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2 III

Contents Federal Register Vol. 62, No. 137

Thursday, July 17, 1997

Agricultural Marketing Service Defense Logistics Agency RULES NOTICES Onions grown in Texas, 38203–38204 Environmental statements; availability, etc.: NOTICES Defense logistics distribution depot restructuring, 38270– Agency information collection activities: 38271 Proposed collection; comment request, 38250–38252 Drug Enforcement Administration Agriculture Department NOTICES See Agricultural Marketing Service Applications, hearings, determinations, etc.: See Food Safety and Inspection Service Elian, Gilbert J., M.D.; correction, 38359 NOTICES Agency information collection activities: Economic Analysis Bureau Submission for OMB review; comment request, 38249– NOTICES 38250 Agency information collection activities: Proposed collection; comment request, 38254–38256 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Education Department NOTICES Census Bureau Agency information collection activities: NOTICES Submission for OMB review; comment request, 38271 Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 38253–38254 Special education and rehabilitative services— Rehabilitation short-term training program, 38418– Centers for Disease Control and Prevention 38420 NOTICES Meetings: Grants and cooperative agreements; availability, etc.: National Assessment Governing Board, 38271 Healthcare-associated and antimicrobial resistant Energy Department infections at children’s hospitals; surveillance, prevention, and control, 38308–38312 See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Children and Families Administration Spent nuclear fuel or high-level radioactive waste; safe NOTICES transportation and emergency response training; Agency information collection activities: technical assistance and funding; comment request, Submission for OMB review; comment request, 38313 38272–38285

Civil Rights Commission Energy Efficiency and Renewable Energy Office NOTICES PROPOSED RULES Meetings; State advisory committees: Consumer products; energy conservation program: Iowa, 38253 Fluorescent lamp ballasts; potential impact of possible Oklahoma, 38253 energy efficiency levels; report availability and comment request, 38222–38223 Commerce Department See Census Bureau Environmental Protection Agency See Economic Analysis Bureau RULES See International Trade Administration Air quality implementation plans; approval and See National Oceanic and Atmospheric Administration promulgation; various States; air quality planning purposes; designation of areas: Corporation for National and Community Service Utah, 38213–38217 PROPOSED RULES Water pollution control: Official material or information production or disclosure; National pollutant discharge elimination system service of process; and removal of standards of conduct (NPDES)— regulations, 38241–38244 Publicly owned treatment works pretreatment programs; permit application requirements; Defense Department streamlined procedures, 38406–38415 See Defense Logistics Agency PROPOSED RULES NOTICES Air quality planning purposes; designation of areas: Agency information collection activities: Louisiana; correction, 38237–38239 Submission for OMB review; comment request, 38269– Superfund program: 38270 National oil and hazardous substances contingency Meetings: plan— Wage Committee, 38270 National priorities list update, 38239–38241 IV Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Contents

NOTICES Applications, hearings, determinations, etc.: Grants, State and local assistance: Florida Gas Transmission Co., 38285 Grantee performance evaluation reports— Florida Gas Transmission Co.; correction, 38359 Alabama et al., 38293–38294 Koch Gateway Pipeline Co., 38285–38286 Natural Gas Pipeline Co. of America, 38286 Farm Credit Administration NorAm Gas Transmission Co.; correction, 38359 PROPOSED RULES Ohio Valley Electric Corp., 38286 Farm credit system: Pasco Cogen, Ltd., 38286–38287 Loan policies and operations— PECO Energy Co., 38287 Short- and intermediate-term credit; System and non- System lenders, 38223–38231 Federal Housing Finance Board Federal Aviation Administration NOTICES RULES Federal home loan bank system: Air carrier certification and operations: Community support review— Digital flight data recorder upgrade requirements, 38362– Members selected for review; list, 38296–38307 38403 Airworthiness directives: Federal Reserve System Boeing, 38204–38206 Bombardier, 38206–38208 NOTICES Class E airspace, 38208–38213 Banks and bank holding companies: NOTICES Change in bank control, 38307 Advisory circulars, availability, etc.: Formations, acquisitions, and mergers, 38307–38308 Aircraft products and parts— Formations, acquisitions, and mergers; correction, 38307 Premium quality titanium alloy rotating engine Permissible nonbanking activities, 38308 components; manufacturing process, 38338–38339 Agency information collection activities: Fish and Wildlife Service Submission for OMB review; comment request, 38339 NOTICES Civil penalty actions; Administrator’s decisions and orders; Endangered and threatened species permit applications, index availability, 38339–38354 38320 Passenger facility charges; applications, etc.: Marine mammals permit applications, 38320–38321 Chicago O’Hare International Airport, IL, et al., 38354– 38355 Greater Rochester International Airport, NY, 38355 Food and Drug Administration Mobile International Airport, AL, 38356 PROPOSED RULES Pellston Regional Airport, MI, 38356–38357 Medical devices: Reading Regional Airport, PA, 38357 Dental devices— Temporomandibular joint prostheses; premarket Federal Communications Commission approval requirements; effective date, 38231–38237 RULES Radio stations; table of assignments: Georgia, 38218–38219 Food Safety and Inspection Service PROPOSED RULES PROPOSED RULES Common carrier services: Meat and poultry inspection: Competitive access providers and local exchange carriers; Natural or regenerated collagen sausage casings; labeling complete detariffing, 38244–38245 requirements, 38220–38222 Radio stations; table of assignments: NOTICES Alabama and Georgia, 38245 Agency information collection activities: Michigan, 38246 Proposed collection; comment request, 38252–38253 NOTICES Agency information collection activities: Health and Human Services Department Proposed collection; comment request, 38294 See Centers for Disease Control and Prevention Reporting and recordkeeping requirements, 38294–38295 See Children and Families Administration Rulemaking proceedings; petitions filed, granted, denied, See Food and Drug Administration etc.; correction, 38295 See Health Care Financing Administration See National Institutes of Health Federal Election Commission RULES NOTICES Indirect cost appeals; informal grant appeals procedures; Meetings; Sunshine Act, 38295–38296 CFR part removed, 38217–38218 Federal Energy Regulatory Commission NOTICES Health Care Financing Administration Electric rate and corporate regulation filings: NOTICES Deseret Generation & Transmission Cooperative et al., Agency information collection activities: 38287–38290 Proposed collection; comment request, 38313–38314 Environmental statements; availability, etc.: Medicaid: Joseph Hydro Co., Inc., 38290–38291 Demonstration project proposals, new and pending— Hydroelectric applications, 38291–38293 May (1997), 38314–38315 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Contents V

Housing and Urban Development Department National Foundation on the Arts and the Humanities NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities: Public and Indian housing— Submission for OMB review; comment request, 38328– Economic development and supportive services 38329 program and tenant opportunities program; correction, 38318–38319 National Institutes of Health Supportive housing programs— NOTICES Elderly and persons with disability; correction, 38319– Meetings: 38320 National Institute of Child Health and Human Development, 38316–38317 Immigration and Naturalization Service National Institute of Diabetes and Digestive and Kidney NOTICES Diseases, 38315–38316 Agency information collection activities: National Institute of General Medical Sciences, 38316– Submission for OMB review; comment request, 38322– 38317 38327 National Institute of Mental Health, 38315 National Institute on Aging, 38316 Research Grants Division special emphasis panels, Interior Department 38317–38318 See Fish and Wildlife Service See Land Management Bureau National Oceanic and Atmospheric Administration PROPOSED RULES International Trade Administration Fishery conservation and management: NOTICES Atlantic highly migratory species; CFR parts Antidumping: consolidation, 38246–38248 Brass sheet and strip from— NOTICES Germany, 38256–38257 Marine mammals: Steel wire rod from— Incidental taking; authorization letters, etc.— Canada et al., 38257 BP Exploration (Alaska), 38263–38267 Countervailing duties: Meetings: Cold-rolled carbon steel flat-rolled products from— Caribbean Fishery Management Council, 38267–38268 Argentina, 38257–38263 Western Pacific Fishery Management Council, 38268 Permits: Justice Department Marine mammals, 38269 See Drug Enforcement Administration See Immigration and Naturalization Service Nuclear Regulatory Commission NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 38321– Reactor Safeguards Advisory Committee, 38330–38331 38322 Applications, hearings, determinations, etc.: Pollution control; consent judgments: Pacific Gas & Electric Co., 38329 Westinghouse Electric Corp., 38322 Toledo Edison Co. et al., 38329–38330 Washington Public Power Supply System, 38330 Labor Department Postal Service NOTICES NOTICES Meetings: Meetings; Sunshine Act, 38331 Trade Negotiations and Trade Policy Labor Advisory Committee, 38327 Public Health Service North American Agreement on Labor Cooperation: Women workers and job applicants in Mexico; See Centers for Disease Control and Prevention discrimination issues; submission No. 9701 review, See Food and Drug Administration 38327 See National Institutes of Health Research and Special Programs Administration Land Management Bureau NOTICES NOTICES Pipeline safety; waiver petitions: Meetings: Northern Eclipse, Inc., 38357–38358 White River Resource Area, CO; helicopters use in wild horse roundup activities, 38321 Securities and Exchange Commission Realty actions; sales, leases, etc.: NOTICES Arizona, 38321 Agency information collection activities: Proposed collection; comment request, 38331–38332 National Archives and Records Administration Self-regulatory organizations; proposed rule changes: NOTICES Chicago Stock Exchange, Inc.; correction, 38359 Agency records schedules; availability, 38327–38328 National Association of Securities Dealers, Inc., 38332– Committees; establishment, renewal, termination, etc.: 38335 Preservation Advisory Committee, 38328 Pacific Exchange, Inc., 38335–38336 VI Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Contents

Small Business Administration NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 38338 Veterans’ Business Affairs Advisory Committee, 38336 Meetings; district and regional advisory councils: Wisconsin, 38336 Separate Parts In This Issue Social Security Administration NOTICES Part II Agency information collection activities: Department of Transportation, Federal Aviation Submission for OMB review; comment request, 38336– Administration, 38362–38403 38337 Part III State Department Environmental Protection Agency, 38406–38415 NOTICES Meetings: Part IV International harmonization of chemical classification Department of Education, 38418–38420 and labeling systems; government activities, 38337 State Justice Institute NOTICES Reader Aids Meetings; Sunshine Act, 38337–38338 Additional information, including a list of public laws, telephone numbers, reminders, and finding aids, appears in Surface Transportation Board the Reader Aids section at the end of this issue. NOTICES Railroad operation, acquisition, construction, etc.: Pickens Railway Co., 38358 Electronic Bulletin Board Transportation Department Free Electronic Bulletin Board service for Public Law See Federal Aviation Administration numbers, Federal Register finding aids, and a list of See Research and Special Programs Administration documents on public inspection is available on 202–275– See Surface Transportation Board 1538 or 275–0920. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / 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 959...... 38203 9 CFR Proposed Rules: 317...... 38220 381...... 38220 10 CFR Proposed Rules: 430...... 38222 12 CFR Proposed Rules: 611...... 38223 614...... 38223 620...... 38223 630...... 38223 14 CFR 39 (2 documents) ...... 38204, 38206 71 (7 documents) ...... 38208, 38209, 38210, 38211, 38212, 38213 121...... 38362 125...... 38362 129...... 38362 135...... 38362 21 CFR Proposed Rules: 872...... 38231 40 CFR 52...... 38213 81...... 38213 403...... 38406 Proposed Rules: 81...... 38237 300...... 38239 45 CFR 16...... 38217 74...... 38217 75...... 38217 95...... 38217 Proposed Rules: Ch. XII...... 38241 1201...... 38241 47 CFR 73...... 38218 Proposed Rules: Ch. 1 ...... 38244 73 (2 documents) ...... 38245, 38246 50 CFR Proposed Rules: 630...... 38246 38203

Rules and Regulations Federal Register Vol. 62, No. 137

Thursday, July 17, 1997

This section of the FEDERAL REGISTER 2525–S, P.O. Box 96456, Washington, April 15, but this year only contains regulatory documents having general DC 20090–6456; telephone: (202) 690– approximately 1⁄2 million were shipped applicability and legal effect, most of which 3919; Fax: (202) 720–5698. Small by that date. are keyed to and codified in the Code of businesses may request information on Section 959.322 of the order prohibits Federal Regulations, which is published under compliance with this regulation by the packaging and loading of onions on 50 titles pursuant to 44 U.S.C. 1510. contacting Jay Guerber, Marketing Order Sundays during the March 1 through The Code of Federal Regulations is sold by Administration Branch, Fruit and May 20 period each season. This the Superintendent of Documents. Prices of Vegetable Division, AMS, USDA, room restriction was implemented to new books are listed in the first FEDERAL 2525–S, P.O. Box 96456, Washington, contribute to orderly marketing REGISTER issue of each week. DC 20090–6456; telephone: (202) 720– conditions. However, the industry 2491; Fax: (202) 720–5698. indicated that, since the advent of the SUPPLEMENTARY INFORMATION: This rule heavy rains, all onions had to be dried DEPARTMENT OF AGRICULTURE is issued under Marketing Agreement in mechanical dryers prior to packing. This disrupted the normal pattern of Agricultural Marketing Service No. 143 and Order No. 959, both as amended (7 CFR part 959), regulating harvesting, packing, and loading. 7 CFR Part 959 the handling of onions grown in South Growers could not harvest more onions Texas, hereinafter referred to as the until the dryers were emptied, and [Docket No. FV97±959±1 FIR] ‘‘order.’’ The marketing agreement and dryers could not be emptied until the dried onions could be packed and Onions Grown in South Texas; order are effective under the shipped. Thus, the Sunday packing and Amendment of Sunday Packing and Agricultural Marketing Agreement Act loading restrictions had placed an Loading Prohibitions of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ undue hardship on growers and AGENCY: Agricultural Marketing Service, The Department is issuing this rule in handlers. There was a need to pack and USDA. conformance with Executive Order ship each day of the week. ACTION: Final rule. 12866. The Committee met on April 16, 1997, This rule has been reviewed under and, by telephone vote, unanimously SUMMARY: The Department of Executive Order 12988, Civil Justice recommended revising the current Agriculture (Department) is adopting as Reform. This rule is not intended to handling regulation to remove the a final rule, with change an interim final have retroactive effect. This rule will restriction on packing and loading rule which removed the restriction not preempt any State or local laws, onions on Sundays for the remainder of prohibiting handlers from packaging regulations, or policies, unless they the 1997 shipping season. That and loading onions on Sunday. The present an irreconcilable conflict with recommendation was intended to order regulates the handling of onions this rule. provide handlers with greater flexibility grown in South Texas and is The Act provides that administrative and additional time to prepare the administered locally by the South Texas proceedings must be exhausted before onions for market. Onion Committee (Committee). The parties may file suit in court. Under If this recommendation had not been Committee unanimously recommended section 608c(15)(A) of the Act, any implemented, crop losses would have removing the prohibition to increase handler subject to an order may file been significant. In addition, the supplies of South Texas onions in the with the Secretary a petition stating that cessation in harvesting activity would marketplace. Heavy rainfall in the the order, any provision of the order, or have resulted in increased production area during late March and any obligation imposed in connection unemployment among onion field most of April prevented handlers from with the order is not in accordance with workers and employees at handlers’ packing and loading enough onions to law and request a modification of the facilities. Finally, reduced supplies meet buyer needs. Removing the order or to be exempted therefrom. A would likely have resulted in prohibition provided handlers handler is afforded the opportunity for consumers paying higher prices for additional time to prepare onions for a hearing on the petition. After the South Texas onions. market and meet buyer needs. This rule hearing the Secretary would rule on the Thus, in the interest of growers, also changes an erroneous regulatory petition. The Act provides that the handlers, and consumers, the interim period ending date which appeared in district court of the United States in any final rule relaxed requirements by the interim final rule. district in which the handler is an modifying language in the order’s EFFECTIVE DATE: August 18, 1997. inhabitant, or has his or her principal handling regulation, as authorized by FOR FURTHER INFORMATION CONTACT: place of business, has jurisdiction to § 959.52 of the order, to allow Sunday Belinda G. Garza, Regional Manager, review the Secretary’s ruling on the packing and loading of onions during McAllen Marketing Field Office, petition, provided an action is filed not the period April 20, 1997, through May Marketing Order Administration later than 20 days after the date of the 20, 1997. This final rule finalizes that Branch, F&V, AMS, USDA, 1313 E. entry of the ruling. action. In 1998, Sunday packing and Hackberry, McAllen, Texas 78501; Due to record amounts of rainfall loading prohibitions will again apply to telephone: (210) 682–2833, Fax: (210) during late March and most of April handlers marketing South Texas onions 682–5942; or George J. Kelhart, 1997, South Texas growers had during the period March 1, 1998, Technical Advisor, Marketing Order difficulty harvesting their onions. through May 20, 1998. Administration Branch, Fruit and Normally, 11⁄2 to 2 million 50-lb. This final rule also corrects the June Vegetable Division, AMS, USDA, room equivalents of onions are shipped by 15 ending date in the first sentence of 38204 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

§ 959.322. The correct date is ‘‘June 4’’, The Committee considered not Accordingly, the interim final rule and the first sentence of § 959.322 is relaxing the regulation for the remainder amending 7 CFR part 959 which was changed accordingly. of the season, but felt that would result published at 62 FR 19667 on April 23, Pursuant to requirements set forth in in significant crop losses. The 1997, is adopted as a final rule with the the Regulatory Flexibility Act (RFA), the Committee also felt that a cessation in following change: Agricultural Marketing Service (AMS) harvesting activity would result in has considered the economic impact of increased unemployment among onion PART 959ÐONIONS GROWN IN this action on small entities. field workers and employees at SOUTH TEXAS Accordingly, AMS has prepared this handlers’ facilities. In addition, the 1. The authority citation for 7 CFR final regulatory flexibility analysis. Committee believed that reduced part 959 continues to read as follows: The purpose of the RFA is to fit supplies would likely have resulted in regulatory actions to the scale of consumers paying higher prices for Authority: 7 U.S.C. 601–674. business subject to such actions in order these onions. § 959.322 [Amended] that small businesses will not be unduly While the level of benefits of the or disproportionately burdened. interim final rule are difficult to 2. Section 959.322, introductory text, Marketing orders issued pursuant to the quantify, the stabilizing effects of the is amended by removing the date ‘‘June Act, and rules issued thereunder, are relaxation in the packing and loading 15,’’ in the first sentence and adding the unique in that they are brought about regulation impacted both small and date ‘‘June 4,’’ in its place. through group action of essentially large onion handlers positively by * * * * * small entities acting on their own helping them maintain markets in the Dated: July 11, 1997. behalf. Thus, both statutes have small phase of adverse harvesting and packing Sharon Bomer Lauritsen, entity orientation and compatibility. conditions in 1997. Acting Director, Fruit and Vegetable Division. There are 36 handlers of South Texas There are some reporting, [FR Doc. 97–18820 Filed 7–16–97; 8:45 am] onions who are subject to regulation recordkeeping, and other compliance BILLING CODE 3410±02±P under the order and approximately 60 requirements under the marketing order. producers in the regulated area. Small The reporting and recordkeeping agricultural service firms, which burdens are necessary for compliance DEPARTMENT OF TRANSPORTATION includes handlers, have been defined by purposes and for developing statistical the Small Business Administration (13 data for maintenance of the program. Federal Aviation Administration CFR 121.601) as those having annual The forms require information which is receipts of less than $5,000,000. Small readily available from handler records 14 CFR Part 39 agricultural producers are defined as and which can be provided without data those having annual receipts of less than processing equipment or trained [Docket No. 97±NM±122±AD; Amendment 39±10083; AD 97±15±09] $500,000. The majority of handlers and statistical staff. As with other similar producers of South Texas onions may be marketing order programs, reports and RIN 2120±AA64 classified as small entities. forms are periodically reviewed to Committee meetings are widely reduce or eliminate duplicate Airworthiness Directives; Boeing publicized in advance and are held in information collection burdens by Model 757 and 767 Series Airplanes a location central to the production area. industry and public sector agencies. The meetings are open to all industry AGENCY: Federal Aviation This final rule does not change those Administration, DOT. members (including small business requirements. entities) and other interested persons— The Department has not identified ACTION: Final rule; request for who are encouraged to participate in the any relevant Federal rules that comments. deliberations and voice their opinions duplicate, overlap, or conflict with this on topics under discussion. Thus, SUMMARY: This amendment adopts a regulation. new airworthiness directive (AD) that is Committee recommendations can be An interim final rule regarding this applicable to all Boeing Model 757 and considered to represent the interests of action was issued by the Department on 767 series airplanes. This action small business entities in the industry. April 18, 1997, and published in the requires repetitive inspections to detect Many years of marketing experience Federal Register (62 FR 19667, April 23, damage and to verify proper led to the development of the current 1997), with an effective date of April 19, configuration of the battery ground shipping and packing procedures. These 1997. That rule provided a 30-day terminations of the auxiliary power unit procedures have helped the industry comment period which ended May 23, (APU) at the battery and connected address marketing problems by keeping 1997. No comments were received. structure; and removal, replacement, supplies and movement of packed However, as stated earlier, the interim and repair of the battery ground onions in balance with market needs, final rule, contained an erroneous termination, if necessary. This and strengthening market conditions. regulatory period ending date and this amendment is prompted by reports of However, the heavy rains in late March document changes it. and most of April 1997, disrupted the After consideration of all relevant smoke or fire coming from the APU due normal pattern of harvesting, packing, material presented, including the to battery grounds that were not and loading. All onions had to be dried Committee’s recommendation, and installed/maintained properly. The in mechanical dryers prior to packing. other information, it is found that actions specified in this AD are Growers could not harvest more onions finalizing the interim final rule, with intended to detect and correct such APU until the dryers had been emptied, and change, will tend to effectuate the battery grounds, which could result in the dryers could not be emptied until declared policy of the Act. heat damage and consequent smoke/fire the dried onions could be packed and on the airplane. shipped. Thus, the Sunday packing and List of Subjects in 7 CFR Part 959 DATES: Effective August 1, 1997. loading prohibition placed an undue Marketing agreements, Onions, Comments for inclusion in the Rules burden on South Texas onion growers Reporting and recordkeeping Docket must be received on or before and packers. requirements. September 15, 1997. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38205

ADDRESSES: Submit comments in affecting flight safety and, thus, was not regulation otherwise would be triplicate to the Federal Aviation preceded by notice and an opportunity significant under DOT Regulatory Administration (FAA), Transport for public comment, comments are Policies and Procedures, a final Airplane Directorate, ANM–103, invited on this rule. Interested persons regulatory evaluation will be prepared Attention: Rules Docket No. 97–NM– are invited to comment on this rule by and placed in the Rules Docket. A copy 122–AD, 1601 Lind Avenue, SW., submitting such written data, views, or of it, if filed, may be obtained from the Renton, Washington 98055–4056. arguments as they may desire. Rules Docket at the location provided Information concerning this Communications shall identify the under the caption ADDRESSES. amendment may be obtained from or Rules Docket number and be submitted examined at the FAA, Transport in triplicate to the address specified List of Subjects in 14 CFR Part 39 Airplane Directorate, 1601 Lind under the caption ADDRESSES. All Air transportation, Aircraft, Aviation Avenue, SW., Renton, Washington. communications received on or before safety, Safety. FOR FURTHER INFORMATION CONTACT: the closing date for comments will be Adoption of the Amendment Forrest Keller, Senior Aerospace considered, and this rule may be Engineer, Systems and Equipment amended in light of the comments Accordingly, pursuant to the Branch, ANM–130S, FAA, Seattle received. Factual information that authority delegated to me by the Aircraft Certification Office, 1601 Lind supports the commenter’s ideas and Administrator, the Federal Aviation Avenue, SW., Renton, Washington; suggestions is extremely helpful in Administration amends part 39 of the telephone (425) 227–2790; fax (425) evaluating the effectiveness of the AD Federal Aviation Regulations (14 CFR 227–1181. action and determining whether part 39) as follows: SUPPLEMENTARY INFORMATION: The FAA additional rulemaking action would be has received several reports of smoke or needed. PART 39ÐAIRWORTHINESS fire that originated in areas adjacent to Comments are specifically invited on DIRECTIVES the auxiliary power unit (APU) battery the overall regulatory, economic, 1. The authority citation for part 39 grounds on Boeing Model 757 and 767 environmental, and energy aspects of continues to read as follows: series airplanes. Investigation revealed the rule that might suggest a need to that APU battery grounds were not modify the rule. All comments Authority: 49 U.S.C. 106(g), 40113, 44701. installed/maintained properly on these submitted will be available, both before § 39.13 [Amended] and after the closing date for comments, airplanes. In addition, the existing 2. Section 39.13 is amended by design of the battery ground (i.e., single in the Rules Docket for examination by interested persons. A report that adding the following new airworthiness lug) is prone to overheating when directive: installed improperly. Such improper summarizes each FAA-public contact installation/maintenance, if not concern with the substance of this AD 97–15–09 Boeing: Amendment 39–10083. corrected, could result in heat damage will be filed in the Rules Docket. Docket 97–NM–122–AD. to the battery ground of the APU and Commenters wishing the FAA to Applicability: All Model 757 and 767 series consequent smoke/fire on the airplane. acknowledge receipt of their comments airplanes, certificated in any category. submitted in response to this rule must Note 1: This AD applies to each airplane Explanation of the Requirements of the submit a self-addressed, stamped identified in the preceding applicability Rule postcard on which the following provision, regardless of whether it has been Since an unsafe condition has been statement is made: ‘‘Comments to modified, altered, or repaired in the area Docket Number 97–NM–122–AD.’’ The subject to the requirements of this AD. For identified that is likely to exist or airplanes that have been modified, altered, or develop on other Boeing Model 757 and postcard will be date stamped and repaired so that the performance of the 767 series airplanes of the same type returned to the commenter. requirements of this AD is affected, the design, this AD is being issued to detect Regulatory Impact owner/operator must request approval for an and correct improperly installed/ alternative method of compliance in maintained APU battery grounds, which The regulations adopted herein will accordance with paragraph (b) of this AD. could result in heat damage and not have substantial direct effects on the The request should include an assessment of consequent smoke/fire on the airplane. States, on the relationship between the the effect of the modification, alteration, or This AD requires repetitive detailed national government and the States, or repair on the unsafe condition addressed by on the distribution of power and this AD; and, if the unsafe condition has not visual inspections to detect damage and been eliminated, the request should include to verify proper configuration of the responsibilities among the various levels of government. Therefore, in specific proposed actions to address it. battery ground terminations of the APU Compliance: Required as indicated, unless at the battery and connected structure; accordance with Executive Order 12612, it is determined that this final rule does accomplished previously. and removal, replacement, and repair of To detect and correct improperly installed/ the battery ground termination, if not have sufficient federalism maintained auxiliary power unit (APU) necessary. implications to warrant the preparation battery grounds, which could result in heat of a Federalism Assessment. damage and consequent smoke/fire on the Determination of Rule’s Effective Date The FAA has determined that this airplane, accomplish the following: Since a situation exists that requires regulation is an emergency regulation (a) Within 90 days after the effective date the immediate adoption of this that must be issued immediately to of this AD, perform a detailed visual regulation, it is found that notice and correct an unsafe condition in aircraft, inspection to detect damage and to verify opportunity for prior public comment and that it is not a ‘‘significant proper configuration of the battery ground terminations of the APU at the battery and hereon are impracticable, and that good regulatory action’’ under Executive Order 12866. It has been determined connected structure. cause exists for making this amendment (1) If no damage is detected and all battery effective in less than 30 days. further that this action involves an ground terminations are configured properly emergency regulation under DOT Comments Invited (i.e., all required washer and other parts Regulatory Policies and Procedures (44 installed, and termination bolts are torqued Although this action is in the form of FR 11034, February 26, 1979). If it is properly) in accordance with Boeing a final rule that involves requirements determined that this emergency Standard Wiring Practices Manual D6–54446, 38206 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations repeat the visual inspection thereafter at and repair, if necessary. This action is seven other Model CL–600–2B19 series intervals not to exceed 1,000 flight hours. prompted by a report of a pressurization airplanes. The cause of this cracking has (2) If any damage is detected or any battery problem during flight, which was been attributed to structural fatigue. ground termination is found to be configured caused by fatigue cracking in the Fatigue cracking in the underfloor improperly, prior to further flight, remove, replace, and repair the battery ground underfloor pressure bulkhead of the pressure bulkhead of the fuselage, if not termination, as applicable, in accordance fuselage. The actions specified by this detected and corrected in a timely with Boeing Standard Wiring Practices AD are intended to detect and correct manner, could result in uncontrolled Manual D6–54446 and applicable Boeing such fatigue cracking, which could depressurization of the airplane and/or drawings. Repeat the detailed visual result in uncontrolled depressurization reduced structural integrity of the inspection thereafter at intervals not to of the airplane and/or reduced fuselage. exceed 1,000 flight hours. structural integrity of the fuselage. (b) An alternative method of compliance or Explanation of Relevant Service DATED: adjustment of the compliance time that Effective July 22, 1997. To all Information provides an acceptable level of safety may be persons except those persons to whom used if approved by the Manager, Seattle it was made immediately effective by The manufacturer has issued Canadair Aircraft Certification Office (ACO), FAA, emergency AD 97–14–11, issued on Regional Jet Alert Service Bulletin Transport Airplane Directorate. Operators June 27, 1997, which contained the A601R–53–045, dated June 25, 1997, shall submit their requests through an requirements of this amendment. which describes procedures for appropriate FAA Principal Maintenance The incorporation by reference of repetitive detailed visual inspections to Inspector, who may add comments and then certain publications listed in the detect cracks at FS 409+128 of a certain send it to the Manager, Seattle ACO. regulations is approved by the Director bulkhead web of the fuselage at certain Note 2: Information concerning the of Federal Register as of July 22, 1997. locations, and repair, if necessary. existence of approved alternative methods of Comments for inclusion in the Rules Transport Canada Aviation classified compliance with this AD, if any, may be Document must be received on or before obtained from the Seattle ACO. this alert service bulletin as mandatory September 15, 1997. (c) Special flight permits may be issued in and issued Canadian airworthiness accordance with §§ 21.197 and 21.199 of the ADDRESSES: Submit comments in directive CF–97–11, dated June 25, Federal Aviation Regulations (14 CFR 21.197 triplicate to the Federal Aviation 1997, in order to assure the continued and 21.199) to operate the airplane to a Administration (FAA), Transport airworthiness of these airplanes in location where the requirements of this AD Airplane Directorate, ANM–103, Canada. can be accomplished. Attention: Rules Docket No. 97–NM– FAA’s Conclusions (d) This amendment becomes effective on 136–AD, 1601 Lind Avenue, SW., August 1, 1997. Renton, Washington 98055–4056. This airplane model is manufactured Issued in Renton, Washington, on July 11, The applicable service information in Canada and is type certificated for 1997. may be obtained from Bombardier, Inc., operation in the United States under the Darrell M. Pederson, Canadair Aerospace Group, P.O. Box provisions of section 21.29 of the Acting Manager, Transport Airplane 6087, Station Centre-ville, Quebec H3C Federal Aviation Regulations (14 CFR Directorate, Aircraft Certification Service. 3G9, Canada. This information may be 21.29) and the applicable bilateral [FR Doc. 97–18933 Filed 7–16–97; 8:45 am] examined at the FAA, Transport airworthiness agreement. Pursuant to BILLING CODE 4910±13±P±M Airplane Directorate, 1601 Lind this bilateral airworthiness agreement, Avenue, SW., Renton, Washington; or at Transport Canada Aviation has kept the the FAA, Engine and Propeller FAA informed of the situation described DEPARTMENT OF TRANSPORTATION Directorate, New York Aircraft above. The FAA has examined the Certification Office (ACO), 10 Fifth Federal Aviation Administration findings of Transport Canada Aviation, Street, Third Floor, Valley Stream, New reviewed all available information, and 14 CFR Part 39 York; or at the Office of the Federal determined that AD action is necessary Register, 800 North Capital Street, NW., for products of this type design that are [Docket No. 97±NM±136±AD; Amendment suite 700, Washington, DC. certificated for operation in the United 39±10082; AD 97±14±11] FOR FURTHER INFORMATION CONTACT: States. RIN 2120±AA64 George Duckett, Aerospace Engineer, or Franco Peiri, Aerospace Engineer, Explanation of the Requirements of the Airworthiness Directives; Bombardier Airframe and Propulsion Branch ANE– Rule Model CL±600±2B19 (Regional Jet 171, FAA, Engine and Propeller Since the unsafe condition described Series 100 and 200) Series Airplanes Directorate, New York Aircraft is likely to exist or develop on other AGENCY: Federal Aviation Certification Office, 10 Fifth Street, airplanes of the same type design Administration, DOT. Third Floor, Valley Stream, New York; registered in the United States, the FAA telephone (516) 256–7525 or –7526; fax ACTION: Final rule; request for issued emergency AD 97–14–11 to (516) 568–2716. comments. require repetitive detailed visual SUPPLEMENTARY INFORMATION: On June inspections to detect cracks at FS SUMMARY: This document publishes in 27, 1997, the FAA issued emergency AD 409+128 of a certain bulkhead web of the Federal Register an amendment 97–14–11, which is applicable to certain the fuselage at certain locations, and adopting airworthiness directive (AD) Bombardier Model CL–600–2B19 repair, if necessary. This AD also 97–14–11 that was sent previously to all (Regional Jet Series 100 and 200) series requires that operators report the results known U.S. owners and operators of airplanes. That action was prompted by of the detailed visual inspection to the certain Bombardier Model CL–600– a report of a pressurization problem FAA. The inspections are required to be 2B19 (Regional Jet Series 100 and 200) during flight on a Model CL–600–2B19 accomplished in accordance with the series airplanes by individual notices. series airplane. Investigation revealed a alert service bulletin previously This AD requires repetitive inspections crack approximately 14 inches long in described. The repair is required to be to detect cracks of a certain bulkhead the center pressure bulkhead. In accomplished in accordance with a web of the fuselage at certain locations, addition, such cracking was found on method approved by the FAA. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38207

Operators should note that, while it is the closing date for comments will be List of Subjects in 14 CFR Part 39 not the FAA’s normal policy to allow considered, and this rule may be Air transportation, Aircraft, Aviation flight with known cracks, this AD does amended in light of the comments safety, Incorporation by reference, permit further flight with cracking received. Factual information that Safety. within certain limits. The results of a supports the commenter’s ideas and review, conducted by the manufacturer, suggestions is extremely helpful in Adoption of the Amendment revealed that cracking in the underfloor evaluating the effectiveness of the AD Accordingly, pursuant to the pressure bulkhead of the fuselage will action and determining whether authority delegated to me by the not result in rapid decompression of the additional rulemaking action would be Administrator, the Federal Aviation airplane. Therefore, according to the needed. Administration amends part 39 of the review, if the crack size limits are Federal Aviation Regulations (14 CFR strictly observed and if repetitive Comments are specifically invited on part 39) as follows: inspections are performed at the the overall regulatory, economic, required intervals, cracks that grow environmental, and energy aspects of PART 39ÐAIRWORTHINESS beyond the limits will be detected, and the rule that might suggest a need to DIRECTIVES corrective action taken, before they can modify the rule. All comments grow to a size that would create an submitted will be available, both before 1. The authority citation for part 39 unacceptable risk of structural failure. and after the closing date for comments, continues to read as follows: Transport Canada Aviation concurs in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40113, 44701. with the findings of this review. In interested persons. A report that consideration of these findings and summarizes each FAA-public contact § 39.13 [Amended] based on the FAA’s criteria for flight concerned with the substance of this AD 2. Section 39.13 is amended by with known cracking, the FAA has will be filed in the Rules Docket. adding the following new airworthiness determined that further flight with directive: cracking within certain limits in the Commenters wishing the FAA to center pressure bulkhead is permissible acknowledge receipt of their comments 97–14–11 Bombardier, Inc. (Formerly submitted in response to this rule must Canadair): Amendment 39–10082. for an interim period. Docket 97–NM–136–AD. This is considered to be interim submit a self-addressed, stamped action. The manufacturer has advised postcard on which the following Applicability: Model CL–600–2B19 (Regional Jet Series 100 and 200) series that it currently is developing a statement is made: ‘‘Comments to airplanes, serial numbers 7003 and modification that will positively address Docket Number 97–NM–136–AD.’’ The subsequent; certificated in any category. the unsafe condition addressed by this postcard will be date stamped and Note 1: This AD applies to each airplane AD. Once this modification is returned to the commenter. identified in the preceding applicability developed, approved, and available, the Regulatory Impact provision, regardless of whether it has been FAA may consider additional modified, altered, or repaired in the area rulemaking. The regulations adopted herein will subject to the requirements of this AD. For Since it was found that immediate airplanes that have been modified, altered, or not have substantial direct effects on the corrective action was required, notice repaired so that the performance of the and opportunity for prior public States, on the relationship between the requirements of this AD is affected, the comment thereon were impracticable national government and the States, or owner/operator must request approval for an and contrary to the public interest, and on the distribution of power and alternative method of compliance in good cause existed to make the AD responsibilities among the various accordance with paragraph (c) of this AD. The request should include an assessment of effective immediately by individual levels of government. Therefore, in accordance with Executive Order 12612, the effect of the modification, alteration, or notices issued on June 27, 1997, to all repair on the unsafe condition addressed by known U.S. owners and operators of it is determined that this final rule does this AD; and, if the unsafe condition has not certain Bombardier Model CL–600– not have sufficient federalism been eliminated, the request should include 2B19 (Regional Jet Series 100 and 200) implications to warrant the preparation specific proposed actions to address it. series airplanes. These conditions still of a Federalism Assessment. Compliance: Required as indicated, unless exist, and the AD is hereby published in The FAA has determined that this accomplished previously. the Federal Register as an amendment regulation is an emergency regulation To detect and correct fatigue cracking in to section 39.13 of the Federal Aviation the underfloor pressure bulkhead of the that must be issued immediately to fuselage, which could result in uncontrolled Regulations (14 CFR 39.13) to make it correct an unsafe condition in aircraft, effective as to all persons. depressurization of the airplane and/or and that it is not a ‘‘significant reduced structural integrity of the fuselage, Comments Invited regulatory action’’ under Executive accomplish the following: Order 12866. It has been determined (a) Within 20 flight hours after the effective Although this action is in the form of date of this AD, perform a detailed visual a final rule that involves requirements further that this action involves an emergency regulation under DOT inspection to detect cracks at frame station affecting flight safety and, thus, was not (FS) 409+128 of the bulkhead web [part preceded by notice and an opportunity Regulatory Policies and Procedures (44 number (P/N) 601R32208–123] of the for public comment, comments are FR 11034, February 26, 1979). If it is fuselage, in accordance with Canadair invited on this rule. Interested persons determined that this emergency Regional Jet Alert Service Bulletin A601R– are invited to comment on this rule by regulation otherwise would be 53–045, dated June 25, 1997. submitting such written data, views, or significant under DOT Regulatory (1) If no crack is detected or if all three of arguments as they may desire. Policies and Procedures, a final the conditions specified in paragraphs regulatory evaluation will be prepared (a)(1)(i), (a)(1)(ii), and (a)(1)(iii) of this AD are Communications shall identify the met, continued flight is allowed. Repeat the Rules Docket number and be submitted and placed in the Rules Docket. A copy detailed visual inspection thereafter at in triplicate to the address specified of it, if filed, may be obtained from the intervals not to exceed 100 flight hours. under the caption ADDRESSES. All Rules Docket at the location provided (i) No more than one crack exists at each communications received on or before under the caption ADDRESSES. corner; and 38208 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

(ii) No crack extends under the angles DEPARTMENT OF TRANSPORTATION for airspace areas are published in having P/N 601R32208–79 and P/N Paragraph 6005 of FAA Order 7400.9D 601R32208–81 on the aft side of the bulkhead Federal Aviation Administration dated September 4, 1996, and effective web; and September 16, 1996, which is (iii) No crack exists in angles having P/N 14 CFR Part 71 incorporated by reference in 14 CFR 601R32208–79 and P/N 601R32208–81 on the aft side of the bulkhead web. [Airspace Docket No. 96±ASW±11] 71.1. The Class E airspace designation (2) If any cracking other than that listed in this document will be identified in paragraphs (a)(1)(i), (a)(1)(ii), Establishment of Class E Airspace; published subsequently in the Order. Manila, AR and (a)(1)(iii) of this AD is detected, prior to The Rule further flight, repair it in accordance with the AGENCY: Federal Aviation method approved by the Manager, New York This amendment to part 71 of the Administration (FAA), DOT. Aircraft Certification Office (ACO), FAA, Federal Aviation Regulations (14 CFR Engine and Propeller Directorate. ACTION: Final rule. part 71) establishes Class E airspace at (b) Within 10 days after accomplishing the Manila Municipal Airport, Manila, AR, initial and repetitive detailed visual SUMMARY: This action establishes Class to provide controlled airspace for inspections required by paragraph (a) of this E airspace extending upward from 700 aircraft executing the NDB SIAP to RWY AD, submit a report of any finding(s) of feet above ground level (AGL) at Manila 18. cracking to the Manager, New York ACO, Municipal Airport, Manila, AR. The telephone (516) 256–7525; fax (516) 568– development of a Nondirectional Radio The FAA has determined that this 2716. Information collection requirements Beacon (NDB) Standard Instrument regulation only involves an established contained in this regulation have been body of technical regulations that need approved by the Office of Management and Approach Procedure (SIAP) to Runway (RWY) 18 has made this action frequent and routine amendments to Budget (OMB) under the provisions of the keep them operationally current. It, Paperwork Reduction Act of 1980 (44 U.S.C. necessary. This action is intended to 3501 et seq.) and have been assigned OMB provide adequate controlled airspace for therefore—(1) is not a ‘‘significant Control Number 2120–0056. aircraft executing the NDB SIAP to RWY regulatory action’’ under Executive (c) An alternative method of compliance or 18 at Manila Municipal Airport, Manila, Order 12866; (2) is not a ‘‘significant adjustment of the compliance time that AR. rule’’ under DOT Regulatory Policies provides an acceptable level of safety may be and Procedures 44 FR 11034; February EFFECTIVE DATE: 0901 UTC, September used if approved by the Manager, New York 26, 1979); and (3) does not warrant 11, 1997. ACO. Operators shall submit their requests preparation of a Regulatory Evaluation through an appropriate FAA Principal FOR FURTHER INFORMATION CONTACT: as the anticipated impact is so minimal. Maintenance Inspector, who may add Donald J. Day, Airspace Branch, Air Since this is a routine matter that will comments and then send it to the Manager, Traffic Division, Southwest Region, New York ACO. only affect air traffic procedures and air Federal Aviation Administration, Fort navigation, it is certified that this rule Note 2: Information concerning the Worth, TX 76193–0520, telephone 817– will not have a significant economic existence of approved alternative methods of 222–5593. compliance with this AD, if any, may be impact on a substantial number of small obtained from the New York ACO. SUPPLEMENTARY INFORMATION: entities under the criteria of the Regulatory Flexibility Act. (d) Special flight permits may be issued in History accordance with sections 21.197 and 21.199 List of Subjects in 14 CFR Part 71 of the Federal Aviation Regulations (14 CFR On June 18, 1996, a proposal to 21.197 and 21.199) to operate the airplane to amend part 71 of the Federal Aviation Airspace, Incorporation by reference, a location where the requirements of this AD Regulations (14 CFR part 71) to establish Navigation (air). can be accomplished. Class E airspace at Manila, AR, was Adoption of the Amendment (e) The inspections shall be done in published in the Federal Register (61 accordance with Canadair Regional Jet Alert FR 30843). The development of a NDB Service Bulletin A601R–53–045, dated June In consideration of the foregoing, the 25, 1997. This incorporation by reference was SIAP to RWY 18 made the proposal Federal Aviation Administration approved by the Director of the Federal necessary. The proposal was to establish amends 14 CFR part 71 as follows: Register in accordance with 5 U.S.C. 552(a) adequate controlled airspace for aircraft and 1 CFR part 51. Copies may be obtained executing the NDB SIAP to RWY 18 at PART 71Ð[AMENDED] from Transport Canada Aviation. Copies may Manila Municipal Airport, Manila, AR. be inspected at the FAA, Transport Airplane Interested parties were invited to 1. The authority citation for 14 CFR Directorate, 1601 Lind Avenue, SW., Renton, participate in this rulemaking part 71 continues to read as follows: Washington; or at the New York Aircraft proceeding by submitting written Authority: 49 U.S.C. 40103, 40113, 40120; Certification Office (ACO), FAA, Engine and comments on the proposal to the FAA. E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Propeller Directorate; or at the Office of the No comments to the proposal were Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Federal Register, 800 North Capitol Street, 11.69. NW., suite 700, Washington, DC. received. However, the proposed (f) This amendment becomes effective on Manila, AR, Class E airspace did not § 71.1 [Amended] July 22, 1997. All persons except those exclude Blytheville, AR, Class E persons to whom it was made immediately airspace. The description of the Manila, 2. The incorporation by reference in effective by emergency AD 97–14–11, issued AR, Class E airspace has been revised to 14 CFR 71.1 of the Federal Aviation on June 27, 1997, which contained the reflect this change. The FAA has Administration Order 7400.9D, requirements of this amendment. determined that this change is relieving Airspace Designations and Reporting Issued in Renton, Washington, on July 11, in nature and will not increase the Points, dated September 4, 1996, and 1997. scope of this rule. Except for the non- effective September 16, 1996, is James V. Devany, substantive change just discussed, the amended as follows: Acting Manager, Transport Airplane rule is adopted as proposed. Paragraph 6005: Class E airspace areas Directorate, Aircraft Certification Service. The coordinates for this airspace extending upward from 700 feet or more [FR Doc. 97–18934 Filed 7–16–97; 8:45 am] docket are based on North American above the surface of the earth. BILLING CODE 4910±13±P±M Datum 83. Class E airspace designations * * * * * Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38209

ASW AR E5 Manila, AR [New] revision of the Class E airspace at this Authority: 49 U.S.C. 40103, 40113, 40120; Manila, Manila Municipal Airport airport. The proposal was to revise the E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 (Lat. 35°53′35′′ N., long. 90°09′17′′ W.) controlled airspace extending upward Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Manila NDB from 700 feet AGL to contain IFR 11.69. ° ′ ′′ ° ′ ′′ (Lat. 35 53 28 N., long. 90 09 25 W.) operations in controlled airspace during § 71.1 [Amended] That airspace extending upward from 700 portions of the terminal operation and 2. The incorporation by reference in feet above the surface within a 6.3-mile while transitioning between the enroute radius of Manila Municipal Airport, and 14 CFR 71.1 of the Federal Aviation and terminal environments. Administration Order 7400.9D, within 2.5 miles each side of the 007° bearing Interested parties were invited to Airspace Designations and Reporting from the Manila NDB extending from the 6.3- participate in this rulemaking Points, dated September 4, 1996, and mile radius to 6.9 miles north of the airport proceeding by submitting written excluding that airspace within the effective September 16, 1996, is comments on the proposal to the FAA. Blytheville, AR, Class E airspace area. amended as follows: No comments to the proposal were * * * * * received. The rule is adopted as Paragraph 6005: Class E Airspace areas Issued in Fort Worth, TX, on June 23, 1997. proposed. extending upward from 700 feet or more Albert L. Viselli, The coordinates for this airspace above the surface of the earth. Acting Manager, Air Traffic Division, docket are based on North American * * * * * Southwest Region. Datum 83. Class E airspace designations ASW TX E5 Athens, TX [Revised] [FR Doc. 97–18844 Filed 7–16–97; 8:45 am] for airspace areas extending upward BILLING CODE 4910±13±M Athens Municipal Airport, TX from 700 feet or more AGL are ° ′ ′′ ° ′ ′′ published in Paragraph 6005 of FAA (Lat. 32 09 50 N., long. 95 49 42 W.) Athens, Lochridge Ranch Airport, TX Order 7400.9D dated September 4, 1996, ° ′ ′′ ° ′ ′′ DEPARTMENT OF TRANSPORTATION (Lat. 31 59 22 N., long. 95 57 04 W.) and effective September 16, 1996, which Crossroads RBN is incorporated by reference in 14 CFR ° ′ ′′ ° ′ ′′ Federal Aviation Administration (Lat. 32 03 49 N., long. 95 57 27 W.) 71.1. The Class E airspace designation Athens NDB ° ′ ′′ ° ′ ′′ 14 CFR Part 71 listed in this document will be (Lat. 32 09 34 N., long. 95 49 49 W.) published subsequently in the Order. That airspace extending upward from 700 [Airspace Docket No. 96±ASW±27] The Rule feet above the surface within a 6.5-mile radius of Athens Municipal Airport and Revision of Class E Airspace; Athens, This amendment to part 71 of the within 2.5 miles each side of the 177° bearing TX Federal Aviation Regulations (14 CFR of the Athens NDB extending from the 6.5- part 71) amends the Class E airspace mile radius to 7.3 miles south of the Athens AGENCY: Federal Aviation Municipal Airport and within a 6.5-mile Administration (FAA), DOT. located at Athens, TX, to provide controlled airspace extending upward radius of Lochridge Ranch Airport and ACTION: within 4 miles each side of the 356° bearing Final rule. from 700 feet AGL for aircraft executing of the Crossroads RBN extending from the SUMMARY: This section revises the Class the NDB SIAP to RWY 35. 6.5-mile radius to 9.2 miles north of the RBN. E airspace extending upward from 700 The FAA has determined that this regulation only involves an established * * * * * feet above ground level (AGL) at Athens, Issued in Fort Worth, TX, on June 23, 1997. TX. The development of a body of technical regulations that need frequent and routine amendments to Albert L. Viselli, Nondirectional Radio Beacon (NDB) Acting Manager, Air Traffic Division, Standard Instrument Approach keep them operationally current. It, therefore—(1) is not a ‘‘significant Southwest Region. Procedure (SIAP) to Runway (RWY) 35 [FR Doc. 97–18845 Filed 7–16–97; 8:45 am] at Athens Municipal Airport has made regulatory action’’ under Executive BILLING CODE 4910±13±M this action necessary. This action is Order 12866; (2) is not a ‘‘significant intended to provide adequate Class E rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February airspace to contain instrument flight DEPARTMENT OF TRANSPORTATION rule (IFR) operations for aircraft 26, 1979); and (3) does not warrant executing the NDB SIAP to RWY 35 at preparation of a Regulatory Evaluation Federal Aviation Administration Athens, Municipal Airport, Athens, TX. as the anticipated impact is so minimal. Since this is a routine matter that will EFFECTIVE DATE: 0901 UTC, September 14 CFR Part 71 only affect air traffic procedures and air 11, 1997. navigation, it is certified that this rule [Airspace Docket No. 96±ASW±26] FOR FURTHER INFORMATION CONTACT: will not have a significant economic Revision of Class E Airspace; Donald J. Day, Airspace Branch, Air impact on a substantial number of small Longview, TX Traffic Division, Southwest Region, entities under the criteria of the Federal Aviation Administration, Fort Regulatory Flexibility Act. AGENCY: Federal Aviation Worth, TX 76193–0520, telephone 817– Administration (FAA), DOT. 222–5593. List of Subjects in 14 CFR Part 71 ACTION: Final rule. SUPPLEMENTARY INFORMATION: Airspace, Incorporation by reference, Navigation (air). SUMMARY: This action revises the Class History Adoption of the Amendment E airspace extending upward from 700 On February 20, 1997, a proposal to feet above ground level (AGL) at amend part 71 of the Federal Aviation In consideration of the foregoing, the Longview, TX. The development of a Regulations (14 CFR part 71) to revise Federal Aviation Administration VHF Omnidirectional Range (VOR) or the Class E airspace at Athens, TX, was amends 14 CFR part 71 as follows: Tactical Air Navigation (TACAN) published in the Federal Register (62 PART 71Ð[AMENDED] Standard Instrument Approach FR 7740). A NDB SIAP to RWY 35 Procedure (SIAP) to Runway (RWY) 13 developed for Athens Municipal 1. The authority citation for 14 CFR at Gregg County Airport has made this Airport, Athens, TX, requires the part 71 continues to read as follows: action necessary. This action is 38210 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations intended to provide adequate Class E Order 12866; (2) is not a ‘’significant DEPARTMENT OF TRANSPORTATION airspace to contain instrument flight rule’’ under DOT Regulatory Policies rule (IFR) operations for aircraft and Procedures (44 FR 11034; February Federal Aviation Administration executing the VOR or TACAN SIAP to 26, 1979); and (3) does not warrant RWY 13 at Gregg County Airport, preparation of a Regulatory Evaluation 14 CFR Part 71 Longview, TX. as the anticipated impact is so minimal. [Airspace Docket No. 96±ASW±25] EFFECTIVE DATE: 0901 UTC, September Since this is a routine matter that will 11, 1997. only affect air traffic procedures and air Revision of Class E Airspace; Brinkley, FOR FURTHER INFORMATION CONTACT: navigation, it is certified that this rule AR will not have a significant economic Donald J. Day, Airspace Branch, Air AGENCY: impact on a substantial number of small Federal Aviation Traffic Division, Southwest Region, Administration (FAA), DOT. Federal Aviation Administration, Fort entities under the criteria of the ACTION: Final rule. Worth, TX 76193–0520, telephone 817– Regulatory Flexibility Act. 222–5593. List of Subjects in 14 CFR Part 71 SUMMARY: This action revises the Class SUPPLEMENTARY INFORMATION: E airspace extending upward from 700 Airspace, Incorporation by reference, feet above ground level (AGL) at History Navigation (air). Brinkley, AR. The development of a On February 20, 1997, a proposal to Adoption of the Amendment Global Positioning System (GPS) amend part 71 of the Federal Aviation Standard Instrument Approach Regulations (14 CFR part 71) to revise In consideration of the foregoing, the Procedure (SIAP) at Frank Federer the Class E airspace at Longview, TX, Federal Aviation Administration Memorial Airport has made this action was published in the Federal Register amends 14 CFR part 71 as follows: necessary. This action is intended to (62 FR 7739). A VOR or TACAN SIAP provide adequate Class E airspace to to RWY 13 developed for Gregg County PART 71Ð[AMENDED] contain instrument flight rule (IFR) Airport, Longview, TX, requires the operations for aircraft executing the revision of the Class E airspace at this 1. The authority citation for 14 CFR GPS–A SIAP at Frank Federer Memorial airport. The proposal was to revise the part 71 continues to read as follows: Airport, Brinkley, AR. controlled airspace extending upward Authority: 49 U.S.C. 40103, 40113, 40120; EFFECTIVE DATE: 0901 UTC, September from 700 feet AGL to contain IFR E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 11, 1997. operations in controlled airspace during Comp., p. 389; 49 U.S.C. 106(g); 14 CFR FOR FURTHER INFORMATION CONTACT: portions of the terminal operation and 11.69. Donald J. Day, Airspace Branch, Air while transitioning between the enroute § 71.1 [Amended] Traffic Division, Southwest Region, and terminal environments. Federal Aviation Administration, Fort Interested parties were invited to 2. The incorporation by reference in Worth, TX 76193–0520, telephone 817– participate in this rulemaking 14 CFR 71.1 of the Federal Aviation 222–5593. proceeding by submitting written Administration Order 7400.9D, comments on the proposal to the FAA. Airspace Designations and Reporting SUPPLEMENTARY INFORMATION: No comments to the proposal were Points, dated September 4, 1996, and History received. The rule is adopted as effective September 16, 1996, is On February 20, 1997, a proposal to proposed. amended as follows: The coordinates for this airspace amend part 71 of the Federal Aviation docket are based on North American Paragraph 6005: Class E Airspace areas Regulations (14 CFR part 71) to revise Datum 83. Class E airspace designations extending upward from 700 feet or more the Class E airspace at Brinkley, AR, for airspace areas extending upward above the surface of the earth. was published in the Federal Register from 700 feet or more AGL are * * * * * (62 FR 7737). A GPS–A SIAP developed for Frank Federer Memorial Airport, published in Paragraph 6005 of FAA ASW TX E5 Longview, TX [Revised] Order 7400.9D dated September 4, 1996, Brinkley, AR, requires the revision of Longview, Gregg County Airport, TX the Class E airspace at this airport. The and effective September 16, 1996, which ° ′ ′′ ° ′ ′′ is incorporated by reference in 14 CFR (Lat. 32 23 05 N., long. 94 42 42 W.) proposal was to revise the controlled Gregg County VORTAC 71.1. The Class E airspace designation airspace extending upward from 700 (Lat. 32°25′04′′ N., long. 94°45′11′′ W.) listed in this document will be feet AGL to contain IFR operations in published subsequently in the Order. That airspace extending upward from 700 controlled airspace during portions of feet above the surface within a 7.1-mile the terminal operation and while The Rule radius of Gregg County Airport and within transitioning between the enroute and ° This amendment to part 71 of the 1.5 miles each side of the 133 radial of the terminal environments. Federal Aviation Regulations (14 CFR Gregg County Airport extending from the 7.1- Interested parties were invited to mile radius to 10.9 miles southeast of the part 71) amends the Class E airspace participate in this rulemaking airport and within 3.1 miles each side of the proceeding by submitting written located at Longview, TX, to provide 305° radial of the Gregg County VORTAC controlled airspace extending upward extending from the 7.1—mile radius to 10.3 comments on the proposal to the FAA. from 700 feet AGL for aircraft executing miles northwest of the airport. No comments to the proposal were the VOR or TACAN SIAP to RWY 13. received. The rule is adopted as The FAA has determined that this * * * * * proposed. regulation only involves an established Issued in Fort Worth, TX, on June 23, 1997. The coordinates for this airspace body of technical regulations that need Albert L. Viselli, docket are based on North American frequent and routine amendments to Acting Manager, Air Traffic Division, Datum 83. Class E airspace designations keep them operationally current. It, Southwest Region. for airspace areas extending upward therefore—(1) is not a ‘‘significant [FR Doc. 97–18846 Filed 7–16–97; 8:45 am] from 700 feet or more AGL are regulatory action’’ under Executive BILLING CODE 4910±13±M published in Paragraph 6005 of FAA Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38211

Order 7400.9D dated September 4, 1996, (Lat. 34°52′49′′N., long. 91°10′35′′W.) controlled airspace during portions of and effective September 16, 1996, which That airspace extending upward from 700 the terminal operation and while is incorporated by reference in 14 CFR feet above the surface within a 6.4-mile transitioning between the enroute and 71.1 The Class E airspace designation radius of Frank Federer Memorial Airport terminal environments. ° listed in this document will be and within 2.5 miles each side of the 011 Interested parties were invited to published subsequently in the Order. bearing from the airport extending from the participate in this rulemaking 6.4 mile radius to 7.3 miles north of the proceeding by submitting written The Rule airport. comments on the proposal to the FAA. This amendment to part 71 of the * * * * * No comments to the proposal were Federal Aviation Regulations (14 CFR Issued in Forth Worth, TX, on June 23, received. However, the geographic part 71) amends the Class E airspace 1997. coordinates for Jasper County-Bell Field located at Brinkley, AR, to provide Albert L. Viselli, airport were incorrect in the proposed controlled airspace extending upward Acting Manager, Air Traffic Division, rule. The correct geographic coordinates from 700 AGL for aircraft executing the Southwest Region. for the airport are latitude 30°53′26′′ N., GPS–A SIAP. [FR Doc. 97–18847 Filed 7–16–97; 8:45 am] longitude 94°02′05′′ W. The description The FAA has determined that this BILLING CODE 4910±13±M in this final rule reflects the corrected regulation only involves an established coordinates for the airport. The FAA has body of technical regulations that need determined that this change is editorial frequent and routine amendments to DEPARTMENT OF TRANSPORTATION in nature and will not increase the keep them operationally current. It, scope of this rule. Except for the non- Federal Aviation Administration therefore—(1) is not a ‘‘significant substantive change just discussed, the regulatory action’’ under Executive 14 CFR Part 71 rule is adopted as proposed. Order 12866; (2) is not a ‘‘significant The coordinates for this airspace rule’’ under DOT Regulatory Policies [Airspace Docket No. 96±ASW±24] docket are based on North American and Procedures (44 FR 11034; February Datum 83. Class E airspace designations 26, 1979); and (3) does not warrant Revision of Class E Airspace; Jasper, for airspace areas extending upward preparation of a Regulatory Evaluation TX from 700 feet or more AGL are as the anticipated impact is so minimal. AGENCY: Federal Aviation published in Paragraph 6005 of FAA Since this is a routine matter that will Administration (FAA), DOT. Order 7400.9D dated September 4, 1996, only affect air traffic procedures and air ACTION: Final rule. and effective September 16, 1996, which navigation, it is certified that this rule is incorporated by reference in 14 CFR will not have a significant economic SUMMARY: This action revises the Class 71.1. The Class E airspace designation impact on a substantial number of small E airspace extending upward from 700 listed in this document will be entities under the criteria of the feet above ground level (AGL) at Jasper, published subsequently in the Order. Regulatory Flexibility Act. TX. The development of a Global The Rule Positioning System (GPS) Standard List of Subjects in 14 CFR Part 71 Instrument Approach Procedure (SIAP) This amendment to part 71 of the Airspace, Incorporation by reference, to Runway (RWY) 18 at Jasper County- Federal Aviation Regulations (14 CFR Navigation (air). Bell Field has made this action part 71) amends the Class E airspace located at Jasper, TX, to provide Adoption of the Amendment necessary. This action is intended to provide adequate Class E airspace to controlled airspace extending upward In consideration of the foregoing, the contain instrument flight rule (IFR) from 700 feet AGL for aircraft executing Federal Aviation Administration operations for aircraft executing the GPS the GPS SIAP to RWY 18. This action amends 14 CFR part 71 as follows: SIAP to RWY 18 at Jasper County-Bell also corrects the geographic coordinates Field, Jasper, TX. of the airport. PART 71Ð[AMENDED] The FAA has determined that this EFFECTIVE DATE: 0901 UTC, September regulation only involves an established 1. The authority citation for 14 CFR 11, 1997. part 71 continues to read as follows: body of technical regulations that need FOR FURTHER INFORMATION CONTACT: frequent and routing amendments to Authority: 49 U.S.C. 40103, 40113, 40120; Donald J. Day, Airspace Branch, Air keep them operationally current. It, E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Traffic Division, Southwest Region, therefore—(1) is not a ‘‘significant Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Federal Aviation Administration, Fort 11.69. regulatory action’’ under Executive Worth, TX 76193–0520, telephone 817– Order 12866; (2) is not a ‘‘significant § 71.1 [Amended] 222–5593. rule’’ under DOT Regulatory Policies 2. The incorporation by reference in SUPPLEMENTARY INFORMATION: and Procedures (44 FR 11034; February 14 CFR 71.1 of the Aviation 26, 1979); and (3) does not warrant History Administration Order 7400.9D, preparation of a Regulatory Evaluation Airspace Designations and Reporting On February 20, 1997, a proposal to as the anticipated impact is so minimal. Points, dated September 4, 1996, and amend part 71 of the Federal Aviation Since this is a routine matter that will effective September 16, 1996, is Regulations (14 CFR part 71) to revise only affect air traffic procedures and air amended as follows: the Class E airspace at Jasper, TX, was navigation, it is certified that this rule published in the Federal Register (62 Paragraph 6005: Class E Airspace areas will not have a significant economic extending upward from 700 feet or more FR 7736). A GPS SIAP to RWY 18 impact on a substantial number of small above the surface of the earth. developed for Jasper County-Bell Field, entities under the criteria of the Jasper, TX, requires the revision of the * * * * * Regulatory Flexibility Act. Class E airspace at this airport. The ASW AR E5 Brinkley, AR [Revised] proposal was to revise the controlled List of Subjects in 14 CFR Part 71 Brinkley, Frank Federer Memorial Airport, airspace extending upward from 700 Airspace, Incorporation by reference, AR feet AGL to contain IFR operations in Navigation (air). 38212 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

Adoption of the Amendment this action necessary. This action is therefore—(1) Is not a ‘‘significant In consideration of the foregoing, the intended to provide adequate Class E regulatory action’’ under Executive Federal Aviation Administration airspace to contain instrument flight Order 12866; (2) is not a ‘‘significant amends 14 CFR part 71 as follows: rule (IFR) operations for aircraft rule’’ under DOT Regulatory Policies executing the GPS SIAP to RWY 33 at and Procedures (44 FR 11034; February PART 71Ð[AMENDED] Socorro Municipal Airport, Socorro, 26, 1979); and (3) does not warrant NM. preparation of a Regulatory Evaluation 1. The authority citation for 14 CFR EFFECTIVE DATE: 0901 UTC, September as the anticipated impact is so minimal. part 71 continues to read as follows: 11, 1997. Since this is a routine matter that will Authority: 49 U.S.C. 40103, 40113, 40120; FOR FURTHER INFORMATION CONTACT: only affect air traffic procedures and air E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Donald J. Day, Airspace Branch, Air navigation, it is certified that this rule Comp., p. 389; 49 U.S.C. 106(g); 14 CFR will not have a significant economic 11.69. Traffic Division, Southwest Region, Federal Aviation Administration, Fort impact on a substantial number of small § 71.1 [Amended] Worth, TX 76193–0520, telephone 817– entities under the criteria of the Regulatory Flexibility Act. 2. The incorporation by reference in 222–5593. 14 CFR 71.1 of the Federal Aviation SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 Administration Order 7400.9D, Airspace Designations and Reporting History Airspace, Incorporation by reference, Points, dated September 4, 1996, and On February 20, 1997, a proposal to Navigation (air). effective September 16, 1996, is amend part 71 of the Federal Aviation Adoption of the Amendment amended as follows: Regulations (14 CFR part 71) to revise Paragraph 6005: Class E Airspace areas the Class E airspace at Socorro, NM, was In consideration of the foregoing, the extending upward from 700 feet or more published in the Federal Register (62 Federal Aviation Administration above the surface of the earth FR 7735). A GPS SIAP to RWY 33 amends 14 CFR part 71 as follows: * * * * * developed for Socorro Municipal Airport, Socorro, NM, requires the PART 71Ð[AMENDED] ASW TX E5 Jasper, TX [Revised] revision of the Class E airspace at this Jasper, Jasper County-Bell Field, TX airport. The proposal was to revise the 1. The authority citation for 14 CFR (Lat. 30°53′26′′ N., long 94°02′05′′ W.) controlled airspace extending upward part 71 continues to read as follows: Jasper RBN ° ′ ′′ ° ′ ′′ from 700 feet AGL to contain IFR Authority: 49 U.S.C. 40103, 40113, 40120; (Lat. 30 57 17 N., long 94 02 01 W.) operations in controlled airspace during That airspace extending upward from 700 E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 portions of the terminal operation and Comp., p. 49 U.S.C. 106(g); 14 CFR 11.69. feet above the surface within a 6.4-mile while transitioning between the enroute radius of Jasper County-Bell Field and within 2.6 miles each side of the 001° bearing from and terminal environments. § 71.1 [Amended] the Jasper RBN extending from the 6.4-mile Interested parties were invited to participate in this rulemaking 2. The incorporation by reference in radius to 10.9 miles north of the airport. 14 CFR 71.1 of the Federal Aviation * * * * * proceeding by submitting written comments on the proposal to the FAA. Administration Order 7400.9D, Issued in Fort Worth, TX, on June 23, 1997. Airspace Designations and Reporting Albert L. Viselli, No comments to the proposal were received. The rule is adopted as Points, dated September 4, 1996, and Acting Manager, Air Traffic Division, effective September 16, 1996, is Southwest Region. proposed. The coordinates for this airspace amended as follows: [FR Doc. 97–18848 Filed 7–16–97; 8:45 am] docket are based on North American Paragraph 6005: Class E Airspace areas BILLING CODE 4910±13±M Datum 83. Class E airspace designations extending upward from 700 feet or more for airspace areas extending upward above the surface of the earth. DEPARTMENT OF TRANSPORTATION from 700 feet or more AGL are * * * * * published in Paragraph 6005 of FAA ASW NM E5 Socorro, NM [Revised] Federal Aviation Administration Order 7400.9D dated September 4, 1996, and effective September 16, 1996, which Socorro Municipal Airport, NM 14 CFR Part 71 is incorporated by reference in 14 CFR (lat. 34°01′19′′ N., long. 106°54′10′′ W.) 71.1. The Class E airspace designation That airspace extending upward from 700 [Airspace Docket No. 96±ASW±23] listed in this document will be feet above the surface within a 6.7-mile Revision of Class E Airspace; Socorro, published subsequently in the Order. radius of Socorro Municipal Airport and ° NM The Rule within 1.4 miles each side of the 164 bearing from the airport extending from the 6.7-mile AGENCY: Federal Aviation This amendment to part 71 of the radius to 7.1 miles south of the airport Administration (FAA), DOT. Federal Aviation Regulations (14 CFR excluding that airspace west of long. ACTION: Final rule. part 71) amends the Class E airspace 107°00′02′′. located at Socorro, NM, to provide * * * * * SUMMARY: This action revises the Class controlled airspace extending upward Issued in Forth Worth, TX, on June 23, E airspace extending upward from 700 from 700 feet AGL for aircraft executing 1997. feet above ground level (AGL) at the GPS SIAP to RWY 33. Socorro, NM. The development of a The FAA has determined that this Albert L. Viselli, Global Positioning System (GPS) regulation only involves an established Acting Manager, Air Traffic Division, Standard Instrument Approach body of technical regulations that need Southwest Region. Procedure (SIAP) to Runway (RWY) 33 frequent and routine amendments to [FR Doc. 97–18849 Filed 7–16–97; 8:45 am] at Socorro Municipal Airport has made keep them operationally current. It, BILLING CODE 4910±13±M Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38213

DEPARTMENT OF TRANSPORTATION Order 7400.9D dated September 4, 1996, That airspace extending upward room 700 and effective September 16, 1996, which feet above the surface within a 6.5-mile Federal Aviation Administration radius of Perry Municipal Airport and within is incorporated by reference in 14 CFR ° 71.1. The Class E airspace designation 2 miles each side of the 359 bearing from the 14 CFR Part 71 airport extending from the 6.5-mile radius to listed in this document will be 10.5 miles north of the airport. published subsequently in the Order. [Airspace Docket No. 96±ASW±22] * * * * * Revision of Class E Airspace; Perry, The Rule Issued in Fort Worth, TX, on June 23, 1997. OK This amendment to part 71 of the Albert L. Viselli, Federal Aviation Regulations (14 CFR Acting Manager, Air Traffic Division, AGENCY: Federal Aviation part 71) amends the Class E airspace Southwest Region. Administration (FAA), DOT. located at Perry, OK, to provide [FR Doc. 97–18850 Filed 7–16–97; 8:45 am] ACTION: Final rule. controlled airspace extending upward BILLING CODE 4910±13±M from 700 feet AGL for aircraft executing SUMMARY: This action revises the Class the GPS SIAP to RWY 17. E airspace extending upward from 700 The FAA has determined that this ENVIRONMENTAL PROTECTION feet above ground level (AGL) at Perry, regulation only involves an established AGENCY OK. The development of a Global body of technical regulations that need Positioning System (GPS) Standard frequent and routine amendments to 40 CFR Parts 52 and 81 Instrument Approach Procedure (SIAP) keep them operationally current. It, to Runway (RWY) 17 at Perry Municipal [UT15±1±6775, UT12±2±6728, UT16±1±6776; therefore—(1) Is not a ‘‘significant FRL±5856±8] Airport has made this action necessary. regulatory action’’ under Executive This action is intended to provide Order 12866; (2) is not a ‘‘significant Approval and Promulgation of Air adequate Class E airspace to contain rule’’ under DOT Regulatory Policies Quality Implementation Plans; State of instrument flight rule (IFR) operations and Procedures (44 FR 11034; February Utah; Salt Lake and Davis Counties for aircraft executing the GPS SIAP to 26, 1979); and (3) does not warrant Ozone Redesignation to Attainment, RWY 17 at Perry Municipal Airport, preparation of a Regulatory Evaluation Designation of Areas for Air Quality Perry, OK. as the anticipated impact is so minimal. Planning Purposes, Approval of EFFECTIVE DATE: 0901 UTC, September Since this is a routine matter that will Related Elements, Approval of Partial 11, 1997. only affect air traffic procedures and air NOX RACT Exemption, and Approval of FOR FURTHER INFORMATION CONTACT: navigation, it is certified that this rule Weber County I/M Program Donald J. Day, Airspace Branch, Air will not have a significant economic AGENCY: Environmental Protection Traffic Division, Southwest Region, impact on a substantial number of small Agency (EPA). Federal Aviation Administration, Fort entities under the criteria of the Worth, TX 76193–0520, telephone 817– Regulatory Flexibility Act. ACTION: Final rule. 222–5593. List of Subjects in 14 CFR Part 71 SUMMARY: On May 23, 1997, EPA SUPPLEMENTARY INFORMATION: Airspace, Incorporation by reference, published a notice of proposed Navigation (air). rulemaking (NPR) that proposed to History approve the State of Utah’s request to On February 20, 1997, a proposal to Adoption of the Amendment redesignate the Salt Lake and Davis amend part 71 of the Federal Aviation In consideration of the foregoing, the Counties (SLDC) moderate ozone Regulations (14 CFR part 71) to revise Federal Aviation Administration nonattainment area to attainment. In the Class E airspace at Perry, OK, was amends 14 CFR part 71 as follows: that NPR, EPA also proposed to approve published in the Federal Register (62 the maintenance plan for the SLDC area, FR 7734). A GPS SIAP to RWY 17 PART 71Ð[AMENDED] and the following related State developed for Perry Municipal Airport, Implementation Plan (SIP) elements: the 1. The authority citation for 14 CFR Perry, OK, requires the revision of the 1990 base year emissions inventory, part 71 continues to read as follows: Class E airspace at this airport. The Reasonably Available Control proposal was to revise the controlled Authority: 49 U.S.C. 40103, 40113, 40120; Technology (RACT) for Volatile Organic airspace extending upward from 700 E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Compounds (VOC), Nitrogen Oxides Comp., p. 389; 49 U.S.C. 106(g); 14 CFR feet AGL to contain IFR operations in 11.69. (NOX) RACT for Kennecott’s Utah controlled airspace during portions of Power Plant and for the Pacificorp the terminal operation and while § 71.1 [Amended] Gadsby Power Plant, and the Basic transitioning between the enroute and 2. The incorporation by reference in Inspection and Maintenance (I/M) and terminal environments. 14 CFR 71.1 of the Federal Aviation Improved I/M provisions for Salt Lake Interested parties were invited to Administration Order 7400.9D, and Davis Counties. EPA also proposed participate in this rulemaking Airspace Designations and Reporting to approve a partial NOX RACT proceeding by submitting written Points, dated September 4, 1996, and exemption request. In this final comments on the proposal to the FAA. effective September 16, 1996, is rulemaking, EPA is approving the No comments to the proposal were amended as follows: redesignation request, the maintenance received. The rule is adopted as plan, the various related SIP elements, Paragraph 6005: Class E Airspace areas proposed. extending upward from 700 feet or more and the partial NOX RACT exemption The coordinates for this airspace above the surface of the earth. request. In the May 23, 1997, NPR, EPA docket are based on North American also proposed to give limited approval * * * * * Datum 83. Class E airspace designations to the State’s generic VOC RACT and for airspace areas extending upward ASW OK E5 Perry, OK [Revised] generic NOX RACT rules and to approve from 700 feet or more AGL are Perry Municipal Airport, OK the I/M provisions for Weber County. In published in Paragraph 6005 of FAA (Lat. 36°23′08′′ N., long. 97°16′38′′ W.) this rulemaking, EPA is giving limited 38214 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

approval to the VOC and NOX generic implementation plan and applicable 1. The SLDC redesignation request— RACT rules and is approving the I/M Federal air pollutant control regulations EPA is approving the Governor’s provisions for Weber County. and other permanent and enforceable November 12, 1993, request to EFFECTIVE DATE: August 18, 1997. reductions; redesignate the SLDC ozone ADDRESSES: Copies of the State’s (iv) the Administrator has fully nonattainment area to attainment. redesignation request, maintenance plan approved a maintenance plan for the 2. The SLDC maintenance plan—EPA and other documents relevant to this area as meeting the requirements of is approving the maintenance plan that action are available for public CAA section 175A; and, the Governor submitted on February 19, (v) the State containing such area has inspection between 8:00 a.m. and 4:00 1997 (‘‘maintenance plan’’). EPA notes met all requirements applicable to the p.m., Monday through Friday at the that a key aspect of the maintenance area under section 110 and part D of the following office: United States plan is its implications with respect to CAA. the conformity regulations. These Environmental Protection Agency, EPA has reviewed the State’s Region 8, Air Program, 999 18th Street, regulations require a demonstration that redesignation request, maintenance emissions from the transportation plan Suite 500, Denver, Colorado 80202– plan, related SIP elements, and the 2466. and Transportation Improvement partial NOX RACT exemption request. Documents that are incorporated by Program are consistent with the EPA has also considered all public reference are available for public emissions budget in the SIP (40 CFR comments submitted in response to the inspection at the: United States 93.118 and 93.119). The emissions NPR for this action (EPA only received Environmental Protection Agency, Air budget is defined as the level of mobile one comment letter from the Utah source emissions relied upon in the and Radiation Docket and Information Mining Association which was in attainment or maintenance Center, 401 M Street, SW, Washington, support of the NPR). EPA has demonstration to maintain compliance D.C. 20460 as well as the above address. determined that all required SIP with the NAAQS in the nonattainment FOR FURTHER INFORMATION CONTACT: Tim elements, including the maintenance area. The rule’s requirements and EPA’s Russ, Air Program (8P2-A), United plan, have either been approved policy on emissions budgets are found States Environmental Protection previously or will be fully approved in the Preamble to the transportation Agency, Region 8, 999 18th Street, Suite with this action, that the area has conformity rule (58 FR 62193–62196) 500, Denver, Colorado 80202–2466; attained the ozone National Ambient and in the sections of the rule Telephone number: (303) 312–6479. Air Quality Standard (NAAQS), and that referenced above. SUPPLEMENTARY INFORMATION: the improvement in air quality is due to permanent and enforceable reductions The maintenance plan defines I. Background in emissions resulting from the emissions budgets for each year between On November 15, 1990, the Clean Air implementation of the applicable 1994 and 2007, and for 2015 and 2020. Act Amendments of 1990 were enacted implementation plan and applicable The 1994–2007 emissions budgets are (Pub. L. 101–549, 104 Stat. 2399, Federal air pollutant control regulations based on the maintenance plan’s codified at 42 U.S.C. 7401–7671q). and other permanent and enforceable emission inventory projections, while Under section 107(d)(1)(C) of the CAA, reductions. Thus, the five criteria in the 2015 and 2020 budgets are based on EPA designated the SLDC area as section 107(d)(3)(E) of the Clean Air Act EKMA modeling. The maintenance plan nonattainment for ozone because the (CAA) have been met and approval of lists budgets for Salt Lake County and area had been designated as the redesignation request is warranted. Davis County separately, and for the nonattainment before November 15, Detailed descriptions of how the section entire nonattainment area (both 1990. The SLDC area was classified as 107(d)(3)(E) requirements have been met Counties combined). The plan provides a moderate nonattainment area (see are provided in the May 23, 1997, NPR that the metropolitan planning section 181 of the CAA for further for this action (62 FR 28396) and will organization (Wasatch Front Regional information regarding classifications not be repeated here. Council) may demonstrate conformity and attainment dates for ozone In addition to the SIP elements related with the budgets for each County nonattainment areas). to the redesignation request, EPA also individually or for the entire Under the Clean Air Act (CAA), proposed action in the May 23, 1997, nonattainment area at its option. The designations can be changed if sufficient NPR on three unrelated SIP elements. plan also identifies a safety margin data are available to warrant such First, EPA proposed to give limited (called the ‘‘emissions credit’’) for each changes and if certain other approval to the State’s generic VOC and year, which is the difference between total emissions from all sources in the requirements are met. See CAA section NOX RACT rules. In the NPR, EPA 107(d)(3)(D). Section 107(d)(3)(E) of the noted deficiencies in these rules that attainment year and in each future year. CAA provides that the Administrator prevent full approval, and thus, EPA is The plan provides that this safety may not promulgate a redesignation of only giving limited approval to these margin may be used for conformity a nonattainment area to attainment rules for their strengthening effect, not purposes if authorized by the Utah Air unless: as meeting the CAA’s requirements for Quality Board. (i) the Administrator determines that VOC and NOX RACT. Second, EPA 3. The 1990 SLDC ozone base year the area has attained the national proposed to approve I/M provisions for emissions inventory—EPA is approving ambient air quality standard; Weber County and is now fully the 1990 SLDC ozone base year (ii) the Administrator has fully approving these I/M provisions. A emissions inventory that the Governor approved the applicable detailed description of EPA’s rationale submitted on January 13, 1995, (with implementation plan for the area under for these actions is contained in the May corrections submitted on April 20, 1995, CAA section 110(k); 23, 1997, NPR for this action (62 FR by Russell Roberts, Director, Utah (iii) the Administrator determines that 28396). Division of Air Quality). the improvement in air quality is due to 4. VOC RACT—EPA is approving the permanent and enforceable reductions II. Final Action State’s VOC RACT requirements as in emissions resulting from A. In this action, EPA is approving the presented in specific sections of the implementation of the applicable following: maintenance plan (described below) and Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38215 as reflected in the following State 7. Improved I/M for Salt Lake and revision to any State Implementation Approval Orders (AO): Davis Counties—EPA is approving the Plan shall be considered separately in (a) Hill Air Force Base (HAFB) AO Improved I/M provisions for Salt Lake light of specific technical, economic, DAQE–163–96 dated February 9, 1996, and Davis Counties that the Governor and environmental factors and in HAFB AO DAQE–1134–95 dated submitted on February 19, 1997. relation to relevant statutory and December 7, 1995, HAFB AO DAQE– 8. Partial NOX RACT Exemption regulatory requirements. Request—EPA is approving the Partial 860–95 dated September 20, 1995, III. Administrative Requirements HAFB AO DAQE–775–95 dated August NOX RACT Exemption Request for the 30, 1995, HAFB AO DAQE–403–95 SLDC area as was submitted by Ursula A. Executive Order 12866 dated May 8, 1995, HAFB AO DAQE– Trueman, Director, Utah Division of Air The Office of Management and Budget 067–95 dated January 31, 1995, HAFB Quality on May 2, 1997. It is important (OMB) has exempted this regulatory AO DAQE–068–95 dated January 30, to note that EPA is only approving an action from E.O. 12866 review. 1995, HAFB AO DAQE–915–94 dated exemption from the NOX RACT October 18, 1994, HAFB AO DAQE– requirements for those major stationary B. Regulatory Flexibility Act 824–94 dated September 29, 1994, sources of NOX in the SLDC Under the Regulatory Flexibility Act, HAFB AO DAQE–0752–93 dated August nonattainment area other than the 5 U.S.C. 600 et seq., EPA must prepare 27, 1993, HAFB AO DAQE–0719–93 Pacificorp Gadsby Power Plant and the a regulatory flexibility analysis dated August 20, 1993, HAFB AO Kennecott Utah Copper Utah Power assessing the impact of any proposed or DAQE–0103–93 dated February 11, Plant. EPA is not approving an final rule on small entities. 5 U.S.C. 603 1993, HAFB AO DAQE–1171–92 dated exemption from the NOX NSR and 604. Alternatively, EPA may certify January 4, 1993, HAFB AO DAQE–416– requirements, NOX conformity that the rule will not have a significant 92 dated April 28, 1992, HAFB AO requirements, or the motor vehicle I/M impact on a substantial number of small DAQE–167–92 dated February 19, 1992, requirements related to NOX. entities. Small entities include small HAFB AO DAQE–894–91 dated Furthermore, EPA notes that NOX limits businesses, small not-for-profit November 25, 1991, HAFB AO BAQE– for some or all of the major stationary enterprises, and government entities 039–91 dated February 7, 1991, HAFB sources of NOX other than the Pacificorp with jurisdiction over populations of AO BAQE–669–88 dated December 20, Gadsby and Kennecott Utah Copper less than 50,000. 1988, HAFB AO BAQE–525–88 dated Utah Power Plants are necessary for the Redesignation of an area to attainment October 13, 1988, HAFB AO BAQE– SLDC nonattainment area to under sections 107(d)(3)(D) and (E) of 353–88 dated July 21, 1988, HAFB AO demonstrate maintenance of the ozone the CAA does not impose any new BAQE–026–88 dated January 20, 1988, NAAQS through 2007 (2020 for requirements on small entities. HAFB AO for Industrial Wastewater conformity purposes). Redesignation to attainment is an action 9. Revisions to UACR R307–1–3.3.3.C, Treatment Facility dated February 20, that affects the status of a geographical a portion of ‘‘Control of Installations’’ 1986, HAFB AO for Hydrazine Exhaust area and does not impose any regulatory and revisions to UACR R307–3.5.3.B(1), Incinerator dated February 5, 1985, requirements on sources. Therefore, I a portion of ‘‘Emission Statement HAFB AO for Paint Booth, HVAC certify that the approval of the Inventory,’’ both as submitted by the Modification, Standby Generators, and redesignation request will not affect a Governor on February 19, 1997. substantial number of small entities. Fuel Storage dated July 18, 1983, HAFB B. Unrelated to the SLDC ozone AO for Remodeling Base Exchange BX SIP approvals under section 110 and redesignation request, EPA is also taking subchapter I, part D of the Clean Air Act Service Station dated July 12, 1979, the following actions: HAFB AO for Construction dated June do not create any new requirements but 1. EPA is approving the Weber County simply approve requirements that the 27, 1978, and the Olympia Sales Basic I/M provisions as submitted by Company AO DAQE–300–95 dated State is already imposing. Therefore, the Governor on February 19, 1997. because the Federal SIP approval does April 13, 1995. 2. EPA is granting limited approval of not impose any new requirements, I (b) VOC RACT, as described in the revisions to UACR R307–14–1 certify that it does not have a significant maintenance plan, was addressed for ‘‘Requirements for Ozone impact on any small entities affected. the Amoco, Chevron, Crysen, Flying J, Nonattainment Areas and Davis and Salt Moreover, due to the nature of the and Phillips refineries through the Lake Counties’’ as submitted by the Federal-State relationship under the Governor’s submittals of VOC RACT Governor on February 6, 1996. UACR CAA, preparation of a flexibility rules on May 4, 1990 and July 25, 1991, R307–14–1 requires RACT for existing analysis would constitute Federal as approved by EPA on June 26, 1992 major sources of VOC and NOX for inquiry into the economic (57 FR 28621). which no specific emission limits or reasonableness of State action. The 5. NOX RACT—EPA is approving the other control requirements have been Clean Air Act forbids EPA to base its State’s NOX RACT requirements as established in R307–14. This generic actions concerning SIPs on such reflected in the following State RACT rule strengthens the SIP, but does grounds. Union Electric Co. v. U.S. EPA, Approval Orders (AO): not meet all the CAA requirements for 427 U.S. 246, 255–66 (1976); 42 U.S.C. (a) Pacificorp Gadsby Power Plant— RACT. Thus, EPA is approving this rule 7410(a)(2). AO: DAQE–0063–94, dated February 3, for its strengthening effect only. For a Approvals of NOX exemption requests 1994. full discussion of the reasons EPA is under section 182(f) of the CAA do not (b) Kennecott Utah Copper Utah unable to fully approve the revisions to create any new requirements. Therefore, Power Plant—AO: DAQE–433–94, dated UACR R307–14–1, please refer to the I certify that approval of the State’s May 27, 1994. May 23, 1997, NPR for this action (62 partial NOX RACT exemption request 6. Basic Inspection and Maintenance FR 28396, 28399–28400, 28404). will not have a significant impact on (I/M) for Salt Lake and Davis Counties— Nothing in this action should be any small entities affected. EPA is approving the Basic I/M construed as permitting or allowing or provisions for Salt Lake and Davis establishing a precedent for any future C. Unfunded Mandates Counties that the Governor submitted request for revision to any State Under Section 202 of the Unfunded on February 19, 1997. Implementation Plan. Each request for Mandates Reform Act of 1995 38216 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

(‘‘Unfunded Mandates Act’’), signed List of Subjects and Davis Counties, adopted by the into law on March 22, 1995, EPA must 40 CFR Part 52 Utah Air Quality Board on January 8, prepare a budgetary impact statement to Environmental protection, Air 1997), and excluding any other accompany any proposed or final rule pollution control, Carbon Monoxide, provisions that such rule incorporates that includes a Federal mandate that Hydrocarbons, Incorporation by by reference. may result in estimated costs to State, reference, Intergovernmental relations, (B) The following State Approval local, or tribal governments in the Nitrogen dioxide, Ozone, Reporting and Orders (AO): Pacificorp Gadsby Power aggregate, or to the private sector, of recordkeeping requirements, Volatile Plant AO DAQE–0063–94 dated $100 million or more. Under Section organic compounds. February 3, 1994, Kennecott Utah 205, EPA must select the most cost- 40 CFR Part 81 Copper Utah Power Plant AO DAQE– effective and least burdensome Environmental protection, Air 433–94 dated May 27, 1994, Hill Air alternative that achieves the objectives pollution control, National parks, Force Base (HAFB) AO DAQE–163–96 of the rule and is consistent with Wilderness areas. dated February 9, 1996, HAFB AO DAQE–1134–95 dated December 7, statutory requirements. Section 203 Dated: July 2, 1997. requires EPA to establish a plan for 1995, HAFB AO DAQE–860–95 dated Jack W. McGraw, informing and advising any small September 20, 1995, HAFB AO DAQE– governments that may be significantly Acting Regional Administrator. 775–95 dated August 30, 1995, HAFB or uniquely impacted by the rule. Title 40, chapter I, parts 52 and 81 of AO DAQE–403–95 dated May 8, 1995, EPA has determined that the the Code of Federal Regulations are HAFB AO DAQE–067–95 dated January proposed action does not include a amended as follows: 31, 1995, HAFB AO DAQE–068–95 dated January 30, 1995, HAFB AO Federal mandate that may result in PART 52Ð[AMENDED] estimated costs of $100 million or more DAQE–915–94 dated October 18, 1994, to either State, local, or tribal 1. The authority citation for part 52 HAFB AO DAQE–824–94 dated governments in the aggregate or to the continues to read as follows: September 29, 1994, HAFB AO DAQE– 0752–93 dated August 27, 1993, HAFB private sector. This Federal action will Authority: 42 U.S.C. 7401–7671q. AO DAQE–0719–93 dated August 20, approve a redesignation to attainment, 1993, HAFB AO DAQE–0103–93 dated pre-existing requirements under State or Subpart TTÐUTAH February 11, 1993, HAFB AO DAQE– local law, and an exemption from 1171–92 dated January 4, 1993, HAFB requirements otherwise imposed under 2. Section 52.2320 is amended by AO DAQE–416–92 dated April 28, 1992, the CAA; this action will impose no adding paragraph (c)(38) to read as HAFB AO DAQE–167–92 dated new requirements. Accordingly, no follows: February 19, 1992, HAFB AO DAQE– additional costs to State, local, or tribal § 52.2320 Identification of plan. 894–91 dated November 25, 1991, governments, or to the private sector, * * * * * HAFB AO BAQE–039–91 dated will result from this action. (c) * * * February 7, 1991, HAFB AO BAQE– D. Submission to Congress and the (38) Revisions to the Utah State 669–88 dated December 20, 1988, HAFB General Accounting Office Implementation Plan, Section IX, AO BAQE–525–88 dated October 13, Control Measures for Area and Point 1988, HAFB AO BAQE–353–88 dated Under 5 U.S.C. 801(a)(1)(A) as added Sources, Part D, Ozone; Section X, July 21, 1988, HAFB AO BAQE–026–88 by the Small Business Regulatory Vehicle Inspection and Maintenance dated January 20, 1988, HAFB AO for Enforcement Fairness Act of 1996, EPA Program, Part A, General Requirements Industrial Wastewater Treatment submitted a report containing this rule and Applicability; Section X, Vehicle Facility dated February 20, 1986, HAFB and other required information to the Inspection and Maintenance Program, AO for Hydrazine Exhaust Incinerator U.S. Senate, the U.S. House of Part B, Davis County; Section X, Vehicle dated February 5, 1985, HAFB AO for Representatives, and the Comptroller Inspection and Maintenance Program, Paint Booth, HVAC Modification, General of the General Accounting Part C, Salt Lake County; Section X, Standby Generators, and Fuel Storage Office prior to the publication of the Vehicle Inspection and Maintenance dated July 18, 1983, HAFB AO for rule in today’s Federal Register. This Program, Part E, Weber County; UACR Remodeling Base Exchange BX Service rule is not a ‘‘major rule’’ as defined by R307–1–3.3.3.C., a portion of Control of Station dated July 12, 1979, HAFB AO 5 U.S.C. 804(2). Installations; UACR R307–1–3.5.3.B.(1), for Construction dated June 27, 1978, E. Petitions for Judicial Review a portion of Emission Statement and the Olympia Sales Company AO Inventory; all as submitted by the DAQE–300–95 dated April 13, 1995. Under section 307(b)(1) of the Clean Governor on February 19, 1997. EPA (C) UACR R307–2–18, adopted by the Air Act, petitions for judicial review of approved the above provisions. In Utah Air Quality Board on February 5, this action must be filed in the United addition, EPA approved, for the limited 1997, effective February 14, 1997. This States Court of Appeals for the purpose of strengthening the SIP, rule incorporates by reference Section appropriate circuit by September 15, revisions to UACR R307–14, X, Part A of the Utah State 1997. Filing a petition for Requirements for Ozone Nonattainment Implementation Plan, Vehicle reconsideration by the Administrator of Areas and Davis and Salt Lake Counties, Inspection and Maintenance Program, this final rule does not affect the finality as submitted by the Governor on General Requirements and of this rule for the purposes of judicial February 6, 1996. Applicability. review nor does it extend the time (i) Incorporation by reference. (D) UACR R307–2–31, adopted by the within which a petition for judicial (A) UACR R307–2–13 adopted by the Utah Air Quality Board on February 5, review may be filed, and shall not Utah Air Quality Board on January 8, 1997, effective February 14, 1997. This postpone the effectiveness of such rule 1997, effective March 4, 1997, including rule incorporates by reference Section or action. This action may not be Section IX, Part D.2 of the Utah State X, Part B of the Utah State challenged later in proceedings to Implementation Plan (SIP) that such Implementation Plan, Vehicle enforce its requirements. (See section rule incorporates by reference (Ozone Inspection and Maintenance Program, 307(b)(2).) Maintenance Provisions for Salt Lake Davis County. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38217

(E) UACR R307–2–32, adopted by the § 52.2350 Emission inventories. Department of Environmental Quality, Utah Air Quality Board on February 5, The Governor of the State of Utah submitted, on behalf of the State of Utah 1997, effective February 14, 1997. This submitted the 1990 base year emission and pursuant to section 182(f)(2)(A) of rule incorporates by reference Section inventory of ozone precursors, which the Clean Air Act as amended in 1990, X, Part C of the Utah State are volatile organic compounds, a section 182(f)(2) NOX Reasonably Implementation Plan, Vehicle nitrogen oxides, and carbon monoxide, Available Control Technology (RACT) Inspection and Maintenance Program, for the Salt Lake and Davis Counties exemption request for major stationary Salt Lake County. ozone nonattainment area on January sources of NOX in the Salt Lake and 13, 1995, as a revision to the State Davis Counties ozone nonattainment (F) UACR R307–2–34, adopted by the Implementation Plan (SIP). This Utah Air Quality Board on February 5, area other than the Pacificorp Gadsby inventory addresses emissions from and Kennecott Utah Copper Utah Power 1997, effective February 14, 1997. This point, area, non-road, on-road mobile, rule incorporates by reference Section Plants. The exemption request was and biogenic sources. This Governor’s based on ambient air quality monitoring X, Part E of the Utah State submittal was followed by the submittal Implementation Plan, Vehicle data which demonstrated that the ozone of corrections to the inventory, on April National Ambient Air Quality Standard Inspection and Maintenance Program, 20, 1995, from Russell Roberts, Director, Weber County. (NAAQS) had been attained in the Salt Division of Air Quality, Utah Lake and Davis Counties ozone Department of Environmental Quality. (G) UACR R307–1–3.3.3.C., a portion nonattainment area for the years 1990 The ozone maintenance plan for Salt of Control of Installations, as adopted by through 1996. EPA approved this NO Lake and Davis Counties that the X the Utah Air Quality Board on January RACT exemption request on July 2, Governor submitted on February 19, 8, 1997, effective January 15, 1997. 1997. 1997, incorporates by reference the (H) UACR R307–1–3.5.3.B.(1), a corrected 1990 base year ozone emission PART 81Ð[AMENDED] portion of Emission Statement Inventory inventory as background material. The regulation, as adopted by the Utah Air 1990 ozone base year emission Quality Board on January 8, 1997, 1. The authority citation for part 81 inventory requirement of section continues to read as follows: effective January 15, 1997. 182(a)(1) of the Clean Air Act, as (I) UACR R307–14–1, Requirements amended in 1990, has been satisfied for Authority: 42 U.S.C. 7401–7671q. the Salt Lake and Davis Counties area. for Ozone Nonattainment Areas and 2. In § 81.345, the table entitled Davis and Salt Lake Counties, adopted 4. New § 52.2351 is added to read as follows: ‘‘Utah-Ozone’’ is amended by revising by the Utah Air Quality Board on the entry for ‘‘Salt Lake City Area’’ to August 9, 1995, effective on August 15, § 52.2351 Area-wide nitrogen oxides (NOX) read as follows: 1995. exemption. 3. New § 52.2350 is added to read as On May 2, 1997, Ursula Trueman, § 81.345 Utah. follows: Director, Division of Air Quality, Utah * * * * *

UTAH-OZONE

Designation Classification Designated area Date 1 Type Date 1 Type

Salt Lake City Area: Davis County ...... August 18, 1997 ...... Attainment. Salt Lake County ...... August 18, 1997 ...... Attainment.

******* 1 This date is November 15, 1990, unless otherwise noted.

* * * * * indirect cost rates and other cost issues. SUPPLEMENTARY INFORMATION: On March [FR Doc. 97–18715 Filed 7–16–97; 8:45 am] The regional HHS Divisions of Cost 5, 1997, HHS published a Notice of BILLING CODE 6560±50±P Allocation have been reorganized into a Proposed Rulemaking (62 FR 10009) new Program Support Center and no soliciting public comments on a longer report to the Regional Directors, proposal to remove 45 CFR part 75, DEPARTMENT OF HEALTH AND making the process obsolete. The ‘‘Informal grant appeals procedures,’’ HUMAN SERVICES Department also sees little value in this together with all references to it. Part 75 informal appeals process because it provides for an informal appeals process 45 CFR Parts 16, 74, 75, and 95 frequently lengthens the time required to the Regional Directors (prior to formal for appeals. Deletion of this rule will appeals under 45 CFR part 16) for RIN 0991±AA88 reduce internal management regulations disputes arising from determinations as required by Executive Order 12861. Indirect Cost Appeals made by a Director, Division of Cost (45 CFR part 75) Allocation (DCA) in the Department’s AGENCY: Department of Health and DATES: Effective August 18, 1997. regional offices, concerning indirect cost Human Services (HHS). rates and certain other cost allocation FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. plans. The Department’s Divisions of Ronald Speck, (202) 401–2751. For the Cost Allocation have been reorganized SUMMARY: This final rule removes the hearing impaired only: TDD (202) 690– into a New Program Support Center and informal grant appeals procedure for 6415. no longer report to the Regional 38218 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

Directors. Consequently the procedures Dated: July 10, 1997. Authority: Sec. 452(a), 83 Stat. 2351, 42 in part 75 are obsolete. Donna E. Shalala, U.S.C. 652(a); sec.1102, 49 Stat. 647, 42 U.S.C. 1302; sec. 7(b), 68 Stat. 658, 29 U.S.C. Secretary. In addition, experience has shown 37(b); sec. 139, 84 Stat. 1323, 42 U.S.C. that this informal appeals process Accordingly, for the reasons set forth 2577b.; sec. 144, 81 Stat. 529, 42 U.S.C. 2678; actually resolves very few of the covered above, title 45 of the Code of Federal sec. 1132, 94 Stat. 530, 42 U.S.C. 1320b–2; disputes, because most of these informal Regulations is amended as follows: sec. 306(b), 94 Stat. 530, 42 U.S.C. 1320b–2 appeals are subsequently appealed to note, unless otherwise noted. PART 16ÐPROCEDURES OF THE the Departmental Appeals Board § 95.513 [Removed] DEPARTMENTAL GRANT APPEALS established by 45 CFR part 16. BOARD b. Section 95.513 is removed. Therefore, this informal appeals process has the effect of lengthening the total 1. Part 16 is amended as follows: § 95.519 [Amended] time required to finally resolve the a. The authority citation continues to c. Section 95.519(b) is amended by subject appeals. read as follows: redesignating paragraph (b)(1) as paragraph (b), in newly redesignated No public comments were received Authority: 5 U.S.C. 301 and secs. 1, 5, 6, paragraph (b) by removing the words and 7 of Reorganization Plan No. 1 of 1953, concerning this proposal. Since the ‘‘reconsideration of the determination Department sees little value in this 18 FR 2053, 67 Stat. 631 and authorities cited in the Appendix. under 45 CFR part 75’’ and adding, in informal appeals process, and this their place, the words ‘‘appeal of the process is obsolete, we are adopting the § 16.3 [Amended] determination under 45 CFR part 16’’, proposal to eliminate part 75 as final, b. Section 16.3(c) is amended by and by removing paragraph (b)(2). thereby reducing internal management removing the words ‘‘and part 75 of this [FR Doc. 97–18874 Filed 7–16–97; 8:45 am] regulations as required by Executive title for rate determinations and cost BILLING CODE 4150±04±M Order 12861. (We have corrected an allocation plans’’. inadvertent omission in the Notice of Appendix A to Part 16 [Amended] Proposed Rulemaking’s authority FEDERAL COMMUNICATIONS c. Section D. of appendix A is citation for 45 CFR part 74.) COMMISSION amended by removing the last sentence. Regulatory Impact Analyses 47 CFR Part 73 PART 74ÐUNIFORM ADMINISTRATIVE Executive Order 12866 REQUIREMENTS FOR AWARDS AND [MM Docket No. 93±270; RM±8323, RM± This final rule was reviewed by the SUBAWARDS TO INSTITUTIONS OF 8339, RM±8428, RM±8429, and RM±8430] Office of Management and Budget. HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, FM Broadcasting Services; Nashville, Regulatory Flexibility Act AND COMMERCIAL ORGANIZATIONS; Cordele, Dawson, Montezuma, and AND CERTAIN GRANTS AND Hawkinsville, GA The Secretary, in accordance with the AGREEMENTS WITH STATES, LOCAL AGENCY: Federal Communications Regulatory Flexibility Act (5 U.S.C. GOVERNMENTS AND INDIAN TRIBAL Commission. 605(b)), has reviewed this final rule GOVERNMENTS ACTION: before publication and, by approving it, Final rule. certifies that it does not have a 2. Part 74 is amended as follows: SUMMARY: The Chief, Allocations significant impact on a substantial a. The authority citation continues to Branch, granted the counterproposal number of small entities. read as follows: (RM–8428) filed by Tifton Broadcasting Authority: 5 U.S.C. 301; OMB Circular A– Corporation, licensee of Station Unfunded Mandates Act 110; Appendix J is also issued under 31 WJYF(FM), Channel 237C3 (95.3 MHz), The Department has determined that U.S.C. section 7505. Nashville, Georgia, to upgrade that this final rule is not a significant § 74.62 [Amended] station by substituting Channel 237C2 regulatory action within the meaning of for Channel 237C3 and modifying its b. Section 74.62(b) is amended by license to operate on Channel 237C2. the Unfunded Mandates Reform Act of removing the numbers ‘‘16, 75,’’ and 1995. That counterproposal was filed in adding, in their place, the number ‘‘16’’. response to the Notice of Proposed Rule Paperwork Reduction Act § 74.90 [Amended] Making, 58 FR 58671, published November 3, 1993, which had set forth This final rule does not contain c. Section 74.90(b) is amended by removing the words ‘‘parts 16 and 75’’ two allotment proposals in response to information collection requirements the interrelated petitions for rule requiring clearance under the and adding, in their place, the words ‘‘part 16’’. making filed by Radio Cordele, Inc. Paperwork Reduction Act. (‘‘RCI’’) (RM–8323), licensee of Station List of Subjects in 45 CFR Parts 16, 74, PART 75ÐINFORMAL GRANT WKKN(FM), Cordele, Georgia, and by 75, and 95 APPEALS PROCEDURES [REMOVED] John F. Tuck and Phonson Donaldson, Bankruptcy Court Appointed Receivers Accounting, Administrative practice 3. Part 75 is removed. for Dawson Broadcasting Company (‘‘DBC’’) (RM–8339), licensee of Station and procedures, Grant programs— PART 95ÐGENERAL WAZE(FM), Dawson, Georgia. With this health, Grant programs—social ADMINISTRATIONÐGRANT action, the proceeding is terminated. programs, Grants administration, PROGRAMS (PUBLIC ASSISTANCE Reporting and recordkeeping AND MEDICAL ASSISTANCE) DATES: Effective September 2, 1997. The requirements. window period for filing applications 4. Part 95 is amended as follows: for Channel 251A at Dawson, Georgia (Catalog of Federal Domestic Assistance a. The authority citation continues to will open on September 2, 1997, and Number does not apply) read as follows: close on October 3, 1997. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38219

FOR FURTHER INFORMATION CONTACT: J. Georgia, and Montezuma Broadcasting, Part 73 of Title 47 of the Code of Bertron Withers, Jr., Mass Media licensee of Station WLML(FM), Federal Regulations is amended as Bureau, (202) 418–2180. Montezuma, Georgia (RM–8429), was follows: SUPPLEMENTARY INFORMATION: Channel also dismissed. This is a summary of the 237C2 can be allotted at Nashville, Commission’s Report and Order, MM PART 73Ð[AMENDED] Georgia in compliance with the Docket No. 93–270 adopted June 25, 1. The authority citation for Part 73 Commission’s minimum distance 1997 and released July 11, 1997. The continues to read as follows: separation requirements at a site full text of this Commission decision is restricted to 6.3 kilometers (3.9 miles) Authority: Secs. 303, 48 Stat., as amended, available for inspection and copying 1082; 47 U.S.C. 154, as amended. northwest of the community at during normal business hours in coordinates North Latitude 31–15–18 Commission’s Reference Center (Room § 73.202 [Amended] and West Longitude 83–17–08. RCI’s 239), 1919 M Street, N.W., Washington, 2. Section 73.202(b), the Table of FM petition was denied and DBC’s petition DC 20554. The complete text of this Allotments, under Georgia, is amended and its later-filed counterproposal (RM– decision may also be purchased from by removing Channel 237C3 at 8430) were dismissed because the the Commission’s copy contractor, Nashville and adding Channel 237C2. license for Station WAZE(FM) was canceled, creating a vacant allotment at International Transcription Services, Federal Communications Commission. Dawson, Georgia. Accordingly, a filing 2100 M Street, N.W., Suite 140, John A. Karousos, window is being opened for Dawson. A Washington, DC 20037, (202) 857–3800. Chief, Allocations Branch, Policy and Rules counterproposal jointly filed by Tri- List of Subjects in 47 CFR Part 73 Division, Mass Media Bureau. County Broadcasting, Inc., licensee of [FR Doc. 97–18823 Filed 7–16–97; 8:45 am] Station WQSY(FM), Hawkinsville, Radio broadcasting. BILLING CODE 6712±01±P 38220

Proposed Rules Federal Register Vol. 62, No. 137

Thursday, July 17, 1997

This section of the FEDERAL REGISTER consumer’s difficulty in attempting to health-conscious and interested contains notices to the public of the proposed ascertain the origin of a natural sausage consumers, ‘‘whether such consumers issuance of rules and regulations. The casing. are religious or non-religious.’’ purpose of these notices is to give interested The consumer had gone to a local Based on its review of these petitions, persons an opportunity to participate in the supermarket’s butcher shop to purchase FSIS concluded that there was merit to rule making prior to the adoption of the final rules. chicken and other non-pork sausages the argument that consumers of ‘‘in packages the butcher shop makes in- sausages made with natural casings house.’’ Before purchasing any sausages, expect the casings to be derived from DEPARTMENT OF AGRICULTURE however, the consumer asked the the same species as a species indicated butcher whether there was ‘‘even a on the product label. For example, Food Safety and Inspection Service minuscule bit of pork anywhere in the consumers expect that the natural sausage.’’ The consumer was dismayed casing of a sausage labeled ‘‘beef 9 CFR Parts 317 and 381 to learn that the casing surrounding a sausage’’ to be derived from cattle. [Docket No. 94±030P] non-pork sausage could, in fact, be a Similarly, FSIS believes that consumers pork casing and that no law or of poultry sausage, e.g., chicken franks, RIN 0583±AB98 regulation required the origin of the expect the sausage to be made from casing to be on the sausage’s label. In poultry and do not expect the casing to Labeling of Natural or Regenerated her letter to the Attorney General, the be derived from a red meat source. Collagen Sausage Casings consumer observed that the failure of However, sausages are not always AGENCY: Food Safety and Inspection sausage manufacturers to label the encased in a casing derived from the Service, USDA. origin of natural sausage casings had same type of livestock or poultry as the ACTION: Proposed rule. resulted in the unintended consumption meat block. They may be encased in of pork products by persons who, for natural casings that derive from a SUMMARY: The Food Safety and religious reasons, did not want to different type of livestock or poultry Inspection Service (FSIS) is proposing consume them. On behalf of this from that of the sausages. For example, to require the source labeling of natural consumer, the Attorney General of the a combination beef-and-lamb sausage sausage casings if they are derived from State of Connecticut petitioned FSIS to may be made with a pork casing. a different type of livestock or poultry require the identification of the origin of Currently, in such a case, the than the meat or poultry in the enclosed natural sausage casings. The Attorney manufacturer of the beef-and-lamb sausage. FSIS is also proposing to General stated that he believes strongly sausage is not required to disclose that require source labeling for regenerated that it is essential for a consumer to be the natural casing is not derived from collagen casings. provided with meaningful labeling the same type of livestock species as the DATES: Comments must be received on information as to the nature and content sausage itself. (Poultry viscera are not or before September 15, 1997. of a sausage’s casing, whether based currently used to encase sausages due to upon dietary, religious or other factors. their small size.) ADDRESSES: Submit an original and two On August 25, 1995, the Religious FSIS has a broad array of food safety copies of comments to: FSIS Docket Action Center of Reform Judaism and other consumer protection Clerk, DOCKET #94–030P, Room 102, submitted a similar petition to FSIS responsibilities. In particular, FSIS has Cotton Annex, 300 C Street, SW, requesting that the nature of sausage authority to regulate the processing and Washington, DC 20250–3700. Reference casings (natural or regenerated) be distribution of meat and poultry materials cited in this docket will be identified on the label, as well as the products to prevent the sale of available for public inspection in the species origin of the casings. The misbranded products in interstate FSIS Docket Room from 8:30 a.m. to petitioner stated that religious concerns commerce (see 21 U.S.C. 601 et seq. and 4:30 p.m., Monday through Friday. motivated the request for a more 21 U.S.C. 451 et seq.). Under the Federal FOR FURTHER INFORMATION CONTACT: Mr. specific ingredient declaration. Meat Inspection Act (FMIA), the Poultry William Hudnall, Assistant Deputy Referencing the issue raised by the Products Inspection Act (PPIA), and the Administrator, Standards & Methods Connecticut consumer, this petitioner federal meat and poultry products Review, Office of Policy, Program stated that current federally-approved inspection regulations, a meat or poultry Development and Evaluation; (202) labels ‘‘would not warn a religious Jew product is ‘‘misbranded’’ if its labeling 205–0495. or Muslim that a sausage with chicken is false or misleading in any way. SUPPLEMENTARY INFORMATION: or veal contents is cased with pig Having concluded that consumers collagen.’’ This petitioner argued that could incorrectly assume that sausages Background ‘‘Federally-approved labels must warn made with natural casings or On July 18, 1994, FSIS was petitioned consumers of the species of origin of regenerated collagen casings are derived by the Office of the Attorney General of collagen casing—the labels are the only from the same species as a species the State of Connecticut to adopt a means of preventing consumers from indicated on the product label, the regulation to require the identification unknowingly consuming prohibited Agency informed the public of its of the origin of natural sausage casings food products and removing uncertainty labeling policies regarding those types on sausage offered for sale in commerce. regarding the origin of food products.’’ of sausage casings. On July 31, 1996, The Attorney General was responding to The petitioner went on to say that FSIS published a ‘‘Notice of Policy a letter he had received from a federally-approved labels should impart Statement’’ in the Federal Register Connecticut consumer describing the as much information as possible to explaining FSIS’s policy on the labeling Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38221 of meat or poultry sausages made with casings are usually considered edible, whether imposing such a requirement natural casings (61 FR 39853; July 31, and are eaten with the sausage they would benefit consumers. FSIS is also 1996). That notice clarified FSIS’s encase, except for the thicker, larger interested in learning if a scientific test position that a sausage encased in a casings, which, while edible, are not that can ascertain the source of a natural casing not obtained from the eaten because of their toughness. regenerated collagen casing has been or same type of livestock or poultry as the is being developed. Regenerated Collagen Sausage Casings meat inside is misbranded under the The Proposal FMIA or the PPIA unless the product is Sausage casings can also be properly labeled to show the origin of manufactured from collagen. FSIS is proposing to amend the the natural casing. If the casing is not Manufactured collagen casings are made Federal meat and poultry products obtained from the same type of livestock from collagen extracted from cattle inspection regulations to require that or poultry as the meat inside and the hides or hog skins. A process called labels of sausages encased in natural product is not properly labeled, it is regeneration extracts the collagen from casings or regenerated collagen casings misbranded. the hide. After being extracted, the identify the type of livestock or poultry On October 9, 1996, the North collagen is dissolved and pushed out from which the casings were derived, American Natural Casing Association into a tube and hardened. It is then such as beef, swine or sheep, if the filed a lawsuit against the U.S. washed, swelled with acid, and formed. casings are derived from a different type Department of Agriculture alleging in The final shape is fixed in an alkali of livestock or poultry than any meat or pertinent part that FSIS’s July 31, 1996, bath. poultry ingredient of the sausage. The policy notice violated the rulemaking FSIS has tentatively decided to manufacturer may place the identity of procedures set forth in § 553 of the propose to require source labeling of the sausage casing on the principal Administrative Procedure Act (APA) (5 regenerated collagen casings because display panel or in the ingredient U.S.C. 553(e)). In response to this consumers may be confused about the statement. Establishments that produce, lawsuit, FSIS has reassessed the need nature of sausages encased in such manufacture or use natural or for notice and comment rulemaking to casings without that information. All regenerated sausage casings would also clarify requirements for casings in the establishments involved in the be required to maintain records context of misbranding and, therefore, is manufacture and use of regenerated identifying the source of the casings. proposing to codify the labeling collagen casings, from the facility requirements for natural and extracting collagen from the hides to the Executive Order 12988 regenerated collagen casings. FSIS is facility receiving the regenerated This proposed rule has been reviewed also proposing to require that collagen casings, plus any other under Executive Order 12988, Civil establishments that manufacture natural establishments that might be included Justice Reform. If this proposed rule is or regenerated collagen casings, and in the process, would be responsible for adopted: (1) all state and local laws and establishments that manufacture knowing the source of the hides from regulations that are inconsistent with sausages encased in casings derived which the ‘‘native’’ collagen is removed. this rule will be preempted; (2) no from a different type of livestock or All establishments would be required to retroactive effect will be given to this poultry than the encased meat(s), keep keep records indicating the livestock or rule; and (3) administrative proceedings records identifying the source of the poultry source of the regenerated will not be required before parties may casings. Pending completion of this collagen. file suit in court challenging this rule. rulemaking, FSIS is suspending However, the data currently available Executive Order 12866 and Regulatory enforcement of the July 1996 policy to the Agency indicates that regenerated Flexibility Act statement. collagen casings do not retain any of their original animal character. It is This proposal has been reviewed Natural Sausage Casings conceivable, therefore, that sausage under Executive Order 12866. The rule Natural animal casings have been manufacturers would not be able to has been determined to be not traditional containers for sausage determine the source of the regenerated significant and, therefore, has not been materials for centuries. Swine, sheep, collagen if the facility removing the reviewed by the Office of Management and cattle are the primary sources for ‘‘native’’ collagen does not itself keep a and Budget. natural casings. Hog casings come from record of the source of the hides. This, In accordance with 5 U.S.C. 603, FSIS the stomach, the small and large in turn, would make it difficult for an has performed an Initial Regulatory intestines, and the rectum (bung). Cattle FSIS inspector to verify the source of a Flexibility Act, which is set out below, casings come from the esophagus regenerated collagen casing to regarding the impact of the rule on (weasand), the small and large determine if the encased sausage is small entities. However, FSIS does not intestines, the bung, and the bladder. mislabeled. FSIS believes, however, that currently have all the data necessary for Sheep casings come only from the all establishments, especially collagen a comprehensive analysis of the effects intestines. FSIS does not know of any extractors, keep records of this nature as of this rule on small entities. Therefore, natural casings derived from poultry a matter of course. Therefore, the FSIS is inviting comments concerning sources. Agency believes that this requirement potential effects. In particular, FSIS is The manufacture of natural casings will not impose a significant or undue interested in determining the number, consists typically of washing, scraping, burden on the industry. kind and characteristics of small firms and treating the casings with chemicals In light of the technical limits and that may incur benefits or costs from to remove solubles and grading them for practical difficulties that may exist in implementation of this proposed rule. size and condition. The natural casings determining the source of regenerated This proposed rule would require are then salted, packaged, and shipped collagen casings, FSIS is seeking manufacturers of sausages encased in in brine to the point of use. They can comments concerning the feasibility of natural or regenerated collagen casings easily be detected on the product they requiring establishments extracting to label the source of those casings if the encase and are useful because they collagen from hides and sausage casings are derived from a different type allow smoke and moisture to permeate manufacturers to identify the source of of livestock or poultry than the encased the sausage during processing. Natural their regenerated collagen casings and sausage meat(s). However, FSIS believes 38222 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules the associated labeling costs would be manufacturing sausages encased in casings were derived, if the casings are low. Manufacturers would be able to these types of casings. from a different type of livestock or defer the development of new labels for Estimated number of Respondents: 40 poultry than the encased meat(s). The sausage products in natural and meat and poultry establishments. identity of the casing, if required, may regenerated collagen casings until their Estimated number of Responses per be placed on the principal display panel existing stocks of labels are exhausted. Respondent: 10,000. or in the ingredient statement. Moreover, the new labels could be Estimated Total Annual Burden on Establishments producing, generically approved; manufacturers Respondents: 2,500 hours. manufacturing or using natural or would not have to prepare and submit Comments are invited on: (a) whether regenerated collagen sausage casings FSIS Form 7234–1, ‘‘Application for the proposed collection of information shall maintain records documenting the Labels, Marking, or Device,’’ or the new is necessary for the proper performance livestock or poultry source in label. Identification of the source of of the functions of the Agency, accordance with § 320.3. natural sausage casings or regenerated including whether the information will collagen casings could also be a selling have practical utility; (b) the accuracy of PART 381ÐPOULTRY PRODUCTS point for some manufacturers. the Agency’s estimate of the burden of INSPECTION REGULATIONS This regulation would be beneficial to the proposed collection of information including the validity of the 3. The authority citation for part 381 consumers because it would reduce would continue to read as follows: confusion about the source of the methodology and assumptions used; (c) casings surrounding those sausages and ways to enhance the quality, utility, and Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451–470; 7 CFR 2.18, 2.53. give them additional information with clarity of the information to be which to make informed choices about collected; and (d) ways to minimize the 4. Section 381.117 would be amended the sausages they purchase. Natural burden of collection of information on by adding paragraph (f) to read as casings constitute between 15 and 20 those who are to respond, including follows: percent of the sausage casing market; through use of appropriate automated, electronic, mechanical, or other § 381.117 Name of product and other regenerated collagen casings constitute labeling. approximately 40 percent of that same technological collection techniques or market. other forms of information technology. * * * * * Comments may be sent to Lee Puricelli, (f) The labels of sausages encased in Paperwork Requirements Paperwork Specialist, see address natural casings made from livestock or Abstract: Under this proposed rule, above, and Desk Officer for Agriculture, poultry viscera or regenerated collagen sausage manufacturers would need to Office of Information and Regulatory casings shall identify the type of label the source of natural sausage Affairs, Office of Management and livestock or poultry from which the casings or regenerated collagen casings Budget, Washington, DC 20253. casings were derived, if the casings are from a different type of livestock or if they are derived from a different type List of Subjects of livestock or poultry than the meat(s) poultry than the encased meat(s). The in the enclosed sausage. These 9 CFR Part 317 identity of the casing, if required, may establishments would have to develop Food labeling, Food packaging, Meat be placed on the principal display panel product labels in accordance with the inspection. or in the ingredient statement. proposed rule. FSIS would consider Establishments producing, 9 CFR Part 381 these labels to be generically approved manufacturing or using natural or in accordance with 9 CFR 317.5 and Food labeling, Poultry and poultry regenerated collagen sausage casings 381.133. Any burden associated with products. shall maintain records documenting the labeling changes would be approved For the reasons discussed in the livestock or poultry source in under OMB number 0583–0092. preamble, FSIS is proposing to amend 9 accordance with § 381.177. Establishments that produce, CFR parts 317 and 381 of the Federal Done at Washington, DC, on July 9, 1997. manufacture or use natural or meat and poultry products inspection Thomas J. Billy, regenerated sausage casings, or sausages regulations as follows: Administrator. encased in either of those types of [FR Doc. 97–18841 Filed 7–16–97; 8:45 am] PART 317ÐLABELING, MARKING casings would also be required to BILLING CODE 3410±DM±P maintain records identifying the source DEVICES, AND CONTAINERS of the casings. FSIS believes, however, 1. The authority citation for part 317 that all of these establishments keep would continue to read as follows: DEPARTMENT OF ENERGY records of this nature as a matter of Authority: 21 U.S.C. 601–695; 7 CFR 2.18, course. 2.53. Office of Energy Efficiency and Estimate of Burden: Establishments Renewable Energy producing, manufacturing or using 2. Section 317.8 would be amended natural or regenerated collagen casings, by adding a new paragraph (b)(37) to 10 CFR Part 430 read as follows: and establishments producing sausages [Docket No. EE±RM±97±500] encased in natural or regenerated § 317.8 False or misleading labeling or RIN 1904±AA75 sausage casings. FSIS estimates that the practices generally; specific prohibitions time associated with collecting the and requirements for labels and containers. Energy Conservation Program for required information would be 15 * * * * * Consumer Products: Energy minutes. FSIS estimates that this (b) * * * Conservation Standards for recordkeeping would occur once a day. (37) The labels of sausages encased in Fluorescent Lamp Ballasts Respondents: Meat and poultry natural casings made from livestock or establishments manufacturing natural or poultry viscera or regenerated collagen AGENCY: Office of Energy Efficiency and regenerated collagen sausage casings, casings shall identify the type of Renewable Energy, Department of and meat and poultry establishments livestock or poultry from which the Energy (DOE). Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38223

ACTION: Notice of Availability. enhanced procedures for the Issued in Washington, DC, on July 1, 1997. development and revision of appliance Joseph J. Romm, SUMMARY: The Department of Energy efficiency standards, including the Acting Assistant Secretary, Energy Efficiency (the Department or DOE) today gives fluorescent lamp ballast standards. See and Renewable Energy. notice that copies of the ‘‘Draft Report 61 FR 36973 (July 15, 1996). One of the [FR Doc. 97–18838 Filed 7–16–97; 8:45 am] on Potential Impact of Possible Energy themes of these process improvements BILLING CODE 6450±01±P Efficiency Levels for Fluorescent Lamp is the Department’s commitment to Ballasts’’ are available for review and share analyses with the public and comment. provide meaningful opportunity for FARM CREDIT ADMINISTRATION DATES: Written comments in response to public comment. this notice must be received by As part of our effort to review 12 CFR Parts 611, 614, 620, and 630 September 2, 1997. fluorescent lamp ballast standards, the RIN 3052±AB67 ADDRESSES: Copies of the report entitled Department is making the following ‘‘Draft Report on Potential Impact of document available: ‘‘Draft Report on Organization; Loan Policies and Possible Energy Efficiency Levels for Potential Impact of Possible Energy Operations; Disclosure to Fluorescent Lamp Ballasts’’ may be Efficiency Levels for Fluorescent Lamp Shareholders; Disclosure to Investors obtained from Sandy Beall at: U.S. Ballasts.’’ The report identifies product in Systemwide and Consolidated Bank Department of Energy, Office of Energy categories and includes life-cycle cost Debt Obligations of the Farm Credit Efficiency and Renewable Energy, EE– analyses, engineering analyses, and System; Other Financing Institutions 43, 1000 Independence Avenue, SW, national benefits of the options being Washington, DC 20585–0121, (202) 586– considered as potential standard levels AGENCY: Farm Credit Administration. 7574. This document may be read at the for ballasts. The report is a revision of ACTION: Proposed rule. DOE Freedom of Information Reading the February 1996 report. Revisions SUMMARY: The Farm Credit Room, U.S. Department of Energy, Room were based on comments received Administration (FCA or Agency), 1E–190, 1000 Independence Avenue, during the June 1996 workshop and the through the FCA Board (Board), issues SW, Washington, DC 20585, (202) 586– March 1997 workshop, stakeholder a proposed rule to amend its regulations 3142, between the hours of 9:00 a.m. interviews, and a 1996 ballast price in subpart P of part 614 that govern the and 4:00 p.m., Monday through Friday, survey. funding and discount relationship except Federal holidays. The report provides energy saving between Farm Credit System (Farm Written comments are welcomed. impacts for the various efficiency levels Credit, FCS, or System) banks that Please submit 10 copies to: U.S. analyzed. The energy savings calculated operate under title I of the Farm Credit Department of Energy, Office of Energy for the period 2000–2030 range from 1.5 Act of 1971, as amended (Act), and non- Efficiency and Renewable Energy, quadrillion Btus (Quads) to 5.3 Quads System other financing institutions ‘‘Ballast Docket No. EE-RM–97-500,’’ depending on the efficiency level and (OFIs). The proposed regulation would EE–43, Room 1J–018, 1000 the base case assumptions. The substantially expand the opportunities Independence Avenue, SW, Department invites the submission of for OFIs, such as commercial banks, Washington, DC 20585–0121. written comments on the report. trust companies, agricultural credit Pursuant to the provisions of Title 10 Through its interactions with corporations, incorporated livestock CFR 1004.11, any person submitting interested parties, the Department has loan companies, savings associations, information which he or she believes to gathered information on the entire credit unions, or other financial be confidential and exempt by law from ballast market. After examining this institutions identified in section public disclosure should submit one information, the Department believes 1.7(b)(1)(B) of the Act, to fund or complete copy of the document and ten that it is important to distinguish discount loans and leases through a (10) copies, if possible, from which the between the characteristics of the T8 Farm Credit Bank (FCB) or an information believed to be confidential and T12 ballast markets. Specifically, agricultural credit bank (ACB). FCBs has been deleted. The Department of the Department requests comments on and ACBs can offer financing to OFIs for Energy will make its own determination the following questions relating to the the purpose of funding short- and with regard to the confidential status of future market of fluorescent lamp intermediate-term loans and leases to the information and treat it according to ballasts: parties who are eligible to borrow from its determination. 1. For the T8 and T12 ballast markets, FCS associations under section 2.4(a) of FOR FURTHER INFORMATION CONTACT: what percent of each of these markets the Act. The FCA’s proposal would Mr. Anthony T. Balducci, U.S. will be electronic and magnetic in 10 eliminate several non-statutory limits on Department of Energy, Office of years? In 15 years? OFI eligibility. It would also require an Energy Efficiency and Renewable 2. How is the magnetic T12 ballast FCB or ACB to provide funding and Energy, Mail Station EE–43, 1000 market changing? Is it growing, discount services to any creditworthy Independence Avenue, SW, shrinking, or remaining stable? How OFI that is significantly involved in Washington, DC 20585–0121, Phone: large (percent of total) will this market agricultural lending and demonstrates a (202) 586–8459, Fax: (202) 586–4617, be in 10 years? In 15 years? continuing need for supplementary E-mail: [email protected] 3. Is the T12 market changing from sources of funds to meet the credit Ms. Sandy Beall, U.S. Department of T12 magnetic ballasts to T12 electronic needs of agricultural borrowers. The Energy, Office of Energy Efficiency ballasts? If it is, at what rate? What will proposed rule would expand the and Renewable Energy, Mail Station the rate be in 10 years? In 15 years? opportunity for an OFI to seek funding, EE–43, 1000 Independence Avenue, 4. Is the T12 market changing from discount and other similar financial SW, Washington, DC 20585–0121, T12 magnetic ballasts to T8 electronic assistance from an FCB or ACB other Phone: (202) 586–7574, Fax: (202) ballasts? If it is, at what rate? What will than the System bank that is chartered 586–4617. the rate be in 10 years? In 15 years? to serve its territory under certain SUPPLEMENTARY INFORMATION: The Please substantiate your answers with circumstances. The proposed rule also Department of Energy is implementing data when available. implements statutory provisions that 38224 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules require OFIs to: Invest in the System 37230 (July 17, 1996). The FCA received credit markets since the existing OFI funding bank; use the funds obtained 34 comment letters. Of this total, 18 regulations were adopted in 1981. The from FCS banks only to provide short- comments were from commercial banks, regulations in subpart P of part 614 have and intermediate-term financing to 4 from FCS banks, 7 from System been restructured substantially to eligible borrowers for authorized associations, 4 from trade associations, conform with the Policy Statement on purposes; adhere to borrower rights on and 1 from a non-depository OFI. Four Regulatory Philosophy of the FCA agricultural and aquatic loans; ensure trade associations submitted comments Board. See 60 FR 26034 (May 16, 1995). that the FCA has access to the books and on behalf of their members: American The proposed regulations interpret and records of the OFI; and limit their Bankers Association (ABA); the implement the applicable provisions of aggregate liabilities to no more than 10 Independent Bankers Association of the statute, and they promote a safe and times their paid-in and unimpaired America (IBAA); the National Livestock sound lending relationship between capital and surplus. Under this Producers Association (NLPA); and the System funding banks and their OFIs. proposal, FCBs and ACBs would be Nebraska Bankers Association. The FCA proposes to repeal those required to lend to OFIs only on a fully The comment letters reflected a broad regulatory provisions that prescribe secured basis and to have full recourse diversity of viewpoints about OFI access detailed management practices to FCS to the OFI’s capital as protection against to funding and discount services at banks or impose unnecessary costs and default. The FCA has restructured the FCBs and ACBs. Neither System nor burdens on both System institutions and regulations in subpart P of part 614 so non-System commenters offered OFIs. The FCA believes that these they are more concise and easier to uniform positions in response to proposed regulations are more concise understand. ANPRM questions. The FCA addresses and easier to understand. the commenters’ concerns about specific DATES: Written comments should be substantive issues in those sections of I. OFI Access to Farm Credit Banks and received on or before September 15, this preamble that explain various Agricultural Credit Banks 1997. provisions of the proposed rule. A. Commenter Concerns ADDRESSES: Comments may be mailed The ABA and IBAA have sought or delivered to Patricia W. DiMuzio, legislation that would provide non- The FCA asked several questions Director, Regulation Development System financial institutions greater about which OFIs should be allowed to Division, Office of Policy Development access to funding, discount and other establish a funding and discount and Risk Control, Farm Credit similar financial assistance at System relationship with FCBs and ACBs. The Administration, 1501 Farm Credit Drive, banks, and most commercial bank Agency requested guidance on criteria McLean, Virginia 22102–5090 or sent by commenters asked the FCA to endorse that determine whether an OFI: (1) Is facsimile transmission to (703) 734– this proposal. Some commercial bank ‘‘significantly involved in lending for 5784. Comments may also be submitted commenters requested that the FCA agricultural or aquatic purposes’’; (2) via electronic mail to ‘‘reg- propose new regulations that advance ‘‘demonstrates a continuing need for [email protected].’’ Copies of all the joint legislative initiative of the ABA supplementary sources of funds to meet communications received will be and IBAA. Some FCS associations the credit requirements of its available for review by interested parties opined that new OFI regulations could agricultural or aquatic borrowers’’; and in the Office of Policy Development and expose them to competitive (3) has ‘‘limited access to national or Risk Control, Farm Credit disadvantages and they asked the FCA regional capital markets.’’ Additionally, Administration. not to proceed with this rulemaking the ANPRM solicited comments about FOR FURTHER INFORMATION CONTACT: until Congress expands the System’s how OFI access to the FCS will be Eric Howard, Policy Analyst, Regulation lending authorities. The bank for affected by changes to corporate Development Division, Office of cooperatives asked the FCA to request organization and structure and the Policy Development and Risk Control, new legislation so title III banks could advent of interstate banking and also extend credit to OFIs. Farm Credit Administration, McLean, branching. VA 22102–5090, (703) 883–4498, Other commenters also requested that the FCA propose new regulations that Eleven parties responded to one or or would exceed current statutory more of these ANPRM questions. Three Richard A. Katz, Senior Attorney, authorities. For example, many System institutions opined that the Regulatory Enforcement Division, commenters requested that the FCA: (1) policies of each title I bank, not FCA Office of General Counsel, Farm Authorize OFIs to fund or discount their regulations, should prescribe specific Credit Administration, McLean, VA long-term mortgages with FCBs and eligibility criteria for OFIs, while one 22102–5090, (703) 883–4020, TDD ACBs; (2) allow OFIs to elect members FCS association suggested that the new (703) 883–4444. to the boards of their System funding regulation should only require OFI SUPPLEMENTARY INFORMATION: On May banks; (3) exempt non-System lenders applicants to demonstrate an ongoing 17, 1996, the FCA published for public from borrower rights requirements; and ‘‘material and significant’’ commitment comment an Advance Notice of (4) model the new regulations after to agriculture. The NLPA recommended Proposed Rulemaking (ANPRM) provisions in the Federal Home Loan that only OFIs that lend exclusively to concerning potential revisions to the Bank Act, 12 U.S.C. 1421 et seq. The agriculture should be allowed to borrow regulations in subpart P of part 614 that current statute prevents the FCA from from the FCBs and ACBs. The ABA, govern the funding and discount adopting these suggestions. IBAA, and the ACB suggested that new relationship between System banks that The proposed regulations grant title I regulations should permit OFIs access to operate under title I of the Act and non- banks and OFIs greater flexibility to System funding and discount services if System OFIs. See 61 FR 24907 (May 17, finance agriculture, aquaculture and at least 10 percent of their loans are to 1996). The comment period expired on other specified rural development needs agricultural or aquatic borrowers. The July 16, 1996, but the FCA extended the within the confines of the existing ABA and the ACB also recommended comment period until August 30, 1996, statute. The FCA has decided to revise additional standards, such as a in order to allow interested parties these regulations because of significant minimum absolute dollar threshold or additional time to respond. See 61 FR changes in the financial and agricultural income level, to measure whether an Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38225

