Tuesday March 26, 1996

Pages 13043±13382 Vol. 61 3±26±96 No. 59 federal register March 26,1996 Tuesday this issue. Raleigh, NC,seeannouncementontheinsidecoverof For informationonbriefingsinWashington,DCand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996

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Contents Federal Register Vol. 61, No. 59

Tuesday, March 26, 1996

Agency for International Development Regattas and marine parades: NOTICES Harborwalk Boat Race, 13119–13120 Agency information collection activities: Miami Super Boat Race, 13122–13123 Proposed collection; comment request, 13213 River Race Augusta, 13120–13122 NOTICES Agricultural Marketing Service Meetings: RULES Navigation Safety Advisory Council and National Boating Fruits, vegetables, and specialty crops; import regulations: Safety Advisory Council, 13225–13226 Avocados, grapefruit, kiwifruit, etc., 13051–13061 Sheep promotion, research, and information program: Commerce Department Referendum results, 13061 See Census Bureau See International Trade Administration Agriculture Department See National Oceanic and Atmospheric Administration See Agricultural Marketing Service See Patent and Trademark Office See Forest Service See Rural Utilities Service Commodity Futures Trading Commission NOTICES Antitrust Division Meetings; Sunshine Act, 13157 NOTICES Agency information collection activities: Consumer Product Safety Commission Proposed collection; comment request, 13215–13216 RULES Appalachian Regional Commission Hazardous substances: Multiple-tube mine and shell fireworks devices; injury RULES Conflict of interests; correction, 13051 risk, 13084–13097

Army Department Customs Service NOTICES NOTICES Meetings: Information dissemination: Science Board, 13158 CD–ROM and Internet formats; microfiche elimination; comment request, 13228–13229 Bonneville Power Administration NOTICES Defense Department Floodplain and wetlands protection; environmental review See Army Department determinations; availability, etc.: See Navy Department Columbia River Basin, OR; hydroelectric projects, 13160– RULES 13161 Acquisition regulations: Naval vessel components, 13106–13108 Census Bureau NOTICES NOTICES Meetings: Agency information collection activities: Science Board task forces, 13157–13158 Proposed collection; comment request, 13152 Education Department Coast Guard PROPOSED RULES RULES Elementary and secondary education: Drawbridge operations: Elementary and Secondary Education Act; Florida, 13098 implementation, 13324–13329 Merchant marine officers and seamen: NOTICES Tankermen and persons in charge of dangerous liquids Grants and cooperative agreements; availability, etc.: and liquefied gases transfers; qualifications; comment Elementary and secondary education— period reopening, 13098–13100 Even start statewide family literacy initiative, 13358– Ports and waterways safety: 13373 Lower Mississippi River; safety zone, 13100 Special education and rehabilitative services— PROPOSED RULES Education of individuals with disabilities; personnel Boating safety: training, 13376–13377, 13380–13381 Boats and associated equipment— Houseboats and other displacement type recreational Employment and Training Administration vessels; propeller injury prevention aboard rental NOTICES boats, 13123–13125 Adjustment assistance: International Conventions on Standards of Training, American Olean Tile Co., Inc., 13219–13220 Certification and Watchkeeping for Seafarers (STCW Christian Fashions, 13220 78): Eastland Woolen Mill, Inc., et al., 13220 Licensing, documentation, and manning, 13284–13320 Major League, Inc., 13220 IV Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Contents

McAllen Separation Co., 13220 Federal Communications Commission TRW, Inc., 13220–13221 PROPOSED RULES Personal communications services: Broadband D, E, and F blocks; license awards, 13133– Energy Department 13144 See Bonneville Power Administration NOTICES See Federal Energy Regulatory Commission Applications, hearings, determinations, etc.: See Hearings and Appeals Office, Energy Department Cen-Ten Productions, Inc., 13192 NOTICES Oakhill-Jackson Economic Development Corp., 13192– Committees; establishment, renewal, termination, etc.: 13193 Secretary of Energy Advisory Board, 13159 Rainy River Community College, 13193 Meetings: Metal Casting Industrial Advisory Board, 13159–13160 Federal Emergency Management Agency NOTICES Environmental Protection Agency Agency information collection activities: Proposed collection; comment request, 13193–13194 RULES Disaster and emergency areas: Air quality implementation plans; approval and New Jersey, 13194 promulgation; various States: New York, 13194 Delaware, 13101 Oregon, 13194 Clean Air Act: Texas, 13194–13195 State operating permits programs— Vermont, 13195 Tennessee, 13101–13103 Hazardous waste: Federal Energy Regulatory Commission Identification and listing— NOTICES Solid waste; definition, 13103–13106 Electric rate and corporate regulation filings: PROPOSED RULES Arizona Public Service Co. et al., 13162–13164 Air programs: Washington Water Power Co. et al., 13164–13166 National emission standards for hazardous air Environmental statements; availability, etc.: pollutants— Consolidated Hydro Maine, Inc., 13166 Owners or operators who construct, reconstruct, or Natural gas certificate filings: modify major sources; control technology Koch Gateway Pipeline Co. et al., 13166–13168 requirements, 13125–13129 Williston Basin Interstate Pipeline Co. et al., 13168– Hazardous waste: 13170 Identification and listing— Applications, hearings, determinations, etc.: Solid waste; definition, 13129–13131 AEP Resources Gippsland Power, L.L.C., 13161 Superfund program: Boundary Gas, Inc., 13161 National oil and hazardous substances contingency Indeck Pepperell Power Associates, Inc., 13161–13162 plan— Natural Gas Pipeline Co. of America, 13162 National priorities list update, 13131–13133 Southern Company Services, Inc., 13162 NOTICES Agency information collection activities: Federal Highway Administration Proposed collection; comment request, 13172–13191 RULES Superfund; response and remedial actions, proposed Motor carrier safety standards: settlements, etc.: Driver qualifications— Foote Mineral Superfund Site, PA, 13191–13192 Vision and diabetes temporary waiver grantees; limited Toxic and hazardous substances control: exemptions, 13338–13347 Chemical testing— Data receipt, 13192 Federal Maritime Commission NOTICES Executive Office of the President Freight forwarder licenses: See Management and Budget Office International Logistics Corp. et al., 13195 See Presidential Documents Federal Reserve System RULES Federal Aviation Administration Equal opportunity rules; complaint processing RULES Correction, 13079 Airworthiness directives: NOTICES AlliedSignal Inc., 13079–13083 Banks and bank holding companies: Fokker, 13083–13084 Change in bank control, 13195–13196 PROPOSED RULES Formations, acquisitions, and mergers, 13196 Airworthiness directives: Meetings; Sunshine Act, 13196 AlliedSignal, Inc., 13111–13115 CFM International, 13110–13111 Federal Trade Commission Class E airspace, 13115–13117 NOTICES NOTICES Interlocking directorates: Meetings: Clayton Act Section 8 jurisdictional thresholds, 13196– Aviation Security Advisory Committee, 13226 13197 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Contents V

Prohibited trade practices: NOTICES Cancer Treatment Centers of America, Inc., et al., 13197– Agency information collection activities: 13199 Proposed collection; comment request, 13216 Johnson & Collins Research, Inc., et al., 13199–13202 NW Ayer, Inc., 13202–13205 Interior Department See Land Management Bureau Financial Management Service See National Park Service See Fiscal Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office Fiscal Service NOTICES International Development Cooperation Agency Surety companies acceptable on Federal bonds: See Agency for International Development Carolina Casualty Insurance Co., 13229

Food and Drug Administration International Trade Administration RULES NOTICES Food for human consumption: Export trade certificates of review, 13152–13153 Bottled water— Quality standards, 13258–13270 International Trade Commission PROPOSED RULES NOTICES Food for human consumption: Import investigations: Food labeling— Beryllium metal and high-beryllium alloys from— Nutrient content claims and health clams; special Kazakhstan, 13213–13214 requirements; correction, 13117 Customs rules of origin; international harmonization, 13214–13215 Forest Service NOTICES Justice Department Agency information collection activities: See Antitrust Division Proposed collection; comment request, 13151 See Immigration and Naturalization Service See Justice Statistics Bureau Health and Human Services Department See Prisons Bureau See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health Justice Statistics Bureau NOTICES Health Care Financing Administration Agency information collection activities: NOTICES Proposed collection; comment request, 13216–13217 Agency information collection activities: Grants and cooperative agreements; availability, etc.: Submission for OMB review; comment request, 13205 Criminal justice information policy program, 13217– 13219 Hearings and Appeals Office, Energy Department NOTICES Labor Department Special refund procedures; implementation, 13170–13172 See Employment and Training Administration See Occupational Safety and Health Administration Housing and Urban Development Department RULES Land Management Bureau Board of Contract Appeals: NOTICES Federal Acquisition Streamlining Act— Agency information collection activities: Monetary amount increase, 13280–13281 Proposed collection; comment request, 13208–13211 Environmental criteria and standards: Meetings: Federal regulatory review, 13332–13335 Resource advisory councils— Public and Indian housing: Eastern Washington, 13211 Eviction; lease and grievance procedures, 13272–13273 Real Estate Settlement Procedures Act: Management and Budget Office Unnecessary or illustrative regulations; streamlining; NOTICES Federal regulatory review, 13232–13255 NOTICES Budget rescissions and deferrals, 13350–13356 Grants and cooperative agreements; availability, etc.: Public and Indian housing— National Archives and Records Administration Public housing lease and grievance procedures; notice NOTICES of due process determinations, 13276–13277 Agency records schedules; availability, 13221–13222

Immigration and Naturalization Service National Highway Traffic Safety Administration RULES RULES Immigration: Motor vehicle safety standard: Immigrant petitions— Child restraint systems— Battered or abused spouses and children; classification Rear-facing infant; interaction between child restraints as immediate relative of U.S. citizen or preference and air bags; cutoff devices; correction, 13108– immigrant; self-petitioning, 13061–13079 13109 VI Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Contents

National Institutes of Health Pension Benefit Guaranty Corporation NOTICES PROPOSED RULES Agency information collection activities: Single-employer plans: Proposed collection; comment request, 13205–13206 Reportable Events Negotiated Rulemaking Advisory Meetings: Committee— National Cancer Institute, 13206 Meeting, 13117 National Center for Research Resources, 13206 National Institute of Allergy and Infectious Diseases, Personnel Management Office 13206–13207 NOTICES National Institute of Mental Health, 13207 Agency information collection activities: Research Grants Division special emphasis panels, Proposed collection; comment request, 13223 13207–13208 Presidential Documents National Labor Relations Board EXECUTIVE ORDERS NOTICES Committees; establishment, renewal, termination, etc.: Meetings; Sunshine Act, 13222 Mental Retardation, President’s Committee on; continuation (EO 12994), 13047–13049 National Oceanic and Atmospheric Administration Government agencies and employees: RULES Inspectors General; administrative allegations against (EO Fishery conservation and management: 12993), 13043–13045 Bering Sea and Aleutian Islands groundfish, 13109 PROPOSED RULES Prisons Bureau Fishery conservation and management: RULES Northern anchovy, 13148–13149 Inmate control, custody, care, etc.: Salmon fisheries off coast of Alaska, 13149–13150 Medical services— NOTICES Plastic surgery, 13322 Marine mammals: California sea lions impacting winter steelhead; Public Health Service intentional lethal taking, 13153–13155 See Food and Drug Administration Meetings: See National Institutes of Health North Pacific Fishery Management Council, 13155 Pacific Fishery Management Council, 13155–13156 Reclamation Bureau Western Pacific Fishery Management Council, 13156 NOTICES Environmental statements; availability, etc.: National Park Service Tongue River Basin Project, MT, 13212–13213 NOTICES National Register of Historic Places: Research and Special Programs Administration Pending nominations, 13211–13212 PROPOSED RULES Pipeline safety: National Transportation Safety Board Hazardous liquid transportation— NOTICES Areas unusually sensitive to environmental damage; Meetings; Sunshine Act, 13222–13223 workshop, 13144–13146 NOTICES Navy Department Meetings: NOTICES Risk management and pipeline industry; public Environmental statements; availability, etc.: conference, 13226–13227 Base realignment and closure— Naval Weapons Industrial Reserve Plant, NY, 13158– Rural Utilities Service 13159 NOTICES Environmental statements; availability, etc.: Nuclear Regulatory Commission Kodiak Electric Association, Inc., 13151–13152 NOTICES Meetings; Sunshine Act, 13222 Securities and Exchange Commission NOTICES Occupational Safety and Health Administration Applications, hearings, determinations, etc.: NOTICES Principal Mutual Life Insurance Co. et al., 13223–13225 Meetings: Transworld Telecommunications, Inc., 13225 Occupational Safety and Health National Advisory Committee, 13221 Surface Mining Reclamation and Enforcement Office PROPOSED RULES Office of Management and Budget Permanent program and abandoned mine land reclamation See Management and Budget Office plan submissions: New Mexico, 13117–13119 Patent and Trademark Office NOTICES Surface Transportation Board Agency information collection activities: PROPOSED RULES Proposed collection; comment request; correction, 13156– Contracts and exemptions: 13157 Boxcar traffic, 13146–13147 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Contents VII

Tariffs and schedules: Part VI Railroad contracts, 13147–13148 Department of Housing and Urban Development, 13280– NOTICES 13281 Rail carriers: Cost recovery procedures— Part VII Adjustment factor, 13227 Department of Transportation; Coast Guard, 13284–13320 Railroad operation, acquisition, construction, etc.: Economic Development Rail Corp. et al., 13227–13228 Part VIII Pioneer Railcorp, 13228 Department of Justice; Bureau of Prisons, 13322

Thrift Supervision Office Part IX NOTICES Department of Education, 13324–13329 Applications, hearings, determinations, etc.: Citizens Savings Bank, F.S.B., 13229 Part X First Federal Bank of Arkansas, FA, 13229 Department of Housing and Urban Development, 13332– Transportation Department 13335 See Coast Guard See Federal Aviation Administration Part XI See Federal Highway Administration Department of Transportation; Federal Highway See National Highway Traffic Safety Administration Administration, 13338–13347 See Research and Special Programs Administration See Surface Transportation Board Part XII Office of Management and Budget, 13350–13356 Treasury Department See Customs Service Part XIII See Fiscal Service Department of Education, 13358–13373 See Thrift Supervision Office Part XIV Department of Education, 13376–13377 Separate Parts In This Issue Part XV Part II Department of Education, 13380–13381 Department of Housing and Urban Development, 13232– 13255 Reader Aids Part III Additional information, including a list of public laws, Department of Health and Human Services; Food and Drug telephone numbers, reminders, and finding aids, appears in Administration, 13258–13270 the Reader Aids section at the end of this issue. Part IV Department of Housing and Urban Development, 13272– 13273 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Part V numbers, Federal Register finding aids, and a list of Department of Housing and Urban Development, 13276– documents on public inspection is available on 202–275– 13277 1538 or 275–0920. VIII Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 46 CFR Executive Orders: 12...... 13098 11776 (Superseded by 13...... 13098 EO 12994)...... 13047 15...... 13098 12805 (See EO 30...... 13098 31...... 13098 12993) ...... 13043 35...... 13098 12993...... 13043 78...... 13098 12994...... 13047 90...... 13098 5 CFR 97...... 13098 1900...... 13051 98...... 13098 7 CFR 105...... 13098 944...... 13051 151...... 13098 980...... 13051 153...... 13098 999...... 13051 154...... 13098 1280...... 13061 Proposed Rules: 10...... 13284 8 CFR 12...... 13284 103...... 13061 15...... 13284 204...... 13061 205...... 13061 47 CFR 216...... 13061 Proposed Rules: 12 CFR 20...... 13133 268...... 13079 24...... 13133 14 CFR 48 CFR 39 (3 documents) ...... 13079, 225...... 13106 13081, 13083 252...... 13106 Proposed Rules: 49 CFR 39 (3 documents) ...... 13110, 391...... 13338 13111, 13113 571...... 13108 71...... 13115 Proposed Rules: 16 CFR 195...... 13144 1500...... 13084 1039...... 13146 1507...... 13084 1313...... 13147 21 CFR 50 CFR 165...... 13258 675...... 13109 Proposed Rules: Proposed Rules: 101...... 13117 662...... 13148 24 CFR 674...... 13149 10...... 13272 20...... 13280 51...... 13332 966...... 13272 3500...... 13232 28 CFR 549...... 13322 29 CFR 2615...... 13117 30 CFR Proposed Rules: 931...... 13117 33 CFR 117...... 13098 154...... 13098 155...... 13098 165...... 13100 Proposed Rules: 100 (3 documents) ...... 13119, 13120, 13122 183...... 13123 34 CFR Proposed Rules: 299...... 13324 40 CFR 52...... 13101 70...... 13101 261...... 13103 Proposed Rules: 63...... 13125 261...... 13129 300...... 13131 13043

Federal Register Presidential Documents Vol. 61, No. 59

Tuesday, March 26, 1996

Title 3— Executive Order 12993 of March 21, 1996

The President Administrative Allegations Against Inspectors General

Certain executive branch agencies are authorized to conduct investigations of allegations of wrongdoing by employees of the Federal Government. For certain administrative allegations against Inspectors General (‘‘IGs’’) and, as explained below, against certain staff members of the Offices of Inspectors General (‘‘OIGs’’), it is desirable to authorize an independent investigative mechanism. The Chairperson of the President’s Council on Integrity and Efficiency (‘‘PCIE’’) and the Executive Council on Integrity and Efficiency (‘‘ECIE’’), in consultation with members of the Councils, has established an Integrity Committee pursuant to the authority granted by Executive Order No. 12805. By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure that administrative allegations against IGs and certain staff members of the OIGs are appropriately and expeditiously investigated and resolved, it is hereby ordered as follows: Section 1. The Integrity Committee. (a) To the extent permitted by law, and in accordance with this order, the Integrity Committee shall receive, review, and refer for investigation allegations of wrongdoing against IGs and certain staff members of the OIGs. (b) The Integrity Committee shall consist of at least the following members: (1) The official of the Federal Bureau of Investigation (‘‘FBI’’) serving on the PCIE, as designated by the Director of the FBI. The FBI member shall serve as Chair of the Integrity Committee. (2) The Special Counsel of the Office of Special Counsel; (3) The Director of the Office of Government Ethics; (4) Three or more IGs, representing both the PCIE and the ECIE, appointed by the Chairperson of the PCIE/ECIE. (c) The Chief of the Public Integrity Section of the Criminal Division of the Department of Justice, or his designee, shall serve as an advisor to the Integrity Committee with respect to its responsibilities and functions in accordance with this order. Sec. 2. Referral of Allegations. (a) The Integrity Committee shall review all allegations of wrongdoing it receives against an IG who is a member of the PCIE or ECIE, or against a staff member of an OIG acting with the knowledge of the IG or when the allegation against the staff person is related to an allegation against the IG, except that where an allegation concerns a member of the Integrity Committee, that member shall recuse himself from consideration of the matter. (b) An IG shall refer any administrative allegation against a senior staff member to the Integrity Committee when: (1) review of the substance of the allegation cannot be assigned to an agency of the executive branch with appropriate jurisdiction over the matter; and (2) the IG determines that an objective internal investigation of the allegation, or the appearance thereof, is not feasible. 13044 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Presidential Documents

(c) The Integrity Committee shall determine if there is a substantial likelihood that the allegation, referred to it under paragraphs (a) or (b) of this section, discloses a violation of any law, rule or regulation, or gross mis- management, gross waste of funds or abuse of authority and shall refer the allegation to the agency of the executive branch with appropriate jurisdiction over the matter. However, if a potentially meritorious administrative allegation cannot be referred to an agency of the executive branch with appropriate jurisdiction over the matter, the Integrity Committee shall certify the matter to its Chair, who shall cause a thorough and timely investigation of the allegation to be conducted in accordance with this order. (d) If the Integrity Committee determines that an allegation does not warrant further action, it shall close the matter without referral for investigation and notify the Chairperson of the PCIE/ECIE of its determination. Sec. 3. Authority to Investigate. (a) The Director of the FBI, through his designee serving as Chairperson of the Integrity Committee, is authorized and directed to consider and, where appropriate, to investigate administrative allegations against the IGs and, in limited cases as described in sections 2(a) and 2(b) above, against other staff members of the OIGs, when such allegations cannot be assigned to another agency of the executive branch and are referred by the Integrity Committee pursuant to section 2(c) of this order. (b) At the request of the Director of the FBI, through his designee serving as Chairperson, heads of agencies and entities represented in the PCIE and ECIE may, to the extent permitted by law, provide resources necessary to the Integrity Committee. Employees from those agencies and entities will be detailed to the Integrity Committee, subject to the control and direction of the Chairperson, to conduct an investigation pursuant to section 2(c): Provided, that such agencies or entities shall be reimbursed by the agency or entity employing the subject of the investigation. Reimbursement for any costs associated with the detail shall be consistent with applicable law, including but not limited to the Economy Act (31 U.S.C. 1535 and 1536), and subject to the availability of funds. (c) Nothing in the above delegation shall augment, diminish, or otherwise modify any existing responsibilities and authorities of any other executive branch agency. Sec. 4. Results of Investigation. (a) The report containing the results of the investigation conducted under the supervision of the Chair of the Integrity Committee shall be provided to the members of the Integrity Committee for consideration. (b) With respect to those matters where the Integrity Committee has referred an administrative allegation to an agency of the executive branch with appropriate jurisdiction over the matter, the head of that agency shall provide a report to the Integrity Committee concerning the scope and results of the inquiry. (c) The Integrity Committee shall assess the report received under (a) or (b) of this section and determine whether the results require forwarding of the report, with Integrity Committee recommendations, to the Chairperson of the PCIE/ECIE for resolution. If the Integrity Committee determines that the report requires no further referral or recommendations, it shall so notify the Chairperson of the PCIE/ECIE. (d) Where the Chairperson of the PCIE/ECIE determines that dissemination of the report to the head of the subject’s employing agency or entity is appropriate, the head of the agency or entity shall certify to the Chairperson of the PCIE/ECIE within sixty 60 days that he has personally reviewed the report, what action, if any, has been or is to be taken, and when any action taken will be completed. The PCIE/ECIE Chairperson may grant the head of the entity or agency a 30-day extension when circumstances necessitate such extension. (e) The Chairperson of the PCIE/ECIE shall report to the Integrity Committee the final disposition of the matter, including what action, if any, has been Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Presidential Documents 13045

or is to be taken by the head of the subject’s employing agency or entity. When the Integrity Committee receives notice of the final disposition, it shall advise the subject of the investigation that the matter referred to the Integrity Committee for review has been closed. Sec. 5. Procedures. (a) The Integrity Committee, in conjunction with the Chairperson of the PCIE/ECIE, shall establish the policies and procedures necessary to ensure consistency in conducting investigations and reporting activities under this order. (b) Such policies and procedures shall specify the circumstances under which the Integrity Committee, upon review of a complaint containing allegations of wrongdoing, may determine that an allegation is without merit and therefore the investigation is unwarranted. A determination by the Integ- rity Committee that an investigation is unwarranted shall be considered the Integrity Committee’s final disposition of the complaint. (c) The policies and procedures may be expanded to encompass other issues related to the handling of allegations against IGs and others covered by this order. Sec. 6. Records Maintenance. All records created and received pursuant to this order are records of the Integrity Committee and shall be maintained by the FBI. Sec. 7. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. œ–

THE WHITE HOUSE, March 21, 1996. [FR Doc. 96–7460 Filed 3–25–96; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Presidential Documents 13047 Presidential Documents

Executive Order 12994 of March 21, 1996 Continuing the President’s Committee on Mental Retardation and Broadening Its Membership and Responsibilities

The President’s Committee on Mental Retardation, established by Executive Order No. 11280 on May 11, 1966, as superseded by Executive Order No. 11776 on March 28, 1974, has organized national planning, stimulated development of plans, policies and programs, and advanced the concept of community participation in the field of mental retardation. National goals have been established to: (1) promote full participation of people with mental retardation in their communities; (2) provide all necessary supports to people with mental retardation and their families for such participation; (3) reduce the occurrence and severity of mental retardation by one-half by the year 2010; (4) assure the full citizenship rights of all people with mental retardation, including those rights secured by such landmark statutes as the Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. 12101 et seq.); (5) recognize the right of all people with mental retardation to self-determination and autonomy, to be treated in a nondiscriminatory manner, and to exercise meaningful choice, with whatever supports are necessary to effectuate these rights; (6) recognize the right of all people with mental retardation to enjoy a quality of life that promotes independence, self-determination, and participation as productive members of society; and (7) promote the widest possible dissemination of information on models, programs, and services in the field of mental retardation. The achievement of these goals will require the most effective possible use of public and private resources. NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2), it is hereby ordered as follows: Section 1. Committee Continued and Responsibilities Expanded. The Presi- dent’s Committee on Mental Retardation (the ‘‘Committee’’), with expanded membership and expanded responsibilities, is hereby continued in operation. Sec. 2. Composition of Committee. (a) The Committee shall be composed of the following members: (1) The Secretary of Health and Human Services; (2) The Secretary of Education; (3) The Attorney General; (4) The Secretary of Labor; (5) The Secretary of Housing and Urban Development; (6) The Chief Executive Officer of the Corporation for National and Community Service (formerly ACTION); 13048 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Presidential Documents

(7) The Commissioner of Social Security; (8) The Chair of the Equal Employment Opportunity Commission; (9) The Chairperson of the National Council on Disability; (10) No more than 21 other members who shall be appointed to the Committee by the President. These citizen members shall consist of individuals who represent a broad spectrum of perspectives, experience, and expertise on mental retardation, and shall include self-advocates with mental retardation and members of families with a child or adult with mental retardation, and persons employed in either the public or the private sector. Except as the President may from time to time otherwise direct, appointees under this paragraph shall have two-year terms, except that an appointment made to fill a vacancy occurring before the expiration of a term shall be made for the balance of the unexpired term. (b) The President shall designate the Chair of the Committee from the 21 citizen members. The Chair shall advise and counsel the Committee and represent the Committee on appropriate occasions. Sec. 3. Functions of the Committee. (a) The Committee shall provide such advice and assistance in the area of mental retardation as the President or Secretary of Health and Human Services may request, and particularly shall advise with respect to the following areas: (1) evaluating and monitoring the national efforts to establish appropriate policies and supports for people with mental retardation; (2) providing suggestions for improvement in the delivery of mental retardation services, including preventive services, the promulgation of effective and humane policies, and the provision of necessary supports; (3) identifying the extent to which various Federal and State programs achieve the national goals in mental retardation described in the preamble to this order and have a positive impact on the lives of people with mental retardation; (4) facilitating liaison among Federal, State, and local governments, foundations, nonprofit organizations, other private organizations, and citizens concerning mental retardation; (5) developing and disseminating such information as will tend to reduce the incidence and severity of mental retardation; and (6) promoting the concept of community participation and development of community supports for citizens with mental retardation. (b) The Committee shall make an annual report, through the Secretary of Health and Human Services, to the President concerning mental retardation. Such additional reports may be made as the President may require or as the Committee may deem appropriate. Sec. 4. Cooperation by Other Agencies. To assist the Committee in providing advice to the President, Federal departments and agencies requested to do so by the Committee shall designate liaison officers to the Committee. Such officers shall, on request by the Committee, and to the extent permitted by law, provide the Committee with information on department and agency programs that do contribute to or could contribute to achievement of the President’s goals in the field of mental retardation. Sec. 5. Administration. (a) The Department of Health and Human Services shall, to the extent permitted by law, provide the Committee with necessary staff, administrative services, and facilities and funding. (b) Each member of the Committee, except any member who receives other compensation from the United States Government, may receive compensation for each day he or she is engaged in the work of the Committee, as authorized by law (5 U.S.C. 3109), and may also receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5701-5707), for persons employed intermittently in the Government service. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Presidential Documents 13049

Committee members with disabilities may be compensated for attendant expenses, consistent with Government procedures and practices. (c) The Secretary of Health and Human Services shall perform such other functions with respect to the Committee as may be required by the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2), except that of reporting to the Congress. Sec. 6. Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency, to the authority of the Committee or as abrogating or restricting any such function in any manner. Sec. 7. Superseded Authority. Executive Order No. 11776 is hereby superseded. œ–

THE WHITE HOUSE, March 21, 1996. [FR Doc. 96–7461 Filed 3–25–96; 8:45 am] Billing code 3195–01–P 13051

Rules and Regulations Federal Register Vol. 61, No. 59

Tuesday, March 26, 1996

This section of the FEDERAL REGISTER to ARC Federal employees concerns DEPARTMENT OF AGRICULTURE contains regulatory documents having general matters of agency organization, practice applicability and legal effect, most of which and procedure. Further, it is in the Agricultural Marketing Service are keyed to and codified in the Code of public interest that the citation be Federal Regulations, which is published under 7 CFR Parts 944, 980 and 999 50 titles pursuant to 44 U.S.C. 1510. corrected as soon as possible. [Docket Nos. FV93±944±3FIR, FV93±980± Executive Order 12866 The Code of Federal Regulations is sold by 1FIR and FV93±999±1FIR] the Superintendent of Documents. Prices of In promulgating this final regulation, Exemptions From Import Regulations new books are listed in the first FEDERAL the Appalachian Regional Commission REGISTER issue of each week. for Specified Fruit, Vegetable and has adhered to the regulatory Specialty Crop Commodities philosophy and the applicable APPALACHIAN REGIONAL principles of regulation set forth in AGENCY: Agricultural Marketing Service, COMMISSION section 1 of Executive Order 12866, USDA. Regulatory Planning and Review. This ACTION: Final rule. 5 CFR Part 1900 final rule has not been reviewed by the Office of Management and Budget under SUMMARY: This rule finalizes, with Repeal of Employee Responsibilities that Executive order, since it deals with modifications, two interim final rules and Conduct Regulations for agency organization, management, and which exempt imported fresh fruit, Appalachian Regional Commission personnel matters and is not in any vegetable and specialty crop Federal Employees (Federal Staff); event deemed ‘‘significant’’ thereunder. commodities from grade, size, quality, Correction and maturity requirements if those Regulatory Flexibility Act commodities are to be used in certain AGENCY: Appalachian Regional specified outlets. The exemptions Commission. The Appalachian Regional correspond to exemptions in effect for ACTION: Final rule; correction. Commission has determined under the the same commodities regulated under Regulatory Flexibility Act (5 U.S.C. SUMMARY: The Appalachian Regional Federal marketing orders. This rule also chapter 6) that this regulation will not finalizes, with modifications, safeguard Commission is correcting one erroneous have a significant impact on small citation in its employee responsibilities procedures which were added to import business entities because it affects only regulations to assure that imported fresh and conduct regulation published on ARC Federal employees. December 7, 1995. commodities are utilized only in such specified exempt outlets. This rule also EFFECTIVE DATE: This final rule is Paperwork Reduction Act effective March 26, 1996. deletes import requirements for Tokay The Appalachian Regional grapes. This rule is implemented in FOR FURTHER INFORMATION CONTACT: Commission has determined that the accordance with section 8e of the Guy Paul Land, Counsel to the Federal Agricultural Marketing Agreement Act Co-Chairman, Appalachian Regional Paperwork Reduction Act (44 U.S.C. of 1937 to make the import regulations Commission, 1666 Connecticut Avenue chapter 35) does not apply because this more consistent with applicable NW., Washington, D.C. 20235, 202–884– regulation does not contain any domestic marketing order exemptions 7660. information collection requirements that require the approval of the Office of and with the North American Free SUPPLEMENTARY INFORMATION: The Management and Budget. Trade Agreement (NAFTA). Exempt Appalachian Regional Commission is uses include, but are not limited to, correcting one erroneous citation to the List of Subjects in 5 CFR Part 1900 processing, livestock feed, and donation Office of Government Ethics (OGE) to charity. executive branchwide standards of Conflict of interest, Government ethical conduct regulation which employees. EFFECTIVE DATE: May 28, 1996. FOR FURTHER INFORMATION CONTACT: appeared in the ARC’s revision to 5 CFR Approved: February 29, 1996. Part 1900, published in the Federal Barbara Schulke or Bill Addington, Jesse L. White, Jr., Register of Thursday, December 7, 1995, telephone (202) 720–4607 and (202) on page 62702. The OGE executive Federal Co-Chairman, Appalachian Regional 720–2412 respectively, Marketing Order branchwide standards of ethical Commission. Administration Branch, Fruit and conduct regulation was erroneously For the reasons set forth in the Vegetable Division, AMS, USDA, P.O. cited as codified at CFR Part 3635. This preamble, the final rule published on Box 96456, room 2523–S, Washington, final rule corrects that citation to read December 7, 1995 (60 FR 62702) is DC 20090–6456, Fax (202) 720–5698. 5 CFR Part 2635. corrected as follows: SUPPLEMENTARY INFORMATION: This rule is issued under section 8e of the Administrative Procedure Act § 1900.100 [Corrected] Agricultural Marketing Agreement Act Pursuant to 5 U.S.C 553(b), the On page 62702, in the third column, of 1937, as amended (7 U.S.C. 601–674) Appalachian Regional Commission in § 1900.100, ‘‘5 CFR part 3635’’ is (Act), which provides that whenever finds good cause exists for waiving the corrected to read ‘‘5 CFR part 2635’’. certain specified commodities, general notice of proposed rulemaking including avocados, grapefruit, as to this final rule. The notice is being [FR Doc. 96–6607 Filed 3–25–96; 8:45 am] kiwifruit, limes, olives, oranges, table waived because this rulemaking relating BILLING CODE 6130±01±M grapes, potatoes, onions, tomatoes, dates 13052 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations and walnuts, are regulated under a would not preempt any State or local published in the Federal Register (58 Federal marketing order, imports of laws, regulations, or policies, unless FR 69182 and 69186, December 30, those commodities must meet the same they present an irreconcilable conflict 1993) with an effective date of January or comparable grade, size, quality, and with this rule. There are no 1, 1994. The two rules amended 7 CFR maturity requirements as those in effect administrative procedures which must parts 944, 980 and 999 and provided a for the domestically produced be exhausted prior to any judicial two-month comment period which commodities. challenge to the provisions of this rule. ended February 28, 1994. A minor The Act further provides that when In accordance with section 8e, correction to part 944 was issued on two or more marketing orders for the imported commodities destined for January 31, 1994 (59 FR 4245). At the same commodity produced in different processing must be given the same or request of industry members, the areas are in effect, the imported comparable treatment as that afforded Department reopened the comment commodity must meet the same grade, domestic commodities destined for period for one additional month (59 FR size, quality, and maturity requirements processing. The Federal marketing 11529, March 11, 1994) for both interim as the commodity produced in the area orders covering avocados, grapefruit, final rules. The reopened comment with which the imported commodity is kiwifruit, limes, olives, oranges, table period closed April 11, 1994. in most direct competition. grapes, potatoes, onions and tomatoes Thirty five comments were received. Some marketing orders provide provide exemptions from established Thirty four comments opposed various exemptions for commodities sold at quality and size requirements if the aspects of the two interim final rules roadside stands, shipped directly to commodity is to be used in certain and one comment favored the interim consumers, or exported. However, such processing outlets. This final rule final rules. The primary concern of most exemptions are not issued for provides similar exemptions for commenters was the use of exemptions commodities offered for importation imported products destined for by processors. Thirty comments were because such outlets are not applicable processing. from members of, or on behalf of, the to import regulations. Marketing Order No. 926 regulating potato, onion and tomato industries in The Department of Agriculture Tokay Grapes Grown in San Joaquin the United States. The one favorable (Department) is issuing this rule in County, California, has been terminated comment was received from the conformance with Executive Order by the Department at the request of the Canadian Produce Marketing 12866. order’s Industry Committee. Thus, the Association. Pursuant to the requirements set forth import requirements for Tokay grapes Several commenters questioned the in the Regulatory Flexibility Act (RFA), established under section 8e of the Act Department’s commitment to the the Administrator of the Agricultural are also terminated. This final rule safeguard program. They claimed that Marketing Service (AMS) has removes all references to Tokay grapes there is no plan to monitor exempt considered the economic impact of this that appeared in the interim final rule shipments and that the AMS lacks action on small entities. personnel to enforce compliance of the The purpose of the RFA is to fit (58 FR 69182). This rule finalizes exemptions for program. regulatory actions to the scale of The AMS is responsible for imported commodities to be utilized in business subject to such actions in order administering Federal fruit, vegetable, other exempt outlets. These exemptions that small businesses will not be unduly and specialty crop marketing order are consistent with section 8e of the Act or disproportionately burdened. programs and the corresponding import which requires imported commodities Marketing orders issued pursuant to the regulations. A number of different to meet the same or comparable Act, and rules issued thereunder, are resources are being utilized to unique in that they are brought about requirements established under the implement and monitor the safeguard through group action of essentially domestic marketing orders for the program, including the Fruit and small entities acting on their own commodities. This rule finalizes, with Vegetable Division’s (Division) behalf. Thus, both statutes have small modifications, amendments to the Marketing Order Administration Branch entity orientation and compatibility. following 7 CFR sections: (MOAB) (which monitors exempt Import regulations issued under the Act 944.28 Avocado import grade regulation, entries), the inspection services of Fresh are based on those established under 944.31 Avocado import maturity regulation, Products Branch and Processed Federal marketing orders. 944.106 Grapefruit import regulation, Products Branch and the AMS The following are updated estimates 944.209 Lime import regulation, Compliance Staff. The Department’s of the number of importers who may be 944.312 Orange import regulation, Animal and Plant Health Inspection 944.401 Olive regulation, affected by this final rule: avocados— 944.503 Table grape import regulation, Service (APHIS), and the U.S. Customs 147, grapefruit—96, kiwifruit—110, 944.550 Kiwifruit import regulation, Service (Customs Service) also must limes—147, olives—15, oranges—96, 980.1 Import regulations; Irish potatoes, review and clear all agricultural table grapes—80, potatoes—74, 980.117 Import regulations; onions, shipments prior to entry into the United onions—148, tomatoes—142, dates— 980.212 Import regulations; tomatoes, States. This rule does not supersede the 164, and walnuts—6. Small agricultural 999.1 Regulation governing the importation Federal Plant Quarantine Act of 1912, service firms, which include importers of dates, and the Federal Food, Drug, and Cosmetic and processors of these commodities, 999.100 Regulation governing imports of Act, or any other applicable laws or have been defined by the Small walnuts. food and sanitary regulations of city, Business Administration (13 CFR Safeguard provisions, added by the county, state or Federal agencies. 121.601) as those having annual receipts interim final rules as §§ 944.350, Every attempt is made to keep of less than $5 million. The majority of 980.501, and 999.500, are modified in importers, known processors, and other these importers may be classified as this final rule to provide that imported exempt receivers aware of these rules small entities. commodities not meeting grade, size, and the safeguard procedures. The This final rule has been reviewed quality, and maturity requirements can interim final rules, exemption forms and under Executive Order 12778, Civil be utilized in specified exempt outlets. updated import summary sheets for the Justice Reform. This rule is not intended The two interim final rules were affected commodities have been sent to to have retroactive effect. This rule issued on December 23, 1993, and all known importers and processors. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13053

Additional exemption forms are sent per violation, against importers and in fresh market channels and there immediately upon request. exempt receivers who violate the import would be no proof of such illegal A compliance plan has been regulations, including safeguard activity. The Department agrees that a developed utilizing follow-up telephone procedures. more timely notification of the release of calls and spot compliance checks of Further, using Customs Service exempt lots into the United States will exempt outlets. Division personnel regulatory authorities (19 CFR part 113), enhance the Department’s ability to currently make telephone calls to the AMS can also request the Customs enforce the safeguard procedures and importers and customs brokers who Service to demand redelivery of a lot ensure compliance with the import initiate the FV–6 ‘‘Importer’s Exempt imported as exempt under section 8e if regulations. The time period should be Commodity Form’’ (FV–6 or FV–6 certification of exempt use has not been short enough to enable the Department, forms) and calls to exempt receivers received by the AMS. Failure to when conducting on-site inspection of who must certify receipt and disposition redeliver the lot is punishable by a receivers’ facilities, to determine of the exempt shipments. The FV–6 was penalty of three times the value of the ultimate disposition of exempt lots. The established under the interim final rule shipment. The AMS is developing a Department believes that a two-day as an integral part of the safeguard computerized data base to identify reporting period will be sufficient for reporting procedures. This final rule exempt shipments for which the mailing reports of entry and exempt modifies the FV–6 (below). reporting process has not been disposition. Thus, this final rule Experience over the last year indicates completed within specified time frames. establishes that original copies of FV–6 that the notification process outlined in This rule does not supersede or replace forms must be submitted by importers, the interim final rules (58 FR pages Customs Service entry procedures. customs brokers, and exempt receivers, 69182 and 69186, December 30, 1993) A few commenters, evidently and such copies must be postmarked no should be modified to ensure that the referring to the $1,000 fine cited on the later than two days after importation or Department is aware of all shipments exemption form, stated that $1,000 is receipt of the commodity shipment entered as exempt under 8e provisions. not a sufficient deterrent to prevent being reported. FV–6 forms must be Under a Memorandum of some from violating the safeguard mailed to the Marketing Order Understanding between the AMS and procedures. However, the $1,000 fine is Administration Branch, USDA, AMS, the Customs Service, AMS will be for making false statements on the form. P.O. Box 96456, room 2523–S, provided import data on all entries of 8e False representation to any Federal Washington, D.C. 20090–6456 commodities. The MOAB has worked agency on any matter within its (telephone (202) 720–4607. FV–6 forms with the fresh and processed products jurisdiction, knowing it to be false, is a submitted by fax must be followed by a inspection offices and the Customs criminal offense and a violation of 18 mailed, original copy of the FV–6. Fax Service to coordinate efforts for an U.S.C. 1001 which provides for a fine or transmissions may be sent to the MOAB effective 8e compliance program. In imprisonment or both. at (202) 720–5698. addition, MOAB maintains an extensive The Department is fully committed to One commenter suggested that the and comprehensive list of importers, enforcing the import regulations. Act should be changed to allow for customs brokers and receivers for Most of the commenters questioned regulation of processors. Amendment of mailing and field audits. Division whether the safeguard procedures the Act would require Congressional representatives attend regional and would prevent substandard product action. In any event, the Food and Drug national importers and customs brokers from entering fresh marketing channels. Administration of the Department of meetings to educate importers and With modifications implemented in this Health and Human Services is Customs Service officials on the final rule, the Department believes that responsible for regulating the requirements of the Act. MOAB enters the enhanced safeguard procedures wholesomeness of processed peanut and reconciles data from the FV–6 represent practicable, aggressive, and products. forms, Customs Service data, and the effective procedures for monitoring One commenter claimed that the inspection service offices, and the exempt shipments. In addition, the Department has reversed its long- PIERS report (Port, Import/Export management staffs of many marketing standing position that section 8e Reporting Service) to identify lots which orders follow similar procedures in requirements cannot be applied to pack enter ports under the exemption rule. monitoring and enforcing special and container requirements. However, Some commenters asked what purpose shipment provisions relating to section 8e of the Act states that penalties would be applied to those who their respective commodities. imported commodities must meet the violate the safeguard procedures. The A few commenters suggested that the grade, size, quality and maturity compliance plan provides for on-the- marketing order committees should be requirements established under spot inspections and checks of allowed to assist the Department with respective marketing orders. Because processors and other exempt outlet enforcement activities. The Department section 8e does not authorize pack and receivers to gather evidence of is responsible for enforcing import container requirements, those violations. Pursuant to section 8e of the regulations and cannot delegate that requirements cannot be applied to Act, the Department can bring legal compliance activity to committee imported commodities. The Department action against those who violate import managers. However, the Department has not changed its position on this regulations. Penalties may be assessed encourages managers to notify the AMS issue. under section 608a(5). Upon conviction, of suspected violations of safeguard Some commenters claimed that the penalties as prescribed in 608c(14)(A) procedures or improper dispositions. exemptions for processing make it easier also may be imposed. Section (14)(A) A few commenters contended that the for imported culls to be used in local provides for fines from $50 to $5,000 reporting deadlines (15 days at the port processing markets than domestic culls per violation, per day, for those of entry and 15 days after receipt by the and that this would have a negative convicted of violating regulations, exempt receiver) are too long for the impact on economically depressed including import regulations. In Department to effectively monitor the production areas that utilize addition, section 608c(14)(B) provides disposition of lots. They stated that domestically produced culls in for administrative adjudication to issue during the 15-day reporting period an processing. However, the objective of civil penalties of up to $1,000 per day, exempt lot could easily be disposed of this rule is that section 8e import 13054 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations regulations and the exemption and to the Department that the person should not act as the agent of the provisions of domestic marketing orders processor agrees to dispose of exempt importer. be the same or comparable. An importer shipments only in approved processing On the basis of comments received, who properly files FV–6 forms when operations. Commenters suggested that review of ongoing safeguard procedures, using imported culls in processing such lists be used to approve or reject and review of the exemption form, the outlets does not violate the import exempt shipments at the port of entry, Department clarifies and modifies some regulation. depending on whether the processor is requirements and procedures specified A few commenters stated that import on the approved list. Commenters on the FV–6 form. These clarifications barriers still exist in some countries and suggested that the approval be granted and modifications are intended to that the import exemption rule gives either by the Customs Service, the eliminate confusion when completing unfair advantage to foreign producers. respective marketing order committee the exemption form, improve the However, the efficacy of this rule in the manager, or the Department. However, functioning of the safeguard process, United States is not dependent on the the Customs Service cannot be expected and improve the compliance capability absence of trade barriers in other to maintain a list of approved processors of the Department. countries. The exemption form may be and to refer to it every time an exempt This final rule establishes that the used for exempt commodities imported shipment is presented for importation. FV–6, Importer’s Exempt Commodity from any country. The interim final Oversight of import regulations cannot Form will be sequentially numbered. rules were issued to be consistent with be delegated to marketing order Sequentially numbered forms will section 8e of the Act, and thus, may be managers. In response to comments, enable the Department to better monitor applied to the specified commodities however, MOAB has obtained use of the form by importers and brokers imported from any country. approved-processor lists for some and enhance compliance efforts by the One commenter, referring to Section commodity committees and is referring Department. The new forms will be A of Annex 703.2 of the NAFTA, stated to the lists as part of MOAB’s mailed to all known importers, customs that the Department ‘‘went beyond the compliance procedures when reviewing brokers and inspection service offices specific requirements of the NAFTA by FV–6 forms. serving major ports of entry. Use of the applying the rule to Canada.’’ The new forms must begin no later than 60 Some commenters cited phytosanitary Department did not intend to imply that days after publication of this final rule concerns in opposing the import Section A of Annex 703.2 applies to in the Federal Register. During exemptions. The commenters believe Mexico, Canada and other countries. unforeseen or emergency situations, a that exempt shipments would enter the Implementation of the NAFTA caused special, sequentially numbered FV–6 United States and not be subject to the Department to review all 8e form can be faxed to an importer or APHIS regulations or inspection. provisions applicable to fruits and customs broker for one-time use. However, exempt shipments, including vegetables. After such review it became Additional copies of the new FV–6 form culls removed from reconditioned fresh apparent that the regulations concerning and single use copies are available on shipments, continue to be subject to the 8e commodities covered in this request by calling (202) 720–6585 or regulation needed to be amended to be APHIS inspection and certification. sending a fax to (202) 720–5698. consistent with marketing order Several commenters complained that Under initial instructions, the white regulations and requirements, as well as the rulemaking procedure used by the copy (#1) was to be retained by the the NAFTA. Therefore, pursuant to Department to issue the two interim Customs Service office at the port of Section 8e of the Act and the provisions final rules was abbreviated and did not entry upon entry. Under this final rule, of the NAFTA, the Department amended provide for adequate industry input. the importer or customs broker must its regulations relating to these The interim final rules were issued present the FV–6 to the Customs Service commodities. under informal rulemaking procedures at the port of entry with Section I One commenter suggested that new used by the Department to implement completed. The importer or customs food technologies now tend to blur the regulations, and there was good cause broker then retains the white Copy 1 of distinction between fresh and ‘‘fresh not to postpone the effective date of the the FV–6 as a record of the exempt processed’’ activities. To assist the rule. More than three months were entry. Further distribution of the form importer or customs broker, specific provided for comment on the two remains unchanged—the yellow Copy 2 processes that qualify for exemption are interim final rules. The lengthy is forwarded to the AMS and the pink added to the regulatory text (e.g. comment period allowed interested Copy 3 is forwarded to the exempt canning, freezing, dehydrating, etc.) as persons time to comment on the interim outlet receiver with the exempt appropriate for individual commodities. final rules and also provided the shipment. The listing of qualified processes for Department with more opportunity to The FV–6 is used when an entire lot each commodity should assist importers monitor and evaluate the safeguard (in bags or bulk) is imported exempt and customs brokers in determining procedures in operation. from quality requirements and shipped whether the process designated on the Finally, customs brokers complained directly to an exempt outlet. An exemption form is considered to be an that they have no control over the importer or customs broker usually exempt process. The entries may be ultimate disposition of exempt lots and, arranges or facilitates the business updated by future rulemaking, as thus, should not be expected to certify transaction between a foreign producer necessary. as to the ultimate disposition of the lot. (seller) and the domestic processor or Several commenters suggested that However, certification by either the other exempt entity. In these instances, the Department establish a ‘‘pre- importer or customs broker is needed to the importer or customs broker is approved processor’’ list for each provide some validity to the safeguard responsible for initiating the FV–6 form commodity covered in parts 944, 980 procedure. Importers and customs and the exempt user is the buyer. and 999. According to the comments, a brokers are responsible for seeking out An 8e commodity imported for fresh pre-approved processor list would and representing clients who will act in market use must be inspected and contain the names of processor accordance with law. If a customs certified as meeting fresh market quality companies that have certified to the broker cannot, in good faith, certify as requirements. Prior to issuance of the respective marketing order committee to the eventual exempt usage, then that two interim final rules in this Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13055 rulemaking procedure, if an imported 8e An exempt receiver may reject a Discussions regarding fruit crop import commodity shipment failed to meet shipment, send it to an alternate exempt regulations under 7 CFR part 944 applicable quality requirements, the outlet, destroy it, return it to the follow. importer had three options: (1) Export; importer, or export it. It is the Avocados (2) destroy the lot under inspection responsibility of the importer to notify supervision; or (3) recondition the lot the MOAB of any such action and final The avocado import grade regulation and return or destroy the culls. This rule disposition of the shipment. In such (7 CFR 944.28) is based on those in provides another option for the cases, a second exemption form must be effect for avocados grown in Florida importer. The FV–6 may be used to ship completed in full and filed with the under Marketing Order No. 915 a failing lot, or the culls from a MOAB. The second FV–6 should be throughout the year. Under Marketing reconditioned lot, to an exempt outlet. initiated by the exempt receiver and Order No. 915 any person may handle The ‘‘Date and Place of Inspection’’ certified by a representative of the avocados without regard to established entry (Item 2 on the FV–6 form) is to be alternate exempt outlet or disposition grade, size, quality, or maturity completed only when a lot imported for outlet. If the shipment is exported, a requirements provided that such fresh market use is inspected and all or copy of the Customs Service export avocados are handled for (1) a portion of the lot is subsequently sent document should be included with the consumption by charitable institutions; to an exempt outlet. Item 2 would second FV–6. (2) distribution by relief agencies; (3) include the fresh inspection certificate Under ‘‘Total Quantity Imported’’ commercial processing into products; number of the inspection performed on (currently item 7), the importer or (4) seed; or (5) individual shipments of the lot. Some importers and customs customs broker must enter, in pounds, up to 55 pounds. Prior to issuance of the brokers have not completed item 2 with the quantity of product being imported interim final rule, the only exemption this information or provided a copy of as exempt. Other terms of measurement allowed under the avocado import the inspection certificate when using common in some countries or regulation was for individual shipments the FV–6 form to import a lot failing commodity industries, such as of up to 55 pounds. This rule finalizes fresh market quality requirements. In kilograms, basket, container, or bulk, the addition of charitable institutions, addition to filing an FV–6 form, the must be converted to pounds. This will distribution by relief agencies, seed, and importer should also file a copy of the provide the receiving exempt outlet commercial processing into products to inspection certificate applicable to the with a common, measurable term on the list of exemptions allowed under the exempt lot. which to determine that all of the avocado import regulation. Commercial One FV–6 may be used for multiple product has been delivered. The processing includes canning, freezing, deliveries to the same exempt outlet, if conversion to pounds will also assist the dehydrating, drying, the addition of the deliveries are made at the same Department in its compliance efforts. chemical substances, or fermentation. time. In such instances, item 4, ‘‘Vehicle The weight entered should be only the The Department suspended § 944.31 Identification,’’ on the FV–6 must quantity imported as exempt. In Avocado import maturity regulation on contain the license tag numbers or other instances where the exempt commodity May 15, 1991 (56 FR 23009). The identification for each vehicle is the culled sublot of a larger fresh suspension was in place at the time of delivering the exempt shipments. Also, market lot, the weight entered should be issuance of the import exemption item 7, ‘‘Total Quantity Imported,’’ must only the weight of the exempt sublot. interim final rule (58 FR 69182, show the total weight of all loads Under ‘‘Intended Use’’ (currently item December 23, 1993). Subsequently, the delivered from the imported lot to the 9) the importer or customs broker Department issued a proposed rule on exempt outlet. The receiver who signs should enter the type of processing use April 4, 1994 (59 FR 15661) to lift the Section II of the exemption form for the or other exempt use for which the suspension. Because the avocado import exempt outlet certifies as to the receipt exempt product is intended. The type of maturity regulation was not in effect of all loads listed on the FV–6, the total processing should be entered on the line when the exemption interim final rule volume received, and that the after the word ‘‘Type’’ in item 9. This was issued, exemptions under § 944.31 disposition is consistent with exempt change is made at the request of were not included in the exemption usage. commenters and is a modification from interim final rule. However, a final rule If a shipment is entered as exempt the interim final rules which did not removing the temporary suspension of and shipped to two or more exempt require designation of the type of avocado import maturity regulation was outlets, an FV–6 must be completed for processing or other exempt use. This issued on June 16, 1994 (59 FR 30866). each exempt shipment and outlet. Each modification of the form will help the Because the exemptions for imported receiver who signs section II of the Department monitor exempt shipments. avocados under § 944.31 maturity exemption form for an exempt outlet is The Customs Service Entry Number regulations also apply to § 944.28 grade certifying receipt of the shipment at that (currently item 10a) and the regulations, this rule finalizes the exempt outlet. In such cases, the Harmonized Tariff Code Number addition of charitable institutions, combined volume of exempt shipments (currently item 10b) must be entered on distribution by relief agencies, seed, and to each outlet must equal the total each exemption form. These data enable commercial processing into products to volume reported on the exemption form. the Department to obtain a baseline of the list of exemptions allowed under the The quality of product shipped exempt shipments released by the avocado import maturity regulation. exempt is a business decision between Customs Service and, thus, are essential the exporter, importer and processor or to the Department’s monitoring and Grapefruit other exempt receiver. If an importer or compliance responsibilities. The grapefruit import regulation (7 processor receives exempt product After consideration of comments CFR 944.106) is based on those in effect below needed quality specifications, the received and evaluation of safeguard for grapefruit grown in Florida under importer or processor could discontinue procedures, the Department finalizes the Marketing Order No. 905 throughout the use of the exemption form and require two interim final rules and makes minor year. Under Marketing Order No. 905, that further shipments be inspected modifications and additions to any person may handle grapefruit against applicable import grade, size, individual commodity import without regard to established grade, quality, or maturity requirements. regulations for consistency and clarity. size, quality, or maturity requirements 13056 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations provided that such grapefruit are final rule, the only exemption allowed olives and the Department offices handled for (1) consumption by under the orange import regulation was contacted prior to importation. The charitable institutions; (2) distribution that for individual shipments of up to interim final rule published December by relief agencies; (3) commercial ten 7⁄10 bushels (400 pounds). In 30, 1993 (58 FR 69186) inadvertently processing into canned or frozen addition, Marketing Order No. 906 omitted the procedures and offices products or into a beverage base; (4) requires handlers to certify to the specified in the latter portion of animal feed; or (5) individual shipments order’s committee that receiving paragraph (c). This rule replaces, of up to 15 standard packed cartons (12 processors have no facilities, without change, the procedures to be bushels). Prior to issuance of the interim equipment, or outlet to repack or sell followed and updates the office final rule, the only exemption allowed fruit in fresh form (§ 906.123(b)(7)). This addresses and numbers to be contacted under the grapefruit import regulation final rule adds a corresponding proviso prior to importation. was that for individual shipments of up to the orange import regulation that Table Grapes to 15 standard packed cartons (12 oranges, imported as exempt under this bushels). This rule finalizes the addition regulation, cannot be shipped to The table grape import regulation (7 of charitable institutions, distribution by processors who have facilities, CFR 944.506) is based on those in effect relief agencies, commercial processing equipment, or outlets to repack or sell for table grapes grown in southeastern into canned or frozen products or into fruit in fresh form. This rule finalizes California under Marketing Order No. a beverage base, and animal feed to the the addition of charitable institutions, 925 from April 20 through August 15. list of exemptions allowed under the distribution by relief agencies, and Under Marketing Order No. 925 any grapefruit import regulation. commercial processing into products to person may handle table grapes without the list of exemptions allowed under the regard to established grade, size, quality, Limes orange import regulation. or maturity requirements provided that The lime import regulation (7 CFR The minimum grade requirement for such table grapes are handled for 944.209) is based on those in effect for oranges under the orange import processing into products. Currently, no limes grown in Florida under Marketing regulation (7 CFR 944.312) was imported shipments of table grapes are Order No. 911 throughout the year. suspended effective October 24, 1991 exempt from the import regulations. Under Marketing Order No. 911 any (56 FR 55983) but was not addressed in This rule finalizes the addition of person may handle limes without regard the interim final rule because the processing into products as an to established grade, size, quality, or minimum grade requirement was not exemption allowed under the table maturity requirements provided that directly affected by the exemptions. grape import regulation. such limes are handled for (1) That minimum grade requirement was Kiwifruit consumption by charitable institutions; reinstated on May 12, 1994 (59 FR (2) distribution by relief agencies; (3) 25791), at the same U.S. No. 2 grade that The kiwifruit import regulation (7 commercial processing into products; or was effective for imported oranges prior CFR 944.550) is based on those in effect (4) individual shipments of up to 55 to suspension in 1991. The for kiwifruit grown in California under pounds. Prior to issuance of the interim reinstatement rule also amended the Marketing Order No. 920 throughout the final rule, the only exemption allowed definition of the term ‘‘oranges’’ and year. Under Marketing Order No. 920 under the lime import regulation was changed the minimum quantity any person may handle kiwifruit that for individual shipments of up to exemption from ‘‘ten 7/10 bushels,’’ without regard to established grade, 250 pounds. This rule finalizes the which is the equivalent of 420 pounds, size, quality, or maturity requirements addition of charitable institutions, to 400 pounds. This final rule reflects provided that such kiwifruit is handled distribution by relief agencies, and the changes established in the for (1) Consumption by charitable commercial processing into products to reinstatement action. institutions; (2) distribution by relief the list of exemptions allowed under the agencies; (3) commercial processing into lime import regulation. Commercial Olives products; or (4) individual shipments of processing includes canning, freezing, The olive import regulation (7 CFR up to 200 pounds. Prior to issuance of dehydrating, drying, the addition of 944.401) is based on those in effect for the interim final rule, the only chemical substances, or fermentation. olives grown in California under exemption allowed under the kiwifruit Limes imported for conversion into Marketing Order No. 932 throughout the import regulation was that for juice without further processing or year. Under Marketing Order No. 932 individual shipments of up to 200 preservative treatment are deemed fresh any person may handle olives without pounds. This rule finalizes the addition limes and may not be imported exempt regard to established grade, size, quality, of charitable institutions, distribution by from inspection requirements. or maturity requirements provided that relief agencies, and commercial such olives are handled for processing processing into products to the list of Oranges into oil or donated to charitable exemptions allowed under the kiwifruit The orange import regulation (7 CFR institutions. Although there is no import regulation. For the purposes of 944.312) is based on those in effect for minimum quantity exemption for olives this section, commercial processing into oranges grown in Texas under regulated under Marketing Order No. products means that the kiwifruit is Marketing Order No. 906 throughout the 932, an exemption is allowed under the physically altered in form or chemical year. Under Marketing Order No. 906 olive import regulation for individual composition through freezing, canning, any person may handle oranges without shipments up to 100 pounds. This rule dehydrating, pulping, juicing, or heating regard to established grade, size, quality, finalizes the addition of processing into of the product. The act of slicing, dicing, or maturity requirements provided that oil and donations to charitable or peeling shall not be considered such oranges are handled for (1) institutions to the list of exemptions commercial processing into products. consumption by charitable institutions; allowed under the olive import This rule also makes minor (2) distribution by relief agencies; (3) regulation. modifications to the section titles of commercial processing into products; or This rule also replaces the original some fruit crop import regulations. In (4) individual shipments of up to 400 text in paragraph (c) of § 944.401 the past, the Department issued pounds. Prior to issuance of the interim concerning procedures for importing separate, annual import regulations that Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13057 were sequentially numbered. However, onions exempt from established grade, greenhouse tomatoes. This rule finalizes the import regulations are now issued size, quality, and maturity requirements, the addition of exemptions, subject to on a continuing basis and are amended provided that such onions are used for certain safeguard provisions, for only as necessary. The section number (1) processing, (2) livestock feed, (3) tomatoes used for processing (canning for each import regulation remains the charity and relief, (4) plantings, or (5) and pickling), charity and relief. The same and, thus, the numerical limited quantity shipments ranging from safeguard provisions are specified in designations at the end of the titles are 110 to 2,000 pounds, depending on the § 980.501. no longer needed. Also, to be consistent individual marketing order. Pearl The following specialty crop import with Federal Register guidelines, the onions not exceeding a maximum size regulations are covered under 7 CFR titles are changed by removing the may be imported exempt from all but part 999. capitalization of some words. These size requirements. Inspection is Dates changes have no material effect on the required to determine that such onions import regulations. do not exceed maximum size The import regulation for dates (7 The following vegetable crop import requirements. Processing includes CFR 999.1) is based on the marketing regulations are covered under 7 CFR canning, freezing, dehydration, order in effect for dates produced or part 980. extraction (juice) and pickling in brine. packed in Riverside County, California (MO 987). Under that order, any person Potatoes Processing does not include fresh chop, fresh cut, convenience food or other pre- may handle dates exempt from The import grade regulation for packaged salad operations. Prior to established grade requirements, if such potatoes (7 CFR 980.1) is based on issuance of the interim final rule, the dates are donated to ‘‘needy persons, marketing orders in effect for potatoes onion import regulation provided prisoners, or Native Americans on grown in five different potato exemptions for processed onions reservations.’’ Prior to issuance of the production areas in Idaho and Oregon (dehydrated, canned, frozen and pickled interim final rule, the date import (MO 945), Washington (MO 946), in brine), green onions, onion sets regulation provided exemptions for: (1) Oregon-California (MO 947), Colorado (plantings), braided red onions, and for processing (preparing and preserving (MO 948), and the Southeastern United minimum quantity shipments of 110 dates into confection, coating to alter States (MO 953). Under one or more of pounds. This rule finalizes the addition color, chopping, slicing or other these orders, any person may handle of year-round exemptions, subject to processing which alters the form), (2) potatoes exempt from established grade, certain safeguard provisions, for onions denatured dates unfit for human size, quality, and maturity requirements, used for livestock feed, charity or relief, consumption, and (3) minimum provided that such potatoes are used for processing, and pearl onions. Marketing quantity shipments which in the (1) Processing, (2) livestock feed, (3) Order 958 exempts pearl onions which aggregate do not exceed 70 pounds. This charity or relief, (4) certified seed, (5) are smaller sized onions produced using rule finalizes the addition of export, or (6) limited quantity specific cultural practices and are not exemptions, subject to certain safeguard shipments ranging from 500 to 1,000 larger than 13⁄4 inches in diameter. provisions, for dates donated to charity, pounds, depending on the individual Because of the maximum size prisoners, and Native Americans on order. Processing includes canning, limitation, pearl onions imported reservations. The safeguard provisions freezing, dehydration, chips, exempt pursuant to these regulations are specified in § 999.500. shoestrings, starch and flour. Processing must be inspected against the 13⁄4 inch Walnuts does not include potatoes that are only diameter maximum size requirement peeled, or cooled, sliced, diced, or prior to being released by the Customs The import grade regulation for treated to prevent oxidation. The Service. For clarity and consistency, this walnuts (7 CFR 999.100) is based on the Department has determined that fresh finalization also adds the size limit of marketing order in effect for walnuts use food service product, such as fresh pearl onions to the definition in grown in California (MO 984). Under use potato salad, is not processing. paragraph (h), and other types of exempt that order, any person may handle Potatoes made into canned product, onions to the definition for processing walnuts exempt from established grade such as canned potato salad, would be in paragraph (i). The safeguard and size requirements, if such walnuts considered processing and thus, can be provisions are specified in § 980.501. are: (1) Green (immature), (2) used by imported as exempt. Prior to issuance of charitable institutions, relief agencies or the interim final rule, the potato import Tomatoes government agencies for school lunch regulation provided exemptions only for The import grade regulation for programs, or diverted for animal feed, or certified seed and minimum quantity tomatoes (7 CFR 980.212) is based on oil manufacture, or other shipments of 500 pounds. This rule the marketing order in effect for noncompetitive outlets. Prior to finalizes the addition of year-round tomatoes grown in Florida (MO 966). issuance of the interim final rule, the exemptions, subject to certain safeguard Under that order, any person may walnut import regulation provided provisions, for potatoes used for: (1) handle tomatoes exempt from exemptions from grade and size canning, freezing, or other processing, established grade, size, and maturity requirements for minimum quantity (2) livestock feed, and (3) charity or requirements, provided that such shipments of 60 pounds shelled or 115 relief. The safeguard provisions are tomatoes are used for (1) processing, (2) pounds inshell. This rule finalizes the specified in § 980.501. charity, (3) relief, (4) export, (5) addition of exemptions, subject to experimental purposes, (6) pear shaped certain safeguard provisions, for green Onions (elongated), cherry, green house or walnuts, and walnuts for charity, relief, The import grade regulation for hydroponic tomatoes, or (7) limited school lunch programs, animal feed or onions (7 CFR 980.117) is based on quantity shipments of 50 pounds per oil. The safeguard provisions are marketing orders in effect for onions day. Prior to issuance of the interim specified in § 999.500. grown in two different onion production final rule, the tomato import regulation areas in Idaho and Oregon (MO 958), provided exemptions for experimental Raisins and Texas (MO 959). Under one or both purposes, shipments of 60 pounds, and Exemptions for raisin imports of these orders, any person may handle pear shaped, cherry, hydroponic, and specified under current import 13058 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations regulations for raisins (7 CFR part Administration Branch, USDA, AMS, relax the import requirements, with 999.300) are consistent with exemptions P.O. Box 96456, room 2523–S, modification as hereinafter set forth, to under the raisin marketing order and are Washington, D.C. 20090–6456 comply with the terms of NAFTA and not affected by this final rule. (telephone (202)–720–4607, fax (202)– to effectuate the declared policy of the 720–5698). Act. Filberts The exempt form must be mailed Exemptions for filbert imports within two days of importation and two List of Subjects specified under current import days of receipt at an exempt outlet. 7 CFR Part 944 regulations for filberts (7 CFR part Original copies of the FV–6 must be Avocados, Food grades and standards, 999.400) are consistent with exemptions submitted. Information required on the Grapefruit, Grapes, Imports, Kiwifruit, under the filbert/hazelnut marketing Importer’s Exempt Commodity Form Limes, Olives, Oranges order and are not affected by this final includes: (1) the commodity and the rule. variety (if known) being imported, (2) 7 CFR Part 980 the date and place of inspection if used Dried Prunes Food grades and standards, Imports, to enter failing product or culls as Marketing agreements, Onions, Potatoes, Exemptions for dried prune imports exempt, (include a copy of the Tomatoes specified under current import inspection certificate), (3) identifying regulations for prunes (7 CFR part marks or numbers on the containers, (4) 7 CFR Part 999 999.200) are consistent with exemptions identifying numbers on the railroad car, Dates, Filberts, Food grades and under the dried prune marketing order truck or other transportation vehicle standards, Imports, Nuts, Prunes, and are not affected by this final rule. transporting product to the receiver, (5) Raisins, Reporting and recordkeeping The respective marketing order the name and address of the importer, requirements, Walnuts. committees have developed methods to (6) the place and date of entry, (7) the Accordingly, the two interim final monitor the marketing of the quantity imported (in pounds), (8) the rules amending 7 CFR parts 944, 980 domestically produced exempt name and address of the intended and 999 which were published at 58 FR commodities from handlers to points of receiver (processor, feeder, charity, or 69182 and 69186 on December 30, 1993, final disposition. Safeguard procedures other exempt receiver), (9) intended use are adopted as a final rule with the in the form of reporting requirements of the exempt commodity, (10) the U.S. following changes: and committee management oversight Customs Service entry number and ensure that domestically produced harmonized tariff code number, and (11) PART 944ÐFRUITS; IMPORT commodities are used in the intended such other information as may be REGULATIONS exempt outlets. necessary to ensure compliance with Safeguards in domestic marketing this regulation. 1. The authority citation for 7 CFR orders include two different procedures. The reporting burden on both part 944 continues to read as follows: A ‘‘certificate of privilege’’ is issued by importers and receiving entities is Authority: 7 U.S.C. 601–674. a committee upon application by a minimal and consistent with safeguard 2. In § 944.31, paragraphs (f) and (g) handler. The handler notifies the procedures imposed on the handling of are revised to read as follows: appropriate marketing order committee domestically-produced exempt of the handler’s intent to ship that commodities. In accordance with the § 944.31 Avocado import maturity commodity to a processor, livestock Paperwork Reduction Act of 1980 (44 regulation. feeder, charity, or other exempted U.S.C. Chapter 35), the information and * * * * * outlet. A ‘‘special purpose shipment collection requirements that are (f) Any lot or portion thereof which report’’ is forwarded by a handler to the contained in this rule have been fails to meet the import requirements, receiver. The receiver sends the form to previously approved by the Office of and is not being imported for purposes the responsible committee, providing Management and Budget (OMB) and of consumption by charitable information about the shipment have been assigned OMB No. 0581– institutions, distribution by relief necessary to determine compliance. 0167. agencies, seed, or commercial Because of the ease with which This rule finalizes increases in the processing into products; prior to or imported commodities can enter fresh reporting burden on approximately 448 after reconditioning may be exported or market channels of trade, this rule importers of avocados, grapefruit, limes, disposed of under the supervision of the modifies and finalizes a process to oranges, olives, table grapes, and Federal or Federal-State Inspection monitor exempt, imported commodities kiwifruit and 534 importers of potatoes, Service with the costs of certifying the from the port of entry to the point of onions, tomatoes, dates and walnuts disposal of such lot borne by the final disposition. who complete the exemption form. The importer. To provide consistency and ease the estimated time for importers to (g) The maturity requirements of this reporting burden on importers that deal complete the form is 10 minutes. The section shall not be applicable to in several commodities, this rule estimated time for receivers to sign the avocados imported for consumption by finalizes a single set of safeguard certification is 5 minutes. charitable institutions, distribution by procedures and a standardized form that In accordance with section 8e of the relief agencies, seed, or commercial can be used for imported avocados, Act, the United States Trade processing into products, but such grapefruit, limes, oranges, olives, table Representative has concurred with the avocados shall be subject to the grapes, kiwifruit, potatoes, onions, issuance of this final rule. safeguard provisions contained in tomatoes, dates and walnuts. The Based on the above, the Administrator § 944.350. procedure is added in §§ 944.350, of the AMS has determined that this 980.501 and 999.500, and is referenced final rule will not have a significant § 944.209 [Amended] in individual commodity import economic impact on a substantial 3. In § 944.209, the last sentence in regulations. number of small entities. paragraph (c), the word ‘‘handled’’ is Exemption forms may be obtained This final rule reflects the removed and the word ‘‘imported’’ is from the Marketing Order Department’s appraisal of the need to added in its place. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13059

4. In § 944.312, paragraphs (c) and (h) exempt under this provision shall be olives, inspection and certification shall are revised to read as follows: reported on an ‘‘Importer’s Exempt be completed prior to importation. Any Commodity Form’’ and such form, lot of olives which fails to meet the § 944.312 Orange import regulation. accompanied by a copy of the import requirements and is not being * * * * * applicable inspection certificate, shall imported for purposes of contribution to (c) The term importation means be mailed to the Marketing Order a charitable organization or processing release from custody of the United Administration Branch. into oil may be exported or disposed of States Customs Service. The term (b) Each person who receives an under the supervision of the Processed processing means the manufacture of exempt commodity for the purposes Products Branch, Fruit and Vegetable any orange product which has been specified in paragraph (a) of this section Division, AMS, USDA, with the cost of converted into sectioned fruit or into shall also receive a copy of the same certifying the disposal borne by the fresh juice, or preserved by any numbered Importer’s Exempt importer. Such inspection and commercial process, including canning, Commodity Form filed by the importer freezing, dehydrating, drying, and the or customs broker and shall certify, by certification services will be available, addition of chemical substances, or by completing and signing Section II of the upon application, in accordance with fermentation. form and mailing the form to the the applicable regulations governing the inspection and certification of Processed * * * * * Marketing Order Administration Branch (h) The grade, size, quality, and within two days of receipt of the exempt Fruits and Vegetables, Processed maturity requirements of this section lot, that such lot has been received and Products Thereof, and Certain Other shall not be applicable to oranges will be utilized in the exempt outlet. Processed Food Products (part 52 of this imported for consumption by charitable (c) It is the responsibility of the title). Application for inspection of institutions, distribution by relief importer to notify the Marketing Order canned ripe olives shall be made not agencies, or processing into products, Administration Branch of any lot of less than 10 days prior to the time when but shall be subject to the safeguard exempt commodity rejected by a the olives will be imported. Since provisions contained in § 944.350, receiver, shipped to an alternative inspectors are not located in the Provided that: oranges, imported as exempt receiver, exported, or otherwise immediate vicinity of some of the small exempt under this regulation, cannot be destroyed. In such cases, a second ports of entry, importers of canned ripe shipped to processors who have ‘‘Importer’s Exempt Commodity Form’’ olives shall make arrangements for facilities, equipment, or outlets to must be filed by the importer providing inspection through the following office repack or sell fruit in fresh form. sufficient information to determine at least 10 days prior to the time when * * * * * ultimate disposition of the exempt lot the olives will be imported: Processed 5. Section 944.350 is revised to read and such disposition shall be so Products Branch, USDA, AMS, F&V as follows: certified by the final receiver. Division, P.O. Box 96456, Room 0726– (d) All FV–6 forms and other S, Washington, DC 20090–6456, § 944.350 Safeguard procedures for correspondence regarding entry of 8e telephone (202) 720–5021, fax (202) avocados, grapefruit, kiwifruit, limes, olives, commodities must be mailed to the 690–1527. Application for inspection of oranges, and table grapes exempt from Marketing Order Administration processed bulk olives shall be made not grade, size, quality, and maturity Branch, USDA, AMS, P.O. Box 96456, requirements. less than 3 days prior to use in the room 2523–S, Washington, D.C. 20090– production of canned ripe olives. Such (a) Each person who imports: 6456, telephone (202)–720–4607. FV–6 application shall be made through one (1) Avocados, grapefruit, kiwifruit, forms submitted by fax must be limes, olives, and oranges for of the following offices: Regional followed by a mailed, original copy of Director, Eastern Regional Office, 800 consumption by charitable institutions the FV–6 form. Fax transmissions may or distribution by relief agencies; Roosevelt Road, Building A, suite 380 be sent to the MOAB at (202) 720–5698. Glen Ellyn, IL 60137, telephone (708) (2) Avocados, grapefruit, kiwifruit, 6. In § 944.401, paragraph (c) is 790–6937/8/9, fax (708) 469–5162; or limes, oranges, and table grapes for revised to read as follows: processing; Regional Director, Western Regional (3) Olives for processing into oil; § 944.401 Olive import regulation. Office, 2202 Monterey Street, suite 102– (4) Grapefruit for animal feed; or * * * * * C, Fresno, CA 93721, telephone (209) (5) Avocados for seed shall obtain an (c) The Processed Products Branch, 487–5891, fax (209) 487–5900. ‘‘Importer’s Exempt Commodity Form’’ Fruit and Vegetable Division, * * * * * (FV–6 form) from the Marketing Order Agricultural Marketing Service, U.S. 7. In § 944.550, paragraph (d) is Administration Branch, Fruit and Department of Agriculture, is hereby revised to read as follows: Vegetable Division, AMS, USDA, and designated as the governmental shall show the completed ‘‘Importer’s inspection service for the purpose of § 944.550 Kiwifruit import regulation. Exempt Commodity Form’’ to the U.S. certifying the grade and size of * * * * * Customs Service Regional Director or processed olives from imported bulk District Director, as applicable, at the lots for use in canned ripe olives and (d) Any lot or portion thereof which port at which the customs entry is filed. the grade and size of imported canned fails to meet the import requirements One copy shall be mailed to the ripe olives. Inspection by said and is not being imported for purposes Marketing Order Administration inspection service with appropriate of consumption by charitable Branch, Fruit and Vegetable Division, evidence thereof in the form of an institutions, distribution by relief AMS, USDA with a postmark no later official inspection certificate, issued by agencies, or commercial processing into than two days after the date of the service and applicable to the products may be reconditioned or importation and a third copy shall particular lot of olives, is required. With exported. Any failed lot which is not accompany the lot to the exempt outlet respect to imported bulk olives, reconditioned or exported shall be specified on the form. Any lot offered inspection and certification shall be disposed of under supervision of the for inspection and, all or a portion completed prior to use as packaged ripe Federal or Federal-State Inspection thereof, subsequently imported as olives. With respect to canned ripe Service with the costs of certifying the 13060 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations disposal of said lot borne by the § 980.501 Safeguard procedures for Marketing Order Administration importer. potatoes, onions, and tomatoes exempt Branch, USDA, AMS, P.O. Box 96456, from grade, size, quality, and maturity * * * * * room 2523–S, Washington, D.C. 20090– requirements. 6456, telephone (202) 720–4607. FV–6 PART 980ÐVEGETABLES; IMPORT (a) Each person who imports: forms submitted by fax must be REGULATIONS (1) Potatoes, onions or tomatoes for followed by a mailed, original copy of consumption by charitable institutions the FV–6. Fax transmissions may be 1. The authority citation for 7 CFR or distribution by relief agencies; sent to the MOAB at (202) 720–5698. part 980 continues to read as follows: (2) Potatoes, onions, or tomatoes for Authority: 7 U.S.C. 601–674. processing; PART 999ÐSPECIALTY CROPS; (3) Potatoes or onions for livestock IMPORT REGULATIONS 2. In § 980.1, paragraph (i) is revised feed; or to read as follows: (4) Pearl onions, shall obtain an 1. The authority citation for 7 CFR ‘‘Importer’s Exempt Commodity Form’’ part 999 continues to read as follows: § 980.1 Import regulations; Irish potatoes. (FV–6) from the Marketing Order Authority: 7 U.S.C. 601–674. * * * * * Administration Branch, Fruit and (i) Exemptions. The grade, size, Vegetable Division, AMS, USDA, and 2. Section 999.500 is revised to read quality and maturity requirements of shall show the completed ‘‘Importer’s as follows: this section shall not be applicable to Exempt Commodity Form’’ to the U.S. § 999.500 Safeguard procedures for potatoes imported for canning, freezing, Customs Service Regional Director or walnuts and certain dates exempt from other processing, livestock feed, charity, District Director, as applicable, at the grade, size, quality, and maturity or relief, but such potatoes shall be port at which the customs entry is filed. requirements. subject to the safeguard provisions One copy shall be mailed to the (a) Each person who imports: contained in § 980.501. Processing Marketing Order Administration (1) Dates which are donated to needy includes canning, freezing, dehydration, Branch, Fruit and Vegetable Division, persons, prisoners or Native Americans chips, shoestrings, starch and flour. AMS, USDA with a postmark no later on reservations; or Processing does not include potatoes than two days after the date of (2) Walnuts which are: green walnuts that are only peeled, or cooled, sliced, importation and a third copy shall (so immature that they cannot be used diced, or treated to prevent oxidation, or accompany the lot to the exempt outlet for drying and sale as dried walnuts); made into fresh potato salad. specified on the form. Any lot offered walnuts used in non-competitive outlets 3. In § 980.117, paragraph (i) is for inspection and, all or a portion such as use by charitable institutions, revised to read as follows: thereof, subsequently imported as relief agencies, governmental agencies exempt under this provision shall be for school lunch programs, and § 980.117 Import regulations; onions. reported on an ‘‘Importer’s Exempt diversion to animal feed or oil * * * * * Commodity Form’’ and such form, manufacture shall obtain an ‘‘Importer’s (i) Exemptions. The grade, size, accompanied by a copy of the Exempt Commodity Form’’ (FV–6) from quality and maturity requirements of applicable inspection certificate, shall the Marketing Order Administration this section shall not be applicable to be mailed to the Marketing Order Branch, Fruit and Vegetable Division, onions imported for processing, Administration Branch. AMS, USDA, and shall show the livestock feed, charity, or relief, and (b) Each person who receives an completed ‘‘Importer’s Exempt pearl onions not larger than 13⁄4 inches exempt commodity for the purposes Commodity Form’’ to the U.S. Customs in diameter, onion sets (plantings), specified in paragraph (a) of this section Service Regional Director or District braided red onions, and minimum shall also receive a copy of the same Director, as applicable, at the port at quantity shipments of 110 pounds, but numbered Importer’s Exempt which the customs entry is filed. One such onions shall be subject to the Commodity Form filed by the importer copy shall be mailed to the Marketing safeguard provisions in § 980.501. or customs broker and shall certify, by Order Administration Branch, Fruit and Processing includes canning, freezing, completing and signing Section II of the Vegetable Division, AMS, USDA, with a dehydration, extraction (juice) and form and mailing the form to the postmark not later than two days after pickling in brine. Processing does not Marketing Order Administration Branch the date of importation and a third copy include fresh chop, fresh cut, within two days of receipt of the exempt shall accompany the lot to the exempt convenience food or other pre-packaged lot, that such lot has been received and outlet specified on the form. Any lot salad operations. Pearl onions must be will be utilized in the exempt outlet. offered for inspection and, all or a inspected for size prior to entry into the (c) It is the responsibility of the portion thereof, imported as exempt United States. importer to notify the Marketing Order under this provision shall be reported 4. In § 980.212, paragraph (i) is Administration Branch of any lot of on an ‘‘Importer’s Exempt Commodity revised to read as follows: exempt commodity rejected by a Form’’ and such form, accompanied by receiver, shipped to an alternative a copy of the applicable inspection § 980.212 Import regulations; tomatoes. exempt receiver, returned to the country certificate, shall be mailed to the * * * * * of origin, or otherwise disposed of. In Marketing Order Administration (i) Exemptions. The grade, size, such cases, a second ‘‘Importer’s Branch. quality and maturity requirements of Exempt Commodity Form’’ must be (b) Each person who receives an this section shall not apply to tomatoes filed by the importer providing exempt commodity for the purposes for charity, relief, canning or pickling, sufficient information to determine specified in paragraph (a) of this section but such tomatoes shall be subject to the ultimate disposition of the exempt lot shall also receive a copy of the same safeguard provisions contained in and such disposition shall be so numbered Importer’s Exempt § 980.501. Processing includes canning certified by the final receiver. Commodity Form filed by the importer and pickling. (d) All FV–6 forms and other or customs broker and shall certify, by 5. Section 980.501 is revised to read correspondence regarding entry of 8e completing and signing Section II of the as follows: commodities must be mailed to the form and mailing the form to the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13061

Marketing Order Administration Branch determine if an Order would become DEPARTMENT OF JUSTICE within two days of receipt of the exempt effective. Immigration and Naturalization Service lot, that such lot has been received and Of the 19,801 valid ballots cast, will be utilized in the exempt outlet. 10,707 (54.1 percent) favored and 9,094 8 CFR Parts 103, 204, 205 and 216 (c) It is the responsibility of the (45.9 percent) opposed the importer to notify the Marketing Order implementation of the Order. Administration Branch of any lot of [INS No. 1705±95] Additionally, of those persons who cast exempt commodity rejected by a valid ballots in the referendum, those receiver, shipped to an alternative RIN 1115±AE04 exempt receiver, exported, or otherwise who favored the Order account for 40 disposed of. In such cases, a second percent of the total production voted, Petition to Classify Alien as Immediate ‘‘Importer’s Exempt Commodity Form’’ and those opposed account for 60 Relative of a United States Citizen or must be filed by the importer providing percent of the total production voted. as a Preference Immigrant; Self- sufficient information to determine The Order could have been approved by Petitioning for Certain Battered or ultimate disposition of the exempt lot either a majority of the producers, Abused Spouses and Children and such disposition shall be so feeders, and importers voting in the certified by the final receiver. referendum or by those voting in the AGENCY: Immigration and Naturalization (d) All FV–6 forms and other referendum who accounted for at least Service, Justice. correspondence regarding entry of 8e two-thirds of the production ACTION: Interim rule with request for commodities must be mailed to the represented. comments. Marketing Order Administration Therefore, based on the referendum SUMMARY: This interim rule amends the Branch, USDA, AMS, P.O. Box 96456, results, the Secretary of Agriculture has room 2523–S, Washington, D.C. 20090– Immigration and Naturalization Service determined that the required majority of (‘‘the Service’’) regulations to allow a 6456, telephone (202) 720–4607. FV–6 eligible producers, feeders, and forms submitted by fax must be spouse or child to seek immigrant importers who voted absentee or in followed by a mailed, original copy of classification if he or she has been person in the February 6, 1996, national the FV–6. Fax transmissions may be battered by, or subjected to extreme sent to the MOAB at (202) 720–5698. referendum voted to implement the cruelty committed by, the citizen or Order. As a result, a promotion, lawful permanent resident spouse or Dated: February 23, 1996. research, education, and information parent. It also permits a spouse to seek Sharon Bomer Lauritsen, program will be funded by a mandatory classification if his or her child has been Deputy Director, Fruit and Vegetable Division. assessment on domestic sheep battered by, or subjected to extreme [FR Doc. 96–7192 Filed 3–25–96; 8:45 am] producers, lamb feeders, and exporters cruelty committed by, the citizen or BILLING CODE 3410±02±P of live sheep and greasy wool of 1 cent lawful permanent resident spouse. A per pound on live sheep sold and 2 qualified spouse or child who is living cents per pound on greasy wool sold. in the United States but is not a 7 CFR Part 1280 Importers will be assessed (1) 1 cent per permanent resident may use the pound on live sheep; (2) the equivalent procedures established by this rule to [No. LS±96±002] of 1 cent per pound of live sheep for self-petition for immigrant classification. The self-petition may be Sheep Promotion, Research, and sheep products; and (3) 2 cents per filed without the abuser’s knowledge or Information Program pound of degreased wool or the equivalent of degreased wool for wool consent, and may include the children of a self-petitioning spouse. A person AGENCY: Agricultural Marketing Service; and wool products. Imported raw wool who is granted immigrant classification USDA. will be exempt from assessments. Each ACTION: Notice of Referendum Results under this provision may become person who processes or causes to be eligible for lawful permanent resident processed sheep or sheep products of SUMMARY: The Agricultural Marketing status. A lawful permanent resident of that person’s own production and Service (AMS) is announcing that sheep the United States has legal permission producers, sheep feeders, and importers markets the processed products, will be to live and work in this country, and of sheep and sheep products voting in assessed the equivalent of 1 cent per may later qualify for U.S. citizenship a national referendum on February 6, pound of live sheep sold or 2 cents per through naturalization. pound of greasy wool sold. All 1996, have approved the Sheep and DATES: This interim rule is effective Wool Promotion, Research, Education, assessments may be adjusted in March 26, 1996. Written comments and Information Order (Order). accordance with applicable provisions must be received on or before May 28, FOR FURTHER INFORMATION CONTACT: of the Act. The date when assessments 1996. will begin will be announced at a later Ralph L. Tapp, Chief, Marketing ADDRESSES: Please submit written date. Programs Branch, Livestock and Seed comments, in triplicate, to the Director, Division, AMS, USDA, Room 2606–S; Dated: March 20, 1996. Policy Directives and Instructions P.O. Box 96456; Washington, D.C. Lon Hatamiya, Branch, Immigration and Naturalization 20090–6456. Administrator. Service, 425 I Street NW., Room 5307, SUPPLEMENTARY INFORMATION: Pursuant [FR Doc. 96–7191 Filed 3–25–96; 8:45 am] Washington, DC 20536, Attn: Public to the Sheep Promotion, Research, and Comment Clerk. To ensure proper Information Act of 1994, 7 U.S.C. 7101 BILLING CODE 3410±02±P handling, please reference the INS et seq. (Act), the Department of number 1705–95 on your Agriculture conducted a referendum on correspondence. Comments are February 6, 1996, among eligible sheep available for public inspection at this producers, sheep feeders, and importers location by calling (202) 514–3048 to of sheep and sheep products to arrange an appointment. 13062 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: the ability of an abusive citizen or 201(b)(2)(A)(i) or 203(a)(2)(A) of the Act Rita A. Arthur, Senior Adjudications lawful permanent resident to use the based on that relationship; (3) is Officer, Adjudications Division, immigration laws to further violence residing in the United States; (4) has Immigration and Naturalization Service, against a spouse or child in the United resided in the United States with the 425 I Street NW., Room 3214, States. Although the title of this portion citizen or lawful permanent resident Washington, DC 20536, telephone (202) of the Crime Bill reflects the fact that parent; (5) has been battered by, or has 514–5014. many abuse victims are women, abused been the subject of extreme cruelty spouses and children of either sex may perpetrated by, the citizen or lawful SUPPLEMENTARY INFORMATION: benefit from these provisions. Section permanent resident parent while Background 40701 of the Crime Bill allows a residing with that parent; (6) is a person The Immigration and Nationality Act qualified spouse or child to self-petition of good moral character; and (7) is a (‘‘the Act’’) allows certain relatives of a for immigrant classification based on person whose deportation would result citizen or lawful permanent resident of the relationship to the abusive citizen or in extreme hardship to himself or the United States to be classified for lawful permanent resident of the United herself. immigration. These relatives are not States, without the abuser’s Spouse of a Citizen or Lawful automatically entitled to immigrate; the participation or consent. This section Permanent Resident Service must approve a visa petition also permits an eligible abused spouse filed by the citizen or lawful permanent to include his or her children in the The Crime Bill’s changes to section resident for the family member, and the petition, if the children have not 204(a)(1) of the Act, which allow a self- relative must qualify for immigrant visa petitioned separately. Section 40702 of petition to be filed, describe the spousal issuance abroad or adjustment of status the Crime Bill, which will be the subject relationship between the self-petitioner in the United States. of a separate rulemaking, provides and the abuser in the present tense. Citizens and lawful permanent guidelines for the acceptance and They characterize a self-petitioning residents may choose whether and evaluation of credible evidence of abuse spouse as a person who is the spouse of when to petition for a relative. Most submitted with certain requests for a citizen or lawful permanent resident citizens and lawful permanent residents removal of conditions on residency of the United States, and include no seek permission to bring their family under section 216 of the Act. Section provisions for filing a self-petition based members to the United States as soon as 40703 of the Crime Bill, which will also on a former spousal relationship. This possible. They file for all their qualified be addressed separately, allows certain rule, therefore, requires the self- relatives, except family members who abused spouses and children who have petitioning spouse to be legally married do not want to live in the United States been continuously physically present in to the abuser when the petition is filed. and those with whom they do not care the United States for the past 3 years to It specifies that a spousal self-petition to be reunited. apply for suspension of deportation. must be denied if the petitioner’s Some abusive citizens or lawful marriage to the abuser legally ended by permanent residents, however, misuse Basic Self-Petitioning Eligibility annulment, death, or divorce before that their control over the petitioning Requirements time. The rule also stipulates that the process. Instead of helping close family A spouse who is self-petitioning abuser be a citizen or lawful permanent members to legally immigrate, they use under section 40701 of the Crime Bill resident of the United States when the this discretionary power to perpetuate must show that he or she: (1) is the self-petition is filed. domestic abuse of their spouses and spouse of a citizen or lawful permanent Although it does not allow a self- minor children who have been living resident of the United States; (2) is petition to be filed based on a former with them in the United States. Abusers eligible for immigrant classification spousal relationship, section 40701 of generally refuse to file relative petitions under section 201(b)(2)(A)(i) or the Crime Bill directs the Service not to for their closest family members because 203(a)(2)(A) of the Act based on that revoke the approval of a self-petition they find it easier to control relatives relationship; (3) is residing in the solely because the marriage has legally who do not have lawful immigration United States; (4) has resided in the ended. This statutory provision protects status. These family members are less United States with the citizen or lawful the self-petitioner against an abuser’s likely to report the abuse or leave the permanent resident spouse; (5) has been attempt to regain control over the abusive environment because they fear battered by, or has been the subject of petitioning process through legal deportation or believe that only citizens extreme cruelty perpetrated by, the termination of the marriage. It also and authorized immigrants can obtain citizen or lawful permanent resident allows a qualified self-petitioner to legal and social services. An abuser may during the marriage; or is the parent of make decisions concerning the abusive also coerce family members’ compliance a child who has been battered by, or has relationship without regard to in other areas by threatening been the subject of extreme cruelty immigration considerations. This rule deportation or by promising to file a perpetrated by, the citizen or lawful reflects the legislative provision relative petition in the future. permanent resident during the marriage; safeguarding the self-petitioner’s control (6) is a person of good moral character; over the immigration classification Crime Bill (7) is a person whose deportation would process. The plight of these domestic abuse result in extreme hardship to himself, While section 40701 of the Crime Bill victims, who are unable to leave the herself, or his or her child; and (8) requires the marriage to be legally valid United States for financial, social, entered into the marriage to the citizen at the time of filing and specifies that its cultural, or other reasons, was or lawful permanent resident in good termination after approval will not be addressed by the Violent Crime Control faith. the sole basis for revocation, it does not and Law Enforcement Act of 1994 (‘‘the A child who is self-petitioning under address the effect of a legal termination Crime Bill’’), Public Law 103–322, dated section 40701 of the Crime Bill must occurring between the filing and the September 13, 1994. Title IV of the show that he or she: (1) is the child of approval of the self-petition. In the Crime Bill, The Violence Against a citizen or lawful permanent resident absence of explicit legislative Women Act of 1994 (‘‘the VAWA’’), of the United States; (2) is eligible for guidelines, the Service has determined contains several provisions that limit immigrant classification under section that protections for spouses whose self- Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13063 petitions have been approved should be for classification as an immediate and the abuser in the present tense, extended to cover the entire period after relative after the abuser naturalizes, these amendments to the Act clearly the self-petition is filed. This rule, provided he or she continues to meet show that the required relationship therefore, allows an otherwise the self-petitioning requirements. must exist when the petition is filed. approvable self-petition to be granted This rule requires a self-petitioning The term ‘‘child’’ is defined in section despite the legal termination of the spouse to provide documentary 101(b)(1) of the Act as including certain marriage through annulment, divorce, or evidence of his or her legal relationship children born in or out of wedlock, and death while the self-petition was to the abuser and evidence of the certain legitimated, adopted, and pending before the Service. It provides abuser’s immigration or citizenship stepchildren. This definition also that the legal termination of the status. Self-petitioners are encouraged to requires a child to be unmarried and marriage after the self-petition has been submit primary evidence whenever less than 21 years of age. The rule, properly filed with the Service will have possible, although the Service will therefore, requires a self-petitioning not effect on the Service’s decision consider any relevant credible evidence. child to be unmarried, less than 21 years concerning the self-petition. The Service’s regulations at 8 CFR 204.1 of age, and to otherwise qualify as the The rule further provides, however, and 204.2 provide detailed information abuser’s ‘‘child’’ when the self-petition that a pending spousal self-petition will concerning primary and secondary is filed and when it is approved. It also be denied or an approved spousal self- supporting documentation of a spousal requires the self-petitioning child’s petition will be revoked if the self- relationship to a citizen or lawful abusive parent to be a U.S. citizen or petitioner chooses to remarry before permanent resident. lawful permanent resident when the becoming a lawful permanent resident. Primary evidence of a marital self-petition is filed and when it is By remarrying, the self-petitioner has relationship is a marriage certificate approved. established a new spousal relationship issued by civil authorities and proof of This rule specifies that an approved and has shown that he or she no longer the termination of all prior marriages, if self-petition for a child of a United needs the protections of section 40701 any, of both the self-petitioner and the States citizen, however, will be of the Crime Bill to equalize the balance abuser. Primary evidence of the abuser’s automatically converted to an approved of power in the relationship with the U.S. citizenship or lawful permanent petition for classification as the abuser. If the new husband or wife is a residence is: (1) a birth certificate issued unmarried or married adult son or citizen or lawful permanent resident of by a civil authority establishing the daughter of a United States citizen when the United States, he or she may file for abuser’s birth in the United States; (2) the self-petitioner reaches 21 years of the former self-petitioner’s classification the abuser’s unexpired full-validity age or marries. Similarly, an approved as an immigrant. The self-petitioner also United States passports; (3) a statement self-petition for a child of a lawful would not be precluded from filing a issued by a U.S. consular officer permanent resident of the United States self-petition based on the new family certifying the abuser to be a U.S. citizen will be automatically converted to an relationship if the new spouse is an and the bearer of a currently valid U.S. approved petition for classification as abusive citizen or lawful permanent passport; (4) the abuser’s Certificate of the unmarried adult son or daughter of resident of the United States. A self- Naturalization or Certificate of a lawful permanent resident when the petition filed on the basis of a new Citizenship; (5) a Department of State unmarried self-petitioner reaches 21 marriage will be assigned a priority date Form FS–240, Report of Birth Abroad of years of age. The approval of a self- based on the date it was properly filed a Citizen of the United States, relating petition for the child of an abusive with the Service or based on the date a to the abuser; or (6) the abuser’s Form lawful permanent resident must be visa petition filed by the current abusive I–151 or Form I–551 Alien Registration automatically revoked, however, when spouse was properly filed with the Receipt Card, or other proof given by the the son or daughter marries. There is no Service. This rule does not allow a Service as evidence of lawful permanent immigration category for a married son priority date to be transferred from a residence. or daughter of a lawful permanent self-petition or visa petition based on a If primary or secondary evidence of resident. An automatically converted prior marriage. an abuser’s immigration or citizenship self-petition will retain the self- It also provides that changes in the status is not available, this rule provides petition’s original priority date. abuser’s citizenship or lawful that the Service will attempt to Under the provisions of this rule, a permanent resident status will not affect electronically verify the abuser’s status self-petitioning child must be the child the validity of an approved self-petition. from information contained in Service of the abusive citizen or lawful This provision eliminates the possibility computerized records. Other Service permanent resident but need not be the that an abuser could recapture control records may also be reviewed at the child of a self-petitioning spouse. A self- over the immigration classification discretion of the adjudicating officer. If petition may be approved although the process by changing his or her own the Service is unable to identify a record child’s other parent is unable or immigration status. An approved self- as relating to the abuser or the record unwilling to self-petition. The rule also petition will not be revoked solely does not establish the abuser’s does not require the self-petitioning because the abuser subsequently immigration or citizenship status, the child to be in the abuser’s legal custody. abandons lawful permanent resident self-petition will be adjudicated based Termination of the abuser’s parental status, renounces United States on the information submitted by the rights or a change in legal custody does Citizenship, is deported, or otherwise self-petitioner. not alter the self-petitioning changes immigration status. Similarly, a relationship, provided the self- self-petition approved on the basis of a Child of a Citizen or Lawful Permanent petitioner meets the definition of relationship to a lawful permanent Resident ‘‘child’’ contained in section 101(b)(1) of resident will not be automatically Section 40701 of the Crime Bill the Act when the self-petition is upgraded to a petition for immediate describes a self-petitioning child as a approved, or met that definition at the relative classification if the abuser person who is the child of a citizen or time of approval. becomes a naturalized citizen of the lawful permanent resident of the United As discussed previously under United States. A spouse would not be States. By again characterizing the ‘‘Spouse of a citizen or lawful precluded from filing a new self-petition relationship between the self-petitioner permanent resident,’’ changes in the 13064 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations abuser’s citizenship or lawful reached 18 years of age, and evidence of marriage fraud. This rule reflects these permanent resident status will not affect legal termination of all prior marriages statutory requirements. the validity of an approved self-petition. of either parent, if any; (6) an adopted A petition must be denied under the This regulatory provision eliminates the child and an abusive adoptive parent is provisions of section 204(c) of the Act possibility that an abuser could an adoption decree showing that the if there is substantial and probative recapture control over the abused adoption took place before the child evidence that the self-petitioner has ever child’s immigration classification by reached 16 years of age, and evidence attempted or conspired to enter into a changing his or her own immigration that the child has been residing with marriage for the purpose of evading the status. An approved self-petition for a and in the legal custody of the abusive immigration laws. The self-petitioner child will not be revoked solely because adoptive parent for at least 2 years. does not need to have received a benefit the abuser subsequently abandons Primary evidence of the abuser’s U.S. through the attempt or conspiracy. He or lawful permanent resident status, citizenship or lawful permanent she also need not have been convicted renounces United States citizenship, is residence is: (1) a birth certificate issued of, or even prosecuted for, the attempt deported, or otherwise changes by a civil authority establishing the or conspiracy. Evidence of the attempt immigration status. Similarly, a self- abuser’s birth in the United States; (2) or conspiracy, however, must be petition approved on the basis of a the abuser’s unexpired full-validity contained in the self-petitioner’s parent-child relationship to a lawful United States passport; (3) a statement immigration file. permanent resident will not be issued by a U.S. consular officer Section 204(g) of the Act may also automatically upgraded to a petition for certifying the abuser to be a U.S. citizen apply to a self-petition. It prohibits the immediate relative classification if the and the bearer of a currently valid U.S. approval of a self-petition if the abuser becomes a naturalized citizen of passport; (4) the abuser’s Certificate of marriage creating the relationship to the the United States. The abused child Naturalization or Certificate of citizen or permanent resident took place would not be precluded from filing a Citizenship; (5) a Department of State while the self-petitioner was in new self-petition for classification as an Form FS–240, Report of Birth Abroad of deportation, exclusion, or related immediate relative after the abuser a Citizen of the United States, relating proceedings, unless the self-petitioner naturalizes, provided the child to the abuser; and (6) the abuser’s Form provides clear and convincing evidence continues to meet the self-petitioning I–151 or Form I–551 Alien Registration that the marriage was not entered into requirements. Receipt Card, or other proof given by the for the purpose of obtaining This rule requires a self-petitioning Service as evidence of lawful permanent immigration benefits. This limitation child to provide documentary evidence residence. will not apply if the self-petitioner has of his or her relationship to the abuser lived outside the United States for at and evidence of the abuser’s If primary or secondary evidence of least 2 years after the marriage. The immigration or citizenship status. Self- an abuser’s immigration or citizenship ‘‘clear and convincing’’ standard places petitioners are encouraged to submit status is not available, this rule provides a heavier burden on the petitioner than primary evidence whenever possible, that the Service will attempt to although the Service will consider any electronically verify the abuser’s status the ‘‘preponderance of evidence’’ relevant credible evidence. The from information contained in Service criteria generally applicable to visa Service’s regulations at 8 CFR 204.1 and computerized records. Other Service petitions and self-petitions. Although 204.2 provide detailed information records may also be reviewed at the there may be no proof that the marriage concerning primary or secondary discretion of the adjudicating officer. If was fraudulent, a self-petition subject to supporting documentation of a parent- the Service is unable to identify a record this restriction must be denied if the child relationship to a citizen or lawful as relating to the abuser or the record petitioner does not provide ‘‘clear and permanent resident. does not establish the abuser’s convincing’’ evidence that the marriage Primary evidence of the relationship immigration or citizenship status, the was entered into in good faith. between: (1) a child and an abusive self-petition will be adjudicated based The provisions of section 204(a)(2) of biological mother is the child’s birth on the information submitted by the the Act, which were amended by certificate issued by civil authorities; (2) self-petitioner. section 40701(b) of the Crime Bill to encompass certain self-petitions, may a child born in wedlock and an abusive Eligible for Immigrant Classification biological father is the child’s birth also preclude the approval of a self- certificate issued by civil authorities, Section 40701 of the Crime Bill petition. A self-petition must be denied the marriage certificate of the child’s requires a self-petitioning spouse or if the lawful permanent resident abuser parents, and evidence of legal child to be eligible for classification as acquired permanent residence within termination of all prior marriages, if an immediate relative under section the past 5 years based on a marriage to any; (3) a legitimated child and an 201(b)(2)(A)(i) of the Act or for a citizen or lawful permanent resident, abusive biological father is the child’s preference classification under section unless the petition is supported by clear birth certificate issued by civil 203(a)(2)(A) of the Act. Eligibility as an and convincing evidence that the prior authorities, and evidence of the child’s immediate relative or for preference marriage was not entered into for the legitimation; (4) a child born out of classification requires more than a mere purpose of evading any provision of the wedlock and an abusive biological showing of a legal relationship to a immigration laws. This restriction will father is the child’s birth certificate citizen or lawful permanent resident of not apply if the earlier marriage ended issued by civil authorities showing the the United States; other conditions must because of the death of the spouse. As father’s name, and evidence that a bona also be met. Section 40701 of the Crime explained in the previous paragraph, the fide parent-child relationship has been Bill amended the Act to ensure that self- ‘‘clear and convincing’’ standard established between the child and the petitioners would be subject to certain imposes a heavier burden of proof on parent; (5) a stepchild and a stepparent provisions of the Immigration Marriage the self-petitioner. Although there may is the child’s birth certificate issued by Fraud Amendments of 1986 (IMFA), be no proof that the marriage was civil authorities, the marriage certificate Public Law 99–639, November 10, 1986, fraudulent, a self-petition subject to this of the child’s parent and the stepparent which were enacted by Congress to restriction must be denied if the showing marriage before the stepchild detect and deter immigration-related petitioner does not provide ‘‘clear and Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13065 convincing’’ evidence that the earlier place of abode or principal dwelling show that the abuse took place during marriage was bona fide. place elsewhere. This rule, however, the marriage to the abuser. A self- Before determining that a self-petition does not require the self-petitioner to petitioning child must show that he or must be denied under section 204(c), have lived in the United States or with she was abused while residing with the 204(g), or 204(a)(2) of the Act, the the abuser in the United States for any abuser. Battery or extreme cruelty that Service will allow a self-petitioner the specific length of time. It also does not happened at other times is not opportunity to provide additional mandate continuous physical presence qualifying abuse. There is no limit on evidence or arguments concerning the in the United States. A qualified self- the time that may have elapsed since the case. A denial under section 204(g) or petitioner may have moved to the last incident of qualifying abuse 204(a)(2) of the Act is without prejudice United States only recently, made any occurred. to the filing of a new self-petition when number of trips abroad, or resided with The qualifying abuse also must have the spouse or child is able to comply the abuser in the United States for only been committed by the abusive citizen with these requirements. a short time. or lawful permanent resident spouse or The Service has previously Evidence of residency with the abuser parent. Battery or extreme cruelty by determined that a variety of evidence in the United States may take many any other person is not qualifying abuse, may be used to establish a good-faith forms. Employment records, utility unless it can be shown that the citizen marriage, and a self-petitioner should receipts, school records, hospital or or lawful permanent resident willfully submit the best evidence available. medical records, birth certificates of condoned or participated in the abusive Evidence of good faith at the time of children born to the spouses in the marriage may include, but is not limited United States, deeds, mortgages, rental act(s). to, proof that one spouse has been listed records, insurance policies, or similar Only abuse perpetrated against the as the other’s spouse on insurance documents have been accepted as self-petitioning spouse, the self- policies, property leases, income tax evidence of residency. This rule allows petitioning child, or the self-petitioning forms, or bank accounts; and testimony the submission of one or more spouse’s child will be considered or other evidence regarding courtship, documents showing the self-petitioner qualifying. Acts ostensibly aimed at wedding ceremony, shared residence and the abuser residing together. It also some other person or thing may be and experiences. Matter of Laureano, 19 allows the submission of two or more considered qualifying only if it can be I&N Dec. 1 (BIA 1983). Other types of documents that, when considered established that these acts were readily available evidence might together, establish that the self- deliberately used to perpetrate extreme include the birth certificates of children petitioner and the abuser were residing cruelty against the self-petitioner or the born to the relationship; police, at the same location concurrently. A self-petitioning spouse’s child. Battery medical, or court documents providing self-petitioner may also submit or extreme cruelty committed solely information about the relationship; and affidavits to establish residency with the against a third party and in no way affidavits of persons with personal abuser. Self-petitioners who file directed at or used against the spouse or knowledge of the relationship. Self- affidavits are encouraged to provide the child is not qualifying abuse. petitioners who submit affidavits are affidavits of more than one person. The qualifying abuse also must have encouraged to submit affidavits from Other types of evidence may also be been sufficiently aggravated to have more than one person. Other types of submitted; the Service will consider any reached the level of battery or extreme evidence may also be submitted; the relevant credible evidence. cruelty. Service regulations at 8 CFR Service will consider any relevant Battery or Extreme Cruelty 216.5(e)(3)(i) currently define the phrase credible evidence. ‘‘was battered by or was the subject of Section 40701 of the Crime Bill Residence in the United States and requires a self-petitioning spouse to extreme cruelty.’’ This definition was Residence With the Abuser have been battered by, or been the initially developed to facilitate the filing Section 40701 of the Crime Bill subject of extreme cruelty perpetrated and adjudication of requests to waive requires the self-petitioner to be residing by, the citizen or lawful permanent certain requirements for removal of in the United States and to have resided resident spouse; or to be the parent of conditions on residency. These waivers in the United States with the abuser. A a child who was battered by, or who are based on the applicant’s claim of self-petition will not be approved if the was the subject of extreme cruelty battery or extreme cruelty perpetrated self-petitioner is not living in the United perpetrated by, the citizen or lawful by the citizen or lawful permanent States or has never lived with the abuser permanent resident during the marriage. resident spouse or parent. Since the in the United States. Under the It requires a self-petitioning child to regulatory definition has proven to be provisions of this rule, however, the have been battered by, or to have been flexible and sufficiently broad to self-petitioner is not required to be the subject of extreme cruelty encompass all types of domestic battery residing with the abuser when the perpetrated by, the citizen or lawful and extreme cruelty, this rule adopts an petition is filed. The rule also does not permanent resident parent while the identical definition for evaluating limit the time that may have elapsed child was residing with that parent. claims of battering or extreme cruelty since the self-petitioner last resided This rule reflects the statutory under section 40701 of the Crime Bill. with the abuser. requirements by specifying that only The definition reads as follows: ‘‘Residence’’ is defined in section certain types of abuse will qualify a For the purpose of this chapter, the phrase 101(a)(33) of the Act as a person’s spouse or child to self-petition. ‘‘was battered by or was the subject of general place of abode. It is also ‘‘Qualifying abuse’’ under this rule is extreme cruelty’’ includes, but is not limited described as a person’s principal, actual abuse that meets the criteria of section to, being the victim of any act or threatened dwelling place in fact, without regard to act of violence, including any forceful 40701 of the Crime Bill concerning detention, which results or threatens to result intent. A self-petitioner cannot meet the when, by whom, to whom, and to what in physical or mental injury. Psychological or residency requirements by merely degree the domestic abuse occurred. sexual abuse or exploitation, including rape, visiting the United States or visiting the The qualifying abuse must have taken molestation, incest (if the victim is a minor), abuser’s home in the United States place during the statutorily specified or forced prostitution shall be considered while continuing to maintain a general time. A spousal self-petitioner must acts of violence. 13066 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

The acts mentioned in this affidavits of more than one person. The that constitute a crime involving moral definition—rape, molestation, incest if Service is not precluded from deciding, turpitude other than a purely political the victim is a minor, and forced however, that the self-petitioner’s offense, except for certain petty offenses prostitution—will be regarded by the unsupported affidavit is credible and or offenses committed while the person Service as acts of violence whenever that it provides relevant evidence of was less than 18 years of age as they occur. Many other abusive actions, sufficient weight to meet the self- described in section 212(a)(2)(A)(ii) of however, may also be qualifying acts of petitioner’s burden of proof. the Act; (6) has committed two or more violence under this rule. Acts that, in Good Moral Character offenses for which the applicant was and of themselves, may not initially convicted and the aggregate sentence appear violent may be part of an overall Section 40701 of the Crime Bill actually imposed was 5 years or more, pattern of violence. It is not possible to requires all self-petitioners to be persons provided that, if an offense was cite all perpetrations that could be acts of good moral character, but does not committed outside the United States, it of violence under certain circumstances. specify the period for which good moral was not a purely political offense; (7) The Service does not wish to mislead a character must be established. This rule has violated laws relating to a controlled potentially qualified self-petitioner by requires self-petitioning spouses and substance, except for simple possession establishing a partial list that may be self-petitioning children who are 14 of 30 grams or less of marijuana; (8) subject to misinterpretation. This rule, years of age or older to provide evidence earns his or her income principally from therefore, does not itemize abusive acts showing that they have been persons of illegal gambling activities or has been other than those few particularly good moral character for the 3 years convicted of two or more gambling egregious examples mentioned in the immediately preceding the date the self- offenses; (9) has given false testimony definition of the phrase ‘‘was battered petition is filed. It does not preclude the for the purpose of obtaining by or was the subject of extreme Service from choosing to examine the immigration benefits; (10) has been cruelty.’’ self-petitioner’s conduct and acts prior confined as a result of conviction to a This rule requires a self-petitioner to to that period, however, if there is penal institution for an aggregate period provide evidence of qualifying abuse. If reason to believe that the self-petitioner of 180 days or more; or (11) has been the self-petition is based on a claim that may not have been a person of good convicted of an aggravated felony. moral character in the past. The rule the self-petitioning spouse’s child was The Service must conclude that a provides that self-petitioning children battered or subjected to extreme cruelty person who has been convicted of an who are less than 14 years of age are not committed by the citizen or lawful offense falling within section 101(f) of permanent resident spouse, this rule required to submit evidence of good the Act lacks good moral character. The requires the self-petition to be moral character when filing the self- Service may only look to the judicial accompanied by evidence of the abuse petition. A self-petitioner who is less records to determine whether the person and evidence of the relationship than 14 years of age will be presumed has been convicted of the crime, and between the self-petitioner and the to be a person of good moral character. may not look behind the conviction to abused child. Available relevant This presumption does not preclude the reach an independent determination evidence will vary, and self-petitioners Service from requesting evidence of concerning guilt or innocence. Pablo v. are encouraged to provide the best good moral character, however, if there INS, 72 F.3d 110, 113 (9th Cir. 1995); available evidence of qualifying abuse. is reason to believe that the self- Gouveia v. INS, 980 F.2d 814, 817 (1st A self-petitioner is not precluded from petitioning child may lack good moral submitting documentary proof of non- character. The rule provides that a self- Cir. 1992); and Matter of Roberts, Int. qualifying abuse with the self-petition; petition filed by a person of any age may Dec. 3148 (BIA 1991). however, that evidence can only be used be denied or revoked if evidence Extenuating circumstances may be to establish a pattern of abuse and establishing that the person lacks good taken into account, however, if the violence and to bolster claims that moral character is contained in the person has not been convicted of the qualifying abuse also occurred. Service file. offense in a court of law but admits to The rule provides that evidence of It also provides that the Service will the commission of an act or acts that abuse may include, but is not limited to, evaluate claims of good moral character could show a lack of good moral reports and affidavits from police, on a case-by-case basis, taking into character. The Board of Immigration judges and other court officials, medical account the provisions of section 101(f) Appeals (BIA) has ruled that a person personnel, school officials, clergy, social of the Act and the standards of the who admitted to having engaged in workers, and other social service agency average citizen in the community. prostitution under duress but had no personnel. Persons who have obtained Section 101(f) of the Act lists the classes prostitution convictions was not an order of protection against the abuser of persons who cannot be found to be excludable as a prostitute under section or taken other legal steps to end the persons of good moral character, and 212(a)(12) of the Act (currently section abuse are strongly encouraged to submit specifies that persons not within any of 212(a)(2)(D) of the Act) because she was copies of the relating legal documents. those classes may also be found to be involuntarily reduced to such a state of Evidence that the abuse victim sought lacking good moral character. The mind that she was actually prevented safe-haven in a battered women’s shelter Service cannot find a person to be of from exercising free will through the use or similar refuge may be relevant, as good moral character under section of wrongful, oppressive threats, or may a combination of documents such 101(f) if he or she: (1) is or was a unlawful means. Matter of M–, 7 I&N as a photograph of the visibly injured habitual drunkard; (2) is or was engaged Dec. 251 (BIA 1956). A person who was self-petitioner supported by affidavits. in prostitution during the past 10 years subjected to abuse in the form of forced This rule also provides that other forms as described in section 212(a)(2)(D) of prostitution or who can establish that he of credible evidence will be accepted, the Act; (3) is or was involved in the or she was forced to engage in other although the Service will determine smuggling of a person or persons into behavior that could render the person whether documents appear credible and the United States as described in section excludable, therefore, would not be the weight to be given to them. 212(a)(6)(E) of the Act; (4) is or was a precluded from being found to be a Self-petitioners who can provide only practicing polygamist; (5) has been person of good moral character if the affidavits are encouraged to submit the convicted or admits committing acts person has not been convicted for the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13067 commission of the offense or offenses in here deportation would cause extreme country; (4) person’s inability to obtain a court of law. hardship. Hardship to persons other adequate employment in the foreign This rule also provides that a person than the self-petitioner or the child of a country; (5) person’s and the person’s will be found to lack good moral self-petitioning spouse, such as child’s length of residence in the United character, unless he or she establishes extended family members, cannot be the States; (6) existence of other family extenuating circumstances, if he or she: basis for a self-petition under this rule. members who will be legally residing in (1) willfully failed or refused to support The phrase ‘‘extreme hardship’’ is not the United States; (7) irreparable harm dependents; or (2) committed unlawful defined in the Act, and sections 40701 that may arise as a result of disruption acts that adversely reflect upon his or and 40703 of the Crime Bill provide no of education opportunities; and (8) her moral character, or was convicted or additional guidelines for the adverse psychological impact of imprisoned for such acts, although the interpretation of this requirement. The deportation. acts do not require an automatic finding phrase ‘‘extreme hardship’’ has acquired of lack of good moral character. a settled judicial and administrative In some self-petitioning cases, the Under this rule, primary evidence of meaning, however, largely in the circumstances surrounding domestic good moral character is the self- context of suspension of deportation abuse and the consequences of the petitioner’s affidavit. The affidavit cases under section 244 of the Act. abuse may cause the extreme hardship. should be accompanied by a local police It has been found that the personal These self-petitioners may wish to cite clearance or a state-issued criminal deprivation contemplated in a situation and provide evidence relating to some background check from each locality or characterized by ‘‘extreme hardship’’ or all of the following areas, in addition state in the United States in which the within the meaning of section 244 of the to any other basis for believing that self-petitioner resided for six or more Act is not a definable term of fixed and deportation would cause extreme months during the 3-year period inflexible content or meaning; it hardship: (1) the nature and extent of immediately preceding the filing of the necessarily depends upon the facts and the physical and psychological self-petition. Self-petitioners who lived circumstances peculiar to each case. consequences of the battering or outside the United States during this Matter of Hwang, 10 I&N Dec. 448 (BIA extreme cruelty; (2) the impact of the time should submit a police clearance, 1964). The hardship requirement loss of access to the U.S. courts and criminal background check, or similar encompasses more than the mere criminal justice system (including, not report issued by the appropriate economic deprivation that might result limited to, the ability to obtain and authority in each foreign country in from an alien’s deportation for the enforce: orders of protection; criminal which he or she resided for six or more United States. Davidson v. INS, 558 months during the 3-year period F.2d 1361 (9th Cir. 1977); and Matter of investigations and prosecutions; and immediately preceding the filing of the Sipus, 14 I&N Dec. 229 (BIA 1972). It family law proceedings or court orders self-petition. If police clearances, has also been found that the loss of a job regarding child support, maintenance, criminal background checks, or similar and the concomitant financial loss child custody and visitation); (3) the reports are not available for some or all incurred is not synonymous with self-petitioner’s and/or the self- locations, the self-petitioner may extreme hardship. Lee v. INS, 550 F.2d petitioner’s child’s need for social, include an explanation and submit 554 (9th Cir. 1977). Similarly, medical, mental health, or other other evidence with his or her affidavit. readjustment to life in the native supportive services which would not be The Service will consider other credible country after having spent a number of available or reasonably accessible in the evidence of good moral character, such years in the United States is not the type foreign country; (4) the existence of as affidavits from responsible persons of hardship that has been characterized laws, social practices, or customs in the who can knowledgeably attest to the as extreme, since most aliens who have foreign country that would penalize or self-petitioner’s good moral character. spent time abroad suffer this kind of ostracize the self-petitioner or the self- The Service of the Department of hardship. Matter of Uy, 11 I&N Dec. 159 petitioner’s child for having been the State will conduct additional record (BIA 1965). victim of abuse, for leaving the abusive checks before issuing an immigrant visa ‘‘Extreme hardship’’ must be situation, or for actions taken to stop the or granting a self-petitioner’s evaluated on a case-by-case basis after a abuse; (5) the abuser’s ability to travel application for adjustment of status. If review of all the circumstances in the to the foreign country and the ability the results of these record checks case. This rule, therefore, does not and willingness of foreign authorities to disclose that the self-petitioner is no include a list of ‘‘factors’’ that would protect the self-petitioner and/or the longer a person of good moral character automatically establish an applicant’s self-petitioner’s child from future abuse; or that he or she has not been a period claim to extreme hardship. Each self- and (6) the likelihood that the abuser’s of good moral character in the past, a petitioner is encouraged to cite and family, friends, or others acting on pending self-petition will be denied or document all the reasons that he or she behalf of the abuser in the foreign the approval of a self-petition will be believes that deportation would cause country would physically or revoked. extreme hardship. psychologically harm the self-petitioner Some precedent suspension of and/or the self-petitioner’s child. Extreme Hardship deportation cases have discussed the Section 40701 of the Crime Bill also reasons why a particular applicant was The Service will develop and provide requires a self-petitioning spouse to found to have established that his or her further interpretive guidance concerning show that his or her deportation would deportation would cause extreme the extreme hardship determination in cause extreme hardship to himself, hardship. These reasons include the: (1) self-petitioning cases to the Service herself, or his or her child. It similarly age of the person; (2) age and number officers who will adjudicate these self- requires a self-petitioning child to show of the person’s children and their ability petitions. This guidance is expected to that his or her deportation would cause to speak the native language and adjust be in the form of implementing extreme hardship to himself or herself. to life in another country; (3) serious directives, training courses, the field The self-petitioner has the burden of illness of the person or his or her child handbook currently under development proof; a self-petition must be denied if which necessitates medical attention by the Service, and other policy and the petitioner does not show that his or not adequately available in the foreign procedural directives. 13068 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

