Proposed Rules: 250...... 30021 399 ...... 29018, 29645, 29646 82...... 28525 603...... 30009 Proposed Rules: 100...... 27771 28 CFR Ch. I ...... 28803 101...... 27771, 28525 23 CFR Proposed Rules: 103...... 27771 39 ...... 28112, 28114, 28518, 1206...... 28745 74...... 29715 104...... 27771 28520, 29038, 29499, 29501, 1215...... 28747 74...... 29716 105...... 27771 29697, 29992, 29994, 29996, 1230...... 28750 109...... 27771 29 CFR 30548 Proposed Rules: 71 ...... 28803, 29449, 29699, 137...... 27771 1915...... 29957 161...... 27771 655...... 29234, 29624 29700, 30550 777...... 30553 1952...... 28053 121...... 29000, 30551 163...... 27771 2619...... 30160 135...... 30551 172...... 27771 24 CFR 2676...... 30160 250...... 27818 175...... 29474 177...... 28049, 29474 3500 ...... 59238, 29255, 29258, Proposed Rules: 102...... 30570 15 CFR 178...... 28051, 28525 29264 1904...... 27850 182...... 27771 Proposed Rules: Ch. XII...... 30509 1915...... 28824 186...... 27771 35...... 29170 Proposed Rules: 1952...... 27850 189...... 29650 36...... 29170 902...... 29628 37...... 29170 2509...... 29586 946...... 28804 197...... 27771 200...... 29476 25 CFR 30 CFR 16 CFR 201...... 28525 250...... 29476 65...... 27780 75...... 29287 305...... 29939 310...... 29476 66...... 27780 Proposed Rules: 1010...... 29646 520...... 29477, 29650 76...... 27780 218...... 28829 1019...... 29646 522 ...... 29478, 29479, 29480 Proposed Rules: 250...... 28525 Proposed Rules: 556...... 29477 1...... 27821 256...... 28528 419...... 29039 558 ...... 29477, 29481, 30133 150...... 27822 935...... 29504 154...... 30559 946...... 29506 17 CFR 700...... 27771 161...... 29285 701...... 28525 33 CFR 210...... 30397 Proposed Rules: 162...... 30560 228...... 30376, 30397 1...... 28116 166...... 27824 3...... 29958 229...... 30376, 30397 2...... 28116 175...... 29040 62...... 27780, 29449 230...... 30397 3...... 28116 217...... 27831 100 ...... 27782, 28501, 28502, 232...... 30397 5...... 28116 271...... 27833 28503, 29019 239...... 30397 10...... 28116 272...... 27833 117...... 29654, 29959 240 ...... 30376, 30396, 30397 12...... 28116 274...... 27833 165 ...... 28055, 29020, 29021, 249...... 30376, 30397 20...... 28116 277...... 27833 29022, 29655, 29656 Proposed Rules: 278...... 27833 56...... 28116 34 CFR 1...... 28806 58...... 28116 290...... 29044 230...... 30405 70...... 29701 600...... 29898 239...... 30405 71...... 29701 26 CFR 668...... 29898, 29960 240...... 30405 80...... 29701 1...... 30133 685...... 29898 249...... 30405 101...... 29701, 29708 26...... 29653 Proposed Rules: 274...... 30405 107...... 29701 40...... 28053 701...... 27990 170...... 29701, 29711 48...... 28053 18 CFR 36 CFR 171...... 29701, 29711 602...... 30133 35...... 30509 172...... 29701, 29711 Proposed Rules: 6...... 28504 385...... 30509 173...... 29701, 29711 1 ...... 27833, 27834, 28118, 7...... 28505, 28751 174...... 29701 28821, 28823 17...... 28506 19 CFR 175...... 29701, 29711 26...... 29714 Proposed Rules: 10...... 28932 176...... 29711 31...... 28823 7...... 28530 12...... 28500, 28932 177...... 29701, 29711 35a...... 28823 102...... 28932 178...... 29701, 29711 301 ...... 28823, 29653, 30012 37 CFR 134...... 28932 182...... 29711 502...... 28823 Proposed Rules: 178...... 28500 184...... 29701, 29711 503...... 28823 202...... 28829 Proposed Rules: 200...... 29502 509...... 28823 19...... 28808 250...... 29502 513...... 28823 38 CFR 101...... 30552 310...... 29502 514...... 28823 1 ...... 29023, 29024, 29481, 113...... 28808 343...... 30002 516...... 28823 29657 122...... 30552 730...... 29708 517...... 28823 2...... 27783 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Reader Aids iii