OFI is significantly involved in impose restrictions that are not required extend credit to persons and for agricultural lending. by the Act. Both section 1.7(b)(1) of the purposes that cannot be financed by a The FCA also received comments Act and its legislative history indicate PCA under title II of the Act. Proposed from the ABA, IBAA, NLPA, and four that Congress intended that Farm Credit § 614.4540(b)(1) specifies that an OFI is FCS institutions about OFI needs for banks act as a funding and liquidity significantly involved in agricultural or other sources of funding to meet the source primarily for small, local OFIs, aquatic lending if it has at least 15 credit requirements of agricultural and but it did not exclude other agricultural percent of its loan portfolio at a seasonal aquatic borrowers. The NLPA and the creditors from funding or discounting peak in credit extensions to farmers, IBAA commented that proposed loans with title I banks. ranchers, and aquatic producers and regulations should grant their respective The FCA proposes a two-tier harvesters. Although these OFIs are constituencies (non-depository financial approach so that any financial assured access under proposed institutions and local community banks) institution that has one of the charters § 614.4540(b), the regulation specifically preferential access to FCS funding and specified in section 1.7(b)(1)(B) of the permits FCBs and ACBs to decline any discount services because they lack Act may establish a funding and funding request that imperils their many of the funding sources that are discount relationship with a title I bank, safety and soundness. available to other agricultural lenders. while those OFIs that have at least 15 Under this proposal, FCBs and ACBs Two commercial bank trade percent of their loans to agricultural will not include the loan assets of the associations, an FCB, and a pair of producers and enter into a 2-year OFI’s parent, affiliates, and subsidiaries jointly managed System associations funding agreement with an FCB or ACB when determining whether the OFI advised the FCA to repeal the 60- are assured access to the FCS on a applicant meets the 15-percent criterion. percent loan-to-deposit ratio in preferred basis. From the FCA’s By focusing solely on the applicant, this § 614.4550(a)(3) because it: (1) Imposes perspective, proposed § 614.4540 more approach affords more financial unnecessary regulatory burdens on both closely reflects the statute. institutions access to the FCS, and OFIs and their System funding bank; (2) Proposed § 614.4540(a) permits those therefore, increases the flow of credit to is an asset-liability management OFIs that are not assured access to farmers, ranchers, aquatic producers measure that is unrelated to the borrow from a title I bank so long as the and harvesters and other eligible rural agricultural lending activities of OFIs; proceeds are used only to make short- residents. Furthermore, the requirement and (3) does not accurately reflect an and intermediate-term loans to persons in existing § 614.4545(c) that a title I OFI’s need for supplemental funds. Two and for purposes eligible for financing bank decide whether an OFI applicant FCBs informed the FCA that the by a production credit association (PCA) should be considered by itself or definitions of ‘‘national’’ and ‘‘regional’’ or agricultural credit association (ACA) together with its related entities is not money markets in § 614.4540(f) and (g) under sections 1.10(b) and 2.4 (a) and susceptible to consistent and uniform should be repealed because they are (b) of the Act. By allowing more application by the FCS. Additionally, obsolete. The IBAA and an FCB financial institutions to fund or existing § 614.4545(c) does not facilitate commented that the advent of interstate discount their loans with FCBs and prompt consideration of OFI funding banking and branching has no bearing ACBs, proposed § 614.4540(a) requests, and the FCA proposes to on whether non-System lenders need ultimately will provide farmers, repeal it in order to reduce unnecessary supplemental sources of funds to meet ranchers, aquatic producers and regulatory burdens on System funding the credit requirements of farmers, harvesters, and other eligible rural banks. ranchers, and aquatic producers and residents greater access to credit. The FCA’s approach substantially harvesters. The proposed rule repeals a provision expands OFI access to the FCS. In These responses indicate that many in existing § 614.4550(a)(1) that contrast to the existing regulation, System and non-System commenters prohibits title I banks from lending to proposed § 614.4540 allows OFIs that believe that the existing regulations entities that ‘‘* * * finance the sale of have less than 15 percent of their loans unduly restrict the ability of non-System products by its affiliates * * *’’ because in agriculture to borrow from FCBs and financial institutions to fund and this restriction is not required by the ACBs. In addition, creditworthy OFIs discount their agricultural or aquatic Act. Two commercial bank trade are assured access to the FCS if at least loans at FCBs and ACBs. Although associations and three System 15 percent of their loans are made to differences of opinion exist about institutions have persuaded the FCA to farmers, ranchers, and aquatic various details concerning OFI access to repeal the loan-to-deposit ratio in producers and harvesters. The FCA the FCS, a consensus exists among these existing § 614.4550(a)(3) because it is believes that this 15-percent threshold commenters that a new regulatory not a reliable indicator of an OFI’s reasonably reflects an OFI’s approach is needed so that title I banks commitment to agriculture, or its need commitment to agricultural lending, and can better fulfill their mission to finance for supplementary funds. therefore, it does not adopt any of the agriculture, aquaculture, and other Proposed § 614.4540(b) implements alternatives suggested by the specified rural credit needs. The FCA section 1.7(b)(4) of the Act, which commenters. shares this view and proposes new assures that the funding, discount and The NLPA suggested that only OFIs regulations that are more closely aligned other similar financial assistance of that exclusively finance agricultural with the provisions of section 1.7(b) of FCBs and ACBs shall be available on a production should qualify for the the Act. reasonable basis to any creditworthy funding or discount services of System OFI that: (1) Is significantly involved in banks. This suggestion is more B. New Regulatory Approach for OFI lending for agricultural or aquatic restrictive than the existing regulation, Access purposes; (2) demonstrates a continuing and is incompatible with the mission of Under existing §§ 614.4545 and need for supplementary sources of title I banks to provide affordable, 614.4550, only OFIs that satisfy certain funds to meet the credit requirements of dependable, and stable credit to eligible criteria are permitted to establish its agricultural or aquatic borrowers; (3) farmers, ranchers, aquatic producers funding or discount relationships with a has limited access to national or and harvesters, and other eligible rural title I bank. The FCA proposes to repeal regional capital markets; and (4) does residents through both OFIs and FCS these two regulations because they not use the services of System banks to associations. Financial institutions that 38226 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules have non-agricultural loans in their observes that virtually all financial Five System institutions, two portfolios may still be ‘‘significantly institutions have greater access to commercial banks, and four trade involved in lending for agricultural or regional, national, and even global associations responded to ANPRM aquatic purposes,’’ within the meaning money markets today than 16 years ago questions regarding the place of of section 1.7(b)(4)(B)(i) of the Act, and when the existing regulations were discount. One System association the legislative history to this provision adopted. The FCA’s new regulatory opposed any revision to § 614.4660. A indicates that Congress specifically approach enables System banks that PCA advised the FCA not to allow an contemplated that FCA regulations operate under title I of the Act to FCB or ACB to lend to OFIs located would establish a threshold well below finance all eligible OFIs, while it does outside of the bank’s chartered territory 100 percent. not disadvantage small, local OFIs or unless FCS associations could also seek The FCA has adopted an approach FCS associations. New provisions are financing from other FCS banks. All that provides OFIs with greater access to proposed that give additional other commenters opined that OFIs FCBs and ACBs than the assurances to small, local OFIs that should have greater flexibility to fund or recommendation of the ABA, IBAA, and significantly and continually lend to discount loans with FCBs and ACBs that the ACB. As noted earlier, the proposed agriculture. The FCA believes that this are not chartered to serve the territory regulation allows any OFI to fund or approach enhances the flow of where such OFIs are located. Three discount their short-and intermediate- competitive credit to farmers, ranchers, commercial bank trade associations, two term agricultural, aquatic, farm-related and aquatic producers and harvesters by commercial banks, and two System business, and non-farm rural home opening greater access to the credit institutions commented that the new loans with an FCB or ACB, while it markets in rural America—a regulations should not impose any assures any creditworthy OFI that fundamental public policy purpose of restriction on where OFIs can seek FCS maintains at least 15 percent of its loan the Farm Credit Act. funding and discount services. Six of volume in agricultural or aquatic loans these commenters advised the FCA that C. Denials of OFI Applications access to the FCS. At this time, the FCA existing § 614.4660 is a significant does not believe that this percentage The FCA requested comments about impediment to the success of the OFI should be lowered for OFIs that are whether the Agency should continue to program because it requires OFIs to seek assured System access under proposed review all denials of OFI applications. funding from FCBs and ACBs that are § 614.4540(b)(1). Two System commenters thought that owned by their competitors. One Some System commenters suggested FCA review unnecessarily interjects the System commenter opined that existing that the new regulation authorize Agency in the credit decisions of § 614.4660 cannot be reconciled with funding banks to establish rules of System banks, while two trade the primary mission of the FCS to access for OFI applicants. This approach associations believed that such reviews extend credit to farmers and ranchers. is not compatible with section ensure equitable treatment between One System bank suggested that the 1.7(b)(4)(A) of the Act, which requires OFIs and System associations and new regulation authorize FCBs and FCA regulations to establish specific prevent FCBs and ACBs from denying ACBs to extend financing to OFIs standards that govern OFI access to OFI applications for reasons that are located outside their chartered territory System banks. Furthermore, this unrelated to safety and soundness. only after the designated System bank approach is not susceptible to uniform Proposed § 614.4540(c) requires each has denied their applications. The application throughout the FCS. FCB and ACB to establish objective loan NLPA recommended that the FCA allow Proposed § 614.4540(b)(2) requires an underwriting policies and procedures OFIs to seek the funding and discount OFI applicant to demonstrate a for determining the creditworthiness of service of any FCB or ACB, but prohibit continuing need for supplementary each OFI applicant. The FCA’s proposal such System banks from soliciting OFIs sources of funds by establishing a prevents FCBs and ACBs from denying that are located outside of their financing relationship with an FCB or the application of any OFI that is chartered territory. ACB for at least 2 years. This approach assured access under proposed The FCA proposes to modify the is consistent with existing § 614.4540(b) unless the OFI fails to regulatory requirements governing place § 614.4560(b)(5), and the FCA believes satisfy the funding bank’s loan of discount to provide OFI applicants that this 2-year commitment underwriting requirements. Proposed with greater flexibility to obtain System requirement deters OFIs from making § 614.4540(c) adequately safeguards the financing. Under proposed sporadic funding requests to FCBs and interests of OFIs because denials of § 614.4550(a), each FCB or ACB would ACBs. The FCA proposes to repeal the credit applications must be based on have the first opportunity to provide provision in existing § 614.4560(b)(5) objective loan underwriting standards. financing to OFIs headquartered within that imposes a specific non-use fee on The FCA will review denials of OFI its chartered territory. In order to OFIs that fail to maintain an average funding requests during examinations of simplify the rules concerning place of daily loan balance of 70 percent of their FCBs and ACBs. Therefore, the FCA discount, the FCA proposes to repeal a projected loan volume. The FCA proposes to repeal existing § 614.4555. provision in existing § 614.4660 that believes that System banks and OFIs requires an OFI to establish a funding II. Place of Discount should be free to negotiate such fees in and discount relationship with the title whatever manner that meets their The ANPRM sought guidance about I bank in whose territory more than 50 business needs. Under the proposed whether the FCA should revise percent of the OFI’s loan volume is regulation, each FCB and ACB will have restrictions in existing § 614.4660 concentrated if the OFI’s headquarters is the discretion to establish appropriate concerning the place of discount for located in the territory of another FCB interest rates and fees for all OFIs on an OFIs. A question in the ANPRM asked or ACB. equitable and objective basis. under what circumstances an FCB or A System bank could provide funding The proposed regulation does not ACB should be allowed to extend to an OFI whose headquarters is located establish specific criteria for financing to an OFI that does not outside its territory under two determining whether OFI applicants operate in its chartered territory if the conditions. First, the bank could obtain have limited access to national or designated System bank does not the consent of the System bank in regional money markets. The FCA approve the OFI’s application. whose territory the OFI’s headquarters Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38227 is located. It could also serve an OFI prepayment penalties, and other Proposed § 614.4570(b)(1) requires that has unsuccessfully sought financing conditions that may apply to OFIs. that each OFI pledge all notes, drafts, from the designated System bank. Thus, Proposed § 614.4560(b) implements and other obligations that are funded or proposed § 614.4550(b) authorizes any provisions in section 1.7(b)(1) and discounted with the FCB or ACB as FCB or ACB to extend credit to an OFI (b)(4)(B)(iv) of the Act that prohibit OFIs collateral for the credit extension, and if the OFI’s designated System bank from using the funds that they receive proposed § 614.4570(b)(2) obligates each denies the OFI’s application or from an FCB or ACB to extend credit to FCB or ACB to perfect its security otherwise fails to approve the OFI’s parties and for purposes and terms that interest in such obligations and the funding request within 60 days. The 60- are not authorized by sections 1.10(b) proceeds thereunder in accordance with day provision is intended to establish a and 2.4(a) and (b) of the Act. The FCA applicable State law. These provisions certain time by which an OFI is free to has relocated the portfolio limitations in would prohibit any FCB or ACB from seek funding from another System bank. existing § 614.4610 on non-farm rural extending credit to an OFI on an It begins upon the bank’s receipt of a home loans and certain processing and unsecured, or limited or non-recourse ‘‘completed application’’ as defined by marketing loans to proposed basis. Regulation B of the Board of Governors § 614.4560(c) without substantive The ANPRM asked under what of the Federal Reserve System, 12 CFR amendment. Proposed § 614.4560(d) circumstances, if any, the new 202.2(f). The FCA notes that Regulation implements section 4.14A(a)(6)(B) of the regulations should require OFIs to B requires System banks to notify OFIs Act by subjecting all agricultural and pledge cash and readily marketable of the denial of applications for aquatic loans that OFIs fund or discount securities or other assets as financing and to provide reasons for the through an FCB or ACB to statutory and supplemental collateral to their System adverse decision upon request. For this regulatory borrower rights requirements. funding bank. The FCA received reason, the FCA believes it is Proposed § 614.4560(e) implements comments on this issue from two trade unnecessary for this proposed section 5.21 of the Act, which enables associations and three System regulation to include requirements for the FCA to examine non-depository institutions. The NLPA advised the FCA notification and disclosure of the OFIs and obtain examination reports that supplemental collateral should be reasons for denial. This new regulatory from the State regulators of commercial pledged when 1 percent of the OFI’s loans under discount fall below approach responds to commenter banks, trust companies, and savings ‘‘Acceptable’’ and ‘‘Other Assets concerns that FCBs and ACBs might be associations. Under this regulatory Especially Mentioned’’ classifications. reluctant to fund OFIs that compete provision, OFIs are required to execute The three System commenters with the PCAs and ACAs that own the the applicable consent forms or releases expressed the view that the System bank. It also simultaneously prevents before they obtain financing from an funding bank should have the discretion unrestrained competition among title I FCB or ACB. Section 5.22 of the Act to determine whether supplemental banks for OFI lending. enables the FCA to receive examination collateral is needed to manage the risk reports directly from other Federal III. Requirements for OFI Funding posed by each OFI. The IBAA suggested regulatory agencies. Relationships that the FCA establish supplemental The FCA proposes to repeal existing collateral requirements for FCBs and Proposed § 614.4560 implements § 614.4650, which contains five criteria ACBs that are patterned after a several statutory provisions that govern for a System funding bank to revoke or provision in the Federal Home Loan the funding and discount relationship suspend an OFI’s line of credit. This Bank Act, 12 U.S.C. 1430, which allows between OFIs and their System funding regulation neither interprets nor each Federal Home Loan Bank, in its banks. The FCA has consolidated implements the Act, or promotes safety discretion, to take residential mortgages various provisions that are currently and soundness. The FCA, however, and securities that are issued, insured, found throughout the regulations in expects each title I bank to incorporate or guaranteed by the United States or subpart P of part 614, without criteria for revoking or suspending its any of its agencies as security for substantive change. Proposed funding relationship with an OFI into advances to its members. The System § 614.4560(a)(1) requires an OFI to its loan underwriting policies and commenters and the IBAA have execute a general financing agreement procedures. This issue should be persuaded the FCA that the new (GFA) with its System funding bank addressed in the GFA between an OFI regulations should leave questions pursuant to the regulations in subpart C and its System funding bank. about supplemental collateral to the of part 614 as a condition precedent for discretion of the System funding bank obtaining funding, discount and other IV. Recourse and Security Requirements as a part of its underwriting policies and similar financial assistance from an FCB standards. Accordingly, the FCA does or ACB. These new regulations afford OFIs not propose a specific supplemental Proposed § 614.4560(a)(2) requires greater and more flexible access to the collateral requirement by regulation. For each OFI to purchase non-voting stock FCS within the confines of safety and these reasons, the FCA proposes to in its System funding bank pursuant to soundness. The FCA’s proposal requires repeal §§ 614.4570 and 614.4600(b)(3), the bank’s bylaws. As discussed in FCBs and ACBs to have full recourse to which require OFIs to pledge certain greater detail below, proposed an OFI’s capital and to finance OFIs on liquid collateral to the System funding § 614.4590 requires each FCB and ACB a fully secured basis. Proposed bank as a condition for obtaining to establish appropriate interest rates, § 614.4570 addresses these two issues. financing. fees, and capitalization requirements The proposed § 614.4570(a) requires The IBAA suggested that the new that promote equitable treatment an OFI to endorse all obligations that it regulations authorize OFIs to pledge any between direct lender associations that funds or discounts through an FCB or rural or agricultural loans as collateral operate under title II of the Act and ACB with full recourse or its to the System funding bank. The OFIs. Similarly, the FCB’s or ACB’s unconditional guarantee. For safety and commenter did not specify whether this policies and procedures should also soundness reasons, the FCA believes suggestion pertains to pledges of address minimum loan amounts, terms, that FCBs and ACBs must have recourse primary or supplemental collateral. commitment fees, non-use fees, to the OFI’s capital. FCBs and ACBs cannot accept long-term 38228 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules

‘‘rural’’ loans as primary collateral loan portfolio. More specifically, the the FCA welcomes suggestions for other because section 1.7(b) of the Act FCA asked whether the current 50- approaches to manage and control risks requires OFIs to use funds from a title percent lending limit in existing originating through OFI lending I bank only for the purpose of extending § 614.4565 is appropriate or whether the relationships. short- and intermediate-term credit to Agency should consider alternative VII. Equitable Treatment of OFIs and eligible borrowers for authorized approaches. The FCA received FCS Associations purposes under section 2.4(a) and (b) of responses to these questions from three the Act. Other types of loans could be trade associations, a commercial bank, The FCA requested comments about used as supplemental collateral, but the an FCB, and a pair of jointly managed how the proposed regulations could funding bank must ensure that its funds FCS associations. The NLPA and the ensure that System funding banks are used only for loans to eligible FCB suggested that the FCA retain the accord impartial and equitable borrowers for authorized purposes. existing 50-percent lending limit, while treatment to both OFIs and FCS direct Proposed § 614.4570(c) would require the FCS associations advised the lender associations. Three trade each FCB and ACB to develop policies Agency to repeal the regulatory lending associations, three FCS banks, three and procedures that establish uniform limit so that OFIs and their respective System associations, two commercial and objective standards for determining FCS funding bank could determine the banks, and one non-depository OFI the need and amount of supplemental appropriate lending limit when they responded to the FCA’s questions. The collateral or other credit enhancements negotiate their GFAs. The three NLPA and one FCS commenter replied that each OFI must pledge to its System commercial bank commenters opined that existing § 614.4640 is adequate funding bank as a condition for that the OFI lending limits in existing because it ensures that System banks obtaining credit. The amount, type, and § 614.4565 are overly restrictive and treat OFIs and FCS direct lender quality of supplemental collateral or should be raised. These commenters associations equitably. One FCB urged other credit enhancements specified by claimed that the 50-percent lending the FCA to repeal § 614.4640 so that title such policies and procedures must be limit enables only OFIs with substantial I banks could negotiate interest rates proportional to the level of risk that the capital to make loans of a significant and servicing fees with prospective OFI poses to its System funding bank. size. OFIs. The ACB and the non-depository Provisions in the GFA or the security The FCA proposes that it will no OFI opined that System funding banks agreement would govern collateral longer impose a regulatory lending limit should accord essentially the same pledged by each OFI to its System on extensions of credit that OFIs make treatment to the their direct lender funding bank. to their borrowers with FCS funds. associations and OFIs, but disparity in Some OFIs will remain subject to the interest rates and fees could be justified V. Limitation on the Extension of lending limits that their primary by different levels of risk that such Funding, Discount and Other Similar regulator imposes under applicable institutions pose to their System Financial Assistance to an OFI Federal or State law. The FCA will rely funding bank. Two FCS associations The FCA proposes to redesignate on the OFI’s primary Federal or State suggested that the proposed regulation § 614.4560(b)(3) as new § 614.4580. This regulator where one exists to ensure that impose the same capital investment regulation derives from section 1.7(b)(3) an OFI does not lend a disproportionate requirement on both OFIs and direct of the Act, which prohibits a System amount of its capital and surplus to a lender associations. One of these funding bank from extending credit to single credit risk. However, the FCA associations suggested that if the FCA an OFI if its aggregate liabilities exceed further expects each FCB or ACB to permits FCBs and ACBs to establish 10 times its paid-in and unimpaired prudently manage its exposure to risks different capital requirements for OFIs capital and surplus, or a lesser amount caused by concentrations in OFI loan and direct lender associations, interest established by the laws of the portfolios through both its loan rates should be charged which result in jurisdiction creating the OFI. Although underwriting standards and the GFA. similar levels of overall financial return the FCA proposes to omit the last three During examinations, the FCA will to the funding bank from all borrowing sentences of existing § 614.4560(b)(3), review the controls that each FCB or entities. One pair of jointly managed System banks may still establish, by ACB establishes to address such single- associations commented that the policy, a lower liabilities-to-capital ratio credit risk concentrations in OFI loan proposed regulations should require for their OFIs. In this context, the FCA portfolios. OFIs to contribute to the funding bank’s expects that each FCB or ACB will The FCA observes that opportunities premium to the Farm Credit System establish in its underwriting policies for FCBs and ACBs to fund OFIs are Insurance Corporation (FCSIC). Three and procedures, as referred to in substantially increased by this proposal. commercial bank commenters suggested § 614.4540(c), specific capital standards While considering the safety and that the FCA encourage FCBs and ACBs that address risks posed by its OFIs. A soundness risks associated with such an to pay dividends to OFIs on their non- commercial bank trade association expansion the Agency considered voting stock. The IBAA commented that asked the FCA to adopt a liabilities-to- alternative approaches for controlling the proposed regulation should require capital ratio of 20:1 because this is the risk exposure to the FCS. Specifically, each FCB and ACB to disclose to OFI standard for members of the Federal the FCA is considering whether the final applicants information about its rates, Home Loan Bank System. See 12 U.S.C. regulation should establish a lending spreads, and dividends for direct lender 1430(c). The FCA is unable to adopt the limit on the extension of credit from a associations. commenter’s suggestion because section Farm Credit bank to each OFI. See The FCA proposes a new regulatory 1.7(b)(3) of the Act does not provide that §§ 614.4350 and 614.4352. The FCA approach that balances a System flexibility. solicits commenters’ views as to funding bank’s obligation to accord whether the final rule should contain a equitable treatment to both direct lender VI. Lending Limit to a Single OFI lending limit to an OFI as a percent of associations and OFIs with its needs for Borrower the funding bank’s capital base similar greater business flexibility to price and The ANPRM requested comments to the approach delineated in structure its credit to all lending about how the regulations should § 614.4352, and if so, at what percent institutions. Whereas existing address concentration risk in an OFI’s should the limit be established. Finally, § 614.4640 specifically requires FCBs Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38229 and ACBs to charge OFIs and direct An FCB and a pair of jointly managed 12 CFR Part 620 lender associations the same rates and FCS associations opined that liquidation fees on the same basis, the proposed of an OFI should be addressed in the Accounting, Agriculture, Banks, regulation would require that the overall GFA, not FCA regulations. banking, Reporting and recordkeeping requirements, Rural areas. costs of funds to OFIs and associations Under proposed § 614.4600, the be comparable, irrespective of the System funding bank may take over 12 CFR Part 630 individual components of credit costs, loans and other assets that the OFI such as interest rates and fees. Proposed pledged as collateral if the OFI becomes Accounting, Agriculture, Banks, § 614.4590(a) requires each FCB and insolvent, is in process of liquidation, or banking, Credit, Organization and ACB to apply similar objective loan fails to service its loans properly. As a functions (Government agencies), underwriting standards to both OFIs result, the FCB or ACB will have the Reporting and recordkeeping and direct lender associations, and authority to make additional advances, requirements, Rural areas. proposed § 614.4590(b) states that any to grant renewals and extensions, and to For the reasons stated in the variation in the overall amounts that take such other actions as may be preamble, parts 611, 614, 620, and 630 OFIs and direct lender associations are necessary to collect and service loans to of chapter VI, title 12 of the Code of charged by the funding bank for the OFI’s borrowers. The System Federal Regulations are proposed to be capitalization requirements, interest funding bank may also liquidate the revised to read as follows: rates, and fees shall be attributed to OFI’s loans and other assets that it has PART 611ÐORGANIZATION differences in credit risk and pledged in order to fully realize administrative costs to the bank. repayment from the OFI. The FCA declines suggestions by a 1. The authority citation for part 611 System commenter that the proposed In contrast to existing § 614.4630(a), continues to read as follows: proposed § 614.4600 no longer requires regulation establish identical capital Authority: Secs. 1.3, 1.13, 2.0, 2.10, 3.0, investment requirements for both OFIs an FCB or ACB to obtain FCA approval 3.21, 4.12, 4.15, 4.21, 5.9, 5.10, 5.17, 7.0– and direct lender associations. The FCA before it takes over the loans and other 7.13, 8.5(e) of the Farm Credit Act (12 U.S.C. believes that FCBs and ACBs should assets of an insolvent OFI. From a safety 2011, 2021, 2071, 2091, 2121, 2142, 2183, have the flexibility to impose different and soundness perspective, FCBs and 2203, 2209, 2243, 2244, 2252, 2279a–2279f– capital requirements because risk levels ACBs should be able to exercise creditor 1, 2279aa–5(e)); secs. 411 and 412 of Pub. L. are different and the Act does not allow remedies whenever the OFI defaults on 100–233, 101 Stat. 1568, 1638; secs. 409 and OFIs to own voting stock in the FCBs or the GFA. The prior-approval 414 of Pub. L. 100–399, 102 Stat. 989, 1003, and 1004. ACBs. In response to an association’s requirements in existing § 614.4630(a) were established before the FCA became comment about OFI contributions to the Subpart PÐTermination of Farm Credit an arms-length regulator. This approach premium that its funding bank pays to StatusÐAssociations FCSIC, the FCA notes that the proposed is consistent with the FCA’s general regulation allows the FCB or ACB to policy of repealing Agency approval 2. Section 611.1205 is amended by take FCSIC premiums into account requirements that are not imposed by revising paragraph (c) to read as follows: when they price OFI loans. The the Act. proposed regulation does not require The FCA proposes to repeal § 611.1205 Definitions. FCBs and ACBs to pay dividends to § 614.4630(b), which prohibits FCBs and * * * * * OFIs, as commercial bank commenters ACBs from assigning obligations (c) OFI means an other financing requested, because the FCA does not handled for an insolvent OFI as institution that has established a prescribe business practices to FCS collateral for bonds without FCA prior funding and discount relationship with institutions in the absence of approval. The applicable requirements a Farm Credit Bank or an agricultural compelling safety and soundness for collateral pledged by FCBs and ACBs credit bank pursuant to section 1.7(b)(1) reasons. From the FCA’s perspective, an for bond obligations are contained in of the Act and the regulations in subpart institution’s bylaws best prescribe § 615.5050, and FCA approval for each P of part 614. detailed capitalization requirements, issuance is required by § 615.5101(d) of * * * * * dividend policies, and cooperative this chapter. The FCA also proposes to principles. The FCA declines the repeal § 614.4630(c), which places PART 614ÐLOAN POLICIES AND IBAA’s request to compel FCBs and restrictions on interest rates that an FCB OPERATIONS ACBs to disclose pricing information or ACB can charge borrowers whose about their loans to their affiliated direct loans were taken over from a defaulting 3. The authority citation for part 614 lender associations because the OFI. The FCA believes the restrictions continues to read as follows: regulations can promote impartial and in § 614.4630(c) are no longer necessary Authority: 42 U.S.C. 4012a, 4014a, 4104b, equitable treatment of OFIs and direct because the FCA’s examinations will 4106, and 4128; secs. 1.3, 1.5, 1.6, 1.7, 1.9, lender associations without requiring assure sufficient controls and 1.10, 1.11, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12, 2.13, Farm Credit banks to disclose monitoring exist in this area. 2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28, confidential and proprietary 4.12, 4.12A, 4.13, 4.13B, 4.14, 4.14A, 4.14C, information affecting its other List of Subjects 4.14D, 4.14E, 4.18, 4.18A, 4.19, 4.36, 4.37, customers. 12 CFR Part 611 5.9, 5.10, 5.17, 7.0, 7.2, 7.6, 7.7, 7.8, 7.12, 7.13, 8.0, 8.5 of the Farm Credit Act (12 VIII. Insolvency Agriculture, Banks, banking, Rural U.S.C. 2011, 2013, 2014, 2015, 2017, 2018, The ANPRM inquired how new areas. 2019, 2071, 2073, 2074, 2075, 2091, 2093, regulations could safeguard the interests 2094, 2096, 2121, 2122, 2124, 2128, 2129, 12 CFR Part 614 2131, 2141, 2149, 2183, 2184, 2199, 2201, of an FCB or ACB when an OFI is 2202, 2202a, 2202c, 2202d, 2202e, 2206, liquidated. An ACB and the IBAA Agriculture, Banks, banking, Flood 2206a, 2207, 2219a, 2219b, 2243, 2244, 2252, responded that a System bank should insurance, Foreign trade, Reporting and 2279a, 2279a–2, 2279b, 2279b–1, 2279b–2, maintain a senior security interest in all recordkeeping requirements, Rural 2279f, 2279f–1, 2279aa, 2279aa–5); sec. 413 assets that an OFI pledges as collateral. areas. of Pub. L. 100–233, 101 Stat. 1568, 1639. 38230 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules

Subpart JÐLending Limits affect a Farm Credit bank’s ability to (b) A Farm Credit Bank or agricultural achieve and maintain established or credit bank shall extend funding, 4. Section 614.4350 is amended by projected capital levels, raise funds in discount and other similar financial revising paragraph (a) to read as follows: the money markets, or would otherwise assistance to an OFI only for purposes § 614.4350 Definitions. expose the Farm Credit bank to other and terms authorized under sections * * * * * safety and soundness risks, each Farm 1.10(b) and 2.4(a) and (b) of the Act. (a) Borrower means an individual, Credit Bank or an agricultural credit (c) Rural home loans to borrowers partnership, joint venture, trust, bank shall fund, discount, and provide who are not bona fide farmers, ranchers, corporation, or other business entity other similar financial assistance to any and aquatic producers and harvesters (except a Farm Credit System creditworthy OFI that: are subject to the restrictions in association or other financing (1) Maintains at least 15 percent of its § 613.3030 of this chapter. Loans that an institution that complies with the loan volume at a seasonal peak in loans OFI makes to processing and marketing criteria in section 1.7(b) of the Act and and leases to farmers, ranchers, aquatic operators who supply less than 20 the regulations in subpart P of this part) producers and harvesters. The Farm percent of the throughput shall be to which an institution has made a loan Credit Bank or agricultural credit bank included in the calculation that or a commitment to make a loan either shall not include the loan assets of the § 613.3010(b)(1) of this chapter directly or indirectly. OFI’s parent, affiliates, or subsidiaries establishes for Farm Credit Banks and when determining compliance with the agricultural credit banks. * * * * * (d) The borrower rights requirements 5. Subpart P of part 614 is revised to requirement of this paragraph; and in part C of title IV of the Act, and read as follows: (2) Executes a general financing agreement with the Farm Credit Bank or section 4.36 of the Act, and the Subpart PÐFarm Credit Bank and agricultural credit bank that establishes regulations in subparts K, L, and N of Agricultural Credit Bank Financing of a financing or discount relationship for part 614 shall apply to all loans that an Other Financing Institution at least 2 years. OFI funds or discounts through a Farm (c) Denial of OFI access. Each Farm Credit Bank or agricultural credit bank, Sec. Credit Bank and agricultural credit bank unless such loans are subject to the 614.4540 Other financing institution access shall establish objective loan Truth-in-Lending Act, 15 U.S.C. 1601 et to Farm Credit Banks and agricultural underwriting policies and procedures seq. credit banks for funding, discount, and (e) As a condition for obtaining other similar financial assistance. for determining the creditworthiness of 614.4550 Place of discount. each OFI applicant. No Farm Credit funding, discount and other similar 614.4560 Requirements for OFI funding Bank or agricultural credit bank shall financial assistance of a Farm Credit relationships. deny access to any creditworthy OFI Bank or agricultural credit bank, all 614.4570 Recourse and security. that meets the conditions in paragraph State banks, trust companies, or State- 614.4580 Limitation on the extension of (b) of this section. chartered savings associations shall funding, discount and other similar execute a written consent that financial assistance to an OFI. § 614.4550 Place of discount. authorizes their State regulators to 614.4590 Equitable treatment of OFIs and (a) A Farm Credit Bank or agricultural furnish examination reports to the Farm Farm Credit System associations. credit bank may provide funding, 614.4600 Insolvency of an OFI. Credit Administration upon its request. discount, and other similar financial Any OFI that is not a depository § 614.4540 Other financing institution assistance to any OFI whose institution shall consent in writing to access to Farm Credit Banks and headquarters is located within the examination by the Farm Credit agricultural credit banks for funding, funding bank’s chartered territory. Administration as a condition precedent discount, and other similar financial (b) A Farm Credit Bank or agricultural for obtaining funding, discount and assistance. bank may provide funding, discount, other similar financial assistance from a (a) Basic criteria for access. Any and other similar financial assistance to Farm Credit Bank or agricultural credit national bank, State bank, trust an OFI whose headquarters is not bank, and file such consent with its company, agricultural credit located in the funding bank’s chartered Farm Credit funding bank. corporation, incorporated livestock loan territory only if the Farm Credit Bank or company, savings association, credit agricultural credit bank referred to in § 614.4570 Recourse and security. union, or any association of agricultural paragraph (a) of this section either (a) Full recourse and guarantee. All producers engaged in the making of grants its consent, or denies or obligations that are funded or loans to farmers and ranchers, and any otherwise fails to approve such OFI’s discounted through a Farm Credit Bank corporation engaged in the making of funding request within 60 days of or agricultural credit bank shall be loans to producers or harvesters of receipt of a ‘‘completed application’’ as endorsed with the full recourse or aquatic products may become an other defined by 12 CFR 202.2(f). unconditional guarantee of the OFI. financing institution (OFI) that funds, (b) General collateral. (1) Each Farm discounts, and obtains other similar § 614.4560 Requirements for OFI funding Credit Bank and agricultural credit bank financial assistance from a Farm Credit relationships. shall take as collateral all notes, drafts, Bank or agricultural credit bank in order (a) As a condition for extending and other obligations that it funds or to extend short-and intermediate-term funding, discount and other similar discounts for each OFI; and credit to eligible borrowers for financial assistance to an OFI, each (2) Each Farm Credit Bank and authorized purposes pursuant to Farm Credit Bank or agricultural credit agricultural credit bank shall perfect, in sections 1.10(b) and 2.4(a) and (b) of the bank shall require every OFI to: accordance with State law, a senior Act. Each OFI shall be duly organized (1) Execute a general financing security interest in any and all and qualified to make loans and leases agreement pursuant to the regulations in obligations and the proceeds thereunder under the laws of each jurisdiction in subpart C of part 614; and that the OFI pledges as collateral. which it operates. (2) Purchase non-voting stock in its (c) Supplemental collateral. (1) Each (b) Assured access. Except when an Farm Credit Bank or agricultural credit Farm Credit Bank and agricultural credit OFI’s funding request would adversely bank pursuant to the bank’s bylaws. bank shall develop underwriting Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38231 policies and procedures that establish § 614.4600 Insolvency of an OFI. DEPARTMENT OF HEALTH AND uniform and objective standards to If an OFI that is indebted to a Farm HUMAN SERVICES determine the need and amount of Credit Bank or agricultural credit bank supplemental collateral or other credit Food and Drug Administration becomes insolvent, is in process of enhancements that each OFI shall liquidation, or fails to service its loans provide as a condition for obtaining 21 CFR Part 872 properly, the Farm Credit Bank or funding, discount and other similar [Docket No. 97N±0239] financial assistance from such Farm agricultural credit bank may take over Credit bank. such loans and other assets that the OFI Dental Devices; Effective Date of pledged as collateral. Once the Farm (2) The amount, type, and quality of Requirement for Premarket Approval; supplemental collateral or other credit Credit Bank or agricultural credit bank Temporomandibular Joint Prostheses enhancements required for each OFI exercises its remedies, it shall have the AGENCY: Food and Drug Administration, shall be established in the general authority to make additional advances, HHS. financing agreement and shall be to grant renewals and extensions, and to proportional to the level of risk that the take such other actions as may be ACTION: Proposed rule; opportunity to OFI poses to the Farm Credit Bank or necessary to collect and service loans to request a change in classification. the OFI’s borrower. The funding Farm agricultural credit bank. SUMMARY: Credit bank may also liquidate the OFI’s The Food and Drug Administration (FDA) is proposing to § 614.4580 Limitation on the extension of loans and other assets in order to require the filing of a premarket funding, discount and other similar achieve repayment of the debt. financial assistance to an OFI. approval application (PMA) or a notice (a) No obligation shall be purchased PART 620ÐDISCLOSURE TO of completion of a product development from or discounted for and no loan shall SHAREHOLDERS protocol (PDP) for the total be made or other similar financial temporomandibular joint (TMJ) assistance extended by a Farm Credit 6. The authority citation for part 620 prosthesis, the glenoid fossa prosthesis, Bank or agricultural credit bank to an continues to read as follows: the mandibular condyle prosthesis, and OFI if the amount of such obligation the interarticular disc prosthesis Authority: Secs. 5.17, 5.19, 8.11 of the (interpositional implant). The agency is added to the aggregate liabilities of such Farm Credit Act (12 U.S.C. 2252, 2254, OFI, whether direct or contingent (other also summarizing its proposed findings 2279aa–11); sec. 424 of Pub. L. 100–233, 101 regarding the degree of risk of illness or than bona fide deposit liabilities), Stat. 1568, 1656. exceeds 10 times the paid-in and injury intended to be eliminated or reduced by requiring the devices to unimpaired capital and surplus of such Subpart BÐAnnual Report to meet the statute’s approval requirements OFI or the amount of such liabilities Shareholders permitted under the laws of the as well as the benefits to the public from jurisdiction creating such OFI, § 620.5 [Amended] the use of the devices. In addition, FDA whichever is less. is announcing the opportunity for 7. Section 620.5 is amended by interested persons to request the agency (b) It shall be unlawful for any removing the words ‘‘, as defined in to change the classification of the national bank that is indebted to any § 614.4540(e) of this chapter,’’ and by devices based on new information. Farm Credit Bank or agricultural credit removing the word ‘‘financial’’ and DATES: Submit written comments by bank, on paper discounted or adding in its place the word ‘‘financing’’ purchased, to incur any additional October 15, 1997; requests for a change in paragraph (a)(8). indebtedness, if by virtue of such in classification by August 1, 1997. FDA intends that if a final rule based on this additional indebtedness its aggregate PART 630ÐDISCLOSURE TO liabilities, direct or contingent, will proposed rule is issued, PMA’s or INVESTORS IN SYSTEMWIDE AND notices of completion of PDP’s will be exceed the limitation described in CONSOLIDATED BANK DEBT paragraph (a) of this section. required to be submitted within 90 days OBLIGATIONS OF THE FARM CREDIT of the effective date of the final rule. § 614.4590 Equitable treatment of OFIs and SYSTEM ADDRESSES: Submit written comments Farm Credit System associations. to the Dockets Management Branch (a) Each Farm Credit Bank and 8. The authority citation for part 630 (HFA–305), Food and Drug agricultural credit bank shall apply continues to read as follows: Administration, 12420 Parklawn Dr., similar objective credit underwriting Authority: Secs. 5.17, 5.19 of the Farm rm. 1–23, Rockville, MD 20857. standards to both OFIs and Farm Credit Credit Act (12 U.S.C. 2252, 2254). FOR FURTHER INFORMATION CONTACT: System direct lender associations. Mary S. Runner, Center for Devices and (b) The total charges that a Farm Subpart BÐAnnual Report to Investors Radiological Health (HFZ–480), Food Credit Bank or agricultural credit bank § 630.20 [Amended] and Drug Administration, 9200 assesses an OFI through capitalization Corporate Blvd., Rockville, MD 20850, requirements, interest rates, and fees 9. Section 630.20 is amended by 301–827–5283. shall be comparable to the charges that removing the words ‘‘, as defined in SUPPLEMENTARY INFORMATION: the same Farm Credit bank imposes on § 614.4540(e) of this chapter,’’ in its direct lender associations. Any paragraph (a)(1)(v). I. Background variation between the overall funding Dated: July 14, 1997. Section 513 of the Federal Food, Drug, costs that OFIs and direct lender and Cosmetic Act (the act) (21 U.S.C. associations are charged by the same Floyd Fithian, 360c) requires the classification of funding bank shall result from Secretary, Farm Credit Administration Board. medical devices into one of three differences in credit risk and [FR Doc. 97–18827 Filed 7–16–97; 8:45 am] regulatory classes: Class I (general administrative costs to the Farm Credit BILLING CODE 6705±01±P controls), class II (special controls), and Bank or agricultural credit bank. class III (premarket approval). 38232 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules

Generally, devices that were on the or announcing its intent to initiate a the data and conduct the investigations market before May 28, 1976, the date of proceeding to reclassify the device necessary to support an application for enactment of the Medical Device under section 513(e) of the act. If FDA premarket approval’’ (H. Rept. 94–853; Amendments of 1976 (the 1976 does not initiate such a proceeding, 94th Cong., 2d sess. 42 (1976)). amendments) (Pub. L. 94–295), and section 515(b)(3) of the act provides that A. Classification of Total TMJ devices marketed on or after that date FDA shall, after the close of the Prostheses, Glenoid Fossa Prostheses, that are substantially equivalent to such comment period on the proposed rule Mandibular Condyle Prostheses and devices, have been classified by FDA. and consideration of any comments Interarticular Disc Prostheses For the sake of convenience, this received, issue a final rule to require (Interpositional Implants) preamble refers to the devices that were premarket approval, or publish a notice on the market before May 28, 1976, and terminating the proceeding. If FDA In the Federal Register of December the substantially equivalent devices that terminates the proceeding, FDA is 20, 1994 (59 FR 65475), FDA issued a were marketed on or after that date as required to initiate reclassification of final rule classifying the total TMJ ‘‘preamendments devices.’’ the device under section 513(e) of the prosthesis, the glenoid fossa prosthesis, Section 515(b)(1) of the act (21 U.S.C. act, unless the reason for termination is the mandibular condyle prosthesis, and 360e(b)(1)) establishes the requirement that the device is a banned device under the interarticular disc prosthesis that a preamendments device that FDA section 516 of the act (21 U.S.C. 360f). (interpositional implant) into class III. has classified into class III is subject to If a proposed rule to require The preamble to the proposal to classify premarket approval. A preamendments premarket approval for a these devices (57 FR 43165, September class III device may be commercially preamendments device is made final, 18, 1992) included the recommendation distributed without an approved PMA section 501(f)(2)(B) of the act (21 U.S.C. of the Dental Products Panel (the Panel), or notice of completion of a PDP until 351(f)(2)(B)) requires that a PMA or a an FDA advisory committee, which met 90 days after FDA issues a final rule notice of completion of a PDP for any on April 21, 1989, regarding the requiring premarket approval for the such device be filed within 90 days of classification of the devices (Ref. 1), in device, or 30 months after final the date of issuance of the final rule or particular, the total TMJ prosthesis and classification of the device under 30 months after final classification of the interarticular disc prosthesis section 513 of the act, whichever is the device under section 513 of the act, (interpositional implant). The preamble later. Also, a preamendments device whichever is later. If a PMA or a notice to the reproposed rule to classify the subject to the rulemaking procedure of completion of a PDP is not filed by glenoid fossa prosthesis and the under section 515(b) of the act, is not the later of the two dates, commercial mandibular condyle prosthesis (59 FR required to have an approved distribution of the device is required to 6935, February 14, 1994) included the investigational device exemption (IDE) cease. The device may, however, be recommendation of the panel that (part 812 (21 CFR part 812)) distributed for investigational use if the reconvened on February 11, 1993, (Ref. contemporaneous with its interstate manufacturer, importer, or other 2) regarding the classification of these distribution until the date identified by sponsor of the device complies with the two TMJ prostheses. The Panel FDA in the final rule requiring the IDE regulations. If a PMA or a notice of recommended at the April 1989 meeting submission of a PMA or a PDP for the completion of a PDP is not filed by the that the total TMJ prosthesis and the device. At that time, an IDE must be later of the two dates, and no IDE is in interarticular disc prosthesis submitted only if a PMA has not been effect, the device is deemed to be (interpositional implant), and at the submitted or a PDP completed. adulterated within the meaning of February 1993 meeting that the glenoid Section 515(b)(2)(A) of the act section 501(f)(1)(A) of the act, and fossa prosthesis and the mandibular provides that a proceeding to issue a subject to seizure and condemnation condyle prosthesis, be classified into final rule to require premarket approval under section 304 of the act (21 U.S.C. class III, and identified certain risks to shall be initiated by publication of a 334) if its distribution continues. health presented by the devices. The notice of proposed findings rulemaking Shipment of the device in interstate Panel believed that the devices containing: (1) The proposed rule, (2) commerce will be subject to injunction presented a potential unreasonable risk proposed findings with respect to the under section 302 of the act (21 U.S.C. to health and that insufficient degree of risk of illness or injury 332), and the individuals responsible for information existed to determine that designed to be eliminated or reduced by such shipment will be subject to general controls are sufficient to provide requiring the device to have an prosecution under section 303 of the act reasonable assurance of the safety and approved PMA or a declared completed (21 U.S.C. 333). In the past, FDA has effectiveness of the devices or that PDP and the benefit to the public from requested that manufacturers take action application of performance standards the use of the device, (3) an opportunity to prevent the further use of devices for would provide such assurance. for the submission of comments on the which no PMA has been filed and may FDA agreed with the Panel’s proposed rule and the proposed determine that such a request is recommendations and, in the proposal findings, and (4) an opportunity to appropriate for total TMJ prostheses, (57 FR 43165) and in the reproposed request a change in the classification of glenoid fossa prostheses, mandibular rule (59 FR 6935), proposed that the the device based on new information condyle prostheses, and interarticular total TMJ prosthesis, the glenoid fossa relevant to the classification of the disc prostheses (interpositional prosthesis, the mandibular condyle device. implants). prosthesis and the interarticular disc Section 515(b)(2)(B) of the act The act does not permit an extension prosthesis (interpositional implant) be provides that if FDA receives a request of the 90–day period after issuance of a classified into class III. The proposal for a change in the classification of the final rule within which an application and reproposal stated that FDA believed device within 15 days of the publication or a notice is required to be filed. The that general controls, either alone or in of the notice, FDA shall, within 60 days House Report on the amendments states combination with the special controls of the publication of the notice, consult that ‘‘the thirty month ‘grace period’ applicable to class II devices, are with the appropriate FDA advisory afforded after classification of a device insufficient to provide reasonable committee and publish a notice denying into class III * * * is sufficient time for assurance of the safety and effectiveness the request for change of classification manufacturers and importers to develop of the devices. The proposal and Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38233 reproposal stated that premarket prosthesis, the mandibular condyle condyle prosthesis, and the approval is necessary for the devices prosthesis, and the interarticular disc interarticular disc prosthesis because the devices present potential prosthesis (interpositional implant) (interpositional implant) to pose a unreasonable risks of illness or injury if within 90 days after issuance of any significant risk as defined in the IDE there are not adequate data to ensure the final rule based on this proposal. An regulation. safe and effective use of the devices. applicant whose device was legally in The preamble to the final rule (59 FR commercial distribution before May 28, C. Description of Devices 65475) classifying the total TMJ 1976, or whose device has been found A total TMJ prosthesis is a device that prosthesis, the glenoid fossa prosthesis, by FDA to be substantially equivalent to is intended to be implanted in the the mandibular condyle prosthesis and such a device, will be permitted to human jaw to replace the mandibular the interarticular disc prosthesis continue marketing the total TMJ condyle and augment the glenoid fossa (interpositional implant) into class III prosthesis, the glenoid fossa prosthesis, to functionally reconstruct the TMJ. advised that the earliest date by which the mandibular condyle prosthesis, and A glenoid fossa prosthesis is a device PMA’s or notices of completion of PDP’s the interarticular disc prosthesis that is intended to be implanted in the for the devices could be required was (interpositional implant) during FDA’s TMJ to augment a glenoid fossa or to June 30, 1997, or 90 days after issuance review of the PMA or notice of provide an articulation surface for the of a rule requiring premarket approval completion of the PDP. FDA intends to head of a mandibular condyle. for the devices. In the Federal Register review any PMA for the device within A mandibular condyle prosthesis is a of January 6, 1989 (54 FR 550), FDA 180 days, and any notice of completion device that is intended to be implanted published a notice of intent to initiate of a PDP for the device within 90 days in the human jaw to replace the proceedings to require premarket of the date of filing. FDA cautions that, mandibular condyle and to articulate approval for 31 class III preamendments under section 515(d)(1)(B)(I) of the act, within a glenoid fossa. devices. Among other items, the notice FDA may not enter into an agreement to An interarticular disc prosthesis described the factors FDA takes into extend the review period of a PMA (interpositional implant) is a device that account in establishing priorities for beyond 180 days unless the agency is intended to be an interface between proceedings under section 515(b) of the finds that ‘‘ * * * the continued the natural articulating surface of the act for issuing final rules requiring that availability of the device is necessary for mandibular condyle and glenoid fossa. preamendments class III devices have the public health.’’ approved PMA’s or declared completed FDA intends that, under § 812.2(c)(2), D. Proposed Findings With Respect to PDP’s. FDA updated its priorities in a the preamble to any final rule based on Risks and Benefits preamendments class III strategy notice this proposal will state that, as of the As required by section 515(b) of the of availability document published in date on which a PMA or a notice of act, FDA is publishing its proposed the Federal Register of May 6, 1994 (59 completion of a PDP is required to be findings regarding: (1) The degree of risk FR 23731). Although the previous TMJ filed, the exemption in § 812.2(c)(1) and of illness or injury designed to be prostheses were not included in the lists (c)(2) from the requirements of the IDE eliminated or reduced by requiring the of devices identified in the notice and regulations for preamendments class III total TMJ prosthesis, the glenoid fossa the strategy paper, using the factors set devices will cease to apply to any total prosthesis, the mandibular condyle forth in these documents, FDA has TMJ prosthesis, glenoid fossa prosthesis, prosthesis, and the interarticular disc recently determined that the total TMJ mandibular condyle prosthesis, and prosthesis (interpositional implant) to prosthesis identified in § 872.3940 (21 interarticular disc prosthesis have an approved PMA or a declared CFR 872.3940), the glenoid fossa (interpositional implant) which is: (1) completed PDP; and (2) the benefits to prosthesis identified in § 872.3950 (21 Not legally on the market on or before the public from the use of the device. CFR 872.3950), the mandibular condyle that date; or (2) legally on the market on prosthesis identified in § 872.3960 (21 or before that date but for which a PMA E. Risk Factors CFR 872.3960), and the interarticular or notice of completion of PDP is not 1. Total TMJ Prosthesis (§ 872.3940), disc prosthesis identified in § 872.3970 filed by that date, or for which PMA Glenoid Fossa Prosthesis (§ 872.3950), (21 CFR 872.3970) have a high priority approval has been denied or withdrawn. and Mandibular Condyle Prosthesis for initiating a proceeding to require If a PMA, notice of completion of a (§ 872.3960) premarket approval because the safety PDP, or an IDE application for the total and effectiveness of these devices has TMJ prosthesis, glenoid fossa prosthesis, The total TMJ prostheses, the glenoid not been established by valid scientific mandibular condyle prosthesis, and fossa prostheses, and the mandibular evidence as defined in § 860.7 (21 CFR interarticular disc prosthesis condyle prostheses are associated with 860.7). Moreover, FDA believes that (interpositional implant) is not the following risks: insufficient information exists to submitted to FDA within 90 days after 1. Implant loosening or displacement. identify the proper materials or design the date of issuance of any final rule The screws used to anchor the implant for the total TMJ, the glenoid fossa, and requiring premarket approval for the may loosen, resulting in implant the mandibular condyle prostheses. devices, commercial distribution for the loosening or displacement, causing Accordingly, FDA is commencing a devices must cease. FDA, therefore, changes in bite, difficulty in chewing, proceeding under section 515(b) of the cautions that for manufacturers not limited joint function and unpredictable act to require that the previous four TMJ planning to submit a PMA or notice of wear on implant components (Refs. 3 prostheses have an approved PMA or completion of a PDP immediately, IDE through 6); declared completed PDP. applications should be submitted to 2. Degenerative changes to the natural FDA, at least 30 days before the end of articulating surfaces. Implant B. Dates New Requirements Apply the 90-day period after the final rule is breakdown may result in erosion or In accordance with section 515(b) of published to minimize the possibility of resorption of the glenoid fossa, or the the act, FDA is proposing to require that interrupting all availability of the head of the mandibular condyle . The a PMA or a notice of completion of a device. FDA considers investigations of erosion or resorption may result in PDP be filed with the agency for the the total TMJ prosthesis, the glenoid intense pain, changes in bite, difficulty total TMJ prosthesis, the glenoid fossa fossa prosthesis, the mandibular in chewing, limited joint function and, 38234 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules in the case of glenoid fossa prostheses, necrosis and fibrous ankylosis (Refs. 5 subject of the application; and (3) full perforation into the middle cranial fossa and 7 through 15); reports of all preclinical and clinical (Refs. 3 through 6); 5. Implant displacement. information from investigations on the 3. Foreign body reaction. Implant Displacement of the implant may result safety and effectiveness of the device for deterioration and migration may result in changes in bite, difficulty in chewing which premarket approval is sought. in a foreign body reaction characterized and limited joint function (Refs. 7 A PMA should include valid by multinucleated giant cells (Refs. 3 through 10, 12, and 13); scientific evidence as defined in § 860.7 through 6); 6. Infection. If the implant cannot be and should be obtained from well- 4. Infection. If the implant cannot be properly sterilized, infection may result; controlled clinical studies, with detailed properly sterilized, infection may result; 7. Chronic pain. Degenerative changes data, in order to provide reasonable 5. Loss of implant integrity. If the within the articular surfaces and assurance of the safety and effectiveness implant materials are unable to components of the joint due to implant of the particular TMJ implant for its withstand mechanical loading, the breakdown may result in chronic pain intended use. In addition to the basic implant can be torn, worn, perforated, (Refs. 7 through 9 and 12); requirements described in delaminated, fragmented, fatigued, or 8. Calcification. Implant breakdown § 814.20(b)(6)(ii) for a PMA, it is fractured, resulting in failure of the may result in the formation of scar recommended that such studies employ devices to function properly (Refs. 3 tissue, leading to calcification (Refs. 11 a protocol that meets the following through 6); and 16); criteria. 6. Chronic pain. Degenerative changes 9. Granulomatous reaction. Implant Applicants should submit PMA’s in within the articular surfaces and particulate may produce a mass or accordance with FDA’s guideline components of the TMJ due to implant nodule of chronically inflamed tissue entitled ‘‘Guideline for the Arrangement breakdown may result in chronic pain with granulation (Refs. 13 through 16); and Content of a PMA Application.’’ (Refs. 3 through 6); and The guideline is available upon request 7. Corrosion. If the implant materials 10. Leaching of elements. Toxic from FDA, Center for Devices and are subject to corrosion, toxic elements elements may be leached from the Radiological Health, Division of Small may migrate to various parts of the implant materials and migrate to various Manufacturers Assistance (HFZ–220), body; parts of the body. 1350 Piccard Dr., Rockville, MD 20850. 8. Changes to the contralateral joint. F. Benefits of the Devices Unilateral placement of the implant may A. General Protocol Requirements result in deleterious effects to the The total TMJ prosthesis, glenoid The total TMJ prosthesis, the glenoid contralateral joint; and fossa prosthesis, mandibular condyle fossa prosthesis, the mandibular 9. Malocclusion. Placement of the prosthesis, and interarticular joint condyle prosthesis, and the device may produce an improper prosthesis (interpositional implant) are interarticular disc prosthesis occlusal relationship. implanted devices which are placed in (interpositional implant) should be the jaw either to functionally evaluated in a prospective, randomized, 2. Interarticular Disc Prosthesis reconstruct the TMJ by replacing the (Interpositional Implant) (§ 872.3970) clinical trial that uses adequate controls. mandibular condyle and augmenting the The study must attempt to answer all of Interarticular disc prostheses glenoid fossa; to augment a glenoid the questions concerning safety and (interpositional implants) are associated fossa, to substitute for the naturally effectiveness of the devices, including with the following risks: occurring mandibular condyle or to the risk to benefit ratio. The questions 1. Loss of implant integrity. If the provide an interface between the natural should relate to the pathophysiologic implant materials are unable to articulating surfaces of the mandibular effects which the devices produce, as withstand mechanical loading, the condyle and glenoid fossa. The potential well as the primary and secondary implant materials can be torn, benefits intended from the use of these variables analyzed to evaluate safety perforated, delaminated, or fragmented, four TMJ prostheses are reconstruction and effectiveness. Study endpoints and resulting in failure of the device to of the articulation surface(s) for the study success must be defined. function properly (Refs. 5, 7 through 11, restoration of jaw function and stability, Biocompatibility testing for new and 13 through 16); and improvement in mastication, material and/or the finished devices 2. Implant migration. Torn, worn, speech, esthetics, comfort, and pain should be performed according to the perforated, delaminated, and relief. Office of Device Evaluation blue book fragmented implant materials are II. PMA Requirements memorandum G95–1 entitled ‘‘Use of capable of migrating to surrounding International Standard ISO–10993, A PMA for these TMJ prosthetic tissues, including the lymph nodes ‘‘Biological Evaluation of Medical devices must include the information (Refs. 5 and 14); Devices Part–1: Evaluation and required by section 515(c)(1) of the act 3. Foreign body reaction. Implant Testing.’’ This memorandum includes and § 814.20 (21 CFR 814.20) of the deterioration and migration may result the FDA-modified matrix that procedural regulations for PMA’s. Such in a foreign body reaction characterized designates the type of testing needed for a PMA should include a detailed by multinucleated giant cells (Refs. 5 various medical devices. The following discussion of the risks as well as a and 7 through 16); tests should be considered: 4. Degenerative changes within the discussion of the effectiveness of the 1. Cytotoxicity articular surfaces and components of the device for which premarket approval is 2. Sensitization joint. Implant breakdown may result in sought. In addition, a PMA must 3. Irritation or intracutaneous severe resorption of the head of the include all data and information on: (1) reactivity mandibular condyle and glenoid fossa. Any risks known, or that should be 4. Acute systemic toxicity The degenerative changes may result in reasonably known to the applicant that 5. Sub-acute toxicity joint noise, changes in bite, difficulty in have not been identified in the proposal 6. Genotoxicity breathing, severely limited joint (57 FR 43165) and in the reproposed 7. Implantation function, erosion or perforation into the rule (59 FR 6935); (2) the effectiveness 8. Hemocompatibility middle cranial fossa, crepitus, avascular of the specific TMJ prosthesis that is the 9. Chronic toxicity Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38235

10. Carcinogenicity 5. What potential problems (such as stratification by pertinent demographic Specific considerations include the prosthesis loosening or displacement, characteristics. following: wear evidence and debris, cracking, or The investigations should include an 1. The selection of materials to be fracture) may be associated with the use evaluation of comparability between used in device manufacture and their of the devices over time? treatment groups and control groups toxicological evaluation should initially 6. Do the devices allow sufficient (including historical controls). Baseline take into account a full characterization comfort for the user? (e.g., age, gender, etc.) and other of the materials, such as chemical 7. What criteria are used to select the variables should be measured and composition of components, known and correct size of TMJ prostheses for compared between the treatment and suspected impurities, and processing. individual patients? control groups. The baseline variables Any surface coatings to be applied are 8. How is the individual occlusal should be measured at the time of to be fully characterized, including plane determined to avoid traumatic treatment assignment, not during the materials, physical specifications, and occlusion? course of the study. Other variables application processes. 9. Do the devices allow the patients to should be measured during the study as 2. The materials of manufacture, the be able to masticate food, insofar as oral needed to completely characterize the final product and possible leachable and psychologic conditions will permit? particular device’s safety and chemicals or degradation products 10. Does use of the devices result in effectiveness. should be considered for their relevance the individual patient presenting a to the overall toxicological evaluation of normal individual appearance that C. Study Design the devices. satisfies esthetic requirements? All potential sources of error, 3. Any in vitro or in vivo experiments Statistically valid investigations including selection bias, information or tests must be conducted according to should include a clear statement of the bias, misclassification bias, comparison recognized good laboratory practices objectives, method of selection of bias, or other potential biases should be followed by an evaluation by competent subjects, nature of the control group, evaluated and minimized. The study informed persons. effectiveness and/or safety parameters, should clearly measure any possible 4. Any change in chemical method of analysis, and presentation of placebo effect. Treatment effects should composition, manufacturing process, statistical results of the study. be based on objective measurements. physical configuration or intended use Appropriate rationale, supported by The validity of these measurement of the devices must be evaluated with background literature on previous uses scales should be shown to ensure that respect to possible changes in of the particular TMJ prosthesis and the treatment effect being measured toxicological effects and the need for proposed mechanisms for its effect, reflects the intended uses of the additional testing. should be presented as justification for particular device. 5. The biocompatibility evaluation the questions to be answered, and the Adherence to the protocol by subjects, performed in accordance with the definitions of study endpoints and investigators, and all other individuals guidance should be considered in success. Clear study hypotheses should involved is essential and requires conjunction with other information be formulated based on this monitoring to assure compliance by from other nonclinical studies and information. both patients and dental practitioners. postmarket experiences for an overall B. Study Sample Requirements Subject exclusion due to dropout or loss safety assessment. to follow up greater than 20 percent may Examples of questions to be addressed The subject population should be well invalidate the study due to bias by the clinical studies may include the defined. Ideally, the study population potential; therefore, initial patient following: should be as homogeneous as possible screening and compliance of the final 1. What morbidity (jaw dysfunction or in order to minimize selection bias and subject population will be needed to limited range of motion, degenerative reduce variability. Otherwise a large minimize the dropout rate. All dropouts changes to the natural articulating population may be necessary to achieve must be accounted for and the surfaces, erosion or resorption of the statistical significance. Independent circumstances and procedures used to glenoid fossa or mandibular condyle, studies producing comparable results at ensure patient compliance must be well intense pain, joint arthritis, perforation multiple study sites using identical documented. into the middle cranial fossa, foreign protocols are necessary to demonstrate Endpoint assessment cannot be based body or allergic reactions, repeatability. Justification must be solely on statistical value. Instead, the multinucleated giant cells, infection, provided for the sample size used to clinical outcome must be carefully chronic pain, changes in the show that a sufficient number of TMJ defined to distinguish between the contralateral joint, malocclusion, joint disorder patients were enrolled to attain evaluation of the proper function of the noise, crepitus, avascular necrosis, statistically and clinically meaningful device versus its benefit to the subject. fibrous ankylosis difficulty in chewing, results. Eligibility criteria for the subject Statistical significance and effectiveness calcification, granulomatous reaction, population should include the subject’s of the device must be demonstrated by facial nerve and muscle weakness, potential for benefit, the ability to detect the statistical results. paralysis, hearing problems, or a benefit in the subject, the absence of Observation of all potential adverse hematoma formation) is associated with both contraindications and any effects must be recorded and monitored the subject device in the patient competing risk and assurance of subject throughout the study and the followup population and how does this compare compliance. In a heterogeneous sample, period. All adverse effects must be to the control? stratification of the patient groups documented and evaluated. 2. What impact do the devices have participating in the clinical study may D. Statistical Analysis Plan on the jaw function? be necessary to analyze homogeneous 3. What are the long term effects of subgroups and thereby minimize The involvement of a biostatistician is the devices on the oral tissue? potential bias. All endpoint variables recommended to provide proper 4. What changes in physical should be identified, and a sufficient guidance in the planning, design, characteristics of the prostheses can take number of patients from each subgroup conduct, and analysis of a clinical place over time? analysis should be included to allow for study. There must be sufficient 38236 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules documentation of the statistical analysis containing the information required by 9. Wagner, J. D., and E. L. Mosby, and results including comparison group § 860.123 (21 CFR 860.123), including ‘‘Assessment of ProplastTM-Teflon Disc selection, sample size justification, information relevant to the classification Replacements,’’ Journal of Oral and stated hypothesis test(s), population of the device, and shall, under section Maxillofacial Surgery, 48:1140–1144, 1990. demographics, study site pooling 10. Florine, B. K. et al., ‘‘Tomographic 515(b)(2)(B) of the act, be submitted by Evaluation of Temporomandibular Joints justification, description of statistical August 1, 1997. Following Discoplasty or Replacement of tests applied, clear presentation of data The agency advises that, to ensure Polytetrafluoroethylene Implants,’’ Journal of and a clear discussion of the statistical timely filing of any such petition, any Oral and Maxillofacial Surgery, 48:183–188, results, and conclusions. request should be submitted to the 1988. In addition to this generalized Dockets Management Branch (address 11. Heffez, L. et al., ‘‘CT Evaluation of TMJ guidance, the investigator or sponsor is above) and not to the address provided Disc Replacement with a ProplastTM Teflon expected to incorporate additional in § 860.123(b)(1). If a timely request for Laminate,’’ Journal of Oral and Maxillofacial requirements necessary for a well- a change in the classification of the total Surgery, 45:657–665, 1987. controlled scientific study. These 12. Ryan, D. E., ‘‘Alloplastic Implants in TMJ prosthesis, the glenoid fossa the Temporomandibular Joint,’’ Oral and additional requirements are dependent prosthesis, the mandibular condyle Maxillofacial Surgery Clinics of North on what the investigator or sponsor prosthesis or the interarticular disc America, 1:427, 1989. intends to measure or what the expected prosthesis (interpositional implant) is 13. Valentine, J. D., ‘‘Light and Electron treatment effect is based on each submitted, the agency will, by Microscopic Evaluation of ProplastTM II TMJ device’s intended use. September 15, 1997, after consultation Disc Implants,’’ Journal of Oral and Maxillofacial Surgery, 47:689–696, 1989. E. Clinical Analysis with the appropriate FDA advisory committee and by an order published in 14. Logrotteria, L. et al., ‘‘Patient with The analysis which results from the the Federal Register, either deny the Lymphadenopathy Following study should include a complete Temporomandibular Joint Arthroplasty with request or give notice of its intent to ProplastTM,’’ The Hour of Craniomandibular description of all the statistical initiate a change in the classification of procedures employed, including Practice, vol. 4, No. 2:172–178, 1986. the device in accordance with section 15. Berarduci, J. P. et al., ‘‘Perforation into assumption verification, pooling 513(e) of the act and 21 CFR 860.130 of Middle Cranial Fossa as a Sequel to Use of justification, population selection, the regulations. a ProplastTM Teflon Implant for statistical model selection, etc. If any Temporomandibular Joint Reconstruction,’’ procedures are uncommon or derived by IV. References Journal of Oral and Maxillofacial Surgery, the investigator or sponsor for the The following references have been 46:496–498, 1990. specific analysis, an adequate placed on public display in the Dockets 16. Berman, D. N., and S. L. Pronstein, description must be provided of the Management Branch (address above) ‘‘Osteo Phytic Reaction to a Polytetrafluoroethylene Temporomandibular procedure for FDA to assess its utility and may be seen by interested persons and adequacy. Data analysis and Joint Implant,’’ Oral Surgery, Oral Medicine, between 9 a.m. and 4 p.m., Monday Oral Pathology (continues the Oral Surgery interpretations from the clinical through Friday. Section of the American Journal of investigation should relate to the 1. Transcripts of the Dental Products Panel Orthodontics and Oral Surgery), 69:20–23, medical claims. meeting, April 21,1989. 1990. 2. Transcripts of the Dental Products Panel F. Monitoring meeting, February 11,1993. V. Environmental Impact Rigorous monitoring is required to 3. Fontenot, M. G., and J. N. Kent, ‘‘In-Vitro assure that the study procedures are and In-Vivo Wear Performance of TMJ The agency has determined under 21 collected in accordance with the study Implants,’’ abstract, International Association CFR 25.24(a)(8) that this action is of a protocol. Attentive monitors, who have of Dental Research, 1991. type that does not individually or 4. Kent, J. N., and M. S. Block, cumulatively have a significant effect on appropriate credentials and who are not ‘‘Comparison of FEP and UPE Glenoid Fossa aligned with patient management or the human environment. Therefore, Prosthesis,’’ abstract, International neither an environmental assessment otherwise biased, contribute Association of Dental Research, 1991. prominently to a successful study. nor an environmental impact statement 5. ‘‘Clinical Information on the Vitek TMJ is required. III. Opportunity to Request a Change in Interpositional (IPI) Implant and the Vitek- Kent (VK) Vitek-Kent 1 (VK–1) TMJ VI. Analysis of Impacts Classification Implants,’’ and ‘‘Vitek Patient Notification Before requiring the filing of a PMA Program,’’ an FDA publication, 1991. FDA has examined the impacts of the or a notice of completion of a PDP for 6. Kent, J. N., ‘‘VK Partial and Total Joint proposed rule under Executive Order a device, FDA is required by section Reconstruction,’’ Current Concepts of TMJ 12866 and the Regulatory Flexibility Act 515(b)(2)(A)(i) through (b)(2)(A)(iv) of Total Joint Replacement, University of (5 U.S.C. 601–612). Executive Order Medicine and Dentistry of New Jersey, pp. 1– 12866 directs agencies to assess all costs the act and 21 CFR 860.132 to provide 8, March 1992. an opportunity for interested persons to 7. Primely, D., ‘‘Histological and and benefits of available regulatory request a change in the classification of Radiological Evaluation of the ProplastTM- alternatives and, when regulation is the device based on new information Teflon Interpositional Implant in necessary, to select regulatory relevant to its classification. Any Temporomandibular Joint Reconstruction approaches that maximize net benefits proceeding to reclassify the device will Following Meniscectomy,’’ thesis, Masters (including potential economic, be under the authority of section 513(e) degree in Oral Maxillofacial Surgery, environmental, public health and safety, of the act. University of Iowa, May 1987. and other advantages; distributive A request for a change in the 8. Westlund, K. J.,‘‘An Evaluation Using impacts; and equity). The agency classification of the total TMJ Computerized Tomography of Clinically believes that this proposed rule is Asymptomatic Patients Following prosthesis, the glenoid fossa prosthesis, Meniscectomy and Temporomandibular Joint consistent with the regulatory the mandibular condyle prosthesis, and Reconstruction Using the ProplastTM-Teflon philosophy and principles identified in the interarticular disc prosthesis Interpositional Implant,’’ thesis, Masters the Executive Order. In addition, the (interpositional implant) is to be in the Degree in Oral and Maxillofacial Surgery, proposed rule is not a significant form of a reclassification petition University of Iowa, May 1989. regulatory action as defined by the Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38237

Executive Order and so is not subject to 2. Section 872.3940 is amended by substantially equivalent to a mandibular review under the Executive Order. revising paragraph (c) to read as follows: condyle prosthesis that was in The Regulatory Flexibility Act commercial distribution before May 28, requires agencies to analyze regulatory § 872.3940 Total temporomandibular joint 1976. Any other mandibular condyle prosthesis. options that would minimize any prosthesis shall have an approved PMA significant impact of a rule on small * * * * * or a declared completed PDP in effect entities. Because the total TMJ (c) Date premarket approval before being placed in commercial prosthesis, the glenoid fossa prosthesis, application (PMA) or notice of distribution. the mandibular condyle prosthesis and completion of a product development 5. Section 872.3970 is amended by the interarticular disc prosthesis protocol (PDP) is required. A PMA or a revising paragraph (c) to read as follows: (interpositional implant) have been notice of completion of a PDP is classified into class III since December required to be filed on or before (date 90 § 872.3970 Interarticular disc prosthesis 12, 1994, and manufacturers of such days after the effective date of a final (interpositional implant). TMJ prostheses legally in commercial rule based on this proposed rule), for * * * * * distribution before May 28, 1976, or any total temporomandibular joint (c) Date premarket approval found by FDA to be substantially (TMJ) prosthesis that was in commercial application (PMA) or notice of equivalent to such devices, will be distribution before May 28, 1976, or that completion of a product development permitted to continue marketing during has on or before (date 90 days after the protocol (PDP) is required. A PMA or a FDA’s review of the PMA or notice of effective date of a final rule), been found notice of completion of a PDP is completion of the PDP, the to be substantially equivalent to a total required to be filed on or before (date 90 Commissioner of Food and Drugs TMJ prosthesis that was in commercial days after the effective date of a final certifies that the proposed rule will not distribution before May 28, 1976. Any rule based on this proposed rule), for have a significant economic impact on other total TMJ prosthesis shall have an any interarticular disc prosthesis a substantial number of small entities. approved PMA or a declared completed (interpositional implant) that was in Therefore, under the Regulatory PDP in effect before being placed in commercial distribution before May 28, Flexibility Act, no further analysis is commercial distribution. 1976, or that has on or before (date 90 required. 3. Section 872.3950 is amended by days after the effective date of a final revising paragraph (c) to read as follows: rule), been found to be substantially VII. Comments equivalent to an interarticular disc § 872.3950 Glenoid fossa prosthesis. Interested persons may, on or before prosthesis (interpositional implant) that October 15, 1997, submit to the Dockets * * * * * was in commercial distribution before Management Branch (address above) (c) Date premarket approval May 28, 1976. Any other interarticular written comments regarding this application (PMA) or notice of disc prosthesis (interpositional implant) proposal. Two copies of any comments completion of a product development shall have a PMA or a declared PDP in are to be submitted, except that protocol (PDP) is required. A PMA or a effect before being placed in commercial individuals may submit one copy. notice of completion of a PDP is distribution. Interested persons may, on or before required to be filed on or before (date 90 August 1, 1997, submit to the Dockets days after the effective date of a final Dated: July 3, 1997. Management Branch a written request to rule based on this proposed rule), for Joseph A. Levitt, change the classification of the total any glenoid fossa prosthesis that was in Deputy Director for Regulations Policy, Center TMJ prosthesis, glenoid fossa prosthesis, commercial distribution before May 28, for Devices and Radiological Health. mandibular condyle prosthesis, or the 1976, or that has on or before (date 90 [FR Doc. 97–18831 Filed 7–16–97; 8:45 am] interarticular disc prosthesis days after the effective date of a final BILLING CODE 4160±01±F (interpositional implant). Two copies of rule), been found to be substantially any request are to be submitted, except equivalent to a glenoid fossa prosthesis that individuals may submit one copy. that was in commercial distribution ENVIRONMENTAL PROTECTION Comments or requests are to be before May 28, 1976. Any other glenoid AGENCY identified with the docket number fossa prosthesis shall have an approved found in brackets in the heading of this PMA or a declared completed PDP in 40 CFR Part 81 document. Received comments and effect before being placed in commercial [LA±41±1±7342, FRL±5859±3] requests may be seen in the office above distribution. between 9 a.m. and 4 p.m., Monday 4. Section 872.3960 is amended by Designation of Areas for Air Quality through Friday. revising paragraph (c) to read as follows: Planning Purposes; State of Louisiana; List of Subjects in 21 CFR Part 872 § 872.3960 Mandibular condyle prosthesis. Correction of the Designation for Lafourche Parish Medical devices. * * * * * Therefore, under the Federal Food, (c) Date premarket approval AGENCY: Environmental Protection Drug, and Cosmetic Act and under application (PMA) or notice of Agency (EPA). authority delegated to the Commissioner completion of a product development ACTION: Proposed correction. of Food and Drugs, it is proposed that protocol (PDP) is required. A PMA or a 21 CFR part 872 be amended as follows: notice of completion of a PDP is SUMMARY: This document announces required to be filed on or before (date 90 EPA’s proposal to correct the PART 872ÐDENTAL DEVICES days after the effective date of a final designation of Lafourche Parish, 1. The authority citation for 21 CFR rule based on this proposed rule), for Louisiana, to nonattainment for ozone. part 872 continues to read as follows: any mandibular condyle prosthesis that Subsequent to publication, but prior to Authority: Secs. 501, 510, 513, 515, 520, was in commercial distribution before the effective date of the approval action 701 of the Federal Food, Drug, and Cosmetic May 28, 1976, or that has on or before in this matter, Lafourche Parish violated Act (21 U.S.C. 351, 360, 360c, 360e, 360j, (date 90 days after the effective date of the ozone standard. Pursuant to the 371). a final rule), been found to be Clean Air Act (the Act), which allows 38238 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules

EPA to correct its actions, EPA is today dated September 4, 1992, entitled effective in light of the violation was in proposing to correct the designation of Procedures for Processing Requests to conflict with the statute, EPA policy, Lafourche Parish to nonattainment for Redesignate Areas to Attainment. This language contained in the Lafourche ozone. policy memorandum provides that if approval, and other notices of DATES: Comments on this proposed monitoring data indicates a violation of disapproval published by EPA for areas action must be received by August 18, the NAAQS before the redesignation that had violated the NAAQS while 1997. action is effective, the approval of the their redesignation requests were ADDRESSES: Comments should be redesignation action should be pending. These other areas include mailed to Thomas H. Diggs, Chief, Air withdrawn or disapproved. Richmond, Virginia, (59 FR 22757), the Planning Section (6PD–L), EPA, Region Language in the direct final notice of Pittsburgh-Beaver Valley nonattainment 6, 1445 Ross Avenue, Dallas, Texas August 18, 1995, restates this policy as area, (61 FR 19193), the Kentucky 75202–2733. Copies of information follows: ‘‘If the monitoring data records portion of the Cincinnati-Hamilton relevant to this action are available for a violation of the NAAQS before the nonattainment area, (61 FR 50718), the inspection during normal hours at the direct final action is effective, the direct Ohio portion of the Cincinnati-Hamilton following locations: Environmental final approval of the redesignation will nonattainment area, (62 FR 7194), and Protection Agency, Region 6, Air be withdrawn and a proposed Birmingham, Alabama, (62 FR 23421). Planning Section (6PD–L), 1445 Ross disapproval substituted for the direct The EPA is soliciting comment on our Avenue, Suite 700, Dallas, Texas 75202– final approval’’ (60 FR 43021–43022). proposed correction of this area back to 2733. The ozone monitor in Lafourche Parish nonattainment for ozone. recorded a violation (a fourth Anyone wishing to review this III. Proposed Action proposal at the Region 6 EPA office is exceedance of the ozone standard in asked to contact the person below to three years) on August 27, 1995, during In 60 FR 43020, EPA issued a direct schedule an appointment 24 hours in the 30-day comment period of EPA’s final rule promulgating a change to the advance. approval action on the redesignation designation of Lafourche Parish, request. The EPA did not withdraw its FOR FURTHER INFORMATION CONTACT: Lt. Louisiana to attainment for ozone, and approval of the redesignation action, Mick Cote, Air Planning Section (6PD– amended 40 CFR parts 52 and 81 and it took effect on October 18, 1995. L), Environmental Protection Agency, accordingly. In today’s action, EPA is The fourth exceedance was validated on Region VI, 1445 Ross Avenue, Dallas, proposing to correct an error by January 10, 1996. Texas 75202–2733, telephone (214) changing the designation of Lafourche 665–7219. II. Correction of Error Under Section Parish to an ozone nonattainment area, 110(k)(6) and classifying it as an ozone SUPPLEMENTARY INFORMATION: nonattainment incomplete data area. Section 110(k)(6) of the Act provides Today’s action also proposes an I. Background that whenever the Regional amendment to 40 CFR parts 52 and 81 Lafourche Parish was originally Administrator determines that the to reflect the change in designation. designated as nonattainment for ozone Regional Administrator’s action These actions are proposed in on September 11, 1978 (40 CFR 81.319). approving, disapproving, or accordance with section 110(k)(6) of the Under the Act, as amended in 1990, the promulgating any plan or plan revision Act. area retained its designation of (or part thereof), area designation, nonattainment and was classified as an redesignation, classification, or IV. Administrative Requirements incomplete data area by operation of reclassification was in error, the A. Executive Order (E.O.) 12866 law pursuant to sections 107(d) and Regional Administrator may in the same 181(a) of the Act (56 FR 56694). manner as the approval, disapproval, or The Office of Management and Budget On November 18, 1994, the State of promulgation revise such action as has exempted this regulatory action Louisiana submitted a maintenance plan appropriate without requiring any from E.O. 12866 review. and redesignation request for Lafourche further submission from the State. Such B. Regulatory Flexibility Act Parish to EPA for approval. On August determination and the basis thereof 18, 1995, EPA issued a direct final shall be provided to the State and The Regulatory Flexibility Act (RFA), notice approving Louisiana’s public. The EPA interprets this 5 U.S.C. 600 et seq., requires any federal redesignation request (60 FR 43020), provision to authorize the Agency to agency, when it develops a rule, to because it met the maintenance plan make corrections to a promulgation identify and address the impact of the and redesignation requirements set forth when it is shown to EPA’s satisfaction rule on the small businesses and other in the Act. Section 107(d)(1)(A)(ii) of the that an error occurred in failing to small entities that will be subject to the Act, 42 U.S.C. 7407(d)(1)(A)(ii), consider or inappropriately considering rule (RFA sections 603 and 604). This provides that an attainment area is one information available to EPA at the time requirement applies to any rule subject that ‘‘meets’’ the National Ambient Air of the promulgation, or the information to notice-and-comment rulemaking Quality Standards (NAAQS). Section made available at the time of requirements, unless the agency certifies 107(d)(3)(E)(i) of the Act, 42 U.S.C. promulgation is subsequently that the rule will not have a significant 7407(d)(3)(E)(i), prohibits EPA from demonstrated to have been clearly economic impact on a substantial redesignating an area to attainment inadequate. number of small entities (RFA section unless EPA determines that the area The EPA’s initial action to redesignate 605(b)). Besides small businesses, small ‘‘has attained’’ the NAAQS. The EPA’s Lafourche Parish to attainment (60 FR entities include small governments with redesignation policy includes language 43020), was based on a demonstration jurisdictions of less than 50,000 people to address how EPA will respond to a that the area met the NAAQS for ozone. and small nonprofit organizations. monitored violation of the NAAQS prior Monitoring data recorded during the Today’s action is not subject to notice- to the effective date of a redesignation comment period on the initial action and-comment rulemaking requirements. action. indicate that the area was in violation of As an action under section 110(k)(6) of The EPA’s redesignation policy is the ozone standard, and EPA’s action to the Act, it is governed by section 553 of discussed in a guidance memorandum allow the redesignation to become the Administrative Procedure Act Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38239

(APA), 5 U.S.C. 551 et seq. That section small entities in the Parish. However, Reporting and recordkeeping, and provides that an agency must provide these controls were applicable before volatile organic compounds. public notice of, and an opportunity to the erroneous designation to attainment; 40 CFR Part 81 comment on, a proposed rule unless the correcting that mistake will only put the agency finds for good cause that small entities in that area in the place Environmental protection, Air providing notice-and-comment they were prior to the mistake being pollution control, National parks and procedures for the rule are made. wilderness areas, Designation of areas ‘‘impracticable, unnecessary or contrary Beyond that, the purpose of the RFA for air quality planning purposes. to the public interest’’ (section 553(b)). is to promote Federal agency efforts to Authority: 42 U.S.C. 7401–7871q. The Agency believes there is good tailor a rule’s requirements to the scale Dated: July 8, 1997. cause for finding public notice and of the small entities that will be subject Jerry Clifford, comment procedures unnecessary for to it. That purpose cannot be served in this action to correct the designation of Acting Regional Administrator. the case of State control requirements. [FR Doc. 97–18858 Filed 7–16–97; 8:45 am] Lafourche Parish. As EPA explained in Some of the control requirements BILLING CODE 6560±50±P the notice of August 18, 1995, Lafourche included in States’ SIPs are prescribed Parish could not be designated to to some extent by the Act. Even so, the attainment if the area experienced a only issue before EPA in actions such as violation of the ozone NAAQS during ENVIRONMENTAL PROTECTION this one is the proper designation of a the period for public comment on the AGENCY particular area. The implementation notice. Lafourche Parish in fact consequences of a designation are 40 CFR Part 300 experienced a violation during the beyond the scope of such actions, and public comment period, but the Agency [FRL 5857±6] indeed, beyond EPA’s reach to the did not withdraw its notice approving extent they are dictated by the Act itself the redesignation. The Agency is now National Oil and Hazardous or are left to States’ discretion. In light proposing to correct that error. Since the Substances Pollution Contingency of all the above, if the RFA were public had an opportunity to comment Plan National Priorities List on the original notice and the Agency is applicable to this action, the Agency would certify that it will not have a AGENCY: Environmental Protection only correcting a mistake with this Agency. action, public notice and comment on significant economic impact on a ACTION: today’s notice is not legally necessary. substantial number of small entities. Notice of intent to delete the Bruin Lagoon Site from the National The Agency is nonetheless voluntarily C. Unfunded Mandates using notice-and-comment procedures Priorities List and request for comments. Under section 202 of the Unfunded to make this correction. SUMMARY: Mandates Reform Act of 1995, signed The Environmental Protection As an action not subject to notice-and- Agency (EPA) Region III announces its comment requirements, this action is into law on March 22, 1995, EPA must prepare a budgetary impact statement to intent to delete the Bruin Lagoon Site also not subject to the RFA requirement (Site) from the National Priorities List to prepare regulatory flexibility accompany any proposed or final rule that includes a Federal mandate that (NPL) and requests public comment on analyses. Moreover, this action will not this action. The NPL constitutes establish any requirements applicable to may result in estimated costs to State, local, or tribal governments in the Appendix B of 40 CFR part 300 which small entities. It simply corrects the is the National Oil and Hazardous designation of the area by restoring the aggregate; or to private sector, of $100 Substances Pollution Contingency Plan nonattainment designation that was million or more. Under section 205, (NCP), which EPA promulgated erroneously changed to attainment. The EPA must select the most cost-effective pursuant to section 105 of the RFA requires analyses of a rule’s and least burdensome alternative that Comprehensive Environmental requirements as they would apply to achieves the objectives of the rule and Response, Compensation, and Liability small entities. If the rule does not apply is consistent with statutory Act (CERCLA), as amended. EPA and to small entities, an RFA analysis is requirements. Section 203 requires EPA the State of Pennsylvania have inapplicable. to establish a plan for informing and Further, it is unlikely that this action advising any small governments that determined that all appropriate CERCLA will result in State imposition of control may be significantly or uniquely response actions have been requirements that are different from impacted by the rule. implemented and that no further cleanup is appropriate. Moreover, EPA those applicable in Lafourche Parish The EPA has determined that this before the erroneous change in and the State have determined that action does not include a Federal remedial activities conducted at the Site designation status. Under Title I of the mandate that may result in estimated Act, States are primarily responsible for to date have been protective of public costs of $100 million or more to either health, welfare, and the environment. establishing control requirements State, local, or tribal governments in the DATES: Comments concerning the needed to attain and the maintain the aggregate, or to the private sector. This proposed deletion of this Site from the NAAQS. Louisiana has adopted an Federal action simply proposes to NPL may be submitted on or before implementation plan that includes correct an error in the designation for August 18, 1997. control requirements that apply to the reasons described above and does particular sources or categories of not, in itself, impose any mandates. ADDRESSES: Comments may be sources, depending on a number of submitted to Garth Connor, (3HW22), factors, including the designation status List of Subjects Project Manager, U.S. Environmental of the area in which a source is located. 40 CFR Part 52 Protection Agency, 841 Chestnut As a result of today’s action, Louisiana Building, Philadelphia, Pennsylvania, will once again have to apply some of Environmental protection, Air 19107, (215) 566–3209. those control programs in Lafourche pollution control, Hydrocarbons, Comprehensive information on this Parish. Some of those programs may Incorporation by reference, Site is available through the public ultimately impose requirements on Intergovernmental regulations, Ozone, docket which is available for viewing at 38240 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules the Site Information Repositories at the appropriate response actions required; (ii) Publish a notice of availability of following locations: or the notice of intent to delete in a major U.S. EPA Region III, Hazardous Waste (ii) All appropriate Fund-financed local newspaper of general circulation at Technical Information Center, 841 responses under CERCLA have been or near the site that is proposed for Chestnut Building, Philadelphia, PA implemented and EPA, in consultation deletion; 19107, (215) 566–5363. with the State, has determined that no (iii) Place copies of information Bruin Borough Fire Hall, 161 Water further cleanup by responsible parties is supporting the proposed deletion in the Street, Bruin, PA 16022, (412) 753– appropriate; or information repository at or near the site 2622. (iii) Based on a remedial proposed; and, FOR FURTHER INFORMATION CONTACT: Mr. investigation, EPA, in consultation with (iv) Respond to each significant Garth Connor (3HW22), U.S. EPA the State, has determined that the comment and any significant new data Region III, 841 Chestnut Building, release poses no significant threat to submitted during the comment period Philadelphia, PA, 19107, (215) 566– public health or the environment and, in a Responsiveness Summary. If appropriate, after consideration of 3209. therefore, taking of remedial measures is comments received during the public not appropriate. SUPPLEMENTARY INFORMATION: comment period, EPA then publishes a (iv) In addition to the above, for all notice of deletion in the Federal Table of Contents: remedial actions which result in Register and places the final deletion I. Introduction hazardous substances, pollutants, or II. NPL Deletion Criteria package, including the Responsiveness contaminants remaining at the site Summary, in the Site repositories. III. Deletion Procedures above levels that allow for unlimited IV. Basis for Intended Site Deletion Deletion of sites from the NPL does not use and unrestricted exposure, CERCLA itself create, alter, or revoke any I. Introduction section 121(c), 42 U.S.C. 9621(c), the individual’s rights or obligations. As NCP at 40 CFR 300.430(f)(4)(ii) and EPA The Environmental Protection Agency stated in Section II of this document, policy, OSWER Directive 9320.2–09, (EPA) Region III announces its intent to § 300.425(e)(3) of the NCP provides that dated August 1995, provide that a delete the Bruin Lagoon Site, Bruin the deletion of a site from the NPL does subsequent review of the site will be Borough, Butler County, Pennsylvania, not preclude eligibility for future conducted at least every five years after from the National Priorities List (NPL), response. the initiation of the first remedial action Appendix B of the National Oil and to ensure that the site remains IV. Basis for Intended Site Deletion Hazardous Substances Pollution protective of public health and the Contingency Plan (NCP), and requests The Bruin Lagoon Site occupies environment. In the case of this Site, comments on this deletion. The EPA nearly six fenced acres, and is located EPA conducted a ‘‘five year review’’ in identifies sites that appear to present a in Bruin Borough, Butler County, April, 1993. Based on this review, EPA significant risk to public health, welfare, Pennsylvania approximately 45 miles determined that conditions at the Site or the environment and maintains the north of Pittsburgh. The Site is partially remain protective of public health and NPL as the list of those sites. Sites on situated in the 100-year flood plain of the environment. As explained below, the NPL may be the subject of remedial the South Branch of Bear Creek, a the Site means the NCP’s deletion actions financed by the Hazardous tributary of the Allegheny River. The criteria listed above. Five-year reviews Substance Superfund Response Trust Site is bounded on the west by State will continue to be conducted at the site Fund (Fund). Pursuant to § 300.425(e)(3) Route 268 and residential properties, on until no hazardous substances, of the NCP, any site deleted from the the north by a residential property, on pollutants, or contaminants remain NPL remains eligible for Fund-financed the east by the South Branch of Bear above levels that allow for unlimited remedial actions if conditions at the site Creek, and on the south by an unnamed use and unrestricted exposure. Releases warrant such action. tributary of Bear Creek. A tributary of EPA will accept comments on the shall not be deleted from the NPL until the Allegheny River. proposal to delete this Site from the the state in which the release was Operations began at the Site in the NPL for thirty calendar days after located has concurred on the proposed 1930s when it was used as a disposal publication of this document in the deletion. 40 CFR 300.425(e)(2). area for petroleum refining wastes. For Federal Register. All releases deleted from the NPL are over forty years, Bruin Lagoon was used Section II of this document explains eligible for further Fund-financed for the disposal of sludge from the criteria for deleting sites from the remedial actions should future production of white oil (mineral oil), NPL. Section III discusses procedures conditions warrant such action. motor oil reclamation wastes, settlings that EPA is using for this action. Section Whenever there is a significant release from crude storage tanks, and spent IV discusses how the Site meets the from a site deleted from the NPL, the bauxite from white oil filtration. Other deletion criteria. site can be restored to the NPL without wastes which may have been deposited application of the Hazard Ranking in the lagoon during this period include II. NPL Deletion Criteria System. 40 CFR 300.425(e)(3). sodium hydroxide, sodium bicarbonate, The NCP establishes the criteria that III. Deletion Procedures refined oils, ash and coal fines. the Agency uses to delete sites from the The Bruin Lagoon Site gained NPL. In accordance with 40 CFR Section 300.425(e)(4) of the NCP sets national attention in 1968 when the 300.425(e), sites may be deleted from forth requirements for site deletions to lagoon overflowed its dike into the the NPL where no further response is assure public involvement in the adjoining Bear Creek. As a result of the appropriate. In making this decision. During the proposal to delete spill, an estimated three million fish determination, EPA will consider a site from the NPL, EPA is required to were killed in the Bear Creek and the whether any of the following criteria conduct the following activities: Allegheny River. The Site was proposed have been met: (i) Publish a notice of intent in the to the National Priority List in October, (i) EPA, in consultation with the Federal Register and solicit comment 1981 and was finalized in September, State, has determined that responsible through a public comment period of a 1983. In June 1981, EPA began a fund- or other parties have implemented all minimum of 30 calendar days; lead Remedial Investigation and Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38241

Feasibility Study (RI/FS) at the Site. the two RODs, as modified and FOR FURTHER INFORMATION CONTACT: EPA installed monitoring wells and expanded in the EPA-approved Britanya Rapp, Associate General collected samples from surface water, Remedial Designs. The completion of Counsel, Corporation for National and lagoon sludge, and liquids contained in the cleanup has resulted in the Community Service at (202) 606–5000, onsite tanks. A Record of Decision significant reduction of the long-term ext. 258. (ROD) was signed in June, 1982 which potential for release of contaminated SUPPLEMENTARY INFORMATION: The called for onsite containment and dike wastes within the lagoon area to the Corporation proposes this rulemaking in stabilization at the Site. surrounding environment. Human order to clarify policies, procedures, and In April, 1984, toxic gases were health threats and potential responsibilities regarding: released from the lagoon when a environmental impacts from the Site (1) the service of legal process on the previously unidentified crust layer was have been minimized. EPA and the Corporation and any individuals broken during the remedial State of Pennsylvania find that the connected with the Corporation; construction. The gas was found to remedies implemented continue to (2) the production of official contain dangerous concentrations of provide adequate protection of human Corporation information in matters of carbon dioxide, sulfuric acid mist and health and the environment. litigation; and hydrogen sulfide. Based on these EPA, with the concurrence of the (3) the appearance of, and testimony findings, EPA suspended the cleanup State of Pennsylvania, believes that all by, any individuals connected with the activity at the Site, and began an the criteria for deletion of this Site have Corporation in matters of litigation. immediate removal action to prevent a been met. Therefore, EPA is proposing The Corporation expects this further release of toxic gas into the deletion of this Site from the NPL. proposed rule will promote consistency nearby residential community. As part Dated: June 24, 1997. in the Corporation’s assertions of privileges and objections, thereby of this removal action, the open lagoon W. Michael McCabe, was covered, sludges were stabilized, reducing the potential for both Regional Administrator, USEPA Region III. gas monitoring wells were installed, and inappropriate disclosure of information additional soil and sludge samples were [FR Doc. 97–18405 Filed 7–16–97; 8:45am] and wasteful allocation of Corporation collected for further analysis. The BILLING CODE 6560±50±M resources. This rule is intended only to removal action was completed in inform the public about Corporation September, 1984. procedures concerning the service of In January 1985, EPA began a second CORPORATION FOR NATIONAL AND process and responses to demands or RI/FS at the Site. In September 1986, a COMMUNITY SERVICE requests and is not intended to create second ROD for the Site was signed. The any right or benefit, substantive or remedy in this ROD included onsite 45 CFR Chapter XII and Part 1201 procedural, enforceable at law by a stabilization of sludges in the lagoon Service of Process; Production or party against the Corporation or the area, completion of the dike Disclosure of Official Material or United States. The proposed regulations are not reinforcement, installation of a new Information monitoring well network and capping subject to the provisions of the the lagoon area with a multi-layer cap. AGENCY: Corporation for National and Paperwork Reduction Act, the Freedom This construction was completed in Community Service. of Information Act, or the Government March, 1992. Approximately 80,000 ACTION: Notice of proposed rulemaking; in the Sunshine Act because they do not cubic yards of contaminated waste were Request for public comment. contain any information requirements stabilized and placed under the multi- within the meaning of those Acts. These layer cap. SUMMARY: The Corporation for National regulations also do not signify a A five-year review has been and Community Service (Corporation) ‘‘significant regulatory action’’ as conducted and was completed in April, proposes to remove its obsolete defined by Executive Order 12866, and 1993. The five-year review confirmed regulations on standards of conduct thus do not fall within the requirements that the remedy is in place, the multi- which have been superseded by the of that Order. Nothing in this part layer cap is working properly, and the Office of Government Ethics Uniform otherwise permits disclosure of ground surface is covered with Standards of Conduct (5 CFR Part 2635). information by the Corporation or any vegetation. It is therefore apparent that In place of those obsolete regulations individuals connected to the the remedy is still protective of the the Corporation seeks to replace Part Corporation except as provided by public health and the environment. The 1201 with a provision for the disclosure statute or other applicable law. of litigation-related information. The next five-year review must be completed List of Subjects in 45 CFR Part 1201 by April 30, 1998. Subsequent five-year Corporation expects this proposed rule reviews will be conducted pursuant to will promote consistency in the Administrative practice and OSWER Directive 9355.7–02. ‘‘Structure Corporation’s assertions of privileges procedure, Courts, Freedom of and Components of Five-Year Reviews,’’ and objections, thereby reducing the information. potential for both inappropriate or other applicable guidance where it The Proposed Regulations exists. disclosure of information and wasteful Long-term operation and maintenance allocation of Corporation resources. Accordingly, and under the authority activities at this Site are performed by DATES: All comments must be received of 42 U.S.C. 12501 et seq., the the State of Pennsylvania. These at the address listed below before Corporation proposes to amend Chapter activities includes annual inspections of August 18, 1997. XII of title 45 of the Code of Federal the Site to ensure that erosion control ADDRESSES: All comments must be Regulations as follows: 1. The heading for Chapter XII is measures are effective, routine mowing mailed to the attention of Britanya revised to read as follows: of the onsite vegetation, maintenance of Rapp, Associate General Counsel, the perimeter fence and periodic Corporation for National and CHAPTER XIIÐCORPORATION FOR sampling of the onsite monitoring wells. Community Service, 1201 New York NATIONAL AND COMMUNITY SERVICE The remedies selected for this Site has Ave, Suite 8200, Washington, DC 20525. 2. Part 1201 is revised to read as been implemented in accordance with Fascimilies will not be accepted. follows: 38242 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules

PART 1201ÐPRODUCTION OR demands directed to the Corporation or appearance or otherwise given notice of DISCLOSURE OF OFFICIAL to any employee of the Corporation in their representation, only the INFORMATION IN RESPONSE TO connection with Federal or State Corporation’s General Counsel, or his/ COURT ORDERS, SUBPOENAS, litigation arising out of, or involving the her delegate, is authorized to receive NOTICES OF DEPOSITIONS, performance of, official activities of the and accept subpoenas, or other demands REQUESTS FOR ADMISSIONS, Corporation; and or requests directed to any component INTERROGATORIES, OR IN (2) Oral or written disclosure, in of the Corporation or its employees, CONNECTION WITH FEDERAL OR response to subpoenas, orders, or other whether civil or criminal in nature, for: STATE LITIGATION requests or demands of Federal or State (1) Material, including documents, judicial or quasi-judicial authority, contained in the files of the Corporation; Sec. whether civil or criminal, or in response (2) Information, including testimony, 1201.1 Definitions. to requests for depositions, affidavits, 1201.2 Scope. affidavits, declarations, admissions, admissions, responses to interrogatories, 1201.3 Service of summonses and response to interrogatories, or informal document production, or other complaints. statements, relating to material 1201.4 Service of subpoenas, court orders, litigation-related matters of— (i) Any material contained in the files contained in the files of the Corporation and other demands or requests for or which any Corporation employee official information or action. of the Corporation; or 1201.5 Testimony and production of (ii) Any information acquired: acquired in the course and scope of the documents prohibited unless approved (A) When the subject of the request is performance of official duties; by appropriate Corporation officials. currently a Corporation employee or (3) Garnishment or attachment of 1201.6 Procedure when testimony or was an employee of the Corporation; or compensation of employees; or production of documents is sought. (B) As part of the performance of the (4) The performance or non- 1201.7 Procedure when response to person’s duties or by virtue of the performance of any official Corporation demand is required prior to receiving person’s position. instructions. duty. 1201.8 Procedure in the event of an adverse § 1201.3 Service of summonses and (b) In the event that any subpoena, ruling. complaints. demand, or request is sought to be 1201.9 Considerations in determining (a) Only the Corporation’s General delivered to a Corporation employee whether the Corporation will comply Counsel, or his/her delegate, is other than in the manner prescribed in with a demand or request. authorized to receive and accept paragraph (a) of this section, such 1201.10 Prohibition on providing expert or summonses or complaints sought to be opinion testimony. attempted service shall be ineffective. 1201.11 Authority. served upon the Corporations or its Such employee shall, after consultation Authority: 42 U.S.C. 12501 et seq. employees. All such documents should with the Office of the General Counsel, be delivered or addressed to General decline to accept the subpoena, and § 1201.1 Definitions. Counsel, Corporation for National and demand or request the return of it under (a) Employee means the Chief Community Service, 1201 New York cover of a written communication Executive Officer of the Corporation and Avenue, Suite 8200, Washington, DC referring to the procedures prescribed in all employees, former employees, 20525. this part. National Civilian Community Corps (b) In the event any summons or (c) Except as otherwise provided in Members, and VISTA volunteers who complaint is delivered to an employee this part, the Corporation is not an agent are or were subject to the supervision, of the Corporation other than in the for service or otherwise authorized to jurisdiction, or control of the Chief manner specified in this part, such accept on behalf of its employees any Executive Officer, except as the attempted service shall be ineffective, subpoenas, show-cause orders, or Corporation may otherwise determine in and the recipient thereof shall either similar compulsory process of federal or a particular case. decline to accept the proffered service state courts, or requests from private (b) Litigation encompasses all pre- or return such document under cover of individuals or attorneys, which are not trial, trial, and post-trial stages of all a written communication which directs related to the employees official duties judicial or administrative actions, the person attempting to make service to except upon the express, written hearings, investigations, or similar the procedures set forth in this part. authorization of the individual (c) Except as otherwise provided in proceedings before courts, commissions, Corporation employee to whom such § 1201.4(c), the Corporation is not an boards, or other judicial or quasi- demand or request is directed. judicial bodies or tribunals, whether authorized agent for service of process criminal, civil, or administrative in with respect to civil litigation against (d) Acceptance of such documents by nature. Corporation employees, CorpsMembers, the Corporation’s General Counsel, or (c) Official information means all or VISTA Members purely in their his/her delegate, does not constitute a information of any kind, however personal, non-official capacity. Copies waiver of any defenses that might stored, that is in the custody and control of summonses or complaints directed to otherwise exist with respect to service of the Corporation, relates to Corporation employees, CorpsMembers, under the Federal Rules of Civil or information in the custody and control or VISTA Members in connection with Criminal Procedure (28 U.S.C. of the Corporation, or was acquired by legal proceedings arising out of the appendix, Rules 4–6, or 18 U.S.C. individuals connected with the performance of official duties may, appendix) or other applicable rules. Corporation as part of their official however, be served upon the § 1201.5 Testimony and production of status within the Corporation while Corporation’s General Counsel, or his/ documents prohibited unless approved by such individuals are employed by or her delegate. appropriate Corporation officials. serve on behalf of the Corporation. § 1201.4 Service of subpoenas, court (a) Unless authorized to do so by the § 1201.2 Scope. orders, and other demands or requests for Corporation’s General Counsel, or his/ (a) This part states the procedures official information or action. her delegate, no employee of the followed with respect to— (a) Except in cases in which the Corporation shall, in response to a (1) Service of summonses and Corporation is represented by legal demand or request in connection with complaints or other requests or counsel who have entered an any litigation, whether criminal or civil, Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38243 provide oral or written testimony by Corporation employees in appropriate (2) Whether compliance is deposition, declaration, affidavit, or cases. appropriate under the relevant otherwise concerning any information substantive law concerning privilege or acquired: § 1201.7 Procedure when response to disclosure of information; (1) While such person was an demand is required prior to receiving instructions. (3) The public interest; employee of the Corporation; (4) The need to conserve the time of (2) As part of the performance of that (a) If a response to a demand is Corporation employees for the conduct person’s official duties; or required before the Corporation’s of official business; (3) By virtue of that person’s official General Counsel, or his/her delegate, (5) The need to avoid spending the status. renders a decision, the Corporation will time and money of the United States for (b) No employee of the Corporation request that either a Department of private purposes; shall, in response to a demand or Justice attorney or a Corporation (6) The need to maintain impartiality request in connection with any attorney designated for the purpose: between private litigants in cases where litigation, produce for use at such (1) Appear, if feasible, with the a substantial government interest is not proceedings any document or any other employee upon whom the demand has implicated; material acquired as part of the been made; (7) Whether compliance would have performance of that individual’s duties (2) Furnish the court or other an adverse effect on performance by the or by virtue of that individual’s official authority with a copy of the regulations Corporation of its mission and duties; status, unless authorized to do so by the contained in this part; and Corporation’s General Counsel, or his/ (3) Inform the court or other authority (8) The need to avoid involving the her delegate. that the demand has been or is being, as Corporation in controversial issues not the case may be, referred for the prompt related to its mission. § 1201.6 Procedure when testimony or consideration of the Corporation’s (b) Among those demands and production of documents is sought. General Counsel, or his/her delegate; requests in response to which (a) If official Corporation information and compliance may not ordinarily be is sought, through testimony or (4) Respectfully request the court or authorized are those when compliance otherwise the party seeking such release authority to stay the demand pending would: or testimony must (except as otherwise receipt of the requested instructions. (1) Violate a statute, a rule of required by federal law or authorized by (b) In the event that an immediate procedure, a specific regulation, or an the Office of the General Counsel) set demand for production or disclosure is executive order; forth in writing with as much specificity made in circumstances that would (2) Reveal information properly as possible, the nature and relevance of preclude the proper designation or classified in the interest of national the official information sought. The appearance of a Department of Justice or security; party must identify the record or Corporation attorney on behalf of the (3) Reveal confidential commercial or reasonably describe it in terms of date, employee shall respectfully request the financial information or trade secrets format, subject matter, the offices demanding court or authority for a without the owner’s consent; originating or receiving the record, and reasonable stay of proceedings for the (4) Reveal the internal deliberative the names of all persons to whom the purpose of obtaining instructions from processes of the Executive Branch; or record is known to relate. Corporation the Corporation. (5) Potentially impede or prejudice an employees may produce, disclose, ongoing law enforcement investigation. release, comment upon, or testify § 1201.8 Procedure in the event of an concerning only those matters that were adverse ruling. § 1201.10 Prohibition on providing expert or opinion testimony. specified in writing and properly If the court or other judicial or quasi- approved by the Corporation’s General judicial authority declines to stay the (a) Except as provided in this section, Counsel or his/her delegate. The Office effect of the demand in response to a Corporation employees shall not of the General Counsel may waive this request made pursuant to § 1201.7, or if provide opinion or expert testimony requirement in appropriate the court or other authority rules that based upon information which they circumstances. the demand must be complied with acquired in the scope and performance (b) To the extent it deems necessary irrespective of the Corporation’s of their official Corporation duties, or appropriate, the Corporation may also instructions not to produce the material except on behalf of the United States or require from the party seeking such or disclose the information sought, the a party represented by the Department testimony or documents a plan of all individual upon whom the demand has of Justice. reasonably foreseeable demands, been made shall respectfully decline to (b) Upon a showing by the requester including but not limited to the names comply with the demand, citing the of exceptional need or unique of all current and former employees regulations in this part. circumstances and that the anticipated from whom discovery will be sought, testimony will not be adverse to the areas of inquiry, expected duration of § 1201.9 Considerations in determining interests of the United States, the proceedings requiring oral testimony, whether the Corporation will comply with a Corporation’s General Counsel or his/ and identification of potentially relevant demand or request. her delegate may, in the exercise of documents. (a) In deciding whether to comply discretion, grant special, written (c) The Corporation’s General with a demand or request, Corporation authorization for Corporation employees Counsel, or his/her delegate, will notify officials and attorneys are encouraged to to appear and testify as expert witnesses the Corporation employee and such consider: at no expense to the United States. other persons as circumstances may (1) Whether such compliance would (c) If, despite the final determination warrant of the decision regarding be unduly burdensome or otherwise of the Corporation’s General Counsel, a compliance with the request or demand. inappropriate under the applicable rules court of competent jurisdiction or other (d) The Office of the General Counsel of discovery or the rules of procedure appropriate authority orders the will consult with the Department of governing the case or matter in which appearance and expert or opinion Justice regarding legal representation for the demand arose; testimony of a Corporation employee 38244 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules such individual shall immediately World Wide Web at http://www.fcc.gov for Standard Industrial Classification inform the Office of General Counsel of or may be purchased from the (SIC) category 4813 (Telephone such order. If the Office of the General Commission’s copy contractor, Communications, Except Counsel determines that no further legal International Transcription Services, Radiotelephone) to be small entities review of or challenge to the court’s Inc. (202) 857–3800, 2100 M Street, when they have no more than 1500 order will be made, the Corporation N.W., Suite 140, Washington, D.C. employees. employee, CorpsMember, or VISTA 20037. Total Number of Telephone Companies Affected: The proposals in Member shall comply with the order. If Regulatory Flexibility Analysis so directed by the Office of the General the NPRM would have an impact on a Counsel, however, the individual shall As required by the Regulatory substantial number of small telephone respectfully decline to testify. Flexibility Act, 5 U.S.C. 603, the companies identified by SBA. The Commission has prepared the following United States Bureau of the Census § 1201.11 Authority. Initial Regulatory Flexibility Analysis (‘‘the Census Bureau’’) reports that, at The Corporation receives authority to (IRFA) of the expected significant the end of 1992, there were 3,497 firms change its governing regulations from economic impact on small entities by engaged in providing telephone service, the National and Community Service the policies and rules proposed in the as defined therein, for at least one year. Act of 1990 as amended (42 U.S.C. NPRM to establish complete detariffing This number contains a variety of 12501 et seq.). of non-ILEC providers of interstate different category of carriers, including Dated: July 10, 1997. exchange access services. Written public local exchange carriers, interexchange comments are requested on the IRFA. Stewart A. Davis, carriers, competitive access providers, Comments must be identified as cellular carriers, mobile service carriers, Acting General Counsel, Corporation for responses to the IRFA and must be filed National and Community Service. operator service providers, pay on or before August 18, 1997. telephone operators, PCS providers, [FR Doc. 97–18518 Filed 7–16–97; 8:45 am] Need for and Objectives of the covered SMR providers, and resellers. It BILLING CODE 6050±28±P Proposed Rule: The Commission, in seems certain that some of those 3,497 compliance with Section 10(a) of the telephone service firms may not qualify Telecommunications Act of 1996, as small entities or small incumbent FEDERAL COMMUNICATIONS proposes to adopt complete detariffing LECs because they are not COMMISSION for non-ILEC providers of interstate independently owned and operated. exchange access services. Section 10 of Local Exchange Carriers: Neither this 47 CFR Chapter I the Communications Act of 1934, as agency nor SBA has developed a [CC Docket No. 97±146, FCC 97±219] amended (Communications Act), definition of small providers of local requires the Commission to forbear from exchange service (LECs). The closest Complete Detariffing for Competitive tariff filing requirement if statutory applicable definition under SBA rules is Access Providers and Competitive criteria are met. We anticipate that the for telephone communications Local Exchange Carriers proposed rule will: reduce transaction companies other than radiotelephone costs and administrative burdens for (wireless) companies. The most reliable AGENCY: Federal Communications providers, permit providers to make source of information regarding the Commission. rapid responses to market conditions, number of LECs nationwide of which ACTION: Proposed rule. and facilitate entry by new providers. we are aware appears to be the data that Legal Basis: As stated above, Section SUMMARY: This Notice of Proposed we collect annually in connection with Rulemaking (NPRM) proposes adopting 10 of the Communications Act requires Telecommunications Relay Service a policy of complete detariffing for all the Commission to forbear from (TRS). According to our most recent non-ILEC providers of interstate applying a regulation if statutory criteria data, 1,347 companies reported that exchange access services because of the are met. The Commission has they were engaged in the provision of public interest benefits from complete previously determined that complete local exchange service. Although it detariffing, including eliminating the detariffing is more consistent with the seems certain that some of these carriers abuse of the filed rate doctrine, reducing public interest than permissive are not independently owned and administrative burdens on the detariffing in the context of operated, or have more than 1500 Commission, and hindering price interexchange services. The employees, we are unable at this time to coordination afforded by tariffing. Commission seeks comment regarding estimate with greater precision the whether this is also true with respect to number of LECs that would qualify as DATES: Comments are due on or before interstate exchange access services. small business concerns under SBA’s August 18, 1997. Description and Estimate of the definition. We conclude that there are ADDRESSES: Secretary, Federal Number of Small Entities To Which the fewer than 1,347 small incumbent LECs Communications Commission, Room Proposed Rule Will Apply: Under the that may be affected by the proposals in 222, Washington, D.C. 20554. RFA, small entities may include small this Report and Order. FOR FURTHER INFORMATION CONTACT: organizations, small businesses, and Competitive Access Providers: Neither William Bailey, (202) 418–1520. small governmental jurisdictions. The the Commission nor SBA has developed SUPPLEMENTARY INFORMATION: This is a RFA generally defines the term ‘‘small a definition of small entities specifically summary of the Commission’s NPRM in business’’ as having the same meaning applicable to providers of competitive CC Docket No. 97–146 adopted and as the term ‘‘small business concern’’ access services (CAPs). The closest released on June 19, 1997. The full text under the Small Business Act, 15 U.S.C. applicable definition under SBA rules is of this NPRM is available for inspection 632. A small business concern is one for telephone communications and copying during normal business that: (1) is independently owned and companies other than radiotelephone hours in the FCC Reference Center operated; (2) is not dominant in its field (wireless) companies. The most reliable (Room 239), 1919 M Street, N.W., of operation; and (3) meets any source of information regarding the Washington, D.C. 20037. The complete additional criteria established by the number of CAPs nationwide of which text may also be obtained through the SBA. SBA has defined a small business we are aware appears to be the data that Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38245 we collect annually in connection with detariffing. Each of these options, interstate exchange access services the TRS. According to our most recent however, would maintain an economic subject to any degree of tariff data, 30 companies reported that they burden on a substantial number of small forbearance to make rates available to were engaged in the provision of entities. We believe that this burden the Commission and to interested competitive access services. Although it would be detrimental to small carriers persons upon request. seems certain that some of these carriers because they would need to expend Federal Communications Commission. are not independently owned and resources to file tariffs, and we have William F. Caton, operated, or have more than 1,500 tentatively concluded that such filings Acting Secretary. employees, we are unable at this time to are no longer in the public interest. estimate with greater precision the Federal Rules That May Duplicate, [FR Doc. 97–18882 Filed 7–16–97; 8:45 am] number of CAPs that would qualify as Overlap, or Conflict With the Proposed BILLING CODE 6712±01±P small business concerns under SBA’s Rules: The Commission is proposing to definition. Consequently, we estimate adopt complete detariffing for the FEDERAL COMMUNICATIONS that there are fewer than 30 small entity provision of exchange access services by COMMISSION CAPs. non-ILECs. We are aware of no rules Small Businesses (Workplaces): that may duplicate, overlap, or conflict 47 CFR Part 73 Workplaces encompass establishments with the proposed rules. We seek for profit and nonprofit, plus local, state comment on this conclusion. [MM Docket No. 89±585; RM±7035, RM± and federal governmental entities. SBA 7320] Paperwork Reduction Act guidelines to the SBREFA state that about 99.7 percent of all firms are small Complete detariffing for non-ILEC Radio Broadcasting Services; Sandy and have fewer than 500 employees and providers of interstate access would Springs, GA; and Anniston and less than $25 million in sales or assets. eliminate requirements that these Lineville, AL There are approximately 6.3 million carriers file tariffs. AGENCY: Federal Communications establishments in the SBA database. Synopsis of Notice of Proposed Commission. Interexchange Carriers: Neither the Rulemaking ACTION: Proposed rule; application for Commission nor SBA has developed a review of denial of counterproposal. definition of small entities specifically The Commission tentatively applicable to providers of interexchange concludes that complete detariffing for SUMMARY: This document dismisses an services (IXCs). The closest applicable non-ILECs would provide the benefits Application for Review filed by definition under SBA rules is for identified in its June 19, 1997 Sapphire Broadcasting, Inc. (formerly telephone communications companies Memorandum Opinion and Order Emerald Broadcasting of the South, Inc.) other than radiotelephone (wireless) adopting permissive detariffing: directed to an earlier Report and Order companies. The most reliable source of reduction of transaction costs for which denied a counterproposal for FM information regarding the number of providers; reduction of administrative channel allotments to Sandy Springs, IXCs nationwide of which we are aware burdens for service providers; Georgia, and Anniston and Lineville, appears to be the data that we collect permitting rapid response to market Alabama (56 FR 56490, November 5, annually in connection with TRS. conditions through elimination of costs 1991). With this action, the proceeding According to our most recent data, 97 on carriers that attempt to make new is terminated. offerings; and, facilitating entry by new companies reported that they were FOR FURTHER INFORMATION CONTACT: providers. The Commission also engaged in the provision of Robert Hayne, Mass Media Bureau, tentatively concludes that complete interexchange services. Although it (202) 418–2177. seems certain that some of these carriers detariffing for those carriers could offer SUPPLEMENTARY INFORMATION: This is a are not independently owned and additional public interest benefits beyond those of permissive detariffing. synopsis of the Commission’s operated, or have more than 1,500 Memorandum Opinion and Order, MM employees, we are unable at this time to Complete detariffing could preclude carriers from attempting to use the filed Docket No. 89–585, adopted June 20, estimate with greater precision the 1997, and released June 27, 1997. The number of IXCs that would qualify as rate doctrine to nullify contractual full text of this decision is available for small business concerns under SBA’s arrangements, and remove uncertainty inspection and copying during normal definition. Consequently, we estimate about the application of the doctrine to business hours in the FCC Dockets that there are fewer than 97 small entity tariffed arrangements that are filed on a Branch (Room 230), 1919 M Street, NW, IXCs that may be affected by the permissive basis. Complete detariffing Washington, DC. The complete text of decisions and rules proposed in the could also eliminate any threat of price this decision may also be purchased NPRM. coordination through tariffing. Complete Description of Projected Reporting, detariffing could also reduce the from the Commission’s copy contractor, Recordkeeping and Other Compliance administrative burden on the International Transcription Service, Requirements: The rule which the Commission of maintaining the tariff (202) 857–3800, 2100 M Street, NW, Commission proposes would reduce filing program. Although permissive Washington, DC 20037. substantially reporting and detariffing would cause some reduction List of Subjects in 47 CFR Part 73 in the resources expended for tariff recordkeeping because non-ILEC Radio broadcasting. providers of interstate exchange access filing, complete detariffing would services would no longer file tariffs with eliminate administration of all but (Authority: Secs. 303, 48 Stat., as amended, the Commission. ILECs’ tariffs. The Commission seeks 1082; 47 U.S.C. 154.) Steps Taken to Minimize Any comment on these tentative conclusions Federal Communications Commission. Significant Economic Impact on Small and any other potential benefits to be Douglas W. Webbink, Entities, and Significant Alternatives derived from a policy of complete Chief, Policy and Rules Division, Mass Media Considered: The Commission has detariffing. The Commission also Bureau. considered, as alternatives, requiring solicits comment on whether we should [FR Doc. 97–17887 Filed 7–16–97; 8:45 am] either mandatory tariffing or permissive require any non-ILEC providers of BILLING CODE 6712±01±U 38246 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules

FEDERAL COMMUNICATIONS For information regarding proper SUPPLEMENTARY INFORMATION: The COMMISSION filing procedures for comments, see 47 Atlantic tuna fisheries are managed CFR 1.415 and 1.420. under the authority of the Atlantic 47 CFR Part 73 Tunas Convention Act (ATCA). Section List of Subjects in 47 CFR Part 73 971d(c)(1) of ATCA authorizes the [MM Docket No. 97±154, RM±9116] Radio broadcasting. Secretary of Commerce (Secretary) to Federal Communications Commission. issue regulations as may be necessary to Radio Broadcasting Services; John A. Karousos, carry out the recommendations of Newaygo, MI Chief, Allocations Branch, Policy and Rules ICCAT. The authority to issue AGENCY: Federal Communications Division, Mass Media Bureau. regulations has been delegated from the Commission. [FR Doc. 97–18824 Filed 7–16–97; 8:45 am] Secretary to the Assistant Administrator for Fisheries, NOAA (AA). ACTION: Proposed rule. BILLING CODE 6712±01±P Relation to Proposed Consolidation SUMMARY: This document requests comments on a petition filed by Robert DEPARTMENT OF COMMERCE The regulatory amendments R. Moore proposing the allotment of contained in this proposed rule were Channel 223A to Newaygo, Michigan, as National Oceanic and Atmospheric written to be consistent with a proposed that community’s first local broadcast Administration rule consolidating all regulations service. There is a site restriction 7.6 pertaining to Atlantic HMS under 50 50 CFR Part 630 kilometers (4.7 miles) southwest of the CFR part 630 (61 FR 57361, November community at coordinates 43–22–12 [Docket No. 970702161±7161±01; I.D. 6, 1996). A final rule consolidating the and 85–51–49. Canadian concurrence 041097C] regulations has not yet been issued. The will be requested for the allotment of RIN 0648±AJ93 regulatory amendments contained in Channel 223A at Newaygo. this proposed rule, if adopted, would be incorporated into the final consolidated DATES: Comments must be filed on or Atlantic Highly Migratory Species regulations at 50 CFR part 630. Copies before September 2, 1997, and reply Fisheries; Import Restrictions of the proposed consolidation rule may comments on or before September 17, AGENCY: National Marine Fisheries be obtained by writing (see ADDRESSES) 1997. Service (NMFS), National Oceanic and or calling the contact person (see FOR ADDRESSES: Federal Communications Atmospheric Administration (NOAA), FURTHER INFORMATION CONTACT). Commission, Washington, DC. 20554. In Commerce. Proposed Import Restrictions addition to filing comments with the ACTION: Proposed rule; public hearing; FCC, interested parties should serve the request for comments. In order to conserve and manage ABT, petitioner’s counsel, as follows: Dennis ICCAT adopted two recommendations J. Kelly, Law Office of Dennis J. Kelly, SUMMARY: NMFS proposes to amend the at its 1996 meeting requiring its Post Office Box 6648, Annapolis, regulations governing the Atlantic Contracting Parties to take the Maryland 21401. highly migratory species (HMS) appropriate measures to prohibit the FOR FURTHER INFORMATION CONTACT: fisheries to prohibit importation of import of ABT and its products in any Kathleen Scheuerle, Mass Media Atlantic bluefin tuna (ABT) and its form from Belize, Honduras, and Bureau, (202) 418–2180. products in any form harvested by Panama. With regard to the vessels of Panama, Honduras, and SUPPLEMENTARY INFORMATION: This is a recommendation on Belize and summary of the Commission’s Notice of Belize. The proposed amendments are Honduras, the effective date of import Proposed Rule Making, MM Docket No. necessary to implement International prohibition would be August 4, 1997, 97–154, adopted July 3, 1997, and Commission for the Conservation of concurrent with the entry into force of released July 17, 1997. The full text of Atlantic Tunas (ICCAT) the ICCAT recommendation. With this Commission decision is available recommendations designed to help respect to the recommendation on for inspection and copying during achieve the conservation and Panama, ICCAT determined that such normal business hours in the management objectives for ABT import prohibition would begin January Commission’s Reference Center (Room fisheries. NMFS will hold a hearing to 1, 1998, unless ICCAT decides on the 239), 1919 M Street, NW., Washington, receive comments from fishery basis of documentary evidence, at its DC. The complete text of this decision participants and other members of the 1997 meeting or before, that Panama has may also be purchased from the public regarding these proposed brought its fishing practices for ABT Commission’s copy contractors, amendments. into consistency with ICCAT International Transcription Services, DATES: Comments are invited and must conservation and management Inc., 2100 M Street, NW., Suite 140, be received on or before August 4, 1997. measures. The delay in implementation Washington, DC. 20037, (202) 857–3800. A public hearing will be held on July of trade restrictions for Panama Provisions of the Regulatory 29, 1997, from 1–3 p.m. recognizes Panama’s expressed intent to Flexibility Act of 1980 do not apply to ADDRESSES: Comments on the proposed rectify the improper fishing activities of this proceeding. rule should be sent to Rebecca Lent, its vessels. Members of the public should note Chief, Highly Migratory Species ICCAT has been concerned about the that from the time a Notice of Proposed Management Division, Office of status of ABT for many years. The most Rule Making is issued until the matter Sustainable Fisheries (F/SF1), NMFS, recent scientific stock assessment shows is no longer subject to Commission 1315 East-West Highway, Silver Spring, that mid-year spawning biomass (age consideration or court review, all ex MD 20910–3282. The public hearing 8+) of the western management stock in parte contacts are prohibited in will be held at NOAA/NMFS, SSMCIV, 1995 was estimated to be 13 percent of Commission proceedings, such as this 1305 East-West Highway, Room IW611, the 1975 level (which is considered an one, which involve channel allotments. Silver Spring, MD 20910. appropriate proxy for the spawning See 47 CFR 1.1204(b) for rules FOR FURTHER INFORMATION CONTACT: John stock biomass level corresponding to governing permissible ex parte contact. Kelly, 301–713–2347. maximum sustainable yield (MSY)). Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules 38247

Eastern ABT is estimated to be at 19 1997 ICCAT meeting, Belize had not harvested by Panama, Honduras, and percent of the level that would produce responded to any ICCAT requests, and Belize and exported prior to the MSY. Honduras had provided only a limited effective date of the removal of import Over the years, ICCAT has adopted response. Panama, on the other hand, restrictions would continue to be numerous conservation and responded to ICCAT several times and prohibited from entry. management measures aimed at indicated that it had adopted a national Public Hearing addressing the decline in this resource. resolution designed to rectify the These measures have included (1) catch offending fishing activities of its vessels. NMFS will hold a public hearing to limits and quotas; (2) time and area At its 1996 meeting, however, ICCAT receive comments from fishery closures to protect spawning fish; (3) reviewed additional trade data, vessel participants and other members of the minimum sizes to protect juvenile fish; sighting information, and port public regarding these proposed (4) the Bluefin Tuna Statistical inspection information that indicated amendments on July 29 from 1–3 p.m. Document (BSD) program to track the that vessels of Belize, Honduras, and (see ADDRESSES). This hearing will be trade of bluefin tuna; (5) the Bluefin Panama continued to fish for bluefin physically accessible to people with Tuna Action Plan Resolution that tuna, and ICCAT again determined that disabilities. Requests for sign language establishes a process to identify non- these fishing activities were interpretation or other auxiliary aids Contracting Parties whose vessels are undermining ICCAT conservation should be directed to Chris Rogers at fishing in a manner that diminishes the efforts. (301) 713–2347 at least 5 days prior to effectiveness of ICCAT’s bluefin tuna For the reasons stated above, and the hearing date. conservation recommendations, and under authority of section 971d(c)(1) of Classification which, after giving identified countries ATCA, the United States proposes to an opportunity to rectify the activities of prohibit the import of ABT harvested by This proposed rule is published under their vessels, can lead to a vessels of Belize, Honduras, and the authority of ATCA, (16 U.S.C. 971 recommendation of trade measures; and Panama and its products in any form. et seq).. Preliminarily, the AA has (6) measures to enhance Contracting This action is consistent with the determined that the regulations Party compliance with ICCAT’s bluefin requirement under section 971d(c)(6) of contained in this proposed rule are tuna quotas that can result in quota ATCA that NMFS identify those nations necessary to implement the penalties and, ultimately, trade whose fishing vessels are fishing, or recommendations of ICCAT and are restrictions. have fished in the preceding calendar necessary for the conservation and In making recommendations at its year, in a manner that diminishes the management of the ABT fisheries. 1996 meeting calling for import effectiveness of ICCAT conservation The Assistant General Counsel for prohibitions, ICCAT took into account recommendations. The effective date for Legislation and Regulation of the several factors. ICCAT noted the the proposed trade restrictions relating Department of Commerce certified to depleted status of ABT, the need for to Belize and Honduras would be the Chief of Advocacy of the Small cooperation by non-Contracting Parties August 4, 1997, the date the ICCAT Business Administration that this in the successful conservation of this recommendation enters into force. The proposed rule, if adopted, would not resource and ICCAT’s repeated efforts to effective date of import prohibition with have a significant economic impact on gain this cooperation, non-Contracting respect to Panama would be January 1, a substantial number of small entities as Parties’ harvests, and the sacrifices 1998. Any ABT harvested by vessels of follows: made by ICCAT Contracting Parties in Panama, Honduras, and Belize and The proposed regulatory amendments are efforts to conserve and manage this exported after these effective dates necessary to help achieve domestic and resource. ICCAT specifically recognized would be prohibited from entry into the international conservation and management its repeated but generally unsuccessful customs territory of the United States. objectives. No bluefin tuna were imported by efforts to encourage Belize, Honduras, Under current regulations, all ABT the United States from Belize, Honduras, or and Panama to cooperate. These efforts shipments imported into the United Panama during 1979–1996. It is unlikely that any U.S. importers, wholesalers, or freight included but were not limited to States are required to be accompanied forwarders have any dependence on bluefin ICCAT’s 1995 identification of these by a BSD. This document identifies the tuna imports from these three countries. countries pursuant to the Bluefin Tuna flag nation of the harvesting vessel of Therefore, it is concluded that these Action Plan Resolution as nations the ABT contained in the shipment and proposed amendments, considered separately whose vessels were fishing for bluefin would be used to determine compliance or in aggregate, would not have a significant tuna in a manner that diminishes the with the regulation, if implemented. impact on a substantial number of small effectiveness of ICCAT’s bluefin tuna Using the BSD, U.S. Customs officials entities. Thus, a regulatory flexibility conservation measures. Identification would deny entry of shipments of ABT analysis is not required. was based on trade data and vessel harvested by vessels of Panama, Notwithstanding any other provision sighting information that indicated that Honduras, and Belize and exported after of law, no person is required to respond vessels of Belize, Honduras, and the effective dates of the trade to nor shall a person be subject to a Panama were fishing for bluefin tuna in restrictions. If this proposed rule is penalty for failure to comply with a the eastern Atlantic Ocean (in some implemented, entry would not be collection of information subject to the cases on the Mediterranean spawning denied for any shipment in transit prior requirements of the Paperwork grounds during the closed season) but to the effective date of trade restrictions. Reduction Act (PRA) unless that reporting no harvests to ICCAT. Upon determination by ICCAT that collection of information displays a The 1995 identifications began a year one or more of these parties (Panama, currently valid OMB Control Number. of intensified efforts by ICCAT to obtain Honduras, and/or Belize) has brought its This proposed rule would not result the cooperation of Belize, Honduras, fishing practices into consistency with in any new collections of information and Panama. During that year, the three ICCAT conservation and management subject to the PRA because Bluefin Tuna countries were notified that failure to measures, the Secretary will publish an Statistical Documents, approved under rectify the fishing activities of their interim final rule in the Federal OMB Control Number 0648–0040, are vessels could result in the imposition of Register to remove import restrictions currently required for U.S. imports of trade-restrictive measures. Before the for the relevant party. In such case, ABT bluefin tuna and bluefin tuna products. 38248 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Proposed Rules

This proposed rule has been PART 630ÐATLANTIC HIGHLY unless a validated Bluefin Statistical determined not to be significant for MIGRATORY SPECIES Document required under §§ 630.40 purposes of E.O. 12866. through 630.44, shows that a particular 1. The authority citation for part 630 shipment of such bluefin tuna was List of Subjects in 50 CFR Part 630 continues to read as follows: exported prior to [effective date of final Fisheries, Fishing, Reporting and Authority: 16 U.S.C. 971 et seq. and 16 rule]. recordkeeping requirements. U.S.C. 1801 et seq. (2) Effective January 1, 1998, all shipments of Atlantic bluefin tuna or Dated: July 11, 1997. 2. In § 630.45, paragraph (d) is added to read as follows: Atlantic bluefin tuna products in any David L. Evans, form harvested by a vessel of Panama Deputy Assistant Administrator for Fisheries, § 630.45 Other import restrictions. will be denied entry into the United National Marine Fisheries Service. * * * * * States, unless a validated Bluefin Statistical Document required under For the reasons set out in the (d) Atlantic bluefin tuna. (1) Effective §§ 630.40 through 630.44, shows that a preamble, 50 CFR part 630 as proposed August 4, 1997, all shipments of particular shipment of such bluefin tuna to be amended at 61 FR 57363, Atlantic bluefin tuna or Atlantic bluefin was exported prior to January 1, 1998. November 6, 1996, is further proposed tuna products in any form harvested by [FR Doc. 97–18783 Filed 7–14–97; 9:03 am] to be amended as follows: a vessel of Honduras or Belize will be denied entry into the United States, BILLING CODE 3510±22±F 38249

Notices Federal Register Vol. 62, No. 137

Thursday, July 17, 1997

This section of the FEDERAL REGISTER displays a currently valid OMB control Description of Respondents: Business contains documents other than rules or number. or other for-profit; Individuals or proposed rules that are applicable to the households; Farms. • Farm Service Agency public. Notices of hearings and investigations, Number of Respondents: 4,379. committee meetings, agency decisions and Title: Livestock Indemnity Program (7 Frequency of Responses: rulings, delegations of authority, filing of CFR 1439). Recordkeeping; Reporting: On occasion; petitions and applications and agency OMB Control Number: 0560—New. Weekly. statements of organization and functions are Summary of Collection: Respondents examples of documents appearing in this Total Burden Hours: 7,428. must present certification of losses and section. • eligibility to receive payment for Animal and Plant Health Inspection livestock and poultry due to disaster. Service DEPARTMENT OF AGRICULTURE Need and Use of the Information: The Title: National Agricultural Pest information will be used to determine Information System. Submission for OMB Review; the eligibility and amount of assistance OMB Control Number: 0579–0010. Comment Request in accordance with published Summary of Collection: Information is regulations. collected concerning insect pests, July 11, 1997. Description of Respondents: Farms. noxious weeds, and plant diseases. The Department of Agriculture has Number of Respondents: 60,000. Need and Use of the Information: The submitted the following information Frequency of Responses: Reporting: information is used to predict potential collection requirement(s) to OMB for On occasion. pest situations. review and clearance under the Total Burden Hours: 120,000. Description of Respondents: State, Emergency Processing of this Paperwork Reduction Act of 1995, Local or Tribal Government. Public Law 104–13. Comments submission has been requested by July Number of Respondents: 50. regarding (a) whether the collection of 18, 1997. Frequency of Responses: Reporting: information is necessary for the proper • Animal and Plant Health Inspection On occasion; Semi-annually. performance of the functions of the Service Total Burden Hours: 188. agency, including whether the information will have practical utility; Title: Compensation for Wheat Seed • Agricultural Marketing Service (b) the accuracy of the agency’s estimate and Straw in the 1995–1996 Crop Title: 7 CFR Part 54—Meats, Prepared of burden including the validity of the Season. Meats, and Meat Products (Grading, OMB Control Number: 0579-New. methodology and assumptions used; (c) Certification, and Standards). ways to enhance the quality, utility and Summary of Collection: Information is collected from growers and seed OMB Control Number: 0581–0124. clarity of the information to be Summary of Collection: Respondents companies concerning wheat produced collected; (d) ways to minimize the voluntarily request meat grading and burden of the collection of information and sold during the growing season. Need and Use of the Information: The certification services. on those who are to respond, including information is used to compensate Need and Use of the Information: The through the use of appropriate application for meat grading and automated, electronic, mechanical, or growers and seed companies for the loss in value of wheat seed and straw due to certification services authorizes USDA other technological collection employees to perform such services in techniques or other forms of information Karnal Bunt. Description of Respondents: Business requesting establishments. The technology should be addressed to: Desk or other for-profit; Individuals or information contained on the Officer for Agriculture, Office of households; Farms. application also serves as a legal Information and Regulatory Affairs, Number of Respondents: 70. agreement between parties. Office of Management and Budget Frequency of Responses: Description of Respondents: Business (OMB), Washington, D.C. 20503 and to Recordkeeping; Reporting: On occasion; or other for-profit. Department Clearance Office, USDA, Weekly. Number of Respondents: 1,154. OCIO, Mail Stop 7602, Washington, D.C. Total Burden Hours: 210. Frequency of Responses: Reporting: 20250–7602. Comments regarding these • On occasion. information collections are best assured Animal and Plant Health Inspection Total Burden Hours: 504. of having their full effect if received Service • Animal and Plant Health Inspection within 30 days of this notification. Title: Karnal Bunt. Copies of the submission(s) may be OMB Control Number: 0579–0121. Service obtained by calling (202) 720–6204 or Summary of Collection: The Title: Papaya, Carambola, and Litachi (202) 720–6746. regulations for Karnal Bunt require the from Hawaii. An agency may not conduct or use of limited permits, certificates, OMB Control Number: 0579–New. sponsor a collection of information compliance agreements, and other Summary of Collection: Certificates unless the collection of information documents that are needed to inform the and limited permits will be needed to displays a currently valid OMB control public of the requirements. move fruit from Hawaii. Packages must number and the agency informs Need and Use of the Information: The be marked and sealed. potential persons who are to respond to information is used to authorize the Need and Use of the Information: The the collection of information that such interstate movement of regulated information is used to prevent the persons are not required to respond to articles and help prevent the spread of spread of plant diseases and insect pests the collection of information unless it Karnal Bunt. throughout the United States. 38250 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Description of Respondents: Business monitor the movement of the Asian long problems that cannot be solved or other for-profit. horned beetle. The regulations individually. Order regulations help Number of Respondents: 416. guarantee certain areas within the State ensure adequate supplies of high quality Frequency of Responses: of New York. product and adequate returns to Recordkeeping; Reporting: On occasion. Description of Respondents: Farms; producers. Under the Agricultural Total Burden Hours: 346. Individuals or households; Business or Marketing Agreement Act of 1937 (AMAA), as amended (7 U.S.C. 601– • Agricultural Research Service other for-profit; State, Local or Tribal Government. 674), industries enter into marketing Title: Use of Facilities of the Number of Respondents: 225. order programs. The Secretary of Performance of Photography/ Frequency of Responses: Reporting: Agriculture is authorized to oversee the Cinematography at the U.S. National On occasion. order operations and issue regulations Arboretum. Total Burden Hours: 132. recommended by a committee of OMB Control Number: 0518–New. Donald Hulcher, representatives from each commodity Summary of Collection: Persons or Department Clearance Officer. industry. groups interested in the use of the The information collection [FR Doc. 97–18817 Filed 7–16–97; 8:45 am] facilities and grounds of the National requirements in this request are Arboretum must make application and BILLING CODE 3410±01±M essential to carry out the intent of the submit the required fee. AMAA, to provide the respondents the Need and Use of the Information: The DEPARTMENT OF AGRICULTURE type of service they request, and to information will be used to determine if administer the fresh Bartlett pear the requestor’s needs can be met and if Agricultural Marketing Service marketing order program, which has the request is consistent with the been operating since 1966. mission of the National Arboretum. [Docket No. FV97±931±1 NC] The fresh Bartlett pear marketing Description of Respondents: Not-for- order authorizes the issuance of quality profit institutions; Business or other for- Notice of Request for Extension and regulations and inspection profit; Federal Government; State, Local Revision of a Currently Approved requirements. Regulatory provisions or Tribal Government. Information Collection apply to fresh Barlettt pears shipped Number of Respondents: 220. AGENCY: Agricultural Marketing Service, within and outside of the production Frequency of Responses: Reporting: USDA. area, except those specifically exempt. On occasion. The order also has authority for ACTION: Notice and request for Total Burden Hours: 53. production and marketing research and comments. • development projects, including paid Animal and Plant Health Inspection advertising. Service SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 The order, and rules and regulations issued thereunder, authorize the Fresh Title: 9 CFR 75 Communicable U.S.C. Chapter 35), this notice Bartlett Pear Marketing Committee Diseases in Horses. announces the Agricultural Marketing (Committee), the agency responsible for OMB Control Number: 0579–New. Service’s (AMS) intention to request an local administration of the order, to Summary of Collection: Specific extension for and revision to a currently require handlers and growers to submit information is collected about horses approved information collection for certain information. Much of this that owners want tested and if equine Fresh Bartlett Pears Grown in Oregon information is compiled in aggregate infectious is found a complete and Washington, Marketing Order No. and provided to the industry to assist in investigation is done on the farm where 931. the horse resides. marketing decisions. Need and Use of the Information: The DATES: Comments on this notice must be The Committee has developed forms information is collected in order to received September 15, 1997 to be as a means for persons to file required prevent the spread of equine infectious assured of consideration. information with the Committee relating anemia. ADDITIONAL INFORMATION OR COMMENTS: to fresh Bartlett pear supplies, Description of Respondents: Contact Tershirra T. Yeager, Marketing shipments, dispositions, and other Individual or households; Business or Order Administration Branch, F & V, information needed to effectively carry other for-profit; Farms; State, Local or AMS, USDA, P.O. Box 96456, Room out the purpose of the Act and order. Tribal Government. 2525–S, Washington, D.C., 20090–6456, Fresh Bartlett pears are harvested from Number of Respondents: 10,053. or Telephone: (202) 720–2491, Fax (202) early August through early September Frequency of Responses: 720–5698. and are marketed through December, and these forms are utilized Recordkeeping; Reporting: On occasion. SUPPLEMENTARY INFORMATION: Total Burden Hours: 91,925. accordingly. A USDA form is used to Title: Fresh Bartlett Pears Grown in • allow growers to vote on amendments to Animal and Plant Health Inspection Oregon and Washington, Marketing or continuance of the marketing order. Service Order No. 931. In addition, fresh Bartlett pear growers Title: Asian Long Horned Beetle. OMB Number: 0581–0092. and handlers who are nominated by OMB Control Number: 0579–0122. Expiration Date of Approval: January their peers to serve as representatives on Summary of Collection: Compliance 31, 1998. the Committee must file nomination agreements appeal letters, certificates, Type of Request: Extension and forms with the Secretary. inspections, limited permit, container revision of a currently approved The forms covered under this markings, and 48-hour notices will be information collection. information collection require the needed to allow regulated articles to Abstract: Marketing order programs minimum information necessary to move interstate from guaranteed areas in provide an opportunity for producers of effectively carry out the requirements of New York. fresh fruits, vegetables and specialty the order, and their use is necessary to Need and Use of the Information: The crops, in a specified production area, to fulfill the intent of the Act as expressed information is needed to control and work together to solve marketing in the order. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38251