Good Faith Marriage policies, property leases, income tax not be issued an immigrant visa or Section 40701 of the Crime Bill forms, or bank accounts; and testimony granted adjustment of status as a requires a self-petitioning spouse to or other evidence regarding courtship, derivative child. show that he or she entered into the wedding ceremony, shared residence Since derivative status is based solely marriage to the abusive citizen or lawful and experiences. Matter of Laureano, on the relationship to the principal self- petitioner, the rule also provides that permanent resident in good faith. This supra. Other types of readily available the derivative child can be granted rule provides, therefore, that a self- evidence might include the birth lawful permanent residence only if the petition cannot be approved if the self- certificates of children born to the child is accompanying or following-to- petitioner married the abuser solely to abuser and the spouse; police, medical, join the self-petitioner. No derivative obtain immigration benefits. A self- or court documents providing benefit can be granted if the principal petitioning spouse who is not subject to information about the relationship; and self-petitioner does not become a lawful the limitations imposed by IMFA need affidavits of persons with personal knowledge of the relationship. permanent resident. only provide a ‘‘preponderance’’ of This rule does not require the evidence showing that he or she married Derivative Child Included in the Self- submission of documentary evidence of in good faith. Persons who are subject Petition the derivative relationship with the self- to the IMFA restrictions may be Section 40701 of the Crime Bill allows petition. Such documents must be required to meet a heavier burden of any child of a self-petitioning spouse to submitted, however, when the child proof to establish that a marriage was be derivatively included in the self- applies for an immigrant visa abroad or entered into in good faith, as discussed petition, if the child has not been adjustment of status to that of a lawful previously in the section entitled classified as an immigrant based on his permanent resident of the United States ‘‘Eligibility for Immigrant or her own self-petition. This rule based on the derivative relationship. Classification.’’ allows a derivative child who has been Primary evidence of a parent-child The Act does not define a ‘‘good- included in a parent’s petition to later relationship has been previously faith’’ marriage or provide guidelines for file a self-petition, provided the child discussed under ‘‘Child of a Citizen or evaluating the bona fides of a marriage; meets the self-petitioning requirements. Lawful Permanent Resident.’’ The however, persons applying for It also allows a child who has been Service’s regulations at 8 CFR 204.1 and immigration benefits based on a classified as an immigrant based on a 204.2 provide additional information marriage are generally required to petition filed by the abuser or another concerning primary or secondary establish that they entered into the relative to be derivatively included in a supporting documentation of a parent- marriage in good faith, and a significant parent’s self-petition; including the child relationship. Other types of body of case law has developed child in the self-petition will not affect evidence not specifically discussed in concerning the interpretation of this the validity of the petition submitted by this rule or the Service regulations may requirement. It has long been held that the abuser or another relative. also be submitted; the Service will a marriage that is entered into for the No separate petition is necessary for consider any relevant credible evidence. primary purpose of circumventing the derivative classification, and the child is immigration laws, referred to as a not required to have been the victim of Evidence in General fraudulent or sham marriage, cannot be abuse. The derivative child also does In accordance with the provisions of recognized as enabling a spouse to not need to have lived in the United section 40701 of the Crime Bill, this rule obtain immigration benefits. Lutwak v. States or to otherwise satisfy the criteria provides that the Service will consider United States, 344 U.S. 604 (1953) and for filing a self-petition. He or she, all credible evidence submitted with the Matter of Phillis, 15 I&N Dec. 385 (BIA however, must meet the requirements application before reaching a decision. 1975). A spousal petition will not be for immigrant visa issuance abroad or It also states that the Service will denied, however, solely because the adjustment of status in the United determine what evidence is credible and spouses are not living together and the States. An eligible child, including a what weight to give to this evidence. marriage is no longer viable. Matter of child born after the self-petition was Generally, more weight will be given McKee, 17 I&N Dec. 332 (BIA 1980). The approved, may be added to a self- to primary evidence and evidence key factor in determining whether a petitioning spouse’s petition when the provided in court documents, medical person entered into a marriage in good self-petitioner applies for an immigrant reports, police reports, and other official faith is whether he or she intended to visa abroad or adjustment of status in documents. Self-petitioners, therefore, establish a life together with the spouse the United States. A new petition will are strongly encouraged to submit this at the time of the marriage. The person’s not be required. type of evidence whenever possible. conduct after marriage is relevant only This rule further specifies that a Self-petitioners who submit affidavits to the extent that it bears upon his or derivative child need not be the child of are urged, but not required, to provide her subjective state of mind at the time the abuser, but must qualify as the self- affidavits from more than one person. of the marriage. Separation from the petitioning spouse’s child under the Other forms of documentary evidence other spouse, even shortly after the definition of ‘‘child’’ contained in may also be submitted, including marriage took place, does not prove, by section 101(b)(1) of the Act. The evidence that has not been discussed in itself, that a marriage was not entered statutory definition includes certain this rule or identified in the Service into in good faith. Bark v. INS, 511 F.2d children born in or out of wedlock, and regulations. 1200 (9th Cir. 1975). certain legitimated, adopted, and The Service’s regulations at 8 CFR This rule allows the submission of a stepchildren. It also requires a child to 103.2 and 204.1(f) provide detailed variety of evidence to show a good-faith be unmarried and less than 21 years old. information about the requirements marriage. The self-petitioner should This rule requires a derivative child to applicable to supporting submit the best evidence available. continue to be a ‘‘child’’ until he or she documentation. An ordinary legible Evidence of good faith at the time of becomes a lawful permanent resident photocopy of any supporting document marriage may include, but is not limited based on the derivative classification. A may be submitted with a petition, to, proof that one spouse has been listed derivative son or daughter who is although the Service reserves the right as the other’s spouse on insurance married or more than 21 years old will to require presentation of the original Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13069 document. An original document beneficiary of a visa petition filed by the these limitations are encouraged to file requested by the Service will be abuser to accord the self-petitioner the self-petition and establish the returned to the petitioner when it is no immigrant classification as his or her earliest possible priority date, since the longer needed. Original documents spouse or child, however, will be available immigrant visa numbers are submitted by the petitioner but not allowed to transfer the visa petition allocated to qualified immigrant visa requested by the Service will remain a priority date to the self-petition. The applicants and qualified adjustment of part of the record. Each foreign language earlier priority date may be assigned status applicants strictly in priority date document must be accompanied by an without regard to the current validity of order. English translation that has been the visa petition. The burden of proof to Under the provisions of the Crime certified by a competent translator. establish the filing of the visa petition Bill, any self-petitioner who qualifies for lies with the self-petitioner, although immigrant classification as the spouse Proper Filing and Priority Dates the Service will attempt to verify a or child of an abusive citizen of the This rule requires self-petitioners to claimed filing through a search of the Untied States is regarded as an complete Form I–360, Petition for Service’s computerized records or other immediate relative of a U.S. citizen Amerasian, Widow(er) or Special records deemed appropriate by the under section 201(b) of the Act and is Immigrant. As directed in 8 CFR adjudicating officer. not subject to direct numerical 103.2(a)(2), the person filing the self- limitations. A qualified derivative child petition must sign the Form I–360. A Decision of a self-petitioning spouse of an parent or guardian, however, may sign If the preliminary decision on a abusive citizen of the United States is the petition for a child who is less than properly filed self-petition is adverse to also considered to be an immediate 14 years of age. Any self-petitioner may the self-petitioner, the self-petitioner relative under section 201(b) of the Act be represented by an attorney or will be provided with written notice of and is also exempted from these accredited representative as described this fact and offered an opportunity to limitations. These self-petitioners may in 8 CFR 103.2(a)(3), if he or she so present additional information or apply for immigrant visa issuance chooses. arguments before a final decision is abroad or adjustment of status to that of Each self-petition must be rendered. If the preliminary decision is a lawful permanent resident of the accompanied by the fee required by 8 based on derogatory information of United States without regard to CFR 103.7(b)(1). A self-petitioner who is which the self-petitioner is unaware, the numerical limitations. unable to pay the prescribed fee may self-petitioner will also be offered an A self-petitioner who is the spouse or request a fee waiver under the opportunity to rebut the derogatory child of an abusive permanent resident provisions of 8 CFR 103.7(c). The self- information in accordance with the of the United States, however, is subject petition should also be accompanied by provisions of 8 CFR 103.2(b)(16). to immigrant visa number limitations, as the documentary evidence specified in Each self-petitioner will be sent a are the qualified derivative children of this rule. written notice of the final decision on spouses of abusive permanent residents. Under the provisions of this rule, a his or her self-petition. If the petition is These self-petitioners and their self-petition filed concurrently with a denied, he or she will be informed in derivative children are not eligible to Form I–485, Application to Register writing of the basis for the denial and apply for immigrant visa issuance or Permanent Residence or Adjust Status, of the right to appeal. This rule allows adjustment of status until their may be filed at the office having an adverse decision on a self-petition to immigrant visa numbers have become jurisdiction over the adjustment of be appealed to the Associate immediately available. Visa numbers for status application. Other self-petitions Commissioner for Examinations in these self-petitioners and their should be filed at the INS Service Center accordance with the provisions of 8 CFR derivative children are considered having jurisdiction over the self- 103.3. immediately available only when the petitioner’s place of residence as Department of State Bureau of Consular Eligibility for Immigrant Visa Issuance described in the instructions to Form I– Affairs Visa Office Bulletin shows the 360. Since section 40701 of the Crime or Adjustment of Status priority date for the applicant’s country Bill requires all self-petitioners to be Approval of a self-petition does not of birth under the family-sponsored 2A residing in the United States when the guarantee immediate eligibility for second preference classification as self-petition is filed, a self-petition immigrant visa issuance or adjustment ‘‘current’’ or lists a date that is earlier cannot be filed at a United States of status to that of a lawful permanent than the self-petitioner’s priority date. consulate or embassy abroad. A self- resident of the United States. The In addition to meeting requirements petition also cannot be filed at a Service beneficiary of an approved self-petition concerning visa number availability, a office overseas. Consular officials and must meet several additional self-petitioner who is applying for an Service officers overseas have not been requirements before he or she will be immigrant visa at a U.S. consulate or delegated the authority to approve a found eligible for lawful permanent embassy abroad must prove that he or self-petition. residence in the United States. she is not included in any of the classes In accordance with standard Neither the Act nor this rule limits the of persons who, by law, cannot be procedures, a self-petition received in a overall number of self-petitions that admitted to the United States, or that Service office will be stamped to show may be accepted and approved by the any basis for inadmissibility has been the time and date of actual receipt. It Service. Some persons who are the waived. A person seeking immigrant will be regarded as properly filed on beneficiaries of approved self-petitions, visa issuance abroad may also be subject that date, provided it is properly signed however, will be forced to delay filing to the provisions of section 212(o) of the and executed, the required fee is their applications for immigrant visa Act. This provision requires a person attached or a fee waiver is granted, and issuance or adjustment of status because who was not in lawful nonimmigrant it otherwise complies with the sections 201 and 202 of the Act place status on the day he or she last left the provisions of 8 CFR 103.2. This rule certain limits on the number of qualified United States to remain outside the provides that the priority date will be persons who may be granted lawful country for at least 90 days before the date the self-petition is properly permanent residence during any single obtaining an immigrant visa. An filed. A self-petitioner who has been the year. Self-petitioners who are subject to immigrant may lawfully travel to the 13070 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

United States immediately after the visa status filing fee. Additional information persons who obtain residency through is issued. A qualified immigrant visa concerning adjustment of status under marriage. A spouse or child may be holder becomes a lawful permanent Public Law 103–317 may be obtained by subject to these restrictions if he or she resident upon admission to the United requesting Supplement A to Form I–485 becomes a lawful permanent resident States. from a local Service office. based on a relationship created by a A self-petitioner who is seeking Certain restrictions on adjustment of marriage entered into less than 2 years immigrant visa issuance abroad will be status have not been waived by section before residency is granted. The contacted by the Department of State’s 40701 of the Crime Bill and cannot be conditions on residency under section National Visa Center (NVC) when that waived under Public Law 103–317. 216 of the Act may be removed only office has received the approved self- These restrictions include those upon fulfillment of certain petition from the Service and an imposed by section 245(d) of the Act, requirements. A conditional resident immigrant visa number is available. which prohibit the adjustment of status who does not file a joint petition with Immigrant visa applicants should follow of a person who is a conditional the citizen or permanent resident the instructions provided by NVC and resident under section 216 or 216A of spouse during the 90 days prior to the the U.S. consulate or embassy the Act. The adjustment of status of a second anniversary of the date processing their requests. Persons person last admitted to the United residency was granted may have wishing further information about States as a K–1 finance(e) is also barred, residency status terminated. Section 216 immigrant visa issuance abroad should unless the person is seeking adjustment of the Act also provides three waivers of contact the Department of State or a as a result of the marriage to the United the joint petitioning requirement. One United States embassy or consulate States citizen who filed the finance(e) waiver exempts a conditional resident abroad. petition. Section 245(d) of the Act from filing a joint petition if he or she The Act also allows certain persons similarly prohibits the adjustment of has been battered by, or subjected to who are physically present in the status of a person who was last admitted extreme cruelty committed by, the United States to adjust status to that of as the K–2 child of a finance(e) parent, citizen or lawful permanent resident; or a lawful permanent resident of the unless the person is seeking adjustment if his or her child has been battered by, United States. Like immigrant visa as a result of his or her parent’s marriage or subjected to extreme cruelty applicants, adjustment of status to the citizen who filed the finance(e) committed by, the citizen or lawful applicants must prove that they are petition. A self-petitioner who last permanent resident. The Service has eligible for immigrant classification. entered in K–1 or K–2 nonimmigrant determined that no useful purpose Each applicant must also be exempt status would be subject to these would be served by imposing the from immigrant visa number limitations restrictions, as would his or her conditional residency requirements of or show that an immigrant visa number derivative children who last entered in section 216 of the Act on any self- is immediately available for him or her. K–2 nonimmigrant status, unless the petitioner; all self-petitioners would An applicant must further prove that he abuser is also the citizen who had filed necessarily be eligible for waivers of the or she is not included in any of the the finance(e) petition. The statutory joint petitioning requirement. This rule classes of persons who, by law, cannot language of section 245(d) of the Act provides, therefore, that the conditional be admitted to the United States, or that does not preclude a conditional residence requirements of section 216 of any basis for inadmissibility has been resident, a person who last entered the the Act will not apply to a person who waived. Persons seeking adjustment of United States with a finance(e) visa, or obtains lawful permanent resident status must also meet the applicable a person who last entered the country as status based on an approved self- requirements of section 245 of the Act. a dependent child of a finance(e) from petition, regardless of the date of the A qualified adjustment applicant filing a self-petition and seeking marriage. becomes a lawful permanent resident immigrant visa issuance abroad. upon approval of the adjustment of An application for adjustment of Employment Authorization status application. status may be filed concurrently with Section 40701 of the Crime Bill does Section 40701 of the Crime Bill does the self-petition, if the self-petitioner is not direct the Service to provide not provide adjustment of status exempt from immigrant visa number employment authorization based solely benefits. Self-petitioners, however, may limitations or if an immigrant visa on the filing or approval of a self- benefit from certain other provisions of number would be immediately available petition. A self-petitioner, however, may the Act. One such provision is a if the self-petition was approved. Other be eligible to apply for employment recently enacted law that temporarily self-petitioners who wish to adjust authorization under the existing allows many previously ineligible status in the United States may file the provisions of 8 CFR 274a.12. Qualified persons to seek adjustment of status in self-petition separately and submit the applicants who wish to request the United States. This law, section adjustment of status application when employment authorization should 506(b) of the Department of Commerce, their immigrant visa numbers become complete and file Form I–765, Justice, State, the Judiciary and Related available. Self-petitioners who would Application for Employment Agencies Appropriations Act, 1995, like more information about the Authorization, according to the Public Law 103–317, was enacted requirements for adjustment of status in instructions provided with the form. A August 26, 1994. It lifts certain the United States may request Form I– self-petitioner who substantiates that he restrictions on adjustment of status 485 from the service office serving their or she is unable to pay the Form I–765 under section 245 of the Act on local area. application fee may be granted a fee applications granted before October 1, waiver in accordance with the 1997. Persons seeking the adjustment of Conditions on Residency Under Section provisions of 8 CFR 103.7(c). status benefits of Public Law 103–317 216 of the Act Many self-petitioners will qualify for may be subject to a financial penalty, Section 216 of the Act was enacted as employment authorization under 8 CFR since the law requires most persons part of IMFA to detect and deter 274a.12(c)(9). This provision allows a seeking adjustment of status under this immigration-related marriage fraud. It person who has properly filed an provision to pay an additional sum in imposes conditions on the lawful adjustment of status application under excess of the standard adjustment of permanent resident status of certain section 245 of the Act to request Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13071 employment authorization while the United States, may also request The Service’s implementation of this adjustment application is pending employment authorization under 8 CFR rule as an interim rule, with provision before the Service. 274a.12(c)(14) if the person shows an for post-promulgation public comment, Most other self-petitioners will be economic need to work. There is no is based on the ‘‘good cause’’ exceptions eligible to request voluntary departure application process or fee for placement found at 5 U.S.C. 553 (b)(3)(B) and prior to or after a deportation hearing for in deferred action status, although a (d)(3). Methodist Hospital of the reasons set forth in 8 CFR 242.5(a)(2) person requesting employment Sacramento, et al., v. Shalala, 38 F.3d (v), (vi), or (viii), and may qualify for authorization on the basis of deferred 1225 (D.C. Cir. 1994). The reasons and employment authorization based on the action placement will be required to file necessity for immediate implementation grant of voluntary departure. Voluntary Form I–765 and to pay the Form I–765 of this interim rule are as follows: The departure may be granted under 8 CFR application fee or to establish eligibility changes to the Act made by section 242.5(a)(2)(v) to a person who lost his or for a fee waiver. 40701 of the Crime Bill became effective her nonimmigrant student or exchange Furthermore, a self-petitioner would on January 1, 1995. Immediate visitor status (F–1, F–2, J–1, or J–2 not be precluded from requesting the implementation of this rule will allow a nonimmigrant classification) solely employment authorization benefits of qualified spouse or child of an abusive because a private bill had been any other provision of 8 CFR 274a.12 citizen or lawful permanent resident to introduced in his or her behalf. It may under which he or she may qualify. immediately self-petition for immigrant be granted under 8 CFR 242.5(a)(2)(vi) Other Regulatory Changes classification. Prompt implementation to a person who is admissible to the will also allow a spouse or child who is United States as an immigrant, and: (1) In addition to making regulatory filing based on the relationship to an who is an immediate relative of a U.S. changes necessary to implement the abusive lawful permanent resident of citizen; or (2) is otherwise exempt from provisions of section 40701 of the Crime the United States to establish a more the numerical limitation on immigrant Bill, this rule makes necessary favorable place on the immigrant visa visa issuance; or (3) has a priority date grammatical and format changes to number waiting list. Qualified self- for an immigrant visa not more than 60 ensure consistency and clarity. It also petitioners are all residing in this days later than the date shown in the makes technical changes by: (1) country and are persons of good moral latest Visa Office Bulletin and has amending 8 CFR 103.1(f)(3)(iii) to character. They have been prevented applied for an immigrant visa at a update regulatory and statutory from obtaining immigrant classification United States Consulate which has references; (2) amending 8 CFR in the past solely because their abusive accepted jurisdiction over the case; or 103.1(f)(3)(iii) to eliminate provisions spouse or parent withdrew or refused to (4) who is the beneficiary of an concerning the appeal of a denial of a file the necessary immigrant visa employment-based petition with a petition for a Replenishment petition for them. priority date earlier than August 9, Agricultural Worker (RAW) under part 1978, and who meets certain other 210a of the Act, since that program Regulatory Flexibility Act requirements outlined in 8 CFR expired at the end of fiscal year 1993 The Commissioner of the Immigration 242.5(a)(2)(vi) (D) or (E). Also, voluntary without allowing any such petitions to and Naturalization Service, in departure may be granted under 8 CFR be filed; (3) revising the headings of 8 accordance with the Regulatory 242.5(a)(2)(viii) to a person in whose CFR 204.1 and 8 CFR 204.2 to more Flexibility Act (5 U.S.C. 605(b)), has case the district director has determined accurately reflect the contents of the reviewed this regulation and, by there are compelling factors warranting sections; (4) correcting a typographical approving it, certifies that the rule will a grant of voluntary departure. A person error by replacing ‘‘Form I–30’’ with not have a significant economic impact who has been granted voluntary ‘‘Form I–130’’ in 8 CFR 204.1(a); (5) on a substantial number of small entities departure for the reasons set forth in 8 removing 8 CFR 204.2(d), which because of the following factors. By CFR 242.5(a)(2) (v), (vi), or (viii) may be discussed a program created by section permitting certain spouses and children granted permission under 8 CFR 112 of the Immigration Act of 1990 to to self-petition for immigrant 274a.12(c)(12) to be employed for the provide additional visa numbers to classification, the rule will allow some period of time prior to the date set for spouses and children of legalized aliens individuals residing in the United States voluntary departure, if the person shows that ended September 30, 1994; and (6) to be classified as immigrants based on an economic need to work. Extensions amending 8 CFR 205.1 to reflect the the relationship to an abusive citizen or of voluntary departure and employment requirements of 8 CFR 103.2(a)(7)(ii), lawful permanent resident spouse or authorization may also be requested. which provides an automatic revocation child. It will not affect small entities. Requests for voluntary departure under of an approved petition when the 8 CFR 242.5(a)(2)(v), (vi), or (viii) may remitter fails to pay the filing fee and Executive Order 12866 be made to the local Service office associated service charge after the check This rule is not considered by the having jurisdiction over the applicant’s or other financial instrument used to Department of Justice, Immigration and place of residence. There is no pay the filing fee is returned as not Naturalization Service to be a application form or fee for requesting payable. ‘‘significant regulatory action’’ under voluntary departure for these reasons, Executive Order 12866, section 3(f), Family Well-Being although a person requesting Regulatory Planning and Review, and employment authorization on the basis This regulation will enhance family the Office of Management and Budget of the voluntary departure grant will be well-being by allowing qualified family has waived its review process under required to file Form I–765 and to pay members of citizens and lawful section 6(a)(3)(A). the Form I–765 application fee or to permanent residents to self-petition for establish eligibility for a fee waiver. immigrant classification if they are Executive Order 12612 A person who has been placed in living in this country. These family The regulations adopted herein will deferred action status, an act of members were formerly precluded from not have substantial direct effects on the administrative convenience to the obtaining this benefit because the abuser States, on the relationship between the Government that assigns a lower refused to file the necessary relative visa National Government and the States, or priority to the alien’s removal from the petition. on the distribution of power and 13072 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations responsibilities among the various e. Revising the reference in paragraph Act is unable to present primary or levels of government. Therefore, in (f)(3)(iii)(Y) to ‘‘§ 204.1(b)(3) of this secondary evidence of the abuser’s accordance with Executive Order 12612, chapter’’ to read ‘‘8 CFR 204.3’’; status, the Service will attempt to it is determined that this rule does not f. Revising the reference in paragraph electronically verify the abuser’s have sufficient Federalism implications (f)(3)(iii)(FF) to ‘‘as permanent resident citizenship or immigration status from to warrant the preparation of a under § 245.6 of this chapter’’ to read information contained in Service Federalism Assessment. ‘‘of certain Cuban and Haitian nationals computerized records. Other Service under section 202 of the Immigration records may also be reviewed at the Paperwork Reduction Act Reform and Control Act of 1986’’; and discretion of the adjudicating officer. If The information collection g. Removing paragraph (f)(3)(iii)(GG). the Service is unable to identify a record requirements contained in this rule have 3. Section 103.1 is amended by as relating to the abuser, or the record been cleared by the Office of adding a new paragraph (f)(3)(iii)(GG), does not establish the abuser’s Management and Budget under the to read as follows: immigration or citizenship status, the provisions of the Paperwork Reduction self-petition will be adjudicated based § 103.1 Delegations of authority. Act. on the information submitted by the * * * * * self-petitioner. List of Subjects (f) * * * * * * * * 8 CFR Part 103 (3) * * * (iii) * * * Administrative practice and PART 204ÐIMMIGRANT PETITIONS (GG) A self-petition filed by a spouse procedure, Authority delegations or child based on the relationship to an (Government agencies), Fees, Forms, 6. The authority citation for part 204 abusive citizen or lawful permanent Freedom of information, Privacy, continues to read as follows: resident of the United States for Reporting and recordkeeping Authority: 8 U.S.C. 1101, 1103, 1151, 1153, classification under section requirements, Surety bonds. 1154, 1182, 1186a, 1255; 8 CFR part 2. 201(b)(2)(A)(i) of the Act or section 8 CFR Part 204 203(a)(2)(A) of the Act; 7. Section 204.1 is amended by revising the section heading, and by Administrative practice and * * * * * revising paragraph (a), to read as procedures, Aliens, Employment, 4. Section 103.2 is amended by follows: Immigration, Petitions. adding a new paragraph (b)(2)(iii), to read as follows: 8 CFR Part 205 § 204.1 General information about immediate relative and family-sponsored Administrative practice and § 103.2 Applications, petitions, and other petitions. documents. procedures, Aliens, Immigration, (a) Types of petitions. Petitions may Petitions. * * * * * (b) * * * be filed for an alien’s classification as an 8 CFR Part 216 (2) * * * immediate relative under section 201(b) of the Act or as a preference immigrant Administrative practice and (iii) Evidence provided with a self- under section 203(a) of the Act based on procedures, Aliens, Nonimmigrants, petition filed by a spouse or child of a qualifying relationship to a citizen or Passports and visas. abusive citizen or resident. The Service lawful permanent resident of the United Accordingly, chapter I of title 8 of the will consider any credible evidence relevant to a self-petition filed by a States, as follows: Code of Federal Regulations is amended (1) A citizen or lawful permanent as follows: qualified spouse or child of an abusive citizen or lawful permanent resident resident of the United States petitioning PART 103ÐPOWERS AND DUTIES OF under section 204(a)(1)(A)(iii), under section 204(a)(1)(A)(i) or SERVICE OFFICERS; AVAILABILITY 204(a)(1)(A)(iv), 204(a)(1)(B)(ii), or 204(a)(1)(B)(i) of the Act for a qualifying OF SERVICE RECORDS 204(a)(1)(B)(iii) of the Act. The self- relative’s classification as an immediate petitioner may, but is not required to, relative under section 201(b) of the Act 1. The authority citation for part 103 demonstrate that preferred primary or or as a preference immigrant under continues to read as follows: secondary evidence is unavailable. The section 203(a) of the Act must file a Authority: 5 U.S.C. 552, 552a; 8 U.S.C. determination of what evidence is Form I–130, Petition for Alien Relative. 1101, 1103, 1201, 1252 note, 1252b, 1304, credible and the weight to be given that These petitions are described in § 204.2; 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR evidence shall be within the sole (2) A widow or widower of a United 1487, 15557, 3 CFR, 1982 Comp., p. 166; 8 discretion of the Service. States citizen self-petitioning under CFR part 2. * * * * * section 204(a)(1)(A)(ii) of the Act as an § 103.1 [Amended] 5. Section 103.2 is amended by immediate relative under section 201(b) 2. Section 103.1 is amended by: revising the heading of paragraph (b)(17) of the Act must file a Form I–360, a. Revising the reference in paragraph and by adding three new sentences at Petition for Amerasian, Widow, or (f)(3)(iii)(C) to ‘‘§ 245.2 (a)(4) and (e) of the end of paragraph (b)(17), to read as Special Immigrant. These petitions are this chapter’’ to read ‘‘section 103 of the follows: described in § 204.2; Act of October 28, 1977’’; (3) A spouse or child of an abusive b. Revising the reference in paragraph § 103.2 Applications, petitions, and other citizen or lawful permanent resident of (f)(3)(iii)(K) to ‘‘§ 223.1 of this chapter’’ documents. the United States self-petitioning under to read ‘‘8 CFR part 223’’; * * * * * section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), c. Revising the reference in paragraph (b) * * * 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the (f)(3)(iii)(L) to ‘‘§ 223a.4 of this chapter’’ (17) Verifying claimed citizenship or Act for classification as an immediate to read ‘‘8 CFR part 223’’; permanent resident status. * * * If a relative under section 201(b) of the Act d. Revising the reference in paragraph self-petitioner filing under section or as a preference immigrant under (f)(3)(iii)(X) to ‘‘§ 204.1(b) of this 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), section 203(a) of the Act must file a chapter’’ to read ‘‘8 CFR 204.3’’; 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the Form I–360, Petition for Amerasian, Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13073

Widow, or Special Immigrant. These petitioner’s place of residence in the records may also be reviewed at the petitions are described in § 204.2; United States. discretion of the adjudicating officer. If (4) A citizen of the United States * * * * * the Service is unable to identify a record seeking advanced processing of an 10. Section 204.1 is amended by as relating to the abuser or the record orphan petition must file Form I–600A, adding two new sentences at the end of does not establish the abuser’s Application for Advanced Processing of paragraph (e)(3), to read as follows: immigration or citizenship status, the Orphan Petition. A citizen of the United self-petition will be adjudicated based States petitioning under section § 204.1 General information about on the information submitted by the 204(a)(1)(A)(i) of the Act for immediate relative and family-sponsored self-petitioner. petitions. classification of an orphan described in * * * * * section 101(b)(1)(F) of the Act as an * * * * * 13. Section 204.2 is amended by: immediate relative under section 201(b) (e) * * * a. Revising the section heading; of the Act must file Form I–600, Petition (3) * * * A consular official may not b. Removing paragraph (d); to Classify Orphan as an Immediate accept or approve a self-petition filed by c. Redesignating paragraph (c) as Relative. These applications and the spouse or child of an abusive citizen paragraph (d); and by petitions are described in § 204.3; and or lawful permanent resident of the d. Adding a new paragraph (c), to read (5) Any person filing a petition under United States under section as follows: section 204(f) of the Act as, or on behalf 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), of, an Amerasian for classification as an 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the § 204.2 Petitions for relatives, widows and immediate relative under section 201(b) Act. These self-petitions must be filed widowers, and abused spouses and children. of the Act or as a preference immigrant with the Service office in the United under section 203(a)(1) or 203(a)(3) of States having jurisdiction over the self- * * * * * the Act must file a Form I–360, Petition petitioner’s place of residence in the (c) Self-petition by spouse of abusive for Amerasian, Widow, or Special United States. citizen or lawful permanent resident. (1) Immigrant. These petitions are * * * * * Eligibility. (i) Basic eligibility described in § 204.4. 11. Section 204.1 is amended by requirements. A spouse may file a self- petition under section 204(a)(1)(A)(iii) * * * * * adding three new sentences at the end or 204(a)(1)(B)(ii) of the Act for his or 9. Section 204.1 is amended by of paragraph (f)(1), to read as follows: her classification as an immediate revising paragraph (e)(1), to read as § 204.1 General information about relative or as a preference immigrant if follows: immediate relative and family-sponsored he or she: § 204.1 General information about petitions. (A) Is the spouse of a citizen or lawful immediate relative and family-sponsored * * * * * permanent resident of the United States; petitions. (f) * * * (B) Is eligible for immigrant * * * * * (1) * * * The Service will consider classification under section (e) * * * any credible evidence relevant to a self- 201(b)(2)(A)(i) or 203(a)(2)(A) of the Act (1) Petitioner or self-petitioner petition filed by a qualified spouse or based on that relationship; residing in the United States. The child of an abusive citizen or lawful (C) Is residing in the United States; petition or self-petition must be filed permanent resident under section (D) Has resided in the United States with the Service office having 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), with the citizen or lawful permanent jurisdiction over the place where the 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the resident spouse; petitioner or self-petitioner is residing. Act. The self-petitioner may, but is not (E) Has been battered by, or has been When the petition or self-petition is required to, demonstrate that preferred the subject of extreme cruelty accompanied by an application for primary or secondary evidence is perpetrated by, the citizen or lawful adjustment of status, the petition or self- unavailable. The determination of what permanent resident during the marriage; petition may be filed with the Service evidence is credible and the weight to or is that parent of a child who has been office having jurisdiction over the be given that evidence shall be within battered by, or has been the subject of beneficiary’s or self-petitioner’s place of the sole discretion of the Service. extreme cruelty perpetrated by, the residence. * * * * * citizen or lawful permanent resident * * * * * 12. Section 204.1 is amended by during the marriage; 9. Section 204.1 is amended by adding a new paragraph (g)(3), to read (F) Is a person of good moral adding two new sentences at the end of as follows: character; paragraph (e)(2), to read as follows: (G) Is a person whose deportation § 204.1 General information about would result in extreme hardship to § 204.1 General information about immediate relative and family-sponsored himself, herself, or his or her child; and immediate relative and family-sponsored petitions. (H) Entered into the marriage to the petitions. * * * * * citizen or lawful permanent resident in * * * * * (g) * * * good faith. (e) * * * (3) Evidence submitted with a self- (ii) Legal status of the marriage. The (2) * * * An overseas Service officer petition. If a self-petitioner filing under self-petitioning spouse must be legally may not accept or approve a self- section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), married to the abuser when the petition petition filed by the spouse or child of 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the is properly filed with the Service. A an abusive citizen or lawful permanent Act is unable to present primary or spousal self-petition must be denied if resident of the United States under secondary evidence of the abuser’s the marriage to the abuser legally ended section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), status, the Service will attempt to through annulment, death, or divorce 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the electronically verify the abuser’s before that time. After the self-petition Act. These self-petitions must be filed citizenship or immigration status from has been properly filed, the legal with the Service office in the United information contained in Service termination of the marriage will have no States having jurisdiction over the self- computerized records. Other Service effect on the decision made on the self- 13074 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations petition. The self-petitioner’s convicted of an offense or offenses but (2) Evidence for a spousal self- remarriage, however, will be a basis for admits to the commission of an act or petition. (i) General. Self-petitioners are the denial of a pending self-petition. acts that could show a lack of good encouraged to submit primary evidence (iii) Citizenship or immigration status moral character under section 101(f) of whenever possible. The Service will of the abuser. The abusive spouse must the Act. A person who was subjected to consider, however, any credible be a citizen of the United States or a abuse in the form of forced prostitution evidence relevant to the petition. The lawful permanent resident of the United or who can establish that he or she was determination of what evidence is States when the petition is filed and forced to engage in other behavior that credible and the weight to be given that when it is approved. Changes in the could render the person excludable evidence shall be within the sole abuser’s citizenship or lawful under section 212(a) of the Act would discretion of the Service. permanent resident status after the not be precluded from being found to be (ii) Relationship. A self-petition filed approval will have no effect on the self- a person of good moral character, by a spouse must be accompanied by petition. A self-petition approved on the provided the person has not been evidence of citizenship of the United basis of a relationship to an abusive convicted for the commission of the States citizen or proof of the lawful permanent resident spouse will offense or offenses in a court of law. A immigration status of the lawful not be automatically upgraded to self-petitioner will also be found to lack permanent resident abuser. It must also immediate relative status. The self- good moral character, unless he or she be accompanied by evidence of the petitioner would not be precluded, establishes extenuating circumstances, relationship. Primary evidence of a however, from filing a new self-petition if he or she willfully failed or refused to marital relationship is a marriage for immediate relative classification support dependents; or committed certificate issued by civil authorities, after the abuser’s naturalization, unlawful acts that adversely reflect and proof of the termination of all prior provided the self-petitioner continues to upon his or her moral character, or was marriages, if any, of both the self- meet the self-petitioning requirements. convicted or imprisoned for such acts, petitioner and the abuser. If the self- (iv) Eligibility for immigrant although the acts do not require an petition is based on a claim that the self- classification. A self-petitioner is automatic finding of lack of good moral petitioner’s child was battered or required to comply with the provisions character. A self-petitioner’s claim of subjected to extreme cruelty committed of section 204(c) of the Act, section good moral character will be evaluated by the citizen or lawful permanent 204(g) of the Act, and section 204(a)(2) on a case-by-case basis, taking into resident spouse, the self-petition should of the Act. account the provisions of section 101(f) also be accompanied by the child’s birth (v) Residence. A self-petition will not of the Act and the standards of the certificate or other evidence showing be approved if the self-petitioner is not average citizen in the community. If the the relationship between the self- residing in the United States when the results of record checks conducted prior petitioner and the abused child. self-petition is filed. The self-petitioner to the issuance of an immigrant visa or (iii) Residence. One or more is not required to be living with the approval of an application for documents may be submitted showing abuser when the petition is filed, but he adjustment of status disclose that the that the self-petitioner and the abuser or she must have resided with the self-petitioner is no longer a person of have resided together in the United abuser in the United States in the past. good moral character or that he or she States. One or more documents may also (vi) Battery or extreme cruelty. For the has not been a person of good moral be submitted showing that the self- purpose of this chapter, the phrase ‘‘was character in the past, a pending self- petitioner is residing in the United battered by or was the subject of petition will be denied or the approval States when the self-petition is filed. extreme cruelty’’ includes, but is not of a self-petition will be revoked. Employment records, utility receipts, limited to, being the victim of any act (viii) Extreme hardship. The Service school records, hospital or medical or threatened act of violence, including will consider all credible evidence of records, birth certificates of children any forceful detention, which results or extreme hardship submitted with a self- born in the United States, deeds, threatens to result in physical or mental petition, including evidence of hardship mortgages, rental records, insurance injury. Psychological or sexual abuse or arising from circumstances surrounding policies, affidavits or any other type of exploitation, including rape, the abuse. The extreme hardship claim relevant credible evidence of residency molestation, incest (if the victim is a will be evaluated on a case-by-case basis may be submitted. minor), or forced prostitution shall be after a review of the evidence in the (iv) Abuse. Evidence of abuse may considered acts of violence. Other case. Self-petitioners are encouraged to include, but is not limited to, reports abusive actions may also be acts of cite and document all applicable factors, and affidavits from police, judges and violence under certain circumstances, since there is no guarantee that a other court officials, medical personnel, including acts that, in and of particular reason or reasons will result school officials, clergy, social workers, themselves, may not initially appear in a finding that deportation would and other social service agency violent but that are a part of an overall cause extreme hardship. Hardship to personnel. Persons who have obtained pattern of violence. The qualifying persons other than the self-petitioner or an order of protection against the abuser abuse must have been committed by the the self-petitioner’s child cannot be or have taken other legal steps to end citizen or lawful permanent resident considered in determining whether a the abuse are strongly encouraged to spouse, must have been perpetrated self-petitioning spouse’s deportation submit copies of the relating legal against the self-petitioner or the self- would cause extreme hardship. documents. Evidence that the abuse petitioner’s child, and must have taken (ix) Good faith marriage. A spousal victim sought safe-haven in a battered place during the self-petitioner’s self-petition cannot be approved if the women’s shelter or similar refuge may marriage to the abuser. self-petitioner entered into the marriage be relevant, as may a combination of (vii) Good moral character. A self- to the abuser for the primary purpose of documents such as a photograph of the petitioner will be found to lack good circumventing the immigration laws. A visibly injured self-petitioner supported moral character if he or she is a person self-petition will not be denied, by affidavits. Other forms of credible described in section 101(f) of the Act. however, solely because the spouses are relevant evidence will also be Extenuating circumstances may be taken not living together and the marriage is considered. Documentary proof of non- into account if the person has not been no longer viable. qualifying abuses may only be used to Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13075 establish a pattern of abuse and violence (ii) Notice of intent to deny. If the (A) Is the child of a citizen or lawful and to support a claim that qualifying preliminary decision on a properly filed permanent resident of the United States; abuse also occurred. self-petition is adverse to the self- (B) Is eligible for immigrant (v) Good moral character. Primary petitioner, the self-petitioner will be classification under section evidence of the self-petitioner’s good provided with written notice of this fact 201(b)(2)(A)(i) or 203(a)(2)(A) of the Act moral character is the self-petitioner’s and offered an opportunity to present based on that relationship; affidavit. The affidavit should be additional information or arguments (C) Is residing in the United States; accompanied by a local police clearance before a final decision is rendered. If the (D) Has resided in the United States or a state-issued criminal background adverse preliminary decision is based with the citizen or lawful permanent check from each locality or state in the on derogatory information of which the resident parent; United States in which the self- self-petitioner is unaware, the self- (E) Has been battered by, or has been petitioner has resided for six or more petitioner will also be offered an the subject of extreme cruelty months during the 3-year period opportunity to rebut the derogatory perpetrated by, the citizen or lawful immediately preceding the filing of the information in accordance with the permanent resident parent while self-petition. Self-petitioners who lived provisions of 8 CFR 103.2(b)(16). residing with that parent; (F) Is a person of good moral outside the United States during this (iii) Petition denied. If the self- character; and time should submit a police clearance, petition is denied, the self-petitioner (G) Is a person whose deportation criminal background check, or similar will be notified in writing of the reasons would result in extreme hardship to report issued by the appropriate for the denial and of the right to appeal authority in each foreign country in himself or herself. the decision. (ii) Parent-child relationship to the which he or she resided for six or more (4) Derivative beneficiaries. A child months during the 3-year period abuser. The self-petitioning child must accompanying or following-to-join the be unmarried, less than 21 years of age, immediately preceding the filing of the self-petitioning spouse may be accorded self-petition. If police clearances, and otherwise qualify as the abuser’s the same preference and priority date as criminal background checks, or similar child under the definition of child the self-petitioner without the necessity reports are not available for some or all contained in section 101(b)(1) of the Act of a separate petition, if the child has locations, the self-petitioner may when the petition is filed and when it not been classified as an immigrant include an explanation and submit is approved. Termination of the abuser’s based on his or her own self-petition. A other evidence with his or her affidavit. parental rights or a change in legal derivative child who had been included The Service will consider other credible custody does not alter the self- in a parent’s self-petition may later file evidence of good moral character, such petitioning relationship provided the a self-petition, provided the child meets as affidavits from responsible persons child meets the requirements of section the self-petitioning requirements. A who can knowledgeably attest to the 101(b)(1) of the Act. self-petitioner’s good moral character. child who has been classified as an (iii) Citizenship or immigration status (vi) Extreme hardship. Evidence of immigrant based on a petition filed by of the abuser. The abusive parent must extreme hardship may include the abuser or another relative may also be a citizen of the United States or a affidavits, birth certificates of children, be derivatively included in a parent’s lawful permanent resident of the United medical reports, protection orders and self-petition. The derivative child must States when the petition is filed and other court documents, police reports, be unmarried, less than 21 years old, when it is approved. Changes in the and other relevant credible evidence. and otherwise qualify as the self- abuser’s citizenship or lawful (vii) Good faith marriage. Evidence of petitioner’s child under section permanent resident status after the good faith at the time of marriage may 101(b)(1)(F) of the Act until he or she approval will have no effect on the self- include, but is not limited to, proof that becomes a lawful permanent resident petition. A self-petition approved on the one spouse has been listed as the other’s based on the derivative classification. basis of a relationship to an abusive spouse on insurance policies, property (5) Name change. If the self- lawful permanent resident will not be leases, income tax forms, or bank petitioner’s current name is different automatically upgraded to immediate accounts; and testimony or other than the name shown on the documents, relative status. The self-petitioning child evidence regarding courtship, wedding evidence of the name change (such as would not be precluded, however, from ceremony, shared residence and the petitioner’s marriage certificate, filing a new self-petition for immediate experiences. Other types of readily legal document showing name change, relative classification after the abuser’s available evidence might include the or other similar evidence) must naturalization, provided the self- birth certificates of children born to the accompany the self-petition. petitioning child continues to meet the abuser and the spouse; police, medical, * * * * * self-petitioning requirements. or court documents providing 14. Section 204.2 is amended by (iv) Eligibility for immigrant information about the relationship; and redesignating paragraphs (e), (f), (g), and classification. A self-petitioner is affidavits of persons with personal (h), as paragraphs (f), (g), (h), and (i), required to comply with the provisions knowledge of the relationship. All respectively; and by adding a new of section 204(c) of the Act, section credible relevant evidence will be paragraph (e), to read as follows: 204(g) of the Act, and section 204(a)(2) considered. of the Act. (3) Decision on and disposition of the § 204.2 Petitions for relatives, widows and (v) Residence. A self-petition will not petition. (i) Petition approved. If the widowers, and abused spouses and be approved if the self-petitioner is not self-petitioning spouse will apply for children. residing in the United States when the adjustment of status under section 245 * * * * * self-petition is filed. The self-petitioner of the Act, the approved petition will be (e) Self-petition by child of abusive is not required to be living with the retained by the Service. If the self- citizen or lawful permanent resident. (1) abuser when the petition is filed, but he petitioner will apply for an immigrant Eligibility. (i) A child may file a self- or she must have resided with the visa abroad, the approved self-petition petition under section 204(a)(1)(A)(iv) abuser in the United States in the past. will be forwarded to the Department of or 204(a)(1)(B)(iii) of the Act if he or (vi) Battery or extreme cruelty. For the State’s National Visa Center. she: purpose of this chapter, the phrase ‘‘was 13076 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations battered by or was the subject of petition will be denied or the approval parent and the stepparent showing extreme cruelty’’ includes, but is not of a self-petition will be revoked. marriage before the stepchild reached 18 limited to, being the victim of any act (viii) Extreme hardship. The Service years of age, and evidence of legal or threatened act of violence, including will consider all credible evidence of termination of all prior marriages of any forceful detention, which results or extreme hardship submitted with a self- either parent, if any; and threatens to result in physical or mental petition, including evidence of hardship (F) An adopted self-petitioning child injury. Psychological or sexual abuse or arising from circumstances surrounding and an abusive adoptive parent is an exploitation, including rape, the abuse. The extreme hardship claim adoption decree showing that the molestation, incest (if the victim is a will be evaluated on a case-by-case basis adoption took place before the child minor), or forced prostitution shall be after a review of the evidence in the reached 16 years of age, and evidence considered acts of violence. Other case. Self-petitioners are encouraged to that the child has been residing with abusive actions may also be acts of cite and document all applicable factors, and in the legal custody of the abusive violence under certain circumstances, since there is no guarantee that a adoptive parent for at least 2 years. including acts that, in and of particular reason or reasons will result (iii) Residence. One or more themselves, may not initially appear in a finding that deportation would documents may be submitted showing violent but are a part of an overall cause extreme hardship. Hardship to that the self-petitioner and the abuser pattern of violence. The qualifying persons other than the self-petitioner have resided together in the United abuse must have been committed by the cannot be considered in determining States. One or more documents may also citizen or lawful permanent resident whether a self-petitioning child’s be submitted showing that the self- parent, must have been perpetrated deportation would cause extreme petitioner is residing in the United against the self-petitioner, and must hardship. States when the self-petition is filed. have taken place while the self- (2) Evidence for a child’s self-petition. Employment records, school records, petitioner was residing with the abuser. (i) General. Self-petitioners are hospital or medical records, rental encouraged to submit primary evidence records, insurance policies, affidavits or (vii) Good moral character. A self- whenever possible. The Service will any other type of relevant credible petitioner will be found to lack good consider, however, any credible evidence of residency may be moral character if he or she is a person evidence relevant to the petition. The submitted. described in section 101(f) of the Act. determination of what evidence is (iv) Abuse. Evidence of abuse may Extenuating circumstances may be taken credible and the weight to be given that include, but is not limited to, reports into account if the person has not been evidence shall be within the sole and affidavits from police, judges and convicted of an offense or offenses but discretion of the Service. other court officials, medical personnel, admits to the commission of an act or (ii) Relationship. A self-petition filed school officials, clergy, social workers, acts that could show a lack of good by a child must be accompanied by and other social service agency moral character under section 101(f) of evidence of citizenship of the United personnel. Persons who have obtained the Act. A person who was subjected to States citizen or proof of the an order of protection against the abuser abuse in the form of forced prostitution immigration status of the lawful or taken other legal steps to end the or who can establish that he or she was permanent resident abuser. It must also abuse are strongly encouraged to submit forced to engage in other behavior that be accompanied by evidence of the copies of the relating legal documents. could render the person excludable relationship. Primary evidence of the Evidence that the abuse victim sought under section 212(a) of the Act would relationship between: safe-haven in a battered women’s shelter not be precluded from being found to be (A) The self-petitioning child and an or similar refuge may be relevant, as a person of good moral character, abusive biological mother is the self- may a combination of documents such provided the person has not been petitioner’s birth certificate issued by as a photograph of the visibly injured convicted for the commission of the civil authorities; self-petitioner supported by affidavits. offense or offenses in a court of law. A (B) A self-petitioning child who was Other types of credible relevant self-petitioner will also be found to lack born in wedlock and an abusive evidence will also be considered. good moral character, unless he or she biological father is the child’s birth Documentary proof of non-qualifying establishes extenuating circumstances, certificate issued by civil authorities, abuse may only be used to establish a if he or she willfully failed or refused to the marriage certificate of the child’s pattern of abuse and violence and to support dependents; or committed parents, and evidence of legal support a claim that qualifying abuse unlawful acts that adversely reflect termination of all prior marriages, if also occurred. upon his or her moral character, or was any; (v) Good moral character. Primary convicted or imprisoned for such acts, (C) A legitimated self-petitioning evidence of the self-petitioner’s good although the acts do not require an child and an abusive biological father is moral character is the self-petitioner’s automatic finding of lack of good moral the child’s birth certificate issued by affidavit. The affidavit should be character. A self-petitioner’s claim of civil authorities, and evidence of the accompanied by a local police clearance good moral character will be evaluated child’s legitimation; or a state-issued criminal background on a case-by-case basis, taking into (D) A self-petitioning child who was check from each locality or state in the account the provisions of section 101(f) born out of wedlock and an abusive United States in which the self- of the Act and the standards of the biological father is the child’s birth petitioner has resided for six or more average citizen in the community. If the certificate issued by civil authorities months during the 3-year period results of record checks conducted prior showing the father’s name, and immediately preceding the filing of the to the issuance of an immigrant visa or evidence that a bona fide parent-child self-petition. Self-petitioners who lived approval of an application for relationship has been established outside the United States during this adjustment of status disclose that the between the child and the parent; time should submit a police clearance, self-petitioner is no longer a person of (E) A self-petitioning stepchild and an criminal background check, or similar good moral character or that he or she abusive stepparent is the child’s birth report issued by the appropriate has not been a person of good moral certificate issued by civil authorities, authority in the foreign country in character in the past, a pending self- the marriage certificate of the child’s which he or she resided for six or more Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13077 months during the 3-year period change, or other similar evidence) must 204(a)(1)(B)(iii) of the Act based on the immediately preceding the filing of the accompany the self-petition. relationship to an abusive lawful self-petition. If police clearances, * * * * * permanent resident of the United States criminal background checks, or similar for classification under section 203(a)(2) reports are not available for some or all § 204.2 [Amended] of the Act will not be affected by the locations, the self-petitioner may 15. Section 204.2 is amended in abuser’s naturalization and will not be include an explanation and submit newly designated paragraph (g)(2)(iv) by automatically converted to a petition for other evidence with his or her affidavit. revising the reference to ‘‘paragraphs immediate relative classification. The Service will consider other credible (f)(2)(ii) and (f)(2)(iii) of this section’’ to evidence of good moral character, such read ‘‘paragraphs (g)(2)(ii) and (g)(2)(iii) PART 205ÐREVOCATION OF as affidavits from responsible persons of this section’’. APPROVAL OF PETITIONS who can knowledgeably attest to the 16. Section 204.2 is amended by adding five new sentences at the end of 18. The authority citation for part 205 self-petitioner’s good moral character. A continues to read as follows: child who is less than 14 years of age the newly redesignated paragraph (h)(2), is presumed to be a person of good to read as follows: Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1155, 1182, and 1186a. moral character and is not required to § 204.2 Petitions for relatives, widows and submit affidavits of good moral widowers, and abused spouses and 19. Section 205.1 is revised to read as character, police clearances, criminal children. follows: background checks, or other evidence of * * * * * § 205.1 Automatic revocation. good moral character. (h) * * * (a) Reasons for automatic revocation. (2) * * * A self-petition filed under (vi) Extreme hardship. Evidence of The approval of a petition or self- section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), extreme hardship may include petition made under section 204 of the affidavits, medical reports, protection 204(a)(1)(B)(ii), 204(a)(1)(B)(iii) of the Act based on the relationship to an Act and in accordance with part 204 of orders and other court documents, this chapter is revoked as of the date of police reports, and other relevant abusive citizen or lawful permanent resident of the United States will not be approval: credible evidence. (1) If the Secretary of State shall regarded as a reaffirmation or (3) Decision on and disposition of the terminate the registration of the reinstatement of a petition previously petition. (i) Petition approved. If the beneficiary pursuant to the provisions of self-petitioning child will apply for filed by the abuser. A self-petitioner who has been the beneficiary of a visa section 203(e) of the Act before October adjustment of status under section 245 1, 1991, or section 203(g) of the Act on of the Act, the approved petition will be petition filed by the abuser to accord the self-petitioner immigrant classification or after October 1, 1994; retained by the Service. If the self- (2) If the filing fee and associated as his or her spouse or child, however, petitioner will apply for an immigrant service charge are not paid within 14 will be allowed to transfer the visa visa abroad, the approved self-petition days of the notification to the remitter will be forwarded to the Department of petition’s priority date to the self- petition. The visa petition’s priority date that his or her check or other financial State’s National Visa Center. may be assigned to the self-petition instrument used to pay the filing fee has (ii) Notice of intent to deny. If the without regard to the current validity of been returned as not payable; or (3) If any of the following preliminary decision on a properly filed the visa petition. The burden of proof to circumstances occur before the self-petition is adverse to the self- establish the existence of and the filing beneficiary’s or self-petitioner’s journey petitioner, the self-petitioner will be date of the visa petition lies with the provided with written notice of this fact self-petitioner, although the Service will to the United States commences or, if and offered an opportunity to present attempt to verify a claimed filing the beneficiary or self-petitioner is an additional information or arguments through a search of the Service’s applicant for adjustment of status to that before a final decision is rendered. If the computerized records or other records of a permanent resident, before the adverse preliminary decision is based deemed appropriate by the adjudicating decision on his or her adjustment on derogatory information of which the officer. A new self-petition filed under application becomes final: self-petitioner is unaware, the self- section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), (i) Immediate relative and family- petitioner will also be offered an 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the sponsored petitions, other than opportunity to rebut the derogatory Act will not be regarded as a Amerasian petitions. (A) Upon written information in accordance with the reaffirmation or reinstatement of the notice of withdrawal filed by the provisions of 8 CFR 103.2(b)(16). original self-petition unless the prior petitioner or self-petitioner with any (iii) Petition denied. If the self- and the subsequent self-petitions are officer of the Service who is authorized petition is denied, the self-petitioner based on the relationship to the same to grant or deny petitions. (B) Upon the death of the beneficiary will be notified in writing of the reasons abusive citizen or lawful permanent or the self-petitioner. for the denial and of the right to appeal resident of the United States. (C) Upon the death of the petitioner, the decision. * * * * * unless the Attorney General in his or (4) Derivative beneficiaries. A child of 17. Section 204.2 is amended by her discretion determines that for a self-petitioning child is not eligible for adding a new sentence at the end of the humanitarian reasons revocation would derivative classification and must have newly redesignated paragraph (i)(3), to be inappropriate. a petition filed on his or her behalf if read as follows: (D) Upon the legal termination of the seeking immigrant classification. § 204.2 Petitions for relatives, widows and marriage when a citizen or lawful (5) Name change. If the self- widowers, and abused spouses and permanent resident of the United States petitioner’s current name is different children. has petitioned to accord his or her than the name shown on the documents, * * * * * spouse immediate relative or family- evidence of the name change (such as (i) * * * sponsored preference immigrant the petitioner’s marriage certificate, (3) * * * A self-petition filed under classification under section 201(b) or legal document showing the name section 204(a)(1)(B)(ii) or section 203(a)(2) of the Act. The 13078 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations approval of a spousal self-petition based withdrawal filed by the petitioner with 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or on the relationship to an abusive citizen the officer who approved the petition. 203(b)(3) of the Act. or lawful permanent resident of the (B) Upon the death of the beneficiary. (iv) Special immigrant juvenile United States filed under section (C) Upon the death or bankruptcy of petitions. Unless the beneficiary met all 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) of the the sponsor who executed Form I–361, of the eligibility requirements as of Act, however, will not be revoked solely Affidavit of Financial Support and November 29, 1990, and the petition because of the termination of the Intent to Petition for Legal Custody for requirements as of November 29, 1990, marriage to the abuser. Pub. L. 97–359 Amerasian. In that event, and the petition for classification as a (E) Upon the remarriage of the spouse a new petition may be filed in the special immigrant juvenile was filed of an abusive citizen or lawful beneficiary’s behalf with the before June 1, 1994, or unless the permanent resident of the United States documentary evidence relating to change in circumstances resulted from when the spouse has self-petitioned sponsorship and, in the case of a the beneficiary’s adoption or placement under section 204(a)(1)(A)(iii) or beneficiary under 18 years of age, in a guardianship situation: 204(a)(1)(B)(ii) of the Act for immediate placement. If the new petition is (A) Upon the beneficiary reaching the relative classification under section approved, it will be given the priority age of 21; 201(b) of the Act or for preference date of the previously approved (B) Upon the marriage of the classification under section 203(a)(2) of petition. beneficiary; the Act. (D) Upon the death or substitution of (C) Upon the termination of the (F) Upon a child reaching the age of the petitioner if other than the beneficiary’s dependency upon the 21, when he or she has been accorded beneficiary or sponsor. However, if the juvenile court; immediate relative status under section petitioner dies or no longer desires or is (D) Upon the termination of the 201(b) of the Act. A petition filed on able to proceed with the petition, and beneficiary’s eligibility for long-term behalf of a child under section another person 18 years of age or older, foster care; or 204(a)(1)(A)(i) of the Act or a self- an emancipated minor, or a corporation (E) Upon the determination in petition filed by a child of an abusive incorporated in the United States administrative or judicial proceedings United States citizen under section desires to be substituted for the that it is in the beneficiary’s best interest 204(a)(1)(A)(iv) of the Act, however, deceased or original petitioner, a written to be returned to the country of will remain valid for the duration of the request may be submitted to the Service nationality or last habitual residence of relationship to accord preference status or American consular office where the the beneficiary or of his or her parent or under section 203(a)(1) of the Act if the petition is located to reinstate the parents. beneficiary remains unmarried, or to petition and restore the original priority (b) Notice. When it shall appear to the accord preference status under section date. director that the approval of a petition 203(a)(3) of the Act if he or she marries. (E) Upon the beneficiary’s reaching has been automatically revoked, he or (G) Upon the marriage of a child, the age of 21 when the beneficiary has she shall cause a notice of such when he or she has been accorded been accorded classification under revocation to be sent promptly to the immediate relative status under section section 201(b) of the Act. Provided that consular office having jurisdiction over 201(b) of the Act. A petition filed on all requirements of section 204(f) of the the visa application and a copy of such behalf of the child under section Act continue to be met, however, the notice to be mailed to the petitioner’s 204(a)(1)(A)(i) of the Act or a self- petition is to be considered valid for last known address. petition filed by a child of an abusive purposes of according the beneficiary 20. Section 205.2 is amended by United States citizen under section preference classification under section revising paragraph (b) and adding new 204(a)(1)(A)(iv) of the Act, however, 203(a)(1) of the Act if the beneficiary paragraphs (c) and (d), to read as will remain valid for the duration of the remains unmarried or under section follows: relationship to accord preference status 203(a)(3) if the beneficiary marries. under section 203(a)(3) of the Act if he (F) Upon the beneficiary’s marriage § 205.2 Revocation on notice. or she marries. when the beneficiary has been accorded * * * * * (H) Upon the marriage of a person classification under section 201(b) or (b) Notice of intent. Revocation of the accorded preference status as a son or section 203(a)(1) of the Act. Provided approval of a petition of self-petition daughter of a United States citizen that all requirements of section 204(f) of under paragraph (a) of this section will under section 203(a)(1) of the Act. A the Act continue to be met, however, the be made only on notice to the petitioner petition filed on behalf of the son or petition is to be considered valid for or self-petitioner. The petitioner or self- daughter, however, will remain valid for purposes of according the beneficiary petitioner must be given the opportunity the duration of the relationship to preference classification under section to offer evidence in support of the accord preference status under section 203(a)(3) of the Act. petition or self-petition and in 203(a)(3) of the Act. (iii) Petitions under section 203(b), opposition to the grounds alleged for (I) Upon the marriage of a person other than special immigrant juvenile revocation of the approval. accorded status as a son or daughter of petitions. (A) Upon invalidation (c) Notification of revocation. If, upon a lawful permanent resident alien under pursuant to 20 CFR Part 656 of the labor reconsideration, the approval previously section 203(a)(2) of the Act. certification in support of the petition. granted is revoked, the director shall (J) Upon legal termination of the (B) Upon the death of the petitioner provide the petitioner or the self- petitioner’s status as an alien admitted or beneficiary. petitioner with a written notification of for lawful permanent residence in the (C) Upon written notice of withdrawal the decision that explains the specific United States unless the petitioner filed by the petitioner, in employment- reasons for the revocation. The director became a United States citizen. The based preference cases, with any officer shall notify the consular officer having provisions of 8 CFR 204.2(i)(3) shall of the Service who is authorized to grant jurisdiction over the visa application, if apply if the petitioner became a United or deny petitions. applicable, of the revocation of an States citizen. (D) Upon termination of the approval. (ii) Petition for Pub. L. 97–359 employer’s business in an employment- (d) Appeals. The petitioner or self- Amerasian. (A) Upon formal notice of based preference case under section petitioner may appeal the decision to Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13079 revoke the approval within 15 days after EFFECTIVE DATE: March 26, 1996. DEPARTMENT OF TRANSPORTATION the service of notice of the revocation. FOR FURTHER INFORMATION CONTACT: J. The appeal must be filed as provided in Federal Aviation Administration Mills Williams, Senior Attorney (202/ part 3 of this chapter, unless the Associate Commissioner for 452–3701), Legal Division, Board of 14 CFR Part 39 Examinations exercises appellate Governors of the Federal Reserve System, 20th and C Streets, NW., [Docket No. 95±ANE±21; Amendment 39± jurisdiction over the revocation under 9547; AD 96±06±10] part 103 of this chapter. Appeals filed Washington, DC, 20551. For users of with the Associate Commissioner for Telecommunications Device for the Deaf Airworthiness Directives; AlliedSignal, Examinations must meet the (TDD) only, please contact Dorothea Inc. LTS101 Series Turboshaft Engines requirements of part 103 of this chapter. Thompson (202/452–3544). Installed on Eurocopter France Model SUPPLEMENTARY INFORMATION: AS±350D and SA±366G1 Helicopters PART 216ÐCONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE Background AGENCY: Federal Aviation STATUS Administration, DOT. The final rule that is the subject of ACTION: Final rule. 21. The authority citation for part 216 these corrections, revised an interim continues to read as follows: rule that was subject to public comment. SUMMARY: This amendment adopts a Authority: 8 U.S.C. 1101, 1103, 1154, 1184, Need for Correction new airworthiness directive (AD), 1186a, 1186b, and 8 CFR part 2. applicable to AlliedSignal, Inc. 22. Section 216.1 is amended by As published, the final rule contained (formerly Textron Lycoming) LTS101 adding a new sentence at the end of the three technical, non-substantive errors series turboshaft engines installed on section, to read as follows: that may prove to be misleading and are Eurocopter France (formerly in need of clarification. Aerospatiale) Model AS–350D and SA– § 216.1 Definition of conditional 366G1 helicopters, that requires List of Subjects in 12 CFR Part 268 permanent resident. incorporation of design modifications to ** * The conditions of section 216 Administrative practice and the power turbine (PT) rotor. This of the Act shall not apply to lawful procedure, Age, Civil rights, Equal amendment is prompted by reports of permanent resident status based on a employment opportunity, Federal PT disk failures after No. 3 bearing self-petitioning relationship under buildings and facilities, Federal Reserve failures. The actions specified by this section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), System, Government employees, AD are intended to prevent an 204(a)(1)(b)(ii), or 204(a)(1)(B)(iii) of the Individuals with disabilities, Religious uncontained engine failure due to a PT Act or based on eligibility as the discrimination, Sex discrimination, disk failure. derivative child of a self-petitioning Wages. DATES: Effective May 28, 1996. spouse under section 204(a)(1)(A)(iii) or The incorporation by reference of 204(a)(1)(B)(ii) of the Act, regardless of Accordingly, 12 CFR Part 268 is certain publications listed in the the date on which the marriage to the corrected by making the following regulations is approved by the Director abusive citizen or lawful permanent correcting amendments: of the Federal Register as of May 28, resident occurred. PART 268ÐRULES REGARDING 1996. Dated: March 1, 1996. EQUAL OPPORTUNITY ADDRESSES: The service information Doris Meissner, referenced in this AD may be obtained Commissioner, Immigration and 1. The authority citation for Part 268 from AlliedSignal Engines, 550 Main Naturalization Service. continues to read as follows: Street, Stratford, CT 06497. This [FR Doc. 96–7219 Filed 3–25–96; 8:45 am] information may be examined at the Authority: 12 U.S.C. 244 and 248 (i), (k) BILLING CODE 4410±10±M and (l). Federal Aviation Administration (FAA), New England Region, Office of the § 268.301 [Corrected] Assistant Chief Counsel, 12 New England Executive Park, Burlington, FEDERAL RESERVE SYSTEM 2. In § 268.301, paragraph (c)(3), the MA; or at the Office of the Federal cite ‘‘§ 268.209(a)(8)’’ is revised to read 12 CFR Part 268 Register, 800 North Capitol Street, NW., ‘‘§ 268.209(b)(8)’’. [Docket No. R±0797] suite 700, Washington, DC. § 268.305 [Corrected] FOR FURTHER INFORMATION CONTACT: Rules Regarding Equal Opportunity; 3. In § 268.305, paragraph (c)(1), the Eugene Triozzi, Aerospace Engineer, Correction cite ‘‘§ 268.202(e)(3)’’ is revised to read Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New AGENCY: Board of Governors of the ‘‘§ 268.202(f)(3)’’. England Executive Park, Burlington, MA Federal Reserve System. § 268.506 [Corrected] 01803–5299; telephone (617) 238–7148, ACTION: Final rule; correcting fax (617) 238–7199. amendments. 4. In § 268.506, remove the cite ‘‘(29 U.S.C. 225)’’ at the end of the first SUPPLEMENTARY INFORMATION: A SUMMARY: This document contains sentence. proposal to amend part 39 of the Federal technical corrections to the final rule Aviation Regulations (14 CFR part 39) to that was published April 6, 1994 (59 FR By order of the Board of Governors of the include an airworthiness directive (AD) 16096). The rule sets forth the Federal Reserve System under delegated that is applicable to AlliedSignal, Inc. requirements, policies and procedures authority, March 20, 1996. (formerly Textron Lycoming) LTS101 with regard to discrimination in William W. Wiles, series turboshaft engines installed on employment, and in agency programs Secretary of the Board. Eurocopter France (formerly and activities, at the Board of Governors [FR Doc. 96–7174 Filed 3–25–96; 8:45 am] Aerospatiale) Model AS–350D and SA– of the Federal Reserve System. BILLING CODE 6210±01±P 366G1 helicopters was published in the 13080 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

Federal Register on June 30, 1995 (60 $44,400 per engine. Based on these Federal Aviation Regulations (14 CFR FR 21053). That action proposed to figures, the cost impact to install the part 39) as follows: require incorporation of a modified improved power turbine rotor assembly power turbine (PT) rotor retention and the power turbine retention system PART 39ÐAIRWORTHINESS system at the next shop visit after the required by this AD on U.S. operators is DIRECTIVES effective date of this AD, but not later estimated to be $900,000. The FAA 1. The authority citation for part 39 than April 30, 1996, in accordance with estimates that 60 engines installed on continues to read as follows: Textron Lycoming Service Bulletin (SB) aircraft of U.S. registry have previously No. LTS101A–72–50–0134, Revision 1, installed the improved power turbine Authority: 49 U.S.C. 106(g), 40113, 44701. dated June 17, 1991, and SB No. rotor assembly and the power turbine § 39.13 [Amended] LTS101B–72–50–0128, Revision 1, retention system, in addition to the 20 2. Section 39.13 is amended by dated June 17, 1991. engines in the paragraph above. adding the following new airworthiness Interested persons have been afforded Therefore, a total of 80 engines will be directive: an opportunity to participate in the affected by the requirement to enable making of this amendment. Due the pneumatic portion of the PT 96–06–10 AlliedSignal, Inc.: Amendment consideration has been given to the one retention system by installing the tee- 39–9547. Docket 95–ANE–21. comment received. fitting and pressurization line. The FAA Applicability: AlliedSignal, Inc. (formerly The commenter states that the estimates that it will take approximately Textron Lycoming) Models LTS101–600A–2 instructions for installation of the PT and –600A–3 turboshaft engines installed on 2.5 work hours per engine to Eurocopter France (formerly Aerospatiale) retention system should be revised to accomplish the required action. Model AS–350D helicopters; and LTS101– require installation of two parts, Required parts will cost approximately 750B–2 turboshaft engines installed on inadvertently omitted but necessary to $385 per engine. Based on these figures, Eurocopter France Model SA–366G1 enable the pneumatic portion of the PT the total cost impact of installing the helicopters. retention system. These parts consist of tee-fitting and pressurization line Note: This airworthiness directive (AD) a tee-fitting to replace an existing elbow required by the AD on U.S. operators is applies to each engine identified in the fitting in the main fuel control, and a estimated to be $42,800. Therefore, the preceding applicability provision, regardless pressurization line. The FAA concurs, revised total cost impact of this AD on of whether it has been modified, altered, or and has revised the accomplishment all U.S. operators is estimated to be repaired in the area subject to the instructions of the final rule to refer to requirements of this AD. For engines that $942,800. have been modified, altered, or repaired so later revisions of the applicable SB’s, The regulations adopted herein will that the performance of the requirements of which reflect installation of these not have substantial direct effects on the this AD is affected, the owner/operator must additional parts. Consequently, the FAA States, on the relationship between the use the authority provided in paragraph (c) has extended the compliance timetable national government and the States, or to request approval from the Federal Aviation for the final rule in order to provide on the distribution of power and Administration (FAA). This approval may sufficient opportunity for installation of responsibilities among the various address either no action, if the current the parts, and to ensure parts levels of government. Therefore, in configuration eliminates the unsafe availability. The FAA has determined condition, or different actions necessary to accordance with Executive Order 12612, address the unsafe condition described in that installation of the additional parts it is determined that this final rule does this AD. Such a request should include an will not have a substantial additional not have sufficient federalism assessment of the effect of the changed impact on accomplishment of the implications to warrant the preparation configuration on the unsafe condition requirements of this AD. of a Federalism Assessment. addressed by this AD. In no case does the Since publication of the NPRM, the For the reasons discussed above, I presence of any modification, alteration, or manufacturer has issued the following certify that this action (1) is not a repair remove any engine from the revisions to the SB’s, which are ‘‘significant regulatory action’’ under applicability of this AD. referenced in this final rule: Executive Order 12866; (2) is not a Compliance: Required as indicated, unless accomplished previously. AlliedSignal Engines SB No. LTS101A– ‘‘significant rule’’ under DOT 72–50–0134, Revision 2, dated August To prevent an uncontained engine failure Regulatory Policies and Procedures (44 due to power turbine (PT) disk failure, 15, 1995; AlliedSignal Engines SB No. FR 11034, February 26, 1979); and (3) accomplish the following at the next shop LTS101B–72–50–0128, Revision 2, will not have a significant economic visit after the effective date of this dated August 15, 1995; and AlliedSignal impact, positive or negative, on a airworthiness directive (AD) when the PT Engines SB No. LTS101A–73–20–0166, substantial number of small entities rotor is removed, but not later than July 1, Revision 2, dated August 1, 1995. under the criteria of the Regulatory 1996: After careful review of the available Flexibility Act. A final evaluation has (a) For LTS101–600A–2 and –600A–3 data, including the comment noted turboshaft engines installed on Eurocopter been prepared for this action and it is France (formerly Aerospatiale) Model AS– above, the FAA has determined that air contained in the Rules Docket. A copy safety and the public interest require the 350D helicopters, incorporate improved PT of it may be obtained from the Rules rotor retention system modifications in adoption of the rule with the changes Docket at the location provided under accordance with Section II., Accomplishment described previously. the caption ADDRESSES. Instructions, Paragraphs A. through AT. of The FAA estimates that 20 engines AlliedSignal Engines Service Bulletin (SB) installed on aircraft of U.S. registry will List of Subjects in 14 CFR Part 39 No. LTS101A–72–50–0134, Revision 2, dated be affected by the requirement to install Air Transportation, Aircraft, Aviation August 15, 1995, and concurrently replace the improved power turbine rotor safety, Incorporation by reference, elbow fitting in fuel control governor orifice assembly and the power turbine Safety. cover Py port with tee-fitting assembly, P/N retention system required by this AD, 2543854, in accordance with Section II., that it will take approximately 10 work Adoption of the Amendment Accomplishment Instructions, Paragraphs C. (5) through C. (7) of AlliedSignal Engines SB hours per engine to accomplish the Accordingly, pursuant to the No. LTS101A–73–20–166, Revision 2, dated required actions, and that the average authority delegated to me by the August 1, 1995. labor rate is $60 per work hour. Administrator, the Federal Aviation (b) For LTS101–750B–2 turboshaft engines Required parts will cost approximately Administration amends part 39 of the installed on Eurocopter France Model SA– Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13081

366G1 helicopters, incorporate improved PT Certification Office. The request should be (e) Special flight permits may be issued in rotor retention system modifications in forwarded through an appropriate FAA accordance with sections 21.197 and 21.199 accordance with Section II., Accomplishment Principal Maintenance Inspector, who may of the Federal Aviation Regulations (14 CFR Instructions, of AlliedSignal Engines SB No. add comments and then send it to the 21.197 and 21.199) to operate the aircraft to LTS101B–72–50–0128, Revision 2, dated Manager, Engine Certification Office. a location where the requirements of this AD August 15, 1995. Note: Information concerning the existence can be accomplished. (c) An alternative method of compliance or of approved alternative methods of (f) The modification of the PT rotor adjustment of the compliance time that compliance with this airworthiness directive, retention system shall be done in accordance provides an acceptable level of safety may be if any, may be obtained from the Engine used if approved by the Manager, Engine Certification Office. with the following AlliedSignal Engines SB’s:

Document No. Pages Revision Date

LTS101A72±50±0134 ...... 1±11 2 Aug. 15, 1995. Total pages: 11. LTS101B72±50±0128 ...... 1±11 2 Aug. 15, 1995. Total pages: 11. LTS101A73±20±0166 ...... 1±6 2 Aug. 1, 1995. Total pages: 11.

This incorporation by reference was engine compressor components and an A72–7522, dated February 17, 1995, that approved by the Director of the Federal inflight engine shutdown. describe main shouldered shaft Register in accordance with 5 U.S.C. 552(a) DATES: Effective May 28, 1996. (tieshaft) cyclic life limits; and Service and 1 CFR part 51. Copies may be obtained Bulletins (SB’s) No. TPE331–72–7130, from AlliedSignal Engines, 550 Main Street, The incorporation by reference of Stratford, CT 06497. Copies may be inspected certain publications listed in the dated June 17, 1994, No. TPE331–72– at the FAA, New England Region, Office of regulations is approved by the Director 7131, dated June 17, 1994, and No. the Assistant Chief Counsel, 12 New England of the Federal Register as of May 28, TPE331–72–7523, dated February 17, Executive Park, Burlington, MA; or at the 1996. 1995, that describe forward coupling Office of the Federal Register, 800 North ADDRESSES: The service information shaft (stub shaft) cyclic life limits. Capitol Street NW., suite 700, Washington, referenced in this AD may be obtained Interested persons have been afforded DC. an opportunity to participate in the (e) This amendment becomes effective on from AlliedSignal Aerospace, Data Distribution, M/S 64–03/2101–201, P.O. making of this amendment. No May 28, 1996. comments were received on the Issued in Burlington, Massachusetts, on Box 29003, Phoenix, AZ 85038–9003; telephone (602) 365–2493, fax (602) proposal or the FAA’s determination of March 11, 1996. the cost to the public. The FAA has James C. Jones, 365–5577. This information may be examined at the Federal Aviation determined that air safety and the Acting Manager, Engine and Propeller public interest require the adoption of Directorate, Aircraft Certification Service. Administration (FAA), New England Region, Office of the Assistant Chief the rule as proposed. [FR Doc. 96–7141 Filed 3–25–96; 8:45 am] There are approximately 200 engines Counsel, 12 New England Executive BILLING CODE 4910±13±U of the affected design in the worldwide Park, Burlington, MA; or at the Office of fleet. The FAA estimates that 150 the Federal Register, 800 North Capitol engines installed on aircraft of U.S. Street, NW., suite 700, Washington, DC. 14 CFR Part 39 registry will be affected by this AD, that FOR FURTHER INFORMATION CONTACT: it will take approximately 80 work [Docket No. 95±ANE±09; Amendment 39± Joseph Costa, Aerospace Engineer, Los hours per engine to accomplish the 9548; AD 96±06±11] Angeles Aircraft Certification Office, required actions, and that the average FAA, Transport Airplane Directorate, labor rate is $60 per work hour. Airworthiness Directives; AlliedSignal 3960 Paramount Blvd., Lakewood, CA Inc. TPE331 Series Turboprop Engines Required parts will cost approximately 90712–4137; telephone (310) 627–5246; $22,000 per engine for engines where AGENCY: Federal Aviation fax (310) 627–5210. tieshafts and stub shafts are not Administration, DOT. SUPPLEMENTARY INFORMATION: A serviceable. Based on these figures, the ACTION: Final rule. proposal to amend part 39 of the Federal total cost impact of the AD on U.S. Aviation Regulations (14 CFR part 39) to operators is estimated to be $4,020,000. SUMMARY: This amendment adopts a include an airworthiness directive (AD) The regulations adopted herein will new airworthiness directive (AD), that is applicable to AlliedSignal Inc. not have substantial direct effects on the applicable to certain AlliedSignal Inc. (formerly Garrett Engine Division) States, on the relationship between the (formerly Garrett Engine Division) Models TPE331–14A, –14B, –14F, and national government and the States, or TPE331 series turboprop engines, that –15AW turboprop engines was on the distribution of power and establishes cyclic retirement lives for published in the Federal Register on responsibilities among the various certain compressor components. This June 19, 1995 (60 FR 31932). That action levels of government. Therefore, in amendment is prompted by proposed to establish cyclic retirement accordance with Executive Order 12612, manufacturer’s engine testing and lives for main shouldered shafts it is determined that this final rule does analysis that indicate that if these (tieshafts) and forward coupling shafts not have sufficient federalism compressor components continue in (stub shafts) in accordance with the implications to warrant the preparation service without an established following AlliedSignal Engines service of a Federalism Assessment. retirement life, accumulative cyclic documents: Alert Service Bulletins For the reasons discussed above, I effects may result in a fatigue failure. (ASB’s): No. TPE331–A72–7128, dated certify that this action (1) is not a The actions specified by this AD are June 10, 1994, No. TPE331–A72–7129, ‘‘significant regulatory action’’ under intended to prevent fatigue failure of dated June 10, 1994, and No. TPE331– Executive Order 12866; (2) is not a 13082 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

‘‘significant rule’’ under DOT of whether it has been modified, altered, or (b) For forward coupling shafts (stub Regulatory Policies and Procedures (44 repaired in the area subject to the shafts), P/N 3104281–2, initiate a life limited FR 11034, February 26, 1979); and (3) requirements of this AD. For engines that part log card, identify the P/N, serialize the will not have a significant economic have been modified, altered, or repaired so forward coupling shaft (stub shaft), at the that the performance of the requirements of impact, positive or negative, on a next major periodic inspection or complete this AD is affected, the owner/operator must disassembly of the compressor module after substantial number of small entities use the authority provided in paragraph (c) under the criteria of the Regulatory the effective date of this AD, whichever to request approval from the Federal Aviation occurs first, in accordance with the following Administration (FAA). This approval may Flexibility Act. A final evaluation has AlliedSignal Inc. Service Bulletins (SB’s): address either no action, if the current been prepared for this action and it is (1) For forward coupling shafts (stub contained in the Rules Docket. A copy configuration eliminates the unsafe condition, or different actions necessary to shafts) installed in TPE331–14A and –14B of it may be obtained from the Rules engines, in accordance with SB No. TPE331– Docket at the location provided under address the unsafe condition described in this AD. Such a request should include an 72–7130, dated June 17, 1994. the caption ADDRESSES. assessment of the effect of the changed (2) For forward coupling shafts (stub List of Subjects in 14 CFR Part 39 configuration on the unsafe condition shafts) installed in TPE331–14F engines, in addressed by this AD. In no case does the accordance with SB No. TPE331–72–7131, Air transportation, Aircraft, Aviation presence of any modification, alteration, or dated June 17, 1994. safety, Incorporation by reference, repair remove any engine from the (3) For forward coupling shafts (stub Safety. applicability of this AD. shafts) installed in TPE331–15AW engines, in accordance with SB No. TPE331–72–7523, Adoption of the Amendment Compliance: Required as indicated, unless accomplished previously. dated February 17, 1995. Accordingly, pursuant to the To prevent fatigue failure of engine (4) Remove from service forward coupling authority delegated to me by the compressor components and an inflight shafts (stub shafts) prior to accumulating Administrator, the Federal Aviation engine shutdown, accomplish the following: 20,000 CIS. Administration amends part 39 of the (a) For main shouldered shafts (tieshafts), Note: For guidance on the destruction or Federal Aviation Regulations (14 CFR Part Number (P/N) 3105102–1, initiate a life marking of parts no longer serviceable for limited part log card and remove from service part 39) as follows: aviation use, see Advisory Circular 21–38, in accordance with the following schedule dated July 5, 1994. PART 39ÐAIRWORTHINESS and the following AlliedSignal Inc. Alert Service Bulletins (ASB’s): (c) An alternative method of compliance or DIRECTIVES (1) Determine cycles in service (CIS) for the adjustment of the compliance time that main shouldered shafts (tieshafts) as follows: provides an acceptable level of safety may be 1. The authority citation for part 39 used if approved by the Manager, Los continues to read as follows: (i) For main shouldered shafts (tieshafts) installed in TPE331–14A and –14B engines, Angeles Aircraft Certification Office. The Authority: 49 USC 106(g), 40113, 44701. in accordance with ASB No. TPE331–A72– request should be forwarded through an 7128, dated June 10, 1994. appropriate FAA Principal Maintenance § 39.13 [Amended] (ii) For main shouldered shafts (tieshafts) Inspector, who may add comments and then 2. Section 39.13 is amended by installed in TPE331–14F engines, in send it to the Manager, Los Angeles Aircraft adding the following new airworthiness accordance with ASB No. TPE331–A72– Certification Office. directive: 7129, dated June 10, 1994. Note: Information concerning the existence (iii) For main shouldered shafts (tieshafts) of approved alternative methods of 96–06–11 AlliedSignal Inc.: Amendment installed in TPE331–15AW engines, in 39–9548. Docket 95–ANE–09. compliance with this airworthiness directive, accordance with ASB No. TPE331–A72– if any, may be obtained from the Los Angeles Applicability: AlliedSignal Inc. (formerly 7522, dated February 17, 1995. Aircraft Certification Office. Garrett Engine Division) Models TPE331– (2) For main shouldered shafts (tieshafts) 14A, –14B, –14F, and –15AW turboprop with greater than 5,600 CIS on the effective (d) Special flight permits may be issued in engines, installed on but not limited to the date of this airworthiness directive (AD), or accordance with sections 21.197 and 21.199 following aircraft: Piper Model PA–42–1000 if operating hours or cycles are unknown, of the Federal Aviation Regulations (14 CFR and Grumman Model TS–2A (modified in remove from service within 400 CIS after the 21.197 and 21.199) to operate the aircraft to accordance with Supplemental Type effective date of this AD. a location where the requirements of this AD Certificate SA4837NM). (3) For main shouldered shafts (tieshafts) can be accomplished. Note: This airworthiness directive (AD) with 5,600 or less CIS on the effective date (e) The actions required by this AD shall applies to each engine identified in the of this AD, remove from service prior to be done in accordance with the following preceding applicability provision, regardless accumulating 6,000 CIS. AlliedSignal Engines service documents:

Document No. Pages Revision Date

ASB No. TPE331±A72±7128 ...... 1±4 Original ...... June 10, 1994. Total Pages: 4. ASB No. TPE331±A72±7129 ...... 1±4 Original ...... June 10, 1994. Total Pages: 4. ASB No. TPE331±A72±7522 ...... 1±2 Original ...... Feb. 17, 1995. Total Pages: 2. SB No. TPE331±72±7130 ...... 1±6 Original ...... June 17, 1994. Total Pages: 6. SB No. TPE331±72±7131 ...... 1±6 Original ...... June 17, 1994. Total Pages: 6. SB No. TPE331±72±7523 ...... 1±6 Original ...... Feb. 17, 1995. Total pages: 6.

This incorporation by reference was 552(a) and 1 CFR part 51. Copies may 2101–201, P.O. Box 29003, Phoenix, AZ approved by the Director of the Federal be obtained from AlliedSignal 85038–9003; telephone (602) 365–2493, Register in accordance with 5 U.S.C. Aerospace, Data Distribution, M/S 6403/ fax (602) 365–5577. Copies may be Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13083 inspected at the FAA, New England Standardization Branch, ANM–113, ‘‘significant regulatory action’’ under Region, Office of the Assistant Chief FAA, Transport Airplane Directorate, Executive Order 12866; (2) is not a Counsel, 12 New England Executive 1601 Lind Avenue, SW., Renton, ‘‘significant rule’’ under DOT Park, Burlington, MA; or at the Office of Washington 98055–4056; telephone Regulatory Policies and Procedures (44 the Federal Register, 800 North Capitol (206) 227–2141; fax (206) 227–1149. FR 11034, February 26, 1979); and (3) Street NW., suite 700, Washington, DC. SUPPLEMENTARY INFORMATION: A will not have a significant economic (f) This amendment becomes effective proposal to amend part 39 of the Federal impact, positive or negative, on a on May 28, 1996. Aviation Regulations (14 CFR part 39) to substantial number of small entities Issued in Burlington, Massachusetts, on include an airworthiness directive (AD) under the criteria of the Regulatory March 12, 1996. that is applicable to certain Fokker Flexibility Act. A final evaluation has James C. Jones, Model F28 Mark 0100 series airplanes been prepared for this action and it is Acting Manager, Engine and Propeller was published in the Federal Register contained in the Rules Docket. A copy Directorate, Aircraft Certification Service. on December 11, 1995 (60 FR 63468). of it may be obtained from the Rules [FR Doc. 96–7135 Filed 3–25–96; 8:45 am] That action proposed to require Docket at the location provided under repetitive inspections to verify the the caption ADDRESSES. BILLING CODE 4910±13±P correct operation of the MLG downlock List of Subjects in 14 CFR Part 39 actuators; and replacement of any 14 CFR Part 39 discrepant unit with a serviceable unit. Air transportation, Aircraft, Aviation For airplanes on which no discrepant safety, Incorporation by reference, [Docket No. 95±NM±99±AD; Amendment unit is found, the AD also will require Safety. 39±9551; AD 96±07±02] recording the accomplishment of each Adoption of the Amendment inspection on the unit nameplate. In Airworthiness Directives; Fokker addition, the AD will require eventual Accordingly, pursuant to the Model F28 Mark 0100 Series Airplanes replacement of the MLG downlock authority delegated to me by the AGENCY: Federal Aviation actuators with improved units. Administrator, the Federal Aviation Administration, DOT. Interested persons have been afforded Administration amends part 39 of the ACTION: Final rule. an opportunity to participate in the Federal Aviation Regulations (14 CFR making of this amendment. Due part 39) as follows: SUMMARY: This amendment adopts a consideration has been given to the new airworthiness directive (AD), single comment received. PART 39ÐAIRWORTHINESS applicable to certain Fokker Model F28 The commenter supports the DIRECTIVES Mark 0100 series airplanes, that requires proposed rule. After careful review of the available 1. The authority citation for part 39 inspections to verify the correct continues to read as follows: operation of the main landing gear data, including the comment noted (MLG) downlock actuators, and above, the FAA has determined that air Authority: 49 U.S.C. 106(g), 40113, 44701. safety and the public interest require the replacement of any discrepant unit with § 39.13 [Amended] a serviceable unit. This amendment also adoption of the rule as proposed. 2. Section 39.13 is amended by will require eventual replacement of the The FAA estimates that 119 airplanes adding the following new airworthiness MLG downlock actuators with improved of U.S. registry will be affected by this directive: units. This amendment is prompted by AD, that it will take approximately 21 reports of improper operation of the work hours per airplane to accomplish 96–07–02 Fokker: Amendment 39–9551. MLG downlock actuator due to the required actions, and that the Docket 95–NM–99–AD. jamming. The actions specified by this average labor rate is $60 per work hour. Applicability: Model F28 Mark 0100 series AD are intended to prevent such Required parts will be supplied by the airplanes equipped with Dowty Aerospace jamming of the downlock actuator, vendor at no cost to operators. Based on Hydraulics main landing gear (MLG) downlock actuators having part number (P/ which could result in failure of the MLG these figures, the cost impact of the AD on U.S. operators is estimated to be N) 201218001, 201218002, 201218003, or downlock system, and a potential gear- 201218004, all serial numbers; certificated in up landing. $149,940, or $1,260 per airplane. The cost impact figure discussed any category. DATES: Effective April 25, 1996. above is based on assumptions that no Note 1: This AD applies to each airplane The incorporation by reference of operator has yet accomplished any of identified in the preceding applicability certain publications listed in the provision, regardless of whether it has been the requirements of this AD action, and regulations is approved by the Director modified, altered, or repaired in the area that no operator would accomplish of the Federal Register as of April 25, subject to the requirements of this AD. For those actions in the future if this AD 1996. airplanes that have been modified, altered, or were not adopted. repaired so that the performance of the ADDRESSES: The service information The regulations adopted herein will requirements of this AD is affected, the referenced in this AD may be obtained not have substantial direct effects on the owner/operator must request approval for an from Fokker Aircraft USA, Inc., 1199 States, on the relationship between the alternative method of compliance in North Fairfax Street, Alexandria, national government and the States, or accordance with paragraph (d) of this AD. Virginia 22314. This information may be on the distribution of power and The request should include an assessment of examined at the Federal Aviation responsibilities among the various the effect of the modification, alteration, or Administration (FAA), Transport repair on the unsafe condition addressed by levels of government. Therefore, in this AD; and, if the unsafe condition has not Airplane Directorate, Rules Docket, accordance with Executive Order 12612, 1601 Lind Avenue, SW., Renton, been eliminated, the request should include it is determined that this final rule does specific proposed actions to address it. Washington; or at the Office of the not have sufficient federalism Federal Register, 800 North Capitol Compliance: Required as indicated, unless implications to warrant the preparation accomplished previously. Street, NW., suite 700, Washington, DC. of a Federalism Assessment. To prevent jamming of the MLG downlock FOR FURTHER INFORMATION CONTACT: Tim For the reasons discussed above, I actuator and a potential gear-up landing, Dulin, Aerospace Engineer, certify that this action (1) is not a accomplish the following: 13084 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

(a) Within 2 months after the effective date of the Federal Aviation Regulations (14 CFR Adversely affected persons have until of this AD, and thereafter at intervals not to 21.197 and 21.199) to operate the airplane to April 25, 1996 to file objections to this exceed 1,250 landings: Perform an inspection a location where the requirements of this AD rule, stating grounds therefor and to verify correct operation of the MLG can be accomplished. requesting a public hearing on those downlock actuator having P/N 201218001, (f) The actions shall be done in accordance 201218002, 201218003, or 201218004, all with Fokker Service Bulletin SBF100–32– objections. Objections and requests for serial numbers, in accordance with Fokker 072, dated March 30, 1993; Fokker Service hearings must be mailed to the Office of Service Bulletin SBF100–32–072, dated Bulletin SBF100–32–074, dated July 21, the Secretary, Consumer Product Safety March 30, 1993, and Dowty Aerospace 1993; Dowty Aerospace Hydraulics Service Commission, Washington, D.C. 20207, Hydraulics Service Bulletin F100–32–505, Bulletin F100–32–505, Revision 1, dated or delivered to the Office of the Revision 1, dated April 16, 1993. April 16, 1993; or Dowty Aerospace Secretary, Room 502, 4330 East-West (1) If the MLG downlock actuator operates Hydraulics Service Bulletin F100–32–506, Highway, Bethesda, Maryland 20814 as specified in the inspection procedure dated June 9, 1993, as applicable. This telephone (301) 504–6800. contained in the Accomplishment incorporation by reference was approved by Instructions of Dowty Aerospace Hydraulics the Director of the Federal Register in FOR FURTHER INFORMATION CONTACT: Service Bulletin F100–32–505, Revision 1, accordance with 5 U.S.C. 552(a) and 1 CFR Samuel B. Hall, Office of Compliance, dated April 16, 1993, prior to further flight, part 51. Copies may be obtained from Fokker Consumer Product Safety Commission, record the accomplishment of the inspection Aircraft USA, Inc., 1199 North Fairfax Street, Washington, DC 20207–0001; telephone on the unit nameplate in accordance with the Alexandria, Virginia 22314. Copies may be (301) 504–0400, ext. 1371. Dowty Aerospace Hydraulics service inspected at the FAA, Transport Airplane bulletin. Following accomplishment of each Directorate, 1601 Lind Avenue, SW., Renton, SUPPLEMENTARY INFORMATION: subsequent inspection required by this AD, Washington; or at the Office of the Federal A. Background record the accomplishment of the inspection Register, 800 North Capitol Street, NW., suite in accordance with the requirement of this 700, Washington, DC. Multiple-tube mine and shell paragraph. (g) This amendment becomes effective on fireworks devices (also called ‘‘display (2) If any MLG downlock actuator does not April 25, 1996. racks’’ and referred to in this notice as operate as specified in the inspection Issued in Renton, Washington, on March ‘‘multiple-tube devices’’) are non- procedure contained in the Accomplishment 19, 1996. reloadable devices that fire multiple Instructions of Dowty Aerospace Hydraulics Service Bulletin F100–32–505, Revision 1, James V. Devany, aerial shells, comets, or other effects dated April 16, 1993, prior to further flight, Acting Manager, Transport Airplane into the air to produce visual and replace the downlock actuator with a Directorate, Aircraft Certification Service. audible effects. These devices consist of serviceable unit, in accordance with Chapter [FR Doc. 96–7133 Filed 3–25–96; 8:45 am] several vertical tubes with a common 32–32–05 of the Aircraft Maintenance BILLING CODE 4910±13±P fuse, either with or without a horizontal Manual. Thereafter, perform repetitive base. They are classified by the inspections of the replacement unit in Department of Transportation (‘‘DOT’’) accordance with paragraph (a) of this AD as 1.4G explosive devices (formerly until the replacement required by paragraph CONSUMER PRODUCT SAFETY Class C common fireworks devices) (b) of this AD is accomplished. COMMISSION (b) Within 9 months after the effective date which are suitable for use by of this AD, replace any MLG downlock 16 CFR Part 1500 and Part 1507 consumers. actuator having P/N 201218001, 201218002, The devices are designed to fire 201218003, or 201218004, any serial number, Large Multiple-Tube Fireworks sequentially. This creates the danger with an improved unit having P/N Devices; Final Rule that the device’s reaction to one shot 201218005, 201218006, 201218007, or may cause it to tip over. Subsequent 201218008, respectively; in accordance with AGENCY: Consumer Product Safety shots may then fire horizontally or at an Fokker Service Bulletin SBF100–32–074, Commission. dated July 21, 1993, and Dowty Aerospace angle and hit the operator or spectators. Hydraulics Service Bulletin F100–32–506, ACTION: Final rule. The Commission is aware of two deaths dated June 9, 1993. Accomplishment of this to spectators involving multiple-tube SUMMARY: replacement constitutes terminating action The Commission is amending devices that occurred in this manner. for the repetitive inspections required by its fireworks regulations under the Both of these incidents involved devices paragraph (a) of this AD. Federal Hazardous Substances Act. This with tubes larger than 1.5 inches in (c) As of the effective date of this AD, no final rule will require that large diameter. person shall install on any airplane a MLG multiple-tube fireworks devices that The Commission regulates fireworks downlock actuator having P/N 201218001, have any tube with an inner diameter of devices under the Federal Hazardous 201218002, 201218003, or 201218004, any 1.5 inches (3.8 cm) or greater pass a Substances Act (‘‘FHSA’’). 15 U.S.C. serial number. performance test for stability. Under the (d) An alternative method of compliance or 1261–1278. Under its current adjustment of the compliance time that test, these devices may not tip over regulations, the Commission has provides an acceptable level of safety may be when inclined at an angle of 60 degrees declared certain fireworks devices to be used if approved by the Manager, from the horizontal. This requirement is ‘‘banned hazardous substances.’’ 16 CFR Standardization Branch, ANM–113, FAA, intended to reduce the risk of injury 1500.17(a) (3), (8) and (9). Other Transport Airplane Directorate. Operators posed when these fireworks devices tip fireworks devices must meet specific shall submit their requests through an over during firing. If they tip over, requirements to avoid being classified as appropriate FAA Principal Maintenance subsequent tubes may discharge in the banned hazardous substances. 16 CFR Inspector, who may add comments and then direction of spectators or others in the Part 1507. Commission regulations also send it to the Manager, Standardization vicinity. Branch, ANM–113. prescribe specific warnings required on DATES: Note 2: Information concerning the The rule will take effect on various legal fireworks devices, 16 CFR existence of approved alternative methods of March 26, 1997, and will apply to 1500.14(b)(7), and designate the size compliance with this AD, if any, may be multiple-tube fireworks devices in and location of these warnings. 16 CFR obtained from the Standardization Branch, which any tube has an inner diameter 1500.121. ANM–113. of 1.5 inches or greater and that first On July 1, 1994, the Commission (e) Special flight permits may be issued in enter interstate commerce or are issued an advance notice of proposed accordance with sections 21.197 and 21.199 imported on or after that date. rulemaking (‘‘ANPR’’) discussing the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13085 hazard presented by multiple-tube household use which, notwithstanding specifies with particularity the devices of all sizes, but noted that more the precautionary labeling that is or may provision(s) of the regulation to which severe incidents have occurred with be required by the FHSA, presents such the objection is directed; (4) each large devices. 59 FR 33928. The ANPR a hazard that keeping the substance out objection on which a hearing is used 1 inch (2.54 cm) as the cutoff of interstate commerce is the only requested specifically requests a between small and large devices. The adequate way to protect the public hearing; and (5) each objection for ANPR explained that the Commission health and safety. Id. at 1261(q)(1)(B). A which a hearing is requested includes a was considering the following proceeding to classify a substance as a detailed description of the basis for the regulatory alternatives: (1) ban all banned hazardous substance under objection and the factual information or multiple-tube devices; (2) ban multiple- section 2(q)(1) of the FHSA is governed analysis in support thereof (failure to tube devices with an inside tube by sections 3(f)–(i) of the FHSA, and by include this information constitutes a diameter of greater than 1 inch; (3) sections 701(e)–(g) of the Federal Food, waiver of the right to a hearing on that require additional labeling on all Drug, and Cosmetic Act (‘‘FDCA’’), 21 objection). 16 CFR 1502.6. multiple-tube devices; (4) establish U.S.C. 371(e)–(g). See 15 U.S.C. The Commission will publish a notice performance or design criteria to modify 1261(q)(2). in the Federal Register specifying any these devices; (5) pursue individual The July 1, 1994, ANPR was the parts of the regulation that have been product recalls; and (6) take no required first step to declare the stayed by the filing of proper objections mandatory action, but encourage specified multiple-tube devices to be or, if no objections have been filed, development of a voluntary standard. banned hazardous substances under stating that fact. Id. at § 1502.7. As soon On July 5, 1995, the Commission section 2(q)(1). See 15 U.S.C. 1262(f). as practicable, the Commission will issued a notice of proposed rulemaking The proposed rule, published on July 5, review any objections and hearing (‘‘NPR’’) in which it proposed a 1995, continued the regulatory process requests that have been filed to performance standard for multiple-tube in accordance with 15 U.S.C. 1262(h). determine whether the regulation devices with any tube inner diameter of To fulfill additional statutory should be modified or revoked, and 1.5 inches or more. 60 FR 34922. The requirements, this notice includes the whether a hearing is justified. Id. at Commission found that 1.5 inches is a text of the final rule and a final § 1502.8. more appropriate measure to distinguish regulatory analysis. Id. at 1262(i)(1). As between large and small devices than is required by the FHSA, the Commission D. The Product 1 inch, and decided not to propose any also makes findings here that: (1) As explained in the proposed rule, further regulatory requirements for compliance with any relevant voluntary this rulemaking only applies to smaller devices.1 The proposed standard is unlikely to adequately multiple-tube devices that have any performance standard provided that all reduce the risk of injury, or substantial tube equal to or greater than 1.5 inches large multiple-tube devices have a compliance by the industry with the in inner diameter (referred to below as minimum tip angle greater than 60 voluntary standard is unlikely; (2) the ‘‘large devices’’). Large devices were degrees. With this notice, the expected benefits of the regulation bear first introduced by domestic Commission issues the performance a reasonable relationship to its expected manufacturers around 1986. Generally, standard as a final rule. costs; and (3) the regulation imposes the they consist of three or more tubes least burdensome requirement that B. Statutory Authority grouped together, sometimes on a would adequately reduce the risk of wooden base, and fused in a series to This proceeding is conducted under injury. Id. at 1262(i)(2). fire sequentially. Bases, where used, the FHSA. 15 U.S.C. 1261–1278. come in a variety of sizes. The devices Fireworks are ‘‘hazardous substances’’ C. Filing Objections Under Section 701(e) of the FDCA fire aerial shells, comets, or other effects within the meaning of section 2(f)(1)(A) from the tubes, producing visual and of the FHSA because they are flammable The procedures established under audible effects. These devices are among or combustible substances, or generate section 701(e) of the FDCA also govern the largest fireworks available to pressure through decomposition, heat, this rulemaking. 15 U.S.C. 1261(q)(2). consumers. [13] 2 or other means, and ‘‘may cause These procedures provide that once the The tubes may be individually labeled substantial personal injury or Commission issues a final rule, persons or have a single label surrounding them. substantial illness during or as a who would be adversely affected by the Commission regulations require that all proximate result of any customary or rule have 30 days in which to file multiple-tube devices display the reasonably foreseeable handling or use objections with the Commission stating following conspicuous label: ** *.’’ 15 U.S.C. 1261(f)(1)(A). the grounds therefor, and to request a Under section 2(q)(1)(B) of the FHSA, public hearing on those objections. 21 Warning (or Caution) Emits Showers of the Commission may classify as a Sparks (or Shoots Flaming Balls, if More U.S.C. 371(e). If objections are filed, a Descriptive) ‘‘banned hazardous substance’’ any hearing to receive evidence concerning 3 hazardous substance intended for the objections would be held. The Use only under [close] adult supervision. For outdoor use only. presiding officer would then issue an Place on a hard smooth surface (or place 1 The Commission concluded that additional order, based upon substantial evidence. work would be needed to develop a standard that upright on level ground, if more adequately addressed the tip-over hazard with Id. The Commission’s procedural rules descriptive). small (less than 1.5 inch diameter) multiple-tube at 16 CFR Part 1502 would apply to Do not hold in hand. devices. For example, the Commission would need such a hearing. Light fuse and get away. to test small devices to determine if the 60-degree Any objections and requests for a 16 CFR 1500.14(b)(7)(ix). tip angle is the proper criterion for this size device. hearing must be filed with the Further, smaller devices are likely to produce less The National Fireworks Association force on impact, and may be less likely to cause Commission’s Office of the Secretary. (‘‘NFA’’) reports that retail sales of large fatal injuries. Because not many small devices are They will be accepted for filing if they multiple-tube devices are between $24 marketed and the known incidents involve large meet the following conditions: (1) they devices, a performance standard for small multiple- tube devices may not be necessary. Accordingly, the are submitted within the 30-day period 2 Numbers in brackets refer to documents listed Commission decided to apply the stability criterion specified; (2) each objection is at the end of this notice. only to large devices. separately numbered; (3) each objection 3 The word ‘‘close’’ is optional. 13086 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations and $36 million annually, with an that extended about one foot over the a dynamic stability test that could estimated 400,000 to 700,000 units sold end of a boat dock. He placed a 2x4 provide a reliable performance standard per year. Prices range from $30 to $130 block of wood under the end of the for multiple-tube devices. The staff’s per unit, with most devices in the $50 board so that the device would shoot objective was to develop a test that to $60 range. The NFA also reports that out over the lake. After lighting the could reliably distinguish between large domestic devices account for about 75 device, he walked toward the shore and multiple-tube devices that are percent of the market by dollar volume noticed that the device had tipped over dangerously unstable and those that do and somewhat less by unit sales. after the third shot. The fourth shell not present an unreasonable tip-over Imported devices are manufactured discharged horizontally and struck his risk. The staff attempted to identify a primarily in China, and go through mother in the temple and eye. She died test surface that would simulate grass several wholesalers before reaching the the next morning. [2, Tab A] (the surface believed to be commonly retail vendor. [13] Some devices have CPSC’s compliance testing indicates used for fireworks displays), and that tubes that are imported from China and that the tip-over risk evidenced by these would produce consistent results in then are inserted into larger tubes and two incidents continues to exist. In repeated tests. assembled with bases in the United fiscal year 1994, all 24 samples of To accomplish this goal, the States. CPSC considers such devices to imported devices tested for the Commission had to identify a surface on be imported. Commission’s routine compliance which the devices would consistently program, and 1 of 8 samples of domestic tip over or remain upright in a manner E. Risk of Injury devices, tipped over while functioning. corresponding to how the devices The devices fire sequentially, and In fiscal year 1995, 22 of 27 imported perform on grass. If the tip-over rate was under some conditions the force from samples and 1 of 5 domestic samples substantially greater on the test surface one shot can tip the device over, causing tipped over. [19] than on grass, the standard might be too it to fall into a horizontal position. A F. Commission Tests to Develop a stringent, causing unnecessary changes subsequent shot can discharge as the Standard to reasonably safe products. If the tip- device is falling or when it is horizontal. over rate was substantially lower on the When this occurs, there is a risk that 1. Testing Prior to the ANPR test surface than on grass, the standard one of the projectiles may strike the After the first fatality, several might not adequately protect operator of the device or spectators and domestic manufacturers of large consumers. cause serious injury, or even death. multiple-tube devices began developing As explained in detail in the Federal The Commission is aware of two a test for the potential of these devices Register notice that published the deaths involving large multiple-tube to tip over while functioning. The test proposed rule, the staff’s testing did not devices. In both incidents, the device used a 2-inch (5 cm) thick block of yield sufficiently reliable results to tipped over while functioning. A medium-density (2 pounds per cubic propose a dynamic standard. 60 FR projectile then fired horizontally from foot or 0.032g/cm3) polyurethane 34922, 34924. The staff tested devices the device and struck the victim. In each upholstery foam to simulate uneven on several types of foam. First it tested case, the victim was a spectator. surfaces. When placed on this surface, with 2-inch thick foams of three The first fatality occurred in July of if a device tipped over while different densities. This thickness was 1991. A 3-year-old boy was standing functioning, it was deemed too unstable. chosen, in part, because the AFSL between his father’s legs approximately The American Fireworks Standards standard specifies 2-inch thick medium- 40 feet from an area where fireworks Laboratory (‘‘AFSL’’) then began work to density foam. However, the tip-over were being set off at a family reunion. revise its standard for these devices to rates with all three densities of two-inch The device had been placed on concrete incorporate such a dynamic stability thick foam in this initial test were blocks. The device tipped over after the test. AFSL issued an interim revised significantly greater than with grass (39 third shot, and the fourth shell fired voluntary standard in January 1993 and to 50 tip-overs out of 50 devices on foam horizontally in the direction of the boy, adopted it without changes on compared with 4 out of 50 on grass). striking him in the left ear. He died the September 5, 1995. The Commission The staff then tested three high-density next morning. [2, Tab A] also collected samples of large multiple- foams of smaller thicknesses (0.75, 1.0, The second fatality occurred in July of tube devices and tested them for tip- and 1.5 inches), hoping to better match 1992. The victim, a 65-year-old over using the industry’s dynamic the tip-over rates on grass. [6, 8] grandmother, was sitting at the end of stability test. [1 and 14] However, none of the these three foams a picnic table watching a family agreed consistently with grass for all fireworks display approximately 40 feet 2. CPSC’s Dynamic Stability Testing three devices tested. The results of this away. Her son placed a large multiple- After issuing the ANPR, the phase of testing are summarized in tube device on a piece of wafer board Commission staff attempted to develop Table 1.

TABLE 1.ÐPHASE IÐINCIDENCE AND PERCENTAGE OF TIP-OVER WITH LARGE MULTIPLE-TUBE DEVICES ON GRASS OR HIGH DENSITY POLYURETHANE UPHOLSTERY FOAM

Polyurethane foam Device Grass 0.75 inch 1.0 inch 1.5 inch

1 ...... 4/50 4/50 14/50* 40/50* 8% 8% 28% 80% 2a ...... 32/50 9/50* 25/50 43/50* 64% 18% 50% 86% 3a ...... 27/50 2/50* 3/50* 7/50* Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13087

TABLE 1.ÐPHASE IÐINCIDENCE AND PERCENTAGE OF TIP-OVER WITH LARGE MULTIPLE-TUBE DEVICES ON GRASS OR HIGH DENSITY POLYURETHANE UPHOLSTERY FOAMÐContinued

Polyurethane foam Device Grass 0.75 inch 1.0 inch 1.5 inch

54% 4% 6% 14% * Significantly different from grass, P<0.05. a Device modified to increase tip-over rate.

Of the three foams, 1-inch foam grass. [6, 8] These tests showed a highly TABLE 3.ÐSTATIC TIP-OVER RESIST- appeared to offer the best overall significant ‘‘interaction’’ between the ANCE AND DYNAMIC TIP-OVER RATE relationship to grass, even though it device and test surface, so that one OF LARGE MULTIPLE-TUBE DEVICES produced inconsistent results. [6, 8] could not accurately predict, based on a Therefore, the staff continued testing device’s performance on foam, how the Tip-over rate on with this foam. device would behave on grass. An Minimum tip grass In phase II of the Commission’s angle (de- Device accurate test is needed to avoid grees) Inci- testing, six additional devices were unwarranted market disruption and, Percent dence tested on grass and on 1.0-inch thick more importantly, because a tip-over high density foam. The results were can lead to a fatality. 35, 42 b ...... 54 27/50 3 a then combined with the results from 37 ...... 64 32/50 2 a phase I. Once again, however, there was 3. The Tip-Angle Test 37 ...... 20 10/50 6 not consistent agreement between the 37 ...... 8 4/50 1 Since the Commission’s testing on 40 ...... 60 30/50 4 a tip-over rates on foam and on grass (see 61 ...... 0 0/90 5 Table 2). foam did not yield a reliable dynamic test, the staff looked to the physical 64 ...... 0 0/50 7 65 ...... 2.5 1/40 4 TABLE 2.ÐPHASE IIÐINCIDENCE AND properties of large multiple-tube devices 68 ...... 0 0/40 2 PERCENTAGE OF TIP-OVER WITH to develop a static test. The staff 69 ...... 0 0/50 9 LARGE MULTIPLE-TUBE DEVICES ON measured the dimensions, mass, and 70 ...... 0 0/40 3 static tip-over resistance (‘‘tip angle’’) of 78, 80 b ...... 0 0/90 8 GRASS OR 1.0-INCH HIGH DENSITY all the devices tested. The angle at a POLYURETHANE UPHOLSTERY FOAM Device modified to increase tip-over rate. which a device will first tip over b Different samples of same device. Device Grass Foam depends on its base-height ratio, mass, The staff also tested several large and center of gravity. A device’s devices other than those it had 1 a ...... 4/50 14/50 * dynamic stability—its ability to remain examined when considering a dynamic 8% 28% upright when fired—depends on its tip test. One device was a modified form of 2 b ...... 32/50 25/50 angle and other factors, such as its lift device 1, that originally had no base. 64% 50% force, the firing order, and the time 3 b ...... 27/50 3/50 * The staff glued a 12-inch (30.5-cm) 54% 6% between firings. The staff found that tip square particleboard base to the device. 4 b ...... 30/50 36/50 angle could predict whether a device With this modification, the tip angle 60% 72% would tip over while functioning and increased from 37 degrees to 68 degrees. 5 ...... 0/90 0/50 also be sufficiently sensitive for routine The tip-over incidence on grass also 0% 0% compliance testing. [9] decreased, from 4/50 to 0/50. This 6 a ...... 10/50 25/50 * The staff measured the tip angle of additional test demonstrates that a 20% 50% device’s stability can be improved by 7 ...... 0/50 0/50 devices by placing one edge of the 0% 0% adding a base. [9] device against a mechanical stop The second additional device that the 8 ...... 0/90 0/50 1 approximately ⁄16-inch high (to prevent staff tested, an imported one, had a 0% 0% sliding) at the edge of a horizontal 9 ...... 0/50 0/50 square plastic base. The tip angle of this 0% 0% hinged platform. The platform was device ranged from 54 to 55 degrees slowly raised from the horizontal until (based on measurements of four * Significantly different from grass, P<0.05. the device tipped over. The tip angle a Device has no base. individual samples), and it did not tip b Device modified to increase tip-over rate. was considered to be the angle at which over in 50 dynamic tests on grass. [16] 4 the device first tips over. The staff None of the seven devices originally The staff concluded that the dynamic repeated the test for each edge of the tested had tip angles between 43 and 61 stability test it attempted to develop device to determine its minimum tip degrees. Therefore, the staff modified could not reasonably form the basis for angle. In this manner, the staff measured the base of a device that had a large a standard addressing the tip-over the tip angle for the nine large devices particleboard base in order to obtain a hazard with large multiple-tube devices. used in the dynamic tests. The staff then tip angle near 50 degrees. The staff Particularly problematic was the compared these measurements and the dynamic test’s inconsistency. There 4 results of the dynamic tests to determine The staff had previously tested this type of were two cases (devices 1 and 6) in device (tip angle: 52–55 degrees and tip-over rate: whether there was a relationship which foam significantly overpredicted 2/40), but the bases of some of the devices in the between the minimum tip angle of a the tip-over rate with grass. In another earlier test were cracked. Therefore, the Commission does not consider the earlier tests to case (device 3) foam significantly device and its dynamic stability on grass (see Table 3). [9] be reliable and has not considered them in underpredicted the tip-over rate with determining an appropriate tip angle. [10 and 11] 13088 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations trimmed 21⁄16 inches off each of the two measurements of eight individual over rates of the three additional devices long edges of the base. The minimum samples). This modified device tipped that the staff tested. tip angle of the device then ranged from over in 33 out of 51 tests on grass. [16] 50 to 51 degrees (based on Table 4 shows the tip angles and tip-

TABLE 4.ÐSTATIC TIP-OVER RESISTANCE AND DYNAMIC TIP-OVER RATE OF ADDITIONAL LARGE MULTIPLE-TUBE DEVICES a

Minimum tip Tip-over rate on grass angle (de- Description of device grees) Percent Incidence

50±51 b ...... 65 33/51 Four-tube device with base. Base trimmed to obtain 50 degree tip angle. 54±55 b ...... 0 0/50 Seven-tube device with plastic base. 68 ...... 0 0/50 Seven-tube device. Same as device 1, but with added 12 inch base. a Does not include devices that the staff considered to present inconclusive results. bRange of values for replicate samples.