6...... 29024 180 ...... 28118, 28120, 30200, 47 CFR 565...... 29031 7...... 29025 30202, 30204 Ch. I ...... 30531 567...... 29031 8...... 29289 186...... 30204 0...... 29311 571 ...... 28423, 29031, 29493 8a...... 29027 270...... 30472 15...... 29679, 30532 574...... 29493 14...... 27783 271...... 30472 22...... 29679 1039...... 29036 17...... 29293 300...... 30207, 30575 24...... 29679 1150...... 29973 20...... 29027 73 ...... 28766, 29311, 29491, 1312...... 30181 21 ...... 28753, 28755, 29028, 41 CFR 29492 Proposed Rules: 29294, 29297, 29449 Proposed Rules: 74...... 28766 6...... 28831 36...... 28057 101±20...... 30028 76...... 28698, 29312 10...... 29522 39 CFR 95...... 28768 223...... 30672 42 CFR 101...... 29679 229...... 30672 233...... 28059 Proposed Rules: Proposed Rules: 232...... 30672 40 CFR 72...... 29327 Ch. I ...... 30579 238...... 30672 412...... 29449 0...... 28122 391...... 28547 15...... 28755 413...... 29449 36...... 30028 571 ...... 28123, 28124, 28550, 32...... 28755 489...... 29449 64...... 30581 28560, 29337, 30209, 30586 51...... 30162 69...... 30028 52 ...... 28061, 29483, 29659, 43 CFR 73...... 30584, 30585 29662 29659, 29961, 29963, 50 CFR 2120...... 29030 76...... 29333, 29336 29965, 29970 Ch. VI...... 30543 4100...... 29030 80...... 28122 55...... 28757 36...... 29495 4600...... 29030 60...... 29485, 29876 48 CFR 216...... 27793 62...... 29666 Proposed Rules: 230...... 29628 6000...... 28546 Proposed Rules: 63 ...... 27785, 29485, 29876 45...... 27851 247...... 27793 6100...... 28546 73...... 28761 52...... 27851 285...... 30182, 30183 6200...... 28546 80 763 1501...... 29314 301...... 29695, 29975 6300...... 28546 81...... 29667, 29970 1509...... 29314 620...... 27795 6400...... 28546 82...... 29485 1510...... 29314 656...... 29321 6500...... 28546 152...... 30163 1515...... 29314 663...... 28786, 28796 6600...... 28546 180 ...... 29672 29674, 29676, 1528...... 29493 672...... 28069, 28070 7100...... 28546 30163, 30165, 30167, 30170, 1532...... 29314 675 ...... 27796, 28071, 28072, 7200...... 28546 30171 1552...... 29314, 29493 29696, 30544 7300±9000...... 28546 186...... 30171 1553...... 29314 697...... 29321 8000...... 29678 264...... 28508 Proposed Rules: 8300...... 29679 265...... 28508 49 CFR 17 ...... 28834, 29047, 30209, 270...... 28508 44 CFR Ch. I ...... 30444 30588 271...... 28508 106...... 30175 20...... 30114, 30490 300 ...... 27788, 28511, 29678, 64...... 28067 107...... 27948 216...... 30212 30510 65...... 29488, 29489 130...... 30533 217...... 30588 799...... 29486 67...... 29490 171...... 28666 227...... 30588 Proposed Rules: Proposed Rules: 172...... 28666 285...... 30214 35...... 30472 67...... 29518 173...... 28666 625...... 27851 50...... 29719 174...... 28666 641...... 29339 52 ...... 28531, 28541, 29508, 46 CFR 178...... 28666 650...... 27862 29515, 29725, 30023, 30024 108...... 28260 179...... 28666 651 ...... 27862, 27948, 30029 62...... 29725 110...... 28260 190...... 27789 669...... 30589 70...... 30570 111...... 28260 191...... 27789 675...... 29726 73...... 28830, 28996 112...... 28260 192...... 27789, 28770 676...... 29729 81 ...... 28541, 29508, 29515, 113...... 28260 193...... 27789 29726 161...... 28260 541...... 29031 iv Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Reader Aids

REMINDERS Airplane simulators; DEFENSE DEPARTMENT Virginia; comments due by The rules and proposed rules advanced training Federal Acquisition Regulation 6-24-96; published 5-7-96 in this list were editorially program; published 6-17- (FAR): FEDERAL DEPOSIT compiled as an aid to Federal 96 Federal Acquisition INSURANCE CORPORATION Register users. Inclusion or Check airmen and flight Streamlining Act of 1994; Government securities sales exclusion from this list has no instructors in simulators; implementation-- practices: separate training and legal significance. Commercially available Banks' conduct of business qualification requirements; off-the-shelf item as