The information collected is used DEPARTMENT OF AGRICULTURE The Far West spearmint oil marketing only by authorized representatives of order regulates the handling of the USDA, including AMS, Fruit and Agricultural Marketing Service spearmint oil produced in the Far West Vegetable Division regional and [Docket No. FV97±985±2 NC] (Washington, Idaho, Oregon, and headquarters’ staff, and authorized designated parts of Nevada and Utah), employees of the Committee. Notice of Request for Extension and hereinafter referred to as the ‘‘order.’’ Authorized Committee employees and Revision of a Currently Approved The order authorizes the issuance of the industry are the primary users of the Information Collection allotment provisions for producers and information and AMS is the secondary regulates the quantities of spearmint oil AGENCY: Agricultural Marketing Service, handled. The order also has research user. USDA. and development authority. Estimate of Burden: Public reporting ACTION: Notice and request for The order, and rules and regulations burden for this collection of information comments. issued thereunder, authorize the is estimated to average .555 hours per Spearmint Oil Administrative response. SUMMARY: In accordance with the Committee (Committee), the agency Paperwork Reduction Act of 1995 (44 Respondents: Fresh Bartlett pear responsible for local administration of U.S.C. Chapter 35), this notice the order, to require handlers and growers and handlers in the designated announces the Agricultural Marketing production areas in Oregon and producers to submit certain information. Service’s (AMS) intention to request an Much of this information is compiled in Washington. extension for and revision to a currently aggregate and provided to the industry Estimated Number of Respondents: approved information collection for the to assist in marketing decisions. 1,565. handling of spearmint oil produced in The Committee has developed forms the Far West, Marketing Order No. 985. Estimated Number of Responses per as a means for persons to file required Respondent: 1.3546. DATES: Comments on this notice must be information with the Committee relating received by September 15, 1997 to be to spearmint oil supplies, shipments, Estimated Total Annual Burden on assured of consideration. dispositions, and other information Respondents: 1176. ADDITIONAL INFORMATION OR COMMENTS: needed to effectively carry out the Comments are invited on: (1) whether Contact Caroline C. Thorpe, Marketing purpose of the AMAA and order. The the proposed collection of information Order Administration Branch, F & V, marketing year for the order is June 1 is necessary for the proper performance AMS, USDA, P.O. Box 96456, Room through May 31, with production of the functions of the agency, including 2523–S, Washington, D.C., 20090–6456, occurring in the months of June through whether the information will have telephone: (202) 720–8139 or FAX: (202) September. Forms are utilized practical utility; (2) the accuracy of the 720–5698. throughout the year. A USDA form is used to allow producers to vote on agency’s estimate of the burden of the SUPPLEMENTARY INFORMATION: proposed collection of information amendments to or continuance of the marketing order. In addition, the including the validity of the Title: Spearmint Oil Produced in the Far West, Marketing Order 985. Committee is composed of spearmint oil methodology and assumptions used; (3) OMB Number: 0581–0065. producers, nominated by their peers, ways to enhance the quality, utility, and Expiration Date of Approval: January and public members nominated by the clarity of the information to be 31, 1998. Committee. Since both groups serve on collected; and (4) ways to minimize the Type of Request: Extension and the Committee, they must file burden of the collection of information revision of currently approved nomination forms with the Secretary. on those who are to respond, including information collection. Formal rulemaking amendments to the use of appropriate automated, Abstract: Marketing order programs the order must be approved in referenda electronic, mechanical, or other provide an opportunity for producers of conducted by the Secretary. Also, the technological collection techniques or fresh fruits, vegetables and specialty Secretary may conduct a continuance other forms of information technology. crops, in a specified production area, to referendum to determine industry Comments may be sent to Docket work together to solve marketing support for continuation of the order. problems that cannot be solved Clerk, Fruit and Vegetable Division, Handlers are asked to sign an agreement individually. Order regulations help AMS, USDA, P.O. Box 96456, Room to indicate their willingness to abide by ensure adequate supplies of high quality 2525–S, Washington, DC, 20090–6456. the provisions of the order whenever the product and adequate returns to order is amended. These forms are Comments should reference the docket producers. Under the Agricultural included in this request. number and the date and page number Marketing Agreement Act of 1937 The forms covered under this of this issue of the Federal Register. All (AMAA), as amended (7 U.S.C. 601– information collection require the comments received will be available for 674), industries enter into marketing minimum information necessary to public inspection during regular order programs. The Secretary of effectively carry out the requirements of business hours at the same address. Agriculture is authorized to oversee the the order, and their use is necessary to All responses to this notice will be order operations and issue regulations fulfill the intent of the AMAA as summarized and included in the request recommended by a committee of expressed in the order, and the rules for OMB approval. All comments will representatives from each commodity and regulations issued under the order. become a matter of public record. industry. The information collected is used The information collection only by authorized representatives of Dated: July 3, 1997. requirements in this request are the USDA, including AMS, Fruit and Sharon Bomer Lauritsen, essential to carry out the intent of the Vegetable Division regional and Acting Director, Fruit and Vegetable Division. AMAA, to provide the respondents the headquarter’s staff, and authorized [FR Doc. 97–18821 Filed 7–16–97; 8:45 am] type of service they request, and to employees of the Committee. BILLING CODE 3410±02±M administer the program, which has Authorized Committee employees and operated since 1980. the industry are the primary users of the 38252 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices information and AMS is the secondary DEPARTMENT OF AGRICULTURE date of production; type of product user. canned; canning process used; size and Food Safety and Inspection Service Estimate of Burden: Public reporting type of container used; and any time/ burden for this collection of information [Docket No. 97±041N] temperature processing requirements. FSIS program employees review these is estimated to average 0.120 hours per records no less that three times a week response. Notice of Request for Extension and Revision of a Currently Approved to verify regulatory compliance. Respondents: Far West spearmint oil Information Collection Additionally, FSIS permits producers and handlers in the establishments to develop total quality designated production area in the States AGENCY: Food Safety and Inspection control (TQC) systems or partial quality of Idaho, Oregon, Washington, and parts Service, USDA. control (PQC) programs which provide of Nevada and Utah. ACTION: Notice and request for establishments with flexibility in Estimated Number of Respondents: comments. meeting FSIS’s regulations. TQC systems encompass all aspects of 264. SUMMARY: In accordance with the product processing; PQC programs Estimated Number of Responses per Paperwork Reduction Act of 1995 and cover only a specific processing Respondent: 6.136. the Office of Management and Budget operation. Quality control systems/ Estimated Total Annual Burden on (OMB) regulations, this notice programs incorporate inspection Respondents: 195. announces the Food Safety and activities contained in FSIS’s Inspection Service’s (FSIS) intention to regulations. Comments: Comments are invited on: request an extension for and revision of TQC systems and PQC programs must (1) Whether the proposed collection of a currently approved information contain detailed information concerning the information is necessary for the collection regarding processing the manner in which the system will proper performance of the functions of procedures and quality control systems. function. Such information must the agency, including whether the DATES: Comments on this notice must be include procedures for raw material information will have practical utility; received on or before September 15, control; the nature and frequency of (2) the accuracy of the agency’s estimate 1997. tests to be made; the critical check or of the burden of the proposed collection ADDITIONAL INFORMATION OR COMMENTS: control points to be addressed; the of information including the validity of Contact Lee Puricelli, Paperwork nature of charts and other records that the methodology and assumptions used; Specialist, Food Safety and Inspection will be used; the length of time such (3) ways to enhance the quality, utility Service, USDA, 300 12th Street SW, charts and records will be maintained; and clarity of the information to be Washington, DC 20250–3700, (202) 720– the nature of deficiencies the system is collected; and (4) ways to minimize the 0346. designed to identify and control; the burden of the collection of information parameters or limits that will be used; on those who are to respond, including SUPPLEMENTARY INFORMATION: and the points at which corrective through the use of appropriate Title: Processing Procedures and action will occur and the nature of such automated, electronic, mechanical, or Quality Control Systems. corrective action—ranging from the least other technological collection OMB Number: 0583–0089. to the most severe. FSIS program techniques or other forms of information Expiration Date of Approval: October employees review TQC and PQC system technology. 31, 1997. charts and records. FSIS program Type of Request: Extension and employees review these records no less Comments should reference OMB No. than three times a week to ensure 0581–0065 and the Far West Spearmint revision of a currently approved information collection. regulatory compliance. Oil Marketing Order No. 985, and be Because of the continued need for Abstract: FSIS has been delegated the mailed to Docket Clerk, Fruit and these information collection activities, authority to exercise the functions of the Vegetable Division, AMS, USDA, P.O. FSIS is requesting OMB extension for Secretary as provided in the Federal Box 96456, Room 2525–S, Washington, and revision of the Information Meat Inspection Act (FMIA) (21 U.S.C. D.C., 20090–6456. Comments should Collection Request covering information 601 et seq.) and the Poultry Products reference the docket number and the collection activities related to these Inspection Act (PPIA) (21 U.S.C. 451, et requirements. date and page number of this issue of seq.). These statutes mandate that FSIS the Federal Register. All comments Estimate of Burden: The public protects the public by ensuring that reporting burden for this collection of received will be available for public meat and poultry products are safe, inspection in the Office of the Docket information is estimated to average 120 wholesome, unadulterated, and hours per response. Clerk during regular USDA business properly labeled and packaged. hours at 14th and Independence Ave. Respondents: Meat and poultry To carry out its responsibility, FSIS establishments. S.W., Washington, D.C., room 2525 has promulgated specific regulations Estimated Number of Respondents: South Building. containing requirements for the 6,186. All responses to this notice will be processing of certain meat and poultry Estimated Number of Responses per summarized and included in the request products. FSIS requires that Respondent: 2,292. for OMB approval. All comments will establishments producing cooked beef, Estimated Total Annual Burden on also become a matter of public record. roast beef, and corned beef document Respondents: 743,750 hours. the time, temperature, and humidity at Copies of this information collection Dated: July 11, 1997. which the product is cooked and assessment and comments can be Robert C. Keeney, cooled. FSIS program employees review obtained from Lee Puricelli, Paperwork Director, Fruit and Vegetable Division. these records no less than three times a Specialist, Food Safety and Inspection [FR Doc. 97–18822 Filed 7–16–97; 8:45 am] week to ensure regulatory compliance. Service, USDA, 300 12th Street SW, BILLING CODE 3410±02±P Establishments canning meat and Room 109, Washington, DC 20250– poultry products must document the 3700, (202) 720–0346. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38253

Comments are invited on: (a) Whether COMMISSION ON CIVIL RIGHTS FOR FURTHER INFORMATION CONTACT: the proposed collection of information Requests for additional information or is necessary for the proper performance Agenda and Notice of Public Meeting copies of the information collection of FSIS’s functions, including whether of the Oklahoma Advisory Committee instrument(s) and instructions should be directed to John H. Thompson, the information will have practical Notice is hereby given, pursuant to Associate Director for Decennial Census, utility; (b) the accuracy of FSIS’ estimate the provisions of the rules and Bureau of the Census, Room 3586, of the burden of the proposed collection regulations of the U.S. Commission on Federal Building 3, Washington, DC of information, including the validity of Civil Rights, that a meeting of the 20233–0001, telephone (301) 457–3946. the methodology and assumptions used; Oklahoma Advisory Committee to the (c) ways to enhance the quality, utility, Commission will convene at 6:00 p.m. SUPPLEMENTARY INFORMATION: and clarity of the information to be and adjourn at 9:00 p.m. on September I. Abstract collected; and (d) ways to minimize the 11, 1997, at the Holiday Inn, 2515 West burden of the collection of information 6th Street, Stillwater, OK 74074. The This pre-submission Federal Register on those who are to respond, including purpose of the meeting is to plan future notice complements the pre-submission through use of appropriate automated, activities. notice on ‘‘Census 2000 Dress electronic, mechanical, or other Persons desiring additional Rehearsal’’ that was published in the technological collection techniques, or information, or planning a presentation Federal Register on Friday, May 23, other forms of information technology. to the Committee, should contact 1997 (Vol. 62, No. 100, pp. 28443– All responses to this notice will be Melvin L. Jenkins, Director of the 28444). That earlier notice was intended to solicit public comment on the summarized and included in the request Central Regional Office, 913–551–1400 proposed dress rehearsal plan and the for OMB approval. All comments will (TDD 913–551–1414). Hearing-impaired questions to be included on the also become a matter of public record. persons who will attend the meeting and require the services of a sign information collection instrument(s), Dated: July 10, 1997. language interpreter should contact the except the questions on race and Thomas J. Billy, Regional Office at least five (5) working Hispanic origin, as these questions had Administrator. days before the scheduled date of the not been sufficiently developed at that [FR Doc. 97–18842 Filed 7–16–97; 8:45 am] meeting. time. The information collection instrument(s) referenced in the May 23, BILLING CODE 3410±DM±P The meeting will be conducted pursuant to the provisions of the rules 1997 notice included the following note and regulations of the Commission. concerning questions 5 and 6: These questions will ask for information on Dated at Washington, DC, July 9, 1997. COMMISSION ON CIVIL RIGHTS race and Hispanic origin and possibly Carol-Lee Hurley, ancestry. These specific questions, including Chief, Regional Programs Coordination Unit. the order in which they are asked, will Agenda and Notice of Public Meeting [FR Doc. 97–18762 Filed 7–16–97; 8:45 am] depend partly on the Office of Management of the Iowa Advisory Committee and Budget’s (OMB) review of Directive No. BILLING CODE 6335±01±P 15, ‘‘Race and Ethnic Standards for Federal Notice is hereby given, pursuant to Statistics and Administrative Reporting.’’ the provisions of the rules and The OMB plans to announce any revisions to regulations of the U.S. Commission on DEPARTMENT OF COMMERCE the Directive No. 15 in October 1997. Civil Rights, that a meeting of the Iowa Bureau of the Census We have now developed proposed Advisory Committee to the Commission questions on race and Hispanic origin will convene at 10:00 a.m. and adjourn Census 2000 Dress Rehearsal and are soliciting comment on these at 1:00 p.m. on August 7, 1997, at the Questions on Race and Hispanic questions. The proposed questions on Marriott Hotel, 700 Grand, Des Moines, Origin race, Hispanic origin, and ancestry for Iowa 50309. The purpose of the meeting the Census 2000 Dress Rehearsal are is to plan for future activities. ACTION: Proposed Ccllection; comment consistent with the recommendations of request. Persons desiring additional the Interagency Committee for the Review of Racial and Ethnic Standards information, or planning a presentation SUMMARY: The Department of to OMB. The report and to the Committee, should contact Commerce, as part of its continuing Melvin L. Jenkins, Director of the recommendations of the Committee effort to reduce paperwork and were published for public comment in Central Regional Office, 913–551–1400 respondent burden, invites the general (TDD 913–551–1414). Hearing-impaired the Federal Register on Wednesday, public and other Federal agencies to July 9, 1997 (Vol. 62, No. 131, pp. persons who will attend the meeting take this opportunity to comment on and require the services of a sign 36874–36946). proposed and/or continuing information The proposed question on ancestry is language interpreter should contact the collections, as required by the unchanged from that shown in question Regional Office at least five (5) working Paperwork Reduction Act of 1995, 10 in the information collection days before the scheduled date of the Public Law 104–13 (44 U.S.C. instrument(s) referenced in the May 23, meeting. 3506(c)(2)(A)). 1997 Federal Register notice. The The meeting will be conducted DATES: Written comments must be proposed questions on race and pursuant to the provisions of the rules submitted on or before September 15, Hispanic origin are shown for the first and regulations of the Commission. 1997. time in the information collection Dated at Washington, DC, July 9, 1997. ADDRESSES: Direct all written comments instrument(s) referenced in this Federal to Linda Engelmeier, Departmental Register notice. Carol-Lee Hurley, Forms Clearance Officer, Department of The information collection Chief, Regional Programs Coordination Unit. Commerce, Room 5327, 14th and instrument(s) to be used in the Census [FR Doc. 97–18763 Filed 7–16–97; 8:45 am] Constitution Avenue, NW., Washington, 2000 Dress Rehearsal will be submitted BILLING CODE 6335±01±P DC 20230. soon for OMB review. They will not 38254 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices contain the questions on race and Reinterview: 5 minutes DATES: Written comments must be Hispanic origin that will eventually be Estimated Total Annual Burden Hours: submitted on or before September 15, included on the instrument(s). Short Form: 62,250 hours 1997. Questions on race and Hispanic origin Long Form: 48,450 hours ADDRESSES: Direct all written comments (specifically, questions 5 and 6) will be Reinterview: 250 hours to Linda Engelmeier, Departmental submitted at a later date for OMB Total: 110,950 hours Forms Clearance Officer, Department of review, after we have gathered public Estimated Total Annual Cost: The only Commerce, Room 5327, 14th and comment on their content. cost to respondents is that of their Constitution Avenue NW, Washington, The information provided below time. DC 20230. Phone number: (202) 482– under ‘‘Method of Collection’’ and Respondent’s Obligation: Mandatory. 3272. ‘‘Data’’ is identical to information FOR FURTHER INFORMATION CONTACT: provided in the May 23, 1997 notice. Legal Authority: Title 13 U.S.C. Sections 141 and 193. Requests for additional information or II. Method of Collection copies of the information collection IV. Request for Comments instrument and instructions should be The Census 2000 Dress Rehearsal will Comments are invited on: (a) Whether directed to: Michael Mann, Chief, conduct a complete census in the three Current Account Services Branch, Room dress rehearsal sites. In areas containing the proposed collection of information is necessary for the proper performance 8018, Bureau of Economic Analysis, city style addresses, we will mail the U.S. Department of Commerce, following independent mailing pieces: of the functions of the agency, including whether the information shall have Washington, DC 20230; phone: (202) an advance letter, an original 606–9573; and fax: (202) 606-5314. questionnaire with postage-paid return practical utility; (b) the accuracy of the envelope, a reminder card, and a agency’s estimate of the burden SUPPLEMENTARY INFORMATION: (including hours and cost) of the replacement questionnaire with postage- I. Abstract paid return envelope. In areas proposed collection of information; (c) containing non-city style addresses, ways to enhance the quality, utility, and The Bureau of Economic Analysis is enumerators will deliver a questionnaire clarity of the information to be responsible for the computation and to each household, to be returned in a collected; and (d) ways to minimize the publication of the U.S. balance of postage-paid envelope. Households in burden of the collection of information payments accounts. The information these areas also will receive an advance on respondents, including through the collected in these surveys are an integral letter before questionnaire delivery and use of automated collection techniques part of the ‘‘transportation’’ portion of a reminder card following questionnaire or other forms of information the U.S. balance of payments accounts. delivery. In all areas of the sites, we will technology. The balance of payments accounts, visit and collect information from a Comments submitted in response to which are published quarterly in the sample of households that did not this notice will be summarized and/or Bureau’s monthly publication, the return a questionnaire by mail or report included in the request for OMB Survey of Current Business, are one of their census information by other approval of this information collection; the major statistical products of BEA. means, such as by telephone. We will they also will become a matter of public The accounts provide a statistical also conduct a reinterview of a small record. summary of U.S. international transactions. They are used by portion of respondents during Dated: July 14, 1997. nonresponse follow-up. government and private organizations Linda Engelmeier, for national and international policy III. Data Departmental Forms Clearance Officer, Office formulation, and analytical studies. of Management and Organization. OMB Number: Not available. Without the information collected in [FR Doc. 97–18865 Filed 7–16–97; 8:45 am] Form Numbers: these surveys, an integral component of Short Form: DX–1,DX–1(S) BILLING CODE 3510±07±P the transportation account would be Long Form: DX–2,DX–2(S) omitted. No other Government agency Enumerator Forms: DX–1E,DX–2E collects comprehensive quarterly data DEPARTMENT OF COMMERCE Household Follow-up: DX–1(HF) on U.S. ocean carriers’ freight revenues Be Counted Forms: DX–10,DX– Bureau of Economic Analysis and expenses or U.S. airline operators’ 10(S),DX–10(C),DX–10(M),DX– foreign revenues and expenses. 10(V),DX–10(T) Survey of Ocean Freight Revenues and These surveys request information Individual Census Questionnaires: Expenses of United States CarriersÐ from U.S. ocean and air carriers engaged DX–15A, DX–15B,DX–20A,DX– BE±30; Survey of U.S. Airline in the international transportation of 20A(S),DX–20B,DX–20B(S) Operators' Foreign Revenues and goods and/or passengers. Information is Military Census Report: DX–21 ExpensesÐBE±37 collected on a quarterly basis from U.S. Letters/Cards/Notices: DX–5(L),DX– ocean and air carriers with total annual 5(L)(S),DX–9,DX–1E(S),DX– ACTION: Extension of collection; covered revenues and total annual 2E(S),DX–1F,DX–26,DX–28,DX–31 comments requested. covered expenses, each over $500,000. Reinterview: DX–806 U.S. ocean and air carriers with total Type of Review: Regular Submission. SUMMARY: The Department of annual covered revenues and expenses Affected Public: Individuals or Commerce, as part of its continuing below $500,000 are exempt from Households. effort to reduce paperwork and reporting. Estimated Number of Respondents: respondent burden, invites the general 450,000 households (approx.). public and other Federal agencies to II. Method of Collection (Short Form: 83% Long Form: 17%) take this opportunity to comment on Mandatory reports are received from Reinterview: 3,000 households proposed and/or continuing information U.S. ocean and air carriers who provide Estimated Time Per Response: collections, as required by the data regarding their revenues and Short Form: 10 minutes Paperwork Reduction Act of 1995, Pub. expenses resulting from international Long Form: 38 minutes L. 104–13 (44 U.S.C. 3506(c)(2)(A)). transportation. Submission of the Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38255 completed report form, or computer DEPARTMENT OF COMMERCE The survey requests information from printouts in the format of the report U.S. agents of foreign ocean carriers. form, are the most expedient and Bureau of Economic Analysis Information is collected on an annual economical methods of reporting the basis from U.S. agents that handle 40 or information. Survey of Foreign Ocean Carriers' more port calls by foreign vessels or Expenses in the United StatesÐBE±29 have annual total covered expenses III. Data ACTION: Proposed collection; comments above $250,000. U.S. agents with less OMB Number: 0608–001. requested. than 40 port calls or with annual total Form Number: BE–30/BE–37. covered expenses below $250,000 are SUMMARY: The Department of exempt from reporting. Type of Review: Extension-regular Commerce, as part of its continuing II. Method of Collection submission. effort to reduce paperwork and Affected Public: U.S. ocean and air respondent burden, invites the general Mandatory reports are received from carriers. public and other Federal agencies to U.S. shipping agents who provide data Estimated Number of Respondents: take this opportunity to comment on regarding the expenses of foreign ocean (BE–30)40 / (BE–37)20. proposed and/or continuing information carriers’ in the United States. collections, as required by the Submission of the completed report Estimated Time Per Response: (BE– Paperwork Reduction Act of 1995, Pub. form, or computer printouts in the 30)5 hours /(BE–37)4 hours. L. 104–13 (44 U.S.C. 3506(c)(2)(A)). format of the report form, are the most Estimated Total Annual Burden DATES: Written comments must be expedient and economical methods of Hours: (BE–30)800 / (BE–37)320. submitted on or before September 15, reporting the information. Estimated Total Annual Cost: For the 1997. III. Data survey of U.S. ocean carriers, the ADDRESSES: Direct all written comments estimated annual cost to the Federal OMB Number: 0608–0012. to Linda Engelmeier, Departmental Form Number: BE–29. Government is $22,000 and to the Forms Clearance Officer, Department of Type of Review: Extension-regular public $24,000. For the survey of U.S. Commerce, Room 5327, 14th and submission. airline operators, the estimated annual Constitution Avenue NW, Washington, Affected Public: U.S. agents of foreign cost to the Federal Government is DC 20230. Phone number: (202) 482– ocean carriers. $18,000 and to the public $9,600. The 3272. estimated annual cost to the public is Estimated Number of Respondents: based on an estimated total annual FOR FURTHER INFORMATION CONTACT: 155. burden hours and an estimated hourly Requests for additional information or Estimated Time Per Response: 4 cost of $30. copies of the information collection hours. instrument and instructions should be Respondent’s Obligation: Mandatory. Estimated Total Annual Burden directed to: Michael Mann, Chief, Hours: 620 hours. Legal Authority: The International Current Account Services Branch, Room Estimated Total Annual Cost: The Investment and Trade in Services Act, 22 8018, Bureau of Economic Analysis, U.S.C. 3101–3108. estimated annual cost to the Federal U.S. Department of Commerce, Government is $33,000. The estimated IV. Request for Comments Washington, DC 20230; phone: (202) annual cost to the public is $18,600 606–9573; and fax: (202) 606-5314. based on an estimated total annual Comments are invited on: (a) Whether burden hours and an estimated hourly the continued collection of information SUPPLEMENTARY INFORMATION: cost of $30. is necessary for the proper performance I. Abstract Respondent’s Obligation: Mandatory of the functions of the agency, including whether the information shall have The Bureau of Economic Analysis is Legal Authority: The International practical utility; (b) the accuracy of the responsible for the computation and Investment and Trade in Services Act, 22 agency’s estimate of burden (including publication of the U.S. balance of U.S.C. 3101–3108. payments accounts. The information hours and cost) of the continued IV. Request for Comments collection of information; (c) ways to collected in this survey is an integral enhance the quality, utility, and clarity part of the ‘‘transportation’’ portion of Comments are invited on: (a) Whether of the information to be collected; and the U.S. balance of payments accounts. the continued collection of information (d) ways to minimize the burden of the The balance of payments accounts, is necessary for the proper performance collection of information on which are published quarterly in the of the functions of the agency, including respondents, including through the use Bureau’s monthly publication, the whether the information shall have of automated collection techniques or Survey of Current Business, are one of practical utility; (b) the accuracy of the other forms of information technology. the major statistical products of BEA. agency’s estimate of burden (including Comments submitted in response to this The accounts provide a statistical hours and cost) of the continued notice will be summarized and/or summary of U.S. international collection of information; (c) ways to included in the request for OMB transactions. They are used by enhance the quality, utility, and clarity approval of this information collection; government and private organizations of the information to be collected; and they also will become a matter of public for national and international policy (d) ways to minimize the burden of the record. formulation, and analytical studies. collection of information on Without the information collected in respondents, including through the use Dated: July 14, 1997. this survey, an integral component of of automated collection techniques or Linda Engelmeier, the transportation account would be other forms of information technology. Departmental Forms Clearance Officer, Office omitted. No other Government agency Comments submitted in response to of Management and Organization. collects comprehensive annual data on this notice will be summarized and/or [FR Doc. 97–18866 Filed 7–16–97; 8:45 am] foreign ocean carriers’ expenses in the included in the request for OMB BILLING CODE 3510±EA±P United States. approval of this information collection; 38256 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices they also will become a matter of public transactions. They are used by of the information to be collected; and record. government and private organizations (d) ways to minimize the burden of the Dated: July 14, 1997. for national and international policy collection of information on Linda Engelmeier, formulation, and analytical studies. respondents, including through the use Without the information collected in of automated collection techniques or Departmental Forms Clearance Officer, Office of Management and Organization. this survey, an integral component of other forms of information technology. the transportation account would be Comments submitted in response to [FR Doc. 97–18867 Filed 7–16–97; 8:45 am] omitted. No other Government agency this notice will be summarized and/or BILLING CODE 3510±EA±P collects comprehensive annual data on included in the request for OMB foreign airline operators’ revenues and approval of this information collection; they also will become a matter of public DEPARTMENT OF COMMERCE expenses in the United States. The survey requests information from record. Bureau of Economic Analysis foreign air carriers operating in the Dated: July 14, 1997. United States. Information is collected Linda Engelmeier, Survey of Foreign Airline Operators' on an annual basis from foreign air Departmental Forms Clearance Officer, Office Revenues and Expenses in the United carriers with total annual covered of Management and Organization. StatesÐBE±36 revenues and total annual covered [FR Doc. 97–18868 Filed 7–16–97; 8:45 am] expenses incurred in the U.S., each over ACTION: Proposed collection; comments $500,000. Foreign air carriers with total BILLING CODE 3510±EA±P requested. annual covered revenues and expenses SUMMARY: The Department of below $500,000 are exempt from DEPARTMENT OF COMMERCE Commerce, as part of its continuing reporting. effort to reduce paperwork and II. Method of Collection International Trade Administration respondent burden, invites the general Mandatory reports are received from [A±428±602] public and other Federal agencies to foreign air carriers who provide data take this opportunity to comment on Brass Sheet and Strip From Germany; regarding their revenues and expenses proposed and/or continuing information Amended Final Results of in the United States. Submission of the collections, as required by the Antidumping Duty Administrative completed report form, or computer Paperwork Reduction Act of 1995, Pub. Review printouts in the format of the report L. 104–13 (44 U.S.C. 3506(c)(2)(A)). form, are the most expedient and AGENCY: Import Administration, DATES: Written comments must be economical methods of reporting the International Trade Administration, submitted on or before September 15, information. Department of Commerce. 1997. III. Data ACTION: Notice of Final Court Decision ADDRESSES: Direct all written comments and Amended Final Results of to Linda Engelmeier, Departmental OMB Number: 0608–0013. Administrative Review. Forms Clearance Officer, Department of Form Number: BE–36. Commerce, Room 5327, 14th and Type of Review: Extension-regular SUMMARY: On February 13, 1997, the Constitution Avenue NW, Washington, submission. Court of International Trade (CIT) DC 20230. Phone number: (202) 482– Affected Public: Foreign air carriers. affirmed the Department of Commerce’s 3272. Estimated Number of Respondents: (the Department’s) final remand results 70. FOR FURTHER INFORMATION CONTACT: affecting final assessment rates for the Estimated Time Per Response: 5 Requests for additional information or administrative review of the hours. antidumping duty order on brass sheet copies of the information collection Estimated Total Annual Burden instrument and instructions should be and strip from Germany for the period Hours: 350 hours. October 22, 1986 through February 29, directed to: Michael Mann, Chief, Estimated Total Annual Cost: The Current Account Services Branch, Room 1988. As there is now a final and estimated annual cost to the Federal conclusive court decision in this action, 8018, Bureau of Economic Analysis, Government is $18,000. The estimated U.S. Department of Commerce, we are amending our final results of annual cost to the public is $10,500 review and we will subsequently Washington, DC 20230; phone: (202) based on an estimated total annual 606–9573; and fax: (202) 606-5314. instruct the U.S. Customs Service to burden hours and an estimated hourly liquidate entries subject to this review. SUPPLEMENTARY INFORMATION: cost of $30. EFFECTIVE DATE: Respondent’s Obligation: Mandatory. February 23, 1997. I. Abstract FOR FURTHER INFORMATION CONTACT: Legal Authority: The International Dave Dirstine or Richard Rimlinger, The Bureau of Economic Analysis is Investment and Trade in Services Act, 22 responsible for the computation and U.S.C. 3101–3108. Import Administration, International publication of the U.S. balance of Trade Administration, U.S. Department payments accounts. The information IV. Request for Comments of Commerce, 14th Street and collected in this survey is an integral Comments are invited on: (a) Whether Constitution Avenue, N.W., part of the ‘‘transportation’’ portion of the continued collection of information Washington, D.C. 20230; telephone the U.S. balance of payments accounts. is necessary for the proper performance (202) 482–4733. The balance of payments accounts, of the functions of the agency, including SUPPLEMENTARY INFORMATION: which are published quarterly in the whether the information shall have Bureau’s monthly publication, the practical utility; (b) the accuracy of the Background Survey of Current Business, are one of agency’s estimate of burden (including On November 27, 1991, the the major statistical products of BEA. hours and cost) of the continued Department published in the Federal The accounts provide a statistical collection of information; (c) ways to Register (56 FR 60087) the final results summary of U.S. international enhance the quality, utility, and clarity of its administrative review of the Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38257 antidumping duty order on brass sheet differences between United States price analyze the responses in these complex and strip from Germany for the period and foreign market value may vary from investigations. Therefore, for the reasons August 22, 1986 through February 29, the percentage listed above. The identified by the petitioners and absent 1988, amended by 57 FR 276, January 3, Department will issue appraisement any compelling reasons to deny the 1992 (Brass 1). We reviewed imports of instructions directly to the Customs request, the Department is postponing Weiland-Werke AG and its wholly Service. the date of the preliminary owned subsidiaries, Langenberg Kupfer- Dated: July 10, 1997. determinations in these investigations und Messingwerke GmbH KG and Robert S. LaRussa, until no later than September 24, 1997. Metallwerke Schwarzwald GmbH This notice is published pursuant to (collectively, the Wieland Group). Acting Assistant Secretary for Import section 733(c)(2) of the Act, and 19 CFR Administration. Subsequently, a domestic producer, 353.15(d). [FR Doc. 97–18869 Filed 7–16–97; 8:45 am] Hussey Copper, Ltd., challenged the Dated: July 11, 1997. final results. In the course of the BILLING CODE 3510±DS±P Jeffrey P. Bialos, litigation, the CIT issued a number of orders and opinions of which the Principal Deputy Assistant Secretary for DEPARTMENT OF COMMERCE Import Administration. following have resulted in changes to [FR Doc. 97–18870 Filed 7–16–97; 8:45 am] the antidumping margins initially International Trade Administration calculated in Brass 1: Hussey Copper BILLING CODE 3510±DS±P Ltd. et al. v. United States, Consol. Ct. [A±122±826, A±428±822, A±274±802, and A± No. 91–12–00919, Slip Op. 93–179 307±813] DEPARTMENT OF COMMERCE dated September 10, 1993, Slip Op. 94– Notice of Postponement of Preliminary 81 dated May 16, 1994, and Slip Op. Antidumping Duty Determinations: International Trade Administration 95–145 dated August 11, 1995. Specifically, the CIT ordered the Steel Wire Rod From Canada, [C±357±005] Department, inter alia,: (1) to determine Germany, Trinidad and Tobago, and the most similar home market (HM) Venezuela Cold-Rolled Carbon Steel Flat-Rolled Products From Argentina; Preliminary merchandise based upon physical AGENCY: Import Administration, Results of Countervailing Duty characteristics and to make any International Trade Administration, Administrative Review adjustments, including those for Department of Commerce. production costs, after selection of the EFFECTIVE DATE: July 17, 1997. AGENCY: Import Administration, most similar HM products; (2) to match FOR FURTHER INFORMATION CONTACT: International Trade Administration, specific-alloy United States sales with Alexander Braier (Canada and Trinidad Department of Commerce. specific-alloy HM sales; (3) to match and Tobago), at (202) 482–3818; Judith ACTION: Notice of preliminary results of United States sales with Wey Rudman (Germany), at (202) 482– countervailing duty administrative contemporaneous HM sales involving 0192; or David J. Goldberger review. the same alloy and correct any coding (Venezuela), at (202) 482–4136, Import errors. SUMMARY: The Department of Commerce On February 13, 1997, the CIT Administration, International Trade Administration, U.S. Department of (the Department) is conducting an affirmed the final remand results of the administrative review of the Department for the above-cited case Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. countervailing duty order on cold-rolled (Slip Op. 97–25) and ordered this case carbon steel flat-rolled products from dismissed. POSTPONEMENT OF PRELIMINARY Argentina. For information on the net DETERMINATIONS: No party appealed this decision to the On March 18, 1997, the subsidy, see the Preliminary Results of U.S. Court of Appeals for the Federal Department of Commerce (the Review section of this notice. If the final Circuit. As there is now a final and Department) initiated antidumping duty results remain the same as these conclusive court decision in this action, investigations of imports of steel wire preliminary results of administrative we are amending our final results of rod from Canada, Germany, Trinidad review, we will instruct the U.S. review in this matter and we will and Tobago, and Venezuela (62 FR Customs Service to assess subsequently instruct the U.S. Customs 13854, March 24, 1997). The notice of countervailing duties as indicated in the Service to liquidate the appropriate initiation stated that unless extended, Preliminary Results of Review section of entries. we would issue our preliminary this notice. Interested parties are invited determinations not later than August 5, Amendment To Final Determination to comment on these preliminary 1997. results. Pursuant to 19 U.S.C. 1516a(e), we are On July 3, 1997, petitioners, EFFECTIVE DATE: now amending the final results of Connecticut Steel Corp., Co-Steel July 17, 1997. administrative review of the Raritan, GS Industries, Inc., Keystone FOR FURTHER INFORMATION CONTACT: antidumping duty order on brass sheet Steel & Wire Co., North Star Steel Texas, Richard Herring, Office of CVD/AD and strip from Germany for the period Inc., and Northwestern Steel & Wire Co., Enforcement VI, Import Administration, August 22, 1986 through February 29, made a timely request for a International Trade Administration, 1988. The revised weighted-average postponement of the preliminary U.S. Department of Commerce, 14th dumping margin for the Wieland Group determinations in these investigations to Street and Constitution Avenue, N.W., is 14.65 percent. 190 days after initiation, or September Washington, D.C. 20230; telephone: Accordingly, the Department will 24, 1997. This request was made (202) 482–2786. determine and the Customs Service will pursuant to section 733(c)(1) of the SUPPLEMENTARY INFORMATION: assess appropriate antidumping duties Tariff Act of 1930, as amended (the Act), on entries of the subject merchandise and 19 CFR 353.15(c) of the Background made by firms covered by this review of Department’s regulations. Petitioners On April 26, 1984, the Department the period August 22, 1986 through requested a postponement to ensure that published in the Federal Register (49 February 29, 1988. Individual the Department has adequate time to FR 18006) the countervailing duty order 38258 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices on cold-rolled carbon steel flat-rolled 753(b)(3)(B) of the URAA. See, countervailing duty order on OCTG products from Argentina. On May 6, Revocation of Countervailing Duty covering 1992, 1993, and 1994, as well 1992, the Department published a notice Orders, 60 FR 40568 (August 9, 1995). as the pending administrative reviews of of ‘‘Opportunity to Request an the countervailing duty order on Cold- The Ceramica Decision by the Court of Administrative Review’’ (57 FR 19412) Rolled Steel covering 1992 and 1993. Appeals for the Federal Circuit of this countervailing duty order. We However, because the 1991 review received a timely request for review On September 6, 1995, the Court of covers a period before Argentina became from U.S. Steel Group, a unit of USX Appeals for the Federal Circuit, in a a ‘‘country under the Agreement,’’ we Corporation. case involving imports of Mexican must continue the 1991 administrative We initiated the review, covering the ceramic tile, ruled that, absent an injury review to determine the amount of period January 1, 1991 through determination by the ITC, the countervailing duties to be assessed on December 31, 1991, on June 18, 1992 (57 Department may not assess entries made between January 1, 1991 FR 27212). The review covers two countervailing duties under 19 USC and September 19, 1991. Entries of producers/exporters of the subject 1303(a)(1) (1988, repealed 1994) on subject merchandise made on or after merchandise, Sociedad Mixta entries of dutiable merchandise after September 20, 1991 will be liquidated Siderurgica Argentina (SOMISA) and April 23, 1985, the date Mexico became without regard to countervailing duties. Propulsora Siderurgica, S.A.I.C. ‘‘a country under the Agreement.’’ Applicable Statute (Propulsora), which account for all Ceramica Regiomontana S.A. v. U.S., 64 exports of the subject merchandise from F.3d 1579 (Fed. Cir., 1995) (Ceramica). The Department is conducting this Argentina, and 20 programs. Argentina attained the status of ‘‘a administrative review in accordance On September 17, 1993, petitioners country under the Agreement’’ on with section 751(a) of the Tariff Act of brought timely new allegations to the September 20, 1991. Therefore, in 1930, as amended (the Act). Unless Department concerning the provision of consideration of the Ceramica decision, otherwise indicated, all citations to the tax concessions and preferential natural the Department, on April 2, 1996, statute are in reference to the provisions gas and electricity tariff rates to steel initiated changed circumstances as they existed on December 31, 1994. administrative reviews of the producers. Petitioners cited alleged tax Scope of the Review concessions provided to the steel countervailing duty orders on Leather, industry under Paragraph 8 of the April Wool, Oil Country Tubular Goods Imports covered by the review are 11, 1991 Steel Agreement between the (OCTG), and Cold-Rolled Carbon Steel shipments of Argentine cold-rolled Government of Argentina (GOA) and Flat-Rolled Products (Cold-Rolled Steel) carbon steel flat-rolled products, Argentine steel producers, and from Argentina, which were in effect whether or not corrugated or crimped; preferential natural gas and electricity when Argentina became a country whether or not painted or varnished and rates provided under Paragraph 6 of the under the Agreement. See Initiation of whether or not pickled; not cut, not Steel Agreement. On November 15, Changed Circumstances Countervailing pressed, and not stamped to non- 1993, the Department requested Duty Administrative Reviews: Leather rectangular shape; not coated or plated information from the GOA on these from Argentina, Wool from Argentina, with metal; over 12 inches in width and alleged subsidy programs. Oil Country Tubular Goods from under 0.1875 inches in thickness On January 1, 1995, the effective date Argentina, and Cold-Rolled Carbon whether or not in coils; as currently of the Uruguay Round Agreements Act Steel Flat Products from Argentina, 61 provided for under the following item of 1994 (the URAA), certain FR 14553 (April 2, 1996). These reviews numbers of the Harmonized Tariff countervailing duty orders involving focused on the legal effect, if any, of Schedule (HTS): World Trade Organization (WTO) Argentina’s status as a ‘‘country under 7209.11.00, 7209.12.00, 7209.13.00, signatories which had been issued the Agreement,’’ and whether the 7209.14.00, 7209.21.00, 7209.22.00, without an injury determination by the Department has the authority to assess 7209.23.00, 7209.24.00, 7209.31.00, International Trade Commission (ITC) countervailing duties on these orders. 7209.32.00, 7209.33.00, 7209.34.00, became entitled to an ITC injury Because we had ongoing administrative 7209.41.00, 7209.42.00, 7209.43.00, determination under section 753 of the reviews of the orders on OCTG and 7209.44.00, 7209.90.00, 7210.70.00, URAA. The order on cold-rolled carbon Cold-Rolled Steel that covered review 7211.30.50, 7211.41.70, 7211.49.50, steel flat-rolled products did not receive periods on or after September 20, 1991, 7211.90.00, 7212.40.50 an ITC injury investigation and we also had to determine whether the The HTS item numbers are provided for Argentina was a member of the WTO. Department had the authority to assess convenience and Customs purposes. On May 26, 1995, the Department countervailing duties on unliquidated The written description remains published a notice allowing domestic entries of subject merchandise occurring dispositive. parties an opportunity to seek an injury on or after September 20, 1991, when test regarding this and other Argentina became a ‘‘country under the Calculation Methodology for countervailing duty orders. See Agreement’’ and before January 1, 1995, Assessment and Cash Deposit Purposes Countervailing Duty Order; Opportunity the date that Argentina became a We calculated the net subsidy on a to Request a Section 753 Injury ‘‘Subsidies Agreement country’’ within country-wide basis by first calculating Investigation, 60 FR 27963. For this the meaning of section 701(b) of the the subsidy rate for each company order on cold-rolled carbon steel flat- URAA. subject to the administrative review. We rolled products from Argentina, no On April 29, 1997, the Department then weight-averaged the rates received domestic interested parties requested an determined that it lacked the authority by each company using as the weight injury investigation. As such, the ITC to assess countervailing duties on each companies share of total Argentine made a negative injury determination entries of OCTG and Cold-Rolled Steel exports to the United States of subject with respect to this order, pursuant to from Argentina made on or after merchandise, including all companies, section 753(b)(4) of the URAA. Thus, September 20, 1991 and before January even those with de minimis and zero the Department revoked this 1, 1995 (62 FR 24639; May 6, 1997). As rates. We then summed the weight- countervailing duty order, effective a result, we terminated the pending averaged rates to determine the subsidy January 1, 1995, pursuant to section administrative reviews of the rate from all programs benefitting Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38259 exports of subject merchandise to the physically incorporated into the no benefit from this program during the United States. exported product. If the rebate exceeds review period. Since the country-wide rate the amount of allowable indirect taxes 2. Equity Infusions calculated using this methodology was and import duties on physically above de minimis, as defined by 19 CFR incorporated inputs, the Department In our final determination in the § 355.7 (1994), we proceeded to the next will find a countervailable benefit equal investigation (see Certain Cold-Rolled step and examined the net subsidy rate to the difference between the Reembolso Carbon Steel Flat-Rolled Products from calculated for each company to rebate rate and the allowable rate Argentina; Final Affirmative determine whether individual company determined by the Department (i.e., the Countervailing Duty Determination and rates differed significantly from the overrebate). Countervailing Duty Order (49 FR weighted-average country-wide rate, To determine whether there was an 18006; 1984), we found that the GOA pursuant to 19 CFR § 355.22(d)(3). overrebate during the review period, the provided a series of countervailable Propulsora had a significantly different Department requested the GOA to equity infusions to SOMISA under net subsidy rate during the review provide information on any changes to Decree 2887/78. This decree authorized period pursuant to 19 CFR the Reembolso program for cold-rolled government reimbursement of debt § 355.22(d)(3). Therefore, this company steel. According to the information expenditure, including payment of is treated separately for assessment provided, the program continued to be interest, commissions and other fees, in purposes. All other companies are governed by Decree 1555/86, which exchange for equity in SOMISA. assigned the country-wide rate. modified the Reembolso program and SOMISA was also found to be set precise guidelines to implement the unequityworthy from 1978 through Analysis of Programs refund of indirect taxes and import 1983. I. Programs Conferring Subsidies charges. The decree established three In our Final Results for the 1987 broad rebate levels covering all products review (see Certain Cold-Rolled Carbon A. Programs Previously Determined to and industry sectors. The rates for levels Steel Flat-Rolled Products from Confer Subsidies I, II and III were 10 percent, 12.5 Argentina; Final Results of 1. Rebate of Indirect Taxes (Reembolso/ percent, and 15 percent, respectively. Countervailing Duty Administrative Reintegro) Based on the GOA’s 1986 calculation of Review (56 FR 120; June 21, 1991), we the tax incidence in the cold-rolled found that the Argentine Treasury The Reembolso program provides a carbon steel industry, this industry was continued to provide equity infusions to cumulative rebate of indirect taxes paid classified in level I. SOMISA from 1984 through 1987 upon export and is calculated as a In April 1989, the GOA suspended pursuant to Decree 2887/78, and that percentage of the f.o.b. invoice price of cash payment of rebates under the SOMISA continued to be the exported merchandise. The Reembolso program. Pursuant to the unequityworthy throughout this period. Department will find that the entire Emergency Economic Law dated No new information or evidence of amount of any such rebate is September 25, 1989 (Law 23,697), the changed circumstances has been countervailable unless the following suspension of cash payments was submitted in this proceeding to warrant conditions are met: (1) The program continued for an additional 180 days. reconsideration of this determination. operates for the purpose of rebating Rebates accrued during the suspension We have reviewed SOMISA’s prior stage cumulative indirect taxes period were to be paid in export credit financial statements for the years 1988 and/or import charges; (2) the bonds. On March 4, 1990, the entire through 1990, and have determined that government accurately ascertained the program was suspended for 90 days by the Argentine Treasury provided level of the rebate; and (3) the Decree 435/90. Decree 1930/90 additional equity infusions pursuant to government reexamines its schedules suspended payments of the reembolso Decree 2887/78 through 1990. In order periodically to reflect the amount of for an additional 12-month period. to determine whether SOMISA was actual indirect taxes and/or import Decree 612/91 dated April 10, 1991, equityworthy during this period, we charges paid. In prior investigations and reinstated cash payments of the indirect applied the analysis described in the administrative reviews of the Argentine tax rebates and import charges and General Issues Appendix attached to the Reembolso program, the Department reduced the rate for the cold-rolled Final Affirmative Countervailing Duty determined that these conditions have carbon steel industry from 10 percent to Determination: Certain Steel Products been met, and, as such, the entire 6.7 percent. Therefore, during the From Austria (GIA) (58 FR 37225; July amount of the rebate has not been period of review, rebates were 9, 1993). The results of this analysis countervailed (see, e.g., Cold Rolled suspended from January through April have been filed on the official record of Carbon Steel Flat-rolled Products from 10, 1991, and the rebate rate was 6.7 this review. See Memorandum to Argentina, Final Results of percent from April 11 through Barbara E. Tillman, Director Office of Countervailing Duty Administrative December 31, 1991. CVD/AD Enforcement VI, Regarding Review (56 FR 28527; June 21, 1991); Using the information provided in the Certain Cold-Rolled Carbon Steel Flat- Oil Country Tubular Goods from questionnaire response, we calculated Rolled Products from Argentina: Argentina, Final Results of the allowable tax incidence for the Equityworthiness of Somisa During Countervailing Duty Administrative subject merchandise based on an 1988, 1989 and 1990 dated April 4, 1997 Review (56 FR 64493; December 10, updated study which SOMISA provided on file in the Central Records Unit, 1991). to the GOA in 1991. We found that the Room B099 of the Main Commerce However, once a rebate program rebate of taxes did not exceed the total Building. Based on this evaluation of meets this threshold, the Department amount of allowable cumulative the financial statements, SOMISA must still determine in each case indirect taxes and/or import charges continued to be unequityworthy whether there is an overrebate; that is, paid on physically incorporated inputs, throughout this period. the Department must still analyze and prior stage indirect taxes levied on We have determined that these equity whether the rebate exceeds the total the exported product at the final stage infusions are nonrecurring benefits and amount of indirect taxes and import of production. Therefore, we have allocated them over time. See GIA duties borne by inputs that are preliminarily determine that there was (58 FR 37226–27). Also, consistent with 38260 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices our equity methodology as stated in the AUL listed in the IRS tax tables for this original study and the zones have GIA at 58 FR 27239–44, we have treated administrative review. remained consistent since that time these infusions as grants in order to Using the above-described except for some slight modifications in determine the subsidy conferred from methodology, we determined the benefit two of the zones. We verified this these infusions. The benefit from each to SOMISA from each of these equity program during our concurrent 1991 of the equity infusions was then infusions during the review period. We administrative review of OCTG, which calculated using the declining balance totaled these amounts to arrive at the covered the same allegations of methodology as described in the GIA at total benefit received by SOMISA from preferential pricing of natural gas to the 58 FR 37227, and used in prior all of these infusions during the review steel industry. During verification, we investigations and reviews. period. We then divided this amount by requested to review the original study In addition, consistent with the prior total sales during 1991 to calculate a which led to the creation of the zones administrative review of this order, we subsidy of 1.54 percent ad valorem for and the coefficients. We were informed have converted the equity infusions into the review period for all companies by GdE officials that because of the age U.S. dollars because of the periods of except Propulsora which had a of the study and the fact that it hyperinflation in Argentina and the significantly different net subsidy rate contained only historical data, the study changes in the Argentine currency for the review period pursuant to 19 was no longer available. (See the report during this time period. This CFR 355.22(d)(3). The program-specific of the Verification of the Government of methodology has also been used in rate for Propulsora under this program Argentina’s Response in the 1991 other countries where hyperinflation is 0.00 percent. Administrative Review of Oil Country and changes in currency were an issue. Tubular Goods from Argentina (public See, e.g., Final Affirmative B. New Program Preliminarily Found to version), which has been put in the Countervailing Duty Determination: Confer Subsidies public file for the instant review, and Certain Steel Products from Brazil, 58 Regional Tariff Zones for Natural Gas can be found in the Central Records FR 37295 (July 9, 1993). Because we Unit, Room B099 of the Main Commerce While investigating the allegation of have converted the equity infusions into Building.) dollars to account for hyperinflation and preferential natural gas rates to the steel Under longstanding Department changes in national currency, we must industry, we discovered that companies practice, programs which provide use a long-term discount rate in dollars. located in different regions of the subsidies on a regional basis are For our discount rates, we have used the country paid different prices for natural countervailable. See, e.g., Final interest rates for long-term U.S. dollar gas. During the period of review, Affirmative Countervailing Duty lending in Argentina for private Argentina was divided into nine tariff Determination: Fresh and Chilled creditors as published in the World zones for the purposes of determining Atlantic Salmon from Norway, 56 FR Bank Debt Tables: External Debt of the actual price of natural gas paid by 7678 (February 25, 1991) and Final Developing Countries. Long-term U.S. the consumer. Within each zone, a Affirmative Countervailing Duty dollar rates were also used from this separate coefficient was established to Determination; Certain Fresh Atlantic World Bank source in Certain Steel reflect the costs of transportation of Groundfish from Canada, 51 FR 10041 Products from Brazil. natural gas within the country. This (March 24, 1986). Because the original When this review was initiated and coefficient was applied against the study establishing the tariff zones in until recently, our allocation periods published tariff rates to determine the Argentina was done 10 years prior to were determined by using the average actual price of natural gas for the our period of review, was never useful life of a firm’s renewable physical consumer. For example, in Zone I which subsequently up-dated, and because the assets as set forth in the U.S. Internal covers Buenos Aires and the GOA could not document the criteria Revenue Service’s 1977 Class Life Asset surrounding countryside, the coefficient used to establish these tariff zones, we Depreciation Range System. Based on was 100 percent. Therefore, a consumer preliminarily determine that the lower this IRS table, the average useful life of of natural gas in Zone I paid 100 percent rates charged in zones other than Zone assets in the steel industry is 15 years. of the published tariff rate for natural I constitute regional subsidies. However, based on a recent decision by gas, while in Zone IX, the coefficient Because Propulsora was located in the Court of International Trade, we was 45 percent; therefore, a consumer Zone I and paid the full 100 percent of have modified our policy and we now located in Zone IX paid 45 percent of the published rate, we find that it did base the allocation period on company- the published tariff rate. not benefit from this program. SOMISA specific average useful life of assets As noted above, these zones were was located in Zone II and paid only 95 (AUL). See British Steel et al. vs. United established to take into account the percent of the established tariff rate for States et al., 929 F. Supp. 426, (1996 costs of transportation of natural gas natural gas, therefore, we preliminarily CIT). Therefore, we provided SOMISA within the country. Thus, zones located determine that it received a an opportunity to submit its company- further from the natural gas fields would countervailable benefit under this specific AUL. SOMISA stated that due have a higher coefficient and, therefore, program. To determine the amount of to the difficulty in calculating a would have paid a higher price for the benefit received by SOMISA during company-specific AUL due to the natural gas than those located closer to this review period, we calculated the periods of hyperinflation, it requested the natural gas fields. Propulsora was amount the company would have paid that the 15 year period specified in the located in Zone I, therefore, it paid 100 during 1991 for natural gas if it were IRS tables be used as the allocation percent of the published tariff rate, required to pay the full 100 percent of period. In light of the periods of while SOMISA was located in Zone II the published natural gas tariff rates. We hyperinflation, we find that it would be and paid 95 percent of the published then deducted from this amount the unduly burdensome to require the tariff rate. amount for natural gas that it actually company to submit actual AUL data. These tariff zones were established did pay during 1991. We then divided Therefore, in circumstances such as during 1981 and 1982 and were based the difference by total sales in 1991, and here where company-specific AUL is upon a study conducted by Gas del calculated a subsidy of 0.30 percent ad not reasonably available, we are basing Estado (GdE), the state-owned utility valorem for the review period for all the allocation period on the 15 year company. There was no follow-up to the companies, except Propulsora which Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38261 had a significantly different net subsidy administrative review of OCTG, that not maintaining price stability in the rate for the review period pursuant to 19 all companies in Argentina received the country by holding down prices. CFR 355.22(d)(3). The program-specific reduced rates under Resolution 192/91. Companies not listed in Resolution 71/ rate for Propulsora under this program (See the report of the Verification of the 91 automatically qualified for the is 0.00 percent. Government of Argentina’s Response in revised tariff rates published in the 1991 Administrative Review of Oil Resolution 192/91. II. Program Preliminarily Found Not to Country Tubular Goods from Argentina Resolution 71/91 was published by Confer Subsidies (Public Version), which has been put in the Ministry of Economy on February Preferential Natural Gas Tariffs Under the public file for the instant review, 22, 1991. In the period leading up to the Resolution 192/91 and can be found in the Central Records publication of Resolution 71/91, there was high wholesale and retail inflation At the end of 1990, Argentina was Unit, Room B099 of the Main Commerce in Argentina. According to the GOA, it emerging from an extended period of Building.) The tariff rates for natural gas in Argentina were announced in was, therefore, necessary to implement hyperinflation. The GOA believed that resolutions published by the Economy a policy for the domestic market to deregulating and privatizing the large, Minister. In order to qualify for the assist in price stabilization to deal with state-owned utility companies would reduced rates, certain companies had to the self-perpetuating hedging based on lead to price stability by introducing provide documentation to the the future expectation of inflation. In competition in the market. The government that they voluntarily this environment, companies would beginning of this deregulation can be avoided price increases and thus raise prices in expectation of the next found with the passage of Decree 633. contributed to the avoidance of inflation month’s inflation. Resolution 71/91 was Also, within this context, the GOA and currency devaluation in the published in order to dampen this price entered into sectoral agreements with country. These companies were listed in escalation. Argentine industries in order to secure Resolution 71/91. The list of companies published in commitments from industries that they By April of 1991, companies in Resolution 71/91 was compiled using would hold down prices charged to Argentina could seek to obtain reduced three sources: (1) Large taxpayers as their customers in order to stabilize the natural gas prices by two means. If the determined by the Direccion General inflation rate within the economy. In company qualified as a large consumer Impositiva, the Argentine tax collection exchange for this commitment, the GOA of natural gas, it could seek to negotiate agency; (2) price setting enterprises as committed itself to broad based its own rate with the utility company, determined by the Commerce Secretary; economic reforms, including the or it could seek to qualify for the and (3) companies known by the Banco maintenance of stable energy prices. reduced rates which were published in Nacional de la Republica Argentina to In early 1991, the GOA began the first Resolution 192/91. Neither SOMISA nor have a significant amount of steps toward deregulating the natural Propulsora negotiated individual indebtedness. There were a total of gas market in Argentina. Up until April contracts for natural gas during the 1,566 companies listed in Resolution 1991, the GOA set and regulated the period. In addition, SOMISA did not 71/91. Companies named in this list had tariff rates for natural gas in the country. qualify for the reduced tariff rates to provide the GOA with information Prices for natural gas could not deviate published under Resolution 192/91, and that they ‘‘voluntarily avoided price from those prices set by the Economy it continued to pay the higher tariff rates increases’’ during the months of Minister. In April 1991, with the established under Resolution 29/91 for February and March 1991, thereby enactment of Decree 633, two separate the rest of 1991. Propulsora did qualify contributing to the avoidance of price markets for natural gas were created. for the reduced rates under Resolution inflation and currency devaluation. The first market was the wholesale 192/91 and it paid the reduced tariffs If companies listed in Resolution 71/ market which covered transactions from April 1991 through December 31, 91 demonstrated to the government that between producers and distributors as 1991. Therefore, we must determine they ‘‘voluntarily avoided price well as between producers and large whether the reduced tariffs under increases,’’ they were provided with a users of natural gas. The other market Resolution 192/91 provided Propulsora certificate from the Ministry of Economy created by Decree 633 was the retail with a countervailable benefit. which could be presented to GdE. With market which covered sales to On March 27, 1991, the Ministry of the presentation of this certificate, GdE residential and other commercial Economy published Resolution 192/91, would then allow the company to use consumers. Under Decree 633, which set the new tariff rates for natural the reduced tariff rates for natural gas companies in the wholesale market gas. These new rates became effective published in Resolution 192/91. were permitted to engage in negotiations on April 1, 1991. These revised rates Propulsora was listed in Resolution and to enter into individual contracts under Resolution 192/91 applied to both 71/91 and had to provide evidence for natural gas. home and non-home consumption of demonstrating that it ‘‘voluntarily In April 1991, while the GOA was natural gas. Under Section 4 of avoided price increases.’’ Based on the deregulating the prices of natural gas in Resolution 192/91, the tariff rate listed information it provided to the the wholesale market, the GOA also in Annex V applied to businesses, government, it was provided with a began to reduce the tariff rates for official agencies, and industries. certification which made it eligible for natural gas in the retail market with the However, Section 17 of Resolution 192/ the reduced tariff rates under Resolution passage of Resolution 192/91. 91 stated that in order to be entitled to 192/91. Effective April 1, 1991, Resolution 192/91 established new tariff the tariff rates listed in the resolution, Propulsora’s natural gas tariff rates were rates which were approximately 20 corporations listed in Resolution 71/91 based on those set in Resolution 192/91. percent lower than the prior published had to submit evidence that they met SOMISA did not receive a certification rates in Resolution 29/91. The rates the obligations listed in Resolution 71/ and, therefore, was not eligible for the established under Resolution 192/91 91. Companies listed in Resolution 71/ reduced tariff rates. It continued to pay were effective from April 1, 1991 91 had to get a certification in order to the higher tariff rates from the previous through December 31, 1992. We were qualify for the tariff rates published in tariff schedule under Resolution 29/91. informed by the GOA during the Resolution 192/91. A certification meant In order to determine whether the tariff verification of the concurrent 1991 that the company was assisting in rates announced in Resolution 192/91 38262 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices provided a countervailable benefit to electricity through a central dispatch privately-held company and, therefore, Propulsora, we must first determine agency. The distributors would then did not fall under the purview of Law whether the rates provided in that purchase the electricity from this central 23696. resolution are limited to a specific dispatch agency for delivery to the In order to qualify for the treatment of enterprise or industry, or to a group of individual consumer. In order to debt specified under Law 23696, a enterprises or industries as required encourage competition within the company must be partially or wholly- under section 771(5) of the Act. wholesale market, a large individual owned by the government, and be the Under Resolution 192/91, all consumer could negotiate a contract subject of either privatization or companies and businesses are with any utility company within the liquidation. Under Law 23696, any type automatically eligible for tariff rates set country. Although large consumers of liability, whether derived from labor forth in this Resolution unless the could negotiate contracts for electricity or social security obligations, customs company or business is listed in in the wholesale market, the tariff rates duties, lawsuits, contract disputes, fines Resolution 71/91. Companies listed in charged to individual consumers in the or penalties, or liabilities that arose from Resolution 71/91 had to be certified by retail market were still set by the the normal functioning of business the government to qualify for the government. could be assumed directly by the reduced tariffs in Resolution 192/91. During the review period, both government. Under Law 23696, Eighty-five percent of the companies SOMISA and Propulsora continued to SOMISA’s public sector debt acquired that applied for certification for the purchase electricity at the published before April 1, 1991, was eligible for tariffs in Resolution 192/91 (462 tariff rates for businesses and companies consolidation and assumption by the companies) were approved for the in Argentina, and they did not negotiate GOA. Although the debt acquired by reduced natural gas rates. In deciding individual contracts with utility SOMISA before April 1, 1991 was whether to approve an application, the companies. Therefore, we preliminarily covered under Law 23696, the actual GOA uniformly applied the criteria determine that this program was not assumption of SOMISA’s debt by the specified in Resolution 71/91 to each used during the period of review and government was not authorized until applicant. need not reach the issue of whether the 1992, under Decree 1144/92. Decree All companies and businesses in program is otherwise countervailable. 1144/92, which was enacted July 15, Argentina that were not listed in • 1992, also (1) canceled all of SOMISA’s Resolution 71/91, and 462 companies Privatization Assistance Under Law 23696 and Decree 1144/92 debt acquired from April 1, 1991 until and businesses listed in Resolution 71/ January 1, 1992; (2) exempted SOMISA In 1989, the GOA embarked upon a 91 which received certifications paid from the stamp tax and from other taxes reform program designed to restructure the Resolution 192/91 tariff rate for which are imposed on the transfer of the economy, stabilize the currency, natural gas. These companies and assets and land; and (3) stated that the refinance the public debt and reduce the businesses represent virtually all GOA would assume SOMISA’s labor- public sector. A central element of this industries in Argentina. Therefore, we related obligations incurred prior to its program was the privatization of large preliminarily determine that the privatization. public enterprises. The general published tariff rates listed in Decree 1144/92, which authorized privatization law, Chapter II of Law Resolution 192/91 are not limited, by SOMISA’s debt consolidation and 23696, published on August 17, 1989, law, or in fact, to an enterprise or assumption was not enacted until after established procedures for the transfer industry or to a group of enterprises or the period of review and there was no of state assets to the private sector. industries as required under section debt assumption or forgiveness during Among other provisions, it provides that 771(5) of the Act. As such, we the period of review. Therefore, we the Executive Branch may (1) decide preliminarily determine the rates under preliminarily determine that SOMISA which assets will be privatized; (2) Resolution 192/91 to be non- did not receive any benefits during the countervailable. reorganize going concerns and transfer assets and liabilities from those period of review from the debt III. Programs Preliminarily Found Not concerns prior to privatization; and (3) consolidation and assumption under To Be Used assume the debt of public enterprises Law 23696, nor did it receive benefits under Decree 1144/92 during the period We examined the following programs undergoing privatization. of review. and preliminarily find that the Law 23696 requires that before an entity may be privatized, the Executive The following programs also were not producers and/or exporters of the used during the review period: subject merchandise did not apply for or Branch must declare it subject to • privatization and an Act of Congress Medium- and Long-Term Loans. receive benefits under these programs • Capital Grants. during the period of review: must be promulgated. SOMISA was one • Income and Capital Tax of twenty-six companies under the aegis • Preferential Electricity Tariff Rates Exemptions. of the Ministry of Defense that were • Government Trade Promotion Until April 1991, the tariff rates for declared subject to privatization on July Programs. electricity were set by the government. 23, 1990. Congress ratified that • Exemption from Stamp Taxes On April 17, 1991, the GOA published declaration in Act 24045 on December Under Decree 186/74. Decree 634/91, which provided for the 31, 1991. As stated above, Law 23696 • Incentives for Trade (Stamp Tax deregulation of the electricity industry allows the GOA to reorganize state- Exemption Under Decree 716). in Argentina. This decree created two owned companies which are to be • Incentive for Export. market levels for electricity in privatized and to also assume the debt • Export Financing Under OPRAC 1, Argentina, the wholesale market and the of state-owned companies undergoing Circular RF–21. retail market. The wholesale market was privatization. Although SOMISA was • Pre-Financing of Exports Under comprised of the producers, generators, not privatized until November 1992, we Circular RF–153. and distributors of electricity as well as must examine whether SOMISA • Loan Guarantees. the large individual consumers of received any countervailable benefits • Post-Export Financing Under electricity. Under Decree 634, the under this GOA program during 1991, OPRAC 1–9. producers and generators would sell our period of review. Propulsora is a • Debt Forgiveness. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38263

• Tax Deduction Under Decree 173/ briefs, limited to arguments raised in EFFECTIVE DATE: This authorization is 85. case briefs, may be submitted seven effective from July 11, 1997, until days after the time limit for filing the November 1, 1997, unless extended. IV. Program Preliminarily Found Not to case brief. Parties who submit argument Exist ADDRESSES: The application, in this proceeding are requested to authorization, monitoring plan, and 1. Tax Concessions for the Steel submit with the argument (1) a 1996 environmental assessment (EA) are Industry statement of the issue and (2) a brief available by writing to the Chief, Marine Petitioners alleged that, under summary of the argument. Any hearing, Mammal Division, Office of Protected Paragraph 8 of the April 11, 1991 Steel if requested, will be held seven days Resources, NMFS, 1315 East-West Agreement between the GOA and after the scheduled date for submission Highway, Silver Spring, MD 20910– Argentine steel producers, the GOA of rebuttal briefs. Copies of case briefs 3225, or by telephoning one of the provides the steel industry with tax and rebuttal briefs must be served on contacts listed below. concessions. According to the response interested parties in accordance with 19 FOR FURTHER INFORMATION CONTACT: of the GOA, Paragraph 8 of the Steel CFR 355.38(e). Kenneth R. Hollingshead, Office of Agreement does not provide tax Representatives of parties to the Protected Resources, NMFS, (301) 713– concessions to the steel industry but proceeding may request disclosure of 2055, Brad Smith, Western Alaska Field merely states that the industry’s proprietary information under Office, NMFS, (907) 271–5006. administrative protective order no later Reembolso level will be studied taking SUPPLEMENTARY INFORMATION: into account the tax incidence of steel than 10 days after the representative’s producers. For information on the client or employer becomes a party to Background Reembolso/Reintegro program, see the the proceeding, but in no event later Section 101(a)(5)(A) and (D) of the section ‘‘Rebate of Indirect Taxes,’’ than the date the case briefs, under MMPA (16 U.S.C. 1361 et seq.) directs above. Therefore, we preliminarily section 355.38(c), are due. the Secretary of Commerce (Secretary) determine that there were no new tax The Department will publish the final to allow, upon request, the incidental, concessions provided to the steel results of this administrative review but not intentional, taking of marine industry under the Steel Agreement. including the results of its analysis of mammals by U.S. citizens who engage issues raised in any case or rebuttal brief Preliminary Results of Review in a specified activity (other than or at a hearing. commercial fishing) within a specified For the period January 1, 1991 This administrative review and notice geographical region if certain findings through December 31, 1991, we are in accordance with section 751(a)(1) are made and either regulations are preliminarily determine the net subsidy of the Act (19 U.S.C. 1675(a)(1)) and 19 issued or, if the taking is limited to to be 0.00 percent ad valorem for CFR 355.22. harassment, notice of a proposed Propulsora and 1.84 percent ad valorem Dated: July 10, 1997. authorization is provided to the public for all other companies. Robert S. LaRussa, for review. If the final results of this review Acting Assistant Secretary for Import Permission may be granted if NMFS remain the same as these preliminary Administration. finds that the taking will have a results, the Department intends to [FR Doc. 97–18871 Filed 7–16–97; 8:45 am] negligible impact on the species or instruct the U.S. Customs Service to BILLING CODE 3510±DS±P stock(s), will not have an unmitigable assess the following countervailing adverse impact on the availability of the duties: species or stock(s) for subsistence uses, DEPARTMENT OF COMMERCE and the permissible methods of taking Rate Manufacturer/exporter (percent) and requirements pertaining to the National Oceanic and Atmospheric monitoring and reporting of such taking Propulsora ...... 0.00 Administration are set forth. All Other Companies ...... 1.84 On April 10, 1996 (61 FR 15884), [I.D. 062597B] NMFS published an interim rule The Department also intends to Taking and Importing of Marine establishing, among other things, instruct the U.S. Customs Service to Mammals; Offshore Seismic Activities procedures for issuing incidental assess these countervailing duties on in the Beaufort Sea harassment authorizations under section entries of the subject merchandise 101(a)(5)(D) of the MMPA in Arctic covered by this administrative review AGENCY: National Marine Fisheries waters. For additional information on for the period January 1, 1991 through Service (NMFS), National Oceanic and the procedures to be followed for this September 19, 1991, and to liquidate all Atmospheric Administration (NOAA), authorization, please refer to that entries made on or after September 20, Commerce. document. 1991, without regard to countervailing ACTION: Notice of issuance of an Summary of Request duties. This countervailing duty order incidental harassment authorization. was revoked effective January 1, 1995. On March 5, 1997, NMFS received an As such, no further instructions will be SUMMARY: In accordance with provisions application from BPXA, 900 East sent to Customs regarding cash deposits. of the Marine Mammal Protection Act Benson Boulevard, Anchorage, AK Parties to the proceeding may request (MMPA) as amended, notification is 99519, requesting a 1-year renewal of disclosure of the calculation hereby given that an Incidental their authorization for the harassment of methodology and interested parties may Harassment Authorization (IHA) to take small numbers of several species of request a hearing no later than 10 days small numbers of bowhead whales and marine mammals incidental to after the date of publication of this other marine mammals by harassment conducting seismic surveys during the notice. Interested parties may submit incidental to conducting seismic open water season in the Western written arguments in case briefs on surveys in the Western Beaufort Sea in Beaufort Sea between approximately these preliminary results within 30 days state and federal waters has been issued 145o 30’W and 150o 30’W, in U.S. of the date of publication. Rebuttal to BP Exploration (Alaska) (BPXA). waters. Weather permitting, the survey 38264 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices is expected to take place between in the proposed authorization notice project, to reduce the potential for any approximately July 1 and October 20, where NMFS stated: ‘‘An incidental ear injury to the greatest extent 1997. A detailed description of the work harassment take is presumed to occur practicable, BPXA will be required, as a planned is contained in the application when marine mammals * * *react to the condition of the IHA, to use biological (BPXA 1997) and is available upon generated sounds or visual cues.’’ and observers to monitor marine mammal request (see ADDRESSES). statements found in 61 FR 64338 presence in the vicinity of the seismic Comments and Responses (December 4, 1996): array. To avoid the potential for serious injury to marine mammals, BPXA will A notice of receipt of the application ‘‘Until new policy is implemented, NMFS’ working definition is that incidental power down the seismic source if and proposed authorization was harassment has not taken place (sufficient to pinnipeds are sighted: published on April 22, 1997 (62 FR warrant an incidental small take (a) Within 260 m (853 ft) of an array 19553), and a 30-day public comment authorization) if the marine mammal of >720 in3 and <1,320 in3 at >2.5 m (8.3 period was provided on the application indicates simple alert, startle, or dive ft) depth; and proposed authorization. During the reaction in response to a single noise event. (b) Within 130 m (426 ft) of that array comment period, comments received For airborne events, only if marine mammals operating at <2.5 m (8.3 ft) depth; were from the Marine Mammal move away from the noise or other (c) Within 130 m (426 ft) of an array Commission (MMC), LGL Limited on harassment source, either towards the water of >120 in3 and <720 in3 operating at behalf of BPXA, the Alaska Eskimo if on land, or an obvious directional change >2.5 m (8.3 ft) depth; seaward if already in the surf zone, does Whaling Commission (AEWC) and NMFS consider a harassment event to have (d) Within 60 m (197 ft) of that array Greenpeace Alaska (Greenpeace). Some taken place.’’ operating at <2.5 m (8.3 ft) depth; and of LGL’s comments pertained to minor (e) Within 60 m (197 ft) of a single corrections to the proposed Response: NMFS is presently airgun or an array of <120 in3. authorization notice and are not reviewing the issue of noise in marine BPXA will power down the seismic discussed below, others are discussed. waters and its effect on marine source if bowhead, gray, or belukha Information on the activity and mammals. Based upon that review, whales are sighted: authorization request that are not NMFS expects to propose policy and (a) Within either 1020 m (3346 ft) of subject to reviewer comments can be guidance on what does and what does an array >720 in3 and <1,320 in3 found in the proposed authorization not constitute a take by harassment and operating at >2.5m (8.3 ft) depth; or notice and is not repeated here. thereby subject to authorization under (b) Within 640 m (2100 ft) of that the MMPA. Until such time, NMFS array operating at <2.5 m (8.3 ft) depth General concerns recommends potential applicants take a or of any smaller airgun source Comment 1: LGL requested conservative interpretation of the operating at any depth (BPXA 1997). clarification that the proposed seismic statutory definition of harassment (e.g., At the above referenced distances, the area extends east and west of the has the potential to disturb a marine seismic source will be powered down Northstar Unit proper. mammal or marine mammal stock in the whenever pinnipeds or cetaceans could Response: NMFS notes that the wild by causing disruption of behavioral be exposed to sound pressure levels application refers to a primary survey patterns, including, but not limited to, equal to or greater than 190 dB and 180 area that includes the Northstar area and migration, breathing, nursing, breeding, dB (re 1 µPa), respectively. These other waters west of 148o W long. feeding, or sheltering). distances are considered conservative (e.g., give greater protection to marine However, ice conditions could preclude Marine mammal concerns seismic operations in that area at some mammals) in comparison to mitigation times. As a result, BPXA has selected Comment 4: Greenpeace believes that required on other seismic surveys other locations of interest in order to there is an increasing amount of holding small take authorizations (see allow more options for operations to scientific literature which illustrates for example 60 FR 53753, October 17, continue in areas of open water. that seismic testing significantly 1995). For additional discussion on this Essentially the areas of interest to BPXA impacts marine mammals and other issue, please refer to BPXA’s 1996 lie between Harrison Bay and Flaxman species, such as fish. Greenpeace states application (61 FR 26501, May 28, Island in the Western Beaufort Sea. that it is well known that marine 1996)). These areas were noted in Figure 3 of mammals communicate by using sound In addition, BPXA will ramp-up the the application. and that it is clear that many species are seismic source to operating levels at a Comment 2: LGL notes that the closest extremely sensitive to both sound and rate no greater than 6 dB/min. If the point of approach of the planned physical disturbance. Based on the array includes airguns of different sizes, seismic area to places where Kaktovik precautionary principle therefore, the smallest gun will be fired first. whalers are known to have taken Greenpeace believes that when there is Additional guns will be added at bowhead whales is about 32 mi (51 km). evidence to indicate that there could be intervals appropriate to limit the rate of Response: NMFS notes that Flaxman harm, an activity should not be carried increase in source level to a maximum Island is located at approximately 146o out. Greenpeace provides a reference of 6 dB/min. This will allow sufficient W long., while Figure 3 of the BPXA (i.e., Chapter 6 in Greenpeace: Oil in opportunity for any unseen marine application (BPXA 1997) indicates the Arctic Waters: The Untold Story of mammals to move away from the source seismic survey area continues east of Offshore Drilling in Alaska) as evidence before being exposed to sounds from the Flaxman to approximately 145o 30’W. contrary to the applicant’s scientific full seismic array. The location of the westernmost evidence of negligible impact. When the received levels of noise Kaktovik whaling location is 144o 11’W Response: One of the primary exceed some behavioral reaction (BPXA 1997). Therefore, the last concerns with marine seismic surveys threshold, cetaceans will show sentence in 62 FR 19555, third column, in Arctic waters is for those animals that disturbance reactions (BPXA 1997). The third to last paragraph (April 22, 1997), might be within close proximity of the levels, frequencies, and types of noise was incorrect. source when it is powered up. While that will elicit a response vary between Comment 3: LGL requested permanent hearing damage is not and within species, individuals, clarification between NMFS’ statements expected to occur as a result of the locations and season. Behavioral Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38265 changes may be subtle alterations in into negligible impacts on feeding by seismic noise. This difference was surface-respiration-dive cycles. More bowheads. not statistically significant, but the low conspicuous responses include changes numbers of sightings precluded Subsistence concerns in activity or aerial displays, movement meaningful interpretation (BPXA 1997). away from the sound source, or Comment 5: LGL notes that Inupiat One of the objectives of the 1997 complete avoidance of the area. The whalers believe that avoidance reactions proposed monitoring plan (LGL 1997) reaction threshold and degree of by bowhead whales can extend to longer will be to continue this investigation. response are related to the activity of the distances, at least for actively migrating While the location of the proposed animal at the time of the disturbance. whales. Greenpeace notes that the seismic activity is south of the main Whales engaged in active behaviors whaling captains have presented westward migration route of bowhead such as feeding, socializing or mating compelling evidence that the (bowhead) whales, whalers believe that some are less likely than resting animals to whales are displaced from their migrating bowheads are deflected by show overt behavioral reactions, unless migratory route and feeding areas by seismic operations at distances greater the disturbance is directly threatening seismic and drilling operations and than those documented by scientific (BPXA 1997). quote NSB whalers testimony that the studies done to date (MMS 1997). It should be noted that masking zone of influence of seismic operations Scientists believe that although whales effects on marine mammal calls and on the bowhead whale as much greater may be able to hear the sounds emitted other natural sounds are expected to be than that documented by visiting by the seismic array out to a distance of limited in the case of bowhead and gray scientists. Greenpeace claims NMFS 30 mi (50 km) or more, it is unlikely that whales, given the fact that seismic ignores the whaling captains’ discussion changes in migration route will occur at sounds are short pulses occurring for of subtle behavioral effects on the distances of >15 miles (>25 km) (BPXA less than 1 sec every 6–12 sec. bowhead whale (e.g., spookiness). The 1997). Bowheads are known to continue AEWC notes that hunters, at the March It is recognized that it is difficult to calling in the presence of seismic 5, 1997, Minerals Management Service’s determine the maximum distance at pulses; their calls can be heard between (MMS) Barrow, AK seismic workshop, which reactions occur (Moore and Clark the seismic pulses (Richardson et al. stressed repeatedly that seismic noise 1992). As a result, BPXA is developing 1986). Masking effects are expected to causes Fall migrating bowheads to begin a CAA with the whalers (see response be absent in the case of belukhas, given to deflect from their path at great to comment 8 below) to reduce any that sounds important to them are distances (up to 35 miles (mi)). potential interference with the hunt. predominantly at much higher Response: A primary focus for Also, it is believed that the monitoring frequencies than are the airgun sounds. monitoring marine seismic surveys in plan proposed by BPXA (LGL and The best scientific information Arctic waters is to determine the zone Greeneridge 1997) will provide available indicates that fish will often of influence for seismic noise on marine information that will help resolve react to sounds, especially strong and/ mammals, especially as it may affect the uncertainties about the effects of seismic or intermittent sounds of low frequency subsistence hunting of bowhead whales. exploration on the accessibility of (BPXA 1997). Sound pulses at received Various studies (Reeves et al. 1984, bowheads to hunters. This will be levels of 160 dB (re 1 µPa) may cause Fraker et al. 1985, Richardson et al. subject for review and discussion at the subtle changes in behavior. Pulses at 1986, Ljungblad et al. 1988) have monitoring peer review workshop on levels of 180 dB may cause noticeable reported that, when an operating July 16 and 17, 1997. changes in behavior (Chapman and seismic vessel approaches within a few Monitoring concerns Hawkins 1969, Pearson et al. 1992, kilometers, most bowhead whales Skalski et al. 1992). It also appears that exhibit strong avoidance behavior and Comment 6: Greenpeace believes that fish often habituate to repeated strong changes in surfacing, respiration, and BPXA’s 1996 and 1997 monitoring plans sounds rather rapidly, on time scales of dive cycles. Bowheads exposed to are not scientifically sufficient to minutes to an hour. However, the seismic pulses from vessels more than determine impacts to Arctic pinniped habituation does not endure, and 4.5 mi (7.5 km) away rarely showed and cetacean species. If the application resumption of the disturbing activity observable avoidance of the vessel, but is approved (against Greenpeace’s may again elicit disturbance responses their surface, respiration, and dive recommendation), Greenpeace wants from the same fish (BPXA 1997). cycles appeared altered in a manner NMFS to require a comprehensive Therefore, fish near the airguns are similar to that observed in whales monitoring plan that is fully subjected likely to dive to the bottom or exhibit exposed at a closer distance (BPXA to independent peer design and review. some other kind of behavioral response. 1996). The AEWC also recommends that if the This would likely have little or no Within a 3.7–60 mi (6–99 km) range, seismic survey continues after impact on marine mammal feeding. it has not been possible to determine a September 1 the monitoring plan must Zooplankters that are very close to the specific distance at which subtle be (1) as comprehensive as that done source may react to the seismic shock behavioral changes no longer occur during 1996; (2) peer-reviewed and wave. Little, if any, mortality is (Richardson and Malme 1993), given the revised as necessary in response to the expected. Bowheads feed on high variability observed in bowhead peer-review; and (3) account for concentrations of zooplankton whale behavior (BPX 1996). material presented at the March 5, 1997, (Thomson and Richardson 1987). A Analysis of the results from BPXA’s MMS seismic workshop held in Barrow, reaction by zooplankton to a seismic 1996 seismic monitoring program has Alaska. impulse would only be relevant to not provided conclusive evidence about Response: Section 101(a)(5)(D)(ii)(II) bowheads if it caused a concentration of the radius of avoidance of bowheads to of the MMPA requires authorizations zooplankton to scatter. Pressure changes the seismic program. In that year, the issued under this section to prescribe, of sufficient magnitude to cause this peak number of bowhead sightings was where applicable, requirements type of reaction would probably occur 6.2–12.3 mi (10–20 km) from shore pertaining to the monitoring and only very close to the source. Impacts during no-seismic periods and 20–30 reporting of such taking by harassment, on zooplankton behavior are predicted km (12.3–18.6 mi) from shore during including requirements for independent to be negligible and this would translate periods that may have been influenced peer review of proposed monitoring 38266 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices plans or other research proposals where designed to substantiate the ‘‘zone of of the Secretary. NMFS’ responsibility is the proposed activity may affect the influence,’’ however distant; (2) limited to issuance or denial of an availability of a species or stock for operations must cease well before the authorization for the short-term, taking for subsistence purposes. fall bowhead migration and not incidental harassment of a small A draft monitoring plan for BPXA’s continue during the fall bowhead hunt; number of marine mammals by BPXA 1996 seismic survey was reviewed by and (3) no seismic operations should be while conducting a seismic survey NMFS, AEWC and other scientists in allowed to continue east of Cross Island within an authorized lease sale area. conjunction with a workshop held in after the end of August. The MMC Furthermore, 3–D seismic surveys do Seattle, WA on May 20 and 21, 1996. An recommends that NMFS be satisfied that not involve any oil drilling or amended monitoring plan was prepared the proposed monitoring program is production activities. The survey would by BPXA in June 1996 and submitted to adequate to verify that only small provide subsurface data that would NMFS for approval. Subsequently, numbers of marine mammals are taken, enable BPXA to more accurately assess NMFS issued an IHA to BPXA on July that the taking is by harassment only, the oil-bearing strata to more efficiently 18, 1996, and BPXA implemented its and that the impacts on the affected develop the Northstar field. Geological monitoring plan for that year. species/stocks are negligible. and geophysical work to gather seismic On March 15, 1997, BPXA submitted Response: Recognizing that data is authorized by BPXA’s lease. a draft monitoring plan to NMFS for the Greenpeace recommendations (2) and seismic survey in 1997. This document National Environmental Policy Act (3) are mitigation recommendations and (NEPA) concerns supplemented the information not monitoring recommendations, contained in section XIII of BPXA’s NMFS notes that both are presently Comment 11: Greenpeace notes that March 5, 1997 application. Both subject to negotiations between BPXA the proposed action would have documents were subsequently provided and the AEWC/NSB. Resolution of these significant and unmitigable impacts to to reviewers beginning on April 22, measures will be contained in a Conflict subsistence communities and the Arctic 1997, at the start of the public comment and Avoidance Agreement (CAA) signed marine environment and therefore period. The draft report on the 1996 by these parties. A signed CAA supports NMFS fails to meet NEPA standards for monitoring and research program and NMFS determination that there are no making a Finding of No Significant the draft monitoring program for 1997 unmitigable adverse impacts for Impact (FONSI). Greenpeace urges will be reviewed by NMFS, AEWC and subsistence needs. NMFS to prepare a full environmental independent scientists at a workshop to While implementation of these impact statement (EIS) that considers be held in Seattle, WA on July 16 and mitigation measures would be expected the comprehensive environmental and 17, 1997. As required in their IHA, an to reduce the number of harassment human impacts of BPXA’s seismic amended monitoring plan will need to takes on bowhead whales, it would also operations in the Beaufort Sea in the be prepared by BPXA and submitted to significantly reduce the limited time context of other present and future oil NMFS for review and approval prior to available in the Western Beaufort Sea industry exploration and development August 20, 1997, in order for the IHA’s for survey work. activities in the region. period of validity to be extended after As mentioned above, the Response: In conjunction with the September 1, 1997. requirements and design of the 1996 notice of proposed authorization Comment 7: The AEWC recommends monitoring plan will be the subject of for BPXA’s application (61 FR 26501, (1) that NMFS should not approve any the peer-review workshop this month. A May 28, 1996), NMFS released an EA monitoring plan or issue an IHA until task of that workshop will be to ensure that addressed the impacts on the the results of the 1996 monitoring study that the monitoring program can, to the human environment from issuance of an have been peer-reviewed. A major extent practicable, make the findings IHA to BPXA to conduct a seismic aspect of the peer-review should be to necessary to support the determinations survey in the Western Beaufort Sea, and determine the extent to which the 1996 made herein. the alternatives to that proposed action. monitoring effort met the objectives of Comment 9: The MMC recommends No comments were received on that the 1996 monitoring plan. that the plan be reviewed to take into document and, on July 18, 1996, NMFS Response: NMFS agrees in part. account appropriate comments provided concluded that neither implementation However, because of the delay in by the peer review panel on the 1997 of the proposed authorization to BPXA completing a Plan of Cooperation monitoring plan. The panel should for the harassment of small numbers of (Conflict and Avoidance Agreement) review the report to assure that the several species of marine mammals between BPXA and the AEWC, and the objectives are met and, if they are not, incidental to conducting seismic effect of this delay on determining the that the monitoring program for 1997 is surveys during the open water season in appropriate monitoring for assessing revised accordingly. the Northstar Unit and nearby waters in whether the survey would have an Response: Thank you for this the U.S. Beaufort Sea, nor the unmitigable adverse impacts on native recommendation. alternatives to that action, would subsistence needs, a workshop for peer- significantly affect the quality of the reviewing the monitoring plan has been Cumulative impacts concerns human environment. This year’s activity delayed. As a result, NMFS will not Comment 10: Greenpeace believes is a continuation of the seismic work delay the issuance of the IHA until NMFS is ignoring cumulative impacts conducted in 1996. For BPXA’s 1997 completion of a review of the 1997 from oil exploration and development application, NMFS has conducted a monitoring plan, or the results of the in the Arctic, including global warming review of the impacts expected from the 1996 monitoring plan, but will require and climate change perpetuated by the issuance of an IHA in comparison to both to be completed to the satisfaction continued production and burning of those evaluated in 1996. As described in of NMFS prior to the beginning of the fossil fuels. detail herein, NMFS has again bowhead whale migration and the start Response: NMFS would like to clarify determined that there will be no more of the Western Beaufort Sea subsistence that it does not authorize the activity than a negligible impact on marine harvest (e.g., September 1, 1997). (i.e., conducting the seismic survey); mammals from the issuance of the Comment 8: Greenpeace also believes such authorization is provided by the harassment authorization and that there (1) the monitoring plan must be MMS and is not within the jurisdiction will not be any unmitigable impacts to Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38267 subsistence communities provided the location of the proposed seismic activity Authorization mitigation measures required under the in waters generally too shallow and Accordingly, NMFS has issued an authorization are implemented. Because distant from the edge of the pack ice for IHA to BPXA for the above described the activity is the same conducted in most marine mammals of concern, the seismic survey during the 1997 open 1996, and no new impacts on the number of potential harassment takings water season provided the mitigation, environment have been identified, a is estimated to be small (see 62 FR monitoring and reporting requirements new EA is not warranted and therefore, 19553, April 22, 1997 for potential described in the authorization are the preparation of an EIS on this action levels of take). In addition, no take by undertaken. is not required by section 102(2) of injury and/or death is anticipated, and NEPA or its implementing regulations. the potential for temporary or Dated: July 11, 1997. A copy of the EA is available upon permanent hearing impairment will be Patricia A. Montanio, request (see ADDRESSES). avoided through incorporation of the Deputy Director, Office of Protected NMFS notes that the responsibility for mitigation measures described in the Resources, National Marine Fisheries Service. reviewing an activity under NEPA authorization. [FR Doc. 97–18862 Filed 7–16–97; 8:45 am] belongs primarily to the responsible Because bowhead whales are east of BILLING CODE 3510±22±F Federal agency, if that activity is the seismic area in the Canadian Federal, federally-funded, or federally- Beaufort Sea until late August/early permitted. The MMS of the U.S. September, seismic activities are not DEPARTMENT OF COMMERCE Department of the Interior has expected to impact subsistence hunting National Oceanic and Atmospheric responsibility for leasing and of bowhead whales prior to that date. Administration subsequent exploration and After September 1, 1997, BPXA will development activities under the Outer initiate aerial survey flights for bowhead Continental Shelf Lands Act. As a whale assessments, and take other [I.D. 071097E] result, MMS published draft and final actions to avoid having an unmitigable EISs under NEPA regarding leasing of adverse impact on subsistence uses. Caribbean Fishery Management offshore oil and gas exploration in this Appropriate mitigation measures to Council; Public Meeting area (Lease Sale Area 144). Seismic avoid an unmitigable adverse impact on surveys are covered under those AGENCY: National Marine Fisheries the availability of bowhead whales for Service (NMFS), National Oceanic and documents. In addition, a multi-agency subsistence needs is the subject of NEPA document is currently under Atmospheric Administration (NOAA), consultation between BPXA and Commerce. development by the Corps of Engineers. subsistence users. As a result of ACTION: Notice of public meeting. This document will analyze the discussions between the two parties, a proposal for oil and gas development at Conflict and Avoidance Agreement is, at Northstar and the alternatives to that SUMMARY: The Caribbean Fishery this time, near completion. This proposal. A notice of NEPA scoping was Management Council (Council) and its Agreement consists of three main published for public comment in Administrative Committee will hold components: (1) Communications, (2) November 1995; a draft EIS is planned meetings. conflict avoidance, and (3) dispute for release later this year. Presumably, DATES: The meetings will be held on resolution. an analysis of concerns regarding August 11–13, 1997. Summer seismic exploration in and potential future oil and gas industry and ADDRESSES: near the Northstar Unit has a small All meetings will be held at other environmental issues will be potential to influence seal hunting the Caravelle Hotel, in Christiansted, St. found in this document. activities by residents of Nuiqsut. Croix, U.S. Virgin Islands. Consultation However, NMFS believes that because Council Address: Caribbean Fishery Management Council, 268 Mun˜ oz Under section 7 of the Endangered (1) the peak sealing season is during the winter months, (2) the main summer Rivera Avenue, Suite 1108, San Juan, PR Species Act, NMFS has completed 00918–2577. consultations on the issuance of this sealing is off the Colville delta (west and FOR FURTHER INFORMATION CONTACT: authorization. inshore of Northstar), and (3) the zone of influence by seismic sources on Caribbean Fishery Management Council; Conclusions beluga and seals is fairly small, the 1997 telephone: (787) 766–5926. NMFS has determined that the short- BPXA seismic survey will not have an SUPPLEMENTARY INFORMATION: The term impact of conducting seismic unmitigable adverse impact on the Council will hold its 92nd regular surveys in the Western Beaufort Sea will availability of these stocks for public meeting to discuss the First result, at worst, in a temporary subsistence uses. Amendment to the Coral Fish Fishery modification in behavior by certain Since NMFS is assured that the taking Management Plan, among other topics. species of cetaceans. While behavioral will not result in more than the The Council will convene on August modifications may be made by these incidental harassment (as defined by the 12, 1997, from 9:00 a.m. to 5:00 p.m., species of cetaceans to avoid the MMPA Amendments of 1994) of small through August 13, 1997, from 9:00 a.m. resultant noise, this behavioral change numbers of certain species of marine to noon, approximately. is expected to have a negligible impact mammals, would have only a negligible The Administrative Committee will on the animals. The number of potential impact on these stocks, will not have an meet on August 11, 1997, from 1:00 p.m. incidental harassment takes will depend unmitigable adverse impact on the to 5:00 p.m., to discuss administrative on the distribution and abundance of availability of these stocks for matters regarding Council operation. marine mammals (which vary annually subsistence uses, and would result in The meetings are open to the public, due to variable ice conditions and other the least practicable impact on the and will be conducted in English. factors) in the area of seismic stocks, NMFS has determined that the Fishers and other interested persons are operations. Due to the distribution and requirements of section 101(a)(5)(D) invited to attend and participate with abundance of marine mammals during have been met and the authorization can oral or written statements regarding the projected period of activity and the be issued. agenda issues. 38268 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Special Accommodations annual research cruise, and mandatory Dated: July 11, 1997. These meetings are physically Vessel Monitoring System for data Bruce C. Morehead, accessible to people with disabilities. transmission and catch reporting, Acting Director, Office of Sustainable For more information or requests for b. Regulatory inconsistencies with Fisheries, National Marine Fisheries Service. sign language interpretation and/or Main Hawaiian Islands; and [FR Doc. 97–18806 Filed 7–16–97; 8:45 am] other auxiliary aids please contact Mr. c. Discussion of areas not included in BILLING CODE 3510±22±F Miguel A. Rolo´n, Executive Director, the fishery management plan (Northern (see ADDRESSES) at least 5 days prior to Mariana Islands, Palmyra, Johnston, the meeting date. Kingman); DEPARTMENT OF COMMERCE Dated: July 11, 1997. 3. Precious Corals management National Oceanic and Atmospheric Bruce C. Morehead, including: Administration a. Status of the fishery at Makapuu; Acting Director, Office of Sustainable [I.D. 070997B] Fisheries, National Marine Fisheries Service. and [FR Doc. 97–18864 Filed 7–16–97; 8:45 am] b. Draft amendment for framework Western Pacific Fishery Management BILLING CODE 3510±22±F process; Council; Public Meeting 4. Report on Western Pacific Sustainable Fisheries Fund; AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE 5. Hawaii bottomfish issues, Service (NMFS), National Oceanic and including: Atmospheric Administration (NOAA), National Oceanic and Atmospheric Commerce. Administration a. Status of the fishery and the State of Hawaii’s plan for dealer reporting, ACTION: Notice of public meeting. [I.D. 071097D] b. Status report on Department of SUMMARY: The Western Pacific Fishery Land and Natural Resources’ regulations Western Pacific Fishery Management Management Council (Council) will for overfished Main Hawaiian Islands Council; Public Meeting hold a meeting of its Native and onaga and ehu fisheries and Federal Indigenous Rights Advisory Panel. AGENCY: National Marine Fisheries considerations, DATES: The meeting will be held on Service (NMFS), National Oceanic and c. Northwestern Hawaiian Islands August 14–15, 1997, from 8:30 a.m. to Atmospheric Administration (NOAA), bottomfish management system 5:00 p.m. Commerce. including draft amendment for Mau ADDRESSES: The meeting will be held at ACTION: Notice of public meeting. Zone limited entry, Task Force report, the Pakalana/Anthurium Room, Ala and status of new entry into the Moana Hotel, 410 Atkinson Drive, SUMMARY: The Western Pacific Fishery Hoomalu Zone; and Honolulu, HI: telephone: 808–955–4811. Management Council’s (Council) d. Hawaii Bottomfish Plan Team/ Council address: Western Pacific Scientific and Statistical Committee Advisory Panel recommendations; Fishery Management Council, 1164 (SSC) will hold its 66th meeting. 6. Ecosystem and Habitat issues, Bishop St., Suite 1405, Honolulu, HI DATES: The meeting will be held August including: 96813. 5–7, 1997, from 8:00 a.m. to 5:00 p.m., a. Final region-wide coral reef FOR FURTHER INFORMATION CONTACT: each day. assessment, Kitty M. Simonds, Executive Director; ADDRESSES: The meeting will be held at b. Report on progress with draft telephone: 808–522–8220. the King Kamehameha Hotel, Kailua- amendments for Essential Fish Habitat, SUPPLEMENTARY INFORMATION: The Kona, HI; telephone: (808) 329–2911. c. Bathymetric mapping of Pacific Council’s Native and Indigenous Rights Council address: Western Pacific Advisory Panel will hold a meeting to Fishery Management Council, 1164 Insular Areas, d. Summary of recent activities in discuss the history and characteristics of Bishop St., Suite 1405, Honolulu, HI the Alaska Community Development 96813. Hawaii, Guam and Commonwealth of Northern Mariana Islands; and Quota Program, recent Federal FOR FURTHER INFORMATION CONTACT: legislation authorizing the e. Advisory Panel recommendations; Kitty M. Simonds, Executive Director; establishment of a Western Pacific telephone: (808) 522–8220. 7. Progress on Magnuson-Stevens Act Community Development Program and SUPPLEMENTARY INFORMATION: The SSC requirements, including draft other issues related to indigenous will discuss and may make amendments to fisheries management fishing rights and practices in the recommendations to the Council on the plans regarding: Council’s area of jurisdiction. following agenda items: a. Essential Fish Habitat, 1. Pelagic fishery issues, including: b. Bycatch; Special Accommodations a. Status of the fishery; c. Overfishing; This meeting is physically accessible b. Pelagic fisheries research; d. Fishing sectors; and to people with disabilities. Requests for c. Management issues for the western e. Fishing communities; and sign language interpretation or other central Pacific Ocean; auxiliary aids should be directed to d. Bycatch/incidental take issues 8. Other business as required. Kitty M. Simonds, 808–522–8220 (albatross, turtles, sharks), marine Special Accommodations (voice) or 808–522–8226 (fax), at least 5 mammal interactions with Hawaii days prior to meeting date. pelagic fisheries; and This meeting is physically accessible e. Small pelagic fisheries catch data to people with disabilities. Requests for Dated: July 11, 1997. and the impact of ocean recreation sign language interpretation or other Bruce C. Morehead, activities on akule and opelu; auxiliary aids should be directed to Acting Director, Office of Sustainable 2. Lobster management, including: Kitty M. Simonds, (808) 522–8220 Fisheries, National Marine Fisheries Service. a. Report on 1997 lobster season (voice) or (808) 522–8226 (fax), at least [FR Doc. 97–18863 Filed 7–16–97; 8:45 am] guidelines, observer program, NMFS 5 days prior to meeting date. BILLING CODE 3510±22±F Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38269

DEPARTMENT OF COMMERCE sound produced by the Navy’s Surface request correction of a military record. Towed Array Surveillance System Low The form provides an avenue for active National Oceanic and Atmospheric Frequency Active (SURTASS LFA) duty Service members and former Administration system on the behavior of blue and fin Service personnel who believe an error [I.D. 071197C] whales feeding in the Southern is contained in their military records California Bight during September/ and/or they have suffered an injustice to Marine Mammals; Scientific Research October of 1997 and/or 1998. request relief. Permit (PHF# 875±1401) Individuals of several other species of Affected Public: Individuals or cetaceans and pinnipeds may be taken households. AGENCY: National Marine Fisheries (i.e., by harassment or auditory Frequency: On occasion. Service (NMFS), National Oceanic and temporary threshold shift) incidentally Respondent’s Obligation: Required to Atmospheric Administration (NOAA), during the proposed experiments. obtain or retain benefits. Commerce. In compliance with the National OMB Desk Officer: Mr. Edward C. ACTION: Receipt of application. Environmental Policy Act of 1969 (42 Springer. U.S.C. 4321 et seq.), a draft EA Written comments and SUMMARY: Notice is hereby given that Dr. examining the environmental recommendations on the proposed Christopher W. Clark, Cornell consequences of issuing the requested information collection should be sent to University, Ithaca, New York 14850, has permit has been prepared. Based upon Mr. Springer at the Office of applied in due form for a permit to take this draft EA, NMFS has preliminarily Management and Budget, Desk Officer blue whales (Balaenoptera musculus) concluded that issuance of the for DoD, Room 10236, New Executive and fin whales (Balaenoptera physalus) requested permit will not have a Office Building, Washington, DC 20503. for purposes of scientific research. significant effect on the human DoD Clearance Officer: Mr. Robert DATES: Written comments must be environment. Cushing. received on or before August 18, 1997. Written requests for copies of the ADDRESSES: The application and related Dated: July 11, 1997. information collection proposal should documents, including a draft Ann D. Terbush, be sent to Mr. Cushing, WHS/DIOR, environmental assessment (EA) that Chief, Permits and Documentation Division, 1215 Jefferson Davis Highway, Suite examines the environmental Office of Protected Resources, National 1204, Arlington, VA 22202–4302. consequences of issuing the requested Marine Fisheries Service. permit, are available for review upon [FR Doc. 97–18805 Filed 7–16–97; 8:45 am] Dated: July 11, 1997. Patricia L. Toppings, written request or by appointment in the BILLING CODE 3510±22±F following office(s): Alternate OSD Federal Register Liaison Permits Division, Office of Protected Officer, Department of Defense. Resources, NMFS, 1315 East-West DEPARTMENT OF DEFENSE [FR Doc. 97–18779 Filed 7–16–97; 8:45 am] Highway, Room 13130, Silver Spring, BILLING CODE 5000±04±M MD 20910 (301/713–2289); Office of the Secretary Regional Administrator, Southwest Region, 501 West Ocean Boulevard, Submission for OMB Review; DEPARTMENT OF DEFENSE Suite 4200, Long Beach, CA 90802-4213 Comment Request (310/980-4001). Office of the Secretary ACTION: Notice. Written data or views, or requests for Submission for OMB Review; a public hearing on this request, should The Department of Defense has Comment Request be submitted to the Director, Office of submitted to OMB for clearance, the Protected Resources, NMFS, 1315 East- following proposal for collection of AGENCY: Notice. West Highway, Room 13130, Silver information under the provisions of the The Department of Defense has Spring, MD 20910. Those individuals Paperwork Reduction Act (44 U.S.C. submitted to OMB for clearance, the requesting a hearing should set forth the Chapter 35). following proposal for collection of specific reasons why a hearing on this Title, Associated Form, and OMB information under the provisions of the application would be appropriate. Number: Application for correction of Paperwork Reduction Act (44 U.S.C. Concurrent with the publication of Military Records Under the Provisions Chapter 35). this notice in the Federal Register, of Title 10 U.S.C., Section 1552; DD Title, Associated Form, and OMB NMFS is forwarding copies of this Form 149; OMB Number 0704–0003. Number: Application for Review of application to the Marine Mammal Type of Request: Reinstatement. Discharge or Dismissal from the Armed Commission and its Committee of Number of Respondents: 31,425. Forces of the United States; DD Form Scientific Advisors. Responses Per Respondent: 1. 293; OMB Number 0704–0004. SUPPLEMENTARY INFORMATION: The Annual Responses: 31,425. Type of Request: Reinstatement. subject permit is requested under the Average Burden Per Response: 30 Number of Respondents: 13,100. authority of the Marine Mammal minutes. Responses Per Respondent: 1 Protection Act of 1972, as amended (16 Annual Burden Hours: 15,713. Annual Responses: 13,100. U.S.C. 1361 et seq.), the Regulations Needs and Uses: Under 10 U.S.C. Average Burden Per Response: 45 Governing the Taking and Importing of 1552, the Secretary of a Military minutes. Marine Mammals (50 CFR part 216), the Department may correct any military Annual Burden Hours: 9,825. Endangered Species Act of 1973, as record within their Department when Needs and Uses: Former members of amended (16 U.S.C. 1531 et seq.), and the Secretary considers it necessary to the Armed Forces who received an the regulations governing the taking, correct an error or remove an injustice. administrative discharge have the right importing, and exporting of endangered The DD Form 149, ‘‘Application for to appeal the characterization or reason fish and wildlife (50 CFR part 222.23). Correction of Military Records Under for separation. Title 10 U.S.C., Section The purpose of the proposed research the Provisions of Title 10 U.S. Code, 1553 and Department of Defense is to study the effects of low-frequency Section 1552,’’ allows an applicant to Directive 1332.28, established a Board 38270 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices of Review consisting of five members to However, members of the public who military force structure for several years review appeals of former members of may wish to do so are invited to submit and has significantly reduced many of the Armed Forces. The DD Form 293, material in writing to the chairman the direct costs of operations. The ‘‘Application for Review of Discharge or concerning matters believed to be proposed action is intended to adjust Separation from the Armed Forces of deserving of the Committee’s attention. the management overhead and reduce the United States,’’ provides the Additional information concerning overall distribution infrastructure to respondent a vehicle to present to the the meetings may be obtained by writing recognize the changing way in which Board their reasons/justification for a to the Chairman, Department of Defense DLA has to do business to provide its discharge upgrade as well as providing Wage Committee, 4000 Defense military customers responsive and the Services the basic data needed to Pentagon, Washington, DC 20301–4000. affordable support. process the appeal. Dated: July 11, 1997. An environmental assessment has Affected Public: Individuals or Patricia L. Toppings, been prepared to address the proposed households. restructuring, possible alternative Frequency: On occasion. Alternate OSD Federal Register Liaison Officer, Department of Defense. approaches, and environmental Respondent’s Obligation: Required to consequences of the proposed action. [FR Doc. 97–18781 Filed 7–16–97; 8:45 am] obtain or retain benefits. This environmental assessment has OMB Desk Officer: Mr. Edward C. BILLING CODE 5000±04±M been prepared by DLA in accordance Springer. with Council on Environmental Quality Written comments and (CEQ) regulations and DLA recommendations on the proposed DEPARTMENT OF DEFENSE implementing regulation 1000.22, information collection should be sent to Finding of No Significant Impact for Environmental Considerations in DLA Mr. Springer at the Office of Actions in the United States. Management and Budget, Desk Officer the Defense Logistics Distribution Depot Restructuring The proposed action concerns the for DoD, Room 10236, New Executive consolidation of the defense distribution Office Building, Washington, DC 20503. AGENCY: Defense Logistics Agency depot management function with a loss DoD Clearance Officer: Mr. Robert (DLA). of management and support positions. Cushing. ACTION: Notice. The management function is currently Written requests for copies of the exercised from two regional offices: information collection proposal should SUMMARY: An environmental assessment Defense Distribution Region East located be sent to Mr. Cushing, WHS/DIOR, on the consolidation of the DLA in New Cumberland, PA, and Defense 1215 Jefferson Davis Highway, Suite distribution management function was Distribution Region West in Stockton, 1204, Arlington, VA 22202–4302. prepared pursuant to the National CA. The proposed action will Dated: July 11, 1997. Environmental Policy Act (NEPA) as consolidate the management function Patricia L. Toppings, amended (42 U.S.C. 4321 et seq.) and into a single Defense Distribution Center Alternate OSD Federal Register Liaison the Council on Environmental Quality located at one of the two sites. The Officer, Department of Defense. Guidelines (40 CFR Part 1500–1508). result of the action will be that the site [FR Doc. 97–18782 Filed 7–16–97; 8:45 am] The environmental assessment not selected for the Defense Distribution concluded that there will be no BILLING CODE 5000±04±M Center will lose up to 500 employees significant impact on the environment and the selected site will experience a and that preparation of an lesser decrease in staff. DEPARTMENT OF DEFENSE Environmental Impact Statement will The environmental assessment not be necessary. Interested parties may considered environmental and Office of the Secretary of Defense submit comments to the address listed socioeconomic impacts of the below for a 30-day period from the date alternatives to implement the proposed Department of Defense Wage of this notice. action and the no-action alternative. The Committee; Notice of Closed Meetings EFFECTIVE DATE: 17 July 1997. conclusion of the assessment is that the Pursuant to the provisions of section FOR FURTHER INFORMATION CONTACT: consolidation of the distribution 10 of Pub. L. 92–463, the Federal Ms. Kathy Stephens, Public Affairs management is not considered a major Advisory Committee Act, notice is Office (CAAV), Defense Logistics action significantly affecting the quality hereby given that closed meetings of the Agency, 8725 John J. Kingman Rd., Ft. of the human environment or requiring Department of Defense Wage Committee Belvoir, VA 22060–6221, (703) 767– the development of an Environmental will be held on August 5, 1997; August 6200. Impact Statement. 12, 1997; August 19, 1997; and August SUPPLEMENTARY INFORMATION: Reduced A public comment period regarding 26, 1997; at 10:00 a.m. in Room A105, workload, budget reductions, and good the environmental assessment will The Nash Building, 1400 Key management practice has compelled the begin at the time of publication of this Boulevard, Rosslyn, Virginia. Defense Logistics Agency (DLA) to notice and will conclude 30 days Under the provisions of section 10(d) develop a strategy to restructure its following. Copies of the environmental of Pub. L. 92–463, the Department of distribution depot system while assessment are available for inspection Defense has determined that the maintaining readiness and affordability at the DLA Public Affairs Office and at meetings meet the criteria to close of its services. As a designated Combat the addresses listed below. Interested meetings to the public because the Support Agency, distribution of military parties may also contact the DLA Public matters to be considered are related to equipment and supplies is one of DLA’s Affairs Office at commercial telephone internal rules and practices of the primary business areas. A reliable and (703) 767–6200. Department of Defense and the detailed robust distribution system is critical to Doug Imberi (ASCW–WP), Defense wage data to be considered were military readiness and sustainability, Distribution Region West, Office of obtained from officials of private but it must be affordable. DLA has been Public Affairs, 700 East Roth Road, establishments with a guarantee that the reducing its distribution costs Bldg. S1, Stockton, CA 95296–0010, data will be held in confidence. commensurate with the decline in Tel: (209) 982–2839. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38271

Keith Beebe (DDRE–CB), Defense statutory obligations. The Director of the Date: July 21, 1997. Distribution Region East, Office of Information Resources Management Time: 9:00 a.m.–3:00 p.m. (open). Command Affairs, 14 Dedication Group publishes this notice containing Location: O’Hare Hilton Hotel, O’Hare Drive, Suite 2, New Cumberland, PA proposed information collection International Airport, Terminal #2, 17070–5001, Tel: (717) 770–7209/ requests prior to submission of these Chicago, Illinois, 60666. 6223. requests to OMB. Each proposed FOR FURTHER INFORMATION CONTACT: Dennis J. Lillo, information collection, grouped by Mary Ann Wilmer, Operations Officer, Director, Environmental Quality, office, contains the following: (1) Type National Assessment Governing Board, (Environmental and Safety Policy). of review requested, e.g., new, revision, Suite 825, 800 North Capitol Street, [FR Doc. 97–18851 Filed 7–16–97; 8:45 am] extension, existing or reinstatement; (2) N.W., Washington, D.C., 20002–4233, BILLING CODE 3620±01±M Title; (3) Summary of the collection; (4) Telephone: (202) 357–6938. Description of the need for, and SUPPLEMENTARY INFORMATION: The proposed use of, the information; (5) National Assessment Governing Board Respondents and frequency of DEPARTMENT OF EDUCATION is established under Section 412 of the collection; and (6) Reporting and/or National Education Statistics Act of Recordkeeping burden. OMB invites Submission for OMB Review; 1994 (Title IV of the Improving public comment at the address specified Comment Request America’s Schools Act of 1994), (Pub. L. above. Copies of the requests are 103–382). AGENCY: Department of Education. available from Patrick J. Sherrill at the ACTION: Submission for OMB review; address specified above. The Board is established to formulate comment request. policy guidelines for the National Dated: July 10, 1997. Assessment of Educational Progress. SUMMARY: The Director, Information Gloria Parker, The Board is responsible for selecting Resources Management Group, invites Director, Information Resources Management subject areas to be assessed, developing comments on the submission for OMB Group. assessment objectives, identifying review as required by the Paperwork Office of Postsecondary Education appropriate achievement goals for each Reduction Act of 1995. grade and subject tested, and Title: Economic Hardship Deferment DATES: Interested persons are invited to establishing standards and procedures Request Form. submit comments on or before August Frequency: On occasion. for interstate and national comparisons. 18, 1997. Affected Public: Individuals or The public is being given less than ADDRESSES: Written comments should households; businesses or other for- fifteen days notice of this meeting be addressed to the Office of profits; Not-for-profit institutions. because of summer schedules which Information and Regulatory Affairs, Annual Reporting and Recordkeeping made it difficult to find a date mutually Attention: Dan Chenok, Desk Officer, Hour Burden: agreeable to a quorum of the Committee. Department of Education, Office of Responses: 1,148,818. On July 21, 1997 between the hours Management and Budget, 725 17th Burden Hours: 183,811. of 9:00 A.M. to 3:00 P.M. the Design and Street, NW., Room 10235, New Abstract: This form is the means by Methodology Committee will meet to Executive Office Building, Washington, which a borrower applies for a review the draft versions of the DC 20503. Requests for copies of the deferment of repayment of the principal commissioned papers and planning proposed information collection balance on a loan for reasons of grants submitted in response to the requests should be addressed to Patrick economic hardship and by which the NAEP Redesign competition. The J. Sherrill, Department of Education, 600 lender or loan servicer determines Committee will then formulate final Independence Avenue, S.W., Room whether a borrower is entitled to the recommendations for the Board to 5624, Regional Office Building 3, postponement of payments. consider regarding redesign issues that Washington, DC 20202–4651. [FR Doc. 97–18801 Filed 7–16–97; 8:45 am] are critical to the drafting of the NAEP operations RFP. Also, the Committee FOR FURTHER INFORMATION CONTACT: BILLING CODE 4000±01±U Patrick J. Sherrill (202) 708–8196. will discuss the development of cost Individuals who use a estimates for the NAEP redesign telecommunications device for the deaf DEPARTMENT OF EDUCATION proposals. (TDD) may call the Federal Information Summaries of these activities and Relay Service (FIRS) at 1–800–877–8339 National Assessment Governing related matters, which are informative between 8 a.m. and 8 p.m., Eastern time, Board; meeting to the public and consistent with the Monday through Friday. policy of section 5 U.S.C. 553b(c), will AGENCY: National Assessment be available to the public within 14 days SUPPLEMENTARY INFORMATION: Section Governing Board; Education. of the meeting. 3506 of the Paperwork Reduction Act of ACTION: Notice of Meeting. 1995 (44 U.S.C. Chapter 35) requires Records are kept of all Board that the Office of Management and SUMMARY: This notice sets forth the proceedings and are available for public Budget (OMB) provide interested schedule and proposed agenda of a inspection at the U.S. Department of Federal agencies and the public an early forthcoming meeting of the Design and Education, National Assessment opportunity to comment on information Methodology Committee of the National Governing Board, Suite 825, 800 North collection requests. OMB may amend or Assessment Governing Board. This Capitol Street, N.W., Washington, D.C., waive the requirement for public notice also describes the functions of from 8:30 a.m. to 5:00 p.m. consultation to the extent that public the Board. Notice of this meeting is Dated: July 15, 1997. participation in the approval process required under Section 10(a)(2) of the Roy Truby, would defeat the purpose of the Federal Advisory Committee Act. This Executive Director, National Assessment information collection, violate State or document is intended to notify the Governing Board. Federal law, or substantially interfere general public of their opportunity to [FR Doc. 97–18965 Filed 7–16–97; 8:45 am] with any agency’s ability to perform its attend. BILLING CODE 4000±01±M 38272 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

DEPARTMENT OF ENERGY Washington, DC.) or write to the 1996, OCRWM published a Notice of OCRWM National Information Center, Proposed Policy and Procedures (61 FR Office of Civilian Radioactive Waste 600 Maryland Avenue, SW., Suite 695, 24772) describing the OCRWM’s Management; Safe Transportation and Washington, DC 20024. proposed approach to implementing Emergency Response Training; Copies of comments received will be Section 180(c) of the Nuclear Waste Technical Assistance and Funding available for examination and may be Policy Act and responding to public comments received from the two prior AGENCY: Office of Civilian Radioactive photocopied at the Department’s Public Waste Management, Department of Reading Room at 1000 Independence Notices. The public was again invited to Energy. Avenue, SW., Room 1E–190. submit comments on the Proposed Policy and Procedures. In response to ACTION: SUPPLEMENTARY INFORMATION Notice of Revised Proposed : these comments, and based on further Policy and Procedures. I. Purpose and Need for Agency Action research conducted by OCRWM, SUMMARY: The Department of Energy Under the Nuclear Waste Policy Act OCRWM has decided to make changes (the Department or DOE) publishes for of 1982, as amended (42 U.S.C. 10101 et significant enough to warrant public comment a revised proposed seq.) (NWPA or ‘‘the Act’’), the publishing this Revised Proposed Policy and Procedures. Included in this Notice policy statement setting forth its plans Department of Energy is responsible for is a summary of the comments received for implementing technical and the disposal of high-level radioactive on the Proposed Policy and Procedures financial assistance to States for training waste and civilian spent nuclear fuel in and OCRWM’s response to those public safety officials of appropriate a deep geologic repository. comments. OCRWM welcomes units of local governments and Indian Additionally, the Department is comments in response to this Federal tribes through whose jurisdiction the responsible for transportation of spent Register Notice on the Revised Proposed Department plans to transport spent nuclear fuel and high-level radioactive Policy and Procedures for nuclear fuel or high-level radioactive waste to a Federal storage or disposal implementation of Section 180(c). waste (Section 180(c) program). The site. The Director of the Office of training would cover both safe routine OCRWM plans to publish, in early Civilian Radioactive Waste Management 1998, a Notice of Final Policy and transportation procedures and is responsible to the Secretary of Energy emergency response procedures. Procedures which OCRWM intends to to carry out these responsibilities. The follow in implementing Section 180(c) DATES: Written comments should be Department is required to implement of the NWPA. Section 180(c) provides sent to the Office of Civilian Radioactive Section 180(c) of the Act. Section 180(c) for assistance when the Department Waste Management (OCRWM) of the of the Act requires the Department to ships spent nuclear fuel and high-level Department and must be received on or provide technical assistance and funds radioactive waste to a geologic before September 15, 1997 to ensure to States for training public safety repository or a storage facility pursuant consideration by OCRWM. officials of appropriate units of local to the NWPA. ADDRESSES: Written comments should government and Indian tribes through In addition to the draft publications be directed to: Corinne Macaluso, U.S. whose jurisdiction the Secretary plans discussed above, OCRWM’s work to Department of Energy, c/o Lois Smith, to transport spent nuclear fuel or high- date on the Section 180(c) policy and TRW Environmental Safety Systems, level radioactive waste to NWPA implementation procedures has been Inc., 600 Maryland Avenue, SW., Suite authorized Federal storage and disposal discussed extensively in Transportation 695, Washington, DC 20024, Attn: facilities. Section 180(c) further Coordination Group meetings, the Section 180(c) Comments. provides that training cover procedures Transportation External Coordination Persons submitting comments should required for safe routine transportation (TEC) Working Group meetings, and the include their names and addresses. of these materials, as well as procedures cooperative agreement group meetings. Receipt of comments in response to this for dealing with emergency response The TEC Working Group comprises Notice will be acknowledged if a situations. Section 180(c) identifies the organizations representing state, tribal, stamped, self-addressed postal card or Nuclear Waste Fund under the Act as local, professional, technical, and envelope is enclosed. the source of funds for work carried out industry associations and will continue FOR FURTHER INFORMATION CONTACT: For under this subsection (42 U.S.C. 10175). to meet periodically to identify and further information on the II. Section 180(c) History discuss issues related to the transport of transportation of spent nuclear fuel and radioactive materials. In addition, high-level radioactive waste under the OCRWM issued a Notice of Inquiry in OCRWM has nine cooperative Nuclear Waste Policy Act, please the Federal Register on January 3, 1995 agreements with national and regional contact: Ms. Corinne Macaluso, Waste (60 FR 99), which briefly described organizations representing various Acceptance and Transportation various options to delineate policies and constituencies to provide information Division, Office of Civilian Radioactive procedures for implementing Section and solicit input regarding the planned Waste Management, (RW–44), U.S. 180(c) of the Nuclear Waste Policy Act. transportation activities of the Office of Department of Energy, 1000 Members of the public were invited to Civilian Radioactive Waste Management Independence Avenue, SW., submit comments on the Notice of program, including Section 180(c) Washington, DC 20585, Telephone: Inquiry. In the March 14, 1995, Federal issues. The cooperative agreement 202–586–2837. Register (60 FR 13715) OCRWM groups are the Southern States Energy Information packets are available for extended the deadline for comments to Board, the Western Interstate Energy interested persons who want May 18, 1995 (60 FR 36793). In response Board, the Council of State background information about the to requests for additional information, Governments Midwestern Office and Office of Civilian Radioactive Waste OCRWM issued another, more detailed Eastern Regional Conference, the Management transportation planning Notice of Inquiry in the Federal Register Commercial Vehicle Safety Alliance, the and the Section 180(c) program prior to on July 18, 1995 (60 FR 36793). Conference of Radiation Control providing comments. To receive an Members of the public were again Program Directors, the National information packet, please call 1–800– invited to submit comments on the Conference of State Legislatures, the 225-NWPA (or call 202–488–6720 in Notice of Inquiry. Next, on May 16, National Congress of American Indians, Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38273 and the National Association of Policy Statement With respect to responding to a spent Regulatory Utility Commissioners. It is OCRWM’s policy that each nuclear fuel or high-level radioactive OCRWM also has released two responsible jurisdiction 1 will have the waste transportation accident or documents that discuss Section 180(c) training necessary for safe routine incident, it is OCRWM’s view that with policy and implementation. These two transportation of spent nuclear fuel or implementation of the provisions for documents are the Strategy for OCRWM high-level waste and to respond to safe routine transportation as stated in to Provide Training Assistance to State, NWPA transportation incidents or the previous paragraph the risk of an Tribal, and Local Governments accidents. OCRWM will provide accident resulting in a radioactive (November 1992, DOE/RW–0374P) (the funding and technical assistance, materials release is extremely low. Strategy document), and the Preliminary subject to annual appropriations, to Further, if an accident were to occur, Draft Options for Providing Technical assist states and tribes to obtain access the risk of any significant material Assistance and Funding Under Section to the increment of training necessary to release or harmful increase in radiation levels is also extremely low. If an 180(c) of the Nuclear Waste Policy Act, prepare for NWPA shipments. This accident should occur, with or without as Amended (November 1992) (the increment of training will include a radioactive materials release, state and Options paper). These documents are procedures for emergency response and tribal governments have a responsibility available by requesting the information safe routine transportation. The to respond and to protect the public packet from the OCRWM National Department will take into consideration health and safety and the environment Information Center. the states’ and tribes’ determination of in their jurisdiction. The Federal their needs when preparing its budget III. Revised Proposed Policy and government and, in particular, the for the Civilian Radioactive Waste Procedures Department have radiological Management Program. If Congress does Introduction emergency response assets available. not fully appropriate the funds Federal government assistance is OCRWM has made significant requested, the funding to eligible regionally based and can be mobilized changes to the May 16, 1996, Section jurisdictions will be decreased in a few hours, although it may take up 180(c) Notice of Proposed Policy and accordingly. to forty-eight hours to be fully With respect to safe routine Procedures. These changes are based on functional. The first responder 2 is transportation of spent nuclear fuel and information gained by studying industry typically a local police or fire official. high-level waste, it is OCRWM’s view standards and practices and stakeholder This official must be capable of that strict compliance with Department comments. These changes and the identifying the shipment as a supporting reasoning are described of Transportation (DOT) and Nuclear radiological materials shipment and below. Regulatory Commission (NRC) notifying the proper radiological The revised proposed policy and regulations and applicable state, tribal, emergency response authorities. It is procedures are divided into seven and local laws and regulations desirable for some of the state and tribal subject areas: the policy statement, combined with state and tribal safety responders to have received higher objectives, proposed funding and enforcement inspections of NWPA levels of hazardous materials training. mechanism, basis for cost estimate/ highway shipments and continuous Therefore, for responding to a spent funding allocation, definitions of key satellite tracking of all shipments will nuclear fuel or high-level radioactive terms, eligibility and timing of the provide for safe routine transportation. waste transportation accident or grants, and allowable activities. Policy DOT regulations include requirements incident, it is proposed that OCRWM’s Statement describes OCRWM’s policy for routing; hazardous materials policy include the provision of funds towards providing Section 180(c) placarding, marking, and and technical assistance to states and assistance. Objectives describes documentation; and rail inspections. tribes necessary to address the OCRWM’s objectives in providing NRC has established regulations for incremental training requirements Section 180(c) assistance. Funding protection of the public health and resulting from the NWPA shipments, in Mechanism describes the method by safety of radioactive material shipments. particular, to obtain and maintain which funds would be disbursed to These regulations include requirements awareness-level training for all local states and Federally recognized tribes. for package certification, loading, response jurisdictions in the increment Basis for Cost Estimate/Funding materials control and accountability, specific to radioactive materials Allocation describes the basis for the safeguards and security, notification of shipments. In addition, to the extent base and variable amount of funding. shipments, quality assurance and funds are available, the assistance could Definition of Key Terms defines of safe tracking. OCRWM has notified NRC that be used to obtain an enhanced level of routine transportation and technical it intends to provide tribal notification emergency response capability. This assistance for the purposes of the of shipments and state and tribal access enhanced level could include Section 180(c) program. Eligibility and to satellite tracking information. The operations level training, technician Timing of the Grants Program describes NRC regulations for radioactive material level training, and operations level and when states and tribes are eligible and package certification requires technician level refresher training in an the timing of the grants process. maintenance of criticality control and increment specific to radioactive Allowable Activities for Funding radioactive material containment under materials shipments. describes the types of activities for credible accident scenarios. which the funding could be used. When For safe routine transportation of Objectives OCRWM issues the final policy and spent nuclear fuel and high-level waste, It is OCRWM’s objective to provide a procedures, it may differ based on it is proposed that OCRWM’s policy base grant to every eligible state and comments received, and any new include the provision to each eligible tribe to aid in planning and legislation. state and tribe the funding and technical coordination activities for training in a The Appendix of this Notice provides assistance to prepare for safety and timely manner. These activities could the definitions of terms used in this enforcement inspections of NWPA include funding the salary of personnel proposed Section 180(c) policy and highway shipments and for access to in safe routine transportation and procedures and footnoted in the text. satellite tracking information. emergency response agencies, 38274 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices determining a jurisdiction’s training OCRWM proposes to fund or make procedures in this notice as substantive needs, and coordinating with local available a first responder’s awareness regulations. jurisdictions or neighboring states and level videotape, consistent with OSHA Basis for Cost Estimate/Funding tribes. A variable amount of funding and requirements 10 CFR 1910.120(q), or a Allocation technical assistance would be available module, specific to radioactive materials depending on the amount of assistance shipments, to insert into an existing The total program cost and the each applicant needs to obtain the awareness level training program, for allocation of funds among eligible states incremental training requirements states and tribes to distribute to local and tribes would be based on a resulting from the NWPA shipments, in public safety officials along the predetermined base amount, and a particular, specific to radioactive shipment routes. variable amount determined through the materials shipments for the inspection OCRWM also plans to provide application process. The base grant training, and awareness level training.3 financial and technical assistance to would cover costs associated with The assistance could be used to obtain allow train-the-trainer classes for those planning for NWPA shipments, and is awareness level refresher training, states and tribes that wish to provide the based on a salary estimate for planning awareness level train-the-trainer radioactive materials information in such shipments. In 1994, a Conference training,5 or a module to insert into their existing awareness level training of Radiation Control Program Directors’ existing awareness level training programs. OCRWM plans to provide (CRCPD) survey found the average programs. And, depending on available funds for the cost of the trainers’ travel salary of a state health physicist was funds, additional amounts of funding within the jurisdiction. $35,000. The Department has doubled and technical assistance would be As discussed in the Policy Statement that figure and adjusted for inflation available to obtain the increment of section, OCRWM believes that the during 1995 and 1996 to reach the training to prepare for radioactive combination of the Federal radiological $74,152 base grant. This figure was materials shipments for the operations emergency response capability and a doubled to allow states and tribes to pay level,4 and/or technician level 6 and program that accomplishes the above the salary of one person each to carry refresher training. 180(c) related objectives will provide out safe routine transportation and OCRWM will base its evaluation of the nation an adequate basis to respond emergency response planning. the grant applications on several factors. to any potential transportation The variable grant amount would be First, the three-year plan section of the emergency that may result from NWPA based on two parts of the application application package demonstrates how shipments. Nonetheless, to the extent package process. The first part would this assistance corresponds to the that funds appropriated for Section ask the applicant to determine the applicant’s existing safe routine and 180(c) are available, OCRWM will also amount of financial assistance needed to emergency response structure. The support an enhanced level of emergency obtain the appropriate increment of application must explain how these response capability. The enhanced level awareness level training and to prepare functions are currently structured and of emergency response capability could for safe routine transportation how the Section 180(c) assistance will include access to training or training inspections of NWPA shipments. The provide an additional increment of materials specific to responding to a second part would ask the applicant to preparedness onto this existing radioactive materials transportation determine the amount of financial structure. Second, the grant applications accident at the operations level, assistance needed to obtain the must indicate how the requested technician level, and refresher training. appropriate increment of operations assistance is consistent with the This training should be in accordance and/or technician level training for Occupational Safety and Health with OSHA or NFPA training standards. emergency response to prepare for NWPA shipments. A state or tribe Administration (OSHA) training Funding Mechanism standards or the National Fire would not be authorized to use Section Protection Association (NFPA) training The Department intends to implement 180(c) funds for purposes not related to standards and reasonable standards for Section 180(c) through an OCRWM NWPA shipments such as development inspector training, such as that offered grants program. Funding would be of a broad-based non-NWPA emergency by the Commercial Vehicle Safety provided every year beginning response program. In cases where basic Alliance (CVSA). In addition, OCRWM approximately three years prior to the emergency response capabilities are will adopt, to the extent practicable, any first shipment through state or tribal lacking, OCRWM recognizes the need to future Department-wide standardization reservation boundaries. The grants assist jurisdictions through technical of assistance to states and tribes for the would be specific to OCRWM’s Section assistance and increased financial Department’s radioactive materials 180(c) program and would not be assistance. shipments. This could include combined with any other Department- standardization of funding mechanisms, sponsored transportation preparedness Definition of Key Terms training standards, equipment or training programs, although The definition of safe routine purchases, and the definition of coordination by jurisdictions would be transportation for the purposes of technical assistance. encouraged. The grant program may be determining eligibility or allowable It is the objective of OCRWM to combined with a Department-wide grant activities under the Section 180(c) provide to each eligible state and tribe program in the future if one is program would be as follows: financial and technical assistance to developed and is practicable, and • Safe routine transportation means train or otherwise prepare for safety and consistent with existing law. the shipment of spent nuclear fuel and enforcement inspections of NWPA truck The grants program would be high-level radioactive waste to a shipments such as those described in administered in accordance with the repository or a Monitored Retrievable the CVSA Enhanced North American DOE Financial Assistance rules (10 CFR Storage facility pursuant to the NWPA Standards. Rail inspections are not part 600), which implement applicable through state, tribal, and local included because the Federal Railroad Office of Management and Budget jurisdictions in a manner compliant Administration (FRA) conducts (OMB) circulars. In order to preserve with applicable Federal, state, tribal, inspections of rail cars and tracks used flexibility, the Department does not and local laws and regulations. Safe to ship radioactive materials. presently plan to codify the policy and routine highway transportation is Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38275 characterized by adequate vehicle, a tribe, or two Indian tribes, public safety officials at the grantee’s driver, and package inspection and jurisdictions on both sides of the route discretion. enforcement of the Federal Motor would be eligible for Section 180(c) OCRWM anticipates knowing three to Carrier Safety Regulations and the assistance. four years prior to shipment through Hazardous Materials Regulations. Safe OCRWM intends that the application which states or tribal lands the routine rail and barge transport is process for grants begin approximately shipments will likely travel, even if characterized by compliance with rail four years prior to transportation (about specific routes have not been selected. and barge transportation regulations one year for the application process, Using this information, OCRWM would including Federal Railroad about three years to implement the notify these states and tribes about their Administration, Coast Guard program) through the applicant’s potential eligibility for the Section regulations, and the Hazardous jurisdiction. OCRWM intends to notify 180(c) program. Two years prior to the Materials Regulations. the governor or tribal leader of the shipments going through a state or tribe, The definition of technical assistance jurisdiction with a letter, information the OCRWM would announce proposed for the purposes of the Section 180(c) packet, and application package. routes within that state or tribal program would be as follows: jurisdiction. • The governor or tribal leader would Technical assistance means be requested to select one agency or Within the first year of eligibility to assistance, other than financial representative within the jurisdiction to receive funding (Transportation Year assistance, that the Secretary of Energy apply for and administer the Section [defined as the year shipments will can provide that is unique to the 180(c) grant. The administering agency commence] minus 3 or TY–3), the base Department to aid training that will or representative would indicate in the grant will be available. Within the cover procedures for the safe, routine application how it intends to use the second year of eligibility (Transportation Year minus 2 or TY–2), transportation and emergency response funds. If funding needs to be provided situations during the transport of spent a base grant and a variable amount of to other agencies (for example, from the nuclear fuel and high-level radioactive financial assistance for those emergency services agency to the waste to a repository or MRS pursuant jurisdictions that qualify would be highway patrol to pay for inspector to the NWPA, including, but not be available. training), the transfer of funds would be limited to, the provision of training Within the third year of eligibility the responsibility of the recipient state materials, the provision of public (Transportation Year minus 1 or TY–1), or tribe. DOE would require information information materials, and access to a base grant and a variable amount of regarding the ultimate recipient of the individuals involved in the shipments. financial assistance for those Technical assistance, as defined, funds to be provided in the application. jurisdictions that qualify would be would include access to the Eligible states and tribes would available. Department’s regional and headquarters submit a grant application to the In the year transportation commences, representatives involved in the planning Department. The application would Transportation Year grants (base plus and operation of NWPA transportation include a three-year plan detailing how variable) will be made available. A state or emergency preparedness, provision of the funds would be spent each year. or tribe would continue to be eligible for information packets that include Funding would be disbursed annually and receive Transportation Year grants information about the OCRWM program based on the applicant’s three-year plan. and technical assistance as long as and shipments, and provision of Each eligible state and tribe would NWPA shipments go through its information to insert into curricula. receive a base amount of funding for jurisdiction each year. If there is a lapse Recognizing the Federal Government’s each year of eligibility. A variable of NWPA shipments for three or more government-to-government relationship amount of funding, based on the years, the state or tribe would receive no with and Trust responsibility toward applicant’s determination of its needs to funds for those years and would regain tribal nations, and in response to attain an adequate level of training and eligibility three years prior to another comments about the lack of hazardous the enhanced level of capability, would NWPA shipment through its materials response capability on some be available after the first year of jurisdiction. Three years prior to the tribal lands, the Department will eligibility. resumption of shipments through its consider making additional technical Local governments would not be borders, a state or tribe may again apply assistance available to tribes upon eligible to apply for Section 180(c) for TY–3 grants. If the lapse is of two request. grants directly. However, states, and years or less between shipments, the tribes if they have subjurisdictions, Transportation Year grants would Eligibility and Timing of the Grants would be required to coordinate their continue as if shipments had been Program planning with local jurisdictions, traversing that jurisdiction during the OCRWM intends to provide grants indicating in the application that the lapse. and technical assistance to those states needs of local public safety officials After a suitable period of Section and tribes through whose jurisdiction have been considered and how the 180(c) implementation, an evaluation the Secretary of Energy plans to financial assistance will be distributed may be conducted by OCRWM to transport spent nuclear fuel and high- to local and any other jurisdictions and determine if some adjustment to the level radioactive waste pursuant to the their appropriate public safety officials. base amount needs to be made because NWPA. States and tribes having cross- The awareness level training would be the need for planning and coordination deputization or mutual aid agreements made available to all local public safety activities associated with NWPA with a jurisdiction that does have officials. OCRWM expects the shipments will be reduced. For shipments, even though no shipments inspection and enforcement training to example, perhaps only one person in a may occur within the borders of the be provided to state-level and tribal state agency will be handling both safe responding state or tribe, may receive employees since they generally have routine transportation and emergency funding from the jurisdiction that will inspection and enforcement authority. response functions or half a person will receive shipments. Additionally, in The operations and technician level be needed for each of these functions cases where a route constitutes the training, to the extent they are funded, and the available funds might be more border between two states, a state and would be provided to appropriate effectively applied to training. 38276 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