The Commission proposed and now tested tipped in actual firing. As One group of commenters stated that issues in final a standard requiring that explained below in Section G of this in their evaluation of injuries recorded large multiple-tube devices must have a notice, this limited testing does not in the state of Indiana, multiple-tube minimum tip angle above 60 degrees. show that a requirement for a tip angle devices and other consumer fireworks The Commission’s data indicate that above 60 degrees is too stringent a either have not tipped over or have substantially all of the devices measure of whether a multiple-tube caused few or no injuries. measuring a tip angle above 60 degrees device is unlikely to tip over in use. Response: Mine and shell devices did not tip over while functioning on G. Comments Responding to the (both single and multiple shot) are more grass. Among such devices, there was Proposed Rule powerful than most consumer fireworks. only one tip-over in 450 tests. On the Although the number of deaths and other hand, devices with tip angles The Commission received eight injuries associated with mine and shell below 60 degrees had tip-over rates on comments in response to the proposed devices is relatively low, the severity of grass as high as 65 percent. Among all rule. Some commenters stated that they injuries is greater than with other devices tested with tip angles below 60 support the proposed rule. Significant devices. Any tip-over of large multiple- degrees, there were 136 tipovers in 351 issues raised by other comments, and tube devices has the potential to cause tests. the Commission’s responses, are death or serious injury. Two individuals The Commission believes that summarized below. are known to have been struck by large requiring devices to have minimum tip 1. Scope of the Rule multiple-tube devices. Both suffered angles above 60 degrees offers an fatal injuries. AFSL stated that it agreed with the appropriate margin of safety. The fact The yearly unit sales figures for Commission’s decision to limit the that the staff observed no tip-overs with fireworks are unknown. Therefore, the scope of the proposed rule to large one device that had a tip angle of 54– Commission cannot accurately assess multiple-tube devices and that the 55 degrees might appear to suggest that any possible trends in exposure to large Commission was correct in concluding a tip angle of 54 degrees would be multiple-tube devices. However, the that devices with inside diameters sufficient to protect against the tip-over cases show that the potential for tip- greater than 1 inch, but less than 1.5 hazard. However, a device that had a tip over and serious injury or death is high inches, are not common. angle of 50–51 degrees had a very high under certain conditions of foreseeable incidence of tip-overs (33/51). This 2. Need for a Rule use. Since, as explained below, there is device had a small base, and would Some commenters stated that the no voluntary standard that can have been even less stable if, like a need for a rule had not been adequately reduce this risk, the number of other devices on the market, demonstrated because the number of mandatory standard proposed by the it had no base extending outward from reported injuries is low or because the Commission is necessary. the tube configuration. Thus, it is likely injuries are caused by consumer misuse. Comment: The commenters on the that some devices with 55-degree tip As explained below, the Commission Indiana data also requested that the angles would tip over when tested on disagrees with these contentions. Commission survey dealers to inquire grass. Furthermore, the tests were about reported cases or instances of a performed on level ground, and in a. Injury Data problem with a multiple-tube mine and actual use there probably will be Comments: One commenter claimed shell device. significant variations from level in a that the number of multiple-tube Response: As noted above, a number of cases. The Commission devices has increased, but that the mandatory standard is appropriate concludes that in order to adequately number of injuries associated with them despite the low number of reported protect the public, it is appropriate to has not. The commenter concludes that deaths and injuries. In view of this, require that the minimum tip angle be the small number of injuries and deaths there is no need to perform the above 60 degrees. associated with multiple-tube devices or requested survey. AFSL submitted comments on the Class C fireworks does not justify Comment: AFSL contends that the NPR that included results from its further regulation. This commenter also lack of any known serious injury testing of 43 units (13 different devices). claimed that multiple-tube fireworks attributed to large multiple-tube devices AFSL reported that 35 percent of the devices are no different from other since the adoption of the AFSL standard units it tested met a 60-degree tip-angle fireworks with respect to the potential in 1993 supports their view that the test and that none of the devices it for injury. voluntary standard is adequate. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13089

Response: These devices had been on of Shells and Mines (the major two conditions on grass. In fact, 1 of the 450 the market for 6 years by the time the types of devices included in the this devices tested by the Commission with two known deaths occurred. Thus, the rulemaking), the report states that ‘‘little a tip angle over 60 degrees did tip over absence of any known deaths since 1993 can be said to characterize this category when tested on grass. Increasing the is not statistically significant. The of fireworks due to the small sample stringency of the static test to address adequacy of AFSL’s standard, and the size (five investigations). However, it such hypothetical ‘‘outliers’’ would extent to which it is adopted by appeared that the flight path of the make the requirement unduly restrictive industry, are discussed below under the projectile, particularly when tip-over for the vast majority of designs that are responses to comments favoring a was involved, may be a major concern.’’ likely to be marketed. If such easy-to-tip dynamic test and to comments favoring [23] designs are marketed in the future, the the alternative of a voluntary standard. There may well have been misuse of Commission will consider action under the multiple shell devices associated b. Possible Role of Misuse and Alcohol section 15 of CPSA. 15 U.S.C. 2064. with some of the injuries in the study. in Tip-Over Incidents Comment: One commenter suggested However, nothing in the report a more lenient tilt test for items that do Comment: One commenter alleged indicated that the injuries could be not present as much of a tip-over hazard that any increase in mortality related to attributed to any such misuse, as as other available designs. The these items is the direct result of misuse opposed to erratic flight path, tip-over, commenter stated that a more lenient and the failure of consumers to follow or other problems with the devices. tilt test was especially appropriate for the appropriate instructions. The same c. Section 15 of the CPSA devices with tubes clustered in the commenter stated that the fireworks center of the base. The commenter industry cannot be held accountable for Comment: One commenter stated that asserted that multiple-tube items with all injuries, particularly when the item the proposed rule is unnecessary tubes clustered close to the center of the is being blatantly misused. The because existing regulations and section base will more likely fail the static test, commenter also claimed that many 15 of the Consumer Product Safety Act but be more stable when tested on foam fireworks-related injuries involve some (‘‘CPSA’’) are adequate. 15 U.S.C. 2064. or grass than multiple-tube items with level of intoxication by the operator and Section 15 authorizes the Commission tubes near the edge of the base. The that the correlation between alcohol use to take corrective actions regarding commenter provided sketches to and injury should be considered in the product defects that create a substantial illustrate this point, and also suggested hazard analysis for any product. risk of injury to the public. See 16 CFR a formula to determine the tilt angle Response: The incident reports do not 1115.4, 1115.12 (e) and (g). based on the geometry of the devices indicate that the fatalities involving Response: Existing fireworks relative to the geometry of the base: large multiple-tube devices were a result regulations require only a base-to-height T=45+15 (d/b), where: of misuse. Rather, they appear to have ratio of at least 1:3. 16 CFR 1507.4. All occurred during reasonably foreseeable T is the tip angle in degrees; d is the the devices tested by CPSC that tipped length of the diagonal of a square use of the product. The two fatalities over during actual use complied with occurred during family gatherings a day (or diameter of a circle) enclosing this standard. Therefore, this the tubes; and b is the length of the or two after the July 4th holiday. requirement does not adequately The labels on multiple-tube devices diagonal of a square base or address the tip-over hazard. diameter of a circular base. generally state that the device should be In addition, the ongoing problem of placed on a solid level surface prior to numerous section 15 recalls of multiple- The commenter stated that firing. In one fatality, concrete blocks tube devices under section 15 of the preliminary testing supports the were stacked in the yard as a staging CPSA due to tip-over indicates that formula, but provided no data and area. In the other fatality, the fireworks existing regulations are not effective. admits that further tests are needed. device had been placed on a board so Under these circumstances, a Response: The staff of the that it would fire over a lake. The use performance standard that effectively Commission’s Engineering Laboratory of the devices on either of these surfaces addresses the problem for all devices is agrees that there are configurations that appears to indicate concern with the more appropriate than case-by-case could provide greater or lesser stability appropriate placement of the fireworks investigation and recall. for a fired multiple-tube device. The device prior to firing. commenter lists base size, base Thus, the known cases involving 3. Selection of the Tip-Over Angle thickness, lift charge, and size of the fatalities support the conclusion that the Comment: One commenter stated that aerial load as relevant factors affecting users were attempting to follow the there is no logical or statistically valid stability. However, firing order and rate, instructions for proper placement of the reason for choosing any particular angle as well as other variables, also affect the devices. In addition, there is no as the minimum angle required by the dynamic stability of multiple-tube indication that alcohol was a factor in static test. devices. either of the deaths. Accordingly, the Response: In developing the proposed The commenter supplied no data on Commission disagrees with the rule, the staff considered specifying which to evaluate the suggested commenter’s contention that consumer minimum tip angles as low as 45 formula. The Commission has very misuse or intoxication was the cause of degrees. However, as noted above, the limited data on the tip-over these accidents. Commission concluded that, to provide characteristics of devices with tip angles Comment: One commenter claimed a margin of safety and to address the in the range of 45 to 60 degrees. As that, based on a 1992 CPSC study of likelihood that the devices will not be explained above, the Commission hospital emergency-room-treated used on level ground, the static test selected the 60-degree tip angle criterion injuries, ‘‘a major problem with should require that a device not tip at based on a device with a tip angle of 50 fireworks injuries were the result of an angle of 60 degrees. to 51 degrees that tipped over a large consumer misuse.’’ It is possible that a fireworks device proportion of the time (33/51) when Response: The study cited does not might be constructed that would not tip tested dynamically on grass. In addition, support this proposition for the devices over in a static test at 60 degrees but various combinations of the factors that at issue here. In discussing the category would tip over under foreseeable affect tip-over could cause a device with 13090 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations a similar configuration to tip over more devices, rather than devices that are no operation of multiple-tube devices on readily than the tested device. The longer manufactured or available. grass to be ‘‘reasonably foreseeable.’’ suggested formula does not account for Comment: Some commenters stated Further, the resilient and variable nature these other factors—such as load, firing that there are devices that are stable in of grass makes it more likely that a rate, etc. The Commission’s criterion actual use even though they do not device will tip over when fired from a does account for these factors by comply with the proposed rule. AFSL grass surface than from other common correlating tip angle to dynamic tip-over submitted test data to support this view. supporting surfaces, such as dirt or on grass. These commenters asserted that the pavement. Thus, an adequate test The commenter’s formula is intended proposed rule unfairly penalizes such should address the hazard of tip-over of to be applied to devices with a square devices. these devices when fired while sitting or circular base. The device with the Response: As explained above, AFSL on grass as well as on more forgiving 50–51 degree tip angle that had a high presented limited test data on 12 large surfaces. tip-over rate had a rectangular base. It is multiple-tube devices (one device A substantial problem with dynamic not clear how, if at all, the commenter included in AFSL’s testing was actually testing of these devices is that grass is would apply the formula in this case. a small device). Seven of these did not not a reproducible test surface. Even However, it can be expected that the meet the 60-degree tip angle, but did not patches of grass that appear to be formula will produce tip-angle criteria tip over in AFSL’s dynamic tests. identical can react differently to the ranging between 50 and 60 degrees, AFSL’s testing was very limited—only forces produced when a device is fired. depending on the configuration. one sample of each device on three Foams of various characteristics have Available data do not show that such surfaces (concrete, 2-inch foam, and been suggested as suitable test surfaces criteria would provide an adequate grass), and one device was not even for determining whether a device will margin of safety. Accordingly, the tested on grass. A single test is not tip over when fired. AFSL uses 2-inch Commission is not adopting this sufficient to establish the dynamic thick medium-density foam in its tip- commenter’s suggestion. stability of a device. For example, a over testing. Comment: As explained above, the device that tips over 1 in 10 times may The staff considered whether foam is Commission selected the 60-degree present a serious risk of injury, but there an adequate surrogate for grass—that is, criterion based on the performance on is only a 1-in-10 chance of observing a whether there is a consistent grass of a large number of tests of tip-over in a single test. In CPSC’s tests, relationship between the tip-over various large devices. Some comments the staff tested from 40 to 90 samples of behaviors on grass and foam for a questioned the adequacy of this testing. each device. The Commission cannot variety of devices. Based on the CPSC’s One commenter asked why the conclude based on AFSL’s limited data tests, however, there was no consistent Commission did not test the devices that the seven devices it tested are stable relationship between the tip-over rates that were recalled as a result of failing when operated on grass. measured on grass and foam. In fact, the the 2-inch foam test and the device tests suggested that there may be cases 4. Static v. Dynamic Test known to have been involved in the where devices that do not tip over when death of a 3-year-old boy. The same Introduction. As noted above, the tested on foam may tip over frequently commenter suggested that CPSC Commission’s requirement involves on grass. conduct additional tests comparing the inclining the device at an angle of 60 The Commission concludes that, static test to the dynamic test with foam. degrees while it is prevented from because of the absence of any suitable Another commenter questioned why the sliding by a stop on the inclined test surface, the use of dynamic testing Commission did not test a larger supporting surface. If the device does for devices, regardless of their tip angle, sampling of the various multiple-tube not tip over further at that angle, it is not presently feasible. However, the devices, including the W–800 inserts complies with the requirement. This is results of any voluntary dynamic tests with a wooden base and a tube around a static test; it is affected only by the by industry may provide valuable the insert. location of the center of gravity of the information when considered in Response: In developing the proposed device with respect to the edge of the conjunction with a device’s tip angle. standard, the Commission selected device that is against the stop. And, as explained above, the devices that represented a cross section Comments: A number of commenters Commission will examine whether of the devices available at the time and would prefer a dynamic test, which devices that tip over when fired despite that provided a range of tip-over rates. would involve actually firing the device passing the 60-degree tip-angle test The Commission considered design while it rests on a specified supporting present a substantial product hazard characteristics such as base size, firing surface to see if the device tips over. under section 15 of the CPSA. order, internal fuse-burn time, lift The American Pyrotechnic Association charge, shell mass, device shape, center (‘‘APA’’) and AFSL stated that, although 5. Dynamic Variations in Tip-Over of gravity, and quality of materials and they support a requirement for static Potential construction. This cross-section of stability, a static requirement is not Comment: One commenter noted that devices is sufficient to ensure that the sufficient by itself to address the tip- the potential for tip-over from multiple- test selected by the Commission is over hazard. These two organizations tube mine and shell devices is not equal reasonable. and other commenters stated that, in among all of the various shapes, sizes, Devices that had been previously addition to a static test, the proposed and configurations of devices. recalled—as well as the device involved rule should require dynamic testing, Response: The Commission agrees in the death of the 3-year-old boy—were either for all large devices or for those that the potential for dynamic tip-over not available at the time that the CPSC with tip angles between 45 and 60 from multiple-tube fireworks devices conducted its tests. It is expected that degrees. can differ among the various shapes, had they been available for testing, they Response: Under the FHSA, sizes, and configurations of devices with would have been among those devices manufacturers must consider whether the same static tip angle. For example, found to be unstable. However, the their products pose a hazard during devices that have larger or heavier bases Commission believes that it is more ‘‘reasonably foreseeable handling and or smaller lift (propellant) charges are reasonable to test currently available use.’’ The Commission considers less likely to tip over. Nevertheless, for Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13091 the reasons explained above, the 60- modified) were 3.6 and 4.7 grams per static test because it adequately degree tip-angle test is the best means tube. The lift charges in devices that did addresses the hazard and a suitable available to determine whether a not tip over ranged from 4.7 to 11.6 dynamic test is not available. That the multiple-tube device is unreasonably grams per tube. [6] These results do not static test is easier and safer to perform likely to tip over when fired. support limiting the lift charge. Devices are additional advantages. Comments on specific factors that with a lift charge greater than 12 grams may affect tip-over potential are per tube were not available to the staff. 7. Other Alternatives to the Proposed discussed below. The lift charge is only one of the Rule Comment: One commenter stated that variables that affect dynamic stability. a. Additional Labeling the rate of firing of the projectiles from Other variables include firing order, Comment: One commenter suggested the tubes can affect dynamic stability firing rate, weight, the configuration of requiring the warning label on multiple- and that this should be examined. the tubes, and base dimensions. Further, tube devices to include a phrase such Response: The Commission agrees the lift force (or propellant force)— as, ‘‘PLACE UPRIGHT ON HARD, that the rate of firing—the time between rather than the lift charge—relates more the firing of individual tubes—may directly to dynamic stability. The lift SMOOTH LEVEL SURFACE BEFORE affect the dynamic stability of multiple force depends on factors in addition to IGNITING. DO NOT FIRE ON GRASS devices. A multiple-tube device can the lift charge, such as the type of OR OTHER UNSTABLE SURFACE.’’ Response: The Commission’s current become less stable as a result of rapid powder and the design of the product. labeling requirement for mine and shell sequential tube firings. In compliance Again, the staff’s data show that the testing, the Commission considers dynamic performance of the device is devices includes the following whether the firing rate may contribute to better predicted by a static test. statement: ‘‘Place on hard smooth tip-over. The staff has discussed with It may be possible to construct a surface (or place upright on level AFSL the possibility of incorporating device that will tip over in actual use, ground, if more descriptive).’’ 16 CFR into their standard a minimum time even though it passes the 60-degree 1500.14(a)(7)(ix). Except for the between the firing of successive tubes. static stability test. AFSL’s tests suggest admonition not to fire on grass, the However, the rate of firing is only one this may be the case. But, the small commenter’s suggested label is of many variables that affect the number of tests conducted by AFSL equivalent to the Commission’s current dynamic stability of multiple-tube (two devices, one test each) and the requirement. As to the statement ‘‘do devices. The 60-degree tip-angle test mixed results it reported (one device not fire on grass,’’ it is likely that users requirement, which takes into account with 20 grams of lift powder tipped over will place these devices on whatever several factors, is the best known way to on foam while another did not) are not surface is at the desired location, address the tip-over hazard. adequate to support a mandatory 12- including grass. Thus, the Commission Comment: Several commenters stated gram limit on the lift charge. cannot conclude that there would be that, in addition to the static test, the Manufacturers, importers, and significant safety benefits from a label proposed rule should limit the lift distributors must see that their products advising against use on grass. charge—i.e., the propellant powder do not pose a substantial product Furthermore, the longer label statement weight—to 12 grams per tube. AFSL hazard. Increasing the lift charge might suggested by this commenter could presented test data showing that increase the tendency of multiple-tube reduce the extent to which the basic increasing the lift charge above the 12- devices to tip over during operation. message is noticed and read by users. gram limit may decrease the dynamic Devices developed in the future that Although the Commission lacks the stability of multiple-tube devices. A exceed 12 grams of lift charge will be evidence to mandate the ‘‘do not fire on specially made device (not tested by the Commission. Any device grass’’ statement, and questions its commercially available), with 20 grams that tips over while functioning, even effectiveness, the Commission would of lift charge per tube, tipped over in though it complies with the static test, not object if manufacturers voluntarily one test on 2-inch foam. A similar may present a substantial product supply such a statement after the device with 12 grams of lift charge did hazard. As explained above, the required label. not tip over in one test on foam. Commission may take enforcement In addressing a product hazard, the Another specially-made device did not action in such a case under section 15 most effective approach is to design the tip over in one test on foam, even of the CPSA. Thus, although the hazard out of the product. A warning though the lift charge was increased to Commission lacks data to warrant a does not remove the hazard; it only 20 grams. mandatory limit at this time, the informs the consumer of the hazard. Several commenters asked why the Commission encourages manufacturers Some users may read and follow the CPSC did not study the effects on and importers to continue compliance information on a warning label. stability of the amount of lift charge in with the voluntary limit of 12 grams of However, fireworks are frequently used devices. lift charge per tube since the amount of at night when it is too dark for the user Response: U.S. Department of lift charge may affect tip-over. to read a warning label. Fireworks also Transportation (‘‘DOT’’) regulations are often used at a party or celebration permit a maximum of 20 grams of lift 6. Other Advantages of a Static Test in which users are unlikely to take the charge per tube. The AFSL voluntary Comment: The AFSL and the APA time to read and follow warning labels. standard limits the lift charge to 12 stated that they favor a static test, as in And, spectators, like the two victims grams per tube. The proposed rule did the proposed standard, because it is killed by multiple-tube devices that not separately address lift charge. The safer to perform than dynamic testing. tipped over, probably will not have an DOT mandatory 20-gram upper limit One commenter stated that it appears opportunity to read the label. and AFSL voluntary 12-gram upper that the Commission proposed a Even if consumers read and follow a limit are unaffected by this rulemaking. standard based on a static test, in part, warning label, the device may tip over. The staff measured the lift charge in because it is easier to perform than In the two death incidents, the fireworks all the devices that were tested. The lift dynamic testing. devices were placed on hard, smooth charges in the two devices that tipped Response: The Commission proposed surfaces and they still tipped over. The over on grass (before they were a mandatory standard based on the Commission believes that the proposed 13092 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations tip-over performance requirement for Therefore, the Commission concludes There is no information to support a multiple-tube devices will result in less that the currently available information conclusion that the rates of compliance hazardous multiple-tube devices. does not support the conclusion that 2- with the AFSL standard will improve. inch foam (or foam in other thicknesses) The Commission concludes, therefore, b. Defer to AFSL’s Voluntary Standard is a worst-case test surface that is that there will not likely be substantial i. Adequacy of the Voluntary Standard consistently more stringent than grass. compliance with the AFSL standard. As regards tip angle, the AFSL Comments: Several commenters c. A Ban of Large Devices supported AFSL’s voluntary standard. standard requires a tip angle of only 18 One group of commenters stated that degrees, whereas CPSC tests show that The Commission also considered they would prefer that the Commission a tip angle of 60 degrees is needed to whether large multiple-tube devices allow the industry to adopt a voluntary reasonably prevent tip-over. The should be banned entirely. standard, rather than issue a mandatory Commission concludes that the AFSL Comment: The National Fire standard. Specifically, one commenter standard’s tip-angle provision does not Protection Association (‘‘NFPA’’) referred to AFSL’s standard—i.e., the 2- adequately address the tip-over hazard generally has taken the position that inch foam test—and asserted that foam with large multiple-tube fireworks fireworks should be used only by is a standard, reproducible test surface, devices. licensed professionals. However, in this case, NFPA agreed with the even though it is not an adequate ii. Likelihood of Compliance With the Commission’s conclusion that limiting surrogate for grass. Another commenter Voluntary Standard questioned CPSC’s conclusion that the multiple-tube devices to professionals Comment: AFSL commented that a AFSL standard did not adequately would not eliminate the tip-over hazard. domestic testing program to allow address the tip-over hazard. AFSL Some commenters stated that the manufacturers to obtain certification for commented that the foam test is performance standard is preferable to a their products has not been established intended to simulate a worst-case total ban of large devices. and that the decision to follow the scenario and that, even though the foam Response: The Commission agrees voluntary standard rests solely with test may not be suitable for a mandatory that a performance standard is the most individual manufacturers. However, standard, it adequately addresses the appropriate option in this case. AFSL states that its recent testing of tip-over hazard. 8. Effective Date Response: AFSL’s foam test has many large multiple-tube mine and shell substantial shortcomings. AFSL does devices indicated that products received Comment: One commenter stated that not specify the properties of the foam— from known manufacturers ‘‘appeared manufacturers need 1 year to redesign such as compressibility, resiliency, and to comply with the stability provisions devices, use up current inventory, order density—that are essential for a of the AFSL standard.’’ According to new packaging, and obtain Department reproducible test.5 Neither does AFSL AFSL, under its China-based testing and of Transportation (‘‘DOT’’) approval for specify the environmental conditions, certification program, all large multiple- that packaging. Response: The Commission proposed such as temperature and wind speed, tube mine and shell devices (with tubes an effective date of 6 months after that may affect the test results, or the larger than 1’’ inside diameter) from publication of a final rule. The rule will number of devices to be tested. All of participating firms are tested for apply only to devices first introduced these parameters must be specified compliance with the voluntary into commerce or imported on or after before the foam test could be considered standard. Any devices that fail to that date. The vast majority of fireworks a standard, reproducible test. And, comply are ‘‘withheld from shipment to the participating U.S. importer.’’ are ordered by dealers from July to perhaps most significantly, there is Response: Even if using 2-inch thick December and delivered from December simply no evidence of a consistent medium-density foam were effective, to June. The Commission expects that relationship between tip-over rates on the Commission concludes that AFSL’s most of the devices currently not grass and foam. Thus, a test on foam voluntary standard would not complying with the standard can be would not be appropriate even if all the adequately reduce the risk of tip-over modified to meet it—e.g., by adding a test parameters were specified. because it is unlikely that there will be AFSL has never released test results base. Consequently, any devices still in substantial industry compliance with showing that 2-inch foam is a worst-case manufacturers’ or importers’ inventories that standard. surface compared to grass. CPSC has on the effective date would not be The AFSL standard was adopted in only limited data from tests of devices rendered useless. January 1993. However, the results of According to the DOT official on both 2-inch foam and grass. The CPSC’s compliance testing indicate that responsible for enforcing regulations on Commission’s initial tests showed that these devices still tip over. In fiscal year new packaging, it may take 6 to 12 the 3 different densities of 2-inch foam 1994, all 24 imported devices tested by months for firms to obtain DOT tested had considerably higher tip-over CPSC, and 1 of 8 domestic devices, approval of changes to the devices, rates than did grass. tipped over on either grass or 2-inch The more extensive tests that the order new packaging, and obtain DOT thick medium density foam. Of the 32 Commission performed on other approval for that packaging. Larger firms devices tested on the foam, 25 tipped thickness of foam show that, depending are likely to be the ones that will need over, and 4 of these also tipped over on the device tested, the tip-over rate on the full 12-month period, due to the when tested on grass. In fiscal year foam may be greater than, equal to, or larger number of models that could be 1995, 22 of 27 imported devices and 1 less than that on grass. Furthermore, the affected. of 5 domestic devices tipped over. Of Therefore, a number of firms will Commission’s compliance testing in the 32 devices tested that year on 2-inch need an effective date that is longer than 1995 showed a domestic device that medium-density foam, 21 tipped over, the proposed date of 6 months, and up tipped over on grass (1 of 5 tested), but and 10 tipped over when tested on to 12 months, following publication of not on 2-inch medium-density foam. grass. If there were substantial the final rule in the Federal Register. 5 Although AFSL specifies medium-density foam, compliance with the AFSL standard, Accordingly, the Commission is the definition of ‘‘medium’’ may differ among foam these high rates of tip-over on foam extending the effective date to 12 suppliers. would not likely occur. months following publication. The final Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13093 rule will thus become effective March 35 percent of domestic devices will device to be tested. The test apparatus 26, 1997. comply with the proposed rule. must be placed on a smooth, hard surface that is horizontal, as determined As noted previously, fireworks b. Cost of Modifying Noncomplying by a spirit level or equivalent deliveries are concentrated in the period Devices December through June. The effective instrument. The mechanical stop must Comment: One commenter argued 1 date falls within that period. Therefore, be ⁄16 inch (1.6 mm) in height and that retail prices of the modified devices perpendicular to the inclined plane. The it is likely that some but not all large would increase by 35 to 45 percent. The multiple-tube devices sold at retail for stop must be positioned parallel to the commenter did not present any basis for bottom edge of the inclined plane in the 1997 summer season will comply this estimate. with the tip-angle requirement. such a way that no portion of the device Response: The Commission’s cost to be tested or its base touches the 9. The Costs of the Regulation estimates are based on an average per- horizontal surface. unit increase of 25–30 percent. These Any device that cannot be tested a. Portion of Existing Large Devices To estimates were provided by the National using the apparatus described above, or Be Changed by the Rule Fireworks Association (NFA). The NFA that presents a tip-over hazard while Comment: AFSL presented test data is the fireworks trade association with functioning even though it complies with large multiple-tube mine and shell the largest number of members, and the with the static test, may be examined to devices from what it claims are all five only one with a large contingent of determine whether it presents a domestic manufacturers.6 Based on retailers. The NFA estimate is the best ‘‘substantial product hazard’’ under these tests, AFSL claimed that only 35 one available to the Commission’s staff. section 15 of the CPSA. 15 U.S.C. 2064. percent of domestic devices complied 10. Environmental Impact If the Commission determines that a with the proposed rule (60-degree tilt substantial product hazard exists, test), although all were stable in Comment: One commenter stated that appropriate enforcement action may be dynamic testing. The Commission’s there would be a significant taken. See 15 U.S.C. 2064. preliminary regulatory analysis assumed environmental impact due to increased J. Regulatory Analysis [22] that almost all domestic devices would rubbish from the larger bases. Response: The rule is expected to comply with the proposed rule. 1. Introduction result in modifications to devices Response: AFSL’s results contrast representing sales of 100,000-to-175,000 The Commission is amending the with CPSC staff’s tests, in which all items per year. [21] Consequently, the FHSA fireworks regulations to establish domestic large multiple-tube devices rule will result in a similar number of new stability requirements for multiple- met the proposed 60-degree tip-angle larger or new bases, and added tube fireworks devices that have any test. Several aspects of AFSL’s testing packaging, being discarded. Most of tube with an inside tube diameter of 1.5 lead the Commission to question AFSL’s these devices are expected to be thrown inches or greater. These devices present conclusions about the anticipated level away after use with other residential a tip-over hazard when firing that has of compliance with the 60-degree tip- trash (as is currently being done). The resulted in an average of about one angle test. added costs of disposing of the bases death every 3 years over the period for AFSL presented test results for 13 and packaging will be negligible. The which data are available. models of multiple-tube mine and shell environmental impact of disposing of The amendment will reduce the risk devices. Device number 7 had an inside the relatively small amount of of injury and death from tip-overs. tube diameter of only 1.25 inches, and additional material required to provide Devices that do not remain stable at an is not subject to the rule (which applies a base, or increase its size, will be angle 60 degrees or below in prescribed only to devices with tube inner negligible. The additional cost to tests will be banned hazardous diameters measuring 1.5 inches or landfills of handling the extra rubbish substances under the amendment. It is more). The devices numbered 1, 2, 3, 12, also will be negligible. expected that devices that do not and 13 are essentially imported devices currently pass this test will be able to or ‘‘inserts’’ to which wooden bases H. The Standard comply by adding or enlarging a base. have been added. Based on AFSL’s test The Commission is issuing a standard In the Federal Register of July 1, data, 5 of 7 (71 percent) large domestic requiring that multiple-tube devices that 1994, the Commission issued an ANPR multiple-tube devices will satisfy the have any tube measuring 1.5 inches (3.8 to develop a mandatory requirement to rule. The only two domestic devices cm) or more in inner diameter must address the tip-over hazard. Although tested by AFSL that would fail to have a minimum tip angle greater than the ANPR addressed both large and comply with the rule are devices 8 and 60 degrees. Large multiple-tube devices small multiple-tube fireworks devices, 11, since their tip angles were about 57 that do not meet the tip-angle the notice of proposed rulemaking degrees. Both are new devices that were requirement will be banned. The tip (NPR) published July 5, 1995, covered not available at the time that the CPSC angle may be measured by placing the only large multiple-tube devices. tests were conducted. Combining device on a smooth, flat surface inclined To issue this amendment under the AFSL’s test data with CPSC’s, 11 of 13 at 60 degrees from the horizontal. The FHSA, the Commission is required to (85 percent) of large domestic multiple- device must not tip over at the 60- publish preliminary and final regulatory tube devices would comply with the degree angle when tested at any edge of analyses containing a discussion of rule.7 Therefore, the Commission the device. various factors. These factors include a disagrees with AFSL’s claim that only An apparatus or ‘‘testing block’’ for description of the potential benefits and testing multiple-tube devices is potential costs of the rule, including any 6 Although AFSL stated that all the devices tested illustrated in Figure 1 to § 1507.12. The benefits and costs that cannot be were ‘‘domestically manufactured,’’ some contained height and width of the inclined plane quantified in monetary terms, and an imported inserts. CPSC classifies these devices as (not including the portion of the plane identification of those most likely to imports. 7 It appears that one device was tested by both below the mechanical stop) must be at receive the benefits or bear the costs. AFSL and CPSC. In combining the data, this device least 1 inch (2.54 cm) greater than the The FHSA also requires a description of was counted only once. largest dimension of the base of the any reasonable alternatives to the rule, 13094 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations together with a summary description of to the Commission’s tests, devices that devices are expected to maintain current their costs and benefits, and a brief do not tip over at this angle are not sales levels and pass on costs to explanation of why such alternatives likely to tip while functioning. Thus, consumers, no significant adverse were not chosen. the Commission believes that devices impact is expected in the suppliers’ meeting this requirement are not likely competitive positions. 2. Background to fall over while firing, thereby If the changes eliminate all deaths Large multiple-tube devices became minimizing this risk of death and injury associated with these devices, the cost popular in the mid-1980’s. These to operators or spectators. The per life saved would be between about devices typically consist of three or avoidance of these deaths and injuries $4.5 and $8 million. This is within the more tubes fused in a series to fire represents the potential societal benefits range of statistical values of life sequentially; these tubes are grouped of the proposed amendments. suggested in the recent professional together, sometimes on top of a wooden The costs per life saved of this rule literature. [22] base. The devices are designed to fire are estimated to be between $4.5 and $8 4. Alternatives to the Rule aerial shells, comets, or mines million. These costs are within the producing visual and audible effects range of statistical values of life The Commission considered several from non-reloadable tubes. They are suggested in the recent professional alternatives to the performance standard among the largest fireworks available for literature. [22] Given that no significant issued below, including a product ban, direct consumer use. substitution of more hazardous products deferral to the voluntary standard, and The National Fireworks Association is expected, no offsetting reduction in additional labeling. (NFA) reports that retail sales of these these safety benefits is anticipated. To a. Product Ban. The expected benefits devices are between $24 million and the extent that nonfatal injuries are to society of banning all large multiple- $36 million annually, with an estimated avoided, the potential benefits would be tube devices would be one life saved 400,000 to 700,000 units sold per year. somewhat higher. every 3 years, the same as the potential Prices range from $30 to $130 per unit, b. Potential Costs. Most devices that benefits of the amendments. However, with most devices priced in the $50–$60 already have bases will not have to be costs to society of a ban (as opposed to range. The NFA reports that domestic modified to meet the amendments. The the performance standard) in terms of devices account for about 75 percent of devices that are not expected to need to lost utility would be greater, because the market by dollar value, and be modified are generally manufactured under a ban consumers would not be somewhat less by unit sales. There may domestically and, according to the NFA, able to use large multiple-tube devices. be hundreds of firms engaged in account for at least 75 percent of the Large multiple-tube devices are manufacturing, importing, and retail dollar volume of the market. It is unique with respect to the height and distributing these fireworks. Imported expected that most of the remaining duration of their displays. There are no devices are primarily manufactured in devices (mainly imports) will be close substitutes for the product. Single- China, and may go through several modified to meet the amendments, with tube devices are available, but they do wholesalers before reaching the retail a resulting increase in cost of between not provide the rapid sequential display vendor. 25 to 30 percent per modified unit.8 of multiple-tube devices. The lost utility To comply with the standard, devices In its comments responding to the to consumers of not being able to use that do not have a base would have to NPR, AFSL reported that for the 43 large multiple-tube devices cannot be add one, and some currently used bases units it examined, 65 percent did not measured precisely. However, the fact would have to be enlarged. However, meet the 60-degree tip-angle test. The that consumers are willing to spend consumers are not likely to perceive any Commission is not using AFSL’s $24-$36 million annually to buy these significant loss of enjoyment as a result. estimate of 35 percent compliance with devices suggests that the lost utility While some devices may be the tip-angle test, since the could be substantial. discontinued, loss of consumer choice Commission’s staff raised several The Commission believes that a ban would be minimized by the availability questions about the accuracy of AFSL’s of all large multiple-tube devices is not of devices that do comply with the estimate. Thus, the Commission necessary, because a performance standard. Smaller (less than 1.5 inch ID) continues to use the industry-wide data standard will likely achieve similar multiple-tube devices are not covered provided by NFA to estimate the portion benefits with lower costs. by the rule and would continue to be of devices that would require b. Defer to the Voluntary Standard. available without any change. modification (25 percent). Another alternative is for the Assuming costs are passed on to Commission to take no mandatory 3. Regulatory Analysis of the consumers (as expected), the total action, and to depend on a voluntary Amendments annual cost to consumers of modifying standard. a. Potential Benefits. One of the the affected devices would be between The AFSL revised its standard for potential risks of injury associated with $1.5 million and $2.7 million. While mines and shells on an interim basis on large multiple-tube fireworks devices certain devices may be discontinued, January 29, 1993, and adopted it on results from the tip-over hazard. The the loss of consumer choice would be September 5, 1995. In order to address Commission’s Directorate for minimized by the availability of close the potential tip-over hazard associated Epidemiology and Health Sciences substitutes—i.e., other large multiple- with multiple-tube fireworks devices, reports two deaths associated with the tube devices that comply with the AFSL’s Voluntary Standard for Mines tip-over hazard from January 1, 1988, amendments. Additionally, since most and Shells—Single or Multiple Shot through December 1993. This averages suppliers of currently noncomplying requires that large multiple-tube devices to about 1 death every 3 years. The not tip over (except as the result of the Commission has received no reports of 8 Trade and industry sources report that last shot) when fired on a 2-inch thick injuries with the product. modifying the devices would add about 25 to 30 medium-density foam pad. [14] The Commission is issuing a percent to production costs (although one However, the Commission has concerns commenter on the NPR stated that the per-unit cost performance standard that will require increase would be 35 to 45 percent). Various sales about the adequacy of the provisions of, these devices to have a minimum tip catalogs also indicate that comparable devices and the level of conformance to, the angle greater than 60 degrees. According without bases are significantly less expensive. AFSL standard. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13095

The Commission also does not believe to be effective in reducing the risk of regulations will involve any special or that AFSL’s existing voluntary standard injury. unusual circumstances that would alter adequately reduces the risk of injury Fireworks are frequently used at this conclusion. The Commission due to large devices tipping over while night, reducing the likelihood that determines, therefore, that no significant functioning. The Commission’s tests warning labels will be read. The fact environmental effects will result from using polyurethane foam did not find that fireworks are commonly used at the standard. Accordingly, no sufficient agreement between tip-over parties or celebrations further reduces environmental assessment or performance on foam and on grass. The the likelihood that the user will read environmental impact statement is Commission has no data that would and follow a warning label. Moreover, required in this proceeding. support AFSL’s dynamic test. As tip-over may occur even if the user explained in section G above, the test reads and follows the warning label. In M. Effective Date results AFSL submitted in response to both incidents involving large multiple- The rule will take effect in 1 year and the NPR were limited and the tube devices, the victims were will apply to multiple-tube fireworks Commission does not believe they show spectators who were approximately 40 devices with any tube measuring 1.5 that this dynamic test is reliable. feet (12 meters) away from the device, inches or more in inner diameter that In addition, even if the AFSL standard which they probably believed was a safe first enter commerce or are imported on were effective, the Commission distance. The devices were placed on or after the effective date. However, concludes that compliance with the smooth, hard surfaces, although one was provisions may be stayed by the filing standard would not be adequate. The angled to shoot over a lake. In light of of proper objections. Notice of the filing majority of large multiple-tube devices these facts, it is unlikely that a warning of any objections or lack thereof will be are domestic. In the NPR, the label would have prevented these given by publication in the Federal Commission stated that according to deaths. [1, Tab E] Register. AFSL, not a single domestically K. Regulatory Flexibility Certification manufactured device has been certified List of Subjects in 16 CFR Part 1500 as complying with the AFSL standard. Under the Regulatory Flexibility Act, Consumer protection, Hazardous In comments responding to the NPR, 5 U.S.C. §§ 601–612, agencies generally materials, Hazardous substances, AFSL stated that their standards are are required to prepare proposed and Imports, Infants and children, Labeling, voluntary ‘‘and the decision to comply final regulatory flexibility analyses Law enforcement, and Toys. with the standards rests solely with describing the impact of the rule on Conclusion individual manufacturers.’’ However, small businesses and other small the Commission must have assurance of entities. However, these analyses are not For the reasons given above, the an adequate level of compliance with a required if the head of the agency Commission finds that cautionary voluntary standard in order to depend certifies that the rule will not have a labeling required by the FHSA is not on that standard to reduce a risk. significant effect on a substantial adequate for multiple-tube devices AFSL’s limited testing conducted in number of small entities. As described having any tube 1.5 inches (3.8 cm) or response to the NPR does not substitute below, the Commission has analyzed larger in inner diameter and having a for an ongoing and comprehensive the potential effect of the amendment on minimum tip angle larger than 60 testing program. industry. degrees. Further, in order to protect the AFSL reports that some shipments of The Commission has determined that public health and safety and due to the imported large multiple-tube devices the proposed standard will not have a degree and nature of the tip-over hazard have been tested and certified in China significant impact on a substantial presented by these devices, it is this year and that, since January 1994, number of small businesses. The necessary to keep them out of commerce 30 percent of the lots it tested were devices subject to the standard if they fail to meet this standard. Thus, rejected for failure to comply with the constitute less than 1 percent of the the Commission amends Parts 1500 and AFSL standard. However, the results of overall fireworks market. The foreign 1507 Title 16 of the Code of Federal CPSC’s compliance testing indicate that firms that make the types of devices Regulations as follows: multiple-tube devices still tip over subject to this rule that are likely to while functioning in dynamic tests on require modification in order to comply PART 1500Ð[AMENDED] grass. In fiscal year 1994, all 24 also make other types of fireworks. Only 1. The authority for Part 1500 imported devices the Commission a small portion of the total production continues to read as follows: tested, and 1 of 8 domestic devices, of these firms involves the large tipped over while functioning. In fiscal multiple-tube devices subject to the Authority: 15 U.S.C. 1261–1278 year 1995, 22 of 27 imported devices rule. Thus, the Commission certifies 2. Section 1500.17 is amended by and 1 of 5 domestic devices tipped over. that no significant adverse impact on a adding a new paragraph (a)(12) to read [19] substantial number of small firms, or as follows: other entities, will result from the c. Additional Labeling amendment issued below. § 1500.17 Banned hazardous substances. The current product has extensive * * * * * labeling. The text of the labels required L. Environmental Considerations (a) * * * by the Commission is quoted in section The Commission’s regulations (12) (i) Large multiple-tube devices. D above. One alternative available to the governing environmental review Multiple-tube mine and shell fireworks Commission is to add further warning or procedures state that the amendment of devices that first enter commerce or are instructional labeling to large multiple- rules or safety standards establishing imported on or after [insert date that is tube devices or to modify the existing design or performance requirements for 1 year after publication], that have any warning. Although this may have less products normally have little or no tube measuring 1.5 inches (3.8 cm) or impact on manufacturers and importers potential for affecting the human more in inner diameter, and that have than a performance standard, the environment. 16 CFR 1021.6(c)(1). The a minimum tip angle greater than 60 Commission believes that any Commission does not foresee that this degrees when tested in accordance with additional or altered labeling is unlikely amendment to the existing fireworks the procedure of § 1507.12 of this part. 13096 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

(ii) Findings. (A) General. In order to tested, and 1 of 8 domestic devices, PART 1507Ð[AMENDED] issue a rule under the section 2(q)(1) of tipped over while functioning. In fiscal the FHSA, 15 U.S.C. 1261(q)(1), year 1995, 22 of 27 imported devices 1. The authority for Part 1507 classifying a substance or article as a and 1 of 5 domestic devices tipped over continues to read as follows: banned hazardous substance, the FHSA during Commission testing. The Authority: Sec. 2(q)(1)(B), (2), 74 Stat. 374 requires the Commission to make Commission finds that there is unlikely as amended 80 Stat. 1304–1305; (15 U.S.C. certain findings and to include these in to be substantial compliance with the 1261); sec. 701(e), 52 Stat. 1055 as amended; the regulation. These findings are voluntary standard applicable to 21 U.S.C. 371(e)); sec. 30(a), 86 Stat. 1231; 15 discussed in paragraphs (a)(12)(ii)(B) multiple-tube devices. U.S.C. 2079(a)). through (D) of this section. (C) Relationship of benefits to costs. 2. Part 1507 is amended by adding a (B) Voluntary standard. (1) One The Commission estimates that the 60- new § 1507.12 to read as follows: alternative to the tip-angle requirement degree tip-angle standard will eliminate § 1507.12 Multiple-tube Fireworks Devices. that the Commission considered is to the unreasonable tip-over risk posed by take no mandatory action, and to these devices. This will provide benefits (a) Application. Multiple-tube mine depend on a voluntary standard. The of saving one life about every 3 years, and shell fireworks devices with any American Fireworks Safety Laboratory and preventing an unknown number of tube measuring 1.5 inches (3.8 cm) or (AFSL) has a standard for mines and nonfatal injuries. The annual cost of more in inside diameter and subject to shells intended to address the potential modifying affected devices is estimated § 1500.17(a)(12) of this part shall not tip tip-over hazard associated with to be between $1.5 million and $2.7 over when subjected to the tip-angle test multiple-tube fireworks devices. AFSL’s million. The Commission finds that the described in this section. Voluntary Standard for Mines and benefits from the regulation bear a (b) Testing procedure. The device Shells—Single or Multiple Shot requires reasonable relationship to its costs. shall be placed on a smooth surface that that large multiple-tube devices not tip (D) Least burdensome requirement. can be inclined at 60 degrees from the over (except as the result of the last The Commission considered the horizontal, as shown in Figure 1 of this shot) when shot on a 2-inch thick following alternatives: a ban of all section. The height and width of the medium-density foam pad. The multiple-tube devices with inner tube inclined plane (not including the Commission cannot conclude that diameters 1.5 inches or greater; a portion of the plane below the AFSL’s existing voluntary standard dynamic performance standard; mechanical stop) shall be at least 1 inch adequately reduces the risk of injury additional labeling requirements; and (2.54 cm) greater than the largest from large devices that tip over while relying on the voluntary standard. dimension of the base of the device to functioning. The Commission’s tests Although a ban of all large multiple- be tested. The test shall be conducted on using polyurethane foam did not find tube devices would address the risk of a smooth, hard surface that is horizontal sufficient agreement between injury, it would be more burdensome as measured by a spirit level or performance on foam and on grass. No than the tip-angle standard. The equivalent instrument. The mechanical other data are available to show that this Commission was unable to develop a stop on the inclined plane shall be 1/16 dynamic test is reliable. satisfactory dynamic standard that inches (1.6 mm) in height and (2) In addition, even if the AFSL would reduce the risk of injury. Neither perpendicular to the inclined plane. The standard is effective, the Commission additional labeling requirements nor stop shall be positioned parallel to the does not believe that compliance with reliance on the voluntary standard bottom edge of the inclined plane and the standard will be adequate. AFSL would adequately reduce the risk of so that no portion of the device to be reports that it has been testing in injury. Thus, the Commission finds that tested or its base touches the horizontal accordance with its standard since a standard requiring large multiple-tube surface. The device shall not tip over January 1994. However, the results of devices to have a minimum tip angle when the plane is inclined at 60-degrees CPSC’s compliance testing indicate that greater than 60 degrees is the least from the horizontal. The procedure shall multiple-tube devices still tip over burdensome requirement that would be repeated for each edge of the device. while functioning. In fiscal year 1994, prevent or adequately reduce the risk of Figure 1 to § 1507.12 all 24 imported devices the Commission injury. BILLING CODE 6355±01±P Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13097

BILLING CODE 6355±01±C HSHE, ‘‘Results for Dynamic Stability Testing Laboratory, Bethesda, Maryland, January 28, Dated: March, 18, 1996. of Large Multiple-tube Mine and Shell 1993. Sadye E. Dunn, Devices,’’ May 18, 1995. 16. Memorandum from Neal Gasser, LSHL, Secretary, Consumer Product Safety 7. Memorandum from Thomas Caton, to Michael Babich, HSHE, ‘‘Additional Tests Commission. ESME, to Michael Babich, HSHE, ‘‘Fireworks of Multiple-tube Mine and Shell Devices,’’ Testing: Test Surface Roughness,’’ May 22, June 8, 1995. Reference Documents. (The following list 1995. 17. Briefing Memorandum on Multiple- of documents will not be printed in the Code 8. Report from Terry Kissinger, EPHA, to tube Mine and Shell Fireworks Devices— of Federal Regulations.) Michael Babich, HSHE, ‘‘A Comparison of Final Rule, from Michael Babich, EHHE, and The following documents contain the Tip-over Performances of Multiple-tube Ronald L. Medford, HIR, to the Commission, information relevant to this rulemaking Mine and Shell Devices on Grass and Foam,’’ January 23, 1996. proceeding and are available for inspection at January 1995. 18. Memorandum from Michael A. Babich, the Office of the Secretary, Consumer 9. Memorandum from George F. Sushinsky, EHHE, ‘‘Responses to Comments on Product Safety Commission, Room 502, 4330 LSEL, to Michael Babich, HSHE, Multiple-tube Mine and Shell Devices,’’ East-West Highway, Bethesda, Maryland ‘‘Dimensional and Stability Measurements of January 16, 1996. 20814: Fireworks,’’ March 10, 1995. 19. Memorandum from Samuel B. Hall, 1. Multiple-tube Mine and Shell Fireworks 10. Memorandum from George F. CRM, to Michael Babich, HSHE, Devices: Advance Notice of Proposed Sushinsky, LSEL, to Michael Babich, HSHE, ‘‘Compliance Tests of Large Multiple-tube Rulemaking; Request for Comments and ‘‘Tip Angle Measurements of a Device with Mine and Shell Devices under FY 1994 and Information, 59 Fed. Reg. 33928 (July 1, a Plastic Base,’’ April 13, 1995. FY 1995 Fireworks Enforcement Programs,’’ 1994). 11. Memorandum from Jay Sonenthal, December 8, 1995. 2. Briefing Package: Multiple-tube Mine LSHL, to Michael Babich, HSHE, ‘‘Test of a 20. Memorandum from Leonard Schacter, and Shell Fireworks Devices, Consumer Device with a Plastic Base,’’ May 22, 1995. EHHA, to Michael Babich, HSHE, ‘‘Annual Product Safety Commission, May 31, 1994. 12. Memorandum from Sam Hall, CERM, to Estimated Injuries Associated with Multiple- 3. Briefing Memorandum on Multiple-tube Michael Babich, HSHE, ‘‘Acceptable Tipover tube Mine and Shell Fireworks Devices,’’ Mine and Shell Fireworks Devices, from Rate for Multiple-tube Devices,’’ November November 1, 1995. Ronald L. Medford, EXHR and Michael 21, 1994. 21. Memorandum from Anthony Homan, Babich, EHHE, to the Commission, June 8, 13. Memorandum from Anthony Homan, ECPA, to Michael Babich, HSHE, ‘‘Multiple- 1995. ECPA, to Michael Babich, HSHE, ‘‘Multiple- tube Mine and Shell Fireworks Devices— 4. Memorandum from Michael Babich, tube Mine and Shell Fireworks Devices— Final Regulatory Analysis,’’ January 16, 1996. Project Manager, HSHE, ‘‘Responses to Public Regulatory Analysis,’’ May 18, 1995. 22. Viscusi, W.K., ‘‘The Value of Risks to Comments on Multiple-tube Mine and Shell 14. Memorandum from Sam Hall, CERM, to Life and Health,’’ Journal of Economic Devices,’’ May 22, 1995. Michael Babich, HSHE, ‘‘AFSL’s Interim Literature, December 1993. 5. Memorandum from Leonard Schachter, Voluntary Standard for Large Multiple-tube 23. Kissinger, T.L., Fireworks Injuries— EPHA, to Michael Babich, HSHE, ‘‘Annual Mine and Shell Devices and Staff’s Proposed results of a 1992 NEISS study. U.S. Consumer Estimated Injuries Associated with Multiple- Mandatory Static Performance Standard, May Product Safety Commission, Washington, DC tube Mine and Shell Fireworks Devices,’’ 25, 1995. 20207. September 1993. June 1, 1995. 15. Product and Performance Standard for 6. Memorandum from James Carleton and Mines and Shells—Single or Multiple Shot,’’ [FR Doc. 96–6857 Filed 3–25–96; 8:45 am] Jay Sonenthal, LSHS, to Michael Babich, Version 1.1, American Fireworks Standards BILLING CODE 6355±01±P 13098 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION written data, or arguments for or against 33 CFR Parts 154 and 155 this deviation. Persons submitting Coast Guard comments should include their name, 46 CFR Parts 12, 13, 15, 30, 31, 35, 78, address, identify this rulemaking 90, 97, 98, 105, 151, 153, and 154 33 CFR Part 117 (CGD07–96–010) and give the reason for [Docket No. CGD±79±116] [CGD07±96±010] each comment. Persons wanting acknowledgment of receipt of comments RIN 2115±AA03 Drawbridge Operation Regulations: should enclose a stamped self-addressed Qualifications for Tankermen, and for Atlantic Intracoastal Waterway, FL postcard or envelope. Persons in Charge of Transfers of AGENCY: Coast Guard, DOT. The Coast Guard will consider all Dangerous Liquids and Liquefied ACTION: Notice of deviation from comments received during the comment Gases regulations and request for comments. period and determine whether to initiate a rulemaking to propose a AGENCY: Coast Guard, DOT. SUMMARY: Notice is hereby given that permanent change to the drawbridge ACTION: Reopening of Comment Period the Coast Guard issuing a temporary operation schedule. Persons may submit on interim rule. deviation to the regulations governing comments by writing to the Commander the J.D. Butler (Hillsboro Boulevard, SUMMARY: The Coast Guard is reopening (oan), Seventh Coast Guard District State Road 810) drawbridge, mile the period for public comment on its 1050.0, at Deerfield Beach, from March listed under ADDRESSES. Interim Rule on the Qualifications for 1, 1996 through May 30, 1996. This Background and Purpose Tankermen, and for Persons in Charge deviation authorizes the bridge owner to of Transfers of Dangerous Liquids and open the draw on signal, except that, The City of Deerfield Beach has Liquefied Gases. It would like public from 7 a.m. to 6 p.m., Monday through requested a change from the current help in treating certain issues. Thursday, the draw need open only on seasonal operating schedule in Title 33 DATES: The effective date remains March the hour, 20 minutes after the hour, and CFR 117.261(bb) to a year-round hour 31, 1996. Written comments must be forty minutes after the hour; and from and half-hour opening schedule. A received not later than May 28, 1996. 7 a.m. to 6 p.m., Friday through Sunday Coast Guard analysis of highway traffic ADDRESSES: Written comments may be and federal holidays, the draw need and bridge opening data provided by the mailed to the Executive Secretary, open only on the hour and half-hour. Florida Department of Transportation Marine Safety Council (G–LRA, 3406), The purpose of this temporary change in which was completed on May 8, 1995, U.S. Coast Guard, 2100 Second Street opening schedule from Friday through indicated the heavy traffic congestion is SW., Washington, DC 20593–0001, or Sunday and federal holidays is to test limited to weekends during the winter may be delivered to room 3406 at the the feasibility of establishing a tourist season. This deviation will allow same address between 8 a.m. and 3 permanent change to the seasonal a test of the proposed hour and half- p.m., Monday through Friday, except opening restrictions to reduce severe hour opening schedule during the Federal holidays. Comments will vehicular traffic congestion without heaviest highway and waterway traffic become part of this docket and will be unreasonably impacting navigation. periods. If the test reduces highway available for inspection or copying at DATES: This deviation is effective from traffic congestion without unreasonably room 3406, Coast Guard Headquarters, March 1, 1996 through May 30, 1996, impacting navigation, the Coast Guard between 8 a.m. and 3 p.m., Monday unless sooner terminated. Comments on plans to publish a Notice of Proposed through Friday, except Federal holidays. the alternate schedule must be received Rulemaking which will request FOR FURTHER INFORMATION CONTACT: on or before May 30, 1996. comments on a permanent change to the Mr. Mark C. Gould, Project Manager, ADDRESSES: Comments may be mailed to regulations. Marine Safety and Environmental Commander (oan), Seventh Coast Guard Public vessels of the United States, Protection Directorate, Office of District, Brickell Plaza Federal Building, Maritime Personnel Qualifications (G– tugs with tows, and vessels in a Room 406, 909 SE. 1st Avenue, Miami, MOS–1), (202) 267–6890. This situation where a delay would endanger Florida 33131–3050. The comments and telephone is equipped to record life or property shall, upon proper other materials referenced in this notice messages on a 24-hour basis. will be available for inspection and signal, be passed through the draw at SUPPLEMENTARY INFORMATION: any time. On copying at the above address. Normal Tuesday, April 4, 1995 [60 FR 17134], office hours are between 7:30 a.m. and This deviation from normal operating the Coast Guard issued an Interim Rule 4 p.m., Monday through Friday, except regulations (33 CFR 117.5) is authorized on the Qualifications for Tankermen, federal holidays. Comments may also be in accordance with the provisions of and for Persons in Charge of Transfers hand-delivered to the above address. title 33 of the Code of Federal of Dangerous Liquids and Liquefied FOR FURTHER INFORMATION CONTACT: Regulations, § 117.43. Gases. The deadline for written Mr. Brodie Rich, Bridge Management Dated: March 7, 1996. comments was June 30, 1995. Specialist, Seventh Coast Guard District, Comments submitted during the P.J. Cardaci, at 305–536–5117. comment period by the public and Captain U.S. Coast Guard, Commander, SUPPLEMENTARY INFORMATION: further evaluation of the Interim Rule by Seventh Coast Guard District, Acting. the Coast Guard revealed certain issues Request for Comments [FR Doc. 96–7171 Filed 3–25–96; 8:45 am] that require further evaluation, The Coast Guard encourages BILLING CODE 4910±14±M clarification, or correction. The Coast interested persons to participate in this Guard has, therefore, decided to reopen evaluation of possible changes to the the comment period. There is no need regulations governing the J.D. Butler to refile comments already submitted. Drawbridge over the Atlantic The effective date of the Interim Rule Intracoastal Waterway by submitting remains March 31, 1996. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13099

Although the Coast Guard invites in others. The Coast Guard did not reasonable period of time to comments on any feature of the Interim intend that a large oil or chemical satisfactorily complete the course. It Rule, it specifically invites comments company could employ a large number invites comments. on the following: of tankermen with restricted Section 13.117 Any person: endorsements. It invites comments. TITLE 33ÐNAVIGATION AND NAVIGABLE Endorsement as Tankerman-Assistant WATERS Section 13.113 Tankerman certified based on unlicensed deck service before Section 155.710 Qualifications of under prior regulations. March 31, 1996. person in charge. Paragraph (a) allows certain persons This section requires that a person Paragraphs (a)(2)(ii), (b)(2), and (g) who have acted as Tankermen-PICs with unlicensed deck service before allow the PIC of cargo-tank cleaning on before March 31, 1996, to continue in March 31, 1996, obtain a Tankerman- a vessel at a tank-cleaning facility or that capacity. However, paragraph Assistant endorsement to his or her shipyard to hold a marine chemist’s (d)(1)(iii)(A)(1) does not require any MMD no later than the first renewal of certificate issued by the National Fire particular period of sea service, and the MMD after March 31, 1997, if he or Protection Association instead of the paragraphs (d)(1)(iii)(A)(2) and she intends to continue in that capacity. appropriate Tankerman-PIC (d)(1)(iii)(B) require only 30 days of sea The Coast Guard intends that the final endorsement. Numerous comments on service. None of these sections comply rule will allow service by one carrying the Interim Rule objected to this with the International Convention on temporary proof of the tankerman’s alternative. They stated that no marine Standards of Training, Certification and qualifications as § 13.113 did for chemist is qualified to act as a Watchkeeping for Seafarers, 1978 Tankerman-PIC or Tankerman-PIC Tankerman-PIC. The Coast Guard will (STCW), as amended in 1994, which (Barge). But, again as we have just seen, compare the qualifications for marine requires 90 days of sea service on § 13.113 itself comes up short—60 days chemists with those for Tankerman- tankers. Since the United States is short—measured against STCW, as PICs. It invites comments. signatory to STCW, the Coast Guard amended in 1994. Therefore, to provide considers itself bound to amend for an orderly transition to a regime TITLE 46ÐSHIPPING paragraphs (d)(1)(iii)(A)(1), governed by STCW, as amended in Section 13.107 Tankerman (d)(1)(iii)(A)(2), and (d)(1)(iii)(B) to 1994, as well as to square § 13.117 with endorsement: General. require 90 days of sea service on § 13.113 in its STCW-compatible form, tankers. It invites comments. the Coast Guard considers itself bound Section 15.860 Tankerman. to amend paragraphs (a) and (b) to There appears to be some confusion Section 13.115 Licensed engineer: Endorsement as Tankerman-Engineer require 90 days of sea service on and disagreement regarding the term tankers. It invites comments. direct supervision as used in these based on service on tankships before March 31, 1996. Further, STCW, as amended in 1994, sections. The Coast Guard defines being allows an applicant for this under direct supervision to mean being This section requires that a licensed endorsement to satisfactorily complete a within the unobstructed view of the person with service as chief, first tanker-familiarization course rather than supervisor. If the PIC assigns a person assistant, or cargo engineer before satisfy paragraph (a) or (b). Therefore, to turn a particular value, and if this March 31, 1996, obtain a Tankerman- the Coast Guard is inclined to amend person bends down so that either the Engineer endorsement to his or her this section to allow satisfactory hands or the valve is not visible to the MMD no later than the first renewal of completion of this course, too. It invites PIC, this person is not under direct the MMD after March 31, 1997, if he or comments. supervision of the PIC. A fair equivalent she intends to continue in any of those Further yet, STCW, as amended in might be being in ‘‘direct line of sight capacities. The Coast Guard intends that 1994, requires that an application for of the supervisor, or in close proximity the final rule will allow service by one this endorsement satisfactorily complete to the transfer and maintaining direct, carrying temporary proof of the a firefighting course. The Coast Guard is continuous communications by a tankerman’s qualifications as § 13.113 included to amend this section to convenient, reliable means, such as a did for Tankerman-PIC or Tankerman- require satisfactory completion of this hand-held radio.’’ The Coast Guard PIC (Barge). But, as we have just seen, course, too. It invites comments. invites comments. § 13.113 itself comes up short—60 days For the Tankerman-Assistant short—measured against STCW, as endorsement, the Coast Guard will Section 13.111 Restricted amended in 1994. Therefore, to provide accept pumpman service as well as the endorsement. for an orderly transition to a regime deck service described in §§ 13.117 and This section lets an applicant apply governed by STCW, as amended in 13.403. It invites comments. for a tankerman endorsement restricted 1994, as well as to square § 13.115 with to specific cargoes or groups of cargoes, § 13.113 in its STCW-compatible form, Section 13.409 Eligibility specific vessels, specific facilities, the Coast Guard considers itself bound requirements: Cargo course. specific employers, or the like. The to amend paragraphs (a) and (b) to This section allows an applicant for Coast Guard intended for this require 90 days of sea service on an endorsement as Tankerman-Assistant endorsement to benefit oil and chemical tankers. It invites comments. to substitute sea service for satisfactory companies that handle only one or two In addition, STCW, as amended in completion of a course in DL or LG. But cargoes or that employ a small number 1994, requires that an applicant for this STCW, as amended in 1994, requires the of tankerman, who conduct transfers at endorsement satisfactorily complete the same applicants to either (1) a small number of sites. This appropriate DL or LG course. The Coast satisfactorily complete a tanker- endorsement would relieve its holders Guard is inclined to amend this section familiarization course or (2) prove 90 of having to take the DL or LG course to require satisfactory completion of a days of sea service on tankers. because those holders would have DL or LG course. However, the Coast Therefore, the Coast Guard considers frequent opportunity to observe and Guard is willing to consider deferring itself bound to amend this section to participate in local transfers and would the course requirement for a limited require either (1) satisfactory have no need to observe or participate period of time, to give mariners a completion of a tanker-familiarization 13100 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations course, rather than of a course in DL or terminates at 8 a.m. on September 31, Collection of information LG, or (2) 90 days of sea service on 1996. This rule contains no information tankers, rather than an unspecified FOR FURTHER INFORMATION CONTACT: collection requirements under the amount of sea service of an unspecified Paperwork Reduction Act (44 U.S.C. kind. It invites comments. LT Byron Black, Chief, Port Operations, Captain of the Port, 200 Jefferson 3501 et seq.). Section 13.503 Eligibility Avenue, Suite 1301, Memphis, TN Federalism requirements: Experience. 38103, Phone: (901) 544–3941. The Coast Guard has analyzed this This section allows an applicant for SUPPLEMENTARY INFORMATION: under the principles and criteria an endorsement as Tankerman-Engineer contained in Executive Order 12612 and to combine sea service and satisfactory Background and Purpose has determined that this rule does not completion of a DL or LG course for the have sufficient federalism implications requisite experience. But STCW, as At approximately 10:10 p.m. on March 12, 1996, the M/V ROBERT A to warrant the preparation of a amended in 1994, requires that the same Federalism Assessment. applicant both satisfactorily complete KYLE reported that one iron barge had the appropriate DL or LG course and sunk at approximate mile 633.0 on the Environment prove 90 days of sea service on tankers. Lower Mississippi River. The sunken barge’s exact location remains unknown Teh Coast Guard considered the Therefore, the Coast Guard is inclined to environmental impact of this rule and amend this section to require both, and survey operations at Lower Mississippi River mile 633.0 will concluded that, under paragraph 2.B.2 rather than some blend of them. It of Commandant Instruction M16475.1B invites comments. commence shortly. The navigable channel will be blocked during survey (as revised by 59 FR 38654; July 29, Section 13.509 Eligibility and salvage operations. A safety zone 1994), this rule is categorically excluded requirements: Cargo course. has been established on the Lower from further environmental documentation. This section allows an applicant for Mississippi River from mile 631.0 to an endorsement as Tankerman-Engineer mile 635.0 in order to facilitate safe List of Subjects in 33 CFR Part 165 vessel passage. Entry of vessels or to substitute sea service for satisfactory Harbors, Marine safety, Navigation persons into this zone is prohibited completion of a course in DL or LG. But (water), Reporting and recordkeeping unless specifically authorized by the STCW, as amended in 1994, requires requirements, Security measures, Captain of the Port. that the same applicant both Vessels, Waterways. satisfactorily complete the appropriate In accordance with 5 U.S.C. 553, a For the reasons set out in the DL or LG course and prove 90 days of notice of proposed rulemaking was not preamble, the Coast Guard amends 33 sea service on tankers. Therefore, the published for this regulation and good CFR Part 165 as follows: Coast Guard is inclined to amend this cause exists for making it effective in section to require both, rather than some 1. The authority citation for Part 165 less than 30 days after Federal Register continues to read as follows: blend of them. It invites comments. publication. Publication of a notice of Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Dated: March 15, 1996. proposed rulemaking and delay of effective date would be contrary to the and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and J.C. Card, 160.5; and 49 CFR 1.46. Rear Admiral, U.S. Coast Guard Chief, Office public interest because immediate of Marine Safety, Security and Environmental action is necessary. Specifically, 2. A new temporary section 165.T02– Protection. immediate action is necessary to 078 is added to read as follows: facilitate the survey for the sunken [FR Doc. 96–7169 Filed 3–25–96; 8:45 am] § 165.T02±078 Safety Zone; Lower BILLING CODE 4910±14±M barge’s exact location. Harm to the Mississippi River. public or environment may result if vessel traffic is not controlled during the (a) Location. The following area is a Safety Zone: Lower Mississippi River 33 CFR Part 165 operations. As a result, the Coast Guard deems it to be in the public’s best mile 631.0 to mile 635.0. [CGD02±96±078] interest to issue a regulation (b) Effective dates. This section is immediately. effective from 11 p.m. on March 12, RIN 2115±AA97 1996, and terminates at 8 a.m. on Regulatory Evaluation September 31, 1996. Safety Zone; Lower Mississippi River, (c) Regulations. In accordance with Mile 631.0 to Mile 635.0 This rule is not a significant the general regulations in § 165.23, entry regulatory action under section 3(f) of into this zone is prohibited except as AGENCY: Coast Guard, DOT. Executive Order 12866 and does not authorized by the Captain of the Port. ACTION: Temporary rule. require and assessment of potential The Captain of the Port, Memphis, costs and benefits under section 6(a)(3) SUMMARY: The Coast Guard is Tennessee, will notify the maritime of that order. It has not been reviewed community of conditions affecting the establishing a temporary safety zone on by the Office of Management and the Lower Mississippi River between area covered by this safety zone by Budget under that order. It is not Marine Safety Information Radio mile 631.0 and mile 635.0. This significant under the regulatory policies regulation is needed to restrict vessel Broadcast on VHF Marine Band Radio, and procedures of the Department of Channel 22 (157.1 MHz). traffic in the regulated area to prevent a Transportation (DOT) (44 FR 11040; collision with a sunken barge, surveying February 26, 1979). The Coast Guard Dated: March 12, 1996. and salvage equipment and to provide a expects the economic impact of this P.L. Mountcastle, safe work area for survey and salvage proposal to be so minimal that a full Lieutenant Commander, USCG, Acting personnel. Regulatory Evaluation under paragraph Captain of the Port. DATES: This regulation is effective from 10e of the regulatory policies and [FR Doc. 96–7305 Filed 3–25–96; 8:45 am] 11 p.m. on March 12, 1996, and procedures of DOT is unnecessary. BILLING CODE 4910±14±M Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13101

ENVIRONMENTAL PROTECTION subsequent rulemaking action based on FOR FURTHER INFORMATION CONTACT: AGENCY the proposed rule. Kelly Fortin, Title V Program Development Team, Air Programs List of Subjects in 40 CFR Part 52 40 CFR Part 52 Branch, Air, Pesticides & Toxics [DE26±1±6940; FRL±5444±8] Environmental protection, Air Management Division, U.S. pollution control, Carbon Monoxide, Environmental Protection Agency, Approval and Promulgation of Air Hydrocarbons, Intergovernmental Region 4, 345 Courtland Street NE, Quality Implementation Plans; relations, Nitrogen Dioxide, Ozone, Atlanta, Georgia 30365, (404) 347–3555, Delaware: Amendment of Final Rule Reporting and recordkeeping Ext. 4150. requirements. Pertaining to Regulation 24ÐControl SUPPLEMENTARY INFORMATION: of Volatile Organic Compound Dated: March 14, 1996. I. Background and Purpose Emissions, Section 47ÐOffset Stanley L. Laskowski, Lithographic Printing Acting Regional Administrator, Region III. A. Introduction AGENCY: Environmental Protection Accordingly, 40 CFR part 52 is Title V of the 1990 Clean Air Act Agency (EPA). amended as follows: Amendments (sections 501–507 of the ACTION: Amendment of direct final rule. Clean Air Act (the Act)) and the PART 52Ð[AMENDED] implementing regulations at 40 Code of SUMMARY: On January 26, 1996, EPA Federal Regulations (CFR) part 70 1. The authority citation for part 52 published approval of a State require that states or authorized local continues to read as follows: Implementation Plan (SIP) revision agencies develop and submit operating submitted by Delaware (61 FR 2419) Authority: 42 U.S.C. 7402–7671q. permits programs to EPA by November 15, 1993, and that EPA act to approve pertaining to Delaware Regulation 24, § 54.420 [Amended] Control of Volatile Organic Compound or disapprove each program within one Emissions, sections 10, 11, 12, 44, 45, 2. In § 54.420(c)(54)(i)(B), the number year after receiving the submittal. If the 47, 48, and 49, and Appendices I, K, L, ‘‘47’’ is removed. permitting authority’s submission is and M, effective November 29, 1994. [FR Doc. 96–7063 Filed 3–25–96; 8:45 am] materially changed during the one-year These sections of Regulation 24 BILLING CODE 6560±50±P period, 40 CFR 70.4(e)(2) allows EPA to establish additional emission standards extend the review period for no more that represent the application of than one year following the receipt of reasonably available control technology 40 CFR Part 70 the additional materials. (RACT) to categories of stationary EPA’s operating permit program sources of volatile organic compounds [TN-CHAT±95±01; FRL±5445±8] review occurs pursuant to section 502 of (VOCs). This action was published the Act and the part 70 regulations, without prior proposal. Because EPA Clean Air Act Final Full Approval of which together outline criteria for received adverse comments on a section Operating Permits Program; Hamilton approval or disapproval. Where a of this action, EPA is withdrawing the County, Tennessee program substantially, but not fully, meets the requirements of part 70, EPA reference pertaining to Regulation 24, AGENCY: Environmental Protection may grant the program interim approval section 47, Offset Lithographic Printing. Agency (EPA). for a period of up to two years. If EPA EFFECTIVE DATE: March 26, 1996. ACTION: Final full approval. has not fully approved a program by FOR FURTHER INFORMATION CONTACT: Rose November 15, 1995, or by the end of an Quinto, (215) 597–3164. SUMMARY: EPA is promulgating full approval of the title V operating permits interim program, it must establish and SUPPLEMENTARY INFORMATION: EPA implement a Federal operating permit approved this direct final rule without program submitted by the State of Tennessee on behalf of the Chattanooga- program for that state or local agency. prior proposal because the agency On November 8, 1995, EPA proposed Hamilton County Air Pollution Control viewed it as a noncontroversial full approval, or in the alternative, Bureau (CHCAPCB). The CHCAPCB amendment and anticipated no adverse interim approval of the operating program was submitted for the purpose comments. The direct final rule was permits program for CHCAPCB in the of complying with Federal requirements published, without prior proposal, in Federal Register. See 60 FR 56285. The which mandate that states or local the Federal Register (61 FR 2419) with Federal Register notice stated that, as a authorities develop, and submit to EPA, a provision for a 30 day comment condition of full approval, certain programs for issuing operating permits period. At the same time, EPA revisions or clarifications were required to all major stationary sources and to published a proposed rule which in the insignificant activities list certain other sources. announced that this final rule would contained in CHCAPCB’s program. The convert to a proposed rule in the event EFFECTIVE DATE: April 25, 1996. above-referenced Federal Register that adverse comments were submitted ADDRESSES: Copies of the CHCAPCB notice and the technical support to EPA within 30 days of publication of submittal and other supporting document describe in detail the changes the rule in the Federal Register (61 FR information used in developing the final required for full program approval. The 2464). By publishing a document full approval are available for inspection November 8, 1995, notice also proposed announcing withdrawal of the final rule during normal business hours at the approval of CHCAPCB’s interim action, this action would be withdrawn. following location: U.S. Environmental mechanism for implementing section EPA received adverse comments within Protection Agency, Region 4, 345 112(g) and for delegation of section 112 the prescribed comment period on Courtland Street NE, Atlanta, Georgia standards as promulgated. EPA did not section 47, Offset Lithographic Printing. 30365. Interested persons wanting to receive any comments on the proposal Therefore, EPA is withdrawing the examine these documents, contained in notice. reference pertaining to Regulation 24, EPA docket number TN-CHAT–95–01, On March 14, 1996, the State of section 47 only. All public comments should make an appointment at least 24 Tennessee submitted, on behalf of received will be addressed in a hours before the visiting day. CHCAPCB, revisions to the operating 13102 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations permits program that addressed the pursuant to Tennessee Code Annotated, delegation of section 112 standards and deficiencies discussed in the proposed Section 68–201–115, has authority to programs that are unchanged from full/interim approval Federal Register administer the operating permits Federal rules as promulgated. In notice. These changes became locally program in all areas of Hamilton addition, EPA is approving the effective on the following dates: County, Tennessee, with the exception delegation of all existing standards and February 7, 1996, in the unincorporated of Indian reservations and tribal lands. programs under 40 CFR parts 61 and 63. areas of Hamilton County and in the The CHCAPCB program is implemented This program for delegation applies to East Ridge municipality; March 6, 1996, and enforced through: (1) the both part 70 sources and non-part 70 in the City of Chattanooga; March 7, Chattanooga Air Pollution Control Code sources. (within the incorporated municipality of 1996, in the Soddy-Daisy municipality; III. Administrative Requirements March 11, 1996, in the Signal Mountain the City of Chattanooga, Tennessee); (2) municipality; March 12, 1996, in the the Hamilton County Air Pollution A. Docket Lookout Mountain and Walden Control Regulation (in the Copies of the CHCAPCB submittal municipalities; March 18, 1996, in the unincorporated areas of Hamilton and other information relied upon for Collegedale municipality; March 19, County, Tennessee); and (3) the air this final full approval action are 1996, in the Red Bank municipality; and pollution control ordinances prepared contained in docket number TN-CHAT– March 21, 1996, in the Lakesite for and enacted in the incorporated 95–01 maintained at the EPA Region 4 municipality. The changes will become municipalities of East Ridge, Red Bank, office. The docket is an organized and locally effective in the Ridgeside Soddy-Daisy, Signal Mountain, Lakesite, complete file of all the information municipality on April 16, 1996. In this Walden, Collegedale, Lookout submitted to or otherwise considered by action, EPA is promulgating full Mountain, and Ridgeside. EPA in the development of this action. approval of the CHCAPCB operating B. Preconstruction Permit Program The docket is available for public permits program, and approving the Implementing Section 112(g) inspection at the location listed section 112(g) and section 112(l) previously in the ADDRESSES section of EPA is approving the use of mechanisms noted above. this document. CHCAPCB’s preconstruction review II. Final Action and Implications program found in section 4–8 of the B. Executive Order 12866 A. Title V Operating Permits Program Chattanooga Code and the The Office of Management and Budget corresponding sections of the Hamilton has exempted this action from Executive EPA is promulgating full approval of County and local municipalities’ Order 12866 review. the operating permits program regulations as the mechanism for submitted by the State of Tennessee, on implementing section 112(g) during the C. Regulatory Flexibility Act behalf of CHCAPCB, on November 22, transition period between promulgation EPA’s actions under section 502 of the 1993, and as supplemented on January of EPA’s section 112(g) rule and Act do not create any new requirements, 23, 1995, February 24, 1995, October 13, CHCAPCB’s adoption of rules but simply address operating permits 1995, and March 14, 1995. The specifically designed to implement programs submitted to satisfy the November 8, 1995, Federal Register section 112(g). This approval is limited requirements of 40 CFR part 70. Because notice established that CHCAPCB would to the implementation of the 112(g) rule this action does not impose any new receive full approval of its program if and is effective only during any requirements, it does not have a certain changes were made to the transition time between the effective significant impact on a substantial insignificant activities provisions of the date of the 112(g) rule and the adoption number of small entities. program and submitted to EPA prior to of specific rules by CHCAPCB to EPA’s final action. CHCAPCB has implement section 112(g). The duration D. Unfunded Mandates Reform Act of demonstrated that the program will be of this approval is limited to 18 months 1995 adequate to meet the minimum following promulgation by EPA of Under section 202 of the Unfunded elements of a local operating permits section 112(g) regulations, to provide Mandates Reform Act of 1995, signed program as specified in 40 CFR part 70. Hamilton County, the City of into law on March 22, 1995, EPA must The scope of the CHCAPCB program Chattanooga, and the affected prepare a budgetary impact statement to that EPA is approving in this action municipalities with adequate time to accompany any proposed or final rule applies to all part 70 sources (as defined adopt regulations consistent with that includes a Federal mandate that in the approved program) within Federal requirements. may result in estimated costs to State, Hamilton County, except any sources of local, or tribal governments in the air pollution over which an Indian Tribe C. Program for Delegation of Section 112 aggregate, or to the private sector, of has jurisdiction. See, e.g., 59 FR 55813, Standards as Promulgated $100 million or more. Under section 55815–18 (November 9, 1994). The term Requirements for approval, specified 205, EPA must select the most cost- ‘‘Indian Tribe’’ is defined under the Act in 40 CFR 70.4(b), encompass section effective and least burdensome as ‘‘any Indian tribe, band, nation, or 112(l)(5) requirements for approval of a alternative that achieves the objectives other organized group or community, program for delegation of section 112 of the rule and is consistent with including any Alaska Native village, standards as promulgated by EPA as statutory requirements. Section 203 which is Federally recognized as they apply to part 70 sources. Section requires EPA to establish a plan for eligible for the special programs and 112(l)(5) requires that CHCAPCB’s informing and advising any small services provided by the United States program contain adequate authorities, governments that may be significantly to Indians because of their status as adequate resources for implementation, or uniquely impacted by the rule. Indians.’’ See section 302(r) of the CAA; and an expeditious compliance EPA has determined that the final full see also 59 FR 43956, 43962 (August 25, schedule, which are also requirements approval promulgated in this document 1994); 58 FR 54364 (October 21, 1993). under part 70. Therefore, EPA is also does not include a Federal mandate that The Chattanooga-Hamilton County promulgating approval under section may result in estimated costs of $100 Air Pollution Control Board, operating 112(l)(5) and 40 CFR 63.91 of million or more to State, local, or tribal under a certificate of exemption CHCAPCB’s program for receiving governments in the aggregate, or to the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13103 private sector. This Federal action petroleum refining process. The current C. Recycling of Secondary Materials approves pre-existing requirements text of the exclusion contains a factual Between Industries under State or local law, and imposes error as to the location in the refining IV. State Authority process at which recovered oil can be V. 60–Day Effective Date no new Federal requirements. VI. Regulatory Requirements Accordingly, no additional costs to inserted. The result of this error is to A. Executive Order No. 12866 State, local, or tribal governments, or to inappropriately restrict legitimate B. Regulatory Flexibility Act the private sector, result from this recycling of recovered oil. The corrected C. Paperwork Reduction Act action. rule also in fact reflects the result EPA D. Unfunded Mandates Reform Act initially intended, which was to I. Authority List of Subjects in 40 CFR Part 70 condition the exclusion of recovered oil Environmental protection, on that oil being reinserted into the These regulations are issued under Administrative practice and procedure, petroleum refining process at a point the authority of Sections 2002 and 3001 Air pollution control, Intergovernmental where that process removes or will et seq. of the Solid Waste Disposal Act, relations, Operating permits, Reporting remove at least some contaminants. as amended by the Resource and recordkeeping requirements. In the proposed rules Section of Conservation and Recovery Act, as amended by the Hazardous and Solid Dated: March 15, 1996. today’s Federal Register, EPA is proposing this identical correction and Waste Amendments of 1984, 42 U.S.C. Phyllis P. Harris, soliciting public comment on this 6912 and 6921 et seq. Acting Regional Administrator. correction. If adverse comments are II. Background Part 70, title 40 of the Code of Federal received, EPA will withdraw this direct Regulations is amended as follows: final rule and address the comments in In this document, EPA is correcting a a subsequent final rule. EPA will not significant error in the text of a PART 70Ð[AMENDED] provide additional opportunity for regulatory exclusion relating to comment on the correction. recycling of recovered oil—oil that has 1. The authority citation for part 70 been recovered from secondary continues to read as follows: DATES: This final action will become effective on May 28, 1996, unless EPA materials such as wastewater generated Authority: 42 U.S.C. 7401, et seq. is notified by April 9, 1996, that any from normal petroleum exploration, 2. In appendix A to part 70 the entry person wishes to submit adverse refining, and transport activities—back for Tennessee is amended by comment. If such notification is into the petroleum refining process. redesignating paragraph (b) as (d), by received and EPA withdraws this final Although the genesis of this error adding and reserving paragraph (c), and rule, then timely notice will be requires some detailed explanation by adding a new paragraph (b) to read published in the Federal Register. (which appears below), the ultimate resolution is straightforward: the as follows: ADDRESSES: Comments and materials Agency intended to exclude from the supporting this rulemaking are Appendix A to Part 70—Approval definition of solid waste, and RCRA contained in Public Docket No. F–96– Status of State and Local Operating Subtitle C authority, recovered oil that SW2F-FFFFF and are located in the EPA Permits Programs is inserted into a petroleum refining RCRA docket, Crystal Gateway #1, 1st process at a point at which the process * * * * * Floor, 1235 Jefferson Davis Highway, removes or will remove at least some Arlington, VA. The docket is open from Tennessee contaminants. Today’s document 9:00 to 4:00, Monday through Friday, (a) [Reserved] corrects the erroneous regulatory text to except for Federal holidays. The public (b) Chattanooga-Hamilton County Air restore this intended result. Pollution Control Bureau, Hamilton County, must make an appointment to review The rule at issue is an exclusion for State of Tennessee: submitted on November docket materials by calling (703) 603– recovered oil found at 40 CFR 22, 1993, and supplemented on January 23, 9230. The public may copy a maximum 261.4(a)(12) (promulgated at 59 FR 1995, February 24, 1995, October 13, 1995, of 100 pages from any one regulatory 38545 (July 28, 1994)). That rule and March 14, 1996; full approval effective docket at no cost. Additional copies cost on April 25, 1996. excludes recovered oil from the § .15 per page. Persons wishing to notify definition of solid waste, and RCRA * * * * * EPA of their intent to submit adverse Subtitle C authority, provided the [FR Doc. 96–7166 Filed 3–25–96; 8:45 am] comments on this action should contact recovered oil is reinserted into a BILLING CODE 6560±50±P Steven Silverman, Office of General petroleum refining process ‘‘prior to Counsel (2366), 401 M Street, S.W., crude distillation or catalytic cracking.’’ Washington, D.C. 20460. 40 CFR 261.4(a)(12). The purpose of the 40 CFR Part 261 FOR FURTHER INFORMATION CONTACT: exclusion is to exclude from RCRA [FRL±5446±2] Steven Silverman, (202) 260–7716, regulation recovered oil which is used Office of General Counsel at the above as a feedstock in the petroleum refining RIN 2050±AE31 address. process. 59 FR at 38538. Conditioning Identification and Listing of Hazardous SUPPLEMENTARY INFORMATION: the exclusion on insertion into the refining process at a point where the Waste; Amendments to Definition of Outline of Today’s Action Solid Waste process removes contaminants from the I. Authority recovered oil also helps assure the AGENCY: Environmental Protection II. Background legitimacy and safety of the activity. 59 Agency. III. Clarification of Issues Discussed in the FR at 38542. Preamble ACTION: Direct final rule. However, the rule’s limitation on the A. Status of Recovered Oil from Refineries point of reinsertion is, in fact, with Synthetic Organic Chemical SUMMARY: EPA is correcting the text of Manufacturing Industry (SOCMI) Units erroneously restrictive. The correct a regulatory exclusion from the B. Status of Recovered Oil from Co-Located formulation is that reinsertion should be regulatory definition of solid waste for Petroleum Refineries and Petrochemical at, or before, any point in the petroleum recovered oil which is inserted into the Facilities refining process where at least some 13104 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations contaminants are removed (i.e. 5, 1995; letter from Ralph Colleli, Esq. is excluded from RCRA regulation if it separated from the matrix). Crude to Mr. Michael Shapiro, June 20, 1995. is inserted into designated refinery distillation and catalytic cracking are The 1994 regulatory text is process points. Since promulgation of examples of such points but are not the consequently factually wrong, and the recovered oil rule, EPA has learned exclusive locations where the refining inappropriately reduces recycling that a number of petroleum refineries process removes contaminants. See, e.g., opportunities for recovered oil without also operate petrochemical processing 50 FR at 28725 (July 15, 1985). corresponding environmental benefit. units on-site and that wastewater from The regulatory history of this rule, For these reasons, EPA is correcting the these units is discharged into the although tangled, indicates that the text of the exclusion by revising the first refinery’s wastewater treatment system. Agency did not intend to impose the sentence to state that insertion of The wastewater from these units limiting condition (insertion before recovered oil must be into the refining represents 2%–12% of the total refinery crude distillation or catalytic cracking process ‘‘at or before a point where wastewater volumes and rarely contains only) in fact promulgated, but rather to contaminants are removed.’’ recoverable oil according to some condition the exclusion on insertion There is also one further caveat about petroleum industry sources. In response into any part of the refining process that the regulatory language. EPA did not to questions from the regulated removes contaminants. Since November extend the scope of the exclusion to community regarding whether the 1985, EPA has exempted certain fuels include situations where recovered oil recovered oil exclusion applies to oil resulting from refining of materials is inserted into a petroleum coker. 59 FR recovered from petroleum refineries derived from oil-containing petroleum at 38542. Instead, EPA deferred making with SOCMI units on-site, EPA provides industry hazardous wastes. See 50 FR a final decision on that issue until a the following clarification. 49169, 49203 (Nov. 29, 1985) (codifying later rulemaking. 59 FR at 38536, 38541, While EPA did not specifically 40 CFR 261.6(a)(viii)(B)). The 38542. In fact, EPA has recently address this situation in the recovered accompanying preamble explained that proposed that petroleum coking oil rule, the Agency intended that the these exemptions were based on the operations be expressly encompassed exclusion apply to refineries with on- waste being inserted into a part of the within the scope of an expanded site petrochemical processing units. petroleum refining process ‘‘designed to exclusion. 60 FR 57747, 57796 (Nov. 20, EPA views these SOCMI units as part of remove contaminants in the normal 1995). EPA will take final action on that the normal petroleum refining operation of the refining process.’’ 50 FR proposal as part of that separate operation. Therefore, the presence of these units at a petroleum refining at 49169. The preamble further rulemaking proceeding. However, because a final decision on facility does not preclude the refinery’s explained that the source of the test was the status of petroleum cokers is being eligibility for the recovered oil a comparable statutory exemption from made in that other rulemaking, and exclusion. hazardous waste fuel labelling because petroleum cokers do remove requirements for fuels produced from B. Status of Recovered Oil From Co- contaminants from incoming materials, oil-bearing refining wastes that are Located Petroleum Refineries and at this time EPA is adding to the inserted into the refining process at a Petrochemical Facilities amended regulatory text the point where ‘‘contaminants are qualification that insertion be into or The recovered oil rule also failed to removed.’’ 50 FR at 49169, referring to before a part of the process where specifically address how the regulations RCRA sections 3004(r)(2)(B), and (r)(3). contaminants are removed, but not apply in cases where co-located As set out in the legislative history to direct insertion to petroleum cokers. In petroleum refineries and petrochemical those provisions, the underlying addition, EPA wishes to clarify that facilities share the same wastewater principle is that ‘‘(r)efineries often take neither the July 28, 1994 rule nor this treatment system. In these situations, oily wastes and refining transportation document is intended to change the the proximally located facilities are wastes and reintroduce these wastes current regulatory status of petroleum generally owned and operated by the into the refining process where the oil cokers. same parent company. However, the component is incorporated into a facilities may be separately owned and product and contaminants are removed. III. Clarification of Issues Discussed in operated in some instances. This Refineries should not automatically the Preamble situation presents essentially the same have to place a warning label on these In addition to the correction issue as that posed by the previous case fuels.’’ S. Rep. No. 98–284, 98th Cong. discussed above, EPA wishes to clarify involving on-site SOCMI units. The 1st Sess. at 40. several issues discussed in the preamble difference in this case is that the The 1994 rule at issue here meant to to the July 28, 1994 recovered oil rule. petrochemical processes are located off- retain this principle by requiring that site of the petroleum refining facility. In the recovered oil be inserted into the A. Status of Recovered Oil From response to questions from the regulated refining process ‘‘at or before a point Refineries With Synthetic Organic community regarding whether the ** * designed to remove toxic metal Chemical Manufacturing Industry recovered oil exclusion applies to oil and organic contaminants * * *.’’ 59 (SOCMI) Units recovered from wastewater treatment FR at 38542 (July 28, 1994). The The recovered oil rule, as corrected by systems that service both petrochemical preamble then incorrectly stated that today’s document, provides an and petroleum refining operations, EPA this means that insertion had to be exclusion from RCRA regulation for oil provides the following clarification. ‘‘prior to crude distillation or catalytic that is recovered from ‘‘normal’’ The Agency’s intent in crafting the cracking.’’ Id. As noted above, this is petroleum refinery operations and recovered oil exclusion was to limit its factually incorrect. The refining process inserted prior to points in the petroleum applicability to oil recovered from removes contaminants at a number of refining process, other than direct petroleum industry sources for reasons points after distillation and catalytic insertion into a coker, where explained in the preamble to the cracking, an example being in contaminant removal occurs recovered oil rule. 51 FR 38539. fractionation units located downstream (§ 261.4(a)(12)). Under this provision, Accordingly, the exclusion specifically of catalytic crackers. See letter from oil recovered from a petroleum does not apply to oil generated from Ralph Colleli, Esq. to Ross Elliott, April refinery’s wastewater treatment system non-petroleum industry operations. The Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13105 exclusion does, however, apply broadly EPA’s position that recycling of from the State to the appropriate to recovered oil generated from both on- secondary materials (on- or off-site) may Regional office, certifying that it has and off-site sources within the involve an element of discard and may adopted provisions equivalent to and no petroleum industry (e.g., the exclusion therefore be subject to regulation under less stringent than today’s final rule (see applies to recovered oil from petroleum RCRA subtitle C; and (2) make clear that the December 19, 1994, memorandum exploration and production activities). It the scope of the recovered oil rule is from Michael Shapiro, Director of the is EPA’s position that, in cases where limited to determining the Agency’s Office of Solid Waste, to the EPA petrochemical and petroleum refining jurisdiction only over recycling that Regional Division Directors that is in the operations are co-located and share a occurs within the petroleum refining docket for today’s rule). The State common wastewater treatment system, industry. should also submit a copy of its final the petrochemical operations are IV. State Authority rule or other authorizing authority. appropriately considered part of normal Revisions to the revised Program petroleum refining for purposes of the Under Section 3006 of RCRA, EPA Description, Memorandum of recovered oil exclusion. In these may authorize qualified States to Agreement, and Attorney General’s situations, given the common administer and enforce the RCRA statement are not necessary (see 40 CFR wastewater treatment system and the program within the State. Following 271.21(b)(1)). EPA expects that this predominance of petroleum refining authorization, EPA retains enforcement simplified process will expedite the wastewater, the integration between the authority under Sections 3008, 3013, review of the authorization submittal for two facilities is such that the and 7003 of RCRA, although authorized this rule. petrochemical facility falls within scope States have primary enforcement of the exclusion. The recovered oil responsibility. The standards and V. 60–Day Effective Date exclusion therefore applies to oil requirements for authorization are Because the regulatory community recovered from a wastewater treatment found in 40 CFR Part 271. does not need 6 months to come into system that a refinery shares with a co- Today’s amendments are not imposed compliance with this rule, EPA finds, located petrochemical facility. The pursuant to the Hazardous and Solid pursuant to RCRA section 3010(b)(1), exclusion does not, however, apply to Waste Amendments of 1984 (HSWA). that this rule can be made effective in recovered oil from a petrochemical The rule changes, therefore, will become less than six months. facility that is sent to a petroleum effective immediately only in those refinery for recycling via any route other States without interim or final VI. Regulatory Requirements than a shared wastewater treatment authorization, not in authorized States. A. Executive Order 12866 system (e.g., via truck, rail, etc). The effect of the rule changes on However, in a separate document authorized State programs is discussed Under Executive Order 12866 (58 FR published in the Federal Register on next. 51735, October 4, 1993), the Agency November 20, 1995 (60 FR 57747), EPA Today’s direct final rule eliminates a must determine whether this regulatory is proposing to expand the exclusion to factual error, an error that action is ‘‘significant’’ and therefore cover recovered oil that is sent from inappropriately restricts the location in subject to OMB review and the petrochemical facilities to co-located or the refining process at which recovered requirements of the Executive Order. commonly owned refineries for oil can be inserted for the legitimate The Order defines ‘‘significant’’ recycling by other means of transport. recycling of the recovered oil. Therefore, regulatory action as one that is likely to today’s rule restores the Agency’s lead to a rule that may: C. Recycling of Secondary Materials intended result to exclude from the (1) have an annual effect on the Between Industries definition of solid waste, and RCRA economy of $100 million or more, or With the above exceptions, the Subtitle C authority, recovered oil that adversely and materially affect a sector recovered oil exclusion does not extend is inserted into a petroleum refining of the economy, productivity, to recovered oil from non-petroleum process at a point at which the process competition, jobs, the environment, industries. As explained in the removes or will remove at least some public health or safety, or State, local, preamble to the July 28, 1994 rule, contaminants. The effect of today’s or tribal governments or communities; ‘‘such an extension is beyond the scope direct final rule is therefore considered (2) create a serious inconsistency or of the recovered oil rule. It is also to be less stringent than the existing otherwise interfere with an action taken beyond the scope of judicial decisions federal standards. Authorized States are or planned by another agency; construing the definition of solid waste’’ only required to modify their programs (3) materially alter the budgetary which indicated that, ‘‘when one when EPA promulgates federal impact of entitlement, grants, user fees, industry sends its residual materials to regulations that are more stringent or or loan programs or the rights and another industry for recycling, the broader in scope than the existing obligations of recipients thereof; or initial industry can be considered to federal regulations. Therefore, States (4) raise novel legal or policy issues have discarded them.’’ (emphasis that are authorized for the July 28, 1994 arising out of legal mandates, the added) 59 FR 38,539, July 28, 1994. EPA rule are not required to modify their President’s priorities, or the principles wishes to clarify that this preamble programs to adopt today’s rule. set forth in the Executive Order. discussion was not intended to modify However, EPA strongly urges States to It has been determined that this in any way the pre-existing state of law do so. EPA’s authorization guidance to amendment to the final rule is not a regarding EPA’s regulatory jurisdiction States will link the July 28, 1994 rule ‘‘significant regulatory action’’ under over recycling. More specifically, EPA and today’s final amendments. the terms of the Executive Order and is wishes to make clear that this Given the minor scope of today’s therefore not subject to OMB review. discussion was not meant to imply that amendment, those States that are all secondary materials that are sent off- authorized for the July 28, 1994 rule B. Regulatory Flexibility Act site for recycling must be considered to may submit an abbreviated The Regulatory Flexibility Act, 5 be discarded materials in all situations. authorization revision application to the U.S.C. 601–602, requires that Federal Rather, the intent of this discussion was Region for today’s amendment. This agencies examine the impacts of their merely to: (1) explain the court’s and application should consist of a letter regulations on ‘‘small entities’’. If a 13106 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations rulemaking will have a significant provide for notifying potentially that the oil must not be stored in a impact on a substantial number of small affected small governments, giving them manner involving placement on the entities, agencies must consider meaningful and timely input in the land, and must not be accumulated regulatory alternatives that minimize development of EPA regulatory speculatively, before being so recycled. economic impact. proposals with significant Federal Recovered oil is oil that has been EPA believes that this amendment intergovernmental mandates, and reclaimed from secondary materials will have negligible impact on any small informing, educating, and advising them (such as wastewater) generated from entity because it expands the terms of on compliance with the regulatory normal petroleum refining, exploration an exclusion from regulation. In requirements. and production, and transportation addition, the underlying rule itself was Today’s rule contains no Federal practices. Recovered oil includes oil deregulatory and so did not have mandates (under the regulatory that is recovered from refinery significant adverse economic impact on provisions of Title II of the UMRA) for wastewater collection and treatment small entities. See 59 FR 38545. State, local, or tribal governments or the systems, oil recovered from oil and gas Therefore, the Administrator certifies private sector because it imposes no drilling operations, and oil recovered pursuant to 5 U.S.C. 601 et seq., that enforceable duties on any of these from wastes removed from crude oil this rule will not have a significant governmental entities or the private storage tanks. Recovered oil does not impact on a substantial number of small sector. The rule merely corrects a factual include (among other things) oil-bearing entities because this amendment error in the regulatory text of the hazardous waste listed in 40 CFR part reduces the scope of the RCRA subtitle regulatory definition of solid waste. In 261 D (e.g., K048–K052, F037, F038). C regulatory program. any event, EPA has determined that this However, oil recovered from such C. Paperwork Reduction Act rule does not include a Federal mandate wastes may be considered recovered oil. that may result in estimated costs of Recovered oil also does not include Under the Paperwork Reduction Act, $100 million or more to either State, used oil as defined in 40 CFR 279.1. 44 U.S.C. 3501 et seq., EPA must local, or tribal governments in the consider the paperwork burden imposed * * * * * aggregate, or to the private sector in any by any information collection request in [FR Doc. 96–7275 Filed 3–25–96; 8:45 am] one year. Thus, today’s rule is not a proposed or final rule. This rule will BILLING CODE 6560±50±P subject to the requirements of sections not impose any new information 202 and 205 of the UMRA. Similarly, collection requirements. EPA has determined that this rule D. Unfunded Mandates Reform Act contains no regulatory requirements that DEPARTMENT OF DEFENSE Title II of the Unfunded Mandates might significantly or uniquely affect Reform Act of 1995 (UMRA), P.L. 104– small governments. 48 CFR Parts 225 and 252 4, establishes requirements for Federal List of Subjects in 40 CFR Part 261 agencies to assess the effects of their Defense Federal Acquisition regulatory actions on State, local, and Environmental protection, Hazardous Regulation Supplement; Naval Vessel tribal governments and the private waste, Solid waste, Petroleum, Components Recycling. sector. Under section 202 of the UMRA, AGENCY: Department of Defense (DoD). EPA generally must prepare a written Dated: March 19, 1996. statement, including a cost-benefit Carol M. Browner, ACTION: Interim rule with request for analysis, for proposed and final rules Administrator. comment. with ‘‘Federal mandates’’ that may For the reasons set out in the SUMMARY: The Director of Defense result in expenditures to State, local, preamble, chapter I of title 40 of the and tribal governments, in the aggregate, Procurement has issued an interim rule Code of Federal Regulations is amended amending the Defense Federal or to the private sector, of $100 million as follows: or more in any one year. When a written Acquisition Regulation Supplement statement is needed for an EPA rule, PART 261ÐIDENTIFICATION AND (DFARS) to implement additional section 205 of the UMRA generally LISTING OF HAZARDOUS WASTE statutory restrictions on the acquisition requires EPA to identify and consider a of anchor and mooring chain and totally reasonable number of regulatory 1. The authority citation for part 261 enclosed lifeboats, when used as naval alternatives and adopt the least costly, continues to read as follows: vessel components. most cost-effective or least burdensome Authority: 42 U.S.C. 6905, 6912 (a), 6921, DATES: Effective date: April 1, 1996. alternative that achieves the objectives 6922 and 6938. Comment date: Comments on the of the rule. The provisions of section 2. Section 261.4 is amended by interim rule should be submitted in 205 do not apply when they are revising paragraph (a)(12) to read as writing to the address shown below on inconsistent with applicable law. follows: or before May 28, 1996, to be considered Moreover, section 205 allows EPA to in the formulation of the final rule. adopt an alternative other than the least § 261.4 Exclusions. ADDRESSES: costly, most cost-effective or least (a) * * * Interested parties should burdensome alternative if the (12) Recovered oil from petroleum submit written comments to: Defense Administrator publishes with the final refining, exploration and production, Acquisition Regulations Council, Attn: rule an explanation why that alternative and from transportation incident Ms. Amy Williams, PDUSD (A&T) DP was not adopted. Before EPA establishes thereto, which is to be inserted into the (DAR), IMD 3D139, 3062 Defense any regulatory requirements that may petroleum refining process (SIC Code Pentagon, Washington, DC 20301–3062. significantly or uniquely affect small 2911) at or before a point (other than Telefax number (703) 602–0350. Please governments, including tribal direct insertion into a coker) where cite DFARS Case 96–D300 in all governments, it must have developed contaminants are removed. This correspondence related to this issue. under section 203 of the UMRA a small exclusion applies to recovered oil stored FOR FURTHER INFORMATION CONTACT: government agency plan. The plan must or transported prior to insertion, except Ms. Amy Williams, (703) 602–0131 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13107

SUPPLEMENTARY INFORMATION: 1. The authority citation for 48 CFR (2) Requiring welded shipboard A. Background Parts 225 and 252 continues to read as anchor or mooring chain of four inches follows: in diameter or less. This interim DFARS rule implements Authority: 41 U.S.C. 421 and 48 CFR 225.7012±4 [Removed] Section 806, paragraph (a), of the Fiscal Chapter 1. Year 1996 Defense Authorization Act 3. Section 225.7012–4 is removed. (Pub. L. 104–106), amending the PART 225ÐFOREIGN ACQUISITION 4. Sections 225.7022, 225.7002–1, and restriction on anchor and mooring chain 225.7022–2 are revised to read as 2. Sections 225.7012, 225.7012–1, at 225.7012 and the restriction on totally follows: 225.7012–2, and 225.7012–3 are revised enclosed lifeboat survival systems at to read as follows: 225.7002 Restrictions on totally enclosed 225.7022. The interim rule also removes lifeboat survival systems. outdated restrictions relating to anchor 225.7012 Restrictions on anchor and and mooring chain for fiscal years 1988 mooring chain. 225.7022±1 Restrictions. through 1990, at DFARS 225.7012–2, 225.7012±1 Restrictions. (a) In accordance with Section 8124 of 225.7012–3, 225.7012–4(b) and (c), the Fiscal Year 1994 Defense (a) Under Public Law 101–511, 252.225–7020, and 252.225–7021. Appropriations Act (Public Law 103– Section 8041, and similar sections in 139) and Section 8093 of the Fiscal Year B. Regulatory Flexibility Act subsequent Defense appropriations acts, 1995 Defense Appropriations Act DoD appropriations for fiscal years 1991 This interim rule is not expected to (Public Law 103–335), do not purchase and after may not be used to acquire have a significant economic impact on a totally enclosed lifeboat survival welded shipboard anchor and mooring a substantial number of small entities system, which consists of the lifeboat chain, four inches in diameter and within the meaning of the Regulatory and associated davits and winches, under, unless— Flexibility Act, 5 U.S.C. 602, et seq., unless 50 percent or more of the (1) It is manufactured in the United because the foreign source restrictions components are manufactured in the States, including cutting, heat treating, contained in the rule are not United States, and 50 percent or more quality control, testing, and welding significantly different from existing of the labor in the final manufacture and (both forging and shot blasting process); foreign source restrictions. An Initial assembly of the entire system is and Regulatory Flexibility Analysis has performed in the United States. therefore not been prepared. Comments (2) The cost of the components manufactured in the United States (b) In accordance with 10 U.S.C. from small entities concerning the 2534(a)(3)(B), do not purchase a totally affected DFARS subparts will be exceeds 50 percent of the total cost of components. enclosed lifeboat which is a component considered in accordance with Section of a naval vessel, unless it is 610 of the Act. Such comments must be (b) Acquisition of welded shipboard anchor and mooring chain, four inches manufactured in the United States or submitted separately and cite DFARS Canada. In accordance with 10 U.S.C. Case 96–d300 in correspondence. in diameter and under, when used as a component of a naval vessel, is also 2534(h), this restriction may not be C. Paperwork Reduction Act restricted under 10 U.S.C. 2534(a)(3)(ii). implemented through the use of a However, the more stringent restriction contract clause or certification. The Paperwork Reduction Act does under 225.7012–1(a) takes precedence. Implementation shall be effected not apply. This interim rule does not through management and oversight impose any new information collection 225.7012±2 Waiver. techniques that achieve the objective of requirements which require the The restriction in 225.7012–1(a) may the restriction without imposing a approval of OMB under 44 U.S.C. 3501, be waived by the Secretary of the significant management burden on the et seq. Department responsible for acquisition, Government or the contractor involved. on a case-by-case basis, where sufficient D. Determination To Issue an Interim 225.7022±2 Exceptions. Rule domestic suppliers are not available to meet DoD requirements on a timely The restriction in 225.7022–1(b) does A determination has been made under basis and the acquisition is necessary to not apply if— the authority of the Secretary of Defense acquire capability for national security (a) The acquisition is at or below the that compelling reasons exist to publish purposes. simplified acquisition threshold; or this interim rule prior to affording the (a) Document the waive in a written (b) Spare or repair parts are needed to public an opportunity to comment. This D&F containing— support totally enclosed lifeboats action is necessary to promptly (1) The factors supporting the waiver; manufactured outside the United States implement Section 806, paragraph (a), and or Canada. of the Fiscal Year 1996 Defense (2) A certification that the acquisition 5. Sections 225.7022–3 and 225.7022– Authorization Act (Pub. L. 104–106). must be made in order to acquire 4 are added to read as follows: Comments received in response to the capability for national security publication of this interim rule will be purposes. 225.7022±3 Waiver. considered in formulating the final rule. (b) Provide a copy of the D&F to the The waiver criteria at 225.7004–4 apply only to the restriction of List of Subjects in 48 CFR Parts 225 and House and Senate Committees on 225.7022–1(b). 252 Appropriations. 225.7012±3 Contract clauses. 225.7022±4 Contract clause. Government procurement. Michele P. Peterson, Use the clause at 252.225–7019, Use the clause at 252.225–7039, Restriction on Acquisition of Foreign Restriction on Acquisition of Totally Executive Editor, Defense Acquisition Regulations Council. Anchor and Mooring Chain, in all Enclosed Lifeboat Survival Systems, in solicitations and contracts— all solicitations and contracts which Therefore, 48 CFR Parts 225 and 252 (1) Using fiscal year 1991 or later require delivery of totally enclosed are amended as follows: funds; and lifeboat survival systems. 13108 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

PART 252ÐSOLICITATION ‘‘Caution’’ on the sun visor label. This under E.O. 12866, ‘‘Regulatory Planning PROVISIONS AND CONTRACTS notice corrects that error. and Review.’’ This document is part of CLAUSES DATES: Effective Date: The amendments an action that was determined to be not made in this rule are effective March 26, ‘‘significant’’ under the Department of 252.225±7019 [Amended] 1966. Transportation’s regulatory policies and 6. Section 252.225–7019 is amended Petition Date: Any petitions for procedures. This notice does not impose in the introductory text by revising the reconsideration must be received by any new requirements on citation ‘‘225.7012–4(a)’’ to read NHTSA no later than April 25, 1996. manufacturers. It simply corrects an ‘‘225.7012–3’’. ADDRESSES: Any petitions for error. 225.225±7020 and 252.7021 [Removed and reconsideration should refer to the Regulatory Flexibility Act reserved] docket and notice number of this notice 7. Sections 252.225–7020 and and be submitted to: Administrator, NHTSA has also considered the 252.225–7021 are removed and National Highway Traffic Safety impacts of this final rule under the reserved. Administration, 400 Seventh Street, Regulatory Flexibility Act. I hereby 8. Section 252.225–7039 is amended SW., Washington, DC 20590. certify that this rule will not have a by revising the introductory text, the FOR FURTHER INFORMATION CONTACT: Ms. significant economic impact on a clause date, and the introductory text of Mary Versailles, Office of the Chief substantial number of small entities. the clause to read as follows: Counsel, NCC–20, National Highway Further, this final rule will not alter the Traffic Safety Administration, 400 economic impacts of the May 1995 final 252.225±7039 Restriction on acquisition of Seventh Street, SW., Washington, DC rule. As explained above, this rule will Totally Enclosed Lifeboat Survival Systems. 20590; telephone (202) 366–2992; not have an economic impact on any As prescribed in 225.7022–4, use the facsimile (202) 366–3820; electronic manufacturers. following clause: mail ‘‘[email protected]’’. Paperwork Reduction Act RESTRICTION ON ACQUISITION OF SUPPLEMENTARY INFORMATION: On May TOTALLY ENCLOSED LIFEBOAT 23, 1995, NHTSA published a final rule In accordance with the Paperwork SURVIVAL SYSTEMS (APR 1996) amending 49 CFR 571.208 to allow Reduction Act of 1980 (P.L. 96–511), For totally enclosed lifeboat survival manufacturers the option of installing a there are no requirements for systems furnished under this contract, which manual device that motorists could use information collection associated with consist of lifeboat and associated davits and this final rule. winches, the Contractor agrees that— to deactivate the front passenger-side air bag in vehicles in which infant National Environmental Policy Act * * * * * restraints can be used in the front seat [FR Doc. 96–7218 Filed 3–25–96; 8:45 am] only. As part of this final rule, NHTSA NHTSA has also analyzed this final BILLING CODE 5000±04±M amended the air bag warning label rule under the National Environmental required on vehicle sun visors to specify Policy Act and determined that it will that the caution against installing a rear- not have a significant impact on the DEPARTMENT OF TRANSPORTATION facing infant seat in a front seating human environment. position did not apply if the air bag Executive Order 12612 (Federalism) National Highway Traffic Safety were off. The amendments were Administration effective June 22, 1995. Due to an error, NHTSA has analyzed this rule in the regulatory language of the final rule accordance with the principles and 49 CFR Part 571 deleted language incorporating the criteria contained in E.O. 12612, and [Docket No. 74±14; Notice 98] provision in S5.4.1(b)(1) that permits has determined that this rule will not the use of the signal word ‘‘Warning,’’ have significant federalism implications RIN 2127±AF30 in place of the word ‘‘Caution,’’ on the to warrant the preparation of a sun visor label. This notice corrects that Federalism Assessment. Federal Motor Vehicle Safety error. Standards; Occupant Crash Protection NHTSA finds for good cause that this Civil Justice Reform final rule can be made effective AGENCY: National Highway Traffic This final rule does not have any immediately. The stated purpose of the Safety Administration (NHTSA), DOT. retroactive effect. Under 49 U.S.C. May 23, 1995, final rule was to affect 30103, whenever a Federal motor ACTION: Final Rule, correcting only the cautionary statement amendment. vehicle safety standard is in effect, a concerning placement of a rear-facing State may not adopt or maintain a safety SUMMARY: On May 23, 1995, NHTSA infant seat in a front seating position, standard applicable to the same aspect published a final rule allowing and not any other part of the label. This of performance which is not identical to manufacturers the option of installing a notice corrects an error which resulted the Federal standard, except to the manual device that motorists could use in the unintentional amending of the extent that the State requirement to deactivate the front passenger-side air options for the choice of the signal word imposes a higher level of performance bag in vehicles in which infant to be used at the beginning of the label. and applies only to vehicles procured restraints can be used in the front seat Rulemaking Analyses and Notices for the State’s use. 49 U.S.C. 30161 sets only. As part of this final rule, NHTSA forth a procedure for judicial review of amended the air bag warning label Executive Order 12866 and DOT final rules establishing, amending or required on vehicle sun visors. The Regulatory Policies and Procedures revoking Federal motor vehicle safety amendments were effective June 22, NHTSA has considered the impact of standards. That section does not require 1995. Due to an error, the regulatory this rulemaking action under E.O. 12866 submission of a petition for language of the final rule deleted an and the Department of Transportation’s reconsideration or other administrative option to use the signal word regulatory policies and procedures. This proceedings before parties may file suit ‘‘Warning’’ in place of the word rulemaking document was not reviewed in court. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13109

List of Subjects in 49 CFR Part 571 restraint shall have a label permanently yellowfin sole fishery category in Zone Imports, Motor vehicle safety, Motor affixed to the sun visor for such seating 1. vehicles. position on either side of the sun visor, EFFECTIVE DATE: 12 noon, Alaska local at the manufacturer’s option. Except as In consideration of the foregoing, 49 time (A.l.t.), March 20, 1996, until 12 provided in S5.4.1(b)(1), this label shall CFR Part 571 is amended as follows: noon, A.l.t., April 1, 1996. read: FOR FURTHER INFORMATION CONTACT: PART 571ÐFEDERAL MOTOR CAUTION Andrew N. Smoker, 907–586-7228. VEHICLE SAFETY STANDARDS TO AVOID SERIOUS INJURY: SUPPLEMENTARY INFORMATION: The 1. The authority citation for Part 571 For maximum safety protection in all types groundfish fishery in the BSAI exclusive of Title 49 continues to read as follows: of crashes, you must always wear your safety economic zone is managed by NMFS belt. according to the Fishery Management Authority: 49 U.S.C. 322, 30111, 30115, Do not install rearward-facing child seats 30117, and 30166; delegation of authority at in any front passenger seat position, unless Plan for the Groundfish Fishery of the 49 CFR 1.50. the air bag is off. Bering Sea and Aleutian Islands Area 2. Section 571.208 is amended by Do not sit or lean unnecessarily close to the (FMP) prepared by the North Pacific revising section S4.5.1(b)(1) to read as air bag. Fishery Management Council under follows: Do not place any objects over the air bag authority of the Magnuson Fishery or between the air bag and yourself. Conservation and Management Act. § 571.208 Standard No. 208, Occupant See the owner’s manual for further Fishing by U.S. vessels is governed by Crash Protection information and explanations. regulations implementing the FMP at 50 * * * * * * * * * * CFR parts 620 and 675. S4.5.1 Labeling and owner’s manual Issued on: March 18, 1996. The 1996 PSC allowance of C. bairdi information. Barry Felrice, Tanner crab in Zone 1 for the trawl * * * * * Associate Administrator for Safety yellowfin sole fishery category, which is (b) Label on sun visor above front Performance Standards. defined at § 675.21(b)(1)(iii)(B)(1), was outboard seating positions equipped [FR Doc. 96–6965 Filed 3–25–96; 8:45 am] established by the Final 1996 Harvest with inflatable restraint. BILLING CODE 4910±59±P Specifications of Groundfish (61 FR (1) Each vehicle manufactured on or 4311, February 5, 1996) as 250,000 crab. after September 1, 1994, shall comply The first seasonal bycatch with either S4.5.1(b)(1)(i) or DEPARTMENT OF COMMERCE apportionment of that allowance is S4.5.1(b)(1)(ii), except that the word 50,000 crab. ‘‘WARNING’’ may be used instead of National Oceanic and Atmospheric The Director, Alaska Region, NMFS, ‘‘CAUTION’’. Administration has determined, in accordance with (i) Each front outboard seating § 675.21(c)(1)(i), that the first seasonal 50 CFR Part 675 position that provides an inflatable apportionment of the PSC allowance of restraint shall have a label permanently [Docket No. 960129019±6019±01; I.D. C. bairdi Tanner crab for the trawl affixed to the sun visor for such seating 032096A] yellowfin sole fishery in Zone 1 has position on either side of the sun visor, been reached. Therefore, NMFS is at the manufacturer’s option. Except as Groundfish of the Bering Sea and prohibiting directed fishing for provided in S5.4.1(b)(1) and Aleutian Islands Area; Yellowfin Sole yellowfin sole by vessels using trawl S4.5.1(b)(3), this label shall read: by Vessels Using Trawl Gear in gear in Zone 1 of the BSAI. Bycatch Limitation Zone 1 CAUTION Maximum retainable bycatch amounts TO AVOID SERIOUS INJURY: AGENCY: National Marine Fisheries for applicable gear types may be found in the regulations at § 675.20(h). For maximum safety protection in all types Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), of crashes, you must always wear your safety Classification belt. Commerce. Do not install rearward-facing child seats ACTION: Closure. This action is taken under § 675.21 in any front passenger seat position. and is exempt from review under E.O. Do not sit or lean unnecessarily close to the SUMMARY: NMFS is closing the directed 12866. air bag. fishery for yellowfin sole by vessels Authority: 16 U.S.C. 1801 et seq. Do not place any objects over the air bag using trawl gear in Bycatch Limitation or between the air bag and yourself. Zone 1 (Zone 1) of the Bering Sea and Dated: March 20, 1996. See the owner’s manual for further Aleutian Islands management area Richard W. Surdi, information and explanations. (BSAI). This action is necessary to Acting Director, Office of Fisheries (ii) If the vehicle is equipped with a prevent exceeding the first seasonal Conservation and Management, National cutoff device permitted by S4.5.4 of this apportionment of the prohibited species Marine Fisheries Service. standard, each front outboard seating catch (PSC) allowance of C. bairdi [FR Doc. 96–7182 Filed 3–20–96; 3:57 pm] position that provides an inflatable Tanner crab apportioned to the trawl BILLING CODE 3510±22±F 13110

Proposed Rules Federal Register Vol. 61, No. 59

Tuesday, March 26, 1996

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: updated lifing analyses that revealed contains notices to the public of the proposed Robert J. Ganley, Aerospace Engineer, certain high pressure turbine rotor issuance of rules and regulations. The Engine Certification Office, FAA, Engine (HPTR) front shafts, HPTR front air purpose of these notices is to give interested and Propeller Directorate, 12 New seals, HPTR disks, booster spools, and persons an opportunity to participate in the England Executive Park, Burlington, MA low pressure turbine rotor (LPTR) stage rule making prior to the adoption of the final rules. 01803–5299; telephone (617) 238–7138, 3 disks have minimum calculated low fax (617) 238–7199. cycle fatigue (LCF) lives which are lower than published LCF retirement SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION lives. These reduced LCF lives are due Comments Invited to changes in component operating Federal Aviation Administration Interested persons are invited to environments, which are associated participate in the making of the with the incorporation of the takeoff 14 CFR Part 39 proposed rule by submitting such mach bump in the analysis. This written data, views, or arguments as condition, if not corrected, could result [Docket No. 95±ANE±64] they may desire. Communications in an LCF failure of the HPTR front should identify the Rules Docket shaft, HPTR front air seal, HPTR disk, Airworthiness Directives; CFM number and be submitted in triplicate to booster spool, and LPTR stage 3 disk, International CFM56±5C Series the address specified above. All which could result in an uncontained Turbofan Engines communications received on or before engine failure and damage to the the closing date for comments, specified aircraft.. AGENCY: Federal Aviation Since an unsafe condition has been Administration, DOT. above, will be considered before taking action on the proposed rule. The identified that is likely to exist or ACTION: Notice of proposed rulemaking proposals contained in this notice may develop on other products of this same (NPRM). be changed in light of the comments type design, the proposed AD would require a reduction of the LCF SUMMARY: This document proposes the received. Comments are specifically invited on retirement lives for certain HPTR front adoption of a new airworthiness shafts, HPTR front air seals, HPTR disks, directive (AD) that is applicable to CFM the overall regulatory, economic, environmental, and energy aspects of booster spools, and LPTR stage 3 disks. International (CFMI) CFM56–5C2/G, There are approximately 10 engines of –5C3/G, and –5C4 series turbofan the proposed rule. All comments submitted will be available, both before the affected design in the worldwide engines. This proposal would require a fleet. The manufacturer has advised the reduction of the low cycle fatigue (LCF) and after the closing date for comments, in the Rules Docket for examination by FAA that there are no engines installed retirement lives for certain high on U.S. registered aircraft that would be pressure turbine rotor (HPTR) front interested persons. A report summarizing each FAA-public contact affected by this AD. Therefore, there is shafts, HPTR front air seals, HPTR disks, no associated cost impact on U.S. booster spools, and low pressure turbine concerned with the substance of this proposal will be filed in the Rules operators as a result of this AD. rotor (LPTR) stage 3 disks. This proposal However, should an affected engine be is prompted by the results of a refined Docket. Commenters wishing the FAA to imported on an aircraft and placed on life analysis performed by the the U.S. registry in the future, it would manufacturer which revealed minimum acknowledge receipt of their comments submitted in response to this notice not take any additional work hours per calculated LCF lives lower than engine to accomplish the proposed published LCF retirement lives. The must submit a self-addressed, stamped postcard on which the following actions. Assuming that the parts cost is actions specified by the proposed AD proportional to the reduction of the LCF are intended to prevent an LCF failure statement is made: ‘‘Comments to Docket Number 95–ANE–64.’’ The retirement lives, the required parts of the HPTR front shaft, HPTR front air would cost approximately $25,736 per seal, HPTR disk, booster spool, and postcard will be date stamped and returned to the commenter. engine. Based on these figures, the total LPTR stage 3 disk, which could result cost impact of the AD is estimated to be in an uncontained engine failure and Availability of NPRMs $25,736 per engine. damage to the aircraft. Any person may obtain a copy of this The regulations proposed herein DATES: Comments must be received by NPRM by submitting a request to the would not have substantial direct effects May 28, 1996. FAA, New England Region, Office of the on the States, on the relationship ADDRESSES: Submit comments in Assistant Chief Counsel, Attention: between the national government and triplicate to the Federal Aviation Rules Docket No. 95–ANE–64, 12 New the States, or on the distribution of Administration (FAA), New England England Executive Park, Burlington, MA power and responsibilities among the Region, Office of the Assistant Chief 01803–5299. various levels of government. Therefore, Counsel, Attention: Rules Docket No. in accordance with Executive Order 95– ANE–64, 12 New England Executive Discussion 12612, it is determined that this Park, Burlington, MA 01803–5299. This proposed airworthiness directive proposal would not have sufficient Comments may be inspected at this (AD) is applicable to CFM International federalism implications to warrant the location between 8:00 a.m. and 4:30 (CFMI) CFM56–5C2/G, –5C3/G, and preparation of a Federalism Assessment. p.m., Monday through Friday, except –5C4 series turbofan engines. The For the reasons discussed above, I Federal holidays. manufacturer performed a study using certify that this proposed regulation (1) Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13111 is not a ‘‘significant regulatory action’’ front shaft, HPTR front air seal, HPTR disk, ACTION: Notice of proposed rulemaking under Executive Order 12866; (2) is not booster spool, and low pressure turbine rotor (NPRM). a ‘‘significant rule’’ under the DOT (LPTR) stage 3 disk, which could result in an Regulatory Policies and Procedures (44 uncontained engine failure and damage to SUMMARY: This document proposes the FR 11034, February 26, 1979); and (3) if the aircraft, accomplish the following: adoption of a new airworthiness (a) Remove from service HPTR front shafts, promulgated, will not have a significant Part Numbers (P/N’s) 1498M40P03, directive (AD) that is applicable to economic impact, positive or negative, 1498M40P05, and 1498M40P06, prior to AlliedSignal, Inc. (formerly Textron on a substantial number of small entities accumulating 8,400 cycles since new (CSN), Lycoming) AL5512 series turboshaft under the criteria of the Regulatory and replace with a serviceable part. engines. This proposal would require a Flexibility Act. A copy of the draft (b) Remove from service HPTR front air one-time eddy current inspection of the regulatory evaluation prepared for this seals, P/N’s 1523M34P02 and 1523M34P03, second stage turbine disk, reduced action is contained in the Rules Docket. prior to accumulating 4,000 CSN, and replace service lives for the second, third, and A copy of it may be obtained by with a serviceable part. fourth stage turbine disks, reduced contacting the Rules Docket at the (c) Remove from service HPTR disks, P/N service lives for the first and third 1498M43P04, prior to accumulating 6,200 location provided under the caption CSN, and replace with a serviceable part. through seventh stage compressor rotor ADDRESSES. (d) Remove from service booster spools, P/ disks, and a reduced service life for the gas producer turbine spacer. This List of Subjects in 14 CFR Part 39 N 337–005–210–0, prior to accumulating 13,800 CSN, and replace with a serviceable proposal would also require a new, Air transportation, Aircraft, Aviation part. more conservative minor cycle counting safety, Safety. (e) Remove from service LPTR stage 3 factors table for repetitive heavy lift disks, P/N’s 337–001–602–0 and 337–001– The Proposed Amendment operations, and provides a method for 605–0, prior to accumulating 8,630 CSN, and prorating past utilization for all gas Accordingly, pursuant to the replace with a serviceable part. producer and compressor components (f) This action establishes the new LCF authority delegated to me by the based on the new cycle counting factors. Administrator, the Federal Aviation retirement lives stated in paragraphs (a) through (e) of this AD, which are published For those components that exceed their Administration proposes to amend part new published life limits, this proposal 39 of the Federal Aviation Regulations in Chapter 05 of the CFM56 Engine Shop Manual, CFMI–TP.SM.8. would implement a drawdown for safe (14 CFR part 39) as follows: (g) For the purpose of this AD, a removal of time-expired components. ‘‘serviceable part’’ is one that has not This proposal is prompted by reports of PART 39ÐAIRWORTHINESS exceeded its respective new life limit as set DIRECTIVES cracks in certain AlliedSignal, Inc. out in this AD. ALF502R series turbofan engine disks, 1. The authority citation for part 39 (h) An alternative method of compliance or which are identical in design and continues to read as follows: adjustment of the compliance time that provides an acceptable level of safety may be construction to those within the Authority: 49 U.S.C. 106(g), 40113, 44701. used if approved by the Manager, Engine AlliedSignal, Inc. AL5512 series Certification Office. The request should be turboshaft engines. The actions § 39.13 [Amended] forwarded through an appropriate FAA specified by the proposed AD are 2. Section 39.13 is amended by Principal Maintenance Inspector, who may intended to prevent disk failure, which adding the following new airworthiness add comments and then send it to the could result in an uncontained engine directive: Manager, Engine Certification Office. failure, inflight shutdown, or possible Note: Information concerning the existence CFM International: Docket No. 95–ANE–64. damage to the rotorcraft. of approved alternative methods of Applicability: CFM International (CFMI) compliance with this airworthiness directive, DATES: Comments must be received by CFM56–5C2/G, –5C3/G, and –5C4 series if any, may be obtained from the Engine May 28, 1996. turbofan engines, installed on but not limited Certification Office. to Airbus A340 series aircraft. ADDRESSES: Submit comments in (i) Special flight permits may be issued in triplicate to the Federal Aviation Note: This airworthiness directive (AD) accordance with sections 21.197 and 21.199 Administration (FAA), New England applies to each engine identified in the of the Federal Aviation Regulations (14 CFR preceding applicability provision, regardless Region, Office of the Assistant Chief 21.197 and 21.199) to operate the aircraft to Counsel, Attention: Rules Docket No. of whether it has been modified, altered, or a location where the requirements of this AD repaired in the area subject to the can be accomplished. 95–ANE–01, 12 New England Executive requirements of this AD. For engines that Park, Burlington, MA 01803–5299. have been modified, altered, or repaired so Issued in Burlington, Massachusetts, on March 12, 1996. Comments may be inspected at this that the performance of the requirements of location between 8:00 a.m. and 4:30 this AD is affected, the owner/operator must Jay J. Pardee, use the authority provided in paragraph (h) p.m., Monday through Friday, except to request approval from the Federal Aviation Manager, Engine and Propeller Directorate, Federal holidays. Administration (FAA). This approval may Aircraft Certification Service. The service information referenced in address either no action, if the current [FR Doc. 96–7243 Filed 3–25–96; 8:45 am] the proposed rule may be obtained from configuration eliminates the unsafe AlliedSignal, Inc., 550 Main St., condition, or different actions necessary to BILLING CODE 4910±13±P Stratford, CT 06497–7593. This address the unsafe condition described in this AD. Such a request should include an information may be examined at the FAA, New England Region, Office of the assessment of the effect of the changed 14 CFR Part 39 configuration on the unsafe condition Assistant Chief Counsel, 12 New addressed by this AD. In no case does the [Docket No. 95±ANE±01] England Executive Park, Burlington, presence of any modification, alteration, or MA. repair remove any engine from the applicability of this AD. Airworthiness Directives; AlliedSignal, FOR FURTHER INFORMATION CONTACT: Compliance: Required as indicated, unless Inc. AL5512 Series Turboshaft Engines Daniel Kerman, Aerospace Engineer, accomplished previously. Engine Certification Office, FAA, Engine To prevent a low cycle fatigue (LCF) failure AGENCY: Federal Aviation and Propeller Directorate, 12 New of the high pressure turbine rotor (HPTR) Administration, DOT. England Executive Park, Burlington, MA 13112 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

01803–5299; telephone (617) 238–7130, several first and third through seventh based on the new cycle counting factors. fax (617) 238–7199. stage compressor rotor disks in the For those components that exceed their ALF502R engines. Subsequent analysis new published life limits, this proposal SUPPLEMENTARY INFORMATION: and testing of the current design of first would implement a drawdown for safe Comments Invited and third through seventh stage removal of time-expired components. Interested persons are invited to compressor rotor disks; second, third, The actions would be required to be participate in the making of the and fourth stage turbine disks; and the accomplished in accordance with the proposed rule by submitting such gas producer spacer have revealed a service bulletins described previously. written data, views, or arguments as lower fatigue life than originally There are approximately 33 engines of they may desire. Communications calculated. In addition, the FAA has the affected design in the worldwide should identify the Rules Docket determined the need to require a fleet. The FAA estimates that 20 engines number and be submitted in triplicate to special, one-time eddy current installed on aircraft of U.S. registry the address specified above. All inspection of the second stage turbine would be affected by this proposed AD, communications received on or before disk to discover possible bolt hole that it would take approximately 60 the closing date for comments, specified cracking. This condition, if not work hours per engine to disassemble, above, will be considered before taking corrected, could result in disk failure, assemble, and test each engine, that action on the proposed rule. The which could result in an uncontained each engine would consume $2,000 per proposals contained in this notice may engine failure, inflight shutdown, or engine of fuel and disposable hardware, be changed in light of the comments possible damage to the rotorcraft. and that the average labor rate is $60 per received. The FAA has reviewed and approved work hour. The prorated life-expired Comments are specifically invited on the technical contents of Textron components replacement cost would be the overall regulatory, economic, Lycoming Service Bulletin (SB) No. approximately $74,530 per engine. environmental, and energy aspects of AL5512–0002, Revision 5, dated Based on these figures, the cost impact the proposed rule. All comments December 16, 1993, that describes of performing the actions described in submitted will be available, both before reduced service lives for first and third Textron Lycoming SB No. AL5512– and after the closing date for comments, through seventh stage compressor rotor 0002, Revision 5, dated December 16, in the Rules Docket for examination by disks; second, third, and fourth stage 1993, is estimated to be $1,602,600. interested persons. A report turbine disks; and the gas producer In addition, the FAA also estimates summarizing each FAA-public contact spacer. In addition this SB describes that it would take approximately 16 concerned with the substance of this factors to be used for cyclic computation work hours to perform a one-time eddy proposal will be filed in the Rules of components utilized in repetitive current inspection of the second stage Docket. heavy lift (RHL) operation, and provides turbine disk. The cost impact of Commenters wishing the FAA to a method for prorating past component performing the actions described in acknowledge receipt of their comments utilization based on the new cycle Textron Lycoming SB No. AL5512– submitted in response to this notice counting factors. 0042, dated December 16, 1993, is must submit a self-addressed, stamped The FAA has also reviewed and estimated to be $19,200. Therefore, the postcard on which the following approved the technical contents of the total cost impact of the proposed AD on statement is made: ‘‘Comments to following SB’s: Textron Lycoming SB U.S. operators is estimated to be Docket Number 95–ANE–01.’’ The No. AL5512–0041, dated December 16, $1,621,800. postcard will be date stamped and 1993, and Textron Lycoming SB No. The regulations proposed herein returned to the commenter. AL5512–0046, dated April 4, 1994. would not have substantial direct effects These SB’s describe drawdown on the States, on the relationship Availability of NPRMs schedules for those components that between the national government and Any person may obtain a copy of this exceed their new life limits. the States, or on the distribution of NPRM by submitting a request to the In addition, the FAA has reviewed power and responsibilities among the FAA, New England Region, Office of the and approved the technical contents of various levels of government. Therefore, Assistant Chief Counsel, Attention: Textron Lycoming SB No. AL5512– in accordance with Executive Order Rules Docket No. 95–ANE–01, 12 New 0042, dated December 16, 1993, that 12612, it is determined that this England Executive Park, Burlington, MA describes procedures for a one-time proposal would not have sufficient 01803–5299. eddy current inspection of the second federalism implications to warrant the stage turbine disk bolt holes. preparation of a Federalism Assessment. Discussion Since an unsafe condition has been For the reasons discussed above, I The Federal Aviation Administration identified that is likely to exist or certify that this proposed regulation (1) (FAA) has received reports of cracks develop on other engines of this same is not a ‘‘significant regulatory action’’ found in certain disks returned from type design, the proposed AD would under Executive Order 12866; (2) is not service to the manufacturer and in require a one-time eddy current a ‘‘significant rule’’ under the DOT certain factory tested disks installed on inspection of the second stage turbine Regulatory Policies and Procedures (44 AlliedSignal, Inc. (formerly Textron disk, reduced service lives for the FR 11034, February 26, 1979); and (3) if Lycoming) ALF502R series turbofan second, third, and fourth stage turbine promulgated, will not have a significant engines. While no cracks have been disks, reduced service lives for the first economic impact, positive or negative, found in AlliedSignal, Inc. AL5512 and third through seventh stage on a substantial number of small entities series turboshaft engine components, compressor rotor disks, and a reduced under the criteria of the Regulatory certain disks are identical in design and service life for the gas producer turbine Flexibility Act. A copy of the draft construction to those utilized in the spacer. This proposal would also regulatory evaluation prepared for this ALF502R engine. The cracks in the require a new, more conservative minor action is contained in the Rules Docket. ALF502R engines have been found in cycle counting factors table for RHL A copy of it may be obtained by the bolt hole area of several second stage operation and provides a method for contacting the Rules Docket at the turbine disks. Cracks have also been prorating past utilization for all gas location provided under the caption discovered in the rim dovetail area of producer and compressor components ADDRESSES. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13113

List of Subjects in 14 CFR Part 39 component removal schedules defined in 14 CFR Part 39 Textron Lycoming SB No. AL5512–0041, Air transportation, Aircraft, Aviation [Docket No. 95±ANE±68] safety, Safety. dated December 16, 1993, and SB No. AL5512–0046, dated April 4, 1994, as Airworthiness Directives; AlliedSignal, The Proposed Amendment applicable. Replacement components must Inc. TSCP700±4B, ±4E, and ±5 have cyclic accumulation no greater than the Accordingly, pursuant to the Auxiliary Power Units authority delegated to me by the reduced life limits as defined in Textron Administrator, the Federal Aviation Lycoming SB AL5512–0002, Revision 5, AGENCY: Federal Aviation Administration proposes to amend part dated December 16, 1993. Administration, DOT. 39 of the Federal Aviation Regulations (d) Following implementation of the ACTION: Notice of proposed rulemaking (14 CFR part 39) as follows: revised operating cycle count methodology (NPRM). (prorate) specified in paragraph (a) of this PART 39ÐAIRWORTHINESS AD, installation of those components that SUMMARY: This document proposes the DIRECTIVES exceed their life limit on the effective date of adoption of a new airworthiness this AD is prohibited. directive (AD) that is applicable to 1. The authority citation for part 39 (e) Perform a one-time eddy current AlliedSignal, Inc. (formerly Garrett) continues to read as follows: inspection of installed second stage turbine Models TSCP700–4B, –4E, and –5 Authority: 49 USC 106(g), 40113, 44701. rotor disk, part number 2–121–058–18, bolt auxiliary power units (APU’s). This holes at the next shop visit that the disk proposal would require removal from § 39.13 [Amended] assembly is removed from the engine or service of certain high pressure turbine 2. Section 39.13 is amended by module after the effective date of this AD and (HPT) disks identified by serial number, adding the following new airworthiness after the part has accrued a minimum of and replacement with serviceable parts. directive: 5,000 cycles in service, in accordance with This proposal is prompted by the AlliedSignal, Inc.: Docket No. 95–ANE–01. the Accomplishment Instructions of Textron discovery of a material defect in certain Applicability: AlliedSignal, Inc. (formerly Lycoming SB No. AL5512–0042, dated HPT disk forgings that may result in Textron Lycoming) AL5512 series turboshaft December 16, 1993. Prior to further flight, HPT disk rupture prior to reaching the engines, installed on but not limited to remove from service disks that do not meet disk cyclic life limit. The actions Boeing Helicopter Model 234 rotorcraft. the return to service limits defined in the SB, specified by the proposed AD are Note: This AD applies to each engine and replace with serviceable parts. intended to prevent an HPT disk identified in the preceding applicability (f) Prior to installation, but after accruing rupture. provision, regardless of whether it has been a minimum of 5,000 cycles in service, DATES: Comments must be received by modified, altered, or repaired in the area perform a one-time eddy current inspection May 28, 1996. subject to the requirements of this AD. For of uninstalled second stage turbine rotor engines that have been modified, altered, or disk, part number 2–121–058–18, bolt holes ADDRESSES: Submit comments in repaired so that the performance of the in accordance with the Accomplishment triplicate to the Federal Aviation requirements of this AD is affected, the Instructions of Textron Lycoming SB No. Administration (FAA), New England owner/operator must use the authority AL5512–0042, dated December 16, 1993. Region, Office of the Assistant Chief provided in paragraph (g) to request approval Installation of disks that do not meet the Counsel, Attention: Rules Docket No. from the FAA. This approval may address 95–ANE–68, 12 New England Executive either no action, if the current configuration return to service limits defined in the SB is eliminates the unsafe condition, or different prohibited. Park, Burlington, MA 01803–5299. actions necessary to address the unsafe (g) An alternative method of compliance or Comments may be inspected at this condition described in this AD. Such a adjustment of the compliance time that location between 8:00 a.m. and 4:30 request should include an assessment of the provides an acceptable level of safety may be p.m., Monday through Friday, except effect of the changed configuration on the used if approved by the Manager, Engine Federal holidays. unsafe condition addressed by this AD. In no Certification Office. The request should be The service information referenced in case does the presence of any modification, forwarded through an appropriate FAA the proposed rule may be obtained from alteration, or repair remove any engine from Principal Maintenance Inspector, who may AlliedSignal Engines, P.O. Box 52181, the applicability of this AD. add comments and then send it to the Phoenix, AZ 85072–2181; telephone Compliance: Required as indicated, unless Manager, Engine Certification Office. (800) 338–3378, fax (602) 231–4402. accomplished previously. This information may be examined at To prevent disk failure, which could result Note: Information concerning the existence in an uncontained engine failure, inflight of approved alternative methods of the FAA, New England Region, Office of shutdown, or possible damage to the compliance with this airworthiness directive, the Assistant Chief Counsel, 12 New rotorcraft, accomplish the following: if any, may be obtained from the Engine England Executive Park, Burlington, (a) Within 30 days after the effective date Certification Office. MA. of this airworthiness directive (AD), conduct (h) Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: a revised operating cycle count (prorate) of accordance with sections 21.197 and 21.199 Robert Baitoo, Aerospace Engineer, Los all gas producer and compressor components of the Federal Aviation Regulations (14 CFR Angeles Aircraft Certification Office, in accordance with paragraph 2.D of Textron 21.197 and 21.199) to operate the aircraft to FAA, Transport Airplane Directorate, Lycoming Service Bulletin (SB) No. AL5512– 0002, Revision 5, dated December 16, 1993. a location where the requirements of this AD 3960 Paramount Blvd., Lakewood, CA (b) After the effective date of this AD, can be accomplished. 90712–4137; telephone (310) 627–5245; utilize the new, more conservative minor Issued in Burlington, Massachusetts, on fax (310) 627–5210. cycle counting methodology for repetitive March 11, 1996. SUPPLEMENTARY INFORMATION: heavy lift operation described in Textron James C. Jones, Lycoming SB No. AL5512–0002, Revision 5, Comments Invited dated December 16, 1993 Acting Manager, Engine and Propeller (c) Following implementation of the Directorate, Aircraft Certification Service. Interested persons are invited to revised operating cycle count methodology [FR Doc. 96–7244 Filed 3–25–96; 8:45 am] participate in the making of the proposed rule by submitting such (prorate) specified in paragraph (a) of this BILLING CODE 4910±13±P AD, replace those components that exceed written data, views, or arguments as their new life limits in accordance with the they may desire. Communications 13114 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules should identify the Rules Docket and replacement with serviceable parts, PART 39ÐAIRWORTHINESS number and be submitted in triplicate to prior to accumulating 7,500 CSN, or 3 DIRECTIVES the address specified above. All years after the effective date of this AD, communications received on or before whichever occurs first. The FAA 1. The authority citation for part 39 the closing date for comments, specified determined this calendar end-date based continues to read as follows: above, will be considered before taking upon the effect of the material defect on Authority: 49 USC 106(g), 40113, 44701. action on the proposed rule. The the HPT disks’ cyclic life. In addition, § 39.13 [Amended] proposals contained in this notice may the FAA considered the rate of cyclic be changed in light of the comments accumulation on disks in service. The 2. Section 39.13 is amended by received. actions would be required to be adding the following new airworthiness Comments are specifically invited on accomplished in accordance with the directive: the overall regulatory, economic, SB described previously. AlliedSignal, Inc.: Docket No. 95–ANE–68. environmental, and energy aspects of There are approximately 31 APU’s of Applicability: AlliedSignal, Inc. (formerly the proposed rule. All comments the affected design in the worldwide Garrett) Models TSCP700–4B, –4E, and –5 auxiliary power units (APU’s), with high submitted will be available, both before fleet. The FAA estimates that 20 APU’s and after the closing date for comments, pressure turbine (HPT) disks identified by installed on aircraft of U.S. registry serial number in AlliedSignal Aerospace in the Rules Docket for examination by would be affected by this proposed AD, interested persons. A report Service Bulletin (SB) No. TSCP700–49– and that no additional work hours A7168, dated November 7, 1995. These summarizing each FAA-public contact would be required if the disk is replaced APU’s are installed on, but not limited to, concerned with the substance of this during overhaul. The manufacturer has McDonnell Douglas DC–10, KC–10 (military), proposal will be filed in the Rules advised the FAA that they will supply and MD–11 series, and Airbus A300 series Docket. required parts at no charge to the aircraft. Commenters wishing the FAA to operator. The FAA has therefore Note: This airworthiness directive (AD) acknowledge receipt of their comments determined that this AD would impose applies to each APU identified in the submitted in response to this notice preceding applicability provision, regardless no additional cost on U.S. operators. must submit a self-addressed, stamped of whether it has been modified, altered, or postcard on which the following The regulations proposed herein repaired in the area subject to the statement is made: ‘‘Comments to would not have substantial direct effects requirements of this AD. For APU’s that have Docket Number 95–ANE–68.’’ The on the States, on the relationship been modified, altered, or repaired so that the postcard will be date stamped and between the national government and performance of the requirements of this AD is affected, the owner/operator must use the returned to the commenter. the States, or on the distribution of power and responsibilities among the authority provided in paragraph (d) to Availability of NPRMs request approval from the Federal Aviation various levels of government. Therefore, Administration (FAA). This approval may Any person may obtain a copy of this in accordance with Executive Order address either no action, if the current NPRM by submitting a request to the 12612, it is determined that this configuration eliminates the unsafe FAA, New England Region, Office of the proposal would not have sufficient condition, or different actions necessary to Assistant Chief Counsel, Attention: federalism implications to warrant the address the unsafe condition described in Rules Docket No. 95–ANE–68, 12 New preparation of a Federalism Assessment. this AD. Such a request should include an assessment of the effect of the changed England Executive Park, Burlington, MA For the reasons discussed above, I 01803–5299. configuration on the unsafe condition certify that this proposed regulation (1) addressed by this AD. In no case does the Discussion is not a ‘‘significant regulatory action’’ presence of any modification, alteration, or under Executive Order 12866; (2) is not The Federal Aviation Administration repair remove any APU from the a ‘‘significant rule’’ under the DOT applicability of this AD. (FAA) received a report from the Regulatory Policies and Procedures (44 manufacturer that a material defect Compliance: Required as indicated, unless FR 11034, February 26, 1979); and (3) if accomplished previously. exists in certain forgings of high promulgated, will not have a significant To prevent an HPT disk rupture, pressure turbine (HPT) disks installed economic impact, positive or negative, accomplish the following: on AlliedSignal, Inc. (formerly Garrett) on a substantial number of small entities (a) Prior to accumulating 7,500 cycles since Models TSCP700–4B, –4E, and –5 under the criteria of the Regulatory new (CSN), or 3 years after the effective date auxiliary power units (APU’s). Analysis of this AD, whichever occurs first, remove Flexibility Act. A copy of the draft indicates that HPT disks forged from from service affected HPT disks and replace regulatory evaluation prepared for this this material may rupture prior to with a serviceable part. action is contained in the Rules Docket. reaching the disk cyclic life limit of (b) The definition of a disk cycle may be A copy of it may be obtained by 30,000 cycles since new (CSN). This found in the applicable AlliedSignal, Inc. contacting the Rules Docket at the APU Component Maintenance Manual. condition, if not corrected, could result location provided under the caption (c) Auxiliary Power Unit maintenance in an HPT disk rupture. ADDRESSES. records may be used to determine if the HPT The FAA has reviewed and approved disk installed in the APU has a serial number the technical contents of AlliedSignal List of Subjects in 14 CFR Part 39 listed in AlliedSignal Aerospace SB No. Aerospace Service Bulletin (SB) No. TSCP700–49–A7168, dated November 7, TSCP700–49–A7168, dated November 7, Air transportation, Aircraft, Aviation 1995. 1995, that identifies by serial number safety, Safety. (d) An alternative method of compliance or adjustment of the compliance time that HPT disks that may have been forged The Proposed Amendment with a material defect. provides an acceptable level of safety may be Since an unsafe condition has been Accordingly, pursuant to the used if approved by the Manager, Los Angeles Aircraft Certification Office. The identified that is likely to exist or authority delegated to me by the request should be forwarded through an develop on other products of this same Administrator, the Federal Aviation appropriate FAA Principal Maintenance type design, the proposed AD would Administration proposes to amend part Inspector, who may add comments and then require removal from service of certain 39 of the Federal Aviation Regulations send it to the Manager, Los Angeles Aircraft HPT disks identified by serial number, (14 CFR part 39) as follows: Certification Office. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13115