government securities published 6-17-96 acquisition; comments RULES GOING INTO brokers or dealers; Airworthiness directives: due by 6-28-96; standards; comments due EFFECT TODAY Dornier; published 6-10-96 published 5-13-96 by 6-24-96; published 4- McDonnell Douglas; Late offers consideration; 25-96 AGRICULTURE published 5-31-96 comments due by 6-24- Securities transactions; DEPARTMENT SAAB; published 5-31-96 96; published 4-25-96 recordkeeping and Classified information; TRANSPORTATION ENVIRONMENTAL confirmation requirements; classification, DEPARTMENT PROTECTION AGENCY comments due by 6-24-96; declassification, and Federal Transit Air quality implementation published 5-24-96 safeguarding; CFR part Administration plans; approval and FEDERAL RESERVE removed; published 6-17-96 Capital leases; published 5-17- promulgation; various SYSTEM COMMERCE DEPARTMENT 96 States: Membership of State banking National Oceanic and TRANSPORTATION North Carolina; comments institutions and international Atmospheric Administration DEPARTMENT due by 6-24-96; published banking operations Fishery conservation and 5-23-96 (Regulations H and K): Research and Special management: Programs Administration Pennsylvania; comments Banks conduct of business Fishery management plan due by 6-28-96; published Hazardous materials: as government securities development limitations; 6-11-96 brokers or dealers; Hazardous materials interpretation; published 6- Washington; comments due standards; comments due transportation-- 17-96 by 6-24-96; published 5- by 6-24-96; published 4- Bulk packagings ENVIRONMENTAL 23-96 25-96 containing oil; oil spill PROTECTION AGENCY Clean Air Act: Truth in lending (Regulation prevention and Z): Air quality implementation response plans; State operating permits plans; approval and published 6-17-96 programs-- Creditor-liability rules for promulgation; various Vermont; comments due closed-end loans secured States: by 6-27-96; published by real property or Alaska; published 5-16-96 COMMENTS DUE NEXT 5-24-96 dwellings (consummated Clean Air Act: WEEK Hazardous waste program on or after September 30, authorizations: 1995); comments due by State operating permits 6-24-96; published 5-24- programs-- AGRICULTURE Kentucky; comments due by DEPARTMENT 96 New Jersey; published 5- 6-24-96; published 5-23- 16-96 Animal and Plant Health 96 GENERAL SERVICES Inspection Service ADMINISTRATION FEDERAL Tennessee; comments due Plant-related quarantine, Federal Acquisition Regulation COMMUNICATIONS by 6-24-96; published 5- domestic: (FAR): COMMISSION 23-96 Karnal bunt disease-- Federal Acquisition Radio stations; table of Pesticides; tolerances in food, Streamlining Act of 1994; assignments: California; comments due animal feeds, and raw by 6-24-96; published agricultural commodities: implementation-- California; published 5-14-96 4-25-96 Commercially available Indiana; published 5-13-96 Methyl esters of tall-oil fatty Plant-related quarantine, acids; comments due by off-the-shelf item New York; published 5-10- foreign: 6-28-96; published 5-29- acquisition; comments 96 Fruits and vegetables; 96 due by 6-28-96; Oregon; published 5-10-96 importation; comments Metolachlor; comments due published 5-13-96 HOUSING AND URBAN due by 6-28-96; published by 6-24-96; published 5- Late offers consideration; DEVELOPMENT 4-29-96 24-96 comments due by 6-24- 96; published 4-25-96 DEPARTMENT ARMS CONTROL AND FEDERAL Community facilities: DISARMAMENT AGENCY COMMUNICATIONS HEALTH AND HUMAN Opportunities for youth; Service of process, production COMMISSION SERVICES DEPARTMENT Youthbuild program; of official information, and Radio services, special: Food and Drug administrative costs; agency employees Maritime services-- Administration published 5-17-96 testimony; comments due by Large cargo and small Food for human consumption: NUCLEAR REGULATORY 6-28-96; published 5-28-96 passenger ships; radio Food standards of identity, COMMISSION COMMERCE DEPARTMENT installation inspection; quality and container fill Termination or transfer of National Oceanic and comments due by 6-24- and common or unusual licensed activities; Atmospheric Administration 96; published 6-4-96 name for nonstandardized recordkeeping requirements; Fishery conservation and Radio stations; table of foods; comments due by published 5-16-96 management: assignments: 6-28-96; published 5-1-96 TRANSPORTATION Alaska scallop; comments Minnesota; comments due HOUSING AND URBAN DEPARTMENT due by 6-28-96; published by 6-28-96; published 5- DEVELOPMENT Federal Aviation 5-3-96 14-96 DEPARTMENT Administration Summer flounder; comments Nevada; comments due by Federal regulatory review: Air carrier certification and due by 6-24-96; published 6-27-96; published 5-10- Hearing procedures; operations: 5-7-96 96 streamlining; comments Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Reader Aids v

due by 6-24-96; published NATIONAL AERONAUTICS Aged, blind, and disabled-- SAAB; comments due by 6- 4-23-96 AND SPACE Administration fees for 24-96; published 4-25-96 ADMINISTRATION making State Manufactured home Class B airspace; comments Federal Acquisition Regulation supplementary construction and safety due by 6-24-96; published (FAR): payments and interest standards: 5-10-96 Transportation of Federal Acquisition on such payment funds; manufactured homes; Streamlining Act of 1994; comments due by 6-25- Class E airspace; comments overloading of tires by up implementation-- 96; published 4-26-96 due by 6-28-96; published to 18 percent; comments Commercially available TRANSPORTATION 5-29-96 due by 6-24-96; published off-the-shelf item DEPARTMENT TRANSPORTATION 4-23-96 acquisition; comments Coast Guard Drawbridge operations: DEPARTMENT INTERIOR DEPARTMENT due by 6-28-96; published 5-13-96 Louisiana; comments due by Fish and Wildlife Service Federal Highway Late offers consideration; 6-25-96; published 4-26- Administration Endangered and threatened comments due by 6-24- 96 species: 96; published 4-25-96 Regattas and marine parades: Motor carrier safety regulations: Northern spotted owl; NATIONAL ARCHIVES AND Connecticut River Raft comments due by 6-27- RECORDS ADMINISTRATION Race; comments due by Parts and accessories 96; published 6-17-96 Nixon administration 6-27-96; published 5-13- necessary for safe INTERIOR DEPARTMENT presidential historical 96 operation-- Minerals Management materials; preservation, TRANSPORTATION Manufactured homes Service protection, and access DEPARTMENT Federal Aviation transportation; Outer Continental Shelf; oil, procedures; comments due Administration overloading of tires by gas, and sulphur operations: by 6-24-96; published 4-23- 96 Airworthiness directives: up to 18 percent; Lessees; flexibility in comments due by 6-24- NATIONAL CREDIT UNION Aerospace Technologies of keeping leases in force Australia; comments due 96; published 4-23-96 beyond primary term; ADMINISTRATION Credit unions: by 6-28-96; published 3- Right-of-way and environment: comments due by 6-24- 22-96 96; published 4-25-96 Investment and deposit Boeing; comments due by Right-of-way program JUSTICE DEPARTMENT activities; comments due administration; obsolete by 6-26-96; published 3-5- 6-24-96; published 4-25- Prisons Bureau 96 and redundant regulations 96 removed; comments due Inmate conrol, custody, care, Fairchild; comments due by NUCLEAR REGULATORY by 6-24-96; published 4- etc.: 6-24-96; published 4-26- COMMISSION 96 25-96 Intensive confinement center Production and utilization program; comments due Hamilton Standard; TREASURY DEPARTMENT facilities; domestic licensing: comments due by 6-24- by 6-25-96; published 4- Nuclear power plants-- 26-96 96; published 