The Section 180(c) program would the property provisions at 10 CFR Mexico Energy, Minerals and Natural include the following contingency plan 600.232. Resources Department; Nuclear for schedule and route changes: in The base grant may be used to pay for Information and Resource Service; general, eligible states and tribes may staff, travel, and other costs associated Governor of Nebraska; Eureka County, receive an additional amount of with conducting an assessment of Nevada; U.S. Department of Agriculture; financial assistance if asked to complete incremental training needs, and the Nuclear Energy Institute; Prairie Island activities in shorter amounts of time, planning and coordination activities Indian Community; MCT Industries i.e., a state may receive TY–1 and TY– associated with interacting with local Inc.; New York State Emergency 2 funding in the same year. If the route jurisdictions and neighboring Management Office; Yakama Indian for a shipment is definitized too close to jurisdictions. The variable amount of Nation; and the International the start of the shipment to allow for funding may be used to pay for travel Association of Fire Chiefs, and a Section 180(c) implementation or for and tuition costs for those receiving summary of comments made at the July any reason the responsible jurisdictions training, including exercises and drills, 1996 TEC meeting in Pittsburgh, along a definitized route lack adequate and training on the satellite tracking Pennsylvania. Some commenters training, OCRWM may use escorts with system used for NWPA shipments. provided more than one set of more training and equipment than those It would be the state’s or tribe’s comments. currently used for the purpose of choice, in consultation with the local The following section discusses security until a reasonable time period governments and first responders along general categories and summarizes for training has expired. the route and within their annual major points of the comments and the budget, to determine who receives Department’s response. Allowable Activities for Funding refresher training and with what This section describes the type of frequency. It also would be the state’s or Major Issues activities that would be allowed under tribe’s choice in consultation with the A. Section 180(c) Policy this proposal. This is not meant to be a local governments and first responders comprehensive list, but merely a guide along the route and within their annual General Themes to the types of activities an applicant budget, to determine which new The Department received opposing jurisdiction might consider to be eligible personnel receive training and the comments on the philosophy of for 180(c) funding. location of that training. providing only the incremental amount For the most part, it would be the of assistance needed for jurisdictions to grantee’s decision in consultation with IV. Discussion of Comments Received respond appropriately to an NWPA the local governments and first on the Notice of Proposed Policy and transportation accident or incident. responders along the routes to select Procedures Comments ranged from stating the who gets trained and the organization The Department received 43 proposal was unacceptable because that administers the training. Grantees comments in response to the May 16, individual applicant’s needs were not would describe in their three-year plan 1996, Notice of Proposed Policy and sufficiently considered, to praising the how they plan to assess their Procedures. Comments were received proposal for taking into the account the incremental training needs, where the from the Emergency Nurses Association; shipments’ low risk. Several western training would be obtained, any Western Governors’ Association; states wrote to support the Western exercises they propose to conduct, Council of State Governments- Interstate Energy Board’s and the whether the training curriculum needs Midwestern Office; National Conference Western Governors’ Association’s any input from OCRWM about NWPA of State Legislatures; Churchill County, comment that the proposal is shipments, what equipment and Nevada Administration Office; Lincoln unacceptable because it does not supplies they propose to purchase, and City, Nevada Board of County incorporate the position of western what technical assistance from DOE Commissioners; League of Women governors on radioactive materials they anticipate requesting. The grantee Voters Education Fund; County of Inyo, transportation, does not consider would specify how this assistance California Planning Department; Office individual applicant’s planning and augments their current infrastructure for of the Governor, Pueblo of Acoma; preparedness needs, and therefore, does safe routine transportation procedures Lander, Nevada County Board of not protect the public’s health and and emergency response. Commissioners; Nye County, Nevada; safety. Critics argued that the policy Specifically, a grantee would be able Western Interstate Energy Board; would not fully cover the cost of to budget, for TY–2 and TY–1, 25 Nevada Nuclear Waste Task Force; preparing for NWPA shipments, thereby percent of each year’s total Section Commercial Vehicle Safety Alliance; creating an unfunded mandate for the 180(c) funds to purchase appropriate Nevada Agency for Nuclear Projects; states. Others argued the policy is not (i.e., training-related) equipment and Nuclear Waste Project Office; Portland flexible or generous enough to supplies. Such equipment may also be General Electric Trojan Nuclear Plant; adequately prepare rural and tribal used for responding to emergencies. Oregon Nuclear Safety Division; jurisdictions where public safety After TY–1, the applicant would be able Shoshone-Bannock Tribes; Nuclear measures may be lacking. Another to budget up to 10 percent of each year’s Waste Citizens Coalition; Southern commenter argued the incremental Section 180(c) funds to purchase States Energy Board; International approach discounts the radiological risk appropriate equipment and supplies. Association of Fire Fighters; Council of of an NWPA transportation accident. The equipment and supplies to be State Governments/Eastern Regional Other commenters argued that purchased must be identified in the Conference; Michigan Department of the incremental assistance was sufficiently application and the need for the Attorney General; Nuclear Waste protective of health and safety given the equipment justified. The purchase of Strategy Coalition; National Association low risk of the shipments and the efforts equipment related to the satellite of Regulatory Utility Commissioners; made to involve stakeholders in the tracking system for NWPA shipments State of Idaho’s Idaho National policy development. The National could be included in these percentage Engineering and Environmental Association of Regulatory Utility caps. The title to equipment would be Laboratory Oversight Program; National Commissioners and others encouraged vested in the grantee in accordance with Congress of American Indians; New the incremental approach as long as the Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38277 program builds on existing knowledge commenters urged the Department to provide incremental assistance, above about transporting spent nuclear fuel begin Section 180(c) assistance as soon what currently exists, to help and high-level radioactive waste. as possible in case Congress passes jurisdictions prepare for NWPA Another commenter approved of the legislation that mandates the siting of an shipments. This program, in incremental approach provided the interim storage facility and shipping combination with the Department’s needs of the least prepared communities begins within the four-year time frame existing emergency response were considered. Similarly, the National scheduled for Section 180(c) capabilities, will help jurisdictions Congress of American Indians and the implementation. Several related prepare for these shipments. At the Pueblo of Acoma commented that while comments stated the position that the same time, OCRWM recognizes that the the incremental approach was Department has an obligation to begin amount will vary by jurisdiction, reasonable, it should incorporate some accepting waste in 1998, and argued depending on their current element of a needs assessment as a that Section 180(c) should be preparedness level. Therefore, the means to determine a supportable implemented quickly so as to meet the revised proposed policy and procedures Section 180(c) budget and to satisfy the acceptance date. for the grant application process Department’s Trust responsibility Several states and state organizations requires that the applicant determine toward tribal nations. again encouraged the Department to the assistance needed to obtain the Several commenters from a variety of begin as soon as possible the process of training objectives. This more flexible organizations raised issues of public route selection, in cooperation with the determination of the assistance level acceptance in the NWPA transportation states. They argued that jurisdictions will take into account the varied program. Commenters stated that a need sufficient time to assess risk levels preparedness levels of applicants. At the successful transportation program and training needs in case shipment same time, it is OCRWM’s position that requires public acceptance of the risk. occurs within the next few years. the safety measures such as the To achieve that acceptance they urged In other comments, the Department robustness of the casks and the the Department to communicate was encouraged to increase Department’s existing emergency shipment risks (including updating the coordination among its related response capabilities make these risk analysis conducted in NUREG/CR– transportation training programs, shipments extraordinarily safe, 2225), security and accident prevention thereby reducing costs and building a presenting minimal risk to public health measures, and emergency response more efficient assistance program. Nye and safety. capabilities. The Council of State County, Nevada said additional OCRWM recognizes the crucial role of Governments-Midwestern Office asked provisions should be available for the communications and public acceptance the Department to consider what else host community, including clarification in developing a workable transportation can be done, within the scope of the of emergency response roles and program. OCRWM intends to provide Section 180(c) program, to increase responsibilities across federal lands. public information to jurisdictions along stakeholder confidence and make the Some suggested that assistance should the routes and to make Departmental transportation program more workable. apply to all waste destined for geologic representatives, whether federal The Prairie Island Indian Community disposal, not just spent nuclear fuel and employees or contract employees, pointed out that the lack of tribal high-level radioactive waste. One available to communities as budgets participation in emergency response commenter questioned the wisdom of permit. The training objectives in this activities associated with the nearby centralized storage and opposed the proposal were developed with the Northern States Power Prairie Island program on the grounds that the Ruby crucial role of local responders in Nuclear Power Plant has increased Valley Treaty invalidates Federal communicating risk and preparedness public fear of the site and that ownership of the land. Another in mind. participation in developing safety commenter urged the Department to Regarding the concern that shipments precautions is an effective counter to post a bond to insure future funding for may occur with less than three years’ these fears. The National Congress of Section 180(c). And another commenter preparation, this proposed policy American Indians pointed out that asked the Department to clarify whether includes a contingency plan should perceived risk may be higher on tribal a Department contractor would be OCRWM have to ship spent fuel through lands because Indian peoples’ subject to the registration requirements a jurisdiction with less than three years attachment to the land is strong and of 49 USC 5108(a) through (h). notice. In addition, OCRWM will work with jurisdictions on a case-by-case moving away from a perceived risk is Response not an option. The Shoshone-Bannock basis to meet the intent of Section 180(c) tribes pointed out that public It is OCRWM’s position that the prior to any shipments through a acceptance of risk is influenced by the purpose of a Section 180(c) program is jurisdiction that occur on a contingency degree to which tribal members believe to provide jurisdictions with financial basis. With the contingency plan in true preparedness has been achieved. and technical assistance in an increment place, OCRWM sees no public health or Several commenters pointed out that above their current level of safety reason to limit or prohibit trained local responders are a very preparedness rather than to supply shipments through a jurisdiction until effective means to calm public fears. complete emergency response or safe all training is completed. The Council of State Governments- routine transportation capabilities along This proposal allows sufficient Midwestern Office and several other NWPA transportation routes. Other flexibility for states and tribes to commenters urged the Department to federal agencies such as the Federal conduct route and risk assessments if limit or prohibit shipments until Emergency Management Agency they choose. Applicants may request jurisdictions have received funding in (FEMA) and the Department of technical assistance to aid in their time to fully train and equip their public Transportation (DOT), as part of their efforts. safety personnel. Specifically, the respective missions, assist states and In response to the comments Western Interstate Energy Board said tribes in the creation of more regarding better coordination among the routes must be named and funding comprehensive emergency response and Department’s transportation programs, provided at least three years prior to safe routine transportation capabilities. OCRWM continues to work with the shipment through a jurisdiction. These Therefore, this proposal is designed to Transportation External Coordination 38278 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

(TEC) Working Group and other internal inspection standards. Regarding rail definition of technical assistance since channels to increase coordination issues, the Southern States Energy supplying equipment would be part of among the Department’s various Board said the lack of rail inspection the government’s Trust responsibility to programs. Regarding Nye County, standards creates a negative public tribes. In some cases, commenters Nevada’s request, OCRWM believes that perception about the Department’s encouraged the Department to expand discussions about roles and efforts to ensure rail transport safety. the definition of technical assistance to responsibilities and any unique needs of include the purchase, calibration, and Response Nye County can be addressed through maintenance of equipment. A couple of Nevada’s grant and technical assistance The definition of safe routine commenters asked the Department to application process. Regarding transportation in this notice combines clarify what was meant by the phrase including all waste destined for part of the TEC definition and the ‘‘unique to the Department’’ used in the geological disposal under the Section Strategy document definition. The definition and whether access to 180(c) program, the language of Section complete TEC definition was not used Department representatives meant 180(c) is clear that assistance is because it is very broad and does not access to contractor personnel as well as intended for the transport of spent specifically indicate what training for Departmental employees. nuclear fuel and high-level radioactive safe routine transportation procedures Many commenters disagreed with the waste. However, the Department would be covered by Section 180(c) 10 percent cap of total funding to continues its effort to provide training assistance. Many activities suggested in purchase equipment. Instead, they assistance for its other radioactive the comments are already required of suggested allowing applicants to assess materials shipping campaigns even the shipper or carrier such as their own equipment needs and include when Section 180(c) is not the developing operating protocols and it in the application package. Other appropriate avenue for assistance. using escorts. This negates the need to commenters stated the 10 percent cap Regarding opposition to the program include the activities in the definition of might work for most applicants but and the statement that the Treaty of safe routine transportation for the suggested allowing the cap to be waived Ruby Valley invalidates Federal purposes of providing Section 180(c) in some instances, or create a sliding ownership of the land, those comments assistance. Some requested activities, scale that allowed more funding for are noted but are beyond the scope of such as alternate route analysis and equipment in the early years of training Section 180(c) policy development. record-keeping audits, are outside the when more equipment would be With regard to posting a bond to ensure realm of training for safe transport of needed. Portland General Electric and future Section 180(c) funding, the NWPA shipments, and therefore not the International Association of Fire Department intends to provide funds for included in the definition. The revised Chiefs suggested 10 percent was an the Section 180(c) program through the proposed policy and procedures allow insufficient cap and should be increased appropriations process as required of all for other activities to occur using the to 25 percent. The Nuclear Energy Federal agencies. Lastly, OCRWM’s base grants. Institute stated the 10 percent cap was transportation contractors will be Regarding CVSA’s comment about appropriate because it ensured the subject to all applicable federal, state, funding a subcontractor, such activities majority of the funding will be used for and local regulations. may be funded through a cooperative training purposes. Another commenter agreement, but would be outside the said the 10 percent cap was sufficient as Safe Routine Transportation scope of Section 180(c) which requires long as the Department assisted Several comments were received that funding and technical assistance be jurisdictions in interpreting federal stating that the definition of safe routine used for training. Compliance with the requirements related to federally- transportation was too narrow and North American enhanced inspection purchased equipment. Several should follow more closely the standards would not be required commenters made the point that definition developed by TEC. An although the Department anticipates restricting equipment purchases to expanded definition was encouraged to states will abide by these standards once ‘‘training-related’’ equipment would allow assistance for salaries, equipment adopted by the full CVSA membership. create an unfunded mandate because and supplies, planning activities, Regarding the comments that the jurisdictions could purchase equipment activities related to state escorts, record- Department’s lack of rail inspection to train but not have it available to them keeping, compliance audits, standards creates a negative public during an actual emergency response or development and application of bad perception, both the rail companies and inspection situation. One comment weather procedures, identification and the Department of Transportation’s recommended that inspection use of safe parking procedures, Federal Railroad Administration have equipment specifically be an allowable prenotification and monitoring of stringent standards for the expense. A couple of local governments shipments, alternate route analysis and transportation of spent nuclear fuel and argued that equipment should be designation, infrastructure high-level nuclear waste. Focusing more provided directly to local responders. improvements, and public information communications efforts on rail safety One commenter requested clarification and involvement efforts. The measures may help address concerns on whether the cap pertained to the Commercial Vehicle Safety Alliance about rail transport. total annual Section 180(c) budget (CVSA) recommended designation of a allocation to a state or tribe, or to the Technical Assistance and Equipment CVSA subcontractor as the central assistance passed on to each local inspection data collection agency in Technical assistance and equipment jurisdiction. They also asked for order to keep the Out-of-Service criteria were frequently mentioned together in clarification on what should be done up-to-date. Their comments also the comments. Both state and tribal with equipment provided along routes encouraged the Department to adopt the commenters stated that equipment and not ultimately used. Waste Isolation Pilot Plant’s (WIPP) infrastructure improvements should be stringent driver qualification and available as part of technical assistance. Response inspection standards, including With regard to tribes, the Department The definition of technical assistance requiring that transportation occur was requested to clarify why equipment proposed in this Notice combines parts under the North American enhanced would not be included under the of the Strategy definition and TEC Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38279 definition. Some activities, such as However, as previously stated, such Unconstrained Overview of the Critical infrastructure improvements are far equipment may also be used during Elements in a Model State System for outside the scope of assistance for actual emergency responses, not just for Emergency Response to Radiological training and therefore not covered by training. Equipment is not being Transportation Incidents.’’ the Section 180(c) program. OCRWM provided directly to local governments Several commenters wanted the will allow states and tribes to use a because the Section 180(c) language and Department to work more cooperatively percentage of each years’s grant budget legislative history clearly indicate that to define the interface between the for the purchase of equipment. OCRWM assistance should be provided to states. federal and state or tribal levels of cannot include equipment in the In addition, it is within the states’ public safety officials. A few definition of technical assistance. This authority, not the federal government’s, commenters recommended using the is consistent with the Departmental and to determine the public safety structure transportation programs for the Waste Government-wide policy which clearly within their state. In response to the Isolation Pilot Plant in New Mexico and delineates what is financial assistance questions posed, the cap pertains to the the Department’s Cesium shipments as and what is technical assistance. In 10 total annual Section 180(c) budget models for this cooperation. The CFR 600.202 Definitions, the term allocation to a state or tribe. For Western Interstate Energy Board again ‘‘grant’’ means an award of financial equipment that is supplied along routes requested the Department to write a assistance, including cooperative not ultimately used for NWPA transportation plan that provides a basis agreements, in the form of money, or shipments, the Department would for interaction among the various property in lieu of money, by the advise the state or tribe on requirements governmental levels regarding routing, Federal Government to an eligible related to equipment acquired under the training, operations, and other grantee. The term does not include grant, and the appropriate disposition of transportation matters. They also technical assistance which provides the equipment. Inspection equipment is reiterated their desire for the services instead of money * * *’’. The not specifically mentioned in the policy Department to establish Regional phrase in the definition ‘‘unique to the because it will be the grant recipient’s Training Advisory Teams and a Department’’ was not meant to limit the choice as to whether to purchase National Training Advisory Committee. Department’s technical assistance, but emergency response or inspection To support program flexibility, one state to recognize that some jurisdictions may equipment. requested that the Department allow states to prioritize training assistance not be familiar with the NWPA Training Standards shipments’ regulatory structure, safety along the routes. Comments on training standards were measures, or other issues specific to The Commercial Vehicle Safety fairly consistent. Commenters requested these shipments. The access to Alliance requested that the Department the Department to define more clearly increase efficiency and consistency Department representatives was the roles and responsibilities of local regarding inspection and enforcement intended to mean access to both federal and state emergency responders and the training by funding CVSA to conduct employees and contractor personnel. training goals for each level of the training, and requiring grant Regarding equipment issues, emergency response. Several recipients to attend CVSA’s North equipment purchases, calibration, and commenters encouraged the Department American Enhanced Inspection maintenance are not specifically to set training goals for local responders Standard training and refresher training. allowed under the definition of by defining what ‘‘adequate’’ training They based their argument on the fact technical assistance although such means and by defining the specific tasks that they are the only organization in activities may be allowable under a required to respond to an NWPA North America that offers standardized recipient’s grant. OCRWM anticipates transportation incident or accident. inspection training across North that the provision of technical They requested the Department to fund America for radiological materials assistance may include, if the applicant training to a level consistent with the transportation, and that requiring requests it, advice on appropriate defined roles and responsibilities, participation in the CVSA enhanced equipment and the appropriate training allowing the grant recipients to decide inspection program, where participating for use of the equipment. In response to how best to meet those goals. The states agree not to reinspect shipments the arguments against the 10 percent Southern States Energy Board said that already inspected by another cap on equipment purchases, OCRWM awareness level training for local participating state, would limit the has changed the policy to allow up to responders was not sufficient. The number of inspections and increase the 25 percent of each applicant’s annual International Association of Fire Chiefs, transportation program’s efficiency. Section 180(c) funding in TY–2 and TY– on the other hand, said local responders In other comments, the League of 1 to purchase equipment. Ten percent of are already overburdened with training Women Voters Education Fund each recipient’s annual Section 180(c) and that two to four hours, possibly in recommended developing training funding may be used to purchase a video format, would be sufficient. modules and information packets in equipment in the transportation years They also recommended not using the conjunction with TEC and emergency after TY–1. Allowable types of Occupational Safety and Health response personnel. A county supported equipment would include Administration’s 1910.120(q) modular training formats and distance communications equipment, basic regulations as they were too great a learning as well as preserving the emergency response equipment, and burden. Another commenter requested training resources at the Department’s radiological detection equipment. A that the Department’s training standards Nevada Test Site. The Nuclear Waste percentage cap remains in place, albeit include Attachment H, ‘‘Recommended Citizen’s Coalition stated that the a higher cap, to ensure that the majority Sequence of Radiological Training,’’ of Department should mandate attention to of Section 180(c) funding is used for FEMA TD–100, ‘‘Management Plan for antiterrorism training and the training first responders for NWPA Radiological Training Series.’’ Another development of potential terrorist shipments while giving grant recipients commenter said the standards in the scenarios and provide the carrier with a the flexibility to target their funding proposed policy were inadequate and list of emergency response contact from year to year. The ‘‘training-related’’ encouraged the Department to look at numbers at each jurisdiction along the phrase was retained in the policy. NUREG/CR–2225 (1981) ‘‘An route. The Emergency Nurses 38280 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Association stated that hospitals need These requirements can be addressed of other DOE shipments have had access access to information about available through the use of the NFPA training to an emergency response contact list training and that they should qualify for standards or other implementing for the jurisdictions they pass through. the same training as other public safety guidelines. The Department finds no reason to personnel. The Department recognizes the need discontinue this practice. This proposal for clear lines of responsibility and does not include the training of hospital Response communication during a transportation personnel as an objective, but grant This revised policy addresses many of emergency and anticipates working with recipients may use their funds for this the commenters’ concerns. OCRWM has grant recipients on these matters purpose if they believe they have met stated in this revised policy what it through the provision of technical the policy’s other training objectives. views as adequate training for safe assistance and, as budget allows, by OCRWM will provide, for public routine transportation and emergency conducting drills and exercises. Grant information and as part of awareness response capabilities along NWPA recipients may use their funds to training, information about Oak Ridge routes. The states and tribes have the coordinate their emergency response National Laboratory’s Radiological right and responsibility to determine planning with other grant recipients if Emergency Assistance Center and how best to apply this training and to they wish; however, OCRWM believes Training Site and its 24-hour on-call determine how best to protect the establishing regional and national assistance. health, safety, and welfare of their training advisory teams would drain citizens. The powers and financial assistance away from grant Timing and Eligibility responsibilities of local governments recipients. The Department has not yet For the most part, commenters depend on the state constitution under prepared an OCRWM transportation supported the eligibility requirements which they operate. In order to receive plan because these types of plans proposed in the last notice. Several Section 180(c) funds, OCRWM will require knowledge of a level of detail Nevada counties recommended that require that the states (and tribes if they that has not yet been determined. For local governments, since in most cases have subjurisdictions within their example, included in the plan would be their public safety officials will respond government) consult with the first points-of-contacts along the routes, first to an accident or incident, be responders and local governments origins and destinations of shipments, directly eligible for assistance. Nye regarding awareness level training in and shipment schedules. This does not County requested the Department take order to determine the level of preclude OCRWM from developing a into account the unique position of the assistance needed to meet OCRWM’s transportation plan in the future, when host community and define their training goals. OCRWM has stated its these open issues are resolved. eligibility and funding assistance objective that, at a minimum, all local The policy does not specifically differently than jurisdictions along the response jurisdictions have awareness require states and tribes to take CVSA routes. Other commenters suggested that level training in order to recognize an training; however, since CVSA is the jurisdictions be eligible when they have NWPA shipment, know its contents, its only organization in North America that emergency response authority over a associated risk, and what authorities to offers standardized motor-carrier route, regardless of whether the notify in case of an accident or incident. inspection training and 49 states shipment travels through their Coordinating Section 180(c) assistance participate in CVSA, OCRWM jurisdiction, i.e., when a mutual aid with FEMA training programs or other anticipates that jurisdictions will abide agreement exists between two training programs that a grant recipient by the CVSA reciprocal inspection jurisdictions although the responding may already be using is encouraged, standards program. jurisdiction may not have any NWPA however, OCRWM sees no need to limit In response to the other comments, shipments through its borders. Another all grant recipients to Attachment H of the Department’s Transportation commenter suggested that all potentially FEMA’s Management Plan for Emergency Preparedness Program has affected jurisdictions should be eligible Radiological Training Series. In an ongoing effort to coordinate and regardless of whether they have an addition, the NUREG/CR–2225 make available training curricula to the emergency response role over the route. document is a useful document for stakeholders. The focus of this program Several tribes and the National Congress planning in a model scenario. However, is the consolidation and enhancement of of American Indians urged the the text states that the study is an ongoing training into a flexible, modular Department to consider the rights some unconstrained view of the critical format for incorporation into federal, tribes have over culturally significant elements in a state program for state, tribal, and local training programs. lands. The comments stated that tribes radiological emergency response, A key element of this program is should be eligible when they have an presuming no bounds of manpower, coordination via public forums, surveys, interest in protecting and preserving funding, development time, or other and pilot testing by public groups such these areas even though they may not real-world constraints. In addition, the as TEC, and professional and volunteer have emergency response authority over model does not specify the type of emergency response officials. A current those lands. The Commercial Vehicle radioactive material, therefore, it does effort is the final pilot test of the Safety Alliance stated that the state not take into account the packaging Radiation Materials Emergency agency responsible for on-highway used for NWPA shipments and the low Response: Awareness Level module due enforcement of motor carrier regulations risk of these shipments. for final release this fall. Regarding should be specified as the agency OCRWM decided to rely on the OSHA terrorist concerns, the NRC requires that designated to receive funds for safe 1910.120(q) regulations as those most the security plan for the shipments routine transportation procedures, relevant to providing emergency consider terrorist scenarios. It should be ensuring that training assistance reaches response training for spent fuel noted that the formidable containers the personnel responsible for motor shipments since these are the and nonvolatile nature of the contents, carrier regulation. regulations applicable to employers which enhance survival, even in severe Comments received on the timing of whose employees respond to hazardous accidents, would likewise minimize the the assistance ranged from one materials emergencies and spent nuclear affect of terrorist attack. While not statement that a four-year process is too fuel is a class of hazardous materials. required by federal statute, the drivers long to another statement that the WIPP Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38281 experience shows four years is the and reiterated their position that for on-highway enforcement of motor minimum time required given the contingency escorts would be carrier regulations be eligible for direct number of applicants and the slow acceptable for only limited numbers of funding, OCRWM believes it is the role process of application review. The shipments and any large-scale of the state governor to determine what governor of Oregon stated that the movement of spent nuclear fuel would agency is responsible for the Section application process should be require sufficient assistance and time to 180(c) program. streamlined to less than a year and the prepare. Similarly, another state OCRWM would have to use Council of State Governments- organization warned that contingency contingency plans for Section 180(c) if Midwestern Office stated that the plans do not compensate for sufficient the Department were directed to ship assistance should be provided one to planning and preparations. The Nuclear prior to full implementation of Section two years prior to shipment. A couple Information and Resource Service stated 180(c), which means with a preparation of commenters suggested the program that escorts must be highly trained to period of less than approximately four would be more flexible if assistance handle accident conditions. The years. OCRWM did not make any were allowed to begin more than fours Nuclear Energy Institute encouraged the changes to the timing of the grants years prior to shipment for jurisdictions flexibility of contingency plans in order process because the current proposed that need extra preparation. The that transportation not be interrupted by four-year time frame provides sufficient National Congress of American Indians bad weather, road maintenance, flexibility. Should shipment have to argued that tribes, when they lack noncompliance by grant recipients, or occur within less than the time frame infrastructure and emergency response other potential delays. The Southern planned, the contingency plan will preparedness, need assistance to begin States Energy Board pointed out that the assist jurisdictions in preparing for the now. The emergency preparedness contingency plan only deals with shipments at no risk to shipment safety. workshops the National Congress of emergency response procedures and not Under the Department’s current Civilian American Indians conducted in the last safe routine transportation procedures. Radioactive Waste Management three years has indicated that a critical They questioned whether the level of Program Plan, the earliest transportation lack of trained people and infrastructure assistance to train inspectors would could begin is 2004. If Congress exist on most Indian lands. In addition, allow states to move inspectors quickly mandates an interim storage site, the the Council of State Governments— within a state should a route be changed contingency plan can accommodate Midwestern Office stated that to prepare suddenly. early shipment. Similarly, if routes are sufficiently and to target resources, the One commenter said escorts must be announced two years prior to shipment, Department must announce the queue, trained in the incident command system grant recipients should have ample time the routes, the modes, and the process and be prepared to provide radiological to consider alternate routes and interact of interaction with the private information to a local incident with the private transportation transportation contractors. Several commander. Another commenter said contractors. Information is available western states argued that routes should the Nuclear Regulatory Commission’s about the queue through documents be announced and assistance should (NRC) regulations on escorts were not such as DOE/RW–0457 ‘‘Acceptance begin three to five years prior to sufficient in rural areas because the Priority Ranking and Annual Capacity shipment to allow for alternate routing escort would be nothing more than a Report.’’ Regarding the preparedness and to assess training and related needs. replacement driver. concerns of tribal governments, this Others expressed concern about the proposal does expand the application of Response possibility of a Congressionally technical assistance to be responsive to mandated interim storage site resulting The Department based its proposed these concerns where warranted. in transportation across their requirements for eligibility on the OCRWM has tried to correct the lack of jurisdictions in less than the four-year statutory language of the NWPA and safe routine transportation contingency time frame. The governor of Nebraska, OCRWM’s prior discussions with plans by allowing grant recipients to the National Congress of American stakeholders about beginning assistance determine the number of inspectors to Indians, and the Nevada Nuclear Waste three to five years prior to train. When escorts are part of the Task Force said that current commencement of shipping through a contingency plan, OCRWM has stated preparations for these shipments are not jurisdiction. Eligibility was expanded to the escorts would be more highly sufficient for public safety and permit states and tribes to transfer funds trained and equipped than those expressed concern that delaying Section to those jurisdictions with mutual aid or routinely used for the purposes of 180(c) implementation now risked cross-deputization agreements for safeguards and security. having less than four years to prepare emergency response and to include both Regarding the comments on escorts, should Congress site an interim storage jurisdictions in those cases where a OCRWM anticipates that escorts used facility. The Southern States Energy route constitutes the border between on a contingency basis would have Board stated the four-year time frame is two jurisdictions. These changes allow significant training in the radiological irrelevant since the Department is all parties with authority over an emergency response procedures and be scheduled to begin shipping spent accident or incident to receive training fully versed in issues of federal, state, nuclear fuel within two years. assistance for NWPA shipments. Local tribal, and local jurisdictional authority Commenters offered several governments are not eligible for direct under accident or incident conditions. suggestions on the contingency plan assistance because the language in the There is no safety reason to increase the which called for more highly trained statute provides that state governments number of escorts beyond the Nuclear and equipped escorts in some cases and allocate the assistance to local Regulatory Commission’s regulatory to provide funding and assistance in a jurisdictions. For a tribe, in those requirements. shorter time frame in other cases. While instances where a tribe has rights to no comments were strongly critical of culturally significant lands, OCRWM Funding Allocation Formula the contingency plan, one state anticipates working with the tribal The funding allocation formula, organization requested that the government through the provision of presented in the appendix to the May Department detail the potential technical assistance. Regarding CVSA’s 16, 1996, Proposed Policy and contingencies the Department envisions, request that the state agency responsible Procedures, was roundly criticized. 38282 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Almost all the commenters said the the annual funding projections for their why states’ ability to determine the measures used to determine funding state and work to keep funding levels appropriate use of funds was levels, for example, the numbers of constant to assist states with their inconsistent with tribal governments’ people trained and the route miles as a planning and budgeting cycles. ability. basis for the variable funding, were an A variety of commenters encouraged Response arbitrary determination by the the Department to allow funds to pay for Department and did not correspond to OCRWM has fundamentally changed administrative costs such as salaries and real training needs in the jurisdictions. the funding allocation formula in this record-keeping. Lincoln County, Nevada Many commenters objected to the revised proposed policy. The formulaic suggested the Department pay for 75 Department’s determining the funding approach has been dropped and a more percent of a person’s salary in each local level and not discussing with eligible needs-based approach developed. The jurisdiction, while a few states jurisdictions the planning issues that new approach, while limited by commented that states should receive impact training needs such as the OCRWM’s training objectives, will funding for one person each to carry out routes, the number of shipments, and allow more flexibility for grant safe routine transportation and the shipment schedules. A frequent recipients to determine how much emergency response planning activities. recommendation was that the number of assistance they need to be prepared for One commenter asked whether states people trained and the number of NWPA shipments. Instead of using would have to cover the cost of Federal trainers should be negotiated. Similar population or other variables to employees participating in public recommendations included basing determine funding levels, the level of meetings. Commenters also requested funding on the training and equipment preparedness will factor into the clarification on the use of funds to train needs of local responders, and using the funding allocation. The needs-based state personnel as well as local Western Governors’ Association straw approach would apply both to safe personnel given that Section 180(c) man regulations. Commenters routine transportation training and states assistance is for ‘‘public safety frequently mentioned that if the emergency response training, negating officials of appropriate units of local Department failed to use a needs-based the need for a specific funding formula government. * * *’’ On the subject of system for the funding allocation, the for either type of procedures. The pass-through requirements, a few policy would be viewed as an unfunded comments about projected funding and commenters requested the proposal mandate. consistent funding levels are noted. require a pass-through of funds to the Recommendations on how the Allowable Use of Funds local level. One suggested 75 percent of funding allocation should occur were funds be passed-through while another varied but generally included some Comments on the allowable use of said even if funds are not passed level of needs assessment as determined funds tended to overlap with comments through, the majority of training by the eligible state or tribe. Comments on training standards and overall assistance should reach the local level. on the role of population in determining program policy. Commenters, including By far the most frequent comment was funding levels ranged from the the National Association of Regulatory an expression of disagreement with the International Association of Fire Utility Commissioners, the International Department’s decision not to allow Fighters and the Council of State Association of Fire Fighters, a couple of drills and exercises as part of training. Governments/Eastern Regional counties, and most states encouraged Almost every commenter made the Conference stating that higher the Department to fund some form of point that exercises and drills are an population levels require the training of route and risk assessments. Route and essential part of the learning process. more public safety personnel to Nye risk assessments, it was argued, are the One commenter suggested funding a County, Nevada stating that population first steps in preparing for NWPA percentage of a jurisdiction’s cost for should be used as an inverse funding shipments, assisting jurisdictions to drills and exercises saying it would be variable since rural areas tend to be less identify specific hazards, write an more effective and less costly for the prepared and need more assistance. effective emergency response plan, more Department to fund state and local level Several tribal commenters encouraged efficiently deploy Section 180(c) drills and exercises than to conduct the Department not to use population at resources, and take specific accident large-scale joint federal, state, and tribal all as a factor because low population prevention measures. The Department exercises. An alternative suggestion was on tribal lands tends to limit the was encouraged to conduct early route to fund a fixed number of multi- assistance available to tribes. selection in cooperation with states and jurisdictional exercises each year. Others recommended using shipment tribes as an initial step in defining the A mix of views was expressed on the miles, not route miles as part of the appropriate increment of assistance, and Department’s statement encouraging allocation basis. Another commenter to reduce confusion and antagonism in grant recipients to coordinate their recommended including accident rates jurisdictions along the routes. The point training for NWPA shipments with along routes as the allocation basis. The was made that a cooperative approach other training programs such as FEMA’s Commercial Vehicle Safety Alliance to route and risk analysis and related radiological training. One commenter recommended that funding for inspector planning activities would take more said it would be illegal to use other training be based on a combination of than two years or the Department would federal programs to pay for NWPA population, number of inspectors, risk inadequate planning involving training. The State of New Mexico and number of inspections, and the number stakeholders. Defining the interface the Nuclear Energy Institute both of points of entry for each eligible among the federal government, private encouraged coordination with other jurisdiction, similar to the present contractors, and involved jurisdictions training programs to provide states policy in calculating the U.S. DOT’s was suggested as part of an overall flexibility in obtaining training and hazardous materials registration cooperative approach. One commenter maximizing the effectiveness of Section program, 49 CFR 107–601. suggested that the Department should 180(c) funds. On a slightly different The Council of State Governments- make technical assistance available to note, commenters cautioned the Midwestern Office and the Eastern assist jurisdictions in conducting risk Department not to rely on other federal Regional Conference both requested that assessments even if financial assistance programs to provide more elementary the Department inform the governors of is not available. One commenter asked emergency response and safe routine Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38283 transportation capabilities because Regarding the coordination of Section from shipping casks. Nye County, cutbacks in federal spending have 180(c) assistance with other training Nevada stated that local governments jeopardized programs such as FEMA’s programs, the Department retains its and rail carriers should be involved in equipment calibration laboratories. position of encouraging grant recipients developing policy for best practices and to detail in their three-year plans how new technology for rail shipments and Response this assistance will enhance their that the states should immediately pass The revised proposed policy and current efforts to prepare for on to local governments the information procedures increase the types of radiological materials shipments. For provided by the Department. activities that Section 180(c) funds may example, if a grant recipient already Tribal concerns centered on the issue cover. While the base grant was derived relies on FEMA training classes to of how to implement Section 180(c) in from a salary estimate, it could be used prepare their first responders, then they a manner consistent with the to offset the cost of salaries, to conduct would be encouraged to use Section government-to-government relationship planning activities such as route and 180(c) assistance to send additional and Trust responsibility of the Federal risk assessments, to coordinate with responders to those classes. Or if a state government toward tribal governments. neighboring grant recipients and local or tribe conducts its own awareness Commenters stated that the Trust jurisdictions, or interact with the private level training, they could use the responsibility requires the Federal transportation contractors or federal assistance to offset the costs of sending government and agencies to take proper employees. The base amount of funding first responders to that training, or care to protect the rights and interests of doubled the original salary estimate to updating their curricula to include each tribal government. Actions allow states and tribes to pay the salary information about NWPA shipments. suggested to properly meet the Trust of one person each to carry out safe responsibility included increasing routine and emergency response Concerns of Local, Rural, and Tribal assistance to the National Congress of procedures planning, if that is what the Governments American Indians to reach out to tribal state or tribe chooses to do. The Many of the comments on the governments about this program, proposed policy and procedures did not concerns of local, rural and tribal consulting directly with tribal differentiate between a state’s authority governments have already been governments to resolve issues related to to determine the best use of funds summarized in the previous sections. NWPA transportation, and acting as an within their jurisdiction from a tribal The following summarizes the advocate of tribal interests with other government’s authority to determine the comments specific to these federal agencies as stated in the best use of funds within their jurisdictional levels. Department’s American Indian Policy. jurisdiction. This policy intends to give Several counties expressed their view The commenters felt the proposed equal treatment to state and tribal that the proposed policy diminishes the policy failed to analyze the governments with regard to eligibility, role of local governments in preparing requirements of the Trust responsibility. use of funds, and other policy matters. for NWPA shipments. They expressed The policy will have to make dissatisfaction that local governments Response allowances for different governmental did not have a more guaranteed role in OCRWM recognizes that there is a structures of state and tribes, since for the planning and needs assessment lack of infrastructure and trained example, tribes seldom have stages of the application process, that personnel on many tribal lands and in subjurisdictions with which to notification of eligibility would go to the many rural counties across the nation. coordinate and plan. state and tribal governments only, that Typically, these areas may rely more The prescriptive pass-through of training and guidance were not directly heavily on technical assistance than funds to the local level is not required available to local governments, and that other grant recipients. In recognition of because it is unclear that such a pass- insufficient attention was given to these concerns, OCRWM has increased through would result in the most establishing basic infrastructure where the requirement on states to consult and efficient use of training resources. needed. The point was made that the involve local jurisdictions in the Training for safe routine transportation Department should have an oversight planning and training activities. Under procedures, as defined for the Section and enforcement mechanism to ensure the new training objectives, in those 180(c) program, would occur at the state wise use of funds and readiness at the states where local governments have level since state-level employees have local level. Other commenters said clear significant emergency response motor-carrier inspection and training standards for the local level are authority, most of the assistance should enforcement powers. OCRWM needed to minimize the role of state flow to the local emergency response anticipates that local public safety politics in distributing funds and to agencies. Regarding oversight and officials will receive increased training guarantee readiness. Commenters also enforcement of training readiness, the benefits under this proposed policy stated that local governments should OSHA standards are very clear that because of the increased requirement to have direct access to Departmental verifying training is the employer’s ensure planning and coordination at the personnel to communicate concerns and responsibility. It is not the role of the local level and to ensure that local obtain direct assistance if the local federal government to set requirements responders will be the recipients of the government has a dispute with the state. on local governments, circumventing awareness level training. The recipient The Department was encouraged to the state/local government relationship. state (or tribe if they have consider the needs of rural volunteer OCRWM has and will continue to subjurisdictions) will determine emergency responders who lack the consider the financial and time whether local salaries are offset. funding and the time to attend extensive constraints of volunteer and rural Federal representatives’ attendance at training classes by providing distance responders in the development and public meetings will be funded by learning and other flexible, low cost distribution of training materials. With OCRWM, not out of grant recipients’ training alternatives. Another regard to local governments funds. OCRWM plans to allow grant commenter said local governments must involvement in the reduction of applicants to factor in the cost of drills be invited to consider mechanisms to radiation exposure, the radiation and exercises as part of their grant limit exposure to the public and get exposures from the shipping casks will applications. assistance to reduce radiation exposure be within the levels for routine safe 38284 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices shipments as defined by the competent Response consideration of extensive public regulatory authorities. The local OCRWM made no changes to the comments. At some future date, governments may, consistent with the funding mechanism in this revised OCRWM may decide to promulgate DOT routing guidelines, work with state proposed policy and procedures, in part regulations. At this time, however, it is routing agencies to define preferred because states and tribal commenters OCRWM’s intent to remain flexible in routes that limit population exposure. In did not find the grant mechanism to be order to work through unforeseen addition, current safeguards and overly burdensome, particularly if staff circumstances without committing to security regulations prevent the release and administrative costs are offset. This binding regulations. of information about the time of new proposal does note that in the event V. Conclusion and Request for shipments through a particular route. there is a Department-wide funding Submission Regarding local governments’ mechanism for training assistance, the involvement in the development of rail Section 180(c) program would be This notice has presented the practices, this is an issue that may need combined with it to the extent OCRWM’s revised proposal for a policy to be addressed with the Department, practicable. OCRWM finds combining and procedures for the Section 180(c) but is beyond the scope of the Section the Section 180(c) funding mechanism program. It also has presented 180(c) policy development process. with a federal program outside the OCRWM’s summarization of and Department would increase response to comments received on the OCRWM has agreed to work directly administrative costs and reduce prior Notice of Proposed Policy and with tribal governments unless program flexibility. As discussed in the Procedures. Relevant comments on this requested otherwise by the applicant. allowable use of funds section, grant proposal will be given careful OCRWM will continue to work through recipients will be encouraged to consideration and responses will be the mechanism of its cooperative coordinate their training under the included in the Notice of Final Policy agreement with the National Congress of Section 180(c) program with their and Procedures, which OCRWM intends American Indians to reach out to tribes existing training efforts to the extent to publish in 1998. The purpose of this across the nation and encourage their practicable. notice has been to share with participation in the program. stakeholders the progress to date on C. Applicability of Section 180(c) to developing Section 180(c) policy and B. Section 180(c) Procedures Private Shipments procedures and to request additional Funding Mechanism Many states and state organizations comments from interested parties. The urged that Section 180(c) assistance final policy and procedures may reflect The comments on the funding should apply to all spent nuclear fuel or changes as a result of comments, new mechanism were almost unanimously defense high-level radioactive waste Statutory direction, and any policy supportive of the grants program shipments ultimately destined for an changes caused by the new Statutory directed to states and tribes. There were NWPA facility, whether or not those direction. a couple of states that encouraged the shipments are transported to and stored OCRWM solicits comments from the Department to combine Section 180(c) on an interim basis at a private facility. public on this revised proposal to issue funding with existing federal programs Commenters cited that transportation to Section 180(c) policy and procedures. that offer training for emergency a private facility would only be Issued in Washington, D.C., on July 11, response and safe routine transportation necessary if the Department fails to site 1997. training and one of them requested the an interim or permanent storage facility Ronald A. Milner, funding be provided as an up-front according to statutory obligations. Acting Deputy Director, Office of Civilian distribution instead of reimbursement Response Radioactive Waste Management. for costs. A couple of states that supported the grants mechanism The Department is currently Appendix—Definition of Terms As Used in requested the Department provide for authorized to implement the Section the Revised Proposed Policy and Procedures coordination of the assistance with 180(c) program of financial and 1. Responsible Jurisdiction means a other state, tribal, and federally- technical assistance only for shipments governmental entity at any level of government, whether state, tribal, or any of supported training programs for to a repository or MRS constructed under the NWPA. However, the many their subjurisdictions, that has the authority emergency response and safe routine to conduct part or all of an emergency transportation procedures, even if the comments on this issue have been noted. response to a radiological materials funding mechanisms were not transportation accident or incident. combined. The State of Idaho supported D. Policy Development Process 2. First Responders are generally those combining Section 180(c) funding with emergency response personnel who (1) assess A few commenters again questioned the risk level of the emergency, (2) take other training assistance programs the Department’s plans to issue a Notice within the Department in order to make defensive action to secure an accident scene, of Policy and Procedures rather than and (3) notify additional authorities if the Department’s training assistance less promulgate regulations. They voiced needed. campaign-specific. Several tribal concern that implementation of Section 3. Awareness level training means training government commenters favorably 180(c) through regulations is necessary for individuals who are likely to witness or noted the equal treatment between to ensure stability through changes of discover a hazardous substance release and states and tribes. The International leadership within the Department and who have been trained to initiate an Association of Fire Fighters stated that that an interpretation of policy and emergency response sequence by notifying the grant mechanism would place too the authorities of the release. First responders procedures is more easily changed. An awareness level training shall provide heavy a burden on the states for expedited rulemaking was suggested to planning, administration, and needs sufficient training to ensure that first accommodate time constraints. responders objectively demonstrate assessment and could require the Response competency in the following areas: creation of state-level offices analogous (A) Understand what hazardous substances to the Department’s Office of Civilian OCRWM is developing the Revised are, and the risks associated with them in an Radioactive Waste Management. Policy and Procedures after receipt and incident. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38285

(B) Understand the potential outcomes materials by using field survey instruments construct, own, and operate the meter associated with an emergency created when and equipment. and regulation station. hazardous substances are present. (C) Be able to function within an assigned Any person or the Commission’s staff (C) Recognize the presence of hazardous role in the Incident Command System. may, within 45 days after issuance of substances in an emergency. (D) Know how to select and use proper (D) Identify the hazardous substance, if specialized chemical personal protective the instant notice by the Commission, possible. equipment provided to the hazardous file pursuant to Rule 214 of the (E) Understand the role of the first materials technician. Commission’s Procedural Rules (18 CFR responder awareness individual in the (E) Understand hazard and risk assessment 385.214) a motion to intervene or notice employer’s emergency response plan techniques. of intervention and pursuant to Section including site security and control and the (F) Be able to perform advance control, 157.205 of the Regulations under the U.S. Department of Transportation’s containment, and/or confinement operations Natural Gas Act (18 CFR 157.205) a Emergency Response Guidebook. within the capabilities of the resources and protest to the request. If no protest is (F) Realize the need for additional personal protective equipment available with filed within the time allowed therefor, resources, and to make appropriate the unit. notifications to the communications center. (G) Understand and implement the proposed activity shall be deemed to (29 CFR 1910.120(q)(6)(I)(A)). decontamination procedures. be authorized effective the day after the 4. First responder operations level (H) Understand termination procedures. time allowed for filing a protest. If a hazardous materials training means training (I) Understand basic chemical and protest is filed and not withdrawn that provides for individuals who respond to toxicological terminology and behavior. within 30 days after the time allowed releases or potential releases of hazardous (29 CFR 1910.120(q)(6)(iii)(A)). for filing a protest, the instant request substances as part of the initial response to shall be treated as an application for the site for the purpose of protecting nearby [FR Doc. 97–18840 Filed 7–16–97; 8:45 am] authorization pursuant to Section 7 of persons, property, or the environment from BILLING CODE 6450±01±P the effects of the release to be able to respond the Natural Gas Act. in a defensive fashion without actually trying Linwood A. Watson, Jr., to stop the release. Their function is to Acting Secretary. contain the release from a safe distance, keep DEPARTMENT OF ENERGY [FR Doc. 97–18769 Filed 7–16–97; 8:45 am] it from spreading, and prevent exposures. First responders at the operations level shall Federal Energy Regulatory BILLING CODE 6717±01±M have received at least eight hours of training Commission and have had sufficient experience to DEPARTMENT OF ENERGY objectively demonstrate competency in the [Docket No. CP97±615±-000] following areas in addition to those listed for Federal Energy Regulatory the awareness level, and the employer shall Florida Gas Transmission Company; Commission so certify: Notice of Request Under Blanket (A) Know the basic hazard and risk Authorization assessment techniques. [Docket No. CP97±613±000] (B) Know how to select and use proper July 11, 1997. Koch Gateway Pipeline Company; personal protective equipment provided to Take notice that on July 1, 1997, the first responder operational level. Notice of Request Under Blanket (C) Understand basic hazardous materials Florida Gas Transmission Company Authorization terms. (FGT), 1400 Smith Street, Houston, (D) Know how to perform basic control, Texas 77002, filed in Docket No. CP97– July 11, 1997. containment and/or confinement operations 615–000 a request pursuant to Sections Take notice that on July 1, 1997, Koch within the capabilities of the resources and 157.205 and 157.212 of the Gateway Pipeline Company (Koch personal protective equipment available with Commission’s Regulations under the Gateway), P.O. Box 1478, Houston, TX their unit. Natural Gas Act (18 CFR 157.205, 77251–1478, filed in Docket No. CP97– (E) Know how to implement basic 157.212) for authorization to construct 613–000 a request pursuant to Sections decontamination procedures. and operate a delivery point in 157.205 and 157.211 of the (F) Understand the relevant standard operating procedures and termination Hillsborough County, Florida under Commission’s Regulations under the procedures. FGT’s blanket certificate issued in Natural Gas Act (18 CFR 157.205, (29 CFR 1910.120(q)(6)(ii)(A)). Docket No. CP82–553–000 pursuant to 157.211) for authorization to operate as 5. Train-the-Trainer training means Section 7 of the Natural Gas Act, all as a jurisdictional facility, a 2-inch tap training for individuals so that they can teach more fully set forth in the request that placed in service under Section 311 of other emergency responders to respond to a is on file with the Commission and open the Natural Gas Policy Act and Section particular level of competency. to public inspection. 284.3(c) of the Commission’s 6. Hazardous materials technician level FGT proposes to construct, operate regulations. Koch Gateway makes such training is training for individuals who and own an additional delivery point request under Koch Gateway’s blanket respond to releases or potential releases for the purpose of stopping the release. They for Chesapeake Utilities Corporation certificate issued in Docket No. CP82– assume a more aggressive role than a first (Chesapeake) at or near mile post 19.1 430–000 pursuant to Section 7 of the responder at the operations level in that they on its existing St. Petersburg/Sarasota Natural Gas Act, all as more fully set will approach the point of release in order to Connector in Hillsborough County, forth in the request that is on file with plug, patch or otherwise stop the release of Florida. FGT states that the subject the Commission and open to public a hazardous substance. Hazardous materials delivery point will include a tap, minor inspection. technicians shall have received at least 24 connecting pipe, electronic flow Koch Gateway states that the hours of training equal to the first responder measurement equipment, and any other proposed certification of facilities will operations level and in addition have related appurtenant facilities necessary enable Koch Gateway to provide competency in the following areas, and the employer shall so certify: for FGT to deliver up to 1,000 MMBtu transportation services under its blanket (A) Know how to implement the per hour to Chesapeake. Chesapeake transportation certificate through a tap employer’s emergency response plan. will reimburse FGT for the $67,000 serving Trans-Louisiana Gas Company, (B) Know the classification, identification estimated construction costs. FGT an intrastate pipeline company, in and verification of known and unknown further states that Chesapeake will Lafayette Parish, Louisiana. 38286 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Any person or the Commission’s staff alternatively, purchase the production DEPARTMENT OF ENERGY may, within 45 days after issuance of from wells along the system. Federal Energy Regulatory the instant notice by the Commission, Applicant states that the regulatory Commission file pursuant to Rule 214 of the status of the Hooker Gathering System Commission’s Procedural Rules (18 CFR was thoroughly reviewed by the [Docket No. ER97±2128±001] 385.214) a motion to intervene or notice Commission in its order issued in of intervention and pursuant to Section Ohio Valley Electric Corporation; Docket No. CP93–500–000.1 In that 157.205 of the Regulations under the Notice of Filing Natural Gas Act (18 CFR 157.205) a order, the Commission also stated that protest to the request. If no protest is Applicant must apply for abandonment July 9, 1997. filed within the time allowed therefor, authority if it seeks to sell its Take notice that Ohio Valley Electric the proposed activity shall be deemed to certificated facilities at a future time. Corporation on June 16, 1997, tendered be authorized effective the day after the Any person desiring to be heard or to for filing its refund report in the above- time allowed for filing a protest. If a make any protest with reference to said referenced docket. Any person desiring to be heard or to protest is filed and not withdrawn application should on or before August protest said filing should file a motion within 30 days after the time allowed 1, 1997, file with the Federal Energy for filing a protest, the instant request to intervene or protest with the Federal Regulatory Commission, Washington, Energy Regulatory Commission, 888 shall be treated as an application for DC 20426, a petition to intervene or a First Street, NE., Washington, DC 20426 authorization pursuant to Section 7 of protest in accordance with the in accordance with Rules 211 and 214 the Natural Gas Act. requirements of the Commission’s Rules of the Commission’s Rules of Practice Linwood A. Watson, Jr., of Practice and Procedure (18 CFR and Procedure (18 CFR 385.211 and 18 Acting Secretary. 385.214 or 385.211) and the Regulations CFR 385.214). All such motions or [FR Doc. 97–18768 Filed 7–16–97; 8:45 am] under the Natural Gas Act (18 CFR protests should be filed on or before July BILLING CODE 6717±01±M 157.10). All protests filed with the 22, 1997. Protests will be considered by Commission will be considered by it in the Commission in determining the determining the appropriate action to be appropriate action to be taken, but will DEPARTMENT OF ENERGY taken but will not serve to make the not serve to make protestants parties to the proceeding. Any person wishing to Federal Energy Regulatory protestants parties to the proceeding. become a party must file a motion to Commission Any person wishing to become a party to a proceeding or to participate as a intervene. Copies of this filing are on [Docket No. CP97±623±000] party in any hearing therein must file a file with the Commission and are petition to intervene in accordance with available for public inspection. Natural Gas Pipeline Company of the Commission’s Rules. Linwood A. Watson, Jr., America; Notice of Application Take further notice that, pursuant to Acting Secretary. July 11, 1997. the authority contained in and subject to [FR Doc. 97–18778 Filed 7–16–97; 8:45 am] Take notice that on July 8, 1997, the jurisdiction conferred upon the BILLING CODE 6717±01±M Natural Gas Pipeline Company of Federal Energy Regulatory Commission America (Applicant), 701 East 22nd by Sections 7 and 15 of the Natural Gas DEPARTMENT OF ENERGY Street, Lombard, Illinois 60148, filed an Act and the Commission’s Rules of application pursuant to Section 7(b) of Practice and Procedure, a hearing will Federal Energy Regulatory the Natural Gas Act (NGA) and Part 157 be held without further notice before the Commission of the Commission’s Regulations Commission or its designee on this [Docket No. QF92±156±003] thereunder for an order granting application if no petition to intervene is permission and approval to abandon, in filed within the time required herein, if Pasco Cogen, Ltd.; Notice of place, by sale to Timberland Gathering the Commission on its own review of Application for Commission and Processing Company, Inc. the matter finds that a grant of the Recertification of Qualifying Status of (Timberland), certain facilities located certificate is required by the public a Cogeneration Facility near the town of Hooker, Texas County, convenience and necessity. If a petition Oklahoma, all as more fully set forth in for leave is timely filed, or if the July 11, 1997. the application on file with the Commission on its own motion believes On July 2, 1997, Pasco Cogen, Ltd. Commission and open to public that a formal hearing is required, further (Pasco), P.O. Box 111, Tampa, Florida inspection. notice of such hearing will be duly 33601 submitted for filing an Applicant proposes to abandon its given. application for Commission Compressor Station No. 101, 2,948 feet recertification as a qualifying or 20/26-inch lateral, 4,748 feet of 20- Under the procedure provided for, cogeneration facility (QF) pursuant to inch lateral, and various other facilities unless otherwise advised, it will be section 292.207(b) of the Commission’s within its Hooker Gathering System. unnecessary for Applicant to appear or Regulations. No determination has been The facilities for which Applicant is be represented at the hearing. made that the submittal constitutes a seeking abandonment authority, along Linwood A. Watson, Jr., complete filing. with many uncertificated facilities, Acting Secretary. According to the applicant, the 109 make up what is generally described as [FR Doc. 97–18770 Filed 7–16–97; 8:45 am] MW, natural gas-fired combined-cycle Applicant’s Hooker Gathering System. cogeneration facility is located in Dade BILLING CODE 6717±01±M Applicant has agreed to sell the entire City, Florida. Steam recovered from the gathering system to Timberland, which facility is used in the production of fruit 1 See, 68 FERC ¶ 61,339 at 62,359 (‘‘The record in will continue to perform gathering this case supports a conclusion that the facilities juice concentrate by Lykes Pasco, Inc. service for the few customers now being (certificated and uncertificated) continue to Power from the facility was certified as served on the system by Applicant, or function primarily as gathering facilities.’’) a QF Docket No. QF92–156–000 [60 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38287

FERC ¶ 62,247 (1992)], and recertified and Procedure (18 CFR 385.211 and 18 of the Federal Energy Regulatory in Docket QF92–156–001 [70 FERC ¶ CFR 385.214). All such motions or Commission’s Order Conditionally 62,100 (1995)]. Pasco filed a notice of protests should be filed on or before July Accepting for Filing Proposed Market- self recertification in Docket No. QF92– 22, 1997. Protests will be considered by Based Rates dated June 12, 1997, DePere 156–002. According to the applicant, the Commission in determining the Energy Marketing, Inc. (DePere) the instant recertification is requested in appropriate action to be taken, but will tendered for filing, pursuant to Rule contemplation of changes in the not serve to make protestants parties to 1907, 18 CFR 385.1907, a revised Code ownership of the facility. the proceeding. Any person wishing to of Conduct Regarding the Relationship Any person who wishes to be heard become a party must file a motion to between GPU, Inc. and its Affiliates and or to object to granting qualifying status intervene. Copies of this filing are on Polsky Energy Corporation and its should file a motion to intervene or file with the Commission and are Affiliates. protest with the Federal Energy available for public inspection. Comment date: July 24, 1997, in Regulatory Commission, 888 First Linwood A. Watson, Jr., accordance with Standard Paragraph E Street, NW., Washington, DC 20426, in Acting Secretary. at the end of this notice. accordance with rules 211 and 214 of [FR Doc. 97–18767 Filed 7–16–97; 8:45 am] 4. New York State Electric & Gas the Commission’s Rules of Practice and Corporation Procedure. A motion or protest must be BILLING CODE 6717±01±M filed within 15 days after the date of [Docket No. ER97–2935–000] publication of this notice and must be DEPARTMENT OF ENERGY Take notice that New York State served on the applicant. Protests will be Electric & Gas Corporation (NYSEG) on considered by the Commission in FEDERAL ENERGY REGULATORY July 1, 1997 tendered for filing pursuant determining the appropriate action to be COMMISSION to Part 35 of the Federal Energy taken but will not serve to make Regulatory Commission’s Rules of protestants parties to the proceeding. A [Docket No. ER97±137±001, et al.] Practice and Procedure, 18 CFR 35, an person who wishes to become a party amendment (Amendment) to service Deseret Generation & Transmission must file a motion to intervene. Copies agreements under which NYSEG will Cooperative, et al., Electric Rate and of these filings are on file with the provide capacity and/or energy to Corporate Regulation Filings Commission and are available for public Aquila Power Corporation (Aquila), inspection. July 10, 1997. Maine Public Service Company (MPS), Linwood A. Watson, Jr., Take notice that the following filings North American Energy Conservation, Acting Secretary. have been made with the Commission: Inc. (North American), and Southern [FR Doc. 97–18777 Filed 7–16–97; 8:45 am] Energy Trading and Marketing, Inc. 1. Deseret Generation & Transmission BILLING CODE 6717±01±M (Southern) in accordance with the Cooperative NYSEG market-based, power sales tariff [Docket No. ER97–137–001] (Tariff). The Tariff was accepted by the DEPARTMENT OF ENERGY Take notice that Deseret Generation & Commission on June 9, 1997 in docket ER97–2518–000. The service agreements Transmission Cooperative (Deseret) on Federal Energy Regulatory were filed on May 14, 1997 with a June 27, 1997, filed substitute copies of Commission request that the service agreements with its Power Marketing and Resource Aquila, MPS, and North American be [Docket No. ER97±3350±000] Management Service Agreement given effective dates of May 15, 1997 Between Deseret Generation & and the service agreement with PECO Energy Company; Notice of Transmission Cooperative and Southern be given an effective date of Filing PacifiCorp. April 30, 1997. Article 1, Section 1.3, of Comment date: July 24, 1997, in July 10, 1997. the service agreements contains an accordance with Standard Paragraph E Take notice that on June 16, 1997, errant reference to a provision of the at the end of this notice. PECO Energy Company (PECO) filed an Tariff. The Amendment, which is executed Service Agreement dated 2. PEC Energy Marketing, Inc. comprised of a revised Article 1, Section February 26, 1997 with Florida Power 1.3 of the service agreement, corrects [Docket No. ER97–1431–001] Corporation (FPC) under PECO’s FERC that reference. Electric Tariff Original Volume No. 1 Take notice that on June 25, 1997, in NYSEG continues to request an (Tariff). The service Agreement replaces compliance with Ordering Paragraph A effective date of May 15, 1997, for the an unexecuted Service Agreement of the Federal Energy Regulatory service agreements with Aquila, MPS, accepted for filing in Docket No. ER97– Commission’s Order Conditionally and North American and an effective 316–000. Accepting for Filing Proposed Market- date of April 30, 1997, for the service PECO requests an effective date of Based Rates dated June 12, 1997, PEC agreement with Southern. NYSEG January 1, 1997, for the Service Energy Marketing, Inc. (PEC) tendered served copies of the filing upon the New Agreement. for filing a Revised Code of Conduct York State Public Service Commission, PECO states that copies of this filing Regarding the Relationship Between Aquila, MPS, North American and have been supplied to FPC and to the GPU, Inc. and Its Affiliates and Polsky Southern. Pennsylvania Public Utility Energy Corporation and Its Affiliates. Comment date: July 24, 1997, in Commission. Comment date: July 24, 1997, in accordance with Standard Paragraph E Any person desiring to be heard or to accordance with Standard Paragraph E at the end of this notice. protest said filing should file a motion at the end of this notice. 5. New York State Electric & Gas to intervene or protest with the Federal 3. DePere Energy Marketing, Inc. Corporation Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, [Docket No. ER97–1432–001] [Docket No. ER97–3203–000] in accordance with Rules 211 and 214 Take notice that on June 25, 1997, in Take notice that New York State of the Commission’s Rules of Practice compliance with Ordering Para-graph A Electric & Gas Corporation (NYSEG) on 38288 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

July 1, 1997 tendered for filing pursuant Public), filed an executed Service this Agreement are made pursuant to to Part 35 of the Federal Energy Agreement with Northeast Energy CHG&E’s FERC Open Access Schedule, Regulatory Commission’s Rules of Services Inc (NORESCO). Original Volume No. 1 (Transmission Practice and Procedure, 18 CFR 35, an Comment date: July 24, 1997, in Tariff) filed in compliance with the amendment (Amendment) to a service accordance with Standard Paragraph E Commission’s Order No. 888 in Docket agreement under which NYSEG will at the end of this notice. No. RM95–8–000 and RM94–7–001. provide capacity and/or energy to CHG&E also has requested waiver of the 8. PECO Energy Company Engelhard Power Marketing, Inc. 60-day notice provision pursuant to 18 (Engelhard) in accordance with the [Docket No. ER97–3404–000] CFR 35.11. NYSEG market-based, power sales tariff Take notice that on June 23, 1997, A copy of this filing has been served (Tariff). The Tariff was accepted by the PECO Energy Company (PECO) filed a on the Public Service Commission of the Commission on June 9, 1997 in docket Service Agreement dated June 10, 1997, State of New York. ER97–2518–000. The service agreement with Edison Source (EDISON) under Comment date: July 24, 1997, in was filed on June 4, 1997 with a request PECO’s FERC Electric Tariff Original accordance with Standard Paragraph E that it be given an effective date of June Volume No. 1 (Tariff). The Service at the end of this notice. 5, 1997. Article 1, Section 1.3, of the Agreement adds EDISON as a customer 11. Entergy Services, Inc. service agreement contains an errant under the Tariff. [Docket No. ER97–3407–000] reference to a provision of the Tariff. PECO requests an effective date of The Amendment, which is comprised of June 10, 1997, for the Service Take notice that on June 23, 1997, a revised Article 1, Section 1.3 of the Agreement. Entergy Services, Inc. (Entergy service agreement, corrects that PECO states that copies of this filing Services), on behalf of Entergy reference. have been supplied to EDISON and to Arkansas, Inc., Entergy Gulf States, Inc., NYSEG continues to request an the Pennsylvania Public Utility Entergy Louisiana, Inc., Entergy effective date of June 5, 1997 for the Commission. Mississippi, Inc., and Entergy New service agreement. NYSEG served Comment date: July 24, 1997, in Orleans, Inc. (collectively, the Entergy copies of the filing upon the New York accordance with Standard Paragraph E Operating Companies), tendered for State Public Service Commission and at the end of this notice. filing a Non-Firm Point-To-Point Engelhard. Transmission Service Agreement 9. Central Hudson Gas & Electric Comment date: July 24, 1997, in between Entergy Services, as agent for Corporation accordance with Standard Paragraph E the Entergy Operating Companies, and at the end of this notice. [Docket No. ER97–3405–000] Aquila Power Corporation. Comment date: July 24, 1997, in 6. Niagara Mohawk Power Corporation Take notice that on June 23, 1997, accordance with Standard Paragraph E Central Hudson Gas & Electric at the end of this notice. [Docket No. ER97–3402–000] Corporation (CHG&E), tendered for Take notice that on June 23, 1997, filing pursuant to § 35.12 of the Federal 12. Entergy Services, Inc. Niagara Mohawk Power Corporation Energy Regulatory Commission’s [Docket No. ER97–3408–000] (NMPC), tendered for filing with the (Commission) Regulations in 18 CFR a Take notice that on June 23, 1997, Federal Energy Regulatory Commission Service Agreement between CHG&E and Entergy Services, Inc. (Entergy an executed Transmission Service PECO Energy Company. The terms and Services), on behalf of Entergy Agreement between NMPC and ProMark conditions of service under this Arkansas, Inc., Entergy Gulf States, Inc., Energy, Inc. This Transmission Service Agreement are made pursuant to Entergy Louisiana, Inc., Entergy Agreement specifies that ProMark CHG&E’s FERC Open Access Schedule, Mississippi, Inc., and Entergy New Energy, Inc., has signed on to and has Original Volume No. 1 (Transmission Orleans, Inc. (collectively, the Entergy agreed to the terms and conditions of Tariff) filed in compliance with the Operating Companies), tendered for NMPC’s Open Access Transmission Commission’s Order No. 888 in Docket filing a Non-Firm Point-To-Point Tariff as filed in Docket No. OA96–194– No. RM95–8–000 and RM94–7–001. Transmission Service Agreement 000. This Tariff, filed with FERC on July CHG&E also has requested waiver of the between Entergy Services, as agent for 9, 1996, will allow NMPC and ProMark 60-day notice provision pursuant to 18 the Entergy Operating Companies, and Energy, Inc., to enter into separately CFR 35.11. NIPSCO Energy Services, Inc. scheduled transactions under which A copy of this filing has been served Comment date: July 24, 1997, in NMPC will provide transmission service on the Public Service Commission of the accordance with Standard Paragraph E for ProMark Energy, Inc., as the parties State of New York. at the end of this notice. may mutually agree. Comment date: July 24, 1997, in NMPC requests an effective date of accordance with Standard Paragraph E 13. Entergy Services, Inc. June 18, 1997. NMPC has requested at the end of this notice. [Docket No. ER97–3409–000] waiver of the notice requirements for 10. Central Hudson Gas & Electric Take notice that on June 23, 1997, good cause shown. Corporation Entergy Services, Inc. (Entergy NMPC has served copies of the filing Services), on behalf of Entergy upon the New York State Public Service [Docket No. ER97–3406–000] Arkansas, Inc., Entergy Gulf States, Inc., Commission and ProMark Energy, Inc. Take notice that on June 23, 1997, Entergy Louisiana, Inc., Entergy Comment date: July 24, 1997, in Central Hudson Gas & Electric Mississippi, Inc., and Entergy New accordance with Standard Paragraph E Corporation (CHG&E), tendered for Orleans, Inc. (collectively, the Entergy at the end of this notice. filing pursuant to § 35.12 of the Federal Operating Companies), tendered for 7. Maine Public Service Company Energy Regulatory Commission’s filing a Non-Firm Point-To-Point (Commission) Regulations in 18 CFR a Transmission Service Agreement [Docket No. ER97–3403–000] Service Agreement between CHG&E and between Entergy Services, as agent for Take notice that on June 23, 1997, Entergy Power Marketing Corp. The the Entergy Operating Companies, and Maine Public Service Company (Maine terms and conditions of service under PECO Energy Company—Power Team. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38289

Comment date: July 24, 1997, in Comment date: July 24, 1997, in Comment date: July 24, 1997, 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. 14. Entergy Services, Inc. 18. Cinergy Services, Inc. 22. LG&E Energy Marketing, Inc. [Docket No. ER97–3410–000] [Docket No. ER97–3414–000] [Docket No. ER97–3418–000] Take notice that on June 23, 1997, Take notice that on June 24, 1997, Take notice that on June 24, 1997, Entergy Services, Inc. (Entergy Cinergy Services, Inc. (Cinergy), LG&E Energy Marketing, Inc. tendered Services), on behalf of Entergy tendered for filing a service agreement for filing a letter stating that effective Arkansas, Inc., Entergy Gulf States, Inc., under Cinergy’s Open access June 24, 1997, LG&E Power Marketing, Entergy Louisiana, Inc., Entergy Transmission Service Tariff (the Tariff) Inc. has changed its name to LG&E Mississippi, Inc., and Entergy New entered into between Cinergy and LG&E Energy Marketing, Inc. Orleans, Inc. (collectively, the Entergy Power Marketing, Inc. (LG&E). Comment date: July 24, 1997, in Operating Companies), tendered for Cinergy and LG&E are requesting an accordance with Standard Paragraph E filing a Non-Firm Point-To-Point Effective date of June 1, 1997. at the end of this notice. Comment date: July 24, 1997, in Transmission Service Agreement accordance with Standard Paragraph E 23. Northern States Power Company between Entergy Services, as agent for at the end of this notice. (Minnesota Company) the Entergy Operating Companies, and [Docket No. ER97–3419–000] ConAgra Energy Services, Inc. 19. Additional Signatory to PJM Take notice that on June 24, 1997, Comment date: July 24, 1997, in Interconnection, L.L.C. Operating Northern States Power Company accordance with Standard Paragraph E Agreement (Minnesota) (NSP), tendered for filing at the end of this notice. [Docket No. ER97–3415–000] Amendment #1 to the Interconnection 15. Madison Gas and Electric Company Take notice that on June 24, 1997, the and Interchange Agreement between PJM Interconnection, L.L.C. (PJM) filed, Minnesota Municipal Power Agency [Docket No. ER97–3411–000] on behalf of the Members of the LLC, (MMPA) and Northern States Power Take notice that on June 24, 1997, membership application of LG&E Power Company (Minnesota) (NSP). This Madison Gas and Electric Company Marketing Inc. PJM requests an effective amendment incorporates the new point (MGE), tendered for filing a service date of June 24, 1997. of interconnection, point of interchange agreement with Aquila Power Comment date: July 24, 1997, in and the metering for the new Shakopee Corporation, Duke/Louis Dreyfus L.L.C., accordance with Standard Paragraph E South Substation, which will go into and Illinois Power Company under at the end of this notice. service on June 27, 1997. MGE’s Power Sales Tariff. MGE requests 20. Global Energy and Technology, Inc. NSP requests that the Commission an effective date 60 days from the filing accept the agreement effective June 25, date. [Docket No. ER97–3416–000] 1997, and requests waiver of the Comment date: July 24, 1997, in Take notice that on June 24, 1997, Commission’s notice requirements in accordance with Standard Paragraph E Global Energy and Technology, Inc. order for the revisions to be accepted for at the end of this notice. tendered for filing a Petition for filing on the date requested. Acceptance of Initial Rate Schedule, Comment date: July 24, 1997, in 16. Madison Gas and Electric Company Waivers and Blanket Authority. accordance with Standard Paragraph E [Docket No. ER97–3412–000] Comment date: July 24, 1997, in at the end of this notice. accordance with Standard Paragraph E Take notice that on June 24, 1997, 24. Florida Power & Light Company Madison Gas and Electric Company at the end of this notice. [Docket No. ER97–3420–000] (MGE), tendered for filing a service 21. Orange and Rockland Utilities, Inc. Take notice that on June 24, 1997, agreement with Sonat Power Marketing [Docket No. ER97–3417–000] L.P. under MGE’s Power Sales Tariff. Florida Power & Light Company (FPL), Take notice that on June 24, 1997, MGE requests an effective date 60 days tendered for filing proposed service Orange and Rockland Utilities, Inc. from the filing date. agreements with Vitol Gas & Electric (Orange and Rockland) filed Service Comment date: July 24, 1997, in LLC for Short-Term Firm and Non-Firm Agreements between Orange and transmission service under FPL’s Open accordance with Standard Paragraph E Rockland and the Electric Commodity at the end of this notice. Access Transmission Tariff. Marketing Department of Orange and FPL requests that the proposed 17. Central Illinois Public Service Rockland Utilities, Inc. and the Energy service agreements be permitted to Company Resources Department of Orange and become effective on July 1, 1997. Rockland Utilities, Inc. (Customers). FPL states that this filing is in [Docket No. ER97–3413–000] These Service Agreements specify that accordance with Part 35 of the Take notice that on June 24, 1997, the Customers have agreed to the rates, Commission’s Regulations. Central Illinois Public Service terms and conditions of Orange and Comment date: July 24, 1997, in Commission (CIPS), tendered for filing Rockland Open Access Transmission accordance with Standard Paragraph E revised tariff sheets to provide a rate Tariff filed on July 9, 1996 in Docket No. at the end of this notice. decrease to Norris Electric Cooperative OA96–210–000. 25. Tucson Electric Power Company (Norris). Orange and Rockland requests waiver CIPS requests that the tariff sheets be of the Commission’s sixty-day notice [Docket No. ER97–3486–000] accepted to become effective July 1, requirements and an effective date of Take notice that on June 27, 1997, 1997. Accordingly, CIPS asks for waiver May 1, 1997 for the Service Agreements. Tucson Electric Power Company (TEP) of the Commission’s notice Orange and Rockland has served copies tendered for filing the following requirements. Copies of the filing were of the filing on The New York State agreements for the provision of electric served upon Norris and the Illinois Public Service Commission and on the service to the Navajo Tribal Utility Commerce Commission. Customers. Authority (NTUA). 38290 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

1. Amended and Restated Wholesale a modification to the form of service Commission (Commission) regulations, Power Supply Agreement between TEP agreement for firm point-to-point 18 CFR Part 380 (Order 486, 52 FR and NTUA dated June 25, 1997 (Power transmission service. 47897), the Office of Hydropower Supply Agreement). Copies of this filing were supplied to Licensing has reviewed an exemption 2. Service Agreement for Network the Washington Utilities and surrender application for the Canal Integration Transmission Service. Transportation Commission and the Creek Project, FERC No. 5572–006. The 3. Network Operating Agreement. Public Utility Commission of Oregon. Canal Creek Project is located on the TEP requests waiver of notice to A copy of this filing may be obtained Wallowa Valley Improvement District permit all of the agreements to become from PacifiCorp’s Regulatory irrigation canal in Wallowa County, effective as of July 1, 1997. Administration Department’s Bulletin Oregon. An Environmental Assessment Comment date: July 24, 1997, in Board System through a personal (EA) was prepared for the application. accordance with Standard Paragraph E computer by calling (503) 464–6122 The EA finds that approving the at the end of this notice. (9600 baud, 8 bits, no parity, 1 stop bit). application would not constitute a Comment date: July 30, 1997, in major federal action significantly 26. California Power Services accordance with Standard Paragraph E affecting the quality of the human [Docket No. ER97–3525–000] at the end of this notice. environment. Take notice that on June 27, 1997, 30. Texas-New Mexico Power Company California Power Services tendered for Copies of the EA are available for filing an application for order approving [Docket No. OA97–609–000] review in the Commission Reference initial rate schedule and granting certain Take notice that on July 3, 1997, and Information Center, Room 2–A, 888 waivers and blanket authority. Texas-New Mexico Power Company First Street NE., Washington, DC 20426. Comment date: July 24, 1997, in tendered for filing certain revised tariff Additional information can be obtained accordance with Standard Paragraph E sheets in compliance with the by calling Jim Hastreiter at (503) 326– at the end of this notice. Commission’s Order No. 888–A. 5858, ext. 225. Comment date: August 1, 1997, in Linwood A. Watson, Jr., 27. PJM Interconnection, L.L.C. accordance with Standard Paragraph E Acting Secretary. at the end of this notice. [Docket No. ER97–3531–000] [FR Doc. 97–18772 Filed 7–16–97; 8:45 am] Take notice that on June 27, 1997, Standard Paragraph BILLING CODE 6717±01±M PJM Interconnection, L.L.C. (PJM) E. Any person desiring to be heard or tendered for filing an Emergency to protest said filing should file a Reliability Service Agreement between motion to intervene or protest with the DEPARTMENT OF ENERGY PJM and the New England Power Pool Federal Energy Regulatory Commission, (NEPOOL). PJM requests an effective 888 First Street, NE., Washington, DC Federal Energy Regulatory date of June 28, 1997. 20426, in accordance with Rules 211 Commission Copies of this filing were served upon and 214 of the Commission’s Rules of NEPOOL and the state commissions in Practice and Procedure (18 CFR 385.211 Project No. 5573±006 the NEPOOL and PJM regions. and 18 CFR 385.214). All such motions Comment date: July 24, 1997, in or protests should be filed on or before Joseph Hydro Company, Inc.; Notice of accordance with Standard Paragraph E the comment date. Protests will be Availability of Environmental at the end of this notice. considered by the Commission in Assessment 28. Sierra Pacific Power Company determining the appropriate action to be taken, but will not serve to make July 11, 1997. [Docket No. OA97–605–000] protestants parties to the proceeding. In accordance with the National Take notice that on June 25, 1997, Any person wishing to become a party Environmental Policy Act of 1969 and Sierra Pacific Power Company (Sierra must file a motion to intervene. Copies the Federal Energy Regulatory Pacific) filed revised open-access tariff of this filing are on file with the Commission (Commission) regulations, sheets required to conform Sierra Commission and are available for public 18 CFR Part 380 (Order 486, 52 FR Pacific’s open-access tariff (FERC inspection. 47897), the Office of Hydropower Original Vol. No. 3) with Order 888–A. Linwood A. Watson, Jr., Licensing has reviewed an exemption In accordance with Order No. 888–A, Acting Secretary. surrender application for the Upper Sierra Pacific proposes an effective date Little Sheep Creek Project, FERC No. of May 13, 1997 for these revised tariff [FR Doc. 97–18766 Filed 7–16–97; 8:45 am] 5573–006. Upper Little Sheep Creek sheets. BILLING CODE 6717±01±P Project is located on Big Sheep Creek, Comment date: July 30, 1997, in Little Sheep Creek, and the Wallowa accordance with Standard Paragraph E DEPARTMENT OF ENERGY at the end of this notice. Valley Improvement District irrigation canal in Wallowa County, Oregon. An 29. PacifiCorp Federal Energy Regulatory Environmental Assessment (EA) was Commission [Docket No. OA97–607–000] prepared for the application. The EA Take notice that PacifiCorp on June [Project No. 5572±006] finds that approving the application would not constitute a major federal 30, 1997, tendered for filing in Joseph Hydro Company, Inc.; Notice of accordance with 18 CFR 35 of the action significantly affecting the quality Availability of Environmental of the human environment. Commission’s Rules and Regulations, Assessment PacifiCorp’s FERC Electric Tariff, First Copies of the EA are available for Revised Volume No. 11, Pro Forma July 11, 1997. review in the Commission Reference Open Access Transmission Tariff, In accordance with the National and Information Center, Room 2–A, 888 incorporating the revisions required by Environmental Policy Act of 1969 and First Street NE., Washington, DC 20426. the Commission’s Order No. 888–A and the Federal Energy Regulatory Additional information can be obtained Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38291 by calling Jim Hastreiter at (503) 326– DEPARTMENT OF ENERGY on or before the specified comment date 5858, ext. 225. for the particular application. Linwood A. Watson, Jr., Federal Energy Regulatory Commission C1. Filing and Service of Responsive Acting Secretary. Documents [FR Doc. 97–18773 Filed 7–16–97; 8:45 am] Notice of Non-Project Use of Project Any filings must bear in all capital BILLING CODE 6717±01±M Lands and Waters letters the title ‘‘COMMENTS’’, ‘‘RECOMMENDATIONS FOR TERMS July 11, 1997. AND CONDITIONS’’, ‘‘PROTEST’’, OR DEPARTMENT OF ENERGY Take notice that the following ‘‘MOTION TO INTERVENE’’, as hydroelectric application has been filed applicable, and the Project Number of Federal Energy Regulatory with the Commission and is available the particular application to which the Commission for public inspection: filing refers. Any of the above-named a. Type of Application: Non-Project documents must be filed by providing [Project No. 6621±006] Use of Project Lands and Waters. the original and the number of copies b. Project Name: Catawba-Wateree provided by the Commission’s Joseph Hydro Company, Inc.; Notice of Project. regulations to: The Secretary, Federal Availability of Environmental c. Project No.: FERC Project No. 2232– Energy Regulatory Commission, 888 Assessment 347. First Street, NE., Washington, DC 20426. d. Date Filed: June 3, 1997. A copy of any motion to intervene must July 11, 1997. e. Applicant: Duke Power Company. also be served upon each representative f. Location: Mecklenburg County, In accordance with the National of the Applicant specified in the North Carolina, Sawyer Cove Environmental Policy Act of 1969 and particular application. Subdivision, Lake Norman near the Federal Energy Regulatory Cornelius, N.C. D2. Agency Comments Commission (Commission) regulations, g. Filed pursuant to: Federal Power 18 CFR Part 380 (Order 486, 52 FR Federal, state, and local agencies are Act, 16 U.S.C. § 791(a) 825(r). invited to file comments on the 47897), the Office of Hydropower h. Applicant Contact: Mr. E.M. described application. A copy of the Licensing has reviewed an exemption Oakley, Duke Power Company, P.O. Box application may be obtained by agencies surrender application for the Ferguson 1006 (EC12Y), Charlotte, NC 28201– directly from the Applicant. If an agency Ridge Project, FERC No. 6621–006. The 1006, (704) 382–5778. does not file comments within the time Ferguson Ridge Project is located on the i. FERC Contact: Brian Romanek, specified for filing comments, it will be Wallowa Valley Improvement District (202) 219–3076. presumed to have no comments. One irrigation canal in Wallowa County, j. Comment Date: September 2, 1997. copy of an agency’s comments must also Oregon. An Environmental Assessment k. Description of the filing: Duke be sent to the Applicant’s (EA) was prepared for the application. Power Company proposes to grant an representatives. The EA finds that approving the easement of 0.37 acre of project land to Linwood A. Watson, Jr., application would not constitute a the Sawyer’s Cove Boat Slip Association Acting Secretary. to dredge and construct a private major federal action significantly [FR Doc. 97–18771 Filed 7–16–97; 8:45 am] residential marina. The proposed affecting the quality of the human BILLING CODE 6717±01±M environment. marina would provide access to the reservoir for residents of the Sawyer Copies of the EA are available for Cove Subdivision and would consist of DEPARTMENT OF ENERGY review in the Commission Reference one access ramp and 12 floating boat and Information Center, Room 2–A, 888 slips. The slips would be anchored by Federal Energy Regulatory First Street NE., Washington, DC 20426. using self-driving piles. To improve Commission Please submit any comments within water depth for boat access at this 15 days from the date of this notice. Any facility, approximately 5,000 cubic Notice of Application for Preliminary comments, conclusions, or yards of sediment would be dredged Permit from a 20,000 square foot area. recommendations that draw upon July 11, 1997. 1. This notice also consists of the studies, reports or other working papers Take notice that the following following standard paragraphs: B, C1, or substance should be supported by hydroelectric application has been filed D2. appropriate documentation. with the Commission and is available Comments should be addressed to B. Comments, Protests, or Motions To for public inspection: Lois D. Cashell, Secretary, Federal Intervene a. Type of Application: Preliminary Energy Regulatory Commission, 888 Anyone may submit comments, a Permit. b. Project No.: 11602–000. First Street, NE., Washington, DC 20426. protest, or a motion to intervene in Please affix Project No. 6621–006 to all c. Date filed: March 24, 1996. accordance with the requirements of d. Applicant: Bitterroot Management comments. Further information can be Rules of Practice and Procedure, 18 CFR Corporation. obtained by calling Jim Hastreiter at 385.210, .211, .214. In determining the e. Name of Project; Sherman Project. (503) 326–5858, ext. 225. appropriate action to take, the f. Location: On the Columbia River, in Linwood A. Watson, Jr., Commission will consider all protests or Sherman County, Oregon. Acting Secretary. other comments filed, but only those g. Filed Pursuant to: Federal Power [FR Doc. 97–18774 Filed 7–16–97; 8:45 am] who file a motion to intervene in Act, 16 U.S.C. 791(a)–825(r). accordance with the Commission’s h. Applicant Contact: Mr. Mark C. BILLING CODE 6717±01±M Rules may become a party to the Steinly, Bitterroot Management proceeding. Any comments, protests, or Corporation, 501 North 900 East, Provo, motions to intervene must be received Utah 84606, (801) 374–8709. 38292 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

i. FERC Contact: Mr. Robert Bell, does not authorize construction. The be sent to the Applicant’s (202) 219–2806. term of the proposed preliminary permit representatives. j. Comment Date: September 10, 1997. would be 36 months. The work Linwood A. Watson, Jr., k. Description of Project: The proposed under the preliminary permit Acting Secretary. proposed project, utilizing the existing would include economic analysis, [FR Doc. 97–18775 Filed 7–16–97; 8:45 am] U.S. Army Corps of Engineers John Day preparation of preliminary engineering BILLING CODE 6717±01±M Lock and Dam, would consist of: (1) plans, and a study of environmental Intake structure located on the screened impacts. Based on the results of these excess pipe of the John Day Juvenile studies, the Applicant would decide DEPARTMENT OF ENERGY Fish Sampling and Monitoring Facility; (2) a powerhouse containing a whether to proceed with the preparation of a development application to Federal Energy Regulatory generating unit having an installed Commission capacity of 3.6 MW; (3) a tailrace; (4) a construct and operate the project. 13.2-kV transmission line connecting B. Comments, Protests, or Motions to Notice of Application for Preliminary the project to the distribution system of Intervene—Anyone may submit Permit a local utility; and (6) other comments, a protest, or a motion to appurtenances. intervene in accordance with the July 11, 1997. l. This notice also consists of the requirements of Rules of Practice and Take notice that the following hydroelectric application has been filed following standard paragraphs: A5, A7, Procedure, 18 CFR 385.210, .211, .214. with the Commission and is available A9, A10, B, C, and D2. In determining the appropriate action to A5. Preliminary Permit—Anyone for public inspection: take, the Commission will consider all desiring to file a competing application a. Type of Application: Preliminary for preliminary permit for a proposed protests or other comments filed, but Permit. project must submit the competing only those who file a motion to b. Project No.: 11604–000. application itself, or a notice of intent to intervene in accordance with the c. Date filed: May 1, 1997. file such an application, to the Commission’s Rules may become a d. Applicant: San Diego County Water Commission on or before the specified party to the proceeding. Any comments, Authority. comment date for the particular protests, or motions to intervene must e. Name of Project: Olivenhain/Lake application (see 18 CFR 4.36). be received on or before the specified Hodges Pumped-Storage Project. Submission of a timely notice of intent comment date for the particular f. Location: Lake Hodges on the San allows an interested person to file the application. Dieguito River, in San Diego County, competing preliminary permit C. Filing and Service of Responsive CA. application no later than 30 days after Documents—Any filings must bear in g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)–825(r), the specified comment date for the all capital letters the title h. Applicant Contact: Mr. Kenneth A. particular application. A competing ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Steele, San Diego County Authority, preliminary permit application must TO FILE COMPETING APPLICATION’’, conform with 18 CFR 4.30(b) and 4.36. 3211 Fifth Avenue, San Diego, CA A7. Preliminary Permit—Any ‘‘COMPETING APPLICATION’’, 84606, (619) 682–4135. qualified development applicant ‘‘PROTEST’’, ‘‘MOTION TO i. FERC Contact: Mr. Robert Bell, desiring to file a competing INTERVENE’’, as applicable, and the (202) 219–2806. development application must submit to Project Number of the particular j. Comment Date: September 10, 1997. the Commission, on or before a application to which the filing refers. k. Description of Project: The specified comment date for the Any of the above-named documents proposed pumped storage project would particular application, either a must be filed by providing the original consist of: (1) The 320-foot-high competing development application or a and the number of copies provided by Olivenhain Dam forming a 200-acre notice of intent to file such an the Commission’s regulations to: The upper reservoir; (2) a 4,000-foot-long application. Submission of a timely Secretary, Federal Energy Regulatory water conveyance system, including notice of intent to file a development Commission, 888 First Street, NE., tunnels, penstocks, and a vertical shaft; application allows an interested person Washington, DC 20426. An additional (3) a powerhouse containing four to file the competing application no copy must be sent to Director, Division generating units with a total installed later than 120 days after the specified of Project Review, Federal Energy capacity of 500 MW; (4) the City of San comment date for the particular Regulatory Commission, at the above- Diego’s existing 130-foot-high Lake application. A competing license mentioned address. A copy of any Hodges Dam and 1,200-acre Lake application must conform with 18 CFR notice of intent, competing application Hodges Reservoir serving as a lower 4.30(b) and 4.36. or motion to intervene must also be reservoir; (5) a 3.3-mile-long A9. Notice of Intent—A notice of served upon each representative of the transmission line and (6) appurtenant intent must specify the exact name, Applicant specified in the particular facilities. business address, and telephone number application. 1. This notice also consists of the of the prospective applicant, and must following standard paragraphs: A5, A7, include an unequivocal statement of D2. Agency Comments—Federal, A9, A10, B, C, and D2. intent to submit, if such an application state, and local agencies are invited to A5. Preliminary Permit—Anyone may be filed, either a preliminary file comments on the described desiring to file a competing application permit application or a development application. A copy of the application for preliminary permit for a proposed application (specify which type of may be obtained by agencies directly project must submit the competing application). A notice of intent must be from the Applicant. If an agency does application itself, or a notice of intent to served on the applicant(s) named in this not file comments within the time file such an application, to the public notice. specified for filing comments, it will be Commission on or before the specified A10. Proposed Scope of Studies under presumed to have no comments. One comment date for the particular Permit—A preliminary permit, if issued, copy of an agency’s comments must also application (see 18 CFR 4.36). Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38293

Submission of a timely notice of intent C. Filing and Service of Responsive seven state air pollution control allows an interested person to file the Documents—Any filings must bear in programs (Alabama Department of competing preliminary permit all capital letters the title Environmental Management, Florida application no later than 30 days after ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Department of Environmental the specified comment date for the TO FILE COMPETING APPLICATION’’, Protection, Kentucky Department for particular application. A competing ‘‘COMPETING APPLICATION’’, Environmental Protection, Mississippi preliminary permit application must ‘‘PROTEST’’, ‘‘MOTION TO Bureau of Pollution Control, North conform with 18 CFR 4.30(b) and 4.36. INTERVENE’’, as applicable, and the Carolina Department of Environment, A7. Preliminary Permit—Any Project Number of the particular Health, and Natural Resources, South qualified development applicant application to which the filing refers. Carolina Department of Health and desiring to file a competing Any of the above-named documents development application must submit to Environmental Control and Tennessee must be filed by providing the original Department of Conservation and the Commission, on or before a and the number of copies provided by Environment), and 16 local programs specified comment date for the the Commission’s regulations to: The (Knox County Department of Air particular application, either a Secretary, Federal Energy Regulatory competing development application or a Commission, 888 First Street, NE., Pollution Control, Tn—Chattanooga- notice of intent to file such an Washington, DC 20426. An additional Hamilton County Air Pollution Control application. Submission of a timely copy must be sent to Director, Division Bureau, Tn—Memphis-Shelby County notice of intent to file a development of Project Review, Federal Energy Health Department, Tn—Nashville- application allows an interested person Regulatory Commission, at the above- Davidson County Metropolitan Health to file the competing application no mentioned address. A copy of any Department, Tn—Jefferson County Air later than 120 days after the specified notice of intent, competing application Pollution Control District, Ky—Western comment date for the particular or motion to intervene must also be North Carolina Regional Air Pollution application. A competing license served upon each representative of the Control Agency, NC—Mecklenburg application must conform with 18 CFR Applicant specified in the particular County Department of Environmental 4.30(b) and 4.36. application. Protection, NC—Forsyth County A9. Notice of intent—A notice of D2. Agency Comments—Federal, Environmental Affairs Department, intent must specify the exact name, state, and local agencies are invited to NC—Palm Beach County Public Health business address, and telephone number file comments on the described Unit, Fl—Hillsborough County of the prospective applicant, and must application. A copy of the application include an unequivocal statement of Environmental Protection Commission, may be obtained by agencies directly Fl—Dade County Environmental intent to submit, if such an application from the Applicant. If an agency does may be filed, either a preliminary Resources Management, Fl— not file comments within the time Jacksonville Air Quality Division, Fl— permit application or a development specified for filing comments, it will be application (specify which type of Broward County Environmental Quality presumed to have no comments. One application). A notice of intent must be Control Board, Fl—Pinellas County copy of an agency’s comments must also served on the applicant(s) named in this Department of Environmental be sent to the Applicant’s public notice. Management, Fl—City of Huntsville representatives. A10. Proposed Scope of Studies under Department of Natural Resources, Al— Permit preliminary permit, if issued, Linwood A. Watson, Jr. Jefferson County Department of Health, does not authorize construction. The Acting Secretary. Al). The State of Georgia’s evaluation term of the proposed preliminary permit [FR Doc. 97–18776 Filed 7–16–97; 8:45 am] will be made available for public review would be 36 months. The work BILLING CODE 6717±01±M at a later date. These audits were proposed under the preliminary permit conducted to assess the agencies’ would include economic analysis, performance under the grants made to preparation of preliminary engineering ENVIRONMENTAL PROTECTION them by EPA pursuant to section 105 of plans, and a study of environmental AGENCY the Clean Air Act. EPA Region 4, has impacts. Based on the results of these prepared reports for the twenty-three studies, the Applicant would decide [FRL±5859±2] agencies identified above and these 105 whether to proceed with the preparation Availability of FY 96 Grant of a development application to reports are now available for public Performance Reports for Alabama, inspection. construct and operate the project. Florida, Kentucky, Mississippi, North B. Comments, Protests, or Motions to Carolina, South Carolina, and ADDRESSES: The reports may be Intervene—Anyone may submit Tennessee examined at the EPA’s Region 4 office, comments, a protest, or a motion to 61 Forsyth Street, SW, Atlanta, Georgia intervene in accordance with the AGENCY: Environmental Protection 30303, in the Air, Pesticides, and Toxics requirements of Rules of Practice and Agency (EPA). Management Division. Procedure, 18 CFR 385.210, .211, .214. ACTION: Notice of availability of grantee In determining the appropriate action to performance evaluation reports. FOR FURTHER INFORMATION CONTACT: take, the Commission will consider all Linda Thomas, (404) 562–9064, at the protests or other comments filed, but SUMMARY: EPA’s grant regulations (40 above Region 4 address, for information only those who file a motion to CFR 35.150) require the Agency to concerning States of Alabama, Florida, intervene in accordance with the evaluate the performance of agencies Mississippi, Georgia, and local agencies. Commission’s Rules may become a which receive grants. EPA’s regulations Vera Bowers, (404) 562–9053, at the party to the proceeding. Any comments, for regional consistency (40 CFR 56.7) above Region 4 address, for information protests, or motions to intervene must require that the Agency notify the concerning the States of Kentucky, be received on or before the specified public of the availability of the reports North Carolina, South Carolina, comment date for the particular of such evaluations. EPA recently Tennessee and local agencies. application. performed end-of-year evaluations of 38294 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Dated: July 9, 1997. Title: Part 32—Uniform System of control number. For further information Michael V. Peyton, Accounts for Telecommunications contact Shoko B. Hair, Federal Acting Regional Administrator. Companies. Communications Commission, (202) [FR Doc. 97–18859 Filed 7–16–97; 8:45 am] Form No.: N/A. 418–1379. Type of Review: Revision of a BILLING CODE 6560±50±P currently approved collection. Federal Communications Commission Respondents: Business or other for- profit entities. OMB Control No.: 3060–0704. FEDERAL COMMUNICATIONS Number of Respondents: 239 Expiration Date: 06/30/2000. COMMISSION respondents. Title: Policy and Rules Concerning the Estimated Hour Per Response: 12,685 Notice of Public Information Interstate, Interexchange Marketplace; hours per recordkeeper/response. Collection(s) Being Reviewed by the Frequency of Response: On occasion Implementation of Section 254(g) of the Federal Communications Commission reporting and recordkeeping Communications Act of 1934, as amended—CC Docket No. 96–61. July 10, 1997. requirement. Estimated Total Annual Burden: SUMMARY: The Federal Communications Form No.: N/A. Commission, as part of its continuing 3,031,838 hours. Needs and Uses: The Uniform System effort to reduce paperwork burden Estimated Annual Burden: 519 of Accounts is a historical financial invites the general public and other respondents; 266.2 hours per response accounting system which reports the Federal agencies to take this (avg.); 138,175 total annual burden results of operational and financial opportunity to comment on the hours for all collections. events in a manner which enables both following information collection(s), as management and regulators to assess Estimated Annual Reporting and required by the Paperwork Reduction these results within a specified Recordkeeping Cost Burden: Act of 1995, Pub. L. 104–13. An agency accounting period. Subject respondents $435,000.00. may not conduct or sponsor a collection are telecommunications companies. of information unless it displays a Frequency of Response: On occasion; Entities having annual revenues from currently valid control number. No regulated telecommunications one-time requirement. person shall be subject to any penalty operations of less than $100 million are Description: In the Second Report and for failing to comply with a collection designated as Class B companies and are Order (Order) issued in CC Docket No. of information subject to the Paperwork subject to a less detailed accounting 96–61, the Commission eliminated the Reduction Act (PRA) that does not system than those designated as Class A requirement that nondominant display a valid control number. companies. Part 32 imposes essentially interexchange carriers file tariffs for Comments are requested concerning: (a) recordkeeping requirements. The interstate, domestic, interexchange Whether the proposed collection of reporting requirements contained in the information is necessary for the proper telecommunications services. In order to rulepart are sporadic or initiated by the performance of the functions of the facilitate enforcement of such carriers’ carriers. Part 32 has been revised. For Commission, including whether the statutory obligation to geographically example, in CC Docket 96–60, the information shall have practical utility; average and integrate their rates, and to Commission raised the expense limit in (b) the accuracy of the Commission’s make it easier for customers to compare Section 32.20000(a)(4) from $500 to burden estimate; (c) ways to enhance carriers’ service offerings, the Order $2,000, with one exception related to the quality, utility, and clarity of the requires affected carriers to maintain, personal computers recorded in information collected; and (d) ways to and to make available to the public in Account 2121, General purpose minimize the burden of the collection of at least one location, information computers. information on the respondents, concerning their rates, terms and including the use of automated Federal Communications Commission. conditions for all of their interstate, collection techniques or other forms of William F. Caton, domestic interexchange services. The information technology. Acting Secretary. information collected under the tariff DATES: Written comments should be [FR Doc. 97–18826 Filed 7–16–97; 8:45 am] cancellation requirement must be submitted on or before September BILLING CODE 6712±01±P disclosed to the Commission, and will 15,1997. If you anticipate that you will be used to implement the Commission’s be submitting comments, but find it detariffing policy. The information difficult to do so within the period of FEDERAL COMMUNICATIONS collected under the recordkeeping and time allowed by this notice, you should COMMISSION certification requirements will be used advise the contact listed below as soon by the Commission to ensure that Public Information Collections as possible. affected interexchange carriers fulfill Approved by Office of Management their obligations under the ADDRESSES: Direct all comments to Judy and Budget Boley, Federal Communications Communications Act, as amended. The Commission, Room 234, 1919 M St., July 11, 1997. information collected under the N.W., Washington, DC 20554 or via The Federal Communications information disclosure requirement internet to [email protected]. Commission (FCC) has received Office must be provided to third parties, and FOR FURTHER INFORMATION CONTACT: For of Management and Budget (OMB) will be used to ensure that such parties additional information or copies of the approval for the following public have adequate information to bring to information collections contact Judy information collections pursuant to the the Commission’s attention any Boley at 202–418–0214 or via internet at Paperwork Reduction Act of 1995, Pub. violations of the geographic rate [email protected]. L. 104–13. An agency may not conduct averaging and rate integration or sponsor and a person is not required requirements of Section 254(g) of the SUPPLEMENTARY INFORMATION: to respond to a collection of information Communications Act, as amended. OMB Approval No.: 3060–0370. unless it displays a currently valid Response is mandatory. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38295

No. of re- Hours per Requirement spondents response Total hours a. Tariff Cancellation ...... 519 143.7 74,598 b. Information Disclosure ...... 519 120 62,280 c. Recordkeeping ...... 519 2 1,038 d. Certification ...... 519 1/2 259.5

OMB Control No.: 3060–0463. service areas, by July 26, 1993. minimum standards. See 47 CFR Expiration Date: 07/31/2000. Accordingly, the Commission adopted Section 65.605(b). State certification Title: Telecommunications Services regulations for the provision of TRS at remains in effect for five years, unless for Individuals with Hearing and 47 CFR Sections 64.601–605. These the certification is suspended or Speech Disabilities and the Americans regulations contain operational, revoked (see 47 CFR Section 64.605(c) with Disabilities Act of 1990—CC technical and functional standards and (e)). One year prior to the expiration Docket No. 90–571. required of all telecommunications relay of certification, a state may apply for Form No.: N/A. services (TRS) providers, set up an renewal of its certification, and such Estimated Annual Burden: 72 interstate funding mechanism (TRS renewal process will proceed in the respondents; 112.6 hours per response (avg.); 8,110 total annual burden for all Fund) for the recovery of interstate TRS same manner as the original collections. costs, and also set forth the procedures certification. Current state TRS Estimated Annual Reporting and for state certification and for filing certifications will expire on July 26, Recordkeeping Cost Burden: $0. complaints involving TRS. 47 CFR 1998, and beginning July 26, 1997, Frequency of Response: On occasion; Section 64.605 describes the state TRS states will be allowed to apply for every five years. certification procedures. State renewal. 47 CFR Section 64.604(c)(5) Description: Section 225 of the documentation must: (1) establish that also establishes complaint procedures Communications Act of 1934, as the State meets or exceed all for TRS. Information submitted in amended, 47 U.S.C. Section 225, operational, technical and functional response to the state certification enacted in 1990 as Title IV of the minimum standards contained in program will be used to determine Americans with Disabilities Act, Pub. L. Section 64.604; (2) establish that the whether the program is certifiable under 101–336, requires the Commission to program makes available adequate federal requirements. Information promulgate regulations that require all procedures and remedies for enforcing submitted by complainants will be used common carriers to provide the requirements of the state program; to determine the merits of the telecommunications relay services and (3) establish that its program in no complaints, and to attempt resolution. (TRS) for callers with hearing and way conflicts with federal law, where a Your response is required to obtain or speech disabilities throughout their state program exceeds the mandatory retain benefits.

No. of re- Hours per Requirement spondents response Total hours a. State Certification/Recertification ...... 50 160 8000 b. Complaint Process ...... 22 5 110

Public reporting burden for the ACTION: Notice: correction. DATE AND TIME: Tuesday, July 22, 1997 collections of information is as noted at 10:00 a.m. above. Send comments regarding the FOR FURTHER INFORMATION CONTACT: PLACE: 999 E Street, N.W., Washington, burden estimate or any other aspect of Charles Alston (202) 418–0270. D.C. the collections of information, including SUMMARY: This document corrects STATUS: This meeting will be closed to suggestions for reducing the burden to Report No. 2200 regarding petitions for the public. Performance Evaluation and Records reconsideration and clarification Management, Washington, D.C. 20554. published in the Federal Register on ITEMS TO BE DISCUSSED: Federal Communications Commission. June 4, 1997, (FR Doc 97–14472). On Compliance matters pursuant to 2 William F. Caton, page 30587, column one, the number of U.S.C. § 437g. Acting Secretary. petitions filed is corrected to read 14 Audits conducted pursuant to 2 [FR Doc. 97–18884 Filed 7–16–97; 8:45 am] instead of 13. U.S.C. § 437g, § 438(b), and Title 26, Federal Communications Commission. U.S.C. BILLING CODE 6712±01±P Matters concerning participation in William F. Caton, civil actions or proceedings or Acting Secretary. arbitration. FEDERAL COMMUNICATIONS [FR Doc. 97–18825 Filed 7–16–97; 8:45 am] COMMISSION Internal personnel rules and BILLING CODE 6712±01±M procedures or matters affecting a particular employee. [PR Docket No. 92±235] DATE AND TIME: Thursday, July 24, 1997 at 10:00 a.m. Petitions for Reconsideration and FEDERAL ELECTION COMMISSION Clarification PLACE: 999 E Street, N.W. Washington, Sunshine Act Meeting D.C. (ninth floor). AGENCY: Federal Communications STATUS: This meeting will be open to the Commission. AGENCY: Federal Election Commission. public. 38296 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

ITEMS TO BE DISCUSSED: cycle under the Finance Board’s evaluating a member’s community Correction and Approval of Minutes. community support requirement support performance. See 12 CFR 936.3. Report of the Audit Division on Pete regulation must submit completed The regulation includes standards and Wilson for President Committee Community Support Statements to the criteria for the two statutory factors— (originally scheduled for the meeting of Finance Board either by regular mail: CRA performance and record of lending July 17, 1997). Office of Supervision, Federal Housing to first-time homebuyers. Id. Only Advisory Opinion 1997–11: Finance Board, 1777 F Street, N.W., members subject to the CRA must meet Representative Lucille Roybal-Allard. Washington, D.C. 20006; or by the CRA standard. Id. § 936.3(b). All Advisory Opinion 1997–12: electronic mail: [email protected]. members, including those not subject to Representative Jerry Costello by counsel, Jeffrey D. Colman. FOR FURTHER INFORMATION CONTACT: CRA, must meet the first-time Administrative Matters. Penny S. Bates, Program Analyst, Office homebuyer standard. Id. § 936.3(c). PERSON TO CONTACT FOR INFORMATION: of Supervision, at 202/408–2574; at the Under the rule, the Finance Board Mr. Ron Harris, Press Officer, following electronic mail address: selects approximately one-eighth of the Telephone: (202) 219–4155. [email protected]; or at the Federal members in each FHLBank district for Housing Finance Board, 1777 F Street, Marjorie W. Emmons, community support review each N.W., Washington, D.C. 20006. A Secretary of the Commission. calendar quarter. Id. § 936.2(a). The telecommunications device for deaf Finance Board will not review an [FR Doc. 97–18956 Filed 7–15–97; 10:56 am] persons (TDD) is available at 202/408– BILLING CODE 6715±01±M institution’s community support 2579. performance until it has been a SUPPLEMENTARY INFORMATION: FHLBank member for at least one year. Selection for review is not, nor should FEDERAL HOUSING FINANCE BOARD I. Selection for Community Support Review it be construed as, any indication of [No. 97±N±4] either the financial condition or the Section 10(g)(1) of the Federal Home community support performance of the Federal Home Loan Bank Members Loan Bank Act (Bank Act) requires the member. Selected for Community Support Finance Board to promulgate Each FHLBank member selected for Review regulations establishing standards of review must complete a Community community investment or service that AGENCY: Federal Housing Finance Support Statement and submit it to the FHLBank members must meet in order Board. Finance Board by the September 2, 1997 to maintain access to long-term ACTION: Notice. deadline prescribed in this notice. Id. advances. See 12 U.S.C. 1430(g)(1). The § 936.2(b)(ii), (c). On or before August 1, SUMMARY: The Federal Housing Finance regulations promulgated by the Finance Board (Finance Board) is announcing Board must take into account factors 1997, each FHLBank will notify the the Federal Home Loan Bank (FHLBank) such as the FHLBank member’s members in its district that have been members it has selected for the 1996–97 performance under the Community selected for the 1996–97 sixth quarter sixth quarter review cycle under the Reinvestment Act of 1977 (CRA), 12 community support review cycle that Finance Board’s community support U.S.C. 2901 et seq., and record of they must complete and submit to the requirement regulation. This notice also lending to first-time homebuyers. See 12 Finance Board by the deadline a prescribes the deadline by which U.S.C. 1430(g)(2). Pursuant to the Community Support Statement. Id. FHLBank members selected for review requirements of section 10(g) of the § 936.2(b)(2)(i). The member’s FHLBank must submit Community Support Bank Act, the Finance Board amended will provide a blank Community Statements to the Finance Board. its community support requirement Support Statement Form, which also is DATES: FHLBank members selected for regulation effective June 30, 1997. See available on the Finance Board’s web the 1996–97 sixth quarter review cycle 62 FR 28983 (May 29, 1997), codified at site: WWW.FHFB.GOV. Upon request, under the Finance Board’s community 12 CFR part 936. the member’s FHLBank also will support requirement regulation must As amended, the community support provide assistance in completing the submit completed Community Support requirement regulation establishes Community Support Statement. Statements to the Finance Board on or standards a FHLBank member must The Finance Board has selected the before September 2, 1997. meet in order to maintain access to long- following members for the 1996–97 ADDRESSES: FHLBank members selected term advances, and the review criteria sixth quarter community support review for the 1996–97 sixth quarter review the Finance Board must apply in cycle:

Member City State

Federal Home Loan Bank of BostonÐDistrict 1

Charter Oak Federal Credit Union ...... Groton ...... CT Salisbury Bank and Trust Company ...... Lakeville ...... CT New Milford Bank and Trust Company ...... New Milford ...... CT Chelsea Groton Savings Bank ...... Norwich ...... CT Dime Savings Bank of Norwich ...... Norwich ...... CT Savings Bank of Rockville ...... Rockville ...... CT Bank of South Windsor ...... South Windsor ...... CT Thomaston Savings Bank ...... Thomaston ...... CT North American Bank and Trust Company ...... Waterbury ...... CT Wilton Bank ...... Wilton ...... CT Asian American Bank and Trust Company ...... Boston ...... MA Community Bank ...... Brockton ...... MA Bay State Federal Savings Bank ...... Brookline ...... MA Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38297

Member City State

Chicopee Savings Bank ...... Chicopee ...... MA Weymouth Co-operative Bank ...... East Weymouth ...... MA Dukes County Savings Bank ...... Edgartown ...... MA Foxborough Savings Bank ...... Foxboro ...... MA MetroWest Bank ...... Framingham ...... MA Gloucester Bank & Trust Company ...... Gloucester ...... MA Hudson Savings Bank ...... Hudson ...... MA Lee Bank ...... Lee ...... MA Lenox Savings Bank ...... Lenox ...... MA Washington Savings Bank ...... Lowell ...... MA Community Credit Union of Lynn ...... Lynn ...... MA Eastern Bank ...... Lynn ...... MA National Grand Bank of Marblehead ...... Marblehead ...... MA Summit Bank ...... Medway ...... MA Nantucket Bank ...... Nantucket ...... MA Middlesex Savings Bank ...... Natick ...... MA First and Ocean National Bank ...... Newburyport ...... MA Newburyport Five Cents Savings Bank ...... Newburyport ...... MA North Easton Savings Bank ...... North Easton ...... MA Norwood Co-operative Bank ...... Norwood ...... MA Seamen's Bank ...... Provincetown ...... MA Hibernia Savings Bank ...... Quincy ...... MA Granite Savings Bank ...... Rockport ...... MA Rockport National Bank ...... Rockport ...... MA Roslindale Co-operative Bank ...... Roslindale ...... MA Somerset Savings Bank ...... Somerville ...... MA Bank of Western Massachusetts ...... Springfield ...... MA Watertown Savings Bank ...... Watertown ...... MA Kennebec Savings Bank ...... Augusta ...... ME Bath Savings Institution ...... Bath ...... ME Barco Federal Credit Union ...... Hampden ...... ME Kingfield Bank ...... Kingfield ...... ME Androscoggin Savings Bank ...... Lewiston ...... ME Livermore Falls Trust Company ...... Livermore Falls ...... ME Key Bank of Maine ...... Portland ...... ME Saco and Biddeford Savings Institution ...... Saco ...... ME Sanford Institution for Savings ...... Sanford ...... ME Atlantic Bank National Association ...... South Portland ...... ME First Colebrook Bank ...... Colebrook ...... NH New Hampshire Federal Credit Union ...... Concord ...... NH Laconia Savings Bank ...... Laconia ...... NH Granite Savings Bank and Trust Company ...... Barre ...... VT

Federal Home Loan Bank of New YorkÐDistrict 2

Haddon Savings and Loan Association ...... Haddon Heights ...... NJ Monarch Savings Bank, FSB ...... Kearny ...... NJ Trenton Savings Bank ...... Lawrenceville ...... NJ New Community Federal Credit Union ...... Newark ...... NJ Midland Bank and Trust Company ...... Paramus ...... NJ Rahway Savings Institution ...... Rahway ...... NJ Interchange State Bank ...... Saddle Brook ...... NJ Minotola National Bank ...... Vineland ...... NJ Albion Federal Savings & Loan Association ...... Albion ...... NY Bath National Bank ...... Bath ...... NY Flatbush FS&LA of Brooklyn ...... Brooklyn ...... NY Manufacturers and Traders Trust Company ...... Buffalo ...... NY Landmark Community Bank ...... Canajoharie ...... NY Ontario National Bank of Clifton Springs ...... Clifton Springs ...... NY First National Bank of Cortland ...... Cortland ...... NY Champlain National Bank ...... Elizabethtown ...... NY Fairport Savings & Loan Association ...... Fairport ...... NY Highland Falls FS&LA ...... Highland Falls ...... NY Steuben Trust Company ...... Hornell ...... NY Ulster Savings Bank ...... Kingston ...... NY Suffolk Federal Credit Union ...... Medford ...... NY Atlantic Bank of New York ...... New York ...... NY European American Bank ...... New York ...... NY Habib American Bank ...... New York ...... NY Merchants Bank ...... New York ...... NY Sterling National Bank and Trust Company ...... New York ...... NY Sleepy Hollow National ...... N. Tarrytown ...... NY Bank of Richmondville ...... Richmondville ...... NY Rome Savings Bank ...... Rome ...... NY 38298 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Member City State

Trustco Bank N.A...... Schenectady ...... NY Solvay Bank ...... Solvay ...... NY Troy Savings Bank ...... Troy ...... NY Walden Savings Bank ...... Walden ...... NY Banco Popular de Puerto Rico ...... San Juan ...... PR

Federal Home Loan Bank of PittsburghÐDistrict 3

Apollo Trust Company ...... Apollo ...... PA Farmers and Merchants Trust Company ...... Chambersburg ...... PA Cambria County FS&LA ...... Cresson ...... PA Premier Bank ...... Doylestown ...... PA Elderton State Bank ...... Elderton ...... PA East Penn Bank ...... Emmaus ...... PA PFC Bank ...... Ford City ...... PA First National Bank of Fredericksburg ...... Fredericksburg ...... PA PeoplesBank, a Codurus Valley Company ...... Glen Rock ...... PA Gratz National Bank ...... Gratz ...... PA Harleysville National Bank & Trust Company ...... Harleysville ...... PA Dauphin Deposit Bank and Trust Company ...... Harrisburg ...... PA Harris Savings Bank ...... Harrisburg ...... PA Irwin Bank and Trust Company ...... Irwin ...... PA Farmers National Bank ...... Kittanning ...... PA LA Bank, N.A...... Lake Ariel ...... PA Bank of Landisburg ...... Landisburg ...... PA First National Bank of Liverpool ...... Liverpool ...... PA Miners Bank of Lykens ...... Lykens ...... PA Mars National Bank ...... Mars ...... PA Fulton County National Bank & Trust Company ...... McConnellsburg ...... PA Union National Bank of Mount Carmel ...... Mount Carmel ...... PA Nazareth National Bank and Trust Company ...... Nazareth ...... PA First Federal Savings Bank of New Castle ...... New Castle ...... PA New Tripoli National Bank ...... New Tripoli ...... PA National Bank of North East ...... North East ...... PA NBO National Bank ...... Olyphant ...... PA Jefferson Bank ...... Philadelphia ...... PA Police and Fire Federal Credit Union ...... Philadelphia ...... PA Reliance Standard Life Insurance Company ...... Philadelphia ...... PA St. Edmond's Federal Savings Bank ...... Philadelphia ...... PA Phoenixville FS&LA ...... Phoenixville ...... PA PNC Mortgage Bank, N.A...... Pittsburgh ...... PA Portage National Bank ...... Portage ...... PA Security National Bank ...... Pottstown ...... PA Sun Bank ...... Selinsgrove ...... PA Guaranty Bank, N.A...... Shamokin ...... PA Orrstown Bank ...... Shippensburg ...... PA Bucktail Bank and Trust Company ...... Williamsport ...... PA Jersey Shore State Bank ...... Williamsport ...... PA Progressive Bank, N.A.ÐBuckhannon ...... Buckhannon ...... WV First Exchange Bank ...... Mannington ...... WV One Valley BankÐNorth, Inc...... Moundsville ...... WV First Community Bank of Mercer County, Inc...... Princeton ...... WV F&M Bank-Blakeley ...... Ranson ...... WV First National Bank of Romney ...... Romney ...... WV Ameribank ...... Welch ...... WV

Federal Home Loan Bank of AtlantaÐDistrict 4

AuburnBank ...... Auburn ...... AL Bank of the South ...... Dothan ...... AL First Commercial Bank of Huntsville ...... Huntsville ...... AL Peachtree Bank ...... Maplesville ...... AL North Jackson Bank ...... Stevenson ...... AL National Bank of the South ...... Tuscaloosa ...... AL Liberty National Bank ...... Bradenton ...... FL Riverside National Bank ...... Fort Pierce ...... FL First City Bank of Fort Walton ...... Ft. Walton Beach ...... FL First National Bank and Trust ...... Ft. Walton Beach ...... FL First Northwest Florida Bank ...... Ft. Walton Beach ...... FL Dadeland Bank ...... Miami ...... FL PineBank ...... Miami ...... FL SunTrust Bank, Miami, N.A...... Miami ...... FL First National Bank of Florida ...... Milton ...... FL Palm Beach National Bank and Trust Company ...... N. Palm Beach ...... FL Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38299

Member City State

Horizon Bank of Florida ...... Pensacola ...... FL Citizens Federal Savings Bank of Port St. Joe ...... Port St. Joe ...... FL Enterprise National Bank of Sarasota ...... Sarasota ...... FL Seminole Bank ...... Seminole ...... FL Bank of Tampa ...... Tampa ...... FL First Commercial Bank of Tampa ...... Tampa ...... FL Indian River National Bank ...... Vero Beach ...... FL First National Bank of South Georgia, N.A...... Albany ...... GA First American Bank and Trust Company ...... Athens ...... GA First National Bank of Union County ...... Blairsville ...... GA Fannin County Bank, N.A...... Blue Ridge ...... GA First National Bank of Grady County ...... Cairo ...... GA Bank of Covington ...... Covington ...... GA First State Bank of Randolph County ...... Cuthbert ...... GA Fairburn Banking Company ...... Fairburn ...... GA First Citizens Bank of Fayette County ...... Fayetteville ...... GA Georgia First Bank ...... Gainesville ...... GA Central and Southern Bank of Greensboro ...... Greensboro ...... GA Farmers and Merchants Bank ...... Lakeland ...... GA Bank of Madison ...... Madison ...... GA Premier Bank ...... Marietta ...... GA Southwest Georgia Bank ...... Moultrie ...... GA First Citizens Bank ...... Newnan ...... GA Carver State Bank ...... Savannah ...... GA Smyrna Bank and Trust Company ...... Smyrna ...... GA First State Bank ...... Stockbridge ...... GA Bank of Upson ...... Thomaston ...... GA Farmers Bank of Maryland ...... Annapolis ...... MD Kopernik Federal Savings Association ...... Baltimore ...... MD Liberty Federal Savings & Loan Association ...... Baltimore ...... MD Slavie Federal Savings & Loan Association ...... Baltimore ...... MD Rushmore Trust and Savings, F.S.B...... Bethesda ...... MD Chesapeake Bank and Trust Company ...... Chestertown ...... MD Chestertown Bank of Maryland ...... Chestertown ...... MD American Trust Bank ...... Cumberland ...... MD FCNB ...... Frederick ...... MD First Bank of Frederick ...... Frederick ...... MD Hagerstown Trust Company ...... Hagerstown ...... MD Lafayette Federal Credit Union ...... Kensington ...... MD First United National Bank and Trust ...... Oakland ...... MD National Bank of Rising Sun ...... Rising Sun ...... MD Taneytown Bank and Trust Company ...... Taneytown ...... MD Bank of Stanly ...... Albemarle ...... NC Home Savings Bank of Albemarle, SSB ...... Albemarle ...... NC Bank of Mecklenburg ...... Charlotte ...... NC Self-Help Credit Union ...... Durham ...... NC Gibsonville Community Savings Bank, SSB ...... Gibsonville ...... NC Farmers and Merchants Bank ...... Granite Quarry ...... NC Mocksville Savings Bank, SSB ...... Mocksville ...... NC Central Community Bank ...... Murphy ...... NC Randleman Savings Bank, S.S.B...... Randleman ...... NC Carolina State Bank ...... Shelby ...... NC First National Bank of Shelby ...... Shelby ...... NC Bank of Charleston, N.A...... Charleston ...... SC Investors Savings Bank of South Carolina ...... Florence ...... SC Farmers & Merchants Bank of South Carolina ...... Holly Hill ...... SC Pee Dee State Bank ...... Timmonsville ...... SC Poinsett Bank, F.S.B...... Travelers Rest ...... SC Bank of Northern Virginia ...... Arlington ...... VA Telebank ...... Arlington ...... VA American National Bank and Trust Company ...... Danville ...... VA George Mason Bank ...... Fairfax ...... VA Bank of Ferrum ...... Ferrum ...... VA Premier Bank-Central, N.A...... Honaker ...... VA Marshall National Bank and Trust Company ...... Marshall ...... VA Middleburg Bank ...... Middleburg ...... VA First Sentinel Bank ...... Richlands ...... VA First Bank ...... Strasburg ...... VA Bank of Essex ...... Tappahannock ...... VA Princess Anne Bank ...... Virginia Beach ...... VA F&M Bank-Peoples ...... Warrenton ...... VA Northern Neck State Bank, Inc...... Warsaw ...... VA Premier Bank, Inc...... Wytheville ...... VA 38300 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Member City State

Federal Home Loan Bank of CincinnatiÐDistrict 5

Nelson County Federal Savings and Loan ...... Bardstown ...... KY Bedford Loan and Deposit Bank ...... Bedford ...... KY Berea National Bank ...... Berea ...... KY South Central Bank of Bowling Green ...... Bowling Green ...... KY Meade County Bank ...... Brandenburg ...... KY Campbellsville National Bank ...... Campbellsville ...... KY First National Bank of Carlisle ...... Carlisle ...... KY Edmonton State Bank ...... Edmonton ...... KY Fifth Third Bank of Northern Kentucky, Inc...... Florence ...... KY First Security Bank and Trust, McLean ...... Island ...... KY Lawrenceburg National Bank ...... Lawrenceburk ...... KY Farmers National Bank ...... Lebanon ...... KY Fifth Third Bank of Kentucky, Inc...... Louisville ...... KY Jefferson Banking Company ...... Louisville ...... KY Community First Bank ...... Mount Olivet ...... KY Princeton FS&LA ...... Princeton ...... KY Citizens National Bank ...... Russellville ...... KY Bank of McCreary County ...... Whitley City ...... KY Williamsburg National Bank ...... Williamsburg ...... KY Pioneer Federal Savings Bank ...... Winchester ...... KY Graves CoBank ...... Wingo ...... KY First National Bank of Ohio ...... Akron ...... OH Bellevue Fed. C.U...... Bellevue ...... OH Bethel Building and Loan Company ...... Bethel ...... OH Equitable Savings and Loan Company ...... Cadiz ...... OH United National Bank and Trust Company ...... Canton ...... OH Harvest Home Savings Bank ...... Cheviot ...... OH Cin Fed Employees Federal Credit Union ...... Cincinnati ...... OH Lenox Savings Bank ...... Cincinnati ...... OH Mt. Washington Savings & Loan Company ...... Cincinnati ...... OH PNC Bank, Ohio, N.A...... Cincinnati ...... OH Star Bank, N.A...... Cincinnati ...... OH Shore Bank and Trust Company ...... Cleveland ...... OH Premier Bank and Trust ...... Elyria ...... OH Community First Bank, N.A...... Forest ...... OH First Ohio Credit Union, Inc...... Fostoria ...... OH Galion Building and Loan Association ...... Galion ...... OH Greenville National Bank ...... Greenville ...... OH Second National Bank ...... Greenville ...... OH Citizens Loan & Savings Company ...... London ...... OH First FS&LA of Lorain ...... Lorain ...... OH Dime Bank ...... Marietta ...... OH Daymon Federal Credit Union ...... Miamisburg ...... OH New Richmond National Bank ...... New Richmond ...... OH Citizens National Bank of Norwalk ...... Norwalk ...... OH Ripley Federal Savings and Loan Association ...... Ripley ...... OH Ripley National Bank ...... Ripley ...... OH First National Bank of Shelby ...... Shelby ...... OH Strasburg Savings and Loan ...... Strasburg ...... OH Century Savings Bank ...... Upper Arlington ...... OH Peoples Savings Bank ...... Urbana ...... OH First Federal Savings and Loan Association ...... Van Wert ...... OH Van Wert National Bank ...... Van Wert ...... OH Second National Bank of Warren ...... Warren ...... OH Trumbull Savings and Loan Company ...... Warren ...... OH Perpetual Savings Bank ...... Wellsville ...... OH Peoples Savings Bank ...... Xenia ...... OH First Federal Savings Bank of Eastern Ohio ...... Zanesville ...... OH Citizens National Bank ...... Athens ...... TN Heritage Bank ...... Clarksville ...... TN Bank of Putnam County ...... Cookeville ...... TN Farmer's Bank ...... Cornersville ...... TN First National Bank of Crossville ...... Crossville ...... TN First Federal Savings Bank ...... Dickson ...... TN Carter County Bank of Elizabethton ...... Elizabethton ...... TN Union Planters Bank ...... Erin ...... TN Jackson County Bank ...... Gainesboro ...... TN Gates Banking and Trust Company ...... Gates ...... TN Tennessee State Bank ...... Gatlinburg ...... TN Bank of Goodlettsville ...... Goodlettsville ...... TN Greene County Bank ...... Greeneville ...... TN Bank of Halls ...... Halls ...... TN Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38301

Member City State

Commercial Bank ...... Harrogate ...... TN CommunityFirst Bank ...... Hartsville ...... TN Volunteer Bank ...... Jackson ...... TN Union Bank ...... Jamestown ...... TN Bank of Tennessee ...... Kingsport ...... TN Central State Bank ...... Lexington ...... TN First Bank ...... Lexington ...... TN Enterprise National Bank ...... Memphis ...... TN Tennessee Bank and Trust ...... Memphis ...... TN Bank of Milan ...... Milan ...... TN Cavalry Banking, FSB ...... Murfreesboro ...... TN Commercial Bank and Trust Company ...... Paris ...... TN Farmers Bank ...... Portland ...... TN Central Bank ...... Savannah ...... TN First Community Bank of Bedford County ...... Shelbyville ...... TN Farmers and Merchants Bank ...... Trezevant ...... TN American City Bank of Tullahoma ...... Tullahoma ...... TN Reelfoot Bank ...... Union City ...... TN Bank of Commerce ...... Woodbury ...... TN

Federal Home Loan Bank of IndianapolisÐDistrict 6

Workingmens ONB Bank ...... Bloomington ...... IN First National Bank ...... Cloverdale ...... IN First Federal Bank, a F.S.B...... Corydon ...... IN CSB Bank ...... Cynthiana ...... IN Blue River Federal Savings Bank ...... Edinburgh ...... IN Bright National Bank ...... Flora ...... IN Grabill Bank ...... Grabill ...... IN Fifth Third Bank of Central Indiana ...... Indianapolis ...... IN First of America Bank-Indiana ...... Indianapolis ...... IN Investors Life Insurance Company ...... Indianapolis ...... IN Landmark Savings Bank, F.S.B ...... Indianapolis ...... IN Meridian Mutual Insurance Company ...... Indianapolis ...... IN Meridian Security Insurance Company ...... Indianapolis ...... IN Peoples Bank and Trust Company ...... Indianapolis ...... IN Union Federal Savings Bank of Indianapolis ...... Indianapolis ...... IN Vernon Fire and Casualty Insurance Company ...... Indianapolis ...... IN First FS&LA of Clark County ...... Jeffersonville ...... IN Lafayette Savings Bank, F.S.B ...... Lafayette ...... IN Peoples Savings & Loan Association ...... Monticello ...... IN First State Bank ...... Morgantown ...... IN New Washington State Bank ...... New Washington ...... IN First Citizens State Bank ...... Newport ...... IN Citizens State Bank of Petersburg ...... Petersburg ...... IN United Southwest Bank ...... Washington ...... IN Bank of Alma ...... Alma ...... MI Great Lakes Bancorp, a FSB ...... Ann Arbor ...... MI Signature Bank ...... Bad Axe ...... MI Lake-Osceola State Bank ...... Baldwin ...... MI Central State Bank ...... Beulah ...... MI Community Bank ...... Caro ...... MI Eastern Michigan Bank ...... Croswell ...... MI Home Federal Savings Bank ...... Detroit ...... MI Northern Michigan Savings Bank ...... Escanaba ...... MI State Bank of Ewen ...... Ewen ...... MI Oakland Commerce Bank ...... Farmington Hills ...... MI Grand Bank ...... Grand Rapids ...... MI National Bank of Hastings ...... Hastings ...... MI Valley Ridge Bank ...... Kent City ...... MI FMBÐSecurity Bank ...... Manistee ...... MI Firstbank ...... Mount Pleasant ...... MI First National Bank of Norway ...... Norway ...... MI League Life Insurance Company ...... Southfield ...... MI Sterling Bank and Trust, FSB ...... Southfield ...... MI Macomb Federal Savings Bank ...... St. Clair Shores ...... MI SJS Federal Savings Bank ...... St. Joseph ...... MI The Empire National Bank of Traverse ...... Traverse City ...... MI

Federal Home Loan Bank of ChicagoÐDistrict 7

Amcore Bank Aledo ...... Aledo ...... IL Merchants National Bank ...... Aurora ...... IL National Bank of Commerce ...... Berkeley ...... IL 38302 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Member City State

Prairie Bank and Trust Company ...... Bridgeview ...... IL Downstate National Bank ...... Brookport ...... IL Cerro Gordo Building and Loan, s.b ...... Cerro Gordo ...... IL First Commercial Bank ...... Chicago ...... IL Firstar Bank Illinois ...... Chicago ...... IL Marquette National Bank ...... Chicago ...... IL South Shore Bank ...... Chicago ...... IL Sterling Savings Bank ...... Chicago ...... IL Resource Bank, N.A ...... DeKalb ...... IL Du Quoin State Bank ...... Du Quoin ...... IL Crossroads Bank ...... Effingham ...... IL Midwest Bank and Trust Company ...... Elmwood Park ...... IL Peoples National Bank ...... Grayville ...... IL Heartland National Bank ...... Herrin ...... IL Midwest Bank of Hinsdale ...... Hinsdale ...... IL Jacksonville Savings Bank ...... Jacksonville ...... IL Kankakee Federal Savings Bank ...... Kankakee ...... IL Union Federal Savings and Loan Association ...... Kewanee ...... IL Brickyard Bank ...... Lincolnwood ...... IL Citizens National Bank of Macomb ...... Macomb ...... IL First State Bank Maple Park ...... Maple Park ...... IL Central National Bank of Mattoon ...... Mattoon ...... IL Heartland Savings Bank ...... Mattoon ...... IL First Suburban National Bank ...... Maywood ...... IL Community National Bank of Metropolis ...... Metropolis ...... IL Morris Building and Loan, S.B...... Morris ...... IL Smith Trust and Savings Bank ...... Morrison ...... IL Nokomis Savings Bank ...... Nokomis ...... IL First Bank of Illinois ...... O'Fallon ...... IL Orangeville Community Bank ...... Orangeville ...... IL First National Bank of Pana ...... Pana ...... IL First State Bank of Red Bud ...... Red Bud ...... IL Capaha Bank ...... Tamms ...... IL Bank of Illinois in DuPage ...... Villa Park ...... IL North Shore Trust and Savings ...... Waukegan ...... IL Waukegan Savings & Loan Association ...... Waukegan ...... IL First FS&LA of Westchester ...... Westchester ...... IL Prospect Federal Savings Bank ...... Worth ...... IL First National Bank of Xenia ...... Xenia ...... IL State Bank of Arcadia ...... Arcadia ...... WI State Bank of Argyle ...... Argyle ...... WI First National Bank of Barron ...... Barron ...... WI Blackhawk State Bank ...... Beloit ...... WI First National Bank of Berlin ...... Berlin ...... WI Badger State Bank ...... Cassville ...... WI State Bank of Chilton ...... Chilton ...... WI Citizens State Bank ...... Clinton ...... WI American Bank ...... Eau Claire ...... WI F&M BankÐFennimore ...... Fennimore ...... WI American Bank of Fond du Lac ...... Fond du Lac ...... WI Franklin State Bank ...... Franklin ...... WI State Financial Bank ...... Hales Corners ...... WI Peoples National Bank ...... Hayward ...... WI Horicon State Bank ...... Horicon ...... WI Farmers and Merchants Bank of Jefferson ...... Jefferson ...... WI F&M BankÐKaukauna ...... Kaukauna ...... WI Farmers State Bank ...... Markesan ...... WI Mid-Wisconsin Bank ...... Medford ...... WI Lincoln State Bank ...... Milwaukee ...... WI Mitchell Bank ...... Milwaukee ...... WI Montello State Bank ...... Montello ...... WI Bank of Monticello ...... Monticello ...... WI Bank of New Glarus ...... New Glarus ...... WI First National Bank of New Richmond ...... New Richmond ...... WI The River Bank ...... Osceola ...... WI F&M BankÐPotosi ...... Potosi ...... WI Bank of Poynette ...... Poynette ...... WI Heritage Bank and Trust ...... Racine ...... WI Citizens Bank, N.A...... Shawano ...... WI Shell Lake State Bank ...... Shell Lake ...... WI First National Bank of St. Croix Falls ...... St. Croix Falls ...... WI State Bank of Stockbridge ...... Stockbridge ...... WI Westland Savings Bank, S.A...... Tomah ...... WI The Equitable Bank, S.S.B...... Wauwatosa ...... WI Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38303

Member City State

ALLCO Credit Union ...... West Allis ...... WI Fortress Bank of Westby ...... Westby ...... WI Westby Co-op Credit Union ...... Westby ...... WI