Note: Information concerning the existence The official docket may be examined by calling (202) 267–3484. of approved alternative methods of in the Office of the Assistant Chief Communications must identify the compliance with this airworthiness directive, Counsel for the Central Region at the notice number of this NPRM. Persons if any, may be obtained from the Los Angeles same address between 9:00 a.m. and Aircraft Certification Office. interested in being placed on a mailing 3:00 p.m., Monday through Friday, list for future NPRMs should also (e) Special flight permits may be issued in except Federal holidays. request a copy of Advisory Circular No. accordance with sections 21.197 and 21.199 An informal docket may also be of the Federal Aviation Regulations (14 CFR 11–2A, which describes the procedures. examined during normal business hours 21.197 and 21.199) to operate the aircraft to The Proposal a location where the requirements of this AD in the office of the Manager, Air Traffic Operations Branch, Air Traffic Division, can be accomplished. The FAA is considering an at the address listed above. Issued in Burlington, Massachusetts, on amendment to part 71 of the Federal FOR FURTHER INFORMATION CONTACT: March 12, 1996. Aviation Regulations (14 CFR part 71) to Kathy Randolph, Air Traffic Division, James C. Jones, provide additional controlled airspace Air Traffic Operations Branch, ACE– Acting Manager, Engine and Propeller for a new Instrument Flight Rules (IFR) 530C, Federal Aviation Administration, Directorate, Aircraft Certification Service. procedure at the St. Charles Co. Smartt 601 East 12th Street, Kansas City, [FR Doc. 96–7245 Filed 3–25–96; 8:45 am] Airport, MO; Camdenton Memorial BILLING CODE 4910±13±P Missouri 64106; telephone number (816) 426–3408. Airport, MO; Monett Municipal Airport, MO; West Plains Municipal Airport, SUPPLEMENTARY INFORMATION: 14 CFR Part 71 MO; Butler Municipal Airport, MO; Comments Invited Point Lookout, M. Graham Clark [Airspace Docket No. 96±ACE±02] Airport, MO; Sedalia Memorial Airport, Interested parties are invited to MO; Monroe City Regional Airport, MO; participate in this proposed rulemking Proposed Amendment to Class E Farmington Regional Airport, MO; Airspace; Kaiser, MO, Camdenton, MO, by submitting such written data, views, Kaiser, Lee C. Fine Airport, MO; Fort Sedalia, MO, West Plains, MO, Point or arguments as they may desire. Leavenworth, Sherman AAF, KS; and Lookout, MO, St. Charles, MO, Monett, Comments that provide the factual basis Dodge City Regional Airport, KS. The MO, Butler, MO, Monroe City, MO, supporting the views and suggestions Farmington, MO, Fort Leavenworth, presented are particularly helpful in additional airspace would segregate Sherman Army Airfield, KS, and Dodge developing reasoned regulatory aircraft operating under VFR conditions City, KS decisions on the proposal. Comments from aircraft operating under IFR are specifically invited on the overall procedures. The area would be depicted AGENCY: Federal Aviation regulatory, economic, environmental, on appropriate aeronautical charts Administration (FAA), DOT. and energy-related aspects of the thereby enabling pilots to ACTION: Notice of proposed rulemaking. proposal. Communications should circumnavigate the area or otherwise identify the airspace docket number and comply with IFR procedures. Class E SUMMARY: This notice proposes to be submitted in triplicate to the address airspace designations for airspace areas amend the Class E airspace area at listed above. Commenters wishing the extending upward from 700 feet or more Kaiser, Lee C. Fine Memorial Airport, FAA to acknowledge receipt of their above the surface of the earth are MO, Camdenton Memorial Airport, comments on this notice must submit published in paragraph 6005 of FAA Camdenton, MO, Sedalia Memorial with those comments as self-addressed, Order 7400.9C, dated August 17, 1995, Airport, Sedalia, MO, West Plains stamped postcard on which the and effective September 16, 1995, which Municipal Airport, West Plains, MO, M. following statement is made: is incorporated by reference in 14 CFR Graham Clark Airport, Point Lookout, ‘‘Comments to Airspace Docket No. 96– 71.1. The Class E airspace designation MO, St. Charles Co. Smartt Airport, St. ACE–02.’’ The postcard will be date/ Charles, MO, Monett Municipal Airport, listed in this document would be time stamped and returned to the Monett, MO, Butler Memorial Airport, published subsequently in the Order. commenter. All communications Butler, MO, Monroe City Regional The FAA has determined that this received on or before the closing date Airport, Monroe City, MO, Farmington proposed regulation only involves an for comments will be considered before Regional Airport, Farmington, MO, Fort established body of technical taking action on the proposed rule. The Leavenworth, Sherman AAF, KS, and regulations for which frequent and proposal contained in this notice may Dodge City Regional Airport, Dodge routine amendments are necessary to be changed in light of comments City, KS. The development of new keep them operationally current. received. All comments submitted will Standard Instrument Approach Therefore, this proposed regulation (1) be available for examination in the Procedures (SIAP) based on the Global Rules Docket both before and after the is not a ‘‘significant regulatory action’’ Positioning System (GPS) at the above closing date for comments. A report under Executive Order 12866; (2) is not locations has made the proposal summarizing each substantive public a ‘‘significant rule’’ under DOT necessary. The intended effect of this contact with FAA personnel concerned Regulatory Policies and Procedures (44 proposal is to provide additional with this rulemaking will be filed in the FR 11034; February 26, 1979); and (3) controlled airspace for aircraft executing docket. does not warrant preparation of a the SIAP at the above listed airports. Regulatory Evaluation as the anticipated DATES: Comments must be received on Availability of NPRMs impact is so minimal. Since this is a or before May 1, 1996. Any person may obtain a copy of this routine matter that will only affect air ADDRESSES: Send comments on the Notice of Proposed Rulemaking (NPRM) traffic procedures and air navigation, it proposal in triplicate to: Manager, Air by submitting a request to the Federal is certified that this proposed rule will Traffic Operations Branch, ACE–530, Aviation Administration, Office of not have a significant economic impact Federal Aviation Administration, Public Affairs, Attention: Public Inquiry on a substantial number of small entities Docket No. 96–ACE–02, 601 East 12th Center, APA–230, 800 Independence under the criteria of the Regulatory Street, Kansas City, MO 64106. Avenue, SW, Washington, DC 20591, or Flexibility Act. 13116 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

List of Subjects in 14 CFR Part 71 (lat. 36°52′41′′ N., long. 91°54′10′′ W.) miles south of the VORTAC to 22.1 miles Pomona NDB south of the VORTAC. Airspace, Incorporation by reference, (lat. 36°52′42′′ N, long. 91°54′02′′ W.) Navigation (air). * * * * * That airspace extending upward from 700 ACE MO E5 Monett, MO The Proposed Amendment feet above the surface within a 6.4-mile radius of West Plain Municipal Airport and Monett Municipal Airport, MO Accordingly, pursuant to the within 2.6 miles each side of the 185° bearing (lat. 36°54′39′′ N., long. 94°00′46′′ W.) authority delegated to me, the Federal from the Pomona NDB extending from the Neosho VORTAC ° ′ ′′ ° ′ ′′ Aviation Administration proposes to 6.4-mile radius of the West Plains Municipal (lat. 36 50 33 N., long. 94 26 08 W.) amend part 71 of the Federal Aviation Airport to 7.4 miles south of the NDB. That airspace extending upward from 700 Regulations (14 CFR part 71) as follows: * * * * * feet above the surface within a 6.5-mile radius of Monett Municipal Airport and PART 71Ð[AMENDED] ACE MO E5 Point Lookout, MO within 1.8 miles each side of the Neosho ° Point Lookout, M. Graham Clark Airport, MO VORTAC 079 radial extending from the 6.5- 1. The authority citation for part 71 ° ′ ′′ ° ′ ′′ mile radius to 7 miles west of the airport. continues to read as follows: (lat. 36 37 33 N., long. 93 13 44 W.) That airspace extending upward from 700 * * * * * Authority: 49 U.S.C. 106(g); 40103, 40113, feet above the surface within a 6.5-mile ACE MO E5 Butler, MO 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– radius of M. Graham Clark Airport and 1963 Comp., p. 389; 14 CFR 11.69. ° Butler Memorial Airport, MO within 2.6 miles each side of the 123 bearing (lat. 38°17′23′′ N, long. 94°20′25′′ W.) § 71.1 [Amended] from the M. Graham Clark Airport extending Butler VORTAC from the 6.5-mile radius to 7 miles southeast (lat 38°16′′29′′ N., long. 94°29′18′′ W.) 2. The incorporation by reference in of the airport. 14 CFR 71.1 of Federal Aviation That airspace extending upward from 700 Administration Order 7400.9C, Airspace * * * * * feet above the surface within a 6.4-mile Designations and Reporting Points, ACE MO E5 St. Louis, MO radius of Butler Memorial Airport and within 1.8 miles each side of the 082° radial of the dated August 17, 1995, and effective Lambert-St. Louis International Airport Butler VORTAC extending from the 6.4-mile September 16, 1995, is amended as (lat. 38° 44′51′′ N., long. 90°21′36′′ W.) radius to the VORTAC. follows: Spirit of St. Louis Airport, MO * * * * * (lat. 38°39′43′′ N., long 90°39′00′′ W.) Paragraph 6005 Class E airspace areas St. Louis Regional Airport, Alton, IL ACE MO E5 Monroe City, MO extending upward from 700 feet or more (lat 38°53′25′′ N., long. 90°02′45′′ W.) above the surface of the earth. Monroe City Regional Airport, MO St. Charles County Smartt Airport, St. (lat. 39°38′04′′ N., long. 91°43′38′′ W.) * * * * * Charles, MO Quincy VORTAC ° ′ ′′ ° ′ ′′ ACE MO E5 Kaiser, MO (lat. 38 55 47 N., long. 90 25 47 W.) (lat. 39°50′53′′ N., long. 91°16′44′′ W.) St. Louis VORTAC That airspace extending upward from 700 Kaiser, Lee E. Fine Memorial Airport, MO (lat. 38°51′38′′ N., long. 90°28′57′′ W.) (lat. 38°05′46′′ N., long. 92°32′59′′ W.) feet above the surface within a 6.2-mile Foristell VORTAC radius of Monroe City Regional Airport and Camdenton Memorial Airport, MO (lat. 38°41′40′′ N., long. 90°58′17′′ W.) (lat 37°58′29′′ N., long. 92°41′30′′ W.) within 3.5 miles each side of the Quincy ZUMAY LOM VORTAC 239° radial extending from the 6.2- Osage Beach, Linn Creek-Grand Glaize (lat. 38°47′17′′ N., long. 90°16′44′′ W.) Memorial Airport, MO mile radius to 7 miles northeast of the OBLIO LOM airport. (lat 38°06′28′′ N., long. 92°40′50′′ W.) ° ′ ′′ ° ′ ′′ (lat. 38 48 01 N., long. 90 28 29 W.) * * * * * Kaiser NDB Civic Memorial NDB (lat. 38°05′48′′ N., long. 92°33′11′′ W.) (lat. 38°53′32′′ N., long. 90°03′23′′ W.) ACE MO E5 Farmington, MO That airspace extending upward from 700 That airspace extending upward from 700 Farmington Regional Airport, MO feet above the surface within a 6.5-mile feet above the surface within a 6.9-mile (lat. 37°45′42′′ N., long. 90°25′41′′ W.) radius of Lee C. Fine Memorial Airport and radius of the Lambert-St. Louis International Farmington VORTAC within 2.6 miles each side of the 045° bearing Airport, and within 4 miles southeast and 7 (lat. 37°40′24′′ N., long. 90°14′03′′ W.) of the Kaiser NDB extending from the 6.5- miles northwest of the Lambert-St. Louis Perrine NDB mile radius of the Lee C. Fine Memorial International Airport Runway 24 ILS (lat. 37°45′54′′ N., long. 90°25′45′′ W.) Airport to 7.9 miles northeast of the airport localizer course extending from the airport to and within a 6.3-mile radius of Camdenton That airspace extending upward from 700 10.5 miles northeast of the ZUMAY LOM, Memorial Airport and within a 6.3-mile feet above the surface within a 6.4-mile and within 4 miles southwest and 7.9 miles radius of Farmington Regional Airport and radius of Linn Creek-Grand Glaize Memorial ° Airport. northeast of the Lambert-St. Louis Airport within 2.6 miles each side of the 034 bearing Runway 12R ILS localizer course extending from the Perrine NDB extending from the 6.4 * * * * * from the airport to 10.5 miles northwest of mile radius to 7.9 miles north of the airport, ° ACE MO E5 Sedalia, MO the OBLIO LOM, and within 4 miles and within 2.6 miles each side of the 191 southwest and 7.9 miles northeast of the bearing from the Perrine NDB extending from Sedalia Memorial Airport, MO ° ′ ′′ ° ′ ′′ Lambert-St. Louis Airport Runway 30L ILS the 6.4 mile radius to 7.9 miles south of the (lat 38 42 25 N., long. 93 10 34 W.) localizer southeast course extending from the airport, and within 1.3 miles each side of the That airspace extending upward from 700 airport to 8.7 miles southeast of the airport, Farmington VORTAC 300° radial extending feet above the surface within a 6.7-mile and within a 6.6-mile radius of Spirit of St. from the 6.4-mile radius to the VORTAC. radius of Sedalia Memorial Airport and Louis Airport and within 2.6 miles each side * * * * * within 2.6 miles each side of the 011° bearing of the 098° radial of the Foristell VORTAC from Sedalia Memorial Airport extending extending from the 6.6-mile radius area to 8.3 ACE MO E5 Kansas City International from the 6.7-mile radius to 7 miles north of miles west of the airport, and within a 6.4- Airport, MO the airport and within 2.6 miles each side of mile radius of St. Charles County Smartt Kansas City International Airport, MO ° the 178 bearing from Sedalia Memorial Airport, and within a 6.7-mile radius of St. (lat. 39°17′57′′ N., long. 94°43′05′′ W.) Airport extending from the 6.7-mile radius to Louis Regional Airport, and within 4 miles Kansas City Downtown Airport, MO 7 miles south of the airport. each side of the 014° bearing from the Civic (lat. 39°07′24′′ N., long. 94°35′34′′ W.) * * * * * Memorial NDB extending from 6.7-mile Fort Leavenworth, Sherman Army Airfield radius to 7 miles north of the airport, and (AAF), KS ACE MO E5 West Plains, MO within 4.4 miles each side of the 190° radial (lat. 39°22′06′′ N., long. 94°54′53′′ W.) West Plains Municipal Airport, MO of the St. Louis VORTAC extending from 2 Kansas City VORTAC Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13117

(lat. 39°16′46′′ N., long. 94°35′28′′ W.) records available to appropriate SUPPLEMENTARY INFORMATION: On DOTTE LOM regulatory officials upon request. The October 5, 1995, the PBGC announced ° ′ ′′ ° ′ ′′ (lat. 39 13 15 N., long. 94 45 00 W.) document was published with some the establishment of the Reportable Riverside VOR/DME errors. This document corrects those Events Negotiated Rulemaking Advisory (lat. 39°07′14′′ N., long. 94°35′48′′ W.) errors. Committee (60 FR 52135). The ground That airspace extending upward from 700 rules for the Committee state that the feet above the surface within a 6-mile radius DATES: Written comments by April 17, of the Kansas City Downtown Airport and 1996; except that comments regarding deadline for negotiations, unless within 3 miles each side of the 210° radial information collection requirements by extended by the PBGC, is March 29, of the Riverside VOR/DME extending from March 4, 1996, but not later than April 1996. At the Committee’s most recent the 6-mile radius to 12.6 miles southwest of 2, 1996. meeting, held on March 13, 1996, the the Downtown Airport, and within a 6.5-mile FOR FURTHER INFORMATION CONTACT: F. PBGC extended the deadline for radius of the Sherman AAF and within a 6- Edward Scarbrough, Center for Food negotiations to April 30, 1996. mile radius of the Kansas City International The Committee agreed to meet again Airport, and within 4.4 miles each side of the Safety and Applied Nutrition (HFS– 150), Food and Drug Administration, on April 10, 1996. The agenda for the Kansas City International Runway 19 ILS April meeting includes reports from localizer north course extending from the 6- 200 C St. SW., Washington, DC 20204, mile radius to 21.7 miles north of the DOTTE 202–205–4561. working groups and preparation of a LOM, and within 4.4 miles each side of the In FR Doc. 96–2153, appearing on consensus recommendation for the 096° radial of the Kansas City VORTAC page 3885 in the Federal Register of PBGC. The meeting will be open to the extending from the Kansas City International Friday, February 2, 1996, the following public. Airport 6-mile radius to 5 miles east of the corrections are made: On page 3888, in Issued in Washington, DC, this 22 day of Kansas City VORTAC, and within 2.5 miles the third column, in footnote 1, in line March, 1996. each side of the Kansas City International Runway 1 ILS localizer south course 3, the second comma after ‘‘7’’ is Martin Slate, extending from the 6-mile radius to 9.3 miles removed; in the fourth line from the Executive Director, Pension Benefit Guaranty south of the DOTTE LOM. bottom, ‘‘FTS’’ is corrected to read Corporation. * * * * * ‘‘FTC’’; and in the third line from the [FR Doc. 96–7378 Filed 3–25–96; 8:45 am] bottom, the phrase ‘‘F.2d 189, 193 (D.C. BILLING CODE 7708±01±P±M ACE KS E5 Dodge City, KS Cir. 1986), cert. denied, 479 U.S. 1086’’ Dodge City Regional Airport, KS is added after ‘‘791’’. (lat. 37°45′44′′ N., long. 99°57′54′′ W.) Dated: March 18, 1996. DEPARTMENT OF THE INTERIOR That airspace extending upward from 700 William K. Hubbard, feet above the surface within a 6.5-mile Office of Surface Mining Reclamation radius of Dodge City Regional Airport. Associate Commissioner for Policy Coordination. and Enforcement * * * * * Issued in Kansas City, MO, on March 1, [FR Doc. 96–7173 Filed 3–25–96; 8:45 am] 30 CFR Part 931 1996. BILLING CODE 4160±01±F Christopher R. Blum, [SPATS No. NM±037±FOR] Acting Manager, Air Traffic Division, Central New Mexico Regulatory Program Region. PENSION BENEFIT GUARANTY [FR Doc. 96–7296 Filed 3–25–96; 8:45 am] CORPORATION AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. BILLING CODE 4910±13±M 29 CFR Part 2615 ACTION: Proposed rule; public comment RIN 1212±AA77 period and opportunity for public DEPARTMENT OF HEALTH AND hearing on proposed amendment. Reportable Events Negotiated HUMAN SERVICES Rulemaking Advisory Committee; SUMMARY: Office of Surface Mining Food and Drug Administration Meeting Reclamation and Enforcement (OSM) is announcing receipt of a proposed AGENCY: Pension Benefit Guaranty 21 CFR Part 101 amendment to the New Mexico Corporation. regulatory program (hereinafter, the [Docket No. 95N±0103] ACTION: Notice of meeting. ‘‘New Mexico program’’) under the Food Labeling; Nutrient Content SUMMARY: This notice announces the Surface Mining Control and Claims and Health Claims; Special time and place of the next meeting of Reclamation Act of 1977 (SMCRA). The Requirements; Correction the Reportable Events Negotiated proposed amendment consists of Rulemaking Advisory Committee. revisions to or additions of rules AGENCY: Food and Drug Administration, pertaining to permit application DATES: The Committee will meet at HHS. contents for contour maps of the permit 10:00 a.m. on Wednesday, April 10, ACTION: Proposed rule; correction. area and operations exclusively under 1996. reclamation, permit approval or denial, SUMMARY: The Food and Drug ADDRESSES: The meeting will be held at contents of bond release applications, Administration (FDA), is correcting a the PBGC’s offices at 1200 K Street, timeliness of backfilling and grading, proposed rule that appeared in the NW., Washington, DC 20005–4026. approval of small depressions, Federal Register of February 2, 1996 (61 FOR FURTHER INFORMATION CONTACT: performance standards for all roads and FR 3885). The document proposed to Harold J. Ashner, Assistant General primary roads, and blaster examination require that, in certain circumstances, Counsel, or James L. Beller, Attorney, and certification requirements. The persons responsible for the labeling of Office of the General Counsel, PBGC, amendment is intended to revise the foods with nutrient content and health 1200 K Street, NW., Washington, DC New Mexico program to incorporate the claims maintain records that support the 20005–4026, 202–326–4024 (202–326– additional flexibility afforded by the claims, and that they make those 4179 for TTY and TTD). revised Federal regulations, as 13118 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules amended, and improve operational applications, by adding a reference to limits are the only measure of when efficiency. Part 15 for mines exclusively under backfilling and grading must commence, DATES: Written comments must be reclamation; and replacing the term ‘‘area strip received by 4:00 p.m., m.d.t., April 25, CSMC Rule 80–1–8–25(k), concerning mining’’ with the term ‘‘strip mining’’ at 1996. If requested, a public hearing on contour maps with a maximum of 5 foot 20–101(a)(3); the proposed amendment will be held contour intervals in permit applications, CSMC 80–1–20–102(c), concerning on April 22, 1996. Requests to present by deleting specific requirements at backfilling and grading to create small oral testimony at the hearing must be CSMC Rule 80–1–8–25(k) (1) through (3) depressions, to add the allowance for received by 4:00 p.m., m.d.t., on April for showing the existing land surface New Mexico to approval small 10, 1996. configuration for the proposed affected depressions if they create and enhance ADDRESSES: Written comments should areas and adding the requirement that wildlife habitat; be mailed or hand delivered to Guy the existing land surface configuration CSMC 80–1–20–150(b), concerning Padgett at the address listed below. be shown for the proposed permit area; performance standards for all roads, to Copies of the New Mexico program, CSMC Rule 80–1–11–19(c), delete the requirement at 20–150(b)(9) the proposed amendment, and all concerning criteria for permit approval that all roads have, at a minimum, a written comments received in response or denial, by adding the word static safety factor of 1.3 for all to this document will be available for ‘‘hydrological’’ to the phrase ‘‘probable embankments; cumulative hydrological impacts’’ and public review at the addresses listed CSMC 80–1–20–151(a), concerning the acronym ‘‘(CHIA)’’ following the below during normal business hours, performance standards for primary phrase; Monday through Friday, excluding roads, to add at 20–151(a)(5) the CSMC Rule 80–1–14–40(a), requirement that all primary roads have holidays. Each requester may receive concerning bond release applications, one free copy of the proposed a static factor of safety of 1.3, at a by adding a new paragraph (a)(2) which minimum, for all embankments; and amendment by contacting OSM’s summarizes the minimum contents of Albuquerque Field Office. CSMC 80–1–33–14 and 80–1–33–15, an application for a bond release and concerning examination and Guy Padgett, Director, Albuquerque revising recodified paragraph (a)(3) to certification for blasters, by deleting the Field Office, Office of Surface Mining delete a bond release application existing requirements and replacing Reclamation and Enforcement, 505 content requirement that is now part of them with new requirements for (1) Marquette Avenue, NW., Suite 1200, new paragraph (a)(2); examination at 33–14(a) and (b) that Albuquerque, New Mexico 87102 CSMC Rule 80–1–15, concerning include a written exam to demonstrate Mining and Minerals Division, New minimum requirements for permit competence and a minimum of one year Mexico Energy and Minerals applications for coal mining operations of practical field experience and (2) Department, 2040 South Pacheco exclusively under reclamation, by certification at 33–15(a) through (e) that Street, Santa Fe, New Mexico 87505, adding a new Part 15 which consists of include requirements for certification Telephone: (505) 827–5970 requirements for: general information at every four years, suspension and FOR FURTHER INFORMATION CONTACT: Guy 15–11, information concerning revocation of certification, Padgett, Telephone: (505) 248–5081. identification of interests at 15–12(a) recertification (by reexamination, through (j), compliance information at SUPPLEMENTARY INFORMATION: training, and demonstration), protection 15–13(a) through (d), right of entry and of certification, and conditions for I. Background on the New Mexico operation information at 15–14(a) and maintaining certification. Program (b), permit term information at 15–15(a) On December 31, 1980, the Secretary and (b), personal injury and property III. Public Comment Procedures of the Interior conditionally approved damage insurance information at 15–16, In accordance with the provisions of the New Mexico program. General identification of other licenses and 30 CFR 732.17(h), OSM is seeking background information on the New permits at 15–17(a) through (d), comments on whether the proposed Mexico program, including the identification of location of public office amendment satisfies the applicable Secretary’s findings, the disposition of for filing of application at 15–18, program approval criteria of 30 CFR comments, and the conditions of newspaper advertisement and proof of 732.15. If the amendment is deemed approval of the New Mexico program publication at 15–19, general adequate, it will become part of the New can be found in the December 31, 1980, environmental resources information at Mexico program. Federal Register (45 FR 86459). 15–20(a) through (f), the operation plan Subsequent actions concerning New at 15–21(a) and (b), the fish and wildlife 1. Written Comments Mexico’s program and program plan at 15–22(a) and (b), the reclamation Written comments should be specific, amendments can be found at 30 CFR plan including protection of the pertain only to the issues proposed in 931.11, 931,15, 931.16, and 931.30. hydrologic balance, postmining land this rulemaking, and include uses, and ponds, impoundments, banks, explanations in support of the II. Proposed Amendment dams, and embankments, at commenter’s recommendations. By letter dated March 11, 1996, New respectively, 15–23(a) and (b), 15–24(a) Comments received after the time Mexico submitted a proposed through (e), 15–25(a) and (b), and 15– indicated under DATES or at locations amendment to its program pursuant to 26(a) through (e), and protection of other than the Albuquerque Field Office SMCRA (administrative record No. NM– public parks and historic places at 15– will not necessarily be considered in the 773, 30 U.S.C. 1201 et seq.). New 27; final rulemaking or included in the Mexico submitted the proposed CSMC 80–1–20–101(a), concerning administrative record. amendment at its own initiative. The backfilling and grading requirements for provisions of the Coal Surface Mining contour mining, open pit mining, and 2. Public Hearing Commission (CSMC) rules that New strip mining, by deleting from 20– Persons wishing to testify at the Mexico proposes to revise or add are: 101(a)(1) through (3) all time limits by public hearing should contact the CSMC Rule 80–1–5–23(a), concerning which backfilling and grading must person listed under FOR FURTHER general requirements for permit commence so that the existing distance INFORMATION CONTACT by 4:00 p.m., Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13119 m.d.t., on April 10, 1996. Any disabled SMCRA (30 U.S.C. 1253 and 1255) and DEPARTMENT OF TRANSPORTATION individual who has need for a special the Federal regulations at 30 CFR accommodation to attend a public 730.11, 732.15, and 732.17(h)(10), Coast Guard hearing should contact the individual decisions on proposed State regulatory 33 CFR Part 100 listed under FOR FURTHER INFORMATION programs and program amendments CONTACT. The location and time of the submitted by the States must be based [CGD07±96±015] hearing will be arranged with those solely on a determination of whether the RIN 2115±AE46 persons requesting the hearing. If no one submittal is consistent with SMCRA and requests an opportunity to testify at the its implementing Federal regulations Special Local Regulations; Harborwalk public hearing, the hearing will not be and whether the other requirements of Boat Race, Sampit River, Georgetown, held. 30 CFR Parts 730, 731, and 732 have SC Filing of a written statement at the been met. time of the hearing is requested as it AGENCY: Coast Guard, DOT. will greatly assist the transcriber. 3. National Environmental Policy Act ACTION: Notice of proposed rulemaking. Submission of written statements in advance of the hearing will allow OSM No environmental impact statement is SUMMARY: The Coast Guard proposes to officials to prepare adequate responses required for this rule since section establish permanent special local and appropriate questions. 702(d) of SMCRA (30 U.S.C. 1292(d)) regulations for the Harborwalk Boat The public hearing will continue on provides that agency decisions on Race. This event held annually on the the specified date until all persons proposed State regulatory program last Sunday of June, between 12 p.m. scheduled to testify have been heard. provisions do not constitute major and 5:30 p.m. Eastern Daylight Time. Persons in the audience who have not Federal actions within the meaning of Historically, there have been been scheduled to testify, and who wish section 102(2)(C) of the National approximately sixty participants racing to do so, will be heard following those Environmental Policy Act of 1969 (42 14 to 20 foot outboard power boats on who have been scheduled. The hearing U.S.C. 4332(2)(C)). a prescribed course on a portion of the Sampit River, Georgetown, SC. The will end after all persons scheduled to 4. Paperwork Reduction Act testify and persons present in the nature of the event and the closure of the Sampit River creates an extra or audience who wish to testify have been This rule does not contain unusual hazard in the navigable waters. heard. information collection requirements that These proposed regulations are require approval by OMB under the 3. Public Meeting necessary to provide for the safety of life Paperwork Reduction Act (44 U.S.C. on navigable waters during the event. If only one person requests an 3507 et seq.). opportunity to testify at a hearing, a By establishing these proposed public meeting, rather than a public 5. Regulatory Flexibility Act permanent regulations, the Coast Guard hearing, may be held. Persons wishing expects to give better notice of to meet with OSM representatives to The Department of the Interior has requirements related to marine events, discuss the proposed amendment may determined that this rule will not have and also avoid the recurring costs of request a meeting by contacting the a significant economic impact on a publication related with temporary person listed under FOR FURTHER substantial number of small entities regulations. However, the establishment INFORMATION CONTACT. All such meetings under the Regulatory Flexibility Act (5 of these proposed permanent will be open to the public and, if U.S.C. 601 et seq.). The State submittal regulations would not relieve the event possible, notices of meetings will be that is the subject of this rule is based organizers from applying for an annual posted at the locations listed under upon counterpart Federal regulations for marine event permit. ADDRESSES. A written summary of each which an economic analysis was DATES: Comments must be received on meeting will be made a part of the prepared and certification made that or before May 28, 1996. administrative record. such regulations would not have a ADDRESSES: Comments may be mailed to significant economic effect upon a Commander, U.S. Coast Guard Group IV. Procedural Determinations substantial number of small entities. Charleston, 196 Tradd Street, 1. Executive Order 12866 Accordingly, this rule will ensure that Charleston, SC 29401, or may be existing requirements previously This rule is exempted from review by delivered to operations office at the promulgated by OMS will be the Office of Management and Budget same address between 7:30 a.m. and implemented by the State. In making the (OMB) under Executive Order 12866 3:30 p.m., Monday through Friday, (Regulatory Planning and Review). determination as to whether this rule except federal holidays. The telephone would have a significant economic number is (803) 724–7621. Comments 2. Executive Order 12778 impact, the Department relied upon the will become a part of the public docket The Department of the Interior has data and assumptions for the and will be available for copying and conducted the reviews required by counterpart Federal regulations. inspection at the same address. FOR FURTHER INFORMATION CONTACT: section 2 of Executive Order 12778 List of Subjects in 30 CFR Part 931 (Civil Justice Reform) and has ENS M. J. DaPonte, Coast Guard Group determined that this rule meets the Intergovernmental relations, Surface Charleston at (803) 724–7621. applicable standards of subsections (a) mining, Underground mining. SUPPLEMENTARY INFORMATION: and (b) of that section. However, these Dated: March 19, 1996. standards are not applicable to the Request for Comment actual language of State regulatory Russell F. Price, The Coast Guard encourages programs and program amendments Acting Regional Director, Western Regional interested persons to participate in this since each such program is drafted and Coordinating Center. rulemaking by submitting written views, promulgated by a specific State, not by [FR Doc. 96–7288 Filed 3–25–96; 8:45 am] data, or arguments. Persons submitting OSM. Under sections 503 and 505 of BILLING CODE 4310±05±M comments should include their names, 13120 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules addresses, identify the notice (CGD07– expects the economic impact of this Proposed Regulations 96–015) and the specific section of this proposed rule to be so minimal that a In consideration of the foregoing, Part proposal to which their comments full Regulatory Evaluation under 100 of Title 33, Code of Federal apply, and give reasons for each paragraph 10e of the regulatory policies Regulations, is proposed to be amended comment. The Coast Guard will and procedures of DOT is unnecessary. as follows: consider all comments received during The proposed regulation would last for 1. The authority citation for Part 100 the comment period. The regulations only 5 and a half hours each day of the continues to read as follows: may be changed in view of the event. comments received. All comments PART 100Ð[AMENDED] received before the expiration of the Small Entities comment period will be considered Authority: 33 U.S.C. 1233; 49 CFR 1.46 and Under the Regulatory Flexibility Act before final action is taken on this 33 CFR 100.35. (5 U.S.C. 601 et seq.), the Coast Guard proposal. must consider whether this proposal 2. A new section 100.713 is added to No public hearing is planned, but one read as follows: may be held if the written requests for will have a significant economic impact a hearing are received, and it is on a substantial number of small § 100.713 Harborwalk Boat Race, Sampit determined that the opportunity to entities. ‘‘Small entities’’ include River, Georgetown, SC. make oral presentations will add to the independently owned and operated (a) Regulated Area. The regulated area rulemaking process. small businesses that are not dominant is formed by a line from: in their field and that otherwise qualify ° ′ ° ′ Discussion of Proposed Regulations 33 21.5 N, 079 17.10 W; thence to as ‘‘small business concerns’’ under 33° 21.7′ N, 079° 16.8′ W; thence along the The proposed regulations are needed Section 3 of the Small Business Act (15 shore to to provide for the safety of life during U.S.C. 632). 33° 21.1′ N, 079° 16.7′ W; thence to the Harborwalk Boat Race. These For reasons set forth in the above 33° 21.1′ N, 079° 16.9′ W; thence back to ° ′ ° ′ proposed rules are intended to promote Regulatory Evaluation, the Coast Guard 33 21.5 N, 079 17.10 W. safe navigation on the waters off East certifies under 5 U.S.C. 605(b) that this All coordinates use datum: NAD 83. Bay Park on the Sampit River during the proposal, if adopted, would not have a (b) Special local regulations. (1) Entry race by controlling the traffic entering, significant economic impact on a into the regulated area is prohibited to exiting, and traveling within these substantial number of small entities. all nonparticipants. waters. Historically, the anticipated (2) After the termination of the concentration of spectator and Collection of Information Harborwalk Boat Race, and during participant vessels associated with the These proposed regulations contain intervals between scheduled events, at Harborwalk Boat Race has posed a the discretion of the Captain of the Port, safety concern, which is addressed in no collection of information requirements under the Paperwork all vessels may resume normal these proposed special local regulations. operations. Reduction Act (44 U.S.C. 3501 et seq.). The proposed regulations would not (c) Effective Dates. This section is permit movement of spectator vessels Federalism effective at 12 p.m. and terminate at and other nonparticipating vessel traffic 5:30 p.m. annually during the last within the regulated area, bounded by a This action has been analyzed in Sunday of June. However, the line drawn from accordance with the principles and requirements of this section may be 33°21.5′ N, 079°17.10′ W, thence to criteria contained in Executive Order waived by a Coast Guard Notice to 33°21.7′ N, 079°16.8′ W, thence along the 12612, and it has been determined that mariners. shore to the rulemaking does not have sufficient Dated: March 12, 1996. 33°21.1′ N, 079°16.7′ W, thence to Federalism implication to warrant the ° ′ ° ′ 33 21.1 N, 079 16.9 W, thence back to preparation of a Federalism Assessment. Roger T. Rufe, Jr., 33°21.5′ N, 079°17.10′ W Rear Admiral, U.S. Coast Guard, Commander, from 7 a.m. to 5:30 p.m. annually during Environmental Assessment Seventh Coast Guard District. [FR Doc. 96–7307 Filed 3–25–96; 8:45 am] the last Sunday of June. All coordinates The Coast Guard has considered the BILLING CODE 4910±14±M use Datum: NAD 83. The proposed environmental impact of this proposal regulations would permit the movement consistent with Section 2.B.2. of of spectator vessels and other Commandant Instruction M16475.1B. In nonparticipants after the termination of 33 CFR Part 100 accordance with that section, this race, and during intervals between proposed action has been [CGD07±96±014] scheduled events at the discretion of the environmentally assessed (EA Captain of the Port. RIN 2115±AE46 completed), and the Coast Guard has Regulatory Evaluation concluded that it will not significantly Special Local Regulations; River Race This proposal is not a significant affect the quality of the human Augusta; Augusta, GA environment. An environmental regulatory action under Section 3(f) of AGENCY: Coast Guard, DOT. assessment and a finding of no the Executive Order 12866 and does not ACTION: Notice of proposed rulemaking. require an assessment of the potential significant impact have been prepared costs and benefits under Section 6(a)(3) and are available in the docket for SUMMARY: The Coast Guard proposes to of that Order. It has been exempted from inspection or copying where indicated establish permanent special local review by the Office of Management and under ADDRESSES. regulations for the River Race Augusta. Budget under that order. It is not List of Subjects in 33 CFR Part 100 This event will be held annually on significant under the regulatory policies Friday, Saturday and Sunday during the and procedures of the Department of Marine safety, Navigation (water), second week of June, between 7 a.m. Transportation (DOT) (44 FR 11040; Reporting and record keeping and 5 p.m. Eastern Daylight Time. February 26, 1979). The Coast Guard requirements, Waterways. Historically, there have been Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13121 approximately sixty participants racing make oral presentations will add to the For reasons set forth in the above 16 to 18 foot outboard power boats on rulemaking process. Regulatory Evaluation, the Coast Guard that portion of the Savannah River at certifies under 5 U.S.C. 605 (b) that this Discussion of Proposed Regulations Augusta, GA, between U.S. Highway 1 proposal, if adopted, would not have a (Fifth St) Bridge at mile marker 199.45 The proposed regulations are needed significant economic impact on a and Eliot’s Fish Camp at mile marker to provide for the safety of life during substantial number of small entities. 197. The boats would be competing at the River Race Augusta. These proposed high speeds and at close range on a regulations are intended to promote safe Collection of Information prescribed course. The nature of the navigation on the waters off Augusta on These proposed regulations contain event and the closure of the Savannah the Savannah River during the races by no collection of information River creates an extra or unusual hazard controlling the traffic entering, exiting, requirements under the Paperwork in the navigable waters. These proposed and traveling within these waters. Reduction Act (44 U.S.C. 3501 et seq.). Historically, the anticipated regulations are necessary to provide for Federalism the safety of life on navigable waters concentration of spectator and during the event. By establishing these participant vessels associated with the This action has been analyzed in proposed permanent regulations, the River Race has posed a safety concern, accordance with the principles and Coast Guard expects to give better notice which is addressed in these proposed criteria contained in Executive Order of requirements related to marine special local regulations. The proposed 12612, and it has been determined that events, and also avoid the recurring regulations would not permit the entry the rulemaking does not have sufficient costs of publication related with or movement of spectator vessels and Federalism implications to warrant the temporary regulations. However, the other nonparticipating vessel traffic preparation of a Federalism Assessment. between the U.S. Highway Route 1 establishment of these proposed Environmental Assessment permanent regulations would not (Fifth Street) Bridge at mile marker relieve the event organizers from 199.45 and Eliot’s Fish Camp at mile The Coast Guard has considered the applying for an annual marine event marker 197 from 7 a.m. to 5 p.m. environmental impact on this proposal permit. annually, Friday, Saturday and Sunday consistent with Section 2.B.2. of Commandant Instruction M16475.1B. In DATES: Comments must be received on of the second week of June. The accordance with that section, this or before May 15, 1996. proposed regulations would permit the movement of spectator vessels and other proposed action has been ADDRESSES: Comments may be mailed to non-participants after the termination of environmentally assessed (EA Commander, U.S. Coast Guard Group race each day, and during intervals completed), and the Coast Guard has Charleston, 196 Tradd Street, between scheduled events at the concluded that it will not significantly Charleston, SC 29401, or may be discretion of the Coast Guard Patrol affect the quality of the human delivered to operations office at the Commander. environment. An environmental same address between 7:30 a.m. and assessment and a finding of no 3:30 p.m., Monday through Friday, Regulatory Evaluation significant impact have been prepared except federal holidays. The telephone This proposal is not a significant and are available in the docket for number is (803) 724–7621. Comments regulatory action under Section 3(f) of inspection or copying where indicated will become a part of the public docket the Executive Order 12866 and does not under ADDRESSES. and will be available for copying and require an assessment of the potential List of Subjects in 33 CFR Part 100 inspection at the same address. costs and benefits under Section 6(a)(3) FOR FURTHER INFORMATION CONTACT: of that Order. It has been exempted from Marine safety, Navigation (water), ENS M.J. DaPonte, Coast Guard Group review by the Office of Management and Reporting and record keeping Charleston at (803) 724–7621. Budget under that order. It is not requirements, Waterways. SUPPLEMENTARY INFORMATION: significant under the regulatory policies Proposed Regulations and procedures of the Department of Request for Comments Transportation (DOT) (44 FR 11040; In consideration of the foregoing, Part The Coast Guard encourages February 26, 1979). The Coast Guard 100 of Title 33, Code of Federal interested persons to participate in this expects the economic impact of this Regulations, is proposed for amendment rulemaking by submitting written views, proposed rule to be so minimal that a as follows: data, or arguments. Persons submitting full Regulatory Evaluation under 1. The authority citation for Part 100 comments should include their names, paragraph 10e of the regulatory policies continues to read as follows: addresses, identify the notice (CGD07– and procedures of DOT is unnecessary. PART 100Ð[AMENDED] 96–014) and the specific section of this The proposed regulation would last for proposal to which their comments only 10 hours each day of the event. Authority: 33 U.S.C. 1233; 49 CFR 1.46 and apply, and give reasons for each 33 CFR 100.35 Small Entities comment. The Coast Guard will 2. A new section 100.712 is added to consider all comments received during Under the Regulatory Flexibility Act read as follows: the comment period. The regulations (5 U.S.C. 601 et seq.), the Coast Guard may be changed in view of the must consider whether this proposal § 100.712 Annual River Race Augusta; comments received. All comments will have a significant economic impact Savannah River, Augusta GA. received before the expiration of the on a substantial number of small (a) Definitions: (1) Regulated area. comment period will be considered entities. ‘‘Small entities’’ include The regulated area is formed by a line before final action is taken on this independently owned and operated drawn directly across the Savannah proposal. small businesses that are not dominant River at the U.S. Highway 1 (Fifth No public hearing is planned, but one in their field and that otherwise qualify Street) Bridge at mile marker 199.45 and may be held if the written requests for as ‘‘small business concerns’’ under directly across the Savannah River at a hearing are received, and it is Section 3 of the Small Business Act (15 Eliot’s Fish Camp at mile marker 197. determined that the opportunity to U.S.C. 632). The regulated area would encompass 13122 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules the width of the Savannah River applying for an annual marine event channels creates an extra or unusual between these two lines. permit. hazard in the navigable waters. These (2) Coast Guard Patrol Commander. DATES: Comments must be received on regulations are intended to promote safe The Coast Guard Patrol Commander is or before May 15, 1996. navigation on the waters off Miami a commissioned, warrant, or petty ADDRESSES: Comments may be mailed to Beach during the race by restricting officer of the Coast Guard who has been U.S. Coast Guard Group Miami, 100 vessels from entering the race area designated by the Commander, Coast Macarthur Causeway, Miami Beach, FL described below and permit anchoring Guard Group Charleston, South 33139–5101 or may be delivered to only in the designated spectator area. Carolina. operations office at the same address The proposed race area would be (b) Special local regulations. (1) Entry between 7 a.m. and 3 p.m., Monday formed by a line joining the following into regulated area is prohibited to all through Friday, except Federal holidays. points: non-participants. The telephone number is (305) 535– 25°46.3′ N, 080°07.85′ W; thence to, (2) After termination of the River Race 4448. Comments will become a part of 25°46.3′ N, 080°06.82′ W; thence to, Augusta each day, and during intervals the public docket and will be available 25°51.3′ N, 080°06.2′ W; thence to, between scheduled events, at the for copying and inspection at the same 25°51.3′ N, 080°07.18′ W; thence along the discretion of the Coast Guard Patrol address. shoreline to the starting point. All Commander, all vessels may resume coordinates referenced use datum: NAD FOR FURTHER INFORMATION CONTACT: 1983. normal operations. QMC T. E. Kjerulff, Coast Guard Group A spectator area would be established in (c) Effective Dates. This section is Miami, FL at (305) 535–4448. effective at 7 a.m. and terminates at 5 the regulated area for spectator traffic and p.m. annually on Friday, Saturday and SUPPLEMENTARY INFORMATION: would be defined by a line joining the following points, beginning from: Sunday of the second week of June. Request for Comments ° ′ ° ′ However, the requirements of this 25 51.3 N, 080 06.15 W; thence to, The Coast Guard encourages 25°51.3′ N, 080°05.85′ W; thence to, section may be waived by a Coast Guard interested persons to participate in this 25°46.3′ N, 080°06.55′ W; thence to, Notice to mariners. rulemaking by submitting written views, 25°46.3′N, 080° 06.77′ W; and back to the Dated: March 13, 1996. data, or arguments. Persons submitting starting point. Roger T. Rufe, Jr., comments should include their names, All coordinates referenced use datum: Rear Admiral, U.S. Coast Guard, Commander, addresses, identify the notice (CGD07– NAD 1983. The proposed regulation would Seventh Coast Guard District. 96–018) and the specific section of this also include a buffer zone of 300 feet between proposal to which their comments the race course and the spectator area defined [FR Doc. 96–7306 Filed 3–25–96; 8:45 am] above. BILLING CODE 4910±14±M apply, and give reasons for each comment. The Coast Guard will Entry into the proposed regulated area consider all comments received during by other than event participants would 33 CFR Part 100 the comment period. The regulations be prohibited unless otherwise may be changed in view of the authorized by the Coast Guard Patrol [CGD07±96±018] comments received. All comments Commander. However, the Coast Guard Patrol Commander could at his RIN 2115±AE46 received before the expiration of the comment period will be considered discretion permit traffic to resume Special Local Regulations; Miami before final action is taken on this normal operations between scheduled Super Boat Race; Miami Beach, FL proposal. racing events. No public hearing is planned, but one The proposed regulations would also AGENCY: Coast Guard, DOT. may be held if the written requests for establish safety measures of 5 short ACTION: Notice of proposed rulemaking. a hearing are received, and it is whistle or horn blasts from a patrol determined that the opportunity to vessel to signal any and all vessels to SUMMARY: The Coast Guard is proposing make oral presentations will add to the take immediate steps to avoid collision. to establish permanent special local rulemaking process. The display of an orange distress smoke regulations for the Miami Super Boat signal from a patrol vessel would be the Race. This event will be held annually Discussion of Proposed Regulations signal for any and all vessels to stop on the second Sunday of June, between The proposed regulations are needed immediately. All spectators not in the 12:30 p.m. and 3:30 p.m. Eastern to provide for the safety of life during designated spectator areas above would Daylight Time. Historically, there have the Miami Superboat Race. This event be required to remain clear of the race been approximately 35 participant and will be held annually on the second area at all times. 200 spectator craft. The resulting Sunday of June, between 12:30 p.m. and congestion of navigable channels creates 3:30 p.m. Eastern Daylight Time. These Regulatory Evaluation an extra or unusual hazard in the regulations are intended to promote safe This proposal is not a significant navigable waters. These proposed navigation on the waters off Miami regulatory action under Section 3(f) of regulations are necessary to provide for Beach during the races by controlling the Executive Order 12866 and does not the safety of life on navigable waters the traffic entering, exiting, and require an assessment of the potential during the event. By establishing these traveling within these waters. costs and benefits under Section 6(a)(3) proposed permanent regulations, the Historically, there have been of that Order. It has been exempted from Coast Guard expects to give better notice approximately 35 participant and 200 review by the Office of Management and of requirements related to marine spectator craft during the race. The Budget under that order. It is not events, and also avoid the recurring anticipated concentration of spectator significant under the regulatory policies costs of publication related with and participant vessels associated with and procedures of the Department of temporary regulations. However, the the Miami Super Boat Race poses a Transportation (DOT) (44 FR 11040; establishment of these proposed safety concern, which is addressed in February 26, 1979). The Coast Guard permanent regulations would not these proposed special local regulations. expects the economic impact of this relieve the event organizers from The resulting congestion of navigable proposed rule to be so minimal that a Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13123 full Regulatory Evaluation under PART 100Ð[AMENDED] p.m. Eastern Daylight Time annually paragraph 10e of the regulatory policies during the second Sunday of June. and procedures of DOT is unnecessary. Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35. Dated: March 14, 1996. The proposed regulation would last for Roger T. Rufe, Jr., only 4 hours each day of the event. 2. A new section 100.714 is added to read as follows: Rear Admiral, U.S. Coast Guard, Commander, Small Entities Seventh Coast Guard District. § 100.714 Annual Miami Super Boat Race; [FR Doc. 96–7303 Filed 3–25–96; 8:45 am] Under the Regulatory Flexibility Act Miami Beach, FL. BILLING CODE 4910±14±M (5 U.S.C. 601 et seq.), the Coast Guard (a) Definitions: (1) Regulated Areas. must consider whether this proposal The regulated area includes the race will have a significant economic impact course area, the spectator area, and a 33 CFR Part 183 on a substantial number of small buffer zone. [CGD 95±041] entities. ‘‘Small entities’’ include (i) The race course area is formed by independently owned and operated a line joining the following points: Propeller Injury Prevention Aboard small businesses that are not dominant 25°46.3′ N, 080°07.85′ W; thence to, Rental Boats in their field and that otherwise qualify 25°46.3′ N, 080°06.82′ W; thence to, as ‘‘small business concerns’’ under 25°51.3′ N, 080°06.2′ W; thence to, AGENCY: Coast Guard, DOT. Section 3 of the Small Business Act (15 25°51.3′ N, 080°07.18′ W; thence along the ACTION: Advance notice of proposed U.S.C. 632). shoreline to the starting point. rulemaking. For reasons set forth in the above All coordinates referenced use datum: Regulatory Evaluation, the Coast Guard NAD 1983. SUMMARY: The purpose of this Advance certifies under 5 U.S.C. 605(b) that this (ii) A spectator area is established in the Notice of Proposed Rulemaking proposal, if adopted, would not have a regulated area for spectator traffic and is (ANPRM) is to gather current, specific, significant economic impact on a defined by a line joining the following and accurate information about the points, beginning from: substantial number of small entities. injuries involving propeller strikes and 25° 51.3′ N, 080° 06.15′ W; thence to, rented boats. In a request for comments Collection of Information 25° 51.3′ N, 080° 05.85′ W; thence to, published May 11, 1995, the Coast 25° 46.3′ N, 080° 06.55′ W; thence to, Guard solicited comments from all These proposed regulations contain 25° 46.3′ N, 080° 06.77′ W; and back to the segments of the marine community and no collection of information starting point. other interested persons on various requirements under the Paperwork All coordinates referenced use datum: aspects of propeller accident avoidance Reduction Act (44 U.S.C. 3501 et seq.). NAD 1983. aboard houseboats and other Federalism (iii) A buffer zone of 300 feet is displacement type recreational vessels. established between the race course and The information received was This action has been analyzed in the spectator area. voluminous, but was too general to be accordance with the principles and (2) Coast Guard Patrol Commander. helpful. Consistent with the President’s criteria contained in Executive Order The Coast Guard Patrol Commander is Regulatory Reinvention Initiative, the 12612, and it has been determined that a commissioned, warrant, or petty Coast Guard is interested in obtaining the rulemaking does not have sufficient officer of the Coast Guard who has been maximum public involvement before it Federalism implications to warrant the designated by the Captain of the Port, makes any decision that would impose preparation of a Federalism Assessment. Miami, Florida. a new burden on the regulated Environmental Assessment (b) Special local regulations: (1) Entry community. Information gathered in into the race course area by other than response to this ANPRM will The Coast Guard has considered the event participants is prohibited unless supplement that which the Coast Guard environmental impact of this proposal otherwise authorized by the Coast received in response to the request for and has concluded that preparation of Guard Patrol Commander. At the comments and will be used to an Environmental Impact Statement is completion of scheduled races and determine the appropriate Federal and not necessary. An Environmental departure of participants from the State roles in reducing propeller-strike Assessment and Finding of No regulated area, traffic may resume incidents, whether governmental Significant Impact are available in the normal operations. At the discretion of intervention is appropriate and, if so, docket for inspection or copying where the Coast Guard Patrol Commander, whether it should be directed at the indicated under ADDRESSES. The Coast between scheduled racing events, traffic vessels, their manufacturers, their Guard has concluded that this proposed may be permitted to resume normal operators or owners, or the companies action would not significantly affect the operations. leasing such vessels. This ANPRM also (2) A succession of not fewer than 5 quality of the human environment. announces one public meeting at Coast short whistle or horn blasts from a Guard Headquarters at which List of Subjects in 33 CFR Part 100 patrol vessel will be the signal for any individuals and interested parties may and all vessels to take immediate steps Marine safety, Navigation (water), make oral presentations about the to avoid a collision. The display of an Reporting and record keeping propeller strike avoidance issue. The orange distress smoke signal from a requirements, Waterways. Coast Guard has also arranged four other patrol vessel will be the signal for any Proposed Regulations and all vessels to stop immediately. opportunities, throughout the country, (3) Spectators not in the designated for those interested in this subject to in consideration of the foregoing, Part spectator areas, defined in paragraph (a) express their views. 100 of Title 33, Code of Federal of the regulated area, are required to DATES: Comments must be received on Regulations, is proposed to be amended maintain clear of the race course area at or before September 1, 1996. as follows: all times. ADDRESSES: Comments may be mailed to 1. The authority citation for Part 100 (c) Effective Dates: This section is the Executive Secretary, Marine Safety continues to read as follows: effective at 12 p.m. and terminates at 4 Council (G–LRA/3406)(CGD95–041), 13124 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

U.S. Coast Guard Headquarters, 2100 13 boat and engine manufacturers, and 5. Some States have laws requiring Second Street SW., Washington, DC six naval architects or marine boat operators to complete a boating 20593–0001, or may be delivered to consultants. safety course. room 3406 at the above address between a. To what extent do available data Solicitation of Views 8 a.m. and 3 p.m., Monday through indicate whether boater behavior Friday, except Federal holidays. The While available data in the Coast patterns, a lack of boating education, or telephone number is (202) 267–1477. Guard’s regulatory docket on this a lack of boating law enforcement The Executive Secretary maintains the subject does not fully support the costs contribute to the incidence of propeller- public docket for this notice. Comments or burdens that would be imposed by strike accidents involving rental boats? will become a part of this docket and Federal regulation, the number of b. Do data indicate whether will be available for inspection or responses received to the request for mandatory boating education for copying at room 3406, U.S. Coast Guard comments indicates a great deal of individuals renting boats with Headquarters. public interest in whether and how the propellers significantly contribute to a FOR FURTHER INFORMATION CONTACT: Federal Government should act to reduction in the number of propeller- Mr. Randolph Doubt, Project Manager, prevent propeller-strike accidents. strike accidents? c. If so, do data indicate what type of Recreational Boating Product Assurance Persons submitting comments should Division, (202) 267–0984. boating education would be the most do as directed under REQUEST FOR effective? SUPPLEMENTARY INFORMATION: COMMENTS above, and reply to the d. What other vessel operator-oriented following specific questions. Form Request for Comments requirements might reduce the letters simply citing anecdotal evidence incidence of propeller-strike accidents The Coast Guard encourages or stating support for, or opposition to involving rental boats? interested persons to submit written regulations, without providing e. What economic or other burdens data, views or arguments. Persons substantive data or arguments do not would be imposed on companies leasing submitting comments should include supply support for regulations. recreational boats if either the Federal or their names and addresses and identify 1. The Coast Guard is making an effort State Government was to require this notice (CGD 95–041). Please submit to improve its database of recreational education of individuals renting two copies of all comments and boating accidents resulting in injuries propeller-driven boats? attachments in an unbound format, no which require medical treatment 6. The two fatal accidents mentioned larger than 81⁄2 by 11 inches, suitable for beyond first aid. Part of that effort above occurred when individuals were copying and electronic filing. Persons consists in trying to determine the in the water astern of the vessels and the wanting acknowledgment of receipt of extent to which accidents involving vessels were put in reverse. While comments should enclose a stamped, propeller strikes by rented boats are a limited operator visibility astern may self-addressed postcard or envelope. problem. What information is available have contributed to the accidents, the The Coast Guard will consider all regarding the incidence of propeller- transom is also the usual location for comments received during the comment strike injuries or fatalities involving swim platforms and boarding ladders period. individuals who rent boats, and what for swimmers. Do available data Background Information trends, if any, do the data indicate? indicate whether vessel design features contribute to the incidence of propeller- The Coast Guard published a request 2. To what extent are data available to indicate whether the type of propulsion strike accidents involving rental boats? for comments on propeller accidents If so, what vessel design features might involving houseboats and other (e.g., outboard motor, inboard engine or inboard-outboard engine) contributes to reduce the incidence of propeller-strike displacement type recreational vessels accidents involving rental boats? on May 11, 1995 [60 FR 25191]. In a the incidence of propeller-strike accidents involving rental boats? 7. Are there any proven technologies second Federal Register notice that would help reduce the risk of published August 9, 1995, the Coast 3. In two fatal accidents during the propeller-strike accidents involving Guard reopened and extended the last several years, one on Lake Shasta rented boats? What technologies are comment period until November 7, and one on Lake Havasu, the victim was unacceptable, and for what reasons? 1995. The Coast Guard received 1,994 in the water and was struck by the 8. The two fatal accidents mentioned responses. More than 1,800 of these propeller when a rental houseboat was above involved rental houseboats. If the were form letters from individuals who put in reverse and backed into them. Coast Guard developed regulations in support the development of regulations Several other houseboat accidents have this area, how should it define the term, to require the use of propeller guard resulted in injuries. The Coast Guard is ‘‘houseboat?’’ Are there any other vessel technology or pump jet propulsion on interested in determining whether types the Coast Guard should consider vessels used in the rental houseboat accidents involving propeller strikes regulating? If so, what vessels, if any, industry. An additional 69 comments and rented houseboats occur should be excepted from such supporting the development of nationwide, or are limited to a few regulations? regulations to prevent the incidence of States or bodies of water. If the latter is 9. What, if any, types of information propeller-strike accidents were received the case, do any particular hazardous should be displayed on boats and/or from accident victims and their local conditions contribute to the motors leased, rented or chartered for relatives, attorneys, physicians, State likelihood of such accidents? If so, the noncommercial use for the purpose of law enforcement agencies, Coast Guard is interested in determining alerting operators or passengers to the manufacturers of devices designed to the nature and location of those dangers of a propeller strike? prevent propeller-strike accidents, and conditions. 10. What are the economic and other other individuals. Comments opposing 4. To what extent are data available impacts on companies renting boats or regulations were received from 57 on the relationship between the other entities if the Coast Guard were to boaters, nine houseboat livery operators consumption of alcohol or the use of require companies to retrofit such and marinas, members of 10 controlled substances and propeller- vessels with devices or methods of associations, committees, or councils, strike accidents involving rental boats? propulsion designed to reduce the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13125 incidence of propeller-strike accidents? in the Camden Room at the Samoset (HAP). When no emission standard has In considering regulations, the Coast Resort in Rockland, ME (April 29–30, been promulgated under section 112(d) Guard must assess the potential adverse 1996). of the Act, determinations concerning impacts on small business entities. To From 1 to 4 p.m., Monday, May 6, such sources must be made on a case- what extent are small entities engaged 1996 in Room 2415 of Coast Guard by-case basis. Today’s notice announces in leasing recreational boats? Headquarters in Washington, DC. the availability of a revised draft of the 11. a. How many companies are From 10 a.m. to 12 p.m., Sunday, May proposed rule which implements currently leasing propeller-driven boats 19, 1996 at the Southern States Boating section 112(g)(2)(B) of the Act with for bareboat charters by the recreational Law Administrator Conference at the respect to constructed or reconstructed boating public? How many vessels are Royal Sonesta Hotel in New Orleans, LA major sources, and requests comment on involved and on which bodies of water? (May 18–22, 1996). the revised draft. The EPA does not b. How many companies are currently Those wishing to give an oral intend at this time to issue a rule offering propeller-driven uninspected presentation should submit their name, implementing the provisions of section boats for charter by the recreational address, and organization represented 112(g) which concern modifications. boating public? How many vessels are (if any) at least seven days prior to the involved and on which bodies of water? particular meeting or event, to DATES: The revised draft of the proposed 12. What adverse impacts might result COMMANDANT (G–NAB–6), room rule will be available in the public from a regulation requiring livery 1505, U.S. Coat Guard Headquarters, docket and on the EPA electronic companies to verbally brief individuals 2100 Second Street SW., Washington, bulletin board on the date this renting propeller-driven boats about the DC 20593–0001, Attn: Mr. Jay Doubt. document is signed. Comments dangers of propeller-strike accidents, Individuals wishing to give an oral concerning this document or the revised and requiring individuals chartering presentation who fail to notify the Coast draft rule must be received by EPA on such vessels to acknowledge receiving Guard within seven days of a particular or before April 25, 1996. the information? meeting or event will be allowed to do ADDRESSES: The revised draft rule and 13. Under current Federal statutes (46 so if time permits. other information pertaining to the U.S.C. 4306), the States do not have the Those giving oral presentations are proposed rule are contained in Docket authority to establish carriage reminded of the necessity to also Number A–91–64. The docket is requirements for associated equipment, furnish written comments, if those available for public inspection and such as a mechanical means for comments are intended for inclusion in copying from 8:30 a.m. to 12:00 p.m. preventing propeller strikes, on vessels the regulatory docket. and 1:00 p.m. to 3:00 p.m., Monday operated on waters where both the Coast The Coast Guard will consider all through Friday, at the EPA’s Air Docket Guard and the State have jurisdiction. relevant comments in determining what Section, Waterside Mall, Room M1500, However, a State may impose more action may be necessary to address EPA, 401 M Street, Southwest, stringent requirements on vessels such propeller accidents involving rented Washington, DC 20460. A reasonable fee as rental boats on waters subject to the propeller-driven vessels. may be charged for copying. The draft State’s exclusive jurisdiction, so long as Dated: March 15, 1996. rule is also available on the Office of Air Quality Planning and Standards such a requirement is not imposed upon Rudy K. Peschel, vessel manufacturers. What is the (OAQPS) electronic bulletin board, the Rear Admiral, U.S. Coast Guard, Chief, Office Technology Transfer Network (TTN), proper role for the States in reducing of Navigation Safety and Waterway Services. propeller-strike accidents involving under Clean Air Act, Title III, Recently [FR Doc. 96–7304 Filed 3–25–96; 8:45 am] rented boats? If the Coast Guard allowed Signed Rules. For information on how the States to regulate the equipment BILLING CODE 4910±14±M to access the TTN, please call (919) 541– carried, or the use of rental boats, how 5384 between the hours of 1:00 p.m. and would interstate commerce be affected? 5:00 p.m. eastern standard time. ENVIRONMENTAL PROTECTION Comments concerning this notice or Open Meetings AGENCY the revised draft rule should be A subcommittee of the National 40 CFR Part 63 submitted (in duplicate if possible) to: Boating Safety Advisory Council, and Central Docket Section (6102), EPA, the National Association of State [FRL±5446±8] Attn: Air Docket No. A–91–64, Boating Law Administrators are Washington, DC 20460. studying the propeller injury prevention Proposed Requirements for Control issue. The Coast Guard invites Technology Determinations for Major FOR FURTHER INFORMATION CONTACT: Ms. interested parties and the public to Sources in Accordance With Clean Air Gerri Pomerantz, telephone (919) 541– make brief oral presentations about the Act (Act) Section 112(g) 2371, or Ms. Kathy Kaufman, telephone propeller injury prevention issue during (919) 541–0102, Information Transfer AGENCY: Environmental Protection the following meetings or events: and Program Integration Division (MD– From 5 to 7 p.m., Monday, April 22, Agency (EPA). 12), OAQPS, EPA, Research Triangle 1996 at the National Water Safety ACTION: Notice of reopening of comment Park, NC, 27711. period; notice of availability of draft Congress Professional Development SUPPLEMENTARY INFORMATION: The rule. Seminar at the Boardwalk Resort in information in this notice is organized Panama City, FL, (April 23–25, 1996). SUMMARY: The EPA is reopening the as follows: From 3 to 5 p.m., Monday April 29, comment period for the proposed rule 1996 at the National Boating Safety implementing section 112(g) of the Act I. Background and Major Differences between and is announcing the availability of a the Proposed Rule and Draft Final Rule Advisory Council Meeting at the Parc II. Definition of ‘‘Construct a Major Source’’ Fifty-Five Hotel in San Francisco, CA revised draft of the proposal. Section III. Review of Applications for a maximum (April 27–29, 1996). 112(g) establishes requirements for achievable control technology (MACT) From 8:30 to 10:30 a.m., Wednesday owners or operators who intend to Determination May 1, 1996 at the Northeastern States construct, reconstruct, or modify a IV. Extensions of Compliance Date for Boating Law Administrators Conference major source of hazardous air pollutants Subsequent Emission Standards 13126 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

I. Background and Major Differences time of construction or reconstruction, environmentally beneficial alternative Between the Proposed Rule and Draft when controls are most cost-effective to means of control. Final Rule install. This is a major streamlining and Finally, the program must be as simplification step that will focus In designing a program to implement consistent as possible with other section 112(g) implementation where it MACT requirements under section Federal air pollution control programs, will provide the greatest reduction in 112(g), the EPA is guided by the need and must be simple enough to ensure emissions to the environment, certainty to balance several, often competing, smooth implementation. Today’s draft to the regulated community, and reduce goals. Given a complex statutory rule eliminates much of the complexity the overall administrative burden on mandate, the EPA has the difficult task inherent in the portion of section 112(g) both regulators and the regulated of designing a rule that is which covers modifications to existing community. sources. Among other things, under this simultaneously environmentally The EPA’s decision to implement protective, maintains consistency across simpler approach, it will not be only the construction and necessary to proceed with development Agency programs, minimizes the reconstruction provisions of section administrative burden on sources and of de minimis emission values or the 112(g) is premised in part on the hazard ranking system necessary to States, provides flexibility to sources, Agency’s ability to issue the remaining and maintains enforceability—yet is not support offset determinations. It will MACT standards under section 112(d) also not be necessary to address the overly complex. The EPA’s task is to in a timely way, and also in part on the create a coherent regulatory whole that multitude of issues and concerns, raised assumption that where there are existing in the proposed rule, associated with strikes the right balance among a broad State air toxics programs that address set of goals. defining the types of operations that modifications, they will continue to would be considered ‘‘modifications.’’ Section 112(g) is primarily a operate as they do currently. If there transitional program designed to operate were substantial delays in issuance of II. Definition of ‘‘Construct a Major until MACT standards issued under MACT standards, or radical changes to Source’’ section 112(d) are in effect for all existing State programs, increased categories of major sources of HAP. To Today’s draft rule does require exposure to emissions from unregulated additional discussion to clarify the date, the EPA has issued 17 MACT sources of HAP could occur and standards covering 29 categories of conditions under which a stationary threaten public health and the source would require a new source major sources of HAP emissions, and environment. If such delays were to has proposed five additional MACT MACT determination; i.e., what criteria occur, the EPA would reconsider must be met for new equipment to be standards covering 18 source categories. whether to move forward to cover The EPA is currently developing all of considered construction or modifications under section 112(g). reconstruction of a major source. The the MACT standards that are due to be The EPA believes that Congress’s new equipment which would meet completed in 1997, as well as several of basic goal in adopting section 112(g) of these criteria is referred to as the the standards due to be completed in the Act was to make use of the ‘‘affected source.’’ The EPA intends that 2000. opportunity for environmental either a major source constructed on a The EPA has concluded that the protection that exists when major greenfield site, or a new major-emitting greatest benefits to be derived from sources of HAP undergo changes that stationary source with a discrete section 112(g) would be from the control would lead to significant emission function at an existing plant site, such of major source construction and increases. The opportunity to evaluate as a new discrete process or production reconstruction in the period before these emission control technologies, or other unit, should be considered construction MACT standards go into effect. beneficial ways to bring about of a major source, and thus require a Therefore the EPA has determined that environmental improvements, generally new source MACT determination. The today’s draft rule should implement exists because the environmental stationary source must also itself be only that portion of section 112(g) improvements are more efficient when inherently major-emitting; the EPA does which requires new source MACT built as part of the initial design. determinations for constructed and The EPA also recognizes that it is not intend that a new process unit reconstructed major sources, but not critical to the success of the program to causing increased emissions at another that portion which requires existing ensure that its provisions are unit downstream should be covered by source MACT determinations for enforceable and provide the greatest today’s draft rule. The EPA requests modifications of existing sources. The possible incentive for compliance. At comment on this overall approach. EPA requests comment on this the same time, the EPA recognizes the Figure (1) illustrates how the approach. need to minimize administrative delays definition of ‘‘construct a major source’’ Under this approach, sources of toxic and grant sources and permitting works. air pollution will be controlled at the authorities the flexibility to seek BILLING CODE 6560±50±P Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13127

BILLING CODE 6560±50±C 13128 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

If the stationary source is constructed applied to area sources that are within equipment with next generation etching, on a greenfield site and is major- the definition of a ‘‘green-field site.’’ plating or photolithography equipment. emitting, then the stationary source is Box (ii) asks: Is the new stationary This equipment change would not an affected source under section 112(g), source an integral component of a larger trigger section 112(g), because the and must apply new source MACT. If process or production unit? If the source individual etching or plating or the stationary source is being is a discrete process unit or production photolithography equipment is the kind constructed at an existing plant site, unit as defined in the rule, and of component upon which the then several other criteria will emissions from the source exceed the functioning of the larger production determine whether it is to be considered major source threshold, it meets the process relies. Therefore the function of an affected source under section 112(g), definition of an ‘‘affected source’’ under the new stationary source (the new and must apply new source MACT. section 112(g) and is subject to new etching, plating, or photolithography Box (i) (the box labels refer back to the source MACT control. The EPA requests equipment) and the larger production sections of the ‘‘construct a major comment on this exclusion. process are interdependent. source’’ definition in the draft rule) What does it mean to be an integral 2. An aluminum reduction plant has asks: Will the stationary source be component of a larger process or several potlines. Each potline consists of controlled by existing emission control production unit? Today’s rule defines many pots, which are controlled using equipment which the permitting ‘‘integral component of a larger process a common dry scrubbing system. The authority has determined represents one or production unit’’ to be a stationary company replaces a few pots on each of the best technologies for control of source or group of stationary sources line. This equipment change would not HAP? If a new source can be whose function, and the function of the trigger section 112(g), because the incorporated into such existing control process unit or production unit, are individual pots are the kind of technology without any reduction in the interdependent. In other words, the component upon which the functioning degree of control of HAP, the new stationary source is the kind of of the larger production process relies. source would not be considered component upon which the functioning Therefore the function of the new ‘‘construction’’ under section of the process or production unit relies, stationary source (the new pots) and the 112(g)(2)(B). The state permitting and vice versa. Equipment which is an larger production process are authority will be responsible for integral component of a process or interdependent. determining whether these criteria production unit is part of the 3. A chemical plant builds a new apply, using those procedures it deems functioning of the overall process or distillation column, to be added to a most appropriate. production unit. Under the proposed series of distillation columns, the The general purpose of this exclusion definition, equipment which is not an emissions from which are collected at from the definition of ‘‘construct a major integral component itself comprises a the end of the series and vented to a source’’ is to assure that facilities which process or production unit. carbon absorber. This equipment change have previously installed good control The EPA acknowledges that there is would not trigger section 112(g), equipment with presently unutilized some room for judgment in determining because the individual distillation capacity will not be precluded from if a stationary source is an integral columns are the kind of component fully utilizing such equipment by any component of a larger unit. Each upon which the functioning of the larger marginal differences in control individual determination should be production process relies. Therefore the effectiveness between such equipment based on answers to the following function of the new stationary source and that required by new source MACT. questions: Is the new stationary source (the new distillation column) and the Existing controls should be deemed a component critical to the function of larger production process are satisfactory only where they are the larger process or production unit? interdependent. representative of the best technologies Could the stationary source stand alone 4. A composites manufacturer adds presently in use and the addition of new as an individually functioning unit if additional vacuum and/or in-mold sources to existing control equipment constructed elsewhere? Could the coating capability to an existing mold, will not impair its overall effectiveness. stationary source be reasonably in order to improve surface quality. This The rule also explicitly recognizes that controlled independently of the larger equipment change would not trigger some facilities have previously installed process? Reference documents such as section 112(g), because the additional such controls to comply with a best AP–42 1 describe examples of different components of the mold are the kind of available control technology (BACT) groupings of stationary sources that components upon which the determination (that controls the HAP should be considered to be separately- functioning of the larger production emitted by the stationary source) under controlled processes, as well as those process relies. Therefore the function of the prevention of significant stationary sources, contained within the new stationary source (the new deterioration (PSD) program, a lowest- such processes, which should be components of the mold) and the larger achievable emission rate (LAER) considered integral components. production process are interdependent. determination under the new source Examples in these reference documents, 5. A glass manufacturer adds a new review (NSR) program, or a toxics-best where relevant, should be used to define glass furnace and associated process available control technology (T-BACT) a process or production unit. line which will emit HAPs in amounts determination under a State or local air The following examples should help above the major source threshold. This toxics control program. The EPA illustrate where section 112(g) should is an example of a stationary source requests comment on this exclusion. and should not apply. The EPA requests which is not an integral component of The EPA notes that the definition of comment on these examples. a process or production unit, because it a ‘‘green-field site’’ in the draft rule 1. An electronics manufacturing is itself a production or process unit. includes developed sites which do not facility replaces individual Therefore the new furnace meets the presently emit major source quantities manufacturing equipment such as definition of ‘‘affected source’’ under of HAP. EPA therefore requests etching, plating, or photolithography section 112(g) and should be controlled comment concerning whether the with new source MACT. exclusion for new sources that use 1 U.S. EPA, AP–42, ‘‘Compilation of Air Pollutant 6. A composites manufacturer adds a existing emission controls should be Emission Factors,’’ 5. ed., January 1995. new large molding line which will emit Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13129

HAPs in amounts above the major Approval.’’ Today’s draft rule adds one MACT standard, a later compliance date source threshold. This is an example of more option, designed to provide for those sources which have installed a stationary source which is not an flexibility to the permitting authority controls pursuant to section 112(g), and integral component of a process or and the source. Proposed section have provided the EPA with data on production unit, because the molding 63.43(c)(2)(ii) provides that if a their section 112(g) control line is itself a separately functioning permitting authority establishes, or has determination by the end of the public process unit. Therefore the molding line already established, preconstruction comment period on the subsequent meets the definition of ‘‘affected source’’ review procedures for sources to follow, Federal standard. under section 112(g) and should be then these procedures may be used in The EPA requests comment on this controlled with new source MACT. lieu of any procedures prescribed by approach, and on whether such sources 7. An auto parts manufacturer adds a today’s draft rule. The permitting should be required to inform EPA, new automobile surface coating line authority’s prescribed procedures may before proposal of the subsequent (i.e., from body shop to trim shop) have been developed for other purposes MACT standard, that they have installed which will emit HAPs in amounts above beyond implementation of section section 112(g) controls. the major source threshold. This is an 112(g), so long as they provide for In those instances where the example of a stationary source which is public participation in the case-by-case subsequent MACT standard does not not an integral component of a process MACT determination and ensure that a establish a compliance date for sources or production unit, because the line is final MACT determination will be made subject to a prior case-by-case MACT itself a separately functioning process prior to construction or reconstruction. determination, the present draft rule unit, as described in AP–42. Therefore The draft rule also provides that a final retains the provision from the original the coating line meets the definition of case-by-case MACT determination proposal authorizing the permitting ‘‘affected source’’ under section 112(g) issued pursuant to any of these authority to grant up to eight years of and should be controlled with new procedures will be deemed federally additional time for the affected source to source MACT. enforceable. The permitting authority comply with the subsequent MACT 8. An existing chemical plant builds need not obtain delegation under 40 standard. The EPA has previously a new nitric acid plant onsite which CFR Part 63 subpart E in order to adopt explained that the structure of section will emit HAPs in amounts above the its own review procedures for a case-by- 112 as a whole supports such a major source threshold. This is an case MACT determination. The EPA construction of section 112(g), and a example of a stationary source or group requests comment on this new source may also be afforded up to 8 of stationary sources which is not an provision. years to comply with a MACT standard integral component of a process or The EPA also requests comment in instances where a prior emission production unit. Therefore the nitric specifically on the presumption, in limitation has been established by acid plant meets the definition of section 63.43(d)(iv), that the constructed permit under section 112(j). The EPA ‘‘affected source’’ under section 112(g) or reconstructed major source should requests comment on these provisions and should be controlled with new comply with the emission limitation set and this interpretation. source MACT. out in a relevant proposed MACT 9. A manufacturer replaces an entire standard or presumptive MACT Dated: March 18, 1996. process which is similar to an entire determination made by the EPA. The Mary D. Nichols, process as it is described in AP–42. This EPA believes that sources would be Assistant Administrator. is an example of a stationary source or well-advised to comply with such [FR Doc. 96–7277 Filed 3–25–96; 8:45 am] group of stationary sources which is not emission limitations, as those BILLING CODE 6560±50±P an integral component of a process or limitations would be most likely to be production unit. Therefore the process consistent with the requirements of the meets the definition of ‘‘affected source’’ eventual MACT standard. 40 CFR Part 261 under section 112(g) and should be [FRL±5446±3] controlled with new source MACT, IV. Extensions of Compliance Date for provided that it will emit HAPs in Subsequent Emission Standards RIN 2050±AE31 amounts above the major source The EPA anticipates that new source Identification and Listing of Hazardous threshold. MACT requirements adopted with respect to construction or reconstruction Waste; Amendments to Definition of III. Review of Applications for a MACT of a particular source under section Solid Waste Determination 112(g)(2)(B) will normally be at least as AGENCY: Environmental Protection Today’s draft rule contains three stringent as any subsequent Agency. options for preconstruction review requirements for existing sources ACTION: Proposed rule. procedures for constructed and adopted as part of a MACT standard reconstructed major sources. The issued under section 112(d). However, SUMMARY: EPA is proposing to correct permitting authority has discretion to should a subsequently promulgated the text of a regulatory exclusion from prescribe those procedures to be used in MACT standard impose more stringent the regulatory definition of solid waste making a case-by-case MACT requirements, EPA believes that it may for recovered oil which is inserted into determination for constructed or be appropriate in some instances for the petroleum refining process. The reconstructed major sources (except that EPA to establish a later compliance date current text of the exclusion contains a the owner or operator of the source may for those sources which have acted in factual error inappropriately limiting elect to use the part 70 or part 71 reliance on a prior case-by-case MACT the location in the refining process at permitting process). The proposed rule determination. The draft rule expressly which recovered oil can be inserted. allowed use of either the part 70 or 71 provides that EPA may establish The result of this error is to restrict permitting process or a process, separate compliance dates for facilities legitimate recycling of recovered oil. described in the proposed rule and in which have notified EPA of such The proposed correction also in fact today’s draft rule, culminating in determinations in a timely manner. reflects the result EPA initially issuance of a ‘‘Notice of MACT Specifically, EPA may establish, in the intended, which was to condition the 13130 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules exclusion of recovered oil on that oil I. Authority (3) materially alter the budgetary being reinserted into the petroleum These regulations are being proposed impact of entitlement, grants, user fees, refining process at a point where that under the authority of Sections 2002 or loan programs or the rights and process removes or will remove and 3001 et seq. of the Solid Waste obligations of recipients thereof; or contaminants. Disposal Act, as amended by the (4) raise novel legal or policy issues In the final rules Section of today’s Resource Conservation and Recovery arising out of legal mandates, the Federal Register, EPA is promulgating Act, as amended by the Hazardous and President’s priorities, or the principles this amendment as a final rule without Solid Waste Amendments of 1984, 42 set forth in the Executive Order. prior proposal because EPA views this U.S.C. 6912 and 6921 et seq. It has been determined that this as a noncontroversial action which amendment to the final rule is not a corrects an unintended mistake, and so II. Background ‘‘significant regulatory action’’ under anticipates no adverse comments. A As set out in detail in the related the terms of the Executive Order and is detailed rationale for the amendment is direct final rule, EPA is proposing to therefore not subject to OMB review. set forth in the final rule. If no adverse correct an error in the text of a B. Regulatory Flexibility Act comments are received in response to regulatory exclusion (found at this proposal, no further activity is 261.4(a)(12)), regarding the location in a The Regulatory Flexibility Act, 5 contemplated in relation to this petroleum refining process at which U.S.C. 601–602, requires that Federal proposed rule. If EPA receives adverse recovered oil can be inserted in order to agencies examine the impacts of their comments, EPA will withdraw the final be excluded from the authority of RCRA regulations on ‘‘small entities’’. If a rule and all public comments received subtitle C. The test for point of insertion rulemaking will have a significant will be addressed in a subsequent final should be at or before any point in the impact on a substantial number of small rule based on the proposed rule. EPA process that removes contaminants from entities, agencies must consider will not institute a second comment recovered oil.1 The current regulatory regulatory alternatives that minimize period on this action. text limiting insertion to locations economic impact. EPA believes that this amendment DATES: Comments on this proposed rule before distillation and catalytic cracking is too restrictive because there are will have negligible impact on any small must be received on or before April 24, entity because it expands the terms of 1996, and notice of intent to file adverse points in the petroleum process downstream of these unit operations an exclusion from regulation. In comments must be received on or before addition, the underlying rule itself was April 9, 1996. An adverse comment will (such as fractionation) which remove contaminants. The current terms of the deregulatory and so did not have be considered to be any comment significant adverse economic impact on substantively criticizing the proposal on exclusion impede legitimate recycling of recovered oil without providing any small entities. See 59 FR at 38545. a basis not already provided to EPA in Therefore, the Administrator certifies comment. corresponding environmental benefit, and moreover are based on a factual pursuant to 5 U.S.C. 601 et seq., that ADDRESSES: Comments and materials error. Accordingly, EPA believes the this rule will not have a significant supporting this rulemaking are rule should be amended. impact on a substantial number of small contained in Public Docket No. F–96– entities because this amendment SW2P-FFFFF and are located in the EPA III. Additional Information reduces the scope of the RCRA subtitle # RCRA docket, Crystal Gateway 1, 1st For additional information, see the C regulatory program. Floor, 1235 Jefferson Davis Highway, corresponding direct final rule C. Paperwork Reduction Act Arlington, VA. The docket is open from published in the rules section of this 9:00 to 4:00, Monday through Friday, Federal Register. Under the Paperwork Reduction Act, except for Federal holidays. The public 44 U.S.C. 3501 et seq., EPA must must make an appointment to review IV. Regulatory Requirements consider the paperwork burden imposed docket materials by calling (703) 603– A. Executive Order 12866 by any information collection request in 9230. The public may copy a maximum a proposed or final rule. This rule will of 100 pages from any one regulatory Under Executive Order 12866 (58 FR not impose any new information docket at no cost. Additional copies cost 51735, October 4, 1993), the Agency collection requirements. § .15 per page. Persons wishing to notify must determine whether this regulatory D. Unfunded Mandates Reform Act EPA of their intent to submit adverse action is ‘‘significant’’ and therefore comments on this action should contact subject to OMB review and the Title II of the Unfunded Mandates Steven Silverman, Office of General requirements of the Executive Order. Reform Act of 1995 (UMRA), P.L. 104– Counsel (2366), 401 M Street, SW., The Order defines ‘‘significant’’ 4, establishes requirements for Federal Washington, DC 20460. regulatory action as one that is likely to agencies to assess the effects of their lead to a rule that may: regulatory actions on State, local, and FOR FURTHER INFORMATION CONTACT: (1) have an annual effect on the Steven Silverman, (202) 260–7716, tribal governments and the private economy of $100 million or more, or sector. Under section 202 of the UMRA, Office of General Counsel at the above adversely and materially affect a sector address. EPA generally must prepare a written of the economy, productivity, statement, including a cost-benefit SUPPLEMENTARY INFORMATION: competition, jobs, the environment, analysis, for proposed and final rules public health or safety, or State, local, Outline of Today’s Action with ‘‘Federal mandates’’ that may or tribal governments or communities; result in expenditures to State, local, I. Authority (2) create a serious inconsistency or and tribal governments, in the aggregate, II. Background otherwise interfere with an action taken or to the private sector, of $100 million III. Additional Information or planned by another agency; IV. Regulatory Requirements or more in any one year. When a written statement is needed for an EPA rule, A. Executive Order No. 12866 1 The issue of whether this should include B. Regulatory Flexibility Act insertion into petroleum cokers is being addressed section 205 of the UMRA generally C. Paperwork Reduction Act in a separate rulemaking proceeding. 60 FR 57747 requires EPA to identify and consider a D. Unfunded Mandates Reform Act (November 20, 1995). reasonable number of regulatory Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13131 alternatives and adopt the least costly, Authority: 42 U.S.C. 6905, 6912 (a), 6921, Substances Pollution Contingency Plan most cost-effective or least burdensome 6922 and 6938. (NCP), which U.S. EPA promulgated alternative that achieves the objectives 2. Section 261.4 in amended by pursuant to Section 105 of the of the rule. The provisions of section revising paragraph (a)(12) to read as Comprehensive Environmental 205 do not apply when they are follows: Response, Compensation, and Liability inconsistent with applicable law. Act of 1980 (CERCLA) as amended. This Moreover, section 205 allows EPA to § 261.4 Exclusions. action is being taken by U.S. EPA adopt an alternative other than the least (a) * * * because it has been determined that costly, most cost-effective or least (12) Recovered oil from petroleum Responsible Parties and the State of burdensome alternative if the refining, exploration and production, Minnesota have implemented all Administrator publishes with the final and from transportation incident appropriate response actions required. rule an explanation why that alternative thereto, which is to be inserted into the U.S. EPA, in consultation with the State was not adopted. Before EPA establishes petroleum refining process (SIC Code of Minnesota, have also determined that any regulatory requirements that may 2911) at or before a point (other than no further response is appropriate. significantly or uniquely affect small direct insertion into a coker) where Although full compliance with off-site governments, including tribal contaminants are removed. This surface water and ground water governments, it must have developed exclusion applies to recovered oil stored standards has not been demonstrated as under section 203 of the UMRA a small or transported prior to insertion, except yet due to past interruptions in ground government agency plan. The plan must that the oil must not be stored in a water remediation, the State of provide for notifying potentially manner involving placement on the Minnesota has assumed the legal affected small governments, giving them land, and must not be accumulated obligation to carry out the response meaningful and timely input in the speculatively, before being so recycled. action duties, including but not limited development of EPA regulatory Recovered oil is oil that has been to operation and maintenance of the proposals with significant Federal reclaimed from secondary materials remedy and attaining the response intergovernmental mandates, and (such as wastewater) generated from action objectives and cleanup standards. informing, educating, and advising them normal petroleum refining, exploration A determination of compliance with the on compliance with the regulatory and production, and transportation off-site surface water and ground water requirements. practices. Recovered oil includes oil standards will be demonstrated by the Today’s rule contains no Federal that is recovered from refinery State after a longer period of operation mandates (under the regulatory wastewater collection and treatment and maintenance of the remedy. provisions of Title II of the UMRA) for systems, oil recovered from oil and gas Moreover, U.S. EPA and the State have State, local, or tribal governments or the drilling operations, and oil recovered determined that remedial activities private sector because it imposes no from wastes removed from crude oil conducted at the Site to date are and enforceable duties on any of these storage tanks. Recovered oil does not will continue to be protective of public governmental entities or the private include (among other things) oil-bearing health, welfare, and the environment. hazardous waste listed in 40 CFR part sector. The rule merely corrects a factual DATES: Comments concerning the error in the regulatory text of the 261 D (e.g., K048–K052, F037, F038). proposed deletion of the Site from the regulatory definition of solid waste. In However, oil recovered from such NPL may be submitted on or before any event, EPA has determined that this wastes may be considered recovered oil. April 25, 1996. rule does not include a Federal mandate Recovered oil also does not include ADDRESSES: Comments may be mailed to that may result in estimated costs of used oil as defined in 40 CFR 279.1. $100 million or more to either State, Gladys Beard, Associate Remedial * * * * * Project Manager, Office of Superfund, local, or tribal governments in the [FR Doc. 96–7276 Filed 3–25–96; 8:45 am] aggregate, or to the private sector in any U.S. EPA, Region 5, 77 W. Jackson Blvd. BILLING CODE 6560±50±P one year. Thus, today’s rule is not (SR–6J), Chicago, IL 60604. subject to the requirements of sections Comprehensive information on the site is available at U.S. EPA’s Region 5 office 202 and 205 of the UMRA. Similarly, 40 CFR Part 300 EPA has determined that this rule and at the local information repository contains no regulatory requirements that [FRL±5445±8] located at: Anoka County Community might significantly or uniquely affect Health and Environmental Service, National Oil and Hazardous small governments. Anoka County Government Center, Rm. Substances Pollution Contingency 360, 2100 3th Ave., Anoka, MN 55303 List of Subjects in 40 CFR Part 261 Plan; National Priorities List and Andover City Hall, 1685 Crosstown Environmental protection, Hazardous AGENCY: Environmental Protection Blvd. Andover, MN 55304. Requests for waste, Solid Waste, Petroleum, Agency. comprehensive copies of documents should be directed formally to the Recycling. ACTION: Notice of intent to delete the Region 5 Docket Office. The address and Dated: March 19, 1996. Waste Disposal Engineering Inc. site phone number for the Regional Docket Carol M. Browner, from the national priorities list; request Officer is Jan Pfundheller (H–7J), U.S. for comments. Administrator. EPA, Region 5, 77 W. Jackson Blvd., For the reasons set out in the SUMMARY: The United States Chicago, IL 60604, (312) 353–5821. preamble, chapter I of title 40 of the Environmental Protection Agency (U.S. FOR FURTHER INFORMATION CONTACT: Code of Federal Regulations is proposed EPA) Region 5 announces its intent to Lawrence Schmitt, Remedial Project to be amended as follows: delete the Waste Disposal Engineering Manager at (312) 353–6565, Gladys PART 261ÐIDENTIFICATION AND Inc. (Site) from the National Priorities Beard (SR–6J), Associate Remedial LISTING OF HAZARDOUS WASTE List (NPL) and requests public comment Project Manager, Office of Superfund, on this action. The NPL constitutes U.S. EPA, Region 5, 77 W. Jackson 1. The authority citation for part 261 Appendix B of 40 CFR part 300 which Blvd., Chicago, IL 60604, (312) 886– continues to read as follows: is the National Oil and Hazardous 7253 or Susan Pastor (P–19J), Office of 13132 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

Public Affairs, U.S. EPA, Region V, 77 (ii) All appropriate Fund-financed 1984 through 1987. Contaminants of W. Jackson Blvd., Chicago, IL 60604, responses under CERCLA have been concern identified at the site include a (312) 353–1325. implemented, and no further response number of volatile organic compounds action by responsible parties is in ground water, including 1,1,1- SUPPLEMENTARY INFORMATION: appropriate; or trichloroethane, trichloroethene, and Table of Contents (iii) The Remedial investigation has vinyl chloride, at concentrations well I. Introduction shown that the release poses no above Maximum Contaminant Levels. II. NPL Deletion Criteria significant threat to public health or the The site posed potential threats to III. Deletion Procedures environment and, therefore, remedial IV. Basis for Intended Site Deletion human health and the environment measures are not appropriate. through direct contact with wastes, I. Introduction III. Deletion Procedures soils, and leachate seeps; ingestion of The U.S. Environmental Protection ground or surface water impacted by the Upon determination that at least one Agency (EPA) Region 5 announces its site; and possible off-site migration of of the criteria described in 300.425(e) intent to delete the Waste Disposal landfill gas containing hazardous has been met, U.S. EPA may formally Engineering Inc. Site from the National constituents. begin deletion procedures once the State Priorities List (NPL), which constitutes On December 31, 1987, the Regional has concurred. This Federal Register Appendix B of the National Oil and Administrator signed a Record of notice, and a concurrent notice in the Hazardous Substances Pollution Decision (ROD) selecting the following local newspaper in the vicinity of the Contingency Plan (NCP), and requests remedy: comments on the proposed deletion. Site, announce the initiation of a 30-day 1. A multilayer soil cap; The EPA identifies sites that appear to comment period. The public is asked to 2. A ground water containment present a significant risk to public comment on U.S. EPA’s intention to (extraction and treatment) system; health, welfare or the environment, and delete the Site from the NPL. All critical 3. A slurry wall/non-aqueous phase maintains the NPL as the list of those documents needed to evaluate U.S. layer control system for a portion of the sites. Sites on the NPL may be the EPA’s decision are included in the site; information repository and the deletion subject of remedial actions financed by 4. Wetlands replacement; the Hazardous Substance Superfund docket. Upon completion of the public 5. A monitoring program for ground Response Trust Fund (Fund). Pursuant water, surface water, and landfill gas; to Section 300.425(e)(3) of the NCP, any comment period, if necessary, the U.S. EPA Regional Office will prepare a 6. An operation and maintenance site deleted from the NPL remains program; and eligible for Fund-financed remedial Responsiveness Summary to evaluate and address comments that were 7. Institutional controls. actions if the conditions at the site After attempts at negotiating a consent warrant such action. received. The public is welcome to contact the U.S. EPA Region 5 Office to decree with the PRPs failed, U.S. EPA The U.S. EPA will accept comments issued a CERCLA Section 106 Unilateral on this proposal for thirty (30) days after obtain a copy of this responsiveness summary, if one is prepared. If U.S. EPA Administrative Order for Remedial publication of this notice in the Federal Design/Remedial Action (RD/RA) to 28 Register. then determines the deletion from the NPL is appropriate, final notice of PRPs on August 23, 1991. The PRPs Section II of this notice explains the agreed to implement the Order and criteria for deleting sites from the NPL. deletion will be published in the Federal Register. completed the RD for Operable Unit Section III discusses procedures that (OU) 1, the ground water containment EPA is using for this action. Section IV IV. Basis for Intended Site Deletion system, in October 1992. OU1 discusses the history of this site and Construction was initiated in October explains how the site meets the deletion The Waste Disposal Engineering, Inc., 1992 and completed in September 1993. criteria. Site occupies approximately 114 acres Deletion of sites from the NPL does in the City of Andover, Minnesota. The RD for OU2, the multilayer cap, was not itself create, alter, or revoke any Andover has a population of completed in December 1992, with individual’s rights or obligations. approximately 9000 and is located 20 construction completed in August 1994. Furthermore, deletion from the NPL miles north of Minneapolis/St. Paul. The State provided oversight of all RD/ does not in any way alter U.S. EPA’s Land uses in the vicinity of the site RA activities under a cooperative right to take enforcement actions, as include agricultural, commercial, and agreement with U.S. EPA. U.S. EPA and appropriate. The NPL is designed residential, with several subdivisions the State conducted a final inspection of primarily for informational purposes and a stream bordering directly on the the site on August 9, 1994. and to assist in Agency management. site. Some area residents rely on local After the final inspection was ground water as a drinking water completed, the PRPs were required to II. NPL Deletion Criteria supply. discontinue operation of the ground The NCP establishes the criteria the The site operated as an open dump water containment system for several Agency uses to delete Sites from the from 1963 to 1971, and as a landfill months due to difficulties in meeting NPL. In accordance with 40 CFR from 1971 until 1983. Approximately permit requirements for the discharge of 300.425(e), sites may be deleted from 2.5 million cubic yards of solid the ground water to a sanitary sewer. the NPL where no further response is municipal and industrial wastes and 3 The ground water exhibited a low flash appropriate. In making this million gallons of liquid industrial point, creating the hazard of fire or determination, U.S. EPA will consider, wastes were deposited at the site during explosion in the sewer, and the PRPs in consultation with the State, whether this time. The site was proposed for the concluded that the presence of landfill any of the following criteria have been NPL July 16, 1982. The listing was gas in the ground water was responsible. met: finalized on September 8, 1983, Federal U.S. EPA approved the PRP’s proposal (i) Responsible parties or other Register number 175, volume number to construct an air stripping system for persons have implemented all 48 and Page number 40658–40682. the extracted ground water in March appropriate response actions required; A Remedial Investigation/Feasibility 1995 and the system was completed in or Study was conducted at the site from June 1995. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13133

The ground water containment system Cleanup Law. The State has now payment plans to small businesses has operated without interruption since assumed full responsibility for the bidding on the D and E blocks, June 1995, and no further construction remedy at this site, including achieving adjustments to the payment plans is anticipated. U.S. EPA approved the all cleanup levels for the remedy. available to small businesses bidding on Remedial Action Report submitted by Compliance with off-site surface water the D and E blocks, and adjustments to the PRPs and issued the Certification of and ground water cleanup levels must the benefits provided to entrepreneurs Completion of Remedial Construction still be demonstrated. U.S. EPA will in the F block rules that might be required under the Order to the PRPs on proceed in deleting the site from the warranted in light of the fact that 10 August 10, 1995. U.S. EPA has also NPL. MHz licenses are expected to have approved the Operation and EPA, with concurrence from the State lower values than the 30 MHz C block Maintenance Plan and, as a result, only of Minnesota, has determined that licenses. In addition, the Notice routine operating, maintenance, and Responsible Parties and the State of proposes changes to the F block license monitoring are presently required. Minnesota have implemented all transfer restrictions. Activities at the site were consistent The Notice also proposes to resolve appropriate response actions required at with the ROD, and work plans were the question whether, in light of the Waste Disposal Engineering Inc. issued to contractors for design and Cincinnati Bell Telephone Co. v. FCC, Superfund Site, and that no further construction of the RA, including the Commission should for all CERCLA response is appropriate in sampling and analysis. The RD Report, broadband PCS licensees, retain or relax order to provide protection of human including a Quality Assurance Project the cellular/PCS cross-ownership rule health and the environment. Therefore, Plan, incorporated all U.S. EPA and and the attribution rules for cellular EPA proposes to delete the site from the State quality assurance and quality licensees interested in acquiring control (QA/QC) procedures and NPL. Dated: March 11, 1996. broadband PCS licenses. In addition, the protocol. U.S. EPA analytical methods Notice proposes to amend the David A. Ullrich, were used for all validation and ownership information disclosure monitoring samples during remedial Acting Regional Administrator, U.S. EPA, requirements for broadband PCS auction Region V. action activities. applicants, and proposes to auction the The QA/QC program utilized [FR Doc. 96–7163 Filed 3–25–96; 8:45 am] D, E, and F block licenses in concurrent throughout this remedial action was BILLING CODE 6560±50±P auctions. rigorous and in conformance with U.S. This Notice contains proposed or EPA and State standards; therefore U.S. modified information collections subject EPA and the State determined that all FEDERAL COMMUNICATIONS to the Paperwork Reduction Act of 1995 analytical results are accurate to the COMMISSION (PRA). It has been submitted to the degree needed to assure satisfactory Office of Management and Budget execution of the remedial action, and 47 CFR Parts 20 and 24 (OMB) for review under the PRA. OMB, consistent with the ROD and RD plans [WT Docket No. 96±59; GN Docket No. 90± the general public, and other Federal and specifications. 314; FCC 96±119] agencies are invited to comment on the Since 1983 the MPCA and the U.S. proposed or modified information EPA have been involved in numerous Broadband Personal Communications collections contained in this community relations activities Services proceeding. associated with the Waste Disposal DATES: Engineering Site. Numerous fact sheets AGENCY: Federal Communications Comments must be submitted on and news releases were issued Commission. or before April 15, 1996; reply comments must be submitted on or throughout the remedial investigation/ ACTION: Proposed rule. feasibility study (RI/FS). Public before April 25, 1996. Written meetings were held at the beginning of SUMMARY: The Federal Communications comments by the public on the the project on the remedial investigation Commission has adopted a Notice of proposed and/or modified information report and on the proposed remedy. The Proposed Rule Making (‘‘Notice’’) that collections are due April 15, 1996. City of Andover and Anoka County proposes to resolve a number of issues Written comments must be submitted by officials were invited to participate in relevant to the award of licenses for the the Office of Management and Budget the discussions. broadband Personal Communications (OMB) on the proposed and/or modified On September 3, 1987, the MPCA Services (‘‘PCS’’) D, E, and F blocks. The information collections on or before issued a news release on the proposed Notice begins the process of May 28, 1996. remedy and the public meeting. On supplementing the record supporting ADDRESSES: Federal Communications September 8, 1987, U.S. EPA sponsored the gender- and race-based competitive Commission, 1919 M Street, N.W., an ad in the Minneapolis daily paper bidding rules in the wake of Adarand Washington, D.C. 20554. In addition to announcing the beginning of the public Constructors, Inc. v. Pena, but it also filing comments with the Secretary, a comment period. On September 14, tentatively concludes that the copy of any comments on information 1987, a public meeting was held in the Commission should not delay collections contained herein should be Andover City Hall. On September 29, auctioning the remaining broadband submitted to Dorothy Conway, Federal 1987, the public comment period was PCS frequency blocks long enough to Communications Commission, Room closed. On March 17, 1993, an complete that process. Accordingly, the 234, 1919 M Street, N.W., Washington, Environmental News Release Notice proposes to modify the F block D.C. 20554, or via the Internet to announced the operation schedule of auction rules to make them gender- and [email protected], and to Timothy Fain, the cleanup at the site. race-neutral. The Notice also seeks OMB Desk Officer, 10236 NEOB, 725— All the components of the remedy comment on several other matters 17th Street, N.W., Washington, D.C. have been fully implemented. On relating to designated entities and 20503 or via the Internet to November 27, 1995, the site was issued entrepreneurs, including the definitions [email protected]. a Notice of Compliance (NOC) from the of small business and rural telephone FOR FURTHER INFORMATION CONTACT: State under the Minnesota Landfill company, whether to extend installment Mark Bollinger, Wireless 13134 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

Telecommunications Bureau, (202) 418– Total Annual Burden: 77,817 hours. provision of PCS. The standard of 0660. For additional information Estimated costs per respondent: 2,848 review applied to federal programs concerning the information collections dollars. designed to enhance opportunities for contained in this Notice, contact Needs and Uses: The auction rules racial minorities at the time the F block Dorothy Conway at (202) 418–0217, or require broadband PCS applicants for rules were adopted was an intermediate via the Internet at [email protected]. the D, E, and F blocks to submit (1) scrutiny standard. SUPPLEMENTARY INFORMATION: This is a ownership information, (2) terms of 3. In Adarand v. Pen˜ a, the Supreme summary of the Commission’s Notice of joint bidding agreements, (3) net asset (F Court invalidated the intermediate Proposed Rule Making in WT Docket block only) and gross revenues scrutiny standard for federal race-based No. 96–59; GN Docket No. 90–314; FCC calculations, and (4) evidence of programs. The Court held that all racial 96–119, adopted March 20, 1996 and environmental impact. Furthermore, in classifications, imposed by whatever released March 20, 1996. The complete case a licensee defaults or loses its federal, state or local government actor, text of the Notice of Proposed Rule license, the Commission retains the must be analyzed by a reviewing court Making is available for inspection and discretion to re-auction such licenses. If under strict scrutiny. In other words, copying during normal business hours licenses are re-auctioned, the new such classifications are constitutional in the FCC Reference Center (Room license winners would be required at only if they are narrowly tailored to 239), 1919 M Street, N.W., Washington, the close of the re-auction to comply further a compelling governmental D.C. and also may be purchased from with the same disclosure requirements interest. Moreover, as the Court made the Commission’s copy contractor, explained above. clear in Adarand, a strict scrutiny International Transcription Service, The information collected will be standard of review will be applied even (202) 857–3800, 2100 M Street, N.W., used by the Commission to determine if the racial classifications are well Suite 140, Washington, D.C. 20037. whether the applicant is legally, motivated or ‘‘benign.’’ This Notice contains either a technically, and financially qualified to 4. Application of the two-prong strict proposed or modified information bid in the broadband PCS auctions and scrutiny standard of review to collection. The Commission, as part of hold a broadband PCS license. Without provisions designed to encourage its continuing effort to reduce such information the Commission could minority participation in PCS requires paperwork burdens, invites the general not determine whether to issue the the Commission to show (1) that a public and the Office of Management license to the successful applicant and compelling governmental interest exists and Budget (OMB) to comment on the therefore fulfill its statutory for taking race into account in adopting information collections contained in responsibilities in accordance with the such provisions, and (2) that the this Notice, as required by the Communications Act of 1934, as provisions in question are narrowly Paperwork Reduction Act of 1995, Pub. amended. tailored to further the compelling L. No. 104–13. Public and agency SYNOPSIS OF THE NOTICE OF PROPOSED governmental interest established by the comments are due at the same time as RULE MAKING record and findings. Richmond v. J.A. other comments on this Notice; OMB Croson Co., and other cases provide the I. Introduction notification of action is due 60 days Commission with some indications of from date of publication of this Notice In this Notice, the Commission seeks the type of record it might be necessary in the Federal Register. Comments comment on a range of issues pertaining to develop in order to meet the strict should address: (a) whether the to the competitive bidding and scrutiny standard. proposed collection of information is ownership rules for the D, E, and F 5. In Croson, the Court held that necessary for the proper performance of frequency blocks of the Personal remedying past discrimination the functions of the Commission, Communications Services in the 2 GHz constitutes a compelling interest, including whether the information shall band (‘‘broadband PCS’’), and the whether the discrimination was have practical utility; (b) the accuracy of Commission proposes modifications to committed by the government or by the Commission’s burden estimates; (c) these rules. A number of the issues the private actors within its jurisdiction. ways to enhance the quality, utility, and Commission addresses relate to the Other courts have also held remedial clarity of the information collected; and treatment of designated entities, i.e., measures—those intended to (d) ways to minimize the burden of the small businesses, rural telephone compensate for past discrimination—to collection of information on the companies, and businesses owned by be compelling governmental interests. In Croson, however, the Court makes respondents, including the use of members of minority groups and clear that an interest in remedying automated collection techniques or women. In addition, on remand from general societal discrimination could other forms of information technology. the U.S. Circuit Court of Appeals for the OMB Approval Number: N/A. Sixth Circuit, the Commission not be considered compelling because a Title: Amendment of Part 20 and 24 reexamines certain rules governing ‘‘generalized assertion’’ of past of the Commission’s Rules—Broadband cellular licensees’ ownership of discrimination ‘‘has no logical stopping PCS Competitive Bidding and the broadband PCS licenses in all frequency point’’ and would support Commercial Mobile Radio Service bands. unconstrained uses of racial classifications. Whether other objectives Spectrum Cap; Amendment of the II. Proposals Commission’s Cellular PCS Cross- for race-based measures rise to the level Ownership Rule. A. Treatment of Designated Entities of a compelling governmental interest is unclear. However, in a plurality opinion Form No.: Form 175 and Form 600. 1. Meeting the Adarand Standard Type of Review: New collection. issued before Adarand, the Supreme Respondents: Business or other for- 2. In the Competitive Bidding Fifth Court indicated that non-remedial profit; individuals or households; not- Report and Order, 59 Fed Reg 37566 measures aimed at fostering ethnic for-profit institutions; and state, local (July 22, 1994) the Commission adopted diversity could satisfy the compelling and tribal governments. gender- and race-based provisions as interest requirement of strict scrutiny. Number of Respondents: 6,000. part of the F block rules to encourage 6. The Supreme Court in Croson Estimated Time Per Response: 13 the participation of women- and noted the high standard of evidence hours. minority-owned businesses in the required of the government to establish Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13135 a compelling interest. It stated that the scrutiny standard of review. The employment in the communications government must demonstrate a ‘‘strong evidence supporting the gender- and industry or increased industry basis in evidence for its conclusion that race-based provisions cited in the competition. In commenting, the remedial action was necessary’’ and that Competitive Bidding Fifth Report and Commission asks parties to submit such evidence should approach ‘‘a Order primarily shows broad statistical data, personal accounts, prima facie case of a constitutional or discrimination against racial groups and studies, or any other data relevant to the statutory violation of the rights of women by lenders and entry of specific racial groups into the minorities.’’ Other courts, in cases underrepresentation of these groups as field of telecommunications. Examples decided after Croson, have held that owners and employees in the of relevant evidence could include statistical evidence can be probative of communications industry. Similar discrimination against minorities trying discrimination in the remedial setting, evidence has been submitted to the to obtain FCC licenses for auctioned or and that anecdotal evidence can buttress Commission since that time, including non-auctioned spectrum; discrimination statistical evidence. evidence supporting a petition for against minorities seeking positions of 7. As indicated above, even if a reconsideration of the Competitive ownership or employment in compelling governmental interest is Bidding Sixth Report and Order. communications or related businesses; established, the second prong of the 10. The Commission continues to discrimination against minorities strict scrutiny test, narrow tailoring, believe that this evidence is insufficient attempting to obtain capital to start up must also be shown. This requirement is to demonstrate a compelling interest or expand a telecommunications intended to ensure ‘‘that the means under the strict scrutiny standard to enterprise, including terms and chosen ’fit’ [the] compelling goal so support the race-based provisions of the conditions; and discrimination against closely that there is little or no F block because it reflects primarily minorities operating possibility that the motive for the generalized assertions of discrimination. telecommunications businesses, classification was illegitimate racial Adarand and Croson make clear that including treatment by vendors, FCC prejudice or stereotype.’’ Different only a record of discrimination against licensees, and suppliers. factors have been used by courts to a particular racial group would support 12. The Commission also asks those determine, under a strict scrutiny remedial measures designed to help that parties who conclude that the race- standard, whether a program is group. Therefore, the Commission based provisions serve a compelling narrowly tailored. These include: (1) believes that a record of discrimination governmental interest to comment on whether race-neutral measures were against minorities in general is not whether the provisions are narrowly considered before adopting race- sufficient. Specific evidence of tailored to serve that interest. Are these conscious measures; (2) the scope of the discrimination against particular racial provisions sufficiently narrow in scope? program and whether it contains a groups would be required to support a Do they unduly burden non-minorities? waiver mechanism that facilitates rule for any group. Commission Rules Would race-neutral measures further the narrowing of that scope; (3) the define minority group members to same interests and achieve the same comparison of any numerical target to include Blacks, Hispanics, American objectives as race-conscious measures? the number of qualified minorities in Indians, Alaskan Natives, Asians, and the relevant sector; (4) the duration of Pacific Islanders. Although the 13. In addition, the Commission also the program and whether it is subject to Commission has some general evidence tentatively concludes that the present periodic review; (5) the manner in of discrimination against certain racial record in support of the gender-based F which race is considered; and (6) the groups, none of the evidence it has block rules may be insufficient to satisfy degree and type of burden on non- appears to satisfy strict scrutiny. intermediate scrutiny. The Commission minorities. 11. The Commission notes too that seeks comment on this tentative 8. An intermediate scrutiny standard last year, the D.C. Circuit Court of conclusion. The Commission also seeks of review currently applies to gender- Appeals stayed the C block auction in comment on whether there are remedial based measures. Under this standard, a response to a constitutional equal or nonremedial goals that would satisfy gender-based provision is constitutional protection challenge against women- the ‘‘important governmental objective’’ if it serves an important governmental and minority-based provisions, even requirement of the intermediate scrutiny objective and is substantially related to though an intermediate level standard of standard. Are the gender-based F block achievement of that objective. The review applied. Thus, the Commission rules ‘‘substantially related’’ to the Supreme Court has not addressed tentatively concludes that the present achievement of such objectives? Just as constitutional challenges to federal record in support of race-based F block it requested for the F block race-based gender-based programs since Adarand. provisions is insufficient to satisfy strict provisions, the Commission asks parties However, the Court’s refusal in Adarand scrutiny. The Commission seeks to submit statistical data, personal to apply a less strict standard to benign comment on this tentative conclusion. accounts studies or any other data race-based classifications than that The Commission also requests comment relevant to the entry of women into the applied to ‘‘invidious’’ race-based on whether the F block provisions field of telecommunications. classifications suggests that the same promote a compelling governmental 14. The Commission also is interested standard should be applied to benign interest and, more particularly, whether in supplementing the current record to and invidious gender-based compensating for discrimination in support race- and gender-based classifications. lending practices and in practices in the provisions in other rules. In this regard, 9. In the Competitive Bidding Sixth communications industry constitutes the Commission plans shortly to issue a Report and Order, 60 FR 37786 (July 21, such an interest. The Commission also Notice of Inquiry that requests evidence 1995), in which it eliminated the race- asks interested parties to comment on of current and past discrimination and gender-based provisions in the C nonremedial objectives that could be experienced by small businesses and block rules, the Commission expressed furthered by the minority-based businesses owned by women and its concern that the record would not provisions of the F block rules and minorities or by individual women and adequately support the race- and whether they could be considered minorities. The record outlined in gender-based provisions in the C block compelling governmental interests, such response to this Notice will also be competitive bidding rules under a strict as increased diversity in ownership and incorporated into that Docket. 13136 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

15. The Commission undertakes this dissemination of additional broadband purposes of determining eligibility to effort to support the auction rules PCS licenses, and ultimately the participate in the F block auction if the because it is committed to fulfilling the introduction of competition. applicant utilizes one of two equity Congressional mandate to provide 17. As a result, the Commission structures. Use of either of these equity opportunities for women- and minority- tentatively concludes that if it is unable structures requires the applicant to form owned businesses through the to gather sufficient evidence to support a ‘‘control group,’’ but one of these competitive bidding process. The the race- and gender-based provisions in options is available only to minority- Commission believes, however, that the instant proceeding, it should and women-owned businesses. marshaling sufficient evidence to satisfy eliminate these provisions from the 20. The first equity structure option, the strict scrutiny standard of review rules and proceed as expeditiously as the Control Group Minimum 25 Percent now applicable to federal race-based possible to auction the remaining Equity Option, is available to all programs may be a time-consuming broadband PCS licenses. The applicants for the F block auction. process, and it is mindful that it may Commission seeks comment on these Under this option, the control group not fulfill its other obligations under tentative conclusions. must hold at least 25 percent of the Section 309(j) if it delayed the award of 18. In reaching these tentative applicant’s total equity. Of that 25 F block licenses until that process is conclusions, the Commission notes that percent, at least 15 percent must be held complete. of the 255 bidders that qualified to bid by ‘‘qualifying investors.’’ The in the C block auction, 46 claimed 16. The Commission notes that some remaining ten percent may be held by minority-owned business status and 34 qualifying investors, certain representatives of the claimed women-owned business status. institutional investors, non-controlling telecommunications industry have These statistics indicate that even existing investors in any preexisting voiced a need to have the D, E, and F without the women- and minority- entity that is a member of the control block licenses awarded quickly. With owned business specific provisions in group, or individuals that are members the completion of the C block auction, the C block rules, women- and minority- of the applicant’s management. In the Commission will have neared owned businesses were able to addition, members of the control group completion of awarding the 30 MHz A, participate in the auction. However, one must have de facto control of the control B, and C block licenses. Any entity with could also argue that the presence of group and of the applicant, and hold at plans to aggregate a 10 MHz F block race- and gender-based rules before the least 50.1 percent of the voting stock or license with a 30 MHz A, B, or C block Competitive Bidding Sixth Report and all general partnership interests. If these PCS license or any cellular or Order encouraged the participation of requirements are met, the remaining 75 Specialized Mobile Radio (‘‘SMR’’) minorities and women. It may have percent of the applicant’s equity may be licensee that plans to acquire a 10 MHz helped such companies open the door to held by other non-controlling investors, license for use in its service area, the discussions with investors that persisted and the gross revenues and total assets Commission believes, will be interested even when the rules changed. Indeed, in of any such investor will not be in swift auctioning of D, E, and F block the Competitive Bidding Sixth Report attributed to the applicant provided that licenses. The Commission also believes and Order, one of the Commission’s the investor holds no more than 25 that entities that were unable to win primary objectives was to preserve the percent of the total equity of the licenses in the previous PCS auctions relationships and deals minority- and applicant. may be interested in bidding on the D, women-owned companies had made 21. The second equity structure E, and F blocks, and that it will be prior to the rule change. As discussed option, the Control Group Minimum important to these entities to acquire more fully below, the Commission seeks 50.1 Percent Equity Option, is currently licenses quickly so that they can comment on whether, if it ultimately available only to minority- or women- compete at the earliest point possible decides to make the F block rules race- owned applicants for the F block with other providers of Commercial and gender-neutral, it should do so by auction. Under this option, the control Mobile Radio Services (‘‘CMRS’’), and making these rules conform to the C group must own at least 50.1 percent of with wireline service providers. Further, block rules, or whether other the applicant’s total equity. Of that 50.1 the Commission believes that both approaches to amending the F block percent equity, at least 30 percent must Congress and consumers expect it to rules would be more appropriate. The be held by qualifying investors who are promote the rapid development of PCS. Commission also seeks comment on members of minority groups or women. Balancing its obligation to provide how the Commission can meet its The remaining 20.1 percent may be held opportunities for women- and minority- statutory requirement under Section by qualifying investors, certain owned businesses to participate in 309(j) to ensure participation by institutional investors, non-controlling spectrum-based services against its minorities and women in the provision existing investors in any preexisting statutory duties to facilitate the rapid of service, if the rules are changed to be entity that is a member of the control delivery of new services to the race- and gender-neutral. group, or individuals who are members American consumer and promote of the applicant’s management. In efficient use of the spectrum, the a. Control Group Equity Structures addition, members of the control group Commission tentatively concludes that 19. To be eligible to participate in the must hold 50.1 percent of the voting it should not delay the F block auction entrepreneurs’ block auctions, an stock or all general partnership for the amount of time it would take to applicant, together with its affiliates and interests, and have de facto control of adduce sufficient evidence to support persons or entities that hold interests in both the control group and the the race- and gender-based F block the applicant, must have gross revenues applicant. If these requirements are met, provisions. While the Commission of less than $125 million in each of the the remaining 49.9 percent of the could proceed with the F block auction last two years and total assets of less applicant’s equity may be held by a under the current rules, it tentatively than $500 million. Under the single non-controlling investor, and the concludes that this course of action Commission’s current rules, the gross gross revenues and total assets of any would not serve the public interest revenues and total assets of certain such investor will not be attributed. because it may likely result in litigation persons or entities holding interests in 22. When the Commission adopted that would delay the auction, the an applicant will not be considered for the Control Group Minimum 50.1 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13137

Percent Equity Option, it determined interest in the applicant should it adopt other concerns being counted as part of that making such a mechanism available as the threshold? The Commission seeks the applicant’s total assets and to minority- and women-owned comment on these and other options revenues. The Commission further businesses would help them attract that interested parties might wish to anticipated that such an exception adequate financing. However, in light of propose. would permit minority applicants to the Supreme Court’s holding in 24. Finally, the Commission asks pool their resources with other Adarand, the Commission tentatively commenters to discuss whether there is minority-owned businesses and draw on concludes that, if it determines after any need to make adjustments to the the expertise of those who have faced reviewing the comments in this financial eligibility threshold for the F similar barriers to raising capital in the proceeding that it still does not have a block auction. Is there a concern, for past. The Commission tentatively sufficient record to support offering the example, that C block winners will be concluded that it would be imprudent 50.1/49.9 percent equity structure only disqualified from acquiring F block to extend such an exception to all to women- and minority-owned licenses by virtue of the valuation of entrepreneurs because to do so would businesses, it should make the Control their C block licenses? Should the frustrate the Commission’s goals in Group Minimum 50.1 Percent Equity Commission simply allow any qualified establishing the entrepreneurs’ blocks— Option available to small businesses C block bidder to bid on F block namely, to ensure that broadband PCS and entrepreneurs as it did in the C licenses? licenses will be disseminated among a block auction. In other words, if b. Affiliation Rules wide variety of applicants and to commenters in this proceeding are exclude large telecommunications unable to supply sufficient evidence to 25. The Commission adopted companies from bidding on such blocks. affiliation rules for identifying all meet the applicable standard of review, 28. In the Competitive Bidding Sixth individuals and entities whose gross the Commission proposes to modify the revenues and assets must be aggregated Report and Order, however, the rules to permit all F block applicants to with those of the applicant to determine Commission declined to eliminate the avail themselves of the 50.1/49.9 whether the applicant exceeds the exception and adopted a modification to percent equity structure. The financial caps for the entrepreneurs’ the minority affiliation rule for the C Commission believes that such a rule blocks or for small business size status. block which was suggested by change, which is identical to a rule The affiliation rules identify which commenters. The modified rule, 47 CFR change upheld in the C block by the individuals or entities will be found to § 24.720(l)(11)(ii), allows all small D.C. Circuit, would facilitate the control or be controlled by the applicant business applicants to exclude any expeditious dissemination of the F or an attributable investor in the affiliates who would otherwise qualify block licenses by forestalling the legal applicant by specifying which as entrepreneurs by having gross challenges based on Adarand that ownership interests or other criteria will revenues under $125 million and total would likely result if it moved forward give rise to an affiliation. assets under $500 million and whose with this rule in its current form. The 26. The Commission adopted two total assets and gross revenues, when Commission seeks comment on this exceptions to the affiliation rules in the considered on a cumulative basis and proposal. Since this control group broadband PCS C and F block context. aggregated with each other, do not option was adopted to help minority- Under one exception, applicants exceed these amounts. This rule change and women-owned businesses, in affiliated with Indian tribes and Alaska in the C block was affirmed by the D.C. particular, attract capital, the Regional or Village Corporations Circuit Court of Appeals. Commission also seeks comment on organized pursuant to the Alaska Native 29. The Commission seeks comment whether it needs to extend this Claims Settlement Act, 43 U.S.C. § 1601 on whether, if it determines that the provision to all small businesses here. et seq., are generally exempted from the record is insufficient to support an 23. As an alternative to adopting the affiliation rules for purposes of exception to the affiliation rule based on above rule changes, the Commission determining eligibility to participate in race, it should amend the affiliation rule could simplify or abandon both control bidding on C and F block licenses and for the F block to eliminate the group equity structure options currently to qualify as a small business. Under the exception pertaining to minority offered to F block applicants. Should it, second exception, as originally adopted, investors, as was originally proposed for for example, provide that only the gross the gross revenues and assets of the C block, or whether it should adopt revenues and assets of controlling affiliates controlled by minority the C block’s modified exception. It has principals in the applicant, together investors who are members of the been alleged that the modification of the with any affiliates of the applicant, be applicant’s control group are not exception for minority investors for aggregated to determine eligibility? If attributed to the applicant for purposes purposes of the C block auction could the Commission were to modify the of determining compliance with the lead to abuse. The Commission believes rules in this way, how should it eligibility standards for participation in that its experience with the C block determine who is a controlling the entrepreneurs’ block auctions. auction may show whether this rule has principal? Alternatively, the 27. In the Further Notice of Proposed had its intended effect of allowing small Commission could aggregate the gross Rule Making, 60 FR 34201 (June 30, businesses to pool their resources to bid revenues and assets of controlling 1995), the Commission proposed on capital-intensive services and draw principals and any investor that has an elimination of the exception to the on the expertise of those who have interest in the applicant that exceeds a affiliation rules pertaining to minority started small businesses. If information certain percentage. For example, the investors for purposes of the C block from the C block auction is relevant to Commission could provide that only the auction. This exception was intended to whether the Commission should amend gross revenues of investors with an permit minority investors who control the rule, it proposes to incorporate it ownership interest of 25 percent or other concerns to be members of an here. The Commission also seeks more in the applicant will be aggregated applicant’s control group and to bring comment on whether this modified with the assets of controlling principals. their management skills and financial minority investors exception would If the Commission were to adopt this resources to bear in its operation serve the public interest given the fact modification, what percentage of without the assets and revenues of those that F block licenses are smaller than C 13138 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules block licenses and are expected to have small businesses owned by members of in the F block rules. The Commission lower values. minority groups or women. believe that this proposed rule change, 30. The Commission does not propose 35. In the event the Commission finds like the other proposals for making the to eliminate the affiliation exception for after reviewing the comments in this rules race- and gender-neutral, should Indian tribes and Alaska Regional or proceeding that the record is allow it and prospective bidders to Village Corporations. It tentatively insufficient to sustain the race- and avoid litigation based on Adarand and concludes that the ‘‘Indian Commerce gender-based provisions of the F block thus will permit the auction to proceed Clause’’ of the United States rules under the appropriate standard of without delay. The Commission seeks Constitution provides an independent review, the Commission proposes to comment on this proposal. It also seeks basis for this exception that is not modify Section 24.716 to eliminate the comment on whether it should, in place implicated by the holding in Adarand. special provisions that are tied to an of these bidding credits, extend a single The Commission requests comment on applicant’s status as a minority- or bidding credit to all small businesses as this tentative conclusion. women-owned business. The it did for the C block. If the Commission Commission seeks comment on whether chooses to adopt a single small business c. Installment Payments it should provide for three installment bidding credit for the F block, how big 31. As a general matter, payment plans based solely on financial should the credit be? Should the entrepreneurs’ block licensees are size, as it did for the C block. Under this Commission retain one of the three eligible for installment payment plans approach, the first two installment bidding credits currently provided—10, that afford them the opportunity to pay payments described above—those for 15 or 25 percent—and make it available for their licenses over a period of time eligible bidders with gross revenues to all small businesses bidding in the F at favorable interest rates, rather than exceeding $75 million and with gross block? In the alternative, should the pay for the licenses in full at the time revenues between $40 and $75 Commission offer tiered bidding credits, of grant. million—would remain unchanged. The such as 15 percent for small businesses 32. Five different installment payment most favorable installment payment with aggregate gross revenues under $15 plans are currently available to F block plan—set forth in Section 24.716(b)(5) million and 10 percent for businesses applicants under Section 24.716 of the and previously available only to small with gross revenues between $15 Commission’s Rules. The first minority- or women-owned firms— million and $40 million? The installment payment plan, which is would be made available to all small Commission tentatively concludes that available to entities with gross revenues businesses. Thus, all small businesses because the value of 10 MHz licenses in excess of $75 million, allows them to would be permitted to pay for their may be lower than the value of 30 MHz licenses in installments at the ten-year pay interest based on the ten-year U.S. licenses, a smaller bidding credit than U.S. Treasury rate applicable on the Treasury rate plus 3.5 percent, with was offered C block bidders may be date the license is granted, and would payment of principal and interest appropriate for F block bidders. The be permitted to make interest-only amortized over the term of the license. Commission also tentatively concludes payments for the first six years, with The second installment payment plan, that these lower expected values may payments of principal and interest which is available to entities with gross attract smaller businesses, thus amortized over the remaining four years revenues between $40 and $75 million, justifying a tiered bidding credit. The of the license term. As discussed below, Commission seeks comments on these provides for the payment of interest however, the Commission also seeks tentative conclusions. equal to the ten-year U.S. Treasury rate comment on whether such favorable plus 2.5 percent. Entities eligible for this payment terms are necessary for F block e. Information Collection plan make interest-only payments for auction winners and, in particular, 38. If the Commission eliminates the one year, with the principal and interest whether the 6-year interest only period race- and gender-based provisions in the amortized over the remaining nine years serves the public interest given that the F block rules because it finds after of the license term. amounts bid for the 10 MHz licenses reviewing the comments in this 33. The third installment payment most likely would be lower than those proceeding that it still does not have a plan is available only to entities that bid for 30 MHz licenses in the C block. record sufficient to withstand the qualify as a small business or appropriate standard of review, it consortium of small businesses. This d. Bidding Credits intends nonetheless to continue to plan provides for the payment of 36. A bidding credit acts as a discount request that applicants provide interest at the ten-year U.S. Treasury on the winning bid amount that a bidder information regarding minority- or rate plus 2.5 percent, but allows eligible actually has to pay for the license. The women owned status in their short-form entities to make interest-only payments current F block rules provide for three applications. The Commission notes for two years, with principal and tiers of bidding credits ranging between that it has collected such information interest amortized over the remaining 10 percent and 25 percent. Under these concerning participants in ongoing eight years of the license term. rules, a small business is granted a 10 auctions, including the C block auction. 34. The fourth plan provides for percent bidding credit, a business that is The Commission believes that interest-only payments for three years owned by members of minority groups continuing to collect such information and payments of principal and interest or women is granted a 15 percent will assist it in analyzing applicant over the remaining seven years of the bidding credit, and a small business pools and auction results to determine license term and is only available to owned by members of minority groups whether it has promoted substantial businesses owned by members of or women is allowed to aggregate the participation in auctions by minorities minority groups or women. The final bidding credits for a 25 percent bidding and women, as Congress directed, and most favorable installment payment credit. through the special provisions it plan provides for interest-only 37. If the Commission finds that they propose to make available to small payments for six years and payments of cannot withstand judicial review on the businesses. This information will also principal and interest amortized over basis of the evidence adduced in this assist the Commission in preparing a the remaining four years of the license proceeding, it proposes to eliminate the report to Congress on the participation term. This plan is available only to race- and gender-based bidding credits of designated entities in the auctions Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13139 and in the provision of spectrum-based the appropriate size standard for very blocks. From parties that believe the services. In addition, such information small businesses and why? Instead of or Commission should extend these will be relevant in developing a in addition to modifying the small provisions to the D and E blocks, the supplemental record should the business definition, should the Commission also requests comment on Commission find that special provisions Commission modify or simplify the the terms for these provisions for D and for small businesses prove unsuccessful affiliation rules? The Commission notes E block small businesses. For example, in encouraging the dissemination of that the Small Business Administration should small businesses bidding in the licenses to a wide variety of applicants, recently simplified the definition of D and E blocks qualify for installment including businesses owned by ‘‘affiliate’’ in its rules. payments with the same terms as small businesses in the F block, or should D members of minority groups and b. Rural Telephone Company women. The Commission seeks and E block small businesses receive comment on this information collection 41. In the Competitive Bidding Fifth less favorable payment terms? The proposal. Report and Order, the Commission Commission tentatively concludes that established provisions to help rural extension of installment payments 2. Definitions telephone companies become could result in disseminating licenses in a. Small Business meaningful participants in the PCS the D and E blocks to a wider variety of industry and defined a rural telephone 39. The proposal to extend to small applicants in two ways. First, it could company as ‘‘a local exchange carrier increase the chances for all small businesses certain F block rule having 100,000 or fewer access lines, businesses, including those that are provisions previously applicable only to including all affiliates.’’ The impact of women- or minority-owned and that women- and minority-owned businesses this definition was to identify entities would have benefited from the F block highlights the importance of the that qualified for the partitioning system provisions that it proposes to change, to definition of a small business. The that the Commission adopted to allow win a D, E, or F block license. Second, current generic auction rules enable the rural telephone companies to obtain it could increase opportunities for small Commission to establish a small broadband PCS licenses that are businesses that are current PCS, business definition in the context of geographically partitioned from large cellular, or SMR licensees to obtain 10 each particular service. Under the PCS service areas. MHz-licenses that they could aggregate specific rule for the C and F blocks, a 42. The Telecommunications Act of with their current licenses. The ‘‘small business’’ is defined as an entity 1996 creates, for the first time, a Commission requests comment on this that, together with its affiliates and statutory definition for rural telephone tentative conclusion. persons or entities that hold interests in companies. The Commission requests such entity and their affiliates, has comment on whether Congress intended 4. Adjusting for Lower Values of 10 MHz average gross revenues that are not more to define the term rural telephone Licenses than $40 million for the preceding three company used in Section 309(j) or 45. Notwithstanding the years. whether it was only meant to define the Commission’s desire to increase 40. The Commission requests term as used in new sections of the opportunities for small businesses, comment on whether the definition of Communications Act, such as Section including those that are women- and small business continues to be 251. In any event, should the minority-owned, to acquire PCS appropriate. Is a threshold of average Commission change the definition of a licenses, the Commission is aware that gross revenues of not more than $40 rural telephone company to this winning bids for the D, E, and F block million too high or too low for entities definition for purposes of the broadband licenses, which authorize the use of 10 bidding on 10 MHz licenses? How does PCS designated entity provisions. The MHz, could be lower than those for the the definition of small business in Commission also asks commenters to 30 MHz A, B, and C block licenses. Section 24.720(b)(1) compare to the discuss how adoption of this definition Accordingly, it asks for comment on definition of small businesses for other would affect the current rules allowing whether it should adjust the terms of the services? Does the current service-by- geographic partitioning of rural areas installment financing provisions to service approach remain valid? In the served by rural telephone companies. reflect the lower values of the 10 MHz alternative, would it be feasible to license. Are the installment payment establish an appropriate small business 3. Extending Small Business Provisions plans for small businesses too generous size applicable to all CMRS services? to the D and E Blocks in light of the expected lower values of The Commission proposes to keep the 43. The rule modifications discussed the 10 MHz licenses? In particular, is it current small business definition for the above would extend greater bidding in the public interest to offer a 6-year F block—the same definition used for credits and more favorable installment interest-only period for all small the C block—to allow C block small payment plans to all small business business F block licensees? business licensees to benefit from the bidders in the F block auction. The D 46. Similarly, the Commission seeks small business provisions of the F block. and E blocks are not entrepreneurs’ comment on whether the F block rules The Commission requests comment on blocks, and current D and E block establishing discounted upfront this proposal. However, the Commission auction rules do not make special payments and reduced down payments is concerned that by using this provision for small businesses. Members for entrepreneurs should be adjusted. threshold, C block winners may not be of the telecommunications industry, Upfront payment requirements are able to acquire F block licenses given however, have expressed a desire for the designed to ensure that only serious and the value of their C block licenses. The Commission to extend the small qualified bidders participate in the Commission, therefore, requests business provisions of the F block Commission’s spectrum auctions, and to comment on whether the value of a C auction rules to bidders for D and E deter frivolous or insincere bidding. block license should be part of the gross block licenses. Upfront payments are also required to revenues calculation. The Commission 44. The Commission requests provide the Commission with a source also requests comment on whether it comment on whether it should extend of funds in the event that it becomes should define and adopt rules for very installment payment plans to small necessary to assess default or bid small businesses. If so, what should be businesses bidding on the D and E withdrawal payments. The 13140 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