4-24-96 Comptroller of the Currency Decommissioning; Hartzell Propeller Inc.; Government securities sales LIBRARY OF CONGRESS financial assurance comments due by 6-25- practices: Procedures and services: requirements; comments 96; published 4-26-96 Library materials acquisition due by 6-24-96; Learjet; comments due by Banks' conduct of business by non-purchase means published 4-8-96 6-24-96; published 5-13- as government securities and surplus library SOCIAL SECURITY 96 brokers or dealers; materials disposition; ADMINISTRATION New Piper Aircraft, Inc.; standards; comments due comments due by 6-24- Supplementary security comments due by 6-25- by 6-24-96; published 4- 96; published 5-23-96 income: 96; published 4-25-96 25-96 vi Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Reader Aids

CFR CHECKLIST Title Stock Number Price Revision Date 60–139 ...... (869–028–00041–0) ...... 30.00 Jan. 1, 1996 140–199 ...... (869–028–00042–8) ...... 13.00 Jan. 1, 1996 This checklist, prepared by the Office of the Federal Register, is 200–1199 ...... (869–028–00043–6) ...... 23.00 Jan. 1, 1996 published weekly. It is arranged in the order of CFR titles, stock 1200–End ...... (869–028–00044–4) ...... 16.00 Jan. 1, 1996 numbers, prices, and revision dates. 15 Parts: An asterisk (*) precedes each entry that has been issued since last 0–299 ...... (869–028–00045–2) ...... 16.00 Jan. 1, 1996 week and which is now available for sale at the Government Printing 300–799 ...... (869–028–00046–1) ...... 26.00 Jan. 1, 1996 Office. 800–End ...... (869–028–00047–9) ...... 18.00 Jan. 1, 1996 A checklist of current CFR volumes comprising a complete CFR set, also appears in the latest issue of the LSA (List of CFR Sections 16 Parts: Affected), which is revised monthly. 0–149 ...... (869–028–00048–7) ...... 6.50 Jan. 1, 1996 150–999 ...... (869–028–00049–5) ...... 19.00 Jan. 1, 1996 The annual rate for subscription to all revised volumes is $883.00 1000–End ...... (869–028–00050–9) ...... 26.00 Jan. 1, 1996 domestic, $220.75 additional for foreign mailing. Mail orders to the Superintendent of Documents, Attn: New Orders, 17 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–199 ...... (869–026–00054–9) ...... 20.00 Apr. 1, 1995 accompanied by remittance (check, money order, GPO Deposit 200–239 ...... (869–026–00055–7) ...... 24.00 Apr. 1, 1995 Account, VISA, or Master Card). Charge orders may be telephoned 240–End ...... (869–026–00056–5) ...... 30.00 Apr. 1, 1995 to the GPO Order Desk, Monday through Friday, at (202) 512±1800 18 Parts: from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders *1–149 ...... (869–028–00055–0) ...... 17.00 Apr. 1, 1996 to (202) 512-2233. 150–279 ...... (869–026–00058–1) ...... 13.00 Apr. 1, 1995 Title Stock Number Price Revision Date *280–399 ...... (869–028–00057–6) ...... 13.00 Apr. 1, 1996 *400–End ...... (869–028–00058–4) ...... 11.00 Apr. 1, 1996 1, 2 (2 Reserved) ...... (869–028–00001–1) ...... $4.25 Feb. 1, 1996 19 Parts: 3 (1995 Compilation 1–140 ...... (869–026–00061–1) ...... 25.00 Apr. 1, 1995 and Parts 100 and 141–199 ...... (869–026–00062–0) ...... 21.00 Apr. 1, 1995 1 101) ...... (869–028–00002–9) ...... 22.00 Jan. 1, 1996 *200–End ...... (869–028–00061–4) ...... 12.00 Apr. 1, 1996 4 ...... (869–028–00003–7) ...... 5.50 Jan. 1, 1996 20 Parts: 5 Parts: 1–399 ...... (869–026–00064–6) ...... 20.00 Apr. 1, 1995 1–699 ...... (869–028–00004–5) ...... 26.00 Jan. 1, 1996 400–499 ...... (869–026–00065–4) ...... 34.00 Apr. 1, 1995 700–1199 ...... (869–028–00005–3) ...... 20.00 Jan. 1, 1996 *500–End ...... (869–028–00064–9) ...... 32.00 Apr. 1, 1996 1200–End, 6 (6 21 Parts: Reserved) ...... (869–028–00006–1) ...... 25.00 Jan. 1, 1996 1–99 ...... (869–026–00067–1) ...... 16.00 Apr. 1, 1995 7 Parts: 100–169 ...... (869–026–00068–9) ...... 