Federal Home Loan Bank of Des MoinesÐDistrict 8

Ackley State Bank ...... Ackley ...... IA Exchange State Bank ...... Adair ...... IA First State Bank ...... Belmond ...... IA Iowa State Savings Bank ...... Clinton ...... IA Iowa State Savings Bank ...... Creston ...... IA Security Bank and Trust Company ...... Decorah ...... IA Allied Life Insurance Company ...... Des Moines ...... IA Allied Mutual Insurance Company ...... Des Moines ...... IA Amco Insurance Company ...... Des Moines ...... IA AmerUS Life Insurance Company ...... Des Moines ...... IA Norwest Bank Iowa, N.A...... Des Moines ...... IA Liberty Bank and Trust ...... Forest City ...... IA Grundy National Bank of Grundy Center ...... Grundy Center ...... IA Hartwick State Bank ...... Hartwick ...... IA Green Belt Bank and Trust ...... Iowa Falls ...... IA First National Bank in LeMars ...... Le Mars ...... IA First National Bank of Muscatine ...... Muscatine ...... IA Citizens State Bank ...... Oakland ...... IA First Bank and Trust Company ...... Rock Rapids ...... IA First National Bank of Sioux Center ...... Sioux Center ...... IA Security National Bank of Sioux City ...... Sioux City ...... IA Citizens First National Bank of Storm Lake ...... Storm Lake ...... IA First National Bank of Waverly ...... Waverly ...... IA Peoples Savings Bank ...... Wellsburg ...... IA Farm Bureau Life Insurance Company ...... West Des Moines ...... IA Farm Bureau Mutual Insurance Company ...... West Des Moines ...... IA State Bank ...... Worthington ...... IA Atwater State Bank ...... Atwater ...... MN Border State Bank ...... Badger ...... MN First National Bank of Brewster ...... Brewster ...... MN City-County Federal Credit Union ...... Brooklyn Center ...... MN Buffalo National Bank ...... Buffalo ...... MN Peoples Bank of Commerce ...... Cambridge ...... MN First National Bank ...... Chisholm ...... MN First State Bank of Eden Prairie ...... Eden Prairie ...... MN Eitzen State Bank ...... Eitzen ...... MN Marquette Bank, N.A...... Golden Valley ...... MN First Security BankÐHendricks ...... Hendricks ...... MN First National Bank of Henning ...... Henning ...... MN Jackson Federal Savings and Loan Association ...... Jackson ...... MN Janesville State Bank ...... Janesville ...... MN Citizens State Bank of Kelliher ...... Kelliher ...... MN Security State Bank of Kenyon ...... Kenyon ...... MN First Security BankÐLake Benton ...... Lake Benton ...... MN State Bank of Long Lake ...... Long Lake ...... MN Lake County State Bank ...... Long Prairie ...... MN United Prairie Bank ...... Madison ...... MN Bank of Maple Plain ...... Maple Plain ...... MN Superior Guaranty Insurance Company ...... Minneapolis ...... MN First National Bank in Montevideo ...... Montevideo ...... MN Mountain Iron First State Bank ...... Mountain Iron ...... MN Citizens Bank of New Ulm ...... New Ulm ...... MN State Bank and Trust Company of New Ulm ...... New Ulm ...... MN Community National Bank ...... Northfield ...... MN Minnwest Bank Ortonville ...... Ortonville ...... MN Pine River State Bank ...... Pine River ...... MN First Security BankÐSanborn ...... Sanborn ...... MN First American Bank, N.A...... St. Cloud ...... MN Zapp National Bank of St. Cloud ...... St. Cloud ...... MN Western Bank ...... St. Paul ...... MN First State Bank of Wabasha ...... Wabasha ...... MN Heritage Bank N.A...... Willmar ...... MN Merchants National Bank of Winona ...... Winona ...... MN First State Bank of Wyoming ...... Wyoming ...... MN Bank of Zumbrota ...... Zumbrota ...... MN Jefferson Savings and Loan Association ...... Ballwin ...... MO Farmers and Traders Bank ...... California ...... MO Boone County National Bank ...... Columbia ...... MO 38304 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Member City State

Tri County State Bank ...... El Dorado Springs ...... MO Commercial Trust Company ...... Fayette ...... MO Home Exchange Bank of Jamesport ...... Jamesport ...... MO Jefferson Bank of Missouri ...... Jefferson City ...... MO Central Bank of Kansas City ...... Kansas City ...... MO Kearney Trust Company ...... Kearney ...... MO Lawson Bank ...... Lawson ...... MO United State Bank ...... Lewistown ...... MO State Bank of Slater ...... Slater ...... MO Citizens Bank of Sparta ...... Sparta ...... MO Heritage Bank of St. Joseph ...... St. Joseph ...... MO Southwest Bank of St. Louis ...... St. Louis ...... MO First Community Bank ...... Windsor ...... MO Security State Bank of Edgeley ...... Edgeley ...... ND First American Bank, N.A...... Grand Forks ...... ND Stutsman County State Bank ...... Jamestown ...... ND Bank of Steele ...... Steele ...... ND First National Bank of Valley City ...... Valley City ...... ND Peoples State Bank ...... Westhope ...... ND Security State Bank ...... Wishek ...... ND Dakota State Bank ...... Blunt ...... SD Security State Bank ...... Madison ...... SD BankWest, Inc...... Pierre ...... SD American Memorial Life Insurance Company ...... Rapid City ...... SD Bank of South Dakota ...... Watertown ...... SD First National Bank of White ...... White ...... SD First Dakota National Bank ...... Yankton ...... SD

Federal Home Loan Bank of DallasÐDistrict 9

Bank of Cave City ...... Cave City ...... AR First National Bank of Crossett ...... Crossett ...... AR Farmers and Merchants Bank ...... Des Arc ...... AR Simmons First National Bank of Dumas ...... Dumas ...... AR National Bank of Commerce ...... El Dorado ...... AR Bank of Arkansas ...... Fayetteville ...... AR Greers Ferry Lake State Bank ...... Heber Springs ...... AR First National Bank of Phillips County ...... Helena ...... AR First Bank of Arkansas ...... Jonesboro ...... AR Malvern National Bank ...... Malvern ...... AR Merchants and Planters Bank ...... Manila ...... AR McGehee Bank ...... McGehee ...... AR Citizens National Bank ...... Nashville ...... AR Merchants and Planters' Bank ...... Newport ...... AR Farmers and Merchants Bank ...... Prairie Grove ...... AR First United Bank ...... Stuttgart ...... AR Commercial National Bank of Texarkana ...... Texarkana ...... AR American Founders Life Insurance Company ...... Phoenix ...... AZ Union Planters Bank of Louisiana ...... Baton Rouge ...... LA Kaplan State Bank ...... Kaplan ...... LA Sabine State Bank and Trust Company ...... Many ...... LA Minden Bank and Trust Company ...... Minden ...... LA Exchange Bank and Trust Company ...... Natchitoches ...... LA Liberty Bank and Trust Company ...... New Orleans ...... LA American Bank of Ruston, N.A...... Ruston ...... LA Sicily Island State Bank ...... Sicily Island ...... LA St. Martin Bank and Trust Company ...... St. Martinville ...... LA Concordia Bank and Trust Company ...... Vidalia ...... LA Evangeline Bank and Trust Company ...... Ville Platte ...... LA Progressive State Bank and Trust Company ...... Winnsboro ...... LA First Security Bank ...... Batesville ...... MS Bank of the South ...... Crystal Springs ...... MS Commercial Bank of DeKalb ...... DeKalb ...... MS Community Bank of Mississippi ...... Forest ...... MS Union Planters Bank of Southern Mississippi ...... Hattiesburg ...... MS Community Bank ...... Indianola ...... MS Lamar Life Insurance Company ...... Jackson ...... MS Bank of Lucedale ...... Lucedale ...... MS Great Southern National Bank ...... Meridian ...... MS Newton County Bank ...... Newton ...... MS First National Bank of Oxford ...... Oxford ...... MS Citizens Bank ...... Philadelphia ...... MS Peoples Bank and Trust Company ...... Tupelo ...... MS Bank of Belen ...... Belen ...... NM Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38305

Member City State

Carlsbad National Bank ...... Carlsbad ...... NM Community Bank ...... Espanola ...... NM First National Bank of Farmington ...... Farmington ...... NM Western Bank ...... Lordsburg ...... NM Peoples Bank ...... Ranchos de Taos ...... NM Centinel Bank of Taos ...... Taos ...... NM Zia New Mexico Bank ...... Tucumcari ...... NM First Community Bank, N.A...... Alice ...... TX Amarillo National Bank ...... Amarillo ...... TX First National Bank of Bastrop ...... Bastrop ...... TX Burleson State Bank ...... Burleson ...... TX National Bank of Daingerfield ...... Daingerfield ...... TX Town North National Bank ...... Dallas ...... TX First National Bank ...... Edinburg ...... TX First National Bank ...... Fabens ...... TX First National Bank ...... Fairfield ...... TX Central Bank and Trust ...... Fort Worth ...... TX First National Bank ...... Graham ...... TX First State Bank ...... Granger ...... TX First Bank ...... Houston ...... TX First Community Credit Union ...... Houston ...... TX First National Bank of Huntsville ...... Huntsville ...... TX Norwest Bank Texas, Kerrville, N.A...... Kerrville ...... TX Community Bank ...... Kirbyville ...... TX Laredo National Bank ...... Laredo ...... TX First State Bank of Livingston ...... Livingston ...... TX First National Bank in Lockney ...... Lockney ...... TX Franklin National Bank ...... Mount Vernon ...... TX Norwest Bank Texas ...... New Braunfels ...... TX San Antonio Federal Credit Union ...... San Antonio ...... TX First National Bank of Sudan ...... Sudan ...... TX State First National Bank ...... Texarkana ...... TX Citizens National Bank ...... Victoria ...... TX American Bank, N.A...... Waco ...... TX Union Square Federal Credit Union ...... Wichita Falls ...... TX

Federal Home Loan Bank of TopekaÐDistrict 10

FirstBank of Arvada, N.A...... Arvada ...... CO FirstBank of Aurora, N.A...... Aurora ...... CO FirstBank of Douglas County, N.A...... Castle Rock ...... CO Western National Bank of Colorado ...... Colorado Springs ...... CO Dove Creek State Bank ...... Dove Creek ...... CO Bank Colorado Western Slope ...... Grand Junction ...... CO First National Bank of Greeley ...... Greeley ...... CO FirstBank of Lakewood, N.A...... Lakewood ...... CO First Bank of Littleton, N.A...... Littleton ...... CO Community Bank of Parker ...... Parker ...... CO FirstBank of Silverthorne, N.A...... Silverthorne ...... CO First National Bank of Colorado ...... Steamboat Springs ...... CO First National Bank of Strasburg ...... Strasburg ...... CO First National Bank ...... Telluride ...... CO Weststar Bank ...... Vail ...... CO FirstBank of Wheat Ridge, N.A...... Wheat Ridge ...... CO First State Bank of Burlingame ...... Burlingame ...... KS Farmers State Bank ...... Circleville ...... KS Emporia State Bank and Trust Company ...... Emporia ...... KS Home State Bank ...... Erie ...... KS Union State Bank of Everest ...... Everest ...... KS Emprise Bank, N.A...... Hillsboro ...... KS First Community Bank ...... Kansas City ...... KS Guaranty Bank and Trust ...... Kansas City ...... KS Linn County Bank ...... La Cygne ...... KS First National Bank & Trust Company in Larned ...... Larned ...... KS Neodesha Savings and Loan Association, FSA ...... Neodesha ...... KS The Bank ...... Oberlin ...... KS Heritage Bank of Olathe ...... Olathe ...... KS First National Bank of Onaga ...... Onaga ...... KS First National Bank and Trust Company ...... Parsons ...... KS First State Bank and Trust ...... Tonganoxie ...... KS Capital City State Bank and Trust Company ...... Topeka ...... KS Commerce Bank and Trust ...... Topeka ...... KS Security Benefit Life Insurance Company ...... Topeka ...... KS Boeing Wichita Employees Credit Union ...... Wichita ...... KS 38306 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Member City State

First National Bank and Trust Company ...... Beatrice ...... NE Exchange Bank ...... Gibbon ...... NE West Gate Bank ...... Lincoln ...... NE Home State Bank ...... Louisville ...... NE Bank of Mead ...... Mead ...... NE Farmers and Merchants Bank ...... Milford ...... NE Norwest Bank Nebraska, N.A...... Omaha ...... NE First State Bank ...... Scottsbluff ...... NE Cattle National Bank ...... Seward ...... NE First National Bank of Unadilla ...... Unadilla ...... NE First National Bank of Valentine ...... Valentine ...... NE Charter West National Bank ...... West Point ...... NE WestStar Bank ...... Bartlesville ...... OK First National Bank of Chelsea ...... Chelsea ...... OK Alfalfa County Bank ...... Cherokee ...... OK Grand Federal Savings Bank ...... Grove ...... OK Green Country FS&LA ...... Miami ...... OK American Fidelity Assurance Company ...... Oklahoma City ...... OK Liberty Bank and Trust of Oklahoma City, N.A...... Oklahoma City ...... OK Weokie Credit Union ...... Oklahoma City ...... OK American National Bank and Trust Company ...... Shawnee ...... OK Liberty Bank and Trust Company of Tulsa, N.A...... Tulsa ...... OK First National Bank & Trust Company ...... Weatherford ...... OK First National Bank in Wewoka ...... Wewoka ...... OK

Federal Home Loan Bank of San FranciscoÐDistrict 11

Heritage Bank ...... Phoenix ...... AZ Norwest Bank Arizona, N.A...... Phoenix ...... AZ Western Sierra National Bank ...... Cameron Park ...... CA First Central Bank, N.A...... Cerritos ...... CA First Pacific National Bank ...... Escondido ...... CA EurekaBank, a FSB ...... Foster City ...... CA Farmers and Merchants Bank Central California ...... Lodi ...... CA Southern Pacific Thrift & Loan Association ...... Los Angeles ...... CA Western Bank ...... Los Angeles ...... CA County Bank ...... Merced ...... CA Standard Pacific Savings, F.A...... Newport Beach ...... CA CivicBank of Commerce ...... Oakland ...... CA Redlands Federal Bank ...... Redlands ...... CA Bay Area Bank ...... Redwood City ...... CA Culver National Bank ...... Riverside ...... CA Central Sierra Bank ...... San Andreas ...... CA Bank of San Francisco ...... San Francisco ...... CA Sequoia National Bank ...... San Francisco ...... CA Santa Barbara Bank and Trust ...... Santa Barbara ...... CA Coast Commercial Bank ...... Santa Cruz ...... CA Del Amo Savings Bank, FSB ...... Torrance ...... CA Comstock Bank ...... Reno ...... NV

Federal Home Loan Bank of SeattleÐDistrict 12

Honolulu City & County Employees FCU ...... Honolulu ...... HI Valley Bank of Belgrade ...... Belgrade ...... MT Citizens Bank and Trust Company ...... Big Timber ...... MT Rocky Mountain Bank ...... Billings ...... MT Blackfeet National Bank ...... Browning ...... MT Citizens State Bank of Choteau ...... Choteau ...... MT Mountain West Bank of Helena, N.A...... Helena ...... MT First Security Bank of Kalispell ...... Kalispell ...... MT Bitterroot Valley Bank ...... Lolo ...... MT Glacier National Bank ...... Whitefish ...... MT Western Bank of Wolf Pointe ...... Wolf Pointe ...... MT First National Bank of Layton ...... Layton ...... UT Orem Community Bank ...... Orem ...... UT Anchor Mutual Savings Bank ...... Aberdeen ...... WA The Bank of Grays Harbor ...... Aberdeen ...... WA Cascade Community Bank ...... Auburn ...... WA Whatcom Educational Credit Union ...... Bellingham ...... WA Security State Bank ...... Centralia ...... WA North Cascades National Bank ...... Chelan ...... WA Bank of Whitman ...... Colfax ...... WA Islanders Bank ...... Friday Harbor ...... WA Bank of Latah ...... Latah ...... WA Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38307

Member City State

Bank of the Pacific ...... Long Beach ...... WA Washington Credit Union ...... Lynnwood ...... WA First National Bank of Port Orchard ...... Port Orchard ...... WA Credit Union of the Pacific ...... Seattle ...... WA North Star Bank ...... Seattle ...... WA WM Life Insurance Company ...... Seattle ...... WA Home Security Bank ...... Sunnyside ...... WA Bank of the West ...... Walla Walla ...... WA Yakima Valley Credit Union ...... Yakima ...... WA First National Bank of Wyoming ...... Laramie ...... WY Bank of Lovell, N.A...... Lovell ...... WY Rawlins National Bank ...... Rawlins ...... WY First State Bank of Wheatland ...... Wheatland ...... WY

II. Public Comments also will be available for inspection at Holding Company, Claremore, To encourage the submission of the offices of the Board of Governors. Oklahoma, is revised to read as follows: public comments on the community Interested persons may express their A. Federal Reserve Bank of Kansas support performance of FHLBank views in writing to the Reserve Bank City (D. Michael Manies, Assistant Vice members, on or before August 1, 1997, indicated for that notice or to the offices President) 925 Grand Avenue, Kansas each FHLBank will notify its Advisory of the Board of Governors. Comments City, Missouri 64198-0001: 1. RCB Holding Company, Claremore, Council and nonprofit housing must be received not later than August Oklahoma; to acquire 100 percent of the developers, community groups, and 1, 1997. voting shares of Northeastern Oklahoma other interested parties in its district of A. Federal Reserve Bank of Atlanta Bancshares, Inc., Inola, Oklahoma, and the members selected for community (Lois Berthaume, Vice President) 104 thereby indirectly acquire Bank of Inola, support review in the 1996–97 sixth Marietta Street, N.W., Atlanta, Georgia Inola, Oklahoma. quarter review cycle. 12 CFR 30303-2713: 1. Harold Edwin McGlasson, Karen Comments on this application must 936.2(b)(2)(ii). In reviewing a member be received by July 25, 1997. for community support compliance, the Jane Veilon McGlasson, and Voorhies & Finance Board will consider any public Labbe Profit Sharing Plan, all of Board of Governors of the Federal Reserve comments it has received concerning Lafayette, Louisiana; each to acquire an System, July 14, 1997. the member. Id. § 936.2(d). To ensure additional 8.62 percent, for a total of Jennifer J. Johnson, consideration by the Finance Board, 32.35 percent each of the voting shares Deputy Secretary of the Board. comments concerning the community of Tri-Parish Bancshares, Ltd., Eunice, [FR Doc. 97–18877 Filed 7–16–97; 8:45 am] Louisiana, and thereby indirectly support performance of members BILLING CODE 6210±01±F selected for the 1996–97 sixth quarter acquire Tri-Parish Bank, Eunice, review cycle must be delivered to the Louisiana. B. Federal Reserve Bank of Chicago Finance Board on or before the FEDERAL RESERVE SYSTEM (Philip Jackson, Applications Officer) September 2, 1997 deadline for 230 South LaSalle Street, Chicago, Formations of, Acquisitions by, and submission of Community Support Illinois 60690-1413: Mergers of Bank Holding Companies Statements. 1. Jackson Boulevard Fund, Ltd., Date: July 9, 1997. Chicago, Illinois; to acquire a total of The companies listed in this notice By the Federal Housing Finance Board. 11.20 percent of the voting shares of have applied to the Board for approval, William W. Ginsberg, Damen Financial Corporation, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) Managing Director. Schaumburg, Illinois, and thereby (BHC Act), Regulation Y (12 CFR Part [FR Doc. 97–18480 Filed 7–16–97; 8:45 am] indirectly acquire Damen National Bank, Schaumburg, Illinois. 225), and all other applicable statutes BILLING CODE 6725±01±P and regulations to become a bank Board of Governors of the Federal Reserve holding company and/or to acquire the System, July 14, 1997. assets or the ownership of, control of, or FEDERAL RESERVE SYSTEM Jennifer J. Johnson, the power to vote shares of a bank or Deputy Secretary of the Board. bank holding company and all of the Change in Bank Control Notices; [FR Doc. 97–18876 Filed 7–16–97; 8:45 am] Acquisitions of Shares of Banks or banks and nonbanking companies BILLING CODE 6210±01±F Bank Holding Companies owned by the bank holding company, including the companies listed below. The notificants listed below have The applications listed below, as well applied under the Change in Bank FEDERAL RESERVE SYSTEM as other related filings required by the Board, are available for immediate Control Act (12 U.S.C. 1817(j)) and § Change in Bank Control Notices; inspection at the Federal Reserve Bank 225.41 of the Board’s Regulation Y (12 Formations of, Acquisitions by, and indicated. The application also will be CFR 225.41) to acquire a bank or bank Mergers of Bank Holding Companies; available for inspection at the offices of holding company. The factors that are Correction considered in acting on the notices are the Board of Governors. Interested set forth in paragraph 7 of the Act (12 This notice corrects a notice (FR Doc. persons may express their views in U.S.C. 1817(j)(7)). 97-18099) published on page 37057 of writing on the standards enumerated in The notices are available for the issue for Thursday, July 10, 1997. the BHC Act (12 U.S.C. 1842(c)). If the immediate inspection at the Federal Under the Federal Reserve Bank of proposal also involves the acquisition of Reserve Bank indicated. The notices Kansas City heading, the entry for RBC a nonbanking company, the review also 38308 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices includes whether the acquisition of the with the standards of section 4 of the morbidity and mortality and improve nonbanking company complies with the BHC Act. the quality of life. This announcement standards in section 4 of the BHC Act. Unless otherwise noted, comments is related to the priority area of Unless otherwise noted, nonbanking regarding the applications must be Immunization and Infectious Diseases. activities will be conducted throughout received at the Reserve Bank indicated (For ordering a copy of Healthy People the United States. or the offices of the Board of Governors 2000, see the section Where To Obtain Unless otherwise noted, comments not later than August 1, 1997. Additional Information.) A. Federal Reserve Bank of Cleveland regarding each of these applications Authority must be received at the Reserve Bank (Jeffery Hirsch, Banking Supervisor) indicated or the offices of the Board of 1455 East Sixth Street, Cleveland, Ohio This program is authorized under Governors not later than August 11, 44101-2566: Sections 301(a), and 317(k)(2) of the 1997. 1. KeyCorp, Cleveland, Ohio; to Public Health Service Act, as amended A. Federal Reserve Bank of Atlanta acquire Key Capital Markets, Inc., [42 U.S.C. 241(a) and 247b(k)(2)]. (Lois Berthaume, Vice President) 104 Cleveland, Ohio and thereby engage in Applicable program regulations are Marietta Street, N.W., Atlanta, Georgia underwriting and dealing in all types of found in 42 CFR Parts 51b and 52, 30303-2713: debt and equity securities (other than Grants for Preventive Health Service 1. Peoples Community Bancshares, ownership interests in open-end and Grants for Research Projects. investment companies) on a limited Inc., Colquitt, Georgia; to acquire 100 Smoke-Free Workplace percent of the voting shares of Farmers basis and to provide such services as are CDC strongly encourages all grant Bank of Malone, Malone, Florida. a necessary incident thereto; See J.P. Morgan & Co., Inc., The Chase recipients to provide a smoke-free B. Federal Reserve Bank of Manhattan Corp., Bankers Trust New workplace and to promote the nonuse of Minneapolis (Karen L. Grandstrand, York Corp, Citicorp and Security Pacific all tobacco products, and Public Law Vice President) 250 Marquette Avenue, Corp., 75 Fed. Res. Bull. 192 (1989); and 103–227, the Pro-Children Act of 1994, Minneapolis, Minnesota 55480-2171: in providing certain financial and prohibits smoking in certain facilities 1. Marquette Bancshares, Inc., investment advisory services, providing that receive Federal funds in which Minneapolis, Minnesota; to acquire 100 certain agency transactional services for education, library, day care, health care, percent of the voting shares of customer investments and engaging in and early childhood development Marquette Bank Rochester, N.A., certain investment transactions and services are provided to children. Rochester, Minnesota. principal, pursuant to §§ 225.28(b)(6), Eligible Applicants Board of Governors of the Federal Reserve (7), and (8) of the Board’s Regulation Y. System, July 14, 1997. Assistance will be provided only to Board of Governors of the Federal Reserve public and private nonprofit Jennifer J. Johnson, System, July 14, 1997. Deputy Secretary of the Board. organizations whose members include Jennifer J. Johnson, representatives of children’s hospitals [FR Doc. 97–18878 Filed 7–16–97; 8:45 am] Deputy Secretary of the Board. BILLING CODE 6210±01±F that have an interest in infection [FR Doc. 97–18879 Filed 7–16–97; 8:45 am] control, hospital epidemiology, BILLING CODE 6210±01±F antimicrobial use and resistance, and FEDERAL RESERVE SYSTEM development and evaluation of benchmark or outcome measurements Notice of Proposals To Engage in DEPARTMENT OF HEALTH AND for patients at children’s hospitals. Permissible Nonbanking Activities or HUMAN SERVICES These organizations must include To Acquire Companies That are members involved with hospitals, Engaged in Permissible Nonbanking Centers for Disease Control and health systems, academic medical Activities Prevention centers, and other entities which [Announcement Number 787] provide both hospital-based medical The companies listed in this notice care and ambulatory care to a defined have given notice under section 4 of the Research and Demonstration pediatric population. Bank Holding Company Act (12 U.S.C. Programs in Surveillance, Prevention, Applicants should demonstrate that 1843) (BHC Act) and Regulation and Control of Healthcare-Associated they have a close relationship with a Y, (12 CFR Part 225) to engage de novo, Infections and Antimicrobial Resistant large number (N>40) of children’s or to acquire or control voting securities Infections at Children's Hospitals hospitals and that infection control or assets of a company that engages personnel at these member hospitals are either directly or through a subsidiary or Introduction interested in participating in other company, in a nonbanking activity The Centers for Disease Control and collaborative research studies to that is listed in § 225.28 of Regulation Prevention (CDC) announces the improve infection control programs in Y (12 CFR 225.28) or that the Board has availability of funds in fiscal year (FY) children’s hospitals. Documentation of determined by Order to be closely 1997 for a cooperative agreement eligibility status including 501(c)(3) related to banking and permissible for program to develop research and certification and listing of 10 or more bank holding companies. Unless demonstration programs in the relationships with children’s hospitals otherwise noted, these activities will be surveillance, prevention, and control of must appear in the Abstract or conducted throughout the United States. healthcare-associated infections, Background and Need sections of Each notice is available for inspection antimicrobial resistant infections, and Application Content. at the Federal Reserve Bank indicated. outcomes research at children’s Note: Effective January 1, 1996, Public Law The notice also will be available for hospitals. 104–65 states that an organization described inspection at the offices of the Board of CDC is committed to achieving the in section 501(c)(4) of the Internal Revenue Governors. Interested persons may health promotion and disease Code of 1986 which engages in Lobbying express their views in writing on the prevention objectives of Healthy People activities shall not be eligible for the receipt question whether the proposal complies 2000, a national activity to reduce of Federal funds constituting an award, grant Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38309

(cooperative agreement), contract, loan, or Congress, * * * except in presentation to the and patient care programs at children’s any other form. Congress or any State legislative body itself. hospitals. (b) No part of any appropriation contained Availability of Funds One of the major challenges to in this Act shall be used to pay the salary or infectious disease and infection control Approximately $200,000 will be expenses of any grant or contract recipient, or agent acting for such recipient, related to personnel at children’s hospitals is the available in FY 1997 to fund one award. any activity designed to influence legislation increase in antimicrobial resistant It is expected that the award will begin or appropriations pending before the pathogens and the increasing on or about September 30, 1997, for a Congress or any State legislature. widespread use of antimicrobials. One 12-month budget period within a project of the patient populations with the period of up to 3 years. Funding Background greatest antimicrobial exposure is the estimate may vary and is subject to Children’s hospitals serve a unique pediatric age group, particularly infants change. population which have very special and young children. In some reports, Continuation awards within the needs. The patient populations served over 50 percent of the antimicrobials project period will be made on the basis by children’s hospitals range in age from used in this population are of satisfactory progress and the birth to adulthood and have a variety of inappropriate. Others have reported that availability of funds. There are no underlying diseases which are very ≤50 percent of infants and children with matching or cost participation different from those seen in adult viral syndromes receive antimicrobials. requirements; however, the applicant’s populations. Furthermore, the infectious Concomitant with this widespread use anticipated contribution to the overall diseases which this population acquire (and misuse) of antimicrobials have program costs, if any, should be and the distribution of antimicrobials been increasing reports of the provided on the application. which they receive differ from that seen emergence of antimicrobial resistance in in adult populations. Thus, the bacterial pathogens colonizing/infecting Use of Funds infections control, infectious disease, this population. In hospitalized Restrictions on Lobbying and quality assurance needs of children, methicillin-resistant children’s hospitals differ from those of Staphylococcus aureus (MRSA), Applicants should be aware of general acute care facilities, whose penicillin-resistant Streptococcus restrictions on the use of Department of patients are primarily adults. pneumoniae (PRP), and vancomycin- Health and Human Services (HHS) The epidemiology of nosocomial resistant enterococcus (VRE) funds for lobbying of Federal or State infections in children differ from adults colonizations/infections are increasing legislative bodies. Under the provisions in both the distribution of infections by and nosocomial outbreaks have been of 31 U.S.C. Section 1352 (which has site and by pathogen. Furthermore, the reported. For all of these pathogens, been in effect since December 23, 1989), risk factors for nosocomial infection antimicrobial use has been a risk factor recipients (and their subtier contractors) differ in children from adults because of for colonization/infection. Furthermore, are prohibited from using appropriated the different types of exposures which the emergence of antimicrobial resistant Federal funds (other than profits from a children have which adults may not pathogens in the hospitalized pediatric Federal contract) for lobbying Congress have. For instance, neonates in patient can lead to further transmission or any Federal agency in connection intensive care units frequently have (and vice versa) in the community, with the award of a particular contract, umbilical artery or venous catheters but particularly day care centers. grant, cooperative agreement, or loan. seldom have urinary catheters whereas Despite the fact that antimicrobial use This includes grants/cooperative adults often have urinary catheters and is a risk factor for colonization/infection agreements that, in whole or in part, never have umbilical catheters. Despite with resistant bacteria, virtually no involve conferences for which Federal the unique and special needs of studies have been conducted assessing funds cannot be used directly or children’s hospital personnel, most the appropriateness of antimicrobial use indirectly to encourage participants to infection control guideline in the pediatric inpatient setting. Such lobby or to instruct participants on how recommendations, the national infection an assessment could lead to targeted to lobby. control surveillance system, intervention programs to reduce In addition, the FY 1997 Departments recommendations for antimicrobial use, inappropriate antimicrobial use and of Labor, HHS, and Education, and and quality of care benchmarks have reduce the pressure for emergence of Related Agencies Appropriations Act, either been developed in or written for antimicrobial pathogens in this which became effective October 1, 1996, general acute care facilities and their population. Conduct of such projects in expressly prohibits the use of 1997 patient populations which are mostly a group of children’s hospitals will appropriated funds for indirect or ‘‘grass adults. lesson the pressure to misuse such Because of the differences in the roots’’ lobbying efforts that are designed antimicrobials at any one institution epidemiology of nosocomial infections, to support or defeat legislation pending and provide a program for all other types of care given, infectious disease before State legislatures. Section 503 of children’s hospitals to follow. which occur, and antimicrobials which Currently, there is no multicenter this new law, as enacted by the these patients receive, there is an urgent pediatric hospital study or surveillance Omnibus Consolidated Appropriations need for the establishment of a pediatric system to monitor the use of Act, 1997, Division A, Title I, Section network so that children’s hospital antimicrobials, determine the 101(e), Pub. L. No. 104–208 (September infection control and quality assurance prevalence of antimicrobial resistant 30, 1996), provides as follows: personnel can develop children-specific pathogens, evaluate the risk factors for Sec. 503(a). No part of any appropriation infection surveillance and control colonization/infection with these contained in this Act shall be used, other programs, identify cost-effective organisms, or develop, implement, or than for normal and recognized executive- infection control prevention assess the efficacy of preventive legislative relationships, for publicity or propaganda purposes, for the preparation, interventions, design systems to interventions in reducing the emergence distribution, or use of any kit, pamphlet, improve antimicrobial use, and develop and transmission of these pathogens in booklet, publication, radio, television, or national benchmarking programs so that pediatric settings. Although there has video presentation designed to support or standards can be developed and used to been a great interest in the pediatric defeat legislation pending before the assess the adequacy of infection control infectious diseases, infection control, 38310 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices and quality assurance community for demonstration to improve the strategies and the dissemination of such a network, sufficient financial surveillance, prevention, and control of educational and training materials. support for such a project has been healthcare-associated infections and 2. Provide assistance to recipients lacking and there has been the need for antimicrobial resistant infections in regarding development of study strong technical assistance from those children’s hospitals. protocols, data collection methods, and with expertise in pediatric infectious analyses as necessary. diseases, infection control and quality Program Requirements 3. Assist in the development of data assurance. A variety of pediatric In conducting activities to achieve the management processes and protocols. infectious diseases groups have urged purpose of this program, the recipients 4. Assist in the analysis of research the Hospital Infections Program (HIP) of will be responsible for conducting information and dissemination of CDC to provide the technical support for activities under Item A., below, and research findings. the establishment of such a network. CDC will be responsible for conducting Technical Reporting Requirements Such a network would be very activities under Item B., below: beneficial to the children’s hospital An original and two copies of an A. Recipient Activities community, pediatric infectious annual performance report and financial diseases and infection control personnel 1. Establish a surveillance system for status report are required no later than and patients receiving care in these antimicrobial resistant pathogens at 90 days after the end of each budget facilities. children’s hospitals. period. A final performance report and Such a network would have a major 2. Assess the relationship between financial status report are due no later influence on pediatric infectious antimicrobial use and the emergence of than 90 days after the end of the project diseases, infection control, and quality antimicrobial resistance, develop period. Please send all reports and other assurance at all hospitals providing care prevention interventions, and assess the correspondence to: Sharron P. Orum, for large numbers of pediatric patients. efficacy of these interventions. Grants Management Officer, For the first time, through coordination 3. Develop and administer Procurement and Grants Office, Centers of multiple children’s hospitals, educational programs to decrease for Disease Control and Prevention recommendations could be made to misuse and improve the appropriateness (CDC), 255 East Paces Ferry Road, NE., personnel at all facilities where of antimicrobial use by clinicians. Mailstop E–18, Room 300, Atlanta, pediatric patients receive care. These 4. Analyze and publish research Georgia 30305. recommendations would include: (1) findings. Application Process methods for surveillance, 2) clinical Activities listed below are optional: practices which improve patient care 5. Assess the relationship between Intent Letter and reduce adverse outcomes, and (3) health care worker (i.e., nursing, In order to assist CDC in planning for appropriate antimicrobial use. These physician, infection control, etc.) and executing the evaluation of national benchmark rates will permit staffing levels and nosocomial infection applications submitted under this accurate and reliable inter-and intra- risk. Program Announcement, all parties hospital comparisons; also, those 6. Conduct cost, cost efficacy and intending to submit an application are facilities which are outliers can evaluate cost-benefit studies to identify the most requested to inform CDC of their differences in practices which may lead useful infection control measures. intention to do so at their earliest to elevated rates of adverse events. Such 7. Develop nosocomial infection convenience prior to the application a network would have an enormous outcome benchmark measurement due date. Notification should include: impact on improving pediatric patient methods to permit valid interhospital (1) Name and address of institution and care in the United States. Current comparison of infection rates. (2) name, address, and telephone pediatric organizations which are very 8. Determine risk factors for number of contact person. Notification interested in initiating such a network nosocomial infection, develop should be provided by facsimile, postal require the technical expertise of the prevention interventions, introduce the mail, or Email to Sharron Orum, Grants HIP of CDC in surveillance, benchmark interventions, and assess their efficacy. Management Officer, Procurement and development, analytic epidemiology 9. Study the effectiveness of Grants Office, Centers for Disease and antimicrobial use evaluation. traditional hospital-based infection Control and Prevention (CDC), 255 East Through partnership between the HIP control methods and practice in Paces Ferry Road, NE., Mailstop E–18, and a group of children’s hospitals, integrated health care delivery systems. Room 300, Atlanta, Georgia 30305, where the interest in developing 10. Develop and study innovative facsimile (404) 842–6513. specific standards and prevention approaches to infection surveillance, interventions for pediatric patients prevention, and control that will Application Content exists, this cooperative agreement can maximize effectiveness. All applicants must develop their have a major impact on reducing 11. Develop and study improved applications in accordance with the morbidity and mortality in children at evaluation methodologies to assess the PHS Form 5161–1 (OMB Number 0937– these hospitals and in providing this effectiveness of prevention and control 0189), information contained in this community with pediatric-specific methods for healthcare-associated announcement, and the instructions surveillance methods, antimicrobial use infections and antimicrobial resistant outlined below. guidelines, benchmarks, and prevention infections. General Instructions interventions. This would be the first B. CDC Activities and only network established 1. All pages must be clearly specifically for the benefit of children’s 1. Provide technical assistance in the numbered. hospitals and their special population. design and conduct of research 2. A complete index to the application activities, in the design and and its appendixes must be included. Purpose implementation of innovative 3. The original and two copies of the The purpose of this cooperative approaches to hospital epidemiologic application must be submitted agreement is to provide assistance in and infection control practice and in the unstapled and unbound. No bound establishing a center for research and design of educational and training materials will be accepted. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38311

4. All materials must be typewritten, Recipient Activities (1–4) and any and administrative) for conducting the single spaced, and in unreduced type optional Activities (if proposing a multi- project. (10 points) (no smaller than font size 12) on 81⁄2′′ year project, provide a detailed b. Extent to which applicant by 11′′ white paper, with at least 1′′ description of first-year activities and a documents that professional personnel margins, headers, and footers. brief overview of activities in involved in the project are qualified and 5. All pages must be printed on one subsequent years. Clearly state the have past experience and achievements side only. proposed length of the project period.) in research related to that proposed as evidenced by curriculum vitae, Specific Instructions Clearly identify specific assigned responsibilities for all key professional publications, etc. (20 points) The application narrative must not personnel. Include a clear description of c. Extent to which applicant includes exceed 10 pages (excluding budget and applicant’s technical approach/methods letters of support from non-applicant appendices). Unless indicated which are directly relevant to the study organizations, individuals, etc. Extent to otherwise, all information requested objectives. Describe specific study which the letters clearly indicate the below must appear in the narrative. protocols or plans for the development author’s commitment to participate as Materials or information that should be of study protocols. Describe the nature described in the operational plan. (10 part of the narrative will not be accepted and extent of collaboration with CDC points). if placed in the appendices. The and/or others during various phases of 3. Objectives and Technical Approach application narrative must contain the the project. Describe in detail a plan for (40 points total): a. Extent to which following sections in the order evaluating study results and for applicant describes specific objectives presented below: evaluating progress toward achieving of the proposed project which are 1. Abstract: Provide a brief (two pages project objectives. consistent with the purpose and goals of maximum) abstract of the project this cooperative agreement program and 5. Budget: Provide in an appendix a including documentation of eligibility which are measurable and time-phased. budget and accompanying detailed status. State the length of the project (10 points) period (maximum is 3 years) for which justification for the first year of the b. Extent to which applicant presents assistance is being requested (see the project that is consistent with the a detailed operational plan for initiating section Availability of Funds for purpose and objectives of this program. and conducting the project, which additional information). Also, provide estimated total budget for clearly and appropriately addresses all 2. Background and Need: Discuss the each subsequent year. If requesting Recipient Activities. Extent to which background and need for the proposed funds for any contracts, provide the applicant clearly identifies specific project. Demonstrate a clear following information for each proposed assigned responsibilities for all key understanding of the purpose and contract: (a) Name of proposed professional personnel. Extent to which objectives of this cooperative agreement contractor, (b) breakdown and the plan clearly describes applicant’s program. Illustrate and justify the need justification for estimated costs, (c) technical approach/methods for for the proposed project that is description and scope of activities to be conducting the proposed studies and consistent with the purpose and performed by contractor, (d) period of extent to which the plan is adequate to objectives of this cooperative agreement performance, and (e) method of accomplish the objectives. Extent to program. contractor selection (e.g., sole-source or which applicant describes specific 3. Capacity and Personnel: Describe competitive solicitation). study protocols or plans for the applicant’s past experience in 6. Human Subjects: Whether or not development of study protocols that are conducting projects/studies similar to exempt from Department of Health and appropriate for achieving project that being proposed. Describe applicants Human Services (DHHS) regulations, if objectives. The degree to which the resources, facilities, and professional the proposed project involves human applicant has met the CDC policy personnel that will be involved in subjects, describe in an appendix requirements regarding the inclusion of conducting the project. Include in an adequate procedures for the protection women, ethnic, and racial groups in appendix curriculum vitae for all of human subjects. Also, ensure that proposed research. This includes: (1) professional personnel involved with women, racial and ethnic minority The proposed plan for the inclusion of the project. Describe plans for populations are appropriately both sexes and racial and ethnic administration of the project and represented in applications for research minority populations for appropriate identify administrative resources/ involving human beings. representation; (2) the proposed personnel that will be assigned to the Evaluation Criteria justification when representation is project. Provide in an appendix letters limited or absent; (3) a statement as to of support from all key participating The applications will be reviewed and whether the design of the study is non-applicant organizations, evaluated according to the following adequate to measure differences when individuals, etc., which clearly indicate criteria: (Total 100 points) warranted; and (4) documentation of their commitment to participate as 1. Background and Need (20 points): plans for recruitment and outreach for described in the operational plans. Do Extent to which applicant’s discussion study participants that includes the not include letters of support from CDC of the background for the proposed process of establishing partnerships personnel. Letters of support from CDC project demonstrates a clear with community(ies) and recognition of will not be accepted in the application. understanding of the purpose and mutual benefits. (15 points) 4. Objectives and Technical objectives of this cooperative agreement c. Extent to which applicant describes Approach: Describe specific objectives program. Extent to which applicant adequate and appropriate collaboration for the proposed project which are illustrates and justifies the need for the with CDC and/or others during various measurable and time-phased and are proposed project that is consistent with phases of the project. (10 points) consistent with the purpose and goals of the purpose and objectives of this d. Extent to which applicant provides this cooperative agreement. Present a cooperative agreement program. a detailed and adequate plan for detailed operational plan for initiating 2. Capacity (40 points total): a. Extent evaluating study results and for and conducting the project which to which applicant describes adequate evaluating progress toward achieving clearly and appropriately addresses resources and facilities (both technical project objectives. (5 points) 38312 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

4. Budget (not scored): Extent to appropriate guidelines and form Where To Obtain Additional which the proposed budget is provided in the application kit. Information reasonable, clearly justifiable, and Women, Racial and Ethnic Minorities consistent with the intended use of To receive additional written cooperative agreement funds. It is the policy of the Centers for information call (404) 332–4561. You 5. Human Subjects Research (not Disease Control and Prevention (CDC) will be asked to leave your name, scored): If the proposed project involves and the Agency for Toxic Substances address, and telephone number and will human subjects, whether or not exempt and Disease Registry (ATSDR) to ensure need to refer to Announcement Number from the DHHS regulations, the extent that individuals of both sexes and the 787. You will receive a complete to which adequate procedures are various racial and ethnic groups will be program description, information on described for the protection of human included in CDC/ATSDR-supported application procedures, and application subjects. Note: Objective Review Group research projects involving human forms. (ORG) recommendations on the subjects, whenever feasible and If you have questions after reviewing adequacy of protections include: (a) appropriate. Racial and ethnic groups the contents of all documents, business protections appear adequate and there are those defined in OMB Directive No. management technical assistance may are no comments to make or concerns to 15 and include American Indian, be obtained from Locke Thompson, raise, (b) protections appear adequate, Alaskan Native, Asian, Pacific Islander, Grants Management Specialist, Grants but there are comments regarding the Black and Hispanic. Applicants shall Management Branch, Procurement and protocol, (c) protections appear ensure that women, racial and ethnic inadequate and the ORG has concerns minority populations are appropriately Grants Office, Centers for Disease related to human subjects, (d) represented in applications for research Control and Prevention (CDC), 255 East disapproval of the application is involving human subjects. Where clear Paces Ferry Road, NE., Mailstop E–18, recommended because the research and compelling rationale exist that Room 300, Atlanta, Georgia 30305, risks are sufficiently serious and inclusion is inappropriate or not telephone (404) 842–6595 or through protection against the risks are feasible, this situation must be the Internet or CDC WONDER electronic inadequate as to make the entire explained as part of the application. mail at: [email protected]. Programmatic application unacceptable. This policy does not apply to research technical assistance may be obtained from William R. Jarvis, M.D., Hospital Executive Order 12372 Review studies when the investigator cannot control the race, ethnicity and/or sex of Infections Program, National Center for This program is not subject to review subjects. Further guidance to this policy Infectious Diseases, Centers for Disease by Executive Order 12372. is contained in the Federal Register, Control and Prevention (CDC), 1600 Vol. 60, No. 179, pages 47947–47951, Public Health System Reporting Clifton Road, Mailstop A–07, Atlanta, dated Friday, September 15, 1995. Requirement Georgia 30333, telephone (404) 639– Application Submission and Deadline 6413. This program is not subject to the You may obtain this and other CDC Public Health System Reporting The original and two copies of the Requirement. announcements from one of two application Form PHS–5161–1 (OMB Internet sites on the actual publication Catalog of Federal Domestic Assistance Number 0937–0189) must be submitted date: CDC’s homepage at http:// to Sharron P. Orum, Grants Management Number www.cdc.gov or at the Government Officer, Grants Management Branch, Printing Office homepage (including The Catalog of Federal Domestic Procurement and Grants Office, Centers Assistance Number is 93.283. for Disease Control and Prevention free on-line access to the Federal Register at http://www.access.gpo.gov). Other Requirements (CDC), 255 East Paces Ferry Road, NE., Mailstop E–18, Atlanta, Georgia 30305, Please refer to Program Paperwork Reduction Act on or before August 22, 1997. Announcement Number 787 when Projects that involve the collection of 1. Deadline: Applications will be requesting information and submitting information from ten or more considered to meet the deadline if they an application on the Request for individuals and funded by the are either: Assistance. cooperative agreement will be subject to a. Received on or before the deadline Potential applicants may obtain a review by the Office of Management and date; or, copy of Healthy People 2000 (Full Budget (OMB) under the Paperwork Report, Stock No. 017–001–00474–0) or Reduction Act. b. Sent on or before the deadline date and received in time for submission to Healthy People 2000 (Summary Report, Human Subjects the independent review group. Stock No. 017–001–00473–1) referenced If the proposed project involves (Applicants must request a legibly dated in the Introduction through the research on human subjects, the U.S. Postal Service postmark or obtain Superintendent of Documents, applicant must comply with the a legibly dated receipt from a Government Printing Office, Department of Health and Human commercial carrier or the U.S. Postal Washington, DC 20402–9325, telephone Services Regulations (45 CFR Part 46) Service. Private metered postmarks will (202) 512-1800. regarding the protection of human not be acceptable proof of timely Dated: July 11, 1997. mailing.) subjects. Assurance must be provided to Joseph R. Carter, demonstrate that the project will be 2. Late Applications: Applications Acting Associate Director for Management subject to initial and continuing review which do not meet the criteria in 1.a. or and Operations, Centers for Disease Control by an appropriate institutional review 1.b. above, will be considered late and Prevention (CDC). committee. The applicant will be applications. Late applications will not [FR Doc. 97–18819 Filed 7–16–97; 8:45 am] responsible for providing evidence of be considered and will be returned to this assurance in accordance with the the applicant. BILLING CODE 4163±18±P Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38313

DEPARTMENT OF HEALTH AND ADOP) and Federal Passport Denial federal payments, such as federal salary HUMAN SERVICES Program. payments, vendor payments, federal OMB No.: New Request. retirement payments, miscellaneous Administration for Children and Description: The Tax Refund Offset payments, etc. This system is a Families Program helps the States recoup partnership with the Office of Child outstanding child support incurred in Support Enforcement, the IRS and Agency Recordkeeping/Reporting welfare cases and assists the States in Financial Management Service, and recovering arrearage for custodial Requirements Under Emergency state child support agencies and parents in non-welfare cases by Review by the Office of Management matches their payment certification and Budget (OMB) offsetting the absent parent’s federal income tax return and applying the records with records of persons delinquent in child support payments. Title: Provision of service in Federal amount offset to the outstanding Tax Refund Offset and Federal arrearage or debt. This year Respondents: States, Puerto Rico, Administrative offset Program (TROP/ Administrative offsets will enhance this Guam, Virgin Islands and the District of collection activity by offsetting other Columbia.

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

Transmission ...... 54 30 2 3,240

Estimated Total Annual Burden Reduction Project, 725 17th Street NW., OMB No.: New Request. Hours: 3,240. Washington, DC 20503, (202) 395–7316. Description: The form provides Additional Information: ACF is Dated: July 14, 1997. specific data regarding claims and requesting that OMB grant a 180-day Robert Driscoll, provides a mechanism for States to approval for this information collection Reports Clearance Officer. request grant awards and certify the under procedures for emergency [FR Doc. 97–18872 Filed 7–16–97; 8:45 am] availability of State matching funds. processing by July 15, 1997. A copy of BILLING CODE 4184±01±M Failure to collect this data would this information collection, with seriously compromise ACF’s ability to applicable supporting documentation, monitor expenditures. This information may be obtained by calling the DEPARTMENT OF HEALTH AND is also used to estimate outlays and may Administration for Children and HUMAN SERVICES be used to prepare ACF budget Families, Reports Clearance Officer, submissions to Congress. Robert Driscoll (202) 401–9313. Administration for Children and Respondents: State, Local or Tribal Comments and questions about the Families Government Columbia. information collection described above Submission for OMB Review; Annual Burden Estimates: should be directed to the Office of Comment Request Information and Regulatory Affairs, Attn: OMB Desk Officer for ACF, Office Title: Child Care and Development of Management and Budget, Paperwork Fund Quarterly Financial Report.

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

ACF±696 ...... 54 4 8 1,728

Estimated Total Annual Burden having its full effect if OMB receives it DEPARTMENT OF HEALTH AND Hours: 1,728. within 30 days of publication. Written HUMAN SERVICES Additional Information: Copies of the comments and recommendations for the proposed collection may be obtained by proposed information collection should Health Care Financing Administration writing to The Administration for be sent directly to the following: Office Children and Families, Office of of Management and Budget, Paperwork [Document Identifier: HCFA±1541 A/B] Information Services, Division of Reduction Project, 725 17th Street, NW., Agency Information Collection Information Resource Management Washington, DC 20503, Attn: Ms. Activities: Proposed Collection; Services, 370 L’Enfant Promenade, SW., Wendy Taylor. Comment Request Washington, DC. 20447, Attn: ACF Dated: July 14, 1997. Reports Clearance Officer. In compliance with the requirement OMB Comment: OMB is required to Robert Driscoll, of section 3506(c)(2)(A) of the make a decision concerning the Reports Clearance Officer. Paperwork Reduction Act of 1995, the collection of information between 30 [FR Doc. 97–18873 Filed 7–16–97; 8:45 am] Health Care Financing Administration and 60 days after publication of this BILLING CODE 4184±01±M (HCFA), Department of Health and document in the Federal Register. Human Services, is publishing the Therefore, a comment is best assured of following summary of proposed 38314 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices collections for public comment. Enterprise Standards, Attention: John improvements in achieving the Interested persons are invited to send Rudolph, Room C2–26–17, 7500 purposes of the Act. comments regarding the burden Security Boulevard, Baltimore, In exercising her discretionary estimate or any other aspect of this Maryland 21244–1850. authority, the Secretary has developed a collection of information, including any Dated: July 11, 1997. number of policies and procedures for of the following subjects: (1) The reviewing proposals. On September 27, John P. Burke III, necessity and utility of the proposed 1994, we published a notice in the information collection for the proper HCFA Reports Clearance Officer, Division of Federal Register (59 FR 49249) that HCFA Enterprise Standards, Health Care performance of the agency’s functions; Financing Administration. specified (1) the principles that we (2) the accuracy of the estimated ordinarily will consider when [FR Doc. 97–18836 Filed 7–16–97; 8:45 am] burden; (3) ways to enhance the quality, approving or disapproving utility, and clarity of the information to BILLING CODE 4120±03±P demonstration projects under the be collected; and (4) the use of authority in section 1115(a) of the Act; automated collection techniques or DEPARTMENT OF HEALTH AND (2) the procedures we expect States to use in involving the public in the other forms of information technology to HUMAN SERVICES minimize the information collection development of proposed demonstration burden. Health Care Financing Administration projects under section 1115; and (3) the Type of Information Collection procedures we ordinarily will follow in Request: Extension of a currently [ORD±101±N] reviewing demonstration proposals. We approved collection; Title of are committed to a thorough and Information Collection: Examination New and Pending Demonstration expeditious review of State requests to and Treatment for Emergency Medical Project Proposals Submitted Pursuant conduct such demonstrations. Conditions and Woman in Labor and to Section 1115(a) of the Social As part of our procedures, we publish Supporting Regulations 42 CFR 489.24; Security Act: May 1997 a notice in the Federal Register with a Form No.: HCFA–1541–A/B (OMB# AGENCY: Health Care Financing monthly listing of all new submissions, 0938–0663); Use: This form is used as Administration (HCFA). pending proposals, approvals, a tool to monitor compliance with 42 ACTION: Notice. disapprovals, and withdrawn proposals. CFR 489.24 and Section 1867 of the Proposals submitted in response to a Social Security Act. This form ensures SUMMARY: One new proposal for a grant solicitation or other competitive that all participating hospitals: (1) Medicaid demonstration project was process are reported as received during Maintain the medical and other records submitted to the Department of Health the month that grant or bid is awarded, for 5 years of individuals transferred to and Human Services during the month so as to prevent interference with the other medical facilities, (2) maintain a of May 1997 under the authority of awards process. list of physicians who are on call for section 1115 of the Social Security Act. II. Listing of New, Pending, Approved, duty after initial examination to provide No proposals were approved, Disapproved, and Withdrawn stabilizing treatment, (3) conspicuously disapproved, or withdrawn during that Proposals for the Month of May 1997 post signs in emergency departments time period. (This notice can be specifying the rights of individuals with accessed on the Internet at http:// A. Comprehensive Health Reform respect to examination and treatment for www.hcfa.gov/ord/sect1115.htm.) Programs emergency medical conditions and COMMENTS: We will accept written 1. New Proposals women in labor, and also informing comments on this proposal. We will, if The following new proposal was whether the hospital participates in the feasible, acknowledge receipt of all Medicaid program; Frequency: On received during the month of May. comments, but we will not provide Demonstration Title/State: ARKids Occasion; Affected Public: State, Local written responses to comments. We or Tribal Government, Individuals or First Program—Arkansas Description: will, however, neither approve nor The State is proposing to expand Households, Business or other for-profit, disapprove any new proposal for at least Not-for-profit institutions, Federal Medicaid eligibility and access to health 30 days after the date of this notice to care services for children age 18 and Government; Number of Respondents: allow time to receive and consider 350; Total Annual Responses: 350; Total under with gross family income at or comments. Direct comments as below 200 percent of the Federal Annual Hours: 87.5. indicated below. To obtain copies of the supporting poverty level. The intent of the waiver ADDRESSES: Mail correspondence to: statement for the proposed paperwork is to cover all children not otherwise Susan Anderson, Office of Research and collections referenced above, access Medicaid eligible at this income level Demonstrations, Health Care Financing HCFA’s WEB SITE ADDRESS at http:// statewide and to expand access to Administration, Mail Stop C3–11–07, www.hcfa.gov/regs/prdact95.htm, or to preventative health care. 7500 Security Boulevard, Baltimore, MD obtain the supporting statement and any Date Received: May 16, 1997. related forms, E-mail your request, 21244–1850. State Contact: Binnie Alberius, including your address and phone FOR FURTHER INFORMATION CONTACT: Arkansas Department of Human number, to [email protected], or call Susan Anderson, (410) 786–3996. Services, Division of Medical Services, the Reports Clearance Office on (410) SUPPLEMENTARY INFORMATION: Donaghey Plaza South, P.O. Box 1437, 786–1326. Written comments and Little Rock, AK 72203–1437, (501) 682– recommendations for the proposed I. Background 8361. information collections must be mailed Under section 1115 of the Social Federal Project Officer: Joan Peterson, within 60 days of this notice directly to Security Act (the Act), the Department Ph.D., Health Care Financing the HCFA Paperwork Clearance Officer of Health and Human Services (HHS) Administration, Office of Research and designated at the following address: may consider and approve research and Demonstrations, Office of State Health HCFA, Office of Information Services, demonstration proposals with a broad Reform Demonstrations, Mail Stop C3– Information Technology Investment range of policy objectives. These 18–26, 7500 Security Boulevard, Management Group, Division of HCFA demonstrations can lead to Baltimore, MD 21244–1850. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38315

2. Pending Proposals Contact Person: Sheri L. Schwartzback, Place: Crystal City Marriott Hotel, 1999 Parklawn, Room 9C–26, 5600 Fishers Lane, Jefferson Davis Highway, Arlington, Virginia Pending proposals for the month of Rockville, MD 20857, Telephone: 301, 443– 22202. April 1997 referenced in the Federal 4843. Contact Person: Dan Matsumoto, Ph.D., Register of June 4, 1997 (62 FR 30604) Committee Name: National Institute of Scientific Review Administrator, Review remain unchanged. Mental Health Special Emphasis Panel. Branch, NIDDK, Natcher Building, Room 6as–37B, National Institutes of Health, 3. Approved Conceptual Proposals Date: July 23, 1997. Time: 2 p.m.. Bethesda, Maryland 20892–6600, Phone: (Award of Waivers Pending) Place: Parklawn, Room 9C–26, 5600 (301) 594–8894. No conceptual proposals were Fishers Lane, Rockville, MD 20857. Purpose/Agenda: To review and evaluate approved during the month of May. Contact Person: Sheri L. Schwartzback, grant applications. Parklawn, Room 9C–26, 5600 Fishers Lane, These meetings will be closed in 4. Approved, Disapproved, and Rockville, MD 20857, Telephone: 301, 443– accordance with the provisions set forth in Withdrawn Proposals 4843. secs. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. No proposals were approved, The meetings will be closed in accordance Applications and/or proposals and the with the provisions set forth in secs. disapproved, or withdrawn during the discussions could reveal confidential trade 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. secrets or commercial property such as month of May. Applications and/or proposals and the patentable material and personal information B. Other Section 1115 Demonstration discussions could reveal confidential trade concerning individuals associated with the secrets or commercial property such as Proposals applications and/or proposals, the disclosure patentable material and personal information of which would constitute a clearly 1. New, Pending, Approved, concerning individuals associated with the unwarranted invasion of personal privacy. Disapproved, and Withdrawn Proposals applications and/or proposals, the disclosure (Catalog of Federal Domestic Assistance of which would constitute a clearly No proposals were received, Program No. 93.847–849, Diabetes, Endocrine unwarranted invasion of personal privacy. and Metabolic Diseases; Digestive Diseases This notice is being published less than approved, disapproved, or withdrawn and Nutrition; and Kidney Diseases, Urology fifteen days prior to the meetings due to the during the month of May. and Hematology Research, National Institutes urgent need to meet timing limitations Pending proposals for the month of of Health) imposed by the review and funding cycle. April 1997 found in the Federal Dated: July 10, 1997. Register of June 4, 1997 (62 FR 30604) (Catalog of Federal Domestic Assistance LaVerne Y. Stringfield, remain unchanged. Program Numbers 93.242, 93.281, 93.282) Dated: July 10, 1997. Committee Management Officer, NIH. III. Requests for Copies of a Proposal LaVerne Y. Stringfield, [FR Doc. 97–18792 Filed 7–16–97; 8:45 am] Requests for copies of a specific Committee Management Officer, NIH. BILLING CODE 4140±01±M Medicaid proposal should be made to [FR Doc. 97–18791 Filed 7–16–97; 8:45 am] the State contact listed for the specific BILLING CODE 4140±01±M proposal. If further help or information DEPARTMENT OF HEALTH AND is needed, inquiries should be directed HUMAN SERVICES to HCFA at the address above. DEPARTMENT OF HEALTH AND National Institutes of Health (Catalog of Federal Domestic Assistance HUMAN SERVICES Program, No. 93.779; Health Financing National Institute of Diabetes and Research, Demonstrations, and Experiments) National Institutes of Health Digestive and Kidney Diseases; Notice Dated: July 8, 1997. of Closed Meeting National Institute of Diabetes and Barbara Cooper, Digestive and Kidney Diseases; Notice Pursuant to Section 10(d) of the Acting Director, Office of Research and of Closed Meetings Federal Advisory Committee Act, as Demonstrations. amended (5 U.S.C. Appendix 2), notice Pursuant to Section 10(d) of the [FR Doc. 97–18875 Filed 7–16–97; 8:45 am] is hereby given of the following Federal Advisory Committee Act, as BILLING CODE 4120±01±P National Institute of Diabetes and amended (5 U.S.C. Appendix 2), notice Digestive and Kidney Diseases Special is hereby given of the following Emphasis Panel meeting: DEPARTMENT OF HEALTH AND National Institute of Diabetes and HUMAN SERVICES Digestive and Kidney Diseases Special Name of SEP: National Institute of Diabetes Emphasis Panel meetings: and Digestive and Kidney Diseases Special National Institutes of Health Emphasis Panel. Name of SEP: Diabetes Research Training Date: August 8, 1997. National Institute of Mental Health; Center (DRTC) Review. Time: 8:30 a.m. Notice of Closed Meetings Date: August 13–14, 1997. Place: Holiday Inn, 5520 Wisconsin Time: 8:00 a.m. Avenue, Chevy Chase, Maryland 20815. Pursuant to Section 10(d) of the Place: Crystal City Marriott Hotel, 1999 Contact Person: Lakshmanan Sankaran, Federal Advisory Committee Act, as Jefferson Davis Highway, Arlington, Virginia Ph.D., Scientific Review Administrator, amended (5 U.S.C. Appendix 2), notice 22202. Review Branch, NIDDK, Natcher Building, Contact Person: Dan Matsumoto, Ph.D., Room 6as-25F, National Institutes of Health, is hereby given of the following Scientific Review Administrator, Review meetings of the National Institute of Bethesda, Maryland 20892–6600, Phone: Branch, NIDDK, Natcher Building, Room (301) 594-7799. Mental Health Special Emphasis Panel: 6as–37B, National Institutes of Health, Purpose/Agenda: To review and evaluate Agenda/Purpose: To review and evaluate Bethesda, Maryland 20892–6600, Phone: grant applications. grant applications. (301) 594–8894. The meeting will be closed in accordance Committee Name: National Institute of Purpose/Agenda: To review and evaluate with the provisions set forth in secs. Mental Health Special Emphasis Panel. grant applications. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Date: July 22, 1997. Name of SEP: Diabetes Endocrinology Applications and/or proposals and the Time: 2 p.m. Research Center (DERC) Review. discussions could reveal confidential trade Place: Parklawn, Room 9C–26, 5600 Date: August 14–15, 1997. secrets or commercial property such as Fishers Lane, Rockville, MD 20857. Time: 12:00 p.m. patentable material and personal information 38316 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices concerning individuals associated with the constitute a clearly unwarranted invasion of applications and/or proposals, the disclosure applications and/or proposals, the disclosure personal privacy. of which would constitute a clearly of which would constitute a clearly (Catalog of Federal Domestic Assistance unwarranted invasion of personal privacy. unwarranted invasion of personal privacy. Program Nos. [93.864, Population and No. (Catalog of Federal Domestic Assistance (Catalog of Federal Domestic Assistance 93.865, Research for Mothers and Children], Program No 93.866, Aging Research, National Program No. 93.847-849, Diabetes, Endocrine National Institutes of Health) Institutes of Health) and Metabolic Diseases; Digestive Diseases Dated: July 10, 1997. and Nutrition; and Kidney Diseases, Urology Dated: July 10, 1997. LaVerne Y. Stringfield, and Hematology Research, National Institutes LaVerne Y. Stringfield, Committee Management Officer, NIH. of Health) Committee Management Officer, NIH. [FR Doc. 97–18794 Filed 7–16–97; 8:45 am] Dated: July 10, 1997. [FR Doc. 97–18795 Filed 7–16–97; 8:45 am] BILLING CODE 4140±01±M LaVerne Y. Stringfield, BILLING CODE 4140±01±M Committee Management Officer, NIH. [FR Doc. 97–18793 Filed 7–16–97; 8:45 am] DEPARTMENT OF HEALTH AND BILLING CODE 4140±01±M HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES National Institute on Aging; Notice of Closed Meetings National Institute of General Medical National Institutes of Health Sciences; Notice of Closed Meeting Pursuant to Section 10(d) of the National Institute of Child Health and Federal Advisory Committee Act, as Pursuant to Section 10(d) of the Human Development; Notice of Closed amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as Meetings is hereby given of the following amended (5 U.S.C. Appendix 2), notice Pursuant to Section 10(d) of the meetings: is hereby given of the following Federal Advisory Committee Act, as Name of SEP: National Institute on Aging advisory committee meeting of the amended (5 U.S.C. Appendix 2), notice Special Emphasis Panel, TSOU—Aging and National Institute of General Medical is hereby given of the following Retinoid Receptors, (Telephone conference). Sciences: Date of Meeting: July 22, 1997. National Institute of Child Health and Committee Name: Special Emphasis Panel— Time of Meeting: 11:00 a.m. to Human Development Special Emphasis Pharmacology. adjournment. Date: August 1, 1997. Panel (SEP) meetings: Place of Meeting: Gateway Building, Room Name of SEP: Neurobiology and Genetics 2C212, 7201 Wisconsin Avenue, Bethesda, Time: 12 Noon—until conclusion. of Autism. Maryland 20892. Place: Telephone Conference, Natcher Date: July 20–21, 1997. Purpose/Agenda: To review an amended Building—Room 1AS–119K, 45 Center Time: July 20—7:00 p.m.–10:00 p.m., July K01 application. Drive, Bethesda, MD 20892–6200. 21—8:00 a.m.–adjournment. Contact Person: Dr.James P. Harwood, Contact Person: Bruce K. Wetzel, Ph.D., Place: Doubletree Hotel-Anaheim, 100 The Scientific Review Administrator, Gateway Scientific Review Administrator, City Drive, Orange, California 92868. Building, Room 2C212, National Institutes of NIGMS, Office of Scientific Review, 45 Contact Person: Norman Chang, Ph.D., Health, Bethesda, Maryland 20892–9205, Center Drive, Room 1AS–19K, Bethesda, Scientific Review Administrator, 6100 (301) 496–9666. MD 20892–6200, 301–594–3907. Executive Boulevard, 6100 Building, Room This notice is being published less than 15 Purpose: To review institutional research 5E03, Rockville, Maryland 20852, Telephone: days prior to the above meeting due to the training grant applications. 301–496–1485. urgent need to meet timing limitations This meeting will be closed in accordance This notice is being published less than 15 imposed by the review and funding cycle. with the provisions set forth in secs. days prior to the above meeting due to the Name of SEP: National Institute on Aging 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. The urgent need to meet timing limitations Special Emphasis Panel, Effect of Calcium discussions of these applications could imposed by the review and funding cycle. and Vitamin D on Bone Loss (Telephone reveal confidential trade secrets or Name of SEP: Somatic Cell Genetic Studies conference). commercial property such as patentable of Down Syndrome. Date of Meeting: August 29, 1997. material and personal information Date: August 3–4, 1997. Time of Meeting: 1:00 p.m. to adjournment. concerning individuals associated with the Time: August 3—7:00 p.m.–10:00 p.m., Place of Meeting: Gateway Building, Room applications, the disclosure of which would August 4—8:00 a.m.–adjournment. 2C212, 7201 Wisconsin Avenue, Bethesda, Place: Loews Giorgio Hotel, 4150 East Maryland 20892. constitute a clearly unwarranted invasion of Mississippi Avenue, Denver, Colorado 80222. Purpose/Agenda: To review a supplement personal privacy. Contact Person: Norman Chang, Ph.D., to an existing STOP/IT grant (U01) to study (Catalog of Federal Domestic Assistance Scientific Review Administrator, NICHD, calcium and vitamin D effects on hip bone Program Nos. 93.821, Biophysics and 6100 Executive Boulevard, 6100 Building, loss. Physiological Sciences; 93.859, Room 5E01, Rockville, Maryland 20852, Contact Person: Dr. Paul H. Lenz, Scientific Pharmacological Sciences; 93.862, Genetics Telephone: 301–496–1485. Review Administrator, Gateway Building, Research; 93.863, Cellular and Molecular Purpose: To evaluate and review grant Room 2C212, National Institutes of Health, Basis of Disease Research; 93.880, Minority applications. Bethesda, Maryland 20892–9205, (301) 496– Access Research Careers [MARC]; and These meetings will be closed in 9666. accordance with the provisions set forth in The meetings will be closed in accordance 93.375, Minority Biomedical Research secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. with the provisions set forth in secs. Support [MBRS].) The discussions of these applications could 552b(c)(4) and 552(b)(c)(6), Title 5, U.S.C. Dated: July 10, 1997. reveal confidential trade secrets or Applications and/or proposals and the LaVerne Y. Stringfield, commercial property such as patentable discussions could reveal confidential trade Committee Management Officer, NIH. material and personal information secrets or commercial property such as concerning individuals associated with the patentable material and personal information [FR Doc. 97–18797 Filed 7–16–97; 8:45 am] applications, the disclosure of which would concerning individuals associated with the BILLING CODE 4140±01±M Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38317

DEPARTMENT OF HEALTH AND is hereby given of the following Place: NIH, Rockledge 2, Room 5114, HUMAN SERVICES National Institute of Child Health and Telephone Conference. Human Development Special Emphasis Contact Person: Dr. Gerald Becker, National Institutes of Health Panel (SEP) meeting: Scientific Review Administrator, 6701 Rockledge Drive, Room 5114, Bethesda, National Institute of General Medical Name of SEP: Specialized Cooperative Maryland 20892, (301) 435–1170. Centers Program in Reproduction Research. Sciences; Notice of Closed Meeting Name of SEP: Biological and Physiological Date: July 23–25, 1997. Sciences. Pursuant to Section 10(d) of the Time: July 23—6:00 p.m.–10:00 p.m.; July Date: July 22, 1997. Federal Advisory Committee Act, as 24—8:30 a.m.–5:00 p.m.; July 25—8:30 a.m.– Time: 12:00 p.m. adjournment. amended (5 U.S.C. Appendix 2), notice Place: Dupont Plaza Hotel, Washington, Place: Hyatt Regency Hotel, One Bethesda DC. is hereby given of the following Metro Center, Bethesda, Maryland 20814. advisory committee meeting of the Contact Person: Dr. Anita Miller-Sostek, Contact Person: A.T. Gregoire, Ph.D., Scientific Review Administrator, 6701 National Institute of General Medical Scientific Review Administrator, NICHD, Rockledge Drive, Room 5202, Bethesda, Sciences: 6100 Executive Boulevard, 6100 Building, Maryland 20892, (301) 435–1260. Room 5E01, Rockville, Maryland 20852, Committee Name: Minority Biomedical Telephone: 301–496–1485. Name of SEP: Behavioral and Research Support Subcommittee (MBRS) Purpose: To evaluate and review grant Neurosciences. Special Emphasis Panel. applications. Date: July 24, 1997. Date: July 21, 1997. This meeting will be closed in accordance Time: 8:30 a.m. Time: 3:00 p.m.-until conclusion. with the provisions set forth in secs. Place: Governor’s House Hotel, Place: Telephone Conference, Natcher 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. The Washington, DC. Building—Room 1 AS–13, 45 Center Drive, discussions of these applications could Contact Person: Dr. Kenneth Newrock, Bethesda, Maryland 20892–6200. reveal confidential trade secrets or Scientific Review Administrator, 6701 Contact Person: Helen R. Sunshine, Ph.D., commercial property such as patentable Rockledge Drive, Room 5186, Bethesda, Scientific Review Administrator, NIGMS, material and personal information Maryland 20892, (301) 435–1252. Office of Scientific Review, 45 Center Drive, concerning individuals associated with the Name of SEP: Biological and Physiological Room 1AS–13, Bethesda, MD 20892–6200, applications, the disclosure of which would Sciences. 301–594–2881. constitute a clearly unwarranted invasion of Date: July 25, 1997. Purpose: To review institutional research personal privacy. Time: 2:00 p.m. training grant applications. This notice is being published less than 15 Place: NIH, Rockledge 2, Room 4208, This notice is being published less than 15 days prior to the meeting due to the urgent Telephone Conference. days prior to the above meeting due to the need to meet timing limitations imposed by Contact Person: Dr. Anita Weinblatt, urgent need to meet timing limitations the review and funding cycle. Scientific Review Administrator, 6701 imposed by the review and funding cycle. (Catalog of Federal Domestic Assistance Rockledge Drive, Room 4208, Bethesda, This meeting will be closed in accordance Maryland 20892, (301) 435–1224. with the provisions set forth in secs. Program Nos. [93.864, Population Research and No. 93.865, Research for Mothers and Name of SEP: Clinical Sciences. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. The Date: July 29, 1997. discussions of these applications could Children], National Institutes of Health) Dated: July 10, 1997. Time: 1:00 p.m. reveal confidential trade secrets or Place: NIH, Rockledge 2, Room 4104, commercial property such as patentable LaVerne Y. Stringfield, Telephone Conference. material and personal information Committee Management Officer, NIH. Contact Person: Dr. Priscilla Chen, concerning individuals associated with the [FR Doc. 97–18799 Filed 7–16–97; 8:45 am] Scientific Review Administrator, 6701 applications, the disclosure of which would BILLING CODE 4140±01±M Rockledge Drive, Room 4104, Bethesda, constitute a clearly unwarranted invasion of Maryland 20892, (301) 435–1786. personal privacy. Name of SEP: Biological and Physiological (Catalog of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Sciences. Program Nos. 93.821, Biophysics and HUMAN SERVICES Date: July 30–August 1, 1997. Physiological Sciences; 93.859, Time: 9:00 a.m. Pharmacological Sciences; 93.862, Genetics National Institutes of Health Place: Hyatt Regency Hotel, Bethesda, Research; 93.863, Cellular and Molecular Maryland. Basis of Disease Research; 93.880, Minority Contact Person: Dr. Cheryl Corsaro, Access Research Careers [MARC]; and Division of Research Grants; Notice of Closed Meetings Scientific Review Administrator, 6701 93.375, Minority Biomedical Research Rockledge Drive, Room 6172, Bethesda, Support [MBRS]) Pursuant to Section 10(d) of the Maryland 20892, (301) 435–1045. Dated: July 10, 1997. Federal Advisory Committee Act, as Name of SEP: Biological and Physiological LaVerne Y. Stringfield, amended (5 U.S.C. Appendix 2), notice Sciences. Committee Management Officer, NIH. is hereby given of the following Division Date: July 30, 1997. Time: 2:00 p.m. [FR Doc. 97–18798 Filed 7–16–97; 8:45 am] of Research Grants Special Emphasis Place: NIH, Rockledge 2, Room 4208, BILLING CODE 4140±01±M Panel (SEP) meetings: Telephone Conference. Purpose/Agenda: To review individual Contact Person: Dr. Anita Weinblatt, grant applications. Scientific Review Administrator, 6701 DEPARTMENT OF HEALTH AND Name of SEP: Clinical Sciences. Rockledge Drive, Room 4208, Bethesda, HUMAN SERVICES Date: July 17, 1997. Maryland 20892, (301) 435–1224. Time: 1:00 p.m. Name of SEP: Microbiological and National Institutes of Health Place: NIH, Rockledge 2, Room 4104, Immunological Sciences. Telephone Conference. Date: July 30, 1997. National Institute of Child Health and Contact Person: Dr. Priscilla Chen, Time: 2:30 p.m. Human Development; Notice of Closed Scientific Review Administrator, 6701 Place: NIH, Rockledge 2, Room 4186, Meeting Rockledge Drive, Room 4104, Bethesda, Telephone Conference. Maryland 20892, (301) 435–1787. Contact Person: Dr. Gerald Liddel, Pursuant to Section 10(d) of the Name of SEP: Multidisciplinary Sciences. Scientific Review Administrator, 6701 Federal Advisory Committee Act, as Date: July 21, 1997. Rockledge Drive, Room 4186, Bethesda, amended (5 U.S.C. Appendix 2), notice Time: 1:00 p.m. Maryland 20892, (301) 435–1150. 38318 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Name of SEP: Clinical Sciences. Name of SEP: Biological and Physiological DEPARTMENT OF HOUSING AND Date: July 31, 1997. Sciences. URBAN DEVELOPMENT Time: 11:00 a.m. Date: August 7, 1997. Place: NIH, Rockledge 2, Room 4140, Time: 1:00 p.m. [Docket No. FR±4196±C±03] Telephone Conference. Place: NIH, Rockledge 2, Room 5200, Combined Notices of Funding Contact Person: Dr. Larry Pinkus, Scientific Telephone Conference. Review Administrator, 6701 Rockledge Drive, Availability for FY 1997 for the Public Contact Person: Dr. Bob Weller, Scientific Room 4140, Bethesda, Maryland 20892, (301) and Indian Housing Economic Review Administrator, 6701 Rockledge Drive, 435–1214. Development and Supportive Services Room 5200, Bethesda, Maryland 20892, (301) Name of SEP: Clinical Sciences. 435–1259. Program and the Tenant Opportunities Date: July 31, 1997. Program Correction Time: 12:00 p.m. Name of SEP: Chemistry and Related Place: NIH, Rockledge 2, Room 4112, Sciences. AGENCY: Office of the Assistant Telephone Conference. Date: August 7, 1997. Secretary for Public and Indian Contact Person: Dr. Gopal Sharma, Time: 2:15 p.m. Housing, HUD. Scientific Review Administrator, 6701 Place: NIH, Rockledge 2, Room 5104, Rockledge Drive, Room 4112, Bethesda, ACTION: Notice of Funding Availability Telephone Conference. Maryland 20892, (301) 435–1783. (NOFA); correction. Contact Person: Dr. Donald Schneider, Name of SEP: Microbiological and Scientific Review Administrator, 6701 SUMMARY: This notice corrects and Immunological Sciences. Date: July 31, 1997. Rockledge Drive, Room 5104, Bethesda, clarifies information that was provided Time: 2:00 p.m. Maryland 20892, (301) 435–1165. in the notice of funding availability Place: NIH, Rockledge 2, Room 4186, Purpose/Agenda: To review Small (NOFA) for fiscal year (FY) 1997 for Telephone Conference. Business Innovation Research. applicants under the Economic Contact Person: Dr. Gerald Liddel, Name of SEP: Microbiological and Development and Supportive Services Scientific Review Administrator, 6701 Immunological Sciences. Program (ED/SS), published in the Rockledge Drive, Room 4186, Bethesda, Date: July 23–24, 1997. Federal Register on June 6, 1997 (62 FR Maryland 20892, (301) 435–1150. Time: 8:30 a.m. 31272). Specifically, this notice (1) Name of SEP: Microbiological and Place: Doubletree Hotel, Rockville, MD. announces a set-aside to an Indian Immunological Sciences. Contact Person: Dr. William Branche, Jr., Housing Authority not funded under the Date: July 31, 1997. Time: 2:30 p.m. Scientific Review Administrator, 6701 FY 1996 NOFA because of a technical Place: NIH, Rockledge 2, Room 4198, Rockledge Drive, Room 4182, Bethesda, computation error, (2) corrects the Telephone Conference. Maryland 20892, (301) 435–1148. Maximum Grant Amounts for Elderly Contact Person: Dr. Mohindar Poonian, This notice is being published less than 15 and Disabled Supportive Services, and Scientific Review Administrator, 6701 days prior to the above meeting due to the (3) clarifies ineligible activities/cost Rockledge Drive, Room 4198, Bethesda, urgent need to meet timing limitations items under the FY 1997 ED/SS Maryland 20892, (301) 435–1218. imposed by the grant review and funding program. Name of SEP: Biological and Physiological cycle. DATES: This notice does not affect the Sciences. Name of SEP: Microbiological and deadline date provided in the June 6, Date: August 1, 1997. Immunological Sciences. 1997 NOFA. Applications must still be Time: 1:00 p.m. Date: July 30, 1997. Place: NIH, Rockledge 2, Room 4208, received on or before the due date of Time: 1:00 p.m. Telephone Conference. August 18, 1997, at the correct local Contact Person: Dr. Anita Weinblatt, Place: NIH, Rockledge 2, Room 4198, HUD Field Office or Area Office of Scientific Review Administrator, 6701 Telephone Conference. Native American Programs (AONAP) Rockledge Drive, Room 4208, Bethesda, Contact Person: Dr. Mohindar Poonian, having jurisdiction over the applicant Maryland 20892, (301) 435–1224. Scientific Review Administrator, 6701 by 3 p.m. (local time). Name of SEP: Clinical Sciences. Rockledge Drive, Room 4198, Bethesda, FOR FURTHER INFORMATION CONTACT: Date: August 4, 1997. Maryland 20892, (301) 435–1218. Time: 10:00 a.m. The meetings will be closed in accordance Maria Queen, Office of Community Place: NIH, Rockledge 2, Room 4126, with the provisions set forth in secs. Relations and Involvement (OCRI), Telephone Conference. 552b(c)(4) and 552b(c)(6), title 5, U.S.C. Room 4106, Department of Housing and Contact Person: Dr. Harold Davidson, Applications and/or proposals and the Urban Development, 451 Seventh Street, Scientific Review Administrator, 6701 discussions could reveal confidential trade SW., Washington, DC 20410; telephone Rockledge Drive, Room 4216, Bethesda, secrets or commercial property such as number, (202) 708–4214. (This is not a Maryland 20892, (301) 435–1776. patentable material and personal information toll-free number). Name of SEP: Biological and Physiological concerning individuals associated with the Tracy Outlaw, National ONAP, 1999 Sciences. applications and/or proposals, the disclosure Broadway, Suite 3390, Denver, CO Date: August 4, 1997. 80302; telephone number, (303) 675– Time: 1:00 p.m. of which would constitute a clearly Place: NIH, Rockledge 2, Room 5200, unwarranted invasion of personal privacy. 1600. (This is not a toll-free number.) Telephone Conference. (Catalog of Federal Domestic Assistance Hearing or speech-impaired persons Contact Person: Dr. Bob Weller, Scientific Program Nos. 93.306, 93.333, 93.337, 93.393– may use the Telecommunications Review Administrator, 6701 Rockledge Drive, 93.396, 93.837–93.844, 93.846–93.892, Devises for the Deaf (TDD) by contacting Room 5200, Bethesda, Maryland 20892, (301) 93,893, National Institutes of Health, HHS) the Federal Information Relay Services 435–1259. on 1–800–877–TDDY (1–800–877–8339) Dated: July 10, 1997. Name of SEP: Clinical Sciences. or 202–708–9300 (not a toll-free Date: August 5, 1997. LaVerne Y. Stringfield, number) for information on the Time: 8:00 a.m. Committee Management Officer, NIH. program. Place: Holiday Inn, Chevy Chase, MD. [FR Doc. 97–18796 Filed 7–16–97; 8:45 am] Contact Person: Dr. Gopal Sharma, SUPPLEMENTARY INFORMATION: On June 6, Scientific Review Administrator, 6701 BILLING CODE 4140±01±M 1997 (62 FR 31272), HUD published in Rockledge Drive, Room 4112, Bethesda, the Federal Register the Combined Maryland 20892, (301) 435–1783. Notices of Funding Availability for Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38319

Fiscal Year 1997 for the Public and 3. On page 31283, third column, Seventh Street, SW, Room 6142, Indian Housing Economic Development under Section VI, add a new paragraph Washington, DC 20410; telephone and Supportive Services Program and (k) to read as follows: number (202) 708–2300 x2651. (This the Tenant Opportunities Program. The ‘‘(k) Ineligible Activities. Program number is not toll-free.) NOFA announced the availability of a funds may not be used for the following: SUPPLEMENTARY INFORMATION: State total of $62.225 million in grant funds (1) Purchase or rental of land or Historic Preservation Officer Letters. for the two programs and set forth the buildings or any improvements to land The Department published the NOFA application requirements and or buildings. for Supportive Housing for the Elderly procedures. This notice amends the (2) Building materials and and NOFA for Supportive Housing for June 6, 1997 NOFA for the following construction costs. Persons with Disabilities on May 27, reasons: (3) Payment of wages and/or salaries 1997 at 62 FR 28762 and 28776, (1) To announce a set-aside to for the to participants receiving supportive respectively. Under each NOFA, Seminole Tribe of Florida because it services and/or training programs, sponsors are required to submit with was not funded under the FY 1996 except that grant funds may be used to their applications a letter from the State NOFA for this program because of a hire a resident(s) to coordinate/provide Historic Preservation Officer (SHPO) technical computation error. services (i.e., Service Coordinators, indicating whether their proposed (2) To make a correction to the Counselors, etc.) and or to coordinate/ site(s) may involve or affect historic Maximum Grant Amounts section of the provide training program activities.’’ properties. This was a good faith effort NOFA for Elderly and Disabled Dated: July 14, 1997. and attempt on the part of the Supportive Services category in order to Kevin Emanuel Marchman, Department to assist all parties remain consistent with the Family Acting Assistant Secretary for Public and concerned in expediting the historic Economic Development and Supportive Indian Housing. preservation review and determination Services Category. [FR Doc. 97–18953 Filed 7–15–97; 10:51 am] portion of the environmental clearance (3) To clarify what are ineligible BILLING CODE 4210±33±P process. Some State Historic activities/cost items under the FY 1997 Preservation Officers have indicated ED/SS program. that they will not participate in this Accordingly, FR Doc. 97–14812, the DEPARTMENT OF HOUSING AND early alert and identification endeavor. Combined Notices of Funding URBAN DEVELOPMENT In those instances, sponsors must Availability for Fiscal Year 1997 for the include a letter with their applications [Docket Nos. FR±4202±C±02 and 4231±C± explaining that they attempted to get the Public and Indian Housing Economic 02] Development and Supportive Services required letter but the SHPO would not Program and the Tenant Opportunities Notice of Funding Availability (NOFA) honor or recognize their request for Program, published in the Federal for Supportive Housing for the Elderly information and attach a copy of their Register on June 6, 1997 (62 FR 31272), and Notice of Funding Availability for letter request to the SHPO. If available, is amended as follows: Supportive Housing for Persons With a copy of the SHPO’s letter responding 1. On page 31278, first column, under Disabilities; Clarification and to the Sponsor’s request should also be Section VI, paragraph (a), Purpose and Correction included in the submission. In such Description, subparagraph (2) ‘‘Funding cases, the Field Office must process the AGENCY: Available’’ is revised to add at the end Office of the Assistant application in accordance with the the following sentence: Secretary for Housing-Federal Housing standard environmental review Commissioner, HUD. ‘‘Of the $42.25 million total current procedures in place prior to the NOFA funds, $1,000,000 has been set-aside for ACTION: Notices of funding availability publication (i.e., file with the SHPO, the Seminole Tribe of Florida, which (NOFAs) for Fiscal Year (FY) 1997; allow time for a response from the was not funded in the FY 1996 funding Clarification and Correction. SHPO and then make the appropriate cycle because of a technical finding, which must be received prior to SUMMARY: The Department published convening of the Rating Panel). computation error, and up to $41.25 NOFAs in the Federal Register of May million is being made available under 27, 1997 concerning, respectively, Correction this NOFA.’’ supportive housing for the elderly and In the notice FR Doc. 97–13728 2. On page 31278, middle column, supportive housing for persons with (NOFA for Supportive Housing for the under Section VI, subparagraph (d)(2) is disabilities. This notice provides Elderly), beginning on page 28762 in the revised to read as follows: additional guidance for applicants that issue of May 27, 1997, make the ‘‘(2) For Elderly or Disabled experience difficulty in obtaining letters following corrections: Supportive Services category—no more from State Historic Preservation 1. On page 28762, first column, under than $250 per unit up to the below Officers. It also makes two corrections to the ADDRESSES caption, correct the first listed maximums: each of these NOFAs. It corrects the sentence to read as follows: (i) For HAs with 1 to 217 units address for the HUD Connecticut State ‘‘Applications must be delivered to the occupied by elderly residents or persons Office. It instructs applicants proposing Director of the Multifamily Housing with disabilities, the maximum grant projects within Washington State to Division in the HUD Office for your award is $54,250. submit their applications to the Oregon jurisdiction, except for projects (ii) For HAs with 218 to 1,155 units State Office, which will be conducting proposed to be located within the occupied by Elderly residents or the review and selection process on jurisdiction of the Washington State persons with disabilities, the maximum behalf of the Washington State Office. Office, you must submit your grant award is $200,000. FOR FURTHER INFORMATION CONTACT: application to the Oregon State Office.’’; (iii) For HAs with 1,156 or more units Georgia Yeck, Acting Director, New 2. On page 28773, second column, in occupied by elderly residents or persons Products Division, Office of Multifamily Appendix B—HUD Offices, correct the with disabilities, the maximum grant Housing Development, Department of address of the Connecticut State Office award is $300,000. Housing and Urban Development, 451 to read as follows: 38320 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

‘‘CONNECTICUT STATE OFFICE The applicant requests a permit to re- Applicant/ Population PRT± One Corporate Center, 19th Floor, import from Australia tissue samples of address Tartaruga (Podocnemis expansa), Hartford, CT 06103, (860) 240–4800’’; Brinton Jones, McClintock 831715 and collected in Brazil, for the purposes of scientific research. Grand Forks, Channel. 3. On page 28774, third column, ND. under Appendix B—HUD Office, PRT–831912 Jan Seski, ...... do ...... 830808 remove the heading, address and phone Applicant: Michael Webster, State University Murrysville, PA. number for the Washington State Office. at Buffalo, Buffalo, NY. Christopher Har- Southern 829688 In the notice FR Doc. 97–13729 vey, Ormond Beaufort. (NOFA for Supportive Housing for The applicant requests a permit to Beach, FL. Persons with Disabilities), beginning on import hair, bone, teeth, skin, and tissue Luis Bacardi, ...... do ...... 831868 page 28776 in the issue of May 27, 1997, samples of Argali (Ovis ammon) Coral Gable, FL. make the following corrections: salvaged from animals that died from Robert Killett, Foxe Basin .... 831926 4. On page 28776, first column, under natural causes or from hunting trophies Sykesville, MD. the ADDRESSES caption, correct the first in China, for the purposes of scientific sentence to read as follows: research. Written data or comments, requests ‘‘Applications must be delivered to the PRT–824210 for copies of the complete applications, Director of the Multifamily Housing Applicant: Don Melnick, Columbia or requests for a public hearing on any Division in the HUD Office for your University, New York, NY. of these applications for marine jurisdiction, except for projects mammal permits should be sent to the proposed to be located within the The applicant requests a permit to U.S. Fish and Wildlife Service, Office of jurisdiction of the Washington State import blood, tissue, hair and fecal Management Authority, 4401 N. Fairfax Office, you must submit your samples collected from endangered and Drive, Room 430, Arlington, Virginia application to the Oregon State Office.’’; threatened primates held in captivity in 22203, telephone 703/358–2104 or fax 5. On page 28788, second column, in Malaysia, and Indonesia, for the 703/358–2281 and must be received purposes of scientific research. Appendix B—HUD Offices, correct the within 30 days of the date of publication address of the Connecticut State Office The public is invited to comment on of this notice. Anyone requesting a to read as follows: the following application(s) for permits hearing should give specific reasons ‘‘CONNECTICUT STATE OFFICE to conduct certain activities with marine why a hearing would be appropriate. mammals. The application(s) was/were One Corporate Center, 19th Floor, The holding of such hearing is at the submitted to satisfy requirements of the discretion of the Director. Hartford, CT 06103, (860) 240–4800’’; Marine Mammal Protection Act of 1972, and as amended (16 U.S.C. 1361 et seq.) and Documents and other information 6. On page 28789, third column, the regulations governing marine submitted with all of the applications under Appendix B—HUD Office, mammals (50 CFR 18). listed in this notice are available for remove the heading, address and phone review, subject to the requirements of PRT–831922 number for the Washington State Office. the Privacy Act and Freedom of Applicant: Sea Research Foundation, Mystic Information Act, by any party who Authority: Section 202, Housing Act of CT. 1959, as amended (12 U.S.C. 1701q); Section submits a written request for a copy of 811, National Affordable Housing Act, as Type of Permit: Import for Scientific such documents within 30 days of the amended (42 U.S.C. 1803); and Section 7(d), Research. date of publication of this notice at the Department of Housing and Urban Name and Number of Animals: polar above address. Development Act (42 U.S.C. 3535(d)). bear (Ursus maritimus), 200 samples. Dated: July 14, 1997. Dated: July 11, 1997. Nicolas P. Retsinas, Summary of Activity to be Karen Anderson, Authorized: The applicant has requested Assistant Secretary for Housing-Federal Acting Chief, Branch of Permits, Office of Housing Commissioner. a permit for import of up to 200 serum Management Authority. samples previously obtained by [FR Doc. 97–18945 Filed 7–15–97; 9:23 am] [FR Doc. 97–18803 Filed 7–16–97; 8:45 am] Canadian researchers, for the purposes BILLING CODE 4210±27±P of scientific research related to BILLING CODE 4310±55±P morbillivirus infection. DEPARTMENT OF THE INTERIOR Source of Marine Mammals for DEPARTMENT OF INTERIOR Research: Canada as described above. Fish and Wildlife Service Period of Activity: five years from Fish and Wildlife Service issuance date of the permit, if issued. Notice of Receipt of Applications for Issuance of Permits for Marine Permit Concurrent with the publication of Mammals this notice in the Federal Register, the The following applicants have Office of Management Authority is On May 15, 1997, a notice was applied for a permit to conduct certain forwarding copies of this application to published in the Federal Register, Vol. activities with endangered species. This the Marine Mammal Commission and 62, No. 94, Page 26813, that an notice is provided pursuant to Section the Committee of Scientific Advisors for application had been filed with the Fish their review. 10(c) of the Endangered Species Act of and Wildlife Service by the following 1973, as amended (16 U.S.C. 1531, et The following applicants have each individual for a permit to import a seq.): requested a permit to import a sport- sport-hunted polar bear (Ursus PRT–831500 hunted polar bear (Ursus maritimus) maritimus) from Canada for personal Applicant: Jack Sites, Bringham Young from the Northwest Territories, Canada use. University, Provo, UT. for personal use. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38321

held at the White River Resource Area, Dated: July 11, 1997. Applicant/ Population PRT± address Bureau of Land Management office. Ken R. Drew, DATE: August 22, 1997; 7:00 p.m. Acting Field Manager, Phoenix Field Office. Ronald Baetens, Northern 829285 [FR Doc. 97–18931 Filed 7–16–97; 8:45 am] Waterford, CT. Beaufort. FOR FURTHER INFORMATION CONTACT: Ken Johnson, Southern Valerie Dobrich, Natural Resource BILLING CODE 4310±32±P Menomonee Beaufort Specialist, telephone (970) 878–3601, Falls, WI. 829284. (FTS) 700–386–5539. DEPARTMENT OF JUSTICE Dated: July 11, 1997. On May 23, 1997, a notice was Robert W. Schneider, published in the Federal Register, Vol. Civil Rights Division 62, No. 100, Page 28493, that an Associate District Manager. Agency Information Collection application had been filed with the Fish [FR Doc. 97–18856 Filed 7–16–97; 8:45 am] Activities: Extension of Existing and Wildlife Service by the following BILLING CODE 4310±JB±P±M Collection; Comment Request individual for a permit to import a sport-hunted polar bear (Ursus ACTION: Notice of Information Collection DEPARTMENT OF THE INTERIOR maritimus) from Canada for personal Under Review; Procedures for the use. Bureau of Land Management Administration of Section 5 of the Voting Rights Act of 1965. Applicant/ address Population PRT± [AZ±020±97±1430±01; AZA±29074] Office of Management and Budget Arizona, Notice of Application for (OMB) approval is being sought for the Gary Yackel/Hem- Northern 829152 information collection listed below. lock, MI. Beaufort. Conveyance of Federally-Owned Mineral Interests, Segregation This proposed information collection Robert ...... do ...... 829155 was previously published in the Federal Nancarrow, Extended Frankenmuth, Register, and 60 days for public MI. AGENCY: Bureau of Land Management. comment were allowed. Everett Pannkuk, McClintock 828866 ACTION: Segregation Extension. The purpose of this notice is to allow Jr., Raleigh, NC. Channel. an additional 30 days for public SUMMARY: AZA–29074. Pursuant to comments, until August 18, 1997. This Notice is hereby given that on July 2, section 209 of the Federal Land Policy process is conducted in accordance with 1997 and July 3, 1997, as authorized by and Management Act of 1976 (43 U.S.C. 5 CFR Part 1320.10. Written comments the provisions of the Marine Mammal 1719), the segregation on the following and/or suggestions regarding the item(s) Protection Act of 1972, as amended (16 lands is extended for W.J. and Betty Lo contained in this notice, especially U.S.C. 1361 et seq.) the Fish and Wells, for the mineral estate described regarding the estimated public burden Wildlife Service authorized the as follows: and associated response time, should be directed to the Office of Management requested permits subject to certain Gila and Salt River Meridian, Arizona conditions set forth therein. and Budget, Office of Information and Documents and other information T. 16 N., R. 1 E., Regulatory Affairs, Attention: Sec. 7, lots 4–14, N1⁄2NE1⁄4, SE1⁄4NE1⁄4, Department of Justice Desk Officer, submitted for these applications are 1 1 E ⁄2SE ⁄4. Washington, DC, 20503. Additionally, available for review by any party who T. 17 N., R. 1 W., submits a written request to the U.S. Sec. 7, lots 9 and 10. comments may be submitted to OMB via facsimile to 202–395–7285. Comments Fish and Wildlife Service, Office of Sec. 8, lot 3, SW1⁄4NW1⁄4, SW1⁄4. Management Authority, 4401 North Sec. 17, W1⁄2. may also be submitted to the Fairfax Drive, Rm 430, Arlington, Sec. 18, lots 1–4, E1⁄2, E1⁄2W1⁄2. Department of Justice (DOJ), Justice Virginia 22203. Phone (703) 358–2104 Sec. 19, lots 1–4, E1⁄2, E1⁄2W1⁄2. Management Division, Information 1 1 1 or Fax (703) 358–2281. Sec. 20, NW ⁄4, W ⁄2SW ⁄4. Management and Security Staff, T. 17 N., R. 2 W., Attention: Department Clearance Dated: July 11, 1997. Sec. 13, E1⁄2, E1⁄2W1⁄2, NW1⁄4NW1⁄4. Officer, Suite 850, 1001 G Street, NW, Karen Anderson, Sec. 23, SW1⁄4NE1⁄4, S1⁄2NW1⁄4, SW1⁄4, Washington, DC, 20530. Additionally, 1 1 1 1 Acting Chief, Branch of Permits, Office of W ⁄2SE ⁄4, SE ⁄4SE ⁄4. comments may be submitted to DOJ via Management Authority. Sec. 24, E1⁄2, E1⁄2W1⁄2, W1⁄2SW1⁄4. Sec. 25, All. facsimile to 202–514–1534. Written [FR Doc. 97–18802 Filed 7–16–97; 8:45 am] comments and suggestions from the Sec. 26, N1⁄2N1⁄2, SE1⁄4NE1⁄4, SE1⁄4SW1⁄4, BILLING CODE 4310±55±U SE1⁄4SE1⁄4SE1⁄4. public and affected agencies should Sec. 35, NE1⁄4, E1⁄2NW1⁄4, SW1⁄4SW1⁄4, address one or more of the following N1⁄2SE1⁄4, SE1⁄4SE1⁄4. points: DEPARTMENT OF THE INTERIOR (1) Evaluate whether the proposed Upon publication of this notice in the collection of information is necessary Bureau of Land Management Federal Register, the mineral interest for the proper performance of the described above will be segregated from [CO±010±07±1060±00] functions of the agency/component, the mining and mineral leasing laws. including whether the information will The segregation shall terminate upon Notice of Public Hearing have practical utility; issuance of a patent, upon final rejection (2) Evaluate the accuracy of the AGENCY: White River Resource Area, of the application, or two years from the agency’s/component’s estimate of the Bureau of Land Management, DOI. publication date, whichever occurs first. burden of the proposed collection of ACTION: Notice of Public Hearing. FOR FURTHER INFORMATION CONTACT: information, including the validity of Vivian Reid, Land Law Examiner, the methodology and assumptions used; SUMMARY: A public hearing on the use Phoenix Field Office, 2015 West Deer (3) Enhance the quality, utility, and of helicopters in wild horse roundup Valley Road, Phoenix, Arizona 85027, clarity of the information to be activities in 1997 in Colorado, will be (602) 780–8090. collected; and 38322 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

(4) Minimize the burden of the DEPARTMENT OF JUSTICE costs), payable to the Consent Decree collection of information on those who Library. are to respond, including through the Extension of Comment Period for Bruce S. Gelber, use of appropriate automated, Comments Regarding the Lodging of a Deputy Chief, Environmental Enforcement electronic, mechanical, or other Consent Decree Pursuant to the Section, Environment and Natural Resources technological collection techniques or Comprehensive Environmental Division. other forms of information technology, Response, Compensation, and Liability [FR Doc. 97–18800 Filed 7–16–97; 8:45 am] e.g., permitting electronic submission of Act of 1980 (``CERCLA''), 42 U.S.C. BILLING CODE 4410±15±M responses. § 9601 et seq. Overview of this information Notice is hereby given that a proposed DEPARTMENT OF JUSTICE collection: First Amendment to Consent Decree in (1) Type of Information Collection: United States v. Westinghouse Electric Immigration and Naturalization Service Extension of a currently approved Corporation, Civil Action Nos. IP 83–9– Agency Information Collection collection. C and IP 81–448–C, was lodged on June Activities: Proposed Collection; (2) Title of the Form/Collection: 3, 1997, with the United States District Comment Request Procedures for the Administration of Court for the Southern District of Section 5 of the Voting Rights Act of Indiana. ACTION: Request OMB Approve an 1965, 28 CFR Part 51. The proposed amendment to consent Emergency Extension; Application to File Declaration of Intention. (3) Agency form number, if any, and decree provides for the performance of the applicable component of the a removal action with respect to the The Department of Justice, Department sponsoring the collection: sludge drying beds and sludge digesters Immigration and Naturalization Service No form; Voting Section, Civil Rights at the Winston-Thomas Wastewater has submitted the following information Division. Treatment Facility, located in collection request utilizing emergency Bloomington, Indiana. The proposed (4) Affected public who will be asked review procedures, to the Office of amendment leaves all other portions of or required to respond, as well as a brief Management and Budget (OMB) for the consent decree, originally lodged abstract: Primary: State or Local review and clearance in accordance with the Court on August 22, 1985, with the Paperwork Reduction Act of Government. Other: None. Jurisdictions unchanged. specially covered under the Voting 1995. OMB approval has been requested by July 31, 1997. If granted, the Rights Act are required to obtain On June 9, 1997, The Department of emergency approval is only valid for 90 preclearance from the Attorney General Justice commenced a thirty day period to receive comments relating to the days. Comments should be directed to before instituting changes affecting OMB, Office of Information and voting. They must convince the proposed consent decree. This period will be extended, and the Department of Regulatory Affairs, Attention: Ms. Debra Attorney General that voting changes Bond, 202–395–7316, Department of are not racially discriminatory. The Justice will review comments that are received by the Department on or before Justice Desk Officer, Washington, DC Procedures facilitate the provision of July 25, 1997. Comments should be 20503. information that will enable the addressed to the Assistant Attorney During the first 60 days of this same Attorney General to make the required General for the Environment and period a regular review of this determination. Natural Resources Division, Department information collection is also being (5) An estimate of the total number of of Justice, Washington, D.C. 20530, and undertaken. Comments are encouraged respondents and the amount of time should refer to United States v. and will be accepted until September estimated for an average respondent to Westinghouse Electric Corporation, DOJ 15, 1997. Written comments and respond: 4,727 responses per year Ref. #90–7–1–212A. suggestions from the public and affected (10,103 respondents making an average agencies concerning the proposed The proposed amendment to consent collection of information should address of 0.47 responses per year), with the decree may be examined at the office of average response requiring 10.02 hours. one or more of the following four points. the United States Attorney, Southern (1) Evaluate whether the proposed (6) An estimate of the total public District of Indiana, U.S. Courthouse, 46 collection of information is necessary burden (in hours) associated with the East Ohio St., 5th Floor, Indianapolis, for the proper performance of the collection: 47,365 burden hours. Indiana 46204–1986; the Region 5 Office functions of the agency, including Public comment on this proposed of the Environmental Protection whether the information will have information collection is strongly Agency, 77 West Jackson Boulevard, practical utility; encouraged. Chicago, Illinois 60604; the Monroe (2) Evaluate the accuracy of the County Library, 303 East Kirkwood agencies estimate of the burden of the Dated: July 14, 1997. Ave., Bloomington, Indiana 47408; and proposed collection of information, Robert B. Briggs, at the Consent Decree Library, 1120 G including the validity of the Department Clearance Officer, United States Street, N.W., 4th Floor, Washington, methodology and assumptions used; Department of Justice. D.C. 20005, (202) 624–0892. A copy of (3) Enhance the quality, utility, and [FR Doc. 97–18816 Filed 7–16–97; 8:45 am] the proposed amendment to consent clarity of the information to be BILLING CODE 4410±13±M decree may be obtained in person or by collected; and mail from the Consent Decree Library, (4) Minimize the burden of the 1120 G Street, N.W., 4th Floor, collection of information on those who Washington, D.C. 20005. In requesting a are to respond, including through the copy please refer to the referenced case use of appropriate automated, and enclose a check in the amount of electronic, mechanical, or other $2.50 (25 cents per page reproduction technological collection techniques or Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38323 other forms of information technology, DEPARTMENT OF JUSTICE (2) Title of the Form/Collection: e.g., permitting electronic submission of Petition to Remove the Conditions on responses. Immigration and Naturalization Service Residence. (3) Agency form number, if any, and Overview of This Information Agency Information Collection the applicable component of the Collection Activities: Proposed Collection; Department of Justice sponsoring the Comment Request (1) Type of Information Collection: collection: Form I–751. Adjudications Division, Immigration and Extension of currently approved ACTION: Request OMB Approve an Naturalization Service. information collection. Emergency Extension; Petition to (4) Affected public who will be asked Remove the Conditions on Residence. (2) Title of the Form/Collection: or required to respond, as well as a brief Application to File Declaration of The Department of Justice, abstract: Primary: Individuals or Intention. Immigration and Naturalization Service Households. Aliens granted conditional (3) Agency form number, if any, and hassubmitted the following information residence through marriage to a United the applicable component of the collection request utilizing emergency States citizen or permanent resident use Department of Justice sponsoring the review procedures, to the Office of this information collection to petition collection: For N–300. Adjudications Management and Budget (OMB) for for the removal of those conditions. Division, Immigration and review and clearance in accordance (5) An estimate of the total number of respondents and the amount of time Naturalization Service. with the Paperwork Reduction Act of 1995. OMB approval has been requested estimated for an average respondent to (4) Affected public who will be asked respond: 128,889 respondents at 80 or required to respond, as well as a brief by July 31, 1997. If granted, the emergency approval is only valid for 90 minutes (1.33) hours per response. abstract: Primary: Individuals or days. Comments should be directed to (6) An estimate of the total public Households. This collection is used by OMB, Office of Information and burden (in hours) associated with the the Service to determine eligibility for a Regulatory Affairs, Attention: Ms. Debra collection: 171,422 annual burden declaration of intention to become a Bond, 202–395–7316, Department of hours. If you have additional comments, citizen of the United States. Justice Desk Officer, Washington, DC suggestions, or need a copy of the (5) An estimate of the total number of 20503. respondents and the amount of time proposed information collection During the first 60 days of this same instrument with instructions, or estimated for an average respondent to period a regular review of this additional information, please contact respond: 1,015 respondents at 45 information collection is also being Mr. Richard A. Sloan, 202–616–7600, minutes (.75) hours per response. undertaken. Comments are encourage Director, Policy Directives and (6) An estimate of the total public and will be accepted until September Instructions Branch, Immigration and burden (in hours) associated with the 15, 1997. Written comments and Naturalization Service, U.S. Department collection: 761 annual burden hours. suggestions from the public and affected of Justice, Room 5307, 425 I Street, NW., agencies concerning the proposed Washington, DC 20536. If you have additional comments, collection of information should address suggestions, or need a copy of the If additional information is required one or more of the following four points. contact: Mr. Robert B. Briggs, Clearance proposed information collection (1) Evaluate whether the proposed instrument with instructions, or Officer, United States Department of collection of information is necessary Justice, Information Management and additional information, please contact for the proper performance of the Security Staff, Justice Management Mr. Richard A. Sloan, 202–616–7600, functions of the agency, including Division, Suite 850, Washington Center, Director, Policy Directives and whether the information will have 1001 G Street, NW., Washington, DC Instructions Branch, Immigration and practical utility; 20530. Naturalization Service, U.S. Department (2) Evaluate the accuracy of the Dated: July 14, 1997. of Justice, Room 5307, 425 I Street, NW., agencies estimate of the burden of the Robert B. Briggs, Washington, DC 20536. proposed collection of information, including the validity of the Department Clearance Officer, United States If additional information is required Department of Justice. contact: Mr. Robert B. Briggs, Clearance methodology and assumptions used; [FR Doc. 97–18810 Filed 7–16–97; 8:45 am] Officer, United States Department of (3) Enhance the quality, utility, and BILLING CODE 4410±18±M Justice, Information Management and clarity of the information to be Security Staff, Justice Management collected; and Division, Suite 850, Washington Center, (4) Minimize the burden of the DEPARTMENT OF JUSTICE 1001 G Street, NW., Washington, DC collection of information on those who 20530. are to respond, including through the Immigration and Naturalization Service Dated: July 14, 1997. use of appropriate automated, electronic, mechanical, or other Agency Information Collection Robert B. Briggs, technological collection techniques or Activities: Proposed Collection; Department Clearance Officer, United States other forms of information technology, Comment Request Department of Justice. e.g., permitting electronic submission of ACTION: Request OMB approve an [FR Doc. 97–18809 Filed 7–16–97; 8:45 am] responses, emergency extension; application for BILLING CODE 4410±18±M Overview of This Information action on an approved application or Collection petition. (1) Tye of Information Collection: The Department of Justice, Extension of currently approved Immigration and Naturalization Service information collection. has submitted the following information 38324 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices collection request utilizing emergency status so family members can apply for During the first 60 days of this same review procedures, to the Office of derivative immigrant visa and to request period a regulator review of this Management and Budget (OMB) for another U.S. Consulate be notified that information collection is also being review and clearance in accordance a petition has been approved. undertaken. Comments are encouraged with the Paperwork Reduction act of (5) An estimate of the total number of and will be accepted until September 1995. OMB approval has been requested respondents and the amount of time 15, 1997. Written comments and by July 31, 1997. If granted, the estimated for an average respondent to suggestions from the public and affected emergency approval is only valid for 90 respond: 43,772 respondents at 25 agencies concerning the proposed days. Comments should be directed to minutes (.416) hours per response. collection of information should address OMB, Office of Information and (6) An estimate of the total public one or more of the following four points. Regulatory Affairs, Attention: Ms. Debra burden (in hours) associated with the (1) Evaluate whether the proposed Bond, 202–395–7316, Department of collection: 18,209 annual burden hours. collection of information is necessary Justice Desk Officer, Washington, DC If you have additional comments, for the proper performance of the 20503. suggestions, or need a copy of the functions of the agency, including During the first 60 days of this same proposed information collection whether the information will have period a regular review of this instrument with instructions, or practical utility; information collection is also being additional information, please contact (2) Evaluate the accuracy of the undertaken. Comments are encouraged Mr. Richard A. Sloan, 202–616–7600, agencies estimate of the burden of the and will be accepted until September Director, Policy Directives and proposed collection of information, 15, 1997. Written comments and Instructions Branch, Immigration and including the validity of the suggestions from the public and affected Naturalization Service, U.S. Department methodology and assumptions used; agencies concerning the proposed of Justice, Room 5307, 425 I Street, NW., (3) Enhance the quality, utility, and collection of information should address Washington DC 20536. clarity of the information to be one or more of the following four points. If additional information is required collection; and (1) Evaluate whether the proposed contact: Mr. Robert B. Briggs, Clearance (4) Minimize the burden of the collection of information is necessary Officer, United States Department of collection of information on those who for the proper performance of the Justice, Information Management and are to respond, including through the functions of the agency, including Security Staff, Justice Management use of appropriate automated, whether the information will have Division, Suite 850, Washington Center, electronic, mechanical, or other practical utility; 1001 G Street, NW., Washington, DC technological collection techniques or (2) Evaluate the accuracy of the 20530. other forms of information technology, agencies estimate of the burden of the Dated: July 14, 1997. e.g., permitting electronic submission proposed collection of information, Robert B. Briggs, responses. including the validity of the methodology and assumptions used; Department Clearance Officer, United States Overview of This Information (3) Enhance the quality, utility, and Department of Justice. Collection clarity of the information to be [FR Doc. 97–18811 Filed 7–16–97; 8:45 am] BILLING CODE 4410±18±M (1) Type of Information Collection: collected; and Extension of currently approved (4) Minimize the burden of the information collection. collection of information on those who (2) Title of the Form/Collection: are to respond, including through the DEPARTMENT OF JUSTICE Application for Replacement/Initial use of appropriate automated, Immigration and Naturalization Service Nonimmigration Arrival-Departure electronic, mechanical, or other Document. technological collection techniques or Agency Information Collection (3) Agency form number, if any, and other forms of information technology, Activities: Proposed Collection; the applicable component of the e.g., permitting electronic submission of Comment Request Department of Justice sponsoring the responses. ACTION: Request OMB To approve an collection: Form I–102. Adjudications Overview of This Information emergency extension; application for Division, Immigration and Collection replacement/Initial nonimmigrant Naturalization Service. (1) Type of Information Collection: arrival-departure document. (4) Affected public who will be asked Extension of currently approved or required to respond, as well as a brief information collection. The Department of Justice, abstract: Primary: Individuals or (2) Title of the Form/Collection: Immigration and Naturalization Service Households. The form is used by an Application for Action on an Approved has submitted the following information alien temporarily residing in the United Application or Petition. collection request utilizing emergency States whose evidence of registration (3) Agency form number, if any, and review procedures, to the Office of has been lost, mutilated or destroyed. the applicable component of the Management and Budget (OMB) for This form will be used by an alien to Department of Justice sponsoring the review and clearance in accordance request a replacement of his or her collection: Form I–824. Adjudications with the Paperwork Reduction Act of arrival evidence; and by the Division, Immigration and 1995. OMB approval has been requested Immigration and Naturalization Service Naturalization Service. by July 31, 1997. If granted, the to verify status and to determine (4) Affected public who will be asked emergency approval is only valid for 90 eligibility of an applicant for said or required to respond, as well as a brief days. Comments should be directed to replacement. abstract: Primary: Individuals or OMB, Office of Information and (5) An estimate of the total number of Households. This form is used to Regulatory Affairs, Attention: Ms. Debra respondents and the amount of time request a duplicate approval notice, to Bond, 202–395–7316, Department of estimated for an average respondent to notify the U.S. Consulate that a person Justice Desk Officer, Washington, DC respond: 20,000 respondents at 25 has been adjusted to permanent resident 20503. minutes (.416) hours per response. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38325

(6) An estimate of the total public collection of information should address If additional information is required burden (in hours) associated with the one or more of the following four points. contact: Mr. Robert B. Briggs, Clearance collection: 8,320 annual burden hours. (1) Evaluate whether the proposed Officer, United States Department of If you have additional comments, collection of information is necessary Justice, Information Management and suggestions, or need a copy of the for the proper performance of the Security Staff, Justice Management proposed information collection functions of the agency, including Division, Suite 850, Washington Center, instrument with instructions, or whether the information will have 1001 G Street, NW., Washington, DC additional information, please contact practical utility; 20530. (2) Evaluate the accuracy of the Mr. Richard A. Sloan, 202–616–7600, Dated: July 14, 1997. Director, Policy Directives and agencies’ estimate of the burden of the proposed collection of information, Robert B. Briggs, Instructions Branch, Immigration and Department Clearance Officer, United States Naturalization Service, U.S. Department including the validity of the methodology and assumptions used; Department of Justice. of Justice, Room 5307, 425 I Street, NW., [FR Doc. 97–18813 Filed 7–16–97; 8:45 am] Washington, DC 20536. (3) Enhance the quality, utility, and clarity of the information to be BILLING CODE 4410±18±M If additional information is required collected; and contact: Mr. Robert B. Briggs, Clearance (4) Minimize the burden of the Officer, United States Department of collection of information on those who DEPARTMENT OF JUSTICE Justice, Information Management and are to respond, including through the Security Staff, Justice Management use of appropriate automated, Immigration and Naturalization Service Division, Suite 850, Washington Center, electronic, mechanical, or other Agency Information Collection 1001 G Street, NW., Washington, DC technological collection techniques or Activities: Proposed Collection; 20530. other forms of information technology, Comment Request Dated: July 14, 1997. e.g., permitting electronic submission of Robert B. Briggs, responses. ACTION: Request OMB Approve an Department Clearance Officer, United States Overview of This Information Emergency Extension; Application for Department of Justice. Collection Issuance or Replacement of Northern [FR Doc. 97–18812 Filed 7–16–97; 8:45 am] Mariana Card. BILLING CODE 4410±18±M (1) Type of Information Collection: Extension of currently approved information collection. The Department of Justice, Immigration and Naturalization Service DEPARTMENT OF JUSTICE (2) Title of the Form/Collection: Application for Replacement has submitted the following information Immigration and Naturalization Service Naturalization/Citizenship Document. collection request utilizing emergency (3) Agency form number, if any, and review procedures, to the Office of Agency Information Collection the applicable component of the Management and Budget (OMB) for Activities: Proposed Collection; Department of Justice sponsoring the review and clearance in accordance Comment Request collection: Form N–565. Adjudications with the Paperwork Reduction Act of Division, Immigration and 1995. OMB approval has been requested ACTION: Request OMB Approve an Naturalization Service. by July 31, 1997. If granted, the Emergency Extension; Application for (4) Affected public who will be asked emergency approval is only valid for 90 Replacement Naturalization/Citizenship or required to respond, as well as a brief days. Comments should be directed to Document. abstract: Primary: Individuals or OMB, Office of Information and Households. This form is used to apply Regulatory Affairs, Attention: Ms. Debra The Department of Justice, for a replacement of a Declaration of Bond, 202–395–7316, Department of Immigration and Naturalization Service Intention, Naturalization Certificate, Justice Desk Officer, Washington, DC has submitted the following information Certificate of Citizenship or Repatriation 20503. collection request utilizing emergency Certificate, or to apply for a special During the first 60 days of this same review procedures, to the Office of certificate of naturalization recognized period a regular review of this Management and Budget (OMB) for by a foreign country. information collection is also being review and clearance in accordance (5) An estimate of the total number of undertaken. Comments are encourage with the Paperwork Reduction Act of respondents and the amount of time and will be accepted until September 1995. OMB approval has been requested estimated for an average respondent to 15, 1997. Written comments and by July 31, 1997. If granted, the respond: 18,000 respondents at 55 suggestions from the public and affected emergency approval is only valid for 90 minutes (.916) hours per response. agencies concerning the proposed days. Comments should be directed to (6) An estimate of the total public collection of information should address OMB, Office of Information and burden (in hours) associated with the one or more of the following four points. Regulatory Affairs, Attention: Ms. Debra collection: 16,488 annual burden hours. Bond, 202–395–7316, Department of If you have additional comments, (1) Evaluate whether the proposed Justice Desk Officer, Washington, DC suggestions, or need a copy of the collection of information is necessary 20503. proposed information collection for the proper performance of the During the first 60 days of this same instrument with instructions, or functions of the agency, including period a regular review of this additional information, please contact whether the information will have information collection is also being Mr. Richard A. Sloan, 202–616–7600, practical utility; undertaken. Comments are encouraged Director, Policy Directives and (2) Evaluate the accuracy of the and will be accepted until September Instructions Branch, Immigration and agencies estimate of the burden of the 15, 1997. Written comments and Naturalization Service, U.S. Department proposed collection of information, suggestions from the public and affected of Justice, Room 5307, 425 I Street, NW., including the validity of the agencies concerning the proposed Washington, DC 20536. methodology and assumptions used; 38326 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

(3) Enhance the quality, utility, and DEPARTMENT OF JUSTICE (4) Minimize the burden of the clarity of the information to be collection of information on those who collected; and Immigration and Naturalization Service are to respond, including through the (4) Minimize the burden of the use of appropriate automated, collection of information on those who Agency Information Collection electronic, mechanical, or other are to respond, including through the Activities: Extension of Existing technological collection techniques or use of appropriate automated, Collection; Comment Request other forms of information technology, electronic, mechanical, or other ACTION: Notice of Information Collection e.g., permitting electronic submission of technological collection techniques or Under Review; Certificate of Eligibility responses. other forms of information technology, for Nonimmigrant Student (F–1/M–1); e.g., permitting electronic submission of Overview of This Information Status for Academic, Language, and Collection responses. Vocational Students (Pilot). (1) Type of information collection: Overview of This Information Office of Management and Budget Extension of a currently approved Collection (OMB) approval is being sought for the collection. (1) Type of Information Collection: information collection listed below. (2) The title of the form/collection: Extension of currently approved This proposed information collection Certificate of Eligibility for information collection. was previously published in the Federal Nonimmigrant Student F–1–M–1); (2) Title of the Form/Collection: Register on February 11, 1997 at 62 FR Status for Academic, Language, and Application for Issuance or 6271, allowing for an emergency review Vocational Students (Pilot). Replacement of Northern Mariana Card. with a 60-day public comment period. (3) The agency form number, if any, (3) Agency form number, if any, and One public comment was received by and the applicable component of the the applicable component of the the Immigration and Naturalization Department sponsoring the collection: Department of Justice sponsoring the Service (INS). The INS has responded to Form I–20P, Adjudications Division, collection: Form I–777. Adjudications those comments. The purpose of this Immigration and Naturalization Service. Division, Immigration and notice is to allow an additional 30 days (4) Affected public who will be asked Naturalization Service. for public comments from the date or required to respond, as well as a brief (4) Affected public who will be asked listed at the top of this page in the abstract: Primary: Not-for-profit or required to respond, as well as a brief Federal Register. This process is institutions, Business or other for profit. abstract: Primary: Individuals or conducted in accordance with 5 CFR The information collection is used by Households. Applicants may apply for a Part 1320.10. the INS to electronically collect and Northern Mariana identification card if Written comments and/or suggestions submit information in a limited pilot they received United States citizenship regarding the item(s) contained in this environment, from nonimmigrant pursuant to Pub. L. 94–241 (Covenant to notice, especially regarding the students attending schools in the U.S. in Establish a Commonwealth of the estimated public burden and associated order that INS can monitor the student’s Northern Mariana Island). response time, should be directed to the immigration status and ensure that the (5) An estimate of the total number of Office of Management and Budget, students maintain the conditions respondents and the amount of time Office of Regulatory Affairs, Attention: imposed by their nonimmigrant status estimated for an average respondent to Department of Justice Desk Officer, while attending school. respond: 100 respondents at 30 minutes Washington, DC 20530. Additionally, (5) An estimate of the total number of (.5) hours per response. comments may be submitted to OMB via respondents and the amount of time (6) An estimate of the total public facsimile to 202–395–7285. Comments estimated for an average respondent to burden (in hours) associated with the may also be submitted to the respond: 20,000 responses at 50 minutes collection: 50 annual burden hours. (.833 hours) per response. If you have additional comments, Department of Justice (DOJ), Justice (6) an estimate of the total public suggestions, or need a copy of the Management Division, Information burden (in hours) associated with the proposed information collection Management and Security Staff, Attention: Department Clearance collection: 16,600 annual burden hours. instrument with instructions, or If you have additional comments, additional information, please contact Officer, Suite 850, 1001 G Street, NW., Washington, DC 20530. Additionally, suggestions, or need a copy of the Mr. Richard A. Sloan, 202–616–7600, proposed information collection director, Policy Directives and comments may be submitted to DOJ via facsimile to 202–514–1534. instrument with instructions, or Instructions Branch, Immigration and additional information, please contact naturalization Service, U.S. Department Written comments and suggestions Richard A. Sloan, Director, Policy of Justice, Room 5307, 425 I Street, NW., from the public and affected agencies Directives and Instructions Branch, Washington, DC 20536. should address one or more of the If additional information is required following points: Immigration and Naturalization Service, contact: Mr. Robert B. Briggs, Clearance (1) Evaluate whether the proposed U.S. Department of Justice, 425 I Street, Officer, United States Department of collection of information is necessary NW., Room 5307, Washington, DC Justice, Information Management and for the proper performance of the 20536 (202–514–3291). Additionally, Security Staff, Justice Management functions of the agency/component, comments and/or suggestions regarding Division, Suite 850, Washington Center, including whether the information will the item(s) contained in this notice, 1001 G Street, NW., Washington, DC have practical utility; especially regarding the estimated 20530. (2) Evaluate the accuracy of the public burden and associated response agencies/components estimate of the time may also be directed to Mr. Dated: July 14, 1997. burden of the proposed collection of Richard A. Sloan. Robert B. Briggs, information, including the validity of If additional information is required Department Clearance Officer, United States the methodology and assumptions used; contact: Mr. Robert Briggs, Clearance Department of Justice. (3) Enhance the quality, utility, and Officer, United States Department of [FR Doc. 97–18814 Filed 7–16–97; 8:45 am] clarity of the information to be Justice, Information Management and BILLING CODE 4410±18±M collected; and Security Staff, Justice Management Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38327

Division, Suite 850, Washington Center, submission was filed with the NAO on effective enforcement by each Party, of 1001 G Street, NW., Washington, DC May 16, 1997, by Human Rights Watch its labor law. 20530. (HRW), the International Labor Rights Accordingly, the submission has been Dated: July 14, 1997. Fund (ILRF), and the National accepted for review. The NAO’s Robert B. Briggs, Association of Democratic Lawyers decision is not intended to indicate any (ANAD) of Mexico and raises issues of Deparment Clearance Officer, United States determination as to the validity or Department of Justice. discrimination against women workers accuracy of the Allegations contained in and women job applicants in Mexico. [FR Doc. 97–18815 Filed 7–16–97; 8:45 am] the submission. Article 16(3) of the North American The objectives of the review will be to BILLING CODE 4410±18±M Agreement on Labor Cooperation gather information to assist the NAO to (NAALC) provides for the review of better understand and publicly report labor law matters in Canada and Mexico DEPARTMENT OF LABOR on the Government of Mexico’s by the NAO. The objectives of the compliance with the obligations agreed Labor Advisory Committee for Trade review of the submission will be to to under Articles 3 and 4 of the NAALC. Negotiations and Trade Policy; gather information to assist the NAO to The review will focus on compliance Meeting Notice better understand and publicly report with, and effective enforcement of, labor on the Government of Mexico’s laws that provide protection against Pursuant to the provisions of the compliance with the obligations set employment discrimination. The review Federal Advisory Committee Act (Pub. forth in Articles 3 and 4 of the NAALC. will also focus on the access to the L. 92–463 as amended), notice is hereby EFFECTIVE DATE: July 14, 1997. appropriate tribunals or other given of a meeting of the Steering FOR FURTHER INFORMATION CONTACT: government bodies by workers who Subcommittee of the Labor Advisory Irasema T. Garza, Secretary, U.S. believe they have been discriminated Committee for Trade Negotiations and National Administrative Office, against. The review will be completed, Trade Policy. Department of Labor, 200 Constitution and a public report issued, within 120 Date, time and place: July 23, 1997, 10:00 Avenue, N.W., Room C–4327, days, or 180 days if circumstances am., U.S. Department of Labor, Room S– Washington, D.C. 20210. Telephone: require an extension of time, as set out 1011, 200 Constitution Ave., NW, (202) 501–6653 (this is not a toll-free in the procedural guidelines of the Washington, D.C. 20210. number). NAO. Purpose: The meeting will include a SUPPLEMENTARY INFORMATION: On May review and discussion of current issues Signed at Washington, D.C. on July 14, which influence U.S. trade policy. Potential 16, 1997, HRW, the ILRF, and ANAD 1997. U.S. negotiating objectives and bargaining filed a submission with the NAO Irasema T. Garza, positions in current and anticipated trade concerning allegations involving Secretary, U.S. National Administrative negotiations will be discussed. Pursuant to discrimination against women workers Office. section 9(B) of the Government in the and women job applicants in Mexico’s [FR Doc. 97–18837 Filed 7–16–97; 8:45 am] Sunshine Act, 5 U.S.C. 552b(c)(9)(B) it has export processing (maquiladora) sector. been determined that the meeting will be The submission contains information BILLING CODE 4510±28±M concerned with matters the disclosure of that women are required to undergo pre which would seriously compromise the Government’s negotiating objectives or and post employment pregnancy bargaining positions. Accordingly, the screening as a condition of employment NATIONAL ARCHIVES AND RECORDS meeting will be closed to the public. and that pregnant women are denied ADMINISTRATION For further information, contact: Jorge employment or pressured into resigning Perez-Lopez, Director, Office of International from their jobs. Records Schedules; Availability and Economic Affairs, Phone: (202) 219–7597. The procedural guidelines for the Request for Comments Signed at Washington, D.C. this 11th day NAO, published in the Federal Register of July 1997. on April 7, 1994, 59 FR 16660, specify AGENCY: National Archives and Records Andrew J. Samet, that, in general, the Secretary of the Administration, Office of Records Acting Deputy Under Secretary, International NAO shall accept a submission for Services. Affairs. review if it raises issues relevant to ACTION: Notice of availability of [FR Doc. 97–18839 Filed 7–16–97; 8:45 am] labor law matters in Canada or Mexico proposed records schedules; request for BILLING CODE 4510±28±M and if a review would further the comments. objectives of the NAALC. The guidelines permit the NAO to decline to SUMMARY: The National Archives and DEPARTMENT OF LABOR review a submission if, inter alia, the Records Administration (NARA) submission is not sufficiently specific to publishes notice at least once monthly Office of the Secretary determine the nature of the request and of certain Federal agency requests for permit an appropriate review. records disposition authority (records Bureau of International Labor Affairs; Submission #9701 relates to labor law schedules). Records schedules identify U.S. National Administrative Office; matters. A review would appear to records of sufficient value to warrant North American Agreement on Labor further the objectives of the NAALC, as preservation in the National Archives of Cooperation; Notice of Determination set out in Article 1, which includes the United States. Schedules also Regarding Review of Submission improving working conditions and authorize agencies after a specified # 9701 living standards in each Party’s period to dispose of records lacking AGENCY: Office of the Secretary, Labor. territory; promoting, to the maximum administrative, legal, research, or other ACTION: Notice. extent possible, the labor principles set value. Notice is published for records out in Annex 1 of the NAALC, among schedules that propose the destruction SUMMARY: The U.S. National them the elimination of employment of records not previously authorized for Administrative Office (NAO) gives discrimination on the basis of race, disposal, or reduce the retention period notice that on July 14, 1997, Submission religion, age, sex or other grounds; and for records already authorized for #9701 was accepted for review. The promoting compliance with, and disposal. NARA invites public 38328 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices comments on such schedules, as the disposition process will be fur Advisory Committee on Preservation in required by 44 U.S.C. 3303a(a). nished to each requester. correspondence dated May 16, 1997. The Archivist of the United States has DATES: Requests for copies must be Schedules Pending received in writing on or before determined that the renewal of the September 2, 1997. Once the appraisal 1. Department of Agriculture, Grain Advisory Committee on Preservation is of the records is completed, NARA will Inspection, Packers and Stockyards in the public interest due to the send a copy of the schedule. The Administration (N1–463–97–1). Grain expertise and valuable advice the requester will be given 30 days to elevator monitoring records produced committee members provide on submit comments. by automated weighing systems and technical preservation issues affecting closed circuit television systems. Federal records of all types of media. ADDRESSES: Address requests for single 2. Department of Health and Human NARA uses the Committee’s copies of schedules identified in this Services, Working Group on Welfare recommendations in NARA’s notice to the Civilian Appraisal Staff Reform, Family Support and implementation of strategies for (NWRC), National Archives and Records Independence (N1–220–97–10). preserving the permanently valuable Administration, 8601 Adelphi Road Administrative records, reference files, records of the Federal Government. College Park, MD 20740–6001. and some public correspondence Requesters must cite the control number (substantive program records are Dated: July 10, 1997. assigned to each schedule when designated for permanent retention). John W. Carlin, requesting a copy. The control number 3. Department of Housing and Urban Archivist of the United States. appears in the parentheses immediately Development (N1–207–97–3). [FR Doc. 97–18807 Filed 7–16–97; 8:45 am] after the name of the requesting agency. Applications and supporting documents BILLING CODE 7515±01±P FOR FURTHER INFORMATION CONTACT: for J–1 waiver recommendation files. Michael L. Miller, Director, Records 4. Department of Justice, Immigration Management Programs, National and Naturalization Service (N1–85–97– Archives and Records Administration, 3). Field office records of the Employer NATIONAL FOUNDATION ON THE 8601 Adelphi Road, College Park, MD Sanction Program. ARTS AND HUMANITIES 20740–6001, telephone (301) 713–7110. 5. Department of the Treasury, United States Secret Service (N1–87–96–2). Institute of Museum and Library SUPPLEMENTARY INFORMATION: Each year Records relating to commission books Services, Office of Library Services U.S. Government agencies create issued to Secret Service agents on their Submission for OMB Review; billions of records on paper, film, retirement. Comment Request magnetic tape, and other media. In order 6. Panama Canal Commission (N1– July 9, 1997. to control this accumulation, agency 185–97–13). Health, Safety, and AGENCY: Institute of Museum and records managers prepare records Sanitation records. schedules specifying when the agency 7. Panama Canal Commission (N1– Library Services. no longer needs the records and what 185–97–16). Stores, Plant, and Cost SUMMARY: The Institute of Museum and happens to the records after this period. Accounting records. Library Services has submitted the Some schedules are comprehensive and following public information collection cover all the records of an agency or one Dated: July 8, 1997. request (ICR) to the Office of of its major subdivisions. These Geraldine Phillips, Management and Budget (OMB) for comprehensive schedules provide for Acting Assistant Archivist for Record review and approval in accordance with the eventual transfer to the National Services—Washington, DC. the Paperwork Reduction Act of 1995 Archives of historically valuable records [FR Doc. 97–18808 Filed 7–16–97; 8:45 am] (Pub. L. 104–13, 44 U.S.C. Chapter 35). and authorize the disposal of all other BILLING CODE 7515±01±P Copies of these individual ICRs, with records. Most schedules, however, cover applicable support documentation, may records of only one office or program or be obtained by calling the Institute of a few series of records, and many are NATIONAL ARCHIVES AND RECORDS Museum and Library Services Public updates of previously approved ADMINISTRATION Information Officer, Tania Said (202) schedules. Such schedules also may Renewal of Advisory Committee on 606–4646. Individuals who use a include records that are designated for Preservation telecommunications device for the deaf permanent retention. (TTY/TTD) may call (202) 606–8636 Destruction of records requires the This notice is published in between 8:30 a.m. and 6:00 p.m. Eastern approval of the Archivist of the United accordance with the provisions of time, Monday through Friday. States. This approval is granted after a Section 9(a)(2) of the Federal Advisory Comments should be sent to Office of thorough study of the records that takes Committee Act (Pub. L. 92–463, 5 Information and Regulatory Affairs, into account their administrative use by U.S.C., App.) and advises of the renewal Attn: OMB Desk Officer for Institute of the agency of origin, the rights of the of the National Archives and Records Museum and Library Services, Office of Government and of private persons Administration’s (NARA) Advisory Management and Budget, Room 10235, directly affected by the Government’s Committee on Preservation for a two- Washington, DC 20503 (202) 395–7316, activities, and historical or other value. year period. In accordance with the within (30 days from the date of this This public notice identifies the Office of Management and Budget publication in the Federal Register). Federal agencies and their subdivisions (OMB) Circular A–135, OMB has The OMB is particularly interested in requesting disposition authority, approved the inclusion of the Advisory comments which: includes the control number assigned to Committee on Preservation in NARA’s • Evaluate whether the proposed each schedule, and briefly describes the ceiling of discretionary advisory collection of information is necessary records proposed for disposal. The committees. The Committee for the proper performance of the records schedule contains additional Management Secretariat, General functions of the agency, including information about the records and their Services Administration, has also whether the information will have disposition. Further information about concurred with the renewal of the practical utility; Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38329