Commission’s rules currently require to make a down payment equal to ten the license to an entity not meeting the participants in the F block auction to percent of its net winning bid, with five applicable eligibility standards, the submit an upfront payment of $0.015 percent due within five days of the close rules require payment of the remaining per MHz per pop (or per bidding unit) of the auction, and the remainder due principal and any interest accrued for the maximum number of licenses (in within five days of the grant of the through the date of assignment as a terms of bidding units) on which they license. condition of approval of the transfer or intend to bid. This differs from the 49. The Commission now requests assignment. standard upfront payment formula comment on whether this reduction in 52. The Commission tentatively originally set at $0.02 per MHz-pop for the down payment requirement is concludes that, in addition to the broadband PCS services, which was necessary to facilitate the participation changes that it proposes to the F block utilized in the A and B block auctions of entrepreneurs and designated entities auction rules, some measure is still and will be required in the D and E in providing service to the public as F needed to discourage speculators or blocks. The 25 percent discount on the block licensees. The Commission also sham bidders in the entrepreneurs’ upfront payment for the entrepreneurs’ requests comment on whether the block auction. The Commission also block auctions was intended to facilitate reduced down payment is sufficient to tentatively concludes that if it adopts the participation of capital-constrained demonstrate that a winning bidder has the proposals to make the F block companies and permit them to conserve the necessary financial capabilities to auction rules race- and gender-neutral, resources for infrastructure complete payment for the license and to and extend small business provisions to development after winning a license. pay for the costs of constructing a bidders in all three 10 MHz broadband 47. The Commission requests system. Should the Commission PCS blocks, the current transfer comment on whether a discounted increase the required down payment to restrictions for F block licensees may be upfront payment is necessary to 20 percent of the winning bid in order too restrictive. For example, under the encourage the participation of to guard against the possibility of bidder proposed changes to the race- and entrepreneurs and designated entities in default? Would a higher payment hinder gender-based provisions and the current the F block auction. It also requests growth and access to capital? transfer restriction, a small business comment on whether the discounted 5. Rules Regarding the Holding of cannot transfer its F block license in the upfront payment is sufficient to ensure Licenses first three years and, in the two years that only serious and qualified bidders thereafter, may only transfer its license 50. In the Competitive Bidding Fifth participate in the F block auction. Is the to another small business. An Report and Order, the Commission discounted upfront payment amount an entrepreneur F block licensee, however, adopted restrictions on the transfer or adequate measure of a bidder’s ability to would be able to transfer its F block assignment of licenses won by bidders pay for the licenses it might win and to license in years four and five to any in the entrepreneurs’ blocks. These meet the Commission’s build-out other entrepreneur, including a small restrictions were designed to ensure that requirements? Or, should the business. Such a result goes farther than licensees did not take unfair advantage Commission increase the required to merely discourage speculative of entrepreneurs’ block special upfront payment to $0.02 per bidding bidding in the entrepreneurs’ block provisions by immediately assigning or unit or more in order to minimize the auction. Therefore, the Commission possibility of insincere or frivolous transferring control of their licenses to other entities. The rules prohibit proposes to amend the holding bidding and bidder default? requirement to let all F block licensees 48. The F block rules also discount licensees in the entrepreneurs’ block transfer their licenses within the first down payments for winning bidders. from voluntarily assigning or three years to an entity that qualifies as The primary purpose of the down transferring control of their license an entrepreneur. The Commission also payment requirement is to ensure that a during the three years after the date of proposes to retain the unjust enrichment winning bidder will be able to pay the the license grant. Two years thereafter, provisions. It seeks comment on this full amount of its winning bid. In the licensee is permitted to assign or proposal and its tentative conclusions. It arriving at an appropriate level for the transfer control of its authorization only particularly seeks comment on whether down payment, the Commission sought to an entity that satisfies the eligibility to ensure that auction winners would criteria for the entrepreneurs’ blocks. entities participating in the C block have the necessary financial capabilities 51. The Commission also adopted auction may have had experiences that to complete payment for the license and specific rules to prevent recipients of would influence the Commission’s to pay for the costs of constructing a bidding credits and installment tentative conclusions here. system. At the same time, the payment plans from realizing any unjust B. The Cincinnati Bell Remand Commission did not want to require a enrichment that they might gain from 1. The Cellular/PCS Cross-ownership down payment so onerous as to hinder transfer or assignment that occurs Rule an applicant’s growth and diminish its during the full ten-year license term. access to capital. The Commission With regard to bidding credits, the rules 53. Under Section 24.204(a), no decided to require winning bidders in require that if a licensee applies to cellular licensee may be granted a broadband PCS auctions (except for assign or transfer control of a license to license for more than 10 MHz of those eligible for installment payments an entity that is not eligible for as high broadband PCS spectrum prior to the in the entrepreneurs’ blocks) to a level of bidding credit, then the year 2000 if the grant will result in a supplement their upfront payment with difference between the bidding credit significant overlap of the cellular a down payment sufficient to bring their obtained by the assigning party and the licensee’s Cellular Geographic Service total deposits up to 20 percent of their bidding credit for which the acquiring Area (‘‘CGSA’’) and the PCS service winning bid(s). For winning bidders in party would qualify must be paid to the area. After the year 2000, cellular the entrepreneurs’ blocks auctions, the U.S. Treasury as a condition of approval licensees will be allowed to obtain a Commission agreed to require a reduced of the transfer or assignment. If a grant of 15 MHz of PCS spectrum in an down payment of only ten percent of licensee that was awarded installment area that overlaps significantly with the winning bid. Currently, a winning payments seeks to assign or transfer their CGSA. ‘‘Significant overlap’’ bidder in the F block auction is required control of its license during the term of occurs when ten percent or more of the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13141 population of the PCS service area is Commission asks commenters to discuss how ownership interests are measured. contained within the CGSA. Thus, the impact on competition among CMRS Under this rule, partnership and other because cellular licenses authorize the providers, including the effect, if any, ownership interests, and any stock use of 25 MHz of spectrum, cellular on the provision of PCS. interest amounting to 20 percent or operators currently are limited to 35 more of the equity, or outstanding stock, 2. The 20 Percent Attribution Standard MHz of aggregated cellular and PCS or outstanding voting stock of a spectrum in any one geographic area. 56. For the purpose of determining broadband PCS, cellular, or SMR 54. In Cincinnati Bell, the Court whether an entity is a cellular operator licensee shall be attributed, except that concluded that the Commission’s and subject to the cellular/PCS cross- those interests held by small businesses, limitations on cellular operators’ ownership rule, the Commission has rural telephone companies, or eligibility for PCS licenses are arbitrary developed attribution standards. Section businesses owned by minorities or because the FCC provided little or no 24.204(d)(2)(ii) of the Commission’s women will not be attributed unless support for its assertions that, without Rules provides that partnership and they reach a threshold level of 40 such restrictions, cellular providers other ownership interests and any stock percent. Similarly, a CMRS ownership might engage in anticompetitive interest amounting to 20 percent or interest held by an entity with a non- practices or exert undue market power. more of the equity, or outstanding stock, controlling equity interest in a The Court further explained that, while or outstanding voting stock of a cellular broadband PCS licensee or applicant the Commission’s stated goal of licensee will be attributable. Thus, any owned by minorities or women is avoiding excessive concentration of entity owning such a 20 percent interest attributable only if it reaches 40 percent licenses is a permissible objective under in a cellular licensee is precluded from or more. The Commission’s 20 percent the Communications Act, the cellular obtaining a license for broadband PCS attribution level for the CMRS spectrum eligibility rules are, without an in excess of 10 MHz in a service area cap was chosen to be consistent with economic rationale, an arbitrary that overlaps the cellular licensee’s the attribution standard for the PCS/ solution to this problem. According to CGSA. cellular cross-ownership rule. The the Court, the FCC must supply more 57. Section 24.204(d)(2)(ii) also Commission supported this standard factual support for its belief that cellular currently provides for a higher cellular with an opinion of the Federal operators might detrimentally affect the ownership attribution threshold for Accounting Standards Board which market if they were allowed to obtain small businesses, rural telephone explicitly states that ownership interests licenses for larger amounts of PCS companies, and businesses owned by below 20 percent presumptively do not spectrum. minorities or women than for other have control and above 20 percent they 55. In light of the Sixth Circuit’s entities. If cellular ownership interests do unless evidence to the contrary is ruling, the Commission seeks comment are held by such types of businesses, established. on whether the PCS/cellular cross- their interests are not attributable until 60. In the Competitive Bidding Sixth ownership rule should be relaxed or they reach at least 40 percent. Similarly, Report and Order, the cellular/PCS retained. Currently, the Commission’s a cellular ownership interest held by an cross-ownership attribution rule and the rules contain other spectrum caps that entity with a non-controlling equity CMRS spectrum aggregation rules were affect applicants for PCS licenses. The interest in a broadband PCS licensee or amended for purposes of C block broadest limitation on wireless applicant owned by minorities or licenses to eliminate race- and gender- spectrum ownership is the 45 MHz cap women is attributable only if it reaches based provisions and make the 40 on CMRS uses within three radio 40 percent or more. percent attribution standard applicable services: broadband PCS, cellular, and 58. The Court in Cincinnati Bell found only to interests held by a small SMR. In addition, all PCS licensees are the 20 percent cellular attribution business or rural telephone company limited to a total of 40 MHz of spectrum standard to be arbitrary on the ground and interests held by an entity with a in any one geographic area. This means that it does not bear a reasonable non-controlling equity interest in a that an entity may not own PCS licenses relationship to whether a party with a licensee or applicant that is a small for any two or more spectrum blocks minority interest in a cellular licensee business. that will total more than 40 MHz in the actually has the ability to control that 61. The Commission seeks comment same geographic area. Are there reasons licensee. The Court rejected the FCC’s on whether it should retain the for maintaining the separate 35 MHz argument that an entity with such an ownership attribution rule for cellular spectrum cap on cellular providers’ interest in a cellular licensee would licensees interested in acquiring ownership of PCS spectrum in their have a reduced incentive to compete broadband PCS licenses. The 20 percent service area or the 40 MHz PCS with the cellular company as a PCS attribution rule was fashioned to strike spectrum cap? Comments supporting provider, indicating that this argument a balance between maximizing retention of the current rules should is unsupported by either statistical data competition and allowing cellular provide facts showing that cellular or a general economic theory and stating entities to bring their expertise to PCS. operators will detrimentally affect the that the Commission must provide The Commission did not adopt a rule market if allowed to obtain immediately support for such predictive conclusions. that required inquiry into whether a 10 MHz or more of PCS spectrum in In response to the FCC’s argument that party has a controlling interest in a their geographic service areas. The the Commission needs a bright-line rule cellular licensee because it believed a Commission also seeks comment on to avoid delays in resolving PCS bright-line rule would result in faster, whether it should relax and simplify the eligibility issues, the Court agreed with less burdensome licensing. However, ownership limitations by eliminating those challenging the 20 percent the Sixth Circuit found that the the PCS/cellular ownership limitations standard that the Commission should Commission did not adequately justify and the 40 MHz PCS spectrum cap in have supplied a reasoned basis for its this decision. Accordingly, the favor of the single 45 MHz CMRS decision not to adopt less restrictive Commission seeks comment on whether spectrum cap. Under such a rule, alternatives. the 20 percent attribution rule should be cellular operators would be permitted to 59. The 45 MHz CMRS spectrum modified. Should the attribution rule be acquire licenses for two 10 MHz blocks aggregation limit, discussed above, changed to a controlling interest test? Is of broadband PCS spectrum. The includes an attribution rule that governs there some other bright-line test that 13142 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules might be used to avoid burdening the the 10 and 15 MHz spectrum limitations were burdensome and difficult to licensing process? Should the and the 40 MHz limit in the same administer both at the short-form and Commission adopt a single majority geographic area, discussed above. The long-form stages. For many large shareholder exception? Should the Commission does not propose to modify corporations, especially investment approach depend on whether the this rule. firms with diverse holdings, the Commission modifies the cellular/PCS requirements were very burdensome, C. Ownership Disclosure Provisions cross-ownership rule or, in the particularly when they involved alternative, eliminates this rule and 64. The rules provide ‘‘short-form’’ calculating indirect ownership interests retains only the 45 MHz CMRS (FCC Form 175) and ‘‘long-form’’ (FCC in outside firms using the multiplier. spectrum cap? Should the Commission, Form 600) application procedures for Moreover, while identifying all in any case, modify the 20 percent broadband PCS bidders. Short-form businesses in which an attributable attribution standard applicable to the 45 applications are submitted prior to the stockholder of the applicant held a five MHz CMRS spectrum cap in light of the auction by entities seeking to qualify as percent (or greater) interest generated Sixth Circuit’s opinion regarding this bidders. Long-form applications are significant amounts of information, the type of standard in connection with the submitted by winning bidders in the disclosures identified businesses that cellular/PCS cross-ownership rule? The auctions to obtain their licenses. The had no relation to the services for which Commission notes that the 20 percent application procedures for broadband licenses were being auctioned. In attribution standard and the 40 percent PCS require applicants to furnish addition, requiring the submission of exception are the highest ownership detailed ownership information in both partnership agreements proved sensitive attribution rules the Commission has. their short-form and long-form because such agreements often The new Telecommunications Act, in applications. contained strategic bidding information the definition of ‘‘affiliate’’, defines 65. In addition to this information and other confidential data. These ownership as a 10 percent interest. required of all PCS applicants, specific provisions were waived by the Wireless 62. The Commission proposes to rules require F block applicants to Telecommunications Bureau for the modify the cellular/PCS cross- submit more detailed ownership and short-form and long-form filings for PCS ownership and CMRS spectrum financial information. An F block blocks A and B and for the short-form aggregation limit rules for F block applicant must identify its affiliates and application for the C block. purposes to comply with the provide its gross revenues and total 68. In waiving ownership disclosure requirements of Adarand. It proposes to assets. On their short-form applications, requirements for the A and B block remove the provisions in these rules all other F block applicants must short-form applications, the Wireless which increase the cellular attribution disclose: (1) the identity of each member Telecommunications Bureau stated that threshold to 40 percent on the basis of of their control group, including the the purpose of the disclosure rules the race or gender of the holder of the citizenship and gender or minority contained in Section 24.813(a) of the ownership interest or of the broadband group classification for each member; Commission’s Rules is ‘‘to allow the PCS applicant in which such holder is (2) the status of each control group Commission to determine who is the an investor. Accordingly, the member that is an institutional investor real party in interest, to determine Commission proposes, for purposes of and existing investor and/or a member compliance with anti-collusion rules the F block auction, that the 40 percent of the applicant’s management; (3) the and ownership restrictions such as the cellular attribution threshold of the identity of each affiliate of the applicant multiple- and cross-ownership rules and PCS/cellular cross-ownership rule will and each affiliate of individuals in the alien ownership restrictions.’’ The continue to apply if the ownership applicant’s control group; (4) their gross Bureau noted that the short-form interest is held by a small business or revenues and total assets. Applicants application requires applicants to certify a rural telephone company or if the must demonstrate their gross revenues that they are in compliance with these cellular ownership interest is held by an and total assets using audited financial regulations. The Wireless entity with a non-controlling equity statements for the most recently Telecommunications Bureau concluded interest in a broadband PCS licensee or completed calendar or fiscal years. Each that requiring information about all applicant that is a small business. F block applicant must also certify on attributable stockholders’ other interests Similarly, the Commission proposes, for its short-form application that it is does not serve the stated purposes of purposes of the F block auction, that the eligible to bid for and obtain licenses, ownership disclosure. The Bureau also 40 percent cellular attribution threshold consistent with the Commission’s Rules concluded that because partnership of the CMRS spectrum aggregation limit and, if appropriate, that it is eligible to agreements often discuss strategic will continue to apply if the CMRS bid as a designated entity. business objectives, submission of them ownership interest is held by a small 66. Winning F block bidders’ long- would be detrimental to partnerships. business or a rural telephone company form applications must disclose, Following the same rationale, the (including those owned by minorities or separately and in the aggregate, their Wireless Telecommunications Bureau women). These proposed changes gross revenues and total assets plus the waived Section 24.813(a)(1), mirror modifications that were made to gross revenues and total assets of their 24.813(a)(2) and 24.813(a)(4) of the rules the C block rules in the Competitive affiliates, their control group members, for the A and B block long-form and the Bidding Sixth Report and Order. The their attributable investors, and affiliates C block short-form applications. Commission seeks comment on this of their attributable investors. These 69. At the short-form application stage proposal. applicants must also list and summarize in the C block PCS auction, the 63. Finally, the Commission notes all agreements that support their Commission received 36 waiver that the Court in Cincinnati Bell did not eligibility for an F block license and any petitions from applicants requesting that find Section 24.204(d)(2)(i) of the investor protection agreements. they be permitted to demonstrate their Commission’s Rules to be arbitrary. 67. During the course of previous gross revenues and total assets using Under this section, certain ownership broadband PCS auctions, it became methods other than audited financial interests of five percent or more in evident that certain ownership statements. These waiver requests broadband PCS licensees and applicants disclosure requirements found in the indicate that many smaller businesses are attributable for purposes of applying general PCS competitive bidding rules do not use audited financial statements Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13143 in the normal course of business. burdened by auditing their finances auctions. The comments in response to Applicants in the C block auction also when they would not otherwise do so. the initial inquiry into this issue requested, and were granted, a waiver of The Commission seeks comment on this indicate that simultaneous access to all the requirement that when financial proposal. It also asks interested parties the 10 MHz licenses is important to the information is supported by audited to suggest other alternatives to the plans of some prospective PCS financial statements based on fiscal audited financial statement providers, and the Commission finds years, statements for the three most requirement, and it seeks comment on their arguments persuasive. The recent years must be used. Applicants whether an alternative—the one it Commission seeks comment on this were permitted to file statements for proposes or any other—should be tentative conclusion. It also seeks fiscal years 1991, 1992, and 1993, available to all F block applicants (or D comment on specific services that are instead. and E block applicants if small business planned for the D, E, and F licenses and 70. In light of its experience to date, provisions are extended to these blocks), how, if at all, auctioning all the licenses the Commission proposes to amend or only to applicants that do not simultaneously would affect those Section 24.813(a)(1) and Section otherwise use audited financial planned services. The Commission is 24.813(a)(2) of the rules to limit the statements. The Commission also also interested in other factors that information disclosure requirement requests comment on whether commenters believe would justify with respect to outside ownership applicants should continue to be combining the auction of the D, E, and interests of applicants’ attributable allowed to rely on either fiscal years or F block licenses, or that would argue stockholders. More specifically, it calendar years in providing their gross against doing so. proposes to require only the disclosure revenues. Should they instead be 75. If the Commission auctions the D, of attributable stockholders’ direct, required to base their size calculations E, and F blocks concurrently, it also attributable ownership in other on the most recent four quarters so that seeks comment on the option of businesses holding or applying for the Commission receives the most auctioning the D and E licenses together CMRS or Private Mobile Radio Services current information available? in one auction and the F block licenses (‘‘PMRS’’) licenses. Moreover, the D. Auction Schedule in a separate auction. This approach Commission proposes to amend Section would accommodate the difference in 24.813(a)(4) to delete the requirement 72. While the rules do not establish a eligibility requirements for the F block that partnerships file a signed and dated specific schedule for awarding the D, E, auction. The Commission seeks copy of the partnership agreement with and F block broadband PCS licenses by comment on whether it should adopt their short-form and long-form competitive bidding, the Commission’s this approach. It also requests comment applications. The Commission requests reasons for creating these 10 MHz on whether the auction rules for these comment on these proposed changes. licenses and the communications three blocks should be modified in any The Commission also seeks comment on industry’s plans for using them directly way if it implements this proposal. whether it should further reduce the affect when they should be auctioned. scope of information required by the The Commission created the 10 MHz III. Procedural Matters licenses to promote the provision of general PCS rules at either the short- A. Regulatory Flexibility Act form or long-form filing stages. In services that might not require a full 30 addition, it requests comment on the MHz of spectrum, or for aggregation 76. As required by Section 603 of the alternative approach of requiring with a 30 MHz PCS license or an Regulatory Flexibility Act, the applicants to make their ownership existing cellular license. Commission has prepared an Initial documentation available upon request 73. On December 23, 1994, the Regulatory Flexibility Analysis (IRFA) to other applicants during or after the Commission sought comment on of the expected impact on small entities auction. The Commission also requests whether to auction the 10 MHz F block of the proposals suggested in this comment on whether the proposed licenses together with the other 10 MHz document. The IRFA is set forth in changes would provide bidders with D and E block licenses. Of the six Appendix A of the Notice. Written sufficient information on their comments received, the majority public comments are requested on the competitors in the auction. favored a single auction for all three IRFA. These comments must be filed in 71. The number of waivers requesting blocks. Arguments in favor of a single accordance with the same filing permission to demonstrate gross auction included efficiency advantages deadlines as comments on the rest of the revenues and total assets without for bidders, administrative and cost Notice, but they must have a separate audited financial statements in the C savings, and an equal timeline for start- and distinct heading designating them block auction leads the Commission to up and deployment of all 10 MHz as responses to the Initial Regulatory propose changes to Section 24.720(f) licensees. Commenters also noted a Flexibility Analysis. The Secretary shall and Section 24.720(g) of its rules. The substantial need in broadband PCS for send a copy of this Notice, including the Commission proposes to permit each licensees to aggregate spectrum up to Initial Regulatory Flexibility Analysis, applicant that does not otherwise use the limits set by the Commission and to the Chief Counsel for Advocacy of the audited financial statements to provide observed that a single auction would Small Business Administration in a certification from its chief financial allow bidders to obtain 20–MHz accordance with paragraph 603(a) of the officer that the gross revenue and total licenses to meet unique service needs. Regulatory Flexibility Act. Pub. L. No. asset figures that it provides in its short- Arguments opposing a single auction 96–354, 94 Stat. 1164, 5 U.S.C. 601 et form and long-form applications are were that separate auctions would seq. (1981). true, full, and accurate; and that the expedite auction administration and B. Ex Parte Rules—Non-Restricted applicant does not have the audited promote opportunities for designated Proceeding financial statements that are otherwise entities by awarding them the first 10 required under the rules. The MHz licenses. 77. This is a non-restricted notice and Commission believes that such a 74. The Commission tentatively comment rule making proceeding. Ex modification to the rules would be the concludes that it should auction the D, parte presentations are permitted except most effective way to amend the rules E, and F frequency blocks concurrently during the Sunshine Agenda period, so that small businesses are not overly in simultaneous multiple round provided they are disclosed as provided 13144 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules in Commission Rules. See generally 47 days after the date of publication in the DEPARTMENT OF TRANSPORTATION CFR §§ 1.1202, 1.1203, and 1.1206(a). Federal Register. In addition to filing comments with the Secretary, a copy of Research and Special Programs C. Initial Paperwork Reduction Act of Administration 1995 Analysis any comments on the information collections contained herein should be 49 CFR Part 195 78. This Notice contains either a submitted to Dorothy Conway, Federal proposed or modified information Communications Commission, Room [Docket PS±140(c), Notice 5] collection. As part of its continuing 234, 1919 M Street, N.W., Washington, effort to reduce paperwork burdens, the RIN 2137±AC34 Commission invites the general public D.C. 20554, or via the Internet to and the Office of Management and [email protected] and to Timothy Fain, Areas Unusually Sensitive to Budget (‘‘OMB’’) to take this OMB Desk Officer, 10236 NEOB, 725 Environmental Damage 17th Street, N.W., Washington, D.C. opportunity to comment on the AGENCY: Research and Special Programs 20503 or via the Internet to fain— information collections contained in Administration (RSPA), DOT. this Notice as required by the [email protected]. ACTION: Public workshop. Paperwork Reduction Act of 1995, Pub. E. Contact Persons L. No. 104–13. Public and agency SUMMARY: RSPA invites industry, comments are due at the same time as 81. For further information government agencies, and the public to other comments on this Notice; OMB concerning this proceeding, contact the fourth workshop on unusually comments are due 60 days from the date Mark Bollinger at 418–0660 (Auctions sensitive areas (USAs). The purpose of of publication of this Notice in the Division, Wireless Telecommunications this workshop is to openly discuss the Federal Register. Comments should Bureau). terms to be used in describing USAs, address: (a) whether the proposed and the scope and objectives of the collection of information is necessary IV. Ordering Clauses additional USA workshops. This for the proper performance of the workshop is a continuation of the USA 82. Accordingly, it is ordered that, functions of the Commission, including workshops held June 15–16, 1995; pursuant to Sections 1, 4(i), 4(j), 7, whether the information shall have October 17, 1995; and January 18, 1996. 303(r), 308(b), and 309(j) of the practical utility; (b) the accuracy of the DATES: The workshop will be held on Communications Act of 1934, as Commission’s burden estimates; (c) April 10–11, 1996 from 8:30 a.m. to 4:00 amended, 47 U.S.C. 151, 154(i), 154(j), ways to enhance the quality, utility, and p.m. Persons who are unable to attend 157, 303(r), 308(b), and 309(j), notice is clarity of the information collected; and may submit written comments in (d) ways to minimize the burden of the hereby given of the proposed duplicate by May 28, 1996. However, collection of information on the amendments to Parts 20 and 24 of the persons submitting comments to be respondents, including the use of Commission’s Rules, 47 CFR Parts 20 considered at the April 10–11 workshop automated collection techniques or and 24, in accordance with the must do so by April 3, 1996. Interested other forms of information technology. proposals in this Notice of Proposed persons should submit as part of their D. Comment Dates Rule Making, and that COMMENT IS written comments all material that is SOUGHT regarding such proposals. 79. Pursuant to applicable procedures relevant to a statement of fact or set forth in Sections 1.415 and 1.419 of 83. It is further ordered that the argument. Late filed comments will be the Commission’s Rules, 47 CFR Secretary shall send a copy of this considered so far as practicable. §§ 1.415 and 1.419, interested parties Notice of Proposed Rule Making, ADDRESSES: The workshop will be held may file comments on or before April including the Initial Regulatory at the U.S. DOT, Nassif Building, 400 15, 1996 and reply comments on or Flexibility Analysis, to the Chief Seventh Street SW., Room 8236–40, before April 25, 1996. To file formally Counsel for Advocacy of the Small Washington, DC. Non-federal employee in this proceeding you must file an Business Administration in accordance visitors are admitted into the DOT original and four copies of all comments with paragraph 603(a) of the Regulatory building through the southwest entrance and supporting comments. If you want Flexibility Act, 5 U.S.C. 601 et seq. at Seventh and E Streets, SW. Persons each Commissioner to receive a who want to participate in the personal copy of your comments, you List of Subjects workshop should call (202) 366–2392 or e-mail their name, affiliation, and phone must file an original plus nine copies. 47 CFR Part 20 You should send your comments to number to [email protected] before Office of the Secretary, Federal Commercial mobile radio services, close of business April 3, 1996. Communications Commission, 1919 M Cellular/PCS cross-ownership. Send written comments in duplicate Street, N.W., Washington, D.C. 20554. to the Dockets Unit, Room 8421, RSPA, Comments will be available for public 47 CFR Part 24 U.S. DOT, 400 Seventh Street SW., inspection during regular business Washington, DC 20590–0001. Identify Broadband personal communications the docket and notice numbers stated in hours in the Reference Center of the services. Federal Communications Commission, the heading of this notice. 1919 M Street, N.W., Room 239, Federal Communications Commission. All comments and docketed materials Washington, D.C. 20554. William F. Caton, will be available for inspection and 80. Written comments by the public Acting Secretary. copying in Room 8421 between 8:30 a.m. and 4:30 p.m. each business day. A on the proposed and/or modified [FR Doc. 96–7315 Filed 3–25–96; 8:45 am] information collections are due on or summary of the workshop will be BILLING CODE 6712±01±P before April 15, 1996. Written available from the Dockets Unit about comments must be submitted by the three weeks after the workshop. Office of Management and Budget on FOR FURTHER INFORMATION CONTACT: the proposed and/or modified Christina Sames, (202) 366–4561, about information collections on or before 60 this document, or the Dockets Unit, Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13145

(202) 366–5046, for copies of this may be used when referring to USAs, protection through response planning document or other material in the drinking water source protection, under 49 CFR part 194. The process docket. biological resources, and human use should clarify how sensitive areas are SUPPLEMENTARY INFORMATION: The resources. protected under the Pipeline Safety Act pipeline safety laws (49 U.S.C. § 60109) The American Petroleum Institute separate and apart from protection require the Secretary of Transportation (API) provided information on its under the 49 CFR part 194. to prescribe regulations that establish current USA research and suggested that 6. Operators that have voluntarily criteria for identifying each hazardous any final definition consider the taken measures that exceed the liquid pipeline facility and gathering resource to be protected, the likelihood regulatory requirements to minimize the line, whether otherwise subject to 49 of a given pipeline impacting that potential for spills in their operations U.S.C. Chapter 601, located in an area resource, and what can be done to should receive credit for these measures that the Secretary, in consultation with reduce the risk to the resource. Other in other rulemakings, thereby resulting the Environmental Protection Agency participants suggested integrating in exemptions from these additional (EPA), describes as unusually sensitive factors on the likelihood of a rupture rulemakings. to environmental damage if there is a occurring and the severity of the 7. It is expected that no pipeline hazardous liquid pipeline accident. consequence into the USA definition. operator will be required to collect Consistent with the President’s Participants also brainstormed guiding natural field resource data to determine regulatory policy (E.O. 12866), RSPA principles that could be used when USAs. wants to accomplish this congressional determining if a given area is a USA. 8. USAs should be subject to a mandate at the least cost to society. RSPA held a third workshop on systematic review process. USAs may Toward this end, RSPA is seeking early January 18, 1996, to further discuss the change through time as species migrate, public participation in the rulemaking guiding principles for determining change location or for other reasons. process by holding public workshops at USAs (61 FR 342; January 4, 1996). The The USA definition should be explicit which participants, including RSPA primary concerns voiced in this and practical in application. staff, may exchange views on relevant workshop were that drinking water 9. All phases of the USA definition issues. RSPA hopes these workshops resources and significant ecological process should be pilot tested for will enable government and industry to resources be considered USA but that validity, practicality, and workability, to reach a better understanding of the economic or recreational areas not be the extent practical. problem and the potential solutions intrinsically considered USAs. A 10. The government agencies must before proposed rules are issued. secondary concern voiced by the describe and identify USAs so that the On June 15 and 16, 1995, RSPA held participants was the need to consider data will not be subject to various the first public workshop to openly cultural resources as USAs. interpretations and will be applied discuss the criteria being considered to Indian tribal concerns were also consistently. The standards and criteria determine USAs (60 FR 27948; May 26, identified and participants requested for resource sensitivity should be 1995). Participants included that additional research be conducted in uniform on a national basis such that representatives from the hazardous this area. equivalent resources receive equivalent liquid pipeline industry; the Participants at the workshop also sensitivity assessments regardless of Departments of Interior, Agriculture, discussed the following guiding regionally based response priorities. Transportation, and Commerce; EPA; principles for the USA identification 11. Sources of USA data must be non-government agencies; and the process and asked that the following be readily available to the public and public. Participants requested that considered: uniform in criteria and standards. The additional workshops be held to further 1. A functional definition of standards and criteria for resource discuss this complex topic . significance must be developed to On October 17, 1995, RSPA held a determine USAs. sensitivity should be uniform on a second public workshop that focused on 2. Human health and safety. national basis such that equivalent developing a process that could be used 3. Serious threat of contamination. resources receive equivalent sensitivity to determine if an area is a USA (60 FR 4. Only areas in the trajectory of a assessments regardless of regionally 44824; August 29, 1995). Participants potential spill, e.g. down gradient. based priorities. asked that the process include a series 5. Not all areas identified as USAs The following diagram was created to of workshops on topics such as guiding will require preventative measures but display how the process could work: principles, the definition of terms that all candidates for USAs will require BILLING CODE 4910±60±P 13146 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

BILLING CODE 4910±60±C Issued in Washington, DC on March 21, of the ICCTA provides that ‘‘[t]he Board Finally, participants brain stormed 1996. shall promptly rescind all regulations and identified the USA terms that they Richard B. Felder, established by the [ICC] that are based thought needed to be clarified. The Associate Administrator for Pipeline Safety. on provisions of law repealed and not following list is the result of that [FR Doc. 96–7295 Filed 3–25–96; 8:45 am] substantively reenacted by this Act.’’ In discussion. The workshop on April 10 BILLING CODE 4910±60±P Removal of Obsolete Recyclables will focus on the criteria, components, Regulations, 1 S.T.B. 7 (1996) (Obsolete and parameters of these terms. This list Regulations), the Board removed, inter is not final and RSPA invites comments Surface Transportation Board alia, obsolete recyclable regulations at on these terms and submissions of 49 CFR 1134, pertaining to additional terms. This list and any 49 CFR Part 1039 discrimination against recyclables, and additional terms that are submitted to [Ex Parte No. 346 (Sub-No. 8)] at 49 CFR 1145, concerning rail rates on the docket before April 3 will be recyclables, because Congress repealed considered at the April 10 workshop: Exemption From RegulationÐBoxcar former 49 U.S.C. 10710 and 10731, the 1. Serious threat Traffic statutory bases for these regulations. We 2. Contamination stated that we would separately 3. Significant AGENCY: Surface Transportation Board. consider the disposition of 49 CFR 4. Ecological ACTION: Notice of Proposed Rulemaking. 1039.14(b)(5), which excludes rates on 5. Economic areas nonferrous recyclable commodities from 6. Recreational areas SUMMARY: The Surface Transportation the boxcar exemption. 7. Cultural areas Board (the Board) is proposing to 8. Readily available eliminate an obsolete regulation In Exemption from Regulation 9. Uniform pertaining to recyclable rates. —Boxcar Traffic, 367 I.C.C. 424 (1983), The workshop on April 11 will focus the ICC exempted the rail transportation DATES: Comments are due on April 25, of all commodities transported in on the scope and objectives of the 1996. additional USA workshops on drinking boxcars from rate and certain car hire ADDRESSES: water sources, ecological resources, Send comments (an original regulations. The ICC, however, excluded cultural resources, and Indian tribal and 10 copies) referring to Ex Parte No. nonferrous recyclables from this concerns. RSPA invites comments on 346 (Sub-No. 8) to: Surface exemption ‘‘only because Congress itself the scope and objectives of these Transportation Board, Office of the has singled them out for the application additional workshops. Items that are Secretary, Case Control Branch, 1201 of special standards.’’ 367 I.C.C. at 440. submitted to the docket before April 3 Constitution Avenue NW., Washington, The ICC noted the reference to will be considered at the April 11 DC 20423. recyclable rates at former 49 U.S.C. workshop. FOR FURTHER INFORMATION CONTACT: 10731(e). Persons interested in receiving a Beryl Gordon, (202) 927–5610. [TDD for Although the statutory basis given by transcript of the first or third workshop, the hearing impaired: (202) 927–5721.] the agency for excluding recyclable the summary of the second workshop, SUPPLEMENTARY INFORMATION: Effective commodities from the boxcar exemption material presented at the workshops, or January 1, 1996, the ICC Termination has been repealed, and we do not comments submitted to the docket Act of 1995, Pub. L. No. 104–88, 109 believe there are other valid reasons to should contact the Dockets Unit at (202) Stat. 803 (ICCTA) abolished the maintain the exception, we will not 366–5046 and reference docket PS–140, Interstate Commerce Commission (ICC) follow the procedure in Obsolete PS–140(b), and PS–140(c). and established the Board. Section 204 Regulations by issuing a final rule now. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13147

Instead, we will issue a notice 49 CFR Part 1313 than those specified by the contract. proposing to remove 49 CFR This is a reenactment of former [STB Ex Parte No. 541] 1039.14(b)(5) from the regulations and § 10713(h). redesignate paragraphs (6) and (7) to Railroad Contracts New § 10709(c) relieves transportation allow the public the opportunity to provided under such contract from the address whether there is any good AGENCY: Surface Transportation Board. regulatory provisions of new 49 U.S.C. reason to maintain the exception for ACTION: Advance Notice Of Proposed 10101–11908, and makes the exclusive recyclables. Comments (an original and Rulemaking. remedy for any alleged breach of such a contract an action in an appropriate 10 copies) are due on April 25, 1996. SUMMARY: Because the ICC Termination state court or United States district The Board certifies that this rule, if Act of 1995 (ICCTA) abolished the court, unless the parties agree adopted, would not have a significant Interstate Commerce Commission (ICC) otherwise. This is a reenactment of economic effect on a substantial number and revised the law respecting former § 10713(i). New § 10709(c)(2) of small entities. This proposed rule transportation contracts entered into by adds a clarification that this provision will reduce regulation; it imposes no rail carriers to provide specified rail does not, in and of itself, confer original new reporting or other requirements services under specified rates and jurisdiction on the United States district directly or indirectly on small entities. conditions, the contract regulations courts. Although we are proposing that formerly issued by the ICC are no longer New § 10709(d)(1) requires that a recyclables no longer be excepted from in complete harmony with the summary of each contract for the the boxcar exemption, it appears that applicable law. The Surface transportation of fertilizer and the impact, if any, on small entities Transportation Board (Board) is issuing agricultural products, including grain as 1 would not be significant, nor would it this advance notice of proposed defined in 7 U.S.C. 75 and products likely affect a significant number of rulemaking to solicit suggestions from thereof, be filed with the Board, small entities. The Board, however, the transportation community for containing such nonconfidential appropriate regulations. Following the seeks comments on whether there information as the Board prescribes. receipt of comments, the Board will This represents a substantial narrowing would be effects on small entities that issue a notice of proposed rulemaking. from the prior filing requirement. Under should be considered. DATES: Comments are due on April 25, former § 10713(b)(1), the filing This action will not significantly 1996. requirement applied to all rail affect either the quality of the human ADDRESSES: Send comments (an original transportation contracts (not just environment or the conservation of and 10 copies) referring to STB Ex Parte contracts to transport agricultural energy resources. No. 541 to: Surface Transportation products), and carriers were required to file the complete contract with the ICC List of Subjects in 49 CFR Part 1039 Board, Office of the Secretary, Case Control Branch, 1201 Constitution (in addition to the summary of Agricultural commodities, Intermodal Avenue NW., Washington, DC 20423. nonconfidential information). New § 10709(d)(1) directs the Board to transportation, Manufactured FOR FURTHER INFORMATION CONTACT: establish rules for such contracts for commodities, Railroads. Beryl Gordon, (202) 927–5610. [TDD for agricultural products, to ensure that the the hearing impaired: (202) 927–5721.] Decided: March 12, 1996. essential terms of such contracts are By the Board, Chairman Morgan, Vice SUPPLEMENTARY INFORMATION: The ICC available to the general public. But, Chairman Simmons and Commissioner Termination Act of 1995, Pub. L. No. unlike former § 10713(b)(2)(A), the new Owen. 104–88, 109 Stat. 803 (ICCTA), enacted statute does not list the minimum on December 29, 1995, abolished the Vernon A. Williams, essential terms; it leaves that matter for ICC and transferred the responsibility Secretary. Board implementation. Similarly, unlike for regulating rail transportation to the former § 10713(b)(2)(B), the new statute For the reasons set forth in the Board. See ICCTA Section 101 (abolition does not address whether a new filing preamble and under the authority of 49 of the ICC). See also new 49 U.S.C. is required for amendments, U.S.C. 721(a), the Board proposes to 701(a) (establishment of the Board), as supplements, or changes to such amend title 49, chapter X, part 1039 of enacted by ICCTA Section 201(a). The contracts; that too is a matter left to the the Code of Federal Regulations as set transfer took effect on January 1, 1996. Board. See ICCTA Section 2 (effective date). forth below: New § 10709(d)(2) provides that The new law (i.e., the law in effect on documents, papers, and records relating PART 1039ÐEXEMPTIONS and after January 1, 1996) differs in to a rail transportation contract are not several important respects from the subject to disclosure under the Freedom 1. The authority citation for part 1039 former law (i.e., the law in effect prior of Information Act, 5 U.S.C. 552 (FOIA). continues to read as follows: to January 1, 1996). This notice This is a new provision, with no concerns the differences between new Authority: 5 U.S.C. 553 and 49 U.S.C. 721 analogue in former § 10713. 49 U.S.C. 10709 and former 49 U.S.C. New § 10709(e) reenacts the and 10502. 10713 as respects contracts entered into ‘‘grandfathering’’ provision of former § 1039.14 [Amended] by rail carriers to provide specified rail § 10713(j) for rail transportation services under specified rates and contracts that predate the Staggers Rail 2. Section 1039.14 is amended by conditions. Act of 1980. removing paragraph (b)(5) and New § 10709(a) provides that rail New § 10709(f) specifies that a rail redesignating paragraphs (b)(6) and (7) carriers may enter into contracts to carrier that enters into a transportation as paragraphs (b)(5) and (6). provide specified rail services under contract remains subject to the common specified rates and conditions. This is a [FR Doc. 96–7239 Filed 3–25–96; 8:45 am] carrier obligation, as set forth in new reenactment of former § 10713(a). BILLING CODE 4915±00±P New § 10709(b) relieves a party to 1 7 U.S.C. 75 is the codification of section 3 of the such a contract from any duties other United States Grain Standards Act. 13148 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

§ 11101, with respect to rail commitments which deprive a carrier of By the Board, Chairman Morgan, Vice transportation not provided under such its ability to respond to reasonable Chairman Simmons, and Commissioner a contract. This is a new provision that requests for common carrier service are Owen. clarifies prior law. not reasonable. Vernon A. Williams, New § 10709(g) reenacts the New § 10709 does not retain the Secretary. complaint provisions of former railroad contract rate advisory service of [FR Doc. 96–7238 Filed 3–25–96; 8:45 am] § 10713(d), but limits their applicability. former § 10713(m). BILLING CODE 4915±00±P Under new § 10709(g), complaints may only be filed against contracts for the Request for Comments transportation of agricultural products. The ICC’s regulations implementing DEPARTMENT OF COMMERCE As to such contracts, four grounds of former § 10713, set forth at 49 CFR Part complaint are available. They are: (1) a 1313, are not appropriate for National Oceanic and Atmospheric complaint by any shipper alleging that implementing new § 10709. Therefore, Administration it will be harmed because the contract we invite all interested persons to will unduly impair the ability of the 50 CFR Part 662 submit suggestions for regulations that contracting carrier to meet its common would be appropriate to implement new [Docket No. 960314075±6077±03; I.D. carrier obligations to the complainant § 10709. We encourage the various 031196F] under new § 11101 (new sectors of the transportation community § 10709(g)(2)(A)(i)); (2) a complaint by a RIN 0648±AI16 to discuss these matters and present a port alleging that it will be harmed proposal for the Board’s consideration. because the contract will result in Northern Anchovy Fishery; Removal of unreasonable discrimination against it Comments (an original and 10 copies) Regulations must be in writing, and are due on April (new § 10709(g)(2)(A)(ii)); (3) a AGENCY: National Marine Fisheries complaint by an agricultural shipper 25, 1996. Service (NMFS), National Oceanic and seeking matching terms (new We encourage any commenter that Atmospheric Administration (NOAA), § 10709(g)(2)(B)(i)); and (4) a complaint has the necessary technical wherewithal Commerce. by an agricultural shipper alleging that to submit its comments as computer ACTION: Initial decision to withdraw the contract constitutes a destructive data on a 3.5-inch floppy diskette plan approval, proposed rule to remove competitive practice (new formatted for WordPerfect 5.1, or regulations, and request for comments. § 10709(g)(2)(B)(ii)). formatted so that it can be readily Such complaints must be filed within converted into WordPerfect 5.1. Any SUMMARY: NMFS announces its initial 30 days after the contract summary is such diskette submission (one diskette determination to withdraw Secretarial filed (new § 10709(g)(1)), and the Board will be sufficient) should be in addition approval of the Northern Anchovy has 30 days to resolve complaints (new to the written submission (an original Fishery Management Plan (FMP), and § 10709(g)(3)). It should be noted that, in and 10 copies). proposes to remove the regulations contrast to former § 10713(b)(2)(A), new implementing the FMP. The anchovy Small Entities § 10709(g) does not address discovery fishery would continue to be regulated by agricultural shippers seeking Because this is not a notice of by the State of California. This action is remedies. This is a matter left to the proposed rulemaking within the being proposed because conditions have Board’s discretion. meaning of the Regulatory Flexibility changed significantly since approval of New § 10709(h) retains the fleetwide Act (5 U.S.C. 601 et seq.), we need not the FMP. Harvests of northern anchovy equipment limitation of former conduct at this point an examination of have greatly declined since 1982 and § 10713(k), which prohibits a carrier impacts on small entities. We will this is unlikely to change in the from committing more than 40 percent certainly welcome, of course, any foreseeable future. The intent of this of its equipment capacity (by car type) comments respecting whether any rulemaking is to remove regulations that in contracts for the transportation of regulations that commenters may duplicate state management and are no agricultural commodities (including suggest would have significant longer necessary. This rulemaking is in forest products, but not including wood economic effects on any substantial accordance with the President’s pulp, wood chips, pulpwood or paper), number of small entities. Regulatory Reinvention Initiative. without special permission from the DATES: Comments on the proposed rule Board. However, that limitation is set to Environment must be received on or before May 9, expire on September 30, 1998. (A The issuance of this advance notice of 1996. further limitation in former § 10713(k), proposed rulemaking will not on the amount of equipment that could ADDRESSES: Send comments on the significantly affect either the quality of be committed by contract to an proposed withdrawal and removal, and the human environment or the individual shipper, was not reenacted.) on the Environmental Assessment/ It is important to note that a rail conservation of energy resources. Regulatory Impact Review (EA/RIR) to carrier may enter into transportation Furthermore, we would not expect that Ms. Hilda Diaz-Soltero, Director, contracts only to the extent that such regulations suggested for implementing Southwest Region, NMFS, 501 West contracts do not impair that carrier’s new 49 U.S.C. 10709 would Ocean Blvd., Suite 4200, Long Beach, ability to meet its common carrier significantly affect either the quality of CA 90802–4213. A copy of the EA/RIR obligations. New § 11101(a) provides the human environment or the may be obtained from the same address. that a rail carrier does not violate its conservation of energy resources. We FOR FURTHER INFORMATION CONTACT: Mr. common carrier obligations merely certainly welcome, of course, any Rodney McInnis or Mr. James Morgan at because it fulfills reasonable contractual comments respecting whether any (310) 980–4030. commitments before responding to suggested regulations would have any SUPPLEMENTARY INFORMATION: The FMP reasonable requests for common carrier such effects. to manage the central subpopulation of service. New § 11101(a) further Authority: 49 U.S.C. 721(a) and 10709. northern anchovy was implemented on provides, however, that contractual Decided: March 12, 1996. September 13, 1978 (43 FR 40868). The Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13149 anchovy resource is a major forage Classification longer exists. This action is in species for marine mammals, other fish, This proposed rule has been accordance with the President’s and birds such as the California brown determined to be not significant for Regulatory Reinvention Initiative. pelican, which is listed as endangered purposes of E.O. 12866. DATES: Comments must be received at under the Endangered Species Act The Assistant General Counsel for the following address by May 9, 1996. (ESA). There have been six amendments Legislation and Regulation of the ADDRESSES: Comments must be sent to to the FMP. Department of Commerce has certified Ronald J. Berg, Chief, Fisheries The FMP was one of the first fishery to the Chief Counsel for Advocacy of the Management Division, Alaska Region, management plans developed by the Small Business Administration that this NMFS, P.O. Box 21668, Juneau, AK Pacific Fishery Management Council, proposed rule, if adopted, would not 99802–1668, Attn: Lori Gravel. under the authority of the Magnuson have a significant economic impact on Individual copies of the Environmental Assessment/Regulatory Impact Review Fishery Conservation and Management a substantial number of small entities. prepared for this action may be obtained Act. At the time, substantial reduction We expect that California will regulate from the same address. fisheries existed in the United States fishing in the same manner that we FOR FURTHER INFORMATION CONTACT: Kaja and Mexico. (Reduction fisheries currently do. Because virtually the entire anchovy fishery takes place in Brix, 907–586–7228. processed anchovy into fish flour/meal, California waters, conditions in the oil, fertilizer, or other products not SUPPLEMENTARY INFORMATION: fishery should not change. The Magnuson Fishery Conservation intended for human consumption). NMFS is conducting an ESA and Management Act (Magnuson Act) Further, recreational fisheries for kelp/ consultation with the U.S. Fish and authorizes the North Pacific Fishery sand bass, white seabass, bonito, Wildlife Service regarding the effects of Management Council (Council) to barracuda, yellowtail, and tunas this proposed action on the endangered prepare and amend fishery management depended on northern anchovy as live brown pelican. plans for any fishery in waters under its bait for its livelihood, as it still does jurisdiction. In December 1978, the List of Subjects in 50 CFR Part 662 today. The FMP was designed to resolve Council prepared the FMP and difficult allocation issues. There was, Fisheries. submitted it to the Secretary of and still is, no agreement with Mexico Dated: March 20, 1996. Commerce (Secretary) for approval. The on how to manage the fishery. Gary Matlock, Secretary approved the FMP, and it was With the decline in U.S. harvests and Program Management Officer, National implemented in May 1979 with Federal little prospect for growth in the fishery, Marine Fisheries Service. regulations at 50 CFR part 674. The Assistant Administrator for interjurisdictional and allocation issues, For the reasons set out in the Fisheries, NOAA, submitted a letter, which might require Federal preamble, under the authority of 16 dated February 23, 1996, to the Council intervention, no longer exist. In recent U.S.C. 1801 et seq., 50 CFR part 662 is Chairman, expressing NMFS’ intent to years, virtually the entire fishery has proposed to be removed. occurred in California waters, and withdraw approval of the FMP and to [FR Doc. 96–7185 Filed 3–25–96; 8:45 am] remove its implementing regulations. nearly all harvesters and processors are BILLING CODE 3510±22±F California citizens utilizing vessels The State of Alaska would retain its registered in California. The condition authority to manage State-permitted vessels in Federal waters. Currently, all of the fishery is such that no 50 CFR Part 674 vessels that fish for salmon in Federal management authority over this fishery [Docket No. 960314075±6083±04; I.D. waters are registered under the laws of is exercised through Federal regulations 031196D] the State of Alaska, and, therefore, are that are beyond those available to the subject to the State laws governing the RIN 0648±AI16 State. fishery. In the unlikely event that California has management measures Salmon Fisheries Off the Coast of unregistered vessels were to conduct in place for anchovy and other Alaska; Removal of Implementing directed salmon fishing operations in components of the coastal pelagic Regulations the EEZ, NMFS could address the species complex. Should this proposed problem through regulatory action removal of Federal regulations be AGENCY: National Marine Fisheries pursuant to the Pacific Salmon Treaty finalized, NMFS anticipates that Service (NMFS), National Oceanic and Act of 1985 or the Magnuson Act. California will broaden its management Atmospheric Administration (NOAA), The FMP originally established the to include the anchovy fishery with Commerce. Council’s management authority over substantially the same controls as were ACTION: Proposed rule; request for the salmon fisheries in the Federal provided by Federal regulations. This comments. waters off the coast of Alaska east of ° would also unify management of the 175 E. long., including parts of the Gulf coastal species complex fisheries. SUMMARY: NMFS announces its initial of Alaska, Bering Sea, Chuckchi Sea, determination to withdraw approval of and Arctic Ocean. The International Therefore, Federal management is the Fishery Management Plan for the North Pacific Fisheries Commission, neither necessary nor appropriate for Salmon Fisheries in the Exclusive which is authorized by the International this fishery and unnecessarily Economic Zone (EEZ) off the Coast of Convention for the High Seas Fisheries duplicates the State of California’s Alaska East of 175° E. Long. (FMP). of the North Pacific Ocean, manages management. For these reasons, NMFS NMFS proposes to remove the salmon fisheries west of 175° E. long. proposes to withdraw approval for the regulations implementing the FMP. This The FMP management area is divided FMP and remove the FMP’s action is necessary, because NMFS has into two management units located east implementing regulations (50 CFR part determined that the State of Alaska and west of the longitude of Cape 662), leaving management of the adequately manages the salmon Suckling (143°53′35′′ W. long.). The anchovy resource to the State of fisheries in Federal waters, and, FMP has historically focused on the California. therefore, the need for a Federal FMP no troll fishery in the eastern management 13150 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules unit. Implementing regulations management is not necessary and An RIR was prepared for this governing the troll fishery consisted of proposes to withdraw Secretarial proposed rule that describes the several management measures, approval of the FMP and remove the management background, the purpose including a fishing season, gear implementing Federal regulations. and need for action, and the restrictions, a limit on the number of management action alternatives. Copies Classification vessel troll permits, and a requirement of the RIR can be obtained from (see for trollers to have either a State of The Assistant General Counsel for ADDRESSES). Alaska or a Federal limited entry troll Legislation and Regulation of the This proposed rule has been permit. The Council intended all of its Department of Commerce certified to determined to be not significant for management measures governing the the Chief Counsel for Advocacy of the purposes of E.O. 12866. sport fishery and the commercial troll Small Business Administration that this fishery to complement State of Alaska proposed rule, if adopted, would not List of Subjects in 50 CFR Part 674 regulations for the salmon fisheries in have a significant economic impact on Fisheries, Fishing, Reporting and adjacent State waters. The FMP has a substantial number of small entities recordkeeping requirements. been amended four times. Amendment because the State of Alaska is already Dated: March 21, 1996. 3 deferred the management of the managing the fishery with its salmon fisheries to the State of Alaska. regulations. Removal of Federal Gary Matlock, NMFS has considered the adequacy of regulations eliminates duplication of Program Management Officer, National State of Alaska management of salmon effort but does not effect management of Marine Fisheries Service. fisheries within waters of the Council’s the fishery. As a result, a regulatory For the reasons set out in the area of authority with respect to flexibility analysis was not prepared. preamble, under the authority of 16 advisory guidelines at 50 CFR part 602, Consultation pursuant to section 7 of U.S.C. 1801 et seq., part 674 is proposed and has determined that State the Endangered Species Act will be to be removed. management is adequate. Therefore, initiated for the 1996 fishery and for the [FR Doc. 96–7286 Filed 3–25–96; 8:45 am] NMFS has determined that Federal withdrawal of the FMP. BILLING CODE 3510±22±F 13151

Notices Federal Register Vol. 61, No. 59

Tuesday, March 26, 1996

This section of the FEDERAL REGISTER whether licensees are meeting the goals constructing a 10 MW combustion contains documents other than rules or and purposes of the Woodsy Owl turbine electric generation power plant proposed rules that are applicable to the Program. and fuel tanks for increasing generation public. Notices of hearings and investigations, Estimate of Burden: Public reporting capacity at its Swampy Acres committee meetings, agency decisions and burden for this collection of information Substation. The new generation would rulings, delegations of authority, filing of is estimated to average 20 hours per petitions and applications and agency replace the four existing diesel statements of organization and functions are response. generators representing a total of 6 MW examples of documents appearing in this Respondents: Businesses or other for- of capacity at the same site. The need section. profit, and small businesses or for this project was established in KEA’s organizations. 1994 Power Requirements Study and Estimated Number of Respondents: 1994 Power Generation Study. DEPARTMENT OF AGRICULTURE 10. RUS has concluded that the impacts Estimated Number of Responses per from the proposed project would not be Forest Service Respondent: 4. Estimated Total Annual Burden on significant and that the proposed action Notice of Request for Extension of Respondents: 800 hours. is not a major Federal action Currently Approved Information significantly affecting the quality of the Collection Comments human environment. Therefore, the Comments are invited on: (a) Whether preparation of an environmental impact AGENCY: Forest Service, USDA. the proposed collection of information statement is not necessary. ACTION: Notice of intent request for is necessary for the proper performance FOR FURTHER INFORMATION CONTACT: comments. of the functions of the agency, including Lawrence R. Wolfe, Senior whether the information will have SUMMARY: In accordance with the Environmental Protection Specialist, practical utility; (b) the accuracy of this Paperwork Reduction Act of 1995, this Engineering and Environmental Staff, agency’s estimate of the burden of the notice announces the Forest Service’s Rural Utilities Service, Agriculture proposed collection of information; (c) intention to extend a currently approved South Building, Washington, DC 20250– ways to enhance the quality, utility, and information collection. The purpose is 1571, telephone (202) 720–1784. clarity of the information to be to collect specific sales data from SUPPLEMENTARY INFORMATION: collected, and (d) ways to minimize the RUS, in businesses licensed to utilize the burden of the collection of information accordance with its environmental ‘‘Woodsy Owl’’ symbol for commercial on respondents, including the use of policies and procedures, required that use. The information is also used to automated collection techniques or KEA prepare a Borrower’s determine if guaranteed sales objectives other forms of information technology. Environmental Report (BER) reflecting are being met. This data is needed to the potential impacts of the proposed comply with 7 U.S.C. 2201 and Dated: March 19, 1996. facilities. The BER, which includes regulations at 36 CFR part 272—Use of William L. McCleese, input from the Federal, State, and local ‘‘Woodsy Owl’’ Symbol. Associate Deputy Chief, State and Private agencies, has been adopted as RUS’s DATES: Comments must be submitted on Forestry. Environmental Assessment for the or before May 28, 1996. [FR Doc. 96–7177 Filed 3–25–96; 8:45 am] project in accordance with 7 CFR ADDRESSES: All comments should be BILLING CODE 3410±11±M Section 1794.61. RUS has concluded addressed to: Director, Cooperative that the BER represents an accurate Forestry Staff, Attn: Woodsy Owl assessment of the environmental Program Coordinator, Forest Service, Rural Utilities Service impacts of the project. The proposed USDA, P.O. Box 96090, Washington, project will not affect any known Kodiak Electric Association, Inc. D.C. 20090–6090. properties listed or eligible for listing in Finding of No Significant Impact FOR FURTHER INFORMATION CONTACT: the National Register of Historic Places. Doris Nance at (202) 401–7781. AGENCY: Rural Utilities Service, USDA. The project will be constructed on land ACTION: Notice of Finding of No which has previously been disturbed. SUPPLEMENTARY INFORMATION: Significant Impact. However, if previously unknown Tile: USDA, Forest Service resources are discovered during project Commercial Use of ‘‘Woodsy Owl’’ SUMMARY: Notice is hereby given that construction, KEA will halt construction Symbol. the Rural Utilities Service (RUS), while the significance of the find and OMB Number: 0596–0087. pursuant to the National Environmental proper mitigation is determined. Given Expiration Date of Approval: March Policy Act of 1969, as amended, the these procedures, the project will not 31, 1996. Council on Environmental Quality have any significant effect on cultural Type of Request: Extension of a Regulations (40 CFR Parts 1500–1508), resources. The project should have no currently approved information and RUS Environmental Policies and impact on floodplains, wetlands, collection. Procedures (7 CFR Part 1794), has made important farmland, prime forest land, Abstract: This collection of a Finding of No Significant Impact formally classified areas, coastal areas, information is used to bill licensees for (FONSI) with respect to a project federally listed or proposed for listing royalty fees for Woodsy Owl proposed by Kodiak Electric threatened or endangered species or merchandise sold to the public. The Association, Inc. (KEA), of Kodiak, their critical habitat. The project should information is also used to determine Alaska. The proposed project consists of also have no significant impact on 13152 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices water quality, air quality, noise or expires December 31, 1996. Title 13, Estimated Number of Respondents: visibility. United States Code, Section 182, 4,800 per month. Alternatives considered to the project authorizes the collection of the HVS. Estimated Time Per Response: 3 as proposed were no action, a review of The HVS has been conducted since minutes. various alternative energy sources and 1956 and serves a broad array of data their application, power demand and users as described below. Estimated Total Annual Burden load management alternatives, and We collect the HVS data for a sample Hours: 2,880. alternative sites. RUS has considered of vacant housing units identified in the Estimated Total Annual Cost: these alternatives and concluded that monthly Current Population Survey $585,000. the project as proposed will allow KEA (CPS) sample, which provide the only to provide adequate and reliable electric quarterly and annual statistics on rental IV. Request for Comments service to the customers in the Kodiak vacancy rates and homeownership rates Comments are invited on: (a) whether Island with a minimum of adverse for the United States, the 4 census the proposed collection of information impact. regions, the 50 states and the District of is necessary for the proper performance Copies of the BER and FONSI are Columbia, and the 75 largest of the functions of the agency, including available for review at RUS at the Metropolitan Areas (MAs). Private and whether the information shall have aforementioned address, or may be public sector organizations use these practical utility; (b) the accuracy of the reviewed at or obtained from the offices rates extensively to gauge and analyze agency’s estimate of the burden of KEA, P.O. Box 787, Kodiak, Alaska, the housing market with regard to (including hours and cost) of the 99615 telephone (907) 486–7700. supply, cost, and affordability at various proposed collection of information; (c) Dated: March 18, 1996. points in time. In addition, the rental ways to enhance the quality, utility, and Adam M. Golodner, vacancy rate is a component of the clarity of the information to be Deputy Administrator, Program Operations. index of leading economic indicators, collected; and (d) ways to minimize the published by the Department of [FR Doc. 96–7248 Filed 3–25–96; 8:45 am] burden of the collection of information Commerce. on respondents, including through the BILLING CODE 3410±15±P Policy analysts, program managers, use of automated collection techniques budget analysts, and Congressional staff or other forms of information use these data to advise the executive technology. DEPARTMENT OF COMMERCE and legislative branches of Government with respect to the number and Comments submitted in response to Bureau of the Census characteristics of units available for this notice will be summarized and/or included in the request for OMB Housing Vacancy Survey; Proposed occupancy and the suitability of approval of this information collection; Agency Information Collection housing initiatives. Several other they also will become a matter of public Activity; Comment Request Government agencies use these data on a continuing basis in calculating record. SUMMARY: The Department of consumer expenditures for housing as a Dated: March 21, 1996. Commerce, as part of its continuing component of the gross national Linda Engelmeier, effort to reduce paperwork and product; to project mortgage demands; Acting Departmental Forms Clearance respondent burden, invites the general and to measure the adequacy of the public and other Federal agencies to Officer, Office of Management and supply of rental and homeowner units. Organization. take this opportunity to comment on In addition, investment firms use the [FR Doc. 96–7300 Filed 3–25–96; 8:45 am] proposed and/or continuing information HVS data to analyze market trends and collections, as required by the for economic forecasting. BILLING CODE 3510±07±M Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. II. Method of Collection 3506(c)(2)(A)). Field representatives collect this HVS International Trade Administration DATES: information by personal-visit interviews Submit written comments on or Export Trade Certificate of Review before May 28, 1996. in conjunction with the regular monthly CPS interviewing. If a unit is vacant and ADDRESS: Direct all written comments to ACTION: Notice of Issuance of an intended for year-round occupancy, as Linda Engelmeier, Acting Departmental amended Export Trade Certificate of determined during the CPS interview, Forms Clearance Officer, Department of Review, Application No. 87–10A004. Commerce, Room 5327, 14th and we include it in the HVS sample. Constitution Avenue, NW, Washington, Approximately 4,800 units in the CPS DC 20230. sample meet these criteria each month. SUMMARY: On December 1, 1996, the FOR FURTHER INFORMATION CONTACT: We interview individuals who have Department of Commerce issued an Requests for additional information or knowledge of the vacant sample unit amendment to the Export Trade copies of the information collection (e.g., landlord, rental agents, neighbors). Certificate of Review granted to the instrument and instructions should be All interviews are conducted using Association for Manufacturing directed to Oscar Perez, Bureau of the computer-assisted interviewing. Technology (‘‘AMT’’). The original Census, FOB 3, Room 3340, III. Data Certificate was issued on May 19, 1987 (52 FR 19371) and notice of issuance Washington, DC 20233–8400, (301) 457– OMB Number: 0607–0179. 3806. was published in the Federal Register Form Number: There are no forms on May 22, 1987. SUPPLEMENTARY INFORMATION: associated with this supplement. We conduct all interviewing on computers. FOR FURTHER INFORMATION CONTACT: W. I. Abstract Type of Review: Regular. Dawn Busby, Director, Office of Export The Census Bureau is requesting Affected Public: Individuals who have Trading Company Affairs, International clearance for the Housing Vacancy knowledge of the vacant sample unit Trade Administration, (202) 482–5131. Survey (HVS). The current clearance (e.g., landlord, rental agents, neighbors). This is not a toll-free number. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13153

SUPPLEMENTARY INFORMATION: Title III of Feldmann, Inc.; Grotnes Metalforming impacting winter steelhead that migrate the Export Trading Company Act of l982 Systems, Inc.; Hoglund Technology through the Ballard Locks in Seattle, (15 U.S.C. Sections 4001–21) authorizes Corporation; IRD Mechanalysis, Inc.; WA, under a Letter of Authorization the Secretary of Commerce to issue Imperial Stamp & Engraving Company; (LOA) issued to the State of Export Trade Certificates of Review. The J.A.C.P., Inc.; Kalamazoo Saw Co.; Louis Washington. NMFS also announces the regulations implementing Title III are Levin & Sons Inc.; Morgan Industries, availability of an Environmental found at 15 CFR Part 325 (1993). Inc.; Multipress Division; Rank Taylor Assessment (EA) that examines the The Office of Export Trading Hobson Inc.; S–P/Sheffer International, environmental consequences of Company Affairs is issuing this notice Inc.; Schuler Incorporated. alternatives for modifying the pursuant to 15 CFR 325.6(b), which 3. Change the listing of the company conditions for lethal removal of sea requires the Department of Commerce to name for each current ‘‘Member’’ cited lions. publish a summary of a Certificate in in this paragraph to the new listing cited ADDRESSES: A copy of the EA and other the Federal Register. Under Section in this paragraph in parenthesis as documentation may be obtained by 305(a) of the Act and 15 CFR 325.11(a), follows: Cellular Concepts Company writing to William Stelle, Jr., Director, any person aggrieved by the Secretary’s (Cellular Concepts Co.); Control Laser Northwest Region, NMFS, 7600 Sand determination may, within 30 days of Corporation (Excel/Control); Debur Point Way NE, Seattle, WA 98115, or by the date of this notice, bring an action Corporation (Surf/Tran Burlytic Systems telephoning (206) 526–6150. in any appropriate district court of the Division); S.E. Huffman Corporation SUPPLEMENTARY INFORMATION: Pursuant United States to set aside the (Huffman); Katy/CRL, Inc. (CRL to section 120(b) of the Marine Mammal determination on the ground that the Industries, Inc.); Komatsu-Cybermation Protection Act (MMPA), the State of determination is erroneous. (Komatasu Cutting Technologies); Washington submitted an application to Description of Amended Certificate Mattison Machine Works (Mattison NMFS on June 30, 1994, requesting Technologies); Moore Special Tool Co., AMT’s Export Trade Certificate of consideration of lethal removal of Inc. (Moore Tool Co.); Morey Review has been amended to: California sea lions at the Ballard Locks 1. Add each of the following Machinery, Inc. (Morey Machinery in Seattle, WA. In response to the companies as a new ‘‘Member’’ of the Manufacturing Corp.); Niagara Machine application, NMFS formed the Ballard Certificate: Acro Automation Systems, & Tool Works (Clearing Niagara); Locks Pinniped-Fishery Interaction Task Inc., Milwaukee, Wisconsin; Automatic Positech Corporation (CM Positech); Force (Task Force). The Task Force met Design Concepts, Bridgeport, Roberts Machine Corp. (Niagara Falls in late 1994, reviewed the available Connecticut; Bentz, Incorporated, Grinders); Setco Sales company (Setco); information and recommended approval Detroit, Michigan; Capco, Inc., Roanoke, Sheffield Schaudt Grinding Systems, of lethal removal with conditions. Virginia; Creative Automation, Inc., Inc. (United Grinding Technologies); NMFS took the recommendations of the Plymouth, Michigan; Edgetek Machine Whitnon Spindle Division/GMN Task Force and public comments into Corporation, Meriden, Connecticut; (Whitnon Spindle Division/Setco). consideration and issued a 3-year LOA ESAB L–TEC Cutting Systems, Florence, A copy of the amended Certificate to the Washington Department of Fish South Carolina; GEC Alsthom Cyril Bath will be kept in the International Trade and Wildlife (WDFW) on January 4, Company, Monroe, North Carolina; Administration’s Freedom of 1995, that provided terms and Grav-i-Flo Corporation, Sturgis, Information Records Inspection Facility, conditions for lethal removal through Michigan; Hobart Brothers Company, Room 4 102, U.S. Department of June 30, 1997. NMFS prepared an EA in Livermore, California; ISI Robotics, Commerce, 14th Street and Constitution January 1995 that considered lethal Frazer, Michigan; Jasco Tools, Inc., Avenue, N.W., Washington, D.C 20230. removal, as well as non-lethal Rochester, New York; Keller Industries, Dated: March 20, 1996. alternatives, and determined that the Hollandale, Minnesota; K.T. Design & W. Dawn Busby, authorized lethal removal would not Prototype, Winchester, Virginia; Director, Office of Export Trading Company have a significant effect on the human Metalsoft, Inc., Santa Ana, California; Affairs. environment in accordance with the MHI Machine Tool USA, Inc., Bristol, [FR Doc. 96–7299 Filed 3–25–96; 8:45 am] Council on Environmental Quality’s Connecticut (controlling entity: BILLING CODE 3510±DR±P regulations implementing the National Mitsubishi Heavy Industries of Environmental Policy Act (NEPA). America); MHO Corporation, Section 120 of the MMPA requires Emeryville, California; Natco/Carlton National Oceanic and Atmospheric that the Task Force ‘‘evaluate the L.P., Richmond, Indiana; OMAX Administration effectiveness of the permitted Corporation, Auburn, Washington; intentional lethal taking or alternative Optical Gaging Products, Inc., [I.D. 031196B] actions implemented’’ and ‘‘if Rochester, New York; Precitech Inc., Marine Mammals; Pinniped Removal implementation was ineffective in Keene, New Hampshire; RWC Authority eliminating the problem interaction, the Incorporated, Bay City, Michigan; Task Force shall recommend additional Taurus Products, Inc., Sterling Heights, AGENCY: National Marine Fisheries actions.’’ Accordingly, the Task Force Michigan; Wisconsin Machine Tool Service (NMFS), National Oceanic and was reconvened in September 1995 to Corporation, West Allis, Wisconsin. Atmospheric Administration (NOAA), evaluate the effectiveness of the 2. Delete each of the following Commerce. measures taken by the State during the companies as a ‘‘Member’’ of the ACTION: Notice of revised Letter of winter steelhead run in 1995 and Certificate: Airlock Manufacturing Authorization and availability of an prepared a report with Company; Autospin, Inc.; Black Environmental Assessment. recommendations for modifications to Brothers Co.; Bracker Corporation the LOA to eliminate sea lion predation Pittsburgh; Cammann, Inc.; Curtin SUMMARY: NMFS announces on returning adult steelhead to the Hebert Co. Inc.; DEA; DeHoff modifications to the conditions for the maximum extent possible. The report Incorporated; Ekstrom, Carlson & lethal removal of individually and recommendations were submitted Company; Federal Press Company; identifiable California sea lions that are to NMFS on November 8, 1995. 13154 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Based on the Task Force report and attempted on sea lions that enter and b. The ACC shall review active new information collected since forage in the ensonified area. capture protocols and make issuance of the LOA in January 1995, 2. Only ‘‘predatory’’ California sea recommendations on the procedures NMFS has concluded that the lions may be lethally removed. A and use of any drugs. previously issued conditions under ‘‘predatory’’ sea lion is an individually c. The ACC shall develop protocols which the lethal removal of California identified sea lion (i.e., one bearing a for euthanizing sea lions. sea lions may be implemented, should brand mark, dart tag, flipper tags or 7. ‘‘Predatory’’ sea lions that are be modified to better protect the other distinguishable natural marks) identified for lethal removal are to be depressed and declining Lake that: euthanized using protocols developed Washington winter steelhead a. Has been observed by biologists by the ACC. Nevertheless, the State population. The winter steelhead monitoring sea lion predation to have shall provide sea lions captured for spawning escapement in 1994/95 was preyed on returning steelhead in the lethal removal to an Indian tribe with 126 fish, and the 1995/96 run size is inner bay area of the Lake Washington treaty rights to harvest marine mammals predicted to be approximately 146 Ship Canal (upstream of the railroad in the Lake Washington Ship Canal that steelhead. The 1995/96 steelhead run bridge); and requests the animals for subsistence use. comprises primarily the progeny from b. Has penetrated the acoustic barrier In that circumstance, the State shall the 1990/91 and 1991/92 brood years and has been observed foraging in the allow the tribe to dispatch the animal in when escapements exceeded 200 fish ensonified zone during the steelhead a humane manner that allows for (621 and 599 respectively) and, run since January 1, 1994 (when the subsistence use. 8. If 15 sea lions are lethally removed therefore, represents the ‘‘last best’’ acoustic deterrence program began); and under this authorization, lethal removal opportunity to have sufficient numbers c. Is observed engaging in foraging must cease, and NMFS will immediately of spawners available upon which to behavior in the inner bay area (upstream reconvene the Task Force for the base a potentially successful recovery of the railroad bridge) during the current purpose of evaluating the effectiveness program. After the 1995/96 run, the steelhead season, between January 1 and of the measures implemented and number of returning adult spawners will May 31, by biologists monitoring sea making recommendations on further likely decline precipitously because the lion predation at the Locks. broodstock in the years that will actions. 3. Information collected to date 9. This authorization may be modified produce these future runs was indicates that sea lions with brand extremely small; the 1996/97 run is or revoked by NMFS based on Task numbers 17, 41 and 225 meet the Force recommendations under estimated to be less than 100 steelhead. definition of a ‘‘predatory’’ sea lion if The 1995/96 run size projection of 146 Condition (8) above. they are observed foraging in the inner 10. This authorization is valid until steelhead is substantially below the goal bay area during the current or next of 1600 spawners (91 percent below) June 30, 1997, although it may be year’s steelhead season from January 1 modified as needed. needed to fully seed the available to May 31. Furthermore, sea lions with habitat. In addition, the number of a. On September 1 of each year that brand numbers 45 and 87 will meet the returning adult steelhead is within the this authorization is valid, the State definition if they are observed to prey range considered to be near the must submit a report on the efforts on a steelhead in the inner bay area threshold level below which the ability undertaken to reduce predation, its during the current or next year’s of the population to recover may be compliance with the conditions in this steelhead season from January 1 to May impaired. Therefore, sea lion predation authorization, and how the State will 31. Lethal removal of other sea lions is on adult spawners returning in 1996 comply with the conditions in the authorized only if the State determines and beyond is likely to have a following year. The report also must that the subject animal meets the significant negative impact on the status describe progress on longer-term efforts ‘‘predatory’’ sea lion definition and and recovery of this steelhead being undertaken by the State to address population. In contrast, only a small obtains concurrence with such recovery of winter steelhead. number of ‘‘predatory’’ male sea lions determination from the Director, b. Pursuant to 16 U.S.C. 1389(c)(5), (about six to ten) are responsible for the Northwest Region, NMFS (Regional after receipt of the report, NMFS will impacts on the steelhead run, and Director). ask the Task Force to evaluate the removal of these sea lions will have an 4. Lethal removal of ‘‘predatory’’ sea State’s report and the effectiveness of insignificant impact on the current lions is authorized from January 1 any lethal take and the alternative population of California sea lions (U.S. through May 31. The State shall report actions. NMFS will consider the report, stock), which is estimated to be in any lethal takings under this the Task Force recommendations, and excess of 161,000 individuals and has authorization to the Regional Director the considerations set out in 16 U.S.C. been increasing at a rate of 5.2 percent within 48 hours following 1389, and may modify or extend the since 1975. implementation of the lethal action. authorization and conditions for the In accordance with section 120 of the 5. Active capture methods utilizing following year, or revoke the MMPA, NMFS has modified the tangle nets and potential use of drugs, authorization for lethal take. conditions contained in the LOA issued which may result in sea lion mortality, NEPA requires that Federal agencies to the State of Washington on January 4, are authorized for use only on conduct an environmental analysis of 1995, and sent a letter to the State ‘‘predatory’’ sea lions. their actions to determine if the actions stipulating the new conditions for lethal 6. The State will convene an Animal may affect the environment. removal of ‘‘predatory’’ California sea Care Committee (ACC) to provide Accordingly, NMFS prepared an EA that lions at the Ballard Locks as follows. recommendations on the handling of the explores the environmental 1. Non-lethal deterrence efforts, such sea lions. consequences of four alternatives to as acoustic deterrence, must be a. The ACC membership is (1) to modifying the conditions for lethal attempted prior to lethal removal. If an consist of veterinarians, marine removal, as a last resort to protect the ‘‘acoustic barrier’’ is implemented, other mammal caretakers, and Federal and depressed Lake Washington winter means of non-lethal deterrence, such as State marine mammal biologists, and (2) steelhead migrating through the Ballard underwater firecrackers, should be to be approved by the Regional Director. Locks from predation by California sea Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13155 lions. This 1996 EA is a supplement to, begin their meeting on April 17, at 8:00 (d) Review of a request for an and augments, an EA prepared in 1995 a.m. and will conclude on April 22, experimental fishing permit. that examined non-lethal alternatives to 1996. Other committee and workgroup Special Accommodations lethal removal. The EA also provides meetings may be held on short notice additional information and results of during the week; notices will be posted These meetings are physically actions taken to protect and enhance the at the meeting site. All meetings are accessible to people with disabilities. winter steelhead population in 1995. open to the public with the exception of Requests for sign language NMFS has evaluated the Council executive sessions to discuss interpretation or other auxiliary aids environmental consequences of the personnel, international issues, and should be directed to Helen Allen, 907– proposed action and has concluded that litigation. An executive session is 271–2809, at least 5 working days prior it is unlikely to result in any significant tentatively scheduled for 12:00 noon on to the meeting date. impacts on the human environment and April 18. Dated: March 19, 1996. therefore has made a finding of no The agenda for the meeting will Richard W. Surdi, significant impact (FONSI). The EA and include the following subjects: Acting Director, Office of Fisheries FONSI have been prepared in 1. Reports from the National Marine Conservation and Management, National accordance with NEPA and Fisheries Service and Alaska Marine Fisheries Service. implementing regulations at 40 CFR Department of Fish and Game on the [FR Doc. 96–7183 Filed 3–25–96; 8:45 am] parts 1500 through 1508 and NOAA current status of the fisheries off Alaska, BILLING CODE 3510±22±F guidelines concerning implementation reports on enforcement and of NEPA found in the NOAA international fisheries, and a status Administrative Order 216–6. report on the reauthorization of the [I.D. 031896C] Additional information on steelhead Magnuson Fishery Conservation and Pacific Fishery Management Council; enhancement and management Management Act. Public Meetings measures being taken by the State of 2. Initial review of Bering Sea/ Washington, or a copy of the EA and Aleutian Islands (BSAI) Pacific cod gear AGENCY: National Marine Fisheries FONSI is available upon request (see allocations, and a report on a ban on Service (NMFS), National Oceanic and ADDRESSES). night trawling. Atmospheric Administration (NOAA), Dated: March 13, 1996. 3. Reports on crab bycatch issues and Commerce. William W. Fox, Jr., Ph.D., initial review of an analysis on crab ACTION: Notice of public meetings. Director, Office of Protected Resources, caps and closures in Bristol Bay. 4. Final action on a third party, pay- SUMMARY: The Pacific Fishery National Marine Fisheries Service. Management Council (Council) and its [FR Doc. 96–7184 Filed 3–25–96; 8:45 am] as-you-go observer program and review of a Request for Proposals for the third advisory entities will hold public BILLING CODE 3510±22±F party entity. meetings. 5. Final review of an amendment to DATES: The Council meeting will be [I.D. 031896B] the sablefish and halibut individual held April 9–12, 1996. It will begin on fishery quota (IFQ) program which April 9, at 8 a.m. in a closed session (not North Pacific Fishery Management would increase ‘‘sweep-up’’ levels for open to the public) to discuss litigation. Council; Committee Meeting blocked shares. Other IFQ issues on the The open session begins at 8:30 a.m. agenda include initial review of two The Council meeting will reconvene at AGENCY: National Marine Fisheries 8 a.m. each day April 10 through April Service (NMFS), National Oceanic and other amendments to the program - an increase in the Bering Sea halibut 12. The meetings may continue each Atmospheric Administration (NOAA), day into the evening hours if necessary Commerce. ownership cap, and permitting the use of longline pots for sablefish in the to complete business. ACTION: Notice of meetings. Bering Sea. The IFQ Research Team will ADDRESSES: The meetings will be held at SUMMARY: The North Pacific Fishery give a preliminary report on the 1995 the South San Francisco Conference Management Council (Council) and its sablefish and halibut IFQ program. Center, 255 South Airport Boulevard, advisory bodies will meet the week of 6. Progress report on measures to South San Francisco, CA 94080; April 15, 1996, in Anchorage, AK. improve retention and utilization in the telephone: (415) 877–8787. groundfish fisheries off Alaska. Council address: Pacific Fishery DATES: See SUPPLEMENTARY INFORMATION 7. Review of the Proposed Rule for the Management Council, 2130 SW Fifth for specific dates and times. groundfish and crab license limitation Avenue, Suite 224, Portland, OR 97201. ADDRESSES: Anchorage Hilton Hotel, program, if available. FOR FURTHER INFORMATION CONTACT: 500 W. 3rd Avenue, Anchorage, AK 8. Review consolidated regulations for Lawrence D. Six, Executive Director; 99501. groundfish and crab and a Proposed telephone: (503) 326–6352. Council address: North Pacific Rule to repeal the Salmon Fishery SUPPLEMENTARY INFORMATION: The Fishery Management Council, 605 W. Management Plan (FMP). following items are on the Council 4th Ave., Suite 306, Anchorage, AK 9. Under groundfish management, the agenda: 99501–2252. following subjects will be discussed: A. Call to Order FOR FURTHER INFORMATION CONTACT: (a) Final review of an amendment to Council staff, telephone: 907–271–2809. delay the opening of the BSAI pollock B. Salmon Management SUPPLEMENTARY INFORMATION: The ‘‘B’’ season; 1. Tentative Adoption of 1996 Ocean Advisory Panel (AP) and the Scientific (b) Initial review of an amendment to Salmon Management Measures for and Statistical Committee (SSC) will overfishing definitions in the groundfish Salmon Technical Team Analysis begin on April 15, 1996, at 9:00 a.m. FMPs; 2. Clarify Council direction, if The SSC will conclude their meeting on (c) Definition of alternatives for a necessary April 17, and the AP will conclude their license limitation program for demersal 3. National Research Council Report meeting by April 18. The Council will shelf rockfish in the Gulf of Alaska; and on Pacific Northwest Salmonids 13156 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

4. Scoping session to identify plan SSC. The Groundfish Management FOR FURTHER INFORMATION CONTACT: amendment issues and alternatives Team will meet as necessary after the Kitty M. Simonds, Executive Director; 5. Identification of stocks not meeting joint session ends on April 9 and as telephone: (808) 522–8220. goals for 3 consecutive years necessary on April 10 and April 11. SUPPLEMENTARY INFORMATION: The SSC 6. Methodology review The Groundfish Advisory Subpanel will discuss and may make 7. Final action on 1996 measures will convene on April 8, at 1 p.m. and recommendations to the Council on the C. Report of the Steering Group on April 9 at 8 a.m. in conjunction with following agenda items: the Groundfish Management Team and 1. Pelagic fishery issues, including: D. Groundfish Management the SSC. The Groundfish Advisory (a) An update on the Pelagic Fisheries 1. Status of Federal regulations Subpanel will continue to meet after the Research Program, implementing Council actions joint session on April 9 and as necessary (b) Longline observer program: 2. Status of fisheries and inseason trip on April 10 and April 11. Sampling design and 1-year data, limit adjustments The Legislative Committee will meet (c) 1995 draft annual report, 3. Management procedures for the on April 8, at 4 p.m. to consider (d) Longline bycatch issues, area near Cape Mendocino amendments to the Magnuson Fishery (e) Swordfish research plans, and 4. Revised stock assessment process Conservation and Management Act. (f) Program planning; 5. Long term management of the The Enforcement Consultants will 2. Hawaii bottomfish issues, limited entry fixed gear sablefish fishery meet on April 9 at 7 p.m. to address including: 6. Allocation and management of enforcement issues related to Council (a) Hawaii Department of Land and Pacific whiting after 1996 agenda items. Natural Resources progress with a 7. Report of the industry meeting on Detailed agendas for the above management plan for Main Hawaiian salmon bycatch avoidance in the advisory meetings will be available after Islands Onaga and Ehu, whiting fishery March 28, 1996. (b) Reconsideration of the 8. Effort reduction, data collection, Northwestern Hawaiian Islands research and other industry Special Accommodations management system, recommendations These meetings are physically (c) 1995 draft annual report, and E. Administrative and Other Matters accessible to people with disabilities. (d) Program planning; Requests for sign language 3. Lobster management, including: 1. Report of the Budget Committee (a) Status of the stocks, 2. Status of legislation interpretation or other auxiliary aids should be directed to Eric W. Greene at (b) Status of Amendment 9, 3. Research and data needs (c) NMFS lobster research plan, 4. Adopt June or August agenda (503) 326–6352 at least 5 days prior to the meeting date. (d) Vessel Monitoring System, 5. Revise Council operating (e) 1996 lobster fishing quota, procedures Dated: March 20, 1996. (f) Request for experimental fishing 6. Regulation consolidation and Richard W. Surdi, permit for Kona crab, and elimination Acting Director, Office of Fisheries (g) Program planning; Other Meetings Conservation and Management, National 4. Plan for regional assessment of Marine Fisheries Service. coral reef resources; and The Salmon Technical Team will [FR Doc. 96–7284 Filed 3–25–96; 8:45 am] 5. Other business as required. meet on March 8–12 as necessary to BILLING CODE 3510±22±F address salmon management issues Special Accommodations related to Council agenda items. This meeting is physically accessible The Salmon Advisory Subpanel will [I.D. 031996C] to people with disabilities. Requests for convene on April 8 at 9 a.m. and April sign language interpretation or other 9–12 at 8 a.m. to address salmon Western Pacific Fishery Management auxiliary aids should be directed to management items on the Council Council; Public Meeting Kitty M. Simonds, 808–522–8220 agenda. (voice) or 808–522–8226 (fax), at least 5 The Habitat Steering Group will AGENCY: National Marine Fisheries days prior to meeting date. convene on April 8 at 10 a.m. to Service (NMFS), National Oceanic and consider activities affecting the habitat Atmospheric Administration (NOAA), Dated: March 20, 1996. of fish stocks managed by the Council. Commerce. Richard W. Surdi, The Scientific and Statistical Acting Director, Office of Fisheries ACTION: Notice of public meeting. Committee (SSC) will convene on April Conservation and Management, National Marine Fisheries Service. 8 at 1 p.m. and on April 9 at 8 a.m. in SUMMARY: The Western Pacific Fishery conjunction with the Groundfish Management Council’s (Council) [FR Doc. 96–7285 Filed 3–25–96; 8:45 am] Management Team and the Groundfish Scientific and Statistical Committee BILLING CODE 3510±22±F Advisory Subpanel. The SSC will (SSC) will hold its 62nd meeting. continue to meet after the joint meeting has ended on April 9. The SSC will DATES: The meeting will be held April Patent and Trademark Office meet again on April 10 at 8 a.m. to 10–12, 1996, from 8:30 a.m. to 5:00 address scientific issues related to p.m., each day. Patent Processing; Updating Council agenda items. ADDRESSES: The meeting will be held at ACTION: Proposed collection; correction. The Budget Committee will convene the Executive Center, 1088 Bishop St., on April 8 at 2 p.m. to review the fiscal Room 4003, Honolulu, HI; telephone: In notice document 96–4906 year 1996 budget situation. (808) 539–3000. beginning on page 8261, in the issue of The Groundfish Management Team Council address: Western Pacific Monday, March 4, 1996, make the will convene on April 8, at 11 a.m. and Fishery Management Council, 1164 following corrections: on April 9 at 8 a.m. in conjunction with Bishop St., Suite 1405, Honolulu, HI, On page 8262, the table should read the Groundfish Advisory Panel and the 96813. as follows: Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13157

Estimated time for re- Estimated Estimated Title of form Form No. sponse annual bur- annual re- (hours) den hours sponses

Information Disclosure (in Appl'n) ...... PTO/SB/08 ...... 2.0 280,000 140,000 Information Disclosure (in patent) ...... PTO/SB/42 ...... 2.0 2,000 1,000 Statutory Disclaimers ...... PTO/SB/43 ...... 20 1,500 7,500 Terminal Disclaimers ...... PTO/SB, 25±26, .20 1,500 7,500 62±63. Extensions of Time ...... PTO/SB, 22±23, 32 .10 11,000 110,000 Petitions to Revive ...... PTO/SB 61, 61/ 1.0 4,000 4,000 PCT, 64, 64/PCT. Express Abandonment ...... PTO/SB/24 ...... 20 800 4,000 Small Entity ...... PTO/SB, 09±12 ...... 30 18,000 60,000 Petition for Access ...... PTO/SB/68 ...... 20 4 20 Power to Inspect/Copy ...... PTO/SB/67 ...... 20 4,000 10,000 Certificate of Mailing ...... PTO/SB, 92±93 ...... 10 300,000 30,000 Amendment Transmittal Letter ...... PTO/SB/21 ...... 20 200,000 40,000 Deposit Acct Order Form ...... PTO/SB/91 ...... 20 20,000 100,000 Appeal Notice ...... PTO/SB/31 ...... 20 15,000 3,000

On the same page, in the first column, Matters to be Considered: Contact Person for More Information: ‘‘Estimated Number of Respondents: Surveillance Matters. Jean A. Webb, 202–418–5100. 659,020’’ should read ‘‘Estimated Contact Person for More Information: Jean A. Webb, Number of Respondents: 517,020.’’ Jean A. Webb, 202–418–5100. Secretary of the Commission. Dated: March 19, 1996. Jean A. Webb, [FR Doc. 96–7383 Filed 3–22–96; 10:55 am] Linda Engelmeier, Secretary of the Commission. BILLING CODE 6351±01±M Acting Departmental Forms Clearance [FR Doc. 96–7381 Filed 3–22–96; 10:55 am] Officer, Office of Management and BILLING CODE 6351±01±M Organization. DEPARTMENT OF DEFENSE [FR Doc. 96–7168 Filed 3–25–96; 8:45 am] BILLING CODE 3510±16±P Sunshine Act Meeting Office of the Secretary

Agency Holding the Meeting: Defense Science Board Task Force on Image-Based Automatic Target COMMODITY FUTURES TRADING Commodity Futures Trading Recognition COMMISSION Commission. Time and Date: 11:00 a.m., Friday, ACTION: Notice of Advisory Committee Sunshine Act Meeting April 19, 1996. Meetings. Agency Holding the Meeting: Place: 1155 21st Street NW., SUMMARY: The Defense Science Board Commodity Futures Trading Washington, D.C. 9th Floor Conference Task Force on Image-Based Automatic Commission. Room. Target Recognition will meet in closed Time and Date: 11:00 a.m., Friday, Status: Closed. session on April 8–9, 1996 at MIT, April 5, 1996. Lincoln Laboratory, Lexington, Place: 1155 21st Street NW., Matters to be Considered: Surveillance Matters. Massachusetts. Washington, D.C. 9th Floor Conference The mission of the Defense Science Room. Contact Person for More Information: Board is to advise the Secretary of Status: Closed. Jean A. Webb, 202–418–5100. Defense through the Under Secretary of Matters to be Considered: Jean A. Webb, Surveillance Matters. Defense for Acquisition and Technology Secretary of the Commission. Contact Person for More Information: on scientific and technical matters as Jean A. Webb, 202–418–5100. [FR Doc. 96–7382 Filed 3–22–96; 10:55 am] they affect the perceived needs of the BILLING CODE 6351±01±M Department of Defense. At this meeting Jean A. Webb, the Task Force will assess the ability of Secretary of the Commission. automatic/aided target recognition [FR Doc. 96–7380 Filed 3–22–96; 10:55 am] Sunshine Act Meeting technology and systems to support BILLING CODE 6351±01±M important military missions, principally Agency Holding the Meeting: in the near- and mid-term. The Task Commodity Futures Trading Force should concentrate on those Sunshine Act Meeting Commission. technologies and systems that use Agency Holding the Meeting: Time and Date: 11:00 a.m., Friday, imagery (EO, IR or radar) as their Commodity Futures Trading April 26, 1996. primary input medium. Commission. Place: 1155 21st Street NW., In accordance with Section 10(d) of Time and Date: 11:00 a.m., Friday, Washington, D.C. 9th Floor Conference the Federal Advisory Committee Act, April 12, 1996. Room. P.L. No. 92–463, as amended (5 U.S.C. Place: 1155 21st Street NW., App. II, (1988)), it has been determined Washington, D.C. 9th Floor Conference Status: Closed. that this DSB Task Force meeting Room. Matters to be Considered: concerns matters listed in 5 U.S.C. Status: Closed. Surveillance Matters. § 552b(c)(1) (1988), and that accordingly 13158 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices this meeting will be closed to the 1801 N. Beauregard Street, Alexandria, this meeting will be closed to the public. Virginia, in Closed session from 8:00 public. Dated: March 20, 1996. a.m.–8:30 a.m. and in Open session Dated: March 20, 1996. Patricia L. Toppings, from 8:30 a.m.–5:00 p.m. Patricia L. Toppings, The mission of the Defense Science Alternate OSD Federal Register Liaison Alternate OSD Federal Register Liaison Board is to advise the Secretary of Officer, Department of Defense. Officer, Department of Defense. Defense through the Under Secretary of [FR Doc. 96–7181 Filed 3–25–96; 8:45 am] [FR Doc. 96–7178 Filed 3–25–96; 8:45 am] Defense for Acquisition and Technology BILLING CODE 5000±04±M on scientific and technical matters as BILLING CODE 5000±04±M they affect the perceived needs of the Department of Defense. At the closed Defense Science Board Task Force on Department of the Army portion of this meeting the Task Force Information Warfare Defense will receive classified briefings. For Army Science Board; Notice of Closed ACTION: Notice of Advisory Committee further information or if you would like Meeting Meeting. to attend the open session, contact the DSB Secretariat at (703) 695–4157. In accordance with Section 10(a)(2) of SUMMARY: The Defense Science Board In accordance with Section 10(d) of the Federal Advisory Committee Act Task Force on Information Warfare the Federal Advisory Committee Act, (P.L. 92–463), announcement is made of Defense will meet in closed session on P.L. No. 92–463, as amended (5 U.S.C. the following Committee Meeting: April 19, 1996 at Science Applications App. II, (1988)), it has been determined Name of Committee: Army Science International Corporation, McLean, that this DSB Task Force meeting Board (ASB). Virginia. concerns matters listed in 5 U.S.C. Date of Meeting: 27 & 28 March 1996. Time of Meeting: 0900–1500. The mission of the Defense Science § 552b(c)(1) (1988), and that accordingly Board is to advise the Secretary of Place: Orlando, Florida. a portion of this meeting will be closed Agenda: The Army Science Board Defense through the Under Secretary of to the public. Defense for Acquisition and Technology (ASB) Summer Study on ‘‘Army Dated: March 20, 1996. Simulation Implementation and Use’’ on scientific and technical matters as will meet for briefings and discussions they affect the perceived needs of the Patricia L. Toppings, regarding the development and Department of Defense. At this meeting Alternte OSD Federal Register Liaison Officer, application of computer based models the Task Force will focus on protection Department of Defense. and simulations, physics based models of information interests of national [FR Doc. 96–7180 Filed 3–25–96; 8:45 am] and recent technological advances importance through establishment and BILLING CODE 5000±04±M afforded by simulation techniques. maintenance of a credible information These meetings will be closed to the warfare defensive capability in several public in accordance with Section areas, including deterrence. This study Defense Science Board Task Force on 552b(c) of title 5, U.S.C., specifically will be used to assist in analysis of Strategic Mobility subparagraph (4) thereof, and Title 5, information warfare procedures, ACTION: Notice of Advisory Committee U.S.C., Appendix 2, subsection 10(d). processes, and mechanisms, and Meetings. The proprietary matters to be discussed illuminate future options in defensive are so inextricably intertwined so as to information warfare technology and SUMMARY: The Defense Science Board Task Force on Strategic Mobility will preclude opening any portion of these policy. meetings. For further information please In accordance with Section 10(d) of meet in closed session on April 4–5, 1996 at Science Applications contact Michelle Diaz at (703) 695– the Federal Advisory Committee Act, 0781. P.L. No. 92–463, as amended (5 U.S.C. International Corporation, McLean, Michelle P. Diaz, App. II, (1988)), it has been determined Virginia. that this DSB Task Force meeting The mission of the Defense Science Acting Administrative Officer, Army Science Board. concerns matters listed in 5 U.S.C. Board is to advise the Secretary of § 552b(c)(1) (1988), and that accordingly Defense through the Under Secretary of [FR Doc. 96–7340 Filed 3–25–96; 8:45 am] this meeting will be closed to the Defense for Acquisition and Technology BILLING CODE 3710±08±M public. on scientific and technical matters as they affect the perceived needs of the Dated: March 20, 1996. Department of Defense. At this meeting Department of the Navy Patricia L. Toppings, the Task Force will engage in a broad Notice of Intent To Prepare an Alternate OSD Federal Register Liaison review of strategic mobility under a Environmental Impact Statement for Officer, Department of Defense. range of scenarios. The review should [FR Doc. 96–7179 Filed 3–25–96; 8:45 am] the Disposal and Reuse of Naval include the joint and service processes Weapons Industrial Reserve Plant, BILLING CODE 5000±04±M for planning, executing, protecting, and Calverton, Long Island, NY sustaining force deployments. It should also include the resources and activities SUMMARY: Pursuant to Section 102(2)(c) Defense Science Board FFRDC & that provide command and control, of the National Environmental Policy UARC Independent Advisory Task communications and information Act of 1969 as implemented in the Force systems in support of strategic mobility. Council on Environmental Quality ACTION: Notice of Advisory Committee In accordance with Section 10(d) of regulations (40 CFR parts 1500–1508), Meeting. the Federal Advisory Committee Act, the Department of Navy announces its P.L. No. 92–463, as amended (5 U.S.C. intent to prepare an Environmental SUMMARY: The Defense Science Board App. II, (1988)), it has been determined Impact Statement (EIS) for the Disposal FFRDC & UARC Independent Advisory that this DSB Task Force meeting and Reuse of Naval Weapons Industrial Task Force will meet on April 9, 1996 concerns matters listed in 5 U.S.C. Reserve Plant (NWIRP), Calverton, Long at the Institute for Defense Analyses, § 552b(c)(1) (1988), and that accordingly Island, New York. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13159

The Defense Authorization Act for closing NWIRP, cessation of all GOCO notice is hereby given that the Secretary Fiscal Year 1995 authorizes the activities, and retention of the land as of Energy Advisory Board (the Board) Secretary of the Navy to convey the U.S. Government property. The EIS to has been reestablished for an additional property directly to the Community be prepared by the Navy will address two years. Development Agency of the Town of the following known areas of concern: The Board will continue to provide Riverhead, New York. The conveyance effects of developed at the facility on the advice to the Secretary of Energy on the is subject to the condition that the town natural and socioeconomic management reforms, research, use the property for economic environment, effects of future growth on development, energy, and national redevelopment to replace all or part of infrastructure and transportation security responsibilities, activities, and the economic activity being lost at the systems, and the effects of reuse on the operations of the Department of Energy. facility. Any part of the facility not facility’s historic properties. The EIS The Board members are selected to conveyed to the Town would be will also serve as technical support for assure well-balanced, geographical disposed of by the General Services the National Historic Preservation Act representation and on the basis of their Administration (GSA) in accordance Section 106 consultation process. professional expertise and diverse with the Federal Property and The Navy will hold a scoping meeting experiences. Membership and Administrative Services Act of 1944. to receive comment on significant issues representation of the Board will The Grumman Aerospace Corporation that should be addressed in the EIS. The continue to be determined in operated a Government Owned/ meeting will be held on Wednesday, accordance with the requirements of the Contractor operated (GOCO) facility on April 10, 1996, beginning at 7:00 P.M. Federal Advisory Committee Act, approximately 2,900 acres of the 6,050- at the Ramada Inn located at 1830 Route section 624(b) of the Department of acre site until February 1996 when 25 (at exit 72 of the Long Island Energy Organization Act (Pub. L. 95– operations ceased. The objective of the Expressway) in Riverhead, NY 11901. 91), and implementing regulations. EIS is to evaluate the environmental Navy representatives will make a brief The reestablishment of the Board has impacts associated with the various presentation, then members of the been determined to be in the public reuse alternatives. Environmental issues public will be provided an opportunity interest, important and vital to the that will be addressed in the EIS include for comments. It is important that conduct of the Department’s business in air quality, water quality, wetland federal, state, and local agencies and connection with the performance of impacts, endangered species impacts, interested individuals take this duties established by statute for the cultural resource impacts, and opportunity to identify environmental Department of Energy. The Board will socioeconomic impacts. concerns that should be addressed in operate in accordance with the The proposed action to be analyzed in the EIS. In the interest of time, speakers provisions of the Federal Advisory the EIS involves the disposal of land, will be asked to limit their comments to Committee Act (Pub. L. 92–463), the buildings, and infrastructure for five minutes. Department of Energy Organization Act subsequent reuse by the Town of (Pub. L. 95–91), the General Services Riverhead. The 6,050-acre site has two ADDRESSES: Agencies and the public are encouraged to provide written Administration Final Rule on Federal aircraft landing runways (7,000 ft and Advisory Committee Management, and 10,000 ft in length) and buildings with comments in addition to, or in lieu of, oral comments at the scoping meeting. other directives and instructions issued more than 1 million sq. ft of space. in implementation of those acts. The reuse of NWIRP Calverton has To be most helpful, comments should Further information regarding this recently been studied by the Town of clearly describe specific issues or topics advisory committee can be obtained Riverhead’s Joint Planning and which the EIS should address. Written from Ms. Rachel M. Samuel at (202) Redevelopment Commission and its comments must be postmarked by May 586–3279. consultants. The redevelopment/reuse 1, 1996, and should be mailed to: plan, developed by the town’s Commanding Officer, Northern Issued in Washington, D.C. on March 20, consultants and to be approved by the Division, Naval Facilities Engineering 1996. Riverhead Town Board, will be the basis Commend, 10 Industrial Highway, Rachel M. Samuel, for the EIS. The proposed reuse, known Lester, Pennsylvania 19113 (Attn: Mr. Deputy Advisory Committee, Management as the Calverton Business Park, Robert Ostermueller, Code 202), Officer. comprises the following uses: theme telephone (610) 595–0759. [FR Doc. 96–7267 Filed 3–25–96; 8:45 am] attraction park(s), hotel/conference Dated: March 21, 1996. BILLING CODE 6450±01±P center, service retail, golf course, M.D. Schetzsle, industrial center (2.5 million sq. ft), LT, JAGC, USNR, Alternate Federal Register community park(s), open space, natural Liaison Officer. Metal Casting Industrial Advisory Board, Meeting areas, aviation use/aircraft maintenance, [FR Doc. 96–7249 Filed 3–25–96; 8:45 am] event grounds, and a commercial/ BILLING CODE 3810±FF±M AGENCY: Department of Energy. recreation area including a stadium. Two additional alternatives will also be ACTION: Notice of public meeting. evaluated in the EIS. One reuse SUMMARY: Pursuant to the provisions of alternative will include the construction DEPARTMENT OF ENERGY the Federal Advisory Committee Act of a permanent automobile race course Notice of Reestablishment of The (Public Law 92–463, 86 Stat. 770) notice incorporating use of one existing Secretary of Energy Advisory Board is hereby given of the Metal Casting runway. Industrial, recreational, and Industrial Advisory Board meeting. other land uses would be included in Pursuant to section 9(a)(2)of the this alternative. A third alternative reuse Federal Advisory Committee Act and in DATES: Friday, April 19, 1996 8:00 am– plan will include only residential accordance with title 41 of the Code of 5:30 pm. development on the site limited to Federal Regulations, section 101– ADDRESSES: Clarion Suites, 1010 Race residents of 50 years or older. The No 6.1015, and following consultation with Street, Philadelphia, PA 19107. Action alternative will also be the Committee Management Secretariat FOR FURTHER INFORMATION CONTACT: addressed in the EIS. It is defined as of the General Services Administration, Douglas E. Kaempf, Program Manager, 13160 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Department of Energy, Office of Issued at Washington, D.C. on March 19, to comment on the scope of the Industrial Technologies (EE–23), 1000 1996. proposed EIS. Scoping will help BPA Independence Ave. S.W., Washington, Rachel Murphy Samuel, ensure that a full range of issues related D.C. 20585, (202) 586–5264, Fax: (202) Acting Deputy Advisory Committee to this proposal is addressed in the EIS, 586–3180. Management Officer. and also will identify significant or [FR Doc. 96–7268 Filed 3–25–96; 8:45 am] potentially significant impacts that may SUPPLEMENTARY INFORMATION: BILLING CODE 6450±01±P result from the proposed project. Please Purpose of the Committee send written comments to the address The Metal Casting Industrial Advisory below by May 31, 1996. When completed, the Draft EIS will be Board (MCIAB) serves to provide Bonneville Power Administration circulated for review and comment, and guidance and oversight of research Notice of Intent To Prepare an BPA will hold a public comment programs provided under the Metal Environmental Impact Statement and meeting for the Draft EIS. BPA will Casting Competitiveness Research Notice of Floodplain and Wetlands consider and respond to comments Program and to recommend to the Involvement for the Watershed received on the Draft EIS in the Final Secretary of Energy new or revised Management Program EIS. program activities and Metal Casting ADDRESSES: Research Priorities. AGENCY: Bonneville Power BPA invites comments and Administration (BPA), Department of suggestions on the proposed scope of Tentative Agenda Energy (DOE). the Draft EIS. Send comment letters and requests to be placed on the project 8:00 Sign-In ACTION: Notice of Intent to Prepare an mailing list to the Public Involvement 8:15–9:00 Welcome & Instructions— Environmental Impact Statement (EIS), and Information Manager, Bonneville Douglas Kaempf and Notice of Floodplain and Wetlands Power Administration—CKP, P.O. Box 9:00–10:00 Cast Metals Coalition Involvement. Formulation and Structure—Dennis 12999, Portland, Oregon, 97212. The Allen SUMMARY: This notice announces BPA’s phone number of the Public 10:00–10:15 Break intention to prepare an EIS on proposed Involvement and Information Office is 10:15–12:00 New Role of the Metal funding of the planning and 503–230–3478 in Portland; toll-free Casting Industrial Advisory Board implementation of watershed 1800–622–4519 outside of Portland. How the Board Wishes To conservation and rehabilitation projects Comment at our internet address at: Proceed—Douglas Kaempf throughout the Columbia River Basin [email protected]. 12:00–1:00 Lunch (On your own) (Basin). This action proposes to mitigate FOR FURTHER INFORMATION, CONTACT: Eric 1:00–2:00 Changes in Board the loss of anadromous and resident fish N. Powers—ECN at (503) 230–5823 or Membership—Douglas Kaempf habitat caused by the construction and Mark Shaw—EWP at (503) 230–5239, 2:00–3:00 Election of New Chairman operation of Federal hydroelectric Bonneville Power Administration, P.O. of the MCIAB—Co-Chairs projects in the Basin. In accordance Box 3621, Portland, Oregon, 97208– 3:00–3:15 Break with the Pacific Northwest Electric 3621. 3:15–5:00 FY 96 Projects Selected by Power Planning and Conservation Act SUPPLEMENTARY INFORMATION: the Cast Metals Coalition—Kaempf/ (Northwest Power Act, 16 U.S.C. 839), Proposed Action Allen specific fish mitigation activities that 5:00–5:30 Public Comment and BPA would implement under the BPA proposes to establish standards Meeting Adjourned program are developed through Pacific and guidelines for funding the planning Northwest Power Planning Council and implementation of watershed Public Participation (Council) procedures and proposed in conservation and rehabilitation projects The meeting is open to the public. the Council’s Fish and Wildlife throughout the Basin. This action is The Chairperson of the Board is Program. Although BPA decisions on proposed to mitigate the loss of empowered to conduct the meeting to these specific actions are often anadromous and resident fish habitat facilitate the orderly conduct of independent of one another, preparation based on four elements: (1) increase business. Any member of the public of this EIS recognizes their similarity of salmon survival in the rivers; (2) who wishes to make oral statements impacts, methods of implementation, improve harvest management; (3) pertaining to the agenda items should and subject matter. This action involves improving hatcheries and production contact Douglas E. Kaempf at the land resources planning that may affect practices; and (4) protect and improve address or telephone number listed floodplains and wetlands throughout habitat. A primary objective of this above. Requests must be received at the Basin, including various parts of action is to implement principles that least 5 days prior to the meeting and Oregon, Idaho, Montana and will be the most cost-effective and reasonable provisions will be made to Washington. A floodplain/wetland efficient means of obtaining fish include the presentation on the agenda. assessment will be included in the EIS mitigation goals. General issues the Written statements may be filed with being prepared for the proposed project socioeconomic impacts, fish and the Committee either before or after the in accordance with the National wildlife management, vegetation meeting. Environmental Policy Act (NEPA). management, threatened and BPA invites public comment on the endangered species management, Transcript range of actions, alternatives, and cultural resources management, Available for public review and impacts to be addressed in the recreation management, and water copying at the Freedom of Information Watershed Conservation Program EIS. quality management. Identification of Public Reading Room, Room 1E–190, DATES: BPA has established a scoping additional issues may result from the Forrestal Building, 1000 Independence period during which affected public scoping process, and scoping Avenue, S.W., Washington, D.C. landowners, concerned citizens, special may also eliminate some issues from in- between 9:00 AM and 4:00 PM, Monday interest groups, local governments, and depth analysis. The proposed program through Friday, except Federal holidays. any other interested parties are invited standards and guidelines may establish Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13161 criteria for implementing specific regulations, 18 CFR 365.7, AEP available for public inspection in the mitigation actions without further Resources Gippsland Power, L.L.C. filed Public Reference Room. review, or with limited site-specific notification that it surrenders its status Lois D. Cashell, analysis tiered to the Program EIS. as an exempt wholesale generator under Secretary. section 32(a)(1) of the Public Utility Process to Date [FR Doc. 96–7201 Filed 3–25–96; 8:45 am] Holding Company Act of 1935, as BILLING CODE 6717±01±M BPA has funded, over the last several amended. years, a number of small demonstration Lois D. Cashell, projects under a ‘‘model’’ watershed Secretary. [Docket No. ER96±345±001] program. The model watersheds include [FR Doc. 96–7205 Filed 3–25–96; 8:45 am] the Grand Ronde and its subbasins in Indeck Pepperell Power Associates, Oregon, the Tucannon, Pataha, and BILLING CODE 6717±01±M Inc.; Notice of Issuance of Order Asotin in Washington, and the Lemhi, March 20, 1996. Pahsimeroi, and East Fork Salmon in [Docket No. RP96±177±000] On November 13, 1995, as completed Idaho. To date, BPA has categorically on December 26, 1995, Indeck Pepperell excluded these model watershed Boundary Gas, Inc.; Notice of Power Associates, Inc. (Indeck demonstration projects under NEPA. Proposed Changes in FERC Gas Tariff Pepperell) filed a request for However, with the culmination of authorization to sell energy and capacity planning for many of the model March 20, 1996. at market-based rates from the Indeck watersheds and potential for expansion Take notice that on March 15, 1996, Pepperell Power Plant, a 38 MW of the watershed program to include Boundary Gas, Inc. (Boundary) tendered cogeneration facility, located in additional watersheds beyond the for filing, as part of its FERC Gas Tariff, Pepperell, Massachusetts. In their filing, model watersheds, BPA has decided to Second Revised Volume No. 1, the Indeck Pepperell requested certain prepare an EIS to discuss the potential following tariff sheets to become waivers and authorizations. In cumulative impacts, both positive and effective April 1, 1996: particular, Indeck Pepperell requested negative, of a larger-scope watershed that the Commission grant blanket program. First Revised Sheet No. 5 First Revised Sheet No. 6 approval under 18 CFR Part 34 of all Alternatives Proposed for First Revised Sheet No. 7 future issuances of securities and Consideration First Revised Sheet No. 8 assumptions of liabilities by Indeck First Revised Sheet No. 13 Pepperell. On March 19, 1996, the Alternatives to be considered in the First Revised Sheet No. 22 Commission issued an Order On BPA Watershed Management Program First Revised Sheet No. 23 Rehearing Conditionally Accepting For EIS would include alternative standards First Revised Sheet No. 24 Filing Market-Based Rates, And and guidelines for each management Boundary states that the purpose of Granting Requests For Waivers And issue addressed. The EIS will also this filing is to accommodate the needs Authorizations (Order), in the above- consider a No Action alternative, i.e., of one of its Repurchasers, National Fuel docketed proceeding. program implementation without Gas Distribution Corporation (National The Commission’s March 19, 1996 defined program-wide standards and Fuel), which wishes to receive all of its Order granted the request for blanket guidelines. Boundary volumes at a different approval under Part 34, subject to the Identification of Environmental Issues delivery point from the one originally conditions found in Ordering specified in Boundary’s Phase 2 Gas The environmental issues associated Paragraphs (D), (E), and (G): Sales Agreement, which is incorporated (D) Within 30 days of the date of this with fish mitigation activities include into Boundary’s FERC Gas Tariff. No order, any person desiring to be heard changes in land use, vegetation patterns, other changes are being made to the or to protest the Commission’s blanket fish and wildlife populations, tariff, and no other Boundary approval of issuances of securities or recreational opportunities, and water Repurchaser will be affected by this assumptions of liabilities by Indeck use and quality. change. Pepperell should file a motion to Further information is available from Boundary states that copies of this intervene or protest with the Federal BPA at the address above. filing were served upon all customers Energy Regulatory Commission, 888 Issued in Portland, Oregon, on March 14, and interested state regulatory agencies. First Street, NE., Washington, DC 20426, 1996. Any person desiring to be heard or to in accordance with Rules 211 and 214 Randall W. Hardy, protest this filing should file a motion of the Commission’s Rules of Practice Administrator and Chief Executive Officer. to intervene or protest with the Federal and Procedure, 18 CFR 385.211 and [FR Doc. 96–7269 Filed 3–25–96; 8:45 am] Energy Regulatory Commission, 888 385.214 (1995). BILLING CODE 6540±01±P First Street, NE., Washington, DC 20426, (E) Absent a request to be heard in accordance with Sections 385.214 within the period set forth in Ordering and 385.211 of the Commission’s Rules Paragraph (D) above, Indeck Pepperell is Federal Energy Regulatory and Regulations. All such motions or hereby authorized to issue securities Commission protests must be filed as provided in and to assume obligations or liabilities Section 154.210 of the Commission’s as guarantor, endorser, surety or [Docket No. EG96±31±000] Regulations. Protests will be considered otherwise in respect of any security of AEP Resources Gippsland Power, by the Commission in determining the another person; provided that such L.L.C.; Notice of Surrender of Exempt appropriate action to be taken, but will issue or assumption is for some lawful Wholesale Generator Status not serve to make protestants parties to object within the corporate purposes of the proceeding. Any person wishing to the applicant, compatible with the March 20, 1996. become a party must file a motion to public interest, and reasonably Take notice that on March 15, 1996, intervene. Copies of this filing are on necessary or appropriate for such pursuant to § 365.7 of the Commission’s file with the Commission and are purposes. 13162 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

(G) The Commission reserves the right inspection in the Public Reference changing its name from Catex Vitol to modify this order to require a further Room. Electric, L.L.C. to Vitol Gas & Electric showing that neither public nor private Lois D. Cashell, LLC. interests will be adversely affected by Secretary. Comment date: April 2, 1996, in continued Commission approval of [FR Doc. 96–7202 Filed 3–25–96; 8:45 am] accordance with Standard Paragraph E Indeck Pepperell’s issuances of BILLING CODE 6717±01±M at the end of this notice. securities or assumptions of liabilities. *** 3. Southern Company Services, Inc. Notice is hereby given that the [Docket No. ER96±549±000] Docket No. ER95–1266–000 deadline for filing motions to intervene Take notice that on March 14, 1996, Southern Company Services, Inc., or protests, as set forth above, is April Southern Company Services, Inc. Notice of Compliance Filing 18, 1996. tendered for filing an amendment in the Copies of the full text of the Order are March 20, 1996. above-referenced docket. available from the Commission’s Public Take notice that on January 24, 1996, Comment date: April 2, 1996, in Reference Branch, 888 First Street, NE., Southern Company Services, Inc. accordance with Standard Paragraph E Washington, DC 20426. tendered for filing an amendment in the at the end of this notice. Lois D. Cashell, above-referenced docket. 4. Western Resources, Inc. Secretary. Any person desiring to be heard or to Docket No. ER96–591–000 [FR Doc. 96–7199 Filed 3–25–96; 8:45 am] protest said filing should file a motion to intervene or protest with the Federal Take notice that on March 14, 1996, BILLING CODE 6717±01±M Energy Regulatory Commission, 888 Western Resources, Inc. (Western First Street NE., Washington, DC 20426, Resources) tendered for filing a revised in accordance with Rules 211 and 214 participation power agreement between [Docket Nos. RP95±326±008 and RP96±128± of the Commission’s Rules of Practice Western Resources and the city of 001] and Procedure (18 CFR 385.211 and 18 Chanute, Kansas. The agreement is CFR 385.214). All such motions or Natural Gas Pipeline Company of proposed to become effective June 1, protests must be filed on or before America; Notice of Compliance Filing 1996. March 29, 1996. Protests will be A copy of this filing was served upon March 20, 1996. considered by the Commission in the City of Chanute, Kansas and the determining the appropriate action to be Take notice that on March 15, 1996, Kansas Corporation Commission. taken, but will not serve to make the Natural Gas Pipeline Company of Comment date: April 2, 1996, in protestants parties to the proceeding. America (Natural) tendered for filing accordance with Standard Paragraph E Any person wishing to become a party proposed changes in its FERC Gas at the end of this notice. must file a motion to intervene. Copies Tariff, Sixth Revised Volume No. 1, to of this filing are on file with the 5. Western Resources, Inc. become effective December 1, 1995 and Commission and are available for public March 1, 1996. Docket No. ER96–592–000 inspection. Natural states that the purpose of this Take notice that on March 14, 1996, Lois D. Cashell, Western Resources, Inc. (Western filing is to comply with the Secretary. Commission’s ‘‘Order Accepting Tariff Resources) tendered for filing a revised [FR Doc. 96–7204 Filed 3–25–96; 8:45 am] Sheets, Subject to Conditions, and participation power agreement with the Rejecting Tariff Sheets’’ issued February BILLING CODE 6717±01±M Oklahoma Municipal Power Authority. 29, 1996 in Docket Nos. RP95–326–006, A copy of this filing was served upon et al. the Oklahoma Municipal Power [Docket No. EL96±25±000, et al.] Authority and the Kansas Corporation Natural requests whatever waivers Arizona Public Service Company, et Commission. may be necessary to permit the tariff Comment date: April 2, 1996, in sheets as submitted to become effective al.; Electric Rate and Corporate Regulation Filings accordance with Standard Paragraph E on their indicated effective dates. at the end of this notice. Natural states that copies of the filing March 19, 1996. 6. Dayton Power & Light Company are being mailed to all parties on the Take notice that the following filings restricted service list in Docket Nos. have been made with the Commission: Docket Nos. ER96–709–000, ER96–886–000, RP95–326–006, et al. ER96–887–000, ER96–888–000, ER96–903– 1. Arizona Public Service Company 000, and ER96–978–000 Any person desiring to protest said filing should file a protest with the [Docket No. EL96–25–000] Take notice that on February 26, 1996, Federal Energy Regulatory Commission, Take notice that on March 4, 1996, Dayton Power & Light Company 888 First Street, NE., Washington, DC Arizona Public Service Company tendered for filing amendments in the 20426, in accordance with Section tendered for filing additional material to above-referenced dockets. 385.211 of the Commission’s Rules and its December 7, 1995, filing in the Comment date: April 2, 1996, in Regulations. All such protests must be above-referenced docket. accordance with Standard Paragraph E filed as provided in Section 154.210 of Comment date: April 2, 1996, in at the end of this notice. the Commission’s Regulations. Protests accordance with Standard Paragraph E 7. Duke Power Company will be considered by the Commission at the end of this notice. Docket No. ER96–805–000 in determining the appropriate action to 2. Vitol Gas & Electric, LLC be taken, but will not serve to make the Take notice that on March 14, 1996, protestants parties to the proceeding. Docket No. ER94–155–012 Duke Power Company tendered for Copies of this filing are on file with the On March 12, 1996, Vitol Gas & filing an amendment in the above- Commission and are available for public Electric, LLC filed a notice of succession referenced docket. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13163