21.00 Apr. 1, 1995 0–26 ...... (869–028–00007–0) ...... 22.00 Jan. 1, 1996 170–199 ...... (869–026–00069–7) ...... 22.00 Apr. 1, 1995 *27–45 ...... (869–028–00008–8) ...... 11.00 Jan. 1, 1996 200–299 ...... (869–026–00070–1) ...... 7.00 Apr. 1, 1995 46–51 ...... (869–028–00009–6) ...... 13.00 Jan. 1, 1996 300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 52 ...... (869–028–00010–0) ...... 5.00 Jan. 1, 1996 500–599 ...... (869–026–00072–7) ...... 22.00 Apr. 1, 1995 53–209 ...... (869–028–00011–8) ...... 17.00 Jan. 1, 1996 600–799 ...... (869–026–00073–5) ...... 9.50 Apr. 1, 1995 210–299 ...... (869–028–00012–6) ...... 35.00 Jan. 1, 1996 800–1299 ...... (869–026–00074–3) ...... 23.00 Apr. 1, 1995 300–399 ...... (869–028–00013–4) ...... 17.00 Jan. 1, 1996 1300–End ...... (869–026–00075–1) ...... 13.00 Apr. 1, 1995 400–699 ...... (869–028–00014–2) ...... 22.00 Jan. 1, 1996 700–899 ...... (869–028–00015–1) ...... 25.00 Jan. 1, 1996 22 Parts: 900–999 ...... (869–028–00016–9) ...... 30.00 Jan. 1, 1996 1–299 ...... (869–026–00076–0) ...... 33.00 Apr. 1, 1995 *1000–1199 ...... (869–028–00017–7) ...... 35.00 Jan. 1, 1996 *300–End ...... (869–028–00075–4) ...... 24.00 Apr. 1, 1996 1200–1499 ...... (869–028–00018–5) ...... 29.00 Jan. 1, 1996 23 ...... (869–026–00078–6) ...... 22.00 Apr. 1, 1995 1500–1899 ...... (869–028–00019–3) ...... 41.00 Jan. 1, 1996 1900–1939 ...... (869–028–00020–7) ...... 16.00 Jan. 1, 1996 24 Parts: *1940–1949 ...... (869–028–00021–5) ...... 31.00 Jan. 1, 1996 0–199 ...... (869–026–00079–4) ...... 40.00 Apr. 1, 1995 1950–1999 ...... (869–028–00022–3) ...... 39.00 Jan. 1, 1996 200–219 ...... (869–026–00080–8) ...... 19.00 Apr. 1, 1995 2000–End ...... (869–028–00023–1) ...... 15.00 Jan. 1, 1996 220–499 ...... (869–026–00081–6) ...... 23.00 Apr. 1, 1995 500–699 ...... (869–026–00082–4) ...... 20.00 Apr. 1, 1995 8 ...... (869–028–00024–0) ...... 23.00 Jan. 1, 1996 700–899 ...... (869–026–00083–2) ...... 24.00 Apr. 1, 1995 9 Parts: 900–1699 ...... (869–026–00084–1) ...... 24.00 Apr. 1, 1995 1–199 ...... (869–028–00025–8) ...... 30.00 Jan. 1, 1996 1700–End ...... (869–026–00085–9) ...... 17.00 Apr. 1, 1995 200–End ...... (869–026–00028–0) ...... 23.00 Jan. 1, 1995 25 ...... (869–026–00086–7) ...... 32.00 Apr. 1, 1995 10 Parts: 26 Parts: 0–50 ...... (869–028–00027–4) ...... 30.00 Jan. 1, 1996 §§ 1.0-1–1.60 ...... (869–026–00087–5) ...... 21.00 Apr. 1, 1995 51–199 ...... (869–028–00028–2) ...... 24.00 Jan. 1, 1996 §§ 1.61–1.169 ...... (869–026–00088–3) ...... 34.00 Apr. 1, 1995 200–399 ...... (869–028–00029–1) ...... 5.00 Jan. 1, 1996 §§ 1.170–1.300 ...... (869–026–00089–1) ...... 24.00 Apr. 1, 1995 400–499 ...... (869–028–00030–4) ...... 21.00 Jan. 1, 1996 §§ ...... 500–End ...... (869–028–00031–2) ...... 34.00 Jan. 1, 1996 1.301–1.400 (869–026–00090–5) 17.00 Apr. 1, 1995 §§ 1.401–1.440 ...... (869–026–00091–3) ...... 30.00 Apr. 1, 1995 11 ...... (869–028–00032–1) ...... 15.00 Jan. 1, 1996 §§ 1.441-1.500 ...... (869-026-00092-1) ...... 22.00 Apr. 1, 1995 12 Parts: §§ 1.501–1.640 ...... (869–026–00093–0) ...... 21.00 Apr. 1, 1995 1–199 ...... (869–028–00033–9) ...... 12.00 Jan. 1, 1996 §§ 1.641–1.850 ...... (869–026–00094–8) ...... 25.00 Apr. 1, 1995 200–219 ...... (869–028–00034–7) ...... 17.00 Jan. 1, 1996 §§ 1.851–1.907 ...... (869–026–00095–6) ...... 26.00 Apr. 1, 1995 220–299 ...... (869–028–00035–5) ...... 29.00 Jan. 1, 1996 §§ 1.908–1.1000 ...... (869–026–00096–4) ...... 27.00 Apr. 1, 1995 *300–499 ...... (869–028–00036–3) ...... 21.00 Jan. 1, 1996 §§ 1.1001–1.1400 ...... (869–026–00097–2) ...... 25.00 Apr. 1, 1995 500–599 ...... (869–028–00037–1) ...... 20.00 Jan. 1, 1996 §§ 1.1401–End ...... (869–026–00098–1) ...... 33.00 Apr. 1, 1995 600–End ...... (869–028–00038–0) ...... 31.00 Jan. 1, 1996 2–29 ...... (869–026–00099–9) ...... 25.00 Apr. 1, 1995 30–39 ...... (869–026–00100–6) ...... 18.00 Apr. 1, 1995 13 ...... (869–028–00039–8) ...... 18.00 Mar. 1, 1996 40–49 ...... (869–026–00101–4) ...... 14.00 Apr. 1, 1995 14 Parts: 50–299 ...... (869–026–00102–2) ...... 14.00 Apr. 1, 1995 1–59 ...... (869–028–00040–1) ...... 34.00 Jan. 1, 1996 300–499 ...... (869–026–00103–1) ...... 24.00 Apr. 1, 1995 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Reader Aids vii