• Evaluate the accuracy of the Nuclear Power Plant, Unit Nos. 1 and 2, 3, which authorizes operation of the agency’s estimate of the burden of the located in San Luis Obispo County, Davis-Besse Nuclear Power Station proposed collection of information California. (DBNPS), Unit 1 (the facility). The including the validity of the The proposed amendment would license provides, among other things, methodology and assumptions used; have revised Technical Specification that the facility is subject to all the • Enhance the quality, utility and (TS) 3.5.2, ‘‘ECCS Subsystems—Tavg rules, regulations, and orders of the U.S. clarity of the information to be Greater Than or Equal to 350°F,’’ to Nuclear Regulatory Commission (the collected; and change the allowed outage time (AOT) Commission) now or hereafter in effect. • Minimize the burden of the for any one safety injection (SI) pump The facility is a pressurized-water collection of information on those who from 72 hours to 7 days. The specific TS reactor located at the licensees’ site in are to respond, including through the change proposed added a new footnote Ottawa County, Ohio. use of appropriate automated electronic, that increases the AOT for one SI pump II mechanical, or other technological from 72 hours to 7 days for performance collection techniques or other forms of of non-routine, emergent maintenance In 10 CFR 73.55, ‘‘Requirements for information technology, e.g. permitting and required review by the Plant Staff Physical Protection of Licensed electronic submissions of responses. Review Committee (PSRC), and Plant Activities in Nuclear Power Reactors Agency: Institute of Museum and Manager approval prior to exceeding 72 Against Radiological Sabotage,’’ Library Services. hours. paragraph (a) states, in part, that ‘‘The Title: Library Services and The Commission had previously licensee shall establish and maintain an Technology Act Five-Year Plan. issued a Notice of Consideration of onsite physical protection system and OMB Number: 3137–0034. Issuance of Amendment published in security organization which will have as Agency Number: 3137. the Federal Register on June 5, 1996 (61 its objective to provide high assurance Frequency: Once every one to five FR 28619). However, by letter dated July that activities involving special nuclear years. 2, 1997, the licensee withdrew the material are not inimical to the common Affected Public: State Library proposed change. defense and security and do not Administrative Agency. For further details with respect to this constitute an unreasonable risk to the Number of Respondents: 55. action, see the application for public health and safety.’’ Estimated Time Per Respondent: 90 amendment dated February 15, 1996, In 10 CFR 73.55(d), ‘‘Access hours. and the licensee’s letter dated July 2, Requirements,’’ paragraph (1), it is Total Burden House: 4,950. 1997, which withdrew the application specified that ‘‘The licensee shall Total Annualized Capital/Startup for license amendment. The above control all points of personnel and Costs: 0 documents are available for public vehicle access into a protected area.’’ Total Annual Costs: 0 inspection at the Commission’s Public Also, 10 CFR 73.55(d)(5) requires that Description: This State plan is needed Document Room, the Gelman Building, ‘‘A numbered picture badge to assist in determining each State’s 2120 L Street, NW., Washington, DC, identification system shall be used for compliance with the enabling statute, and the local public document room all individuals who are authorized the Museum and Library Services Act of located at California Polytechnic State access to protected areas without 1996, Pub. L. 104–208. University, Robert E. Kennedy Library, escort.’’ It further states that individuals FOR FURTHER INFORMATION CONTACT: Government Documents and Maps not employed by the licensees (for Tania Said, Public Information Officer, Department, San Luis Obispo, California example, contractors) may be authorized Institute of Museum and Library 93407. access to protected areas without escort Services, 1100 Pennsylvania Avenue, provided that the individual ‘‘receives a Dated at Rockville, Maryland this 10th day picture badge upon entrance into the NW., Washington, DC 20506, telephone of July 1997. (202) 606–4646. protected area which must be returned For The Nuclear Regulatory Commission. upon exit from the protected area Tania Said, Steven D. Bloom, * * *’’ Public Information Officer. Project Manager, Project Directorate IV–2, By letter dated January 20, 1997, the [FR Doc. 97–18834 Filed 7–16–97; 8:45 am] Division of Reactor Projects III/IV, Office of licensees requested an exemption from Nuclear Reactor Regulation. BILLING CODE 7036±01±M certain requirements of 10 CFR 73.55. [FR Doc. 97–18829 Filed 7–16–97; 8:45 am] The licensees propose to implement an BILLING CODE 7590±01±P alternative unescorted access system NUCLEAR REGULATORY that would eliminate the need to issue COMMISSION and retrieve picture badges at the NUCLEAR REGULATORY [Docket Nos. 50±275 and 50±323 entrance location to the protected area COMMISSION and would allow all individuals Pacific Gas and Electric Company; [Docket No. 50±346] authorized for unescorted access, Diablo Canyon Nuclear Power Plant, including contractors, to keep their Unit Nos. 1 and 2 Notice of Withdrawal In the Matter of Toledo Edison picture badges in their possession when of Application for Amendment to Company, Centerior Service Company departing DBNPS. Facility Operating License The Cleveland Electric Illuminating Company (Davis-Besse Nuclear Power III The United States Nuclear Regulatory Station, Unit 1); Exemption Pursuant to 10 CFR 73.5, ‘‘Specific Commission (the Commission) has Exemptions,’’ the Commission may, granted the request of Pacific Gas and I upon application of any interested Electric Company (the licensee) to The Toledo Edison Company, person or upon its own initiative, grant withdraw its February 15, 1996, Centerior Service Company, and The such exemptions from the requirements application for proposed amendment to Cleveland Electric Illuminating of the regulations in this part as it Facility Operating License Nos. DPR–80 Company (the licensees) are the holders determines are authorized by law and and DPR–82 for the Diablo Canyon of Facility Operating License No. NPF– will not endanger life or property or the 38330 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices common defense and security, and are the hand geometry system and to allow licensee) to partially withdraw its May otherwise in the public interest. employees and contractors with 20, 1997, application, as supplemented Currently, unescorted access into the unescorted access to keep their picture by letters dated June 6, 1997, and July protected area of DBNPS for both badges in their possession when leaving 3, 1997, for proposed amendment to employee and contractor personnel is DBNPS. Facility Operating License NPF–21 for controlled through the use of picture the Washington Nuclear Project No. 2, IV badges. Positive identification of located in Benton County, Washington. personnel who are authorized and For the foregoing reasons, the NRC The proposed change modifies the request access into the protected area is staff has determined that the proposed Technical Specifications (TS) for the established by security personnel alternative measures for protection minimum critical power ratio (MCPR) making a visual comparison of the against radiological sabotage meet the safety limit in TS 2.1.1.2 for ATRIUM individual requesting access and that high assurance objective and the general 9X9 fuel. In addition, a new reference individual’s picture badge. In performance requirements of 10 CFR would have been added to TS Section accordance with 10 CFR 73.55(d)(5), 73.55. In addition, the staff has 5.6.5, ‘‘Core Operating Limits Report.’’ contractor personnel are not allowed to determined that the overall level of the The licensee’s June 6, 1997, letter, in take their picture badges offsite. In proposed system’s performance will addition to specifying that the proposed accordance with the plant’s physical provide protection against radiological license amendment change would only security plan, the licensees’ employees sabotage equivalent to that which is be in effect for Cycle 13, withdrew the are also not allowed to take their picture provided by the current system in addition of this new reference. badges offsite. accordance with 10 CFR 73.55. The Commission had previously The proposed system will require that Accordingly, the Commission has issued a Notice of Consideration of all individuals with authorized determined that, pursuant to 10 CFR Issuance of Amendment published in unescorted access have the physical 73.5, this exemption is authorized by the Federal Register on May 29, 1997 characteristics of their hand (hand law, will not endanger life or property (62 FR 29160). However, by letter dated geometry) registered with their picture or common defense and security, and is June 6, 1997, the licensee partially badge number in a computerized access otherwise in the public interest. withdrew the proposed change. control system. Therefore, all authorized Therefore, the Commission hereby For further details with respect to this individuals must not only have their grants the following exemption: action, see the application for picture badge to gain access to the The requirement of 10 CFR 73.55(d)(5) that amendment dated May 20, 1997, as protected area, they must also have their individuals who have been granted supplemented by letters dated June 6, hand geometry confirmed. All unescorted access and are not employed by 1997, which partially withdrew the individuals, including contractors, who the licensees are to return their picture application for license amendment, and have authorized unescorted access into badges upon exit from the protected area is July 3, 1997. The above documents are the protected area will be allowed to no longer necessary. Thus, these individuals available for public inspection at the keep their picture badges in their may keep their picture badges in their Commission’s Document Room, the possession when departing DBNPS. possession upon leaving Davis-Besse Nuclear Power Station. This exemption is granted on Gelman Building, 2120 L Street, NW., All other access processes, including Washington, DC, and at the local public search function capability and access the condition that the licensee implements a system testing process and revises the site document room located at the Richland revocation, will remain the same. A security plan as discussed in Section III Public Library, 955 Northgate Street, security officer responsible for access above. Richland, Washington 99352. control will continue to be positioned within a bullet-resistant structure. It Pursuant to 10 CFR 51.32, the Dated at Rockville, Maryland, this 3rd day should also be noted that the proposed Commission has determined that the of July 1997. system is only for individuals with granting of this exemption will not For The Nuclear Regulatory Commission. authorized unescorted access and will result in any significant adverse Timothy G. Colburn, not be used for those individuals environmental impact (62 FR 30627). Senior Project Manager, Project Directorate requiring escorts. Dated at Rockville, Maryland, this 10th day IV–2, Division of Reactor Projects—III/IV, Sandia National Laboratories of July 1997. Office of Nuclear Reactor Regulation. conducted testing which demonstrated For The Nuclear Regulatory Commission. [FR Doc. 97–18828 Filed 7–16–97; 8:45 am] that the hand geometry equipment Samuel J. Collins, BILLING CODE 7590±01±P possesses strong performance Director, Office of Nuclear Reactor characteristics. Details of the testing Regulation. NUCLEAR REGULATORY performed are in the Sandia report, ‘‘A [FR Doc. 97–18830 Filed 7–16–97; 8:45 am] Performance Evaluation of Biometric COMMISSION BILLING CODE 7590±01±P Identification Devices,’’ SAND91—0276 Advisory Committee on Reactor UC—906, Unlimited Release, June 1991. Safeguards Subcommittee Meeting on On the basis of the Sandia report and NUCLEAR REGULATORY Thermal Hydraulic Phenomena; Notice the licensees’ experience using the COMMISSION of Meeting current photo picture identification system, the false acceptance rate for the [Docket No. 50±397] The ACRS Subcommittee on Thermal proposed hand geometry system would Washington Public Power Supply Hydraulic Phenomena will hold a be at least equivalent to that of the System; Notice of Partial Withdrawal of meeting on July 29–30, 1997, Room current system. To ensure that the Application for Amendment to Facility T–2B3, 11545 Rockville Pike, Rockville, proposed system will continue to meet Operating License Maryland. the general performance requirements of Most of the meeting will be closed to 10 CFR 73.55, the licensees will The U.S. Nuclear Regulatory public attendance to discuss implement a process for testing the Commission (the Commission) has Westinghouse Electric Corporation system. The site security plans will also granted the request of Washington proprietary information pursuant to be revised to allow implementation of Public Power Supply System (the 5 U.S.C. 552b(c)(4). Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38331

The agenda for the subject meeting Dated: July 11, 1997. SECURITIES AND EXCHANGE shall be as follows: Sam Duraiswamy, COMMISSION Tuesday, July 29, 1997—8:30 a.m. until Chief, Nuclear Reactors Branch. [FR Doc. 97–18760 Filed 7–16–97; 8:45 am] Proposed Collection; Comment the conclusion of business Request Wednesday, July 30, 1997—8:30 a.m. BILLING CODE 7590±01±P±M until the conclusion of business Upon Written Request, Copies Available From: Securities and The Subcommittee will continue its Exchange Commission, Office of Filings review of the results of the POSTAL SERVICE BOARD OF and Information Services, Washington, Westinghouse Test and Analysis GOVERNORS DC 20549. Program being conducted in support of Extension: the AP600 design certification. Sunshine Acting Meeting Rule 206(4)–2—SEC File No. 270–217, Specifically, the Subcommittee will TIMES AND DATES: 4:00 p.m., Sunday, OMB Control No. 3235–0241 review the Final Validation Report for August 3, 1997; 10:00 a.m., Monday, Rule 02 and Forms 4–R, 5–R, 6–R, and use of the NOTRUMP small-break LOCA August 4, 1997; 8:30 a.m., Tuesday, 7–R—SEC File No. 270–214, OMB code for AP600 accident analyses. The Control No. 3235–0240 August 5, 1997. purpose of this meeting is to gather Rule 203–2, and Form ADV–W—SEC information, analyze relevant issues and PLACE: Minneapolis, Minnesota, at the File No. 270–40, OMB Control No. facts, and to formulate proposed Minneapolis Hilton Hotel, 1001 3235–0313. positions and actions, as appropriate, Marquette Avenue South, in Ballroom Notice is hereby given that, pursuant for deliberation by the full Committee. C. to the Paperwork Reduction Act of 1995 Oral statements may be presented by STATUS: August 3 (Closed); August 4 (44 U.S.C. 3501 et seq.), the Securities members of the public with the (Closed); August 5 (Open). an Exchange Commission (‘‘Commission’’) is soliciting comments concurrence of the Subcommittee MATTERS TO BE CONSIDERED: Chairman; written statements will be on the collections of information accepted and made available to the Sunday, August 3—4:00 p.m. (Closed) summarized below. The Commission plans to submit these existing Committee. Electronic recordings will 1. The Five-Year Strategic Plan. be permitted only during those portions collections of information to the Office of the meeting that are open to the 2. Status Report on Legislative of Management and Budget for public, and questions may be asked only Reform. extension and approval. by members of the Subcommittee, its Monday, August 4—10:00 a.m. Closed Rule 206(4)–2 governs the custody or consultants, and staff. Persons desiring possession of funds or securities by to make oral statements should notify 1. Officer Compensation. Commission-registered investment the cognizant ACRS staff engineer 2. Status Report on the Tray advisers. Rule 206(4)–2 makes it a named below five days prior to the Management System. fraudulent, deceptive or manipulative meeting, if possible, so that appropriate 3. Development Real Estate. act, practice or course of business for arrangements can be made. 4. Inspector General and Inspection any investment adviser who has custody or possession of funds or securities of its During the initial portion of the Service Budgets. clients to do any act or take any action meeting, the Subcommittee, along with Tuesday, August 5—8:30 a.m. (Open) with respect to any such funds or any of its consultants who may be securities unless (1) The securities are present, may exchange preliminary 1. Minutes of the Previous Meeting, properly segregated and safely kept; (2) views regarding matters to be July 30–July 1, 1997. the funds are held in one or more considered during the balance of the 2. Remarks of the Postmaster General/ specially designated client accounts meeting. Chief Executive Officer. 3. Amendments to BOG Bylaws. with the adviser named as trustee; (3) The Subcommittee will then hear the advisor promptly notifies the client presentations by an hold discussions 4. Capital Investments. as to the place and manner of with representatives of the a. 46 Small Parcel and Bundle Sorters. safekeeping; (4) the adviser sends a Westinghouse Electric Corporation, the b. International/Military Service detailed written statement to each client NRC staff, their consultants, and other Centers. at least once every three months; and (5) interested persons regarding this review. 5. Quarterly Report on Service at least once each year, on an Further information regarding topics Performance. unannounced basis, an independent to be discussed, whether the meeting 6. Quarterly Report on Financial public accountant verifies by actual has been cancelled or rescheduled, the Results. examination the clients’ funds and scheduling of sessions which are open 7. Report on the Midwest Area. (Mr. securities and files a certificate with the to the public, the Chairman’s ruling on McComb). Commission describing the requests for the opportunity to present 8. Tentative Agenda for the September examination. The rule does not apply to oral statements and the time allotted 8–9, meeting in Washington, DC. an investment adviser that is also therefor can be obtained by contacting registered as a broker-dealer under the the cognizant ACRS staff engineer, Mr. CONTACT PERSON FOR MORE INFORMATION: Securities Exchange Act of 1934 Paul A. Boehnert (telephone 301/415– Thomas J. Koerber, Secretary of the (‘‘Exchange Act’’), provided the adviser 8065) between 7:30 a.m. and 4:15 p.m. Board, U.S. Postal Service, 475 L’Enfant is in compliance with Rule 15c3–1 (EDT). Persons planning to attend this Plaza, SW., Washington, DC 20260– under the Exchange Act, or, if a member meeting are urged to contact the above 1000. Telephone (202) 268–4800. of an exchange, in compliance with named individual one or two working Thomas J. Koerber, exchange requirements with respect to days prior to the meeting to be advised Secretary. financial responsibility and the of any potential changes to the agenda, [FR Doc. 97–18939 Filed 7–14–97; 4:48 pm] segregation of funds or securities carried etc., that may have occurred. BILLING CODE 7710±12±M for the account of the customer. 38332 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

The information required by Rule nonresident investment advisers and estimates that only 28 percent of 206(4)–2 is used by the Commission in non-resident partners or managers of investment advisers currently registered connection with its investment adviser investment advisers in cases involving with the Commission will remain inspection program to ensure that violation of the Investment Advisers Act eligible for Commission registration. It advisers are in compliance with Rule of 1940 (‘‘Advisers Act’’) that may result is estimated that approximately 616 206(4)–2. The information required by in civil liabilities. advisers will be withdrawing their paragraphs (3) and (4) of the rule is also The Commission estimates that there registration from the Commission by used by clients. Without the information may be an increase in the number of filing Form ADV–W. The total annual collected under the rule, the non-resident registered investment burden for each respondent is estimated Commission would be less efficient and advisers, which may be offset by those to be one hour. The annual aggregate effective in its inspection program and non-resident general partners or non- burden for all respondents is estimated clients would not have information resident managing agents of investment to be 616 hours. valuable for monitoring the adviser’s advisers that would not register or be The estimated average burden hours handling of their accounts. registered with the Commission after are made solely for the purposes of The Commission recently adopted July 8, 1997 who would not be subject Paperwork Reduction Act and are not amendments to the rule to restrict the to the Rule 0–2 or the forms.1 Therefore, derived from a comprehensive or even application of the rule to those advisers non-resident general partners or non- representative survey or study of the registered with the Commission. The resident managing agents of investment cost of Commission rules and forms. likely respondents to this information advisers that would be registered with Written comments are invited on: (a) collection are those investment advisers the states after the July 8, 1997 effective Whether the proposed collection of that are registered with the Commission date would no longer be subject to Rule information is necessary for the proper after July 8, 1997, are not also registered 0–2 or be required to file the forms. performance of the functions of the as broker-dealers, and have custody of The Commission estimates that there agency, including whether the clients’ funds or securities. The would be approximately 300 registrants information will have practical utility; Commission estimates that 111 advisers subject to Rule 0–2. An adviser subject (b) the accuracy of the agency’s estimate would be subject to Rule 206(4)–2. The to this rule would be required to file of the burden of the collection of number of responses under Rule 206(4)– only once, and the Commission information; (c) ways to enhance the 2 will vary considerably depending on estimates that the preparation and filing quality, utility, and clarity of the the number of clients for which an of any of the forms designated for use information collected; and (d) ways to adviser has custody or possession of pursuant to Rule 0–2 would require minimize the burden of the collection of funds or securities. It is estimated that approximately one hour of the information on respondents, including an adviser subject to this rule would be registrant’s time. The total annual through the use of automated collection burden would be 300 hours. required to provide an average of 250 techniques or other forms of information Rule 203–2 governs withdrawal from responses annually at an average of .5 technology. Consideration will be given registration under the Advisers Act and hours per response. The total annual to comments and suggestions submitted burden for each respondent is estimated Form ADV–W is the form for withdrawing registration under the in writing within 60 days of this to be 125 hours. The total annual publication. aggregate burden for all respondents is Advisers Act. To enforce the registration provisions Please direct your written comments estimated to be 13,875 hours. to Michael E. Bartell, Associate Rule O–2 requires certain non- of the Advisers Act and to fulfill its Executive Director, Office of resident persons to furnish to the responsibilities under Section 203(h), Information Technology, Securities and Commission a written irrevocable the Commission must obtain certain consent and power of attorney that information from persons seeking to Exchange Commission, 450 5th Street, designates the Commission as an agent withdraw from registration. The NW., Washington, DC 20549. for service of process, and that information required by Form ADV–W Dated: July 10, 1997. stipulates and agrees that any civil suit enables the Commission to satisfy itself Jonathan G. Katz, or action against such person may be that the activities of person seeking to Secretary. commenced by service of process on the withdraw from registration do not [FR Doc. 97–18832 Filed 7–16–97; 8:45 am] require such person to be registered and Commission. Regulation 279.4, 279.5, BILLING CODE 8010±01±M 279.6, and 279.7 [17 CFR 279.4, 279.5, to determine whether terms and 279.6, and 279.7] designate Forms 4–R, conditions should be imposed upon a 5–R, 6–R, and 7–R as the irrevocable registrant’s withdrawal. Such terms and SECURITIES AND EXCHANGE appointments of agent for service of conditions might include the making of COMMISSION process, pleadings and other papers to appropriate arrangements with respect be filed by an individual non-resident to the transfer to clients of client funds [Release No. 34±38823; File No. SR±NASD± adviser or an unincorporated and securities in the custody and 97±01] possession of the adviser or the return nonresident investment adviser, a Self-Regulatory Organizations; to clients of prepaid advisory fees. partnership nonresident investment National Association of Securities adviser, or a nonresident general partner After July 8, 1997 (effective date of the Coordination Act), the Commission Dealers, Inc.; Notice of Order of an investment adviser or a Amending Effective Date of Proposed nonresident ‘‘managing agent’’ of an Rule Change Relating to Entry and unincorporated investment adviser, 1 On October 11, 1996, President Clinton signed into law the National Securities Markets Cancellation of SelectNet Broadcast respectively, which is registered or Improvement Act of 1996 (‘‘1996 Act’’). Title III of Orders applying for registration with the the 1996 Act, the Investment Advisers Supervision Commission as an investment adviser. Coordination Act (‘‘Coordination Act’’), amended July 8, 1997. It is necessary to obtain the the Investment Advisers Act of 1940 to, among other things, reallocate the responsibilities for I. Introduction appropriate consent to ensure that the regulating investment advisers between the Commission and other persons can Commission and the securities regulatory On June 30, 1997, the Securities and institute injunctive actions against authorities of the states. Exchange Commission (‘‘Commission’’ Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38333 or ‘‘SEC’’) approved a rule proposal by new requirements.8 The Commission, I. Self-Regulatory Organization’s the National Association of Securities therefore, has determined to revise the Statement of the Terms of Substance of Dealers, Inc. (‘‘NASD’’ or ‘‘Association’’) effective date from July 7, 1997 to a date the Proposed Rule Change filed pursuant to Section 19(b)(1) of the no later than October 6, 1997. This NASD Regulation is proposing to Securities Exchange Act of 1934 should afford market participants the amend Rule 2720 of the Conduct Rules 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, time needed to prepare for compliance of the National Association of Securities clarifying the obligations of NASD with the 10-second rule with respect to Dealers, Inc. (‘‘NASD’’ or members regarding the use of the SelectNet broadcast orders. The NASD ‘‘Association’’), that regulates the SelectNet Service. The proposed rule will provide notice to its membership of conduct of offerings by members of their change was published for comment in the definitive effective date for the 10- own securities, those of the member’s Securities Exchange Act Release No. second rule for SelectNet broadcast parent, or an affiliate, and other 38149 (January 10, 1996), 62 FR 1942 orders by way of an informational offerings in which a member has a (January 14, 1997) (‘‘Notice of Proposed facsimile. conflict of interest. NASD Regulation Rule Change’’). The Commission proposes deleting the requirement that a subsequently approved a portion of this III. Conclusion qualified independent underwriter has proposed rule change on a temporary It is therefore Ordered, pursuant to had net income from operations of the basis.3 No comments were received on Section 19(b)(2) of the Act,9 that the broker/dealer entity or from the pro the Notice of Proposed Rule Change. effective date of the proposed rule forma combined operations of The Commission thereafter approved change (NASD–97–01) with respect to predecessor broker/dealer entities, the proposed rule change in its entirety SelectNet broadcast orders be, and exclusive of extraordinary items, as on a permanent basis.4 hereby is, revised to a date no later than computed in accordance with generally II. Discussion October 6, 1997. accepted accounting principles, in at The Commission approved new For the Commission, by the Division of least three of the five years immediately conduct rule, rule 3380, to prohibit Market Regulation, pursuant to delegated preceding the filing of the registration 10 members from cancelling or attempting authority. statement. to cancel a broadcast or preferenced Margaret H. McFarland, II. Self-Regulatory Organization’s order entered into Nasdaq’s SelectNet Deputy Secretary. Statement of the Purpose of, and Service (‘‘SelectNet’’) until a minimum [FR Doc. 97–18765 Filed 7–16–97; 8:45 am] Statutory Basis for, the Proposed Rule period of ten seconds has elapsed (‘‘10- BILLING CODE 8010±01±M Change second rule’’).5 The 10-second rule with respect to SelectNet preferenced orders In its filing with the Commission, NASD Regulation included statements became temporarily effective on January SECURITIES AND EXCHANGE concerning the purpose of and basis for 21, 1997 and was permanently approved COMMISSION on June 30, 1997.6 For SelectNet the proposed rule change and discussed broadcast orders, however, the 10- any comments it received on the Release No. 34±38833; File No. SR±NASD± proposed rule change. The text of these second rule was permanently approved 97±45] with an effective date of July 7, 1997.7 statements may be examined at the places specified in Item IV below. The NASD has requested that the Self-Regulatory Organizations; effective date for the 10-second rule for NASD Regulation has prepared National Association of Securities summaries, set forth in Sections (A), (B), SelectNet broadcast orders be revised to Dealers, Inc., Notice of Proposed Rule permit market participants adequate and (C) below, of the most significant, Change Relating to Modifications to aspects of such statements.2 time to adapt computer systems to the the Definition of Qualified Independent Underwriter (A) Self-Regulatory Organization’s 1 15 U.S.C. 78s(b)(1). Statement of the Purpose of, and 2 17 CFR 240.19b–4. July 11, 1997. Statutory Basis for, the Proposed Rule 3 See Securities Exchange Act Release No. 38185 (January 21, 1997), 62 FR 3935 (January 27, 1997), Pursuant to Section 19(b)(1) of the Change approving until July 1, 1997, a new conduct rule to Securities Exchange Act of 1934 NASD Regulation is proposing to prohibit members from cancelling or attempting to (‘‘Act’’),1 notice is hereby given that on delete the eligibility criteria contained cancel a preferenced order entered into SelectNet until a minimum period of ten seconds has elapsed June 26, 1997, the National Association in the definition of ‘‘qualified and from entering conditional orders preferenced to of Securities Dealers Regulation, Inc. independent underwriter’’ in NASD electronic communications networks. (‘‘NASD Regulation’’) filed with the Rule 2720 that requires a member to 4 See Securities Exchange Act Release No. 38794 Securities and Exchange Commission have recorded net income in three of the (June 30, 1997). (‘‘SEC’’ or ‘‘Commission’’) the proposed five years immediately preceding the 5 Conduct rule 3380(a) is proposed to read: Cancellation of a SelectNet Order: No member shall rule change as described in Items I, II, offering. cancel or attempt to cancel an order, whether and III below, which Items have been When a member proposes to preferenced to a specific market maker or electronic prepared by NASD Regulation. The participate in the distribution of a communications network, or broadcast to all Commission is publishing this notice to public offering of its own or an available members, until a minimum time period of ten seconds has expired after the order to be solicit comments on the proposed rule affiliate’s securities, or of securities of a cancelled was entered. Such ten second time period change from interested persons. company with which it otherwise has a shall be measured by the Nasdaq processing system conflict of interest, NASD Rule 2720 processing the SelectNet order. 8 Telephone conference between J. Patrick requires that the price at which an 6 See Securities Exchange Act Release No. 38185 Campbell, Executive Vice President, The Nasaq equity issue or the yield at which a debt (January 21, 1997), 62 FR 3935 (January 27, 1997), Stock Market, Inc., and Howard L. Kramer, Senior issue is to be distributed to the public approving the 10-second rule for SelectNet Associate Director, Division of Market Regulation, preferenced orders until July 1, 1997. See also SEC, July 3, 1997. Securities Exchange Act Release No. 38794 (June 2 The text of the proposed rule change is available 30, 1997), approving the rule on a permanent basis. 9 15 U.S.C. 78s(b)(2). for review at the principal office of NASD 7 See Securities Exchange Act Release No. 38794 10 17 CFR 200.30–3(a)(12). Regulation and in the Commission’s Public (June 30, 1997). 1 15 U.S.C. 78s(b)(1). Reference Room. 38334 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices must be established at a price no higher convicted, enjoined, suspended, barred, thus, not a reliable indicia of or a yield no lower than that or otherwise subject to disciplinary underwriting experience, because the recommended by a member acting as a action by the NASD, SEC or other self- overall profitability of a member can be ‘‘qualified independent underwriter.’’ regulatory organizations for violation of affected by the performance of other The qualified independent underwriter the anti-fraud provisions of the federal business lines within multi-functional must also participate in the preparation or state securities laws for distribution- members. NASD Regulation believes of the offering document and is related activities.4 In addition, the that losses in one or more departments expected to exercise the usual standards amendments required a qualified of a member can unnecessarily of due diligence in respect thereto. The independent underwriter to have disqualify a firm from acting as a participation of a qualified independent experience in managing or co-managing qualified independent underwriter.6 underwriter is intended to assure the public offerings of a size and type Moreover, they believe lack of net public of the independence of the similar to the proposed offering. NASD income can reflect accounting pricing and due diligence functions in Regulation believes the latter anomalies related to infrequent events a situation where a member is requirement is the most pertinent, that result in charges against earnings participating in an offering where the because it most directly measures the for mergers, consolidations, member has a conflict of interest. member’s experience in performing the restructuring, or divestitures. NASD Because of the important investor duties and responsibilities necessary of Regulations believes the lack of net protections provided by qualified a qualified independent underwriter. income is also subject to the vagaries of independent underwriters, they must Finally, the amendments restricted the market, when a decline in income meet certain standards as prescribed in the qualified independent underwriter’s will be attributable to trading activities Rule 2720 of the Conduct Rules. beneficial ownership of the issuer’s rather than underwriting.7 According to Qualified independent underwriters voting equity securities to less than 5%. NASD Regulation, this was apparent must have a certain level of experience, Later amendments in 1994 extended during the five-year periods following demonstrated by having been engaged these ownership restrictions to non- the market breaks that occurred in in the investment banking and securities voting equity securities, preferred equity October 1987 and October 1989, when business for at least five years, by and subordinated debt.5 NASD half of members’ requests for relief from recording net income in three of the five Regulation believes the amendments to the net income requirement occurred.8 years immediately preceding the the definition of qualified independent In light of the foregoing, NASD offering, by a majority of directors (or underwriter have significantly improved Regulation believes that the net income general partners) having been actively confidence in the ability, quality, and requirement may operate as an unfair engaged in the investment banking and independence of qualified independent barrier or restraint that disqualifies securities business for five years, and by underwriters. otherwise qualified firms from acting as acting as manager or co-manager in the NASD Regulation believes that the net qualified independent underwriters. underwriting of offerings of a similar income requirement operates as an NASD Regulation is therefore proposing size and type for a five-year period prior to amend rule 2720 to eliminate the net 3 arbitrary standard for assessing the to the offering. abilities of potential qualified income requirement due to its The net income requirement was independent underwriters, particularly unreliability as an indicator of a adopted in 1972 as part of the original where certain members (that may members’ ability to act as a qualified adoption of Rule 2720. At that time, this nonetheless meet high net capital independent underwriter. NASD requirement was viewed as a gauge for Regulation believes the elimination of requirements) intentionally avoid monitoring a member’s ability to act in the net income requirement will allow experiencing net income for tax reasons. such capacity. In the ensuing years, the staff to focus on these more This occurs where a member is however, amendments to the definition substantive requirements when of qualified independent underwriter organized as either a sole proprietorship, partnership, or have imposed more specific 6 For example, one national broker/dealer failed requirements that the NASD Regulation subchapter S corporation that routinely the net income requirement due to its settlement of believes are more pertinent to ensuring distributes its net income to the owner, sales practice abuses in connection with the partners, or shareholders to minimize distribution of non-corporate securities, an activity that members have the experience and totally unrelated to its corporate underwriting ability to be effective qualified taxes. NASD Regulation believes the activities. independent underwriters. application of the net income 7 The Corporate Financing Committee found that In 1988, the definition of qualified requirement is not appropriate in these the net income requirement has the potential for cases as the legal structure of the increasing costs for issuers when the manager, co- independent underwriter was amended manager, or other distribution participant is to preclude a member from acting as a member is a business decision within ineligible to act as the qualified independent qualified independent underwriter if the discretion of the member, and underwriter due to the net income requirement. any of its associated persons having unrelated to the firm’s underwriting This will dictate the engagement of another member activities. to act in that capacity for a fee instead of a portion supervisory responsibility for of the gross spread, the cost of which may be passed organizing, structuring, or performing NASD Regulation believes a lack of on to the issuer. This impact is particularly felt by due diligence with respect to corporate net income also may not be directly small issuers that may already be charged public offerings of securities had within connected to the profitability of the proportionally higher amounts of underwriting member’s underwriting activities and compensation than larger issuers by the qualified the previous five-year period been independent underwriter. 8 Hearing Subcommittees of the Corporate 4 3 In addition, qualified independent underwriters See Securities Exchange Act Release No. 26214 Financing Committee have reviewed fourteen may not be an affiliate or own more than 5% of (October 24, 1988), 53 FR 43957 (order approving requests for exemption from proposed qualified certain securities of the issuing company, are proposed rule change relating to amendment to independent underwriters not meeting the net subject to provisions ensuring that associated definition of qualified independent underwriter); income requirement. From 1984 to the present, persons of the member have not been convicted, and NASD Notice to Members 88–89 (November Hearing Subcommittees provided thirteen suspended, barred or otherwise disciplined for 1988). exceptions from the net income requirement, actions related to an offering, and must agree to 5 See Securities Exchange Act Release No. 34031 relying on members’ extensive underwriting accept the legal responsibilities and liabilities of an (May 10, 1994), 59 FR 25510 (order approving experience managing or co-managing public underwriter under Section 11 of the Securities Act proposed rule change relating to conflicts of interest offerings to compensate for any lack of ongoing of 1933. in distribution of securities). profitability. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38335 approving members to be qualified Commission and any person, other than Member Surcharge independent underwriters. those that may be withheld from the Rule 12.32(a) Each member, member NASD Regulation believes that the public in accordance with the organization, or associated person who is proposed rule change is consistent with provisions of 5 U.S.C. 552, will be named a party to an arbitration proceeding, the provisions of Section 15A(b)(6) of available for inspection and copying in whether in a Claim, Counterclaim, Third- the Act.9 in that the deletion of the net the Commission’s Public Reference Party Claim, or Crossclaim shall be assessed income requirement for qualified Room. Copies of such filing will also be a [$200] non-refundable surcharge pursuant independent underwriters will available for inspection and copying at to the schedule in Rule 12.32(c) when the eliminate a possible burden on the principal office of the NASD. All Arbitration Department perfects service of competition that is not necessary in the claim naming the member, member submissions should refer to File No. organization or associated person on any furtherance of the purposes of the Act SR–NASD–97–45, and should be party to the proceeding. For each associated and will allow the staff to focus on the submitted by August 7, 1997. person who is named, the surcharge shall be more substantive requirements for a For the Commission, by the Division of assessed against the member(s) or member qualified independent underwriter in Market Regulation, pursuant to delegated organization(s) which employed the the interest of the public and the authority.10 associated person at the time of the events which gave rise to the dispute, claim or protection of investors. Margaret H. McFarland, controversy. No member or member (B) Self-Regulatory Organization’s Deputy Secretary. organization shall be assessed more than a Statement on Burden on Competition [FR Doc. 97–18833 Filed 7–16–97; 8:45 am] single surcharge in any arbitration NASD Regulation does not believe BILLING CODE 8010±01±M proceeding. The surcharge shall not be subject to reimbursement under Rule 12.31. that the proposed rule change will result (b) For purposes of this Rule, service is in any burden on competition that is not SECURITIES AND EXCHANGE perfected when the Arbitration Department necessary or appropriate in furtherance COMMISSION properly serves the Respondent(s) to the of the purposes of the Act, as amended. arbitration proceeding under Rule 12.13(c). (c) Schedule of Surcharge Rates: (C) Self-Regulatory Organization’s [Release No. 34±38830; File No. SR±PCX± Statement on Comments on the 97±26] Amount in dispute Surcharge Proposed Rule Change Received From Members, Participants, or Others Self-Regulatory Organizations; Notice $.01±$10,000 ...... $100 Written comments were neither of Filing and Immediate Effectiveness $10,000.01±$50,000 ...... 200 $50,000.01±$100,000 ...... 300 solicited nor received. of Proposed Rule Change by the Public Exchange, Inc. Relating to the $100,000.01±$500,000 ...... 350 III. Date of Effectiveness of the Member Surcharge in Arbitration Over $500,000 ...... 500 Proposed Rule Change and Timing for Proceedings Commission Action II. Self-Regulatory Organization’s July 10, 1997. Statement of the Purpose of, and Within 35 days of the date of Statutory Basis for the Proposed Rule publication of this notice in the Federal Pursuant to Section 19(b)(1) of the Change Register or within such longer period (i) Securities Exchange Act of 1934 1 2 as the Commission may designate up to (‘‘Act’’) and Rule 19b–4 thereunder, In its filing with the Commission, the 90 days of such date if it finds such notice is hereby given that on June 27, Exchange included statements longer period to be appropriate and 1997, the Pacific Exchange, Inc. (‘‘PCX’’ concerning the purpose of, and basis for, publishes its reasons for so finding or or ‘‘Exchange’’) filed with the Securities the proposed rule change and discussed (ii) as to which the self-regulatory and Exchange Commission any comments it received on the organization consents, the Commission (‘‘Commission’’ or ‘‘SEC’’) the proposed proposed rule change. The text of these will: rule change as described in Items I, II, statements may be examined at the A. by order approve such proposed and III below, which Items have been places specified in Item IV below. The 3 rule change, or prepared by the Exchange. The Exchange has prepared summaries, set B. institute proceedings to determine Commission is publishing this notice to forth in sections A, B and C below, of whether the proposed rule change solicit comments on the proposed rule the most significant aspects of such should be disapproved. change from interested persons. statements. IV. Solicitation of Comments I. Self-Regulatory Organization’s A. Self-Regulatory Organization’s Statement of the Terms of Substance of Statement of the Purpose of, and Interested persons are invited to the Proposed Rule Change submit written data, views, and Statutory Basis for, the Proposed Rule arguments concerning the foregoing. The Exchange submits this proposed Change Persons making written submissions rule change to amend Rule 12.32 of the In 1994, the PCX added Rule 12.32 should file six copies thereof with the Rules of the Board of Governors of the which required any member named as Secretary, Securities and Exchange Exchange relating to the member a party to an arbitration proceeding to Commission, 450 Fifth Street, NW., surcharge in arbitration proceedings. be assessed a non-refundable, flat $200 Washington, DC 20549. Copies of the Additions are italicized; deletions are surcharge. The surcharge was instituted submission, all subsequent bracketed. to help offset the increased resourcing amendments, all written statements needs resulting from a number of with respect to the proposed rule 10 17 CFR 200.30–3(a)(12). factors, including case growth, more change that are filed with the 1 15 U.S.C. § 78s(b)(1) (1988). complex cases being filed and arbitrator Commission, and all written 2 17 CFR 240.19b–4 (1991). training. The flat surcharge currently communications relating to the 3 This proposed rule change replaces SR–PCX– applies to all cases regardless of the 97–20, which has been withdrawn. Letter from dollar amount in controversy. As a proposed rule change between the Rosemary A. MacGuinness, Director of Arbitration, PCX, to Ivette Lopez, Assistant Director, SEC, dated result, a member against whom a $500 9 15 U.S.C. 780–3. June 26, 1997. claim had been filed would be required 38336 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices to pay the same $200 fee as a member 19(b)(3)(A) of the Act 4 and discuss the SBA’s Veterans’ program against whom a $3,000,000 claim had subparagraph (e) of the Rule 19b–4,5 and other such related matters as may been filed. Typically, however, a claim which renders the proposed rule change be presented. for a greater dollar amount expends effective on June 27, 1997, the date of For further information write or call greater administrative resources and receipt of this filing by the Commission. Leon J. Bechet, Assistant Administrator requires a greater expenditure of staff At any time within sixty days of the for Veterans’ Affairs, U.S. Small time to process the case, manage the filing of the proposed rule change, the Business Administration, 409 Third case record and database and provide Commission may summarily abrogate Street, S.W., Washington, DC 20416, information on the arbitration service to such rule change if it appears to the (202) 205–6773. the customer. In other words, there is Commission that such action is Dated: July 10, 1997. necessary or appropriate in the public generally a correlation between the Michael P. Novelli, dollar amount of the claim and the interest, for the protection of investors, Director, National Advisory Council. amount of resources the PCX is required or otherwise in furtherance of the to expend to bring the claim to a purposes of the Act. [FR Doc. 97–18855 Filed 7–16–97; 8:45 am] BILLING CODE 8025±01±P conclusion. The proposed surcharge is IV. Solicitation of Comments designed to reflect this relationship between the dollar amount of the claim Interested persons are invited to SMALL BUSINESS ADMINISTRATION brought against the member and the submit written date, views, and expenditure of PCX resources. As a arguments concerning the foregoing. People making written submissions Region VÐAdvisory Council Meeting; result, the PCX proposes to replace the Public Meeting flat surcharge of $200 in Rule 12.32 with should file six copies thereof with the a graduated surcharge based on the Secretary, Securities and Exchange The U.S. Small Business amount of the claim. Under the Commission, 450 Fifth Street, NW., Administration—Region V—Wisconsin proposed surcharge, members against Washington, DC 20549. Copies of the State Advisory Council, located in the whom claims of $10,000 or less are filed submission, all subsequent geographical area of Milwaukee, would pay a $100 fee, as opposed to a amendments, all written statements Wisconsin, will hold a public meeting $200 fee. Claims between $10,000 and with respect to the proposed rule from 12:00 p.m. to 1:00 p.m., on $50,000 would require a $200 fee, change that are filed with the Monday, July 28, 1997, at Metro claims between $50,000 and $100,000 Commission, and all written Milwaukee Area Chamber (MMAC) would require a $300 fee, claims communications relating to the Association of Commerce Building, 756 between $100,000 and $500,000 would proposed rule change between the North Milwaukee Street, Fourth Floor— require a $350 fee and claims over Commission and any person, other than The Milwaukee Room, Milwaukee, $500,000 would require a $500 fee. those that may be withheld from the Wisconsin, to discuss such business as PCX believes that the proposed rule public in accordance with the may be presented by members, the staff change is consistent with the provisions provisions of 5 U.S.C. § 552, will be of the U.S. Small Business of Section 6(b)(4) of the Act which available for inspection and copying in Administration, and others attending. require that the rules of the Exchange the Commission’s Public Reference For further information, write or call provide for the equitable allocation of Room. Copies of the filing will also be Kimberly R. West, at the U.S. Small reasonable dues, fees and other charges available for inspection and copying at Business Administration, 310 W. among members in that the proposed the PCX’s principal offices. All Wisconsin Ave., Room 400, Milwaukee, rule fairly adjusts the surcharge on submissions should refer to File No. Wisconsin 53029, telephone (414) 297– members for new cases to more closely SR–PCX–97–26 and should be 1092. submitted by August 7, 1997. reflect the costs associated with Dated: July 10, 1997. resolving controversies involving For the Commission by the Division of Michael P. Novelli, varying amounts in dispute. Market Regulation, pursuant to delegated authority.6 Director, Office of Advisory Councils. B. Self-Regulatory Organization’s Margaret H. McFarland, [FR Doc. 97–18854 Filed 7–16–97; 8:45 am] Statement on Burden on Competition Deputy Secretary. BILLING CODE 8025±01±P±M The Exchange does not believe that [FR Doc. 97–18764 Filed 7–16–97; 8:45 am] the proposed rule change will impose BILLING CODE 8010±01±M any burden on competition that is not SOCIAL SECURITY ADMINISTRATION necessary or appropriate in furtherance Agency Information Collection of the purposes of the Act. SMALL BUSINESS ADMINISTRATION Activities: Request for Emergency C. Self-Regulatory Organization’s Advisory Committee on Veterans' Review by the Office of Management Statement on Comments on the Business Affairs Public Meeting and Budget Proposed Rule Change Received From Members, Participants, or Others The Advisory Committee on Veterans’ The Social Security Administration Business Affairs of the U.S. Small publishes a list of information collection Written comments on the proposed Business Administration will hold a packages that will require clearance by rule change were neither solicited nor public meeting at 10:00 am on OMB in compliance with Pub. L. 104– received. Wednesday, July 30, 1997, at the 13 effective October 1, 1995, The III. Date of Effectiveness of the headquarters office of the U.S. Small Paperwork Reduction Act of 1995. The Proposed Rule Change and Timing for Business Administration, located at 409 information collection listed below has Commission Action Third Street, SW., Washington, DC, to been submitted to OMB for emergency clearance. OMB approval has been The Exchange has designated this 4 15 U.S.C. § 78s(b)(3)(A). requested by July 25, 1997: proposal as establishing or changing a 5 17 CFR 240.19b–4(e). 0960–NEW. The information collected due, fee or other charge under Section 6 17 CFR 200.30–3(a)(12). on form SSA–6233 will be used by the Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38337

Social Security Administration to DEPARTMENT OF STATE Environmental Protection Agency, The determine whether the payments Department of Transportation, the certified to the representative payee Bureau of Oceans and International Occupational Safety and Health have been used for the beneficiary’s Environmental and Scientific Affairs Administration, the Consumer Product Safety Commission, the Food and Drug current maintenance and personal needs [Public Notice 2570] and whether the representative payee Administration, the Department of continues to be concerned with the Government Activities on International Commerce, the Department of beneficiary’s welfare. The information is Harmonization of Chemical Agriculture, the Office of the U.S. Trade also used to determine if the items and/ Classification and Labeling Systems; Representative, and the National or services purchased with funds from Public Meeting Institute of Environmental Health dedicated accounts are permitted Sciences. AGENCY: Bureau of Oceans and The Agenda of the public meeting expenditures and if funds are International Environmental and will include: commingled and should count as Scientific Affairs (OES), Department of 1. Introduction. resources. The respondents are State. 2. Reports on recent international individuals and organizations serving as ACTION: Notice of a public meeting. meetings. representative payees who are required • Meeting of the Coordinating Group by law to establish a separate dedicated SUMMARY: This public meeting will for the Harmonization of Chemical account in a financial institution, on provide an update of current activities Classification Systems (CG/HCCS), June behalf of SSI beneficiaries, for certain related to international harmonization 26–27, 1997, in Geneva, Switzerland. past-due SSI monthly benefits. since the previous public meeting, • Meeting of the United Nations’ Sub- Committee of Experts on the Transport Number of Respondents: 30,000. conducted June 5, 1997 (See Department of State Public Notice 2544, on page of Dangerous Goods, July 7–17, 1997, in Frequency of Response: Annually. 27102 of the Federal Register of May 16, Geneva, Switzerland. Average Burden Per Response: 20 3. Preparation for upcoming meetings. 1997.) The meeting will also offer • minutes. interested organizations and individuals Meeting of the Organization for the opportunity to provide information Economic Cooperation and Estimated Annual Burden: 10,000 Development (OECD) Advisory Group hours. and views for consideration in the development of U.S. government policy on Harmonization, September 3–5, 1997, in Paris, France. Social Security Administration positions. For more complete • information on the harmonization Meeting of the GC/HCCS, November To receive a copy of the form or process, please refer to State Department 24–26, 1997, in Toronto, Canada. 4. Public Comments. clearance packages, call the SSA Public Notice 2526, pages 15951–15957 Reports Clearance Officer on (410) 965– 5. Concluding Remarks. of the Federal Register of April 3, 1997. Participants in the meeting may 4125 or write to him at the address The meeting will take place from 10 listed below. Written comments and submit written comments as well as am until noon on July30 in Room speak on topics relating to recommendations regarding the N3437ABC, U.S. Department of Labor, harmonization of chemical classification information collection(s) should be 200 Constitution Avenue NW, and labeling systems. All written directed to the OMB Desk Officer and Washington, DC. Attendees should use comments will be placed in the public SSA Reports Clearance Officer at the the entrance at C and Third Streets NW. docket (OSHA docket H–022H, Exhibit following addresses: To facilitate entry, please have a picture 4). The docket is open from 10 am until (OMB) ID available and/or a U.S. government 4 pm, Monday through Friday, and is building pass if applicable. Office of Management and Budget, located at the Department of labor, FOR FURTHER INFORMATION CONTACT: Room 2625, 200 Constitution Avenue OIRA, Attn: Laura Oliven, New For further information or to submit NW., Washington, DC. (Telephone: 202– Executive Office Building, Room written comments or information, 219–7894; Fax: 202–219–5046). The 10230, 725 17th St., NW, Washington, please contact Mary Frances Lowe, U.S. public may also consult the docket to D.C. 20503. Department of State, OES/ENV, Room review previous Federal Register (SSA) 4325, 2201 C street NW., Washington notices, comments received to date, and DC 20520. Phone (202) 647–8772, fax Social Security Administration, a working document of the CG/HCCS on (202) 647–5947. DCFAM, Attn: Nicholas E. Tagliareni, the scope of the harmonization effort. SUPPLEMENTARY INFORMATION: 6401 Security Blvd, 1-A–21 The Dated: July 9, 1997. Department of State is announcing a Operations Bldg., Baltimore, MD Michael Metelits, public meeting of the interagency 21235. Director, Office of Environmental Policy, committee concerned with the Bureau of Oceans and International Dated: July 11, 1997. international harmonization of chemical Environmental and Scientific Affairs. Frederick W. Brickenkamp, hazard classification and labeling [FR Doc. 97–18681 Filed 7–16–97; 8:45 am] systems. The purpose of the meeting is Forms Management Officer, Social Security BILLING CODE 4710±09±M Administration. to provide interested groups and [FR Doc. 97–18853 Filed 7–16–97; 8:45 am] individuals with an update on activities since the June 5 public meeting, a BILLING CODE 4190±29±P STATE JUSTICE INSTITUTE preview of key upcoming international meetings, and an opportunity to submit Sunshine Act Meeting additional information and comments for consideration in developing U.S. AGENCY: State Justice Institute. government positions. Representatives DATE AND TIME: Saturday, July 26, 1997, of the following agencies will attend the 9:00 a.m.–5:00 p.m. Sunday, July 27, meeting: the Department of State, the 1997, 9:00 a.m.–12:00 p.m. 38338 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

PLACE: Ritz-Carlton Hotel, 1515 West OMB Control Number: 2138–0040. Affairs, Office of Management and Third Street, Cleveland, OH 44113. Form No.: Schedule T–100 and Budget, 725 17th Street, NW., MATTERS TO BE CONSIDERED: FY 1997 Schedule T–100(f). Washington, DC 20503, ATTN: DOT/ grant requests, FY 1998 Grant Affected Entities: U.S. Certificated BTS Desk Officer. Comments are invited Guideline, and internal Institute and Foreign Air Carriers. on: Whether the proposed collections of business. Abstract: This information collection information are necessary for the proper is mandatory, 14 CFR 241.19–5. The PORTIONS OPEN TO THE PUBLIC: All performance of the functions of the DOT collects nonstop-segment and on- matters other than those noted as closed Department, including whether the flight market capacity and passenger below. information will have practical utility; data to administer its various programs the accuracy of the Department’s PORTIONS CLOSED TO THE PUBLIC: Internal including International bilateral estimates of the burden of the proposed personnel matters and Board of agreements, carrier selection for foreign information collections; ways to Directors’ committee meetings. routes, disbursement of airport funds, enhance the quality, utility and clarity CONTACT PERSON FOR MORE INFORMATION: etc. of the information to be collected; and David I. Tevelin, Executive Director, Need: Air services between the United ways to minimize the burden of the State Justice Institute, 1650 King Street, States and most foreign countries are collections of information on Suite 600, Alexandria, VA 22314, (703) governed by bilateral aviation respondents, including the use of 684–6100. agreements. Evaluations of existing automated collection techniques or David I. Tevelin, bilateral agreements and proposed other forms of information technology. Executive Director. changes to such agreements are based Issued in Washington, DC on July 11, 1997. on a determination of the traffic and [FR Doc. 97–18949 Filed 7–15–97; 10:18 am] Vanester M. Williams, BILLING CODE 6820±SC±M revenues between the United States and foreign countries for scheduled Clearance Officer, United States passenger and cargo flights as well as Department of Transportation. [FR Doc. 97–18758 Filed 7–16–97; 8:45 am] DEPARTMENT OF TRANSPORTATION charter services. In order to determine conditions of reciprocity and the overall BILLING CODE 4910±62±P Office of the Secretary balance of trade, DOT conducts similar analyses for countries with which the Reports, Form and Recordkeeping United States does not have bilateral DEPARTMENT OF TRANSPORTATION Requirements Agency Information aviation agreements. Information used Collection Activity Under OMB Review in these analyses includes traffic Federal Aviation Administration volume by countries and by city-pairs Advisory Circular; Manufacturing AGENCY: Office of The Secretary, DOT. for passenger and cargo services and the Process of Premium Quality Titanium ACTION: Notice. corresponding traffic yields. Data such Alloy Rotating Engine Components as passenger and cargo load factors, SUMMARY: In compliance with the aircraft seating configurations, cargo AGENCY: Federal Aviation Paperwork Reduction Act of 1995 (44 capacities, and aircraft unit costs are Administration, DOT. USC Chapter 3501, et seq.), this notice also used. ACTION: Notice of availability of announces that the Information Estimated Annual Burden Hours: Collection Requests (ICRs) abstracted Proposed Advisory Circular (AC), AC 14,472 hours. No. 33.15–1, request for comments. below have been forwarded to the Office Number of Respondents: 255. of Management and Budget (OMB) for SUMMARY: This notice announces the review and comment. The ICRs describe Title: Report of Extension of Credit to Political Candidates. availability of requests comments on a the nature of the information collections proposed AC, No. 33–15–1, and their expected burden. The Federal Type of Request: Extension of a Currently Approved Information Manufacturing Process of Premium Register notice with a 60-day comment Quality Titanium Alloy rotating Engine period soliciting comments on Collection. OMB Control Number: 2138–0016. Components. The AC provides collection of information number 2138– information and guidance concerning an 0040 was published on April 18, 1997 Form No.: 183. Affected Entities: Certificated Air acceptable method, but not the only (62 FR 19169–19171) and on number Carriers. method, pertaining to the materials 2138–0016 was published on April 23, Abstract: BTS collects reports from air suitability and durability requirements 1997 (62 FR 19855). carriers on the aggregated indebtedness of § 33.15, as applicable to the DATES: Comments must be submitted on balance of a political candidate or party manufacture of titanium alloy high or before August 18, 1997. for Federal office. The reports are energy rotating parts of aircraft engines. FOR FURTHER INFORMATION CONTACT: required when the aggregated DATES: Comments must be received on Bernie Stankus, Office of Airline indebtedness is over $5,000 on the last or before September 15, 1997. Information, K–25, Bureau of day of the month. ADDRESSES: Send all comments on the Transportation Statistics, 400 7th Street, Estimated Annual Burden Hours: 14 proposed AC to the Federal Aviation SW., Room 3430, Washington, DC 20590 hours. Administration, Attention: Engine & (202) 366–4387. Number of Respondents: 4. Propeller Directorate, Aircraft SUPPLEMENTARY INFORMATION: Need: The DOT uses this form as the Certification Service, Engine & Propeller means to fulfill its obligations under the Standards Staff, ANE–110, 12 New Bureau of Transportation Statistics Federal Election Campaign Act to England Executive Park, Burlington, (BTS) collect data on the extension of Massachusetts 01803. Title: Report of Traffic and Capacity unsecured credit to candidates for FOR FURTHER INFORMATION CONTACT: Tim Statistics—The T–100 System. Federal Office. Mouzakis, Engine and Propeller Type of Request: Revision of a ADDRESSES: Send comments to the Standards Staff, ANE–110, 12 New Currently Approved Collection. Office of Information and Regulatory England Executive Park, Burlington, Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38339

MA, 01803, telephone (617) 238–7114, as applicable, to the manufacture of Officer, 725 17th Street, NW, fax (617) 238–7199. titanium alloy high energy rotating parts Washington, DC 20503. of aircraft engines. SUPPLEMENTARY INFORMATION: Issued in Washington, DC on July 11, 1997. Issued in Burlington, Massachusetts, on Patricia W. Carter, Comments Invited July 7, 1997. Acting, Manager, Corporate Information A copy of the subject AC may be James C. Jones, Division, ABC–100. obtained by contacting the person Acting Manager, Engine and Propeller [FR Doc. 97–18843 Filed 7–16–97; 8:45 am] named above under FOR FURTHER Directorate, Aircraft Certification Service. BILLING CODE 4910±13±M INFORMATION CONTACT. Interested [FR Doc. 97–18787 Filed 7–16–97; 8:45 am] persons are invited to comment on the BILLING CODE 4910±13±M proposed AC, and to submit such DEPARTMENT OF TRANSPORTATION written data, views, or arguments as they may desire. Commenters must DEPARTMENT OF TRANSPORTATION Federal Aviation Administration identify the subject of the AC and submit comments in duplicate to the Federal Aviation Administration Index of Administrator's Decisions and address specified above. All Orders in Civil Penalty Actions; communications received on or before Agency Information Collection Activity Publication Under OMB Review the closing date for comments will be AGENCY: Federal Aviation considered by the New England Region AGENCY: Department of Transportation, Administration (FAA), DOT. Engine & Propeller Directorate, Aircraft Federal Aviation Administration (DOT/ ACTION: Notice of publication. Certification Service, before issuing the FAA). final AC. ACTION: Notice. SUMMARY: This notice constitutes the Background required quarterly publication of an SUMMARY: In compliance with the index of the Administrator’s decisions The Federal Aviation Administration Paperwork Reduction Act of 1995 (44 and orders in civil penalty cases. The (FAA) established the Titanium Rotating U.S.C. 3501 et seq.) this notice FAA is publishing an index by order Components Review Team (TRCRT) to announces that the information number, an index by subject matter, and review the adequacy of current efforts collection request described below has case digests containing identifying within the engine industry, and address been forwarded to the Office of information about the final decisions the safety of titanium alloy high energy Management and Budget (OMB) for and orders issued by the Administrator. rotating components of turbine engines. review. The FAA is requesting an Publication of these indexes and digests In May of 1991, the TRCRT held a emergency clearance by August 8, 1997, is intended to increase the public’s public meeting and presented a report in accordance with 5 CFR § 1320.13. awareness of the Administrator’s consisting of recommendations and an The following information describes the decisions and orders. Also, the implementation plan. In response to the nature of the information collection and publication of these indexes and digests TRCRT implementation plan, in 1991, its expected burden. should assist litigants and practitioners the American Industries Association in their research and review of decisions (AIA) Materials and Structures DATES: Submit any comments to OMB and orders that may have precedential Committee was formed (AIA Project and FAA by September 15, 1997. value in a particular civil penalty P341–2) to assist the FAA in developing SUPPLEMENTARY INFORMATION: action. Publication of these indexes an advisory circular to address the ensures that the agency is in compliance processing of titanium material used in Title: Overflight Billing and with statutory indexing requirements. critical rotating components of aircraft Collection Customer Information Form engines. Need: The customer information form FOR FURTHER INFORMATION CONTACT: The AIA Materials and Structures is needed in order to request and obtain James S. Dillman, Assistant Chief Committee found that existing AC’s proper billing information from carriers Counsel for Litigation (AGC–400), provide a means to obtain and maintain as well as properly identify Tail Federal Aviation Administration, 400 production approvals, however, these numbers as commercial or general 7th Street, SW., Suite PL 200–A, documents do not fully cover the aviation in order that carriers are Washington, DC 20590: telephone (202) manufacturing process used in the charged the correct rate. 366–4118. manufacture of premium quality Respondents: 600. SUPPLEMENTARY INFORMATION: The titanium alloy forged rotating Frequency: One time per respondent Administrative Procedure Act requires components for type certificated turbine unless there is a change to the billing Federal agencies to maintain and make establishment. This proposed AC address. available for public inspection and therefore, provides supplemental Burden: 50 hours. copying current indexes containing guidance for the establishment of a FOR FURTHER INFORMATION CONTACT: or to identifying information regarding manufacturing process, in-process obtain a copy of the request for materials required to be made available material and component inspections, clearance submitted to OMB, you may or published. 5 U.S.C. 552(a)(2). In a and finished component inspections, for contact Ms. Judith Street at the: Federal notice issued on July 11, 1990, and manufacture of premium quality Aviation Administration, Corporate published in the Federal Register (55 titanium alloy forged rotating Information Division, ABC–100, 800 FR 29148; July 17, 1990), the FAA components, such as disks, spacers, Independence Avenue, SW, announced the public availability of hubs, shafts, spools and impellers, but Washington, DC 20591. Comments may several indexes and summaries that not blades. be submitted to the agency at the provide identifying information about This proposed advisory circular address above and to: Office of the decisions and orders issued by the provides guidance and information for Information and Regulatory Affairs, Administrator under the FAA’s civil compliance pertaining to the materials Office of Management and Budget, penalty assessment authority and the suitability and durability requirements, Room 10202, Attention FAA Desk rules of practice governing hearings and 38340 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices appeals of civil penalty actions. 14 CFR and October.) This publication cumulative. The FAA announced in a Part 13, Subpart G. represents the quarter ending on June later notice that the order number The FAA maintains an index of the 30, 1997. indexes published in January would Administrator’s decisions and orders in The FAA first published these reflect all of the civil penalty decisions civil penalty actions organized by order indexes and digests for all decisions and for the previous year. 58 FR 5044; 1/19/ number and containing identifying orders issued by the Administrator 93. information about each decision or through September 30, 1990. 55 FR order. The FAA also maintains a 45984; October 31, 1990. The FAA The previous quarterly publications of cumulative subject-matter index and announced in that notice that only the the indexes of the Administrator’s digests organized by order number. subject-matter index would be decisions and orders in civil penalty The indexes are published on a published cumulatively and that the cases have appeared in the Federal quarterly basis (i.e., January, April, July, order number index would be non- Register as follows:

Federal Register Dates of quarter publication

11/1/89±9/30/90 ...... 55 FR 45984; 10/31/90 10/1/90±12/31/90 ...... 56 FR 44886; 2/6/91 1/1/91±3/31/91 ...... 56 FR 20250; 5/2/91 4/1/91±6/30/91 ...... 56 FR 31984; 7/12/91 7/1/91±9/30/91 ...... 56 FR 51735; 10/15/91 10/1/91±12/31/91 ...... 57 FR 2299; 1/21/92 1/1/92±3/31/92 ...... 57 FR 12359; 4/9/92 4/1/92±6/30/92 ...... 57 FR 32825; 7/23/92 7/1/92±9/30/92 ...... 57 FR 48255; 10/22/92 10/1/92±12/31/92 ...... 58 FR 5044; 1/19/93 1/1/93±3/31/93 ...... 58 FR 21199; 4/19/93 4/1/93±6/30/93 ...... 58 FR 42120; 8/6/93 7/1/93±9/30/93 ...... 58 FR 58218; 10/29/93 10/1/93±12/31/93 ...... 59 FR 5466; 2/4/94 1/1/94±3/31/94 ...... 59 FR 22196; 4/29/94 4/1/94±6/30/94 ...... 59 FR 39618; 8/3/94 7/1/94±12/31/94 ...... 60 FR 4454; 1/23/95 1/1/95±3/31/95 ...... 60 FR 19318; 4/17/95 4/1/95±6/30/95 ...... 60 FR 36854; 7/18/95 7/1/95±9/30/95 ...... 60 FR 53228; 10/12/95 10/1/95±12/31/95 ...... 61 FR 1972; 1/24/96 1/1/96±3/31/96 ...... 61 FR 16955; 4/18/96 4/1/96±6/30/96 ...... 61 FR 37526; 7/18/96 7/1/96±9/30/96 ...... 61 FR 54833; 10/22/96 10/1/96±12/31/96 ...... 62 FR 2434; 1/16/97 1/1/97±3/31/97 ...... 62 FR 24533; 5/2/97

The civil penalty decisions and orders, and the indexes and digests are available in FAA offices. In addition, the Administrator’s civil penalty decisions have been published by commercial publishers (Hawkins Publishing Company and Clark Boardman Callahan) and are available on computer on-line services (Westlaw, LEXIS, Compuserve and FedWorld). (The addresses of FAA offices where the civil penalty decisions may be reviewed and information regarding these commercial publications and computer databases is provided at the end of this notice.)

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR ORDER NUMBER INDEX [This index includes all decisions and orders issued by the Administrator from April 1, 1997, to June 30, 1997.]

97±14 ...... Pacific Aviation International, Inc. d/b/a Inter-Island Helicopters. 5/2/97 ...... CP95WP0049. 97±15 ...... Ray Randall Houston and Johnson County Aerial Services, Inc. 5/8/97 ...... CP95SO0182, CP94SO0101. 97±16 ...... Mauna Kea Helicopters. 5/23/97 ...... CP94WP0005, CP95WP0021, CP94WP0022. 97±17 ...... Ronald V. Stallings. 5/23/97 ...... CP96WP0083. 97±18 ...... Pierre A. Robinson. 5/23/97 ...... CP96EA0268. 97±19 ...... Donald M. Missirlian. 5/23/97 ...... CP95WP0282. 97±20 ...... Nicholas J. Werle. 5/23/97 ...... CP96WP0066. 97±21 ...... Delta Air Lines, Inc. 5/28/97 ...... CP95WP0129. 97±22 ...... Sanford Air, Inc. 5/28/97 ...... CP95NE0301. 97±23 ...... Detroit Metropolitan-Wayne County Airport. 6/5/97 ...... CP95GL0069. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38341

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEX [Current as of June 30, 1997]

Administrative Law JudgesÐPower and Authority: Continuance of hearing ...... 91±11 Continental Airlines; 92±29 Haggland. Credibility findings ...... 90±21 Carroll; 92±3 Park; 93±17 Metcalf; 94±3 Valley Air; 94±4 North- west Aircraft Rental; 95±25 Conquest; 95±26 Hereth; 97±20 Werle. Default Judgment ...... 91±11 Continental airlines; 92±47 Cornwall; 94±8 Nunez; 94±22 Har- kins; 94±28 Toyota; 95±10 Diamond. Discovery ...... 89±6 American Airlines; 91±17 KDS Aviation; 91±54 Alaska Airlines; 92±46 Sutton-Sautter; 93±10 Costello. Expert Testimony ...... 92±21 Sweeney. Granting extensions of time: To file Answer ...... 95±28 Atlantic World Airways; 97±18 Robinson. To file Brief ...... 90±27 Gabbert. Hearing location ...... 92±50 Cullop. Hearing request ...... 93±12 Langton; 94±6 Strohl; 94±27 Larsen. 94±37 Houston; 95±9 Rayner. Initial Decision ...... 92±1 Costello; 92±32 Barnhill. Jurisdiction: Generally ...... 90±20 Degenhardt; 90±33 Cato; 92±1 Costello; 92±32 Barnhill. After issuance of order assessing civil penalty ...... 94±37 Houston; 95±19 Rayner. After complaint withdrawn ...... 94±39 Kirola. Motion for Decision ...... 92±73 Wyatt; 92±75 Beck; 92±76 Safety Equipment; 93±11 Merkley; 96±24 Horizon. No authority to extend due date for late Answer without showing of 95±28 Atlantic World Airways; 97±18 Robinson. good cause. (See also Answer). Notice of Hearing ...... 92±31 Eaddy. Regulate proceedings ...... 97±20 Werle. Sanction ...... 90±37 Northwest Airlines; 91±54 Alaska Airlines; 94±22 Harkins; 94± 28 Toyota. Service of law judges by parties ...... 97±18 Robinson. Vacate initial decision ...... 90±20 Degenhardt; 92±32 Barnhill; 95±6 Sutton. Aerial Photography ...... 95±25 Conquest Helicopters. Agency Attorney ...... 93±13 Medel. Air Carrier: Agent/independent contractor of ...... 92±70 USAir. Careless or Reckless ...... 92±48 & 92±70 USAir; 93±18 Westair Commuter. Duty of care: Non-delegable ...... 92±70 USAir; 96±16 Westair Commuter; 96±24 Horizon; 97±8 Pacific Av. d/b/a Inter-Island Helicopters. Employee ...... 93±18 Westair Commuter; 97±8 Pacific Av. d/b/a Inter-Island Heli- copters. Ground Security Coordinator, Failure to provide ...... 96±16 WestAir Commuter. Aircraft Maintenance (see also Airworthiness, Maintenance Manual): Generally ...... 90±11 Thunderbird Accessories; 91±8 Watts Agricultural Aviation; 93± 36 & 94±3 Valley Air; 94±38 Bohan; 95±11 Horizon; 96±3 America West Airlines; 97±8 Pacific Av. d/b/a Inter-Island Helicopters; 97±9 Alphin; 97±10 Alphin; 97±11 Hampton. Acceptable methods, techniques, and practices ...... 96±3 America West Airlines. After certificate: Revocation ...... 92±73 Wyatt. Airworthiness Directive, compliance with ...... 96±18 Kilrain; 97±9 Alphin. Inspection ...... 96±18 Kilrain; 97±10 Alphin. Major/minor repairs ...... 96±3 America West Airlines. Minimum Equipment List (MEL) ...... 94±38 Bohan; 95±11 Horizon; 97±11 Hampton; 97±21 Delta. Aircraft Records: Aircraft Operation ...... 91±8 Watts Agricultural Aviation. Flight and Duty Time ...... 96±4 South Aero. Maintenance Records ...... 91±8 Watts Agricultural Aviation; 94±2 Woodhouse. ``Yellow tags'' ...... 91±8 Watts Agricultural Aviation. Aircraft-Weight and Balance (See Weight and Balance) Airmen: Pilots ...... 91±12 & 91±31 Terry % Menne; 92±8 Watkins; 92±49 Richardson & Shimp; 93±17 Metcalf. Altitude deviation ...... 92±49 Richardson & Shimp. Careless or Reckless ...... 91±12 & 91±31 Terry & Menne; 92±8 Watkins; 92±49 Richardson & Shimp; 92±47 Cornwall; 93±17 Metcalf; 93±29 Sweeney; 96±17 Fenner. Flight time limitations ...... 93±11 Merkley. Follow ATC Instruction ...... 91±12 & 91±31 Terry & Menne; 92±8 Watkins; 92±49 Richardson & Shimp. Low Flight ...... 92±47 Cornwall; 93±17 Metcalf. Owner's responsibility ...... 96±17 Fenner. Runway Incursions ...... 92±40 Wendt; 93±18 Westair Commuter. See and Avoid ...... 93±29 Sweeney. 38342 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] Air Operations Area (AOA): Air Carrier: Responsibilities ...... 90±19 Continental Airlines; 91±33 Delta Air Lines; 94±1 Delta Air Lines. Airport Operator: Responsibilities ...... 90±19 Continental Airlines; 91±4 [Airport Operator]; 91±18 [Airport Op- erator]; 91±40 [Airport Operator]; 91±41 [Airport Operator]; 91±58 [Airport Operator]; 96±1 [Airport Operator]; Badge Display ...... 91±4 [Airport Operator]; 91±33 Delta Air Lines. Definition of ...... 90±19 Continental Airlines; 91±4 [Airport Operator]; 91±58 [Airport Op- erator]. Exclusive Areas ...... 90±19 Continental Airlines; 91±4 [Airport Operator]; 91±58 [Airport Op- erator]. Airport Security Program (ASP): Compliance with ...... 91±4 [Airport Operator]; 91±18 [Airport Operator]; 91±40 [Airport Oper- ator]; 91±41 [Airport Operator]; 91±58 [Airport Operator]; 94±1 Delta Air Lines; 96±1 [Airport Operator]; 97±23 Detroit Metropolitan. Airport Operator: Responsibilities ...... 90±12 Continental Airlines; 91±4 [Airport Operator]; 91±18 [Airport Op- erator]; 91±40 [Airport Operator]; 91±41 [Airport Operator]; 91±58 [Airport Operator]; 96±1 [Airport Operator]; 97±23 Detroit Metropoli- tan. Air Traffic Control (ATC): Error as mitigating factor ...... 91±12 & 91±31 Terry & Menne. Error as exonerating factor ...... 91±12 & 91±31 Terry & Menne; 92±40 Wendt. Ground Control ...... 91±12 Terry & Menne; 93±18 Westair Commuter. Local Control ...... 91±12 Terry & Menne. Tapes & Transcripts ...... 91±12 Terry & Menne; 92±49 Richardson & Shimp. Airworthiness ...... 91±8 Watts Agricultural Aviation; 92±10 Flight Unlimited; 92±48 & 92± 72 USAir; 94±2 Woodhouse; 95±11 Horizon; 96±3 America West Airlines; 96±18 Kilrain; 94±25 USAir; 97±8 Pacific Av. d/b/a Inter-Is- land Helicopters; 97±9 Alphin; 97±10 Alphin; 97±11 Hampton; 97±21 Delta. Amicus Curiae Briefs ...... 90±25 Gabbert. Answer: ALJ may not extend due date for late Answer unless good cause 95±28 Atlantic World Airways; 97±18 Robinson. shown. Timeliness of answer ...... 90±3 Metz; 90±15 Playter; 92±32 Barnhill; 92±47 Cornwall; 92±75 Beck; 92±76 Safety Equipment; 94±5 Grant; 94±29 Sutton; 94±30 Columna; 94±43 Perez; 95±10 Diamond; 95±28 Atlantic World Air- ways; 97±18 Robinson; 97±19 Missirlian. What constitutes ...... 92±32 Barnhill; 92±75 Beck; 97±19 Missirlian. Appeals (See also Timeliness; Mailing Rule): Briefs, Generally ...... 89±4 Metz; 91±45 Park; 92±17 Giuffrida; 92±19 Cornwall; 92±39 Beck; 93±24 Stelel City Aviation; 93±28 Strohl; 94±23 Perez; 95±13 Kilrain. Additional Appeal Brief ...... 92±3 Park; 93±5 Wendt; 93±6 Westair Commuter; 93±28 Strohl; 94±4 Northwest Aircraft; 94±18 Luxemburg; 94±29 Sutton; 97±22 Sanford Air. Appeal Dismissed as premature ...... 95±19 Rayner. Appeal Dismissed as moot after complaint withdrawn ...... 92±9 Griffin. Appellate arguments ...... 92±70 USAir. Court of Appeals, appeal to (See Federal Courts. ``Good Cause'' for Late-Filed Brief or Notice of Appeal) ...... 90±3 Metz; 90±27 Gabbert; 90±39 Hart; 91±10 Graham; 91±24 Esau; 91±48 Wendt; 91±50 & 92±1 Costello; 92±3 Park; 92±17 Giuffrida; 92±39 Beck; 92±41 Moore & Sabre Associates; 92±52 Beck; 92±57 Detroit Metro Wayne Co. Airport; 92±69 McCabe; 93±23 Allen; 93± 27 Simmons; 93±31 Allen; 95±2 Meronek; 95±9 Woodhouse; 95±25 Conquest, 97±6 WRA Inc; 97±7 Stalling. Motion to Vacate construed as a brief ...... 91±11 Continental Airlines. Perfecting an Appeal, Generally ...... 92±17 Giuffrida; 92±19 Cornwall; 92±39 Beck; 94±23 Perez; 95±13 Kilrain; 96±5 Alphin Aircraft. Extension of Time for (good cause for) ...... 89±8 Thunderbird Accessories; 91±26 Britt Airways; 91±32 Bargen; 91±50 Costello; 92±2 & 93±3 Wendt; 93±24 Steel City Aviation; 93± 32 Nunez. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38343

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] Failure to ...... 89±1 Gressani; 89±7 Zenkner; 90±11 Thunderbird Accessories; 90±35 P. Adams; 90±39 Hart; 91±7 Pardue; 91±10 Graham; 91±20 Bargen; 91±43, 91±44, 91±46 & 91±47 Delta Air Lines; 92±11 Alilin; 92±15 Dillman; 92±18 Bargen; 92±34 Carrell; 92±35 Bay Land Aviation; 92±36 Southwest Airlines; 92±45 O'Brien; 92±56 Montauk Caribbean Airways; 92±67 USAir; 92±68 Weintraub; 92±78 TWA; 93±7 Dunn; 93±8 Nunez; 93±20 Smith; 93±23 & 93±31 Allen; 93±34 Castle Avia- tion; 93±35 Steel City Aviation; 94±12 Bartusiak; 94±24 Page; 94±26 French Aircraft; 94±34 American International Airways; 94±35 Amer- ican International Airways; 94±36 American international Airways; 95±4 Hanson; 95±22 & 96±5 Alphin Aircraft; 96±2 Skydiving Center; 96±13 Winslow; 97±3 [Airport Operator], 97±6 WRA, Inc.; 97±15 Houston & Johnson County. Notice of appeal construed as appeal brief ...... 92±39 Beck; 94±15 Columna; 95±9 Woodhouse; 95±23 Atlantic World Airways; 96±20 Missirlian; 97±2 Sanford Air. What Constitutes ...... 90±4 Metz; 90±27 Gabbert; 91±45 Park; 92±7 West; 92±17 Giuffrida; 92±39 Beck; 93±7 Dunn; 94±15 Columna; 94±23 Perez; 94±30 Columna; 95±9 Woodhouse; 95±23 Atlantic World Airways; 96±20 Missirlian; 97±2 Sanford Air. Service of brief: Failure to serve other party ...... 92±17 Giuffrida; 92±19 Cornwall. Timeliness of Notice of Appeal ...... 90±3 Metz; 90±39 Hart; 91±50 Costello; 92±7 West; 92±69 McCabe; 93±27 Simmons; 95±2 Meronek; 95±9 Woodhouse; 95±15 Alphin Aviation; 96±14 Midtown Neon Sign Corp.; 97±7 & 97±17 Stallings. Withdrawal of ...... 89±2 Lincoln-Walker; 89±3 Sittko; 90±4 Nordrum; 90±5 Sussman; 90± 6 Dabaghian; 90±7 Steele; 90±8 Jenkins; 90±9 Van Zandt; 90±13 O'Dell; 90±14 Miller; 90±28 Puleo; 90±29 Sealander; 90±30 Steidinger; 90±34 D. Adams; 90±40 & 90±41 Westair Commuter Air- lines; 91±1 Nestor; 91±5 Jones; 91±6 Lowery; 91±13 Kreamer; 91± 14 Swanton; 91±15 Knipe; 91±16 Lopez; 91±19 Bayer; 91±21 Britt Airways; 91±22 Omega Silicone Co.; 91±23 Continental Airlines; 91± 25 Sanders; 91±27 Delta Air Lines; 91±28 Continental Airlines; 91± 29 Smith; 91±34 GASPRO; 91±35 M. Graham; 91±36 Howard; 91± 37 Vereen; 91±39 America West; 91±42 Pony Express; 91±49 Shields; 91±56 Mayhan; 91±57 Britt Airways; 91±59 Griffin; 91±60 Brinton; 92±2 Koller; 92±4 Delta Air Lines; 92±6 Rothgeb; 92±12 Bertetto; 92±20 Delta Air Lines; 92±21 Cronberg; 92±22, 92±23, 92± 24, 92±25, 92±26 & 92±28 Delta Air Lines; 92±33 Port Authority of NY & NJ; 92±42 Jayson; 92±43 Delta Air Lines; 92±44 Owens; 92± 53 Humble; 92±54 & 92±55 Northwest Airlines; 92±60 Costello; 92± 61 Romerdahl; 92±62 USAir; 92±63 Schaefer; 92±64 & 92±65 Delta Air Lines; 92±66 Sabre Associates & Moore; 92±79 Delta Air Lines; 93±1 Powell & Co.; 93±4 Harrah; 93±14 Fenske; 93±15 Brown; 93± 21 Delta Air Lines; 93±22 Yannotone; 93±26 Delta Air Lines; 93±33 HPH Aviation; 94±9 B & G Instruments; 94±10 Boyle; 94±11 Pan American Airways; 94±13 Boyle; 94±14 B & G Instruments; 94±16 Ford; 94±33 Trans World Airlines; 94±41 Dewey Towner; 94±42 Taylor; 95±1 Diamond Aviation; 95±3 Delta Air Lines; 95±5 Araya; 95±6 Sutton; 95±7 Empire Airlines; 95±20 USAir; 95±21 Faisca; 95± 24 Delta Air Lines; 96±7 Delta Air Lines; 96±8 Empire Airlines; 96± 10 USAir, 96±11 USAir, 96±12 USAir; 92±21 Houseal; 97±4 [Airport Operator]; 97±5 WestAir. Assault (see also Battery, and Passenger Misconduct) ...... 96±6 Ignatov; 97±12 Mayer. ``Attempt'' ...... 89±5 Schultz. Attorney Conduct: Obstreperous or Disruptive ...... 94±39 Kirola. Attorney Fees (See EAJA) Aviation Safety Reporting System ...... 90±39 Hart; 91±12 Terry & Menne; 92±49 Richardson & Shimp. Balloon (Hot Air) ...... 94±2 Woodhouse. Bankruptcy ...... 91±2 Continental Airlines. Battery (see also Assault and Passenger Misconduct) ...... 96±6 Ignatov; 97±12 Mayer. Certificates and Authorizations: Surrender when revoked ...... 92±73 Wyatt. Civil Air Security National Airport: Inspection Program (CASNAIP) ...... 91±4 [Airport Operator]; 91±18 [Airport Operator]; 91±40 [Airport Oper- ation]; 91±41 [Airport Operator]; 91±58 [Airport Operator]. Civil Penalty Amount (See Sanction) Closing Argument (See Final Oral Argument) Collateral Estoppel ...... 91±8 Watts Agricultural Aviation. Complaint: Complainant Bound By ...... 90±10 Webb; 91±53 Koller. 38344 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] No Timely Answer to. (See Answer) Partial Dismissal/Full Sanction ...... 94±19 Pony Express; 94±40 Polynesian Airways. Staleness (see Stale Complaint Rule) Statute of Limitations (See Statute of Limitations) Timeliness of Complaint ...... 91±51 Hagwood; 93±13 Medel; 94±7 Hereth; 94±5 Grant. Withdrawal of ...... 94±39 Kirola; 95±6 Sutton. Compliance & Enforcement Program: (FAA Order No. 2150.3A) ...... 89±5 Schultz; 89±6 American Airlines; 91±38 Esau; 92±5 Delta Air Lines. Compliance/Enforcement Bulletin 92±3 ...... 96±19 [Air Carrier]. Sanction Guidance Table ...... 89±5 Schultz; 90±23 Broyles; 90±33 Cato; 90±37 Northwest Airlines; 91±3 Lewis; 92±5 Delta Air Lines. Concealment of Weapons (See Weapons Violations) Consolidation of Cases ...... 90±12, 90±18 & 90±19 Continental Airlines. Constitutionality of Regulations (See also Double Jeopardy): Generally ...... 90±12 Continental Airlines; 90±18 Continental Airlines; 90±19 Con- tinental Airlines; 90±37 Northwest Airlines; 96±1 [Airport Operator]; 96±25 USAir; 97±16 Mauna Kea. Continuance of Hearing ...... 90±25 Gabbert; 92±29 Haggland. Corrective Action (See Sanction) Credibility of Witnesses: Generally ...... 95±25 Conquest Helicopters; 95±26 Hereth. Bias ...... 97±9 Alphin. Defer to ALJ determination of ...... 90±21 Carroll; 92±3 Park; 93±17 Metcalf; 95±26 Hereth; 97±20 Werle. Expert witnesses (See also Witnesses) ...... 90±27 Gabbert; 93±17 Metcalf; 96±3 America West Airlines. Identification by eyewitnesses ...... 97±20 Werle. Impeachment ...... 94±4 Northwest Aircraft Rental. De facto answer ...... 92±32 Barnhill. Deliberative Process Privilege ...... 89±6 American Airlines; 90±12, 90±18 & 90±19 Continental Airlines. Deterrence ...... 89±5 Schultz; 92±10 Flight Unlimited; 95±16 Mulhall; 95±17 Larry's Flying Service; 97±11 Hampton. Discovery: Deliberative Process Privilege ...... 89±6 American Airlines; 90±12, 90±18 & 90±19 Continental Airlines. Depositions, generally ...... 91±54 Alaska Airlines. Notice of deposition ...... 91±54 Alaska Airlines. Failure to Produce ...... 90±18 & 90±19 Continental Airlines; 91±17 KDS Aviation; 93±10 Costello. Sanction for ...... 91±17 KDS Aviation; 91±54 Alaska Airlines. Regarding Unrelated Case ...... 92±46; Sutton-Sautter. Double Jeopardy ...... 95±8 Charter Airlines; 96±26 Midtown. Due Process: Generally ...... 89±6 American Airlines; 90±12 Continental Airlines; 90±37 Northwest Airlines; 96±1 [Airport Operator]; 97±8 Pacific Av. d/b/a Inter-Island Helicopters. Before finding a violation ...... 90±27 Gabbert. Multiple violations ...... 96±26 Midtown; 97±9 Alphin. No right to assigned counsel ...... 97±8 Pacific Av. d/b/a Inter-Island Helicopters; 97±9 Alphin. Violation of ...... 89±6 American Airlines; 90±12 Continental Airlines; 90±37 Northwest Airlines; 96±1 [Airport Operator]; 97±8 Pacific Av. d/b/a Inter-Island Helicopters. EAJA: Adversary Adjudication ...... 90±17 Wilson; 91±17 & 91±52 KDS Aviation; 94±17 TCI; 95±12 Toy- ota. Amount of award ...... 95±27 Valley Air. Appeal from ALJ decision ...... 95±9 Woodhouse. Expert witness fees ...... 95±27 Valley Air. Final disposition ...... 96±22 Woodhouse. Further proceedings ...... 91±52 KDS Aviation. Jurisdiction over appeal ...... 92±74 Wendt; 96±22 Woodhouse. Late-filed application ...... 96±22 Woodhouse. Other expenses ...... 93±29 Sweeney. Position of agency ...... 95±27 Valley Air. Prevailing party ...... 91±52 Aviation. Special circumstances ...... 95±18 Pacific Sky. Substantial justification ...... 91±52 & 92±71 KDS Aviation; 93±9 Wendt; 95±18 Pacific Sky; 95±27 Valley Air; 96±15 Valley Air. Supplementation of application ...... 95±27 Valley Air. Evidence (See Proof & Evidence) Ex Parte Communications ...... 93±10 Costello; 95±16 Mulhall; 95±19 Rayner. Expect Witnesses (See Witness): Extension of Time: By Agreement of Parties ...... 89±6 American Airlines; 92±41 Moore & Sabre Associates. Dismissal by Decisionmaker ...... 89±7 Zenkner; 90±39 Hart. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38345

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] Good Cause for ...... 89±8 Thunderbird Accessories. Objection to ...... 89±8 Thunderbird Accessories; 93±3 Wendt. Who may grant ...... 90±27 Gabbert. Federal Courts ...... 92±7 West; 97±1 Midtown Neon Sign. Federal Rules of Civil Procedure ...... 91±17 KDS Aviation. Federal Rules of Evidence (See also Proof & Evidence): Admissions ...... 96±25 USAir. Settlement Offers ...... 95±16 Mulhall; 96±25 USAir. Subsequent Remedial Measures ...... 96±24 Horizon; 96±25 USAir. Final Oral Argument ...... 92±3 Park. Firearms (See Weapons) Ferry Flights ...... 95±8 Charter Airlines. Flight & Duty Time: Circumstances beyond crew's control: Generally ...... 95±8 Charter Airlines. Foreseeability ...... 95±8 Charter Airlines. Late freight ...... 95±8 Charter Airlines. Weather ...... 95±8 Charter Airlines. Competency check flights ...... 96±4 South Aero. Limitation of Duty Time ...... 95±8 Charter Airlines; 96±4 South Aero. Limitation of Flight Time ...... 95±8 Charter Airlines. ``Other commercial flying''...... 95±8 Charter Airlines. Flights ...... 94±20 Conquest Helicopters. Freedom of Information Act ...... 93±10 Costello. Fuel Exhaustion ...... 95±26 Hereth. Guns (See Weapons) Ground Security Coordinator (See also Air Carrier; Standard Security Program): Failure to provide ...... 96±16 WestAir Commuter. Hazardous Materials: Transportation of, generally ...... 90±37 Northwest Airlines; 92±76 Safety Equipment; 92±77 TCI; 94±19 Pony Express; 94±31 Smalling; 95±12 Toyota; 95±16 Mulhall; 96±26 Midtown. Civil Penalty, generally ...... 96±77 TCI; 94±28 Toyota; 94±31 Smalling; 95±16 Mulhall; 96±25 Mid- town. Corrective Action ...... 92±77 TCI; 94±28 Toyota. Culpability ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling. Financial hardship ...... 95±16 Mulhall. Installment plan ...... 95±16 Mulhall. First-time violation ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling. Gravity of violation ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling; 96±26 Midtown. Minimum penalty ...... 95±16 Mulhall. Criminal Penalty ...... 92±77 TCI; 94±31 Smalling. EAJA, applicability of ...... 94±17 TCI; 95±12 Toyota. Individual violations ...... 95±16 Mulhall. Judicial review ...... 97±1 Midtown Neon Sign. Knowingly ...... 92±77 TCI; 94±19 Pony Express; 94±31 Smalling. Informal Conference ...... 94±4 Northwest Aircraft Rental. Initial Decision: What constitutes ...... 92±32 Barnhill. Interference with crewmembers (see also Passenger Misconduct; As- 92±3 Park; 96±6 Ignatov; 97±12 Mayer. sault). Interlocutory Appeal ...... 89±6 American Airlines; 91±54 Alaska Airlines; 93±37 Airspect; 94±32 Detroit Metropolitan. Internal FAA Policy &/or Procedures ...... 89±6 American Airlines; 90±12 Continental Airlines; 92±73 Wayatt. Jurisdiction: After initial decision ...... 90±20 Degenhardt; 90±33 Cato; 92±32 Barnhill; 93±38 Strohl. After Order Assessing Civil Penalty ...... 94±37 Houston; 95±19 Rayner. After withdrawal of complaint ...... 94±39 Kirola. $50,000 Limit ...... 90±12 Continental Airlines. EAJA cases ...... 92±74 Wendt; 96±22 Woodhouse. HazMat cases ...... 92±76 Safety Equipment. NTSB ...... 90±11 Thunderbird Accessories. Knowledge of concealed weapon (See also Weapons Violation) ...... 89±5 Schultz; 90±20 Degenhardt. Laches (See Unreasonable Delay) Mailing Rule, generally ...... 89±7 Zenkner; 90±3 Metz; 90±11 Thunderbird Accessories; 90±39 Hart. Overnight express delivery ...... 89±6 American Airlines. Maintenance (See Aircraft Maintenance) Maintenance Instruction ...... 93±36 Valley Air. Maintenance Manual ...... 93±11 Thunderbird Accessories; 96±25 USAir. Air carrier maintenance manual ...... 96±3 America West Airlines. Approved/accepted repairs ...... 96±3 America West Airlines. 38346 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] Manufacturer's maintenance manual ...... 96±3 America West Airlines. Minimum Equipment List (MEL) (See Aircraft Maintenance) Mootness, appeal dismissed as moot ...... 92±9 Griffin; 94±17 TCI. National Aviation Safety Inspection Program (NASIP) ...... 90±16 Rocky Mountain. National Transportation Safety Board: Administrator not bound by NTSB case law ...... 91±12 Terry & Menne; 92±49 Richardson & Shrimp; 93±18 Westair Commuter. Lack of Jurisdiction ...... 90±11 Thunderbird Accessories; 90±17 Wilson; 92±74 Wendt. Notice of Hearing: Receipt ...... 92±31 Eaddy. Notice of Proposed Civil Penalty: Initiates Action ...... 91±9 Continental Airlines. Signature of agency attorney ...... 93±12 Langton. Withdrawal of ...... 90±17 Wilson. Operate, generally ...... 91±12 & 91±31 Terry & Menne; 93±18 Westair Commuter; 96±17 Fenner. Responsibility of aircraft owner/operator for actions of pilot ...... 96±17 Fenner. Oral Argument before Administrator on appeal: Decision to hold ...... 92±16 Wendt. Instructions for ...... 92±27 Wendt. Order Assessing Civil Penalty: Appeal from ...... 92±1 Costello; 95±19 Rayner. Timeliness of request for hearing ...... 95±19 Rayner. Withdrawal of ...... 89±4 Metz; 90±16 Rocky Mountain; 90±22 USAir; 95±19 Rayner; 97±7 Stalling. Parts Manufacturer Approval (PMA): Failure to obtain ...... 93±19 Pacific Sky Supply. Passenger Misconduct ...... 92±3 Park. Assault/Battery ...... 96±6 Ignatov; 97±12 Mayer. Interference with a crewmember ...... 96±6 Ignatov; 97±12 Mayer. Smoking ...... 92±37 Giuffrida. Stowing carry-on items ...... 97±12 Mayer. Penalty (See Sanction; Hazardous Materials): Person ...... 93±18 Westair Commuter. Prima Facie Case (See also Proof & Evidence) ...... 95±26 Hereth; 96±3 America West Airlines. Proof & Evidence (See also Federal Rules of Evidence): Affirmative Defense ...... 92±13 Delta Air Lines; 92±72 Giuffrida. Burden of Proof ...... 90±26 & 90±43 Waddell; 91±3 Lewis; 91±30 Trujillo; 92±13 Delta Air Lines; 92±72 Giuffrida; 93±29 Sweeney. Circumstantial Evidence ...... 90±12, 90±19 & 91±9 Continental Airlines; 93±29 Sweeney; 96±3 America West Airlines; 97±10 Alphin; 97±11 Hampton. Credibility (See Administrative Law Judges; Credibility of Wit- nesses): Criminal standard rejected ...... 91±12 Terry & Menne. Closing Arguments (See also Final Oral Argument) ...... 94±20 Conquest Helicopters. Extra-record material ...... 95±26 Hereth; 96±24 Horizon. Hearsay ...... 92±72 Giuffrida. Identification by eyewitness reliability of ...... 97±20 Werle. Preponderance of evidence ...... 90±11 Thunderbird Accessories; 90±12 Continental Airlines; 91±12 & 91±31 Terry & Menne; 92±72 Giuffrida. Presumption that message on ATC tape is received as transmitted 91±12 Terry & Menne; 92±49 Richardson & Shimp. Presumption that a gun is deadly or dangerous ...... 90±26 Waddell; 91±30 Trujillo. Presumption that owner gave pilot permission ...... 96±17 Fenner. Prima facie case ...... 95±26 Hereth, 96±3 America West. Settlement offer ...... 95±16 Mulhall; 96±25 USAir. Subsequent remedial measures ...... 96±24 Horizon; 96±25 USAir. Substantial evidence ...... 92±72 Giuffrida. Pro Se Parties: Special Considerations ...... 90±11 Thunderbird Accessories; 90±3 Metz; 95±25 Conquest. Prosecutorial Discretion ...... 89±6 American Airlines; 90±23 Broyles; 90±38 Continental Airlines; 91±41 [Airport Operator]; 92±46 Sutton-Sautter; 92±73 Wyatt; 95±17 Larry's Flying Service. Reconsideration: Denied by ALJ ...... 89±4 & 90±3 Metz. Granted by ALJ ...... 92±32 Barnhill. Late Request for ...... 97±14 Pacific Aviation. Petition based on new material ...... 96±23 Kilrain. Repetitious petitions ...... 96±9 [Airport Operator]. Stay of Order Pending ...... 90±31 Carroll; 90±32 Continental Airlines. Redundancy, enhancing safety ...... 97±11 Hampton. Remand ...... 89±6 American Airlines; 90±16 Rocky Mountain; 90±24 Bayer; 91±51 Hagwood; 91±54 Alaska Airlines; 92±1 Costello; 92±76 Safety Equipment; 94±37 Houston; 97±18 Robinson. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38347

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] Repair Station ...... 90±11 Thunderbird Accessories; 92±10 Flight Unlimited; 94±2 Woodhouse; 97±9 Alphin; 97±10 Alphin. Request for Hearing ...... 94±37 Houston; 95±19 Rayner. Constructive withdrawal of ...... 97±7 Stalling. Rules of Practice (14 CFR Part 13, Subpart G): Applicability of ...... 90±12, 90±18 & 90±19 Continental Airlines; 91±17 KDS Aviation. Challenges to ...... 90±12, 90±18 & 90±19 Continetal Airlines; 90±21 Carroll; 90±37 North- west Airlines. Effect of Changes in ...... 90±21 Carroll; 90±22 USAir; 90±38 Continental Airlines. Initiation of Action ...... 91±9 Continental Airlines. Runway incursions ...... 92±40 Wendt; 93±18 Westair Commuter. Sanction: Ability to Pay ...... 89±5 Schultz; 90±10 Webb; 91±3 Lewis; 91±38 Esau; 92±10 Flight Un- limited; 92±32 Barnhill; 92±37 & 92±72 Giuffrida; 92±38 Cronberg; 92±46 Sutton-Sautter; 92±51 Koblick; 93±10 Costello; 94±4 North- west Aircraft Rental; 94±20 Conquest Helicopters; 95±16 Mulhall; 95±17 Larry's Flying Service; 97±8 Pacific Av. d/b/a Inter-Island Heli- copters; 97±11 Hampton; 97±16 Mauna Kea. Agency policy: ALJ Bound by ...... 90±37 Northwest Airlines; 92±46 Sutton-Sautter; 96±19 [Air Carrier]. Changes after complaint ...... 97±7 & 97±17 Stallings. Statements of (e.g., FAA Order 2150.3A, Sanction Guidance 90±19 Continental Airlines; 90±23 Broyles; 90±33 Cato; 90±37 North- Table, memoranda pertaining to). west Airlines; 92±46 Sutton-Sautter; 96±4 South Aero; 96±19 [Air Carrier]; 96±25 USAir. Superceded policy ...... 96±19 [Air Carrier]. Compliance Disposition ...... 97±23 Detroit Metropolitan. Consistency with Precedent ...... 96±6 Ignatov; 96±26 Midtown. Superceded policy ...... 96±19 [Air Carrier]. Corrective Action ...... 91±18 [Airport Operator]; 91±40 [Airport Operator]; 91±41 [Airport Op- erator]; 92±5 Delta Air Lines; 93±18 Westair Commuter; 94±28 Toy- ota; 96±4 South Aero; 96±19 [Air Carrier]; 97±16 Mauna Kea; 97±23 Detroit Metropolitan. Discovery (See Discovery) Factors to consider ...... 89±5 Schultz; 90±23 Broyles; 90±37 Northwest Airlines; 91±3 Lewis; 91±18 [Airport Operator]; 91±40 [Airport Operator]; 91±41 [Airport Operator]; 92±10 Flight Unlimited; 92±46 Sutton-Sautter; 92±51 Koblick; 94±28 Toyota; 95±11 Horizon; 96±19 [Air Carrier]; 96±26 Midtown; 97±16 Mauna Kea. First-Time Offenders ...... 89±5 Schultz; 92±5 Delta Air Lines; 92±51 Koblick. HazMat (See Hazardous Materials) Inexperience ...... 92±10 Flight Unlimited. Installment Payments ...... 95±16 Mulhall; 95±17 Larry's Flying Service. Maintenance ...... 95±11 Horizon; 96±3 America West Airlines; 97±8 Pacific Av. d/b/a Inter-Island Helicopters; 97±9 Alphin; 97±10 Hampton. Maximum ...... 90±10 Webb; 91±53 Koller; 96±19 [Air Carrier]. Minimum (HazMat) ...... 95±16 Mulhall; 96±26 Midtown. Modified ...... 89±5 Schultz; 90±11 Thunderbird Accessories; 91±38 Esau; 92±10 Flight Unlimited; 92±13 Delta Air Lines; 92±32 Barnhill. Partial Dismissal of Complaint/Full Sanction (See also Complaint) 94±19 Pony Express; 94±40 Polynesian Airways. Sanctions in specific cases: Passenger Misconduct ...... 97±12 Mayer. Person evading screening (see also Screening) ...... 97±20 Werle. Pilot Deviation ...... 92±8 Watkins. Test object detection ...... 90±18 & 90±19 Continental Airlines; 96±19 [Air Carrier]. Unairworthy aircraft ...... 97±8 Pacific Av. d/b/a Inter-Island Helicopters; 97±9 Alphin. Unauthorized access ...... 90±19 Continental Airlines; 90±37 Northwest Airlines; 94±1 Delta Air Lines. Weapons violations ...... 90±23 Broyles; 90±33 Cato; 91±3 Lewis; 91±38 Esau; 92±32 Barnhill; 92±46 Sutton-Sautter; 92±51 Koblick; 94±5 Grant; 97±7 & 97±17 Stallings. Screening of Persons: Air Carrier failure to detect weapon: Sanction ...... 94±44 American Airlines. Entering Sterile Areas ...... 90±24 Bayer; 92±58 Hoedl; 97±20 Werle. Sanction for evading screening (see also Sanction) ...... 97±20 Werle. Security (See Screening of Persons, Standard Security Program, Test Object Detection, Unauthorized Access, Weapons Violations): Sealing of Record ...... 97±13 Westair Commuter. Separation of Functions ...... 90±12 Continental Airlines; 90±18 Continental Airlines; 90±19 Con- tinental Airlines; 90±21 Carroll; 90±38 Continental Airlines; 93±13 Medel. Service (See also Mailing rule; Receipt): Of NPCP ...... 90±22 USAir; 97±20 Werle. 38348 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] Of FNPCP ...... 93±13 Medel. Receipt of document sent by mail ...... 92±31 Eaddy. Return of certified mail ...... 97±7 & 97±17 Stallings. Valid Service ...... 92±18 Bargen. Settlement ...... 91±50 & 92±1 Costello; 95±16 Mulhall. Smoking ...... 92±37 Giuffrida; 94±18 Luxemburg. Stale Complaint Rule: If NPCP not sent ...... 97±20 Werle. Standard Security Program (SSP): Compliance with ...... 90±12, 90±18 & 90±19 Continental Airlines; 91±33 Delta Airlines; 91± 55 Continental Airlines; 92±13 & 94±1 Delta Airlines; 96±19 [Air Car- rier]. Ground Security Coordinator ...... 96±16 Westair Commuter. Statute of Limitations ...... 97±20 Werle. Stay of Orders ...... 90±31 Carroll; 90±32 Continental Airlines. Pending judicial review ...... 95±14 Charter Airlines. Strict Liability ...... 89±5 Schultz; 90±27 Gabbert; 91±18 [Airport Operator]; 91±40 [Airport Operator]; 91±58 [Airport Operator]; 97±23 Detroit Metropolitan. Test Object Detection ...... 90±12, 90±18, 90±19, 91±9 & 91±55 Continental Airlines; 92±13 Delta Air Lines; 96±19 [Air Carrier] Proof of violation ...... 90±18, 90±19 & 91±9 Continental Airlines; 92±13 Delta Air Lines. Sanction ...... 90±18 & 90±19 Continental Airlines; 96±19 [Air Carrier] Timeliness (See also Complaint; Mailing Rule; and Appeals): Of response to NPCP ...... 90±22 USAir. Of complaint ...... 91±51 Hagwood; 93±13 Medel; 94±7 Hereth. Of NPCP ...... 92±73 Wyatt. Of reply brief ...... 97±11 Hampton. Of request for hearing ...... 93±12 Langton; 95±19 Rayner. Of EAJA application (See EAJA-Final disposition, EAJA-Jurisdiction): Unapproved Parts (See also Parts Manufacturer Approval) ...... 93±19 Pacific Sky Supply. Unauthorized Access: To Aircraft ...... 90±12 & 90±19 Continental Airlines; 94±1 Delta Air Lines. To Air Operations Area (AOA) ...... 90±37 Northwest Airlines; 91±18 [Airport Operator]; 91±40 [Airport Op- erator]; 91±58 [Airport Operator]; 94±1 Delta Air Lines. Unreasonable Delay In Initiating Action ...... 90±21 Carroll. Visual Cues Indicating Runway (see Airmen; Runway Incursion), 89±5 Schultz; 90±10 Webb; 90±20 Degenhardt; 90±23 Broyles; 90±33 Weapons Violations, generally. Cato; 90±26 & 90±43 Waddell; 91±3 Lewis; 91±30 Trujillo; 91±38 Easu; 91±53 Koller; 92±32 Barnhill; 92±46 Sutton-Sautter; 92±51 Koblick; 92±59 Petek-Jackson; 94±5 Grant; 94±44 American Airlines. Concealed weapon ...... 89±5 Schultz; 92±46 Sutton-Sautter; 92±51 Koblick. ``Deadly or Dangerous'' ...... 90±26 & 90±43 Waddell; 91±30 Trujillo; 91±38 Easu. First-time Offenders ...... 89±5 Schultz. Intent to commit violation ...... 89±5 Schultz; 90±20 Degenhardt; 90±23 Broyles; 90±26 Waddell; 91±3 Lewis; 91±53 Koller. Knowledge: Of Weapon Concealment (See also Knowledge) ...... 89±5 Schultz; 90±20 Degenhardt. Sanction (See Sanction) Weight and Balance ...... 94±40 Polynesian Airways. Witness (See also Credibility): Absence of, Failure to subpoena ...... 92±3 Park. Expert testimony: Evaluation of ...... 93±17 Metcalf; 94±3 Valley Air; 94±21 Sweeney; 96±3 America West Airlines; 96±15 Valley Air; 97±9 Alphin. Expert witness fees (See EAJA)

Regulations (Title 14 CFR, unless otherwise noted)

1.1 (maintenance) ...... 94±38 Bohan; 97±11 Hampton. 1.1 (major repair) ...... 96±3 American West Airlines. 1.1 (minor repair) ...... 96±3 American West Airlines. 1.1 (operate) ...... 91±12 & 91±31 Terry & Menne; 93±18 Westair Commuter; 96±17 Fenner. 1.1 (person) ...... 93±18 Westair Commuter. 1.1 (propeller) ...... 96±15 Valley Air. 13.16 ...... 90±16 Rocky Mountain; 90±22 USAir; 90±37 Northwest Airlines; 90±38 & 91±9 Continental Airlines; 91±18 [Airport Operator]; 91±51 Hagwood; 92±1 Costello; 92±46 Sutton-Sautter; 93±13 Medel; 93±28 Strohl; 94±27 Larsen; 94±37 Houston; 94±31 Smalling; 95±19 Rayner; 96±26 Midtown Neon Sign; 97±1 Midtown Neon Sign; 97±9 Alphin. 13.201 ...... 90±12 Continental Airlines. 13.202 ...... 90±6 American Airlines; 92±76 Safety Equipment. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38349

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] 13.203 ...... 90±12 Continental Airlines; 90±21 Carroll; 90±38 Continental Airlines. 13.204 ...... 13.205 ...... 90±20 Degenhardt; 91±17 KDS Aviation; 91±54 Alaska Airlines; 92±32 Barnhill; 94±32 Detroit Metropolitan; 94±39 Kirola; 95±16 Mulhall; 97±20 Werle. 13.206 ...... 13.207 ...... 94±39 Kirola. 13.208 ...... 90±21 Carroll; 91±51 Hagwood; 92±73 Wyatt; 92±76 Safety Equip- ment; 93±13 Medel; 93±28 Strohl; 94±7 Hereth; 97±20 Werle. 13.209 ...... 92±3 Metz; 90±15 Playter; 91±18 [Airport Operator]; 92±32 Barnhill; 92±47 Cornwall; 92±75 Beck; 92±76 Safety Equipment; 94±8 Nunez; 94±5 Grant; 94±22 Harkins; 94±29 Sutton; 94±30 Columna; 95±10 Diamond; 95±28 Atlantic World Airways; 97±7 Stalling; 97±18 Robin- son. 13.210 ...... 92±19 Cornwall; 92±75 Beck; 92±76 Safety Equipment; 93±7 Dunn; 93±28 Strohl; 94±5 Grant; 94±30 Columna; 95±28 Atlantic World Air- ways; 96±17 Fenner; 97±11 Hampton; 97±18 Robinson. 13.211 ...... 89±6 American Airlines; 89±7 Zenkner; 90±3 Metz; 90±11 Thunderbird Accessories; 90±39 Hart; 91±24 Esau; 92±1 Costello; 92±9 Griffin; 92±18 Bargen; 92±19 Cornwall; 92±57 Detroit Metro, Wayne County Airport; 92±74 Wendt; 92±76 Safety Equipment; 93±2 Wendt; 94±5 Grant; 94±18 Luxemburg; 94±29 Sutton; 95±12 Toyota; 95±28 Val- ley Air; 97±7 Stalling; 97±11 Hampton. 13.212 ...... 90±11 Thunderbird Accessories; 91±2 Continental Airlines. 13.213 ...... 13.214 ...... 91±3 Lewis. 13.215 ...... 93±28 Strohl; 94±39 Kirola. 13.216 ...... 13.217 ...... 91±17 KDS Aviation. 13.218 ...... 89±6 American Airlines; 90±11 Thunderbird Accessories; 90±39 Hart; 92±9 Griffin; 92±73 Wyatt; 93±19 Pacific Sky Supply; 94±6 Strohl; 94±27 Larsen; 94±37 Houston; 95±18 Rayner; 96±16 WestAir; 96± 24 Horizon. 13.219 ...... 89±6 American Airlines; 91±2 Continental Airlines; 91±54 Alaska Air- lines; 93±37 Airspect; 94±32 Detroit Metro, Wayne Airport. 13.220 ...... 89±6 American Airlines; 90±20 Carroll; 91±8 Watts Agricultural Avia- tion; 91±17 KDS Aviation; 91±54 Alaska Airlines; 92±46 Sutton- Sautter. 13.221 ...... 92±29 Haggland; 92±31 Eaddy; 92±52 Cullop. 13.222 ...... 92±72 Giuffrida; 96±15 Valley Air. 13.223 ...... 91±12 & 91±31 Terry & Menne; 92±72 Giuffrida; 95±26 Hereth; 96±15 Valley Air; 97±11 Hampton. 13.224 ...... 90±26 Waddell; 91±4 [Airport Operator]; 92±72 Giuffrida; 94±18 Lux- emburg; 94±28 Toyota; 95±25 Conquest; 96±17 Fenner. 13.225 ...... 13.226 ...... 13.227 ...... 90±21 Carroll; 95±26 Hereth. 13.228 ...... 92±3 Park. 13.229 ...... 13.230 ...... 92±19 Cornwall; 95±26 Hereth; 96±24 Horizon. 13.231 ...... 92±3 Park. 13.232 ...... 89±5 Schultz; 90±20 Degenhardt; 92±1 Costello; 92±18 Bargen; 92±32 Barnhill; 93±28 Strohl; 94±28 Toyota; 95±12 Toyota; 95±16 Mulhall; 96±6 Ignatov. 13.233 ...... 89±1 38350 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] 13.233 ...... Gressani; 89±4 Metz; 89±5 Schultz; 89±7 Zenkner; 89±8 Thunderbird Accessories; 90±3 Metz; 90±11 Thunderbird Accessories; 90±19 Continental Airlines; 90±20 Degenhardt; 90±25 & 90±27 Gabbert; 90±35 P. Adams; 90±19 Continental Airlines; 90±39 Hart; 91±2 Con- tinental Airlines; 91±3 Lewis; 91±7 Pardue; 91±8 Watts Agricultural Aviation; 91±10 Graham; 91±11 Continental Airlines; 91±12 Bargen; 91±24 Esau; 91±26 Britt Airways; 91±31 Terry & Menne; 91±32 Bargen; 91±43 & 91±44 Delta; 91±45 Park; 91±46 Delta; 91±47 Delta; 91±48 Wendt; 91±52 KDS Aviation; 91±53 Koller; 92±1 Costello; 92±3 Park; 92±7 West; 92±11 Alilin; 92±15 Dillman; 92±16 Wendt; 92±18 Bargen; 92±19 Cornwall; 92±27 Wendt; 92±32 Barnhill; 92±34 Carrell; 92±35 Bay Land Aviation; 92±36 Southwest Airlines; 92±39 Beck; 92±45 O'Brien; 92±52 Beck; 92±56 Montauk Caribbean Airways; 92±57 Detroit Metro. Wayne Co. Airport; 92±67 USAir; 92±69 McCabe; 92±72 Giuffrida; 92±74 Wendt; 92±78 TWA; 93±5 Wendt; 93±6 Westair Commuter; 93±7 Dunn; 93±8 Nunez; 93± 19 Pacific Sky Supply; 93±23 Allen; 93±27 Simmons; 93±28 Strohl; 93±31 Allen; 93±32 Nunez; 94±9 B & G Instruments; 94±10 Boyle; 94±12 Bartusiak; 94±15 Columna; 94±18 Luxemburg; 94±23 Perez; 94±24 Page; 94±26 French Aircraft; 94±28 Toyota; 95±2 Meronek; 95±9 Woodhouse; 95±13 Kilrain; 95±23 Atlantic World Airways; 95± 25 Conquest; 95±26 Hereth; 96±1 [Airport Operator]; 96±2 Skydiving Center; 97±1 Midtown Neon Sign; 97±2 Sanford Air; 97±7 Stalling; 97±22 Sanford Air. 13.234 ...... 90±19 Continental Airlines; 90±31 Carroll; 90±32 & 90±38 Continental Airlines; 91±4 [Airport Operator]; 95±12 Toyota; 96±9 [Airport Opera- tor]; 96±23 Kilrain. 13.235 ...... 90±11 Thunderbird Accessories; 90±12 Continental Ailines; 90±15 Playter; 90±17 Wilson; 92±7 West. Part 14 ...... 92±74 & 93±2 Wendt; 95±18 Pacific Sky Supply. 14.01 ...... 91±17 & 92±71 KDS Aviation. 14.04 ...... 91±17, 91±52 & 92±71 KDS Aviation; 93±10 Costello; 95±27 Valley Air. 14.05 ...... 90±17 Wilson. 14.12 ...... 95±27 Valley Air. 14.20 ...... 91±52 KDS Aviation; 96±22 Woodhouse. 14.22 ...... 93±29 Sweeney. 14.26 ...... 91±52 KDS Aviation; 94±27 Valley Air. 14.28 ...... 95±9 Woodhouse. 21.181 ...... 96±25 USAir. 21.303 ...... 93±19 Pacific Sky Supply; 95±18 Pacific Sky Supply. 25.855 ...... 92±37 Giuffrida. 39.3 ...... 92±10 Flight Unlimited; 94±4 Northwest Aircraft Rental. 43.3 ...... 92±73 Wyatt. 43.5 ...... 96±18 Kilrain. 43.9 ...... 91±8 Watts Agricultural Aviation. 43.13 ...... 90±11 Thunderbird Accessories; 94±3 Valley Air; 94±38 Bohan; 96±3 America West Airlines; 96±25 USAir; 97±9 Alphin; 97±10 Alphin. 43.15 ...... 90±25 and 90±27 Gabbert; 91±8 Watts Agricultural Aviation; 94±2 Woodhouse; 96±18 Kilrain. 65.15 ...... 92±73 Wyatt. 65.92 ...... 92±73 Wyatt. 91.7 ...... 97±8 Pacific Av. d/b/a Inter-Island Helicopters; 97±16 Mauna Kea. 91.8 (91.11 as of 8/18/90) ...... 92±3 Park. 91.9 (91.13 as of 8/18/90) ...... 90±15 Playter; 91±12 and 91±31 Terry & Menne; 92±8 Watkins; 92±40 Wendt; 92±48 USAir; 92±49 Richardson & Shimp; 92±47 Cornwall; 92±70 USAir; 93±9 Wendt; 93±17 Metcalf; 93±18 Westair Com- muter; 93±29 Sweeney; 94±29 Sutton; 95±26 Hereth; 96±17 Fenner. 91.11 ...... 96±6 Ignatov; 97±12 Mayer. 91.29 (91.7 as of 8/18/90) ...... 91±8 Watts Agricultural Aviation; 92±10 Flight Unlimited; 94±4 North- west Aircraft Rental. 91.65 (91.111 as of 8/18/90) ...... 91±29 Sweeney; 94±21 Sweeney. 91.67 (91.113 as of 8/18/90) ...... 91±29 Sweeney. 91.71 ...... 97±11 Hampton. 91.75 (91.123 as of 8/18/90) ...... 91±12 and 91±31 Terry & Menne; 92±8 Watkins; 92±40 Wendt; 92±49 Richardson & Shimp; 93±9 Wendt. 91.79 (91.119 as of 8/18/90) ...... 90±15 Playter; 92±47 Cornwall; 93±17 Metcalf. 91.87 (91.129 as of 8/18/90) ...... 91±12 and 91±31 Terry & Menne; 92±8 Watkins. 91.103 ...... 95±26 Hereth. 91.111 ...... 96±17 Fenner. 91.113 ...... 96±17 Fenner. 91.151 ...... 96±26 Hereth. 91.173 (91.417 as of 8/18/90) ...... 91±8 Watts Agricultural Aviation. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38351

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] 91.213 ...... 97±11 Hampton. 91.403 ...... 97±8 Pacific Av. d/b/a Inter-Island Helicopters. 91.405 ...... 97±16 Mauna Kea. 91.703 ...... 94±29 Sutton. 107.1 ...... 90±19 Continental Airlines; 90±20 Degenhardt; 91±4 [Airport Operator]. 107.13 ...... 90±12 & 90±19 Continental Airlines; 91±4 [Airport Operator]; 91±18 [Airport Operator]; 91±40 [Airport Operator]; 91±41 [Airport Opera- tor]; 91±58 Airport Operator]; 96±1 [Airport Operator]; 97±23 Detroit Metropolitan. 107.20 ...... 90±24 Bayer; 92±58 Hoedl; 97±20 Werle. 107.21 ...... 89±5 Schultz; 90±10 Webb; 90±22 Degenhardt; 90±23 Broyles; 90±26 & 90±43 Waddell; 90±33 Cato; 90±39 Hart; 91±3 Lewis; 91±10 Gra- ham; 91±30 Trujillo; 91±38 Esau; 91±53 Koller, 92±32 Barnhill; 92± 38 Cronberg; 92±46 Sutton Sautter; 92±51 Koblick; 92±59 Petek- Jackson; 94±5 Grant; 94±31 Smalling; 97±7 Stalling. 107.25 ...... 94±30 Columna. 108.5 ...... 90±12, 90±18, 90±19, 91±2 & 91±9 Continental Airlines; 91±33 Delta Air Lines; 91±54 Alaska Airlines; 91±55 Continental Airlines; 92±13 & 94±1 Delta Air Lines; 94±44 American Airlines; 96±16 WestAir; 96±19 [Air Carrier]. 108.7 ...... 90±18 & 90±19 Continental Airlines. 108.10 ...... 96±16 WestAir. 108.11 ...... 90±23 Broyles; 90±26 Waddell; 91-3 Lewis; 92±46 Sutton-Sautter; 94± 44 American Airlines. 108.13 ...... 90±12 & 90±19 Continental Airlines; 90±37 Northwest Airlines. 121.133 ...... 90±18 Continental Airlines. 121.153 ...... 92±48 & 92±70 USAir; 95±11 Horizon; 96±3 America West Airlines; 96±24 Horizon; 96±25 USAir; 97±21 Delta. 121.317 ...... 92±37 Giuffrida; 94±18 Luxemburg. 121.318 ...... 92±37 Giuffrida. 121.367 ...... Continental Airlines; 96±25 USAir. 121.571 ...... 92±37 Giuffrida. 121.589 ...... 97±12 Mayer. 121.628 ...... 95±11 Horizon; 97±21 Delta. 135.1 ...... 95±8 Charter Airlines; 95±25 Conquest. 135.5 ...... 94±3 Valley Air; 94±20 Conquest Helicopters; 95±25 Conquest; 95±27 Valley Air; 96±15 Valley Air. 135.25 ...... 92±10 Flight Unlimited; 94±3 Valley Air; 95±27 Valley Air; 96±15 Valley Air. 135.63 ...... 94±40 Polynesian Airways; 95±17 Larry's Flying Service; 95±28 Atlan- tic; 96±4 South Aero. 135.87 ...... 90±21 Carroll. 135.95 ...... 95±17 Larry's Flying Service. 135.179 ...... 97±11 Hampton. 135.185 ...... 94±40 Polynesian Airways. 135.263 ...... 95±9 Charter Airlines; 96±4 South Aero. 135.267 ...... 95±8 Charter Airlines; 95±17 Larry's Flying Service; 96±4 South Aero. 135.293 ...... 95±17 Larry's Flying Service; 96±4 South Aero. 135.343 ...... 95±17 Larry's Flying Service. 135.411 ...... 97±11 Hampton.. 135.413 ...... 94±3 Valley Air; 96±15 Valley Air; 97±8 Pacific Av. d/b/a Inter-Island Helicopters; 97±16 Mauna Kea. 135.421 ...... 93±36 Valley Air; 94±3 Valley Air; 96±15 Valley Air. 135.437 ...... 94±3 Valley Air; 96±15 Valley Air. 145.1 ...... 97±10 Alphin. 145.3 ...... 97±10 Alphin. 145.25 ...... 97±10 Alphin. 145.45 ...... 97±10 Alphin. 145.47 ...... 97±10 Alphin. 145.49 ...... 97±10 Alphin. 145.53 ...... 97±11 Thunderbird Accessories. 145.57 ...... 94±2 Woodhouse; 97±9 Alphin. 145.61 ...... 90±11 Thunderbird Accessories. 191 ...... 90±12 & 90±19 Continental Airlines; 90±37 Northwest Airlines. 298.1 ...... 92±10 Flight Unlimited. 302.8 ...... 90±22 USAir. 49 CFR: 1.47 ...... 92±76 Safety Equipment. 171 et seq...... 95±10 Diamond. 171.2 ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling; 95±16 Mulhall; 96±26 Mid- town. 171.8 ...... 92±77 TCI. 172.101 ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling; 96±26 Midtown. 38352 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] 172.200 ...... 92±77 TCI; 94±28 Toyota; 95±16 Mulhall; 96±26 Midtown. 172.202 ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling; 95±16 Mulhall. 172.203 ...... 94±28 Toyota. 172.204 ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling; 95±16 Mulhall. 172.300 ...... 94±31 Smalling; 95±16 Mulhall; 96±26 Midtown. 172.301 ...... 94±31 Smalling; 95±16 Mulhall. 172.304 ...... 92±77 TCI; 94±31 Smalling; 95±16 Mulhall. 172.400 ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling; 95±16 Mulhall. 172.402 ...... 94.28 Toyota. 172.406 ...... 92±77 TCI. 173.1 ...... 92±77 TCI; 94±28 Toyota; 94±31 Smalling; 95±16 Mulhall. 173.3 ...... 94±28 Toyota; 94±31 Smalling. 173.6 ...... 94±28 Toyota. 173.22(a) ...... 94±28 Toyota; 94±31 Smalling. 173.24 ...... 94±28 Toyota; 95±16 Mulhall. 173.25 ...... 94±28 Toyota. 173.27 ...... 92±77 TCI. 173.115 ...... 92±77 TCI. 173.240 ...... 92±77 TCI. 173.243 ...... 94±28 Toyota. 173.260 ...... 94±28 Toyota. 173.266 ...... 94±28 Toyota; 94±31 Smalling. 175.25 ...... 94±31 Smalling. 191.5 ...... 97±13 Westair Commuter. 191.7 ...... 97±13 Westair Commuter. 821.30 ...... 92±73 Wyatt. 821.33 ...... 90±21 Carroll.

Statutes

5 U.S.C.: 504 ...... 90±17 Wilson; 91±17 & 92±71 KDS Aviation; 92±74, 93±2 & 93±9 Wendt; 93±29 Sweeney; 94±17 TCI; 95±27 Valley Air; 96±22 Woodhouse. 552 ...... 90±12, 90±18 & 90±19 Continental Airlines; 93±10 Costello. 554 ...... 90±18 Continental Airlines; 90±21 Carroll; 95±12 Toyota. 556 ...... 90±21 Carroll; 91±54 Alaska Airlines. 557 ...... 90±20 Degenhardt; 90±21 Carroll; 90±37 Northwest Airlines; 94±28 Toyota. 705 ...... 95±14 Charter Airlines. 5332 ...... 95±27 Valley Air. 11 U.S.C.: 362 ...... 91±2 Continental Airlines. 28 U.S.C.: 2412 ...... 93±10 Costello; 96±22 Woodhouse. 2462 ...... 90±21 Carroll. 49 U.S.C.: 5123 ...... 95±16 Mulhall; 96±26 & 97±1 Midtown Neon Sign. 40102 ...... 96±17 Fenner. 44701 ...... 96±6 Ignatov; 96±17 Fenner. 44704 ...... 96±3 America West Airlines; 96±15 Valley Air. 46110 ...... 96±22 Woodhouse; 97±1 Midtown Neon Sign. 46301 ...... 97±1 Midtown Neon Sign; 97±16 Mauna Kea; 97±20 Werle. 46303 ...... 97±7 Stalling. 49 U.S.C. App.: 1301(31) (operate) ...... 93±18 Westair Commuter. (32) (person) ...... 93±18 Westair Commuter. 1356 ...... 90±18 & 90±19, 91±2 Continental Airlines. 1357 ...... 90±18, 90±19 & 91±2 Continental Airlines; 91±41 [Airport Operator]; 91±58 [Airport Operator]. 1421 ...... 92±10 Flight Unlimited; 92±48 USAir; 92±70 USAir; 93±9 Wendt. 1429 ...... 92±73 Wyatt. 1471 ...... 89±5 Schultz; 90±10 Webb; 90±20 Degenhardt; 90±12, 90±18 & 90±19 Continental Airlines; 90±23 Broyles; 90±26 & 90±43 Waddell; 90±33 Cato; 90±37 Northwest Airlines; 90±39 Hart; 91±2 Continental Air- lines; 91±3 Lewis; 91±18 [Airport Operator]; 91±53 Koller; 92±5 Delta Airlines; 92±10 Flight Unlimited; 92±46 Sutton-Sautter; 92±51 Koblick; 92±74 Wendt; 92±76 Safety Equipment; 94±20 Conquest Helicopters; 94±40 Polynesian Airways; 96±6 Ignatov; 97±7 Stalling. 1472 ...... 96±6 Ignatov. 1475 ...... 90±20 Degenhardt; 90±12 Continental Airlines; 90±18, 90±19 & 91±1 Continental Airlines; 91±3 Lewis; 91±18 [Airport Operator]; 94±40 Polynesian Airways. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38353

CIVIL PENALTY ACTIONSÐORDERS ISSUED BY THE ADMINISTRATOR SUBJECT MATTER INDEXÐContinued [Current as of June 30, 1997] 1486 ...... 90±21 Carroll; 96±22 Woodhouse. 1809 ...... 92±77 TCI; 94±19 Pony Express; 94±28 Toyota; 94±31 Smalling; 95± 12 Toyota.