Comment date: April 2, 1996, in Agreement dated February 23, 1996, 14. Northwestern Wisconsin Electric accordance with Standard Paragraph E establishing UtiliCorp United, Inc. as a Company at the end of this notice. customer under the terms of WP&L’s [Docket No. ER96–1284–000] Point-to-Point Transmission Tariff. 8. South Carolina Electric and Gas Take notice that on March 8, 1996, Company WP&L requests an effective date of Northwestern Wisconsin Electric February 23, 1996 and accordingly seeks Docket No. ER96–1085–000 Company, tendered for filing proposed waiver of the Commission’s notice changes in its Transmission Use Charge, Take notice that on March 14, 1996, requirements. A copy of this filing has Rate Schedule FERC No. 2. The South Carolina Electric and Gas been served upon the Public Service proposed changes would decrease Company tendered for filing an Commission of Wisconsin. revenues from jurisdictional sales by amendment in the above-referenced $1,201.66 based on the 12 month period docket. Comment date: April 2, 1996, in ending April 30, 1996. Northwestern Comment date: April 2, 1996, in accordance with Standard Paragraph E Wisconsin Electric Company is accordance with Standard Paragraph E at the end of this notice. proposing this rate schedule change to at the end of this notice. 12. Virginia Electric and Power more accurately reflect the actual cost of 9. Minnesota Power & Light Company Company transmitting energy from one utility to Docket No. ER96–1209–000 [Docket No. ER96–1282–000] another based on current cost data. The service agreement for which this rate is Take notice that on February 28, 1996, Take notice that on March 8, 1996, calculated calls for the Transmission Minnesota Power & Light Company Virginia Electric and Power Company Use Charge to be reviewed annually and tendered for filing signed Service (Virginia Power), tendered for filing a revised on May 1. Agreements with the following: Service Agreement between Southern Northwestern Wisconsin Electric Missouri Public Service, a division of Company Services, Inc. and Virginia Company requests this Rate Schedule UtiliCorp United, Inc., Westplains Power, dated February 16, 1996, under Change become effective May 1, 1996. Energy-Colorado, a division of UtiliCorp the Power Sales Tariff to Eligible Copies of this filing have been United, Inc., and Westplains Energy- Purchasers dated May 27, 1994. Under provided to the respective parties and to Kansas, a division of UtiliCorp United, the tendered Service Agreement the Public Service Commission of Inc. Virginia Power agrees to provide Wisconsin. Comment date: April 2, 1996, in services to Southern Company Services, Comment date: April 2, 1996, in accordance with Standard Paragraph E Inc. under the rates, terms and accordance with Standard Paragraph E at the end of this notice. conditions of the Power Sales Tariff as at the end of this notice. 10. Indiana Michigan Power Company agreed by the parties pursuant to the 15. Illinois Power Company terms of the applicable Service Docket No. ER96–1232–000 Schedules included in the Power Sales [Docket No. ER96–1285–000] Take notice that Indiana Michigan Tariff. Take notice that on March 8, 1996, Power Company (I&M) March 1, 1996, Illinois Power Company (IPC), tendered Copies of the filing were served upon tendered for filing with the Commission for filing its proposed changes to its the Virginia State Corporation Facility Request No. 8 to the existing open access transmission tariffs (FERC Commission, and the North Carolina Agreement, dated December 11, 1989 Electric Tariffs, First Revised Volume Utilities Commission. (1989 Agreement), between I&M and No. 3 and Original Volume No. 6) which Wabash Valley Power Association, Inc. Comment date: April 2, 1996, in were accepted by the Commission on (WVPA). Facility Request No. 8 was accordance with Standard Paragraph E October 4, 1995. The proposed changes negotiated in response to WVPA’s at the end of this notice. expand eligibility for service under request that I&M provide new facilities 13. Btu Power, Inc. these tariffs. at an existing 69 kV tap station to be The reason stated by IPC for the owned by Northeastern REMC (Co-op [Docket No. ER96–1283–000] changes in the Tariffs is to include as Name) and operated by I&M known as Eligible Customers certain retail Take notice that on March 8, 1996, Northeastern REMC-Aboite Tap Station. customers participating in a limited Btu Power, Inc. (Btu), petitioned the The Commission has previously Direct Energy Access Service program. designated the 1989 Agreement as I&M’s Commission for acceptance of Btu Rate Comment date: April 2, 1996, in Rate Schedule FERC No. 81. Schedule FERC No. 1, the granting of accordance with Standard Paragraph E As requested by, and for the sole certain blanket approvals, including the at the end of this notice. benefit of WVPA, I&M proposes an authority to sell electricity at market- effective date of April 30, 1996, for based rates, and the waiver of certain 16. Maine Public Service Company Facility Request No. 8. A copy of this Commission regulations. Btu intends to [Docket No. ER96–1286–000] filing was served upon WVPA, the engage in wholesale electric power and Take notice that on March 11, 1996, Indiana Utility Regulatory Commission, energy purchases and sales as a Maine Public Service Company (Maine and the Michigan Public Service marketer. Btu is not in the business of Public) filed an executed Service Commission. generating transmitting, or distributing Agreement with LG&E Power Marketing, Comment date: April 2, 1996, in electric power. Btu is a direct wholly- Inc. accordance with Standard Paragraph E owned subsidiary of Btu Energy, Inc. Comment date: April 2, 1996, in at the end of this notice. which is involved in development of accordance with Standard Paragraph E non-utility generating facilities and at the end of this notice. 11. Wisconsin Power and Light related business ventures in the United Docket No. ER96–1253–000 Company States. 17. The Detroit Edison Company Take notice that on March 5, 1996, Comment date: April 2, 1996, in [Docket No. ER96–1287–000] Wisconsin Power and Light Company accordance with Standard Paragraph E Take notice that on March 11, 1996, (WP&L), tendered for filing an at the end of this notice. The Detroit Edison Company (Detroit), 13164 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices tendered for filing an Amendment No. PSE&G, DPL requests the Commission NEP requests an effective date of March 2 to the Agreement for the Lease of a waive its customary notice period and 2, 1996. Portion of Generating Capability of allow the Initial Rate Schedule, as Comment date: April 1, 1996, in Ludington Pumped Storage amended and supplemented to become accordance with Standard Paragraph E Hydroelectric Generating Plant by The effective on January 31, 1996. at the end of this notice. Detroit Edison Company to the Toledo DPL states that a copy of this filing 6. Maine Public Service Company Edison Company dated April 3, 1995. has been sent to PSE&G and will be Comment date: April 2, 1996, in furnished to the New Jersey Board of [Docket No. ER96–1264–000] accordance with Standard Paragraph E Public Utilities, the Delaware Public Take notice that on March 6, 1996, at the end of this notice. Service Commission, the Maryland Maine Public Service Company Public Service Commission, and the Standard Paragraph submitted an agreement under its Virginia State Corporation Commission. Umbrella Power Sales tariff. E. Any person desiring to be heard or Comment date: April 1, 1996, in Comment date: April 1, 1996, in to protest said filing should file a accordance with Standard Paragraph E accordance with Standard Paragraph E motion to intervene or protest with the at the end of this notice. at the end of this notice. Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 3. Orange & Rockland Utilities, Inc. 7. Maine Public Service Company 20426, in accordance with Rules 211 [Docket No. ER96–1059–000] [Docket No. ER96–1265–000] and 214 of the Commission’s Rules of Take notice that on February 29, 1996, Take notice that on March 6, 1996, Practice and Procedure (18 CFR 385.211 Orange & Rockland Utilities, Inc. Maine Public Service Company and 18 CFR 385.214). All such motions tendered for filing a letter deleting submitted agreements under its or protests should be filed on or before language from sections in its February Umbrella Power Sales tariff. the comment date. Protests will be 12, 1996, filing in the above-referenced Comment date: April 1, 1996, in considered by the Commission in docket. accordance with Standard Paragraph E determining the appropriate action to be Comment date: April 1, 1996, in at the end of this notice. taken, but will not serve to make accordance with Standard Paragraph E 8. Cinergy Services, Inc. protestants parties to the proceeding. at the end of this notice. Any person wishing to become a party [Docket No. ER96–1266–000] 4. Houston Light & Power Company must file a motion to intervene. Copies Take notice that on March 6, 1996, of this filing are on file with the [Docket No. ER96–1218–000] Cinergy Services, Inc. (Cinergy), Commission and are available for public Take notice that on February 29, 1996, tendered for filing a service agreement inspection. as amended March 4, 1996, Houston under Cinergy’s Non-Firm Power Sales Lois D. Cashell, Lighting & Power Company (HL&P) Standard Tariff (the Tariff) entered into Secretary. tendered for filing an executed between Cinergy and the Baltimore Gas [FR Doc. 96–7198 Filed 3–25–96; 8:45 am] transmission service agreement (TSA) and Electric Company. BILLING CODE 6717±01±P with Enron Power Marketing Inc. Cinergy and the Baltimore Gas and (Enron) for Economy Energy and Electric Company are requesting an Emergency Power Transmission Service effective date of March 1, 1996. [Docket No. ER96±807±000, et al.] Under HL&P’s FERC Electric Tariff, Comment date: April 1, 1996, in Washington Water Power Company, et Original Volume No. 1, for accordance with Standard Paragraph E al.; Electric Rate and Corporate Transmission Service to, From and Over at the end of this notice. Regulation Filings Certain HVDC Interconnections. HL&P 9. Florida Power Corporation has requested an effective date of March 18, 1996. February 5, 1996. [Docket No. ER96–1267–000] Take notice that the following filings Copies of the filing were served on Take notice that on March 6, 1996, have been made with the Commission: Enron and the Public Utility Florida Power Corporation (the Commission of Texas. Company) tendered for filing revised 1. Washington Water Power Company Comment date: April 1, 1996, in sheets to wholesale rate schedules [Docket No. ER96–807–000] accordance with Standard Paragraph E under which the Company serves Take notice that on March 13, 1996, at the end of this notice. Seminole Electric Cooperative, Florida Municipal Power Agency and Reedy Washington Water Power Company 5. New England Power Company tendered for filing an amendment in the Creek Improvement District. The above-referenced docket. [Docket No. ER96–1229–000] Company requests that all of these Comment date: April 1, 1996, in Take notice that on March 1, 1996, revised sheets be allowed to become accordance with Standard Paragraph E New England Power Company (NEP) effective as of March 6, 1996. The at the end of this notice. filed an Amendment to the Salem Company requests waiver of the 60-day notice requirement in order to give 2. Delmarva Power & Light Company Harbor 3 Unit Contract between NEP and UNITIL Power Corp. (UNITIL). The immediate effect to the commitments [Docket No. ER96–968–000] Amendment resolves questions over the made by the Company to its customers. Take notice that on February 28, 1996, billing of certain coal and oil charges Comment date: April 1, 1996, in Delmarva Power & Light Company attributed to NEP’s change in its method accordance with Standard Paragraph E (DPL) tendered for filing a Certificate of of allocating certain allowable charges at the end of this notice. Concurrence by Public Service Electric to fuel to reflect certain costs passed 10. Cinergy Services, Inc. and Gas Company (PSE&G) to amend through to NEP by its affiliate New and supplement the initial Rate England Energy Incorporated. Under the [Docket No. ER96–1268–000] Schedule filed January 30, 1996 in this Amendment, UNITIL will be refunded Take notice that on March 6, 1996, proceeding. In order to optimize the approximately $82,000 for allocations Cinergy Services, Inc. (Cinergy), economic advantages to both DPL and attributable to coal and $18,000 for oil. tendered for filing a service agreement Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13165 under Cinergy’s Non-Firm Power Sales 14. Duke Power Company of an emergency shortage of power and Standard Tariff (the Tariff) entered into [Docket No. ER96–1272–000] energy at the United States Department between Cinergy and the Wisconsin of Energy’s uranium enrichment facility Take notice that on March 6, 1996, Power & Light Company. in Paducah, Kentucky, to release a Duke Power Company (Duke) tendered Cinergy and the Wisconsin Power & portion of their entitlement of power for filing a Service Agreement for Light Company are requesting an and energy to OVEC and thereby make Market Rate (Schedule MR) Sales effective date of March 6, 1996. such power available for DOE. The between Duke and Ohio Edison Comment date: April 1, 1996, in Sponsoring Companies would collect a Company and a Schedule MR accordance with Standard Paragraph E surcharge for such power equal to their at the end of this notice. Transaction Agreement thereunder. Comment date: April 1, 1996, in net cost of utilizing higher-cost generation resources or purchasing 11. Duke Power Company accordance with Standard Paragraph E at the end of this notice. replacement power to make such power [Docket No. ER96–1269–000] available. Take notice that on March 6, 1996, 15. Madison Gas and Electric Company OVEC has requested that the Duke Power Company (Duke), tendered [Docket No. ER96–1273–000] Commission waive the 60-day notice for filing a Transmission Service Take notice that on March 7, 1996, period and allow the changes to become Agreement (TSA) between Duke, on its Madison Gas and Electric Company effective as of August 17, 1995. own behalf and acting as agent for its (MGE), tendered for filing a service Copies of the filing were served upon wholly-owned subsidiary, Nantahala agreement with Jpower Inc. under Appalachian Power Company, The Power and Light company, and MGE’s Power Sales Tariff. MGE requests Cincinnati Gas & Electric Company, UtiliCorp United Inc. (UtiliCorp). Duke an effective date 60 days from the filing Columbus Southern Power Company, states that the TSA sets out the date. The Dayton Power and Light Company, transmission arrangements under which Comment date: April 1, 1996, in Indiana Michigan Power Company, Duke will provide UtiliCorp non-firm accordance with Standard Paragraph E Kentucky Utilities Company, Louisville transmission service under its at the end of this notice. Gas and Electric Company, Transmission Service Tariff. Monongahela Power Company, Ohio Comment date: April 1, 1996, in 16. Tucson Electric Power Company Edison Company, Ohio Power accordance with Standard Paragraph E [Docket No. ER96–1274–000] Company, Pennsylvania Power at the end of this notice. Take notice that on March 7, 1996, Company, The Potomac Edison 12. Duke Power Company Tucson Electric Power Company Company, Southern Indiana Gas and (Tucson), tendered for filing a Service Electric Company, The Toledo Edison [Docket No. ER96–1270–000] Agreement (the Agreement), effective as Company, West Penn Power Company, Take notice that on March 6, 1996, of March 1, 1996 with Federal Energy the Utility Regulatory Commission of Duke Power Company (Duke), tendered Sales Inc. (Federal). The Agreement Indiana, the Public Service Commission for filing a Transmission Service provides for the sale by Tucson to of Kentucky, the Public Service Agreement (TSA) between Duke, on its Federal of economy energy from time to Commission of Maryland, the Public own behalf and acting as agent for its time at negotiated rates in accordance Service Commission of Michigan, the wholly-owned subsidiary, Nantahala with Service Schedule A of Tucson’s Public Utilities Commission of Ohio, the Power and Light Company, and Coordination Tariff, Volume 1, Docket Public Utility Commission of American Electric Power Service No. ER94–1437–000. Tucson requests an Pennsylvania, the State Corporation Corporation (AEP). Duke states that the effective date of March 1, 1996, and Commission of Virginia and the Public TSA sets out the transmission therefore requests all applicable Service Commission of West Virginia. arrangements under which Duke will waivers. Comment date: April 1, 1996, in provide AEP non-firm transmission Copies of this filing have been served accordance with Standard Paragraph E service under its Transmission Service upon all parties affected by this at the end of this notice. Tariff. proceeding. Comment date: April 1, 1996, in Comment date: April 1, 1996, in 18. Ohio Valley Electric Corporation accordance with Standard Paragraph E accordance with Standard Paragraph E [Docket No. ER96–1276–000] at the end of this notice. at the end of this notice. Take notice that on March 7, 1996, 13. Duke Power Company 17. Ohio Valley Electric Corporation Ohio Valley Electric Corporation [Docket No. ER96–1271–000] [Docket No. ER96–1275–000] (OVEC), tendered for filing the Agreement, dated as of August 17, 1995, Take notice that on March 6, 1996, Take notice that on March 7, 1996, by and between OVEC and the Duke Power Company (Duke), tendered Ohio Valley Electric Corporation Tennessee Valley Authority (TVA). for filing a Transmission Service (OVEC), tendered for filing Modification Agreement (TSA) between Duke, on its No. 9, dated as of August 17, 1995, to This Agreement would permit OVEC, own behalf and acting as agent for its the Inter-Company Power Agreement in the event of an emergency shortage of wholly-owned subsidiary, Nantahala dated July 10, 1953 among OVEC and power and energy, to sell power and Power and Light Company, and Illinois certain other utility companies named energy to TVA. The charge would be Power Company (Illinois). Duke states within that agreement as ‘‘Sponsoring based on OVEC’s out-of-pocket cost of that the TSA sets out the transmission Companies’’ (the Inter-Company Power emergency energy. arrangements under which Duke will Agreement). The Inter-Company Power OVEC has requested that the provide Illinois non-firm transmission Agreement bears the designation ‘‘Ohio Commission waive the 60-day notice service under its Transmission Service Valley Electric Corporation Rate period and allow the changes to become Tariff. Schedule FPC No. 1–B.’’ effective as of August 17, 1995. Comment date: April 1, 1996, in This filing would amend the Inter- Copies of the filing were served upon accordance with Standard Paragraph E Company Power Agreement to permit The Tennessee Valley Authority and the at the end of this notice. the Sponsoring Companies, in the event Public Utilities Commission of Ohio. 13166 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Comment date: April 1, 1996, in 22. Duke Power Company Commission’s (Commission’s) accordance with Standard Paragraph E [Docket No. ER96–1280–000] regulations, 18 CFR Part 380 (Order No. at the end of this notice. 486, 52 FR 47897), the Office of Take notice that on March 7, 1996, Hydropower Licensing has reviewed the 19. Northeast Utilities Service Company Duke Power Company (Duke), tendered application for an original license for for filing a Service Agreement for [Docket No. ER96–1277–000] the existing unlicensed Eustis Market Rate (Schedule MR) Sales Hydroelectric Project, located in Take notice that on March 7, 1996, between Duke and Koch Power Franklin County, Maine, and has Northeast Utilities Service Company Services, Inc., and a Schedule MR prepared a Draft Environmental (NUSCO), on behalf of Northeast Transaction Short thereunder. Utilities (NU) System Companies, filed Comment date: April 1, 1996, in Assessment (DEA) for the project. In the a Service Agreement for firm accordance with Standard Paragraph E DEA, the Commission’s staff has transmission service to Suncook Energy at the end of this notice. analyzed the potential environmental Corporation under the NU System impacts of the existing project and has Companies’ Tariff No. 1. 23. Mississippi Power Company concluded that approval of the project, with appropriate environmental NUSCO requests the Service [Docket No. ER96–1281–000] protection measures, would not Agreement be permitted to become Take notice that on March 6, 1996, constitute a major federal action effective on March 8, 1996. Mississippi Power Company, tendered significantly affecting the quality of the Comment date: April 1, 1996, in for filing the correction of a recently discovered typographical error made human environment. accordance with Standard Paragraph E Copies of the DEA are available for at the end of this notice. several years ago in a provision of the Fuel Cost Adjustment Clause of review in the Public Reference Branch, 20. South Carolina Electric & Gas Mississippi’s Electric Tariff, First Room 2–A, of the Commission’s offices Company Revised Volume No. 1. at 888 First Street, NE., Washington, DC 20426. [Docket No. ER96–1278–000] Copies of the filing were served upon all customers receiving service under Any comments should be filed within Take notice that on March 7, 1996, the tariff, the Mississippi Public Service 30 days from the date of this notice and South Carolina Electric & Gas Company, Commission, and the Mississippi Public should be addressed to Lois D. Cashell, tendered for filing proposed Contract for Utilities Staff. Secretary, Federal Energy Regulatory Purchases and Sales of Power and Comment date: April 1, 1996, in Commission, 888 First Street NE., Room Energy between South Carolina Electric accordance with Standard Paragraph E 1–A, Washington, DC 20426. Please & Gas Company and Enron Power at the end of this notice. affix ‘‘Eustis Hydroelectric Project No. Marketing, Inc. (EPMI). 11132’’ to all comments. For further Under the proposed contract, the Standard Paragraph information, please contact Tom Dean at parties will purchase and sell electric E. Any person desiring to be heard or (202) 219–2778. energy and power between themselves. to protest said filing should file a Lois D. Cashell, South Carolina Electric and Gas motion to intervene or protest with the Secretary. Company also requested waiver of Federal Energy Regulatory Commission, [FR Doc. 96–7203 Filed 3–25–96; 8:45 am] notice in order that the contract be 888 First Street, NE., Washington, DC BILLING CODE 6717±01±M effective on April 1, 1996. 20426, in accordance with Rules 211 Copies of this filing were served upon and 214 of the Commission’s Rules of [Docket No. CP96±220±000, et al.] Enron Power Marketing, Inc. Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions Comment date: April 1, 1996, in Koch Gateway Pipeline Company, et or protests should be filed on or before accordance with Standard Paragraph E al.; Natural Gas Certificate Filings at the end of this notice. the comment date. Protests will be considered by the Commission in March 18, 1996. 21. South Carolina Electric & Gas determining the appropriate action to be Take notice that the following filings Company taken, but will not serve to make have been made with the Commission: [Docket No. ER96–1279–000] protestants parties to the proceeding. Any person wishing to become a party 1. Koch Gateway Pipeline Company Take notice that on March 7, 1996, must file a motion to intervene. Copies Docket No. CP96–220–000 South Carolina Electric & Gas Company, of this filing are on file with the Take notice that on February 29, 1996, tendered for filing proposed Contract for Commission and are available for public Koch Gateway Pipeline Company Purchases and Sales of Power and inspection. (Koch), 600 Travis Street, P.O. Box Energy between South Carolina Electric Lois D. Cashell, 1478, Houston, Texas 77251–1478, filed & Gas Company and City of Tallahassee, Secretary. in Docket No. CP96–220–000 a request Florida. [FR Doc. 96–7206 Filed 3–25–96; 8:45 am] pursuant to Sections 157.205 and Under the proposed contract, the BILLING CODE 6717±01±P 157.211 of the Commission’s parties will purchase and sell electric Regulations under the Natural Gas Act energy and power between themselves. (18 CFR 157.205 and 157.211) for South Carolina Electric and Gas [Project No. 11132±000±ME] authorization to revise an existing meter Company also requested waiver of Consolidated Hydro Maine, Inc., Notice station and to install a lateral pipeline notice in order that the contract be to increase delivery capacity to effective on February 9, 1996. of Availability of Draft Environmental Assessment Mississippi Power Company (MPC) in Copies of this filing were served upon Harrison County, Mississippi, under its City of Tallahassee, Florida. March 20, 1996. blanket certificate issued in Docket No. Comment date: April 1, 1996, in In accordance with the National CP82–430–000, pursuant to Section 7(c) accordance with Standard Paragraph E Environmental Policy Act of 1969 and of the Natural Gas Act, all as more fully at the end of this notice. the Federal Energy Regulatory set forth in the request which is on file Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13167 with the Commission and open to Corporation (Transco), Post Office Box 157.212 of the Commission’s public inspection. 1396, Houston, Texas 77251, and Regulations under the Natural Gas Act Koch proposes to install National Fuel Gas Supply Corporation (18 CFR 157.205, 157.212) for approximately 5,377 feet of new twenty- (National Fuel), 10 Lafayette Street, authorization to construct and operate a inch pipeline parallel and adjacent to its Buffalo, New York 14203 (jointly new delivery point under Northern’s existing eight-inch pipeline designated referred to as Applicants), filed in blanket certificate issued in Docket No. as TPL 276–14 which is currently Docket No. CP96–238–000, a joint CP82–401–000 pursuant to Section 7 of serving MPC’s Jack Watson Power Plant. application pursuant to Section 7(c) of the Natural Gas Act, all as more fully set Koch states that the first 2,424 of the Natural Gas Act (NGA), and Part 157 forth in the request that is on file with proposed installation will be located in of the Federal Energy Regulatory the Commission and open to public Koch’s existing fee property. While the Commission’s (Commission) inspection. remaining 2,953 of the proposed regulations, for a certificate of public Northern proposes to install a new tap installation will be located within an convenience and necessity authorizing on Northern’s 24-inch A-line, and existing right-of-way located entirely the Applicants to redefine the total top metering and appurtenance facilities, at within MPC property and easements. gas storage capacity of the Wharton its existing measurement yard located in Additionally, Koch proposes to install Storage Field as 16 Bcf, and to increase the NE 1/4, Section 18, T3N, R26E, on the twenty-inch line at station 39+88, the base gas of the Wharton Storage Beaver County, Oklahoma. Northern a four-inch tap to tie-over an existing Field by 4 Bcf for a total of 14.6 Bcf of states that the new delivery point would meter station which serves Reichold base gas, all as more fully set forth in accommodate natural gas deliveries to Chemical, which is currently served the application which is on file with the Continental Natural Gas Incorporated from the existing eight-inch line. Commission and open to public (CNG) under existing transportation rate Koch asserts that it is not seeking to inspection. schedule and service agreements. abandon the eight-inch line because it Applicants state that the initial Northern explains that the gas would be will be used as a back-up line in the development of the Wharton Storage used for feedstock for CNG’s processing event that service is interrupted on the Field was certificated by Commission plant. It is stated that estimated peak twenty-inch line. Koch claims that the order dated January 18, 1963, in Docket day and annual volumes would amount lateral line will increase the delivery No. CP61–284. Further, development of to 25,000 MMBtu and 6,223,250 capacity to MPC from 105 MMcf/d to a the storage field was authorized by MMBtu, respectively. Northern proposed peak day capacity of 286 Commission orders dated November 20, estimates that the total cost to install the MMcf. Koch notes that the twenty-inch 1963, in Docket No. CP64–44; February delivery point would be $155,000. line is needed to meet MPC’s immediate 4, 1964, in Docket No. CP64–103; and Northern advises that the facilities needs as well as providing the January 24, 1967, in Docket No. CP65– would be financed in accordance with opportunity to meet MPC’s future fuel 182. the General Terms and Conditions of its requirements. The estimated cost for the Applicants state that the certificated FERC Gas Tariff, Fifth Revised Volume project is $1,120,000, of which MPC storage capacity of the Wharton Storage No. 1. will partially reimburse Koch for the Field was never realized during construction costs. development, and over the years the Comment date: May 2, 1996, in Koch states that MPC is currently rated capacity of the Wharton Storage accordance with Standard Paragraph G being served by a number of brokers and Field has further deteriorated so that the at the end of this notice. marketers which ship gas on Koch’s capacity is now 16 Bcf. Further, 4. Northern Natural Gas Company system. Koch states that MPC will Applicants state that remediation [Docket No. CP96–247–000] continue to have this option or it may programs have been followed to execute a new interruptible maintain, and at a minimum, to mitigate Take notice that on March 14, 1996, transportation agreement pursuant to further reduction in deliverability of top Northern Natural Gas Company Koch’s ITS Rate Schedule. Koch notes gas storage capacity of the Wharton (Northern), 1111 South 103rd Street, that service provided through the Storage Field. Omaha, Nebraska 68124, filed in Docket proposed facilities will be within the Applicants indicate that they have No. CP96–247–000 an application certificated entitlements of existing entered into a Revised and Restated pursuant to Section 7(b) of the Natural shippers which serve MPC or within the Wharton Storage Agreement to reflect Gas Act for permission and approval to entitlements of an executed the changed physical and operational abandon, in place, the Zavala Co. No. 2 interruptible agreement if MPC chooses, characteristics of the Wharton Storage compressor station in Zavala County, pursuant to Koch’s blanket Field and to update the Wharton Storage Texas, all as more fully set forth in the transportation certificate authorized in Agreement dated February 7, 1963. application on file with the Commission Docket No. CP88–6–000. Koch states Applicants state that, under this and open to public inspection. that it has sufficient capacity to render agreement, Transco will furnish 3 Bcf of Northern states that the Zavala Co. the proposed service without detriment base gas and National Fuel will furnish No. 2 compressor station, which to its existing customers and its tariff 1 Bcf of base gas. consists of one 2,250 horsepower unit, does not prohibit the proposed Comment date: April 8, 1996, in is no longer being utilized due to modifications to the facilities. accordance with Standard Paragraph F changes in operating conditions which Comment date: May 2, 1996, in at the end of this notice. have eliminated the need for this accordance with Standard Paragraph G station. Northern further states that its 3. Northern Natural Gas Company at the end of this notice. Zavala Co. No. 3 compressor station is [Docket No. CP96–246–000] currently being utilized to compress the 2. Transcontinental Gas Pipe Line Take notice that on March 14, 1996, gas instead of the Zavala Co. No. 2 Corporation; National Fuel Gas Supply Northern Natural Gas Company compressor station; therefore, Corporation (Northern), 1111 South 103rd Street, abandonment of the station will not [Docket No. CP9] Omaha, Nebraska 68124–1000, filed in result in the abandonment of service to Take notice that on March 8, 1996, Docket No. CP96–246–000 a request any of Northern’s existing customers or Transcontinental Gas Pipe Line pursuant to Sections 157.205 and producers. 13168 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Comment date: April 8, 1996, in application for authorization pursuant Comment date: May 6, 1996, in accordance with Standard Paragraph F to Section 7 of the Natural Gas Act. accordance with Standard Paragraph G at the end of this notice. Lois D. Cashell, at the end of this notice. Standard Paragraphs Secretary. 2. National Fuel Gas Supply [FR Doc. 96–7200 Filed 3–25–96; 8:45 am] F. Any person desiring to be heard or Corporation BILLING CODE 6717±01±P make any protest with reference to said [Docket No. CP96–243–000] filing should on or before the comment date file with the Federal Energy [Docket No. CP96±237±000, et al.] Take notice that on March 11, 1996, Regulatory Commission, 888 First National Fuel Gas Supply Corporation Street, N.E., Washington, D.C. 20426, a Williston Basin Interstate Pipeline (National Fuel), 10 Lafayette Square, motion to intervene or a protest in Company, et al.; Natural Gas Buffalo, New York 14203, filed in accordance with the requirements of the Certificate Filings Docket No. CP96–243–000, a request Commission’s Rules of Practice and pursuant to Sections 157.205 and March 20, 1996. Procedure (18 CFR 385.211 and 157.211 of the Commission’s 385.214) and the Regulations under the Take notice that the following filings have been made with the Commission: Regulations under the Natural Gas Act Natural Gas Act (18 CFR 157.10). All (18 CFR 157.205 and 157.211) for protests filed with the Commission will 1. Williston Basin Interstate Pipeline authorization to perform construction be considered by it in determining the Company on a sales tap located on National Fuel’s appropriate action to be taken but will T-M170 Line in Clarion County, not serve to make the protestants parties [Docket No. CP96–237–000] Take notice that on March 8, 1996, Pennsylvania. The subject tap renders to the proceeding. Any person wishing service to an existing firm transportation to become a party to a proceeding or to Williston Basin Interstate Pipeline customer of National Fuel, National participate as a party in any hearing Company (Williston Basin), Suite 300, Fuel Gas Distribution Corporation therein must file a motion to intervene 200 North Third Street, Bismarck, North in accordance with the Commission’s Dakota 58501, filed in Docket No. CP96– (Distribution). National Fuel makes such Rules. 237–000 a request pursuant to Sections request, under its blanket certificate Take further notice that, pursuant to 157.205 and 157.211 of the issued in Docket No. CP83–4–000, the authority contained in and subject to Commission’s Regulations under the pursuant to Section 7 of the Natural Gas jurisdiction conferred upon the Federal Natural Gas Act (18 CFR 157.205, Act, all as more fully set forth in the Energy Regulatory Commission by 157.211) for authorization to utilize two request on file with the Commission and Sections 7 and 15 of the Natural Gas Act existing taps in South Dakota under open to public inspection. and the Commission’s Rules of Practice Williston Basin’s blanket certificate National Fuel proposes to perform and Procedure, a hearing will be held issued in Docket No. CP83–1–000 construction on an existing sales tap without further notice before the pursuant to Section 7 of the Natural Gas that provides transportation service to Commission or its designee on this Act, all as more fully set forth in request Distribution under National Fuel’s EFT filing if no motion to intervene is filed on file with the Commission and open Rate Schedule. Specifically, the sales to public inspection. within the time required herein, if the tap on which construction will take Williston Basin states that Montana- Commission on its own review of the place is Station No. T–1218, which matter finds that a grant of the Dakota requested authorization to add presently includes a 4-inch turbine certificate is required by the public an additional residential customer to an meter and regulators with 11/16-inch convenience and necessity. If a motion existing transmission line tap at Station for leave to intervene is timely filed, or 391+00 on Williston Basin’s 10-inch single orifices. National Fuel is if the Commission on its own motion Ellsworth Air Force Base line in Meade proposing to replace those facilities believes that a formal hearing is County and to add another residential with a 6-inch turbine meter and 1-inch required, further notice of such hearing customer at Station 8368+73 on double orifices. It is stated that by will be duly given. Williston Basin’s 12-inch Black Hills altering those facilities, the design Under the procedure herein provided Yellow line in Lawrence County. The delivery capacity of the regulators will for, unless otherwise advised, it will be estimated volumes to be delivered at increase from 45.2 Mcf per hour to unnecessary for the applicant to appear each area will be 100 Mcf per year. about 140 Mcf per hour, and the or be represented at the hearing. Williston Basin proposes to utilize these measurement capacity will increase G. Any person or the Commission’s existing residential farm taps to from 61 Mcf per hour to about 122 Mcf staff may, within 45 days after the effectuate additional natural gas per hour. National Fuel states that the issuance of the instant notice by the transportation deliveries to Montana- proposed upgrade is necessary to meet Commission, file pursuant to Rule 214 Dakota for other than right-of-way the increased demand for gas in the of the Commission’s Procedural Rules grantor use. Miola, Pennsylvania area and to provide (18 CFR 385.214) a motion to intervene Williston Basin states that the a more reliable feed to Distribution. or notice of intervention and pursuant proposed service will have no National Fuel states that the volumes to Section 157.205 of the Regulations significant effect on its peak day or to be delivered at the proposed tap will under the Natural Gas Act (18 CFR annual requirements and that it has be within the certificated entitlement of 157.205) a protest to the request. If no sufficient capacity to accomplish Distribution, and that the proposed protest is filed within the time allowed deliveries without detriment or therefore, the proposed activity shall be disadvantage to its other customers. service will have a minimal impact on deemed to be authorized effective the Williston Basin also states that the National Fuel’s peak day and annual day after the time allowed for filing a additional delivery points are not deliveries. The project is estimated to protest. If a protest is filed and not prohibited by its tariff and the volumes cost $7,500. withdrawn within 30 days after the time to be delivered are within the Comment date: May 6, 1996, in allowed for filing a protest, the instant contractual entitlements of the accordance with Standard Paragraph G request shall be treated as an customers. at the end of this notice. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13169

3. Portland Natural Gas Transmission Inc., Natural Gas Development abandon obsolete metering facilities and System Corporation, TCPL Portland Inc., and to construct and operate modified [Docket No. CP96–248–000] Tenneco Portland Corporation. metering facilities at a new location for Specifically, PNGTS proposes to the Echo Lake Meter Station located in Take notice that on March 14, 1996, construct and operate approximately Snohomish County, Washington, under Portland Natural Gas Transmission 242 miles of 20-inch mainline pipeline Northwest’s blanket certificate issued in System (PNGTS), 300 Friberg Parkway, extending from the U.S.-Canada border Docket No. CP82–433–000 pursuant to Westborough, Massachusetts 01581– near North Troy, Vermont to Haverhill, Section 7 of the Natural Gas Act, all as 5039, filed an application pursuant to Massachusetts; a 3.3-mile, 12-inch more fully set forth in the request which Section 3 of the Natural Gas Act, lateral from the mainline at Westbrook, is on file with the Commission and open Sections 153.10 through 153.12 of the Maine to an interconnection with to public inspection. Commission’s regulations, and Granite State Gas Transmission, Inc. Northwest proposes to abandon, by Executive Order No. 10485, as amended (Granite State) at Falmouth, Maine; a 1- removal, the existing obsolete facilities by Executive Order No. 12038 and mile, 12-inch lateral from the mainline and to construct and operate modified Secretary of Energy Delegation Order at Newington, New Hampshire to metering facilities at a new meter station No. 0204–112 for Section 3 Granite State; and four metering site approximately 125 feet from the authorization and a Presidential Permit facilities. PNGTS states that the current location. to site, construct, operate and maintain estimated cost of the proposed facilities Northwest states that the design pipeline facilities at the United States- is $271 million and will be project capacity of the new meter station would Canada International Boundary, all as financed. The proposed in-service date increase from 700 Dth per day to more fully set forth in the application of the facilities is November 1, 1998. approximately 1,336 Dth per day at 150 which is on file with the Commission PNGTS states that its proposed pipeline psig. and open to public inspection. has a design capacity of 178,000 Mcf per The estimated total cost of the Specifically, PNGTS seeks day and that over 94 percent of the abandonment and construction project authorization to site, construct, operate project’s peak day capacity is subject to is stated to be approximately $209,960. and maintain approximately 500 feet of long-term binding precedent agreements Comment date: May 6, 1996, in 20-inch pipeline near North Troy, with four shippers. accordance with Standard Paragraph G Vermont, commencing at the United PNGTS proposes to offer two types of at the end of this notice. States-Canada border and ending at a firm service—365-day transportation Standard Paragraphs: proposed joint or bend in the pipeline. (Rate Schedule FT) and 151-day winter PNGTS states that its facilities will transportation (November–March) (Rate F. Any person desiring to be heard or enable it to meet gas needs in New Schedule WFT)—and interruptible make any protest with reference to said England. transportation service. PNGTS states filing should on or before the comment Comment date: April 10, 1996, in that the rates for its service will be date file with the Federal Energy accordance with Standard Paragraph F based on a winter design day capacity Regulatory Commission, 888 First at the end of this notice. of 178,000 Mcf per day with costs Street, NE., Washington, DC 20426, a motion to intervene or a protest in 4. Portland Natural Gas Transmission allocated solely to shippers under Rate accordance with the requirements of the System Schedules FT and WFT. PNGTS states that the rates will utilize a straight Commission’s Rules of Practice and [Docket No. CP96–249–000] fixed-variable rate design. PNGTS has Procedure (18 CFR 385.211 and Take notice that on March 14, 1996, filed a pro forma tariff containing the 385.214) and the Regulations under the Portland Natural Gas Transmission terms and conditions for its Natural Gas Act (18 CFR 157.10). All System (PNGTS), 300 Friberg Parkway, transportation services. protests filed with the Commission will Westborough, Massachusetts 01581– PNGTS maintains that its project will be considered by it in determining the 5039, filed in Docket No. CP96–249– meet a growing demand for gas in New appropriate action to be taken but will 000, an application, pursuant to Section England; allow Bay State Gas Company not serve to make the protestants parties 7(c) of the Natural Gas Act, for a and Northern Utilities, Inc. continued to the proceeding. Any person wishing certificate of public convenience and access to gas currently transported to to become a party to a proceeding or to necessity authorizing the construction them by Granite State through a participate as a party in any hearing and operation of pipeline facilities for pipeline under a lease due to expire in therein must file a motion to intervene the transportation of natural gas on a April 1998; enhance service on the in accordance with the Commission’s firm and interruptible basis. PNGTS also existing New England infrastructure; Rules. seeks a blanket certificate pursuant to 18 and offer a variety of transportation Take further notice that, pursuant to CFR Part 157, Subpart F, for the services in response to market demand the authority contained in and subject to construction, operation, and/or for flexible services. jurisdiction conferred upon the Federal abandonment of certain facilities. Comment date: April 10, 1996, in Energy Regulatory Commission by Further, PNGTS seeks a blanket accordance with Standard Paragraph F Sections 7 and 15 of the Natural Gas Act certificate pursuant to 18 CFR Part 284, at the end of this notice. and the Commission’s Rules of Practice and Procedure, a hearing will be held Subpart G for self-implementing 5. Northwest Pipeline Corporation transportation authority. These without further notice before the proposals are more fully set forth in the [Docket No. CP96–252–000] Commission or its designee on this application which is on file with the Take notice that on March 15, 1996, filing if no motion to intervene is filed Commission and open to public Northwest Pipeline Corporation within the time required herein, if the inspection. (Northwest), 295 Chipeta Way, Salt Lake Commission on its own review of the PNGTS is a general partnership under City, Utah 84108, filed in Docket No. matter finds that a grant of the the laws of the State of Maine. PNGTS’s CP96–252–000 a request pursuant to certificate is required by the public partners are: East Coast Pipeline Section 157.205 of the Commission’s convenience and necessity. If a motion Company, Gaz Metro Portland Regulations under the Natural Gas Act for leave to intervene is timely filed, or Corporation, JMC Portland (Investors) (18 CFR 157.205) for authorization to if the Commission on its own motion 13170 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices believes that a formal hearing is Independence Ave., SW, Washington, volumetric refund amount is $0.0016 required, further notice of such hearing DC 20585–0107, Telephone No. (202) per gallon. will be duly given. 586–2860. Because the June 30, 1995 deadline Under the procedure herein provided for crude oil refund applications has for, unless otherwise advised, it will be SUPPLEMENTARY INFORMATION: In passed, we propose not to accept any unnecessary for the applicant to appear accordance with 10 C.F.R. § 205.282(b), new applications for refund in this or be represented at the hearing. notice is hereby given of the issuance of proceeding. As we state in the Proposed G. Any person or the Commission’s the Proposed Decision and Order set Decision, the Texas American funds staff may, within 45 days after the forth below. The Proposed Decision and will be added to the general crude oil issuance of the instant notice by the Order sets forth the procedures that the overcharge pool for direct restitution to Commission, file pursuant to Rule 214 DOE has tentatively formulated to claimants that have filed timely of the Commission’s Procedural Rules distribute $48,307.13 (plus accrued applications. (18 CFR 385.214) a motion to intervene interest) remitted to the DOE by Texas Any member of the public may or notice of intervention and pursuant American. The DOE is currently holding submit written comments regarding the to Section 157.205 of the Regulations these funds in an interest-bearing proposed refund procedures. under the Natural Gas Act (18 CFR escrow account pending distribution. Commenting parties are requested to 157.205) a protest to the request. If no This Proposed Decision revises a submit two copies of their comments. protest is filed within the time allowed portion of a previous Proposed Decision Comments should be submitted within therefore, the proposed activity shall be that was issued on January 16, 1996. See 30 days of publication of this notice in deemed to be authorized effective the Brio Petroleum, Inc., Case Nos. VEF– the Federal Register, and should be sent day after the time allowed for filing a 0017 et al., 61 Fed. Reg. 1919 (January to the address set forth in the beginning protest. If a protest is filed and not 24, 1996). In the January 16 Proposed of this notice. All comments received in withdrawn within 30 days after the time Decision, the OHA proposed to this proceeding will be available for allowed for filing a protest, the instant distribute the funds obtained from public inspection between the hours of request shall be treated as an Texas American and four other firms in 1:00 p.m. to 5:00 p.m., Monday through application for authorization pursuant accordance with the DOE’s Modified Friday, except federal holidays, in the to Section 7 of the Natural Gas Act. Statement of Restitutionary Policy in Public Reference Room of the Office of Lois D. Cashell, Crude Oil Cases, 51 Fed. Reg. 27899 Hearings and Appeals, located in Room Secretary. (August 4, 1986) (the MSRP). Under the 1E–234, 1000 Independence Ave., SW, [FR Doc. 96–7227 Filed 3–25–96; 8:45 am] MSRP, crude oil overcharge monies are Washington, DC 20585–0107. BILLING CODE 6717±01±P divided among the federal government, Dated: March 14, 1996. the states, and injured purchasers of Thomas O. Mann, refined petroleum products. In Acting Director, Office of Hearings and Office of Hearings and Appeals accordance with the MSRP, the January Appeals. 16 Proposed Decision tentatively Proposed Implementation of Special reserved 20 percent of the funds Proposed Decision and Order of the Refund Procedures received from Texas American and the Department of Energy AGENCY: Office of Hearings and Appeals, other four firms for direct restitution to Implementation of Special Refund Department of Energy. injured claimants. In the present Procedures Proposed Decision, which involves only ACTION: Notice of Proposed Name of Case: Texas American Oil Texas American, the OHA has Implementation of Special Refund Corporation tentatively decided that all of the crude Procedures. Date of Filing: September 1, 1995 oil overcharge funds obtained from the Case Number: VEF–0019 SUMMARY: The Office of Hearings and bankrupt estate of Texas American On January 16, 1996 the Office of Appeals (OHA) of the Department of should be reserved for individual Hearings and Appeals (OHA) of the Energy announces revised proposed claimants. This is in accordance with Department of Energy (DOE) issued a procedures for disbursement of Texas American Oil Corp. v. DOE, 44 Proposed Decision and Order (PDO) that $48,307.13 of crude oil overcharge F.3d 1557 (Fed. Cir. 1995) (en banc), in tentatively established refund funds obtained by the DOE from Texas which the United States Court of procedures for the distribution of crude American Oil Corporation (Texas Appeals for the Federal Circuit held that oil overcharge funds obtained from American), Case No. VEF–0019. The the DOE’s claim in the Texas American Texas American Oil Corporation (Texas OHA has determined that these funds, bankruptcy proceeding on behalf of American) and four other firms. Brio plus accrued interest, be distributed as individual claimants should have a Petroleum, Inc., Case Nos. VEF–0017 et direct restitution to individual higher priority than its claim on behalf al., 61 Fed. Reg. 1919 (January 24, claimants who were injured by crude oil of the states and federal government. 1996). In accordance with the DOE’s overcharges. Pursuant to that decision, the Modified Statement of Restitutionary DATES AND ADDRESSES: Comments must bankruptcy court distributed to the DOE Policy in Crude Oil Cases (MSRP), 51 be filed in duplicate on or before April an amount equivalent to only 20 percent Fed. Reg. 27899 (August 4, 1989), the 25, 1996, and should be addressed to of its claim in the Texas American PDO proposed that 40 percent of the the Office of Hearings and Appeals, bankruptcy proceeding. funds be disbursed to the federal 1000 Independence Ave., SW, The remainder of the Proposed government, another 40 percent be Washington, DC 20585–0107. All Decision is unchanged from the January disbursed to the states, and the comments should conspicuously 16 Proposed Decision. We propose that remaining 20 percent be reserved for display a reference to Case No. VEF– refunds to eligible purchasers be based applicants who file claims showing that 0019. on the volume of products that they they were injured by crude oil FOR FURTHER INFORMATION CONTACT: purchased during the price control overcharges. It has recently come to our Richard W. Dugan, Associate Director, period and the extent to which they can attention that the circumstances under Office of Hearings and Appeals, 1000 demonstrate injury. The proposed which the DOE obtained the Texas Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13171

American funds require that the funds Stabilization of 1970 (ESA), 12 U.S.C. American v. DOE decision is contrary to be disbursed in a manner different than § 1904 note, was properly placed in the the position of the DOE that had been that proposed in the PDO. Accordingly, same class and priority as the general upheld in the West Texas case 3 we are we are issuing a new PDO with respect unsecured claims of other creditors. constrained by the Federal Circuit’s to the Texas American funds. Texas American Oil Corp. v. DOE, No. decision to use the funds received from 3:92–CV–1146–G (N.D. Tex. Sept. 14, Background Texas American solely for direct 1992) (citing DOE v. West Texas restitutionary purposes. Moreover, as On September 19, 1988, the OHA Marketing Corp., 763 F.2d 1411 (Temp. indicated above, the Texas American issued a Remedial Order (RO) that Emer. Ct. App. 1985) (West Texas)). Bankruptcy Court, in accordance with found that Texas American had violated This decision was in turn reversed by the Federal Circuit’s determination, 10 C.F.R. § 211.67(e)(2) by receiving the United States Court of Appeals for distributed to the DOE only 20 percent excessive small refiner bias benefits the Federal Circuit, which held that the of its liquidated claim, an amount under the DOE’s Entitlements Program. DOE’s claim in the Texas American equivalent to the portion of crude oil Texas American Oil Corp., 17 DOE ¶ 83, bankruptcy proceeding should be overcharge funds that we have 017 (1988). However, Texas American bifurcated, with the portion claimed on consistently reserved for individual had filed a petition in bankruptcy on behalf of individual persons who claimants under the MSRP. July 2, 1987, and its bankruptcy suffered actual injury to be classified in Except for the manner in which the proceeding was still pending when the Class 7 of the Plan of Liquidation and funds will be allocated, we propose to RO was issued. The trustee-in- portion to be paid to the federal and follow the procedures set forth in the bankruptcy approved the DOE’s claim statement governments to be classified initial PDO and adopted in prior refund in the amount of $241,535.67, but in Class 9. Texas American Oil Corp. v. proceedings involving crude oil classified it as a non-pecuniary loss in DOE, 44 F.3rd 1557 (Fed. Cir. 1995) (en overcharge funds. Thus, claimants will accordance with Section 726(a)(4) of the banc). On remand, the Bankruptcy Court be required to (i) document their Bankruptcy Code and Class 9 of the Plan implemented the Federal Circuit’s purchase volumes of petroleum 1 of Liquidation. Since Class 9 claims decision by distributing the 20 percent products during the August 19, 1973— were inferior to Class 7 claims, and of DOE’s liquidated claim ($48,307.13) January 27, 1981 crude oil price control there were insufficient assets to satisfy that fell within Class 7 to DOE and the period, and (ii) prove that they were any Class 9 claim, or to satisfy fully the remaining 80 percent ($193,228.53) to injured by the alleged crude oil Class 7 claims, the effect of the trustee’s the other Class 7 creditors. In re Texas overcharges. Applicants who were end- determination was to preclude the DOE American Oil Corp., NO. 387–33522– users or ultimate consumers of from receiving any compensation from SAF–11 (Bankr. N.D. Tex. April 12, petroleum products, whose businesses Texas American’s estate. 1995). The funds that the DOE received are unrelated to the petroleum industry, The DOE argued before the from Texas American were deposited in and who were not subject to the DOE Bankruptcy Court that the trustee’s an interest-bearing escrow account price regulations will be presumed to determination was erroneous on the maintained by the Department of the have been injured by Texas American’s grounds that its claim was for restitution Treasury.2 crude oil overcharges. and therefore was a Class 7 claim. The In accordance with 10 C.F.R. Part 205, In order to receive a refund, end-users Bankruptcy Court, however, rejected the Subpart V, on September 1, 1995, the will not need to submit any further DOE’s position and held that Class 9 Office of General Counsel, Regulatory evidence of injury beyond the volume of was the proper classification since the Litigation (OGC) (formerly the Economic petroleum products purchased during DOE’s claim was not for actual Regulatory Administration) filed a the price control period. See City of pecuniary loss suffered by the holder of Petition for the Implementation of the claim. In re Texas American Oil Columbus, Georgia 16 DOE § 85,550 Special Refund Procedures that Corp., No. 387–33522–SAF–11 (Bankr. (1987). We also proposed to base requested OHA to formulate and N.D. Tex. Mar. 5, 1992). This decision refunds to claimants on a volumetric implement procedures to distribute the was reversed by the U.S. District Court amount that is currently $0.0016 per Texas American funds. In the PDO, we which, relying on a prior decision of the gallon. See 60 Fed. Reg. 15562 (March Temporary Emergency Court of Appeals tentatively granted the petition, stating 24, 1995). (TECA), held that a DOE claim under that we intended to implement a An applicant who has executed and Section 209 of the Economic Subpart V proceeding to distribute the submitted a valid waiver pursuant to funds to individual claimants and state one of the escrows established by the 1 Section 726(a)(4) places non-pecuniary loss and federal governments in accordance Final Stripper Well Settlement claims in the forth priority in the distribution of a with the MSRP. The following section of Agreement will be considered to have bankrupt estate: this Proposed Decision sets forth our waived its rights to apply for a crude oil 11 U.S.C. § 726. Distribution of property of the revised tentative plan to distribute these refund under Subpart V. See, e.g., Mid- estate funds. America Dairymen, Inc., v. Herrington, ***** 878 F.2d 1448 (Temp Emer. Ct. App. (a)(4) forth, in payment of any allowed claim, Proposed Refund Procedures whether secured or unsecured, for any fine, penalty, 1989); see also Hoechst Celanese or forfeiture, or for multiple, exemplary, or punitive We propose to distribute the funds Chemical, 25 DOE ¶85,066 (1996). damages, arising before the earlier of the order for received from Texas American (and Because the June 30 1995 deadline for relief or the appointment of trustee, to the extent accrued interest on those funds) solely that such fine, penalty, forfeiture, or damages are crude oil refund applications has not compensation for actual pecuniary loss suffered to individual claimants in the DOE’s by the holder of such claim[.] crude oil refund proceeding. This sui 3 The Federal Circuit in Texas American v. Doe Class 7 (Unsecured Claims) consisted of allowed generis proposal results from the unique ascribed its unwillingness to follow the West Texas claims of unsecured creditors, while Class 9 (Non- circumstances under which these funds decision to judicial statutory, and related policy Pecuniary Loss) consisted of ‘‘Allowed Claims for changes that had occurred since the issuance of that any fine, penalty or forfeiture, or for multiple, were obtained. While the Texas decision. The Federal Circuit also specifically exemplary, or punitive damages, as further overruled TECA’s ruling that a DOE bankruptcy described in 11 U.S.C. § 726(a)(4).’’ Texas American 2 As of February 29, 1996, the account contained claim under the ESA to be paid to the federal and Bankruptcy Committee Plan of Liquidation §§ 3.07, $50,596.54, consisting of $48,307.13 principal and state governments on behalf of their citizen was for 3.09. $2,289.41 interest. restitution and not for a penalty. 13172 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices passed, we propose not to accept any FOR FURTHER INFORMATION CONTACT: construction or reconstruction, new applications. See Western Asphalt NSPS subpart D and NSPS subpart Da, notification of any physical or Service, 25 DOE ¶85,047 (1995). Instead, Ted Coopwood, (202) 564–7058 FAX operational changes to an existing these funds will be added to the general (202) 564–0050 or Chris Oh, (202) 564– facility which may increase the crude oil overcharge pool used for direct 7004; NSPS subpart BB, Maria DiBiase emission rate of any regulated air restitution. Eisemann at (202) 564–7016, FAX (202) pollutant, notification of the date upon Before taking the action proposed in 564–0050, NESHAP subpart N, NSPS which demonstration of the continuous this Proposed Decision, we intend to subpart CC and NSPS subpart HH, Scott monitoring system performance publicize our proposal and solicit Throwe at (202) 564–7013, FAX (202) commences, notification of the date of comments from interested parties. 564–0050; NSPS subpart MM, Suzanne the initial performance test, and results Comments regarding the tentative Childress at (202) 564–7018, FAX (202) of the performance test. distribution process set forth in this 564–0050, NSPS subpart RR, and Owners and operators are also Proposed Decision and Order should be Arsenic in Wood Preserving, Seth required to maintain records of the filed with the OHA within 30 days of its Heminway, (202) 564–7017, fax: (202) occurrence and duration of any start up, publication in the Federal Register. 564–0050, E-mail: shutdown, or malfunction in the It is therefore ordered that: Heminway.Seth@ EPAMAIL.EPA.GOV.; operation of an effected facility, or The refund amount remitted to the NSPS subpart SS, NSPS subpart TT, and malfunction in the operation of the air Department of Energy by Texas NSPS subpart WW, Gregory R. Waldrip, pollution control device, or any periods American Oil Corporation pursuant to 202–564–7024 (telephone)/202–564– during which the monitoring system is the Order of the United States 0050 (facsimile)/ inoperative. These notifications, reports, Bankruptcy Court for the Northern [email protected] and records are required in general of all District of Texas signed on April 12, (Email); NSPS subpart GGG, and sources subject to NSPS. 1995, will be distributed in accordance NESHAP subpart M, Tom Ripp (202) In addition to reporting and with the foregoing Decision. 564–7003; NSPS subpart HHH, Belinda recordkeeping requirements, facilities [FR Doc. 96–7270 Filed 3–25–96; 8:45 am] Breidenbach, (202) 564–7022, fax (202) subject to this subpart must install, 564–0050; NSPS Subparts III and NNN, BILLING CODE 6450±01±P calibrate, maintain, and operate a Jeffery KenKnight at (202) 564–7033 or continuous monitoring system (CMS) to via E-mail (KENKNIGHT.JEFFERY@ monitor SO2, NOX and opacity EPAMAIL.EPA.GOV); NSPS subpart ENVIRONMENTAL PROTECTION (specified in 40 CFR 60.45), and must KKK/LLL, Dan Chadwick, (202) 564– AGENCY notify EPA or the State regulatory 7054, FAX (202) 564–0050; NESHAP authority of the date upon which [FRL±5447±3] subpart E, Jane M. Engert, tel: (202) 564– demonstration of the CMS performance 5021; FAX: (202) 564–0050; e-mail: commences. Owners or operators must Agency Information Collection [email protected]; MACT submit quarterly reports indicating Activities subpart L, Maria Malave at (202) 564– whether compliance was achieved, and 7027 or via e-mail (MALAVE.MARIA@ their assessment of monitoring system AGENCY: Environmental Protection EPAMAIL.EPA.GOV.) or send a fax to performance (specified in 40 CFR 60.7). Agency (EPA). (202) 564–0050; MACT NESHAP The notifications and reports enable ACTION: Notice. subpart M, Karin Leff at (202) 564–7068. EPA or the delegated State regulatory SUPPLEMENTARY INFORMATION: authority to determine that best SUMMARY: In compliance with the demonstration technology is installed Paperwork Reduction Act (44 U.S.C. NSPS Subpart D; Fossil-Fuel-Fired and properly operated and maintained 3501 et seq.), this notice announces that Steam Generators and to schedule inspections. EPA is planning to submit the following Affected entities: Entities potentially To ensure compliance with these proposed and/or continuing Information affected by this action are those fossil- standards, the required records and Collection Requests (ICRs) to the Office fuel-fired Steam Generators for which reports are necessary to enable the of Management and Budget (OMB). construction is commenced after August Administrator: (1) To identify new, Before submitting the ICRs to OMB for 17, 1971. modified, or reconstructed sources review and approval, EPA is soliciting Title: New Source Performance subject to the standard; (2) to ensure comments on specific aspects of the Standards (NSPS) for Fossil-Fuel-Fired that the emission limits are being proposed information collections as Steam Generators for Which achieved; and (3) to ensure that described below. Construction is Commenced after emission reduction systems are being DATES: Comments must be submitted on August 17, 1971 (Subpart D)— operated and maintained properly. In or before May 28, 1996. Information Requirements (EPA ICR No. the absence of such information ADDRESSES: U. S. Environmental 1052.04; OMB No, 2060–0026). This is collection requirements, enforcement Protection Agency, 401 M Street SW, a request for extension of a currently personnel would be unable to determine Mail code 2223A OECA/OC/METD, approved information collection. whether standards are being met on a Washington, D.C. 20460. A copy of Abstract: Owners or operators of continuous basis, as required by the these ICR’s may be obtained without fossil-fuel-fired steam generating units Clean Air Act and in accordance with charge from Sandy Farmer (202) 260– which is capable of combusting more any applicable permit. 2740. This information may also be than 73 megawatts heat input of fossil acquired electronically through the fuel and is not covered under Subpart An Agency may not conduct or Enviro$en$e Bulletin Board, 703–908– Da, must provide EPA, or the delegated sponsor, and a person is not required to 2092 or the Enviro$en$e WWW/Internet State regulatory authority with the respond to, a collection of information Address, http//wastenot.inel.gov./ following one-time-only reports unless it displays a currently valid OMB envirosense/. All responses and (specified in 40 CFR 60.7): Notifications control number. The OMB control comments will be collected regularly of the anticipated and actual date of numbers for EPA’s regulations are listed from Enviro$en$e. start up, notification of the date of in 40 CFR Part 9. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13173

The EPA would like to solicit collecting, validating, and verifying 40 CFR 60.47a). Owners or operators comments to: information, processing and must submit quarterly reports indicating (i) Evaluate whether the proposed maintaining information, and disclosing whether compliance was achieved, and collection of information is necessary for the and providing information; adjust the their assessment of monitoring system proper performance of the functions of the existing ways to comply with any performance (specified in 40 CFR agency, including whether the information previously applicable instructions and 60.49a). The notifications and reports will have practical utility; requirements; train personnel to be able enable EPA or the delegated State (ii) evaluate the accuracy of the agency’s to respond to a collection of regulatory authority to determine that estimate of the burden of the proposed information; search data sources; best demonstration technology is collection of information, including the validity of the methodology and assumptions complete and review the collection of installed and properly operated and used; information; and transmit or otherwise maintained and to schedule inspections. (iii) enhance the quality, utility, and clarity disclose the information. To ensure compliance with these of the information to be collected; and NSPS Subpart Da; Electric Utility standards, the required records and (iv) Minimize the burden of the collection Steam Generating Units reports are necessary to enable the of information on those who are to respond, Administrator: (1) To identify new, including through the use of appropriate Affected entities: Entities potentially modified, or reconstructed sources automated electronic, mechanical, or other affected by this action are those Electric subject to the standard; (2) to ensure technological collection techniques or other Utility Steam Generating Units for forms of information technology, e.g., that the emission limits are being which construction is commenced after achieved; and (3) to ensure that permitting electronic submission of September 18, 1978. responses. emission reduction systems are being Title: New Source Performance operated and maintained properly. In Burden Statement: The Agency Standards (NSPS) for Electric Utility the absence of such information computed the burden for each of the Steam Generating Units (Subpart Da)— collection requirements, enforcement recordkeeping and reporting Information Requirements (EPA ICR No. personnel would be unable to determine requirements applicable to the industry 1053.04; OMB No. 2060–0023). This is whether standards are being met on a for the currently approved 1992 a request for extension of a currently continuous basis, as required by the Information Collection Request (ICR). approved information collection. Clean Air Act and in accordance with Where applicable, the Agency identified Abstract: Owners or operators of any applicable permit. An Agency may specific tasks and made assumptions, Electric Utility Steam Generating Units not conduct or sponsor, and a person is while being consistent with the concept capable of combusting more than 73 not required to respond to, a collection of burden under the Paper Reduction megawatts heat input of fossil fuel must of information unless it displays a Act. provide EPA, or the delegated State The estimate was based on the regulatory authority with the following currently valid OMB control number. assumption that there would be no new one-time-only reports: Notifications of The OMB control numbers for EPA’s effected facilities because new utility the anticipated and actual date of start regulations are listed in 40 CFR Part 9. The EPA would like to solicit boilers constructed after September 18, up, notification of the date of comments to: 1978 are subject to Subpart Da, and construction or reconstruction, boilers constructed after June 19, 1986 notification of any physical or (i) evaluate whether the proposed are subject to Subpart Db. operational changes to an existing collection of information is necessary for the proper performance of the functions of the Approximately 660 sources are facility which may increase the agency, including whether the information currently subject to the standard. For emission rate of any regulated air will have practical utility; the performance test , it was estimated pollutant, notification of the date upon (ii) evaluate the accuracy of the agency’s that it would take: 3440 person-hours to which demonstration of the continuous estimate of the burden of the proposed gather the information to write the monitoring system performance collection of information, including the initial reports and to conduct the initial commences, notification of the date of validity of the methodology and assumptions performance tests. However, there are the initial performance test, and results used; no new sources. For the 660 sources of the performance test. (iii) enhance the quality, utility, and clarity Owners and operators are also of the information to be collected; and subject, it was estimated that it would (iv) Minimize the burden of the collection take: 2640 person-hours to fill out required to maintain records of the of information on those who are to respond, quarterly and semiannual emission occurrence and duration of any start up, including through the use of appropriate reports and 60,225 person-hours to shutdown, or malfunction in the automated electronic, mechanical, or other check, maintain, and operate operation of an effected facility, or technological collection techniques or other continuous emission monitors malfunction in the operation of the air forms of information technology, e.g., (assuming a source operates 365 days pollution control device, or any periods permitting electronic submission of per year). during which the monitoring system is responses. The average annual burden to inoperative. These notifications, reports, Burden Statement: The Agency industry over the past three year period and records are required in general of all computed the burden for each of the from recordkeeping and reporting sources subject to NSPS. recordkeeping and reporting requirements had been estimated at In addition to reporting and requirements applicable to the industry 62,865 person-hours. The respondents recordkeeping requirements specified in for the currently approved 1992 costs was calculated on the basis of 40 CFR 60.7, facilities subject to this Information Collection Request (ICR). $14.50 plus 110 percent overhead. The subpart must install, calibrate, maintain, Where applicable, the Agency identified average annual burden to industry over and operate a continuous monitoring specific tasks and made assumptions, the past three years was estimated to be system (CMS) to monitor SO2, NOx and while being consistent with the concept $1,914,236. opacity (specified in 40 CFR 60.7 and 40 of burden under the Paper Reduction This estimate includes the time CFR 60.47a), and must notify EPA or the Act. needed to review instructions; develop, State regulatory authority of the date The estimate was based on the acquire, install, and utilize technology upon which demonstration of the CMS assumption that there would be seven and systems for the purposes of performance commences (specified in new effected facilities each year and 13174 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices there was an average of 71 sources in this source category as required under of $14.50 per hour plus 110 percent existence for the three years covered by Section 111 of the Clean Air Act. overhead rate. The current ICR also the ICR. For the new sources, it was The control of emissions of estimates the average annual burden to estimated that it would take: one particulate matter and TRS requires not the industry is $456,297. person-hours to read the instructions, only the installation of properly The following is a breakdown of 502 person-hours to gather the designed equipment, but also the proper burden used in the ICR. Burden is information to write the initial reports operation and maintenance of that calculated as two hours for respondents and 171 person-hours to conduct the equipment. These standards rely on the to write the reports for; notification of initial performance tests and reference capture of pollutants vented to a control construction or reconstruction, method 9 test (assuming that 20% of the device. notification of physical or operational tests must be repeated). For all sources, Owners or operators of kraft pulp changes, notification of anticipated it was estimated that it would take : 32 mills subject to NSPS Subpart BB are startup, notification of actual startup, person-hours to fill out quarterly and required to make initial notifications for notification of initial performance test, semiannual emission reports and 182 construction, startup, and performance notification of demonstration of CMS. person-hours to check, maintain, and testing. They must also report the Initial performance tests are allocated operate continuous emission monitors results of a performance test, and 370 burden hours. It is assumed that (assuming a source operates 365 days demonstration of a continuous 20% of all affected facilities will have per year). monitoring system if applicable. After to repeat performance tests. The ICR The average annual burden to the initial recordkeeping and reporting allocates four hours for Method 9. industry over the past three year period requirements, semiannual excess The recordkeeping burden is from recordkeeping and reporting emission reports are required. estimated to be 30 minutes to enter requirements had been estimated at Owners or operators are also required records of operating parameters. It is 19,597 person-hours. The respondents to maintain records of the occurrence assumed that the plant will operate 350 costs was calculated on the basis of and duration of any startup, shutdown, days a year, therefore, this information $14.50 plus 110 percent overhead. The or malfunction in the operation of an will be recorded 350 times a year. average annual burden to industry over affected facility, or malfunction in the Sources which have excess emission are the past three years was estimated to be operation of the air pollution control required to submit excess emission $596,733. device, or any periods during which the reports. These reports are allocated 16 This estimate includes the time monitoring system is inoperative. These burden hours with an average of 2 needed to review instructions; develop, notifications, reports and records are reports per year. There is no additional acquire, install, and utilize technology required in general, of all sources third party burden relevant to this ICR. and systems for the purposes of subject to NSPS. These estimates include the time collecting, validating, and verifying An Agency may not conduct or needed to review instructions; develop, information, processing and sponsor, and a person is not required to acquire, install, and utilize technology maintaining information, and disclosing respond to, a collection of information and systems for the purposes of and providing information; adjust the unless it displays a currently valid OMB collecting, validating, and verifying existing ways to comply with any control number. The OMB control information, processing and previously applicable instructions and numbers for EPA’s regulations are listed maintaining information, and disclosing requirements; train personnel to be able in 40 CFR Part 9. and providing information; adjust the to respond to a collection of The EPA would like to solicit existing ways to comply with any information; search data sources; comments to: previously applicable instructions and complete and review the collection of (i) Evaluate whether the proposed requirements; train personnel to be able information; and transmit or otherwise collection of information is necessary for the to respond to a collection of disclose the information. proper performance of the functions of the information; search data sources; NSPS subpart BB: Kraft Pulp Mills agency, including whether the information complete and review the collection of will have practical utility; information; and transmit or otherwise Affected entities: Entities potentially (ii) Evaluate the accuracy of the agency’s disclose the information. affected by this action are those which estimate of the burden of the proposed are subject to New Source Performance collection of information, including the NSPS Subpart CC: Glass Manufacturing Standards (NSPS) Subpart BB, validity of the methodology and assumptions Plants Standards of Performance for Kraft Pulp used; (iii) Enhance the quality, utility, and clarity Affected entities: Entities potentially Mills. affected by this action are those which Title: NSPS Subpart BB, Standards of of the information to be collected; and (iv) Minimize the burden of the collection are subject to New Source Performance Performance for Kraft Pulp Mills. OMB of information on those who are to respond, Standards (NSPS) Subpart CC, Control Number: 2060–0021, Expiration including through the use of appropriate Standards of Performance for Glass date: September 30, 1996. automated electronic, mechanical, or other Manufacturing Plants. Abstract: This ICR contains technological collection techniques or other recordkeeping and reporting forms of information technology, e.g., Title: NSPS Subpart CC, Standards of requirements that are mandatory for permitting electronic submission of Performance for Glass Manufacturing compliance with Subpart BB, New responses. Plants. OMB Control Number: 2060– Source Performance Standards for Kraft Burden Statement: At the writing of 0054, Expiration date: August 31, 1996 Pulp Mills. In the Administrator’s the previous ICR there were 65 sources Abstract: This ICR contains judgement, particulate matter and Total currently subject to the standards. It is recordkeeping and reporting Reduced Sulfur (TRS) from kraft pulp estimated that 2 additional sources per requirements that are mandatory for mills cause or contribute to air pollution year will become subject to the compliance with Subpart CC, New that may reasonably be anticipated to standard. The current ICR estimates Source Performance Standards for Glass endanger public health or welfare. average annual burden to the industry to Manufacturing Plants. This information Therefore, New Source Performance be 14,996 person hours. The respondent notifies the Agency when a source Standards have been promulgated for costs have been calculated on the basis becomes subject to the regulations, and Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13175 informs the Agency that the source is in technological collection techniques or other Plants. OMB Control Number: 2060– compliance when it begins operation. In forms of information technology, e.g., 0063, Expiration date: October 31, 1996. the Administrator’s judgement, permitting electronic submission of Abstract: This ICR contains particulate matter from glass responses. recordkeeping and reporting manufacturing plants cause or Burden Statement: At the writing of requirements that are mandatory for contribute to air pollution that may the previous ICR there were 25 sources compliance with Subpart HH, New reasonably be anticipated to endanger currently subject to the standards. It is Source Performance Standards for Lime public health or welfare. Therefore, New estimated that 1.7 additional sources per Manufacturing Plants. In the Source Performance Standards have year will become subject to the Administrator’s judgement, particulate been promulgated for this source standard. The current ICR estimates matter from lime manufacturing plants category as required under Section 111 average burden to the industry to be cause or contribute to air pollution that of the Clean Air Act. 2212 person hours. The respondent may reasonably be anticipated to The control of emissions of costs have been calculated on the basis endanger public health or welfare. particulate matter requires not only the of $14.50 per hour plus 110 percent Therefore, New Source Performance installation of properly designed overhead rate. The current ICR also Standards have been promulgated for equipment, but also the proper estimates the average annual burden to this source category as required under operation and maintenance of that the industry is $67,369. Section 111 of the Clean Air Act. equipment. These standards rely on the The following is a breakdown of The control of emissions of capture of pollutants vented to a control burden used in the ICR. Burden is particulate matter requires not only the device. calculated as two hours for respondents installation of properly designed Owners or operators of glass to write the reports for; notification of equipment, but also the proper manufacturing plants subject to NSPS construction or reconstruction, operation and maintenance of that Subpart CC are required to make initial notification of physical or operational equipment. These standards rely on the notifications for construction, startup, changes, notification of anticipated capture of pollutants vented to a control and performance testing. They must also startup, notification of actual startup, device. report the results of a performance test, notification of initial performance test, Owners or operators of lime and demonstration of a continuous notification of demonstration of COM. manufacturing plants subject to NSPS monitoring system if applicable. After Initial performance tests are allocated Subpart HH are required to make initial the initial recordkeeping and reporting 160 burden hours. It is assumed that notifications for construction, startup, requirements, semiannual excess 20% of all affected facilities will have and performance testing. They must also emission reports are required but only to repeat performance tests. Sources report the results of a performance test, from sources with modified processes. It which have modified processes are and demonstration of a continuous is estimated that seventy five percent of required to submit semiannual excess monitoring system if applicable. After sources will have modified processes. emission reports. Excess emission the initial recordkeeping and reporting Owners or operators are also required reports are allocated 8 burden hours and requirements, semiannual excess to maintain records of the occurrence 2 reports per year. emission reports are required. and duration of any startup, shutdown, The recordkeeping burden is Owners or operators are also required or malfunction in the operation of an estimated to be 15 minutes to enter to maintain records of the occurrence affected facility, or malfunction in the records of operating parameters. It is and duration of any startup, shutdown, operation of the air pollution control assumed that the plant will operate 250 or malfunction in the operation of an device, or any periods during which the days a year, therefore, this information affected facility, or malfunction in the monitoring system is inoperative. These will be recorded 250 times a year. This operation of the air pollution control notifications, reports and records are estimate includes the time needed to device, or any periods during which the required in general, of all sources review instructions; develop, acquire, monitoring system is inoperative. These subject to NSPS. install, and utilize technology and notifications, reports and records are An Agency may not conduct or systems for the purposes of collecting, required in general, of all sources sponsor, and a person is not required to validating, and verifying information, subject to NSPS. respond to, a collection of information processing and maintaining An Agency may not conduct or unless it displays a currently valid OMB information, and disclosing and sponsor, and a person is not required to control number. The OMB control providing information; adjust the respond to, a collection of information numbers for EPA’s regulations are listed existing ways to comply with any unless it displays a currently valid OMB in 40 CFR Part 9. previously applicable instructions and control number. The OMB control The EPA would like to solicit requirements; train personnel to be able numbers for EPA’s regulations are listed comments to: to respond to a collection of in 40 CFR Part 9. (i) Evaluate whether the proposed information; search data sources; The EPA would like to solicit collection of information is necessary for the complete and review the collection of comments to: proper performance of the functions of the information; and transmit or otherwise (i) Evaluate whether the proposed agency, including whether the information disclose the information. collection of information is necessary for the will have practical utility; NSPS Subpart HH: Lime Manufacturing proper performance of the functions of the (ii) Evaluate the accuracy of the agency’s agency, including whether the information estimate of the burden of the proposed Plants will have practical utility; collection of information, including the Affected entities: Entities potentially (ii) Evaluate the accuracy of the agency’s validity of the methodology and assumptions affected by this action are those which estimate of the burden of the proposed used; are subject to New Source Performance collection of information, including the (iii) Enhance the quality, utility, and clarity validity of the methodology and assumptions of the information to be collected; and Standards (NSPS) Subpart HH, used; (iv) Minimize the burden of the collection Standards of Performance for Lime (iii) Enhance the quality, utility, and clarity of information on those who are to respond, Manufacturing Plants. of the information to be collected; and including through the use of appropriate Title: NSPS Subpart HH, Standards of (iv) Minimize the burden of the collection automated electronic, mechanical, or other Performance for Lime Manufacturing of information on those who are to respond, 13176 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices including through the use of appropriate are subject to New Source Performance proper performance of the functions of the automated electronic, mechanical, or other Standards (NSPS) Subpart MM, agency, including whether the information technological collection techniques or other Standards of Performance for will have practical utility; forms of information technology, e.g., Automobile and Light Duty Truck (ii) Evaluate the accuracy of the agency’s permitting electronic submission of estimate of the burden of the proposed responses. Surface Coating Operations. collection of information, including the Title: NSPS Subpart MM, Standards of Burden Statement: At the writing of validity of the methodology and assumptions Performance for Automobile and Light used; the previous ICR there were 32 sources Duty Truck Surface Coating Operations. (iii) Enhance the quality, utility, and clarity currently subject to the standards. It is OMB Control Number: 2060–0034, of the information to be collected; and estimated that 2 additional sources per Expiration Date: October 31, 1996. (iv) Minimize the burden of the collection year will become subject to the Abstract: This ICR contains of information on those who are to respond, standard. The current ICR estimates recordkeeping and reporting including through the use of appropriate automated electronic, mechanical, or other average annual burden to the industry to requirements that are mandatory for be 3031 person hours. The respondent technological collection techniques or other compliance with Subpart MM, New forms of information technology, e.g., costs have been calculated on the basis Source Performance Standards for of $14.50 per hour plus 110 percent permitting electronic submission of Automobile and Light Duty Truck responses. overhead rate. The current ICR also Surface Coating Operations. In the estimates the average annual burden to Burden Statement: At the writing of Administrator’s judgement, VOC the previous ICR there were 38 sources the industry is $92,297. emissions from auto mobile and light The following is a breakdown of currently subject to the standards. It is duty truck surface coating operations estimated that 3 additional sources per burden used in the ICR. Burden is cause or contribute to air pollution that calculated as two hours for respondents year will become subject to the may reasonably endanger public health standard. The current ICR estimates to write the reports for; notification of or welfare. Therefore, New Source construction or reconstruction, average annual burden to the industry to Performance Standards have been be 2174 person hours. The respondent notification of physical or operational promulgated for this source category as changes, notification of anticipated costs have been calculated on the basis required under Section 111 of the Clean of $14.50 per hour plus 110 percent startup, notification of actual startup, Air Act. notification of initial performance test, overhead rate. The current ICR also The control of emissions of VOC estimates the average annual burden to notification of demonstration of COM. requires not only the installation of Initial performance tests are allocated the industry is $66,198. properly designed equipment, but also The following is a breakdown of 280 burden hours. It is assumed that the proper operation and maintenance 20% of all affected facilities will have burden used in the ICR. Burden is of that equipment. These standards rely calculated as two hours for respondents to repeat performance tests. The ICR on the capture of pollutants vented to a allocates four hours for Method 9. These to write the reports for; notification of control device. construction or reconstruction, are all one time only burdens. Owners or operators of surface coating The recordkeeping burden is notification of physical or operational operations for automobile and light duty estimated to be 15 minutes to enter changes, notification of anticipated trucks subject to NSPS Subpart MM are records of operating parameters. It is startup, notification of actual startup, required to make initial notifications for assumed that the plant will operate 250 notification of initial performance test. construction, startup, and performance days a year, therefore, this information Initial performance tests are allocated testing. They must also report the will be recorded 250 times a year. 180 burden hours. It is assumed that results of a performance test, and Sources which have excess emission are 20% of all affected facilities will have demonstration of a continuous required to submit excess emission to repeat performance tests. monitoring system if applicable. After reports. These reports are allocated 8 The recordkeeping burden is the initial recordkeeping and reporting burden hours with an average of 2 estimated to be 15 minutes to enter requirements, semiannual excess reports per year. There is no additional records of operating parameters. It is emission reports are required. Owners third party burden relevant to this ICR. assumed that the plant will operate 250 These estimates include the time or operators are also required to days a year, therefore, this information needed to review instructions; develop, maintain records of the occurrence and will be recorded 250 times a year. acquire, install, and utilize technology duration of any startup, shutdown, or Sources which have excess emissions and systems for the purposes of malfunction in the operation of an are required to submit excess emission collecting, validating, and verifying affected facility, or malfunction in the reports. These reports are allocated 8 information, processing and operation of the air pollution control burden hours with an average of 2 maintaining information, and disclosing device, or any periods during which the reports per year. There is no additional and providing information; adjust the monitoring system is inoperative. These third party burden relevant to this ICR. existing ways to comply with any notifications, reports and records are This estimate includes the time previously applicable instructions and required in general, of all sources needed to review instructions; develop, requirements; train personnel to be able subject to NSPS. acquire, install, and utilize technology to respond to a collection of An Agency may not conduct or and systems for the purposes of information; search data sources; sponsor, and a person is not required to collecting, validating, and verifying complete and review the collection of respond to, a collection of information information, processing and information; and transmit or otherwise unless it displays a currently valid OMB maintaining information, and disclosing disclose the information. control number. The OMB control and providing information; adjust the numbers for EPA’s regulations are listed existing ways to comply with any NSPS Subpart MM; Automobile and in 40 CFR Part 9. previously applicable instructions and Light Duty Truck Surface Coating The EPA would like to solicit requirements; train personnel to be able Operations comments to: to respond to a collection of Affected entities: Entities potentially (i) Evaluate whether the proposed information; search data sources; affected by this action are those which collection of information is necessary for the complete and review the collection of Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13177 information; and transmit or otherwise used and an indication that a hood or Notifications inform the Agency or disclose the information. enclosure device to capture fugitive delegated authority about when a source emissions is operational. Any affected becomes subject to the standard. The NSPS Subpart RR; Pressure Sensitive facility that inputs to the coating reviewing authority can then inspect the Tape and Label process 45 Mg of VOC or less per 12 source to check if the pollution control Affected entities: Facilities affected by month period is not subject to the devices are properly installed and this action are those that are subject to emission limits of 40 CFR § 60.442, operated. Performance test reports are the Clean Air Act New Source however, the effected facility shall needed as these are the Agency’s record Performance Standard subpart RR, maintain a 12 month record of the of a source’s initial capability to comply which applies to facility owners and amount of solvent applied in the coating with the emissions standard. The operators who manufacture pressure at the facility. semiannual reports are used for problem sensitive tape and labels and whose When thermal or catalytic identification, and a check on source facilities were built, modified or incineration is performed, the owner or operation and maintenance, and for reconstructed after December 30, 1980. operator shall keep records of each compliance determinations. Title: ‘‘NSPS for Pressure Sensitive three-hour period during which the This collected information is used by Tape and Label Surface Coating (subpart incinerator temperature averaged more the Agency to efficiently monitor RR)—information requirements,’’ OMB than 38 degrees celsius below the industry compliance with NSPS. In the control number: 2060–0004, Expiration temperature of the most recent absence of collecting such information, date 10/31/96. performance test. Records of this continuous monitoring of compliance Abstract: This ICR contains record information shall be kept at the source with the standards could be ensured keeping and reporting requirements that for a period of two years. only through continuous on-site are mandatory for compliance with The record keeping requirements for inspections by regulatory agency subpart RR, New Source Performance the surface coating industry of pressure personnel, which would be extremely Standards for facilities that manufacture sensitive tape and labels consist of the costly. pressure sensitive tape and labels. In the occurrence and duration of any start-up The EPA would like to solicit Administrator’s judgement volatile and malfunctions as described. They comments to: organic compounds (VOC’s) from this include the initial performance test industry contribute to air pollution that results including information necessary (i) Evaluate whether the proposed may reasonably be anticipated to collection of information is necessary for the to determine conditions of the proper performance of the functions of the endanger public health and welfare. performance test, and performance test agency, including whether the information Therefore, this NSPS was promulgated measurements and results including, for will have practical utility; under Clean Air Act (CAA) section 111 affected facilities complying with the (ii) Evaluate the accuracy of the agency’s for this source category. EPA is granted standard without the use of add-on estimate of the burden of the proposed the authority to require facilities to controls, a weighted average of the mass collection of information, including the provide information concerning their air of solvent used per mass of coating validity of the methodology and assumptions emissions under CAA sections 111(a) solids applied; the weighted average used; and 114(a). mass of VOC per mass of coating solids (iii) Enhance the quality, utility, and clarity Owners and operators of the affected of the information to be collected; and applied at facilities controlled by a (iv) Minimize the burden of the collection facilities must make the following solvent recovery device; and the of information on those who are to respond, onetime-only reports: notification of the weighted average mass of VOC per mass including through the use of appropriate date of construction or reconstruction; of coating solids applied being used at automated electronic, mechanical, or other notification of the anticipated and a facility controlled by a solvent technological collection techniques or other actual dates of initial start-up; destruction device; and the results of forms of information technology, e.g., notification of any physical change to an the monthly performance and records of permitting electronic submission of existing facility that may increase the operating parameters. Records of start- responses. regulated pollutant emission rate; ups, shutdowns, and malfunctions Data submitted to EPA that is deemed notification of initial performance test should be noted as they occur. Any Confidential Business Information will and the results of the initial owner or operator subject to the be safeguarded according to the Agency performance test. Owners or operators provisions of this part shall maintain a policies set forth in Title 40, Chapter 1, are also required to maintain records of file of these measurements, and retain Part 2, Subpart B—Confidentiality of the occurrences and duration of any the file for at least two years following Business Information (see 40 CFR 2). start-up, shut-down or malfunction in the date of such measurements and An Agency may not conduct or the operation of an affected facility, or records. sponsor, and a person is not required to any period during which the monitoring The reporting requirements for this respond to, a collection of information system is inoperative. These industry currently include the initial unless it displays a currently valid OMB notifications, reports and records are notifications listed, the initial control number. The OMB control required, in general, of all sources performance test results, quarterly numbers for EPA’s regulations are listed subject to NSPS. reports of excess VOC emissions, and in 40 CFR Part 9. Monitoring requirements specific to semiannual reports when no excess Burden Statement: The reporting these coating operations consist of emissions are recorded. Semiannual requirements for this information maintaining a calendar month record of monitoring system results shall include collection consist of performance all coatings used and their VOC content, temperature variances of the control testing, notifications and VOC emission the amount of solvent applied and device, the date and time of the reporting. EPA estimates that each recovered when a solvent recovery deviance, the nature and cause of the initial performance test will take 60 device is used, temperature of exhaust malfunction (if known) and corrective hours to complete and that 45 new or gases if thermal incineration is used, measures taken, and identification of modified facilities will be required to temperature of exhaust gases both the time period during which the conduct the tests each year and that upstream and downstream of the continuous monitoring system was about 20 percent will fail and have to catalyst bed if catalytic incineration is inoperative. re-test. In addition, there are monthly 13178 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices performance tests which take existing ways to comply with any coating of large appliances result from approximately 1 hour to conduct, for a previously applicable instructions and the application and curing or drying of total of 12 hours per year per facility. requirements; train personnel to be able organic coatings on the surface of each These are conducted to ensure that the to respond to a collection of large appliance part or product. These pollution control systems are working. information; search data sources; standards rely on the reduction of VOC In terms of the notification complete and review the collection of emissions through either a capture requirements, EPA estimates that on information; and transmit or otherwise system and incinerator or a capture average it takes two hours to prepare the disclose the information. system and solvent recovery system. four different notifications for a new Information is recorded in sufficient NSPS Subpart SS; Large Appliance plant, notification of construction, detail to enable owners or operators to Surface Coating anticipated start-up, actual start-up, demonstrate compliance with the initial performance test, and submission Affected entities: Entities potentially standards. This information is used to of the initial performance test. affected by this action are each large monitor effective operation of the Each facility is required to report on appliance surface coating line in which capture system and control devices, a semiannual basis the amount of organic coatings are applied and for thus ensuring continuous compliance emissions that the facility emitted in which construction, modification or with the standards. The semiannual excess of the emission standard. reconstruction commenced after reporting requirement for no Assuming that a facility would submit December 24, 1980. A surface coating exceedances of the monitoring one report a year for excess emissions in line includes the coating application parameters provides a good indication addition to the required semiannual station(s), flash-off area, and curing of a source’s compliance status. emission report a facility would spend oven. The information collected from record about 5 hours preparing each report for Title: NSPS for Industrial Surface keeping and reporting requirements is a total of 10 hours per year. For those Coating: Large Appliances - Information also used for targeting inspections, and facilities using incineration (assume 80 Requirements; OMB NO.: 2060–0108; is of sufficient quality to be used as percent of all facilities) to control Expiration date: October 31, 1996. evidence in court. An Agency may not emissions, exhaust gas temperature Abstract: The EPA is charged under conduct or sponsor, and a person is not reports would be submitted Section 111 of the Clean Air Act, as required to respond to, a collection of semiannually and would take amended, to establish standards of information unless it displays a approximately 4 hours to prepare for a performance for new stationary sources currently valid OMB control number. total of 8 hours per facility. The that reflect: The OMB control numbers for EPA’s emissions recordkeeping takes *** application of the best technological regulations are listed in 40 CFR Part 9. approximately 15 minutes per day and system of continuous emissions reduction In order to ensure compliance with assuming that the facility is operational which (taking into consideration the cost of these standards, adequate record for 250 days a year the time expended achieving such emissions reduction, of any keeping is necessary. In the absence of on this activity would be 62 hours and nonair quality health and environmental such information, enforcement 30 minutes. An existing facility that is impact and energy requirements) the personnel would be unable to determine in compliance will spend about 92 Administrator determines has been whether the standards are being met on hours and 30 minutes complying with adequately demonstrated [Section 111(a)(1)]. a continuous basis, as required by the the standard. A facility that is new or The Agency refers to this charge as Clean Air Act. that has been modified will spend an selecting the best demonstrated additional 68 hours complying with the technology (BDT). Section 111 also Owners/operators of affected facilities performance test and notifications for requires that the Administrator review, must report excess emissions and new facilities. EPA assumes the average and, if appropriate revise such deviations in operating parameters on a wage is $14.95 per hour plus 110 standards every four years. In addition, quarterly basis. Where no exceedances percent overhead, which equals $30.45. Section 114(a) states that: have occurred during a particular quarter, a report stating this shall be Thus, plants that are in compliance and *** the Administrator may require any that are not new or newly modified will submitted semi-annually. owner or operator subject to any requirement Notification of construction and spend about $2,817 for compliance with of this Act to (A) establish and maintain such the information collection requirements. records, (B) make such reports, install, use startup indicates to enforcement Newly built or modified plants will and maintain such monitoring equipment or personnel when a new affected facility spend about $4,668 to comply with the methods (in accordance with such methods has been constructed and therefore is information collection requirements. at such locations, at such intervals, and in subject to the standards. The EPA estimates that there were 504 such manner as the Administrator shall information generated by the affected facilities at the time of the prescribe), and (D) provide such other monitoring, record keeping and previous ICR renewal plus the average information, as he may reasonably require. reporting requirements described above number of facilities to come on-line over In the Administrator’s judgment, VOC is used by the Agency to ensure the following three years, 45 facilities, emissions from the large appliance facilities affected by the NSPS continue totalling 549 sources that are subject to surface coating industry cause or to operate the control equipment used to the standard. The total industry annual contribute to air pollution that may achieve compliance with the NSPS. burden according to EPA’s estimate is reasonably be anticipated to endanger The Agency has calculated individual 54,921 hours or $1,672,346. public health or welfare. Therefore, an burdens for each of the record keeping This estimate includes the time NSPS was promulgated for this source and reporting requirements applicable needed to review instructions; develop, category. to the industry. The individual burdens acquire, install, and utilize technology The control of VOC emissions from are expressed under standardized and systems for the purposes of large appliance coating operations headings believed to be consistent with collecting, validating, and verifying requires not only the installation of the concept of burden under the information, processing and properly designed equipment, but also Paperwork Reduction Act. Where maintaining information, and disclosing the operation and maintenance of that appropriate, specific tasks and major and providing information; adjust the equipment. VOC emissions from the assumptions have been identified. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13179

The record keeeping and reporting the purposes of collecting, validating, The control of VOC emissions from requirements burden are as follows: and verifying information, processing large appliance coating operations Read Instructions—26 hours; and maintaining information, and requires not only the installation of Notification of construction or disclosing and providing information; properly designed equipment, but also reconstruction—52 hours; Notification adjust the existing ways to comply with the operation and maintenance of that of anticipated date of initial startup—52 any previously applicable instructions equipment. VOC emissions from the hours; Notification of actual date of and requirements; train personnel to be coating of metal coils result from the initial startup—52 hours; Initial able to respond to a collection of application and curing or drying of Performance Test—1,560 hours; Repeat information; search data sources; organic coatings on the coil or roll Performance Test—312 hours; Monthly complete and review the collection of surface. These standards rely on the performance test—3528 hours; Report information; and transmit or otherwise reduction of VOC emissions through performance test—3,675 hours; Install, disclose the information. either a capture system and incinerator calibrate, maintain, and operate or a capture system and solvent NSPS Subpart TT; Metal Coil Surface temperature monitoring device—1,880 recovery system. Coating hours; Identify and record incinerator Information is recorded in sufficient combustion temperature; Identify and Affected entities: Entities potentially detail to enable owners or operators to record excess emissions—3675 hours; affected by this action are each metal demonstrate compliance with the Records of operating parameters— coil surface coating operation in which standards. This information is used to 18,375. organic coatings are applied and for monitor effective operation of the The EPA would like to solicit which construction, modification or capture system and control devices, comments to: reconstruction commenced after January thus ensuring continuous compliance with the standards. The semiannual (i) Evaluate whether the proposed 5, 1981. A metal coil surface coating collection of information is necessary for the operation means the application system reporting requirement for no proper performance of the functions of the used to apply an organic coating to the exceedances of the monitoring agency, including whether the information surface of any continuous metal strip parameters provides a good indication will have practical utility; with thickness of 0.15 millimeter (mm) of a source’s compliance status. (ii) Evaluate the accuracy of the agency’s (0.0006 in.) Or more that is packaged in The information collected from record estimate of the burden of the proposed a roll or coil. keeping and reporting requirements is collection of information, including the Title: NSPS for Metal Coil Surface also used for targeting inspections, and validity of the methodology and assumptions is of sufficient quality to be used as used; Coating, Subpart TT—Information (iii) Enhance the quality, utility, and clarity Requirements; OMB NO.: 2060–0107; evidence in court. An Agency may not of the information to be collected; and Expiration date: October 31, 1996. conduct or sponsor, and a person is not (iv) Minimize the burden of the collection Abstract: The EPA is charged under required to respond to, a collection of of information on those who are to respond, Section 111 of the Clean Air Act, as information unless it displays a including through the use of appropriate amended, to establish standards of currently valid OMB control number. automated electronic, mechanical, or other performance for new stationary sources The OMB control numbers for EPA’s technological collection techniques or other that reflect: regulations are listed in 40 CFR Part 9. forms of information technology, e.g., In order to ensure compliance with *** application of the best technological permitting electronic submission of these standards, adequate record responses. system of continuous emissions reduction which (taking into consideration the cost of keeping is necessary. In the absence of Burden Statement: The individual achieving such emissions reduction, of any such information, enforcement burdens for each of the record keeping nonair quality health and environmental personnel would be unable to determine and reporting requirements applicable impact and energy requirements) the whether the standards are being met on to the industry are consistent with the Administrator determines has been a continuous basis, as required by the concept of burden under the Paperwork adequately demonstrated [Section 111(a)(1)]. Clean Air Act. Reduction Act. The only type of The Agency refers to this charge as Owners/operators of affected facilities industry costs associated with the selecting the best demonstrated must report excess emissions and information collection activity in the technology (BDT). Section 111 also deviations in operating parameters on a standards are labor costs. The labor requires that the Administrator review, quarterly basis. Where no exceedances estimates in the table were derived from and, if appropriate revise such have occurred during a particular standard estimates based on EPA’s standards every four years. In addition, quarter, a report stating this shall be experience with other standards. The Section 114(a) states that: submitted semi-annually. average annual burden to industry over Notification of construction and the next three years from these record ** * the Administrator may require any owner or operator subject to any requirement startup indicates to enforcement keeping and reporting requirements is of this Act to (A) establish and maintain such personnel when a new affected facility estimated at 29,512 person-hours for records, (B) make such reports, install, use has been constructed and therefore is 268 existing facilities. It is estimated and maintain such monitoring equipment or subject to the standards. The that each year 26 new sources will methods (in accordance with such methods information generated by the replace existing sources. No growth in at such locations, at such intervals, and in monitoring, record keeping and facilities is expected during the next such manner as the Administrator shall reporting requirements described above three years. The respondent costs have prescribe), and (D) provide such other is used by the Agency to ensure been calculated on the basis of $14.50 information, as he may reasonably require. facilities affected by the NSPS continue per hour plus 110 percent overhead. In the Administrator’s judgment, VOC to operate the control equipment used to The average annual burden to industry emissions from the metal coil surface achieve compliance with the NSPS. over the next three years of the ICR is coating industry cause or contribute to The Agency has calculated individual estimated to be $898,641. This estimate air pollution that may reasonably be burdens for each of the record keeping includes the time needed to review anticipated to endanger public health or and reporting requirements applicable instructions; develop, acquire, install, welfare. Therefore, an NSPS was to the industry. The individual burdens and utilize technology and systems for promulgated for this source category. are expressed under standardized 13180 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices headings believed to be consistent with validating, and verifying information, The control of VOC emissions from the concept of burden under the processing and maintaining beverage can surface coating lines Paperwork Reduction Act. Where information, and disclosing and requires not only the installation of appropriate, specific tasks and major providing information; adjust the properly designed equipment, but also assumptions have been identified. existing ways to comply with any the operation and maintenance of that The record keeeping and reporting previously applicable instructions and equipment. VOC emissions from the requirements burden are as follows: requirements; train personnel to be able coating of beverage can surfaces result Read instructions—6 hours; Report of to respond to a collection of from the application and curing or initial performance test—360 hours; information; search data sources; drying of organic coatings on the surface Repeat of performance test—72 hours; complete and review the collection of of each beverage can part or product. Notification of construction or information; and transmit or otherwise These standards rely on the reduction of reconstruction—12 hours; Notification disclose the information. VOC emissions through either a capture of anticipated data of initial startup—12 system and incinerator or a capture hours; Notification of actual date of NSPS Subpart WW; Beverage Can system and solvent recovery system. initial startup—12 hours; Emission Surface Coating Information is recorded in sufficient Reports—1,450 hours; Temperature Affected entities: Entities potentially detail to enable owners or operators to reports—744 hours; Monthly affected by this action are each facility demonstrate compliance with the performance test—1,392 hours; Record with beverage can surface coating lines: standards. This information is used to operating parameters—7,250. each exterior base coat operation, each monitor effective operation of the The EPA would like to solicit overvarnish coating operation, and each capture system and control devices, comments to: inside spray coating operation and for thus ensuring continuous compliance (i) Evaluate whether the proposed which construction, modification or with the standards. The semiannual collection of information is necessary for the reconstruction commenced after reporting requirement for no proper performance of the functions of the November 26, 1980. A surface coating exceedances of the monitoring agency, including whether the information line includes the coating application parameters provides a good indication will have practical utility; station(s), flash-off area, and curing of a source’s compliance status. (ii) Evaluate the accuracy of the agency’s oven. The information collected from record estimate of the burden of the proposed keeping and reporting requirements is Title: NSPS for the Beverage Can collection of information, including the also used for targeting inspections, and Surface Coating Industry—Information validity of the methodology and assumptions is of sufficient quality to be used as used; Requirements; OMB No.: 2060–0001; evidence in court. An Agency may not (iii) Enhance the quality, utility, and clarity Expiration date: October 31, 1996. conduct or sponsor, and a person is not of the information to be collected; and Abstract: The EPA is charged under (iv) Minimize the burden of the collection required to respond to, a collection of of information on those who are to respond, Section 111 of the Clean Air Act, as information unless it displays a including through the use of appropriate amended, to establish standards of currently valid OMB control number. automated electronic, mechanical, or other performance for new stationary sources The OMB control numbers for EPA’s technological collection techniques or other that reflect: regulations are listed in 40 CFR Part 9. forms of information technology, e.g., ** * application of the best technological In order to ensure compliance with permitting electronic submission of system of continuous emissions reduction these standards, adequate record responses. which (taking into consideration the cost of keeping is necessary. In the absence of Burden Statement: The individual achieving such emissions reduction, of any such information, enforcement burdens for each of the record keeping nonair quality health and environmental personnel would be unable to determine and reporting requirements applicable impact and energy requirements) the whether the standards are being met on to the industry are consistent with the Administrator determines has been adequately demonstrated [Section 111(a)(1)]. a continuous basis, as required by the concept of burden under the Paperwork Clean Air Act. Reduction Act. The only type of The Agency refers to this charge as Owners/operators of affected facilities industry costs associated with the selecting the best demonstrated must report excess emissions and information collection activity in the technology (BDT). Section 111 also deviations in operating parameters on a standards are labor costs. The labor requires that the Administrator review, quarterly basis. Where no exceedances estimates in the table were derived from and, if appropriate, revise such have occurred during a particular standard estimates based on EPA’s standards every four years. In addition, quarter, a report stating this shall be experience with other standards. The Section 114(a) states that: submitted semiannually. average annual burden to industry over ** * the Administrator may require any Notification of construction and the next three years from these record owner or operator subject to any requirement startup indicates to enforcement keeping and reporting requirements is of this Act to (A) establish and maintain such personnel when a new affected facility estimated at 11,310 person-hours for records, (B) make such reports, install, use has been constructed and therefore is 116 existing facilities. It is estimated and maintain such monitoring equipment or subject to the standards. The that each year 3 new sources will be methods (in accordance with such methods information generated by the required to meet these reporting at such locations, at such intervals, and in monitoring, record keeping and requirements. The respondent costs such manner as the Administrator shall reporting requirements described above have been calculated on the basis of prescribe), and (D) provide such other information, as he may reasonably require. is used by the Agency to ensure $14.50 per hour plus 110 percent facilities affected by the NSPS continue overhead. The average annual burden to In the Administrator’s judgment, VOC to operate the control equipment used to industry over the next three years of the emissions from the beverage can surface achieve compliance with the NSPS. ICR is estimated to be $344,390. This coating industry cause or contribute to The Agency has calculated individual estimate includes the time needed to air pollution that may reasonably be burdens for each of the record keeping review instructions; develop, acquire, anticipated to endanger public health or and reporting requirements applicable install, and utilize technology and welfare. Therefore, an NSPS was to the industry. The individual burdens systems for the purposes of collecting, promulgated for this source category. are expressed under standardized Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13181 headings believed to be consistent with acquire, install, and utilize technology successful repair shall be recorded in the concept of burden under the and systems for the purposes of the log. Paperwork Reduction Act. Where collecting, validating, and verifying Semiannual reports shall be appropriate, specific tasks and major information, processing and submitted itemizing information for assumptions have been identified. The maintaining information, and disclosing each month. All reports are to be sent record keeping and reporting and providing information; adjust the to the delegated State or local authority. requirements burden are as follows: existing ways to comply with any In the event that there is no such Read instructions—2 hours; Report of previously applicable instructions and delegated authority, the reports are sent initial performance test—120; Repeat of requirements; train personnel to be able directly to the EPA Regional office. performance test—120 hours; to respond to a collection of Notifications are used to inform the Notification of construction or information; search data sources; agency or delegated authority when a reconstruction—4 hours; Notification of complete and review the collection of source becomes subject to the standard. anticipated date of initial startup—4 information; and transmit or otherwise The reviewing authority may then hours; Notification of actual date of disclose the information. inspect the source to check if the initial startup—4 hours; Notification of standard is being met. Performance test NSPS Subpart GGG; Equipment Leaks initial performance test—4 hours; VOC results are needed as these are the of VOC in Petroleum Refineries emission reports—263 hours; Agency’s record of a sources initial Temperature reports—136 hours; Affected entities: Entities potentially capacity to meet the standard. The semi Monthly performance test—252 hours; affected by this action are process units annual reports are used for problem Records of operating parameters—1,916 at petroleum refineries that commenced identification, as a check on source hours. construction, modification, or operations and maintenance, and for The EPA would like to solicit reconstruction after January 4, 1983. compliance determinations. comments to: Affected process units include each In the Administrator’s judgement, (i) Evaluate whether the proposed group of equipment assembled to VOC emissions from process units cause collection of information is necessary for the produce intermediate or final products or contribute to air pollution that may proper performance of the functions of the from petroleum, unfinished petroleum reasonably be anticipated to endanger agency, including whether the information derivatives, or other intermediates. public health or welfare. Therefore, New will have practical utility; Title: Standards of Performance for Source Performance Standards have (ii) Evaluate the accuracy of the agency’s Equipment Leaks of VOC in been promulgated for this source estimate of the burden of the proposed category as required under Section 111 collection of information, including the Petroleum—Refineries NSPS Subpart validity of the methodology and assumptions GGG, OMB Number 2060–0067, expires of the Clean Air Act. used; August 31, 1996. The control of emissions of VOC from (iii) Enhance the quality, utility, and clarity Abstract: Owners or operators of the process units requires not only the of the information to be collected; and affected facilities described must make installation of properly designed (iv) Minimize the burden of the collection the following one-time-only reports: equipment, but also the proper of information on those who are to respond, operation and maintenance of that including through the use of appropriate notifications of the anticipated and actual date of startup, notification of the equipment so that emissions can be automated electronic, mechanical, or other minimized. VOC emissions from technological collection techniques or other date of construction or reconstruction, forms of information technology, e.g., notification of any physical or process units are the result of permitting electronic submission of operational change to an existing facility equipment leaks. These standards rely responses. which may increase the emission rate of on the maintenance of the equipment Burden Statement: The individual any regulated air pollutant, notification and adequate monitoring. To ensure compliance with these burdens for each of the record keeping of the date of the initial performance standards, adequate recordkeeping and and reporting requirements applicable test, and results of the performance reporting is necessary. In the absence of to the industry are consistent with the tests. such information collection concept of burden under the Paperwork Owners or operators are also required requirements, enforcement personnel Reduction Act. The only type of to maintain records of the occurrence would be unable to determine whether industry costs associated with the and duration of any startup, shutdown, the standards are being met on a information collection activity in the or malfunction in the operation of an continuous basis, as required by the standards are labor costs. The labor affected facility. These notifications, Clean Air Act and in accordance with estimates in the table were derived from reports and records are required in any applicable permit. standard estimates based on EPA’s general, of all sources subject to NSPS. An Agency may not conduct or experience with other standards. The Semiannual reports are required to sponsor, and a person is not required to average annual burden to industry over measure compliance with the standards respond to, a collection of information the next three years from these record of NSPS Subpart VV. Monthly unless it displays a currently valid OMB keeping and reporting requirements is monitoring of equipment in VOC service control number. The OMB control estimated at 2,729 person-hours for 21 shall take place as specified in Subpart numbers for EPA’s regulations are listed existing facilities. It is estimated that VV Section 60.485(b). If no leaks are in 40 CFR Part 9. each year 2 new sources will replace detected for two successive months, The EPA would like to solicit existing sources with no net increase in monitoring may be performed once per comments to: facilities required to report. The quarter. If a leak is detected, the respondent costs have been calculated equipment shall be monitored monthly (i) Evaluate whether the proposed on the basis of $14.50 per hour plus 110 until a leak is not detected for two collection of information is necessary for the proper performance of the functions of the percent overhead. The average annual successive months. Also, leak location agency, including whether the information burden to industry over the next three shall be recorded in a log, and this will have practical utility; years of the ICR is estimated to be information shall be kept available for at (ii) Evaluate the accuracy of the agency’s $83,098. This estimate includes the time least two years. Leaks shall be repaired estimate of the burden of the proposed needed to review instructions; develop, within 15 days and the date of collection of information, including the 13182 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices validity of the methodology and assumptions to respond to a collection of operation of the air pollution control used; information; search data sources; device, or any periods during which the (iii) Enhance the quality, utility, and clarity complete and review the collection of monitoring system is inoperative. These of the information to be collected; and information; and transmit or otherwise notifications, reports and records are (iv) Minimize the burden of the collection disclose the information. of information on those who are to respond, required in general, of all sources including through the use of appropriate NSPS Subpart HHH: Synthetic Fiber subject to NSPS. NSPS subpart HHH automated electronic, mechanical, or other Production also requires semiannual reports of technological collection techniques or other VOCs used, and reports of excess fiber forms of information technology, e.g., Affected entities: Entities potentially production. permitting electronic submission of affected by this action are those which An Agency may not conduct or responses. are subject to New Source Performance sponsor, and a person is not required to Standards (NSPS) Subpart HHH, Burden Statement: The Agency respond to, a collection of information Standards of Performance for Synthetic computed the burden for each of the unless it displays a currently valid OMB Fiber Production. These standards apply recordkeeping and reporting control number. The OMB control to solvent spun synthetic fiber process requirements applicable to the industry numbers for EPA’s regulations are listed that produces more than 500 megagrams for the currently approved 1993 in 40 CFR Part 9. of fiber per year and commenced Information Collection Request (ICR). The EPA would like to solicit construction or reconstruction after Where appropriate, the Agency comments to: November 23, 1982. These standards do identified specific tasks and made (i) Evaluate whether the proposed not apply to any facility that uses the assumptions, while being consistent collection of information is necessary for the reaction spinning process to produce with the concept of burden under the proper performance of the functions of the spandex fiber or the viscose process to Paper Reduction Act. agency, including whether the information produce rayon fiber. This standard does will have practical utility; The estimate was based on the not apply to modified sources. (ii) Evaluate the accuracy of the agency’s assumption that there would be three Title: NSPS Subpart HHH, Standards estimate of the burden of the proposed new affected facilities each year and of Performance for Synthetic Fiber collection of information, including the that there was an average of 25 sources Production. OMB Control Number: validity of the methodology and assumptions in existence at the start of the three 2060–0059, EPA #1156. used; years covered by the ICR. For the new (iii) Enhance the quality, utility, and clarity Expiration date: October 31, 1996. of the information to be collected; and sources, it was estimated that it would Abstract: This ICR contains take: three person-hours to read the (iv) Minimize the burden of the collection recordkeeping and reporting of information on those who are to respond, instructions (one hour per respondent), requirements that are mandatory for including through the use of appropriate 24 person-hours to gather the compliance with Subpart HHH, New automated electronic, mechanical, or other information to write the initial reports Source Performance Standards for technological collection techniques or other (8 hours per respondent) and 86 person- Synthetic Fiber Production. In the forms of information technology, e.g., hours (18 hours per respondent) to Administrator’s judgment, VOCs from permitting electronic submission of conduct the initial performance tests synthetic fiber production plants cause responses. (assuming that 60% of the tests must be or contribute to air pollution that may Burden Statement: At the writing of repeated). For all sources, it was reasonably be anticipated to endanger the previous ICR there were 25 sources estimated that it would take: 480 public health or welfare. Therefore, New currently subject to the standards. It is person-hours (16 hours per respondent) Source Performance Standards have estimated that 1 additional source per to fill out the excess emission reports, been promulgated for this source year will become subject to the and 3,285 person-hours (109.5 hours per category as required under Section 111 standard. The current ICR estimates respondent) to enter information for of the Clean Air Act. average annual burden to the industry to records of operating parameters The control of emissions of VOCs be 2325 person hours. The respondent (assuming a source operates 365 days requires not only the installation of costs have been calculated on the basis per year and that it takes 0.3 hours per properly designed equipment, but also of $14.50 per hour plus 110 percent occurrence). the proper operation and maintenance overhead rate. The current ICR also The annual average annual burden to of that equipment. These standards rely estimates the average annual burden to industry over the past three year period on the capture of pollutants vented to a the industry is $70,796. from recordkeeping and reporting control device. The following is a breakdown of requirements had been estimated at Owners or operators of synthetic fiber burden used in the ICR. Burden is 3,878 person-hours. The respondents production plants subject to NSPS calculated as two hours for respondents costs was calculated on the basis of Subpart HHH are required to make to write the reports for: notification of $14.50 per hour plus 110 percent initial notifications for construction, construction or reconstruction, overhead. The average annual burden to startup, and performance testing. They notification of physical or operational industry over the past three years was must also report the results of a changes, notification of anticipated estimated to be $118,085. performance test, and demonstration of startup, notification of actual startup, This estimate includes the time a continuous monitoring system if notification of initial performance test, needed to review instructions; develop, applicable. After the initial notification of demonstration of COM. acquire, and utilize technology and recordkeeping and reporting Initial performance tests are allocated 72 systems for the purposes of collecting, requirements, excess emission reports burden hours. It is assumed that 20% of validating, and verifying information, are required quarterly. Semiannual all affected facilities will have to repeat processing and maintaining reports are filed if no excess emissions. performance tests. These are all one information, and disclosing and Owners or operators are also required time only burdens. providing information; adjust the to maintain records of the occurrence The recordkeeping burden is existing ways to comply with any and duration of any startup, shutdown, estimated to be 15 minutes to enter previously applicable instructions and or malfunction in the operation of an records of operating parameters. It is requirements; train personnel to be able affected facility, or malfunction in the assumed that the plant will operate 250 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13183 days a year, therefore, this information In the Administrator’s judgment, VOC authority may then inspect the source to will be recorded 250 times a year. emissions from SOCMI air oxidation check if the pollution control devices Sources which have excess emission are unit processes and distillation are properly installed and operated and required to submit excess emission operations cause or contribute to air the standard is being met. Performance reports. These reports are estimated to pollution that may reasonably be test reports are needed as these are the take 8 hours. It is assumed that each anticipated to endanger public health or Agency’s records of a source’s initial facility will submit one quarterly report welfare. Therefore, NSPS were capability to comply with the emission every other year in addition to the promulgated for this source category. standard, and note the operating semiannual reports. There is no Owners or operators of the affected conditions under which compliance additional third party burden relevant to facilities described must make the was achieved. The semiannual reports this ICR. following one-time-only reports: are used for problem identification, as a These estimates include the time notification of the date of construction check on source operation and needed to review instructions; develop, or reconstruction; notification of the maintenance, and for compliance acquire, install, and utilize technology anticipated and actual dates of startup; determinations. and systems for the purposes of notification of any physical or An Agency may not conduct or collecting, validating, and verifying operational change to an existing facility sponsor, and a person is not required to information, processing and which may increase the regulated respond to, a collection of information maintaining information, and disclosing pollutant emission rate; notification of unless it displays a currently valid OMB and providing information; adjust the the date of the initial performance test; control number listed in 40 CFR Part 9. existing ways to comply with any and the results of the initial The EPA would like to solicit previously applicable instructions and performance test. Owners or operators comments to: requirements; train personnel to be able are also required to maintain records of to respond to a collection of the occurrence and duration of any (i) Evaluate whether the proposed information; search data sources; startup, shutdown, or malfunction in collection of information is necessary for the complete and review the collection of the operation of an affected facility, or proper performance of the functions of the agency, including whether the information information; and transmit or otherwise any period during which the monitoring will have practical utility; disclose the information. system is inoperative. These (ii) Evaluate the accuracy of the agency’s notifications, reports and records are NSPS Subpart III and NNN; Synthetic estimate of the burden of the proposed required, in general, of all sources Organic Chemical Manufacturing collection of information, including the subject to NSPS. validity of the methodology and assumptions Industry (SOCMI) Air Oxidation Unit In addition, owners/operators of used; Processes, and Distillation Operations affected facilities are required to record (iii) Enhance the quality, utility, and clarity Affected entities: Entities potentially periods of operation during which the of the information to be collected; and affected by this action are those which performance boundaries are exceeded, (iv) Minimize the burden of the collection are subject to the Standards of results of flare pilot flame monitoring, of information on those who are to respond, Performance of Volatile Organic all periods of operation of a boiler or including through the use of appropriate Compound (VOC) emissions from the automated electronic, mechanical, or other process heater, and to continuously technological collection techniques or other Synthetic Organic Chemical record the indication of vent stream forms of information technology, e.g., Manufacturing Industry (SOCMI) Air flow to the control device. Records of permitting electronic submission of Oxidation Unit Processes, Subpart III startups, shutdowns, and malfunctions responses. and Distillation Operations, Subpart should be noted as they occur. Any NNN with the exceptions listed in 40 owner or operator subject to the Burden Statement: The Agency CFR 60.660(c). provisions of this part shall maintain a computed the burden for each of the Title: NSPS for SOCMI Air Oxidation file of all of these records, and retain the recordkeeping and reporting Unit Processes and Distillation file for at least two years following the requirements applicable to the industry Operations, Subpart III and NNN, OMB date of such measurements and records. for the currently approved ICR. Where number 2060–0197, expires August 31, The reporting requirements for this appropriate, the Agency identified 1996. industry currently include the initial specific tasks and made assumptions, Abstract: This ICR contains notifications listed, the initial while being consistent with the concept recordkeeping and reporting performance test results, and of burden under the Paperwork requirements that are mandatory for semiannual reports. Semiannual reports Reduction Act. compliance with 40 CFR Part 60.610, shall include the following: all The burden estimates for NSPS Subpart III, Standards of Performance exceedances of parameter boundaries; Subpart III: for VOC Emissions from SOCMI Air all periods during which the vent The estimate was based on the Oxidation Unit Processes and 40 CFR stream is diverted from the control assumption that there would be 10 new Part 60.660, Subpart NNN, Standards of device or has no flowrate; all periods affected facilities each year and that Performance for VOC from SOCMI when the boiler or process heater was there would be an annual average of 75 Distillation Operations. This not operated; all periods in which the affected facilities over each of the next information is used by the Agency to pilot flame of the flare was absent; and three years covered by the ICR. For new identify sources subject to the standards any recalculation of the TRE index sources, it was estimated that it would and to insure that the best demonstrated value. take: 10 person hours to read the technology is being properly applied. All reports are sent to the delegated instructions, 600 person hours to The standards require periodic State or local authority. In the event that conduct the initial performance tests recordkeeping to document process there is no such delegated authority, the (assuming that 20% of the tests must be information relating to the sources’ reports are sent directly to the EPA repeated), and 70 person hours to gather ability to meet the requirements of the Regional Office. Notifications are used the information and write the initial standard and to note the operation to inform the Agency or delegated reports. For all sources, it was estimated conditions under which compliance authority when a source becomes that it would take: 450 person hours to was achieved. subject to the standard. The reviewing fill out semiannual reports and 6,305 13184 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices person hours to enter information for construction is commenced after (specified in 40 CFR 60.7). The records of operating parameters. January 20, 1984. More specifically for notifications and reports enable EPA or The annual average burden to Volatile Organic Compounds (VOC) the delegated State regulatory authority industry for the three-year period emissions affected facilities include to determine that best demonstration covered by this ICR from recordkeeping compressors in VOC service or inlet gas technology is installed and properly and reporting requirements has been service, and process units. For sulfur operated and maintained and to estimated at 7,435 person hours. The dioxide (SO2), the affected facilities schedule inspections. respondents cost were calculated on the include each sweetening unit. To ensure compliance with these basis of $21.00 per hour plus 110% Title: New Source Performance standards, the required records and overhead. The total annual burden to Standards (NSPS) for Onshore Natural reports are necessary to enable the industry is estimated at $327,884. Gas Processing Plants/ Equipment Leaks Administrator: (1) To identify new, The burden estimates for NSPS of VOC (Subpart KKK) and Emissions of modified, or reconstructed sources Subpart NNN: SO2 (Subpart LLL)—Reporting and subject to the standard; (2) to ensure The estimate was based on the Recordkeeping (EPA ICR No. 1086.03; that the emission limits are being assumption that there would be 236 OMB No, 2060–0120). This is a request achieved; and (3) to ensure that new affected facilities each year and for extension of a currently approved emission reduction systems are being that there would be an annual average information collection. operated and maintained properly. In of 1770 affected facilities over each of Abstract: Owners or operators of the absence of such information the next three years covered by the ICR. onshore natural gas processing units collection requirements, enforcement For new sources, it was estimated that must provide EPA, or the delegated personnel would be unable to determine it would take: 236 person hours to read State regulatory authority with the whether standards are being met on a the instructions, 16,992 person hours to following one-time-only reports continuous basis, as required by the conduct the initial performance tests (specified in 40 CFR 60.7): Notifications Clean Air Act and in accordance with (assuming that 20% of the tests must be of the anticipated and actual date of any applicable permit. repeated), and 1,625 person hours to start up, notification of the date of An Agency may not conduct or gather the information and write the construction or reconstruction, sponsor, and a person is not required to initial reports. For all sources, it was notification of any physical or respond to, a collection of information estimated that it would take: 10,620 operational changes to an existing unless it displays a currently valid OMB person hours to fill out semiannual facility which may increase the control number. The OMB control reports and 148,798 person hours to emission rate of any regulated air numbers for EPA’s regulations are listed enter information for records of pollutant. For large facilities subject to in 40 CFR Part 9. operating parameters. Subpart LLL facilities must provide The EPA would like to solicit The annual average burden to notification of the date upon which comments to: industry for the three-year period demonstration of the continuous covered by this ICR from recordkeeping (i) Evaluate whether the proposed monitoring system performance collection of information is necessary for the and reporting requirements has been commences, notification of the date of proper performance of the functions of the estimated at 178,271 person hours. The the initial performance test, and results agency, including whether the information respondents cost were calculated on the of the performance test. will have practical utility; basis of $21.00 per hour plus 110% Owners and operators are also (ii) Evaluate the accuracy of the agency’s overhead. The total annual burden to required to maintain records of the estimate of the burden of the proposed industry is estimated at $7,861,751. occurrence and duration of any start up, collection of information, including the Burden means the total time, effort, or shutdown, or malfunction in the validity of the methodology and assumptions financial resources expended by persons operation of an effected facility, or used; to generate, maintain, retain, or disclose malfunction in the operation of the air (iii) Enhance the quality, utility, and clarity of the information to be collected; and or provide information to or for a pollution control device, or any periods (iv) Minimize the burden of the collection Federal agency. This includes the time during which the monitoring system is of information on those who are to respond, needed to review instructions; develop, inoperative. These notifications, reports, including through the use of appropriate acquire, install, and utilize technology and records are required in general of all automated electronic, mechanical, or other and systems for the purposes of sources subject to NSPS. technological collection techniques or other collecting, validating, and verifying Facilities subject to Subpart KKK forms of information technology, e.g., information, processing and shall provide information on leaks from permitting electronic submission of maintaining information, and disclosing pressure relief devices, the date the leak responses. and providing information; adjust the was detected, repair method used and Burden Statement: The Agency existing ways to comply with any other pertinent details. Facilities subject computed the burden for each of the previously applicable instructions and to Subpart LLL must provide recordkeeping and reporting requirements; train personnel to be able information on excess emissions of SO2. requirements applicable to the industry to respond to a collection of In addition to reporting and for the currently approved 1993 information; search data sources; recordkeeping requirements, large Information Collection Request (ICR). complete and review the collection of facilities subject to Subpart LLL must Where applicable, the Agency identified information; and transmit or otherwise install, calibrate, maintain, and operate specific tasks and made assumptions, disclose the information. No additional a continuous monitoring system (CMS) while being consistent with the concept third party burden is associated with to monitor SO2 and must notify EPA or of burden under the Paper Reduction this ICR. the State regulatory authority of the date Act. upon which demonstration of the CMS The estimate was based on the NSPS subparts KKK/LLL: Onshore performance commences. Owners or assumption that there would be 32 new Natural Gas Processing operators must submit semiannual effected facilities subject to Subpart Affected entities: Entities potentially reports indicating whether compliance KKK and Subpart LLL per year. affected by this action are those onshore was achieved, and their assessment of Approximately 236 sources are natural gas processing plants for which monitoring system performance currently subject to these standards. The Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13185 annual burden of reporting and NESHAP Subpart E; Mercury safeguarded according to the Agency recordkeeping requirements for facilities Affected entities: Entities potentially policies set forth in Title 40, Chapter 1, subject to Subpart KKK and Subpart affected by this action are those Part 2, Subpart B—Confidentiality of LLL are summarized by the following stationary sources which process Business Information. An Agency may information. The reporting requirements mercury ore to recover mercury, use not conduct or sponsor, and a person is for Subpart KKK are as follows: Read mercury chlor-alkali cells to produce not required to respond to, a collection instructions (1 person-hour), chlorine gas and alkali metal hydroxide, of information unless it displays a Notification of construction (2 person- and incinerate or dry wastewater currently valid OMB control number. hours), Notification of reconstruction (2 treatment plant sludge. The OMB control numbers for EPA’s person-hours), Notification of physical Title: National Emission Standard for regulations are listed in 40 CFR Part 9. or operational changes (8 person-hours), Mercury (Part 61, Subpart E), Reporting The EPA would like to solicit Notification of anticipated start-up (2 and Recordkeeping comments to: person-hours), Semi-annual reports (70 OMB Control No: 2060–0097. (i) Evaluate whether the proposed person-hours) (For each plant one report Expiration Date: 08/31/96. collection of information is necessary for the is required for all compressors and one Abstract: The inhalation of metallic proper performance of the functions of the each for the three process units that mercury vapors is believed to cause agency, including whether the information each plant is assumed to have), central nervous system injury and will have practical utility; Recalibrate monitors (4 person-hours), kidney damage in humans. (ii) Evaluate the accuracy of the agency’s Method 21 performance evaluation (2 Consequently, a national emission estimate of the burden of the proposed person-hours). The reporting collection of information, including the standard was developed for mercury ore validity of the methodology and assumptions requirements for Subpart LLL are as processing facilities, mercury chlor- follows: Read Instructions (1 person- used; alkali plants, and sludge incineration (iii) Enhance the quality, utility, and clarity hour), Initial performance test (734 and drying plants. This standard was of the information to be collected; and person-hours), Demonstration of CMS designed to ensure that emissions from (iv) Minimize the burden of the collection (350 person-hours), Repeat of these facilities do not cause ambient of information on those who are to respond, performance test (734 person-hours), concentrations of mercury to exceed the including through the use of appropriate Write report (notification) (10 person- inhalation effects limit of 1 microgram automated electronic, mechanical, or other hours), Write report (excess emissions) per cubic meter. In order to ensure technological collection techniques or other forms of information technology, e.g., (16 person-hours). The recordkeeping compliance with the standards, requirements for Subpart KKK are as permitting electronic submission of adequate recordkeeping and reporting is responses. follows: Filing and maintaining records necessary. This information enables the (240 person-hours). The recordkeeping Agency to: (1) Identify the sources Burden Statement: The average requirements for Subpart LLL are as subject to the standard; (2) ensure initial annual burden to industry over the next follows: Determining SO2 reduction compliance with emission limits; and three years from these recordkeeping efficiency (2 person-hours) (These (3) verify continuous compliance with and reporting requirements is estimated facilities are not expected to undergo the standard. Specifically, the rule at 37,068 person-hours. This is based on frequent startup or shutdown), Develop requires an application for approval of an estimated 298 respondents. The record system (20 person-hours), construction, notification of startup, and average annual burden for reporting Gathering information for records of a notification and report of the initial only is projected to be 3,864 hours, with startup, shut-down, malfunction, etc. emissions test. In addition, estimates of an average of 1.25 reports submitted per (0.5 person-hours) (Plants with design new emission levels must be reported affected facility, and a burden of 10.5 operating capacities less than 2 LT/D are whenever a change of operation is made hours per response. Sludge incineration required to determine, record and that would potentially increase and drying plants are required to submit maintain a file of their designed emissions. Sludge incineration and a report of their annual emission tests, operating capacity), Gathering drying plants must also perform, while mercury-cell chlor-alkali plants information for records of all maintain records of, and report annual must submit semi-annual reports and measurements and information required emissions tests. Mercury-cell chlor- notifications of any exceedences of by standard (1.5 person-hours), alkali plants must conduct a monitored parameters. All facilities Gathering information for records of performance test on the hydrogen and must keep hourly records of operating capacity data (2 person-hours). Records end-box ventilation streams and parameters, and mercury-cell chlor- must be kept for a period of two years simultaneously monitor certain control alkali plants must also record any from data collection. device and/or process parameters. mercury leaks or spills on a daily basis. This estimate includes the time In the absence of such information This estimate includes the time needed to review instructions; develop, collection requirements, enforcement needed to review instructions; develop, acquire, install, and utilize technology personnel would be unable to determine acquire, install, and utilize technology and systems for the purposes of whether the standards are being met on and systems for the purposes of collecting, validating, and verifying a continuous basis, as required by the collecting, validating, and verifying information, processing and Clean Air Act. Consequently, these information, processing and maintaining information, and disclosing information collection requirements are maintaining information, and disclosing and providing information; adjust the mandatory, and the records required by and providing information; adjust the existing ways to comply with any this NESHAP must be retained by the existing ways to comply with any previously applicable instructions and owner or operator for two years. In previously applicable instructions and requirements; train personnel to be able general, the required information requirements; train personnel to be able to respond to a collection of consists of emissions data and other to respond to a collection of information; search data sources; information deemed not to be private. information; search data sources; complete and review the collection of However, any information submitted to complete and review the collection of information; and transmit or otherwise the agency for which a claim of information; and transmit or otherwise disclose the information. confidentiality is made will be disclose the information. 13186 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