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–028–00102–5) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–026–00157–0) ...... 25.00 July 1, 1995 600–End ...... (869–026–00105–7) ...... 8.00 Apr. 1, 1995 790–End ...... (869–026–00158–8) ...... 15.00 July 1, 1995 27 Parts: 41 Chapters: 1–199 ...... (869–026–00106–5) ...... 37.00 Apr. 1, 1995 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–026–00107–3) ...... 13.00 6Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–026–00108–1) ...... 27.00 July 1, 1995 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-026-00109-0) ...... 22.00 July 1, 1995 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–026–00110–3) ...... 21.00 July 1, 1995 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–026–00111–1) ...... 9.50 July 1, 1995 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–026–00112–0) ...... 36.00 July 1, 1995 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–026–00113–8) ...... 17.00 July 1, 1995 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 1910.999) ...... (869–026–00114–6) ...... 33.00 July 1, 1995 101 ...... (869–026–00160–0) ...... 29.00 July 1, 1995 1910 (§§ 1910.1000 to 102–200 ...... (869–026–00161–8) ...... 15.00 July 1, 1995 end) ...... (869–026–00115–4) ...... 22.00 July 1, 1995 201–End ...... (869–026–00162–6) ...... 13.00 July 1, 1995 1911–1925 ...... (869–026–00116–2) ...... 27.00 July 1, 1995 42 Parts: 1926 ...... (869–026–00117–1) ...... 35.00 July 1, 1995 1–399 ...... (869–026–00163–4) ...... 26.00 Oct. 1, 1995 1927–End ...... (869–026–00118–9) ...... 36.00 July 1, 1995 400–429 ...... (869–026–00164–2) ...... 26.00 Oct. 1, 1995 30 Parts: 430–End ...... (869–026–00165–1) ...... 39.00 Oct. 1, 1995 1–199 ...... (869–026–00119–7) ...... 25.00 July 1, 1995 43 Parts: 200–699 ...... (869–026–00120–1) ...... 20.00 July 1, 1995 1–999 ...... (869–026–00166–9) ...... 23.00 Oct. 1, 1995 700–End ...... (869–026–00121–9) ...... 30.00 July 1, 1995 1000–3999 ...... (869–026–00167–7) ...... 31.00 Oct. 1, 1995 31 Parts: 4000–End ...... (869–026–00168–5) ...... 15.00 Oct. 1, 1995 0–199 ...... (869–026–00122–7) ...... 15.00 July 1, 1995 44 ...... (869–026–00169–3) ...... 24.00 Oct. 1, 1995 200–End ...... (869–026–00123–5) ...... 25.00 July 1, 1995 45 Parts: 32 Parts: 1–199 ...... (869–022–00170–7) ...... 22.00 Oct. 1, 1995 1–39, Vol. I ...... 15.00 2 July 1, 1984 200–499 ...... (869–026–00171–5) ...... 14.00 Oct. 1, 1995 1–39, Vol. II ...... 19.00 2 July 1, 1984 500–1199 ...... (869–026–00172–3) ...... 23.00 Oct. 1, 1995 1–39, Vol. III ...... 18.00 2 July 1, 1984 1200–End ...... (869–026–00173–1) ...... 26.00 Oct. 1, 1995 1–190 ...... (869–026–00124–3) ...... 32.00 July 1, 1995 191–399 ...... (869–026–00125–1) ...... 38.00 July 1, 1995 46 Parts: 400–629 ...... (869–026–00126–0) ...... 26.00 July 1, 1995 1–40 ...... (869–026–00174–0) ...... 21.00 Oct. 1, 1995 630–699 ...... (869–026–00127–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–026–00175–8) ...... 17.00 Oct. 1, 1995 ...... 700–799 ...... (869–026–00128–6) ...... 21.00 July 1, 1995 70–89 (869–026–00176–6) 8.50 Oct. 1, 1995 90–139 ...... (869–026–00177–4) ...... 15.00 Oct. 1, 1995 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 140–155 ...... (869–026–00178–2) ...... 12.00 Oct. 1, 1995 33 Parts: 156–165 ...... (869–026–00179–1) ...... 17.00 Oct. 1, 1995 1–124 ...... (869–026–00130–8) ...... 20.00 July 1, 1995 166–199 ...... (869–026–00180–4) ...... 