Civil Penalty Actions—Orders Issued law judge’s finding that Mauna Kea did Order No. 92–32 (5/5/92) for the by the Administrator Digests not prove financial hardship. In certain proposition that pre-complaint writings, exceptional cases it is possible that the including responses to notices of (Current as of June 30, 1997) testimony of a credible, independent proposed civil penalty, do not satisfy The digests of the Administrator’s witness could suffice to prove financial the requirement for an answer. Also the final decisions and orders are arranged hardship, even without supporting Administrator notes that if Mr. by order number, and briefly summarize documentary evidence; however the Misserlian had wanted to rely upon pre- key points of the decision. The uncorroborated testimony in this case complaint correspondence, he should following compilation of digests was too weak to prove financial have re-filed that correspondence as the includes all final decisions and orders hardship. The Administrator affirms the answer within the timeframe of 14 CFR issued by the Administrator from April penalties assessed by the law judge in 13.209(a). The law judge’s assessment of 1, 1997, to June 30, 1997. The FAA will each case involving violations of 14 CFR a $1,000 civil penalty for a violation of publish noncumulative supplements to 91.7(a), 91.405(a) and 135.413(a): 14 CFR 107.20 is affirmed. this compilation on a quarterly basis $10,000 in Docket No. CP94WP0005; In the Matter of Nicholas Werle (e.g., April, July, October, and January of $15,000 in Docket No. CP94WP0021; each year). $30,000 in Docket No. CP94WP0022. FAA Order No. 97–20 (5/23/97) These digests do not constitute legal The argument that the penalties are authority, and should not be cited or Appeal Denied. The Administrator excessive in light of ‘‘remedial action’’ affirms the law judge’s finding that Mr. relied upon as such. The digests are not taken by Mauna Kea is rejected. intended to serve as a substitute for Werle bypassed x-ray screening at an proper legal research. Parties, attorneys, In the Matter of Ronald V. Stallings airport security checkpoint in violation of 14 CFR 107.20. The Administrator and other interested persons should Order No. 97–17 (5/23/97) always consult the full text of the rejects the arguments regarding Administrator’s decisions before citing Appeal Dismissed. The notice of Complainant’s alleged failure to send them in any context. appeal is dismissed because Mr. him a Notice of Proposed Civil Penalty, Stallings failed to file a brief (see FAA finding that the Notice had indeed been In the Matter of Pacific Aviation Order No. 97–7 (2/20/97.) The penalty sent, and even if it had not, Mr. Werle International d/b/a Inter-Island is reduced from $2,000 to $500 to bring had timely notice of the allegations. The Helicopters the penalty into line with current Administrator cites In the Matter of Order No. 97–14 (5/2/97) agency policy regarding similar Park, FAA Order No. 92–3 (1/9/92) for the proposition that a law judge’s Petition for Reconsideration violations of 14 CFR 107.21(a)(1) and 49 U.S.C. 46303(a). credibility findings will not be Dismissed. Inter-Island’s petition for disturbed on review based upon minor reconsideration is dismissed because it In the Matter of Pierre A. Robinson inconsistencies in the evidence. The was filed late under 14 CFR 13.234(a) FAA Order No. 97–18 (5/23/97) Administrator affirms the law judge’s and good cause for the delay was not determination that the witnesses’ shown. Case Remanded to Office of Hearings. identification of Mr. Werle was reliable, In the Matter of Ray Randall Houston Case remanded to the law judge to give holding that under the totality of the and Johnson County Aerial Services, Mr. Robinson an opportunity to circumstances, the absence of a line-up Inc. demonstrate good cause for failure to did not render this identification file an answer to the complaint within unreliable. Also, the Administrator Order No. 97–15 (5/8/97) the timeframe set forth in 14 CFR affirmed the assessment of a $1,000 civil Appeal Dismissed. Respondents’ 13.209. This decision quotes In the penalty for the violation of 14 CFR appeal is dismissed for failure to perfect Matter of Atlantic World Airways, FAA 107.20. under 14 CFR 13.233(d)(2). Order No. 95–28 (12/19/95), for the proposition that the ‘‘Rules of Practice In the Matter of Delta Air Lines, Inc. In the Matter of Mauna Kea Helicopters do not grant law judges the authority to FAA Order No. 97–21 (5/28/97) extend the deadline for filing an answer Order No. 97–16 (5/23/97) Appeal Granted. The law judge held without a showing of good cause.’’ Appeal Denied. The Administrator that Complainant failed to prove that an finds that he does, contrary to Mauna In the Matter of Donald M. Missirlian inoperative number 2 bus galley power Kea’s argument, have jurisdiction over switch indicator light in the cockpit of FAA Order No. 97–19 (5/23/97) the appeal. The Administrator rejects a Lockheed L–1011 aircraft rendered the Mauna Kea’s argument that it was Dismissal of Request for Hearing aircraft unairworthy. The Administrator denied due process because it did not Affirmed. The Administrator affirms the reverses the law judge’s finding that receive an initial decision from the law law judge’s dismissal of the request for Delta did not violate 14 CFR judge in one of the three consolidated hearing due to Mr. Misserlian’s failure 121.153(a)(2) and assesses a $4,000 civil cases. The Administrator finds that the to file an answer to the complaint. The penalty. record supports the law judge’s Administrator finds that Mr. Misserlian Airworthiness. The Administrator assessment of the testimony of a Mauna failed to demonstrate good cause for notes that air carriers may not take off Kea witness as weak, vacillating, vague failing to file the answer. This decision with an inoperable instruments or and uncorroborated, and upholds the cites In the Matter of Barnhill, FAA equipment unless an approved 38354 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

Minimum Equipment List (MEL) exists Civil Penalty Cases Digest Service, 401, Burlington, MA 01803–5299; that so permits, citing 14 CFR 121.628. published by Hawkins Publishing (617) 238–7050. It is the agency’s position that without Company, Inc., P.O. Box 480, Mayo, Office of the Assistant Chief Counsel for an applicable MEL provision, an MD, 21106, (410) 798–1677; the Northwest Mountain Region inoperable instrument or piece of Federal Aviation Decisions, Clark (ANW–7), Northwest Mountain equipment renders the aircraft’s Boardman Callaghan, a subsidiary of Region Headquarters, 1601 Lind airworthiness certificate ineffective. West Information Publishing Company, Avenue, SW, Renton, WA 98055– It is held that a light in the cockpit, 50 Broad Street East, Rochester, NY 4556; (206) 227–2007. indicating to the flight crew whether 14694, 1–800–221–9428. Office of the Assistant Chief Counsel for power is going to the galley is neither 2. CD–ROM. the Administrator’s the Southern Region (ASO–7), galley equipment nor a passenger orders and decisions are available on Southern Region Headquarters, 1701 convenience item. Hence, the MEL did CD–ROM through Aeroflight Columbia Avenue, College Park, GA not allow the aircraft to operate with Publications, P.O. Box 854, 433 Main 30337; (404) 305–5200. that cockpit indicator light inoperative, Street, Gruver, TX 79040, (806) 733– Office of the Assistant Chief Counsel for and the aircraft did not conform to its 2483. the Southwest Region (ASW–7), type design. Also, the evidence 3. On-Line Services. The Southwest Regional Headquarters, indicated that the inoperative indicator Administrator’s decisions and orders in 2601 Meacham Blvd., Fort Worth, TX light reduced the margin of safety that civil penalty cases are available through 76137–4298; (817) 222–5087. the following on-line services: Office of the Assistant Chief Counsel for conformity with the type design is • intended to provide. The Administrator Westlaw (the Database ID is the Technical Center (ACT–7), FTRAN–FAA). Federal Aviation Administration finds that the aircraft was unairworthy • under both prongs of the test for LEXIS [Transportation (TRANS) Technical Center, Atlantic City airworthiness. See e.g., In the Matter of Library, FAA file]. International Airport, Atlantic City, • Compuserve. Valley Air Services, FAA Order No. 96– NJ 08405; (609) 485–7087. • FedWorld. Office of the Assistant Chief Counsel for 15 (5/3/96); In the Matter of Watts the Western-Pacific Region (AWP–7), Agricultural Aviation, Inc., FAA Order FAA Offices Western-Pacific Regional No. 91–8 (4/11/91). The Administrator’s decisions and Headquarters, 15000 Aviation Administrator distinguishes this case orders, indexes, and digests are Boulevard, Lawndale, Ca 90261; (310) from Administrator v. Calavaero, 5 available for public inspection and 725–7100. NTSB 1099 (1986). copying at the following location in Issued in Washington, DC on July 10, 1997. In the Matter of Sanford Air, Inc. FAA headquarters: FAA Hearing Docket, Federal Aviation James S. Dillman, FAA Order No. 97–22 (5/28/97) Administration, 800 Independence Assistant Chief Counsel for Litigation. [FR Doc. 97–18757 Filed 7–16–97; 8:45 am] Additional Written Argument Avenue, SW., Room 924A, Washington, Allowed. Sanford Air’s request to file an DC 20591; (202) 267–3641. BILLING CODE 4910±13±M additional brief is granted. It is possible These materials are also available at all FAA regional and center legal offices that Sanford Air’s claim that there are DEPARTMENT OF TRANSPORTATION factual errors in Complainant’s reply at the following locations: brief has merit. Additional brief should Office of the Assistant Chief Counsel for Federal Aviation Administration be limited to alleged factual errors. the Aeronautical Center (AMC–7), Mike Monroney Aeronautical Center, Intent to Rule on Application to Impose In the Matter of Detroit-Metropolitan 6500 South MacArthur Blvd., a Passenger Facility Charge (PFC) at Wayne County Airport Oklahoma City, OK 73125; (405) 954– Chicago O'Hare International Airport, FAA Order No. 97–23 (6/5/97) 3296. Chicago, Illinois and Use PFC Revenue Office of the Assistant Chief Counsel for at Gary Regional Airport, Gary, Indiana Appeal Denied. The Administrator the Alaskan Region (AAL–7), Alaskan reiterates that 14 CFR 107.13(a) does not Region Headquarters, 222 West 7th AGENCY: Federal Aviation impose absolute liability on airport Avenue, Anchorage, AK 99513; (907) Administration (FAA), DOT. operators, citing In the Matter of 271–5269. ACTION: Notice of Intent to Rule on [Airport Operator], FAA Order No. 96– Office of the Assistant Chief Counsel for application. 1 (1/4/96). The Administrator finds that the Central Region (ACE–7), Central SUMMARY: the law judge was correct in finding a Region Headquarters, 601 East 12th The FAA proposes to rule and violation in this case because airport Street, Federal Building, Kansas City, invites public comment on the personnel failed to stop and challenge MO 64106; (816) 426–5446. application to impose a PFC at Chicago the unauthorized individual who had Office of the Assistant Chief Counsel for O’Hare International Airport and use the entered and crossed the restricted area. the Eastern Region (ACE–7), Eastern revenue from a PFC at Gary Regional The airport operator had not properly Region Headquarters, JFK Airport under the provisions of the implemented its airport security International Airport, Federal Aviation Safety and Capacity Expansion program. The Administrator affirms the Building, Jamaica, NY 11430; (718) Act of 1990 (Title IX of the Omnibus $1,000 civil penalty. 553–3285. Budget Reconciliation Act of 1990) (Pub. L. 101–508) and Part 158 of the Commercial Reporting Services of the Office of the Assistant Chief Counsel for the Great Lakes Region (AGL–7), 2300 Federal Aviation Regulations (14 CFR Administrator’s Civil Penalty Decisions Part 158). and Orders East Devon Avenue, Suite 419, Des Plaines, IL 60018; (708) 294–7108. DATES: Comments must be received on 1. Commercial Publications: The Office of the Assistant Chief Counsel for or before August 18, 1997. Administrator’s decisions and orders in the New England Region (ANE–7), ADDRESSES: Comments on this civil penalty cases are available in the New England Region Headquarters, 12 application may be mailed or delivered following commercial publications: New England Executive Park, Room in triplicate to the FAA at the following Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38355 address: Federal Aviation Any person may inspect the Airports District Office, 600 Old County Administration, Chicago Airports application in person at the FAA office Road, Suite 446, Garden City, New York District Office, 2300 East Devon listed above under FOR FURTHER 11530 (Telephone 516–227–3800). The Avenue, Room 201, Des Plaines, Illinois INFORMATION CONTACT. application may be reviewed in person 60018. In addition, any person may, upon at this same location. In addition, one copy of any request, inspect the application, notice SUPPLEMENTARY INFORMATION: The FAA comments submitted to the FAA must and other documents germane to the proposes to rule and invites public be mailed or delivered to Ms. Mary Rose application in person at the City of comment on the application to impose Loney, Commissioner, of the City of Chicago Department of Aviation. and use the revenue from a PFC at Chicago Department of Aviation at the Issued in Des Plaines, Illinois on July 9, Greater Rochester International Airport following address: Chicago O’Hare 1997. under the provisions of the Aviation International Airport, P.O. Box 66142, Benito De Leon, Safety and Capacity Expansion Act of Chicago, Illinois 60666. Manager, Planning/Programming Branch, 1990 (Title IX of the Omnibus Budget Air carriers and foreign air carriers Airports Division, Great Lakes Region. Reconciliation Act of 1990) (Public Law may submit copies of written comments [FR Doc. 97–18789 Filed 7–16–97; 8:45 am] 101–508) and Part 158 of the Federal previously provided to the City of BILLING CODE 4910±13±M Aviation Regulations (14 CFR Part 158). Chicago Department of Aviation under On July 1, 1997, the FAA determined section 158.23 of Part 158. that the application to impose and use FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION the revenue from a PFC submitted by Mr. Louis H. Yates, Manager, Chicago the County of Monroe was substantially Airports District Office, 2300 East Federal Aviation Administration complete within the requirements of Devon Avenue, Room 201, Des Plaines, section 158.25 of Part 158. The FAA Notice of Intent To Rule on Application Illinois 60018, (847) 294–7335. The will approve or disapprove the (97±01±C±00±ROC) To Impose and Use application may be reviewed in person application, in whole or in part, no later The Revenue From a Passenger at this same location. than September 20, 1997. Facility Charge (PFC) at Greater SUPPLEMENTARY INFORMATION: The FAA Rochester International Airport, The following is a brief overview of proposes to rule and invites public Rochester, New York the application. comment on the application to impose Application number: 97–01–C–00– a PFC at Chicago O’Hare International AGENCY: Federal Aviation ROC. Airport and use the revenue from a PFC Administration (FAA), DOT. Level of the proposed PFC: $3.00. at Gary Regional Airport under the ACTION: Notice of intent to rule on Proposed charge effective date: provisions of the Aviation Safety and application. December 1, 1997. Capacity Expansion Act of 1990 (Title Proposed charge expiration date: IX of the Omnibus Budget SUMMARY: The FAA proposes to rule and April 1, 2001. Reconciliation Act of 1990) (Pub. L. invites public comment on the Total estimated PFC revenue: 101–508) and Part 158 of the Federal application to impose and use the $10,050,000. Aviation Regulations (14 CFR Part 158). revenue from a PFC at Greater Rochester Brief description of proposed projects: International Airport under the On June 24, 1997, the FAA —Taxiway ‘‘C’’ Rehabilitation. provisions of the Aviation Safety and determined that the application to —Terminal Apron Improvements Capacity Expansion Act of 1990 (Title impose and use the revenue from a PFC (Including Bond Financing & Interest). IX of the Omnibus Budget submitted by City of Chicago —Purchase Snow Removal Equipment. Reconciliation Act of 1990) (Pub. L. Department of Aviation was —Construct Snow Removal Equipment 101–508) and Part 158 of the Federal substantially complete within the Storage Building. Aviation Regulations (14 CFR Part 158). requirements of section 158.25 of Part Class or classes of air carriers which 158. The FAA will approve or DATES: Comments must be received on or before August 18, 1997. the public agency has requested not be disapprove the application, in whole or required to collect PFCs: None. ADDRESSES: Comments on this in part, no later than October 16, 1997. Any person may inspect the application may be mailed or delivered The following is a brief overview of application in person at the FAA office in triplicate to the FAA at the following the application. listed above under FOR FURTHER PFC application number: 97–06–C– address: Mr. Philip Brito, Manager, New INFORMATION CONTACT and at the FAA York Airports District Office, 600 Old 00–ORD. regional Airports office located at: County Road, Suite 446, Garden City, Level of the proposed PFC: $3.00. Fitzgerald Federal Building, John F. New York 11530. Original charge effective date: Kennedy International Airport, Jamaica, In addition, one copy of any September 1, 1993. New York 11430. comments submitted to the FAA must Revised proposed charge expiration In addition, any person may, upon be mailed or delivered to Mr. Terrence date: June 1, 2004. request, inspect the application, notice Total estimated PFC revenue: G. Slaybaugh, Director of Aviation, for and other documents germane to the $1,470,500. the County of Monroe at the following application in person at the office of the Brief description of proposed projects: address Greater Rochester International Monroe County Director of Aviation at a. Terminal Renovations Program. Airport, 1200 Brooks Avenue, Greater Rochester International Airport. b. Automated Weather Observation Rochester, New York 14624. Station. Air carriers and foreign air carriers Issued in Jamaica, New York on July 9, c. General Aviation Apron Overlay/ may submit copies of written comments 1997. Expansion. previously provided to the County of Thomas Felix, Class or classes of air carriers which Monroe under section 158.23 of Part Grant-In-Aids Program Manager, Airports the public agency has requested not be 158. Division, Eastern Region. required to collect PFCs: Air Taxi FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 97–18786 Filed 7–16–97; 8:45 am] operators. Philip Brito, Manager, New York BILLING CODE 4910±13±M 38356 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

DEPARTMENT OF TRANSPORTATION Mobile Airport Authority was DATES: Comments must be received on substantially complete within the or before August 18, 1997. Federal Aviation Administration requirements of section 158.25 of Part ADDRESSES: Comments on this 158. The FAA will approve or application may be mailed or delivered Notice of Intent To Rule on Application disapprove the application, in whole or in triplicate to the FAA at the following To Impose and Use the revenue From in part, no later than October 16, 1997. address: Federal Aviation a Passenger Facility Charge (PFC) at The following is a brief overview of Administration, Detroit Airports District Mobile International Airport, Mobile, the application. Office, Willow Run Airport, East, 8820 Alabama PFC Application Number: 97–1–C– Beck Road Belleville, MI 48111. AGENCY: Federal Aviation 00–MOB. In addition, one copy of any Administration (FAA), DOT. Level of the proposed PFC: $3.00. comments submitted to the FAA must Proposed charge effective date: 12–1– ACTION: Notice of Intent to Rule on be mailed or delivered to Mr. Raymond 97. Application. Thompson, Airport Manager of the Proposed charge expiration date: 09– County of Emmet at the following SUMMARY: The FAA proposes to rule and 30–99. address: Pellston Regional Airport of invites public comment on the Total estimated PFC revenue: Emmet County, U.S. Highway 31 North, application to impose and use the $1,677,000.00. Pellston, MI 49769. revenue from a PFC at Mobile Regional Brief description of proposed Air carriers and foreign air carriers Airport under the provisions of the project(s): Land Acquisition; ARFF may submit copies of written comments Aviation Safety and Capacity Expansion Vehicle; and Ramp Expansion. Class or previously provided to the County of Act of 1990 (Title IX of the Omnibus classes of air carriers which the public Emmet under section 158.23 of Part 158. agency has requested not be required to Budget Reconciliation Act of 1990) FOR FURTHER INFORMATION CONTACT: Mr. collect PFCs: Air taxi/commercial (Public Law 101–508) and Part 158 of Jon Gilbert, Program Manager, Federal operators (ATCO) that file FAA Form the Federal Aviation Regulations (14 Aviation Administration, Detroit 1800–31. CFR Part 158). Airports District Office, Willow Run Any person may inspect the DATES: Comments must be received on Airport, East, 8820 Beck Road, application in person at the FAA office or before August 15, 1997. Belleville, Michigan 48111 (313–487– listed above under FOR FURTHER ADDRESSES: Comments on this 7281). The application may be reviewed INFORMATION CONTACT. In addition, any application may be mailed or delivered in person at this same location. in triplicate to the FAA at the following person may, upon request, inspect the application, notice and other documents SUPPLEMENTARY INFORMATION: The FAA address: FAA/Airports District Office, proposes to rule and invites public 120 North Hangar Drive, Suite B, germane to the application in person at the Mobile Airport Authority. comment on the application to impose Jackson, Mississippi 39208–2306. and use the revenue from a PFC at In addition, one copy of any Issued in Jackson, Mississippi, on July 2, Pellston Regional Airport of Emmet comments submitted to the FAA must 1997. County under the provisions of the be mailed or delivered to Mr. Roger Rans Black, Aviation Safety and Capacity Expansion Engstrom, Director of Aviation of the Acting Manager, Airports District Office Act of 1990 (Title IX of the Omnibus Mobile Airport Authority at the Southern Region, Jackson, Mississippi. Budget Reconciliation Act of 1990) following address: Mobile Airport [FR Doc. 97–18790 Filed 7–16–97; 8:45 am] (Pub. L. 101–508) and Part 158 of the Authority, Post Office Box 88004, BILLING CODE 4910±13±M Federal Aviation Regulations (14 CFR Mobile, AL 36608–0004. Part 158). Air carriers and foreign air carriers On June 26, 1997, the FAA may submit copies of written comments DEPARTMENT OF TRANSPORTATION determined that the application to previously provided to the Mobile impose and use the revenue from a PFC Federal Aviation Administration Airport Authority under section 158.23 submitted by the County of Emmet was of Part 158. Notice of Intent To Rule on Application substantially complete within the FOR FURTHER INFORMATION CONTACT: To Impose and Use the Revenue From requirements of section 158.25 of Part Keafur Grimes, Project Manager, FAA a Passenger Facility Charge (PFC) at 158. The FAA will approve or Airports District Office, 120 North Pellston Regional Airport of Emmet disapprove the application, in whole or Hangar Drive, Suite B, Jackson, County, Pellston, Michigan in part, no later than September 30, Mississippi 39208–2306, telephone 1997. number 601–965–4628. The application AGENCY: Federal Aviation The following is a brief overview of may be reviewed in person at this same Administration (FAA), DOT. the application. location. ACTION: Notice of intent to rule on PFC Application No.: 97–06–C–00– SUPPLEMENTARY INFORMATION: The FAA application. PLN. proposes to rule and invites public Level of the proposed PFC: $3.00. comment on the application to impose SUMMARY: The FAA proposes to rule and Proposed charge effective date: and use the revenue from a PFC at invites public comment on the September 1, 1997. Mobile Regional Airport under the application to impose and use the Proposed charge expiration date: provisions of the Aviation Safety and revenue from a PFC at Pellston Regional April 30, 1998. Capacity Expansion Act of 1990 (Title Airport of Emmet County, Pellston, Total estimated PFC revenue: IX of the Omnibus Budget Michigan, under the provisions of the $52,000.00. Reconciliation Act of 1990) (Pub. L. Aviation Safety and Capacity Expansion Brief description of proposed project: 101–508) and Part 158 of the Federal Act of 1990 (Title IX of the Omnibus Rehabilitate Runway 5/23. Aviation Regulations (14 CFR Part 158). Budget Reconciliation Act of 1990) Class or classes of air carriers which On July 2, 1997, the FAA determined (Pub. L. 101–508) and Part 158 of the the public agency has requested not be that the application to impose and use Federal Aviation Regulations (14 CFR required to collect PFC’s: FAR Part 135 the revenue from a PFC submitted by Part 158). operators who file FAA Form 1800–31. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38357

Any person may inspect the 782–4548. The application may be DEPARTMENT OF TRANSPORTATION application in person at the FAA office reviewed in person at this same listed above under FOR FURTHER location.. Research and Special Programs INFORMATION CONTACT. Administration SUPPLEMENTARY INFORMATION: The FAA In addition, any person may, upon [Docket No. RSPA±97±2346; Notice 2] request, inspect the application, notice, proposes to rule and invites public and other document germane to the comment on the application to use the Pipeline Safety: Liquefied Natural Gas application in person at the County of revenue from a PFC at the Reading Facilities Grant of Waiver; Northern Emmet. Regional Airport under the provisions of Eclipse, Inc Issued in Des Plaines, Illinois, on July 9, the Aviation Safety and Capacity 1997. Expansion Act of 1990 (Title IX of the Northern Eclipse, Inc. (NE) petitioned the Research and Special Programs Benito De Leon, Omnibus Budget Reconciliation Act of 1990) Pub. L. 101–508) and Part 158 of Administration (RSPA) for a waiver Manager, Planning/Programming Branch, from compliance with 49 CFR Part 193, Airports Division, Great Lakes Region. the Federal Aviation Regulations (14 CFR Part 158). Liquefied Natural Gas (LNG) Facilities: [FR Doc. 97–18788 Filed 7–16–97; 8:45 am] Federal Safety Standards. The petition BILLING CODE 4910±13±M On July 9, 1997, the FAA determined applies to the Northern Eclipse’s that the application to use the revenue proposed Gas Treating and Liquefaction from a PFC submitted by the Reading (GTL) unit to be located 20 miles north DEPARTMENT OF TRANSPORTATION Regional Airport Authority was of Anchorage, Alaska. NE ensures that substantially complete within the Federal Aviation Administration an equivalent level of safety will be requirements of section 158.25 of Part achieved through compliance with Notice of Intent To Rule on Application 158. The FAA will approve or alternative safety requirements for (97±02±U±OO±RDG) To use the disapprove the application, in whole or portable LNG facilities and with the Revenue From a Passenger Facility in part, no later than October 9, 1996. siting requirements for liquefaction Charge (PFC) at the Reading Regional The following is a brief overview of units. The alternative requirements for Airport, Reading, Pennsylvania the application. portable LNG facilities and siting requirements for liquefaction units are AGENCY: Federal Aviation Application number: 97–02–U–OO– described in the applicable sections of Administration (FAA), DOT. RDG. the National Fire Protection Association ACTION: Notice of Intent to Rule on Level of the proposed PFC: $3.00. Standard (NFPA) 59A, Standard for Application. Proposed charge effective date: Production, Storage, and Handling of SUMMARY: The FAA proposes to rule and December 1, 1994. Liquefied Natural Gas (1996). The petitioner requested the waiver invites public comment on the Proposed charge expiration date: from compliance with Part 193 based on application to use the revenue from a January 1, 1998. the following reasons: PFC at the Reading Regional Airport 1. The NE GTL unit will be supplied under the provisions of the Aviation Total estimated PFC revenue: with gas from the Beluga-Anchorage Safety and Capacity Expansion Act of $392,000. pipeline through 2,500 feet, a privately- 1990 (Title IX of the Omnibus Budget Brief description of proposed project: owned service pipeline installed by NE Reconciliation Act of 1990) (Pub. L. —Construct Terminal Access Road, downstream of the sales meter. 101–508) and Part 158 of the Federal Phase 2. 2. The NE GTL unit will have Aviation Regulations (14 CFR Part 158). minimal LNG surge capacity, and there DATES: Comments must be received on Class of classes of air carriers which will be no storage at the NE GTL facility. or before August 18, 1997. the public agency has requested not be 3. The NE GTL unit’s output will be ADDRESSES: Comments on this required to collect PFCs: Part 135 on- trucked from the GTL unit to end users, application may be mailed or delivered demand Air Taxi/Commercial including one or more local distribution in triplicate to the FAA at the following Operators. companies. address: Mr. Lawrence W. Walsh, Any person may inspect the 4. The NE GTL unit will not be used Manager, Harrisburg Airports District application in person at the FAA office by the Beluga-Anchorage pipeline in Office, 3911 Hartzdale Dr., suite 1, listed above under FOR FURTHER any way to transport gas on NE’s behalf. Camp Hill, PA 17011. INFORMATION CONTACT and at the FAA 5. DOT does not assert similar In addition, one copy of any regional Airports office located at: jurisdiction over liquefiers connected to comments submitted to the FAA must Fitzgerald Federal Building, John F. the local distribution companies’ (LDCs) be mailed or delivered to Mr. Rick Kennedy International Airport, Jamaica, fueling motor vehicles. The GTL unit Sokol, Executive Director of the Reading New York, 11430. would fulfil essentially the same Regional Airport Authority at the function. following address: Reading Regional In addition, any person may, upon 6. The NE GTL unit will be no airport, 2501 Bernville Road, Reading, request, inspect the application, notice different from other consumers of gas. Pennsylvania 19605. and other documents germane to the For example, chemical plants, power Air carriers and foreign air carriers application in person at the Reading plants, and other end users are not may submit copies of written comments Regional Airport Authority. regulated even though they are supplied previously provided to the Reading Issued in Jamaica, New York on July 9, with gas from a pipeline. Regional Airport Authority under 1997. 7. The NE GTL unit would be exempt section 158.23 of Part 158. under Section 193.2001(b)(2) because it Thomas Felix, FOR FURTHER INFORMATION CONTACT: would be a natural gas treatment facility L.W. Walsh, Manager Harrisburg Grant-In-Aids Program Manager. without any storage. Airports District Office, 3911 Hartzdale [FR Doc. 97–18785 Filed 7–16–97; 8:45 am] 8. The NE GTL unit will be a Dr., suite 1, Camp Hill, PA 17011. 717– BILLING CODE 4910±13±M transportable unit mounted on skids. 38358 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

In view of the above, NE alleges that location, lack of a storage tank, and DEPARTMENT OF TRANSPORTATION an extension of Part 193 jurisdiction to skid-mounted transportable liquefaction the proposed facility would be unit, which, RSPA believes, poses low Surface Transportation Board inconsistent with the language and risk to public safety. RSPA also stated [STB Finance Docket No. 33423] purpose of the regulation. However, NE the operator must comply with proposes to ensure equivalent safety alternative requirements for portable Pickens Railway CompanyÐ through compliance with the alternative LNG facilities and meet the siting Acquisition and Operation safety provisions for portable LNG requirements for the liquefaction unit ExemptionÐNorfolk Southern Railway facilities and with the siting described in the applicable sections of Company requirements for liquefaction units as the NFPA Standard 59A. RSPA received described in the applicable sections of Pickens Railway Company, a Class III two comments in response to the notice, the NFPA 59A. rail common carrier, has filed a notice both of which were subsequently After reviewing the petition, the of exemption under 49 CFR 1150.41 to Research and Special Programs withdrawn. acquire and operate 18.47 miles of rail Administration (RSPA) published a RSPA, for the reasons explained line in Anderson County, SC, from notice inviting interested persons to above and in Notice 1, finds that the Norfolk Southern Railway Company comment on whether a waiver should requested waiver of 49 CFR 193 is from milepost V–109.5, near Honea be granted (Notice 1)(62 FR 24157; May appropriate and is consistent with Path, to milepost V–117.77, near Belton, 2, 1997). In the notice, RSPA explained pipeline safety, as long as the operator and from milepost Z–0.0, near Belton, to that the 2,500 foot, NE-installed gas complies with alternative requirements milepost Z–10.2, near Anderson. pipeline supplying gas to the NE GTL for portable LNG facilities and meets the The transaction was expected to be facility (a large volume customer) is a siting requirements for the liquefaction consummated on or after July 8, 1997. transmission line. Therefore, the gas units described in the applicable If the notice contains false or pipeline is subject to 49 CFR Part 192, sections of the NFPA Standard 59A. misleading information, the exemption Transportation of Natural and Other Gas Therefore, Northern Eclipse’s petition is void ab initio. Petitions to revoke the by Pipeline: Minimum Federal Safety for waiver from compliance with 49 exemption under 49 U.S.C. 10502(d) Standards. Recent revision of the may be filed at any time. The filing of definition of Transmission pipeline in CFR 193 is granted, effective July 17, 1997. a petition to revoke does not Section 192.3 (61 FR 28783; June 6, automatically stay the transaction. 1996) includes pipelines transporting Authority: 49 App. U.S.C. 2002(h) and An original and 10 copies of all gas to a large volume customer. In 2015; and 49 CFR 1.53. pleadings, referring to STB Finance addition, RSPA explained that the Issued in Washington, D.C. on July 14, Docket No. 33423, must be filed with proposed NE GTL facility is subject to 1997. the Surface Transportation Board, Office Part 193 regulation because it receives Cesar DeLeon, of the Secretary, Case Control Unit, 1925 gas from a Part 192 regulated pipeline. Deputy Associate Administrator for Pipeline K Street, N.W., Washington, DC 20423– In general, Part 192 applies to the Safety. 0001. In addition, a copy of each pipeline transportation of gas between [FR Doc. 97–18852 Filed 7–16–97; 8:45 am] pleading must be served on Jo A. producers and consumers. Although the DeRoche, Esq., Weiner, Brodsky, LNG is transported by truck after BILLING CODE 4910±60±P Sidman & Kider, P.C., 1350 New York liquefaction, RSPA believes that the NE Avenue, N.W., Suite 800, Washington, GTL facility nonetheless is part of the DC 20005–4797. overall operation of transporting gas, in Decided: July 10, 1997. this case from the Beluga-Anchorage transmission line to LDCs and other By the Board, David M. Konschnik, Director, Office of Proceedings. users at Fairbanks. Nevertheless, RSPA considered Vernon A. Williams, granting the requested waiver because of Secretary. the unusual features at the proposed NE [FR Doc. 97–18861 Filed 7–16–97; 8:45 am] GTL facility, including its remote BILLING CODE 4915±00±P 38359

Corrections Federal Register Vol. 62, No. 137

Thursday, July 17, 1997

This section of the FEDERAL REGISTER DEPARTMENT OF ENERGY ‘‘21 CFR 131.67’’ should read ‘‘21 CFR contains editorial corrections of previously 1316.67’’. published Presidential, Rule, Proposed Rule, Federal Energy Regulatory BILLING CODE 1505-01-D and Notice documents. These corrections are Commission prepared by the Office of the Federal [Docket No. RP96-200-023] Register. Agency prepared corrections are SECURITIES AND EXCHANGE issued as signed documents and appear in COMMISSION the appropriate document categories NorAm Gas Transmission Company; elsewhere in the issue. Notice of Proposed Changes in FERC Gas Tariff [Release No. 34-38760; File No. SR-CHX- 97-16] Correction DEPARTMENT OF ENERGY In notice document 97–18322 Self-Regulatory Organizations; Notice appearing on page 37579 in the issue of of Filing of and Order Granting Federal Energy Regulatory Monday, July 14, 1997 the docket Temporary Accelerated Approval to a Commission number should read as set forth above. Proposed Rule Change by the Chicago BILLING CODE 1505-01-D Stock Exchange, Incorporated Relating [Docket No. RP97-414-000] to Trading Variations

Florida Gas Transmission Company; DEPARTMENT OF JUSTICE Correction Notice of Proposed Changes in FERC In notice document 97–17253 Drug Enforcement Administration Gas Tariff beginning on page 35864 in the issue of [Docket No. 97-2] Wednesday, July 2, 1997, make the Correction following correction: In notice document 97–18313 Gilbert J. Elian, M.D.; Revocation of 1. On page 35864, in the second Registration beginning on page 37577 in the issue of column, under the subject heading, Monday, July 14, 1997 the docket Correction insert ‘‘June 23, 1997’’. number should read as set forth above. In notice document 97–17656 2. On page 35865, in the third BILLING CODE 1505-01-D beginning on page 36574 in the issue of column, the authorizing signature Tuesday, July 8, 1997 make the should read: following correction: Margaret H. McFarland, On page 36575, in the first column, in Deputy Secretary. the third full paragraph, in the third line BILLING CODE 1505-01-D federal register July 17,1997 Thursday Rules; FinalRule Revisions toDigitalFlightDataRecorder 14 CFRPart121,etal. Federal AviationAdministration Transportation Department of Part II 38361 38362 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: whose type certificates apply to Background airplanes still in production, be Federal Aviation Administration equipped to record on a flight data Statement of the Problem recorder system, as a minimum, the 14 CFR Parts 121, 125, 129, 135 The NTSB submitted parameters listed in ‘‘Proposed recommendations to the FAA to require Minimum FDR Parameter Requirements [Docket No. 28109; Amendment No. 121± the recordation of additional parameters for Airplanes in Service’’ plus any other 266, 125±30, 129±27, 135±69] on certain fight data recorders. These parameters required by current recommendations were submitted in regulations applicable to each RIN 2120±AF76 response to accidents involving two individual airplane. Specify that the Boeing 737 aircraft that were operated airplanes be so equipped by January 1, Revisions to Digital Flight Data by two different air carriers. Both 1998, or by the later date when they Recorder Rules airplanes were equipped with flight data meet Stage 3 noise requirements but, recorders (FDR’s), but in neither case regardless of Stage 3 compliance status, AGENCY: Federal Aviation did the FDR provide sufficient no later than December 31, 1999. Administration, DOT. information about airplane motion and (Classified as Class II, Priority Action) flight control surface positions during (Recommendation No. A–95–26) ACTION: Final rule. the accident sequence to enable the III. Amend, by December 31, 1995, 14 CFR 121.343, 125.225, and 135.152 to NTSB to determine a probable cause for SUMMARY require that all airplanes operated under : This document revises and either accident. updates the Federal Aviation The history of aircraft accidents and 14 CFR parts 121, 125, or 135, having Regulations to require that certain the lack of information that has 10 or more seats and for which an airplanes be equipped to accommodate inhibited proper investigation of their original airworthiness certificate is additional digital flight data recorder causes is much broader than recent received after December 31, 1996, (DFDR) parameters. These revisions experience with the Boeing 737. record the parameters listed in follow a series of safety Historical records of airplane incidents ‘‘Proposed FDR Enhancements for Newly Manufactured Airplanes’’ on a recommendations issued by the suggest that additional, reliable data for flight data recorder having at least a 25- National Transportation Safety Board the entire fleet of transport category hour recording capacity. (Classified as (NTSB), and the Federal Aviation airplanes is necessary to identify causes Class II, Priority Action) Administration’s (FAA) decision that of these incidents before accidents (Recommendation No. A–95–27). the DFDR rules should be revised to occur. This rule will expand the data upgrade recorder capabilities in most collection requirements to include all FAA Response to the NTSB transport airplanes. These revisions will parameters that can cost-effectively be Recommendations require additional information to be collected. On March 14, 1995, the FAA collected to enable more thorough History of This Regulatory Action published in the Federal Register a accident or incident investigation and to notice of a public hearing, and solicited enable industry to predict certain trends NTSB Recommendations public comment concerning the NTSB and make necessary modifications On February 22, 1995, the NTSB recommendations. On April 20, 1995, before an accident or incident occurs. submitted to the FAA recommendations the public hearing was held in DATES: Effective date: August 18, 1997. A–95–25, A–95–26, and A–95–27, Washington D.C. Eight speakers from Comments on the Paperwork Reduction which recommended that the FAA the aviation community made Act issues presented in this document require upgrades of the flight data presentations. Copies of the must be received by September 15, recorders installed on certain airplanes presentations have been placed in the 1997. to record certain additional parameters docket for this rulemaking. not required by the current regulations. After considering the information ADDRESSES: Comments on this notice The following recommendations were obtained through the public forum, the should be mailed, in triplicate to: submitted by the NTSB to the Federal FAA responded to the NTSB Federal Aviation Administration, Office Aviation Administration: recommendations. A summary of that of Chief Counsel, Attention: Rules I. Require that each Boeing 737 response was published in Notice No. Docket (AGC–200), Docket No. 28109, airplane operated under 14 CFR part 96–7, and is summarized here: 800 Independence Avenue SW., 121 or 125 be equipped, by December In response to Safety Washington, DC 20591. Comments 31, 1995, with a flight data recorder Recommendation A–95–25, the FAA delivered must be marked Docket No. system that records, as a minimum, the stated that it agrees that Boeing 737 28109. Comments may also be parameters required by current airplanes that operate under 14 CFR part submitted electronically to the regulations applicable to that airplane 121 or 125 should be equipped with following Internet address: 9–nprm– plus the following parameters: lateral flight data recorders that include, as a [email protected]. Comments may be acceleration, flight control inputs for minimum, the parameters referenced in examined in Room 915G weekdays, pitch, roll, and yaw, and primary flight this safety recommendation. This except on Federal holidays, between control surface positions for pitch, roll, proposed rule would require all Boeing 8:30 a.m. and 5 p.m. and yaw. (Classified as Class I, Urgent 737 airplanes as well as certain other Action) (Recommendation No. A–95– airplanes operated under 14 CFR parts FOR FURTHER INFORMATION CONTACT: 25) 121, 125, or 135 having 10 or more seats Gary E. Davis, Air Carrier Operations II. Amend, by December 31, 1995, 14 to be equipped to record the parameters Branch (AFS–220), Flight Standards CFR §§ 121.343, 125.225, and 135.152 to that were specified by the NTSB. Service, Federal Aviation require that Boeing 727 airplanes, The FAA received enough valid Administration, 800 Independence Lockheed L–1011 airplanes, and all information from the public to Avenue, SW., Washington, DC 20591, transport category airplanes operated determine that the schedule for retrofit telephone (202) 267–8096. under 14 CFR parts 121, 125, or 135 completion by December 31, 1995, Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38363 could not be met. The proposed date formal recommendation was forwarded the ‘‘trade-in’’ program to upgrade from would have imposed an extremely to the FAA by the ARAC. A full dual to tri-axial accelerometers was aggressive retrofit schedule that, if it discussion of the issues considered by considered, but is not currently were physically possible, would have the working group was included in available and it doubts it will ever be. resulted in substantial airplane Notice 96–7. The commenter estimates the cost of the groundings and very high associated tri-axial accelerometer to be $3,000 per NPRM No. 96–7 costs. Furthermore, if operators had aircraft plus associated engineering and been required to retrofit all Boeing 737 On July 16, 1996, the FAA published installation costs. The commenter airplanes before the end of 1995, each an NPRM addressing revisions to digital believes that the accelerometer of these airplanes might have had to flight data recorder rules and solicited information can be obtained through undergo a second retrofit to meet the public comment to the proposed analysis of other available data. In expanded requirements that were amendments. The proposals were based addition, the commenter states that to proposed in response to NTSB on meetings attended by FAA, ARAC, require a sampling rate of twice per Recommendations A–95–26 and –27 and NTSB personnel. Twenty-six second (rather than the current once per In response to NTSB recommendation commenters responded, each addressing second) as proposed for certain A–95–26, the FAA agrees that airplanes multiple issues. Their comments have parameters may generate costs to still in production should be required to been placed in the docket. Although industry that the commenter does not be equipped with DFDR’s that record, as numbered comments in the docket consider to be cost beneficial. a minimum, the parameters listed in the indicate 28 commenters responded, FAA Response: The FAA NTSB recommendation. several submittals were duplicates. acknowledges that this rule will place In response to NTSB recommendation Comments to the NPRM are discussed some economic burdens on operators. A–95–27, the FAA agrees that airplanes in detail in the ‘‘Discussion of According to information received by operated under parts 121, 125, or 135 Comments to the NPRM’’ section of this the FAA, however, the $3,000 per having 10 or more seats for which an document. aircraft for a tri-axial accelerometer is a original airworthiness certificate is Supplemental Notice of Proposed maximum cost for a new unit, which, in received after December 31, 1996, Rulemaking, SNPRM No. 96–7A practice, the FAA maintains will not be should record the parameters listed in installed in all cases. Rather, modified ‘‘proposed FDR Enhancements for As a result of some comments units will be used wherever possible. Newly Manufactured Airplanes’’ on a received and further analysis within the The FAA does not agree that the flight data recorder having at least a 25- FAA, the FAA determined that some commenter’s proposed method of hour recording capacity. issues not included in the NPRM, but obtaining the information through related to the proposal, should have analysis is a reasonable alternative that Aviation Rulemaking Advisory been included. These issues included: Committee Participation would satisfy the NTSB (1) Applicability of the requirements to recommendation. No changes have been After reviewing the comments airplanes placed on the operations made as a result of this comment. submitted pursuant to the NTSB specifications of a U.S. operator after a Patriot Sensors and Controls recommendations and listening to the certain date; (2) a compliance date for Corporation (Patriot) comments that it presentations, the FAA determined that certain aircraft that must be retrofitted would cost approximately $2000 in it would be beneficial to have aviation with DFDR equipment as a result of a 1997/1998 dollars to upgrade the lateral industry personnel assist in any related change in policy announced in notice acceleration sensor from a dual axis to rulemaking efforts. On June 27, 1995, 96–7; (3) information regarding a tri-axial configuration. Patriot the FAA published a notice in the airplanes that should be exempted from emphasizes that to accomplish the Federal Register that the Aviation the requirements proposed in notice 96– upgrade in a timely manner, upgrades of Rulemaking Advisory Committee 7; and (4) a requirement to use a 25-hour its units should be scheduled as soon as (ARAC) established the Flight Data recorder, which is the industry possible after issuance of the final rule. Recorder Working Group (60 FR 33247), standard, rather than the 8-hour It emphasizes that it can not guarantee which included members representing recorder currently required. Because timely accomplishment for any order the Air Transport Association, three of the issues were not included in received later than 18 months prior to Aerospace Industries Association of the initial proposal, and because the the final date of compliance. America, General Aviation FAA needed more information to make FAA Response: The FAA appreciates Manufacturers Association, Regional a determination regarding all four of the the comment from Patriot; the FAA Airline Association, Air Line Pilots issues, the agency published a notes that the costs for modification of Association, and the FAA. The NTSB supplemental proposal on December 10, existing units presented by the was invited to participate in working 1996 (61 FR 65142), and solicited public commenter are approximately one third group efforts in an advisory capacity. comment. Six comments were received; less than those presented by the The working group’s task was to they are discussed in detail in the operators for new units. Further recommend to ARAC rulemaking ‘‘Discussion of Comments to the discussion of other comments proposals or other alternatives that SNPRM’’ section in this document. concerning the economic impact of this would satisfactorily address the NTSB After analysis of all comments received, rule are contained in the Regulatory recommendations. The ARAC could the FAA has adopted final rule language Evaluation section of this preamble. then make one or more that includes items proposed in the AVRO International Aerospace recommendations to the FAA, and the SNPRM. comments that the proposed list of FAA would determine whether to issue parameters appears to have been a proposal based on the ARAC Discussion of Comments to the NPRM developed to address a specific type of recommendation. Flight Systems Engineering, Inc., airplane that has experienced a small The DFDR Working Group met over comments on the requirement for number of accidents, and that the the course of several months. While recordation of lateral acceleration on proposed list of parameters may not be many of the issues concerning flight airplanes with one or two engines. It the most appropriate for general data recorder upgrades were settled, no states that to the best of its knowledge, application. AVRO also states that the 38364 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

European codes have been formalized on the requirements in § 25.143(c) market. Embraer also submits cost for adoption through JAR Ops and that because slightly stricter requirements figures for updating its software and it considers the FAA’s action to extend are needed to yield the desired hardware. requirements beyond the EUROCAE information for accident and incident FAA Response: The NTSB ED–55 standards (ED–55) without a full investigation. recommendations on which this consultation with JAA authorities to be The FAA agrees that the Force Sensor rulemaking action is based indicate that contrary to the spirit of the JAR/FAR requirements for parameter 88 should be both control input and surface position Harmonization program. moved from the Accuracy column to the are necessary for both conventional FAA Response: The FAA Range Column in the appendices; the mechanical flight controls and fly-by acknowledges that the requirements change is reflected in this final rule. wire controls. Past accident proposed in the NPRM could appear to AIA also commented that the investigations support the need for this have been developed to address a following should be added to the data. Further, although the NTSB has specific type of airplane, and expanded Remarks column in the appendices for used derived information in support of to merely include all airplanes. parameters 82, Cockpit trim control some findings in accident investigation, However, the parameters proposed to be input position—pitch, 83, Cockpit trim the NTSB has noted that derived recorded involve functions of all control input position—roll, and 84, information may include too many airplanes, and may provide data over a Cockpit trim control input position— variables to support the determination wide range of incidents and accidents. yaw: ‘‘Where mechanical means for of probable cause of an accident. Accordingly, in response to the NTSB control inputs are not available, Cockpit The FAA acknowledges that some recommendation, the FAA has included Display Trim Positions should be technical constraints regarding force all transport category airplanes in this recorded.’’ Its rationale for the change is sensors may currently exist. The rulemaking action. The FAA disagrees that modern transport aircraft do not recordation of the associated parameter, that extended U.S. requirements require always use mechanical trim controls. however, is not required until 5 years full consultation with JAA authorities. FAA Response: The FAA concurs and from the effective date of the final rule, The ARAC working group considered the language in the Remarks column in and the FAA anticipates that within the current international standards where the appendices for parameters 82, 83, next 5 years, these technical constraints they exist, and realized that restricting and 84 has been revised. will be overcome. Also, with regard to the upgrades to ED–55 standards would Finally, AIA comments that the the ability to record 256 wps, the FAA not satisfy the NTSB recommendation. language in the Remarks column in the maintains that there are recorders The standards proposed are harmonized appendices for parameter 32, Angle of available today that include this with the current JAR-Ops, which are attack (if measured directly), is technology, and expects them to be based on the ED–55 standards; the incomplete and should be changed to more readily available within 5 years, additional U.S. requirements have no read as follows: ‘‘If left and right sensors when newly manufactured airplanes JAR counterpart with which to are available, each may be recorded at must have recorders capable of harmonize. No changes were made as a 4 or 1 second intervals as appropriate so recording all 88 parameters. result of this comment. as to give a data point at 2 seconds or The FAA acknowledges that the Aerospace Industries Association 0.5 seconds as required.’’ DFDR enhancements proposed by this (AIA) submits technical comments and FAA Response: The FAA concurs and rule are expensive and that a recognized editorial comments regarding the language in the Remarks column in safety return may not immediately be typographical errors. For parameter 88, the appendices for parameter 32 has recognized. However, the FAA all cockpit flight control input forces been changed. Also, all typographical maintains that the information collected (control wheel, control column, rudder errors noted in AIA’s comments have will aid in accident and incident pedal), AIA comments that the force been corrected in this final rule. investigations and will help detect sensor accuracy in the appendix should Embraer comments on the technical trends so that corrective measures can be changed from ‘‘+/¥5%’’ to ‘‘+/¥5% aspects of several proposed items; the be taken before an accident occurs, and or +/¥15% of actual, whichever is commenter states that airplanes fitted that collection of this data is in the greater or as installed.’’ AIA also with conventional mechanical flight public interest. comments that the accuracy values in controls should be allowed to record The FAA notes that the additional the appendix for the Force Sensor Range either the flight control input or the cost information submitted by Embraer for Wheel, Column, and Pedal ranges of control surface position. The commenter is consistent with information parameter 88 should be changed to further states that derived information submitted by ARAC working group include the words ‘‘or as installed’’ after for control input and control movement members during development of the the numerical values. Also for can be demonstrated for its aircraft. NPRM. Further discussion of other parameter 88, AIA suggests the Embraer also comments that due to comments concerning economic issues following language be added to the technical constraints such as sensor can be found in this preamble under the remarks column: ‘‘Force Sensor Range reliability, low level signal treatment, section ‘‘Regulatory Evaluation.’’ No requirements are based on FAR and aircraft installation, plus cost changes were made to the proposal as a 25.143(c).’’ Finally, AIA suggests that restraints and the low priority given to result of Embraer’s comment. the Force Sensor requirements in the cockpit flight controls forces (as Sheehan Consultants comments that Accuracy column for parameter 88 evidenced by their location in the order the acceleration resolutions need to be should be moved from the Accuracy of the parameter list), it considers the upgraded in the final rule from 0.01g to column to the Range Column. recording of these parameters 0.004g’s to be consistent with the FAA Response: During ARAC working unnecessary. Embraer also comments requirements in ED–55. It states that the group meetings, NTSB representatives that to be able to accommodate 88 change would have no impact on made it clear that the NTSB needs the parameters, it will be necessary to current recorders because they already full range control forces to be recorded replace existing recorders that record 64 meet the ED–55 requirements. The as outlined in the NPRM with no to 128 words per second (wps) with a commenter states that accident exceptions. Force Sensor Range new one capable of recording 256 wps, investigators need very fine resolution requirements in this rule are not based which is not presently available on the to observe an airplane bouncing on the Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38365 joints of a runway during taxi, takeoff, replaced respectively with the terms Accordingly, there was no change to the and landing, as well as other quick ‘‘determine’’ and ‘‘able to be proposal as a result of this comment. flight path changes, structural breakup, determined.’’ In addition, Airbus As previously stated, the FAA and explosions. Industrie comments that it has always disagrees that international disharmony FAA Response: The FAA agrees that installed advanced recording systems on occurs as a result of this final rule. The the resolution for all three acceleration its aircraft, but that aircraft already ARAC working group made every effort parameters in parts 121, 125, and 135 equipped to record 88 or more to make the proposal identical, where should be changed to harmonize with parameters may not be recording all of applicable, to the requirements of ED– the EUROCAE document ED–55. The those proposed in the NPRM. Airbus 55. However, the FAA has determined final rule reflects the change in the Industrie suggests that the FAA require that those requirements alone are resolution column of the appendices for recordation of only those parameters insufficient for U.S. operators or U.S.- parameters 5, 11, and 18 to read included in EUROCAE ED–55, and registered airplanes, and in fact would 0.004g’s. states that anything else would not satisfy the intent of the NTSB Aerospatiale and Alenia (ATR), constitute disharmony with European recommendations. Accordingly, the manufacturers of ATR airplanes, regulations. The commenter does not FAA proposed the additional comment that compliance with the oppose the recordation of additional requirements. The FAA disagrees with primary flight control and master data, but would like to see more the suggestion that more international warning recording requirements would international involvement to determine involvement is needed to develop U.S. involve significant software what addition data should be included, regulations that govern U.S. operators modification and hardware modification and suggests that the effort be addressed and U.S.-registered airplanes. No of the flight data acquisition units within the ICAO and within the FAA/ changes were made as a result of this (FDAU’s), plus additional wiring. The JAA Harmonization Work Program comment. two manufacturers state that the design under the ARAC process before Fairchild Aircraft, Inc. (Fairchild), changes would cost $100,000 per additional parameters beyond ED–55 are opposes the requirement for newly aircraft for U.S. operators for parts and added. manufactured 10–19 seat airplanes to labor, in addition to down time Airbus Industrie also suggests that record 57 parameters effective 3 years associated with completing the proposed §§ 121.344 and 125.226 be after the effective date of the rule, and modifications. ATR requests that some revised so that current FDR’s that flexibility be introduced into the 88 parameters effective 5 years after the already record the necessary parameters, requirements that would take into effective date of the rule. As proposed, but not at the specific sampling or account certain design features such as the rule would require that these resolution readouts listed in Appendix flight control characteristics or aircraft airplanes include a flight data weight. In addition, ATR states that K (corrected to read Appendix M), not acquisition unit (FDAU), plus the harmonization with the EUROCAE ED– be required to incur retrofit costs simply sensory devices and associated wiring 55 requirements should be considered to meet those Appendix M values. for each (additional) parameter. for the retrofit requirements. Airbus Industrie believes that the Fairchild states that compliance with FAA Response: The FAA introduction of this flexibility would current § 135.152 and implementation acknowledges that there may be result in significant cost savings to of the proposed § 121.344a(a) is more alternatives to obtaining data other than industry without jeopardizing the than adequate for the size and direct recordation. However, the capability of investigating events. complexity of any airplane in the 10–19 proposed sampling rates, resolution FAA Response: The FAA seat category. It is the commenter’s readouts, and parameter list in the acknowledges that there may be understanding that the goal of this rule- NPRM represent contributions from all alternatives to obtain data other than making is to provide information members of the ARAC working group. direct recordation. However, the regarding accidents and incidents as The ARAC working group made every proposed sampling rates, resolution they occur, and it notes that 10–19 seat effort to match the requirements in the readouts, and parameter list in the aircraft have no history of accidents of proposal to both the requirements in NPRM represent contributions from undetermined cause. ED–55 and the NTSB recommendations, industry representatives, the FAA, and Fairchild believes that the money and the FAA has determined that the the NTSB. During ARAC working group needed to comply with the proposed differences are insignificant for U.S. meetings, the NTSB argued that regulations could be better spent operators. No changes were made as a information gathered from improving overall operations. It states result of this comment. interpretation was not as reliable as that an FDR will not increase the level Airbus Industrie agrees with the direct recordations, as discussed above. of safety in the 19-seat airplane, and statement in the preamble of Notice 96– Some industry representatives did not will probably diminish the level of 7 that more flight data yields better agree. After further discussion, the safety, because funds will be diverted to results when investigative authorities working group decided that, to respond comply with something of no value are trying to determine the cause of an to the NTSB recommendations on versus something of positive value. accident or incident. It suggests, which this rulemaking is based, the rule Fairchild also states that, if adopted, the however, that requirements for would be written with a requirement for proposal would have a significant recording stick shaker/stick pusher, yaw direct recordation of the parameters negative impact on the competitiveness or sideslip angle, and hydraulic listed. Although Airbus Industrie of current operators and airplanes made pressure are not necessary because the presents an alternative to obtaining in the United States that are sold on the information can be derived from other information directly from a flight data international market. Fairchild believes data, or because the information is not recorder, the FAA has determined that the proposed changes would increase relevant to the understanding of system justification provided by Airbus operating costs and thus negatively operation. Airbus Industrie also suggests Industrie is not sufficient to overcome affect future sales in both the United that the rule should retain the current the NTSB’s arguments that information States and foreign markets, particularly language that would allow the proposed gathered from interpretation is not as to customers in developing nations. terms ‘‘record’’ and ‘‘recorded’’ to be reliable as direct recordation. Finally, Fairchild submits some cost 38366 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations information, as well as the following The FAA finds that insufficient limited to those specified in current technical comments: information was submitted to justify the Appendix B to part 121. In addition, Fairchild recommends deletion of addition of the following planes to the Airborne Express asks for clarification § 121.344a (b) and (c), which would list of airplanes that need not comply of the term ‘‘capacity’’ as it is used in require newly manufactured airplanes with the requirements in § 121.344a, but proposed § 121.344(b)(1)(i) so it can with 10 to 19 seats to install enhanced continue to comply with the determine whether it can comply with DFDR’s. Fairchild also notes that in requirements in § 135.152: SA227–AC, the proposed rule language. § 121.344a(a)(1)(iv), a typographical SA227.TT, SA227–AT, and SA227–BC. FAA Response: According to Loral, error occurs; the second reference to The fact that airplanes were the manufacturer of the F800 recorder, Appendix B should instead be a manufactured before October 11, 1991, lateral acceleration can be recorded for reference to Appendix M. is not considered sufficient to justify the Airborne Express installation if a Fairchild points out that the FH227 their exclusion. No change was made as nonrequired parameter is removed from listed in parts 121 and 125 does not a result of this comment. the input to the recorder, and the belong to Fairchild Aircraft, Inc., as The FAA agrees that the FH227 does existing spare channels are used. The stated in the proposal. not belong to Fairchild Aircraft, Inc., term ‘‘capacity’’ refers to the design of Fairchild requests that the following and the final rule has been revised to a recorder to be able to record a certain airplane types be added to the list of reflect the aircraft is a product of number of parameters and store them airplanes that need not comply with the Fairchild Industries. for 25 hours. For example, a recorder requirements in § 121.344a, but All typographical errors noted by the may have a capacity to record 32 wps continue to comply with the commenter have been corrected in this for 25 hours, 64 wps for 25 hours, 128 final rule. requirements in § 135.152: SA227–AC, wps for 25 hours, etc. No changes to the Southwest Airlines (SWA) comments SA227–TT, SA227–AT, and SA227–BC. rule were made as a result of this that the language proposed in As justification, Fairchild submits that comment. § 121.344(b)(3) be changed to remove Piedmont Airlines (Piedmont) these airplanes were manufactured prior reference to installation no later than comments that although it agrees with to October 11, 1991, and are not the next heavy maintenance check that the NTSB in the importance of commuter category airplanes. occurs after two years after the effective information retrieved from FDR’s, it FAA Response: As stated in the date of the final rule. The commenter believes ‘‘the one size fits all’’ approach NPRM, when the NTSB made its believes the final rule should only to rulemaking is not an efficient or cost recommendations in February 1995, the require compliance by the final date of effective method. Piedmont believes the FAA has not yet issued its rule that the rule and should not include any primary reason for the rule is two requires most airplanes that have 10–19 milestones or restrictions. In addition, unresolved accidents that were due to seats that were formerly operated under SWA comments that the sampling rates loss of control. However, they do not part 135 to operate pursuant to the given in Appendix M have been agree that those accidents justify the requirements of part 121 beginning in increased from the rates initially proposal to obtain directly recorded March 1997. Because the purpose of that proposed by ARAC working group data as opposed to obtaining rulemaking action was to establish ‘‘one members, and that the higher sampling information through alternative level of safety,’’ the NPRM associated rates may require additional methods. Piedmont submits examples of with this final rule, and all rules modifications and expense. two airplanes that will have to undergo developed from this point forward, FAA Response: The issue addressing some retrofit to comply with the rule as reflect that agency policy. Recognizing the earliest possible compliance time proposed. Piedmont believes that those the differences between larger airplanes was discussed in the preamble to the airplanes are clear examples that operating under part 121 and those NPRM. In that document, the FAA existing recorded data is adequate for designed to carry 10–19 passengers, the stated that that ‘‘heavy maintenance accident prevention and investigation, FAA developed a special section in the check’’ provision was added to prevent and that the proposed requirement will NPRM to specifically address the flight operators from waiting until the last result in a costly retrofit for the purpose data recorder requirements for these minute to install upgrades, causing a of a data-gathering exercise that is not airplanes. The ARAC working group logjam in scheduling and equipment justified by any benefit/cost discussed and decided that the intent of availability. The proposed sampling comparison. Piedmont believes it would the NTSB recommendations was to rates reflect those needed by the NTSB be cost beneficial to require recording capture all airplanes regularly used in to aid in accident and incident up to 17 parameters but it disagrees that, commercial service, including those that investigations. No changes were made other than for powered flight controls, began operating under part 121 as a result of this comment. both the control surface and the input beginning in March 1997. Airborne Express comments that need be recorded. The FAA disagrees with the lateral acceleration cannot be recorded FAA Response: The FAA realizes that suggestion to delete § 121.344a (b) and at the specified recording intervals this rulemaking action may appear to be (c) for newly manufactured airplanes. using the Loral F800 flight data intended for certain airplanes that have The suggestion is inconsistent with the recorder. Airborne Express states that been involved in accidents, the cause of NTSB recommendations, and no 70% of its fleet is fitted with the Loral which has not been determined. As alternative to satisfy the F800, and to replace these recorders stated in the NPRM, the FAA has recommendation was suggested. No would constitute an undue burden. The determined that since the cause of these change was made as a result of this commenter suggests that language be accidents is unknown, it is possible that comment. changed to reflect that, except for the similar incidents may occur on other The FAA agrees that the second Boeing 737, lateral acceleration should airplane types. Therefore, the FAA finds reference to Appendix B in not be required to be recorded unless that the need to record additional flight § 121.344a(a)(1)(iv) is an error; sufficient capacity is available on the data is applicable to all airplanes ‘‘Appendix B’’ should read ‘‘Appendix existing recorder to record that covered by the final rule. The FAA M.’’ The rule has been revised parameter and that the recording ranges, recognizes that DFDR’s do not in and of accordingly. accuracies, and recording intervals be themselves prevent accidents; they are Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38367 used as an investigative tool when that the exemption is still appropriate. did not comment on the change accidents or incidents occur. However, The FAA does not agree with TOIL’s proposed in the SNPRM. Based on the the FAA does not agree that continuing characterization of the effect of the comment of TOIL, the final rule the current level of data collection is policy change announced in notice 96– language includes an exemption for the acceptable for future accident 7, nor that the policy announced in Twin Otter. No other changes were investigation. The FAA recognized in Flight Standards Information Bulletin made based on this comment. the NPRM that additional flight data can 92–09 should be codified. The revised The Regional Airlines Association be collected cost-effectively, particularly policy states that airplanes previously (RAA) comments that it supports the in light of the NTSB recommendations. registered in the United States that were enhancement of FDR recording No changes were made as a result of removed and brought back on the parameters where the benefits can be these comments. register after October 11, 1991 are not shown to justify the costs, and suggests Twin Otter International, Ltd. (TOIL) ‘‘grandfathered’’ and must install flight that the compliance period be extended and its affiliate by ownership, Grand data recorders. This interpretation is to 6 years. RAA supports the proposed Canyon Airlines, Inc. (GCA) comments consistent with both the language and rule as it applies to newly manufactured that its members use deHavilland DHC– the intent of the current rule. While the aircraft. However, RAA states that many 6–300 airplanes in their operations. This FAA acknowledges that the October 11, of the proposed requirements to retrofit airplane type went out of production 1991 date creates two classes of new recording parameters into existing before October 11, 1991. TOIL claims airplanes that are otherwise the same, airplanes have not been shown to that the DHC–6–300 was not designed to any other method of distinguishing provide a direct safety improvement or accommodate flight data recorders, and airplanes that must be retrofitted would to be cost effective, and that requiring that installation would require extensive have an equally bifurcated effect. TOIL’s installation will impose a severe redesign and would be prohibitively proposed solution to use October 11, economic burden on affected operators, expensive. In addition, the 1991 as a date of manufacture to resulting in increased costs of travel to manufacturer is not interested in distinguish those airplanes to be the public, and thus should be participating in the cost of certifying retrofitted is a solution only for aircraft eliminated. and retrofitting the airplanes for flight out of production; airplanes in FAA Response: The FAA recognizes data recorder installation and no other production would continue to be that the DFDR enhancements proposed airworthiness authority worldwide separated into two classes by the date by this rule may be costly and may not requires a DFDR in the DHC–6–300. regardless of how identical two provide immediately recognized TOIL states that no DHC–6–300 has ever airplanes were when they came off the benefits. However, cost alone cannot been equipped with a DFDR. production line. The 1991 ‘‘brought on justify ignoring the potential safety gain represented by the improvements The commenter states that the the U.S. register’’ date was adopted in reversal of the policy determination required by this rule. The FAA has 1988, and a well-defined class of addressed in Notice 96–7 would create determined that this final rule should be airplanes was established. The FAA has a regulatory inconsistency because 12 of promulgated as in the public interest, no reason to now disrupt the its DHC–6–300 airplanes would be and RAA has not submitted sufficient applicability of the flight data recorder required to be retrofitted, while 26 justification to show that it is not in the requirements by changing from one date others owned by the companies would public interest. No changes were made to another when it would not solve the not. It states that the same airplane type as a result of this comment. problem described by the commenter. brought onto the register after October The Air Line Pilots Association Nor does the FAA agree with the 11, 1991, is no less safe than one (ALPA) agrees with the proposal except commenter that, as a class, airplanes brought on before that date, and for the proposed compliance period, recommends that in lieu of reversing the that are no longer being produced and suggests that the FAA contact FDR policy determination, the FAA should should be categorically exempted from and FDAU manufacturers directly to revise proposed § 121.344a to read the DFDR requirements. validate the economic information ‘‘manufactured after October 11, 1991,’’ In a comment to the NPRM, Twin supplied in the NPRM. The commenter in lieu of ‘‘brought onto the U.S. register Otter International, Ltd. (TOIL) believes that the four year compliance after * * *’’ that date. Further, the comments that two classes of airplanes period outlined in the proposed rule for commenter points out, airplanes of are created by the ‘‘brought on the U.S. the retrofit of FDR’s is too long, and that foreign registration (not required to register’’ language because foreign three years is more appropriate. comply with U.S. DFDR requirements) registered airplanes may be operated in FAA Response: The FAA relied may be allowed to be operated in the the United States. This issue was raised heavily on the industry members of the United States by a U.S. air carrier by the FAA in the SNPRM to this rule, ARAC working group to supply accurate without being on the register, and and the agency proposed that the economic information, including costs would have an economic advantage over applicability of the regulation be of parts, labor, and aircraft down time. U.S.-registered airplanes. changed to include airplanes brought The information was provided in FAA Response: Twin Otter onto the U.S. register or airplanes that aggregate form based on major cost International, Ltd. presented significant are foreign registered and added to an components, not in detail. Therefore, evidence why the DHC–6 airplane operator’s U.S. operations specification contacting the manufacturers of specific (Twin Otter) should be exempted from after October 11, 1991. As explained in parts such as the FDR’s and FDAU’s the flight data recorder upgrade the preamble to the SNPRM, the original would not yield useful additional requirements proposed in the NPRM, language was adopted to minimize costs economic information. During and the final rule includes an and to deter the importation of older, development of the proposal, the ARAC exemption for the DHC–6, whether the non-DFDR equipped airplanes. The fact working group discussed extensively airplanes are operated under part 121 or that the language created a separate the most appropriate compliance part 135. standard for non-U.S. registered period—one that would be practical The FAA fully considered the airplanes was unintentional; the FAA both technologically and economically. popularity of this aircraft model in the always intended to cover all of the Manufacturers and operators argued that sightseeing industry, and determined airplanes operating domestically. TOIL four years is necessary to redesign any 38368 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations affected areas, and to incorporate any remarks are ambiguous and need to be in the Regulatory Evaluation section of needed retrofits into a regular further clarified. It further comments this preamble. maintenance schedule in order to that the rule language should be The FAA disagrees that disharmony is minimize the down time required for changed to include in the rule text the created in the proposal, and notes that installation of DFDR enhancements. The appendix remarks concerning flight harmonization does not mean FAA also notes that the required control breakaway capability; suggests identicality. The final rule is as similar upgrades may be accomplished sooner that the dual coverage requirement for as practicable with international than the prescribed four years; the final conventional axes be deleted; and standards, where they exist, and goes rule requires the installation of the suggests that the requirement for beyond international standards only to DFDR no later than the next heavy recordation apply to only aircraft axes accommodate the NTSB maintenance check, or equivalent, after that are augmented. recommendation, which is the original two years after the effective date of the For newly manufactured airplanes, basis for this rulemaking action. final rule. No changes were made as a GAMA believes there are differences The FAA disagrees that the proposed result of this comment. between parameters that some operators rule language should be changed to General Aviation Manufacturers have chosen to record and proposed exclude retrofit requirements for Association (GAMA) comments that the parameters 58–88. GAMA asks whether existing airplanes operated under part FAA has gone beyond the scope of the operators must cease recording 135 for on-demand service. As NTSB recommendations by including parameters of choice or those required proposed, the rule is not applicable to 10 to 19 passenger airplanes in the in the JAR-Ops and/or ED–55, and these airplanes. Only those part 135 NPRM. GAMA also states that it instead record the proposed extended airplanes that operate scheduled, considers the requirements proposed parameters. GAMA believes clarification commuter operations that have not to be cost beneficial, and thus a final is needed regarding these issues. transferred to part 121 as of March 1997 rule should not be published. GAMA FAA Response: As explained in the will be subject to retrofit requirements indicates that requiring enhanced NPRM, when the NTSB made its in this rule. The FAA also disagrees that DFDR’s would not support the theory of recommendations in February 1995, the the proposed rule language should be eventual zero unexplained accidents per FAA had not yet issued its rule that changed to exclude newly manufactured year simply by increasing the number of requires most airplanes that have 10–19 airplanes that will be operated in on- parameters being monitored. The seats that formerly operated under part demand service. For reasons stated in commenter states that a regulatory 135 to comply with the requirements of the preamble to the NPRM, the FAA analysis is not provided for newly part 121 beginning in March 1997. finds that all airplanes affected should manufactured airplanes and feels this is Because the purpose of that rulemaking comply with the new regulations, necessary by law and is essential. action was to establish ‘‘one level of regardless of the nature of their GAMA also disagrees with the FAA’s safety,’’ the NPRM associated with this operation. The FAA disagrees with the conclusion that the cost of developing a final rule, and all rules developed from commenter’s suggestion that language 256 word per second recorder is this point forward, reflect that agency be added to exclude airplanes insignificant. It cites the requirement to policy. Recognizing the differences certificated for nine or fewer passenger develop standards through committees, between larger airplanes operating seats and all rotorcraft. Section 135.152 and the issue of possible import design under part 121 and those designed to does not apply to airplanes with nine or and data correlation as additional cost carry 10–19 passengers, the FAA fewer passenger seats, and the proposed burdens. GAMA comments that the developed a special section in the language in § 135.152(f) applies only to FAA highlights the benefits of the NPRM to specifically address the flight airplanes that would be required to be NPRM and downplays costs, and that data recorder requirements for these equipped in accordance with §§ 135.152 the proposal does not adequately airplanes. The ARAC working group (a) or (b), as appropriate. quantify the benefits. The FAA should discussed and decided that the intent of With respect to the commenter that be required to conduct a full and the NTSB recommendations was to some of the parameter name and complete cost analysis of the total capture all airplanes regularly used in corresponding remarks are ambiguous, NPRM impact prior to issuing a final commercial service, including those 10– the FAA notes that the names and rule. GAMA further maintains that 19 seat airplanes that began operating remarks have evolved over time and are although the FAA states that no under part 121 in March 1997. generally accepted by industry. The disharmony is created in the proposal, The FAA recognizes that increasing names and remarks were discussed it disagrees, and lists areas of possible the number of recorded parameters may during the ARAC working group conflict as parameters 40, 41, 42, and not realize an immediate safety return, meetings in which GAMA participated. 44. but maintains that the information No technical concerns over the names of GAMA also comments that the NPRM collected will aid in accident and the parameters were raised by the should include rule language that would incident investigations, and will help commenter at the time or subsequently exclude retrofit requirements for detect trends so corrective measures can by any other commenter. The nature of existing airplanes operated under part be taken before an accident occurs. The the commenter’s questions concerning 135 for on-demand service, and would FAA also maintains that as more specific parameter names will be exclude those newly manufactured information is recorded, the occurrence considered in preparation of the airplanes to be operated under part 135 of unexplained accidents and incidents Advisory Circular already under for on-demand service. Likewise, the will decrease. development. commenter states that the proposed Regarding the commenters statements The FAA disagrees that the text amendments should include language addressing the cost/benefit analysis, an contained in the appendix ‘‘Remarks’’ that the amendments would not apply analysis for newly manufactured column should be incorporated into the to any airplane type certificated for nine airplanes, costs associated with rule language for flight control or fewer passenger seats or any developing a 256 word per second breakaway capability parameter. The rotorcraft. recorder, and other cost burdens: these FAA has determined that this addition GAMA also comments that several of and other comments concerning would be confusing for a single the parameters’ names or corresponding economic impact are discussed further parameter and that the text should Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38369 remain in the ‘‘Remarks’’ column of the definitions of part 119, it is clear that parameter at a rate of 1 wps. ATA appendix. § 135.152 applies to on-demand recommends that Appendix B be The FAA disagrees that the dual operators of the 10–30 seat airplanes, revised to allow a recording rate of 1 coverage requirement for conventional and that § 121.344a applies to scheduled wps for lateral acceleration for airplanes axes should be deleted and that the commuter operators. The FAA equipped with 32 wps recorders. requirement for recordation should acknowledges that DFDR’s do not in and Also, ATA comments that the NPRM apply to only aircraft axes that are of themselves prevent accidents; they does not take into account aircraft with augmented. The FAA finds that both of are used as an investigative tool when specialized data acquisition that may be these requirements are needed to meet accidents or incidents occur. However, capable, for example, of recording the NTSB recommendations. it does not agree that continuing to primary axis controls, either by pilot Regarding the issue of recording obtain the current level of information inputs or by surface position, but is not required parameters rather than required to be recorded by § 135.152 capable of recording both. ATA recording parameters of choice (or those without obtaining any new information maintains that software to support this required in the JAR-Ops and/or ED–55), is acceptable for future accident unique system is not available, which the final rule states the parameters that investigation. Similarly, the FAA does would result in the need to install must be recorded in each appropriate not agree with NATA that the term extensive rewiring and expensive section. An operator may choose to ‘‘multiengine’’ should be included in hardware. record parameters beyond those the new §§ 135.152 (i) and (j) for certain ATA also comments that some of the required, but must record the required newly manufactured airplanes. In its accuracies listed in the NPRM for parameters. The FAA acknowledges that deliberations, the FAA decided that a certain parameter sources differ from some operators may have to change the new, single-engine, turbine-powered the accuracy as defined by the aircraft parameters currently being recorded, airplane capable of carrying 10 to 30 manufacturer, and suggests that when unless an operator chooses to replace its passengers should meet the same this happens, the manufacturer’s equipment for that with greater standard as the multiengine airplane accuracy should apply over the affected capacity. carrying the same number of passengers. range. The National Air Transportation Since NATA has not submitted any ATA comments that some operators Association (NATA) comments that additional justification that would have established their DFDR proposed § 135.152 should be revised in warrant different treatment of these Maintenance Programs using the current the final rule to differentiate the airplanes, no changes were made as a Appendix B parameter numbers for applicability of the new requirements by result of this comment. tracking and compliance purposes. ATA ‘‘kind of operation’’ in which a 10 to 30 The Air Transport Association (ATA) recommends that the final rule allow seat airplane is used. It also comments generally supports the proposed rule, those operators that have a parameter- that the final rule language should be but expresses disagreement in the number-based FDR maintenance clarified concerning its applicability to following areas. ATA comments that program to add the new parameters 10 to 30 seat airplanes used in part 135 because the FAA proposes more (numbers) to the original list, their on-demand operations. The FAA is parameters than are included in the maintenance manuals, and word cards. unable to understand clearly NATA’s JAR-Ops, harmonization is not ATA states that the FAA’s time frame comment regarding proposed achieved, and suggests that the FAA for compliance is more reasonable than regulations for airplanes brought onto should restrict its list of parameters to that proposed in the NTSB the U.S. register on or before October 11, those required by European standards, recommendations, but still maintains 1991. The FAA concludes that NATA is even if it means keeping the number of there will be a tremendous burden on suggesting that affected commuter newly manufactured airplane DFDR manufacturers, operators, and suppliers, airplanes operated under § 121.344a that parameters at 57. ATA also comments as well as the FAA. Although FAA are brought onto the U.S. register after that increasing sampling rates in newer rejected ATA’s earlier recommendation October 11, 1991, should be required to generation aircraft is not cost effective to establish a phased compliance meet only existing part 135 and recommends that several schedule, ATA now suggests the FAA requirements. NATA appears to believe parameters be recorded at a sampling should survey operators annually after that there is no justification in requiring rate of once per second rather than the effective date of the rule to two sets of regulations for the same twice per second as proposed. (The determine the status of operator retrofit airplane type simply because of specific parameters will be addressed in programs. registration date, and suggests that the the FAA reply.) In addition, ATA ATA states that with a few October 11, 1991, date be deleted and requests clarification regarding those exceptions, its cost estimates generally that the date of manufacture be used aircrafts that fall under the requirements agree with the data presented by the instead. NATA agrees with the of Appendix B and have the flight FAA in the proposed rule. It states, exclusion of rotorcraft and airplanes control breakaway capability that allows however, that some costs were not certificated with nine or fewer either pilot to operate the controls addressed in the NPRM, and passenger seats from the regulations, but independently. consequently, ATA feels the FAA’s cost feels that the term ‘‘multiengine,’’ which ATA comments that the Lockheed estimates underestimate the total is included in current § 135.152 (a) and Aircraft Corporation Electra L–188 program costs. (b), should be included in proposed should be included on the list of FAA Response: The FAA disagrees §§ 135.152 (i) and (j). airplanes that would not have to comply that disharmony occurs as a result of FAA Response: The FAA appreciates with the new proposal. The L–188 is out this final rule. The ARAC working the NATA comment but it does not of production but remains in service. group made every effort to make the agree that applicability is an issue for ATA also comments that the Loral 800 proposal identical, where applicable, to this final rule. The FAA recently FDR does not have the capacity to the requirements of ED–55. However, promulgated new part 119, which record lateral acceleration at the rate of the FAA has determined that those determines the type of operation that is 4 words per second, as proposed. A two- requirements are insufficient to satisfy applicable to an on-demand or engine airplane equipped with the Loral NTSB recommendations for U.S. commuter operation. When using the F800 is only capable of recording this operators, and has thus provided some 38370 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations additional requirements. The FAA NPRM did not propose to prohibit those clear that this statement may have a recognizes that there may be other operators with a parameter-number- significant impact on some existing alternatives to obtain data, but no based FDR maintenance program from airplanes with FDR parameters that do comprehensive alternative that would adding new parameters (by number) to not reflect the actual condition of the meet the NTSB recommendations has the original list, their maintenance aircraft during certain dynamic been presented, nor cost data submitted manuals, or word cards. conditions. Certain data may not be for comparison. The proposed sampling Regarding the commenter’s suggestion recorded accurately due to filtering that rates, resolution readouts, and to survey operators annually after the takes place prior to recording. parameter list in the NPRM were effective date of the rule to determine The NTSB would like the FAA to developed with input from industry the status of operator retrofit programs, change the proposed language to require representatives, the FAA, and the NTSB. the FAA finds that the exercise would non-FDAU equipped aircraft to be The FAA has determined that serve no useful purpose and would equipped with FDAU’s and believes that justification provided by ATA is not require additional resources and the benefit would justify the additional sufficient to change the proposal. paperwork. Operators may submit their $50,000 per aircraft cost of this retrofit. The FAA agrees that the Lockheed DFDR retrofit status at any time on a Adding a FDAU enables the recording of Aircraft Corporation Electra L–188 voluntary basis. During working group all the FDR parameters recommended should be included in the list of discussions, it was decided that a by the Board in Recommendation 95– airplanes that need not comply with phased-in compliance schedule would 26. It would also provide reserve these amendments, and the applicable not be necessary because affected capacity for future FDR parameter needs sections have been revised in the final airplanes could be retrofitted with any that may become necessary in the future rule. newly required equipment at the time of as a result of accident investigations The FAA does not agree that the Loral a heavy maintenance check. A separate and/or technology advancements. F800 is incapable of recording 4 DFDR retrofit schedule could conflict In addition to the 1997 compliance samples per second (the FAA assumes with other established maintenance date for Boeing 73 retrofits and the 3- ATA misquoted the NPRM when it said schedules and increase costs. year compliance date for newly 4 words per second), as proposed. Discussion of economic comments manufactured airplanes, the NTSB According to the manufacturer of the can be found in the Regulatory suggests that industry should be able to F800 recorder, lateral acceleration can Evaluation section of this preamble. retrofit the affected existing fleet within be recorded at 4 samples per second if Except where noted above, no changes 2 years from the issuance of the final a nonrequired parameter is removed were made as a result of this comment. rule, rather than the 4 years proposed in from the input to the recorder, and the The National Transportation Safety Notice 96–7. existing spare channels are used. Board disagrees with the FAA’s FAA Response: The FAA has fully Regarding specialized equipment proposed compliance dates for newly explored with ARAC the NTSB configurations, the FAA requested for manufactured and existing aircraft, and recommendations concerning the specific comment from TWA and other with the minimum parameter Boeing 737 and a 2-year versus 4-year operators that may find themselves in requirements for existing aircraft. It also compliance date. During the course of unique circumstances. Although the disagrees with the FAA’s decision not to the ARAC working group deliberations, ATA comment points out a unique require more expeditious flight control the aircraft manufacturers presented and problem with specialized FDAU’s, the parameter upgrades for Boeing 737 justified arguments that they would limitations are of recording system airplanes, as required by the Board in its need more than 3 years to incorporate capacity caused by out-of-date software. Recommendation A–95–25, and now the engineering designs necessary to The FAA is not inclined to revise the suggests a December 1997 compliance accommodate the proposed parameters proposed rule in such a way to date for retrofit of these airplanes. that are beyond those listed in ED–55. encourage the continued use of old, In addition, for newly manufactured The FAA published the result of those insufficient software. The FAA does airplanes, the NTSB comments that deliberations in the NPRM, which acknowledge that extenuating most of the 88 parameters included in provided the rationale for these circumstances may occur, and so may the FAA’s proposal are currently being proposals and the retrofit of the existing consider exemptions requesting relief recorded, or are capable of being fleet. The aviation industry provided from the recordation of specific recorded with little cost, by existing information that indicated a 2-year parameters if an operator can show that FDR systems. Therefore, the NTSB retrofit schedule would be prohibitively all efforts to rearrange nonrequired believes that there does not appear to be costly, and that it may be parameters and software ‘‘fix’’ solutions a justifiable technical or economic technologically impossible to complete have been exhausted, and that the only reason for not requiring a full 88- a fleet retrofit in less than 4 years. In solution would be an expensive parameter installation on newly addition, a mandatory 2-year retrofit equipment upgrade. manufactured aircraft by 3 years after schedule would have had a major effect The FAA acknowledges that some of the date of the final rule. on the traveling public due to the accuracies listed are not the same as The NTSB also comments that the unscheduled groundings of airplanes those listed by the manufacturers, but parameter ‘‘Overspeed Warning’’ should that would be necessary to meet the maintains that to achieve the minimum be added to the parameter list for newly requirement. During ARAC discussions, level of safety prescribed by the rule, manufactured airplanes, and that the industry and the FAA found that a 2- and to maintain the continuity of final date should explain in greater year retrofit would be burdensome, and recorded data, the FAA must establish detail the significance of the discussed whether a faster retrofit the standards, not the individual Appendices Header, which reads ‘‘The would result in expenditures that would manufacturers. recorded values must meet the undermine separate attempts to find the The comment concerning operator designated range, resolution and cause of incidents and accidents. maintenance programs is not a flight accuracy requirements during dynamic Finally, the FAA determined that a 4- data recorder issue, and is beyond the and static conditions. All data recorded year compliance time would permit the scope of this rulemaking action. The must correlate in time to within one operators to schedule DFDR retrofits current rule does not prohibit, and the second.’’ The NPRM does not make it during a major maintenance check, e.g., Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38371 a ‘‘D’’ check, while the aircraft is at a the presumption that information that FAA Response: The information maintenance facility that has the may be obtained from filtered or presented in this comment is beyond equipment and technical capability to modified signals. Correlation must be the scope of this rulemaking action. It is perform the installation and the within one second between recorded ultimately the responsibility of the modifications to the airframe. The NTSB data and actual performance. The FAA NTSB to determine whether this has presented no new persuasive agrees that further explanation of these technology would be a useful accident arguments that would justify changing tests is needed, and intends to address investigation tool and provide the the proposal. the test procedures in an upcoming necessary funding for future research. Since the Pittsburgh (Aliquippa) Advisory Circular to clarify the The commenter’s suggested methods of Boeing 737 accident, Boeing has recording of dynamic and static obtaining information from ‘‘virtual’’ concentrated its efforts on using the conditions, and other acceptable means flight data recorders in lieu of the available actual data and derived data to of compliance with the rule. proposed expanded flight data better understand the possible causes of The original NTSB recommendations recorders, while interesting, would not this accident. Boeing has recently did not fully recognize the considerable satisfy the NTSB recommendations introduced changes in the Boeing 737 constraints of DFDR retrofit of older being addressed in this final rule, rudder system that it believes will airplanes that are out of production and especially considering the NTSB’s prevent future rudder-induced rollover are not equipped with flight data expressed need for directly recorded accidents. The FAA acknowledges the acquisition units (FDAU’s), and for data. No change was made as a result of merits of the Boeing program and notes transport category airplanes whose type this comment. that such activities could be cut short if certificates apply to airplanes still in An individual comments that the time and resources had to be directed production. The NTSB did not FAA does not provide a cost benefit toward meeting an accelerated DRDR recommend that 88-parameter recorders analysis in the NPRM. In addition, the retrofit schedule. At best, the recording be installed in those airplanes. The commenter believes the proposed rule is of additional parameters may highlight ARAC team discussed the differences unnecessary and will not automatically where a problem exists. The rudder between FDAU-equipped and non- improve aviation safety. He presents a redesign efforts of Boeing, however, are FDAU-equipped airplanes and number of hypothetical probable causes a positive action that might prevent recognized that the NTSB for accidents discussed in the preamble future accidents, and care must be taken recommendation could not be fully of the NPRM and suggests that improved inspection, maintenance, and not to inhibit such actions accommodated without a FDAU retrofit unnecessarily. training would better serve to prevent of older airplanes. However, the costs At the 1995 public hearing on flight similar accidents. The commenter also related to redesign and retrofit were data recorder upgrades, the FAA stated states that it is necessary to record both found to be excessive when compared to that it hoped that airlines would not pilots’ inputs (force and displacement) the benefits gained in older, less wait for a government mandate before as well as the control surface positions. upgrading recorders. The FAA has complex airplanes. Therefore, the ARAC FAA Response: The NPRM contains a received information that at least one team recommended different retrofit summary of a cost-benefit comparison. major operator of Boeing 737 airplanes requirements for three different A more complete analysis is contained has already made a substantial categories of airplanes, depending on in the docket. The FAA disagrees that commitment to upgrading its airplanes their age and equipment already the proposed rule is unnecessary, before the compliance date mandated in installed. Those categories and although the immediate safety benefits this rule. The FAA applauds this requirements were discussed in Notice may not be readily apparent. Currently, dedication to an important safety No. 96–7, and are summarized in a chart DFDR’s are being used to aid accident initiative and encourages equally printed in this preamble. The FAA has investigation. Furthermore, the FAA is aggressive compliance schedules from fully debated this issue and disagrees convinced that the enhanced data other operators. with the NTSB comment concerning collection required by this rule will The Board’s suggestion to add to the FDAU retrofit of older airplanes, improve the accuracy and completeness parameter list of ‘‘Overspeed Warning’’ including that an additional $50,000 of accident and incident investigations was not raised during the NTSB’s cost per older aircraft is justified. The through the collection and analysis of participation in the ARAC working FAA finds that the NTSB has submitted more information. In addition, the FAA group. The FAA is not including in the no new information that either was not finds that the enhanced data collection final rule in an effort to maintain considered by the FAA or that would required by this rule, and other consistency with the proposed rule and justify developing a supplemental voluntary measures being implemented the substantial cost analyses done by notice to incorporate this comment. No by the air carriers, will provide enough industry for the parameters already changes have been made as a result of data to recognize trends that may proposed. The FAA will consider the NTSB comment. adversely affect flight operations in adding the parameter in future Several members on staff at the West certain airplanes. Manufacturers and rulemaking. Virginia University (WVU) comment operators can analyze these trends and The NTSB requests a more detailed that a virtual flight data recorder that take corrective measures, if necessary, to explanation of the Appendices Header they have been developing is capable of avoid potential accidents or incidents. that, as proposed, reads: ‘‘The recorded achieving the same result that an actual The FAA agrees that improved values must meet the designated range, flight data recorder can, at much lower inspection, maintenance, and training resolution and accuracy requirements costs to industry. Congressman Nick J. are important elements of preventing during dynamic and static conditions. Rahall II and Senator John D. accidents, but that there is no acceptable All data recorded must correlate in time Rockefeller IV, both of West Virginia, substitute for the additional data that to within one second:.’’ The FAA added and the Air Transport Association will be gathered as a result of this rule. the requirement for a dynamic test (ATA) submitted comments in support Regarding the comment on the condition to ensure accurate dynamic of the WVU comment. The ATA states requirement for recording from the pilot recording of aircraft performance. This that the FAA and the NTSB should fund and the copilot both force and requirement was necessary to preclude this technology. displacement, the FAA maintains that 38372 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations the rule provides for the recording of changes were made as a result of this considered by the FAA in this both pilots’ inputs. For clarification, the comment. rulemaking. information in the ‘‘Remarks’’ column Lufthansa German Airlines comments The FAA again acknowledges that has been revised in the final rule. that a four-year compliance time is not this rule will place some economic An individual comments that he sufficient to modify its fleet and burdens on operators. Discussion of would like to see another item added to maintains that, at a minimum, six years comments on economic issues can be the NPRM in light of the recent crashes would be needed. found in the Regulatory Evaluation of ValuJet and TWA. Specifically, he FAA Response: The commenter did section of this preamble. suggests that the rule require an not indicate the size of its fleet that No other comments were received independent, lightweight, stand-by would be subject to the retrofit pursuant to these proposals. In the power supply to the CVR and FDR in requirements; however, the FAA would absence of sufficient, persuasive the event of main bus power failure. He like to point out that the part 129 justification that is necessary to change believes that power source should be requirements apply only to U.S.- the proposed regulations, they are available for 5 to 10 minutes. He registered airplanes, not to the adopted as proposed. believes that the NTSB agrees with his commenter’s entire fleet. The FAA Discussion of Comments to the SNPRM comment and asks for consideration in maintains that extending the Two commenters stated that they future rules if this comment cannot be compliance time would not significantly support the proposals in the SNPRM. included in this rulemaking. reduce the cost or down time involved FAA Response: The commenter did TOIL submitted further comment to per airplane. Since the commenter justify exemption of the DHC–6–300 not present enough information to provided no further information support the idea that a stand-by power from the DFDR retrofit requirements. regarding maintenance schedules or The commenter’s main concern is with supply would be useful during a why the commenter could not meet a 4- catastrophic failure in which the ‘‘the proposed reversal of policy year compliance date, no changes were recording sensors are disabled or established by Flight Standards made as a result of this comment. destroyed. Since power sources for Information Bulletin 92–09’’ and again Japan Airlines Company, Ltd. (JAL) flight data recorder equipment were not urges the FAA to adopt its previous comments that its Aircraft Integrated part of the notice, the comment is policy interpretation regarding airplanes beyond the scope of the rule, and no Monitoring System (AIMS) FDAU is brought onto the register after October changes were made as a result of this almost fully occupied by parameters 11, 1991, and to codify that previous comment. that JAL uses for monitoring on-board policy. TOIL did not offer comments on and ground-based operations. JAL the proposals in the SNPRM. Discussion of Comments to Proposals maintains that requiring the recordation FAA Response: The commenter seems for Part 129 of additional parameters or increasing to have misunderstood that the change Airbus Industrie comments that it sampling rates would require in policy announced in the NPRM was believes the most recent international modifications (including reviewing and a ‘‘proposed’’ reversal of policy. The standards, as established by ICAO, rearranging all of the word slot change in policy was a determination should be sufficient to meet the intent assignments in its FDAU’s) that would already made; the NPRM was merely a of the NTSB recommendations, and cost several million dollars and would conduit for announcing the change believes that to require additional require several months to accomplish. since the subject matter was relevant to standards for non-U.S. operators would JAL requests that the FAA exempt from the NPRM and the affected parties impose heavy retrofit costs. The the final rule those airlines that are would be notified more efficiently using commenter believes that most currently operating with AIMS, or to that document. As stated in the NPRM parameters proposed can, with currently exempt those airlines from the proposed and the SNPRM, the previous policy installed equipment, be either recorded increased sampling rates for DFDR interpretation was found to be directly or reliably determined from parameters. inconsistent with the text of the rule. other data, and requests that more FAA Response: As stated previously, The FAA cannot, in good faith, allow flexibility be allowed to derive certain the FAA acknowledges that some operators to continue to operate without parameters from other data as an operators may have to change their complying with the rule and has made alternative to direct recording. preferred programming to accommodate no changes to the rule addressing the FAA Response: The ARAC working recordation of the required parameters. change of policy. Further explanation is group made every effort to make the The categories of aircraft retrofit created provided in this preamble in the proposal identical, where applicable, to by this rule were chosen carefully to section, ‘‘Discussion of Policy Change’’ the requirements of ED–55. However, account for the majority of aircraft of a below. the FAA has determined that those certain age and equipment installations. One individual commented that the requirements alone are insufficient to The requirements were set so as to not rule should address alternate methods satisfy the NTSB recommendations for require overall equipment replacement of powering recording devices, stating U.S.-registered airplanes. Also, the FAA for minimal gains. Accordingly, the that sometimes the busses powering the recognizes that there may be alternative FAA cannot exempt any aircraft simply recorders are turned off for isolation methods available to obtain information, because it is part of an AIMS-type purposes in the event of an emergency other than direct recording, but has system, as suggested by the commenter, that involves fire or smoke. determined that direct recordation is the without ignoring the carefully FAA Response: The FAA most reliable method, and the best one established categories. Moreover, JAL acknowledges the merit of this to accomplish the needs of the NTSB. states that ‘‘most of the newly-requested comment; however, the issue it The NTSB has investigated a number of parameters are already recorded in addresses is outside the scope of this proposals wherein the proposed (JAL’s) DFDR,’’ and that compliance rulemaking; it may be considered in a parameters were derived; however, the would require a rearrangement of word future rulemaking action. No changes NTSB was not convinced that the slot assignments. JAL has not shown were made as a result of this comment. methodology demonstrated was as that this presents an undue regulatory RAA comments that neither the accurate as direct recordation. No burden or one that was not already NPRM nor the SNPRM have provided Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38373 data to suggest that adoption of the commenter also states that the language economic life remaining to allow them proposals will result in a reduction of intended to correct the policy decision to operate with no or limited flight data accidents, and therefore the final rule discussed in the NPRM and SNPRM is recorders. The FAA disagrees that any should not be applicable for aircraft somewhat confusing. The commenter exception to this rule be handled as where it is shown that disproportionate feels that exemptions to § 135.152 exemptions on a case-by-case basis. The economic hardship would result. The should be handled through the FAA does not grant blanket permanent commenter feels that aircraft with 10 to exemption process on a case-by-case exemptions, and use of that process 19 passenger seats should be affected basis rather being addressed in rule would necessitate the reapplication of only if they are newly manufactured language, and agrees that the ‘‘out of affected parties every two years. The after October 11, 1991 (as opposed to production’’ argument is not a sufficient FAA does not anticipate that being brought onto the U.S. register, as reason for exclusion. The NTSB agrees circumstances would change so as to the rule currently states). RAA that the increase in the minimum FDR justify later the retrofit of the airplanes comments that if the FAA does insist on recording duration for part 135 aircraft listed in this final rule as exempt. adopting the rule as proposed, the 2 from 8 to 25 hours is an appropriate and Further, because these exceptions are year compliance time stated in the timely change. listed for aircraft types, it is more SNPRM should be revised to 4 years, FAA Response: The language efficient to list them as part of the rule stating that it doesn’t make sense to proposed in the SNPRM, that the flight rather than having individual operators propose a 2 year compliance time for data recorder requirements of § 135.152 apply on behalf of themselves and all some airplanes and 4 years for others. apply to aircraft registered outside the affected operators of a certain airplane FAA Response: The FAA United States but placed on the U.S. type design. acknowledges that immediate benefits operations specifications of an operator, from this rule may not be readily is included in the final rule. In its Discussion of Policy Change recognized in terms of reducing comment, the NTSB indicates that In the preamble to Notice No. 96–7, accidents, and that DFDR’s themselves specific language should also be added the FAA announced a change in policy can prevent accidents. However, to to part 121 requirements to ensure that regarding certain airplanes that were respond to the NTSB recommendations all aircraft operated in part 121 service, brought on the U.S. register after to provide better investigative tools for including those under foreign October 11, 1991 (61 FR 37154, July 16, accidents and incidents, the FAA registration, are operated in accordance 1996). The language of current § 135.152 undertook this rulemaking action. with the flight data recorder is clear that any aircraft subject to that Aviation industry representatives requirements of that part. The NTSB section that was brought onto the U.S. supplied the FAA with figures for the indicates that § 121.153 would permit register after that date would have to economic evaluation that was presented the use of foreign-registered aircraft that meet the flight data recorder in the NPRM. The cost figures that the record only 5 parameters of flight data. requirements of that section. As RAA submits in this comment refer only The FAA disagrees with the NTSB’s explained in that Notice, there has been to the DHC–6–300, an airplane with a reading of § 121.153. Paragraph (c)(2) of at least one previous policy unique combination of cost factors. The that section requires that foreign- determination that certain airplanes— FAA has determined that the DHC–6 registered aircraft operated under part those that were on the register before will not have to comply with the DFDR 121 must meet all of the requirements October 11, 1991, were taken off, and requirements. Other operators that can ‘‘of this chapter (14 CFR Chapter 1),’’ were added to the register again after justify why their airplanes should also which includes all of the part 121 October 11, 1991—do not have to meet be exempt, discussing the criteria requirements. Thus, any foreign- the DFDR requirements because of their outlined in the preamble of the NPRM registered airplane operated under part previous registration. As noted, this and the SNPRM, may petition to have 121 must meet the FDR requirements as policy is inconsistent with the clear their airplanes added to the exemption though the aircraft were registered in language of the rule, and with the paragraph in part 135. the United States. recently adopted rules making part 135 The FAA agrees that the 2-year However, after further consideration, scheduled commuter airplanes subject compliance time for airplanes of the FAA has decided that § 121.344a to part 121 beginning in March 1997. operators that ‘‘thought their aircraft should contain the same language as Comments to the NPRM and SNPRM, were grandfathered to meet the current § 135.152 concerning aircraft placed on and telephone inquiries by operators, requirements of part 135, not for the operations specifications of an indicate to the FAA that some installation of an upgrade’’ should be operator. The ‘‘brought on the U.S. commenters thought that this is a revised to read 4 years, and those register’’ language of § 135.152 was proposed policy change. Commenters affected airplanes will have 4 years to repeated in new § 121.344a(a), and the also took the opportunity to suggest come into compliance. The compliance correction proposed for § 135.152(a) in alternative policies to cover these time language that was included in the the SNPRM also applies to airplanes, including a change in SNPRM has been removed to avoid any § 121.344a(a). The language is included § 135.152 to make it applicable only to confusion in compliance times. Affected in the final rule for clarity and airplanes manufactured after October operators have four years to comply, parallelism between the two sections. 11, 1991. (See response at discussion of whether operating under part 135 or The FAA does not want to cause TOIL’s comments, above.) Further, the part 121. Further explanation is confusion in the applicability of NPRM did not contain any proposed provided in this preamble in the § 121.344a for airplanes that are subject compliance time for aircraft affected by section, ‘‘Discussion of Policy Change’’ to it beginning in March 1997. the policy change, nor did it specifically below. The FAA agrees that the simple fact indicate that the policy change affects The NTSB agrees with the intent of that airplanes are out of production is all aircraft—airplanes and rotorcraft— the SNPRM, but comments that specific not sufficient justification for their subject to § 135.152. language is needed to prevent part 121 exclusion from the DFDR requirements. In the SNPRM, the FAA proposed to operators from operating foreign- The number of out of production give operators that had been operating registered aircraft fitted with FDR’s that airplanes still operating is significant, under the old policy two years to have as few as five parameters. The and many airplanes have too much comply with the regulation. The 38374 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations commenters note, however, that this (1) The Lockhead Aircraft Corporation were brought onto the U.S. register after, places a burden on some operators, and Electra L–188 airplane was added to the or that were registered outside the could cause operators of certain list of airplanes that need not comply United States and added to the airplanes that are now subject to part with proposed §§ 121.344 and 125.226, operator’s U.S. operation specifications 121 requirements to possibly undergo a but must continue to comply with after, October 11, 1991; second retrofit—first to meet § 135.152 § 121.343 or 125.225, whichever is (2) Section 135.152(k) was added to because of the policy change and again appropriate: state that the deHavilland DHC-6 (The (2) The reference to Fairchild Aircraft, to meet § 121.344a. Twin Otter) airplane need not comply The FAA agrees that the proposed Inc. FH 227 was corrected to reflect the with DFDR rules. Parts 121 and 125 compliance time of two years may be manufacturer of the FH 227 is Fairchild short, and understands the confusion Industries; already included exception paragraphs; that resulted from the change in policy (3) In all appendices, the following the DHC-6 was the only part 135 being announced in the NPRM and comment was added to the Remarks airplane for which justification was discussed again in the SNPRM. column for Parameter #88: For airplanes shown to grant noncompliance; Accordingly, the policy change is that have a flight control break away (3) References in part 135 to 8 hours effective on the effective date of this capability that allows either pilot to of recorded aircraft operation were final rule. Operators of airplanes or operate the controls independently, revised to read 25 hours, which reflects rotorcraft that were operating pursuant record both control force inputs. The the current industry standard; and to the old policy will have four years control force inputs may be samples (4) The rule language proposed in the from the effective date of this rule in alternatively once per 2 seconds to SNPRM to allow a 2 year compliance which to comply with § 135.152. produce the sampling interval of 1; time for airplanes currently not in Affected operators should note, (4) Technical changes to the compliance was not adopted in the final however, that there is no change to the appendices, including sampling rates; rule. These aircraft were operating rule language of § 135.152 to indicate and without DFDR’s based on a previous (5) Typographical errors were that this compliance period exists. The policy interpretation, the reversal of corrected and minor editorial changes FAA found that a change in the rule which was announced in the preamble language could be interpreted to apply were incorporated. As a result of the SNPRM and of the NPRM. The policy interpretation to all operators, rather than those was changed to be consistent with the affected by the policy change; the comments to the SNPRM, the following current rule language, and no change in compliance date proposed in the changes were made: the rule language is necessary. supplemental notice is not adopted in (1) Proposed § 121.344a(a) and this final rule. comment § 135.152(a) were revised to (5) Each of the exemption paragraphs include turbine-engine-powered has been revised to indicate that the Changes Adopted in the Final Rule airplanes having a passenger seating exemption applies only to aircraft As a result of comments to the NPRM, configuration, excluding any required manufactured before the effective date the following changes were made: crewmember seat, of 10 to 19 seats, that of this final rule.

FLIGHT DATA RECORDER UPGRADE REQUIREMENTS

Category 1 Category 3 Category 4 No FDAU*, mfd on or before 10/ Category 2 FDAU, mfd after FDAU, mfd 3 (or 5) years after 11/91 FDAU, mfd on or before 10/11/91 10/11/91 final rule

CURRENT PARAMETERS

11 parameters 17 parameters Up to 29 parameters 29 parameters

PROPOSED PARAMETERS

17/18 parameters 17±22 parameters 34 parameters 57 parameters (3 years) 88 parameters (5 years)

AIRPLANES

1929 airplanes over 30 seats; 1360 airplanes over 30 seats 1036 airplanes over 30 seats All newly manufactured airplanes 727, 737, DC±8, DC±9, F±28 704 turboprops 673 airplanes 10±19 seats Existing derivatives and any new A±320, 737, 747, 757, 767, DC± 277 airplanes 20±30 seats type certificates 10, F±28, MD±80, ATR±42, 737, 747, 757, 767, 777, F±100, EMB±120, SAAB 340, DHC±8, MD±11, MD±80, MD±88, MD± L±1011 90, ATR±72 * FDAU=Flight Data Acquisition Unit

International Compatibility deemed insignificant. As noted in the Paperwork Reduction Act The FAA has reviewed corresponding discussion of comments, the review This final rule contains information International Civil Aviation included the technical material for collections which are subject to review Organization regulations and Joint parameters numbered 1 through 57. by OMB under the Paperwork Aviation Authority regulations, where Beyond parameter 57, no international Reduction Act of 1995 (Pub. L. 104–13). they exist. Any differences between standards exist. The differences noted The title, description, and respondent those documents and these regulations above will not adversely affect description of the annual burden are are of a minor, technical nature, and are harmonization. shown below. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38375

Title: Revisions to Digital Flight Data assumptions used; (3) enhance the With regard to the Regulatory Recorders Rules. quality, utility, and clarity of the Flexibility Act of 1980, the FAA has Description: This regulation revises information to be collected; and (4) determined that a substantial number of and updates the Federal Aviation minimize the burden of the collection of small entities will not be significantly Regulations to require that certain information on those who are to affected economically by this final rule. airplanes be equipped to accommodate respond, including through the use of With regard to the OMB directive, the additional digital flight data recorder appropriate automated, electronic, FAA has concluded that this final rule (DFDR) parameters. These revisions mechanical, or other technological could have a potential, but insignificant, follow a series of safety collection techniques or other forms of indirect affect on international trade. A recommendations issued by the information technology. full regulatory evaluation of the final National Transportation Safety Board Individuals and organizations may rule providing a detailed discussion of (NTSB), and the Federal Aviation submit comments on the information the costs and benefits summarized in Administration’s (FAA) decision that collection requirements by September this section is available in the docket for the DFDR rules should be revised to 15, 1997, and should direct them to the this rulemaking action. upgrade recorder capabilities in most address listed in the ADDRESSES section transport airplanes. These revisions will of this document. Comments should Costs require additional information to be also be submitted to the Office of To obtain representative and collected to enable more thorough Information and Regulatory Affairs, comprehensive information from which accident or incident investigation and to OMB, New Executive Office Bldg., to develop the industry costs of this enable industry to predict certain trends Room 10202, 725 17th St. NW, final rule, the FAA relied on the and make necessary modifications Washington, DC 20503, Attention, Desk responses of the Air Transport before an accident or incident occurs. Officer for FAA. Association (ATA) and the Regional Description of Respondents: Persons are not required to respond to Airline Association (RAA) members to Businesses or other for profit a collection of information unless it an air carrier cost survey developed by organizations. displays a currently valid OMB control the ARAC working group. (The FAA There are no annual reporting or number. The burden associated with augmented this information with recordkeeping burdens associated with this final rule has been submitted to adjusted cost analyses from the recently this rule. The information is collected OMB for review. The FAA will publish effectively commuter rule). The automatically, electronically. It is a notice in the Federal Register principle aggregate costs detailed in the retained for only 25 hours, and is notifying the public of the approval cost survey were (1) equipment and overwritten on a continuing basis. In the numbers and expiration date. inventory/spares; (2) engineering, event of an accident or incident, the installation, and other costs, inclusive of Regulatory Evaluation Summary information is downloaded by the NTSB recurrent maintenance costs; and (3) as a part of its statutory mission. The Changes to Federal regulations must aircraft out-of-service costs, which airplane operators are not required to undergo several economic analyses. reflect net operating revenue losses keep the information, nor to report it. First, Executive Order 12866 directs that resulting from unscheduled aircraft Cost estimates shown here are each Federal agency shall propose or downtime. aggregates for the entire 4-year adopt a regulation only upon a reasoned The FAA estimates that total costs for compliance time frame. In determining determination that the benefits of the air carriers operating turbojets under capital and start-up costs to the airline intended regulation justify its costs. part 121 would equal $308.9 million industry, the FAA has assumed that in Second, the Regulatory Flexibility Act ($259.1 million, discounted) within the determining the figures, commercial of 1980 requires agencies to analyze the 4-year compliance time frame of this airline operators took into account the economic effect of regulatory changes rulemaking. The equivalent total annualized expected useful life of the on small entities. Third, the Office of turboprop fleet costs for air carriers equipment to be installed in their Management and Budget directs operating under part 121 are estimated aircraft. Total capital investment costs, agencies to assess the effect of to be $30.4 million ($25.8 million, as detailed in the Regulatory Evaluation regulatory changes on international discounted) under the same 4-year are estimated at $155.4 million ($131.6 trade. compliance time frame. Estimates of the million discounted), and engineering With regard to Executive Order 12866, total 4-year compliance time frame costs costs are estimated at $3.2 million ($2.7 the FAA determined that this for part 135, 10–19 seat aircraft required million discounted). Other costs, which rulemaking is significant because of the to operate under part 121 as of March include recurrent and nonrecurrent substantial public interest in obtaining 1997 are $26.4 million ($22.3 million, maintenance costs and costs associated flight data and the NTSB’s ability to discounted) and for part 135, 20–30 seat with retrieving information from DFDR conduct full investigations. aircraft, are $10.9 million ($9.2 million, units following an accident or incident, Accordingly, the FAA evaluated two discounted). Total part 135 costs are are estimated at $16.4 million ($11.4 alternative approaches. In consideration $37.3 million ($31.5 million, million discounted). of these alternatives, the FAA has discounted). Thus, the estimated total 4- The agency solicits public comment concluded that (1) shortening the year compliance time frame discounted on the information collection compliance time frame to two years as costs for the retrofits required under this requirements in order to: (1) Evaluate analyzed in the NPRM, would increase final rule are $316.3 million. whether the proposed collection of the cost of this rulemaking by as much The costs associated with upgrading information is necessary for the proper as $170.6 million, discounted; and (2) the industry’s turbojet fleet with the performance of the functions of the adopting a simulator methodology to new DFDR requirements are in excess of agency, including whether the obtain more DFDR parametric detail, 80 percent of the total air carrier information will have practical utility; although less costly, would not measure industry costs (turbojets, turboprops and (2) evaluate the accuracy of the agency’s all parameters specified in this final part 135 airplanes required to begin estimate of the burden of the proposed rule, nor satisfactorily meet the needs of operating under part 121 in 1997). Just collection of information, including the the NTSB. Hence, the FAA has rejected over 20 percent of the total turbojet fleet validity of the methodology and both of these alternative approaches. costs ($70.1 million; $59.4 million, 38376 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations discounted) are out-of-service costs or incidents involving aircraft with DFDR through the ATA and RAA, both of lost net operating revenues that result enhancements in place, the FAA finds which participated in the ARAC from this rulemaking. No similar that there is a reasonable prospect that process. The comments containing more estimates of the out-of-service costs as many as 1.43 accidents could be specific economic content are were provided to the FAA for either the prevented over the next 20 years. This summarized below. turboprop fleet or part 135 carriers that could save up to 143 lives. The FAA Several commenters addressed will now be required to operate under anticipates that, particularly in light of specific issues with regard to airplanes part 121. Proportionately however, the the NTSB recommendations, currently operating under part 135. FAA does not expect these to be information concerning enhanced Piedmont Airlines notes that the significantly different than those parameters can be collected cost- recorders currently used in its ATR–72 estimated for the turbojet fleet. effectively; it is also expected that the record 98 parameters and those used in FAA will be able to use incident its SAAB 340 record 128 parameters. In Benefits information to reduce accidents of the both cases, certain of the parameters The FAA finds that the benefits that nature that are currently of specified by this rulemaking are not will result from this final rule can be undetermined cause. currently being recorded but could be considered as two interrelated areas. derived; the cost however, to retrofit First, there are inherent, non- Benefit Cost Comparison these airplanes to be in compliance measurable benefits that evolve from The FAA cautions that the cost would be about $100,000 per aircraft. increasing the volume of detailed analysis detailed in the preceding Similarly, Aerospatiale and Alenia accident and incident information from sections is not necessarily exhaustive. (ATR), manufacturers of ATR airplanes, which the aviation industry as a whole The purpose of this rulemaking is to suggest some requirements flexibility can draw upon as an added resource. require the installation of DFDR’s that should be introduced for those airplanes Second, there are the direct, measurable record more flight information. This in such as the ATR 42/72 with recorder benefits that would result from turn, will allow industry to recognize requirements that are essentially in potentially averting an accident as a certain trends in order to make any harmonization with EUROCAE ED–55 result of the DFDR enhancements. necessary modifications to avoid future requirements. In the first instance, this final rule accidents or incidents. Thus, the FAA Comments submitted by the RAA supports the recent voluntary efforts of presumes that, as a result of this include statements by RAA members those air carriers that have introduced rulemaking, the quantity and quality of that question the rationale of including data acquisition enhancements into information will increase. To the extent for retrofit certain aircraft that currently their newer model airplanes. This that NTSB is able to make findings of have demonstrably effective recorder subset of new airplanes with upgraded probable cause in the event of accidents systems. In addition to the above noted DFDR’s has provided certain air carriers or incidents, the FAA will be able to ATR 42, ATR 73 and SAAB 340, the with ‘‘quick access’’ capability and determine what, if any, appropriate RAA, in an attachment submitted by allowed for the development of additional action is needed to prevent a Atlantic Southeast Airlines, Inc. (ASA), integrated maintenance and training recurrence of those kinds of accidents or objects to the retrofit of BAe 146 and programs predicated on the additional incidents. EMB–120 aircraft. ASA also cites a information being collected. It has also Future FAA actions could take the previous estimate submitted by allowed for more rapid and form of Advisory Circulars, Aerospatiale to retrofit the ATR 72 as comprehensive detail to be obtained by Airworthiness Directives, or possibly, costing $30,000 and 20 man-hours per the FAA and NTSB in certain recent additional rulemaking. The costs of aircraft, and a previous estimate airplane accidents. The inherent these follow-on FAA actions could vary submitted by AVRO to retrofit the BAe benefits resulting from this rulemaking from negligible costs to considerable 146 as costing $110,000, 1200 man- will evolve as all commercial air carriers costs of some unknown amount. While hours, and 2.5 weeks downtime per adopt the required DFDR enhancements the costs of such future follow-on aircraft. in their airplanes. actions by the FAA might be considered In another statement submitted with Although DFDR’s do not in and of part of the costs of this rulemaking, the the RAA comment, Comair believes the themselves prevent accidents, through FAA cannot estimate the costs of these recorder capabilities currently their use as an investigative tool when unknown future actions. The FAA employed on its in-service fleet far accidents or incidents do occur, trends acknowledges that, to the extent that the exceed those of the rulemaking’s ‘‘target that may adversely affect flight costs of any follow-on actions are more aircraft’’, e.g., older 737’s and DC–9’s. operations in certain airplanes can be than negligible, the current cost Comair also provided retrofit cost data determined. Accident investigators in estimates would tend to underestimate for its fleet of 40 Embraer EMB 120 obtaining a greater understanding of the the total cost of this rulemaking. aircraft ($51,450 and 6 days downtime accident dynamics from the DFDR per aircraft) and its fleet of 70 Canadair information, can, in turn, be used to Public Comments on Economic Issues CL600–2B19 regional jets ($136,600 and more easily determine the probable in the NPRM 6 days downtime per aircraft). Although causes of accidents and incidents. With The FAA received comments from not part of the RAA comment and this knowledge, a ‘‘fix’’ can be twenty-six parties in response to the attachments, Embraer also provided developed to reduce the chance of a published DFDR NPRM. Most of the detailed cost information for the similar occurrence in the future. comments concerned engineering and retrofitting of the EMB–120 aircraft In the second instance noted above, other technical detail germane to the under each of the categories specified in although the FAA is not able to quantify reconfiguration requirements; fewer the rule. Embraer’s retrofit cost precisely the likely benefits that will comments presented any detailed estimates are more in line with those ultimately result from this rulemaking, economic considerations of the presented in the NPRM and the FAA anticipates that the DFDR proposed rule. This was expected since considerably less than those cited enhancements required by this final rule the regulatory evaluation and economic above. will lead to a reduction in accidents and analysis were derived from the airline- A statement from USAir Express notes a saving of lives. As a result of analyzing specific cost information as provided that the cost data submitted by the RAA Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38377 were primarily for aircraft operated by recorded by some European With regard to the remaining issues RAA members under part 121, not part manufacturers of FDRs and those on the noted above concerning the parameter 135 as estimated in the regulatory NTSB list. This is also true of the requirements of newly manufactured evaluation; only the EMB–120 is currently operational A300–600/310 airplanes, the potential cost burden, and operated exclusively under part 135. As and A319/320/321 aircraft which can the apparent excessive cost/benefit a consequence, RAA/USAir Express record up to 270 parameters and the ratio, Federal regulations in general, suggest that the FAA cost estimates for A330/A340 models which can record up require only that the complete rule be retrofitting aircraft operating under part to 400 parameters. subjected to a cost/benefit analysis, not 121 are from 5 percent to 10 percent The Air Line Pilots Association its component parts. Furthermore, low. (ALPA) notes that the cost data supplied although the cost information provided Finally, Twin Otter International by ATA and RAA was inclusive only up by ATA and RAA allowed detailed (TOIL) contends that the DHC–6–300, to 57 parameters (category IV), but analysis of the first three aircraft which is no longer in production, was contends that there is no justifiable categories, an analysis of the benefits not designed for FDR’s and no technical or economic reason not to cannot be estimated in similar manner; engineering data exists to support an include 88 parameters 3 years (not 5 benefits therefore, were determined for FDR installation. TOIL estimates the years) after the promulgation of the final the overall rule. Finally, as noted in the costs to redesign the DHC–6–300 aircraft rule as is the case with the 57 parameter preamble, cost alone cannot justify systems and recertify would be in group. Fairchild Aircraft disagrees with ignoring the recognized potential safety excess of $130,000, and deHavilland, the position that newly manufactured gains inherent in this rule, the inclusion the Twin Otter manufacturer, has no 10–19 seat airplanes should be required of certain airplanes now operating interest in participating in the cost of to have either 57 parameters within 3 to under part 135 to comply with the certifying/retrofitting the DHC–6–300. 5 years after issuance of the final rule or requirements of part 121 is a result of TOIL concludes that application of the 88 parameters 5 years after issuance of the commuter or ‘‘one level of safety’’ rule would inhibit the ability of U.S. the final rule. Fairchild Aircraft also rule. operators to purchase additional maintains that compliance with With regard to parts vendors and the aircraft, particularly since the majority § 135.152 is more than adequate for disaggregation of materials costs, of available Twin Otters are registered airplanes operating under part 135. comments were received from two outside the U.S. Fairchild Aircraft, one of two U.S. suppliers (Flight Systems Engineering, FAA Response: The FAA appreciates Inc. and Patriot Sensors and Controls manufacturers of commuter category the additional cost detail regarding Corporation) and one trade association airplanes also included aggregate aircraft operating under part 135 as (Airlines Pilot Association (ALPA)). The recurring and non-recurring cost provided in these comments, as well as vendors’ comments addressed the costs estimates for retrofitting its Metro 23 the clarification of the cost detail as of specific equipment components and airplane to be in compliance with final provided by the RAA. The FAA relied the lead time required to meet orders. A rule’s 57 and 88 parameter heavily on ARAC working group portion of ALPA’s comments focused on requirements. The General Aviation members to supply accurate and timely the need for a more extensive review of Manufacturers Association (GAMA) cost detail and economic information. cost data and recommended contacting notes that under all scenarios, the cost This reliance also assumed that the cost individual manufacturers of FDRs and detail supplied clearly delineated the of this rule exceed the benefits and FDAUs. retrofit costs associated with aircraft faults the FAA with not having FAA Response: The FAA appreciates operating under part 135 from those developed separate cost/benefit analysis the logistics information regarding operating under part 121. for newly manufactured aircraft (57 or vendor lead times which are well within With regard to the so-called 88 parameters); GAMA believes this to the 4-year compliance time of this final ‘‘requirements flexibility’’ or possible be required under the law. Finally, ATA rule. The FAA however, notes that the exemption of certain aircraft, this is not contends that the disharmony arising cost data developed for this rulemaking a matter for consideration in the over the 31 parameter discrepancy (88 was provided by ATA and RAA at the regulatory evaluation. It should be noted vs. 57 parameters) would affect sales/ aggregate level; it does not lend itself to that the ARAC working group, with transfers of airplanes between European the micro detail of specific retrofit significant industry input, concluded airlines/carriers and U.S. airlines/ components. No changes to the that the differences between the NTSB carriers. regulatory evaluation or the rule were recommendations and ED–55 would be FAA Response: The FAA notes that made in response to these comments. insignificant for U.S. operators. Finally, no cost detail for the 88 parameter list Finally, a comment was submitted by with regard to the DHC–6–300 airplane was included in the information the Department of Civil and (the Twin Otter) the FAA received provided by ATA or RAA for analysis in Environmental Engineering of the sufficient information to support the the NPRM, and the detail that was University of West Virginia (WVU) exemption of these aircraft operated provided for the 57 parameter list was proposing an alternative approach to the under part 135. Section 135.152(k) was incomplete and essentially unusable. In retrofitting requirements of this rule added to provide that exemption. both cases, this was due to the lack of based on Artificial Intelligence, or more Several comments were received adequate vendor cost detail for products specifically, Neural Network theory. regarding the 88 parameter list for which may not even be on the market Relying on an alternate set of airplanes in category V (those that will as yet, and the generally speculative assumptions, the WVU team estimates be manufactured five years after the nature that would be required or air the cost of the DFDR final rule at $1.046 effective date of this rule), most of carriers in developing macro cost billion, or more than three times the which noted the absence of a detailed breakouts for newly manufactured FAA estimate, and offers their software- cost/benefit analysis specific to this airplanes in the future. These based system, the Virtual Flight Data requirement for future newly impediments were recognized by the Recorder (VFDR), as a low-cost manufactured aircraft. Airbus Industrie ARAC working group, and, as a alternative. Utilizing the data taken from notes an inexact match between the 88 consequence, no request for this an existing conventional 11-parameter or more parameters currently being information was tendered. FDR, the VFDR, according to the WVU 38378 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations team, would accurately ‘‘reconstruct’’ scheduled operators of aircraft for hire Impact Analysis, has been placed in the most of the additional parameters for which the entire fleet has a seating docket. A copy may be obtained by detailed in the final rule via a Neural capacity less than or equal to 60 seats; contacting the person identified under Network mapping process at a cost of and (3) $4,900 (1995 dollars) in the case the heading FOR FURTHER INFORMATION about $800–$1,000 per aircraft, or about of unscheduled operators of aircraft for CONTACT. 1 percent of their cost estimate for this hire. final rule. The WVU comment The FAA has determined the List of Subjects concludes that the opportunity cost of annualized costs (20 years) for 14 CFR Part 121 the hard retrofit is lost savings which scheduled operators of large aircraft to Air carriers, Aviation safety, could be invested in a variety of safety be $5,611 per aircraft. Multiplying this enhancements. estimate by 9 (the upper bound of the Reporting and recordkeeping FAA Response: The FAA appreciates small entity criteria) yields a result of requirements, Transportation. the efforts of the WVU team in $50,501. This estimate is significantly 14 CFR Part 125 and Part 129 presenting an innovative, low-cost below the minimum compliance cost ‘‘simulator’’ alternative to the hardware criteria of $122,400 for scheduled Aviation safety, Reporting and retrofits that will be required by this operators of large aircraft. recordkeeping requirements. rule. However, the rulemaking is The FAA has also determined the 14 CFR Part 135 concerned with expanding the number annualized costs (20 years) for of parameters to be recorded as scheduled operators of small aircraft to Aviation safety, Reporting and requested by the NTSB, not with be $3,067 per aircraft. The upper bound recordkeeping requirements. revising the means by which additional costs for consideration within the small The Amendment data can be collected. The NTSB has entity (9 aircraft) criteria are $27,603, made it clear that its requirements must which is well below the minimum In consideration of the foregoing, the be met by direct parametric compliance cost of $69,800. Thus, the Federal Aviation Administration measurement via recorder, and has not FAA has determined that a substantial amends 14 CFR parts 121, 125, 129 and supported industry comments with number of small entities will not be 135 of the Federal Aviation Regulations respect to parameter redundancy or significantly affected by this final rule. as follows: inference from parameters already International Trade Impact Assessment PART 121ÐOPERATING recorded. The FAA supports the The FAA anticipates that revisions to REQUIREMENTS: DOMESTIC, FLAG, continued efforts on the part of the AND SUPPLEMENTAL OPERATIONS WVU team to disseminate VFDR digital flight data recorder rules could information to the NTSB, FAA Research have some indirect affect on 1. The authority citation for part 121 Office and airline industry. The FAA, international trade. The FAA finds that continues to read as follows: through this rulemaking, takes no while the final rule will not effect non- Authority: 49 U.S.C. 106(g), 40113, 40119, position at this time on the VFDR or the U.S. operators of foreign aircraft operating outside the United States, it 44101, 44701–44702, 44705, 44709–44711, commenter’s measurement of the 44713, 44716–44717, 44722, 44901, 44903– opportunity costs of this final rule. could affect the suppliers of materials 44904, 44912, 46105. required for retrofitting the affected Final Regulatory Flexibility aircraft in the domestic fleet. Domestic 2. Section 121.344 is revised to read Determination sources of the required retrofit as follows: The Regulatory Flexibility Act of 1980 components may not be able to meet all § 121.344 Digital flight data recorders for (RFA) was enacted by Congress to of the increased demand of the domestic transport category airplanes. ensure that small entities are not air carriers for DFDR’s as these air (a) Except as provided in paragraph unnecessarily or disproportionately carriers increase their orders to meet the (1) of this section, no person may burdened by Federal regulations. The compliance time frame for these operate under this part a turbine-engine- RFA requires regulatory agencies to regulations. Foreign producers may powered transport category airplane review rules which may have ‘‘a benefit by supplying the unfilled orders. significant economic impact on a unless it is equipped with one or more substantial number of small entities.’’ Conclusion approved flight recorders that use a For this final rulemaking, a ‘‘small For the reasons discussed in the digital method of recording and storing entity’’ is an operator of aircraft for hire preamble, and based on the findings in data and a method of readily retrieving that owns, but does not necessarily the Regulatory Flexibility Determination that data from the storage medium. The operate, nine (9) aircraft or fewer. A and the International Trade Impact operational parameters required to be ‘‘substantial number of small entities’’, Analysis, the FAA has determined that recorded by digital flight data recorders as defined in FAA order 2100.14A— this final rule is a significant regulatory required by this section are as follows: Regulatory Flexibility Criteria and action under Executive Order 12866. In the phrase ‘‘when an information source Guidance, is a number (in this instance, addition, the FAA certifies that this rule is installed’’ following a parameter the number of operators) that is not will not have a significant economic indicates that recording of that fewer than eleven and is more than one- impact, positive or negative, on a parameter is not intended to require a third of the small entities subject to final substantial number of small entities change in installed equipment: rule. under the criteria of the Regulatory (1) Time; A ‘‘significant economic impact’’ or Flexibility Act. This rule is considered (2) Pressure altitude; cost threshold, is defined as an significant under Department of (3) Indicated airspeed; annualized net compliance cost level Transportation Order 2100.5, Policies (4) Heading—primary flight crew that exceeds (1) $122,400 (1995 dollars) and Procedures for Simplification, reference (if selectable, record discrete, in the case of scheduled operators of Analysis, and Review of Regulations. A true or magnetic); aircraft for hire whose entire fleet has a regulatory evaluation of the rule, (5) Normal acceleration (Vertical); seating capacity in excess of 60 seats; (2) including a Regulatory Flexibility (6) Pitch attitude; $69,800 (1995 dollars) in the case of Determination and International Trade (7) Roll attitude; Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38379

(8) Manual radio transmitter keying, (42) Throttle/power lever position; (77) Hydraulic pressure (each system); or CVR/DFDR synchronization (43) Additional engine parameters (as (78) Loss of cabin pressure; reference; designated in Appendix M of this part); (79) Computer failure; (9) Thrust/power of each engine— (44) Traffic alert and collision (80) Heads-up display (when an primary flight crew reference; avoidance system; information source is installed); (10) Autopilot engagement status; (45) DME 1 and 2 distances; (81) Para-visual display (when an (11) Longitudinal acceleration; (46) Nav 1 and 2 selected frequency; information source is installed); (12) Pitch control input; (47) Selected barometric setting (when (82) Cockpit trim control input (13) Lateral control input; an information source is installed); position—pitch; (14) Rudder pedal input; (48) Selected altitude (when an (83) Cockpit trim control input (15) Primary pitch control surface information source is installed); position—roll; position; (49) Selected speed (when an (84) Cockpit trim control input (16) Primary lateral control surface information source is installed); position—yaw; position; (50) Selected mach (when an (85) Trailing edge flap and cockpit (17) Primary yaw control surface information source is installed); flap control position; position; (51) Selected vertical speed (when an (86) Leading edge flap and cockpit (18) Lateral acceleration; information source is installed); flap control position; (19) Pitch trim surface position or (52) Selected heading (when an (87) Ground spoiler position and parameters of paragraph (a)(82) of this information source is installed); speed brake selection; and section if currently recorded; (53) Selected flight path (when an (88) All cockpit flight control input (20) Trailing edge flap or cockpit flap information source is installed); forces (control wheel, control column, control selection (except when (54) Selected decision height (when rudder pedal). parameters of paragraph (a)(85) of this an information source is installed); (b) For all turbine-engine powered section apply); (55) EFIS display format; transport category airplanes (21) Leading edge flap or cockpit flap (56) Multi-function/engine/alerts manufactured on or before October 11, control selection (except when display format; 1991, by August 20, 2001. parameters of paragraph (a)(86) of this (57) Thrust command (when an (1) For airplanes not equipped as of section apply); information source is installed); July 16, 1996, with a flight data (22) Each Thrust reverser position (or (58) Thrust target (when an acquisition unit (FDAU), the parameters equivalent for propeller airplane); information source is installed); listed in paragraphs (a)(1) through (23) Ground spoiler position or speed (59) Fuel quantity in CG trim tank (a)(18) of this section must be recorded brake selection (except when parameters (when an information source is within the ranges and accuracies of paragraph (a)(87) of this section installed); specified in Appendix B of this part, apply); (60) Primary Navigation System and— (24) Outside or total air temperature; Reference; (i) For airplanes with more than two (25) Automatic Flight Control System (61) Icing (when an information engines, the parameter described in (AFCS) modes and engagement status, source is installed); paragraph (a)(18) is not required unless including autothrottle; (62) Engine warning each engine sufficient capacity is available on the (26) Radio altitude (when an vibration (when an information source existing recorder to record that information source is installed); is installed); parameter; (27) Localizer deviation, MLS (63) Engine warning each engine over (ii) Parameters listed in paragraphs Azimuth; temp. (when an information source is (a)(12) through (a)(17) each may be (28) Glideslope deviation, MLS installed); recorded from a single source. Elevation; (64) Engine warning each engine oil (2) For airplanes that were equipped (29) Marker beacon passage; pressure low (when an information as of July 16, 1996, with a flight data (30) Master warning; source is installed); acquisition unit (FDAU), the parameters (31) Air/ground sensor (primary (65) Engine warning each engine over listed in paragraphs (a)(1) through airplane system reference nose or main speed (when an information source is (a)(22) of this section must be recorded gear); installed); within the ranges, accuracies, and (32) Angle of attack (when (66) Yaw trim surface position; recording intervals specified in information source is installed); (67) Roll trim surface position; Appendix M of this part. Parameters (33) Hydraulic pressure low (each (68) Brake pressure (selected system); listed in paragraphs (a)(12) through system); (69) Brake pedal application (left and (a)(17) each may be recorded from a (34) Ground speed (when an right); single source. information source is installed); (70) Yaw or sideslip angle (when an (3) The approved flight recorder (35) Ground proximity warning information source is installed); required by this section must be system; (71) Engine bleed valve position installed at the earliest time practicable, (36) Landing gear position or landing (when an information source is but no later than the next heavy gear cockpit control selection; installed); maintenance check after August 18, (37) Drift angle (when an information (72) De-icing or anti-icing system 1999 and no later than August 20, 1997. source is installed); selection (when an information source A heavy maintenance check is (38) Wind speed and direction (when is installed); considered to be any time an airplane is an information source is installed); (73) Computed center of gravity scheduled to be out of service for 4 or (39) Latitude and longitude (when an (when an information source is more days and is scheduled to include information source is installed); installed); access to major structural components. (40) Stick shaker/pusher (when an (74) AC electrical bus status; (c) For all turbine-engine powered information source is installed); (75) DC electrical bus status; transport category airplanes (41) Windshear (when an information (76) APU bleed valve position (when manufactured on or before October 11, source is installed); an information source is installed); 1991— 38380 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

(1) That were equipped as of July 16, manufactured after August 19, 2002 the Documentation sufficient to convert 1996, with one or more digital data parameters listed in paragraph (a)(1) recorded data into the engineering units bus(es) and an ARINC 717 digital flight through (a)(88) of this section must be and discrete values specified in the data acquisition unit (DFDAU) or recorded within the ranges, accuracies, applicable appendix must be equivalent, the parameters specified in resolutions, and recording intervals maintained by the certificate holder. paragraphs (a)(1) through (a)(22) of this specified in Appendix M of this part. (k) Each flight data recorder required section must be recorded within the (g) Whenever a flight data recorder by this section must have an approved ranges, accuracies, resolutions, and required by this section is installed, it device to assist in locating that recorder sampling intervals specified in must be operated continuously from the under water. Appendix M of this part by August 18, instant the airplane begins its takeoff (l) The following airplanes that were 2001. Parameters listed in paragraphs roll until it has completed its landing manufactured before August 18, 1997 (a)(12) through (a)(14) each may be roll. need not comply with this section, but recorded from a single source. (h) Except as provided in paragraph must continue to comply with (2) Commensurate with the capacity (i) of this section, and except for applicable paragraphs of § 121.343 of of the recording system (DFDAU or recorded data erased as authorized in this chapter, as appropriate: equivalent and the DFDR), all additional this paragraph, each certificate holder (1) Airplanes that meet the State 2 parameters for which information shall keep the recorded data prescribed noise levels of part 36 of this chapter sources are installed and which are by this section, as appropriate, until the and are subject to § 91.801(c) of this connected to the recording system must airplane has been operated for at least chapter, until January 1, 2000. On and be recorded within the ranges, 25 hours of the operating time specified after January 1, 2000, any Stage 2 accuracies, resolutions, and sampling in § 121.359(a) of this part. A total of 1 airplane otherwise allowed to be intervals specified in Appendix M of hour of recorded data may be erased for operated under Part 91 of this chapter this part by August 18, 2001. the purpose of testing the flight recorder must comply with the applicable flight (3) That were subject to § 121.343(e) or the flight recorder system. Any data recorder requirements of this of this part, all conditions of erasure made in accordance with this section for that airplane. § 121.343(e) must continue to be met paragraph must be of the oldest (2) General Dynamics Convair 580, until compliance with paragraph (c)(1) recorded data accumulated at the time General Dynamics Convair 600, General of this section is accomplished. of testing. Except as provided in Dynamics Convair 640, deHavilland (d) For all turbine-engine-powered paragraph (i) of this section, no record Aircraft Company Ltd. DHC–7, Fairchild transport category airplanes that were need be kept more than 60 days. Industries FH 227, Fokker F–27 (except manufactured after October 11, 1991— (i) In the event of an accident or Mark 50), F–28 Mark 1000 and Mark (1) The parameters listed in paragraph occurrence that requires immediate 4000, Gulfstream Aerospace G–159, (a)(1) through (a)(34) of this section notification of the National Lockheed Aircraft Corporation Electra must be recorded within the ranges, Transportation Safety Board under 49 10–A, Lockheed Aircraft Corporation accuracies, resolutions, and recording CFR 830 of its regulations and that Electra 10–B, Lockheed Aircraft intervals specified in Appendix M of results in termination of the flight, the Corporation Electra 10–E, Lockheed this part by August 20, 2001. Parameters certificate holder shall remove the Aircraft Corporation Electra L–188, listed in paragraphs (a)(12) through recorder from the airplane and keep the Maryland Air Industries, Inc. F27, (a)(14) each may be recorded from a recorder data prescribed by this section, Mitsubishi Heavy Industries, Ltd. YS– single source. as appropriate, for at least 60 days or for 11, Short Bros. Limited SD3–30, Short (2) Commensurate with the capacity a longer period upon the request of the Bros. Limited SD3–60. of the recording system, all additional Board or the Administrator. 3. Section 121.344a is added to read parameters for which information (j) Each flight data recorder system as follows: sources are installed and which are required by this section must be connected to the recording system must installed in accordance with the § 121.344a Digital flight data recorders for 10±19 seat airplanes. be recorded within the ranges, requirements of § 25.1459 (a), (b), (d), accuracies, resolutions, and sampling and (e) of this chapter. A correlation (a) Except as provided in paragraph (f) intervals specified in Appendix M of must be established between the values of this section, no person may operate this part by August 20, 2001. recorded by the flight data recorder and under this part a turbine-engine- (e) For all turbine-engine-powered the corresponding values being powered airplane having a passenger transport category airplanes that are measured. The correlation must contain seating configuration, excluding any manufactured after August 18, 2000— a sufficient number of correlation points required crewmember seat, of 10 to 19 (1) The parameters listed in paragraph to accurately establish the conversion seats, that was brought onto the U.S. (a)(1) through (57) of this section must from the recorded values to engineering register after, or was registered outside be recorded within the ranges, units or discrete state over the full the United States and added to the accuracies, resolutions, and recording operating range of the parameter. Except operator’s U.S. operations specifications intervals specified in Appendix M of for airplanes having separate altitude after, October 11, 1991, unless it is this part. and airspeed sensors that are an integral equipped with one or more approved (2) Commensurate with the capacity part of the flight data recorder system, flight recorders that use a digital method of the recording system, all additional a single correlation may be established of recording and storing data and a parameters for which information for any group of airplanes— method of readily retrieving that data sources are installed and which are (1) That are of the same type; from the storage medium. On or before connected to the recording system, must (2) On which the flight recorder August 18, 2001, airplanes brought onto be recorded within the ranges, system and its installation are the same; the U.S. register after October 11, 1991, accuracies, resolutions, and sampling and must comply with either the intervals specified in Appendix M of (3) On which there is no difference in requirements in this section or the this part. the type design with respect to the applicable paragraphs in § 135.152 of (f) For all turbine-engine-powered installation of those sensors associated this chapter. In addition, by August 18, transport category airplanes that are with the flight data recorder system. 2001. Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38381

(1) The parameters listed in 1999. A heavy maintenance check is recorded by the flight data recorder and §§ 121.344(a)(1) through 121.344(a)(11) considered to be any time an airplane is the corresponding values being of this part must be recorded with the scheduled to be out of service for 4 more measured. The correlation must contain ranges, accuracies, and resolutions days and is scheduled to include access a sufficient number of correlation points specified in Appendix B of part 135 of to major structural components. to accurately establish the conversion this chapter, except that— (b) For a turbine-engine-powered from the recorded values to engineering (i) Either the parameter listed in airplanes having a passenger seating units or discrete state over the full § 121.344 (a)(12) or (a)(15) of this part configuration, excluding any required operating range of the parameter. A must be recorded; either the parameters crewmember seat, of 10 to 19 seats, that single correlation may be established for listed in § 121.344(a)(13) or (a)(16) of are manufactured after August 18, 2000. any group of airplanes— this part must be recorded; and either (1) The parameters listed in (1) That are of the same type; the parameter listed in § 121.344(a)(14) §§ 121.344(a)(1) through 121.344(a)(57) or (a)(17) of this part must be recorded. of this part, must be recorded within the (2) On which the flight recorder (ii) For airplanes with more than two ranges, accuracies, resolutions, and system and its installation are the same; engines, the parameter described in recording intervals specified in and § 121.344(a)(18) of this part must also be Appendix M of this part. (3) On which there is no difference in recorded if sufficient capacity is (2) Commensurate with the capacity the type design with respect to the available on the existing recorder to of the recording system, all additional installation of those sensors associated record that parameter; parameters listed in § 121.344(a) of this with the flight data recorder system. (iii) Parameters listed in part for which information sources are Correlation documentation must be §§ 121.344(a)(12) through 121.344(a)(17) installed and which are connected to maintained by the certificate holder. of this part each may be recorded from the recording system, must be recorded (e) All airplanes subject to this section a single source; within the ranges, accuracies, are also subject to the requirements and (iv) Any parameter for which no value resolutions, and sampling intervals exceptions stated in §§ 121.344(g) is contained in Appendix B of part 135 specified in Appendix M of this part by through 121.344(k) of this part. of this chapter must be recorded within August 18, 2001. the ranges, accuracies, and resolutions (c) For all turbine-engine-powered (f) For airplanes that were specified in Appendix M of this part. airplanes having a passenger seating manufactured before July 17, 1997, the (2) Commensurate with the capacity configuration, excluding any required following airplane types need not of the recording system (FDAU or crewmember seats, of 10 to 19 seats, that comply with this section, but must equivalent and the DFDR), the are manufactured after August 19, 2002, continue to comply with applicable parameters listed in §§ 121.344(a)(19) the parameters listed in § 121.344(a)(1) paragraphs of § 135.152 of this chapter, through 121.344(a)(22) of this part also through (a)(88) of this part must be as appropriate: Beech Aircraft–99 must be recorded within the ranges, recorded within the ranges, accuracies, Series, Beech Aircraft 1300, Beech accuracies, resolutions, and recording resolutions, and recording intervals Aircraft 1900C, Construcciones intervals specified in Appendix B of specified in Appendix M of this part. Aeronauticas, S.A. (CASA) C–212, part 135 of this chapter. (d) Each flight data recorder system deHavilland DHC–6, Dornier 228, HS– (3) The approved flight recorder required by this section must be 748, Embraer EMB 110, Jetstream 3101, required by this section must be installed in accordance with the Jetstream 3201, Fairchild Aircraft installed as soon as practicable, but no requirements of § 23.1459 (a), (b), (d), SA–226. later than the next heavy maintenance and (e) of this chapter. A correlation 4. Appendix M to part 121 is added check or equivalent after August 18, must be established between the values to read as follows: 38382 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations Remarks ments each 4 seconds of system operation. acceptable for all transmission provided the CVR/FDR system complies with TSO C124a CVR synchronization requirements (paragraph 4.2.1 ED±55). puter when practicable. as the primary heading reference, a discrete in- dicating selection must be recorded. NP) as appropriate to the particular engine be recorded to determine power in forward and re- verse thrust, including potential overspeed con- ditions. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable. puter when practicable. UTC time preferred when available. County incre- A sampling rate of 0.25 is recommended. Preferably each crew member but one discrete Data should be obtained from the air data com- When true or magnetic heading can be selected A sampling rate of 0.5 is recommended. Sufficient parameters (e.g. EPR, N1 or Torque, For airplanes that have a flight control break For airplanes that have a flight control break Data should be obtained from the air data com- ...... ′ Resolution ...... ° ° ° to 35 ′ 1 sec 0.5 0.004g 0.5 0.004g 0.5 0.2% of full range 0.2% of full range 0.2% of full range 0.2% of full range 0.2% of full range 1 kt ...... interval ...... 121.344(f) 121.344(f) 121.344(f) 121.344(f) 121.344(f) 121.344(f) operated under § erated under § operated under § operated under § operated under § operated under § Seconds per sampling 1 or 0.25 for airplanes 0.125 1 or 0.5 for airplanes op- 1 (per engine) 0.25 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 1 ...... 5 . .... 4 ...... 1 ...... 3% 700 ft ¥ ¥ ...... 5% ...... 1 ...... Unless Higher Unless Higher Unless Higher ¥ 5% ° ° ° ° ° ° 0.125% Per Hour 2 100 to +/ 2 1% of max range 2 2% 1.5% max. range ex- ¥ 2% Unless Higher 2 2 2 5% and +/ Appendix M to Part 121—Airplane Flight Recorder Specification (see table, TSO C124a or TSO C51a) excluding datum error of +/ cluding datum error of +/ Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ Accuracy (sensor input) ...... 1 ...... +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... 1 ...... and ...... so . . D ...... Range ° and Discrete ...... to 1.2 V ° ° so 7 180 1g V 3g to +6g 1000 ft to max certifi- cated altitude of air- craft. +5000 ft value to Max V ``true'' or ``mag'' ¥ ¥ ¥ 24 Hrs, 0 to 4095 ¥ +/ +/ On-Off (Discrete) None Full Range Forward Discrete ``on'' or ``off'' +/ Full Range Full Range Full Range ¥ 50 KIAS or minimum 0±360 Full Range ...... The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters . . Counts Calibrated airspeed crew reference) (Vertical) ter Keying or CVR/DFDR synchronization ref- erence EngineÐprimary flight crew reference tion tion (non-fly-by-wire sys- tems tion (fly-by-wire systems) tion(s) (non-fly-by-wire) tion(s) (fly-by-wire) 1. Time or Relative Times 2. Pressure Altitude 3. Indicated airspeed or 4. Heading (Primary flight 5. Normal Acceleration 6. Pitch Attitude 7. Roll Attitude 8. Manual Radio Transmit- 9. Thrust/Power on Each 10. Autopilot Engagement 11. Longitudinal Accelera- 12a. Pitch Control(s) posi- 12b. Pitch Control(s) posi- 13a. Lateral Control posi- 13b. Lateral Control posi- Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38383 determined. gaged and which primary modes are controlling the flight path and speed of aircraft. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5. a suitable combination of inputs is acceptable in lieu or recording each surface separately. The control surfaces may be sampled alter- nately to produce the sampling interval of 0.5 or 0.25. sors is acceptable in lieu of recording each sur- face separately. The control surfaces may be sampled alternately to produce the sampling in- terval of 0.5 or 0.25. suitable combination of surface position sen- sors is acceptable in lieu of recording each sur- face separately. The control surfaces may be sampled alternately to produce the sampling in- terval of 0.5. sampled alternately at 4 second intervals, to give a data point every 2 seconds. control may each be sampled at 4 second inter- vals, so as to give a data point every 2 sec- onds. altimeter should be recorded, but arranged so that at least one is recorded each second. Turbo-jetÐ2 discretes enable the 3 states to be Turbo-propÐdiscrete. Discretes should show which systems are en- For airplanes that have a flight control break For airplanes fitted with multiple or split surfaces, A suitable combination of surface position sen- For airplanes with multiple or split surfaces, a Flap position and cockpit control may each be Left and right sides, or flap position cockpit For autoland/category 3 operations. Each radio ...... C ° 0.2% of full range 0.2% of full range 0.2% of full range 0.004g 0.2% of full range 0.2% of full range 0.3% of full range 0.5% of full range 0.5% of full range 0.2% of full range 0.3 1 ft + 5% above 500 ...... 121.344(f) 121.344(f) 121.344(f) operated under § operated under § erated under § 0.5 0.5 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 0.25 1 ...... 2 ...... 1 (per engine) 1 or 0.5 for airplanes op- 1 ...... 2 ...... 3% ¥ ...... Unless Higher Unless Higher Unless Higher Unless Higher Unless Higher or as Pilot's indi- or as Pilot's indi- Unless Higher 5% C ...... 2 ...... ° ° ° ° ° ° ° ° ° 5% Above 500 ft 2 2 2 2 2 1.5% max. range ex- ¥ 3% Unless Higher 3 3 2 2 2 ft or +/ Whichever is Greater Below 500 ft and +/ ¥ Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required cluding datum error of +/ Accuracy Uniquely Required cator cator and sufficient to determine each dis- crete position Accuracy Uniquely Required ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ...... 1 ...... +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... C ...... ° ...... C to +90 ° lg sition (discrete) crete Position Reverse (Discrete) sition (discrete) 50 of discretes 20 ft to 2,500 ¥ Full Range Full Range Full Range Full Range Full Range Full Range Full Range or Each Po- Full Range or Each Dis- Stowed, In Transit, and Full Range or Each Po- ¥ A suitable combination +/ ¥ ...... tion(s) (non-fly-by-wire) tion(s) (fly-by-wire) face(s) Position face(s) Position Position sition Cockpit Control Selection Cockpit Control Selection Position (or equivalent for propeller airplane) tion or Speed Brake Se- lection ture or Total Air Tem- perature AFCS Mode and En- gagement Status 14a. Yaw Control posi- 14b. Yaw Control posi- 15. Pitch Control Sur- 16. Lateral Control Sur- 17. Yaw Control Surface(s) 18. Lateral Acceleration 19. Pitch Trim Surface Po- 20. Trailing Edge Flap or 21. Leading Edge Flap or 22. Each Thrust Reverser 23. Ground Spoiler Posi- 24. Outside Air Tempera- 25. Autopilot/Autothrottle/ 26. Radio Altitude 38384 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations . ° Remarks warning that cannot be determined from other parameters or from the cockpit voice recorder. corder capacity is limited in which case a single discrete for all modes is acceptable. activation. engine controls. should be recorded but arranged so that at least one is recorded each second. It not necessary to record ILS and MLS at the same time, only the approach aid in use need be re- corded. should be recorded by arranged so that at least one is recorded each second. It not nec- essary to record ILS and MLS at the same time, only the approach aid in use need be re- corded. be recorded at 4 or 1 second intervals, as ap- propriate, so as to give a data point at 2 sec- onds or 0.5 second, as required. corded. erence. Where capacity permits Latitude/lon- gitude resolution should be 0.0002 indicated vibration level, N2, EGT, Fuel Flow, Fuel Cut-off lever position and N3, unless en- gine manufacturer recommends otherwise. Record the master warning and record each ``red'' A suitable combination of discretes unless re- A suitable combination of discretes to determine For airplanes with non-mechanically linked cockpit For autoland/category 3 operations. Each system For autoland/category 3 operations. Each system A single discrete is acceptable for all markers. If left and right sensors are available, each may A suitable combination of discretes should be re- Provided by the Primary Navigation System Ref- Where capacity permits, the preferred priority is ...... ° —Continued Resolution , or as installed ° . ° 2% of full range 0.3% of full range 0.3% of full range 0.3% of full range 0.5% of full range 0.2% of full range 0.1 1 knot, and 1.0 0.002 2% of full range ...... interval . 121.344(f) erated under § ond Seconds per sampling 1 (0.25 recommended) 2 or 0.5 for airplanes op- 1 for each lever Each engine each sec- 1 ...... 1 ...... 1 ...... 3% . 3% rec- ¥ ¥ ...... 4...... 4 ...... 4 ...... 2 ...... 5% 2% recommended Installed ommended ¥ ¥ Accuracy (sensor input) ...... 1 ...... 1 ...... 1. As installed +/3 As installed +/ Most Accurate Systems As installed As installed As installed +/ As installed As installed +/ Appendix M to Part 121—Airplane Flight Recorder Specification ...... 1 ...... ° Range ...... 1 ...... 4 ...... ° 400 Microamps or 400 Microamps or 62 ``ground'' sensor range, ``low'' or ``normal'' ``off'' available sensor range as installed available sensor range as installed ``off'' ¥ ¥ ¥ Discrete ``on'' or ``off'' Discrete Discrete ``air'' or As installed Discrete or available Discrete ``warning'' or As installed As installed Discrete(s) ``on'' or ``off'' Full Range As installed +/ +/ 0.9 to +30 As Installed Discrete As installed Discrete ``warning'' or +/ ...... The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters . . . MLS Azimuth, or GPS Latitude Deviation MLS Elevation, or GPS Vertical Deviation sage mary airplane system reference nose or main gear) measured directly) Low, Each System ity warning system) or Landing gear cockpit control selection tion er activation position rameters 27. Localizer Deviation, 28. Glideslope Deviation, 29. Marker Beacon Pas- 30. Master Warning 31. Air/ground sensor (pri- 32. Angle of Attack (If 33. Hydraulic Pressure 34. Groundspeed 35. GPWS (ground proxim- 36. Landing Gear Position 37. Drift Angle 38. Wind Speed and Direc- 39. Latitude and Longitude 40. Stick shaker and push- 41. Windshear Detection 42. Throttle/power lever 43. Additional Engine Pa- Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38385 (e.g., off, normal, fail, composite, sector, plan, nav aids, weather radar, range, copy. corded to determine the status ofÐCombined Control, Vertical Up Advisory, and Down Advisory. (ref. ARINC Characteristic 735 Attachment 6E, TCAS VERTICAL RA DATA OUTPUT WORD.) (e.g., off, normal, fail, and the identity of display pages for emergency procedures, need not be recorded. the Primary Navigation System reference. autobrakes. 1 mile Discretes should show the display system status To determine braking applied by pilots. A suitable combination of discretes should be re- Sufficient to determine selected frequency Discretes should show the display system status A suitable combination of discretes to determine To determine braking effort applied by pilots or ...... ° ° ° 1 NM 0.2% of full range 100 ft 1 knot .01 100 ft/min 1 ft 2% of full range 2% of full range 1% of full range 0.3% of full range 0.3% of full range 0.5 ...... (1 per 64 sec.) 64 (1 per 64 sec.) 2 ...... 2 ...... 1 ...... 4 ...... 4 ...... 1 ...... 1 ...... 1 ...... 2 ...... 1...... 1...... 1...... 1 ...... 1...... 1 ...... 4...... 1 ...... 1 ...... 5% (Analog) 5% 5% 5% 5% 5% 5% 5% 5% 2% 2% 5% 3% Unless Higher 3% Unless Higher 5% 5% Accuracy Uniquely Required Accuracy Uniquely Required ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ...... 4 ...... 4 ...... 4 ...... As installed +/ As installed As installed +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... 4 ...... 4 ...... 1 ...... 1 ...... 1 ...... 1 . ice'' plied'' or ``off'' ``closed'' VOR/DME, MLS, Loran C, Omega, Lo- calizer Glideslope Discretes 0±200 NM Full Range Full Range Full Range Full Range Full Range Full Range Discrete(s) Full Range Full Range Full Range Discrete ``ice'' or ``no Discrete Discrete Discrete Full Range Full Range As installed Discrete or Analog ``ap- Full Range Discrete ``open'' or Full Range Full Range Full Range Discrete(s) Discrete GPS, INS, Discrete ...... sion Avoidance System (TCAS) Frequency setting height Alerts Display format trim tank System Reference engine vibration engine over temp engine oil pressure low engine over speed sition tion and right) tion (left and right) sition 44. Traffic Alert and Colli- 45. DME 1 and 2 Distance 46. Nav 1 and 2 Selected 47. Selected barometric 48. Selected Altitude 49. Selected speed 50. Selected Mach 51. Selected vertical speed 52. Selected heading 53. Selected flight path 54. Selected decision 55. EFIS display format 56. Multi-function/Engine 57. Thrust command 58. Thrust target 59. Fuel quantity in CG 60. Primary Navigation 61. Ice Detection 62. Engine warning each 63. Engine warning each 64. Engine warning each 65. Engine warning each 66. Yaw Trim Surface Po- 67. Roll Trim Surface Posi- 68. Brake Pressure (left 69. Brake Pedal Applica- 70. Yaw or sideslip angle 71. Engine bleed valve po- 38386 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations Remarks not available, cockpit display trim positions should be recorded. not available, cockpit display trim positions should be recorded. not available, cockpit display trim positions should be recorded. tion may each be sampled alternately at 4 sec- ond intervals to provide a sample each 0.5 sec- ond. control surface position is a function of the dis- placement of the control input device only, it is not necessary to record this parameter. For air- planes that have a flight control break away ca- pability that allows either pilot to operate the control independently, record both force inputs. The control force inputs may be sam- pled alternately once per 2 seconds to produce the sampling interval of 1. Each bus. Each bus. Where mechanical means for control inputs are Where mechanical means for control inputs are Where mechanical means for control inputs are Trailing edge flaps and cockpit flap control posi- For fly-by-wire flight control systems, where ...... —Continued Resolution 0.2% of full range 0.2% of full range 1% of full range 100 psi 0.2% of full range 0.2% of full range 0.2% of full range 0.5% of full range 0.5% of full range ...... interval ...... Seconds per sampling (1 per 64 sec.) 0.5 ...... 1 ...... 1 ...... 1 ...... 1 ...... 2 ...... 1 ...... 2 ...... 5% 5% 5% 5% 5% 5% 5% 5% 5% ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ Accuracy (sensor input) ...... 4...... 4 ...... 4 ...... 1 ...... 4 ...... 4 ...... +/ +/ +/ +/ +/ +/ +/ +/ +/ Appendix M to Part 121—Airplane Flight Recorder Specification ...... 4 70 165 ¥ ¥ ...... Range . . 85 lbs ``closed'' mal'' Control wheel +/ lbs ¥ Rudder pedal +/ lbs mal'' Control Column +/ Discrete ``on'' or ``off'' Full Range Discrete ``power'' or ``off'' Discrete ``power'' or ``off'' Discrete ``open'' or Full range Discrete ``loss'' or ``nor- Discrete(s) ``on'' or ``off'' Discrete(s) ``on'' or ``off'' Full Range Full Range or Discrete Full Range or Discrete Full Range Discrete ``fail'' or ``nor- Full Range Full Range Full Range . . . . . The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters . . . . . system selection gravity tus tion (each system) cal flight and engine con- trol systems) (when an information source is installed) (when an information source is installed) input positionÐpitch input positionÐroll input positionÐyaw cockpit flap control posi- tion cockpit flap control posi- tion and speed brake selec- tion input forces (control wheel, control column, rudder pedal) 72. De-icing or anti-icing 73. Computed center of 74. AC electrical bus status 75. DC electrical bus sta- 76 APU bleed valve posi- 77. Hydraulic Pressure 78. Loss of cabin pressure 79. Computer failure (criti- 80. Heads-up display 81. Para-visual display 82. Cockpit trim control 83. Cockpit trim control 84. Cockpit trim control 85. Trailing edge flap and 86. Leading edge flap and 87. Ground spoiler position 88. All cockpit flight control Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38387