NESHAP Subpart M; Asbestos used. The reviewing authority may then spraying operation. The notice provides Affected entities: The standard inspect the source to ensure compliance information on the name and address of regulates the demolition and renovation with the standard. Demolitions and the owner or operator, location of the of facilities; the disposal of asbestos renovations tend to be short projects, spraying operation, and procedure to be waste; asbestos milling, manufacturing, and it is difficult at best to determine followed. and fabricating; the use of asbestos on compliance with the standard once the In the Administrator’s judgement, roadways; asbestos waste conversion project has been completed. Therefore, asbestos emissions from the demolition facilities; and the use of asbestos it is important that the delegated or renovation of asbestos-containing insulation and sprayed-on materials. authority be renotified as necessary structures; the disposal of asbestos Title: NESHAP Subpart M—National when information in the original waste; asbestos milling, manufacturing, Emission Standard for Asbestos, OMB notification changes. Additionally, and fabricating; the use of asbestos on No. 2060–0101, expires August 31, without renotification, the Agency or roadways; the use of asbestos insulation 1996. delegated authority may needlessly and spray materials; and the conversion Abstract: Owners or operators of the inspect a demolition or renovation site of asbestos-containing waste material affected milling, manufacturing where the project has been delayed. The into nonasbestos material cause or fabricating, waste disposal, and waste demolition and renovation standard contribute to air pollution that may conversion facilities described must requires that a representative (such as a reasonably be anticipated to endanger make the following one-time-only foreman or management-level person) public health or welfare. Therefore, a reports: notification of the date of trained in the provisions of the standard NESHAP was promulgated under construction or reconstruction; be present at the facility. Evidence that Section 112 of the Clean Air Act for this notification of the anticipated and the required training has been source category. The control of actual dates of startup; notification of completed is required in order to ensure emissions of asbestos from the regulated any physical or operational change to an compliance with the provision of the sources requires not only the existing facility which may increase the standard. The regulation requires installation of properly designed regulated pollutant emission rate. asbestos removal contractors that claim equipment, but also the operation and Owners or operators are also required to exemption from the wetting provisions maintenance of that equipment and maintain records of the occurrence and because of freezing temperatures to take following specified work practices. duration of any startup, shutdown, or temperature readings throughout the These standards rely on the capture and malfunction in the operation of an day and record the information. The reduction of asbestos emissions by air affected facility, or any period during provisions require that all containers of cleaning equipment and specified work which the monitoring system is asbestos waste be labeled including the practices. Effective enforcement of the inoperative. name of the waste generator and the standard is particularly necessary in Therefore, the recordkeeping location of where the waste was light of the hazardous nature of requirements for the facilities generated. Owners or operators of asbestos. In order to ensure compliance mentioned above consist of the demolitions and renovations are with the standards, adequate occurrence and duration of any startup required to prepare and maintain, for at recordkeeping is necessary. In the and malfunction as described. They least two years, records of waste absence of such information, include the initial performance test shipment as to its destination, the enforcement personnel would be unable results including information necessary quantity of waste, the date of shipment, to determine whether the standards are to determine the conditions of the and to furnish a copy of the record to being met on a continuous basis, as performance test, the performance test disposal site owners or operators. The required by the Clean Air Act. measurements and results, including regulation also requires that generators An Agency may not conduct or monitoring each potential source of of asbestos waste attempt to reconcile sponsor, and a person is not required to asbestos emissions for visible emissions instances in which a signed copy of the respond to, a collection of information to the outside air and inspecting air waste shipment record is not received unless it displays a currently valid OMB cleaning devices to ensure proper from the disposal site and that the control number. The OMB control operation. Records of startups, generator notify EPA if delivery to the numbers for EPA’s regulations are listed shutdowns, and malfunctions should be disposal site cannot be confirmed. in 40 CFR Part 9. noted as they occur. Any owner or Owners or operators of waste disposal The EPA would like to solicit operator subject to the provisions of this sites are required to document all comments to: subpart shall maintain a file of these asbestos waste shipments that are (i) Evaluate whether the proposed measurements for at least two years received and send a copy of each record collection of information is necessary for the following the date of such back to the generator. A record of the proper performance of the functions of the measurements, maintenance reports, location and quantity of asbestos in the agency, including whether the information will have practical utility; and records. The reporting requirements landfill is required as well as noting the (ii) Evaluate the accuracy of the agency’s for this industry currently include the presence and location of asbestos in the estimate of the burden of the proposed initial notifications listed, the initial landfill property deed. Disposal site collection of information, including the performance test results, and quarterly owners or operators have to report to validity of the methodology and assumptions reports of instances when visible EPA any discrepancies between the used; emissions are observed at any time amount of waste designated on the (iii) Enhance the quality, utility, and clarity during the quarter. waste shipment record and the amount of the information to be collected; and Owners or operators of demolitions actually received, as well as instances of (iv) Minimize the burden of the collection and renovations must notify EPA in improperly contained waste. Disposal of information on those who are to respond, including through the use of appropriate advance of the initiation of any asbestos sites are required to maintain records for automated electronic, mechanical, or other removal work. The notice provides at least two years. An owner or operator technological collection techniques or other information on the dates of operation, of an operation in which asbestos- forms of information technology, e.g., the nature of the removal operation, the containing materials are spray-applied permitting electronic submission of quantity of asbestos, and controls to be must notify EPA in advance of the responses. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13187

Burden Statement: The Agency information, processing and description of pollution control computed the burden for each of the maintaining information, and disclosing equipment. The technical information recordkeeping and reporting and providing information; adjust the should also include calculations of requirements applicable to the industry existing ways to comply with any emission estimates. for the currently approved 1993 previously applicable instructions and Any owner or operator of an affected Information Collection Request (ICR). requirements; train personnel to be able source with an initial start-up after the Where appropriate the Agency to respond to a collection of effective date of these standards must identified specific tasks and made information; search data sources; provide a notification of anticipated and assumptions, while being consistent complete and review the collection of actual start-up dates. Deadlines for these with the concept of burden under the information; and transmit or otherwise notifications are found at 40 CFR 61.09. Paper Reduction Act. disclose the information. Sources subject to these standards are The estimate was based on the required to demonstrate initial NESHAP Subpart N; Inorganic Arsenic assumption that there was an average of compliance through emission tests. In from Glass Manufacturing Plants 83,500 sources of demolitions or addition, a continuous monitoring renovations per year (completed by Affected entities: Entities potentially system for the measurement of the approximately 7,000 contractors), and affected by this action are those which opacity of emissions from any control that 3,447 sources for milling, are subject to National Emission device must be installed and operated. manufacturing, fabricating and waste Standards for Hazardous Air Pollutants Records of continuous emission disposal were subject to the standard. (NESHAP), Subpart N, Standard for monitoring (CEM) results and other data For demolitions and renovations, it was Inorganic Arsenic Emissions from Glass needed to determine emission estimated that it would take 7,000 Manufacturing Plants. concentrations shall be maintained at person-hours (one hour per respondent) Title: Subpart N, Standard for the source and made available for to read the instructions, 304,500 person- Inorganic Arsenic Emission from Glass inspection for a minimum of two years. hours (43.5 hours per respondent) to manufacturing Plants. OMB Control A written report of each period for write notifications (assuming that there Number: 2060–0043, Expiration date: which emission rates exceeded the are 120,240 renotifications at 0.25 July 31, 1996. emission limits is required person-hours per renotification) and Abstract: The National Emission semiannually. All reports are sent to the excepted waste shipment record reports, Standards for Hazardous Air Pollutants delegated State or local authority. In the 49,420 person-hours (7.1 hours per (NESHAP) for arsenic emissions from event that there is no such delegated respondent) to record information and glass manufacturing facilities were authority, the reports are sent directly to mark vehicles, and 81,951 person-hours proposed on July 20, 1983 and the EPA Regional office. Applications (11.7 hours per respondent assuming promulgated on August 4, 1986 and and source reports are sent directly to that one-third take refresher courses and amended to add an alternative test the EPA Regional office. Applications that two-thirds receive initial training) method on May 31, 1990. and source reports are used to inform Owners or operators of sources to train supervisors. For milling, the Agency or delegated authority when covered by these standards are subject manufacturing, and fabricating, it was a source becomes subject to the to the recordkeeping and reporting estimated that there was 430 standards, and the nature of that source. requirements of the standards as well as respondents, and that it would take 430 Notification of start-up informs the those standards prescribed in the person-hours (one hour per respondent) reviewing authority at what date the to read the instructions, 45,709 person- General Provisions of the NESHAP. Owners or operators of the affected source becomes subject to the standards. hours (106.3 hours per respondent)to The reviewing authority may then record the information and mark facilities described must make the following one-time-only reports: inspect the source to check if the vehicles, 1,333 person-hours (3.1 hours pollution control devices are properly per respondent) to write the reports and application for approval of construction or modification (new sources) or a installed and operated. develop the record system. For waste Reports, including calculations disposal, it was estimated that there source report (existing sources or new sources with initial start-up preceding estimating any subsequent emission were 3,017 respondents, and that it levels, are necessary to keep the Agency would take 3,017 person-hours (one effective date of standard); and notification of anticipated and actual informed about the source’s activities in hour per respondent) to read the terms of hazardous air pollutant instructions, 68,626 person-hours (22.75 dates of start-up. Calculations estimating new emission levels must be emissions. hours per respondent) to create and An Agency may not conduct or reported whenever a change of gather the information, and 10,788 sponsor, and a person is not required to operation is made that would person-hours (3.6 hours per respondent) respond to, a collection of information potentially increase emissions. A to write the reports. unless it displays a currently valid OMB The average annual burden to the detailed discussion of the requirements control number. The OMB control industry over the past three year period for each of the above reports and the numbers for EPA’s regulations are listed from recordkeeping and reporting recordkeeping follows. in 40 CFR Part 9. requirements had been estimated at Owners or operators of any new The EPA would like to solicit 572,774 person-hours. The respondents source to which the standard applies comments to: costs were calculated on the basis of must submit an application for approval $14.50 per hour plus 110 percent of construction. This application must (i) Evaluate whether the proposed overhead. The average annual burden to include the name and address of the collection of information is necessary for the industry over the past three years was applicant, the location or proposed proper performance of the functions of the location of the source, and technical agency, including whether the information estimated to be $17,440,968. will have practical utility; This estimate includes the time information describing the source. The (ii) Evaluate the accuracy of the agency’s needed to review instructions; develop, technical information should include estimate of the burden of the proposed acquire, install, and utilize technology the proposed nature, size, design, collection of information, including the and systems for the purposes of operating design capacity, and method validity of the methodology and assumptions collecting, validating, and verifying of operation of the source, including a used; 13188 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

(iii) Enhance the quality, utility, and clarity the Administrator of the owner or battery using a new recovery of the information to be collected; and operator’s intent to bypass the control technology; (2) restarting a cold-idle (iv) Minimize the burden of the collection device, but also allows the battery shutdown prior to November 15, of information on those who are to respond, Administrator to determine whether the 1990; (3) obtaining an exemption from including through the use of appropriate reasons for the bypass are adequate and control requirements for bypass/bleeder automated electronic, mechanical, or other technological collection techniques or other whether steps are being taken to stacks by committing to permanent forms of information technology, e.g., minimize emissions during the bypass closure of a battery or using an permitting electronic submission of period. It is estimated that 4 of the 47 equivalent alternative control system for responses. sources will apply for a bypass waiver the stacks; and (4) obtaining an Burden Statement: At the writing of once per year and it will take 6 hours alternative standard for coke oven doors the previous ICR there were to prepare the application. on a battery equipped with a shed. These estimates include the time approximately 47 sources. No additional Respondents also would submit initial needed to review instructions; develop, and semiannual compliance sources are expected to become subject acquire, install, and utilize technology certifications, maintain specified to the standard in the next three years. and systems for the purposes of records, and provide copies of records The current ICR estimates average collecting, validating, and verifying and reports upon request to the annual burden to the industry to be information, processing and authorized union representative. 6,769 person hours. The respondent maintaining information, and disclosing Records and reports are necessary to costs have been calculated on the basis and providing information; adjust the enable the Administrator to identify of $14.50 per hour plus 110 percent existing ways to comply with any new, modified, or reconstructed sources overhead rate. The current ICR also previously applicable instructions and subject to the standards (and for estimates the average annual burden to requirements; train personnel to be able batteries on the deferral route, which the industry is $206,116. to respond to a collection of standards would apply) and to ensure The following is a breakdown of information; search data sources; that the emission limitations, work burden used in the ICR: Owners and complete and review the collection of practice requirements, and other operators of glass melting furnaces information; and transmit or otherwise provisions of the national emission seeking to comply with the emission disclose the information. standards are being implemented and limits in the standards (rather than the achieved. percent reduction requirements) are MACT NESHAP Subpart L: Coke Oven The information and data will be used required to calculate arsenic emissions Batteries by EPA and states to: (1) identify every 6 months for both the preceding Affected entities: Entities potentially batteries subject to the standards; (2) and forthcoming 12 month periods for affected by this action are those owners ensure that MACT and LAER are each arsenic containing glass type to be or operators of new and existing by- properly applied; and (3) ensure that produced during those periods. This product and non-recovery coke oven daily monitoring and work practice calculation takes into account changes batteries. requirements are implemented as in production rates, types of glass Title: National Emission Standards for required. Effective enforcement of the produced, and other factors that might Coke Oven Batteries, Part 63, Subpart L; standard is particularly necessary in affect the uncontrolled arsenic OMB No. 2060–0253; EPA No. 1362.03; light of the hazardous nature of coke emissions. It is estimated that 43 of the expiration date: October 30, 1996. oven emissions. 47 sources will calculate mass balance Abstract: The owners of new and Based on recorded and reported and calculate an emissions estimate. existing coke oven batteries are require information, EPA and states can identify The current ICR estimates that it will to daily monitored coke oven emissions compliance problems and what records take 8 hours to calculate mass balance values by a certified observer for each or processes should be inspected at the and 8 hours to estimate emissions. Both emission point and calculate the 30-run plant. The records the plants would calculations will take place twice per rolling average. All respondents shall maintain would help indicate whether year. The standards require that the prepare a startup, shutdown, and plants are in compliance with the rates and factors used in the calculation malfunction plan and a coke oven standard, reveal misunderstanding be recorded. It is estimated that it will emission control work practice plan. about how the standard is to be take 40 hours to record this information. The work practice procedures in the implemented, and indicate to EPA Should these calculations reveal that the plan (including associated whether plant personnel are operating standards were exceeded during the recordkeeping requirements) would be and maintaining their process preceding 12-month period, the owner triggered by exceedances of an equipment properly. or operator is required to report this fact applicable visible emission limitation Reporting and recordkeeping to the Administrator. It is estimated that for a regulated emission point. If a requirements on the part of the 2 of the 47 sources will have excess malfunction occurred, respondents must respondent are mandatory, required emissions once per year and that it will notify the enforcement agency and under Sections 112 and 114 of the Clean take 16 hours to prepare the report. This follow up with a written report. A report Air Act as amended. All information notification allows the Administrator to also would be required if coke oven gas submitted to the Agency for which a determine when a furnace has emitted were vented through a bypass/bleeder claim of confidentiality is made will be arsenic into the atmosphere in excess of stack and not flared as required under safeguarded according to the Agency the level prescribed by the standards the rule. policies set forth in Title 40, Chapter 1, and to see that remedial action is taken. All respondents would be required to Part 2, Subpart B—Confidentiality of In certain instances, such as periods submit one-time notifications to elect a Business Information (See 40 CFR 2; 41 during which maintenance of the compliance track and to certify initial FR 36902, September 1, 1976; amended control device is performed, the owner compliance. If applicable, respondents by 43 FR 39999, September 8, 1978; 43 or operator of a facility may apply to the also would submit one-time FR 42251, September 28, 1978; 44 FR Administrator for approval to bypass the notifications or requests for (1) 17674, March 23, 1979). control device for a limited period of constructing a new, brownfield, or An Agency may not conduct or time. This application not only informs padup rebuild by-product coke oven sponsor, and a person is not required to Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13189 respond to, a collection of information observer certification. It was assumed in facilities using perchlorethylene (PCE) unless it displays a currently valid OMB this analysis that of the 29 by-product as a solvent. control number. The OMB control plants only 10% would be required to Title: NESHAP Subpart M, Dry numbers for EPA’s regulations are listed implement the work practice Cleaning Facilities/Perchloroethylene in 40 CFR Part 9. procedures, specified in the work (PCE), OMB number 2060–0234, expires The EPA would like to solicit practice plan, which is require October 31, 1996. comments to: following the second independent Abstract: The information collected is (i) Evaluate whether the proposed exceedance of an applicable visible needed to determine which sources are collection of information is necessary for the emission limitation for an emission subject to the regulation and whether proper performance of the functions of the point. It was also assumed in the these sources are in compliance with agency, including whether the information analysis that 10% of the 29 plants the standards. EPA is required under will have practical utility; would experience a venting episode Section 112(d) of the Clean Air Act (Act) (ii) Evaluate the accuracy of the agency’s where emissions are released through to regulate emissions of 189 hazardous estimate of the burden of the proposed air pollutants (HAPs) listed in Section collection of information, including the bypass/bleeder stacks without flaring and, therefore, require to submit a 112(b) of the Act. One of these validity of the methodology and assumptions pollutants, PCE, is emitted from dry used; notification and written report to EPA. (iii) Enhance the quality, utility, and clarity Non-recovery plants are not required cleaning facilities. In the of the information to be collected; and to use a certified observer to monitor the Administrator’s judgment, PCE emitted (iv) Minimize the burden of the collection oven pressure to control emissions from from dry cleaning facilities causes, or of information on those who are to respond, coke oven doors. They are subject to contributes significantly, to air pollution including through the use of appropriate that may reasonably be anticipated to automated electronic, mechanical, or other work practices for charging operation for which they need to keep records. endanger pubic health. Consequently, technological collection techniques or other National Emission Standards for Other general assumptions made in forms of information technology, e.g., Hazardous Air Pollutants (NESHAP) for permitting electronic submission of the burden estimate analysis include: (1) responses. this source category have been one plant per year will submit a developed. Certain records and reports Burden Statement: The total annual notification for construction or are necessary to enable the hours were estimated to be 73,825 and reconstruction, use of new recovery Administrator to identify sources the recordkeeping and reporting burden technology, and startup of cold-idle subject to the standards and to ensure was estimated to average 2,461 hours batteries; (2) enforcement agency will that the standard, which is based on per respondent per year. The total receive six requests for an alternative maximum achievable control annual cost was estimated to average door standard; (3) two plants would technology (MACT) or generally $2,519, 102 based on 30 respondents (29 permanently close batteries and would available control technology (GACT), is by-product plants with a total of 82 be require to submit a notification; (4) being achieved. The Agency will use the batteries and 1 non-recovery plant). all plants will submit initial compliance information to identify sources subject Costs were based on the following certifications, semiannual compliance to the standards to ensure that MACT or hourly rates: technical at $35, certifications, and a notification as to GACT is being properly applied, management at $51, and clerical at $16. election of a compliance track; (5) all monitoring is being conducted on a This analysis was based on plants would install flares; (6) no weekly basis to ensure that the emission monitoring, reporting and requests for an alternative control control devices are being properly recordkeeping requirements that would system would be submitted to the operated and maintained on a be implement by all plants with existing enforcement agency; and (7) 2 of the 30 continuous basis to reduce vented PCE and new coke oven batteries. The existing plants may experience emissions, and leak detection and repair following activities were addressed in malfunction and, therefore are require to are being conducted on a weekly basis calculating the respondent burden: work submit a notification and a written to reduce fugitive PCE emissions. practice plan; startup, shutdown, report to the enforcement agency. The records and reports are necessary malfunction plan; monitoring by This burden considered the time to enable the EPA to identify facilities certified observer; certification program; needed to review instructions; develop, that may not be in compliance with the monitor of oven pressure; work acquire, install, and utilize technology standard. Based on reported practices procedures; notifications and and systems for the purposes of information, the EPA can decide which written reports required (see discussion collecting, validating, and verifying facilities should be inspected/receive that follows for assumptions); information, processing and compliance assistance, and what information gathering and recording; maintaining information, and disclosing records or processes should be and training. We made several and providing information; adjust the inspected at these facilities. The records assumptions for both by-product plants existing ways to comply with any that the facilities maintain would and non-recovery plants in calculating previously applicable instructions and indicate to the EPA whether they are the burden associated with this requirements; train personnel to be able operating and maintaining equipment regulation, as described below. to respond to a collection of properly to control vented emissions By-product plants are required to information; search data sources; and whether transfer emissions and have daily performance tests for each complete and review the collection of other fugitive emissions are being emission point on each battery information; and transmit or otherwise properly controlled. To minimize the conducted by a certified observer disclose the information. burden, much of the information the provided by the state. Therefore, Agency needs to determine compliance MACT Subpart M; PCE Dry Cleaning respondent will reimburse the State would be recorded and retained on site Facilities through permit fees for all costs at the facility. Such information would associated with daily inspections using Affected entities: Entities potentially be reviewed by enforcement/compliance the formula provided in the standard. affected by this action are those which assistance personnel during an Other indirect costs attributable to are subject to NESHAP Subpart M, inspection and would not need to be respondents would include the cost of owners or operators of dry cleaning routinely reported to the EPA. 13190 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

The recordkeeping and reporting collecting, validating, and verifying the reporting requirements is requirements under Subpart M are information, processing and $21,211.00. mandatory under 40 CFR 63.324. These maintaining information, and disclosing The recordkeeping requirements requirements are as follows: and providing information; adjust the include the following activities: reading 5-year retention of records (40 CFR existing ways to comply with any instructions, planning activities, 63.324(d)) previously applicable instructions and developing a record system, entering the Records of solvent purchase per month requirements; train personnel to be able information, and training personnel. (40 CFR 63.324(d)(1)) to respond to a collection of Records must be kept on solvent Records of calculation and result of information; search data sources; consumption, weekly inspections and yearly PCE consumption (40 CFR complete and review the collection of biweekly inspections, including leak 63.324(d)(2)) information; and transmit or otherwise detection efforts. Only new facilities Records of weekly or biweekly disclose the information. No additional will have to plan activities and develop inspections (40 CFR 63.324(d)(3)) third-party burden is associated with a record system. It is estimated that it Records of dates of repair or purchase this ICR. will take each new source 4 person orders (40 CFR 63.324(d)(4)) The individual burdens for each of hours the first year they are in operation Records of monitoring (40 CFR the recordkeeping and reporting to plan activities and develop a record 64.324(d) (5) and (6)) requirements applicable to the industry system. It is estimated that it will take Initial report requirements (all) (40 CFR are consistent with the concept of new and existing sources 866 person hours per year to complete the other 63.324.(a)) burden under the Paperwork Reduction recordkeeping requirements. It is Report on compliance (40 CFR Act. The annual burden estimates for estimated that, for each of the 2,571 new 63.324(b)) reporting and recordkeeping for an sources, there will be 1 occurrence of Report on facility status change to a average respondent are derived from planning activities their first year in major source (40 CFR 63.324(c)) estimates based on the EPA’s experience operation and 3 occurrences of Report on exceedance of low solvent with other standards, and from developing a record system that first consumption exemption level (40 discussions with industry year. For the 2,571 new sources and the CFR 63.324(c)) representatives. 22,519 existing sources, there will be a An Agency may not conduct or The previous ICR estimated the total annual burden to industry to be total of 78 occurrences per respondent sponsor, and a person is not required to per year of leak detection/repair. There $10,131,466. This was based on total respond to, a collection of information will be 90 total occurrences of entering annual burden of 1,282,577 person unless it displays a currently valid OMB information in records and 2 hours for all respondents. For an control number. The OMB control occurrences of training personnel per average dry cleaning facility, the total numbers for EPA’s regulations are listed respondent per year. The total cost to annual hours were 70 and the total cost in 40 CFR Part 9. new sources of complying with the was $563. Costs were determined based The EPA would like to solicit recordkeeping requirements is on management hours at $23.00/hr and comments to: $61,644.00. The total cost to all existing employee hours at $7.60/hour. In the sources to comply with the record (i) Evaluate whether the proposed current ICR, labor costs are assumed to collection of information is necessary for the keeping requirements is $19,501,454.00. be $21.00/hour × 110% overhead, or proper performance of the functions of the Therefore, the total annual cost of approximately $41.00/hour. Agency, including whether the information complying with the recordkeeping will have practical utility; In addition, this estimate was based requirements for all sources is (ii) Evaluate the accuracy of the Agency’s on the assumption that there will be $19,563,098.00. estimate of the burden of the proposed 2,571 new affected facilities each year, collection of information, including the but that the overall number of facilities Wood Preserving Containing Arsenic validity of the methodology and assumptions will remain constant as the new owners Affected entities: Entities potentially used; will take over old existing facilities. (iii) Enhance the quality, utility, and clarity affected by this action are those that of the information to be collected; and In estimating the burden associated treat wood with preservative (iv) Minimize the burden of the collection with reporting requirements, the formulations containing arsenic. The of information on those who are to respond, following activities were taken into Standard Industrial Code for the wood including through the use of appropriate account: reading the instructions, preserving industry is 2491. automated electronic, mechanical, or other gathering information and writing the Title: Wood Preservatives— technological collection techniques or other report. There are four types of possible Submission of Information Regarding forms of information technology, e.g., reports including: the initial report, Arsenic Exposure Levels in Wood permitting electronic submission of solvent consumption report, compliance Treatment Plants. responses. method report, and report in exceeding Abstract: This information collection Burden Statement: Since the dry the consumption cutoff. Only new provides wood treaters that use arsenic cleaning industry is considered to be sources will have to comply with the formulations a way of exempting comprised primarily of small reporting requirements. For new themselves from the FIFRA pesticide businesses, the EPA took special steps sources, it is estimated that it would label requirements, which dictate that to ensure that the burdens imposed on take an average total of 1 person hour all applicators of the product wear small businesses were reasonable. to read the instructions, 4 person hours NIOSH-approved respirators. This Burden means the total time, effort, or to gather information for reports. It is opportunity for facilities to exempt financial resources expended by persons estimated that it would take new themselves from the respirator to generate, maintain, retain, or disclose sources 4.25 person hours to write the requirements is called the Permissible or provide information to or for a required reports. It is estimated that Exposure Limit Monitoring Program Federal agency. This includes the time there would be 1 occurrence per (PEL) and it is incorporated in the final needed to review instructions; develop, respondent per year for each of the settlement of the ‘‘Notice of Intent To acquire, install, and utilize technology above listed reporting burdens. The total Cancel Registrations of Pesticide and systems for the purposes of cost for new sources of complying with Products Containing Creosote, Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13191

Pentachlorophenol (Including Its Salts) (iii) Enhance the quality, utility, and clarity Dated: March 5, 1996. and Inorganic Arsenic’’ which is of the information to be collected; and Elaine Stanley, published in the July 1984 Federal (iv) Minimize the burden of the collection Director, Office of Compliance. Register, Vol. 49, No. 136, p. 28674. of information on those who are to respond, [FR Doc. 96–7279 Filed 3–25–96; 8:45 am] including through the use of appropriate Facilities that choose to participate in BILLING CODE 6560±50±P the voluntary PEL can do the following automated electronic, mechanical, or other to exempt themselves from the technological collection techniques or other respirator requirements. First, the forms of information technology, e.g., permitting electronic submission of ENVIRONMENTAL PROTECTION facility needs to conduct air monitoring AGENCY for air-borne arsenic. Facilities that have responses. [FRL±5446±9] air-borne arsenic levels that are higher Burden Statement: This information than the permissible exposure limit collection assumes that of the estimated would have to continue to require plant Notice of Proposed Purchaser 300 wood preserving plants that use personnel to wear respirators. If a Agreement Pursuant to the facility’s air-borne arsenic levels are arsenic formulation, 200 of these Comprehensive Environmental below the permissible exposure limit participate in the PEL program. The Response, Compensation and Liability they are no longer required to wear majority of the participants, 150, have Act of 1980, as Amended by the respirators. Depending on how close the conducted monitoring in the past that Superfund Amendments and levels are to the permissible exposure has demonstrated that arsenic levels are Reauthorization Act well below the permissible exposure limit, the facility is required to retest AGENCY: Environmental Protection periodically or fill out a checklist, level. These facilities that are not Agency. required to test are required to simply which indicates if arsenic exposure ACTION: Notice; request for public levels are likely to increase due to fill out and submit the 6 question PEL comment. changes in the facility’s industrial checklist, which asks if the facility has process. changed their process and in doing so SUMMARY: In accordance with Section Participating facilities must submit may have increased the levels of air- 122 of the Comprehensive the air monitoring test results to EPA or borne arsenic. These 150 plants will Environmental Response, Compensation if arsenic levels are low and testing is spend .75 hours on each submittal at a and Liability Act of 1980, as amended not required then they can simply fill cost of $14.95 per hour in wages and by the Superfund Amendments and out the checklist and submit it to EPA. 110% in overhead for a total cost of Reauthorization Act of 1986 All submissions must certify that the $30.45 per hour. Thus each facility will (‘‘CERCLA’’), 42 U.S.C. 9622, notice is information provided is accurate. spend $22.84 for the annual submission. hereby given that a proposed purchaser EPA uses the certification and air Collectively, the 150 plants will spend agreement associated with property monitoring data to determine if the $3,426 on filling out and submitting the adjacent to the Foote Mineral Superfund wood preserving facility is complying checklist. Site, Exton, PA, was executed by the with the air-borne arsenic levels set by Agency on March 15, 1996 and is the cancellation order, which was set to EPA estimates that each of the subject to final approval by the United ensure that plant personnel are not approximately 50 plants that are States Department of Justice. The exposed to levels of arsenic that pose an required to monitor during a given year Purchaser Agreement would resolve unacceptably high health risk. This data will spend 17.5 hours on preparing and certain potential EPA claims under will also be used to monitor which conducting the tests. When calculating Section 107 of CERCLA, 42 U.S.C. 9607, wood preserving facilities are cost EPA assumes an hourly wage of against Key West Connection participating in the PEL program and $14.95 with 110% added as overhead Corporation. (‘‘The purchasers’’). The thus could be exempt from the pesticide for a total hourly cost of $30.45. Thus, settlement would require Key West label requirement to wear a respirator. a single facility will spend Connection Corporation to pay $5,000 Because the information that is approximately $532 on each test. within five (5), days of the effective date submitted to EPA would not be Collectively, the 50 plants that conduct of the Agreement to the EPA Hazardous confidential business information the monitoring will spend $26,644 on Substances Superfund. submittals from the facilities will not be monitoring. The total cost for For thirty (30) days following the date handled as such. monitoring and submittal costs is of publication of this notice, the Agency An Agency may not conduct or $30,070. will receive written comments relating sponsor, and a person is not required to to the proposed settlement. The respond to, a collection of information This estimate includes the time Agency’s response to any comments unless it displays a currently valid OMB needed to review instructions; develop, received will be available for public control number. The OMB control acquire, install, and utilize technology inspection at the U.S. Environmental numbers for EPA’s regulations are listed and systems for the purposes of Protection Agency, Region III, 841 in 40 CFR Part 9. collecting, validating, and verifying Chestnut Building, Philadelphia, PA The EPA would like to solicit information, processing and 19107. comments to: maintaining information, and disclosing DATES: Comments must be submitted on (i) Evaluate whether the proposed and providing information; adjust the or before April 25, 1996. collection of information is necessary for the existing ways to comply with any AVAILABILITY: The proposed agreement proper performance of the functions of the previously applicable instructions and and additional background information agency, including whether the information requirements; train personnel to be able relating to the settlement are available will have practical utility; to respond to a collection of for public inspection at the U.S. (ii) Evaluate the accuracy of the agency’s information; search data sources; estimate of the burden of the proposed Environmental Protection Agency, collection of information, including the complete and review the collection of Region III, 841 Chestnut Building, validity of the methodology and assumptions information; and transmit or otherwise Philadelphia, PA 19107. A copy of the used; disclose the information. proposed agreement may be obtained 13192 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices from Suzanne Canning, U.S. Company pursuant to a consent order at (1) To determine whether Cen-Ten Environmental Protection Agency, 40 CFR 799.5000. They were received Productions, Inc. has the capability and Regional Docket Clerk (3RC00), 841 by EPA on March 6, 1996. The intent to expeditiously resume the Chestnut Building, Philadelphia, PA submission includes a final report broadcast operations of KJCO (FM), 19107. Comments should reference the entitled ‘‘n-Butyl Acetate, A Two-week consistent with the Commission’s Rules. ‘‘Foote Mineral Superfund Site; Key Inhalation Probe Study in the Rat.’’ This (2) To determine whether Cen-Ten West Connection Corporation’’ and chemical is used as a solvent for Productions, Inc. has violated Sections ‘‘EPA Docket No. III–96–07–DC’’, and coatings, as a process solvent, and for 73.1740 and/or 73.1750 of the should be forwarded to Suzanne miscellaneous solvent uses. Commission’s Rules. Canning at the above address. EPA has initiated its review and (3) To determine, in light of the FOR FURTHER INFORMATION CONTACT: evaluation process for this data evidence adduced pursuant to the Bonnie A. Pugh (3RC23), Assistant submission. At this time, the Agency is foregoing issues, whether Cen-Ten Regional Counsel, U.S. Environmental unable to provide any determination as Productions, Inc. is qualified to be and remain the licensee of Station KJCO Protection Agency, 841 Chestnut to the completeness of the submission. (FM). Building, Philadelphia, PA 19107, II. Public Record A copy of the complete Show Cause Phone: (215) 597–8448. EPA has established a public record Order and HDO in this proceeding is Dated: March 15, 1996. for this TSCA section 4(d) receipt of available for inspection and copying Stanley L. Laskowski, data notice (docket number OPPTS– during normal business hours in the Acting Regional Administrator, U.S. 44623). This record includes copies of FCC Dockets Branch (Room 239), 1919 Environmental Protection Agency, Region III. all studies reported in this notice. The M Street, N.W., Washington, D.C. The [FR Doc. 96–7278 Filed 3–25–96; 8:45 am] record is available for inspection from complete text may also be purchased BILLING CODE 6560±50±P 12 noon to 4 p.m., Monday through from the Commission’s duplicating Friday, except legal holidays, in the contractor, International Transcription Service, 2100 M Street, N.W., Suite 140, [OPPTS±44623; FRL±5358±3] TSCA Public Docket Office, Rm. B–607 Northeast Mall, 401 M St., SW., Washington, D.C. 20037 (telephone 202–857–3800). TSCA Chemical Testing; Receipt of Washington, DC 20460. Test Data Authority: 15 U.S.C. 2603. Federal Communications Commission Linda Blair, AGENCY: Environmental Protection List of Subjects Acting Chief, Agency (EPA). Audio Services Division, Mass Media Bureau. ACTION: Notice. Environmental protection, Test data. [FR Doc. 96–7224 Filed 3–25–96; 8:45 am] Dated: March 19, 1996. SUMMARY: This notice announces the BILLING CODE 6712±01±P receipt of test data on n-butyl acetate Charles M. Auer, (CAS No. 123–86–4), submitted Director, Chemical Control Division, Office pursuant to a testing consent order of Pollution Prevention and Toxics. Licensee Order To Show Cause under the Toxic Substances Control Act [FR Doc. 96–7274 Filed 3–25–96; 8:45 am] The Acting Chief, Audio Services (TSCA). Publication of this notice is in BILLING CODE 6560±50±F Division, Mass Media Bureau, has compliance with section 4(d) of TSCA. before her the following matter: FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, MM Environmental Assistance Division FEDERAL COMMUNICATIONS Licensee City/State Docket (7408), Office of Pollution Prevention COMMISSION No. and Toxics, Environmental Protection Licensee Order To Show Cause Oakhill-Jackson Cedar Rapids, 96±47. Agency, Rm. E–543B, 401 M St., SW., Economic De- Iowa. Washington, DC 20460, (202) 554–1404, The Acting Chief, Audio Services velopment TDD (202) 554–0551; e-mail:TSCA- Division, Mass Media Bureau, has Corp.. [email protected]. before her the following matter: SUPPLEMENTARY INFORMATION: Under 40 (regarding the silent status of CFR 790.60, all TSCA section 4 consent MM noncommercial, educational station orders must contain a statement that the Licensee City/State docket KOJC (FM)) results of testing conducted pursuant to No. Pursuant to Section 312(a)(3) and (4) testing consent orders will be Cen-Ten Productions, Yuma, 96±49 of the Communications Act of 1934, as announced to the public in accordance Inc.. Colo- amended, Oakhill-Jackson Economic with section 4(d). rado.. Development Corp. has been directed to (Regarding the silent show cause why the license for Station I. Test Data Submissions status of Station KOJC (FM) should not be revoked, at a Test data for n-butyl acetate were KJCO (FM)) proceeding in which the above matter submitted by the Chemical has been designated for hearing Manufacturers Association Oxo Process Pursuant to Section 312(a)(3)( and (4) concerning the following issues: Panel on behalf of the following of the Communications Act of 1934, as (1) To determine whether Oakhill- sponsors: Aristech Chemical amended, Cen-Ten Productions, Inc. has Jackson Economic Development Corp. Corporation, BASF Corporation, BP been directed to show cause why the has the capability and intent to Chemicals, Inc., Eastman Chemical license for Station KJCO (FM) should expeditiously resume the broadcast Company, Hoechst Celanese Chemical not be revoked, at a proceeding in operations of KOJC (FM), consistent Group, Inc., Rhone-Poulenc, Inc., Shell which the above matter has been with the Commission’s Rules. Oil Company, Union Carbide designated for hearing concerning the (2) To determine whether Oakhill- Corporation, and Vista Chemical following issues: Jackson Economic Development Corp. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13193 has violated Sections 73.561 and/or Community College is qualified to be generated and retained as part of the 73.1750 of the Commission’s Rules. and remain the licensee of Station KICC communities permit issuance and (3) To determine, in light of the (FM). building inspection processes. The evidence adduced pursuant to the A copy of the complete Show Cause Elevation Certificate is one convenient foregoing issues, whether Oakhill- Order and HDO in this proceeding is way for a community to comply with Jackson Economic Development Corp. is available for inspection and copying this requirement. The Floodproofing qualified to be and remain the licensee during normal business hours in the Certificate may similarly be used to of Station KOJC (FM). FCC Dockets Branch (Room 239), 1919 establish the required record in those A copy of the complete Show Cause M Street, N.W., Washington, D.C. The instances when floodproofing for non- Order and HDO in this proceeding is complete text may also be purchased residential structures is a permitted available for inspection and copying from the Commission’s duplicating practice. during normal business hours in the contractor, International Transcription Collection of Information FCC Dockets Branch (Room 239), 1919 Service, 2100 M Street, N.W., Suite 140, M Street NW., Washington, D.C. The Washington, D.C. 20037 (telephone Title. Post Construction Elevation complete text may also be purchased 202–857–3800). Certificate/Floodproofing Certificate. from the Commission’s duplicating Type of Review. Extension. Federal Communications Commission. Form Numbers. FEMA Form 81–31, contractor, International Transcription Linda Blair, Service, 2100 M Street, N.W., Suite 140, Elevation Certificate, FEMA Form 81– Acting Chief, Audio Services Division Mass 65, Floodproofing Certificate for Non- Washington, D.C. 20037 (telephone Media Bureau. 202–857–3800). Residential Structures. [FR Doc. 96–7223 Filed 3–25–96; 8:45 am] Abstract. The Elevation Certificate Federal Communications Commission. BILLING CODE 6712±01±P and Floodproofing Certificate are Linda Blair, adjuncts to the application for flood Acting Chief, Audio Services Division, Mass insurance. The certificates are required Media Bureau. FEDERAL EMERGENCY for proper rating of post-Flood [FR Doc. 96–7225 Filed 3–25–96; 8:45 am] MANAGEMENT AGENCY Insurance Rate Map (FIRM) structures, BILLING CODE 6712±01±P which are buildings constructed after Agency Information Collection publication of the FIRM, for flood Activities: Proposed Collection; insurance in Special Flood Hazard Licensee Order To Show Cause Comment Request Areas. In addition, the Elevation Certificate is also needed for pre-FIRM The Acting Chief, Audio Services ACTION: Notice and request for structures being rated under post-FIRM Division, Mass Media Bureau, has comments. flood insurance rules. The certificates before her the following matter: SUMMARY: The Federal Emergency provide community officials and others MM Management Agency, as part of its standardized documents to readily Licensee City/State docket continuing effort to reduce paperwork record needed information. No. and respondent burden, invites the The certificates are supplied to general public and other Federal insurance agents, community officials, Rainy River International; 96±48 agencies to take this opportunity to surveyors, engineers, architects, and Community Falls, Mn.. comment on proposed new, revised, or NFIP policyholders/applicants. The College. (Regarding the continuing information collections. In community officials or other silent status of accordance with the Paperwork professionals provide the elevation data noncommer- Reduction Act of 1995 (44 U.S.C. required to document conformance with cial, edu- 3506(c)(2)(A)), this notice seeks floodplain management regulations and cational Station comments concerning the proposed for the applicants so that actuarial KICC (FM)) extension to a currently approved insurance rates can be charged. The information collection, which is elevation data is transmitted to the NFIP Pursuant to Section 312(a)(3) and (4) assigned OMB Control Number 3067– by the insurance applicant or agent with of the Communications Act of 1934, as 0077. The current approval expires May the appropriate NFIP policy forms. amended, Rainy River Community 31, 1996. The data is also used to assist FEMA College has been directed to show cause in measuring the effectiveness of the why the license for noncommercial, Background NFIP regulations in eliminating or educational Station KICC (FM) should The National Flood Insurance decreasing damage caused by flooding not be revoked, at a proceeding in Program regulations require the and the appropriateness of the NFIP which the above matter has been elevation or floodproofing of newly premium charges for insuring property designated for hearing concerning the constructed structures in designated against the flood hazard. following issues: special flood hazard areas. As part of the Affected Public: Individuals and (1) To determine whether Rainy River agreement for making flood insurance households, Businesses or other for- Community College has the capability available in a community, the NFIP profit, Not-for-profit institutions, Farms, and intent to expeditiously resume the requires the community to adopt a and State, local or tribal governments. broadcast operations of KICC (FM), floodplain management ordinance consistent with the Commission’s Rules. containing certain minimum FEMA No. of re- Hours Annual (2) To determine whether Rainy River requirements intended to reduce future spond- per re- burden forms ents sponse hours Community College has violated flood losses. One such requirement is Sections 73.561 and/or 73.1750 of the that the community obtain the elevation 81±31 14,800 2.25 33,300 Commission’s Rules. of the lowest flood (including basement) 81±65 240 3.25 780 (3) To determine, in light of the of all new and substantially improved evidence adduced pursuant to the structures, and maintain a record of all Based on comments from foregoing issues, whether Rainy River such information. These data may be respondents, the burden estimates for 13194 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices each of the FEMA forms have been pursuant to the authority vested in the SUMMARY: This notice amends the notice reestimated. Director of the Federal Emergency of a major disaster for the State of Estimated Total Annual Burden Management Agency under Executive Oregon, (FEMA–1099–DR), dated Hours. 34,080. Order 12148, I hereby appoint Marianne February 9, 1996, and related Comments: Written comments are Jackson of the Federal Emergency determinations. solicited to (a) evaluate whether the Management Agency to act as the EFFECTIVE DATE: March 13, 1996. proposed data collection is necessary for Federal Coordinating Officer for this FOR FURTHER INFORMATION CONTACT: the proper performance of the agency, declared disaster. Pauline C. Campbell, Response and including whether the information shall This action terminates my Recovery Directorate, Federal have practical utility; (b) evaluate the appointment of Agnes Mravcak as Emergency Management Agency, accuracy of the agency’s estimate of the Federal Coordinating officer for this Washington, DC 20472, (202) 646–3606. burden of the proposed collection of disaster. information, including the validity of SUPPLEMENTARY INFORMATION: The notice the methodology and assumptions used; (Catalog of Federal Domestic Assistance No. of a major disaster for the State of 83.516, Disaster Assistance) (c) enhance the quality, utility, and Oregon, is hereby amended to include clarity of the information to be James L. Witt, the following areas among those areas collected; and (d) minimize the burden Director. determined to have been adversely of the collection of information on those [FR Doc. 96–7230 Filed 3–25–96; 8:45 am] affected by the catastrophe declared a who are to respond, including through BILLING CODE 6718±02±M major disaster by the President in his the use of appropriate automated, declaration of February 9, 1996: electronic, mechanical, or other [FEMA±1083±DR] The Warm Springs Indian Reservation for technological collection techniques or Public Assistance and Hazard Mitigation other forms of information technology, New York; Amendment to Notice of a Assistance (already designated for Individual e.g., permitting electronic submission of Major Disaster Declaration Assistance); and, responses. Comments should be Coos County for Hazard Mitigation (already received within 60 days of the date of AGENCY: Federal Emergency designated for Individual Assistance and Public Assistance). this notice. Management Agency (FEMA). ACTION: Notice. (Catalog of Federal Domestic Assistance No. ADDRESSES: Direct all comments to 83.516, Disaster Assistance) Muriel B. Anderson, FEMA Information SUMMARY: This notice amends the notice William C. Tidball, Collections Officer, Federal Emergency of a major disaster for the State of New Management Agency, 500 C Street, SW, Associate Director, Response and Recovery York (FEMA–1083–DR), dated January Directorate. Room 311, Washington, DC 20472. 12, 1996, and related determinations. Telephone number (202) 646–2625. [FR Doc. 96–7231 Filed 3–25–96; 8:45 am] EFFECTIVE DATE: March 2, 1996. FAX number (202) 646–3524. BILLING CODE 6718±02±P FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and Requests for additional information or Recovery Directorate, Federal [FEMA±3117±EM] copies of the information collection can Emergency Management Agency, Texas; Emergency and Related be obtained by contacting the person Washington, DC 20472, (202) 646–3606. listed in the ADDRESSES section of this Determinations SUPPLEMENTARY INFORMATION: Notice is notice. hereby given that, effective this date and AGENCY: Federal Emergency Dated: March 15, 1996. pursuant to the authority vested in the Management Agency (FEMA). Thomas Behm, Director of the Federal Emergency ACTION: Notice. Acting Director, Program Services Division, Management Agency under Executive Operations Support Directorate. Order 12148, I hereby appoint Marianne SUMMARY: This is a notice of the [FR Doc. 96–7235 Filed 3–25–96; 8:45 am] Jackson of the Federal Emergency Presidential declaration of an emergency for the State of Texas BILLING CODE 6718±01±P Management Agency to act as the Federal Coordinating Officer for this (FEMA–3117–EM), dated February 23, declared disaster. 1996, and related determinations. [FEMA±1088±DR] This action terminates my EFFECTIVE DATE: February 23, 1996. New Jersey; Amendment to Notice of appointment of Agnes Mravcak as FOR FURTHER INFORMATION CONTACT: a Major Disaster Declaration Federal Coordinating Officer for this Pauline C. Campbell, Response and disaster. Recovery Directorate, Federal AGENCY: Federal Emergency (Catalog of Federal Domestic Assistance No. Emergency Management Agency, Management Agency (FEMA). 83.516, Disaster Assistance) Washington, DC 20472, (202) 646–3606. ACTION: Notice. James L. Witt, SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated SUMMARY: This notice amends the notice Director. February 23, 1996, the President of a major disaster for the State of New [FR Doc. 96–7233 Filed 3–25–96; 8:45 am] declared an emergency under the Jersey (FEMA–1088–DR), dated January BILLING CODE 6718±02±M authority of the Robert T. Stafford 13 1996, and related determinations. Disaster Relief and Emergency EFFECTIVE DATE: March 2, 1996. [FEMA±1099±DR] Assistance Act (42 U.S.C. 5121 et seq.), FOR FURTHER INFORMATION CONTACT: as follows: Pauline C. Campbell, Response and Oregon; Amendment to Notice of a Recovery Directorate, Federal Major Disaster Declaration I have determined that the imminent fire threat in certain areas of the State of Texas, Emergency Management Agency, AGENCY: Federal Emergency resulting from extreme fire hazards beginning Washington, DC 20472, (202) 646–3606. Management Agency (FEMA). this date, is of sufficient severity and SUPPLEMENTARY INFORMATION: Notice is magnitude to warrant an emergency ACTION: Notice. hereby given that, effective this date and declaration under Title V, Section 501(a) of Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13195 the Robert T. Stafford Disaster Relief and SUMMARY: This notice amends the notice Federal Maritime Commission Emergency Assistance Act (‘‘the Stafford of an emergency for the State of Texas, applications for licenses as ocean freight Act’’). I, therefore, declare that such an (FEMA–3117–DR), dated February 23, forwarders pursuant to section 19 of the emergency exists in the State of Texas. 1996, and related determinations. Shipping Act of 1984 (46 U.S.C. app. You are authorized to coordinate with the U.S. Forest Service to provide appropriate EFFECTIVE DATE: March 15, 1996. 1718 and 46 CFR 510). assistance for required emergency measures, FOR FURTHER INFORMATION CONTACT: Persons knowing of any reason why authorized under Title V of the Stafford Act, Pauline C. Campbell, Response and any of the following applicants should to save lives, protect property and public Recovery Directorate, Federal not receive a license are requested to health and safety, and lessen or avert the Emergency Management Agency, contact the Office of Freight Forwarders, threat of a catastrophe in the designated Washington, DC 20472, (202) 646–3606. Federal Maritime Commission, areas. Specifically, you are authorized to SUPPLEMENTARY INFORMATION: Washington, D.C. 20573. mobilize and prestage Federal fire The notice of an emergency for the State of Texas, International Logistics Corporation, suppression resources, and reimburse costs # associated with predeploying those is hereby amended to include the 1701 Quincy Street, Suite 5, resources. Utilization and reimbursement for following area among those areas Naperville, IL 60540; Officers: John D. such use of predeployed resources will be at determined to have been adversely Staton, President/CEO, John M. the recommendation of the U.S. Forest affected by the catastrophe declared an Staton, Vice President Service for fires designated under Title IV, emergency by the President in his Cibao Furniture Inc., 14 East 167th Section 420 of the Stafford Act. declaration of February 23, 1996: Street, Bronx, NY 10452; Officer: Jose In order to provide Federal assistance, you Augusto Perdomo Mojica, President are hereby authorized to allocate from funds Childress County for emergency assistance as defined in this declaration. CFS International, Inc., 2700 Broening available for these purposes, such amounts as Highway, Suite 211–A, Baltimore, MD you find necessary for Federal disaster (Catalog of Federal Domestic Assistance No. assistance and administrative expenses. 83.516, Disaster Assistance) 21222; Officers: Frank E. Cashman, Jr., Consistent with the requirement that Federal William C. Tidball, President, Karen P. Cashmen, Vice assistance be supplemental, any Federal Associate Director, Response and Recovery President funds provided under the Stafford Act under Directorate. Ark International Shipping, 116 E. Title V will be limited to 75 percent of the [FR Doc. 96–7236 Filed 3–25–96; 8:45 am] Edgebrook, Suite 1114, Houston, TX total eligible costs. 77034; Nabil Tamimi, Sole Proprietor BILLING CODE 6718±02±P Notice is hereby given that pursuant Bobrek Cargo (USA) Inc., 8730 N.W. 101 to the authority vested in the Director of Street, Medley, FL 33178; Officers: the Federal Emergency Management [FEMA±1101±DR] Maria A. Mohandas, President, Ana Agency under Executive Order 12148, I Cristina Bobrek, Vice President, Vermont; Amendment to Notice of a Vernon Paul Chadwick, 5915 Hoover hereby appoint Dell Greer of the Federal Major Disaster Declaration Emergency Management Agency to act Avenue, Indian Trail, NC 28079; Sole as the Federal Coordinating Officer for AGENCY: Federal Emergency Proprietor this declared disaster. Management Agency (FEMA). H&S International, Inc., 7955 N.W. 21st I do hereby determine the following ACTION: Notice. Street, Miami, FL 33122; Officers: areas of the State of Texas to have been Pedro A. Gonzalez, President, affected adversely by this declared SUMMARY: This notice amends the notice Christina A. Gonzalez, Vice President emergency: of a major disaster for the State of Only Forwarding Services, Inc., 2315 Vermont (FEMA–1101–DR), dated N.W. 107th Avenue, 1M17, Miami, FL Angelina, Bell, Bexar, Brown, Cass, February 13, 1996, and related 33172; Officer: Hassain Issa, President Coryell, Dallas, Denton, Fayette, McLennan, Montgomery, Palo Pinto, Rusk, San Saba, determinations. Pactrans Marine, Inc., 9520 La Cienega Taylor, Tarrant, Tom Green, Travis, Tyler, EFFECTIVE DATE: March 13, 1996. Blvd., Inglewood, CA 90301; Officers: Wise and Wichita Counties. FEMA has been FOR FURTHER INFORMATION CONTACT: Terrence Lynch, Director, C.T. Tsui, authorized to mobilize and prestage Federal Pauline C. Campbell, Response and Vice President fire suppression resources, and reimburse Recovery Directorate, Federal Peter Wittwer North America Inc. costs associated with predeploying those Emergency Management Agency, Shipping Agents, 2401 West Bay resources under Title V, Section 501(a) of the Washington, DC 20472, (202) 646–3606. Drive, Suite 15, Largo, FL 34640; Stafford Act. Utilization and reimbursement Officers: Siegfried Adam, President, for such use of predeployed resources will be SUPPLEMENTARY INFORMATION: Notice is Carolyn J. Haack, Vice President at the recommendation of the U.S. Forest hereby given that the incident period for Service for fires designated under Title IV, this disaster is closed effective February Dated: March 20, 1996. Section 420 of the Stafford Act. 2, 1996. Joseph C. Polking, (Catalog of Federal Domestic Assistance No. (Catalog of Federal Domestic Assistance No. Secretary. 83.516, Disaster Assistance) 83.516, Disaster Assistance) [FR Doc. 96–7220 Filed 3–25–96; 8:45 am] James L. Witt, William C. Tidball, BILLING CODE 6730±01±M Director. Associate Director, Response and Recovery [FR Doc. 96–7234 Filed 3–25–96; 8:45 am] Directorate. BILLING CODE 6718±02±P [FR Doc. 96–7232 Filed 3–25–96; 8:45 am] FEDERAL RESERVE SYSTEM BILLING CODE 6718±02-P Change in Bank Control Notices; [FEMA±3117±EM] Acquisitions of Shares of Banks or Texas; Amendment to Notice of an FEDERAL MARITIME COMMISSION Bank Holding Companies Emergency Declaration Ocean Freight Forwarder License The notificants listed below have AGENCY: Federal Emergency Applicants applied under the Change in Bank Management Agency (FEMA). Control Act (12 U.S.C. 1817(j)) and § Notice is hereby given that the 225.41 of the Board’s Regulation Y (12 ACTION: Notice. following applicants have filed with the CFR 225.41) to acquire a bank or bank 13196 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices holding company. The factors that are standards in section 4 of the BHC Act, TIME AND DATE: 11 a.m., Monday, April considered in acting on the notices are including whether the acquisition of the 1, 1996. set forth in paragraph 7 of the Act (12 nonbanking company can ‘‘reasonably PLACE: Marriner S. Eccles Federal U.S.C. 1817(j)(7)). be expected to produce benefits to the Reserve Board Building, C Street The notices are available for public, such as greater convenience, entrance between 20th and 21st Streets, immediate inspection at the Federal increased competition, or gains in NW., Washington, DC 20551. Reserve Bank indicated. Once the efficiency, that outweigh possible STATUS: Closed. notices have been accepted for adverse effects, such as undue processing, they will also be available concentration of resources, decreased or MATTERS TO BE CONSIDERED: for inspection at the offices of the Board unfair competition, conflicts of 1. Policy regarding disclosure of Federal of Governors. Interested persons may interests, or unsound banking practices’’ Reserve Board employees’ salaries. express their views in writing to the (12 U.S.C. 1843). Any request for 2. Federal Reserve Bank and Branch Reserve Bank indicated for that notice a hearing must be accompanied by a director appointments. or to the offices of the Board of statement of the reasons a written 3. Personnel actions (appointments, Governors. Comments must be received promotions, assignments, reassignments, and presentation would not suffice in lieu of salary actions) involving individual Federal not later than April 8, 1996. a hearing, identifying specifically any Reserve System employees. A. Federal Reserve Bank of questions of fact that are in dispute, 4. Any items carried forward from a Richmond (Lloyd W. Bostian, Jr., Senior summarizing the evidence that would previously announced meeting. Vice President) 701 East Byrd Street, be presented at a hearing, and indicating CONTACT PERSON FOR MORE INFORMATION: Richmond, Virginia 23261: how the party commenting would be Mr. Joseph R. Coyne, Assistant to the 1. O. Perry Earle, III, Greenville, South aggrieved by approval of the proposal. Board; (202) 452–3204. You may call Carolina; to acquire an additional 1.51 Unless otherwise noted, nonbanking (202) 452–3207, beginning at percent, for a total of 10.35 percent, of activities will be conducted throughout approximately 5 p.m. two business days the voting shares of Greenville Financial the United States. before this meeting, for a recorded Corporation, Greenville, South Carolina, Unless otherwise noted, comments announcement of bank and bank and thereby indirectly acquire regarding each of these applications holding company applications Greenville National Bank, Greenville, must be received at the Reserve Bank scheduled for the meeting. South Carolina. indicated or the offices of the Board of Dated: March 22, 1996. Board of Governors of the Federal Reserve Governors not later than April 18, 1996. System, March 20, 1996. A. Federal Reserve Bank of St. Louis Jennifer J. Johnson, Jennifer J. Johnson, (Randall C. Sumner, Vice President) 411 Deputy Secretary of the Board. Deputy Secretary of the Board. Locust Street, St. Louis, Missouri 63166: [FR Doc. 96–7493 Filed 3–22–96; 3:35 pm] BILLING CODE 6210±01±P [FR Doc. 96–7176 Filed 3–25–96; 8:45 am] 1. Old National Bancorp, Evansville, Indiana; to acquire 100 percent of the BILLING CODE 6210±01±F voting shares of The National Bank of Carmi, Carmi, Illinois. FEDERAL TRADE COMMISSION B. Federal Reserve Bank of Kansas Formations of, Acquisitions by, and Revised Jurisdictional Thresholds for Mergers of Bank Holding Companies City (John E. Yorke, Senior Vice President) 925 Grand Avenue, Kansas Section 8 of the Clayton Act The companies listed in this notice City, Missouri 64198: AGENCY: Federal Trade Commission. have applied to the Board for approval, 1. Kanbanc, Inc., Overland Park, ACTION: Notice. pursuant to the Bank Holding Company Kansas; to acquire 51.6 percent of the Act of 1956 (12 U.S.C. 1841 et seq.) voting shares of Citizens Bank of SUMMARY: The Federal Trade (BHC Act), Regulation Y (12 CFR part Norborne, Norborne, Missouri. Commission announces the revised 225), and all other applicable statutes C. Federal Reserve Bank of Dallas thresholds for interlocking directorates and regulations to become a bank (Genie D. Short, Vice President) 2200 required by the 1990 amendment of holding company and/or to acquire the North Pearl Street, Dallas, Texas 75201- section 8 of the Clayton Act. Section 8 assets or the ownership of, control of, or 2272: prohibits, with certain exceptions, one the power to vote shares of a bank or 1. East Texas Financial Corporation, person from serving as a director or bank holding company and all of the Kilgore, Texas, and East Texas officer of two competing corporations if banks and nonbanking companies (Delaware) Holdings, Ltd., Wilmington, two thresholds are met. Competitor owned by the bank holding company, Delaware; each to acquire a total of corporations are covered by section 8 if including the companies listed below. 54.35 percent of the voting shares of each one has capital, surplus, and The applications listed below, as well Gladewater National Bank, Gladewater, undivided profits aggregating more than as other related filings required by the Texas. $10,000,000, with the exception that no corporation is covered if the competitive Board, are available for immediate Board of Governors of the Federal Reserve inspection at the Federal Reserve Bank System, March 20, 1996. sales of either corporation are less than $1,000,000. Section 8(a)(5) requires the indicated. Once the application has Jennifer J. Johnson, Federal Trade Commission to revise been accepted for processing, it will also Deputy Secretary of the Board. be available for inspection at the offices those thresholds annually, based on the [FR Doc. 96-7175 Filed 3-25-96; 8:45 am] of the Board of Governors. Interested change in gross national product. The persons may express their views in BILLING CODE 6210-01-F new thresholds, which take effect writing on the standards enumerated in immediately, are $13,239,000 for section 8(a)(1), and $1,323,900 for section the BHC Act (12 U.S.C. 1842(c)). If the Sunshine Act Meeting proposal also involves the acquisition of 8(a)(2)(A). a nonbanking company, the review also AGENCY HOLDING THE MEETING: Board of EFFECTIVE DATE: March 26, 1996. includes whether the acquisition of the Governors of the Federal Reserve FOR FURTHER INFORMATION CONTACT: nonbanking company complies with the System. James Mongoven, Bureau of Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13197

Competition, Office of Policy and will be available for inspection and (d) Any claim under the Equal Access Evaluation, (202) 326–2879. copying at its principal office in to Justice Act, 5 U.S.C. 504. (Authority: 15 U.S.C. 19(a)(5)). accordance with Section 4.9(b)(6)(ii) of 4. This agreement shall not become part of the public record of the By direction of the Commission. the Commission’s Rules of Practice (16 CFR 4.9(b)(6)(ii)). proceeding unless and until it is Donald S. Clark, accepted by the Commission. If this Secretary. Before Federal Trade Commission agreement is accepted by the [FR Doc. 96–7290 Filed 3–25–96; 8:45 am] In the Matter of Cancer Treatment Centers Commission, it, together with the BILLING CODE 6750±01±M of America, Inc., a corporation, Midwestern attached draft complaint, will be placed Regional Medical Center, Inc., a corporation, on the public record for a period of sixty and Memorial Medical Center and Cancer [File No. 922±3308] (60) days and information in respect Institute, Inc., a corporation; Agreement thereto publicly released. The Containing Consent Order to Cease and Commission thereafter may either Cancer Treatment Centers of America, Desist. Inc.; Midwestern Regional Medical withdraw its acceptance of this Center, Inc.; Memorial Medical Center The Federal Trade Commission agreement and so notify the proposed and Cancer Institute, Inc.; Consent having initiated an investigation of respondents, in which event it will take Agreement With Analysis To Aid certain acts and practices of Cancer such action as it may consider Public Comment Treatment Centers of America, Inc., a appropriate, or issue and service its corporation, Midwestern Regional complaint (in such form as the AGENCY: Federal Trade Commission. Medical Center, Inc., a corporation, and circumstances may require) and ACTION: Consent agreement. Memorial Medical Center and Cancer decision, in disposition of the Institute, Inc., a corporation (hereinafter proceeding. SUMMARY: In settlement of alleged sometimes referred to as ‘‘proposed 5. This agreement is for settlement violations of federal law prohibiting respondents’’ or ‘‘respondents’’), and it purposes only and does not constitute unfair acts and practices and unfair now appearing that proposed an admission by proposed respondents methods of competition, this consent respondents are willing to enter into an of facts, other than jurisdictional facts, agreement, accepted subject to final agreement containing an order to cease or of violations of law as alleged in the Commission approval, would require and desist from the use of the acts and draft of complaint here attached. the Arlington, Illinois-based company practices being investigated. 6. This agreement contemplates that, and two affiliated hospitals to It is hereby agreed by and between if it is accepted by the Commission, and substantiate future claims regarding the Cancer Treatment Centers of America, if such acceptance is not subsequently success or efficacy of their cancer Inc., a corporation, Midwestern withdrawn by the Commission pursuant treatments and to ensure that Regional Medical Center, Inc., a to the provisions of § 2.34 of the testimonials they use do not corporation, and Memorial Medical Commission’s Rules, the Commission misrepresent the typical experience of Center and Cancer Institute, Inc., a may, without further notice to proposed their patients. The consent agreement corporation, and their attorneys, and respondents: (a) Issue its complaint settles allegations that the company and counsel for the Federal Trade corresponding in form and substance the hospitals made false and Commission that: with the attached draft complaint and unsubstantiated claims in advertising 1. Proposed respondent Cancer its decision containing the following and promoting their cancer treatments. Treatment Centers of America, Inc., is Order to cease and desist in disposition DATES: Comments must be received on an Illinois corporation, with its of the proceeding; and (b) make or before May 28, 1996. principal office or place of business at information public in respect thereto. When so entered, the Order to cease and ADDRESSES: Comments should be 3455 Salt Creek Lane, Suite 200, desist shall have the same force and directed to: FTC/Office of the Secretary, Arlington, Illinois 60005–1090. effect and may be altered, modified or Room 159, 6th St. and Pa. Ave., N.W., Proposed respondent Midwestern set aside in the same manner and within Washington, D.C. 20580. Regional Medical Center, Inc., is an Illinois corporation, with its principal the same time provided by statute for FOR FURTHER INFORMATION CONTACT: office or place of business at Shiloh other orders. The Order shall become Richard F. Kelly, Federal Trade Boulevard and Emmaus Avenue, Zion, final upon service. Delivery by the U.S. Commission, H–200, 6th and Illinois 60099. Postal Service of the complaint and Pennsylvania Ave, NW, Washington, DC Proposed respondent Memorial decision containing the agreed-to Order 20580. 202–326–3304. Walter C. Gross, Medical Center and Cancer Institute, to proposed respondents’ address as III, Federal Trade Commission, H–200, Inc., is an Oklahoma corporation, with stated in this agreement shall constitute 6th and Pennsylvania Ave, NW, its principal office or place of business service. Proposed respondents waive Washington, DC 20580. 202–326–3319. at 8181 South Lewis Avenue, Tulsa, any right they may have to any other SUPPLEMENTARY INFORMATION: Pursuant Oklahoma 74137. manner of service. The complaint may to Section 6(f) of the Federal Trade 2. Proposed respondents admit all the be used in construing the terms of the Commission Act, 38 Stat. 721, 15 U.S.C. jurisdictional facts set forth in the Order, and no agreement, 46 and Section 2.34 of the Commission’s attached draft complaint. understanding, representation, or Rules of Practice (16 CFR 2.34), notice 3. Proposed respondents waive: interpretation not contained in the is hereby given that the following (a) Any further procedural steps; Order or the agreement may be used to consent agreement containing a consent (b) The requirement that the vary or contradict the terms of the order to cease and desist, having been Commission’s decision contain a Order. filed with and accepted, subject to final statement of findings of fact and 7. Proposed respondents have read approval, by the Commission, has been conclusions of law; the attached draft complaint and the placed on the public record for a period (c) All rights to seek judicial review following Order. Proposed respondents of sixty (60) days. Public comment is or otherwise to challenge or contest the understand that once the Order has been invited. Such comments or views will validity of the Order entered pursuant to issued, they will be required to file one be considered by the Commission and this agreement; and or more compliance reports showing 13198 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices that they have fully complied with the A. Making any representation, or attendant diseases, unless, at the time Order. Proposed respondents further directly or by implication, about either: of making any such representation, understand that it may be liable for civil (1) The existence or content of respondents possess and rely upon penalties in the amount provided by law statistical data that purports to competent and reliable scientific for each violation of the Order after it document survivorship rates or cure evidence substantiating the becomes final. rates for cancer patients in respondents’ representation. treatment facilities, or Order II (2) Cure rates or survivorship rates Definitions either for any of respondents’ treatment It is further ordered that respondents For the purposes of this Order, the facilities or for any treatment modality shall notify the Commission at least following definitions shall apply: or modalities offered by respondents. thirty (30) days prior to the effective A. ‘‘Competent and reliable scientific unless, at the time of making any such date of any proposed change such as evidence’’ shall mean tests, analyses, representation, respondents possess and dissolution, assignment, or sale research, studies or other evidence rely upon competent and reliable resulting in the emergence of a based on the expertise of professionals evidence, which when appropriate must successor corporation(s), the creation or in the relevant area that have been be competent and reliable scientific dissolution of subsidiaries, or any other conducted and evaluated in an objective evidence, substantiating the change in the corporation(s) that may manner by persons qualified to do so, representation. affect compliance obligations arising out using procedures generally accepted in B. Representing, directly or by of this Order. the profession to yield accurate and implication, that any modality for the III reliable results. treatment or mitigation of cancer or its It is further ordered that for three (3) B. ‘‘Cancer’’ shall mean any of various attendant symptoms is approved, years after the last date of dissemination malignant neoplasms characterized by endorsed or accepted by any of any representation covered by this the proliferation of anaplastic cells that independent organization or facility Order, respondents, or their successors tend to invade surrounding tissue and unless, at the time of making any such and assigns, shall maintain and upon may metastasize to new body sites or representation, respondents possess and request make available to the Federal the pathological condition characterized rely upon competent and reliable Trade Commission for inspection and by such growths. evidence, which when appropriate must C. ‘‘Independent organization or copying: be competent and reliable scientific facility’’ means any organization, A. All materials that were relied upon evidence, substantiating the association, or entity, whether or not for in disseminating such representation; representation. profit, which is not owned or and C. Making any representation, directly controlled, directly or indirectly, by B. All tests, reports, studies, surveys, or by implication, about the efficacy of respondents, individually or demonstrations or other evidence in any modality that purports to treat or collectively. their possession or control that D. ‘‘Endorsement’’ means any mitigate cancer or its attendant contradict, qualify, or call into question advertising message (including verbal symptoms, unless, at the time of making such representation, or the basis relied statements, demonstrations or any such representation, respondents upon for such representation, including depictions of the name, signature, possess and rely upon competent and complaints from consumers. likeness or other personal identifying reliable scientific evidence characteristics of any individual or the substantiating the representation. IV name or seal of an organization) which D. Representing, directly or by It is further ordered that within ten message consumers are likely to believe implication, that any endorsement of (10) days from the date of service of this reflects the opinions, beliefs, findings, any of respondents’ treatment programs order, respondents shall distribute a or experience of a party other than the that purport to mitigate or cure cancer copy of this Order to each of its officers, sponsoring advertiser. represents the typical or ordinary agents, representatives, independent experience of members of the public contractors and employees who are I who use the program, unless: involved in the preparation and It is ordered that respondents Cancer (1) At the time of making such placement of advertisements or Treatment Centers of America, Inc., a representation, respondents possess and promotional materials or who have any corporation, Midwestern Regional rely upon competent and reliable responsibilities with respect to the Medical Center, Inc., a corporation, and scientific evidence, that substantiates subject matter of this Order; and, shall Memorial Medical Center and Cancer such representation, or secure from each such person a signed Institute, Inc., a corporation, their (2) Respondents disclose clearly, statement acknowledging receipt of this successors or assigns, (hereinafter prominently and in close proximity to order. sometimes referred to as the endorsement or testimonial either: ‘‘respondents’’), and respondents’ (a) What the generally expected V officers, representatives, agents, and results would be for users of such It is further ordered that respondents employees, directly or through any program, or shall, within sixty (60) days after the corporation, subsidiary, division, or (b) The limited applicability of the date of service of this Order, file with other advice, including franchisees or endorser’s experience to what the Commission a report, in writing, licensees, in connection with the consumers may generally expect to setting forth in detail the manner and advertising, promotion, offering for sale, achieve, that is, that consumers should form in which they have complied with or sale of products or services not expect to experience similar results. this Order. purporting to treat or cure disease, in or E. Making any representation, directly affecting commerce, as ‘‘commerce’’ is or by implication, about the Analysis of Proposed Consent Order To defined in the Federal Trade performance, safety or benefits of any Aid Public Comment Commission Act, do forthwith cease and modality that purports to treat or The Federal Trade Commission has desist from: mitigate cancer, its attendant symptoms accepted an agreement to a proposed Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13199 consent order from three corporations The order further prohibits proposed FOR FURTHER INFORMATION CONTACT: who operate under the trade name respondents from misrepresenting that Joel Winston, Federal Trade Cancer Treatment Centers of America any independent organization has Commission, S–4002, 6th and and offer cancer treatment services to approved any treatment regimen for Pennsylvania Ave., NW., Washington, the public. The three corporations are: cancer. The order also requires that any DC, 202–326–3153. Cancer Treatment Centers of America, future claims containing consumer Richard L. Cleland, Federal Trade Inc., Midwestern Regional Medical endorsements or testimonials either Commission, S–4002, 6th and Centers, Inc., and Memorial Medical represent the typical and ordinary Pennsylvania Ave., NW., Washington, Center and Cancer Institute, Inc. experience of consumers of proposed DC, 202–326–3088. The proposed consent order has been respondents’ services or contain a clear SUPPLEMENTARY INFORMATION: Pursuant placed on the public record for sixty and prominent statement referring to the to Section 6(f) of the Federal Trade (60) days for reception of comments by limited applicability of the endorser’s Commission Act, 38 Stat. 721, 15 U.S.C. interested persons. Comments received experience. Finally, the order requires 46 and Section 2.34 of the Commission’s during this period will become part of competent and reliable scientific Rules of Practice (16 CFR 2.34), notice the public record. After sixty (60) days, evidence for any representation about is hereby given that the following the Commission will again review the the performance, safety, or benefits of consent agreement containing a consent agreement and will decide whether it any modality that purports to treat or order to cease and desist, having been should withdraw from the agreement or mitigate cancer, its attendant symptoms filed with and accepted, subject to final make final the agreement’s proposed or attendant diseases. approval, by the Commission, has been order. The purpose of this analysis is to placed on the public record for a period The Commission has alleged that facilitate public comment on the of sixty (60) days. Public comment is proposed respondents failed to possess proposed order, and is not intended to invited. Such comments or views will a reasonable basis for claiming that their constitute an official interpretation of be considered by the Commission and five year survivorship rates for cancer the agreement and proposed order or to will be available for inspection and patients that they treated was ‘‘among modify in any way their terms. copying at its principal office in the highest recorded.’’ The Commission Donald S. Clark, accordance with Section 4.9(b)(6)(ii) of further alleges that representations Secretary. the Commission’s Rules of Practice (16 proposed respondents made about the [FR Doc. 96–7293 Filed 3–25–96; 8:45 am] CFR 4.9(b)(6)(ii)). ability of treatments known as ‘‘whole BILLING CODE 6750±01±M body hyperthermia’’ and Before Federal Trade Commission ‘‘brachytheraphy’’ to successfully treat [File No. 952±3478] some cancers and/or improve [File No. 952±3478] In the Matter of Johnson & Collins survivorship rates were also Research, Inc., a corporation, and Gregor A. unsubstantiated. Johnson & Collins Research, Inc. and Von Ehrenfels, individually and as an officer Additionally, the Commission has Gregor A. Von Ehrenfels; Consent of said corporation; Agreement Containing alleged that proposed respondents Agreement with Analysis To Aid Public Consent Order to Cease and Desist. claimed that whole body hyperthermia Comment The Federal Trade Commission, was ‘‘an approved medical procedure,’’ having initiated an investigation of AGENCY: Federal Trade Commission. implying that the procedure had been certain acts and practices of Johnson & approved by an independent agency or ACTION: Consent agreement. Collins Research, Inc., a corporation, medical body when, in fact, it had not. and Gregor A. Von Ehrenfels, Finally, the Commission has alleged SUMMARY: In settlement of alleged violations of federal laws prohibiting individually and as an officer of said that proposed respondents failed to corporation, hereinafter sometimes substantiate advertisements that unfair acts and practices and unfair methods of competition, this consent referred to as proposed respondents, featured the treatment experiences of and it now appearing that proposed former patients and represented, agreement, accepted subject to final Commission approval, would prohibit respondents are willing to enter into an expressly or by implication, that such agreement containing an order to cease experiences represented the typical and the Minneapolis-based company from making false or unsubstantiated and desist from the use of the acts and ordinary experience of consumers of practices being investigated. proposed respondents’ treatment representations in future advertisements for weight-loss booklets or for other It is hereby agreed by and between services. Johnson & Collins Research, Inc., by its The proposed consent order addresses weight-loss products or programs. The consent agreement settles allegations authorized officer, and Gregor A. Von the alleged misrepresentations cited in Ehrenfels, individually and as an officer the accompanying complaint by that Johnson & Collins’s advertisements for the Total Body Reshaping System of said corporation, and their attorney, requiring, among other things, that and counsel for the Federal Trade proposed respondents possess a and the Super Total Body Shaping System (‘‘TBR System’’), which Commission that: reasonable basis consisting of competent 1. Proposed respondent Johnson & appeared in magazines directed at and reliable evidence for any future Collins Research, Inc. is a corporation teenage girls, failed to disclose that the claims regarding survivorship or cure organized, existing, and doing business TBR System consisted primarily of rates. When appropriate the order under and by virtue of the laws of the booklets containing advice on dieting would require that such evidence be State of Minnesota, with its office and and exercising. competent and reliable scientific principal place of business located at evidence. Additionally, under the order, DATES: Comments must be received on 5115 Excelsior Blvd., in the City of any efficacy claims for any modality or before May 28, 1996. Minneapolis, State of Minnesota 55416. that purports to treat or mitigate cancer ADDRESSES: Comments should be Proposed respondent Gregor A. Von or its attendant symptoms must also be directed to: FTC/Office of the Secretary, Ehrenfels is an officer of said substantiated with competent and Room 159, 6th St. and Pa. Ave., NW., corporation. Individually or in concert reliable scientific evidence. Washington, DC 20580. with others, he participates in and/or 13200 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices formulates, directs, and controls the acts Proposed respondents waive any right I and practices of said corporation and they may have to any other manner of It is ordered that respondents, his address is the same as that of said service. The complaint may be used in Johnson & Collins Research, Inc., a corporation. construing the terms of the order, and corporation, its successor and assigns, 2. Proposed respondents admit all the no agreement, understanding, and its officers; and Gregor A. von jurisdictional facts set forth in the draft representation, or interpretation not Ehrenfels, individually and as an officer of complaint here attached. contained in the order or the agreement of Johnson & Collins Research, Inc.; and 3. Proposed respondents waive: may be used to vary or contradict the respondents’ agents, representatives and (a) Any further procedural steps; terms of the order. (b) The requirement that the 7. Proposed respondents have read employees, directly or through any Commission’s decision contain a the proposed complaint and order partnership, corporation, subsidiary, statement of findings of fact and contemplated hereby. They understand division or other device, in connection conclusions of law; and that once the order has been issued, with the manufacturing, advertising, (c) All rights to seek judicial review they will be required to file one or more packaging, labeling, promotion, offering or otherwise to challenge or contest the compliance reports showing that they for sale, sale, or distribution of Total validity of the order entered pursuant to have fully complied with the order. Body Reshaping System, Super Total this agreement. Proposed respondents further Body Reshaping System, or any 4. This agreement shall not become understand that they may be liable for substantially similar product, in or part of the public record of the civil penalties in the amount provided affecting commerce, as ‘‘commerce’’ is proceeding unless and until it is by law for each violation of the order defined in the Federal Trade accepted by the Commission. If this after it becomes final. Commission Act, do forthwith cease and agreement is accepted by the desist from representing, in any manner, Commission it, together with the draft of Order directly or by implication, that such complaint contemplated thereby, will be For purposes of this Order; product does not require dieting. placed on the public record for a period 1. ‘‘Clearly and prominently’’ shall II of sixty (60) days and information in mean as follows: (a) In a television or respect thereto publicly released. The videotape advertisement, the disclosure It is further ordered that respondents, Commission thereafter may either shall be presented simultaneously in Johnson & Collins Research, Inc., a withdraw its acceptance of this both the audio and video portions of the corporation, its successors and assigns, agreement and so notify the proposed advertisement. The audio disclosure and its officers; and Gregor A. von respondents, in which event it will take shall be delivered in a volume and Ehrenfels, individually and as an officer such action as it may consider cadence and for a duration sufficient for of Johnson & Collins Research, Inc.; and appropriate, or issue and serve its an ordinary consumer to hear and respondents’ agents, representatives and complaint (in such form as the comprehend it. The video disclosure employees, directly or through any circumstances may require) and shall be of a size and shade, and shall partnership, corporation, subsidiary, decision, in disposition of the appear on the screen for a duration, division or other device, in connection proceeding. sufficient for an ordinary consumer to with the manufacturing, advertising, 5. This agreement is for settlement read and comprehend it. packaging, labeling, promotion, offering purposes only and does not constitute (b) In a print advertisement, the for sale, sale, or distribution of any an admission by proposed respondents disclosure shall be in a type size, and in weight-loss product, in or affecting of facts, other than jurisdictional facts, a location, that are sufficiently commerce, as ‘‘commerce’’ is defined in or of violations of law as alleged in the noticeable so that an ordinary consumer the Federal Trade Commission Act, do draft of complaint here attached. will see and read it, in print that forthwith cease and desist from 6. This agreement contemplates, that contrasts with the background against representing, in any manner, directly or if it is accepted by the Commission, and which it appears. In multipage by implication, that: if such acceptance is not subsequently documents, the disclosure shall appear A. Such product is effective in withdrawn by the Commission pursuant on the cover or first page. causing fast and significant weight loss; to the provisions of § 2.34 of the (c) In a radio advertisement, the B. Such product is effective in Commission’s Rules, the Commission disclosure shall be delivered in a reducing body fat or cellulite; may, without further notice to proposed volume and cadence sufficient for an C. Such product is effective in causing respondents, (1) Issue its complaint ordinary consumer to hear and weight loss, fat reduction, or increased corresponding in form and substance comprehend it. muscle tone in specific, desired areas of with the draft of complaint here 2. ‘‘Competent and reliable scientific the body; attached and its decision containing the evidence’’ shall mean tests, analyses, D. Such product is effective in following order to cease and desist in research, studies, or other evidence burning excess calories, modifying disposition of the proceeding and (2) based on the expertise of professionals caloric intake, or converting food into make information public in respect in the relevant area, that has been energy instead of fat; or thereto. When so entered, the order to conducted and evaluated in an objective E. Such product has any effect on cease and desist shall have the same manner by persons qualified to do so, users’ weight, body size or shape, body force and effect and may be altered, using procedures generally accepted in measurements, appetite, modified or set aside in the same the profession to yield accurate and unless, at the time of making such manner and within the same time reliable results. representation, respondents possess and provided by statute for other orders. The 3. ‘‘Weight-loss product’’ shall mean rely upon competent and reliable order shall become final upon service. any product or program designed or scientific evidence that substantiates the Delivery by the U.S. Postal Service of used to prevent weight gain or to representation. the complaint and decision containing produce weight loss, reduction or the agreed-to order to proposed elimination of fat, slimming, or caloric III respondents’ address as stated in this deficit in a user of the product or Nothing in Parts I and II of this Order agreement shall constitute service. program. shall prohibit respondents from making Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13201 representations which promote the sale disclose, clearly and prominently, that petition, or any other corporate change of books and other publications, dieting and/or increasing exercise is that may affect compliance obligations provided that, the advertising only required to lose weight; provided arising out of this Order. purports to express the opinion of the however, that this disclosure shall not IX author or to quote the contents of the be required if respondents possess and publication; the advertising discloses rely upon competent and reliable It is further ordered that respondent, the source of the statements quoted or scientific evidence demonstrating that Gregor A. von Ehrenfels, shall, for a derived from the contents of the the weight-loss product is effective period of three (3) years from the date publication; and the advertising without either dieting or increasing of issuance of this Order, notify the discloses the author to be the source of exercise. Commission within thirty (30) days of the opinions expressed about the the discontinuance of his present VI publication. This Part shall not apply, business or employment and of his however, if the publication or its It is further ordered that respondent, affiliation with any new business or advertising is used to promote the sale Johnson & Collins Research, Inc., shall: employment involving the advertising, of some other product as part of a A. Within thirty (30) days after service offering for sale, sale, or distribution of commercial scheme. of this Order, provide a copy of this any weight-loss product. Each notice of Order to each of respondent’s current IV affiliation with any new business or principals, officers, directors, and employment shall include respondent’s It is further ordered that respondents, managers, and to all personnel, agents, new business address and telephone Johnson & Collins Research, Inc., a and representatives having sales, number, current home address, and a corporation, its successors and assigns, advertising, or policy responsibility statement describing the nature of the and its officers; and Gregor A. von with respect to the subject matter of this business or employment and his duties Ehrenfels, individually and as an officer Order; and and responsibilities. of Johnson & Collins Research, Inc.; and B. For a period of five (5) years from respondents’ agents, representatives and the date of issuance of this Order, X employees, directly or through any provide a copy of this Order to each of This Order will terminate twenty partnership, corporation, subsidiary, respondent’s future principals, officers, years from the date of its issuance, or division or other device, in connection directors, and managers, and to all twenty years from the most recent date with the manufacturing, advertising, personnel, agents, and representatives that the United States or the Federal packaging, labeling, promotion, offering having sales, advertising, or policy Trade Commission files a complaint for sale, sale, or distribution of Total responsibility with respect to the subject (with or without an accompanying Body Reshaping System, Super Total matter of this Order who are associated consent decree) in federal court alleging Body Reshaping System, or any with respondent or any subsidiary, any violation of the Order, whichever substantially similar product, in or successor, or assign, within three (3) comes later; provided, however, that the affecting commerce, as ‘‘commerce’’ is days after the person assumes his or her filing of such a complaint will not affect defined in the Federal Trade responsibilities. the duration of: Commission Act, do forthwith cease and desist from making any representation, VII A. Any paragraph in this Order that terminates in less than twenty years; in any manner, directly or by It is further ordered that five (5) years implication, that any such product has after the last date of dissemination of B. This Order’s application to any any effect on weight or body size, unless any representation covered by this respondent that is not named as a respondents disclose, clearly and Order, respondents, or their successors defendant in such complaint; and prominently, that such product consists and assigns, shall maintain and upon C. This Order if such complaint is primarily of a booklet or pamphlet request make available to the Federal filed after the Order has terminated containing information and advice on Trade Commission or its staff for pursuant to this paragraph. weight loss. inspection and copying: Provided further, that if such complaint is dismissed or a federal V A. All materials that were relied upon in disseminating such representation; court rules that the respondent did not It is further ordered that respondents, and violate any provision of the Order, and Johnson & Collins Research, Inc., a B. All tests, reports, studies, surveys, the dismissal or ruling is either not corporation, its successors and assigns, demonstrations or other evidence in appealed or upheld on appeal, then the and its officers; and Gregor A. von their possession or control that Order will terminate according to this Ehrenfels, individually and as an officer contradict, qualify, or call into question paragraph as though the complaint was of Johnson & Collins Research, Inc.; and such representation, or the basis relied never filed, except that the Order will respondents’ agents, representatives and upon for such representation, including not terminate between the date such employees, directly or through any complaints from consumers. complaint is filed and the later of the partnership, corporation, subsidiary, deadline for appealing such dismissal or division or other device, in connection VIII ruling and the date such dismissal or with the manufacturing, advertising, It is further ordered that respondent, ruling is upheld on appeal. packaging, labeling, promotion, offering Johnson & Collins Research, Inc., shall XI for sale, sale, or distribution of any notify the Federal Trade Commission at weight-loss product, in or affecting least thirty (30) days prior to any It is further ordered that respondents commerce, as ‘‘commerce’’ is defined in proposed change in its corporate shall, within sixty (60) days after service the Federal Trade Commission Act, do structure, including but not limited to of this Order, and at such other times as forthwith cease and desist from making dissolution, assignment, or sale the Federal Trade Commission may any representation, in any manner, resulting in the emergence of a require, file with the Commission a directly or by implication, that any such successor corporation, the creation or report, in writing, setting forth in detail weight-loss product has any effect on dissolution of subsidiaries or affiliates, the manner and form in which they weight or body size, unless they the planned filing of a bankruptcy have complied with this Order. 13202 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Analysis of Proposed Consent Order To possess competent and reliable file compliance reports with the Aid Public Comment scientific evidence before making any of Commission. The Federal Trade Commission has the representations alleged to be The purpose of this analysis is to accepted an agreement to a proposed unsubstantiated in the complaint for facilitate public comment on the consent order from proposed any weight-loss product; as well as any proposed order, and it is not intended respondents Johnson & Collins representation that any such product to constitute an official interpretation of Research, Inc. and Gregor A. von has any effect on users’ weight, body the agreement and proposed order or to Ehrenfels, an officer of the corporation. size or shape, body measurements, or modify in any way their terms. The proposed consent order has been appetite. Donald S. Clark, placed on the public record for sixty Part III of the proposed order provides Secretary. (60) days for reception of comments by that nothing in Parts I and II prohibits [FR Doc. 96–7292 Filed 3–25–96; 8:45 am] interested persons. Comments received proposed respondents from making BILLING CODE 6750±01±M during this period will become part of representations which promote the sale the public record. After sixty (60) days, of books and other publications, [File No. 952±3099] the Commission will again review the provided that, the advertising only purports to express the opinion of the agreement and the comments received NW Ayer, Inc.; Consent Agreement author or to quote the contents of the and will decide whether it should With Analysis To Aid Public Comment withdraw from the agreement and take publication; the advertising discloses other appropriate action or make final the source of the statements quoted or AGENCY: Federal Trade Commission. the agreement’s proposed order. derived from the contents of the ACTION: Consent agreement. This matter concerns advertising for publication; and the advertising ‘‘Total Body Reshaping System’’ and discloses the author to be the source of SUMMARY: In settlement of alleged ‘‘Super Total Body Reshaping System’’ the opinions expressed about the violations of federal law prohibiting (collectively referred to herein as publication. Part III does not apply to unfair acts and practices and unfair ‘‘TBRS’’). These products are booklets or any publication or its advertising that is methods of competition, this consent pamphlets containing advice on dieting used to promote the sale of some other agreement, accepted subject to final and exercise in order to achieve weight product as part of a commercial scheme. Commission approval, would prohibit loss and body toning. The Part IV prohibits proposed the New York City-based advertising advertisements ran in teen-oriented respondents from representing that agency from misrepresenting the magazines. TBRS, or any substantially similar absolute or comparative amounts of The Commission’s complaint charges product, has any effect on weight or cholesterol, total fat, saturated fat, or that proposed respondents falsely body size, unless they disclose clearly any other fatty acid in eggs or in any represented that users of the TBRS are and prominently that the product meat, dairy, or poultry product and from not required to consciously diet to lose consists solely of a booklet or pamphlet misrepresenting the existence or results weight. The complaint also alleges that containing information and advice on of any test or study. The consent proposed respondents lacked a weight loss. Part V requires proposed agreement settles allegations arising reasonable basis when they made the respondents to disclose that diet or from Ayer’s role in creating following claims: (1) TBRS is effective exercise are required to lose weight in advertisements that conveyed allegedly in causing fast and significant weight connection with any representation deceptive claims regarding the effect of loss; (2) TBRS is effective in about the effect of weight-loss product Eggland’s Best eggs on blood significantly reducing body fat and on weight or body size, unless they have cholesterol. cellulite; (3) TBRS is effective in causing competent and reliable scientific DATES: Comments must be received on weight loss, fat reduction, and increased evidence to the contrary. or before May 28, 1996. muscle tone in specific, desired areas of Part VI requires Johnson & Collins ADDRESSES: Comments should be the body; and (4) TBRS is effective in Research to distribute a copy of the directed to: FTC/Office of the Secretary, burning excess calories, modifying order to certain current and future Room 159, 6th St. and Pa. Ave., NW., caloric intake, and converting food into company personnel. Part VII requires Washington, DC 20580. energy instead of fat. Finally, the proposed respondents to maintain, for FOR FURTHER INFORMATION CONTACT: complaint alleges that, in light of their five years, all materials that support, representations, proposed respondents’ contradict, qualify, or call into question C. Lee Peeler, Federal Trade failure to disclose in advertisements that any representations they make that are Commission, S–4002, 6th and TBRS consists only of booklets or covered by the proposed order. Under Pennsylvania Ave, NW., Washington, pamphlets containing advice concerning Part VIII of the proposed order, Johnson DC, 202–326–3090. techniques for reducing caloric intake & Collins Research is required to notify Justin Dingfelder, Federal Trade and/or increasing exercise, and that the Federal Trade Commission at least Commission, S–4302, 6th and reducing caloric intake and/or thirty days prior to any proposed change Pennsylvania Ave., NW., Washington, increasing exercise is required to lose in its corporate structure that may affect DC, 202–326–3088. weight, was a deceptive practice. compliance with the order’s obligations. SUPPLEMENTARY INFORMATION: Pursuant The proposed consent order contains Part IX requires that Gregor A. von to Section 6(f) of the Federal Trade provisions designed to remedy the Ehrenfels, for a period of three years, Commission Act, 38 Stat. 721, 15 U.S.C. violations charged and to prevent notify the Commission of his affiliation 46 and Section 2.34 of the Commission’s proposed respondents from engaging in with any new business or employment Rules of Practice (16 CFR 2.34), notice similar acts in the future. involving the advertising, offering for is hereby given that the following Part I of the proposed order prohibits sale, sale, or distribution of any weight- consent agreement containing a consent proposed respondents from representing loss product. Part X provides for the order to cease and desist, having been that TBRS, or any substantially similar termination of the order after twenty filed with and accepted, subject to final product, does not require dieting. Part II years under certain circumstances. Part approval, by the Commission, has been requires proposed respondents to XI obligates proposed respondents to placed on the public record for a period Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13203 of sixty (60) days. Public comment is complaint (in such form as the made in whole or in substantial part of invited. Such comments or views will circumstances may require) and the meat of cattle, sheep, swine, or be considered by the Commission and decision, in disposition of the goats; ‘‘dairy product’’ shall include any will be available for inspection and proceeding. food product for human consumption copying at its principal office in 5. This agreement is for settlement that is made in whole or in substantial accordance with Section 4.9(b)(6)(ii) of purposes only and does not constitute part from milk; and ‘‘poultry product’’ the Commission’s Rules of Practice (16 an admission by proposed respondent shall include any food product for CFR 4.9(b)(6)(ii)). that the law has been violated as alleged human consumption that is made in in the draft of complaint here attached, whole or in substantial part of the meat Before Federal Trade Commission or that the facts as alleged in the draft of any fowl. [File No. 952 3099] complaint, other than jurisdictional I In the Matter of N.W. Ayer & Son, Inc. d/ facts, are true. 6. The agreement contemplates that, if It is ordered that respondent N.W. b/a NW Ayer, Inc. a corporation; Agreement Ayer & Son, Inc. d/b/a NW Ayer, Inc., Containing Consent Order to Cease and it is accepted by the Commission, and Desist if such acceptance is not subsequently a corporation, its successors and withdrawn by the Commission pursuant assigns, and its officers, agents, The Federal Trade Commission to the provisions of Section 2.34 of the representatives and employees, directly having initiated an investigation of Commission’s Rules, the Commission or through any corporation, subsidiary, certain acts and practices of N.W. Ayer may, without further notice to proposed division or other device, in connection & Son, Inc. d/b/a NW Ayer, Inc., a respondent, (1) issue its complaint with the labeling, advertising, corporation, hereinafter sometimes corresponding in form and substance promotion, offering for sale, sale, or referred to as proposed respondent, and with the draft of complaint here distribution of any covered food product it now appearing that proposed attached and its decision containing the in or affecting commerce, as respondent is willing to enter into an following order to cease and desist in ‘‘commerce’’ is defined in the Federal agreement containing an order to cease disposition of the proceeding; and (2) Trade Commission Act, do forthwith and desist from the use of the acts and make information public in respect cease and desist from misrepresenting, practices being investigated, in any manner, directly or by It is hereby agreed by and between thereto. When so entered, the order to cease and desist shall have the same implication, through numerical or N.W. Ayer & Son, Inc. d/b/a NW Ayer, descriptive terms or any other means, Inc., by its duly authorized officer and force and effect and may be altered, modified or set aside in the same the absolute or comparative amount of its attorney, and counsel for the Federal cholesterol, total fat, saturated fat or any Trade Commission that: manner and within the same time provided by statute for other orders. The other fatty acid in such covered food 1. Proposed respondent N.W. Ayer & product. If any representation covered Son, Inc. d/b/a NW Ayer, Inc., is a order shall become final upon service. Delivery by the U.S. Postal Service of by this Part either directly or by corporation organized, existing and implication conveys any nutrient the complaint and decision containing doing business under and by virtue of content claim defined (for purposes of the agreed-to order to proposed the laws of the State of Delaware, with labeling) by any regulation promulgated respondent’s address as stated in this its office and principal place of business by the Food and Drug Administration, agreement shall constitute service. located at 825 Eighth Avenue, New or, if applicable, the United States Proposed respondent waives any right it York, New York 10019. Department of Agriculture, compliance may have to any other manner of 2. Proposed respondent admits all the with this Part shall be governed by the service. The complaint may be used in jurisdictional facts set forth in the draft qualifying amount for such defined construing the terms of the order, and of complaint here attached. claim as set forth in such regulation. 3. Proposed respondent waives: no agreement, understanding, (a) Any further procedural steps; representation, or interpretation not II (b) The requirement that the contained in the order or the agreement It is further ordered that respondent Commission’s decision contain a may be used to vary or contradict the N.W. Ayer & Son, Inc. d/b/a NW Ayer, statement of findings of fact and terms of the order. Inc., its successors and assigns, and its conclusions of law; and 7. Proposed respondent has read the officers, agents, representatives and (c) All rights to seek judicial review proposed complaint and order employees, directly or through any or otherwise to challenge or contest the contemplated hereby. It understands corporation, subsidiary, division or validity of the order entered pursuant to that once the order has been issued, it other device, in connection with the this agreement. will be required to file one or more labeling, advertising, promotion, 4. This agreement shall not become compliance reports showing that it has offering for sale, sale, or distribution of part of the public record of the fully complied with the order. Proposed any covered food product in or affecting proceeding unless and until it is respondent further understands that it commerce, as ‘‘commerce’’ is defined in accepted by the Commission. If this may be liable for civil penalties in the the Federal Trade Commission Act, do agreement is accepted by the amount provided by law for each forthwith cease and desist from making Commission, it, together with the draft violation of the order after it becomes any representation, in any manner, of complaint contemplated thereby, will final. directly or by implication, about the be placed on the public record for a Order absolute or comparative effect of such period of sixty (60) days and covered food product on serum information in respect thereto publicly Definition cholesterol, whether or not such released. The Commission thereafter For purposes of this order, the phrase covered food product is consumed as may either withdraw its acceptance of ‘‘covered food product’’ shall mean only part of an unrestricted diet or as part of this agreement and so notify the eggs and any meat, dairy, or poultry any specific dietary regimen, unless at proposed respondent, in which event it product. For purposes of this definition, the time of making the representation, will take such action as it may consider ‘‘meat product’’ shall include any food respondent possesses and relies upon appropriate, or issue and serve its product for human consumption that is competent and reliable scientific 13204 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices evidence substantiating such the Federal Meat Inspection Act or the X representation. For purposes of this Poultry Products Inspection Act. This order will terminate twenty years order, ‘‘competent and reliable scientific VI from the date of its issuance, or twenty evidence’’ shall mean tests, analyses, years from the most recent date that the research, studies or other evidence It is further ordered that for five (5) United States or the Federal Trade based on the expertise of professionals years after the last date of dissemination Commission files a complaint (with or in the relevant area, that has been of any representation covered by this without an accompanying consent conducted and evaluated in an objective order, respondent N.W. Ayer & Son, Inc. decree) in federal court alleging any manner by persons qualified to do so, d/b/a NW Ayer, Inc., or its successors violation of the order, whichever comes using procedures generally accepted in and assigns, shall maintain and upon later; provided, however, that the filing the profession to yield accurate and request make available to the Federal of such a complaint will not affect the reliable results. Trade Commission for inspection and duration of: III copying: A. Any paragraph in this order that It is further ordered that respondent A. All materials that were relied upon terminates in less than twenty years; N.W. Ayer & Son, Inc. d/b/a/ NW Ayer, in disseminating such representation; B. This order’s application to any Inc., its successors and assigns, and its and respondent that is not named as a officers, agents, representatives and B. All tests, reports, studies, surveys, defendant in such complaint; and employees, directly or through any demonstrations or other evidence in C. This order if such complaint if filed corporation, subsidiary, division or their possession or control that after the order has terminated pursuant other device, in connection with the contradict, qualify or call into question to this paragraph. labeling, advertising, promotion, such representation, or the basis relied Provided, further, that if such offering for sale, sale, or distribution of upon for such representation, including complaint is dismissed or a federal any covered food product in or affecting complaints from consumers and court rules that the respondent did not commerce, as ‘‘commerce’’ is defined in complaints or inquiries from violate any provision of the order, and the Federal Trade Commission Act, do governmental organizations. the dismissal or ruling is either not forthwith cease and desist from making appealed or upheld on appeal, then the any representation, in any manner, VII order will terminate according to this paragraph as though the complaint was directly or by implication, about the It is further ordered that respondent never filed, except that the order will absolute or comparative health benefits N.W. Ayer & Son, Inc. d/b/a NW Ayer, not terminate between the date such of such covered food product, including Inc., shall, within thirty (30) days after complaint is filed and the later of the but not limited to its effect on heart service upon it of this order, distribute deadline for appealing such dismissal or disease, unless at the time of making the a copy of the order to each of its ruling and the date such dismissal or representation, respondent possesses operating divisions, each of its ruling is upheld on appeal. and relies upon competent and reliable managerial employees, and each of its scientific evidence substantiating such officers, agents, representatives or Analysis of Proposed Consent Order To representation. employees engaged in the preparation or Aid Public Comment IV placement of advertising or other The Federal Trade Commission has materials covered by this order and It is further ordered that respondent accepted an agreement, subject to final shall secure from each such person a N.W. Ayer & Son, Inc. d/b/a/ NW Ayer, approval, to a proposed consent order signed statement acknowledging receipt Inc., its successors and assigns, and its from NW Ayer & Son, Inc. d/b/a/ NW of this order. officers, agents, representatives and Ayer, Inc. (‘‘Ayer’’). employees, directly or through any VIII The proposed consent order has been corporation, subsidiary, division or placed on the public record for sixty other device, in connection with the It is further ordered that respondent (60) days for the reception of comments labeling, advertising, promotion, N.W. Ayer & Son, Inc. d/b/a NW Ayer, by interested persons. Comments offering for sale, sale, or distribution of Inc., shall notify the Commission at received during this period will become any covered food product in or affecting least thirty (30) days prior to any part of the public record. After sixty commerce, as ‘‘commerce’’ is defined in proposed change in its corporate days, the Commission will again review the Federal Trade Commission Act, do structure, including but not limited to the agreement and the comments forthwith cease and desist from dissolution, assignment or sale resulting received and will decide whether it misrepresenting, in any manner, in the emergence of a successor should withdraw from the agreement or directly or by implication, the existence, corporation, the creation or dissolution make final the agreement’s proposed contents, validity, results, conclusions of subsidiaries or affiliates, or any other order. or interpretations of any test or study. corporate change that may affect This matter concerns advertising compliance obligations arising out of claims made by Ayer, an advertising V this order. agency, for eggs marketed by Eggland’s Nothing in this order shall prohibit IX Best, Inc. Eggland’s Best, Inc. is subject respondent N.W. Ayer & Son, Inc. d/b/ to a Commission consent order (Docket a/ NW Ayer, Inc., from making any It is further ordered that respondent No. C–3520), issued on August 15, 1994. representation that is specifically N.W. Ayer & Son, Inc. d/b/a NW Ayer, A separate consent decree with permitted in labeling for any product by Inc., shall, within sixty (60) days after Eggland’s Best regarding alleged regulations promulgated by the Food service of this order, and at such other violations of that consent order relating and Drug Administration pursuant to times as the Federal Trade Commission to the same advertisements will be filed the Nutrition Labeling and Education may require, file with the Commission in United States District Court. Act of 1990, or by nutrition labeling a report, in writing, setting forth in The Commission’s complaint in this regulations promulgated by the detail the manner and form in which it matter charges Ayer with engaging in Department of Agriculture pursuant to has complied with this order. unfair or deceptive practices in Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13205 connection with the advertising of Part VII of the order requires Ayer to which approval has expired; Title of Eggland’s Best eggs. According to the distribute copies of the order to its Information Collection: Medicare complaint, Ayer represented, without operating divisions and to various Uniform Institutional Provider Bill; adequate substantiation, that eating officers, agents and representatives of Form No.: HCFA–1450; Use: Medicare Eggland’s Best eggs (1) will not increase Ayer. reimbursement of claims. This form is serum cholesterol, and (2) will not Part VIII of the order requires Ayer to the standardized form used in the increase serum cholesterol as much as notify the Commission of any changes Medicare/Medicaid program to apply eating ordinary eggs. The complaint also in corporate structure that might affect for reimbursement for covered services alleges that Ayer falsely represented that compliance with the order. by all providers that accept Medicare/ (1) clinical studies have proven that Part IX of the order requires Ayer to Medicaid assigned claims. It will reduce adding twelve Eggland’s Best eggs per file with the Commission one or more cost and administrative burdens week to a low-fat diet does not increase reports detailing compliance with the associated with claims since only one serum cholesterol, (2) Eggland’s Best order. coding system is used and maintained. eggs are low in saturated fat, and (3) Part X of the order is a ‘‘sunset’’ Frequency: On occasion; Affected Eggland’s Best eggs are lower in provision, stating that the order will Public: Business or other for-profit, not- saturated fat than ordinary eggs. terminate twenty years from the date it for-profit institutions, Federal Finally, the complaint alleges that is issued unless a complaint is filed in Government, and State, local or tribal Ayer knew or should have known that federal court, by either the United States government; Number of Respondents: these claims were false and misleading. or the FTC, alleging any violation of the 123,432,041; Total Annual Hours The consent order contains provisions order. Requested: 1,890,490. designed to remedy the violations The purpose of this analysis is to To request copies of the proposed charged and to prevent Ayer from facilitate public comment on the paperwork collections referenced above, engaging in similar deceptive and unfair proposed order, and it is not intended E-mail your request, including your acts and practices in the future. to constitute an official interpretation of address, to [email protected], or call Part I of the order prohibits Ayer from the agreement and proposed order, or to the Reports Clearance Office on (410) misrepresenting the absolute or modify any of their terms. 786–1326. Written comments and comparative amount of cholesterol, total Donald S. Clark, recommendations for the proposed fat, saturated fat, or any other fatty acid Secretary. information collections should be sent in eggs, or any meat, dairy, or poultry [FR Doc. 96–7291 Filed 3–25–96; 8:45 am] within 30 days of this notice directly to product (‘‘covered food product’’). Part BILLING CODE 6750±01±M the OMB Desk Officer designated at the I also requires that any representation following address: OMB Human covered by that Part that conveys a Resources and Housing Branch, nutrient content claim defined for DEPARTMENT OF HEALTH AND Attention: Allison Eydt, New Executive labeling by any regulation of the Food HUMAN SERVICES Office Building, Room 10235, and Drug Administration (‘‘FDA’’) or Washington, D.C. 20503. United States Department of Agriculture Health Care Financing Administration Dated: March 14, 1996. (‘‘USDA’’) must comply with the Kathleen B. Larson, Agency Information Collection qualifying amount set forth in that Director, Management Planning and Analysis regulation. Activities: Submission for OMB Staff, Office of Financial and Human Part II of the order prohibits Ayer Review; Comment Request Resources, Health Care Financing from making any representation about AGENCY: Health Care Financing Administration. the absolute or comparative effect of any Administration, HHs. [FR Doc. 96–7222 Filed 3–25–96; 8:45 am] covered food product or serum In compliance with the Paperwork BILLING CODE 4120±03±P cholesterol unless it possesses and relies Reduction Act (44 U.S.C. 3501 et seq.), upon competent and reliable scientific this notice announces that the evidence substantiating the Information Collection Requirement National Institutes of Health representation at the time it is made. abstracted below has been submitted to Proposed Data Collection Available for Part III of the order prohibits Ayer the Office of Management and budget Public Comment and from making any representation about (OMB) for review and comment. Recommendations the absolute or comparative health Interested persons are invited to send benefits of the covered food product comments regarding the burden Section 3506(c)(2)(A) of the unless it possesses and relies upon estimate or any other aspect of this Paperwork Reduction Act of 1995 competent and reliable scientific collection of information, including any requires that Federal agencies provide a evidence substantiating the of the following subjects: (1) The 60-day notice in the Federal Register representation at the time it is made. necessity and utility of the proposed concerning each proposed collection of Part IV of the order prohibits Ayer information collection for the proper information. The National Institute of from misrepresenting the existence, performance of the agency—s functions; Dental Research (NIDR) of the National contents, validity, results, conclusions (2) the accuracy of the estimated Institutes of Health is publishing this or interpretations of any test or study. burden; (3) ways to enhance the quality, notice to solicit public comment on a Part V of the order provides that utility, and clarity of the information to proposed data collection: 1996–1997 representations that would be be collected; and (4) the use of National Survey of the Oral Health of specifically permitted in food labeling, automated collection techniques or U.S. School Children (OHSC III). under certain regulations issued by the other forms of information technology to Comments are invited on: (a) The FDA or USDA are not prohibited. minimize the information collection need for the information (b) its practical Part VI of the order requires Ayer to burden. utility, (c) the accuracy of the agency’s maintain copies of all materials relied Type of Information Collection burden estimate, and (d) ways to upon in making any representation Request: Reinstatement, with change, of minimize burden on respondents. Send covered by the order for five years. a previously approved collection for comments to Dr. Thomas F. Drury, 13206 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Disease Prevention and Health the design and implementation of a sociodemographic distribution of Promotion Branch, DEODP, NIDR, NIH, nationwide oral epidemiologic survey of certain oral diseases and disorders in Natcher Building, Room 3AN–44A, U.S. schoolchildren, grades K through U.S. schoolchildren, (2) oversample 9000 Rockville Pike, Bethesda, MD 12. The survey will provide the database selected minority schoolchildren to 20892. Written comments must be for a historical analysis of trends in provide statistically reliable baseline, received by May 28, 1996. To request a dental caries and other oral health national estimates of oral health for copy of the data collection plan and characteristics of U.S. schoolchildren. It Black nonHispanic and Hispanic instrument, call Dr. Drury on (301) 594– will provide for the first time schoolchildren, and (3) provide the 4916 (not a toll-free number). statistically reliable estimates of the oral database for the late nineties, needed to Proposed Project health of Black and Hispanic evaluate shorter- and longer-term trends 1996–1997 National Survey of the schoolchildren in the United States. The in coronal caries and certain other oral Oral Health of U.S. School Children objectives of this survey are to: (1) diseases and disorders. Burden (OHSC III)—New—This project is for Assess the relative frequency and estimates are as follows:

No. of re- Avg/burden/re- No. of responses per sponse spondents respondent (hours)

Parents ...... 32,410 1.00 .2505 Children ...... 32,410 2.06 .2910 School Principals ...... 586 1.00 .2505 School Administrators ...... 165 1.00 .1002

Dated: March 20, 1996. Drive, MSC 7965, Room 6116, Bethesda, MD These meetings will be closed in Yvonne H. du Buy, 20892–7965, (301) 435–0806. accordance with the provisions set forth in Purpose/Agenda: To evaluate and review secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Executive Officer, NIDR. grant applications. Applications and/or proposals and the [FR Doc. 96–7250 Filed 3–25–96; 8:45 am] This notice is being published less than 15 discussions could reveal confidential trade BILLING CODE 4140±01±M days prior to the above meeting due to the secrets or commercial property such as partial shutdown of the Federal Government patentable material and personal information and the urgent need to meet timing concerning individuals associated with the National Cancer Institute; Notice of limitations imposed by the review and applications and/or proposals, the disclosure Cancellation of Meetings funding cycle. of which would constitute a clearly Name of SEP: Institutional Development unwarranted invasion of personal privacy. Notice is hereby given of the Award. (Catalog of Federal Domestic Assistance cancellation of the closed meetings of Date: April 16–17, 1996. Program No. 93.333 Clinical Research, the National Cancer Institute Special Time: 8:00 a.m. National Institutes of Health, HHS) Emphasis Panel (SEP) of the National Place: Holiday Inn Bethesda, New Jersey Dated: March 20, 1996. Cancer Institute scheduled for March Room, 8120 Wisconsin Avenue, Bethesda, MD 20814, (301) 652–2000. Susan K. Feldman, 25–27 and 26–28, 1996, which were Committee Management Officer, NIH. published in the Federal Register on Contact Person: Dr. Jill Carrington, Scientific Review Administrator, 6705 [FR Doc. 96–7252 Filed 3–25–96; 8:45 am] March 19 (61 FR 11216). Rockledge Drive, MSC 7965, Room 6104, BILLING CODE 4140±01±M The meetings were cancelled due to Bethesda, MD 20892–7965, (301) 435–0822. administrative complications. Purpose/Agenda: To evaluate and review Dated: March 20, 1996. grant applications. National Institute of Allergy and Susan K. Feldman, Name of SEP: General Clinical Research Infectious Diseases; Notice of Centers Review Committee. Committee Management Officer, NIH. Cancellation of Meeting Date: May 8, 1996. [FR Doc. 96–7251 Filed 3–25–96; 8:45 am] Time: 7:30 a.m. Notice is hereby given of the BILLING CODE 4140±01±M Place: Sheraton Burlington Hotel, Room cancellation of the meeting of the One, 870 Williston Road, Burlington, VT National Institute of Allergy and 05403, (802) 862–6576. Infectious Diseases Special Emphasis National Center for Research Contact Person: Dr. Bela J. Gulyas, Deputy Panel (SEP), National Institute of Resources, Notice of Closed Meetings Director, Office of Review, 6705 Rockledge Drive, MSC 7965, Room 6116, Bethesda, MD Allergy and Infectious Diseases, March Pursuant to Section 10(d) of the 20892–7965, (301) 435–0806. 20–21, 1996, Georgetown Holiday Inn, Federal Advisory Committee Act, as Purpose/Agenda: To evaluate and review 2101 Wisconsin Avenue, N.W., amended (5 U.S.C. Appendix 2), notice grant applications. Washington, D.C., which was published is hereby given of the following Name of SEP: General Clinical Research in the Federal Register on February 27, National Center Research Resources Centers Review Committee. 1996, (61 FR 7269). Special Emphasis Panel (SEP) meetings: Date: June 5, 1996. The meeting was cancelled due to Time: 7:30 a.m. complications of other commitments of Name of SEP: General Clinical Research Place: Holiday Inn Financial District, Jade several members of the SEP and will be Centers Review Committee. Room, 750 Kearny Street, San Francisco, CA Date: April 10, 1996. 94108, (415) 433–6484. rescheduled at a later date. Time: 7:30 a.m. Contact Person: Dr. Bela J. Gulyas, Deputy Dated: March 20, 1996. Place: Novotel New York Hotel, London Director, Office of Review, 6705 Rockledge Susan K. Feldman, Room, 226 West 52nd Street, New York, NY Drive, MSC 7965, Room 6116, Bethesda, MD Committee Management Officer, NIH. 10019–5804, (212) 315–1313. 20892–7965, (301) 435–0806. Contact Person: Dr. Bela J. Gulyas, Deputy Purpose/Agenda: To evaluate and review [FR Doc. 96–7253 Filed 3–25–96; 8:45 am] Director, Office of Review, 6705 Rockledge grant applications. BILLING CODE 4140±01±M Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13207

National Institute of Allergy and The meeting will be closed in accordance National Institute of Mental Health; Infectious Diseases, Notice of Closed with the provisions set forth in secs. Notice of Closed Meeting Meeting 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Applications and/or proposals and the Pursuant to Section 10(d) of the Pursuant to Section 10(d) of the discussions could reveal confidential trade Federal Advisory Committee Act, as Federal Advisory Committee Act, as secrets or commercial property such as amended (5 U.S.C. Appendix 2), notice patentable material and personal information amended (5 U.S.C. Appendix 2), notice concerning individuals associated with the is hereby given of the following meeting is hereby given of the following applications and/or proposals, the disclosure of the National Institute of Mental National Institute of Allergy and of which would constitute a clearly Health Special Emphasis Panel: Infectious Diseases Special Emphasis unwarranted invasion of personal privacy. Agenda/Purpose: To review and evaluate Panel (SEP) meeting: This notice is being published less than grant applications. fifteen days prior to the meeting due to the Committee Name: National Institute of Name of SEP: Mucosal and Synovial Gene urgent need to meet timing limitations Mental Health Special Emphasis Panel. Transfer. imposed by the review and funding cycle. Date: April 11, 1996. Date: April 1, 1996. (Catalog of Federal Domestic Assistance Time: 9:00 a.m. Time: 11 a.m. Program Numbers 93.242, 93.281, 93.282) Place: Georgetown Holiday Inn, 2101 Place: Residence Inn, 7335 Wisconsin Wisconsin Avenue, N.W., Washington, DC Dated: March 20, 1996. Avenue, Bethesda, MD 20814. 20007, (202) 338–4600. Susan K. Feldman, Contact Person: Rehana A. Chowdhury, Contact Person: Dr. Madelon C. Halula, Committee Management Officer, NIH. Parklawn Building, Room 9C–26, 5600 Fisher Lane, Rockville, MD 20857, Telephone: 301 Scientific Review Adm., 6003 Executive [FR Doc. 96–7255 Filed 3–25–96; 8:45 am] Boulevard, Solar Bldg., Room 4C16, 443–6470. BILLING CODE 4140±01±M Bethesda, MD 20892, (301) 496–2550. The meeting will be closed in accordance Purpose/Agenda: To evaluate grant with the provisions set forth in secs. applications. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. The meeting will be closed in accordance National Institute of Mental Health, Applications and/or proposals and the with the provisions set forth in secs. Notice of Closed Meetings discussions could reveal confidential trade secrets or commercial property such as 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Pursuant to Section 10(d) of the Applications and/or proposals and the patentable material and personal information discussions could reveal confidential trade Federal Advisory Committee Act, as concerning individuals associated with the secrets or commercial property such as amended (5 U.S.C. Appendix 2), notice applications and/or proposals, the disclosure patentable material and personal information is hereby given of the following of which would constitute a clearly concerning individuals associated with the meetings of the National Institute of unwarranted invasion of personal privacy. applications and/or proposals, the disclosure Mental Health Special Emphasis Panel: This notice is being published less than fifteen days prior to the meeting due to the of which would constitute a clearly Agenda/Purpose: To review and evaluate unwarranted invasion of personal privacy. urgent need to meet timing limitations grant applications imposed by the review and funding cycle. This notice is being published less than 15 Committee Name: National Institute of days prior to the meeting due to the urgent Mental Health Special Emphasis Panel. (Catalog of Federal Domestic Assistance need to meet timing limitations imposed by Date: April 24, 1996. Program Numbers 93.242, 93.281, 93.282) the review and funding cycle. Time: 11:15 a.m. Dated: March 20, 1996. (Catalog of Federal Domestic Assistance Place: Parklawn Building, Room 9C–18, Susan K. Feldman, Programs Nos. 93.855, Immunology, Allergic 5600 Fishers Lane, Rockville, MD 20857. Committee Management Officer, NIH. and Immunologic Diseases Research; 93.856, Contact Person: Phyllis L. Zusman, Microbiology and Infectious Diseases Parklawn Building, Room 9C–18, 5600 [FR Doc. 96–7257 Filed 3–25–96; 8:45 am] Research, National Institutes of Health.) Fishers Lane, Rockville, MD 20857, BILLING CODE 4140±01±M Dated: March 20, 1996. Telephone: 301, 443–1340. Susan K. Feldman, Committee Name: National Institute of Mental Health Special Emphasis Panel. Division of Research Grants; Notice of Committee Management Officer, NIH. Date: April 29, 1996. Closed Meetings [FR Doc. 96–7254 Filed 3–25–96; 8:45 am] Time: 9 a.m. BILLING CODE 4140±01±M Place: Bethesda Ramada Inn, 8400 Pursuant to Section 10(d) of the Wisconsin Avenue, Bethesda, MD 20814. Federal Advisory Committee Act, as Contact Person: Phyllis L. Zusman, amended (5 U.S.C. Appendix 2), notice National Institute of Mental Health, Parklawn Building, Room 9C–18, 5600 is hereby given of the following Division Notice of Closed Meeting Fishers Lane, Rockville, MD 20857, of Research Grants Special Emphasis Telephone: 301, 443–1340. Panel (SEP) meetings: Pursuant to Section 10(d) of the The meetings will be closed in accordance Federal Advisory Committee Act, as with the provisions set forth in secs. Purpose/Agenda: To review individual amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. grant applications. Applications and/or proposals and the Name of SEP: Microbiological and is hereby given of the following meeting discussions could reveal confidential trade Immunological Sciences. of the National Institute of Mental secrets or commercial property such as Date: April 8, 1996. Health Special Emphasis Panel: patentable material and personal information Time: 1:00 p.m.. Agenda/Purpose: To review and evaluate concerning individuals associated with the Place: NIH, Rockledge 2, Room 4210, grant applications. applications and/or proposals, the disclosure Telephone Conference. Committee Name: National Institute of of which would constitute a clearly Contact Person: Dr. Bruce A. Maurer, Mental Health Special Emphasis Panel. unwarranted invasion of personal privacy. Scientific Review Administrator, 6701 Date: April 2, 1996. (Catalog of Federal Domestic Assistance Rockledge Drive, Room 4210, Bethesda, Time: 1:30 p.m. Program Numbers 93.242, 93.281, 93.282) Maryland 20892, (301) 435–1225. Place: Parklawn Building, Room 9C–26, Dated: March 20, 1996. Name of SEP: Biological and Physiological 5600 Fishers Lane, Rockville, MD 20857. Susan K. Feldman, Sciences. Contact Person: Sheri L. Schwartzback, Date: April 11, 1996. Parklawn Building, Room 9C–26, 5600 Committee Management Officer, NIH. Time: 1:00 p.m.. Fishers Lane, Rockville, MD 20857, [FR Doc. 96–7256 Filed 3–25–96; 8:45 am] Place: NIH, Rockledge 2, Room 4152, Telephone: 301, 443–4843. BILLING CODE 4140±01±M Telephone Conference. 13208 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Contact Person: Dr. Marcelina Powers, discussions could reveal confidential trade Name of SEP: Clinical Sciences. Scientific Review Administrator, 6701 secrets or commercial property such as Date: May 2, 1996. Rockledge Drive, Room 4152, Bethesda, patentable material and personal information Time: 3:00 p.m. Maryland 20892, (301) 435–1720. concerning individuals associated with the Place: NIH, Rockledge 2, Room 4136, Name of SEP: Biological and Physiological applications and/or proposals, the disclosure Telephone Conference. Sciences. of which would constitute a clearly Contact Person: Dr. Gordon Johnson, Date: April 12, 1996. unwarranted invasion of person privacy. Scientific Review Administrator, 6701 Time: 1:00 p.m. (Catalog of Federal Domestic Assistance Rockledge Drive, Room 4136, Bethesda, Place: NIH, Rockledge 2, Room 4152, Program Nos. 93.306, 93.333, 93.337, 93.393– Maryland 20892, (301) 435–1212. Telephone Conference. 93.396, 93.837–93.844, 93.846–93.878, The meetings will be closed in accordance Contact Person: Dr. Marcelina Powers, 93.892, 93,893, National Institutes of Health, with the provisions set forth in secs. 552(c)(4) Scientific Review Administrator, 6701 HHS) and 552b(c)(6), Title 5, U.S.C. Applications Rockledge Drive, Room 4152, Bethesda, Date: March 20, 1996. and/or proposals and the discussions could Maryland 20892, (301) 435–1720. Susan K. Feldman, reveal confidential trade secrets or commercial property such as patentable Name of SEP: Biological and Physiological Committee Management Officer, NIH. Sciences. material and personal information [FR Doc. 96–7258 Filed 3–25–96; 8:45 am] Date: April 12, 1996. concerning individuals associated with the Time: 10:30 a.m. BILLING CODE 4140±01±M applications and/or proposals, the disclosure Place: NIH, Rockledge 2, Room 6172, of which would constitute a clearly Telephone Conference. unwarranted invasion of personal privacy. Contact Person: Dr. Cheryl Corsaro, Division of Research Grants; Notice of (Catalog of Federal Domestic Assistance Scientific Review Administrator, 6701 Closed Meetings Program Nos. 93.306, 93.333, 93.337, 93.393– Rockledge Drive, Room 6172, Bethesda, 93.396, 93.837–93.844, 93.846–93.878, Maryland 20892, (301) 435–1045. Pursuant to Section 10(d) of the 93.892, 93.893, National Institutes of Health This notice is being published less than 15 Federal Advisory Committee Act, as HHS) days prior to the above meetings due to the amended (5 U.S.C. Appendix 2), notice Dated: March 20, 1996. partial shutdown of the Federal Government is hereby given of the following Division Susan K. Feldman, and the urgent need to meet timing of Research Grants Special Emphasis Committee Management Officer, NIH. limitations imposed by the review and Panel (SEP) meetings: funding cycle. [FR Doc. 96–7271 Filed 3–25–96; 8:45 am] Purpose/Agenda: To review individual Name of SEP: Microbiological and BILLING CODE 4140±01±M grant applications. Immunological Sciences. Name of SEP: Chemistry and Related Date: April 15, 1996. Sciences. Time: 1:00 p.m. Date: April 9, 1996. DEPARTMENT OF THE INTERIOR Place: NIH, Rockledge 2, Room 4178, Time: 1:00 p.m. Telephone Conference. Place: NIH, Rockledge, 2 Room 4176, Bureau of Land Management Contact Person: Dr. Jean Hickman, Telephone Conference. Scientific Review Administrator, 6701 Contact Person: Dr. Mike Radtke, Scientific [NV±960±1060±02±24 1A] Rockledge Drive, Room 4178, Bethesda, Review Administrator, 6701 Rockledge Drive, Maryland 20892, (301) 435–1146. Room 4176, Bethesda, Maryland 20892, (301) Extension of Approved Information Purpose/Agenda: To review Small 435–1728. Collection, OMB Number 1004±0042 Business Innovation Research. Name of SEP: Clinical Sciences. AGENCY: Bureau of Land Management, Name of SEP: Biological and Physiological Date: April 11, 1996. Sciences. Time: 3:00 p.m. Interior. Date: April 15–16, 1996. Place: NIH, Rockledge 2, Room 4136, ACTION: Notice and request for Time: 9:00 a.m. Telephone Conference. comments. Place: One Washington Circle Hotel, Contact Person: Dr. Gordon Johnson, Washington, DC. Scientific Review Administrator, 6701 SUMMARY: In accordance with the Contact Person: Dr. Anita Sostek, Scientific Rockledge Drive, Room 4136, Bethesda, Paperwork Reduction Act of 1995, the Review Administrator, 6701 Rockledge Drive, Maryland 20892, (301) 435–1212. Bureau of Land Management (BLM) is Room 5202, Bethesda, Maryland 20892, (301) Name of SEP: Clinical Sciences. announcing its intention to request 435–1260. Date: April 12, 1996. renewal of existing approval to collect Name of SEP: Behavioral and Time: 1:00 p.m. certain information from those Neurosciences. Place: NIH, Rockledge 2, Room 4136, Date: April 18, 1996. Telephone Conference. requesting to adopt a wild horse or Time: 8:30 a.m. Contact Person: Dr. Gordon Johnson, burro. BLM needs this information to Place: Bethesda Marriott Pooks Hill, Scientific Review Administrator, 6701 determine whether individuals are Bethesda, MD. Rockledge Drive, Room 4136, Bethesda, qualified to provide humane care and Contact Person: Dr. Leonard Jakubczak, Maryland 20892, (301) 435–1212. proper treatment (including proper Scientific Review Administrator, 6701 This notice is being published less than 15 transportation, feeding and handling) to Rockledge Drive, Room 5172, Bethesda, days prior to the above meetings due to the an adopted wild horse or burro. Maryland 20892, (301) 435–1247. partial shutdown of the Federal Government DATES: Comments on the proposed Name of SEP: Biological and Physiological and the urgent need to meet timing Sciences. limitations imposed by the review and information collection must be received Date: April 26, 1996. funding cycle. by May 28, 1996 to be assured of Time: 8:00 a.m. Name of SEP: Behavioral and consideration. Place: Double Tree Hotel, Rockville, MD. Neurosciences. ADDRESSES: Comments may be mailed Contact Person: Dr. Abubakar A. Shaikh, Date: April 22, 1996. to: Regulatory Management Team (420), Scientific Review Administrator, 6701 Time: 3:00 p.m. Bureau of Land Management, 1849 C Rockledge Drive, Room 6166, Bethesda, Place: NIH, Rockledge 2, Room 5176, Street NW., Room 401LS, Washington, Maryland 20892, (301) 435–1042. Telephone Conference. The meetings will be closed in accordance Contact Person: Dr. Carole Jelsema, DC 20240. with the provisions set forth in secs. Scientific Review Administrator, 6701 Comments may be sent via Internet to: 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Rockledge Drive, Room 5176, Bethesda, [email protected]. Please include Applications and/or proposals and the Maryland 20892, (301) 435–1248. ‘‘ATTN: 1004–0042’’ and your name Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13209 and return address in your Internet required by the Wild Horse and Burro must be: (1) At least 18 years of age, (2) message. Regulations, 43 CFR 4750.3, and is used a resident of the United States or its Comments may be hand-delivered to to determine an individual’s territories and maintain the animal in the Bureau of Land Management qualifications for providing care and the United States or its territories, (3) Administrative Record, Room 401, 1620 humane treatment of wild horses or have no convictions for violations of 43 L Street, NW., Washington, DC. burros. The Application for Adoption of CFR 4700 regulations, and (4) have no Comments will be available for public Wild Horse(s) and Burros(s) form convictions for inhumane treatment of review at the L Street address during requires that the applicant furnish the animals. The frequency of response is regular business hours (7:45 a.m. to 4:15 following information: (1) The once for an individual to adopt a wild p.m.), Monday through Friday. applicants name, address, and horse or burro. The number of responses FOR FURTHER INFORMATION CONTACT: telephone number, (2) the applicant’s per year is estimated to be about 30,000. Robert Mitchell, (702) 785–6583. driver’s license number, (3) applicant’s The estimated total annual burden on SUPPLEMENTARY INFORMATION: In birth date, (4) an indication of the new respondents is about 5,000 hours. accordance with 5 CFR 1320.12(a), BLM number and species of animals the Any interested member of the public is required to provide 60-day notice in applicant wishes to adopt, (5) map to may request and obtain, without charge, the Federal Register concerning a where the adopted wild horse or burro a copy of Form 4710–10 by contacting collection of information contained in a will be located, (6) questions the the person identified under FOR FURTHER published current rule to solicit applicant whether he understands the INFORMATION CONTACT. comments on (a) whether the proposed restrictions related to adopting an All responses to this notice will be animal, (7) information requested about collection of information is necessary summarized and included in the request the physical characteristics of the site for the proper performance of the for Office of Management and Budget where the animals will be kept, (8) functions of the agency, including approval. All comments will also information about whether more than whether the information will have become a matter of public record. four untitled animals will be cared for practical utility; (b) the accuracy of the Dated: March 20, 1996. at this location, (9) information about agency’s estimate of the burden of the Annetta L. Cheek, whether someone else will select, proposed collection of information, transport, or care for the animals, and, Chief, Regulatory Management Team. including the validity of the (10) whether the applicant has ever been [FR Doc. 96–7207 Filed 3–25–96; 8:45 am] methodology and assumptions used; (c) convicted of abuse or inhumane BILLING CODE 4310±84±P ways to enhance the quality, utility, and treatment of animals, violation of the clarity of the information to be Wild Free-Roaming Horse and Burro Act [WO±330±1030±02±24 1A] collected; and (d) ways to minimize the or the Wild Horse and Burro burden of the collection of information Regulations. Extension of Approved Information on those who are to respond, including BLM uses the information provided Collection, OMB Number 1004±0058 through the use of appropriate by the applicant to determine whether automated, electronic, mechanical, or individuals are qualified to provide AGENCY: Bureau of Land Management, other technological collection humane care and proper treatment Interior. techniques or other forms of information (including proper transportation, ACTION: Notice and request for technology. BLM will receive and feeding and handling) to an adopted comments. analyze any comments sent in response wild horse or burro. Upon approval of SUMMARY: In accordance with the to this notice and include them with its the application by a BLM Authorized Paperwork Reduction Act of 1995, the request for approval from the Office of Officer and completion of a Private Bureau of Land Management (BLM) is Management and Budget under 44 Maintenance and Care Agreement, the announcing its intention to request U.S.C. 3501 et seq. individual may adopt a wild horse or Section 3 (b) (2) (B) of Public Law 92– burro. The information, which is renewal of existing approval to collect 195, as amended (commonly referred to required by law, is a voluntary, certain information from Federal timber as the Wild Free-Roaming Horse and nonrecurring submission necessary to purchasers to allow the BLM to Burro Act), requires that BLM provide receive a benefit. There is no other determine compliance with export healthy excess animals for adoption by source for the required information, and restrictions. Federal timber purchasers individuals the Secretary determines are failure of the applicant to furnish the must keep records of Federal timber qualified to provide humane care and required information will result in the volume purchased and private timber proper treatment (including proper applicant not being allowed to adopt a volume exported for a period of three transportation, feeding and hauling). wild horse or burro. years from the date the activity The implementing regulations are found The collection of information is short, occurred. BLM uses this information to in 43 CFR Subpart 4750—Private simple and not inconvenient to the administer export restrictions on BLM Maintenance. The regulations were applicant. Valuable dialogue normally timber sales and to determine whether issued on March 3, 1968 (51 FR 7414) occurs during the approval process substitution of Federal timber for and last amended on September 25, when the BLM conducts an interview exported private timber has occurred. 1990 (55 FR 39152). Under the with the applicant to ensure that the DATES: Comments on the proposed voluntary program, individuals must applicant understands the obligations information collection must be received inform the BLM of their interest and and prohibited acts and that the adopter by May 28, 1996 to be assured of willingness to adopt. The adoption is knowledgeable about horse or burros consideration. application requirement provides or has access to assistance from a ADDRESSES: Comments may be mailed individuals a mechanism to inform BLM knowledgeable individual. Based on to: Regulatory Management Team (420), of their interest and to submit their BLM’s experience administering the Bureau of Land Management, 1849 C credentials for determination of their activities described above, the public Street NW, Room 401LS, Washington, qualifications. reporting burden for the information D.C. 20240. The Application for Adoption of Wild collected is estimated to average ten Comments may be sent via Internet to: Horse(s) or Burro(s), Form 4710–10, is minutes per response. The respondents [email protected]. Please include 13210 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