17.00 Oct. 1, 1995 125–199 ...... (869–026–00131–6) ...... 27.00 July 1, 1995 200–499 ...... (869–026–00181–2) ...... 19.00 Oct. 1, 1995 200–End ...... (869–026–00132–4) ...... 24.00 July 1, 1995 500–End ...... (869–026–00182–1) ...... 13.00 Oct. 1, 1995 34 Parts: 47 Parts: 1–299 ...... (869–026–00133–2) ...... 25.00 July 1, 1995 0–19 ...... (869–026–00183–9) ...... 25.00 Oct. 1, 1995 300–399 ...... (869–026–00134–1) ...... 21.00 July 1, 1995 20–39 ...... (869–026–00184–7) ...... 21.00 Oct. 1, 1995 400–End ...... (869–026–00135–9) ...... 37.00 July 5, 1995 40–69 ...... (869–026–00185–5) ...... 14.00 Oct. 1, 1995 70–79 ...... (869–026–00186–3) ...... 24.00 Oct. 1, 1995 35 ...... (869–026–00136–7) ...... 12.00 July 1, 1995 80–End ...... (869–026–00187–1) ...... 30.00 Oct. 1, 1995 36 Parts 48 Chapters: 1–199 ...... (869–026–00137–5) ...... 15.00 July 1, 1995 1 (Parts 1–51) ...... (869–026–00188–0) ...... 39.00 Oct. 1, 1995 200–End ...... (869–026–00138–3) ...... 37.00 July 1, 1995 1 (Parts 52–99) ...... (869–026–00189–8) ...... 24.00 Oct. 1, 1995 37 ...... (869–026–00139–1) ...... 20.00 July 1, 1995 2 (Parts 201–251) ...... (869–026–00190–1) ...... 17.00 Oct. 1, 1995 38 Parts: 2 (Parts 252–299) ...... (869–026–00191–0) ...... 13.00 Oct. 1, 1995 ...... 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 (869–026–00192–8) 23.00 Oct. 1, 1995 7–14 ...... (869–026–00193–6) ...... 28.00 Oct. 1, 1995 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 15–28 ...... (869–026–00194–4) ...... 31.00 Oct. 1, 1995 39 ...... (869–026–00142–1) ...... 17.00 July 1, 1995 29–End ...... (869–026–00195–2) ...... 19.00 Oct. 1, 1995 40 Parts: 49 Parts: 1–51 ...... (869–026–00143–0) ...... 40.00 July 1, 1995 1–99 ...... (869–026–00196–1) ...... 25.00 Oct. 1, 1995 52 ...... (869–026–00144–8) ...... 39.00 July 1, 1995 100–177 ...... (869–026–00197–9) ...... 34.00 Oct. 1, 1995 53–59 ...... (869–026–00145–6) ...... 11.00 July 1, 1995 178–199 ...... (869–026–00198–7) ...... 22.00 Oct. 1, 1995 60 ...... (869-026-00146-4) ...... 36.00 July 1, 1995 200–399 ...... (869–026–00199–5) ...... 30.00 Oct. 1, 1995 61–71 ...... (869–026–00147–2) ...... 36.00 July 1, 1995 400–999 ...... (869–026–00200–2) ...... 40.00 Oct. 1, 1995 72–85 ...... (869–026–00148–1) ...... 41.00 July 1, 1995 1000–1199 ...... (869–026–00201–1) ...... 18.00 Oct. 1, 1995 86 ...... (869–026–00149–9) ...... 40.00 July 1, 1995 1200–End ...... (869–026–00202–9) ...... 15.00 Oct. 1, 1995 87–149 ...... (869–026–00150–2) ...... 41.00 July 1, 1995 50 Parts: 150–189 ...... (869–026–00151–1) ...... 25.00 July 1, 1995 1–199 ...... (869–026–00203–7) ...... 26.00 Oct. 1, 1995 190–259 ...... (869–026–00152–9) ...... 17.00 July 1, 1995 200–599 ...... (869–026–00204–5) ...... 22.00 Oct. 1, 1995 260–299 ...... (869–026–00153–7) ...... 40.00 July 1, 1995 600–End ...... (869–026–00205–3) ...... 27.00 Oct. 1, 1995 300–399 ...... (869–026–00154–5) ...... 21.00 July 1, 1995 400–424 ...... (869–026–00155–3) ...... 26.00 July 1, 1995 CFR Index and Findings 425–699 ...... (869–026–00156–1) ...... 30.00 July 1, 1995 Aids ...... (869–028–00051–7) ...... 35.00 Jan. 1, 1996 viii Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Reader Aids

Title Stock Number Price Revision Date Complete 1996 CFR set ...... 883.00 1996 Microfiche CFR Edition: Subscription (mailed as issued) ...... 264.00 1996 Individual copies ...... 1.00 1996 Complete set (one-time mailing) ...... 264.00 1995 Complete set (one-time mailing) ...... 244.00 1994 Complete set (one-time mailing) ...... 223.00 1993 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1996. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1995. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period April 1, 1994 to March 31, 1995. The CFR volume issued April 1, 1994, should be retained.