PART 125±CERTIFICATION AND (22) Each Thrust reverser position (or (58) Thrust target (when an OPERATIONS: AIRPLANES HAVING A equivalent for propeller airplane); information source is installed); SEATING CAPACITY OF 20 OR MORE (23) Ground spoiler position or speed (59) Fuel quantity in CG trim tank PASSENGERS OR A MAXIMUM brake selection (except when parameters (when an information source is PAYLOAD CAPACITY OF 6,000 of paragraph (a)(87) of this section installed); POUNDS OR MORE apply); (60) Primary Navigation System (24) Outside or total air temperature; Reference; 5. The authority citation for part 125 (25) Automatic Flight Control System (61) Icing (when an information continues to read as follows: (AFCS) modes and engagement status, source is installed); Authority: 49 U.S.C. 106(g), 40113, 44701– including autothrottle; (62) Engine warning each engine 44702, 44705, 44710–44711, 44713, 44716– (26) Radio altitude (when an vibration (when an information source 44717, 44722. information source is installed); is installed); 6. Section 125.226 is added to read as (27) Localizer deviation, MLS (63) Engine warning each engine over follows: Azimuth; temp. (when an information source is (28) Glideslope deviation, MLS installed); § 125.226 Digital flight data recorders. Elevation; (64) Engine warning each engine oil (a) Except as provided in paragraph (29) Marker beacon passage; pressure low (when an information (1) of this section, no person may (30) Master warning; source is installed); operate under this part a turbine-engine- (31) Air/ground sensor (primary (65) Engine warning each engine over powered transport category airplane airplane system reference nose or main speed (when an information source is unless it is equipped with one or more gear); installed); approved flight recorders that use a (32) Angle of attack (when (66) Yaw trim surface position; digital method of recording and storing information source is installed); (67) Roll trim surface position; data and a method of readily retrieving (33) Hydraulic pressure low (each (68) Brake pressure (selected system); that data from the storage medium. The system); (69) Brake pedal application (left and operational parameters required to be (34) Ground speed (when an right); recorded by digital flight data recorders information source is installed); (70) Yaw of sideslip angle (when an required by this section are as follows: (35) Ground proximity warning information source is installed); the phrase ‘‘when an information source system; (71) Engine bleed valve position is installed’’ following a parameter (36) Landing gear position or landing (when an information source is indicates that recording of that gear cockpit control selection; installed); parameter is not intended to require a (37) Drift angle (when an information (72) De-icing and anti-icing system change in installed equipment: source is installed); selection (when an information source (1) Time; (36) Wind speed and direction (when is installed); (2) Pressure altitude; an information source is installed); (73) Computed center of gravity (3) Indicated airspeed; (39) Latitude and longitude (when an (when an information source is (4) Heading—primary flight crew information source is installed); installed); reference (if selectable, record discrete, (40) Stick shaker/pusher (when an (74) AC electrical bus status; true or magnetic); information source is installed); (75) DC electrical bus status; (5) Normal acceleration (Vertical); (41) Windshear (when an information (76) APU bleed valve position (when (6) Pitch attitude; source is installed); an information source is installed); (7) Roll attitude; (42) Throttle/power lever position; (77) Hydraulic pressure (each system); (8) Manual radio transmitter keying, (43) Additional engine parameters (as (78) Loss of cabin pressure; or CVR/DFDR synchronization designed in appendix E of this part); (79) Computer failure; reference; (44) Traffic alert and collision (80) Heads-up display (when an (9) Thrust/power of each engine— avoidance system; information source is installed); primary flight crew reference; (45) DME 1 and 2 distances; (81) Para-visual display (when an (10) Autopilot engagement status; (46) Nav 1 and 2 selected frequency; information source is installed); (11) Longitudinal acceleration; (82) Cockpit trim control input (12) Pitch control input; (47) Selected barometric setting (when (13) Lateral control input; an information source is installed); position-pitch; (14) Rudder pedal input; (48) Selected altitude (when an (83) Cockpit trim control input (15) Primary pitch control surface information source is installed); position—roll; position; (49) Selected speed (when an (84) Cockpit trim control input (16) Primary lateral control surface information source is installed); position—yaw; position; (50) Selected mach (when an (85) Trailing edge flap and cockpit (17) Primary yaw control surface information source is installed); flap control position; position; (51) Selected vertical speed (when an (86) Leading edge flap and cockpit (18) Lateral acceleration; information source is installed); flap control position; (19) Pitch trim surface position or (52) Selected heading (when an (87) Ground spoiler position and parameters of paragraph (a)(82) of this information source is installed); speed brake selection; and section if currently recorded; (53) Selected flight path (when an (88) All cockpit flight control input (20) Trailing edge flap or cockpit flap information source is installed); forces (control wheel, control column, control selection (except when (54) Selected decision height (when rudder pedal). parameters of paragraph (a)(85) of this an information source is installed); (b) For all turbine-engine powered section apply); (55) EFIS display format; transport category airplanes (21) Leading edge flap or cockpit flap (56) Multi-function/engine/alerts manufactured on or before October 11, control selection (except when display format; 1991, by August 18, 2001— parameters of paragraph (a)(86) of this (57) Thrust command (when an (1) For airplanes not equipped as of section apply); information source is installed); July 16, 1996, with a flight data 38388 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations acquisition unit (FDAU), the parameters (d) For all turbine-engine-powered paragraph (i) of this section, no record listed in paragraphs (a)(1) through transport category airplanes that were need to be kept more than 60 days. (a)(18) of this section must be recorded manufactured after October 11, 1991— (i) In the event of an accident or within the ranges and accuracies (1) The parameters listed in occurrence that requires immediate specified in Appendix D of this part, paragraphs (a)(1) through (a)(34) of this notification of the National and— section must be recorded within the Transportation Safety Board under 49 (i) For airplanes with more than two ranges, accuracies, resolutions, and CFR 830 of its regulations and that engines, the parameter described in recording intervals specified in results in termination of the flight, the paragraph (a)(18) is not required unless Appendix E of this part by August 18, certificate holder shall remove the sufficient capacity is available on the 2001. Paramaters listed in paragraphs recorder from the airplane and keep the existing recorder to record that (a)(12) through (a)(14) each may be recorder data prescribed by this section, parameter. recorded from a single source. as appropriate, for at least 60 days or for (ii) Parameters listed in paragraphs (2) Commensurate with the capacity a longer period upon the request of the (a)(12) through (a)(17) each may be of the recording system, all additional Board or the Administrator. recorded from a single source. parameters for which information (j) Each flight data recorder system (2) For airplanes that were equipped sources are installed and which are required by this section must be as of July 16, 1996, with a flight data connected to the recording system, must installed in accordance with the acquisition unit (FDAU), the parameters be recorded within the ranges, requirements of § 25.1459 (a), (b), (d), listed in paragraphs (a)(1) through accuracies, resolutions, and sampling and (e) of this chapter. A correlation (a)(22) of this section must be recorded intervals specified in Appendix E of this must be established between the values within the ranges, accuracies, and part by August 18, 2001. recorded by the flight data recorder and recording intervals specified in (e) For all turbine-engine-powered the corresponding values being Appendix E of this part. Parameters transport category airplanes that are measured. The correlation must contain listed in paragraphs (a)(12) through manufactured after August 18, 2000— a sufficient number of correlation points (a)(17) each may be recorded from a (1) The parameters listed in paragraph to accurately establish the conversion single source. (a) (1) through (57) of this section must from the recorded values to engineering (3) The approved flight recorder be recorded within the ranges, units or discrete state over the full required by this section must be accuracies, resolutions, and recording operating range of the parameter. Except installed at the earliest time practicable, intervals specified in Appendix E of this for airplanes having separate altitude but no later than the next heavy part. and airspeed sensors that are an integral maintenance check after August 18, (2) Commensurate with the capacity part of the flight data recorder system, 1999 and no later than August 18, 2001. of the recording system, all additional a single correlation may be established A heavy maintenance check is parameters for which information for any group of airplanes— considered to be any time an airplane is sources are installed and which are (1) That are of the same type; scheduled to be out of service for 4 or connected to the recording system, must (2) On which the flight recorder more days and is scheduled to include be recorded within the ranges, system and its installation are the same; access to major structural components. accuracies, resolutions, and sampling and (c) For all turbine-engine-powered intervals specified in Appendix E of this (3) On which there is no difference in transport category airplanes part. the type design with respect to the manufactured on or before October 11, (f) For all turbine-engine-powered installation of those sensors associated 1991— transport category airplanes that are with the flight data recorder system. (1) That were equipped as of July 16, manufactured after August 19, 2002 Documentation sufficient to convert 1996, with one or more digital data parameters listed in paragraph (a)(1) recorded data into the engineering units bus(es) and an ARINC 717 digital flight through (a)(88) of this section must be and discrete values specified in the data acquisition unit (DFDAU) or recorded within the ranges, accuracies, applicable appendix must be equivalent, the parameters specified in resolutions, and recording intervals maintained by the certificate holder. paragraphs (a)(1) through (a)(22) of this specified in Appendix E of this part. (k) Each flight data recorder required section must be recorded within the (g) Whenever a flight data recorder by this section must have an approved ranges, accuracies, resolutions, and required by this section is installed, it device to assist in locating that recorder sampling intervals specified in must be operated continuously from the under water. Appendix E of this part by August 18, instant the airplane begins its takeoff (l) The following airplanes that were 2001. Parameters listed in paragraphs roll until it has completed its landing manufactured before August 18, 1997 (a)(12) through (a)(14) each may be roll. need not comply with this section, but recorded from a single source. (h) Except as provided in paragraph must continue to comply with (2) Commensurate with the capacity (i) of this section, and except for applicable paragraphs of § 125.225 of of the recording system (DFDAU or recorded data erased as authorized in this chapter, as appropriate: equivalent and the DFDR), all additional this paragraph, each certificate holder (1) Airplanes that meet the Stage 2 parameters for which information shall keep the recorded data prescribed noise levels of part 36 of this chapter sources are installed and which are by this section, as appropriate, until the and are subject to § 91.801(c) of this connected to the recording system must airplane has been operated for at least chapter, until January 1, 2000. On and be recorded within the ranges, 25 hours of the operating time specified after January 1, 2000, any Stage 2 accuracies, resolutions, and sampling in § 121.359(a) of this part. A total of 1 airplane otherwise allowed to be intervals specified in Appendix E of this hour of recorded data may be erased for operated under Part 91 of this chapter part by August 18, 2001. the purpose of testing the flight recorder must comply with the applicable flight (3) That were subject to § 125.225(e) or the flight recorder system. Any data recorder requirements of this of this part, all conditions of erasure made in accordance with this section for that airplane. § 125.225(c) must continue to be met paragraph must be of the oldest (2) General Dynamics Convair 580, until compliance with paragraph (c)(1) recorded data accumulated at the time General Dynamics Convair 600, General of this section is accomplished. of testing. Except as provided in Dynamics Convair 640, deHavilland Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38389

Aircraft Company Ltd. DHC–7, Fairchild Industries FH 227, Fokker F–27 (except Mark 50), F–28 Mark 1000 and Mark 4000, Gulfstream Aerospace G–159, Lockheed Aircraft Corporation Electra 10–A, Lockheed Aircraft Corporation Electra 10–B, Lockheed Aircraft Corporation Electra 10–E, Lockheed Aircraft Corporation L–188, Maryland Air Industries, Inc. F27, Mitsubishi Heavy Industries, Ltd. YS–11, Short Bros. Limited SD3–30, Short Bros, Limited SD3–60. 7. Appendix E to part 125 is added to read as follows: 38390 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations Remarks crements each 4 seconds of system operation. puter when practicable. as the primary heading reference, a discrete in- dicating selection must be recorded. acceptable for all transmission provided the CVR/FDR system complies with TSO C124a CVR synchronization requirements (paragraph 4.2.1 ED±55). NP) as appropriate to the particular engine be recorded to determine power in forward and re- verse thrust, including potential overspeed con- ditions. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable. puter when practicable. UTC time preferred when available. Counter in- Data should be obtained from the air data com- When true or magnetic heading can be selected A sampling rate of 0.25 is recommended. A sampling rate of 0.5 is recommended. Preferably each crew member but one discrete Sufficient parameters (e.g. EPR, N1 or Torque, For airplanes that have a flight control break For airplanes that have a flight control break Data should be obtained from the air data com- ...... ′ Resolution ...... ° ° ° to 35 ′ 1 sec 0.004g. 0.5 0.004g. 0.5 0.5 0.2% of full range 0.2% of full range 0.2% of full range 0.2% of full range 0.2% of full range. 1 kt ...... interval ...... 125.226(f) 125.226(f) 125.226(f) 125.226(f) 125.226(f) 125.226(f) operated under § erated under § operated under § operated under § operated under § operated under § Seconds per sampling 0.125. 1 or 0.25 for airplanes 1 or 0.5 for airplanes op- 1 (per engine) 1. 0.25 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 1 ...... 5 . .... 4 ...... 1 ...... 3% 700 ft ¥ ¥ ...... 5% ...... 1 ...... Unless Higher Unless Higher Unless Higher Unless Higher ¥ 5% ° ° ° ° ° ° ° 0.125% Per Hour 100 to +/ 2 1% of max range 2 2 2% 1.5% max. range ex- ¥ 2 2 2 2 5% and +/ Appendix E to Part 125—Airplane Flight Recorder Specification (see table, TSO C124a or TSO C51a) excluding datum error of +/ cluding datum error of +/ Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ Accuracy (sensor input) ...... 1 ...... +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... , and . so . . D ...... Range ...... ° and Discrete ...... ° ° to 1.2 V 75 180 1g so V 3g to +6g 1000 ft to max certifi- cated altitude of air- craft. +5000 ft value to Max V ``true'' or ``mag'' ¥ ¥ ¥ 24 Hrs, 0 to 4095 ¥ +/ +/ Full Range Forward Discrete ``on'' or ``off'' +/ Full Range Full Range Full Range ¥ 50 KIAS or minimum 0±360 On-Off (Discrete) None. Full Range ...... The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters . . Counts Calibrated airspeed crew reference) (Vertical) ter Keying or CVR/DFDR synchronization EngineÐprimary flight crew reference tion tion (non-fly-by-wire sys- tems tion (fly-by-wire systems) tion(s) (non-fly-by-wire) tion(s) (fly-by-wire) 1. Time or Relative 2. Pressure Altitude 3. Indicated airspeed or 4, Heading (Primary flight 5. Normal Acceleration 6. Pitch Attitude 7. Roll Attitude 8. Manual Radio Transmit- reference 9. Thrust/Power on Each 10. Autopilot Engagement 11. Longitudinal Accelera- 12a. Pitch Control(s) posi- 12b. Pitch Control(s) posi- 13a. Lateral Control posi- 13b. Lateral Control posi- Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38391 gaged and which primary modes are controlling the flight path and speed of aircraft. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5. a suitable combination of inputs is acceptable in lieu of recording each surface separately. The control surfaces may be sampled alter- nately to produce the sampling interval of 0.5 or 0.25. sors is acceptable in lieu of recoding each sur- face separately. The control surfaces may be sampled alternately to produce the sampling in- terval of 0.5 or 0.25. suitable combination of surface position sen- sors is acceptable in lieu of recording each sur- face separately. The control surfaces may be sampled alternately to produce the sampling in- terval of 0.5. sampled alternately at 4 second intervals, to give a data point every 2 seconds. control may each be sampled at 4 second inter- vals, so as to give a data point every 2 sec- onds. determined. timeter should be recorded, but arranged so that at least one is recorded each second. Discretes should show which systems are en- For airplanes that have a flight control break For airplanes fitted with multiple or split surfaces, A suitable combination of surface position sen- For airplanes with multiple or split surfaces, a Flap position and cockpit control may each be Left and right sides, or flap position cockpit Turbo-jetÐ2 discretes enable the 3 states to be Turbo-propÐ1 discrete. For autoland/category 3 operations, each radio al- ...... C. ° 0.3 0.2% of full range 0.2% of full range. 0.2% of full range 0.2% of full range 0.2% of full range 0.004g. 0.3% of full range. 0.5% of full range 0.5% of full range 0.2% of full range. 1 ft +5% above 500 ...... 125.226(f) 125.226(f) 125.226(f) operated under § operated under § erated under § 0.5 0.5 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 0.25 1 ...... 2 ...... 1 (per engine). 1 or 0.5 for airplanes op- 1 ...... 2 ...... 3% ¥ ...... C ...... 2 ...... Unless Higher Unless Higher Unless Higher Unless Higher Unless Higher or as Pilot's indi- or as Pilot's indi- Unless Higher 5% ° ° ° ° ° ° ° ° ° 5% Above 500 ft. 2 2 2 2 2 2 1.5% max. range ex- ¥ 3% Unless Higher 3 3 2 2 ft or +/ Whichever is Greater Below 500 ft and +/ ¥ Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required cluding datum error of +/ Accuracy Uniquely Required cator cator and sufficient to determine each dis- crete position. Accuracy Uniquely Required ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ...... 1 ...... +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... C ...... ° . 90 ...... ¥ ...... C to ° 1g sition (discrete) crete Position Reverse (Discrete) sition (discrete) 50 of discretes 20 ft to 2,500 ¥ Full Range Full Range Full Range Full Range Full Range Full Range Full Range or Each Po- Full Range or Each Dis- Stowed, In Transit, and Full Range or Each Po- ¥ A suitable combination +/ ¥ ...... tion(s) (non-fly-by-wire) tion(s) (fly-by-wire) face(s) Position face(s) Position Position sition Cockpit Control Selection Cockpit Control Selection Position (or equivalent for propeller airplane) tion or Speed Brake Se- lection ture or Total Air Tem- perature AFCS Mode and En- gagement Status 14a. Yaw Control posi- 14b. Yaw Control posi- 15. Pitch Control Sur- 16. Lateral Control Sur- 17. Yaw Control Surface(s) 18. Lateral Acceleration 19. Pitch Trim Surface Po- 20. Trailing Edge Flap or 21. Leading Edge Flap or 22. Each Thrust Reverser 23. Ground Spoiler Posi- 24. Outside Air Tempera- 25. Autopilot/Autothrottle/ 26. Radio Altitude 38392 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations . ° Remarks warning that cannot be determined from other parameters or from the cockpit voice recorder. corder capacity is limited in which case a single discrete for all modes is acceptable. activation. engine controls. should be recorded but arranged so that at least one is recorded each second. It not necessary to record ILS and MLS at the same time, only the approach aid in use need be re- corded. should be recorded but arranged so that at least one is recorded each second. It not necessary to record ILS and MLS at the same time, only the approach aid in use need be re- corded. be recorded at 4 or 1 second intervals, as ap- propriate, so as to give a data point at 2 sec- onds or 0.5 second, as required. corded. erence. Where capacity permits Latitude/ longtitude resolution should be 0.0002 indicated vibration level, N2, EGT, Fuel Flow, Fuel Cut-off lever position and N3, unless en- gine manufacturer recommends otherwise. Record the master warning and record each `red' A suitable combination of discretes unless re- A suitable combination of discretes to determine For airplanes with non-mechanically linked cockpit For autoland/category 3 operations. each system For autoland/category 3 operations. each system A single discrete is acceptable for all markers. If left and right sensors are available, each may A suitable combination of discretes should be re- Provided by the Primary Navigation System Ref- Where capacity permits, the preferred priority is ...... ° —Continued Resolution , or as installed ° . ° 2% of full range 0.3% of full range 0.3% of full range 0.3% of full range 0.5% of full range. 0.2% of full range. 0.1 1 knot, and 1.0 0.002 2% of full range ...... interval . 125.226(f) erated under § ond Seconds per sampling 1 ...... 1 (0.25 recommended). 2 or 0.5 for airplanes op- 1 for each lever Each engine each sec- 1 ...... 1 ...... 3% rec- 3% ...... ¥ ¥ ...... 4...... 4 ...... 4 ...... 2 ...... 5% 2% ommended. Installed ¥ ¥ Accuracy (sensor input) ...... 1 ...... 1 ...... 1 As installed. +/ As installed +/ recommended As Installed +/ Most Accurate Systems As installed As installed As installed +/ As installed Appendix E to Part 125—Airplane Flight Recorder Specification ...... 1 ...... ° 62 ¥ ...... Range ...... 1 ...... 4 ...... ° 400 Microamps or 400 Microamps or available sensor range as installed +/ ``ground'' sensor range, ``low'' or ``normal'' ``off'' available sensor range as installed. 0.9 to ``off'' ¥ ¥ +/ Discrete ``on'' or ``off'' Discrete Discrete ``air'' or As installed Discrete or available Discrete ``warning'' or As installed As installed Discrete(s) ``on'' or ``off'' Full Range As installed +/ + 30 As Installed Discrete As installed Discrete ``warning'' or ...... The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters . . . MLS Azimuth, or GPS Lateral Deviation MLS Elevation, or GPS Vertical Deviation sage mary airplane system reference nose or main gear) measured directly) Low, Each System ity warning system) or Landing gear cockpit control selection tion er activation position rameters 27. Localizer Deviation, 28. Glideslope Deviation, 29. Marker Beacon Pas- 30. Master Warning 31. Air/ground sensor (pri- 32. Angle of Attack (If 33. Hydraulic Pressure 34. Groundspeed 35. GPWS (ground proxim- 36. Landing Gear Position 37. Drift Angle 38. Wind Speed and Direc- 39. Latitude and Longitude 40. Stick shaker and push- 41. WIndshear Detection 42. Throttle/power lever 43. Additional Engine Pa- Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38393 (e.g., off, normal, fail, composite, sector, plan, nav aids, weather radar, range, copy). (e.g., off, normal, fail, and the identity of display pages for emergency procedures, need not be recorded). the Primary Navigation System reference. autobrakes. 1 mile. Discretes should show the display system status Sufficient to determine selected frequency Discretes should show the display system status A suitable combination of discrete to determine To determine braking effort applied by pilots or ...... of discretes should be recorded to determine the status of-Com- bined Control, Vertical Control, Up Advisory, and Down Advisory. (ref. ARINC Char- acteristic 735 Attach- ment 6E, TCAS VER- TICAL RA DATA OUTPUT WORD.) . . ° ° 1 NM 0.2% of full range. .01. 2% of full range. A suitable combination 100 ft. 1 knot. 100 ft/min. 1 ft. 2% of full range. 1% of full range. 0.3% of full range. 0.3% of full range...... (1 per 64 sec.) 64 (1 per 64 sec.) 4. 1. 1. 1. 1. 2. 2...... 4 ...... 1 ...... 4 ...... 1 ...... 4 ...... 1...... 1 ...... 1...... 1...... 1 1 ...... 1 ...... 2 ...... 1 ...... 5% 5% 5% 2% 5% 5% 5% 5% 5% 2% 5% 3% Unless Higher 3% Unless Higher 5% Accuracy Uniquely Required Accuracy Uniquely Required ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ...... 4 ...... As installed +/ +/ +/ +/ As installed As installed +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... 4 ...... 4 ...... ice'' VOR/DME, MLS, Loran C, Omega, Lo- calizer Glideslope Discretes 0±200 NM Full range Full range Full range Full range Full range Full range Discrete(s) Full range Full range Full range Discrete ``ice'' or ``no Discrete Discrete Discrete Full Range Full Range As installed Full range Full range Full range Discrete(s) Discrete GPS, INS, Discrete ...... sion Avoidance System (TCAS) Frequency setting height Alerts Display format trim tank System Reference engine vibration engine over temp engine oil pressure low engine over speed sition tion and right) 44. Traffic Alert and Colli- 45. DME 1 and 2 Distance 46. Nav 1 and 2 Selected 47. Selected barometric 48. Selected Altitude 49. Selected speed 50. Selected Mach 51. Selected vertical speed 52. Selected heading 53. Selected flight path 54. Selected decision 55. EFIS display format 56. Multi-function/Engine 57. Thrust command 58. Thrust target 59. Fuel quantity in CG 60. Primary Navigation 61. Ice Detection 62. Engine warning each 63. Engine warning each 64. Engine warning each 65. Engine warning each 66. Yaw Trim Surface Po- 67. Roll Trim Surface Posi- 68. Brake Pressure (left 38394 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations Remarks not available, cockpit display trim positions should be recorded. not available, cockpit display trim positions should be recorded. not available, cockpit display trim positions should be recorded. tion may each be sampled alternately at 4 sec- ond intervals to provide a sample each 0.5 sec- ond. To determine braking applied by pilots. Each bus. Each bus. Where mechanical means for control inputs are Where mechanical means for control inputs are Where mechanical means for control inputs are Trailing edge flaps and cockpit flap control posi- ...... —Continued Resolution . ° 0.2% of full range. 0,5 1% of full range. 100 psi. 0.2% of full range 0.2% of full range 0.2% of full range 0.5% of full range 0.5% of full range...... interval ...... Seconds per sampling 0.5 4. 4. (1 per 64 sec.) 4. 1. 4. 1. 4...... 1 ...... 1 ...... 1 ...... 1 ...... 2 ...... 1 ...... 2 ...... 1 ...... 5% (Analog) 5% 5% 5% 5% 5% 5% 5% 5% ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ Accuracy (sensor input) ...... 4...... 4 ...... +/ +/ +/ +/ +/ +/ +/ +/5% +/ +/ Appendix E to Part 125—Airplane Flight Recorder Specification ...... Range . . plied'' or ``off'' ``closed'' ``closed mal'' mal'' Discrete or Analog ``ap- Full Range Decrete ``open'' or Discrete ``on'' or ``off'' Full Range Discrete ``power'' or ``off'' Discrete ``power'' or ``off'' Discrete ``open'' or Full range Discrete ``loss'' or ``nor- Discrete(s) ``on'' or ``off'' Discrete(s) ``on'' or ``off'' Full Range Full Range or Discrete Full Range or discrete Discrete ``fail'' or ``nor- Full Range Full Range Full Range ...... The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters ...... tion (left and right) sition system selection gravity tus tion (each system) cal flight and engine con- trol systems) (when an information source is installed) (when an information source is installed) input positionÐpitch input positionÐroll input positionÐyaw cockpit flap control posi- tion cockpit flap control posi- tion and speed brake selec- tion 69. Brake Pedal Applica- 70. Yaw or sideslip angle 71. Engine bleed valve po- 72. De-icing or anti-icing 73. Computed center of 74. AC electrical bus status 75. DC electrical bus sta- 76. APU bleed valve posi- 77. Hydraulic Pressure 78. Loss of cabin pressure 79. Computer failure (criti- 80. Heads-up display 81. Para-visual display 82. Cockpit trim control 83. Cockpit trim control 84. Cockpit trim control 85. Trailing edge flap and 86. Leading edge flap and 87. Ground spoiler position Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38395 control surface position is a function of the dis- placement of the control input device only, it is not necessary to record this parameter. For air- planes that have a flight control break-away ca- pability that allows either pilot to operate the control independently, record both force inputs. The control force inputs may be sam- pled alternately once per 2 seconds to produce the sampling interval of 1. For fly-by-wire flight control systems, where ...... 0.2% of full range ...... 1 ...... 5% ¥ +/ 70 165 ¥ ¥ . . 85 lbs Control wheel +/ lbs ¥ Rudder pedal +/ lbs Control Column +/ Full Range . input forces (control wheel, control column, rudder pedal) 88. All cockpit flight control 38396 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

PART 129ÐOPERATIONS: FOREIGN of recording and storing data and a (i) That are of the same type; AIR CARRIERS AND FOREIGN method of readily retrieving that data (ii) On which the flight recorder OPERATORS OF U.S.-REGISTERED from the storage medium. The system and its installation are the same; AIRCRAFT ENGAGED IN COMMON parameters specified in either Appendix and CARRIAGE B or C of this part, as applicable must (iii) On which there is no difference be recorded within the range, accuracy, in the type design with respect to the 8. The authority citation for part 129 resolution, and recording intervals as installation of those sensors associated continues to read as follows: specified. The recorder shall retain no with the flight data recorder system. Authority: 49 USC 106(G), 40104–40105, less than 25 hours of aircraft operation. Documentation sufficient to convert 40113, 40119, 44701–44702, 44712, 44716– * * * * * recorded data into the engineering units 44717, 44722, 44901–44904, 44906. and discrete values specified in the 9. The first sentence of paragraph (b) § 135.152 [Amended] applicable appendix must be is revised to add reference to new 13. In § 135.152(d), the first sentence maintained by the certificate holder. § 129.20, to read as follows: is amended by removing the phrase ‘‘8 * * * * * hours’’ and adding the phrase ‘‘25 15. In § 135.152, new paragraphs (h), § 129.1 Applicability. hours’’ in its place. (i), and (j) and (k) are added to read as * * * * * 14. Section 135.152(f) is revised to follows: (b) Sections 129.14 and 129.20 also read as follows: * * * * * apply to U.S.-registered aircraft operated § 135.152 Flight recorders. (h) The operational parameters in common carriage by a foreign person required to be recorded by digital flight or foreign air carrier solely outside the * * * * * data recorders required by paragraphs (i) United States. * ** (f)(1) For airplanes manufactured on and (j) of this section are as follows, the 10. Section 129.20 is added to read as or before August 18, 2000, and all other phrase ‘‘when an information source is follows: aircraft, each flight recorder required by this section must be installed in installed’’ following a parameter § 129.20 Digital flight data recorders. accordance with the requirements of indicated that recording of that No person may operate an aircraft § 23.1459, 25.1459, 27.1459, or 29.1459, parameter is not intended to require a under this part that is registered in the as appropriate, of this chapter. The change in installed equipment. United States unless it is equipped with correlation required by paragraph (c) of (1) Time; one or more approved flight recorders § 23.1459, 25.1459, 27.1459, or 29.1459, (2) Pressure altitude; that use a digital method of recording as appropriate, of this chapter need be (3) Indicated airspeed; and storing data and a method of readily established only on one aircraft of a (4) Heading—primary flight crew retrieving that data from the storage group of aircraft: reference (if selectable, record discrete, medium. The flight data recorder must (i) That are of the same type; true or magnetic); record the parameters that would be (ii) On which the flight recorder (5) Normal acceleration (Vertical); required to be recorded if the aircraft models and their installations are the (6) Pitch attitude; were operated under part 121, 125, or same; and (7) Roll attitude; 135 of this chapter, and must be (iii) On which there are no differences (8) Manual radio transmitter keying, installed by the compliance times in the type designs with respect to the or CVR/DFDR synchronization required by those parts, as applicable to installation of the first pilot’s reference; the aircraft. instruments associated with the flight (9) Thrust/power of each engine— recorder. The most recent instrument primary flight crew reference; PART 135ÐOPERATING calibration, including the recording (10) Autopilot engagement status; REQUIREMENTS: COMMUTER AND medium from which this calibration is (11) Longitudinal acceleration; ON-DEMAND OPERATIONS derived, and the recorder correlation (12) Pitch control input; must be retained by the certificate (13) Lateral control input; 11. The authority citation for part 135 holder. (14) Rudder pedal input; continues to read as follows: (f)(2) For airplanes manufactured after (15) Primary pitch control surface Authority: 49 USC 106(g), 40113, 44701– August 18, 2000, each flight data position; 44702, 44705, 44709, 44711–44713, 44715– recorder system required by this section (16) Primary lateral control surface 44717, 44722. must be installed in accordance with the position; 12. Section 135.152(a) is revised to requirements of § 23.1459 (a), (b), (d) (17) Primary yaw control surface read as follows: and (e) of this chapter, or § 25.1459 (a), position; (b), (d), and (e) of this chapter. A (18) Lateral acceleration; § 135.152 Flight recorders. correlation must be established between (19) Pitch trim surface position or (a) Except as provided in paragraph the values recorded by the flight data parameters of paragraph (h)(82) of this (k) of this section, no person may recorder and the corresponding values section if currently recorded; operate under this part a multi-engine, being measured. The correlation must (20) Trailing edge flap or cockpit flap turbine-engine powered airplane or contain a sufficient number of control selection (except when rotorcraft having a passenger seating correlation points to accurately establish parameters of paragraph (h)(85) of this configuration, excluding any required the conversion from the recorded values section apply); crewmembers seat, of 10 to 19 seats, that to engineering units or discrete state (21) Leading edge flap or cockpit flap was either brought onto the U.S. register over the full operating range of the control selection (except when after, or was registered outside the parameter. Except for airplanes having parameters of paragraph (h)(86) of this United States and added to the separate altitude and airspeed sensors section apply); operator’s U.S. operations specifications that are an integral part of the flight data (22) Each Thrust reverser position (or after, October 11, 1991, unless it is recorder system, a single correlation equivalent for propeller airplane); equipped with one or more approved may be established for any group of (23) Ground spoiler position or speed flight recorders that use a digital method airplanes— brake selection (except when parameters Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38397 of paragraph (h)(87) of this section (55) EFIS display format; (86) Leading edge flap and cockpit apply); (56) Multi-function/engine/alerts flap control position; (24) Outside or total air temperature; display format; (87) Ground spoiler position and (25) Automatic Flight Control System (57) Thrust command (when an speed brake selection; and (AFCS) modes and engagement status, information source is installed); (88) All cockpit flight control input including autothrottle; (58) Thrust target (when an forces (control wheel, control column, (26) Radio altitude (when an information source is installed); rudder pedal). (59) Fuel quantity in CG trim tank information source is installed); (i) For all turbine-engine powered (when an information source is (27) Localizer deviation, MLS airplanes with a seating configuration, installed); Azimuth; excluding any required crewmember (60) Primary Navigation System (28) Glideslope deviation, MLS seat, of 10 to 30 passenger seats, Reference; Elevation; manufactured after August 18, 2000— (29) Marker beacon passage; (61) Icing (when an information source is installed); (1) The parameters listed in (30) Master warning; paragraphs (h)(1) through (h)(57) of this (31) Air/ground sensor (primary (62) Engine warning each engine vibration (when an information source section must be recorded within the airplane system reference nose or main ranges, accuracies, resolutions, and gear); is installed); (63) Engine warning each engine over recording intervals specified in (32) Angle of attack (when Appendix F of this part. information source is installed); temp. (when an information source is (2) Commensurate with the capacity (33) Hydraulic pressure low (each installed); of the recording system, all additional system); (64) Engine warning each engine oil pressure low (when an information parameters for which information (34) Ground speed (when an sources are installed and which are information source is installed); source is installed); (65) Engine warning each engine over connected to the recording system must (35) Ground proximity warning be recorded within the ranges, system; speed (when an information source is installed; accuracies, resolutions, and sampling (36) Landing gear position or landing intervals specified in Appendix F of this gear cockpit control selection; (66) Yaw trim surface position; (67) Roll trim surface position; part. (37) Drift angle (when an information (j) For all turbine-engine-powered source is installed); (68) Brake pressure (selected system); (69) Brake pedal application (left and airplanes with a seating configuration, (38) Wind speed and direction (when right); excluding any required crewmember an information source is installed); (70) Yaw or sideslip angle (when an seat, of 10 to 30 passenger seats, that are (39) Latitude and longitude (when an information source is installed); manufactured after August 19, 2002 the information source is installed); (71) Engine bleed valve position parameters listed in paragraph (a)(1) (40) Stick shaker/pusher (when an (when an information source is through (a)(88) of this section must be information source is installed); installed); recorded within the ranges, accuracies, (41) Windshear (when an information (72) De-icing or anti-icing system resolutions, and recording intervals source is installed); selection (when an information source specified in Appendix F of this part. (42) Throttle/power lever position; is installed); (k) For airplanes manufactured before (43) Additional engine parameters (as (73) Computed center of gravity August 18, 1997 the following airplane designated in appendix F of this part); (when an information source is type need not comply with this section: (44) Traffic alert and collision installed); deHavilland DHC–6. avoidance system; (74) AC electrical bus status; Apendix B to Part 135—[Amended] (45) DME 1 and 2 distances; (75) DC electrical bus status; (46) Nav 1 and 2 selected frequency; (76) APU bleed valve position (when 16. In Appendix B to part 135, (47) Selected barometric setting (when an information source is installed); Airplane Flight Recorder Specifications, an information source is installed); (77) Hydraulic pressure (each system); in the ‘‘Range’’ column, the first entry (48) Selected altitude (when an (78) Loss of cabin pressure; is amended by removing the phrase ‘‘8 information source is installed); (79) Computer failure; hr minimum’’ and adding the phrase (49) Selected speed (when an (80) Heads-up display (when an ‘‘25 hr minimum’’ in its place. information source is installed); information source is installed); Appendix C to Part 135—[Amended] (50) Selected mach (when an (81) Para-visual display (when an information source is installed); information source is installed); 17. In Appendix C to part 135, (51) Selected vertical speed (when an (82) Cockpit trim control input Helicopter Flight Recorder information source is installed); position—pitch; Specifications, in the ‘‘Range’’ column, (52) Selected heading (when an (83) Cockpit trim control input the first entry is amended by removing information source is installed); position—roll; the phrase ‘‘8 hr minimum’’ and adding (53) Selected flight path (when an (84) Cockpit trim control input the phrase ‘‘25 hr minimum’’ in its information source is installed); position—yaw; place. (54) Selected decision height (when (85) Trailing edge flap and cockpit 18. Appendix F to part 135 is added an information source is installed); flap control position; to read as follows: 38398 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations Remarks crements each 4 seconds of system operation. puter when practicable. acceptable for all transmission provided the CVR/FDR system complies with TSO C124a CVR synchronization requirements (paragraph 4.2.1 ED±55). as the primary heading reference, a discrete in- dicating selection must be recorded. NP) as appropriate to the particular engine be recorded to determine power in forward and re- verse thrust, including potential overspeed con- ditions. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling intereval of 0.5 or 0.25, as applicable. puter when practicable. UTC time preferred when available. Counter in- Data should be obtained from the air data com- Preferably each crew member but one discrete When true or magnetic heading can be selected A sampling rate of 0.25 is recommended. A sampling rate of 0.5 is recommended. sufficient parameters (e.g., EPR, N1 or Torque, For airplanes that have a flight control break For airplanes that have a flight control break Data should be obtained from the air data com- ...... ′′ Resolution ...... ° ° ° to 35 ′ 1 sec 0.004g. 0.004g. 0.5 0.5 0.5 0.2% of full range 0.2% of full range 0.2% of full range. 0.2% of full range 0.2% of full range 1 kt ...... interval ...... 135.152(j) 135.152(j) 135.152(j) 135.152(j) 135.152(j) 135.152(j) operated under § erated under § operated under § operated under § operated under § operated under § Seconds per sampling 0.125 1 or 0.25 for airplanes 1 or 0.5 for airplanes op- 1 (per engine) 1. 0.25 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 1 ...... 5 . .... 4 ...... 1 ...... 3% 700 ft ¥ ¥ . . . . . 5% ...... 1 ...... Unless Higher Unless Higher Unless Higher Unless Higher ¥ 5% ° ° ° ° ° ° ° 0.125% Per Hour 100 to +/ 2 1% of max range 2 2 2% 1.5% max. range ex- ¥ 2 2 2 2 5% and +/ Appendix F to Part 135—Airplane Flight Recorder Specification (see table, TSO C124a or TSO C51a) excluding datum error of +/ cluding datum error of +/ Accuracy Uniquely Required Accuracy Accuracy Uniquely Required Accuracy Uniquely re- quired ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ Accuracy (sensor input) ...... 1 ...... +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... and ...... ü ...... so . . D ...... Range 0 and Discrete ° ...... ° ...... to 1.2 V. 75% 180 1g so 360 V 3g to +6g 1000 ft to max certifi- cated altitude of air- craft. +5000 ft value to Max V ``true'' or ``mag'' ¥ ¥ ¥ ¥ 24 Hrs, 0 to 4095 ¥ +/ +/ On-Off (Discrete) None Full Range Forward Discrete ``on'' or ``off'' +/ Full Range Full Range Full range ¥ 50 KIAS or minimum 0 Full Range ...... The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters . . Counts Calibrated airspeed crew reference) (Vertical) ter Keying or CVR/DFDR synchronization ref- erence EngineÐprimary flight crew reference tion tion (non-fly-by-wire sys- tems tion (fly-by-wire systems) tion(s) (non-fly-by-wire) tion(s) (fly-by-wire) 1. Time or Relative 2. Pressure Altitude 3. Indicated airspeed or 4. Heading (Primary flight 5.Normal Acceleration 6. Pitch Attitude 7. Roll Attitude 8. Manual Radio Transmit- 9. Thrust/Power on Each 10. Autopilot Engagement 11. Longitudinal Accelera- 12a. Pitch Control(s) posi- 12b. Pitch Control(s) posi- 13a. Lateral Control posi- 13b. Lateral Control posi- Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38399 determined gaged and which primary modes are controlling the flight path and speed of aircraft. away capability that allows either pilot to oper- ate the controls independently, record both con- trol inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5. a suitable combination of inputs is acceptable in lieu of recording each surface spearately. The control surfaces may be sampled alter- nately to produce the sampling interval of 0.5 or 0.25. sors is acceptable in lieu of recording each sur- face separately. The control surfaces may be sampled alternately to produce the sampling in- terval of 0.5 or 0.25. suitable combination of surface position sen- sors is acceptable in lieu of recording each sur- face separately. The control surfaces may be sampled alternately to produce the sampling in- terval of 0.5. sampled alternately at 4 second intervals, to give a data point every 2 seconds. control may each be sampled at 4 second inter- vals, so as to give a data point every 2 sec- onds. altimeter should be recorded, but arranged so that at least one is recorded each second. Turbo-jetÐ2 discretes enable the 3 states to be Turbo-propÐ1 discrete Discretes should show which systems are en- For airplanes that have a flight control break For airplanes fitted with multiple or split surfaces, A suitable combination of surface position sen- For Airplanes with multiple or split surfaces, a Flap position and cockpit control may each be Left and right sides, or flap position cockpit For autoland/category 3 operations. Each radio ...... C. ° 0.2% of full range 0.2% of full range 0.2% of full range 0.2% of full range 0.2% of full range 0.2% of full range 0.004g 0.3% of full range 0.5% of full range 0.5% of full range 0.3 1 ft +5% above 500 ...... 135.152(j) 135.152(j). 135.152(j) 135.152(j) ated under § operated under § operated under § operated under § 1 0.5 for airplanes oper- 0.5 or 0.25 for airplanes 0.5 0.5 or 0.25 for airplanes 0.5 or 0.25 for airplanes 0.5 0.25 1 ...... 2 ...... 1 (per engine 1 ...... 2 ...... 3% ¥ ...... Unless Higher Unless Higher Unless Higher Unless Higher Unless Higher Unless Higher or as Pilot's indi- or as Pilot's indi- C ...... 2 ...... 5% ° ° ° ° ° ° ° ° ° 5% Above 500 ft 2 2 2 2 2 2 1.5% max. range ex- ¥ 3% Unless Higher 3 3 2 2 ft or +/ Accuracy Uniquely Required Whichever is Greater Below 500 ft and +/ ¥ Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required Accuracy Uniquely Required cluding datum error of +/ Accuracy Uniquely Required cator cator and sufficient to determine each dis- crete position ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ...... 1 ...... +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... C ...... ° ...... C to +90 ° 1g sition (discrete) crete Position reverse (Discrete) sition (discrete). 50 of discretes 20 ft to 2,500 ¥ Full Range Full Range Full Range Full Range Full Range Full Range Full Range or Each Po- Full Range or Each Dis- Stowed, In Transit, and Full Range or Each Po- ¥ A suitable combination +/ ¥ ...... tion(s) (non-fly-by-wire) tion(s) (fly-by-wire) face(s) Position face(s) Position Position sition Cockpit Control Selection Cockpit Control Selection Position (or equivalent for propeller airplane) tion or Speed Brake Se- lection ture or Total Air Tem- perature AFCS Mode and En- gagement Status 14a. Yaw Control posi- 14b. Yaw Control posi- 15. Pitch Control Sur- 16. Lateral Control Sur- 17. Yaw Control Surface(s) 18. Lateral Acceleration 19. Pitch Trim Surface Po- 20. Trailing Edge Flap or 21. Leading Edge Flap or 22. Each Thrust reverser 23. Ground Spoiler Posi- 24. Outside Air Tempera- 25. Autopilot/Autothrottle/ 26. Radio Altitude 38400 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations . ° Remarks warning that cannot be determined from other parameters or from the cockpit voice recorder. corder capacity is limited in which case a single discrete for all modes is acceptable. activation. should be recorded but arranged so that at least one is recorded each second. It not necessary to record ILS and MLS at the same time, only the approach aid in use need be re- corded. should be recorded but arranged so that at least one is recorded each second. It not necessary to record ILS and MLS at the same time, only the approach aid in use need be re- corded. be recorded at 4 or 1 second intervals, as ap- propriate, so as to give a data point at 2 sec- onds or 0.5 second, as required. corded. erence. Where capacity permits latitude/lon- gitude resolution should be 0.0002 engine controls. indicated vibration level, N2, EGT, Fuel Flow, Fuel Cut-off lever position and N3, unless en- gine manufacturer recommends otherwise. Record the master warning and record each ``red'' A suitable combination of discretes unless re- A suitable combination of discretes to determine For autoland/category 3 operations. Each system For autoland/category 3 operations. Each system A single discrete is acceptable for all markers. If left and right sensors are available, each may A suitable combination of discretes should be re- Provided by the Primary Navigation System Ref- For airplanes with non-mechanically linked cockpit Where capacity permits, the preferred priority is ...... ° —Continued Resolution , or as installed ° . ° 0.3% of full range 0.3% of full range 0.3% of full range 0.5% of full range. 0.2% of full range. 0.1 1 knot, and 1.0 0.002 2% of full range 2% of full range ...... interval . 135.152(j) erated under § ond Seconds per sampling 1 ...... 1 (0.25 recommended.) 2 or 0.5 for airplanes op- 1 for each lever Each engine each sec- 1 ...... 1 ...... 1. 3% rec- 3% rec- ¥ ¥ ...... 4...... 4 ...... 4 ...... 2 ...... 5% 2% ommended. Installed ommended ¥ ¥ Accuracy (sensor input) ...... 1 ...... 1 ...... As installed +/ As installed +/ Most Accurate Systems As installed As installed As installed +/ As installed As installed +/ Appendix F to Part 135—Airplane Flight Recorder Specification ...... 1 ...... ° 62 ¥ ...... ° ...... Range ...... 1 ...... 4 ...... 400 Microamps or 400 Microamps or available sensor range as installed +/ ``ground'' sensor range, ``low'' or ``normal'' ``off'' available sensor range as installed ``off'' ¥ ¥ +/ Discrete ``on'' or ``off'' Discrete Discrete ``air'' or As installed Discrete or available Discrete ``warning'' or As installed As installed Discrete(s) ``on'' or ``off'' Full range As installed +/ As installed Discrete As installed Discrete ``warning'' or 0.9 to + 30 ...... The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters . . . MLS Azimuth, or GPS Lateral Deviation MLS Elevation, or GPS Vertical Deviation sage mary airplane system reference nose or main gear) measured directly) Low, Each System ity warning system) or Landing gear cockpit control selection tion er activation position rameters 27. Localizer Deviation, 28. Glideslope Deviation, 29. Marker Beacon Pas- 30. Master Warning 31. Air/ground sensor (pri- 32. Angle of Attack (If 33. Hydraulic Pressure 34. Groundspeed 35. GPWS (ground proxim- 36. Landing Gear Position 37. Drift Angle 38. Wind Speed and Direc- 39. Latitude and Longitude 40. Stick shaker and push- 41. Windshear Detection 42. Throttle/power lever 43. Additional Engine Pa- Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38401 (e.g., off, normal, fail, composite, sector, plan, nav aids, weather radar, range, copy. corded to determine the status ofÐCombined Control, Vertical Up Advisory, and down advisory. (ref. ARINC Characteristic 735 Attachment 6E, TCAS VERTICAL RA DATA OUTPUT WORD.) (e.g., off, normal, fail, and the identity of display pages for emergency procedures, need not be recorded. the Primary Navigation System reference. autobrakes. Discretes should show the display system status To determine braking applied by pilots. A suitable combination of discretes should be re- 1 mile. Sufficient to determine selected frequency. Discretes should show the display system status A suitable combination of discretes to determine To determine braking effort applied by pilots or ...... ° . . ° ° 1 NM 0.2% of full range. 100 ft. 1 knot. .01. 100 ft./min. 1 ft. 2% of full range. 2% of full range. 1% of full range. 0.3% of full range. 0.3% of full range. 0.5 ...... (1 per 64 sec.) 64 (1 per 64 sec.) 4. 1. 1. 1. 1. 2 ...... 2 ...... 4...... 1 ...... 4 ...... 1 ...... 4 ...... 1 ...... 1 ...... 2 ...... 1...... 1...... 1...... 1 ...... 1...... 1 ...... 4...... 1 ...... 1 ...... 5% (Analog) 5% 5% 5% 5% 5% 5% 5% %5 2% 2% 5% 3% Unless Higher 3% Unless Higher 5% 5% Accuracy Uniquely Required Accuracy Uniquely Required ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ...... 4 ...... +/ As installed As installed As installed +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ +/ ...... 4 ...... 4 ...... ice'' plied'' or ``off'' ``closed'' VOR/DME, MLS, Loran C, Omega, Lo- calizer Glidescope Discretes 0±200 NM; Full range Full Range Full Range Full Range Full Range Full Range Full Range Discrete(s) Full Range Full Range Full Range Discrete ``ice'' or ``no Discrete Discrete Discrete Full Range Full Range As installed Discrete or Analog ``ap- Full Range Discrete ``open'' or Full Range Full Range Discrete(s) Discrete GPS, INS, Discrete ...... sion Avoidance System (TCAS) Frequency setting height Alerts Display format trim tank System Reference engine vibration engine over temp. engine oil pressure low engine over speed sition tion and right) tion (left and right) sition 44. Traffic Alert and Colli- 45. DME 1 and 2 Distance 46. Nav 1 and 2 Selected 47. Selected barometric 48. Selected altitude 49. Selected speed 50. Selected Mach 51. Selected vertical speed 52. Selected heading 53. Selected flight path 54. Selected decision 55. EFIS display format 56. Multi-function/Engine 57. Thrust command 58. Thrust target 59. Fuel quantity in CG 60. Primary Navigation 61. Ice Detection 62. Engine warning each 63. Engine warning each 64. Engine warning each 65. Engine warning each 66. Yaw Trim Surface Po- 67. Roll Trim Surface Posi- 68. Brake Pressure (left 69. Brake Pedal Applica- 70. Yaw or sideslip angle 71. Engine bleed valve po- 38402 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations Remarks not available, cockpit display trim positions should be recorded. not available, cockpit display trim positions should be recorded. not available, cockpit display trim positions should be recorded. tion may each be sampled alternately at 4 sec- ond intervals to provide a sample each 0.5 sec- ond. control surface position is a function of the dis- placement of the control input device only, it is not necessary to record this parameter. For air- planes that have a flight control break away ca- pability that allows either pilot to operate the control independently, record both force inputs. The control force inputs may be sam- pled alternately once per 2 second to produce the sampling interval of 1. Each bus. Each bus. Where mechanical means for control inputs are Where mechanical means for control inputs are Where mechanical means for control inputs are Trailing edge flaps and cockpit flap control posi- For fly-by-wire flight control systems, where ...... —Continued Resolution 0.2% of full range. 0.2% of full range 1% of full range. 100 psi. 0.2% of full range 0.2% of full range 0.2% of full range 0.5% of full range 0.5% of full range...... interval ...... Seconds per sampling 0.5 4. (1 per 64 sec.) 4. 1. 4. 1. 4...... 1 ...... 1 ...... 1 ...... 1 ...... 2 ...... 1 ...... 2 ...... 5% 5% 5% 5% 5% 5% 5% 5% 5% ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ Accuracy (sensor input) ...... 4...... 4 ...... +/ +/ +/ +/ +/ +/ +/ +/ +/ Appendix F to Part 135—Airplane Flight Recorder Specification ...... 70 165 ¥ ¥ ...... Range . . 85 lb ``closed'' mal'' Control wheel +/ lbs. ¥ Rudder pedal +/ lbs mal'' Control Column +/ Discrete ``on'' or ``off'' Full Range Discrete ``power'' or ``off'' Discrete ``power'' or ``off'' Discrete ``open'' or Full range Discrete ``loss'' or ``nor- Discrete(s) ``on'' or ``off'' Discrete(s) ``on'' or ``off'' Full Range Full Range or Discrete Full Range or discrete Full Range Discrete ``fail'' or ``nor- Full Range Full Range Full Range . . . . . The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic static conditions. All data be correlated in time to within one second...... Parameters . . . . . system selection gravity tus tion (each system) cal flight and engine con- trol systems) (when an information source is installed) (when an information source is installed) input positionÐpitch input positionsÐroll input positionÐyaw cockpit flap control posi- tion cockpit flap control posi- tion and speed brake selec- tion input forces (control wheel, control column, rudder pedal) 72. De-icing or anti-icing 73. Computed center of 74. AC electrical bus status 75. DC electrical bus sta- 76. APU bleed valve posi- 77. Hydraulic Pressure 78. Loss of cabin pressure 79. Computer failure (criti- 80. Heads-up display 81. Para-visual display 82. Cockpit trim control 83. Cockpit trim control 84. Cockpit trim control 85. Trailing edge flap and 86. Leading edge flap and 87. Ground spoiler position 88. All cockpit flight control Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38403

(Revisions to Digital Flight Data Recorders; Final Rule; Docket No. 28109) Issued in Washington, D.C. on July 9, 1997. Barry J. Valentine, Acting Administrator. [FR Doc. 97–18514 Filed 7–10–97; 3:03 pm] BILLING CODE 4910±13±M federal register July 17,1997 Thursday Works PretreatmentPrograms;FinalRule Approved PubliclyOwnedTreatment Streamlined ProceduresforModifying 40 CFRPart403 Protection Agency Environmental Part III 38405 38406 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION proposed rule published in the July 30, Category Examples of regulated AGENCY entities 1996, Federal Register document (61 FR 39804). For the sake of brevity, EPA 40 CFR Part 403 State govern- States that act as refers the reader to that notice and only ment. Pretreatment Program Ap- repeats the background necessary to [FRL±5859±8] proval Authorities. explain the need for today’s final rule. POTWs that meet certain RIN 2040±AC57 This table is not intended to be requirements must develop exhaustive, but rather provides a guide pretreatment programs to control Streamlined Procedures for Modifying for readers regarding entities likely to be industrial discharges into their sewage Approved Publicly Owned Treatment regulated by this action. This table lists systems. CWA section 402(b)(8); 40 CFR Works Pretreatment Programs the types of entities that EPA is now 403.8(a). EPA or the State (in States aware could potentially be regulated by approved by EPA to act as the AGENCY: Environmental Protection this action. Other types of entities not Agency (EPA). pretreatment program ‘‘Approval listed in the table could also be Authority’’) must approve the POTW’s ACTION: Final rule. regulated. To determine whether your pretreatment program request according organization is regulated by this action, SUMMARY: to the procedures in 40 CFR 403.11 Today, EPA is revising the you should carefully examine the procedures for modifying the Regulations at 40 CFR 403.8 and 403.9 applicability criteria in 40 CFR 403.18 describe the substantive content of and requirements of approved Publicly and other applicable criteria in Part 403 Owned Treatment Works (POTW) documentation required for a POTW of title 40 of the Code of Federal pretreatment program. Under 40 CFR Pretreatment Programs incorporated Regulations. If you have questions into National Pollutant Discharge 403.8(f), the POTW pretreatment regarding the applicability of this action program submission must reflect Elimination System (NPDES) permits to a particular entity, consult the person issued to POTWs. The new regulations specified legal authorities, compliance listed in the preceding ``FOR FURTHER will reduce the administrative burden assurance procedures, adequate INFORMATION CONTACT'' section. funding, a local limit development and cost associated with maintaining Information in this preamble is approved pretreatment programs demonstration, an enforcement response organized as follows: plan (ERP), and a list of significant without affecting environmental I. Background industrial users. After approval by the protection. A. Prior Program Approval Process Approval Authority, the entire approved DATES: This rule is effective on August B. Summary of Today’s Rule pretreatment program is then 18, 1997. In accordance with 40 CFR C. Summary of Public Comments 1. General incorporated as an enforceable 23.2, this rule shall be considered final condition of the POTW’s NPDES permit. for the purposes of judicial review at 2. Comments on Further Streamlining II. Section by Section Analysis 40 CFR 122.44(j)(2) and 403.8(c). 1:00 P.M. EDT on July 31, 1997. A. Characterization of Modifications Regulations at 40 CFR 403.18 specify ADDRESSES: Copies of comments 1. General the procedures used to modify approved submitted and the docket for this 2. Changes That Relax Legal Authority POTW programs. EPA originally rulemaking are available for public 3. Changes That Mirror Federal Regulations promulgated those procedures on inspection at EPA’s Water Docket, Room 4. Changes to pH Limits October 17, 1988. 53 FR 40562, 40615. L–102, 401 M Street, S.W. (MC–4101), 5. Reallocation of MAIL Section 403.18(a) requires the POTW to Washington, D.C. 20460. The public 6. Enforcement Response Plans follow program modification procedures B. Public Notice Procedures for Substantial whenever there is a ‘‘significant change’’ may inspect the administrative record Modifications for this rulemaking between the hours of 1. Single Public Notice in the approved POTW pretreatment 9 a.m. and 3:30 p.m. on business days. 2. Adequency of Local Notice program. Section 403.18(c) and (d) For access to docket materials, please 3. Other Changes to Notice Requirements outlines specific procedures for call (202) 260–3027 for an appointment C. Procedures for Non-substantial Approval Authority review and during those hours. As provided in 40 Modifications approval of ‘‘substantial program CFR part 2, a reasonable fee may be D. Changes Reported in Annual Reports modifications’’ and other non- charged for copying. III. Regulatory Requirements substantial program modifications. A. Execute Order 12866 Section 403.18(b) contains a list of FOR FURTHER INFORMATION CONTACT: Jeff B. Executive Order 12875 Smith, EPA, Office of Wastewater changes which are ‘‘substantial program C. Regulatory Flexibility Act modifications’’ and gives the Approval Management (OWM), Permits Division D. Paperwork Reduction Act (4203), 401 M Street, S.W., Washington, E. Unfunded Mandates Reform Act Authority power to designate other D.C. 20460, (202) 260–5586. F. Submission to Congress and the General modifications as substantial Accounting Office modifications. SUPPLEMENTARY INFORMATION: Section 403.18(c) describes the I. Background Regulated Entities procedure for Approval Authority Today, EPA is revising the procedures action on ‘‘substantial program Entities regulated by this action are for modifying the requirements of modifications.’’ Under this section, the governmental entities responsible for approved Publicly Owned Treatment POTW submits specified documents; implementation of the National Works (POTW) Pretreatment Programs the Approval Authority uses the Pretreatment Program. Regulated incorporated into National Pollutant procedures in 40 CFR 403.11 (b)–(f) to entities include: Discharge Elimination System (NPDES) act on the proposed modification; and permits issued to POTWs under the the approved modification is Examples of regulated Category entities Clean Water Act (CWA). incorporated into the POTW’s NPDES permit as a minor permit modification A. Prior Program Approval Process Local govern- Publicly Owned Treatment under 40 CFR 122.63(g). Under these ment. Works with Approved EPA provided an extensive discussion procedures, the Approval Authority Pretreatment programs. of the background for today’s rule in the determines whether the submission is Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38407 complete, issues public notice of the modification and the modification is public notice and that no one had ever complete request for substantial approved as proposed. 403.18(c)(3). commented on the State’s notices. program modification, acts on the Third, public notice provided by a Commenters also generally supported submission within 90 days, and POTW will satisfy the Approval the details of the proposal. No publishes notice of approval or Authority’s obligation to provide notice commenter opposed the proposal to disapproval. in certain circumstances. 40 CFR allow modifications to be approved To provide notice of the request for 403.18(c)(4). Fourth, the rule allows a following a single public notice when approval, the Approval Authority mails POTW to report changes to its list of there is no comment on the notices to specified individuals, industrial users in the POTW’s annual modification. No commenter strongly publishes notice of the request in the reports, rather than being required to opposed the proposal to allow changes largest daily newspaper within the obtain advance approval. 40 CFR to legal authority that reflect changes to jurisdiction served by the POTW, 403.8(f)(6) and 403.12(i)(1). Fifth, the the Federal regulations, redistribution of provides a 30-day public comment period of notice that POTWs must the Maximum Available Industrial Load period, provides an opportunity to provide for non-substantial and changes to pH limits to be request a public hearing, and holds a modifications and the time for review processed as ‘‘non-substantial’’ public hearing at the POTW’s request or by Approval Authorities will both be 45 modifications. Although most if there is significant public interest in days; POTWs may implement a non- commenters supported the other doing so. 40 CFR 403.11(b)(1). To substantial modification if the Approval deletions from the definition of provide notice of the approval or Authority does not disapprove it within ‘‘substantial’’ modifications, a few disapproval decision, the Approval that time. 40 CFR 403.18(d). Sixth, the commenters strongly opposed them. Authority provides written notice to all rule grants additional flexibility Only one commenter opposed allowing persons who submitted comments or regarding the type of newspaper that changes to Industrial User inventories to participated in the public hearing if may publish the notices and the be reported in annual reports. Most held, and publishes notice in the same government agencies that receive commenters supported reducing to 45 newspaper as the original notice of individual notice of all modifications. days the time for review of non- request for approval was published. 40 40 CFR 403.11(b)(1)(1) (A) and (B). substantial modifications. CFR 403.11(e). One commenter recommended Under the existing § 403.18(b)(2) C. Summary of Public Comments restricting the time for review of procedures for approval of non- 1. General substantial modifications to 60 days. substantial program modifications, the The commenter noted that the preamble POTW must notify the Approval EPA proposed regulations on July 30, to the October 18, 1988, revisions to the Authority at least 30 days prior to 1996, responding to problems pretreatment regulations indicates that implementation of a non-substantial experienced in administering the EPA would adopt a 60 day limit, but the modification. The modification is existing rule (61 FR 39804). The regulatory language included the 90 day considered approved unless the preamble to the proposed rule explains limit. (53 FR 40562, 40581). Given that Approval Authority decides within 90 the proposed changes in the regulation. some Approval Authorities are having days that the change is substantial and The public comment period was open difficulty performing reviews within the initiates the procedures for approval of for a period of 60 days and closed on current 90 day time frame, EPA has substantial program modifications. Once September 30, 1996. Although one decided not to revise this provision. again, the approved non-substantial comment was not received until October 2. Comments on Further Streamlining change is incorporated into the NPDES 2, EPA has responded to all comments permit as a minor permit modification received. Several commenters, including a trade under 40 CFR 122.63(g). association for POTWs, recommended EPA received 25 comments, including that streamlining would be best B. Summary of Today’s Rule those from five States, 10 accomplished by removing the Today’s rule streamlines the municipalities, one attorney and one Approved Pretreatment Program from procedures for modifying approved trade group that represent the POTW’s NPDES permit, thereby POTW Pretreatment Programs in several municipalities, one contract operator, eliminating the need for permit ways. First, fewer categories of one industrial facility, five trade groups modifications. modifications are considered that represent industry, and one They recommended that the ‘‘substantial’’ and, therefore, environmental public interest group. A Pretreatment program could be automatically subject to the detailed brief summary of the comments is set implemented by direct reference to the public notice procedures. Modifications out below. A more detailed discussion regulatory requirements or by placing that will no longer automatically be of the comments received is set out later performance measures into the POTW’s considered ‘‘substantial’’ include: in this preamble in the section-by- permit. Some commenters suggested changes that result in more prescriptive section analysis. that whether a modification is POTW legal authority; changes to legal Virtually all of the commenters ‘‘substantial’’ should be tied to specific authority that reflect changes to the recognized the need to streamline the measures such as whether the Federal regulations; changes to local current procedures for modifying POTW modification increases the total load or limits for pH; reallocations of local pretreatment programs. One commenter has a direct effect on the environment. limits that do not increase the stated that it supported efforts to reduce One commenter argued that it should authorized discharge of the pollutant the number of modifications that go not be necessary to get a permit from the POTW; and other changes through the ‘‘grueling approval process’’ modification for a ‘‘non-substantial’’ discussed below. 40 CFR 403.18(b). and noted that its last major modification. The commenter’s State Second, the rule no longer requires the modification took 6 years to complete. charges thousands of dollars for a Approval Authority to issue a public A few Approval Authorities commented permit modification, including one to notice of its final approval of a that they rarely receive public incorporate non-substantial modification if it received no comments comments. One State commented that modifications. While expressing no on its proposed approval of the cities are required by State law to issue opinion on the reasonableness of such 38408 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations fees for a minor permit modification, opposition to it. One environmental industrial users are not substantial EPA notes that a program modification public interest group objected to the modifications. requires a permit modification if the reduction in public notice. One POTW EPA believes that the remaining three modification relates to an enforceable argued that the problems with the categories may be deleted from the element of the POTW’s NPDES permit. proposal were due to recategorizing definition of substantial modifications. 40 CFR 403.8(c). certain significant modifications as Changes to the POTW’s method of EPA acknowledges that removing the ‘‘non-substantial’’ and that streamlining incorporation of categorical Pretreatment Program from the NPDES could be accomplished without creating Pretreatment Standards are not permit would increase POTW flexibility these problems. One industrial trade considered substantial unless the and eliminate any issues regarding the association asserted that allowing change results in relaxed legal authority, need to provide public notice of NPDES permit requirements to be in which case the change is still modifications to the POTW’s program. amended without public notice violated required to be reported as a substantial On the other hand, incorporation of the various regulations, statutory modification. Significant reductions in program into the permit provides all requirements and the U.S. Constitution. POTW resources are not substantial concerned with the greatest certainty as These commenters argued that at a unless the reductions result in the to the program’s scope and content. As minimum, more categories of POTW being unable to fulfill its other mentioned in the preamble to the modifications should be considered Approved Program requirements, in proposal, some stakeholders were ‘‘substantial’’, although they disagreed which case the POTW still may be held concerned that Part 403 standing alone on which categories. accountable under it NPDES permit. may not be sufficiently specific to create Today’s rule addresses the concerns Changes to the POTW’s sewage sludge objective, enforceable requirements that of these latter commenters by retaining disposal and management practices are could be directly implemented. as substantial modifications some of the not themselves part of the Pretreatment Although one commenter responded to categories that were proposed to be Program and, thus, would not constitute EPA’s request for more specific considered ‘‘non-substantial’’. 40 CFR substantial modifications. Like a change regulatory language with the 403.18(b). Under today’s rule, three new to the POTW’s water quality-based recommendation that streamlining categories of program modifications are NPDES permit limits, sewage sludge could be accomplished with language now considered ‘‘non-substantial’’, practice changes may affect the program similar to NPDES boilerplate, no specifically: Changes to the POTW’s but are not part of the program. These commenter provided specific language. method of incorporating categorical three categories of modifications are not Today’s rule does not remove the pretreatment standards; certain ‘‘substantial’’, although Approval Pretreatment Program from the POTW’s reductions in POTW resources; and Authorities would still have the NPDES permit. EPA will continue its discretion to designate the first two as changes to sewage sludge management ongoing efforts to identify ways to orient substantial. and disposal practices. In addition, as is the Pretreatment Program towards the The proposed regulatory language did discussed below, today’s rule also accomplishment of performance not describe criteria for identifying increases the number of non-substantial measures. Implementation of that other substantial modifications or modifications by creating exceptions to approach might involve NPDES permits explicitly allow Approval Authorities to two categories of substantial that incorporate by reference boilerplate designate other modifications as modifications, namely, changes to legal regulatory language rather than detailed substantial. As one commenter noted, authorities and changes that result in Approved Programs. the preamble and rulemaking record did less stringent local limits. not address this change. Another II. Section by Section Analysis Four of the seven categories that EPA commenter recommended that Approval A. Characterization of Modifications proposed to delete from the definition of Authorities be able to designate a ‘‘substantial’’ modifications will be modification as substantial if it meets 1. General retained as substantial modifications. 40 the specified criteria. In response, EPA Today’s rule reduces the number of CFR 403.18(b). The following changes notes that under the old rule, if an categories of Pretreatment Program will continue to constitute ‘‘substantial’’ Approval Authority wanted to modifications that are automatically modifications: changes to the POTW’s disapprove a non-substantial deemed ‘‘substantial’’. 40 CFR control mechanism as described in modification, the Approval Authority 403.18(b). The number of categories that § 403.8(f)(1)(iii); decreases in the would first designate the change as a would no longer be deemed substantial frequency of self-monitoring and substantial modification. That extra is not, however, as large as EPA reporting required of industrial users; designation step is unnecessary under proposed. Under the July 30 proposal, changes in the POTW’s confidentiality today’s rule, which allows Approval only modifications to the POTW’s procedures; and decreases in Authorities to disapprove non- Approved Pretreatment Program legal inspections or sampling by the POTW. substantial modifications directly. 40 authority and local limits that relax the It is important to remember that CFR 403.18(d)(2). Today’s rule does, requirements applicable to industrial ‘‘decrease in the frequency of self- however, give Approval Authorities the users would have continued to be monitoring’’ and ‘‘decrease in the option of designating additional processed as ‘‘substantial’’ frequency of industrial user modifications as ‘‘substantial’’ if they modifications. Only for these inspections’’ refer to changes in the meet the specified criteria. 40 CFR modifications would Approval POTW’s general policy and not to 403.18(b)(7). Authorities be required to follow the decisions affecting individual industrial One commenter recommended that detailed public notice procedures of 40 users. Similarly, ‘‘changes to the POTWs the relaxation of other non-federally CFR 403.11. The proposal would have control mechanism’’ refers to a change mandated limits such as particle size, defined all other modifications as non- in the type of mechanism used (e.g., malodorous liquids, numeric limits for substantial modifications. permit versus orders) and not to change non-petroleum oil and grease, and color While the majority of commenters in one facility’s permit or to changes in limits be considered non-substantial. supported this approach, a few the boilerplate or other details of the EPA did not adopt this suggestion. commenters were very forceful in their permit. Changes affecting individual While many POTWs may not have local Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38409 limits for these pollutants, in some Approval Authorities will benefit from substantial. The commenter instances local limits on these the flexibility to consider these recommended that the revisions also pollutants will be appropriate to prevent modifications substantial or non- include modifications to upper pH pass through or interference. If such substantial. limits. EPA intended that the proposal local limits are part of an Approved include modifications to upper pH 3. Changes that Mirror Federal Pretreatment Program, the presumption Regulations limits, and only discussed § 403.5(b)(2) would be that the relaxation of these in order to clarify that it remained in local limits would be a substantial Today’s regulation excludes from the force. This revision is adopted as modification. definition of ‘‘substantial’’ modification proposed. All changes to pH limits in those changes to POTW legal authority 2. Changes That Relax Legal Authority Approved POTW Pretreatment Programs that result in less prescriptive programs, may be processed as non-substantial EPA is adopting the proposed revision but which directly reflect a revision to modifications. The prohibition in 40 so that only changes that result in less the Federal pretreatment regulations (for CFR 403.5(b)(2) is unchanged. stringent POTW legal authority are example, if the federal regulations are subject to substantial modification streamlined). 40 CFR 403.18(b)(1). Such 5. Reallocation of MAIL procedures. 40 CFR 403.18(b)(1). One modifications would have already Today’s rule adopts the proposal to commenter argued that nothing in the undergone public notice and comment exclude from the definition of rulemaking record supports this change. when promulgated by EPA. As long as substantial modifications revisions to In response, EPA notes that a POTW is the POTW’s local ordinance is revised local limits resulting from reallocations free under the CWA to impose to directly reflect the new federal of the Maximum Allowable Industrial additional requirements on IUS under requirements, further public notice Loading (MAIL) for a given pollutant, State and local law; such additional would be unnecessary. No commenter provided that the reallocation does not requirements may go beyond the opposed this change. increase the total MAIL for that One commenter asked whether the minimum requirements of the POTW’s pollutant. 40 CFR 403.18(b)(2). Some rule would apply to program NPDES permits. Such modifications that POTWs’ local limits are expressed in modifications that are already required do not relax legal authorities would not terms of a MAIL for a pollutant, which by the federal regulations, such as cause the POTW to be in violation of its is then allocated to individual industrial modifications to implement the existing NPDES permit and could be users as limits on the total mass of the revisions published on October 17, 1988 implemented by the POTW without pollutant that each user may discharge. modifying the permit. EPA does not (53 FR 40562) and July 24, 1990 (55 FR Those mass limits are placed in the want to discourage such ‘‘beyond the 30082). In response, a modification industrial users’ permits or other minimum’’ actions by requiring review could be processed under the revised individual control mechanisms and are of the changes. procedures so long as the modification enforceable under 40 CFR 403.5(d). The commenter further suggested that mirrors changes to the federal regulation Under today’s rule, reallocations of the allowing more prescriptive legal made since the program’s legal authority MAIL to individual industrial users authorities to be adopted by the POTW was approved or last modified. 40 CFR could be processed as non-substantial without being approved as a substantial 403.18(b)(1). modification is an unconstitutional One commenter recommended that a modifications as long as the MAIL is not delegation of authority to the POTW. program should always be able to increased. EPA disagrees. A POTW requirement on modify its program down to the federal One commenter stated that all an IU that goes beyond the scope of the minimum if, e.g., the POTW committed changes to local limits should be existing Approved Program only to additional sampling in the initial deemed substantial because of their becomes part of the Approved Program program. EPA is not adopting this impact on the industrial user. EPA is after it is processed by the Pretreatment approach. While minimum oversight not changing the rule. Approval Approval Authority as a program requirements (e.g., annual sampling of Authorities may continue to process modification. The general public Significant Industrial Users) are modifications that impose more interest in program modifications is appropriate for some facilities, stringent local limits as non-substantial served by the opportunity for public additional oversight is required for other modifications. Such limits may only be comment on substantial modifications facilities. It would not be appropriate to imposed, however, following the notice that result in less prescriptive programs. reduce oversight to the minimum for all required by 40 CFR 403.5(c)(3) and such The general public interest may also be facilities. As long as a specific element additional notice as is required by local served in expeditious implementation of of the program is an enforceable permit law. Today’s rule only addresses the more prescriptive programs when requirement, permit modifications will reallocation of MAILs. necessary. EPA assumes that POTW’s be necessary if the POTW wants to do When a POTW allocates the MAIL to will faithfully abide by notice less than its permit requires. individual industrial users, the POTW requirements of the federal and State generally retains a portion of the MAIL constitutions prior to imposing a more 4. Changes to pH Limits as a safety factor so that new industrial prescriptive program requirement on an Like the proposed rule, today’s rule users can be given a mass allocation out individual affected by a program excludes all changes to local limits for of the existing MAIL. Such an allocation modification. pH from the definition of substantial to a new industrial user would not Another commenter noted that modifications. 40 CFR 403.18(b)(2). No constitute a substantial modification. designating certain modifications to commenter opposed the proposal. The Today’s rule specifies that a reallocation legal authority as ‘‘non-substantial’’ will proposal noted that it would not affect of an existing MAIL is not a substantial provide little relief because Approval the prohibition of discharges with a pH modification. Only where the POTW Authorities will still need to determine of less than 5.0 in 40 CFR 403.5(b)(2). increases the total mass of a pollutant if the modification does or does not One commenter understood this that all industrial users collectively result in less stringent legal authority. language to mean that only could be authorized to discharge would Although that may be the case in some modifications to minimum pH limits the modification be considered instances, EPA believes that, overall, would no longer be considered substantial. 38410 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

One commenter stated that the the switch to mass-based limits or to B. Public Notice Procedures for reallocation of a MAIL should not be BMPs will likely result in less stringent Substantial Modifications considered a program modification at local limits for at least some group of 1. Single Public Notice all. EPA agrees that if the POTW’s industrial users. The POTW’s Approved approved program specifies the MAIL Pretreatment Program will need to be Today’s rule allows approval of but does not specify how it is allocated, modified to reflect such change. There proposed modifications after one public a reallocation of the MAIL that does not may be limited circumstances, such as notice in certain circumstances. No increase the MAIL would not constitute where the POTW documents that a BMP commenters opposed this change. Prior a program modification. Only if the achieves an existing concentration limit, to today’s rule, section 403.18(b)(1) reallocation would violate the POTW’s where the Approval Authority might required the issuance of one public permit would a modification be consider such a change to be a non- notice of a proposed modification and a necessary. If the allocation is specified substantial modification. second public notice once the in the POTW’s permit, a reallocation of One commenter stated that for the modification is approved. Both notices a MAIL that does not increase the total reallocation of the MAIL to be needed to comply with the procedures pollutants may be submitted as a non- considered non-substantial, the in § 403.11(b)–(f). Today’s rule revises substantial modification. A reallocation reallocation should be enforceable and § 403.18(c)(3) so that the Approval that does increase the MAIL must be should not be due to pollutant trading. Authority would not need to publish a submitted as a substantial modification. Under a trading program, POTWs might second notice of decision if the One commenter noted that a MAIL allocate mass limit to individual following conditions were met: (1) The should be able to provide for residential industrial users and allow the industrial first notice states that the modification will be approved without further notice growth by, for example, providing an users to sell or otherwise transfer their if no comments are received; (2) the index of allowable MAILs based on allocations to another industrial user. Approval Authority receives no growth factors. Another stated that an EPA does not agree that all reallocations substantive comments on that notice; increase in MAIL should be considered due to trading need to be processed as and (3) the modification request is non-substantial if it is tied to an substantial modifications. Whether or approved without change. increase in the POTW’s capacity. not a local limit is the result of trading, Today’s rule would not prevent a POTW any reallocation must be enforceable in 2. Adequacy of Local Notice from submitting sufficient technical order for it to satisfy the substantive Under today’s rule, Approval information as part of its local limits requirements of 40 CFR 403.5(c). analysis to support a variable MAIL Authorities may consider local notice by depending on the total flow to the 6. Enforcement Response Plans the POTW to constitute a program POTW. The tiered MAIL would have to modification request and notice of The preamble to the proposal decision under § 403.11(b)–(f). EPA did be an enforceable element of the solicited comment on whether changes POTW’s permit. An increase to the not propose any regulatory changes to Enforcement Response Plans (ERPs) higher tiered MAIL (provided for in the covering local notice because, as noted should be processed as non-substantial approved local limits) would not require in the preamble to the proposal, the modifications. Most commenters a program modification. Agency believed this option is available Another POTW stated that the supported the proposed list of under the existing regulations. Several definition of MAIL was problematic substantial modifications, which did not comments confirmed EPA’s position on because many POTWs do not know the include ERPs. Only two commenters, the adequacy of local notice to achieve contribution of commercial users. While both of which were State Approval the purposes of § 403.11(b)–(f). EPA has the comment raises an important issue Authorities, supported treating revisions decided, as one commenter specifically in local limit development, it is beyond to ERPs as substantial modifications. recommended, to formally codify this the scope of today’s rule. POTWs must One thought that all such changes position by including specific language determine the background level of a should be treated as substantial in Part 403. 40 CFR 403.18(c)(4). pollutant before they can determine the modifications. The other thought that Under today’s rule, Approval maximum level that their industrial such changes should be substantial Authorities remain ultimately users may discharge. unless the State had a model ERP. responsible for assuring the publication One commenter stated that a switch Today’s rule does not require all of the notice. POTWs are not required from local limits expressed as modifications of ERPs to be processed as to provide the notice described in concentration to local limits expressed substantial modifications. § 403.11. Today’s rule leaves POTWs as mass should be considered non- ERPs are standard operating and Approval Authorities free to substantial if the change does not procedures or policies that implement negotiate arrangements for the increase the total mass. Similarly, one existing legal authorities. An ERP publication of the required notice. In the commenter stated that a switch from should not be used to create additional absence of voluntary and adequate concentration-based or mass-based local authorities for a POTW, nor should an notice by the POTW, the Approval limits to controls based on Best ERP relax existing authorities. Where an Authority would still be required to Management Practices (BMPs) should be ERP does conflict with the POTW’s legal provide the notice. In order for a local considered non-substantial. Another authority, the ERP would have to be POTW public notice to substitute for an commenter took the opposite view and changed to be consistent with the Approval Authority notice, the local argued that only reallocations of POTW’s legal authority, the POTW’s notice must meet the requirements of existing MAILs should be non- legal authority may be revised through § 403.11(b)(1). Today’s rule merely substantial. EPA agrees that, in most the modification process. acknowledges that Approval Authorities instances, the initial adoption of a MAIL As with all non-substantial may find the notice provided by POTWs or BMP will be a substantial modifications, Approval Authorities to be legally adequate. 40 CFR modification where it replaces a retain the flexibility to designate them 403.18(c)(4). different form of local limits. Unless the as substantial where appropriate. Some One industry trade association argued mass-based limit or BMP is specifically Approval Authorities may elect to treat that local procedures were not adequate. tied to an existing concentration limit, all modifications to ERPs as substantial. The commenter noted that there was no Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38411 record that most significant changes are modifications. One industry commenter affirmative approval by the Authority worked out in advance at the local level. stated that the content of public notices within 45 days. One reason that EPA The commenter asserted that a more is not adequate for business to know proposed to eliminate the provision that objective forum is needed than the local what is being proposed. The commenter non-substantial modifications could be forums, where decisions are diverse and recommended that POTWs be required deemed approved was that the proposal not always based on environmental to directly notify businesses and to hold would also have expanded the list of considerations. Because local seminars to educate the businesses. One non-substantial modifications to include participation varies, the commenter POTW supported allowing POTWs to most modifications currently classified asserted that § 403.18 is needed to level provide notice but specifically opposed as substantial. In addition, reducing the the playing field. requiring POTWs to educate the public period of review to 45 days might have EPA agrees that Approval Authority on the importance of the program. EPA resulted in a greater number of review of modifications helps assure believes that the public notice potentially substantial modifications their consistency with state and federal requirements of § 403.18 are adequate to being deemed approved because of the regulations. State and EPA Approval provide reasonable notice to the public, inability of the Approval Authority to Authorities retain the right to review and that the requirements to make data review them in that time period. modifications under today’s rule publicly available at §§ 2.302 and One commenter summarized the regardless of who issues the notices. 403.14(c) are adequate for the public to flaws with the proposed procedures for The lack of comments on State and EPA educate itself about the program. non-substantial modifications, which issued notices suggests that many issues Notices should contain sufficient other commenters also noted. First, the are resolved at the local level. Approval information to alert the public about proposal would have eliminated all Authorities must assure that notice what is being proposed. While many notice of changes that might be provided at the local level is adequate POTWs do have public education significant. Second, the proposal would and includes an opportunity to request programs, EPA does not believe that it not have allowed the Approval a hearing from the Approval Authority. is necessary to impose an affirmative Authority to decide that a modification is substantial. Third, the proposal 3. Other Changes to Notice obligation on POTWs to educate the would not have specified the outcome Requirements public about the pretreatment program. The Pretreatment Program is a mature of the failure of the Approval Authority Today’s rule includes two additional regulatory program that has operated for to act within 45 days. Fourth, because changes to streamline the detailed over 20 years. the public might not have received notice procedures in § 403.11(b)(1). The An environmental group commented notice of a modification, a change which first change involves the method of that public participation would be was deemed approved might be notice. The second involves who improved if POTWs were required to challenged up to several years later at receives the notice. maintain a mailing list, with annual NPDES permit renewal, frustrating Today’s rule revises solicitation to be on the list, of parties continuity in administration of § 403.11(b)(1)(i)(B) to allow public wanting notice of non-substantial pretreatment programs. notices to be published in any paper of modifications. A similar procedure is The commenter noted that most of the general circulation within the already in place for substantial problems with the proposed regulation jurisdiction served by the POTW. modifications. 40 CFR resulted from EPA’s proposal to Today’s rule revises the current 403.11(b)(1)(i)(A). EPA does not believe redesignate certain modifications from requirement that the paper be in the that this procedure is necessary for non- substantial to non-substantial. If EPA largest daily paper of general substantial modifications, especially in retained the current definitions of circulation. One commenter noted that light of today’s decision to retain most substantial modification, the commenter a weekly paper might be more categories of substantial modifications. noted, there would be no need to allow appropriate for providing notice to a a lengthy review or require affirmative small community. Today’s rule C. Procedures for Non-substantial approval (as opposed to ‘‘deemed’’ conforms the Pretreatment program Modifications approvals) of non-substantial notice requirement with the existing Under the pre-existing regulation, modifications. Finally, the commenter notice requirement for issuance of non-substantial modifications were noted that almost all of the proposed NPDES permits at 40 CFR 124.10(c)(2). deemed approved unless, within 90 streamlining could be accomplished Today’s rule also deletes the days from their submission, the with fewer problems if the regulations requirement from § 403.11(b)(1)(i)(A) Approval Authority decided to review allowed for one notice at the local level. that Approval Authorities always mail them as substantial modifications. Today’s rule incorporates most of notices to designated 208 planning Under today’s rule, Approval these suggestions. As discussed above, Agencies, and Federal and State fish, Authorities have 45 days to act on a fewer modifications will be considered shellfish and wildlife resource agencies. request for non-substantial modification non-substantial than would have been One State commented that, in its by either approving or disapproving it, under the proposal. 40 CFR 403.18(b)(1). experience, no comments are submitted deciding to process it as a substantial Approval Authorities will be given 45 by these agencies. While EPA does not modification, or determining that the days to review non-substantial believe that it is appropriate to request is incomplete and requesting modifications. 40 CFR 403.18(d)(2). If discontinue all notices to these that the POTW provide more supporting the Approval Authority does not agencies, today’s rule provides that the information. 40 CFR 403.18(d). If the disapprove the proposed modification notices may be discontinued if Approval Authority takes no action or determine that it is substantial, the requested by an agency listed in within the 45 days, the modification is modification is deemed approved and § 403.11(b)(1)(i)(A). deemed approved and may be the POTW may implement it. 40 CFR EPA also solicited comment on how implemented by the POTW. 40 CFR 403.18(d)(3). the public might be educated as to the 403.19(d)(3). Today’s rule directs the Approval importance of Pretreatment Program Under the July 30 proposal, non- Authority to notify the POTW within 45 requirements, so that public input will substantial modifications would not be days of receipt of a non-substantial occur in response to notice of program deemed approved, but would require modification of its decision to approve 38412 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations or disapprove the modification, rather D. Changes Reported in Annual Reports III. Regulatory Requirements than the 90 days currently allowed A. Executive Order 12866 under existing § 403.18(b)(2). 40 CFR Today’s rule adopts the proposal to 403.18(b)(2)(ii). Only one commenter allow POTWs to submit changes to their Under Executive Order 12866 (58 FR opposed reducing the period for review industrial user inventory at the time 51735 (October 4, 1993)), the Agency of non-substantial modifications. This they submit their Annual Report. 40 must determine whether the regulatory commenter argued that 45 days might be CFR 403.8(f)(6). The preexisting action is ‘‘significant’’ and therefore inadequate if a modification included a regulations had required such changes subject to review by the Office of revised procedure manual and to be submitted as non-substantial Management and Budget (OMB) and the Enforcement Response Plan. While this modifications and also required that the requirements of the Executive Order. concern is legitimate, EPA believes the industrial user inventory be updated in The Order defines ‘‘significant 45 day period balances the desires of the POTW’s Annual Report to the regulatory action’’ as one that is likely POTWs to modify their programs Approval Authority. to result in a rule that may: expeditiously and the needs of Commenters overwhelmingly (1) Have an annual effect on the Approval Authorities for sufficient time supported this approach. The only economy of $100 million or more or to review proposed modifications. commenter that recommended that it adversely affect in a material way the Several commenters objected to the not be adopted expressed concern that economy, a sector of the economy, proposed elimination of the procedure State inspectors would ‘‘write ’em up’’ productivity, competition, jobs, the by which modifications could be if notification has not been submitted. environment, public health or safety, or deemed approved. One commenter went EPA believes this revision should not State, local, or tribal governments or further and recommended that POTWs hinder State and EPA inspectors. Many communities; should not have to submit non- requirements related to POTW oversight (2) Create a serious inconsistency or substantial modifications in advance. of IUs are annual requirements, and otherwise interfere with an action taken Instead, the commenter suggested that a changes to the list of IUs will still be or planned by another agency; POTW should be able to immediately reported annually. 40 CFR 403.12(i)(1). (3) Materially alter the budgetary implement a modification and the POTWs are still required to maintain a impact of entitlements, grants, user fees, Approval Authority should be allowed current list of their SIUs that Approval or loan programs or the rights and 45 days for an after-the-fact objection. Authorities can use during inspections. obligations of recipients thereof; or Two State commenters, however, 40 CFR 403.8(f)(6). (4) Raise novel legal or policy issues arising out of legal mandates, the opposed having modifications deemed One commenter recommended that President’s priorities, or the principles approved at all. POTWs be required to submit a set forth in the Executive Order. EPA believes that the regulations demonstration that a change in the IU should continue to allow non- It has been determined that this rule inventory does not necessitate a change substantial modifications to be deemed is not a ‘‘significant regulatory action’’ to its local limits. EPA believes that it approved. Today’s rule specifies that under the terms of Executive Order is not necessary to add this requirement POTWs may implement the proposed 12866 and is therefore not subject to to the regulations. POTWs should modification if the Approval Authority OMB review. anticipate the need for a new local limit does not disapprove it within 45 days. analysis where appropriate, and B. Executive Order 12875 40 CFR 403.18(d)(3). Unlike the existing Approval Authorities should consider rule, however, today’s rule allows the Under Executive Order 12875 (58 FR this issue in their reviews. Approval Authority to disapprove a 58093 (October 28, 1993)), entitled non-substantial modification without EPA also solicited comment on ‘‘Enhancing the Intergovernmental going through the substantial whether other modifications should be Partnership,’’ the Agency is required to modification procedures. 40 CFR reported retroactively by the POTW to develop an effective process to permit 403.18(d)(2). If the Approval Authority the Approval Authority in the POTW’s elected officials and other needs additional information to review annual report rather than in advance. representatives of State, local, and tribal a proposed modification, it should Two commenters recommended that governments to provide meaningful and notify the POTW that the request is changes that do not result in the POTW timely input in the development of disapproved until the information is doing less than its permit requires be regulatory proposals. received and reviewed. This process reported in the annual report. One EPA sought the involvement of those should allow the Approval Authority commenter recommended that all non- persons who are intended to benefit and POTW to resolve matters more substantial changes be reported in the from or expected to be burdened by this efficiently than the current process, annual report. One State, however, rule before issuing the notice of which requires the Approval Authority opposed reporting modifications in the proposed rulemaking. Following to process as a substantial modification annual report because of the risk that informal consultation in May 1994, EPA any modification that it proposes to the State would subsequently overrule circulated a draft proposal to interested disapprove. the modification. Today’s rule allows a persons, including States, POTWs and EPA solicited comment on whether modification to be reported for the first trade and environmental organizations. only certain categories of non- time in the POTW’s annual report only EPA received approximately 20 substantial modifications could be if the modification does not result in the comments, which were addressed in the deemed approved if not disapproved by POTW doing less than is currently proposal and today’s rule. The Agency the Approval Authority within 45 days. described in its Approved Program as made several presentations outlining Commenters did not support this incorporated in the POTW’s NPDES possible revisions to the pretreatment approach. EPA is not adopting this permits. 40 CFR 403.12(i)(4). If the regulations to a number of stakeholder approach and believes it is unnecessary activity is not compelled by the POTW’s groups, including Regional, State and in light of its decision to exclude from permit and does not result in the POTW POTW personnel. EPA encouraged these the list of non-substantial modifications doing less than the permit requires, the groups to provide formal input to the those modifications that are more likely POTW should be free to report it in its proposed regulatory streamlining to be of concern if deemed approved. annual report. process. In addition, the Agency Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38413 provided notice of the availability of the As previously explained, today’s rule effective or least burdensome alternative draft proposal for review and comment amends the current requirements that achieves the objectives of the rule. in the September 1994 issue of the applicable to all POTWs that must have The provisions of section 205 do not ‘‘Water Environment & Technology,’’ an approved pretreatment program. The apply when they are inconsistent with the principal publication of the Water modifications promulgated here only applicable law. Moreover, section 205 Environment Federation. change the procedures that a State or allows EPA to adopt an alternative other EPA published the proposed rule in EPA must follow in approving changes than the least costly, most cost-effective the July 30, 1996, Federal Register to a POTW’s Approved Pretreatment or least burdensome alternative if the document (61 FR 39804). EPA mailed Program. The effect of these changes is, Administrator publishes with the final notice of the proposal and summaries of therefore, deregulatory. It will reduce rule an explanation why that alternative the preamble to the stakeholders the burden on affected POTWs of was not adopted. identified in the Communication obtaining approval for program Before EPA establishes any regulatory Strategy for the proposed rule. EPA modifications. Consequently, EPA’s requirements that may significantly or received 25 comments on the proposal action today will either reduce or not uniquely affect small governments, and responds to those comments in change the cost to affected small including tribal governments, it must today’s preamble. Copies of all governmental entities of complying with have developed under section 203 of the comments received relating to this the pretreatment regulations as UMRA a small government agency plan. rulemaking are included in the docket compared with the currently effective The plan must provide for notifying for this rule. procedural requirements. In no event, potentially affected small governments, however, will today’s changes increase enabling officials of affected small C. Regulatory Flexibility Act the economic costs of compliance. governments to have meaningful and The Regulatory Flexibility Act (RFA), For this reason, I am certifying that timely input in the development of EPA 5 U.S.C. 601 et seq., provides that, when today’s rule will not have a significant regulatory proposals with significant an agency promulgates a final rule economic effect on a substantial number Federal intergovernmental mandates, under section 553 of the Administrative of small entities. and informing, educating, and advising small governments on compliance with Procedure Act after being required by D. Paperwork Reduction Act that section to publish a general notice the regulatory requirements. Today’s rule is designed specifically Today’s rule contains no Federal of proposed rulemaking for a proposed to streamline the regulatory process and mandates (under the regulatory rule, the agency must prepare a final does not impose any additional provisions of Title II of the UMRA) for regulatory flexibility analysis (FRFA). information collection requirements on State, local, or tribal governments or the The agency must prepare a FRFA for a either the Approval Authorities or the private sector. The rulemaking is final rule unless the head of the agency POTWs. Therefore, EPA did not prepare basically ‘‘deregulatory’’ in nature and certifies that it will not have a an Information Collection Request (ICR) does not impose any additional burdens significant economic impact on a document for approval by the Office of on the affected State, local or tribal substantial number of small entities. Management and Budget. governments. As the preceding When EPA proposed this rule, the The information collection preamble language demonstrates, EPA Administrator certified, pursuant to requirements being streamlined were considered alternatives to the proposed section 605(b) of the RFA, that it would approved by the Office of Management changes in the regulations governing not have a significant economic impact and Budget under control number 2040– modification of a POTW’s pretreatment on a substantial number of small 0009, which was last approved on program. entities. In today’s final rule, the October 18, 1996. The reductions in This rule will provide flexibility to Administrator is certifying that the final burden achieved by today’s rule will be the regulated community. It does not rule will not have a significant reflected when the ICR approval is impose any new requirements, so costs economic impact on a substantial revised during its regular triennial to the regulated community should number of small entities. review. remain unchanged or be minimal. The RFA defines ‘‘small entity’’ to Therefore, EPA has determined that an mean a small business, small E. Unfunded Mandates Reform Act unfunded mandates statement is organization or small governmental Title II of the Unfunded Mandates unnecessary. jurisdiction. RFA section 601(5) defines Reform Act of 1995 (UMRA), P.L. 104– EPA has determined that this rule the term ‘‘small governmental 4, establishes requirements for Federal contains no regulatory requirements that jurisdiction’’ as the government of agencies to assess the effects of their might significantly or uniquely affect cities, counties, towns, townships, regulatory actions on State, local, and small governments. As previously villages, school districts or special tribal governments and the private stated, EPA believes that the rule will districts with a population of less than sector. Under section 202 of the UMRA, reduce the regulatory burden on all 50,000 unless an agency proposes to use EPA generally must prepare a written governmental agencies operating and publishes an alternative definition statement, including a cost-benefit POTWs. This overall reduction will be that is appropriate to the agency’s analysis, for proposed and final rules applied across the board to all POTWs, activities. Today’s rule revises with ‘‘Federal mandates’’ that may with attendant benefits being provided requirements applicable only to result in expenditures by State, local, to both large and small governments. publicly owned treatment works and tribal governments, in the aggregate, Although EPA cannot document the (POTW). The only RFA ‘‘small entity’’ or by the private sector, of $100 million effects for each and every POTW, that may be affected by EPA adoption of or more in any one year. Before smaller governments may benefit the these changes to the pretreatment promulgating an EPA rule for which a most from the proposed modifications. regulations is a small governmental written statement is needed, section 205 The avoided compliance costs attendant jurisdiction with a population of less of the UMRA generally requires EPA to to modifying their programs may be a than 50,000 that owns and operates a identify and consider a reasonable larger percentage of their total operating POTW required to develop a number of regulatory alternatives and budgets than those costs borne by the pretreatment program. adopt the least costly, most cost- larger POTWs. 38414 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations

In compliance with E.O. 12875 and modification of a POTW’s NPDES not been previously reported to the section 203 of the UMRA, EPA Permit for the purposes of incorporating Approval Authority; and conducted a wide outreach effort and a POTW Pretreatment Program * * * * * actively sought the input of approved in accordance with the 5. Section 403.18 is revised to read as representatives of state, local and tribal procedure in § 403.11 shall be deemed follows: governments in the process of a minor Permit modification subject to developing the proposed regulation. the procedures in 40 CFR 122.63. § 403.18 Modification of POTW pretreatment programs. Agency personnel have communicated * * * * * with State and local representatives in (f) * * * (a) General. Either the Approval a number of different forums. (6) The POTW shall prepare and Authority or a POTW with an approved maintain a list of its industrial users POTW Pretreatment Program may F. Submission to Congress and the meeting the criteria in § 403.3(u)(1). The initiate program modification at any General Accounting Office list shall identify the criteria in time to reflect changing conditions at Under 5 U.S.C. 801(a)(1)(A) as added § 403.3(u)(1) applicable to each the POTW. Program modification is by the Small Business Regulatory industrial user and, for industrial users necessary whenever there is a Enforcement Fairness Act of 1996, EPA meeting the criteria in § 403.3(u)(ii), significant change in the operation of a submitted a report containing this final shall also indicate whether the POTW POTW Pretreatment Program that differs rule revising procedures for has made a determination pursuant to from the information in the POTW’s modification of approved pretreatment § 403.3(u)(2) that such industrial user submission, as approved under § 403.11. programs (and other required should not be considered a significant (b) Substantial modifications defined. information) to the U.S. Senate, the U.S. industrial user. The initial list shall be Substantial modifications include: House of Representatives and the submitted to the Approval Authority (1) Modifications that relax POTW Comptroller General of the General pursuant to § 403.9 as a non-substantial legal authorities (as described in Accounting Office prior to publication modification pursuant to § 403.18(d). § 403.8(f)(1)), except for modifications of the rule in today’s Federal Register. Modifications to the list shall be that directly reflect a revision to this This rule is not a ‘‘major rule’’ as submitted to the Approval Authority Part 403 or to 40 CFR chapter I, defined by 5 U.S.C. 804(2). pursuant to § 403.12(i)(1). subchapter N, and are reported pursuant 3. Section 403.11 is amended by to paragraph (d) of this section; List of Subjects in 40 CFR Part 403 revising paragraphs (b)(1)(i) (A) and (B) (2) Modifications that relax local Environmental protection, to read as follows: limits, except for the modifications to Confidential business information, local limits for pH and reallocations of § 403.11 Approval procedures for POTW the Maximum Allowable Industrial Reporting and recordkeeping pretreatment program and POTW granting requirements, Waste treatment and of removal credits. Loading of a pollutant that do not disposal, Water pollution control. increase the total industrial loadings for * * * * * the pollutant, which are reported Dated: July 10, 1997. (b) * * * pursuant to paragraph (d) of this (1) * * * Carol M. Browner, section. Maximum Allowable Industrial Administrator. (i) * * * (A) Mailing notices of the request for Loading means the total mass of a For the reasons set out in the approval of the Submission to pollutant that all Industrial Users of a preamble, chapter I of title 40 of the designated 208 planning agencies, POTW (or a subgroup of Industrial Code of Federal Regulations is amended Federal and State fish, shellfish and Users identified by the POTW) may as follows: wildfish resource agencies (unless such discharge pursuant to limits developed agencies have asked not to be sent the under § 403.5(c); PART 403ÐGENERAL (3) Changes to the POTW’s control PRETREATMENT REGULATIONS FOR notices); and to any other person or group who has requested individual mechanism, as described in EXISTING AND NEW SOURCES OF notice, including those on appropriate § 403.8(f)(1)(iii); POLLUTION mailing lists; and (4) A decrease in the frequency of self- 1. The authority citation for part 403 (B) Publication of a notice of request monitoring or reporting required of is revised to read as follows: for approval of the Submission in a industrial users; newspaper(s) of general circulation (5) A decrease in the frequency of Authority: 33 U.S.C. 1251 et seq. within the jurisdiction(s) served by the industrial user inspections or sampling 2. Section 403.8 is amended by POTW that meaningful public notice. by the POTW; (6) Changes to the POTW’s revising paragraphs (c) and (f)(6) to read * * * * * as follows: 4. Section 403.12 is amended by confidentiality procedures; and (7) Other modifications designated as redesignating paragraph (i)(4) as § 403.8 Pretreatment Program substantial modifications by the paragraph (i)(5), revising paragraph Requirements: Development and Approval Authority on the basis that the (i)(3), and adding a new paragraph (i)(4) Implementation by POTW. modification could have a significant to read as follows: * * * * * impact on the operation of the POTW’s (c) Incorporation of approved § 403.12 Reporting requirements for Pretreatment Program; could result in an programs in permits. A POTW may POTWs and industrial users. increase in pollutant loadings at the develop an appropriate POTW * * * * * POTW; or could result in less stringent Pretreatment Program any time before (i) * * * requirements being imposed on the time limit set forth in paragraph (b) (3) A summary of compliance and Industrial Users of the POTW. of this section. The POTW’s NPDES enforcement activities (including (c) Approval procedures for Permit will be reissued or modified by inspections) conducted by the POTW substantial modifications. the NPDES State or EPA to incorporate during the reporting period; (1) The POTW shall submit to the the approved Program as enforceable (4) A summary of changes to the Approval Authority a statement of the conditions of the Permit. The POTW’s pretreatment program that have basis for the desired program Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules and Regulations 38415 modification, a modified program received by a date specified in the disapprove the non-substantial description (see § 403.9(b)), or such notice; no substantive comments are modification. other documents the Approval received; and the request is approved (3) If the Approval Authority does not Authority determines to be necessary without change. notify the POTW within 45 days of its (4) Notices required by § 403.11 may under the circumstances. decision to approve or deny the be performed by the POTW provided (2) The Approval Authority shall modification, or to treat the approve or disapprove the modification that the Approval Authority finds that the POTW notice otherwise satisfies the modification as substantial under based on the requirements of § 403.8(f) paragraph (b)(7) of this section, the and using the procedures in § 403.11(b) requirements of § 403.11. (d) Approval procedures for non- POTW may implement the through (f), except as provided in substantial modifications. modification. paragraphs (c)(3) and (4) of this section. (1) The POTW shall notify the The modification shall become effective (e) Incorporation in permit. All Approval Authority of any non- modifications shall be incorporated into upon approval by the Approval substantial modification at least 45 days Authority. the POTW’s NPDES permit upon prior to implementation by the POTW, approval. The permit will be modified (3) The Approval Authority need not in a statement similar to that provided to incorporate the approved publish a notice of decision under for in paragraph (c)(1) of this section. modification in accordance with 40 CFR § 403.11(e) provided: The notice of (2) Within 45 days after the 122.63(g). request for approval under submission of the POTW’s statement, § 403.11(b)(1) states that the request will the Approval Authority shall notify the [FR Doc. 97–18860 Filed 7–16–97; 8:45 am] be approved if no comments are POTW of its decision to approve or BILLING CODE 6560±50±M federal register July 17,1997 Thursday Notices Rehabilitation Short-TermTraining; Education Department of Part IV 38417 38418 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices

DEPARTMENT OF EDUCATION rehabilitation—that should be included meet the mandatory participant fee as focal points in the development of established by the institute. RIN 1820±ZA09 leadership training. Changes: None. Rehabilitation Short-Term Training Discussion: The Secretary agrees with Comment: One commenter suggested the importance of both of these topics to that, since the proposed leadership AGENCY: Office of Special Education and the public program of vocational institute must coordinate with State VR Rehabilitative Services, Department of rehabilitation. The first, client choice, in-service training programs and Education. was recommended as an example of an Rehabilitation Continuing Education ACTION: Notice of final priority for fiscal issue to be addressed in the proposed Programs (RCEPs), they should be year 1997. priority. The issue of private sector represented on the advisory committee. relationships was not used as an Discussion: The Secretary agrees that SUMMARY: The Secretary announces a example, but the Secretary points out the perspective from both the in-service final funding priority for fiscal year that there may be many issues of high training program and the RCEPs should 1997 under the Rehabilitation Short- importance to the public vocational be represented on the advisory Term Training program. The Secretary rehabilitation program, and opinions committee as they are a very significant takes this action in order to improve the will differ as to which is more source of training for State agency staff. leadership among top-level managers important. That is why the advisory State VR agency administrators are and administrators of the State committee for the leadership institute is represented on the proposed advisory Vocational Rehabilitation (VR) Services charged with final selection of issues committee, but the Secretary agrees that program. that the institute will address through it also would be important to include EFFECTIVE DATE: This priority takes effect its training. Given the diversity of views the State VR agency training specialist on August 18, 1997. reflected on the advisory committee, the perspective. Likewise, RCEP FOR FURTHER INFORMATION CONTACT: most critical issues should surface as representation was not specifically Sylvia Johnson, U.S. Department of the appropriate foci for the institute. mentioned in the priority, but the Education, 600 Independence Avenue, Increasing client choice and Secretary agrees it should also be SW., Room 330 Switzer Building, relationships with private sector included. Washington, DC 20202–2649. rehabilitation may be among them. Changes: The priority has been Telephone: (202) 205–9312. Deaf and Changes: None. changed to require the inclusion of both hearing impaired individuals may call Comment: Two commenters suggested RCEP and State agency training (202) 205–8133 for TDD services. that private sector rehabilitation specialist representation on the advisory Internet: [email protected] professionals be included as training committee. SUPPLEMENTARY INFORMATION: This participants. Comment: Two commenters notice contains a final priority under the Discussion: The Secretary points out identified specific models of leadership Rehabilitation Short-Term Training that the priority was established in (e.g., Total Quality Management, the program. This program supports special response to a specific need for training Bass Model of Transformational seminars, institutes, workshops, and of public vocational rehabilitation Leadership, or models that focus on other short-term courses in technical professionals and their unique needs. behavioral characteristics of leadership) matters relating to vocational, medical, The Rehabilitation Services that should be incorporated into the social, and psychological rehabilitation Administration (RSA) recently activities of the leadership institute. programs, independent living services established 10 community rehabilitation Discussion: The Secretary agrees that programs, and client assistance program continuing education centers. there are many excellent models of programs. These centers train staff of community leadership training that could be On May 20, 1997 the Secretary rehabilitation programs that have a incorporated into the training curricula published a notice of proposed priority service arrangement with a State of the institute. It is the Secretary’s for this program in the Federal Register vocational rehabilitation agency to expectation that applicants for this (62 FR 27680). provide services to individuals with institute will propose those that are disabilities served by the State agency. most appropriate for leaders in the field Note: This notice of final priority does not These centers provide a broad, of rehabilitation. Peer reviewers will solicit applications. A notice inviting applications under this competition is integrated sequence of training activities consider the appropriateness of models published in a separate notice in this issue on a variety of issues, which may in assessing the applications. of the Federal Register. include leadership training. Changes: None. Changes: None. Comment: One commenter suggested Analysis of Comments and Changes Comment: One commenter pointed that the competition should include an In response to the Secretary’s out that in-service training grants would efficient means for determining whether invitation in the notice of proposed already have been awarded, along with the leadership models selected for the priority, seven parties submitted negotiated three-year budgets, and training institute apply to the field of comments. An analysis of the comments suggested that RSA should allow rehabilitation. and of the changes in the priority since flexibility in renegotiating in-service Discussion: As previously noted, the publication of the notice of proposed training grants to help pay for the States’ Secretary expects that the applicants priority follows. Technical and other share of leadership training activities. will propose leadership models that are minor changes—and suggested changes Discussion: The Secretary makes clear most appropriate for the field of the Secretary is not legally authorized to that the institute is responsible for rehabilitation. In addition, the Secretary make under the applicable statutory determining the fee for each participant points out that the selection criteria for authority—are not addressed. in the leadership training program. The the Short-Term Training program Comment: Two commenters Secretary did not specify that States include ‘‘Relevance to the State-Federal identified two specific issues— must use dollars from their in-service rehabilitation service program.’’ Within increasing client choice and training grants for this purpose. It is up the context of the purpose of the grant, relationships with private sector to each State to determine how it will leadership training for public vocational Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices 38419 rehabilitation administrators, this with both the current wording of the The project must employ a should adequately address the concern. priority and the comment. curriculum that includes several levels Changes: None. Changes: None. of training to meet the needs of Comment: Two commenters suggested audiences ranging from new State Priority specific training approaches (e.g., administrators and directors to seasoned mentoring, distance learning, Under 34 CFR 75.105(c)(3) and administrators and directors. The competency based training) that should section 302(a)(1) of the Rehabilitation project’s curriculum must include be incorporated into the curriculum of Act of 1973, as amended, the Secretary sequential courses that allow for leadership training. gives an absolute preference to repeated practice of newly learned skills Discussion: The Secretary agrees that applications that meet the following over time, with performance feedback. there are many excellent training priority. The Secretary funds under this The project must provide training in a approaches that could be incorporated competition only applications that meet peer setting. into the curriculum of the leadership this absolute priority: The project must coordinate its institute. It is the Secretary’s training activities with activities National Rehabilitation Leadership conducted under the State VR In- expectation that applicants will propose Institute those that are most appropriate for their Service Training program and the particular project. Background Rehabilitation Continuing Education Program. These programs are also Changes: None. The Secretary has determined that it charged with improving the leadership Comment: Two commenters suggested is in the best interest of the State VR skills of State agency personnel. that training should support the needs Services program to develop one Therefore, collaboration and of mid-level managers and supervisors national leadership training institute in addition to top-level managers and coordination are necessary. that focuses on leadership skills as The project must establish an administrators. applied to the unique issues facing State advisory committee that includes RSA Discussion: The Secretary believes VR agencies. Progressive levels of central and regional office that supervisory and mid-level training are needed to meet the varying representatives, representatives of State management training is different from needs of top-level managers and VR agency administrators and trainers, leadership training—supervision and administrators. An advisory committee rehabilitation counselors, VR clients, mid-level management relate more will provide input into the curriculum Regional Continuing Education Centers, generally to improving day-to-day and direction concerning which issues other educators and trainers of VR performance while leadership training the institute will address. Participating personnel, and others as determined to moves groups of employees in new State agencies will be required to be appropriate by the grantee and RSA. directions and toward realizing provide some degree of support to the This committee must provide organizational visions. The current program, as determined by the institute. substantial input on and direction to the system of RCEPs and in-service training The institute will evaluate its training curriculum, including the can provide supervisory training. The performance and report on progress specific VR issues to be incorporated. leadership institute will focus on annually. The notice of proposed The project must include an leadership training for top-level priority published on May 20, 1997 in evaluation component based upon clear, managers and administrators. the Federal Register (62 FR 27680) specific performance and outcome Changes: None. includes more detail on the background measures. The results must be reported Comment: One commenter suggested related to this priority. in its annual progress report. that the priority should require more Priority The project must provide for some than one leadership institute. degree of participant contribution to Discussion: The Secretary has The Secretary will establish a training costs. determined that in order to ensure National Rehabilitation Leadership consistency of training and to ensure Institute that will focus on developing Goals 2000: Educate America Act consistent substantial involvement of the leadership skills of top-level The Goals 2000: Educate America Act the Department with the institute, one managers and administrators in State (Goals 2000) focuses the Nation’s leadership institute best meets the VR agencies. The project must have education reform efforts on the eight Department’s needs. The Secretary also plans for addressing the leadership National Education Goals and provides points out that an advisory committee, needs in all VR agencies funded under a framework for meeting them. Goals jointly selected by RSA and the the Act. 2000 promotes new partnerships to institute, will be selected specifically to The project must employ a strengthen schools and expands the maintain the responsiveness of the curriculum that focuses on the Department’s capacities for helping institute and to keep it current in its development of leadership skills and on communities to exchange ideas and content and approach. the application of those skills to current obtain information needed to achieve Changes: None. challenges and issues in the VR the goals. Comment: One commenter suggested program. The project must be capable of This final priority would address the that the background section of the structuring leadership curricula around National Education Goal that every priority should recognize the need for current VR issues of national adult American will be literate and will improving processes in order to achieve significance, such as using VR standards possess the knowledge and skills high quality outcomes. and indicators to assess and improve necessary to compete in a global Discussion: The Secretary believes agency performance, coordinating economy and exercise the rights and that the substance of the comment is effectively with generic employment responsibilities of citizenship. The final consistent with the intent of the and training programs, and increasing priority furthers the objectives of this statements in the background section. client choice. Actual issues will be Goal by focussing available funds on The context of the wording makes clear determined by the advisory committee projects that improve the leadership that State agency emphasis should be (described later in this notice) and the skills of top administrators of State VR placed on outcome. This is consistent Secretary. agencies, which will improve the 38420 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Notices responsiveness of the VR system to program provides Federal support for Federal Register, applies to this adults with disabilities and their developing and conducting special competition. vocational pursuits. seminars, institutes, workshops, and For Applications Contact: The Grants technical instruction in areas of special Intergovernmental Review and Contracts Services Team, U.S. significance to the delivery of Department of Education, 600 This program is subject to the vocational, medical, social, and Independence Avenue, SW., Room 3317 requirements of Executive Order 12372 psychological rehabilitation services. Switzer Building, Washington, DC and the regulations in 34 CFR Part 79. Eligible Applicants: States and public The objective of the Executive order is or nonprofit agencies and organizations, 20202; or call (202) 205–8351. to foster an intergovernmental including Indian tribes and institutions For Information Contact: Sylvia partnership and a strengthened of higher education, are eligible for Johnson, U.S. Department of Education, federalism by relying on processes assistance under this program. 600 Independence Avenue, SW., Room developed by State and local Deadline for Transmittal of 3320, Switzer Building, Washington, DC governments for coordination and Applications: August 18, 1997. 20202–2649. Telephone: (202) 205– review of proposed Federal financial Deadline for Intergovernmental 9312. Individuals who use a assistance. Review: September 17, 1997. telecommunications device for the deaf In accordance with the order, this Applications Available: July 18, 1997. (TDD) may call the Federal Information document is intended to provide early Available Funds: $250,000. Relay Service (FIRS) at 1–800–877–8339 notification of the Department’s specific Estimated Range of Awards: plans and actions for this program. between 8 a.m. and 8 p.m., Eastern time, $200,000–$250,000. Monday through Friday. Applicable Program Regulations Estimated Average Size of Awards: $250,000. Information about the Department’s 34 CFR Parts 385 and 390. Estimated Number of Awards: 1. funding opportunities, including copies Authority: 29 U.S.C. 774. of application notices for discretionary Note: The Department is not bound by any (Catalog of Federal Domestic Assistance estimates in this notice. grant competitions, can be viewed on Number: 84.246D, Rehabilitation Short-Term the Department’s electronic bulletin Training) Maximum Award: In no case does the board (ED Board), telephone (202) 260– Dated: July 14, 1997. Secretary make an award greater than 9950; on the Internet Gopher Server (at Judith E. Heumann, $250,000 for a single budget period of gopher://gcs.ed.gov;)or on the World 12 months. The Secretary rejects and Assistant Secretary for Special Education and Wide Web (at http://gcs.ed.gov). does not consider an application that Rehabilitative Services. However, the official application notice [FR Doc. 97–18928 Filed 7–16–97; 8:45 am] proposes a budget exceeding this maximum amount. for a discretionary grant competition is BILLING CODE 4000±01±P Project Period: Up to 60 months. the notice published in the Federal Applicable Regulations: (a) The Register. DEPARTMENT OF EDUCATION Education Department General Authority: 29 U.S.C. 774. Administrative Regulations (EDGAR) in Dated: July 14, 1997. [CFDA No.: 84.246L] 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, Judith E. Heumann, Rehabilitation Short-Term Training; 85, and 86; and (b) The regulations for this program in 34 CFR Parts 385 and Assistant Secretary for Special Education and Notice Inviting Applications for New Rehabilitative Services. Awards for Fiscal Year (FY) 1997 390. Priority: The priority in the notice of [FR Doc. 97–18929 Filed 7–16–97; 8:45 am] Purpose of Program: The final priority for this program, as BILLING CODE 4000±01±U Rehabilitation Short-Term Training published elsewhere in this issue of the i

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 381...... 38220 For additional information 523±5227 3 CFR Proclamations: 10 CFR Presidential Documents 6641 (See Executive orders and proclamations 523±5227 Proposed Rules: Proclamation 430...... 36024, 38222 The United States Government Manual 523±5227 7011) ...... 35909 451...... 36025 6763 (See Proclamation 11 CFR Other Services 7011) ...... 35909 104...... 35670 Electronic and on-line services (voice) 523±4534 7011...... 35909 Privacy Act Compilation 523±3187 Executive Orders: 12 CFR TDD for the hearing impaired 523±5229 12721 (See EO 338...... 36201 13054) ...... 36965 790...... 37126 902...... 35948 ELECTRONIC BULLETIN BOARD 12852 (Amended by EO 13053)...... 39945 Proposed Rules: Free Electronic Bulletin Board service for Public Law numbers, 13052...... 35659 9...... 36746 Federal Register finding aids, and list of documents on public 13053...... 39945 202...... 37166 inspection. 202±275±0920 13054...... 36965 250...... 37744 303...... 37748 FAX-ON-DEMAND 5 CFR 325...... 37748 You may access our Fax-On-Demand service. You only need a fax 7201...... 36447 326...... 37748 machine and there is no charge for the service except for long Proposed Rules: 327...... 37748 distance telephone charges the user may incur. The list of 880...... 35693 346...... 37748 documents on public inspection and the daily Federal Register’s 347...... 37748 table of contents are available using this service. The document 7 CFR 351...... 37748 numbers are 7050-Public Inspection list and 7051-Table of 2...... 37485 362...... 37748 Contents list. The public inspection list will be updated 300...... 36967 611...... 38223 immediately for documents filed on an emergency basis. 301...... 36645, 36976 614...... 38223 318...... 36967 620...... 38223 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 630...... 38223 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 455...... 35661, 35662 public inspection may be viewed and copied in our office located 456...... 35666 13 CFR 457...... 35662, 35666 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 123...... 35337 telephone number is: 301±713±6905 946...... 36199 959...... 38203 14 CFR 981...... 37485, 37488 39 ...... 35670, 35950, 35951, FEDERAL REGISTER PAGES AND DATES, JULY 985...... 36646 35953, 35956, 35957, 35959, 1006...... 36650 35337±35658...... 1 36448, 36652, 36978, 37127, 1137...... 35947 35659±35946...... 2 37128, 37130, 37707, 37710, 1220...... 37488 38015, 38017, 38204, 38206 35947±36198...... 3 1381...... 36651 71 ...... 35894, 38208, 38209, 36199±36446...... 7 1437...... 36978 38210, 38211, 38212, 38213 36447±36644...... 8 Proposed Rules: 36645±36964...... 9 121...... 38362 29...... 35452 125...... 38362 36965±37124...... 10 301...... 37159 129...... 38362 37125±37484...... 11 450...... 37000 135...... 38362 37485±37706...... 14 457...... 37000 Proposed Rules: 37707±38014...... 15 920...... 36231, 36743 25...... 37124 38015±38202...... 16 930...... 36020 39 ...... 35696, 35698, 35700, 38203±38420...... 17 981...... 36233 35702, 35704, 35706, 35708, 985...... 36236 35709, 35711, 36240, 36747, 1011...... 36022, 37524 37170, 37778, 37788, 37798, 1137...... 37524 37808 1944...... 36467 71...... 35713, 37172 8 CFR 187...... 38008 401...... 36027 316...... 36447 411...... 36027 Proposed Rules: 413...... 36027 204...... 38041 415...... 36027 417...... 36027 9 CFR 440...... 36028 77...... 37125 Proposed Rules: 15 CFR 317...... 38220 922...... ii Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Reader Aids

Proposed Rules: 31...... 37490 203...... 35420 1201...... 38241 30...... 36242 40...... 37490 922...... 37818 54...... 35904 38 CFR 46 CFR 602...... 35904 109...... 35392 16 CFR 1...... 35969 Proposed Rules: 3 ...... 35421, 35969, 35970 159...... 35392 601...... 35586 1 ...... 35752, 35755, 37818, 9...... 35969 160...... 35392 1000...... 36450 37819, 38197 21...... 35423 199...... 35392 1017...... 36450 301...... 37819, 38197 Proposed Rules: 296...... 37733 17 CFR 19...... 36038 47 CFR 28 CFR 21...... 35454, 35464 200...... 36450 0...... 38028 36...... 37824 Ch. I ...... 36216 228...... 36450 17...... 36984 1...... 37408, 38029 229...... 36450 32...... 37713 39 CFR 59...... 36998 230...... 36450 64...... 35974 3001...... 35424 232...... 36450 29 CFR 68...... 36463 239...... 35338, 36450 73 ...... 36226, 36227, 36699, 1600...... 36447 40 CFR 240...... 35338, 36450 36700, 36701, 36678, 36684, 1650...... 36447 249...... 35338 9...... 37720 36691, 37144, 37145, 37522, 1926...... 37134 260...... 36450 52 ...... 35441, 35681, 36212, 38029, 38030, 38031, 38032, 2200...... 35961 269...... 35338 36214, 37136, 37138, 37494, 38033, 38218 2203...... 35961 37506, 37510, 37722, 37724, 76...... 38029 Proposed Rules: 2204...... 35961 38213 232...... 36467 Proposed Rules: 2520...... 36205 60...... 36664 240...... 36467 Ch. I...... 36752, 38244 2590...... 35904 62...... 36995 249...... 36467 52...... 36476 4000...... 36993 63...... 36460, 37720 68...... 36476 4001...... 35342 70...... 37514 18 CFR 73 ...... 36250, 36756, 37008, 4004...... 37717 81...... 35972, 38213 35...... 36657 38053, 38054, 38245, 38246 4007...... 36663 180 ...... 35683, 36665, 36671, 381...... 36981 80...... 37533 4010...... 36993 36678, 36684, 36691, 37516 19 CFR 4011...... 36993 268...... 37694 48 CFR 4043...... 36993 281...... 36698 101...... 37131 235...... 37146 4071...... 36993 300 ...... 35441, 35689, 35974, 122...... 37131 243...... 37146 4302...... 36993 36997, 37522 201...... 38018 252...... 37146, 37147 403...... 38406 Proposed Rules: 1514...... 37148 30 CFR 721...... 35689, 35690 1515...... 37148 101...... 37526 256...... 36995 Proposed Rules: 1552...... 37148 902...... 35342 20 CFR 52 ...... 35756, 36249, 37007, 1803...... 36704 946...... 35964 416...... 36460 37172, 37175, 37526, 37527, 1804...... 36704 Proposed Rules: 37832 Proposed Rules: 1807...... 36704 206...... 36030 55...... 38047 702...... 35715 1809...... 36704 250...... 37819 60...... 36948 1813...... 36704 21 CFR 935...... 36248 62...... 37008 1815...... 36704 63...... 38053 165...... 36460 31 CFR 1816...... 36704 178...... 36982 70...... 36039, 37533 1819...... 36704 520...... 37711, 37712 285...... 36205 80...... 37338 1822...... 36704 522...... 37713 Proposed Rules: 81...... 38237 1824...... 36704 814...... 38026 103...... 36475 82...... 36428 1825...... 36704 86...... 38053 Proposed Rules: 1827...... 36704 32 CFR 141...... 36100 Ch. I ...... 36243 1832...... 36704 142...... 36100 101...... 36749 176...... 35343 1836...... 36704 180...... 35760 872...... 38231 286...... 35351, 38197 1837...... 36704 186...... 35760 1308...... 37004 706...... 37719 1839...... 36704 260...... 37183 1842...... 36227, 37335 22 CFR 33 CFR 261...... 37183 1844...... 36704 273...... 37183 126...... 37133 27...... 35385 1845...... 36704 300...... 38239 201...... 38026 100 ...... 35387, 35388, 35390, 1852...... 36704 35391 799...... 37833 1853...... 36704 24 CFR 144...... 35392 42 CFR 1870...... 36704 586...... 37478 155...... 37134 Proposed Rules: 67...... 37124 Proposed Rules: 165 ...... 35392, 35393, 35394, 4...... 36250 35395, 35396, 35398, 201...... 36194 44 CFR 7...... 36250 202...... 36194 335398, 35399, 35400, 8...... 36250 207...... 35716 35401, 35402, 35403, 35405, 65...... 37727 12...... 37874 251...... 35716 35680, 35968, 37135 67...... 37729 14...... 37874 252...... 35716 Proposed Rules: Proposed Rules: 15...... 36250, 37874 255...... 35716 84...... 36037 67...... 37834 16...... 36250 266...... 35716 100...... 38042 17...... 36250 45 CFR 950...... 35718 117...... 35453, 38043 19...... 37874 953...... 35718 16...... 38217 22...... 36250 955...... 35718 34 CFR 74...... 38217 27...... 36250 1000...... 35718 222...... 35406 75...... 38217 28...... 36250 1003...... 35718 685...... 35602 95...... 38217 31...... 35900, 36250 1005...... 35718 146...... 35904 32...... 36250 37 CFR 148...... 35904 33...... 37874 26 CFR 201...... 35420 Proposed Rules: 35...... 36250 1 ...... 35673, 37490, 38027 202...... 35420 Ch. XII...... 38241 42...... 36250 Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Reader Aids iii

43...... 36250 355...... 37150 213...... 36138 300...... 38037 44...... 36250 369...... 38034 385...... 36039 648 ...... 36704, 36738, 37154, 45...... 36250 372...... 38035 571...... 36251 37741, 38038 46...... 35900 382...... 37150 594...... 37847 660...... 35450, 36228 49...... 36250 383...... 37150 1002...... 36477 679 ...... 36018, 36739, 36740, 51...... 36250 384...... 37150 1181...... 36480 36741, 37157, 37523, 38039 52 ...... 35900, 36250, 37847 389...... 37150 1182...... 36477, 36480 53...... 36250, 37847 391...... 37150 1186...... 36480 Proposed Rules: 245...... 37185 392...... 37150 1187...... 36477 17...... 35762, 37852 252...... 37185 531...... 37153 1188...... 36477, 36480 285 ...... 36040, 36739, 36872 9903...... 37654 1002...... 35692 600...... 35468 1180...... 35692 50 CFR 622...... 35774 49 CFR Proposed Rules: 17...... 36481, 36482 630...... 38246 173...... 37149 192...... 37008 285 ...... 35447, 36998, 38036, 679...... 37860 193...... 36465 195...... 37008 38037 iv Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Reader Aids

REMINDERS Perishable Agricultural DEFENSE DEPARTMENT Frequency allocations and The items in this list were Commodities Act; Civilian health and medical radio treaty matters: editorially compiled as an aid implementation: program of uniformed Equipment Authorization to Federal Register users. Electronic transmissions as services (CHAMPUS): process; simplification, Inclusion or exclusion from ordinary and usual billing TRICARE retiree dental deregulation, and this list has no legal or invoice statements; program; comments due electronic filing of significance. comments due by 7-21- by 7-24-97; published 6- applications; comments 97; published 6-20-97 24-97 due by 7-21-97; published 5-5-97 Spearmint oil produced in Far EDUCATION DEPARTMENT RULES GOING INTO West; comments due by 7- Television broadcasting: Protection of human subjects; EFFECT JULY 17, 1997 22-97; published 7-7-97 Cable Television Consumer additional protections for AGRICULTURE Protection and children involved in research Competition Act of 1992Ð FEDERAL DEPARTMENT activities; comments due by COMMUNICATIONS Agricultural Research 7-21-97; published 5-22-97 Indecent programming on COMMISSION leased access and Service ENVIRONMENTAL Common carrier services: public, educational, and National Arboretum use; fee PROTECTION AGENCY Foreign participation in U.S. governmental access schedule; 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operators: management: update; comments due adequate and well- Maritime security program West Coast States and by 7-23-97; published controlled studies; (10-year); establishment; Western Pacific 6-23-97 comments due by 7-22- published 7-15-97 fisheriesÐ FEDERAL 97; published 5-8-97 Pacific Coast groundfish; COMMUNICATIONS Food additives: COMMENTS DUE NEXT comments due by 7-22- COMMISSION Adjuvants, production aids, WEEK 97; published 7-7-97 Common carrier services: and sanitizersÐ COMMODITY FUTURES Toll free service access Polyethyleneglycol AGRICULTURE TRADING COMMISSION codes; vanity numbers; akyl(C10-C12) ether DEPARTMENT Commodity option comments due by 7-21- sulfosuccinate, etc.; Agricultural Marketing transactions: 97; published 7-8-97 comments due by 7-24- 97; published 6-24-97 Service Enumerated agricultural Freedom of Information Act: Almonds grown in California; commodities; trade implementation; comments INTERIOR DEPARTMENT comments due by 7-22-97; options; comments due by due by 7-25-97; published Land Management Bureau published 7-7-97 7-24-97; published 6-9-97 6-25-97 Federal regulatory review: Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Reader Aids v

Coal management; procedures; comments minimum guarantee Class E airspace; comments comments due by 7-21- due by 7-22-97; published provision; stepchild due by 7-22-97; published 97; published 5-20-97 5-23-97 annuity eligibility 6-13-97 requirements; comments INTERIOR DEPARTMENT Radiation Exposure TRANSPORTATION due by 7-21-97; published Fish and Wildlife Service Compensation Act; claims: DEPARTMENT Evidentiary requirements; 5-22-97 Endangered and threatened National Highway Traffic definitions and number of SOCIAL SECURITY species: Safety Administration claims filed; comments ADMINISTRATION Baker's larkspur and yellow Motor vehicle safety systems: larkspur; comments due due by 7-22-97; published Supplemental security income: by 7-21-97; published 6- 5-23-97 Overpayment recovery by Occupant crash protectionÐ offset of Federal income 19-97 NUCLEAR REGULATORY Child restraint systems; tax refund; comments due Migratory bird hunting: COMMISSION air bag warning label by 7-23-97; published 6- Radioactive material packaging on rear-facing child Annual hunting regulations 23-97 and Indian tribal proposal and transportation: seats; modification; requests; comments due Vitrified high-level waste; TRANSPORTATION comments due by 7-21- by 7-25-97; published 3- comments due by 7-22- DEPARTMENT 97; published 6-4-97 Coast Guard 13-97 97; published 5-8-97 TREASURY DEPARTMENT Drawbridge operations: INTERIOR DEPARTMENT OCCUPATIONAL SAFETY Michigan; comments due by Alcohol, Tobacco and Minerals Management AND HEALTH REVIEW 7-21-97; published 5-22- Firearms Bureau Service COMMISSION 97 Alcohol, tobacco, and other Royalty management: Practice and procedure: TRANSPORTATION excise taxes: Federal leases; natural gas E-Z Trial pilot program DEPARTMENT Persons acquiring firearms; valuation regulations; implementation and Federal Aviation residency requirements; amendments; withdrawn; simplified proceedings for Administration cross reference; supplemental information adjudicative process; rules comments due by 7-21- comment request; revision; comments due Airworthiness directives: 97; published 4-21-97 comments due by 7-23- by 7-24-97; published 6- Aviat Aircraft Inc.; comments 97; published 6-10-97 24-97 due by 7-25-97; published Persons acquiring firearms; 5-30-97 JUSTICE DEPARTMENT PERSONNEL MANAGEMENT residency requirements; Bell; comments due by 7- comments due by 7-21- Immigration and OFFICE 21-97; published 5-20-97 97; published 4-21-97 Naturalization Service Pay administration: Boeing; comments due by TREASURY DEPARTMENT Immigration: Holiday pay for prevailing 7-21-97; published 6-25- Polish and Hungarian rate employees, premium 97 Fiscal Service pay for nonappropriated parolees; status Bombardier; comments due Debt Collection Improvement fund wage employees, adjustment; comments by 7-21-97; published 5- Act of 1996; debt collection etc.; comments due by 7- due by 7-22-97; published 22-97 authorities: 5-23-97 22-97; published 5-23-97 Fokker; comments due by Collection of delinquent RAILROAD RETIREMENT JUSTICE DEPARTMENT 7-21-97; published 6-10- nontax debt owed to BOARD Bankruptcy Reform Acts of 97 Federal Government; tax 1978 and 1994: Railroad Retirement Act: Raytheon; comments due by refund offset payments; Panel and standing trustees; Family relationships and 7-25-97; published 5-29- comments due by 7-25- suspension and removal social security overall 97 97; published 6-25-97