‘‘ATTN: 1004–0058’’ and your name June 13, 1970 (35 FR 9785). The [WO±330±1030±02±24 1A] and return address in your Internet regulations were amended on March 26, message. 1976 (41 FR 12658) to reflect the Extension of Approved Information Collection, OMB Number 1004±0113 Comments may be hand-delivered to prohibition against export and the Bureau of Land Management substitution, and last amended on AGENCY: Bureau of Land Management, Administrative Record, Room 401, 1620 March 11, 1991 (56 FR 10175). Timber Interior. L Street, NW, Washington, DC. purchasers or their affiliates must ACTION: Notice and request for Comments will be available for public provide the information listed at 43 CFR comments. review at the L Street address during 5424.1(a). BLM collects the purchaser’s regular business hours (7:45 a.m. to 4:15 name, timber contract number, SUMMARY: In accordance with the p.m.), Monday through Friday. processing facility location, total Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is FOR FURTHER INFORMATION CONTACT: volume of Federal timber purchased on announcing its intention to request Dwight Fielder, (202) 452–7758. an annual basis, total volume of private renewal of existing approval to collect SUPPLEMENTARY INFORMATION: In timber exported on an annual basis, and accordance with 5 CFR 1320.12(a), BLM certain information from prospective method of measuring the volume using Federal timber purchasers to allow the is required to provide 60-day notice in BLM Form 5460–17, Substitution the Federal Register concerning a BLM to determine the qualification of Determination. The regulations at 43 the purchaser to bid on a timber sale collection of information contained in a CFR 5424.1(b) requires that purchasers published current rule to solicit contract and to document written and or affiliates retain a record of Federal comments on (a) whether the proposed sealed bids and bid deposits. BLM uses timber acquisitions and private timber collection of information is necessary this information to administer the for the proper performance of the exports for three years from the date the timber sale contracting process by functions of the agency, including activity occurred. ensuring only qualified bidders are whether the information will have BLM uses the information to participating and that the bidding practical utility; (b) the accuracy of the determine if there was a substitution of process is not compromised. agency’s estimate of the burden of the Federal timber for exported private DATES: Comments on the proposed proposed collection of information, timber in violation of 43 CFR information collection must be received including the validity of the 5400.(3)(c). If BLM did not collect this by May 28, 1996 to be assured of methodology and assumptions used; (c) information, it could not protect against consideration. ways to enhance the quality, utility, and export and substitution. ADDRESSES: Comments may be mailed clarity of the information to be to: Regulatory Management Team (420), Based on BLM’s experience collected; and (d) ways to minimize the Bureau of Land Management, 1849 C administering timber contracts, the burden of the collection of information Street NW, Room 401LS, Washington, on those who are to respond, including public reporting burden for the D.C. 20240. through the use of appropriate information collected is estimated to Comments may be sent via Internet to: automated, electronic, mechanical, or average one hour per response. The [email protected]. Please include other technological collection respondents are Federal timber ‘‘ATTN: 1004–0113’’ and your name techniques or other forms of information purchasers who have exported private and return address in your Internet technology. BLM will receive and timber within one year preceding the message. analyze any comments sent in response purchase date of Federal timber and/or Comments may be hand-delivered to to this notice and include them with its affiliates of a timber purchaser who the Bureau of Land Management request for approval from the Office of exported private timber within one year Administrative Record, Room 401, 1620 Management and Budget under 44 before the acquisition of Federal timber L Street, NW, Washington, DC. U.S.C. 3501 et seq. from the purchaser. The frequency of Comments will be available for public BLM manages and sells timber located response for substitution determination review at the L Street address during on the revested Oregon and California is annually. The number of responses regular business hours (7:45 a.m. to 4:15 Railroad and the reconveyed Coos Bay per year is estimated to be about 100. p.m.), Monday through Friday. Wagon Road Grant Lands pursuant to The estimated total annual burden on FOR FURTHER INFORMATION CONTACT: authority of the Act of August 28, 1937 new respondents is about 100 hours. Dwight Fielder, (202) 452–7758. (50 Stat. 875, 43 U.S.C. 1181e). BLM SUPPLEMENTARY INFORMATION: In Any interested member of the public manages and sells timber located on accordance with 5 CFR 1320.12(a), BLM other lands under the jurisdiction of the may request and obtain, without charge, is required to provide 60-day notice in BLM pursuant to the Act of July 31, a copy of Form 5460–17 by contacting the Federal Register concerning a 1947, as amended (61 Stat. 681, 30 the person identified under FOR FURTHER collection of information contained in a U.S.C. 601 et seq.). The Department of INFORMATION CONTACT. published current rule to solicit the Interior and Related Agencies All responses to this notice will be comments on (a) whether the proposed Appropriation Acts of 1975 and 1976 summarized and included in the request collection of information is necessary contained a requirement for the for Office of Management and Budget for the proper performance of the inclusion of provisions in timber sale approval. All comments will also functions of the agency, including contracts that will assure that un- become a matter of public record. whether the information will have processed timber sold from public lands practical utility; (b) the accuracy of the under the jurisdiction of the BLM will Dated: March 20, 1996. agency’s estimate of the burden of the not be exported or used by the Dr. Annetta L. Cheek, proposed collection of information, purchasers as a substitute for timber Chief, Regulatory Management Team. including the validity of the they export or sell for export. The [FR Doc. 96–7208 Filed 3–25–96; 8:45 am] methodology and assumptions used; (c) implementing regulations are found at BILLING CODE 4310±84±P ways to enhance the quality, utility, and 43 CFR 5400, Sales of Forest Products; clarity of the information to be General. The regulations were issued on collected; and (d) ways to minimize the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13211 burden of the collection of information is controlled by the number of National Park Service on those who are to respond, including advertised sales conducted. The number through the use of appropriate of responses is estimated to be 500 from National Register of Historic Places; automated, electronic, mechanical, or experience with the number of bidders Notification of Pending Nominations other technological collection qualifying for timber sales over the past techniques or other forms of information 3 years. The estimated total annual Nominations for the following technology. BLM will receive and burden on respondents is about 625 properties being considered for listing analyze any comments sent in response hours. in the National Register were received to this notice and include them with its by the National Park Service before request for approval from the Office of Any interested member of the public March 16, 1996. Pursuant to section Management and Budget under 44 may request and obtain, without charge, 60.13 of 36 CFR Part 60 written U.S.C. 3501 et seq. a copy of Form 5440–9 by contacting the comments concerning the significance BLM manages and sells timber located person identified under FOR FURTHER of these properties under the National on the revested Oregon and California INFORMATION CONTACT. Register criteria for evaluation may be Railroad and the reconveyed Coos Bay All responses to this notice will be forwarded to the National Register, Wagon Road Grant Lands pursuant to summarized and included in the request National Park Service, P.O. Box 37127, authority of the Act of August 28, 1937, for Office of Management and Budget Washington, D.C. 20013–7127. Written (50 Stat. 875, 43 U.S.C. 1181e). BLM approval. All comments will also comments should be submitted by April manages and sells timber located on become a matter of public record. 10, 1996. other lands under the jurisdiction of the March 21, 1996. BLM pursuant to the Act of July 31, Dated: March 20, 1996. Carol D. Shull, 1947, as amended (61 Stat. 681, 30 Dr. Annetta L. Cheek, Keeper of the National Register. U.S.C. 601 et seq.). The implementing Chief, Regulatory Management Team. regulations are found at 43 CFR 5400, [FR Doc. 96–7209 Filed 3–25–96; 8:45 am] CALIFORNIA Sales of Forest Products; General. The regulations were issued on June 13, BILLING CODE 4310±84±P Los Angeles County 1970 (35 FR 9785), amended on March Palos Verdes Public Library and Art 8, 1973 (38 FR 6280), September 2, 1982 Gallery—Farnham Martin’s Park (Boundary (47 FR 38696), and last amended on July [OR±130±1020±00; GP6±102] Increase), 2400 Via Campesina, Palos 17, 1987 (52 FR 26983). A bidder or Verdes, 96000393 purchaser for the sale of timber must be Notice of Meeting of Eastern San Pedro Municipal Ferry Building, (1) an individual who is a citizen of the Washington Resource Advisory Berth 84, foot of 6th St., United States, (2) a partnership Council San Pedro, 96000392 composed wholly of such citizens, (3) FLORIDA an unincorporated association AGENCY: Bureau of Land Management, composed wholly of such citizens, or (4) Spokane District. Okaloosa County World War II JB—2 Launch Site, a corporation authorized to transact ACTION: Meeting of Eastern Washington business in the States in which the Address Restricted, Resource Advisory Council; Spokane, timber is located (43 CFR 5441.1). BLM Fort Walton Beach vicinity, 96000395 Washington; April 26, 1996. collects the purchaser’s name and World War II JB—2 Mobile Launch Site, address, tract number, sale name, sale Address Restricted, notice date, BLM District, evidence of SUMMARY: A meeting of the Eastern Fort Walton Beach vicinity, 96000394 Washington Resource Advisory Council qualification, bid deposit type and GEORGIA amount, product type or timber species, will be held on April 26, 1996, unit, estimated volume or quantity, unit beginning at 8:00 a.m. at the Quality Inn Burke County price and total value using BLM Form Valley Suites Hotel, E. 8923 Mission Haven Memorial Methodist Episcopal 5440–9, Deposit and Bid for Timber. Avenue, Spokane, Washington, 99212. Church, BLM uses the information to At an appropriate time, the Council Barron St., S of Jct. of Barron and 6th Sts., determine that a prospective purchaser meeting will recess for approximately Waynesboro, 96000397 has met the regulatory requirements to one hour for lunch. The meeting will HAWAII qualify for bidding and that the bid adjourn upon conclusion of business. offered meets the minimum acceptable Public comments will be received from Kauai County amount. If BLM did not collect this 10:00 a.m. to 10:30 a.m. The topic to be Yamase Building, information, unqualified prospective discussed is Standards and Guidelines 4493 Moana Rd., purchasers might enter into the timber for livestock grazing. Waimea, 96000398 sale contracting process and the bidding process may be compromised. FOR FURTHER INFORMATION CONTACT: ILLINOIS Based on BLM’s experience Richard Hubbard, Bureau of Land Peoria County administering timber sales, the public Management, Spokane District Office, Grand View Drive, reporting burden for the information 1103 N. Fancher, Spokane, Washington, Roughly bounded by N. Prospect Rd., the collected is estimated to average one 99212; or call 509–536–1200. Illinois River bluffs, Adams St., and the and one quarter hours per response. Grand View Dr. W. right of way, Dated: March 21, 1996. This includes time to read and Peoria, 96000399 understand the instructions, consult the Joseph K. Buesing, IOWA timber sale prospectus, make a District Manager. determination of the value of the [FR Doc. 96–7372 Filed 3–25–96; 8:45 am] Guthrie County products and fill out the form. The BILLING CODE 4310±33±P Masonic Temple Building, respondents are prospective timber 1311 N. 2nd St., purchasers. The frequency of response Stuart, 96000400 13212 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

MARYLAND (Public Works Buildings MPS) Act of 1969, as amended, the Bureau of 369 S. University St., Harford County Reclamation, acting as lead Federal Salt Lake City, 96000414 agency, in conjunction with the Vineyard, The (Boundary Decrease), 1201 Conowingo Rd., Summit County Northern Cheyenne Tribe and the Bel Air vicinity, 96000402 Union Pacific Park City Branch Railroad Montana Department of Natural Grade, Resources and Conservation, has Somerset County RR grade parallel to I–80 from Echo to Park prepared a Final Environmental Impact St. Paul’s Methodist Episcopal Church, City, Statement on the Tongue River Basin Jct. of MD 413 and Sign Rd., Echo vicinity, 96000413 Project portion of the Northern Westover, 96000403 WASHINGTON Cheyenne Indian Reserved Water Rights MISSOURI Kitsap County Settlement Act of 1992 (Settlement Act). Pike County The proposed action affects the Fort Ward Historic District (Boundary following trust assets of the Northern Louisiana Public Library, Increase), 121 N. 3rd St., Fort Ward, approximately .5 mi. N of Beans Cheyenne Indian Tribe (Tribe) (1) the Louisiana, 96000401 Pt., Tribe’s existing water supplies held in Bainbridge Island, 96000415 Tongue River Reservoir; (2) the safety of NEW JERSEY Whatcom County downstream Tribal lands; and (3) Sussex County additional water for the Tribe’s use in Skagit River and Newhalem Creek the Tongue River Basin. The FEIS High Point Park Historic District, Hydroelectric Projects Roughly bounded by the NJ—NY state line (Hydroelectric Power Plants MPS) evaluates the impact to the environment and Deckertown Tnpk. between NJ 23 and At Newhalem on the Skagit River and at Ross of various alternatives for protecting NJ 653, Wantage and Montague Dam, these Tribal assets. The project includes Townships, Newhalem vicinity, 96000416 the repair and enlargement of the Branchville vicinity, 96000404 WISCONSIN Tongue River Dam, the partial SOUTH CAROLINA fulfillment of the Northern Cheyenne Green County Beaufort County Settlement Act, and the conservation, Cadiz Township Joint District No. 2 School, development, and enhancement of fish Knights of Wise Men Lodge 214 School St., and wildlife resources and habitat in the (St. Helena Island MPS) Browntown, 96000419 Martin Luther King Dr., S of Jct. of Martin Tongue River Basin. Milwaukee County Luther King Dr. and US 21, FOR FURTHER INFORMATION CONTACT: Ms. St. Helena Island, 96000408 Friedmann Row, Katherine Jabs, Area Manager, Montana 1537, 1539, 1541, 1543 N. Cass St. and 731 Georgetown County Projects Office, Bureau of Reclamation E. Pleasant St., Friendfield Plantation Milwaukee, 96000420 (Code: MT–100), P.O. Box 30137, Billings, Montana 59107, telephone: (Georgetown County Rice Culture MPS) South Layton Boulevard Historic District, Roughly bounded by US 521/17A, the Sampit 921—2264 S. Layton Blvd., (406) 247–7298. River, Whites Cr., and Creek Rd., Milwaukee, 96000412 Georgetown vicinity, 96000409 SUPPLEMENTARY INFORMATION: Ozaukee County Negotiations between the Federal Lee County Nieman, Edwin J., Sr., House, Government (acting as trustee for the St. Philip’s Episcopal Church, Bradford 13030 N. Cedarburg Rd., Tribe) and the State of Montana Springs, Mequon, 96000418 culminated in 1991 with the signing of Bradford Springs Rd., approximately 6 mi. N a water rights compact. Subsequently, of Dalzell, Washington County Dalzell vicinity, 96000406 the compact was ratified by the United Washington County ‘‘Island’’ Effigy Mound States Congress and the Northern Spartanburg County District, Address Restricted, Cheyenne Indian Water Rights Palmetto Theater, West Bend vicinity, 96000417 Settlement Act of 1992 (Settlement Act) 172 E. Main St., was signed into Public Law #102–374. Spartanburg, 96000405 [FR Doc. 96–7282 Filed 3–25–96; 8:45 am] During the negotiations, an opportunity BILLING CODE 4310±70±P Sumter County was identified to rehabilitate the O’Donnell House, presently unsafe State-owned Tongue River Dam (Dam) and provide 120 E. Liberty St., Bureau of Reclamation Sumter, 96000407 additional water to the Tribe by raising [FES 96-14] the dam. The following action TENNESSEE alternatives for rehabilitating and Shelby County Tongue River Basin Project/Northern replacing the spillway and raising the Vollintine Evergreen Historic District, Cheyenne Indian Reserved Water Dam crest elevation 4 feet were Roughly bounded by Watkins St., Vollintine Rights Settlement Act of 1992, Big evaluated in the FEIS: (1) A Labyrinth Ave., Faxon Ave., Jackson Ave., and Horn County, Montana Weir Spillway, (2) a Roller-Compacted University St., AGENCY: Concrete (RCC) Spillway, and (3) No Memphis, 96000410 Bureau of Reclamation (Interior), in conjunction with the Action. Other alternatives were Trousdale County Northern Cheyenne Tribe and the considered and dismissed on the basis Averitt—Herod House, Montana Department of Natural of being technically or economically 395 Herod Ln., Resources and Conservation. infeasible or resulted in greater Hartsville vicinity, 96000411 ACTION: Notice of availability of Final environmental effects. These dismissed UTAH Environmental Impact Statement (FEIS). alternatives ranged from purchasing water rights to satisfy the Settlement Act Salt Lake County SUMMARY: Pursuant to section 102(2)(C) to constructing a new dam at another Carlson Hall of the National Environmental Policy location. The preferred alternative Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13213 selected by the project sponsors is the practical utility; (b) the accuracy of the INTERNATIONAL TRADE RCC alternative. burden estimates; (c) ways to enhance COMMISSION During the process of negotiating the the quality, utility, and clarity of the [Investigation No. 731±TA±746 compact, the State of Montana and the information collected; and (d) ways to (Preliminary)] Bureau of Reclamation hosted numerous minimize the burden of the collection of public and agency informational information on the respondents, Beryllium Metal and High-Beryllium meetings. More recently, during the including the use of automated Alloys From Kazakhstan NEPA process, public scoping meetings collection techniques or other forms of AGENCY: United States International were held during March 1993. A information technology. scoping document containing the Trade Commission. schedule for all meetings was mailed to DATES: Send comments on these ACTION: Institution and scheduling of a approximately 2100 individuals and information collections on or before preliminary antidumping investigation. entities on the Northern Cheyenne May 28, 1996. SUMMARY: The Commission hereby gives Indian Reservation and surrounding ADDRESS INFORMATION TO: Mary Ann notice of the institution of preliminary towns and cities. After the scoping Ball, Bureau for Management, Office of antidumping Investigation No. 731–TA– process was completed, the draft EIS Administrative Services, Information 746 (Preliminary) under section 733(a) was completed and sent out for agency of the Tariff Act of 1930 (19 U.S.C. and public review and comment in mid Support Services Division, Agency for International Development, B930 N.S., § 1673b(a)) (the Act) to determine 1995. Comments were received and whether there is a reasonable indication replies are incorporated in the FEIS. Washington, DC, (202) 736–4743 or via e-mail [email protected]. that an industry in the United States is There is a 30-day public comment materially injured or threatened with period for the FEIS. Anyone interested SUPPLEMENTARY INFORMATION: material injury, or the establishment of in obtaining a copy of the FEIS and/or an industry in the United States is wanting more information relative to the OMB Number: OMB 0412–0004. materially retarded, by reason of study should contact the following Form Number: AID 11. imports from Kazakhstan of beryllium persons: 1 Type of Review: Extension of metal and high-beryllium alloys that Ms. Brenda Schilf, Project Coordinator, Information Collection. are alleged to be sold in the United Bureau of Reclamation, Montana States at less than fair value. Unless the Projects Office, P.O. Box 30137, Title: Application for Approval of Department of Commerce extends the Billings, MT 59107, (406) 247–7298. Commodity Eligibility. time for initiation pursuant to section Mr. Ernie Robinson, Project Purpose: AID provides loans and 732(c)(1)(B) of the Act (19 U.S.C. Coordinator, Northern Cheyenne grants to some developing countries in 1673a(c)(1)(B)), the Commission must Tribe, 128 Little Coyote Drive, Lame the form of Commodity Import Programs complete preliminary antidumping Deer, MT 59043, (406) 477–6503. (CIPS). These funds are made available investigations in 45 days, or in this case Mr. Stan Jones, Project Coordinator, to host countries to be allocated to the by April 29, 1996. The Commission’s Department of Natural Resources and public and private sectors for views are due at the Department of Conservation, 48 N. Last Chance purchasing various commodities from Commerce within five business days Gulch, P.O. Box 201601, Helena, the U.S., or in some cases, from other thereafter, or by May 6, 1996. Montana 59620–1601, (406) 444– For further information concerning developing countries. In accordance 0525. the conduct of this investigation and with section 604(f) of the Foreign rules of general application, consult the Dated: March 14, 1996. Assistance Act of 1991, as amended, Commission’s Rules of Practice and Katherine Jabs, AID may finance only those Acting Regional Director. Procedure, part 201, subparts A through commodities which are determined E (19 CFR part 201), and part 207, [FR Doc. 96–7197 Filed 3–25–96; 8:45 am] eligible and suitable in accordance with subparts A and B (19 CFR part 207). BILLING CODE 4310±09±P various statutory requirements and EFFECTIVE DATE: March 14, 1996. Agency policies. Using the Application FOR FURTHER INFORMATION CONTACT: for Approval of Commodity Eligibility Bonnie Noreen (202–205–3167), Office AGENCY FOR INTERNATIONAL (Form 11), the suppliers certify to AID DEVELOPMENT of Investigations, U.S. International information about the commodities Trade Commission, 500 E Street SW., being supplied, as required in section Proposed Collection; Comment Washington, DC 20436. Hearing- 604(f), so that AID may determine Request impaired persons can obtain eligibility. information on this matter by contacting SUMMARY: Agency for International Annual Reporting Burden: the Commission’s TDD terminal on 202– Development (AID) is making efforts to Respondents: 395. 205–1810. Persons with mobility reduce the paperwork burden. AID Annual burden hours: 404 impairments who will need special invites the general public and other assistance in gaining access to the Federal agencies to take this Dated: March 18, 1996. opportunity to comment on the Genease E. Pettigrew, 1 The imported products covered by this following proposed and/or continuing Chief, Information Support Services Division, investigation consist of beryllium metal and high- information collections, as required by beryllium alloys with a beryllium content equal to Office of Administrative Services, Bureau of or greater than 30 percent by volume, all the the Paperwork Reduction Act for 1995. Management. foregoing whether in ingot, billet, powder or block Comments are requested concerning: (a) [FR Doc. 96–7189 Filed 3–25–96; 8:45 am] form. Beryllium metal and alloys in which Whether the proposed or continuing beryllium predominates by weight are provided for collections of information is necessary BILLING CODE 6116±01±M in subheading 8112.11.60 of the Harmonized Tariff Schedule of the United States (HTS). Other alloys for the proper performance of the containing beryllium are provided for elsewhere in functions of the agency, including the HTS—e.g., aluminum-beryllium alloys are whether information shall have provided for in HTS 7601.20.90. 13214 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Commission should contact the Office submit to the Commission on or before 1995, the Commission instituted of the Secretary at 202–205–2000. April 9, 1996, a written brief containing Investigation No. 332–360, International General information concerning the information and arguments pertinent to Harmonization of Customs Rules of Commission may also be obtained by the subject matter of the investigation. Origin, under section 332(g) of the Tariff accessing its internet server (http:// Parties may file written testimony in Act of 1930 (60 FR 19605, April 19, www.usitc.gov or ftp://ftp.usitc.gov). connection with their presentation at 1995). the conference no later than three days The investigation is intended to SUPPLEMENTARY INFORMATION: before the conference. If briefs or provide the basis for Commission Background.—This investigation is written testimony contain BPI, they participation in work pertaining to the being instituted in response to a petition must conform with the requirements of Uruguay Round Agreement on Rules of filed on March 14, 1996, by Brush sections 201.6, 207.3, and 207.7 of the Origin (ARO), under the General Wellman Inc., Cleveland, OH. Commission’s rules. Agreement on Tariffs and Trade (GATT) Participation in the investigation and In accordance with sections 201.16(c) 1994 and adopted along with the public service list.—Persons (other than and 207.3 of the rules, each document Agreement Establishing the World petitioners) wishing to participate in the filed by a party to the investigation must Trade Organization (WTO). investigation as parties must file an be served on all other parties to the The ARO is designed to harmonize entry of appearance with the Secretary investigation (as identified by either the and clarify nonpreferential rules of to the Commission, as provided in public or BPI service list), and a origin for goods in trade on the basis of sections 201.11 and 207.10 of the certificate of service must be timely the substantial transformation test; Commission’s rules, not later than seven filed. The Secretary will not accept a achieve discipline in the rules’ days after publication of this notice in document for filing without a certificate administration; and provide a the Federal Register. The Secretary will of service. framework for notification, review, prepare a public service list containing consultation, and dispute settlement. Authority: This investigation is being These harmonized rules are intended to the names and addresses of all persons, conducted under authority of title VII of the or their representatives, who are parties Tariff Act of 1930; this notice is published make country-of-origin determinations to this investigation upon the expiration pursuant to section 207.12 of the impartial, predictable, transparent, of the period for filing entries of Commission’s rules. consistent, and neutral, and to avoid appearance. Issued: March 20, 1996. restrictive or distortive effects on international trade. The ARO provides Limited disclosure of business By order of the Commission. proprietary information (BPI) under an that technical work to those ends will be Donna R. Koehnke, administrative protective order (APO) undertaken by the Customs Cooperation and BPI service list.—Pursuant to Secretary. Council (CCC) (now informally known section 207.7(a) of the Commission’s [FR Doc. 96–7214 Filed 3–25–96; 8:45 am] as the World Customs Organization or rules, the Secretary will make BPI BILLING CODE 7020±02±P WCO), which must report on specified gathered in this preliminary matters relating to such rules for further investigation available to authorized [Investigation No. 332±360] action by parties to the ARO. applicants under the APO issued in the Eventually, the WTO Ministerial investigation, provided that the International Harmonization of Conference is to ‘‘establish the results of application is made not later than seven Customs Rules of Origin the harmonization work program in an days after the publication of this notice annex as an integral part’’ of the ARO. in the Federal Register. A separate AGENCY: United States International In order to carry out the work, the service list will be maintained by the Trade Commission. ARO calls for the establishment of a Secretary for those parties authorized to ACTION: Request for public comment on Committee on Rules of Origin of the receive BPI under the APO. draft proposals for chapters 71–81. WTO and a Technical Committee on Conference.—The Commission’s Rules of Origin (TCRO) of the CCC. EFFECTIVE DATE: Director of Operations has scheduled a March 18, 1996. These Committees bear the primary conference in connection with this FOR FURTHER INFORMATION CONTACT: responsibility for developing rules that investigation for 9:30 a.m. on April 3, Eugene A. Rosengarden, Director, Office achieve the objectives of the ARO. 1996, at the U.S. International Trade of Tariff Affairs and Trade Agreements A major component of the work Commission Building, 500 E Street SW., (O/TA&TA) (202–205–2595), or program is the harmonization of origin Washington, DC. Parties wishing to Lawrence A. DiRicco (202–205–2606). rules for the purpose of providing more participate in the conference should Parties having an interest in particular certainty in the conduct of world trade. contact Bonnie Noreen (202–205–3167) products or HTS chapters and desiring To this end, the agreement contemplates not later than April 1, 1996, to arrange to be included on a mailing list to a 3-year CCC program, to be initiated as for their appearance. Parties in support receive available documents pertaining soon as possible after the entry into of the imposition of antidumping duties thereto should advise Diane Whitfield force of the Agreement Establishing the in this investigation and parties in by phone (202–205–2610) or by mail at WTO. Under the ARO, the TCRO is to opposition to the imposition of such the Commission, 500 E St SW., Room undertake (1) to develop harmonized duties will each be collectively 404, Washington, DC 20436. Hearing definitions of goods considered wholly allocated one hour within which to impaired persons are advised that obtained in one country, and of minimal make an oral presentation at the information on this matter can be processes or operations deemed not to conference. A nonparty who has obtained by contacting the confer origin, (2) to consider the use of testimony that may aid the Commission’s TDD terminal on 202– change in Harmonized System Commission’s deliberations may request 205–1810. The media should contact classification as a means of reflecting permission to present a short statement Margaret O’Laughlin, Director, Office of substantial transformation, and (3) for at the conference. Public Affairs (202–205–1819). those products or sectors where a Written submissions.—As provided in BACKGROUND: Following receipt of a change of tariff classification does not sections 201.8 and 207.15 of the letter from the United States Trade allow for the reflection of substantial Commission’s rules, any person may Representative (USTR) on January 25, transformation, to develop Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13215 supplementary or exclusive origin agreement among the contracting will be available for inspection by criteria based on value, manufacturing parties. The proposals may undergo interested persons. All submissions or processing operations or on other change as proposals from other should be addressed to the Office of the standards. government administrations and the Secretary, United States International To assist in the Commission’s private sector are received and Trade Commission, 500 E Street SW., participation in work under the considered. Under the circumstances, Washington, DC 20436. Agreement on Rules of Origin (ARO), the proposals should not be cited as Issued: March 18, 1996. the Commission is making available for authority for the application of current By order of the Commission. public comment draft proposed rules for domestic law. Donna Koehnke, goods of: If eventually adopted by the TCRO for Secretary. Chapter 71—Natural or Cultured Pearls, submission to the Committee on Rules Precious or Semi-precious Stones, of Origin of the World Trade [FR Doc. 96–7213 Filed 3–25–96; 8:45 am] Precious Metals, Metals Clad with Organization, these proposals would BILLING CODE 7020±02±P Precious Metal and Articles Thereof; comprise an important element of the Imitation Jewelry; Coin ARO work program to develop Chapter 72—Iron and Steel harmonized, non-preferential country of DEPARTMENT OF JUSTICE Chapter 73—Articles of Iron or Steel origin rules, as discussed in the Chapter 74—Copper and Articles Commission’s earlier notice. Thus, in Antitrust Division Thereof view of the importance of these rules, Chapter 75—Nickel and Articles the Commission seeks to ascertain the Agency Information Collection Thereof views of interested parties concerning Activities: Proposed Collection; Chapter 76—Aluminum and Articles the extent to which the proposed rules Comment Request reflect the standard of substantial Thereof ACTION: Notice of Information Collection transformation provided in the Chapter 78—Lead and Articles Thereof Under Review; Department of Justice Agreement. In addition, comments are Chapter 79—Zinc and Articles Thereof Federal Coal Lease Review Information. Chapter 80—Tin and Articles Thereof also invited on the format of the Chapter 81—Other Base Metals; proposed rules and whether it is Office of Management and Budget Cermets; Articles Thereof preferable to another presentation, such (OMB) approval is being sought for the of the Harmonized System that are not as the format for the presentation of the information collection listed below. considered to be wholly made in a NAFTA origin or marking rules. This proposed information collection single country. The rules rely largely on Forthcoming Commission notices will was previously published in the Federal the change of heading as a basis for advise the public on the progress of the Register and allowed 60 days for public ascribing origin. TCRO’s work and will contain any comment. Copies of the proposed revised rules harmonized definitions or rules that The purpose of this notice is to allow will be available from the Office of the have been provisionally or finally an additional 30 days for public Secretary at the Commission, from the adopted. comments from the date listed at the top Commission’s Internet web server WRITTEN SUBMISSIONS: Interested persons of this page in the Federal Register. (http://www.usitc.gov), or by submitting are invited to submit written statements This process is conducted in accordance a request on the Office of Tariff Affairs (original and 14 copies) concerning this with 5 code of Federal Regulation, Part and Trade Agreements voice messaging phase of the Commission’s 1320.10. system, 202–205–2592 or by FAX at investigation. Written statements should Written comments and/or suggestions 202–205–2616. be submitted to the Office of the regarding the item(s) contained in this These proposals, which have been Secretary, and follow-up statements are notice, especially regarding the reviewed by interested government permitted; but all statements must be estimated public burden and associated agencies, are intended to serve as the received at the Commission by the close response time, should be directed to the basis for the U.S. proposal to the of business on May 3, 1996, in order to Office of Management and Budget, Technical Committee on Rules of Origin be considered. Information supplied to Office of Information and Regulatory (TCRO) of the Customs Cooperation the Customs Service in statements filed Affairs, Attention: Department of Justice Council (CCC) (now known as the pursuant to notices of that agency has Desk Officer, Washington, DC, 20503. World Customs Organization or WCO). been given to us and need not be Additionally, comments may be The proposals do not necessarily reflect separately provided to the Commission. submitted to OMB via facsimile to 202– or restate existing Customs treatment Again, the Commission notes that it is 395–7285. Comments may also be with respect to country of origin particularly interested in receiving submitted to the Department of Justice applications for all current non- input from the private sector on the (DOJ), Justice Management Division, preferential purposes. Based upon a effects of the various proposed rules and Information Management and Security decision of the Trade Policy Staff definitions on U.S. exports. Commercial Staff, Attention: Department Clearance Committee, the proposals are intended or financial information which a Officer, Suite 850, 1001 G Street, NW., for future harmonization for the submitter desires the Commission to Washington, DC, 20530. Additionally, nonpreferential purposes indicated in treat as confidential must be submitted comments may be submitted to DOJ via the ARO for application on a global on separate sheets of paper, each facsimile to 202–514–1534. basis. They seek to take into account not marked ‘‘Confidential Business Written comments and suggestions only U.S. Customs current positions on Information’’ at the top. All submissions from the public and affected agencies substantial transformation but requesting confidential treatment must should address one or more of the additionally seek to consider the views conform with the requirements of following points: of the business community and section 201.6 of the Commission’s Rules (1) evaluate whether the proposed practices of our major trading partners of Practice and Procedure (19 CFR collection of information is necessary as well. As such they represent an 201.6). All written submissions, except for the proper performance of the attempt at reaching a basis for for confidential business information, functions of the agency/component, 13216 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices including whether the information will Immigration and Naturalization Service (2) Title of the Form/Collection: have practical utility; Registration for Classification as (2) evaluate the accuracy of the Agency Information Collection Refugee. agencies/components estimate of the Activities: Proposed Collection; (3) Agency form number, if any, and burden of the proposed collection of Comment Request the applicable component of the Department of Justice sponsoring the information, including the validity of ACTION: Notice of Information Collection collection: Form: I–590. Immigration the methodology and assumptions used; Under Review; Registration for and Naturalization Service. United Classification as Refugee. (3) enhance the quality, utility, and States Department of Justice. clarity of the information to be (4) Affected public who will be asked collected; and The proposed information collection is published to obtain comments from or required to respond, as well as a brief (4) minimize the burden of the the public and affected agencies. abstract: Primary: Individual and for- collection of information on those who Comments are encouraged and will be profit. Other: None. This form provides are to respond, including through the accepted for ‘‘sixty days’’ from the date a uniform method for applicants to use of appropriate automated, listed at the top of this page in the apply for refugee status and contains the electronic, mechanical, or other Federal Register. information needed in order to technological collection techniques or Request written comments and adjudicate such applications. other forms of information technology, suggestions from the public and affected (5) An estimate of the total number of e.g., permitting electronic submission of agencies concerning the proposed respondents and the amount of time responses. collection of information. Your estimated for an average respondent to The proposed collection is listed comments should address one or more respond: 140,000 responses at 35 below: of the following four points: minutes per response. (6) An estimate of the total public (1) Type of information collection. (1) evaluate whether the proposed collection of information is necessary burden (in hours) associated with the Extension of a currently approved collection: 81,620 annual burden hours. collection. for the proper performance of the functions of the agency, including If additional information is required (2) The title of the form/collection. whether the information will have contact: Mr. Robert B. Briggs, Clearance Department of Justice Federal Coal practical utility; Officer, United States Department of Lease Review Information. (2) evaluate the accuracy of the Justice, Information Management and (3) The agency form number, if any, agencies estimate of the burden of the Security Staff, Justice Management and the applicable component of the proposed collection of information, Division, Suite 850, Washington Center, Department sponsoring the collection. including the validity of the 1001 G Street, NW, Washington, DC Forms: ATR–139, ATR–140. Antitrust methodology and assumptions used; 20530. Division, United States Department of (3) enhance the quality, utility, and Dated: March 20, 1996. Justice. clarity of the information to be Robert B. Briggs, (4) Affected public who will be asked collected; and Department Clearance Officer, United States or required to respond, as well as a brief (4) minimize the burden of the Department of Justice. abstract. Primary: Business or other for- collection of information on those who [FR Doc. 96–7195 Filed 3–25–95; 8:45 am] profit. Other: None. are to respond, including through the BILLING CODE 4410±10±M use of appropriate automated, The Department of Justice evaluates electronic, mechanical, or other the competitive impact of issuances, technological collection techniques or Office of Justice Programs transfers and exchanges of Federal coal other forms of information technology, leases. These forms seek information e.g., permitting electronic submission of Bureau of Justice Statistics; Agency regarding a prospective coal lessee’s responses. Information Collection Activities, coal reserves and the reserves subject to If you have additional comments, Proposed Collection; Comment the federal lease. The Department uses suggestions, or need a copy of the Request this information to determine whether proposed information collection the lease transfer is consistent with the ACTION: Notice of Information Collection instrument with instructions, or Antitrust laws. Under Review; Pretest of a survey on additional information, please contact ‘‘Police Public Contact.’’ (5) An estimate of the total number of Kathleen Thompson, 202–633–3577, respondents and the amount of time Immigration and Naturalization Service, Office of Management and Budget estimated for an average respondent to 425 I Street NW, Washington DC, 20536. (OMB) approval is being sought for the respond. 20 responses per year at 2 Written comments and/or suggestions information collection listed below. hours per response. regarding this collection may also be This proposed information collection (6) An estimate of the total public submitted to the Department of Justice was previously published in the Federal burden (in hours) associated with the (DOJ), Justice Management Division, Register and allowed 60 days for public collection. 40 annual burden hours. Information Management and Security comment. Public comment on this proposed Staff, Attention: Department Clearance The purpose of this notice is to allow information collection is strongly Officer, Suite 850, 1001 G Street, NW, an additional 30 days for public encouraged. Washington DC 20530. Additionally, comments from the date listed at the top comments may be submitted to DOJ via of this page in the Federal Register. Dated: March 20, 1996. facsimile to 202–514–1534. This process is conducted in accordance Robert B. Briggs, Overview of this information with 5 Code of Federal Regulation, Part Department Clearance Officer, United States collection: 1320.10. Written comments and/or Department of Justice. (1) Type of Information Collection: suggestions regarding the item(s) [FR Doc. 96–7193 Filed 3–25–96; 8:45 am] Extension of a currently approved contained in this notice, especially BILLING CODE 4410±11±M collection. regarding the estimated public burden Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13217 and associated response time, should be the Attorney General to produce annual legislative developments and directed to the Office of Management statistics on the use of excessive force preparation of a biannual Compendium and Budget, Office of Regulatory Affairs, by police nationwide. of State legislation, and extensive Attention: Department of Justice Desk (5) An estimate of the total number of preparation of materials and training in Officer, Washington, DC 20503. respondents and the amount of time areas such as data quality auditing. Additionally, comments may be estimated for an average respondent to A key element in all of these efforts submitted to OMB via facsimile to 202– respond. 12,000 respondents: of the is the extent to which the program 395–7285. Comments may also be 12,000 respondents about 11,400 will provides for direct input by States, for submitted to the Department of Justice only answer the lead-in or screening coordination among the States on (DOJ), Justice Management Division, questions which takes one (1) minute program activities, and for liaison Information Management and Security per respondent. Additionally, 600 between the project and other relevant Staff, Attention: Department Clearance respondents will be asked the detailed agencies of the Federal Government Officer, Suite 850, 1001 G Street, NW, questions which takes ten (10) minutes such as the Federal Bureau of Washington, DC 20530. Additionally, per respondent. Investigation (FBI), the Immigration and comments may be submitted to DOJ via (6) An estimate of the total public Naturalization Service (INS). The facsimile to 202–514–1534. burden (in hours) associated with the presently proposed project, which is Written comments and suggestions collection. 290 annual burden hours. designed to continue these activities, from the public and affected agencies Public comment on this proposed will be funded under a cooperative should address one or more of the information collection is strongly agreement. following points: encouraged. DATES: Proposals must be postmarked (1) evaluate whether the proposed Dated: March 20, 1996. on or before April 25, 1996. collection of information is necessary Robert B. Briggs, ADDRESSES: Proposal should be mailed for the proper performance of the Department Clearance Officer, United States to: Applications Coordinator, Bureau of functions of the agency/component, Department of Justice. Justice Statistics, Room 1144 D, 633 including whether the information will [FR Doc. 96–7194 Filed 3–25–96; 8:45 am] Indiana Avenue, NW 20531. have practical utility; BILLING CODE 4410±18±M FOR FURTHER INFORMATION CONTACT: (2) evaluate the accuracy of the Carol G. Kaplan, Chief, Criminal History agencies/components estimate of the Improvement Programs, Bureau of burden of the proposed collection of Bureau of Justice Statistics Justice Statistics, 633 Indiana Avenue information, including the validity of NW, Washington, D.C. 20531, (202) [OJP No. 1073] the methodology and assumptions used; 307–0759. (3) enhance the quality, utility, and RIN 1121±ZA29 clarity of the information to be SUPPLEMENTARY INFORMATION: collected; and Solicitation for Award of Cooperative Background (4) minimize the burden of the Agreement To Continue the Bureau of collection of information on those who The Bureau of Justice Statistics Justice Justice Statistics Criminal Justice Information Policy Assistance (JIPA) are to respond, including through the Information Policy Program use of appropriate automated, program represents the primary electronic, mechanical, or other AGENCY: Department of Justice, Office of response of BJS to its legislative charter technological techniques or other forms Justice Programs, Bureau of Justice to ‘‘Identify, analyze and participate in of information technology, e.g., Statistics. the implementation of privacy, security permitting electronic submission of ACTION: Solicitation for Award of and information policies which impact responses. Cooperative Agreement. on Federal and State criminal justice The proposed collection is listed operations and related statistical below: SUMMARY: The purpose of this notice is activities.’’ See section 302(c)(22) of the (1) Type of information collection. to announce a public solicitation for the Omnibus Crime Control and Safe Streets Revision of a currently approved continuation of the Bureau of Justice Act of 1968, as amended, 42 U.S.C. collection. Statistics (BJS) Criminal Justice § 3732(c)(22). The program is designed (2) The title of the form/collection. Information Policy program. The to assist States in upgrading the quality Pretest of a survey on ‘‘Police Public program, which has been in existence of State criminal history record systems Contact,’’ since 1978, serves as the primary liaison and in increasing the utility of criminal (3) The agency form number, if any, between BJS, the States, and other history records for both criminal and and the applicable component of the Federal agencies, on issues relating to non-criminal justice purposes. The Department sponsoring the collection. the quality, content, management, use program also provides for coordination Form: PPCS–1. Office of Justice and exchange of criminal history record among States and between States and Statistics, Office of Justice Programs, information (CHRI). Projects supported BJS and other Federal agencies on United States Department of Justice. under the program include, but are not national issues such as the interstate (4) Affected public who will be asked limited to, major national conferences system for the exchange of criminal or required to respond, as well as a brief on criminal justice data quality issues, history record data. abstract. Primary: Individuals or comprehensive national surveys of State The BJS Program was initiated over households. Other: None. This pretest criminal history data quality, numerous eighteen years ago, concurrent with the will assist the Bureau of Justice workshops on emerging issues such as issuance of Department of Justice Statistics in determining whether the the uses of Automated Fingerprint Regulations set out at 28 C.F.R. Part 20 National Crime Victimization Survey is Identification Systems (AFIS) and which requires that States ensure that an appropriate vehicle for implementing forensic uses of DNA, National Task criminal history records are accurate, the annual data collection/reporting Forces composed of members complete, secure, and disseminated requirement set forth in Section 210402 representing all components of the only to authorized users. Since its of the Violent Crime Control and Law Federal and State criminal justice inception, projects undertaken under Enforcement Act. This statute requires systems, ongoing review of State the program have focussed on the 13218 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices rapidly changing technology, legislation system. In addition to serving as a prepare the 1996 update to the BJS and policies affecting criminal history continuing resource regarding the status series, Compendium of State Privacy record systems. Of equal importance, of criminal record systems in the States, and Security Legislation. The analysis the project has served as the primary the project reviews changes in State should address issues identified in liaison among the States and Federal legislation impacting on privacy and previous editions of the Compendium agencies on issues of data quality and record management and, on a biannual and data should be presented in criminal record exchange. The program basis, collects and classifies State previously developed formats. Full text is also closely coordinated with the legislation in the Compendium of State and legislative analysis tables should be Bureau of Justice Assistance which Privacy Legislation which is issued by provided in an online fashion to be administers the Edward Byrne State and BJS. Full texts of statutes are maintained identified by BJS. Local Law Enforcement Formula Grant both by the project and at NCJRS. 3. Convene a major national program. The 1990 amendments to the Major national surveys are also conference on the technical legislative Omnibus Crime Control and Safe Streets conducted under this project. Surveys policy and operational aspects of issues Act of 1986, as amended, require that at have focussed on requirements of State relating to criminal justice data quality. least five percent of these grant funds be legislation and the nature of State The conference, to be hosted jointly used for the improvement of criminal operating practices. with BJS, should include high level justice records. Funds for this project are subject to Federal, State and local policy makers, Over the past eighteen years, five the availability of Department of Justice representatives of the judiciary, criminal national conferences on criminal justice appropriations. justice practitioners, researchers, and, if data quality and data management have appropriate, representatives of State or been conducted under the proposal. The Objectives Federal legislative bodies. To provide conferences have included speakers The major purpose of this award is to for the broader review of presentations representing the Congress, the support the continuation of activities and relevant materials, the proceedings Department of Justice and State criminal currently being funded under the should be compiled for publication by justice practitioners, researchers, and ongoing Justice Information program, as BJS. Time and location for the meeting members of the judiciary. Proceedings described above. will be jointly agreed upon with BJS. of the conferences have also been Costs under the project should cover prepared and widely distributed. Type of Assistance staff, materials, presentations and In addition to the national Assistance will be made available logistics, but not cover costs of attendee conferences, smaller workshops have under a cooperative agreement. participation or travel. been conducted to explore the issues 4. Convene and conduct one meeting and technologies in emerging areas such Statutory Authority of a working group to identify and as automated fingerprint technology, The cooperative agreement to be address technical and policy issues forensic uses of deoxyribonucleic acid awarded pursuant to this solicitation relating to long range planning for the (DNA), dissemination techniques and will be funded by the Bureau of Justice design and operation of state criminal strategies to improve data quality. Statistics consistent with its mandate history record repositories. The group Documents prepared on the basis of under 42 U.S.C. § 3732(c)(22). should include representatives of the State input at these workshops have State repositories, judiciary, Eligibility Requirements formed the basis for a series of BJS prosecutors, correctional agencies and reports on varying issues relating to data The solicitation is open to non-profit other data users. The project should quality and information policy. In organizations only. develop discussion materials and addition to DNA and AFIS, reports in Scope of Work background information for use by the this series address ‘‘hot’’ files, working group. The applicant will investigative files, original records of The objective of the proposed project suggest three possible topics for this entry and the release of data for non- is to continue activities initiated under working group. Selection of persons to criminal justice purposes such as the ongoing BJS justice information serve as part of the working group will employment screening. These reports policy program. Specifically, the be made jointly with BJS. A report are available through the National recipient of funds will: describing the activities and Criminal Justice Reference Service 1. Identify, on the basis of existing recommendations of the working group (NCJRS). information and contact with the States, should be prepared for submission to On a more operational level, the two issues relevant to current policies BJS. project has also produced reports and affecting criminal justice records, and 5. Maintain a resource of information training materials detailing specific prepare reports on these issues. regarding State activity, legislation, and strategies for improving data quality and Preparation of such reports should CHRI status and provide ad hoc three manuals on the auditing of data include, as appropriate, analyses of assistance to States and to BJS on these quality in criminal history record existing State legislation, current matters. This may include assisting systems. Periodic reports have also been technology, and State activity in the States through referrals to other States, prepared following studies of, for area under consideration. If necessary, a reference to written materials, etc. Also, example, the potential liability of law workshop of State representatives the recipient of funds will conduct ad enforcement personnel for erroneous should be convened to discuss and hoc activities at the request of BJS release of identifiable criminal history provide input for the reports. Final involving, for example, the informal records and the impact of new decisions on subjects for these reports rapid turn-around telephone survey of identification technologies (such as will be made by BJS. States on a particular current issue or retinal scans). 2. Conduct a fifty state review to the collation of materials on a new On an ongoing basis the program also identify new and amended legislation issues associated with CHRI technology maintains contact with representatives impacting on privacy, security and or policy. of the State repositories and other State record procedures in each of the states; All products will be submitted on a personnel having responsibility for analyze the results of the legislative schedule to be determined jointly with operation of the State criminal record search and related state inquiries; and, BJS. BJS anticipates that the products Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13219 will be spaced throughout the period of development end improvement of DEPARTMENT OF LABOR the award. national criminal history record systems and the use of criminal record data for Employment and Training Award Procedures criminal and noncriminal justice Administration Proposals should describe in purposes; and (b) ongoing [TA±W±31,870] appropriate detail the efforts to be organizational and staff connections undertaken in furtherance of each of the with representatives of the States American Olean Title Company, activities described in the Scope of (including criminal justice practitioners, Incorporated, Lansdale, Pennsylvania, Work. Information should focus on policy makers, and record management and Operating in Various Locations in activities to be undertaken in the initial personnel) sufficient to ensure direct the States of Alabama et al.; Amended 12 month period but should also State input to products produced under Certification Regarding Eligibility to include a general discussion of three the project. Apply for Worker Adjustment year goals and objectives of the program. 5. Demonstrated ability to produce Assistance Information on staffing levels and high quality reports and conduct qualifications should be included for national conferences and workshops on In accordance with Section 223 of the each task and descriptions of experience sensitive issues for an audience of Trade Act of 1974 (19 USC 2273) the relevant to the project should be professional policy analysts, Department of Labor issued a included. researchers, criminal justice Certification of Eligibility to Apply for Applications will be competitively practitioners, legislators and the general Worker Adjustment Assistance on reviewed by a BJS selected panel which public. February 26, 1996, applicable to all will make recommendations to the 6. Demonstrated fiscal, management workers of American Olean Title Director of BJS. Final authority to enter and organization capacity (including Company, Incorporated, located in into a cooperative agreement is reserved availability of professional and support Lansdale, Pennsylvania. The notice will for the Director who may, at his staff) suitable for providing sound soon be published in the Federal discretion, determine that none of the program management for this multi- Register. applications shall be funded. faceted effort. At the request of the company, the Applications will be evaluated on the 7. Reasonableness of estimated costs Department reviewed the certification overall extent to which they respond to for the total project and for individual for workers of the subject firm. New be goals of the criminal justice cost categories. information provided by American information program, demonstrate an Olean Title shows that worker understanding and ability to perform Application and Awards Process separations have occurred at various the specific activities to be conducted An original and three (3) copies of a operating facilities throughout the and appear to be fiscally feasible and full proposal must be submitted on SF– United States. Based on company-wide efficient. In particular, the applicant 424 (Revision 1988) including the increased imports of title, the will be evaluated on the basis of: Certified Assurances. Proposals must be Department is amending the 1. Knowledge and expertise in the accompanied by OJP Form 4061/6, certification for workers of the subject current and historical conditions of Certifications Regarding Lobbying, firm to include service center workers criminal justice records systems as they Debarment, Suspension and other and production workers at the various exist at both the State and Federal level. Responsibility Matters; and Drug Free locations in the United States. The Particular emphasis will be given to Workplace. Applicants must complete intent of the Department’s certification knowledge and experience relating to the certificate regarding lobbying and, if is to include all workers of the subject current technologies, the status of State appropriate, complete and submit firm who were adversely affected by and Federal legislation, current and Standard Form LLL, Disclosure of increased imports of title. prior operating policies and a historical Lobbying Activities. Due to a typographical error, the and current knowledge of the issues Proposals must include both narrative Department is also amending the impact which affect the exchange of data descriptions and a detailed budget. The date to February 15, 1996. The between State and Federal systems. narrative shall describe activities as Department’s notice of Certification 2. Expertise in the identification and discussed in the previous section. The incorrectly identified the impact date as analysis of issues and policies which budget shall contain detailed costs of February 15, 1995. affect the operation of criminal history personnel, fringe benefits, travel, The amended notice applicable to records systems, the exchange of data equipment, supplies and other TA–W–31,870 is hereby issued as among States and the Federal expenses. Contractual services or follows: Government, and the release of data for equipment must be procured through All workers of American Olean Title noncriminal justice purposes. competition or the application must Company, Incorporated, Lansdale, 3. Expertise and experience in the contain an applicable sole source Pennsylvania (TA–W–31,870), and at the analysis of legislation and State justification. various locations cited below, who became regulations relating to criminal history totally or partially separated from Awards will be made for a period of records and the privacy of data employment on or after February 15, 1996 are 12 months with an option for two maintained in the State criminal history eligible to apply for adjustment assistance additional continuation years record systems. under Section 223 of the Trade Act of 1974: 4. Contact and experience in dealing conditional upon availability of funds TA–W–31,870A Alabama with Federal and State representatives and the quality of the initial TA–W–31,870B Arizona on issues relating to criminal history performance and products. Costs are TA–W–31,870C California record policies. Particular emphasis will estimated at not to exceed $425.000 for TA–W–31,870D Connecticut TA–W–31,870E Florida be given to: (a) experience in dealing the initial 12-month period. Jan M. Chaiken, TA–W–31,870F Georgia with relevant personnel in Federal TA–W–31,870G Illinois agencies, such as INS, the FBI and the Director, Bureau of Justice Statistics. TA–W–31,870H Indiana Bureau of Alcohol, Tobacco and [FR Doc. 96–7247 Filed 3–25–96; 8:45 am] TA–W–31,870I Kentucky Firearms, on issues relating to the BILLING CODE 4410±18±P TA–W–31,870J Louisiana 13220 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

TA–W–31,870K Maryland Signed at Washington, D.C. this 12th day the subject firm who were adversely TA–W–31,870L Massachusetts of March 1996. affected by increased imports of apparel. TA–W–31,870M Minnesota Russell T. Kile, Accordingly, the Department is TA–W–31,870N Missouri Acting Program Manager, Policy and amending the certification to cover the TA–W–31,870O Nevada Reemployment Services, Office of Trade workers of Major League, Inc., Tellico TA–W–31,870P New Jersey Adjustment Assistance. TA–W–31,870Q New York Plains, Tennessee. [FR Doc. 96–7261 Filed 3–25–96; 8:45 am] TA–W–31,870R Ohio The amended notice applicable to TA–W–31,870S Oklahoma BILLING CODE 4510±30±M TA–W–31,827 is hereby issued as TA–W–31,870T Pennsylvania (except follows: Lansdale) [TA-W±31,565 and TA-W±31,566] All workers of Major League, Inc., Jasper, TA–W–31,870U Tennessee Georgia (TA–W–31,827), and Tellico Plains, TA–W–31,870V Texas Eastland Woolen Mill, Incorporated, Tennessee (TA–W–31,827A) engaged in TA–W–31,870W Utah Striar Textile Mill, Orono, Maine, employment related to the production of TA–W–31,870X Virginia Dismissal of Application for sportswear who became totally or partially TA–W–31,870Y Washington separated from employment on or after TA–W–31,870Z Wisconsin. Reconsideration December 27, 1994 are eligible to apply for Signed at Washington, D.C. this 18th day Pursuant to 29 CFR 90.18(C) an adjustment assistance under Section 223 of of March 1996. application for administrative the Trade Act of 1974. Russell T. Kile, reconsideration was filed with the Signed at Washington, DC this 18th day of Acting Program Manager, Policy and Program Manager of the Office of Trade March 1996. Reemployment Services, Office of Trade Adjustment Assistance for workers at Russell T. Kile, Adjustment Assistance. Eastland Woolen Mill, Inc., & Striar Acting Program Manager, Policy and [FR Doc. 96–7260 Filed 3–35–96; 8:45 am] Textile Mill, Orono, Maine. The review Reemployment Services, Office of Trade Adjustment Assistance. BILLING CODE 4510±30±M indicated that the application contained no new substantial information which [FR Doc. 96–7263 Filed 3–25–96; 8:45 am] would bear importantly on the BILLING CODE 4510±30±M [TA±W±31,614] Department’s determination. Therefore, dismissal of the application was issued. [TA±W±31, 926] Christian Fashions Including Montana TA-W–31,565; Eastland Woolen Mill, Inc. Fashions, El Paso, Texas; Amended TA-W–31,566; Striar Textile Mill, Orono, McAllen Separation Co. Mt. Gilead, NC; Certification Regarding Eligibility To Maine (March 15, 1996) Notice of Termination of Investigation Apply for Worker Adjustment Signed at Washington, D.C. this 15th day Assistance of March, 1996. Pursuant to Section 221 of the Trade Act of 1974, an investigation was Russell T. Kile, In accordance with Section 223 of the initiated on February 20, 1996 in Acting Program Manager, Policy & response to a worker petition which was Trade Act of 1974 (19 U.S.C. 2273) the Reemployment Services, Office of Trade Department of Labor issued a Adjustment Assistance. filed on January 29, 1996 on behalf of Certification of Eligibility to Apply for [FR Doc. 96–7262 Filed 3–25–96; 8:45 am] workers at McAllen Separation Co., Mt. Worker Adjustment Assistance on Gilead, North Carolina. BILLING CODE 4510±30±M A negative determination applicable December 6, 1995, applicable to all to the petitioning group of workers was workers of Christian Fashions located in [TA±W±31,827 and TA±W±31,827A] issued on January 29, 1996 (NAFTA— El Paso, Texas. The notice was 00699). No new information is evident published in the Federal Register on Major League, Inc., Jasper, Georgia; which would result in a reversal of the January 26, 1996 (61 FR 2537). and Tellico Plains, Tennessee; Department’s previous determination. At the request of the State Agency, the Amended Certification Regarding Consequently, further investigation in Department reviewed the certification Eligibility To Apply for Worker this case would serve no purpose, and for workers of the subject firm. The Adjustment Assistance the investigation has been terminated. workers produce ladies’ sportswear. The In accordance with Section 223 of the Signed in Washington, D.C. this 18th day findings show that the subject firm was Trade Act of 1974 (19 USC 2273) the of March, 1996. formerly operating under the name Department of Labor issued a Russell T. Kile, Montana Fashions at the same location. Certification of Eligibility to Apply for Acting Program Manager, Policy and The intent of the Department’s Worker Adjustment Assistance on Reemployment Services, Office of Trade certification is to include all workers of January 30, 1996, applicable to all Adjustment Assistance. the subject firm who were adversely workers of Major League, Inc., located in [FR Doc. 96–7264 Filed 3–25–96; 8:45 am] affected by increased imports. Jasper, Georgia. The notice was BILLING CODE 4510±30±M Accordingly, the Department is published in the Federal Register on amending the certification to include February 21, 1996 (61 FR 6659). the workers of Montana Fashions. At the request of petitioners, the [TA±W±31,959] The amended notice applicable to Department reviewed the certification TRW, Incorporated Auburn, NY; Notice TA–W–31,614 is hereby issued as for workers of the subject firm. New of Termination of Investigation follows: information provided by the company shows that worker separations have Pursuant to Section 221 of the Trade All workers of Christian Fashions, Act of 1974, an investigation was including Montana Fashions, El Paso, Texas occurred at the subject firms’ Tellico who become totally or partially separated Plains, Tennessee production facility. initiated on February 26, 1996 in from employment on or after October 25, The workers are engaged in the response to a worker petition which was 1994 are eligible to apply for adjustment production of sportswear. received on February 26, 1996 on behalf assistance under Section 223 of the Trade Act The intent of the Department’s of workers at TRW, Incorporated, of 1974. certification is to include all workers of located in Auburn, New York. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13221

The petitioner has requested that the Written data, views or comments for ADDRESSES: Address requests for single petition be withdrawn. Consequently, consideration by the workgroup may be copies of schedules identified in this further investigation in this case would submitted, preferably with 20 copies, to notice to the Record Appraisal and serve no purpose, and the investigation Joanne Goodell at the address provided Disposition Division (NIR), National has been terminated. below. Any such submissions will be Archives and Records Administration, Signed in Washington, DC this 18th day of provided to the members of the College Park, MD 20740. Requesters March, 1996. Workgroup and will be included in the must cite the control number assigned Russell T. Kile, record of the meeting. Individuals with to each schedule when requesting a Acting Program Manager, Policy and disabilities who need special copy. The control number appears in Reemployment Services, Office of Trade accommodations should contact Tom the parentheses immediately after the Adjustment Assistance. Hall (202–219–8615) a week before each name of the requesting agency. [FR Doc. 96–7265 Filed 3–25–96; 845 am] meeting. SUPPLEMENTARY INFORMATION: Each year For additional information contact: BILLING CODE 4510±30±M U.S. Government agencies create Joanne Goodell, Directorate of Policy, billions of records on paper, film, Occupational Safety and Health magnetic tape, and other media. In order Occupational Safety and Health Administration, Room N–3641, 200 to control this accumulation, agency Administration Constitution Avenue NW., Washington, records managers prepare records DC 20210, telephone (202) 219–8021, schedules specifying when the agency NACOSH HazCom Workgroup Meeting extension 107. no longer needs the records and what Signed at Washington, DC this 20th day of happens to the records after this period. Notice is hereby given that a March, 1996. Some schedules are comprehensive and workgroup of the National Advisory cover all the records of an agency or one committee on Occupational Safety and Joseph A. Dear, of its major subdivisions. These Health (NACOSH), established under Assistant Secretary of Labor. comprehensive schedules provide for section 7(a) of the Occupational Safety the eventual transfer to the National and Health Act of 1970 (29 U.S.C. 656) [FR Doc. 96–7266 Filed 3–25–96; 8:45 am] Archives of historically valuable records to advise the Secretary of Labor and the BILLING CODE 4510±26±M and authorize the disposal of all other Secretary of Health and Human Services records. Most schedules, however, cover on matters relating to the administration records of only one office of program or of the Act, will meet on the following NATIONAL ARCHIVES AND RECORDS a few series of records, and many are dates: April 24–25 in N3437 A–D and ADMINISTRATION updates of previously approved June 12–13 in N4437 B–D in the schedules. Such schedules also may Department of Labor Building located at Records Schedules; Availability and include records that are designated for 200 Constitution Avenue NW., Request for Comments permanent retention. Washington, DC. These meetings, which are open to the public, will run from AGENCY: National Archives and Records Destruction of records requires the 10:00 a.m. to approximately 4:30 p.m. Administration, Office of Records approval of the Archivist of the United the first day and from 8:00 a.m. to Administration States. This approval is granted after a approximately 3:00 p.m. the second day. ACTION: Notice of availability of thorough study of the records that takes The Occupational Safety and Health proposed records schedule; request for into account their administrative use by Administration (OSHA) has asked comments. the agency of origin, the rights of the NACOSH to form a workgroup to Government and of private persons identify ways to improve chemical SUMMARY: The National Archives and directly affected by the Government’s hazard communication and the right-to- Records Administration (NARA) activities, and historical or other value. know in the workplace. OSHA has publishes notice at least once monthly This public notice identifies the asked the Committee to provide OSHA of certain Federal agency requests for Federal agencies and their subdivisions with recommendations in records disposition authority (records requesting disposition authority, approximately six months related to schedules). Records schedules identify includes the control number assigned to simplification of material safety data records of sufficient value to warrant each schedule, and briefly describes the sheets, reducing the amount of required preservation in the National Archives of records proposed for disposal. The paperwork, improving the effectiveness the United States. Schedules also records schedule contains additional of worker training, and revising authorize agencies after a specified information about the records and their enforcement policies so that they focus period to dispose of records lacking disposition. Further information about on the most serious hazards. administrative, legal, research, or other the disposition process will be On April 24–25, the HazCom value. Notice is published for records furnished to each requester. Workgroup will meet in Room N3437 schedules that (1) propose the A–D to review all issues and finalize the destruction of records not previously Schedules Pending content of its report and authorized for disposal, or (2) reduce 1. Department of Housing and Urban recommendations. On June 12–13, the the retention period for records already Development (N1–207–96–4). Input data HazCom Workgroup will meet in Room authorized for disposal. NARA invites and output reports for the Consolidated N4437 B–D to review the total report, public comments on such schedules, as Single Family Statistical System, the make any necessary changes and obtain required by 44 U.S.C. 3303a(a). master files and annual published concurrences of workgroup members. DATES: Request for copies must be reports for which are designated for It is anticipated that the final product received in writing on or before May 10, permanent retention. of this workgroup will be submitted to 1996. Once the appraisal of the records the full National Advisory Committee is completed, NARA will send a copy of 2. Bonneville Power Administration on Occupational Safety and Health for the schedule. The requester will be (N1–305–95–2). Routine and facilitative action in the summer. given 30 days to submit comments. records relating to power management. 13222 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

3. Bureau of Export Administration Dated, Washington, DC, March 22, 1996. Affirmation Session (Public Meeting) (N1–476–95–1). Audio-tapes of By direction of the Board: (if needed) 2:00 p.m. Technical Advisory Committee John J. Toner, Briefing on Status of Activities with meetings, 1980–1994. Executive Secretary, National Labor Relations CNWRA and HLW Program (Public 4. Economic Development Board. Meeting) Administration (N1–378–96–1). Change [FR Doc. 96–7452 Filed 3–22–96; 1:48 pm] (Contact: Shirley Fortuna, 301–415–7804) in disposition standards for Approved BILLING CODE 7545±01±M Public Works and Local Public Works Week of April 8—Tenative Case Files. There are no meetings scheduled for the 5. Postal Rate Commission (N1–458– Sunshine Act Meeting Week of April 8. 96–1). Library Reference Files. Week of April 15—Tentative 6. Securities and Exchange AGENCY HOLDING THE MEETING: National Labor Relations Board. There are no meetings scheduled for the Commission (N1–266–96–2). Electronic Week of April 15. Data Gathering, Analysis, Evaluation TIME AND DATES: 10:00 a.m. Monday, and Retrieval (EDGAR) system. (Public February 15, 1996. ADDITIONAL INFORMATION: Briefing on U.S. Enrichment Corporation data files are designated for PLACE: Board Conference Room, Certification (Public Meeting) originally preservation). Eleventh Flood, 1099 Fourteenth St., scheduled for Tuesday, March 19 was 7. Tennessee Valley Authority, N.W., Washington, D.C. 20570. Resource Group, Flood Protection (N1– rescheduled for Friday, March 22. STATUS: Closed to public observation The schedule for Commission 142–92–13). Microdata, studies, pursuant to 5 U.S.C. Section 552b(c)(2) meetings is subject to change on short information files and databases of (internal personnel rules and practices); notice. To verify the status of meetings defunct program. and (9)(B) (disclosure would 8. Tennessee Valley Authority (N1– call (recording)—(301) 415–1292. significantly frustrate implementation of CONTACT PERSON FOR MORE INFORMATION: 142–93–16). Copies of local and a proposed Agency action . . .). national television newscasts. Bill Hill (301) 415–1661. MATTERS TO BE CONSIDERED: Budget. 9. Tennessee Valley Authority (N1– * * * * * 142–95–1). Quantum Meter Outage CONTACT PERSON FOR MORE INFORMATION: This notice is distributed by mail to Reports and routine and facilitative John J. Toner, Executive Secretary, several hundred subscribers; if you no correspondence files of the Energy Washington, D.C. 20570, Telephone: longer wish to receive it, or would like Resource Planning and Engineering (202) 273–1940. to be added to it, please contact the Department. Dated, Washington, D.C., March 22, 1996. Office of the Secretary, Attn: Operations 10. Tennessee Valley Authority (N1– By direction of the Board: Branch, Washington, DC 20555 (301– 142–95–3). Duplicate copies of John J. Toner, 415–1963). In addition, distribution of this photographs and biographies of TVA Executive Secretary, National Labor Relations officials used to produce press releases Board. meeting notice over the internet system is available. If you are interested in that are preserved for transfer to the [FR Doc. 96–7453 Filed 3–22–96; 1:48 pm] National Archives. receiving this Commission meeting BILLING CODE 7545±01±M schedule electronically, please send an Dated: March 18, 1996. electronic message to [email protected] or James W. Moore, [email protected]. NUCLEAR REGULATORY Assistant Archivist for Records * * * * * Administration. COMMISSION Dated: March 21, 1996. [FR Doc. 96–7216 Filed 3–25–96; 8:45 am] Sunshine Act Meeting William M. Hill, Jr., BILLING CODE 7515±01±M SECY Tracking Officer, Office of the AGENCY HOLDING THE MEETING: Nuclear Secretary. Regulatory Commission. [FR Doc. 96–7458 Filed 3–22–96; 2:09 pm] NATIONAL LABOR RELATIONS DATE: Weeks of March 25, April 1, 8, BILLING CODE 7590±01±M BOARD and 15, 1996. PLACE: Commissioners’ Conference Sunshine Act Meeting Room, 11555 Rockville Pike, Rockville, NATIONAL TRANSPORTATION AGENCY HOLDING THE MEETING: National Maryland. SAFETY BOARD Labor Relations Board. STATUS: Public and Closed. TIME AND DATE: Sunshine Act Meeting 10:00 a.m. Monday, MATTERS TO BE CONSIDERED: February 15, 1996. TIME AND DATE: 9:30 a.m., Tuesday, April PLACE: Board Conference Room, Week of March 25 2, 1995. Eleventh Floor, 1099 Fourteenth St., Wednesday, March 27 PLACE: The Board Room, 5th Floor, 490 NW., Washington, DC 20570. 10:30 a.m. L’Enfant Plaza, SW., Washington, DC STATUS: Closed to public observation Meeting with Chairman of Nuclear Safety 20594. pursuant to 5 U.S.C. Section 552b(c)(2) Research Review Committee (NSRRC) STATUS: Open. (internal personnel rules and practices); (Public Meeting) and 9(B) (disclosure would significantly (Contact: Jose Cortez, 301–415–6596) MATTERS TO BE CONSIDERED: frustrate implementation of a proposed Week of April 1—Tentative 6405A Special Investigation Report: Robinson Helicopter Company R22 Loss of Agency action * * *). Thursday, April 4 MATTERS TO BE CONSIDERED: Budget. Main Rotor Control Accidents 10:00 a.m. NEWS MEDIA CONTACT: CONTACT PERSON FOR MORE INFORMATION: Briefing on PRA Implementation Plan Telephone: (202) John J. Toner, Executive Secretary, (Public Meeting) 382–0660. Washington, DC 20570, Telephone: (Contact: Ashok Thadani, 301–415–1274) FOR MORE INFORMATION CONTACT: Bea (202) 273–1940. 11:30 a.m. Hardesty, (202) 382–6525. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13223

Dated: March 22, 1996. SECURITIES AND EXCHANGE issued unless the Commission orders a Bea Hardesty, COMMISSION hearing. Interested persons may request a hearing by writing to the Secretary of Federal Register Liaison Officer. [Rel. No. IC±21834; File No. 812±9802] [FR Doc. 96–7454 Filed 3–22–96; 1:48 pm] the Commission and serving Applicants with a copy of the request, personally or BILLING CODE 7533±01±P Principal Mutual Life Insurance Company, et al. by mail. Hearing requests must be received by the Commission by 5:30 March 20, 1996. p.m. on April 15,1996, and should be OFFICE OF PERSONNEL AGENCY: Securities and Exchange accompanied by proof of service on MANAGEMENT Commission (‘‘Commission’’). Applicants in the form of an affidavit or, ACTION: Notice of Application for for lawyers, a certificate of service. Proposed Collection; Comment Amendment to Order Granting Hearing requests should state the nature Request for Extension of a Currently Exemptions Pursuant to the Investment of the writer’s interest, the reason for the Approved Information Collection: RI Company Act of 1940 (the ‘‘Act’’). request, and the issues contested. 38±45 Persons may request notification of a APPLICANTS: Principal Mutual Life hearing by writing to the Secretary of Insurance Company (‘‘Principal AGENCY: Office of Personnel the Commission. Mutual’’), Principal Mutual Life Management. ADDRESSES: Secretary, Securities and Insurance Company Separate Account B Exchange Commission, 450 5th Street, ACTION: Notice. (the ‘‘Account’’) and Princor Financial N.W., Washington, D.C. 20549. Services Corporation (‘‘Princor’’). Applicants, c/o Kristian Anderson, SUMMARY: In accordance with the RELEVANT 1940 ACT SECTIONS: Order Counsel, The Principal Financial Group, Paperwork Reduction Act of 1995 (Pub. requested pursuant to Section 6(c) of the Des Moines, Iowa 50392–0300. L. 104–13, May 22, 1995), this notice Act to amend order granting exemptions FOR FURTHER INFORMATION CONTACT: announces that the Office of Personnel from the provisions of Sections 2(a)(35), Kevin M. Kirchoff, Senior Counsel, or Management intends to submit to the 26(a)(2)(C), 27(a)(2) and (3), and 27(c)(2) Wendy Friedlander, Deputy Chief, Office of Management and Budget a thereof. Office of Insurance Products (Division request for extension of a currently SUMMARY OF APPLICATION: Applicants of Investment Management), at (202) approved information collection. RI 38– have previously received relief from the 942–0670. 45, We Need the Social Security provisions of the Act set forth above to SUPPLEMENTARY INFORMATION: The Number of the Person Named Below, is the extent necessary to permit the used by the Civil Service Retirement following is a summary of the issuance and sale of certain variable application; the complete application is System and the Federal Employees annuity contracts (‘‘Contracts’’) with Retirement System to identify the available for a fee from the Public prescribed sales loads and mortality and Reference Branch of the Commission. records of individuals with similar of expense risk charges (the ‘‘Prior the same names. It also needed to report Order’’).1 This application seeks Applicants’ Representations and Legal payments to the Internal Revenue additional relief so that: (a) The Analysis Service. exemption from Sections 26(a)(2)(C) and 1. Principal Mutual is a mutual life We estimate 3,000 RI 38–45 forms are 27(c)(2) will extend to the mortality and insurance company with its home office completely annually. Each form takes expense risk charges under the in Des Moines, Iowa. The Account was approximately 5 minutes to complete. Contracts as revised by Principal established on January 12, 1970, as a The annual estimated burden is 250 Mutual; and (b) the exemptive relief separate account as defined in Section hours. regarding the mortality and expense risk 2(a)(37) of the Act, and is registered For copies to this proposal, contact charges and the relief granted by the pursuant to the Act as a unit investment Jim Farron on (202) 418–3208, or E-mail Prior Order will extend to any variable trust (file no. 811–2091). Princor, a to [email protected] annuity contracts that may be offered in wholly-owned subsidiary of Principal the future that are substantially similar Mutual, is the principal underwriter of DATES: Comments on this proposal in all material respects to the Contracts the Contracts, and is a broker-dealer should be received on or before May 28, (‘‘Future Contracts’’) that are funded by registered under the Securities 1996. the Account or any other separate Exchange Act of 1934 and a member of accounts established in the future by ADDRESSES: Send or deliver comments the NASD. Principal Mutual (‘‘Future Accounts’’) to—Lorraine E. Dettman, Chief, 2. Principal Mutual assumes mortality and that may be offered by Princor or Operations Support Division, and expense risks under the Contracts. any other members of the National Retirement and Insurance Service, U.S. The mortality risk is the risk that Association of Securities Dealers, Inc. Office of Personnel Management, 1900 E annuitants receiving annuity payments (‘‘NASD’’) that may in the future serve Street NW., Room 3349, Washington, may live for a longer period of time than as principal underwriters of the DC 20415. estimated. Principal Mutual assumes Contracts or Future Contracts (‘‘Future this mortality risk by virtue of annuity FOR INFORMATION REGARDING Underwriters’’). rates incorporated into the Contract ADMINISTRATIVE COORDINATIONÐCONTACT: FILING DATE: The application was filed which cannot be changed as to a current Mary Beth Smith-Toomy, Management on October 6, 1995. plan participant (except to make them Services Division, (202) 606–0623. HEARING OR NOTIFICATION OF HEARING: An more favorable to the participant). This order granting the application will be assures each annuitant that his or her U.S. Office of Personnel Management. longevity will not have an adverse effect Lorraine A. Green, 1 See Principal Mutual Life Insurance Company, on the amount of annuity payments. Deputy Director. et al., Inv. Co. Act Rel. No. 18798 (June 18, 1992)(1992 WL 150835 (SEC)) (notice) and Inv. Co. The expense risk assumed by Principal [FR Doc. 96–7246 Filed 3–25–96; 8:45 am] Act. Rel. No. 18853 (July 15, 1992)(1992 WL 172828 Mutual is the risk that the allowance for BILLING CODE 6325±01±M (SEC)) (order); file no. 812–7882. administration expenses in the annuity 13224 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices conversion rates will be insufficient to 8. Applicants represent that the expense risk charge to Future Contracts, cover actual costs of administration maximum charge of 1.25 percent is funded by Future Accounts and sold during an annuity pay out period. within the range of industry practice for through Future Underwriters, is 3. For assuming these risks, Principal comparable annuity products. This appropriate in the public interest. An Mutual, in determining unit values for representation is based upon an analysis order so providing should promote the Account and variable annuity by Principal Mutual of publicly competitiveness in the variable annuity payments, makes a charge as of the end available information about selected contract market by eliminating the need of each valuation period against the similar industry products, taking into for filing redundant exemptive assets of the Account held with respect consideration such factors as the applications, thereby reducing Principal to the Contract. If the charge is method used in charging sales loads, Mutual’s costs. The delay and expense insufficient to cover the actual costs of any contractual right to increase charges of repeatedly seeking exemptive relief the mortality and expense risk assumes, above current levels and the existence of for substantially similar contracts, new the financial loss will fall on Principal charges against separate account assets separate accounts or new principal Mutual; conversely, if the charge proves for other than mortality and expense underwriters could impair Principal more than sufficient, the excess will be risks. Principal Mutual will maintain its Mutual’s ability to take effective a gain to Principal Mutual. principal office, available to the advantage of business opportunities that 4. The relevant portions of Sections Commission upon request, a might arise. There is no benefit or 26(a)(2)(C) and 27(c)(2) of the Act memorandum setting forth in detail the additional protection afforded to prohibit a registered unit investment products analyzed in the course of, and investors by requiring Applicants trust and any depositor thereof or the methodology and results of, the repeatedly to seek exemptive relief with underwriter therefor from selling comparative survey made. respect to the same issues addressed in periodic payment plan certificates 9. Applicants acknowledge that the this application. unless the proceeds of all payments sales load and the deferred sales charge 12. Applicants represent that, before (other than the sales load) are deposited under the Contracts will be insufficient any Future Contracts are made available with a qualified bank as trustee or to cover all costs relating to the for sale to the public, Principal Mutual custodian and held under arrangements distribution of the Contracts and if a will have determined that the mortality which prohibit any payment to the profit is realized from the mortality and and expense risk charge under the depositor or principal underwriter expense risk charge, all or a portion of Future Contracts is within the range of except a fee, not exceeding such such profit may be offset by distribution industry practice for comparable reasonable amount as the Commission expenses not reimbursed by sales annuity products based upon its charges. In such circumstances a portion analysis of then publicly available may prescribe, for performing of the mortality and expense risk charge information about selected similar bookkeeping and other administrative might be viewed as providing for a industry products. Principal Mutual services of a character normally portion of the costs relating to will maintain at its principal office, performed by the bank itself. distribution of the Contracts. available to the Commission upon 5. In the Prior Order, Applicants Notwithstanding the foregoing, request, a memorandum setting forth in received exemptive relief necessary to Principal Mutual has concluded that detail the products analyzed in the deduct a mortality and expense risk there is reasonable likelihood that the course of, and the methodology and charge from the assets of the Account. proposed distribution financing results of, the comparative survey made. For assuming mortality and expense arrangements made with respect to the 13. Applicants also represent that, if risks, Principal Mutual currently Contracts will benefit the Account, the the sales charges under any Future deducts from each division of the Contractholders and plan participants. Contracts are expected to be insufficient Account a charge at a simple annual rate The basis for that conclusion is set forth to cover the costs of distributing the of 0.33 percent for certain Contracts and in a memorandum which will be Contracts, Principal Mutual, before such 0.55 percent for other Contracts. In maintained by Principal Mutual at its Future Contracts are made available for accordance with the right it has reserved principal office and will be available to sale to the public, will have concluded to increase the charge up to 1.25 the Commission upon request. that there is a reasonable likelihood that percent, subject to certain limitations, 10. Principal Mutual represents that the proposed distribution financing Principal Mutual intends to increase the Account will invest only in arrangements made with respect to the those charges to 0.42 percent and 0.64 underlying mutual funds which Future Contracts will benefit the percent, respectively. undertake, in the event such funds Account or the Future Account, as 6. Contracts issued prior to March 31, should adopt any plan under Rule 12b– applicable, the contractholders and plan 1995, contained an additional limitation 1 to finance distribution expenses, to participants. The basis for that that permitted a change in the mortality have such plan formulated and conclusion will be set forth in a and expense risk charge only after the approved by a board of directors, a memorandum which will be maintained Contract had been in effect for at least majority of the members of which are by Principal Mutual at its principal one year. That limitation has been not ‘‘interested persons’’ of such fund office and will be available to the eliminated for all Contracts issued within the meaning of Section 2(a)(19) Commission upon request. subsequent to that date. of the Act. 14. Principal Mutual represents that, 7. In order to avoid questions 11. Applicants also request that the if the Future Contract is funded by a regarding the scope of the Prior Order, Prior Order be amended to provide that Future Account, the Future Account Applicants seek an order pursuant to the exemptive relief from Sections will invest only in an underlying Section 6(c) of the Act amending the 26(a)(2)(C) and 27(c)(2) in connection mutual fund which undertakes, in the Prior Order to permit the issuance and with the mortality and expense risk event such fund should adopt any plan sale of the Contracts providing for the charge extend to Future Contracts, under Rule 12b–1 to finance mortality and expense risk charges funded by Future Accounts and sold distribution expenses, to have such plan described above, including the right to through Future Underwriters. formulated and approved by a board of increase the charges up to a maximum Applicants assert that extending the directors, a majority of the members of of 1.25 percent. relied concerning the mortality and which are not ‘‘interested persons’’ of Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13225 such fund within the meaning of The reasons alleged in the application ADDRESSES: The NAVSAC/NBSAC Section 2(a)(19) of the Act. for withdrawing the Security from meeting will be held at the Parc Fifty 15. In the Prior Order, Applicants also listing and registration include the Five Hotel, 55 Cyril Magnin, San received exemptive relief from the following: Francisco, CA. Written material should provisions of Sections 2(a)(35), 27(a)(2) According to the Company, it has be submitted to Margie G. Hegy, and 27(a)(3) to permit the use of the recently signed an agreement with NAVSAC Executive Director, sales load pattern and payment Pacific Telesis Group (‘‘PTG’’) and other Commandant (G–MVO–3), or Albert J. arrangements described in the parties to sell all of its interests in its Marmo, NBSAC Executive Director (G– application that resulted in the Prior wireless cable assets to PTG and then NAB), U.S. Coast Guard, 2100 Second Order. Applicants now request that this liquidate the company as reported to the Street SW., Washington, DC 20593– relief extend to Future contracts that are Commission in the company’s Form 10– 0001. funded by the Account or any Future KSB for the year ended October 31, FOR FURTHER INFORMATION CONTACT: Accounts and that may be offered by 1995. The Board of Directors of TTI has Margie G. Hegy, NAVSAC Executive Princor or any Future Underwriters. subsequently approved a plan of Director, Commandant (G–MVO–3), or Applicants assert that extending the liquidation which includes terminating Albert J. Marmo, NBSAC Executive relief previously granted in this manner all of TTI’s contractual relationships Director (G–NAB), U.S. Coast Guard, is appropriate in the public interest for and agreements. 2100 Second Street SW., Washington, the same reasons as those discussed in Any interested person may, on or DC 20593–0001, telephone (202) 267– paragraph 11, above. before April 10, 1996, submit by letter 0415 or (202) 267–0950. 16. The reasons advanced in support to the Secretary of the Securities and SUPPLEMENTARY INFORMATION: Notice of of the exemptive application resulting Exchange Commission, 450 Fifth Street, this meeting is given pursuant to the in the Prior Order apply with equal N.W., Washington, D.C. 20549, facts Federal Advisory Committee Act, 5 force, Applicants assert, to Future bearing upon whether the application U.S.C. App. 2 § 1 et seq. The agenda for Contracts, Future Accounts and Future has been made in accordance with the the joint NAVSAC/NBSAC sessions will Underwriters. The abuse intended to be rules of the exchanges and what terms, include discussion of the following curbed by Section 27(a)(3) (excessive if any, should be imposed by the topics: front-end loading of periodic payment Commission for the protection of (1) Prevention Through People plans) is not, and will not be presented investors. The Commission, based on Initiative; by the sales load structure of the the information submitted to it, will (2) Recreational Boating Safety Contracts or Future Contracts. issue an order granting the application Program Direction; after the date mentioned above, unless Conclusion (3) Vessel Visibility and the Commission determines to order a Identification; For the reasons summarized above, hearing on the matter. (4) Status of Nautical Charting Applicants represent that the For the Commission, by the Division of Program; exemptions requested are necessary and Market Regulation, pursuant to delegated (5) Multiple Use Waterway Conflicts; appropriate in the public interest and authority. and, consistent with the protection of Jonathan G. Katz, (6) Prioritizing Commercial and investors and the purposes fairly Secretary. Recreational Boating Issues. intended by the policy and provisions of [FR Doc. 96–7229 Filed 3–25–96; 8:45 am] The meeting will begin on Saturday the Act. BILLING CODE 8010±01±M morning with separate NAVSAC and For the Commission, by the Division of NBSAC plenary sessions before the joint Investment Management, pursuant to session begins at 10:15 a.m. Items to be delegated authority. discussed in these sessions include boat Margaret H. McFarland, DEPARTMENT OF TRANSPORTATION occupant protection and the status of differential global positioning system Deputy Secretary. Coast Guard [FR Doc. 96–7237 Filed 3–25–96; 8:45 am] (DGPS) and the Coast Guard’s radionavigation responsibilities. BILLING CODE 8010±01±M [CGD 96±012] Committee meetings will be held on Navigation Safety Advisory Council Sunday morning. NBSAC’s Boat Issuer Delisting; Notice of Application (NAVSAC) and National Boating Safety Occupant Protection Subcommittee will To Withdraw From Listing and Advisory Council (NBSAC) Joint meet from 8:00 to 11:00 a.m. Prevention Registration (Transworld Meeting Through People and Vessel Visibility Telecommunications, Inc., Common and Identification Committee, Stock, $0.001 Par Value) File No. 1± AGENCY: Coast Guard, DOT. comprised of members of both NAVSAC 13410 ACTION: Notice of meeting. and NBSAC will meet from 8:30 to 11:30 a.m. March 20, 1996. SUMMARY: NAVSAC and NBSAC will NAVSAC/NBSAC will reconvene on Transworld Telecommunications, Inc. meet jointly to discuss various issues Monday at 8:00 a.m. in joint plenary (‘‘Company’’) has filed an application relating to commercial and recreational session to hear committee reports, and with the Securities and Exchange boat safety. The meeting will be open to break into separate afternoon plenary Commission (‘‘Commission’’), pursuant the public. sessions. Topics to be discussed in to Section 12(d) of the Securities DATES: The NAVSAC/NBSAC meeting NAVSAC’s plenary session include Exchange Act of 1934 (‘‘Act’’) and Rule will be held April 27 through 29, 1996, Implementation of the 1995 STCW 12d2–2(d) promulgated thereunder, to from 8:00 a.m. to approximately 5:00 Amendments and Inland Navigation withdraw the above specified security p.m. each day except Sunday, when Rule 9. NBSAC will discuss the (‘‘Securities’’) from listing and committee meetings will end at 11:30 emergency position indicating radio registration on the Boston Stock a.m. Written material must be received beacon 121.5 MHz transition plan, Exchange Incorporated (‘‘BSE’’). on or before April 19, 1996. nonprofit grant solicitation, and the 13226 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

Boat Occupant Protection Subcommittee the Associate Administrator for Civil ADDRESSES: The public meeting will be report. Aviation Security, 800 Independence at the Westin Galleria Hotel, 5060 West Attendance at the meeting is open to Avenue, SW., Washington, DC 20591, Alabama, Houston, TX 77056, (713) the public. With advance notice, and at telephone 202–267–7451. 960–8100. the Chairman’s discretion, members of Issued in Washington, DC on March 20, Send written comments in duplicate the public may make oral presentations 1996. to the Dockets Unit, Room 8421, RSPA, during the meeting. Persons wishing to Quinten T. Johnson, DOT, 400 Seventh St., SW, Washington, make oral presentations should notify DC 20590–0001. Identify the docket and Acting Director of Civil Aviation Security and the Executive Director, listed above Policy Planning. notice numbers in the notice heading. under ADDRESSES, no later than April All comments and docketed material [FR Doc. 96–7298 Filed 3–25–96; 8:45 am] 19, 1996. Written material may be will be available for inspection and submitted at any time for presentation BILLING CODE 4910±13±M copying in the Dockets Unit, Room to the Councils. However, to ensure 8421, between 8:30 a.m. and 4:30 p.m. advance distribution to each Council Research and Special Programs Monday thru Friday. member, persons submitting written Administration FOR FURTHER INFORMATION CONTACT: material are asked to provide 21 copies Melanie Barber or Eben Wyman, OPS, to the Executive Director no later than [Docket PS±142; Notice 3] DOT, Room 2335, 400 Seventh Street, April 19, 1996. S.W., Washington, D.C. 20590–0001, Risk Management Public Meeting Date: March 19, 1996. fax: (202) 366–4566, Melanie Barber’s Rudy K. Peschel, AGENCY: Research and Special Programs office: (202) 366–4560, e-mail: Rear Admiral, U.S. Coast Guard, Chief, Office Administration (RSPA), DOT. [email protected] and Eben of Navigation Safety and Waterway Services. ACTION: Public meeting notice. Wyman’s office: (202) 366–0918, e-mail: [FR Doc. 96–7170 Filed 3–25–96; 8:45 am] [email protected]. SUMMARY: This notice announces a BILLING CODE 4910±14±M SUPPLEMENTARY INFORMATION public meeting, Risk Management and the Pipeline Industry, Your Input into I. Background Federal Aviation Administration Regulatory Reform, to discuss The first risk management public Government and industry work on the meeting, held November 6–9, 1995, in SUMMARY: Notice is hereby given of a feasibility and benefits of using risk McLean, Virginia, gave over four meeting of the Aviation Security management to improve safety and hundred participants a chance to share Advisory Committee. efficiency in the pipeline industry. The their views on risk management. The DATES: The meeting will be held April Risk Management Quality Team, which meeting featured public and private 23, 1996 from 9 a.m. to 12 p.m. represents the pipeline industry, sector risk management leaders and ADDRESS: The meeting will be held in Government, and the public, will break-out sessions to address the many the MacCracken Room 10th floor, discuss issues related to an interim risk challenges that moving from the current Federal Aviation Administration, 800 management standard, a regulatory regulatory system to conducting risk Independence Avenue, SW., framework for risk management, management demonstration projects Washington, DC 20591, telephone 202– performance measures, and poses. The April meeting will address 267–7451. communication with the public. the issues that were raised at the SUPPLEMENTARY INFORMATION: Pursuant Pipeline companies will share November meeting and help OPS and to section 10(a)(2) of the Federal information on their risk management the pipeline industry create the Advisory Committee Act (Pub. L. 92– programs. foundation for the risk management 463; 5 U.S.C. App. II), notice is hereby DATES: The public meeting will be from demonstration projects. These projects given of a meeting of the Aviation 7 p.m. to 9 p.m. on April 14 and from will test whether a company creating a Security Advisory Committee to be held 8 a.m. to 5 p.m. on April 15 at the plan to manage risks can equal or April 23, 1996, in the MacCracken Westin Galleria Hotel in Houston, exceed the safety level reached by Room, tenth floor, Federal Aviation Texas. The sponsors need to know the complying with current regulations. Administration, 800 Independence number of participants to have enough The pipeline industry’s move toward Avenue, SW., Washington, DC. The conference background materials and risk management results from the agenda for the meeting will include space in the main meeting and break out pipeline industry’s desire to reports on the Universal Access System, session rooms. To register for the April demonstrate its willingness to improve Rewrites of FAR 107 and 108, Status of 14 and 15 meeting, please contact Allie pipeline safety, from OPS’ and the RTCA, and AVSEC Baseline. Chamberlain, API, 1220 L ST, NW, pipeline industry’s recognition that cost Attendance at the April 23, 1996, Washington, D.C., 20005, o: (202) 682– effective improvements can be made meeting is open to the public but is 8229, fax: (202) 682–8222. Participants outside the current regulatory limited to space available. Members of may choose to pay a fee to cover lunch environment, and from the public’s the public may address the committee and refreshments at breaks. A fee is not interest in OPS protecting people and only with the written permission of the required to attend or to participate in the environment from the dangers chair, which should be arranged in the meeting. People who are unable to pipelines pose. OPS, pipeline industry, advance. The chair may entertain public attend may submit written comments in State, and public representatives have comment if, in its judgment, doing so duplicate on moving toward conducting been working on a Risk Management will not disrupt the orderly progress of risk management demonstration projects Quality Team to create, evaluate, and the meeting and will not be unfair to by May 15, 1996. Interested people test an alternative approach to any other person. Members of the public should submit as part of their written improving pipeline safety. Risk are welcome to present written material comments all material that is relevant to management assigns the greatest assets to the committee at any time. Persons statements of fact or argument. Late to the greatest risks pipelines pose. It wishing to present statements or obtain filed comments will be considered as far systematically applies management information should contact the Office of as practicable. policies, procedures, resources, and Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13227 practices to analyzing, assessing, and design program elements needed for the the Board’s decision. To purchase a controlling risks to protect the public, risk management demonstration projects copy of the full decision write to, call, the environment, and company and will address questions from the or pick up in person from: DC NEWS & employees and assets. The meeting is November meeting. DATA, INC., Room 2229, 1201 designed for all pipeline stakeholders to For information on the April 14 and Constitution Avenue, N.W., learn more about how risk management 15 meeting, please contact Melanie Washington, DC 20423, or telephone would work in the pipeline industry Barber, OPS; John Erickson, A.G.A., (202) 289–4357. [Assistance for the and the effect it would have on the 1515 Wilson Blvd., Arlington, VA hearing impaired is available through environment, human safety, and all 22209–2469, o: (703) 841–8450, fax: TDD services (202) 927–5721.] stakeholders. The benefits the meeting 841–8492, e-mail: jerick06.reach.com; This action will not significantly offers are: (1) Learning about risk Michele Joy, AOPL, 1101 Vermont Ave., affect either the quality of the human management processes and tools N.W., Washington, D.C. 20005–3521, o: environment or energy conservation. pipeline companies are using, (2) (202) 408–7970, fax: 408–7983; Marty Pursuant to 5 U.S.C. 605(b), we contributing ideas on the technical Matheson, API, 1220 L St., N.W., conclude that our action will not have standard, regulatory framework, and Washington, D.C. 20005, o: (202) 682– a significant economic impact on a baseline safety performance measures 8192, fax: (202) 682–8222, e-mail: substantial number of small entities for the risk management demonstration [email protected]; Bob Cave, APGA, within the meaning of the Regulatory program, and (3) considering whether a Suite 102, 11094–D Lee Highway, Flexibility Act. company would like to compete to Fairfax, VA 22030, o: (703) 352–3890, Decided: March 19, 1996. conduct a demonstration program. fax: 352–1271; Tina Thomas, GRI, Suite By the Board, Chairman Morgan, Vice II. Risk Management Public Meeting 730 North, 1331 Pennsylvania Ave., Chairman Simmons, and Commissioner N.W., Washington, D.C. 20004, o: (202) Owen. A risk management drama will 662–8937, fax: 347–6925, e-mail: Vernon A. Williams, highlight the challenges OPS, State [email protected]; Terry Boss, INGAA, Secretary. pipeline regulators, the pipeline Suite 300 West, 555 Thirteenth St., [FR Doc. 96–7240 Filed 3–25–96; 8:45 am] industry, and the public will face when N.W., Washington, D.C. 20004, o: (202) BILLING CODE 4915±00±P risk management demonstration projects 626–3234, fax: 626–3249, e-mail: are conducted. At the April 15 and 15 [email protected]; Shelley Leavitt Nadel, meeting, speakers, panel members, and NACE International, P.O. Box 21834, Surface Transportation Board 1 the risk management drama cast will Houston, TX 77218–8340, e-mail: [STB Finance Docket No. 32799] include: representatives from OPS [email protected]; or Rick Marini, Headquarters and Regions, State NARUC, NH Public Utilities Economic Development Rail pipeline safety offices, fire fighting and Commission, 8 Old Suncook RD, hazardous material response officers, Corporation and Economic Concord, NH 03301, o: (603) 271–2443, Development Rail II CorporationÐ the public, pipeline trade associations, fax: (603) 271–3878. and companies including Chevron, ExemptionÐCommon Control Shell, Tenneco, Natural Gas Pipe Line, Issued in Washington, DC, on March 21, Economic Development Rail 1996. American Natural Resources, Enron, Corporation (EDRC) and Economic and Mapco. Richard B. Felder, Development Rail II Corporation (EDR– Key topics include technical Associate Administrator for Pipeline Safety. II), non-profit quasi-public entities, have standards, a risk management regulatory [FR Doc. 96–7289 Filed 3–25–96; 8:45 am] jointly filed a notice of exemption for framework, effective risk BILLING CODE 4910±60±P common control because both entities communication, risk management own active rail lines that are managed demonstration projects, safety by the same group of trustees and performance measures, how to measure Surface Transportation Board directors.2 EDRC owns a rail line in and program effectiveness, how state and [STB Ex Parte No. 290 (Sub No. 5) (96± around Youngstown, OH, that is federal regulators could interact with 2)] operated by the Youngstown and industry, and how much information Austintown Railroad, and EDR–II owns companies will have to share with OPS. Quarterly Rail Cost Adjustment Factor a rail line in and around Warren, OH, Sponsoring the April 14 and 15, 1996, AGENCY: Surface Transportation Board. meeting are the Office of Pipeline Safety 1 The ICC Termination Act of 1995, Pub. L. No. (OPS), the American Petroleum Institute ACTION: Approval of rail cost adjustment 104–88, 109 Stat. 803 (the Act), which was enacted (API), the Association of Oil Pipe Lines factor. on December 29, 1995, and took effect on January (AOPL), the American Gas Association 1, 1996, abolished the Interstate Commerce SUMMARY: The Board has approved a Commission (ICC) and transferred certain functions (AGA), the Gas Research Institute (GRI), second quarter 1996 rail cost adjustment to the Surface Transportation Board (Board). This the Interstate Natural Gas Association of decision notice relates to functions that are subject factor (RCAF) and cost index filed by America (INGAA), the American Public to Board jurisdiction pursuant to 49 U.S.C. 11323. the Association of American Railroads. 2 Gas Association (APGA), NACE Petitioners state that they neglected to file a The second quarter RCAF (Unadjusted) notice of exemption for common control upon International, and the National is 1.063. The second quarter RCAF EDR–II’s reactivating an abandoned rail line from Association of Regulatory Utility (Adjusted) is 0.769, a decrease of 1.7% CSX Transportation, Inc., in 1993. Petitioners seek Commissioners (NARUC). to correct that omission by filing this notice of Participants will get the latest from the first quarter 1996 RCAF exemption. In addition, in a filing made by EDR– information on the Risk Management (Adjusted). II in Finance Docket No. 32798 contemporaneous EFFECTIVE DATE: April 1, 1996. with the filing of this notice of exemption, EDR–II Quality Team’s work and public is requesting an exemption under 49 U.S.C. 10502 comments on the Federal Register FOR FURTHER INFORMATION CONTACT: H. from the prior approval requirements of 49 U.S.C. notice outlining a draft regulatory Jeff Warren, (202) 927–6243. TDD for 10902 for EDR–II to acquire certain rail lines in the the hearing impaired: (202) 927–5721. Warren, OH area from Consolidated Rail framework for risk management Corporation (Conrail). The lines to be acquired from demonstration projects. Break out SUPPLEMENTARY INFORMATION: Conrail cross, but do not connect with lines already sessions will allow participants to help Additional information is contained in owned by EDR–II. 13228 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices that is operated by the Warren & Hancock County, IL, from MP 222.6 to Decided: March 20, 1996. Trumbull Railroad Company. MPW 227.7 (of which 1.5 miles are By the Board, David M. Konschnik, Petitioners state that: (1) The rail lines actively operated from MPW 222.6 to Director, Office of Proceedings. owned by EDRC and EDR–II do not MP 224.1) and 4.5 miles of track Vernon A. Williams, physically connect, (2) there are no extending from Keokuk westward from Secretary. plans to acquire or operate additional MP 0.0 to MP 4.5 (of which 2.5 miles [FR Doc. 96–7241 Filed 3–25–96; 8:45 am] rail lines for the purpose of making a are actively operated from MP 0.0 to MP BILLING CODE 4915±00±P connection; and (3) the transaction does 2.5). Pioneer will make a tender offer to not involve a Class I carrier. Therefore, acquire the remaining stock of KJRY. the transaction is exempt from the prior The transaction was scheduled to be approval requirements of 49 U.S.C. consummated on or after March 8, 1996. DEPARTMENT OF THE TREASURY 11323. See 49 CFR 1180.2(d)(2). Pioneer owns and controls eight Under 49 U.S.C. 10502(g), the Board existing Class III shortline rail carriers: Customs Service may not use its exemption authority to West Michigan Railroad Co., operating relieve a rail carrier of its statutory in Michigan; Fort Smith Railroad Co., [T.D. 96±19] obligation to protect the interests of its operating in Arkansas; Alabama employees. Section 11326(c), however, Railroad Co., operating in Alabama; Request for Public Comments does not provide for labor protection for Mississippi Central Railroad Co., Concerning Dissemination of Existing transactions under sections 11324 and operating in Mississippi and Tennessee; Information Product and Elimination of 11325 that involve only Class III rail Alabama & Florida Railway Co., Microfiche carriers. Because this transaction operating in Alabama; Decatur Junction involves Class III rail carriers only, the Railway Co., operating in Illinois; AGENCY: Customs Service, Department Board, under the statute, may not Vandalia Railroad Company, operating of the Treasury. impose labor protective conditions for in Illinois; and Minnesota Central ACTION: General notice; extension of this transaction. Railroad Co., operating in Minnesota. comment period. Petitions to revoke the exemption Pioneer states that: (i) The railroads under 49 U.S.C. 10502(d) may be filed will not connect with each other or any SUMMARY: On February 22, 1996, at any time. The filing of a petition to railroad in their corporate family; (ii) Customs published in the Federal revoke will not automatically stay the the acquisition of control is not part of Register a document inviting public transaction. Pleadings must be filed a series of anticipated transactions that comments regarding its intention to with the Board and served on: Robert A. would connect the nine railroads with provide Customs rulings, future Wimbish, Suite 420, 1920 N Street, each other or any railroad in their publications and additional information N.W., Washington, D.C. 20036. corporate family; and (iii) the in CD–ROM and the Internet formats Decided: March 20, 1996. transaction does not involve a Class I with built-in search capabilities and By the Board, David M. Konschnik, carrier. Therefore, the transaction is ‘‘hypertext’’ links. The document also Director, Office of Proceedings. exempt from the prior approval requested comments regarding the Vernon A. Williams, requirements of 49 U.S.C. 11323. See 49 possible elimination of the microfiche Secretary. CFR 1180.2(d)(2). format used to presently supply rulings Under 49 U.S.C. 10502(g), the Board [FR Doc. 96–7242 Filed 3–25–96; 8:45 am] to the public by subscription. Comments may not use its exemption authority to BILLING CODE 4915±00±P were to be received on or before March relieve a rail carrier of its statutory 25, 1996. This document extends for an obligation to protect the interests of its additional 30 days the period of time [STB Finance Docket No. 32877] employees. Section 11326(c), however, within which interested members of the does not provide for labor protection for public may comment on the proposals. Pioneer Railcorp; Acquisition of transactions under sections 11324 and Control Exemption; KNRECO, Inc., d/b/ 11325 that involve only Class III rail DATES: Comments must be received on a/ Keokuk Junction Railway carriers. Because this transaction or before April 25, 1996. involves Class III rail carriers only, the Pioneer Railcorp. (Pioneer), a ADDRESSES: Written comments Board, under the statute, may not noncarrier holding company, has filed a (preferably in triplicate) may be impose labor protective conditions for notice of exemption to acquire a addressed to the Regulations Branch, this transaction. controlling interest (66.62% of the U.S. Customs Service, Franklin Court, If the notice contains false or stock) of KNRECO, Inc., d/b/a Keokuk 1301 Constitution Avenue, N.W., misleading information, the exemption Junction Railway (KJRY) from its Washington, D.C. 20229. Comments is void ab initio. Petitions to revoke the majority shareholder John Warfield. submitted may be inspected at the exemption under 49 U.S.C. 10502(d) KJRY is a Class III common carrier Regulations Branch, Office of may be filed at any time. The filing of railroad which owns 38 miles of track Regulations and Rulings, Franklin a petition to revoke will not as follows: 28.4 miles of track from Court, 1099 14th Street N.W., Suite automatically stay the transaction. Keokuk to LaHarpe, Hancock County, 4000W, Washington, D.C. An original and 10 copies of all IL, from MP 195.0 to MP 223.4; 5.1 pleadings, referring to STB Finance FOR FURTHER INFORMATION CONTACT: miles of track from Hamilton to Warsaw, Docket No. 32877, must be filed with For contents and technical aspects of the Surface Transportation Board, Office 1 The ICC Termination Act of 1995, Pub. L. 104– the CD–ROM: Howard Plofker, 202– 88, 109 Stat. 803, which was enacted on December of the Secretary, Case Control Branch, 482–7077. 29, 1995, and took effect on January 1, 1996, 1201 Constitution Avenue, N.W., abolished the Interstate Commerce Commission and Washington, DC 20423 and served on: For the Internet: Kathy Davis, 202– transferred certain functions to the Surface 927–0255. Transportation Board (Board). This notice relates to Keith G. O’Brien, Esq., Rea, Cross & functions that are subject to Board jurisdiction Auchincloss, Suite 420, 1920 N Street, For the microfiche: Thomas Budnik, pursuant to 49 U.S.C. 11323. N.W., Washington, DC 20036. 202–482–6909. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13229

SUPPLEMENTARY INFORMATION: AK, AZ, AR, CA, CO, CT, DE, DC, FL, Activities, Office of Thrift Supervision, Background GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, or her designee, acting pursuant to MI, MN, MS, MO, MT, NE, NV, NH, delegated authority, approved the On February 22, 1996, Customs NM, NY, NC, ND, OH, OK, OR, PA, RI, application of Citizens Savings Bank, published a document in the Federal SC, SD, TN, TX, UT, VT, VA, WA, WV, F.S.B., Normal, Illinois, to convert to the Register (61 FR 6892) requesting public WI, WY. INCORPORATED IN: Florida. stock form of organization. Copies of the comments concerning proposals to Certificates of Authority expire on provide rulings, future publications and application are available for inspection June 30 each year, unless revoked prior at the Dissemination Branch, Office of additional information in two new to that date. The Certificates are subject Thrift Supervision, 1700 G Street, N.W., formats (CD–ROM and the Internet) to subsequent annual renewal as long as Washington, D.C. 20552, and the Central with built-in search capabilities and the companies remain qualified (31 CFR ‘‘hypertext’’ links, and to eliminate one part 223). A list of qualified companies Regional Office, Office of Thrift format used to supply rulings to the is published annually as of July 1 in Supervision, 200 West Madison Street, public by subscription (microfiche). Treasury Department Circular 570, with Suite 1300, Chicago, Illinois 60606. Comments were requested by March 25, details as to underwriting limitations, Dated: March 18, 1996. 1996. areas in which licensed to transact By the Office of Thrift Supervision. Customs has been requested to extend surety business and other information. the period of time for comments to The Circular may be viewed or Nadine Y. Washington, allow interested parties to have more downloaded by calling the U.S. Corporate Secretary. time to consider the proposals. Customs Department of the Treasury, Financial [FR Doc. 96–7186 Filed 3–25–96; 8:45 am] believes that it would be appropriate to Management Service, computerized BILLING CODE 6720±01±P grant the request. Accordingly, the public bulletin board system (FMS period of time for the submission of Inside Line) at (202) 874–6817/7034/ comments is being extended 30 days. 6953/6872. A hard copy may be [AC±20; OTS No. 2721] Dated: March 21, 1996. purchase from the Government Printing Stuart P. Seidel, Office (GPO), Washington, DC, First Federal Bank of Arkansas, FA, Assistant Commissioner, Office of telephone (202) 512–0132. When Harrison, Arkansas; Approval of Regulations and Rulings. ordering the Circular from GPO, use the Conversion Application [FR Doc. 96–7283 Filed 3–25–96; 8:45 am] following stock number: 048–000– 00489–0. BILLING CODE 4820±02±P Notice is hereby given that on March For further assistance, contact the 19, 1996, the Director, Corporate U.S. Department of the Treasury, Activities, Office of Thrift Supervision, Fiscal Service Financial Management Service, Funds or her designee, acting pursuant to Management Division, Surety Bond delegated authority, approved the [Dept. Circ. 570, 1995 Rev., Supp. No. 7] Branch, 3700 East-West Highway, Room application of First Federal Bank of 6F04, Hyattsville, MD 20782, telephone Surety Companies Acceptable on (202) 874–6696. Arkansas, FA, Harrison, Arkansas, to Federal Bonds: Carolina Casualty convert to the stock form of Insurance Company Dated: March 13, 1996. organization. Copies of the application Charles F. Schwan III, are available for inspection at the A Certificate of Authority as an Director, Funds Management Division, Dissemination Branch, Office of Thrift acceptable surety on Federal Bonds is Financial Management Services. hereby issued to the following company Supervision, 1700 G Street, N.W., [FR Doc. 96–7172 Filed 3–25–96; 8:45 am] Washington, D.C. 20552, and the under Sections 9304 to 9308, Title 31, BILLING CODE 4810±35±M of the United States Code. Federal bond- Midwest Regional Office, Office of approving officers should annotate their Thrift Supervision, 122 W. John Carpenter Freeway, Suite 600, Dallas, reference copies of the Treasury Circular Office of Thrift Supervision 570, 1995 Revisions, on page 34438 to Texas 75039–2010. [AC±19; OTS No. 01570] reflect this addition: Dated: March 20, 1996. Carolina Casualty Insurance Citizens Savings Bank, F.S.B., Normal, By the Office of Thrift Supervision. Company, BUSINESS ADDRESS: P.O. Illinois; Approval of Conversion Nadine Y. Washington, Box 2575, Jacksonville, FL 32203, Application Telephone No. (904) 363–0900. Corporate Secretary. UNDERWRITING LIMITATION b/: Notice is hereby given that on March [FR Doc. 96–7187 Filed 3–25–96; 8:45 am] $5,080,000. SURETY LICENSES c/: AL, 11, 1996, the Director, Corporate BILLING CODE 6720±01±P federal register March 26,1996 Tuesday Streamlining FinalRule Real EstateSettlementProceduresAct; 24 CFRPart3500 Development Housing andUrban Department of Part II 13231 13232 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND can be improved and streamlined by ‘‘Annual Escrow Account Disclosure URBAN DEVELOPMENT eliminating unnecessary provisions. Statement—Example,’’ published at 60 Several provisions in the regulations FR 8830–8831 (Feb. 15, 1995). 24 CFR Part 3500 repeat statutory language from the Real • Appendix K—consisting of Estate Settlement Procedures Act of Appendices K–1 through K–4, each [Docket No. FR±4023±F±01] 1974, 12 U.S.C. 2601 et seq. It is entitled ‘‘Short Year Statements— RIN 2502±AG69 unnecessary to maintain statutory Example,’’ published at 60 FR 8832– requirements in the Code of Federal 8835 (Feb. 15, 1995). • Office of the Assistant Secretary for Regulations (CFR), since those Appendix L—‘‘Side-by-Side HousingÐFederal Housing requirements are otherwise fully Presentation of Old Projection and Commissioner; Real Estate Settlement accessible and binding. Furthermore, if History,’’ published at 60 FR 8836 (Feb. regulations contain statutory language, 15, 1995). Procedures Act; Streamlining Final • Rule HUD must amend the regulations Appendix M—‘‘Illustration of whenever Congress amends the statute. Option of Identifying Simultaneous AGENCY: Office of the Assistant Therefore, this final rule will remove Deficiency and Shortage,’’ published at Secretary for Housing-Federal Housing repetitious statutory language and 60 FR 8837 (Feb. 15, 1995). Commissioner, HUD. replace it with a citation to the specific • Appendix N—‘‘HUD–1 Aggregate ACTION: Final rule. statutory section for easy reference. For Accounting Adjustment Example,’’ example, § 3500.19(a) has been published at 60 FR 8838 (Feb. 15, 1995). SUMMARY: This final rule amends HUD’s substantially streamlined to delete Aside from having been published regulations under the Real Estate provisions that simply repeated previously in the Federal Register as Settlement Procedures Act (RESPA). In statutory provisions that do not need to indicated above, these appendices were an effort to comply with the President’s be implemented by regulation. also published in the 1995 edition of the regulatory reform initiatives, this rule This final rule also removes from CFR (though after publication of the streamlines the RESPA regulations by codification several of the appendices 1995 edition further revisions to eliminating provisions that repeat that previously accompanied part 3500. Appendices G and I were made at 60 FR statutes or are otherwise unnecessary. A The Department intends to preserve the 24735–24740 (May 9, 1995)). While the number of the appendices that were material contained in the appendices to guidance in these appendices remains intended to be illustrative, rather than be removed, but will no longer codify applicable and the examples and regulatory, have been removed from that material. Instead, that material will explanations are very helpful to users, it codification, but will be made available be available as Public Guidance is not necessary that it be published in by the Department as Public Guidance Documents, as defined in this rule. the CFR. HUD will more appropriately Documents. Therefore, this final rule Although not codified, Public Guidance provide this information through other makes the RESPA regulations clearer Documents have been or will be public guidance materials rather than and more concise. published in the Federal Register and maintain it in the CFR. HUD may EFFECTIVE DATE: April 25, 1996. any amendments to the documents will update this information from time to be published in the Federal Register, as time by publication in the Federal FOR FURTHER INFORMATION CONTACT: well. In addition, the rule specifies that Register. The information is also David R. Williamson, Director, Office of these documents are available from available from HUD at the address Consumer and Regulatory Affairs, Room HUD at the address provided. The indicated in 24 CFR 3500.3. 5241, Department of Housing and Urban appendices being removed from The investigation provisions formerly Development, 451 Seventh Street SW., codification are as follows: at § 3500.20 previously were removed Washington, DC 20410, telephone • Appendix G—consisting of: (1) from this Part and consolidated in a new number (202) 708–4560 (this is not a Appendix G–1 entitled ‘‘Initial Escrow part 3800 with similar provisions for toll-free number); or for legal questions: Account Disclosure Statement— manufactured housing (part 3282) and Kenneth A. Markison, Assistant General Format,’’ published at 60 FR 24736 interstate land sales (part 1720) (see FR– Counsel for GSE/RESPA, or Grant E. (May 9, 1995); and (2) Appendix G–2 4026, a reinvention rule published Mitchell, Senior Attorney for RESPA, entitled ‘‘Initial Escrow Account shortly before this rule). Room 9262, Department of Housing and Disclosure Statement—Example,’’ Justification for Final Rulemaking Urban Development, 451 Seventh Street published at 60 FR 8819 (Feb. 15, 1995), SW., Washington, DC 20410, telephone but amended at 60 FR 24735 (May 9, HUD generally publishes a rule for number (202) 708–1550 (this is not a 1995). public comment before issuing a rule for toll-free number). For hearing- or • Appendix H—consisting of effect, in accordance with its own speech-impaired persons, this number Appendix H–1 and Appendix H–2, each regulations on rulemaking in 24 CFR may be accessed via TDD by calling the entitled ‘‘Biweekly Payments— part 10. However, part 10 provides for Federal Information Relay Service at 1– Example,’’ published at 60 FR 8820– exceptions to the general rule if the 800–877–8339. 8821 (Feb. 15, 1995). agency finds good cause to omit SUPPLEMENTARY INFORMATION: On March • Appendix I—consisting of: (1) advance notice and public participation. 4, 1995, President Clinton issued a Appendices I–1, I–2, I–5, and I–6, each The good cause requirement is satisfied memorandum to all Federal entitled ‘‘Annual Escrow Account when prior public procedure is departments and agencies regarding Disclosure Statement—Format,’’ ‘‘impracticable, unnecessary, or contrary regulatory reinvention. In response to published at 60 FR 24737–24740 (May to the public interest’’ (24 CFR 10.1). this memorandum, the Department of 9, 1995); and (2) Appendices I–3, I–4, I– HUD finds that good cause exists to Housing and Urban Development 7, and I–8, each entitled ‘‘Annual publish this rule for effect without first conducted a page-by-page review of its Escrow Account Disclosure Statement— soliciting public comment. This rule regulations to determine which could be Example,’’ published at 60 FR 8824, removes unnecessary regulatory eliminated, consolidated, or otherwise 8825, 8828, and 8829 (Feb. 15, 1995). provisions and nonbinding guidance improved. HUD has determined that the • Appendix J—consisting of material and corrects minor, regulations for implementing RESPA Appendices J–1 and J–2, each entitled nonsubstantive editorial errors in the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13233 text of the current regulations. Because subject to review under the Order. No lender and then assigns the dealer’s of the nature of the changes, prior significant change in existing HUD legal interests to the funding lender and public comment is unnecessary. policies or programs will result from receives the net proceeds of the loan. promulgation of this rule. The funding lender is the lender for the Other Matters purposes of the disclosure requirements List of Subjects in 24 CFR Part 3500 Regulatory Flexibility Act of this part. If a dealer is a ‘‘creditor’’ as The Secretary, in accordance with the Consumer protection, Condominiums, defined under the definition of Regulatory Flexibility Act (5 U.S.C. Housing, Mortgages, Mortgage servicing, ‘‘federally related mortgage loan’’ in this 605(b)), has reviewed and approved this Reporting and recordkeeping part, the dealer is the lender for final rule, and in so doing certifies that requirements. purposes of this part. this rule will not have a significant Accordingly, part 3500 of title 24 of Effective date of transfer is defined in economic impact on a substantial the Code of Federal Regulations is section 6(i)(1) of RESPA (12 U.S.C. number of small entities. This rule amended as follows: 2605(i)(1)). In the case of a home equity merely streamlines regulations by conversion mortgage or reverse removing unnecessary provisions. The PART 3500ÐREAL ESTATE mortgage as referenced in this section, rule will have no adverse or SETTLEMENT PROCEDURES ACT the effective date of transfer is the disproportionate economic impact on 1. The authority citation for part 3500 transfer date agreed upon by the small businesses. continues to read as follows: transferee servicer and the transferor servicer. Environmental Impact Authority: 12 U.S.C. 2601 et seq.; 42 U.S.C. Federally related mortgage loan, also 3535(d). This rulemaking does not have an referred to in this rule as a ‘‘mortgage environmental impact. This rulemaking 2. Sections 3500.1 through 3500.19 loan,’’ is defined in section 3(1) of simply amends an existing regulation by and 3500.21 are revised to read as RESPA (12 U.S.C. 2602(1)). If the consolidating and streamlining follows: residential property securing a mortgage provisions and does not alter the § 3500.1 Designation. loan is not located in a State, it is not environmental effect of the regulations a federally related mortgage loan. A being amended. Findings of No This part may be referred to as federally related mortgage loan also Significant Impact with respect to the Regulation X. includes: environment were made in accordance § 3500.2 Definitions. (1) Any loan (other than temporary with HUD regulations in 24 CFR part 50 financing such as a construction loan) that implement section 102(2)(C) of the (a) Statutory terms. All terms defined in RESPA (12 U.S.C. 2602) are used in which meets the requirements in section National Environmental Policy Act of 3(1)(A) of RESPA (12 U.S.C. 2602(1)(A)) 1969 (42 U.S.C. 4332) at the time of accordance with their statutory meaning unless otherwise defined in paragraph and which is either: development of regulations (i) Originated by a dealer or, if the implementing RESPA. Those findings (b) of this section or elsewhere in this part. obligation is to be assigned to any maker remain applicable to this rule, and are of mortgage loans specified in section available for public inspection between (b) Other terms. As used in this part: Application means the submission of 3(1)(B)(i)–(iv) of RESPA (12 U.S.C. 7:30 a.m. and 5:30 p.m. weekdays in the 2602(1)(B)(i)–(iv), by a mortgage broker; Office of the Rules Docket Clerk, Office a borrower’s financial information in anticipation of a credit decision, or of General Counsel, Room 10276, (ii) The subject of a home equity Department of Housing and Urban whether written or computer-generated, relating to a federally related mortgage conversion mortgage, also frequently Development, 451 Seventh Street, SW, called a ‘‘reverse mortgage,’’ issued by Washington, DC. loan. If the submission does not state or identify a specific property, the any maker of mortgage loans specified Executive Order 12612, Federalism submission is an application for a pre- in section 3(1)(B)(i)–(iv) of RESPA (12 The General Counsel, as the qualification and not an application for U.S.C. 2602(1)(B)(i)–(iv)). Designated Official under section 6(a) of a federally related mortgage loan under (2) Any installment sales contract, Executive Order 12612, Federalism, has this part. The subsequent addition of an land contract, or contract for deed on determined that this rule will not have identified property to the submission otherwise qualifying residential substantial direct effects on States or converts the submission to an property is a federally related mortgage their political subdivisions, or the application for a federally related loan if the contract is funded in whole relationship between the Federal mortgage loan. or in part by proceeds of a loan made government and the States, or on the Business day means a day on which by any maker of mortgage loans distribution of power and the offices of the business entity are specified in section 3(1)(B)(i)–(iv) of responsibilities among the various open to the public for carrying on RESPA (12 U.S.C. 2602(1)(B)(i)–(iv)). levels of government. No programmatic substantially all of the entity’s business Good faith estimate means an or policy changes will result from this functions. estimate, prepared in accordance with rule that would affect the relationship Dealer means, in the case of property section 5 of RESPA (12 U.S.C. 2604), of between the Federal Government and improvement loans, a seller, contractor, charges that a borrower is likely to incur State and local governments. or supplier of goods or services. In the in connection with a settlement. case of manufactured home loans, HUD–1 or HUD–1A settlement Executive Order 12606, The Family ‘‘dealer’’ means one who engages in the statement (also HUD–1 or HUD–1A) The General Counsel, as the business of manufactured home retail means the statement that is prescribed Designated Official under Executive sales. by the Secretary in this part for setting Order 12606, The Family, has Dealer loan or dealer consumer credit forth settlement charges in connection determined that this rule will not have contract means, generally, any with either the purchase or the the potential for significant impact on arrangement in which a dealer assists refinancing (or other subordinate lien family formation, maintenance, or the borrower in obtaining a federally transaction) of 1- to 4-family residential general well-being, and thus is not related mortgage loan from the funding property. 13234 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

Lender means, generally, the secured change in collateral requirements is Administration (NCUA); the Farmers creditor or creditors named in the debt agreed to as a result of the consumer’s Home Administration or its successor obligation and document creating the default or delinquency, unless the rate agency under Public Law 103–354 lien. For loans originated by a mortgage is increased or the new amount financed (FmHA); and the Department of broker that closes a federally related exceeds the unpaid balance plus earned Veterans Affairs (VA), in any case in mortgage loan in its own name in a table finance charges and premiums for which the assignment, sale, or transfer funding transaction, the lender is the continuation of allowable insurance; of the servicing of the mortgage loan is person to whom the obligation is and preceded by termination of the contract initially assigned at or after settlement. (5) The renewal of optional insurance for servicing the loan for cause, A lender, in connection with dealer purchased by the consumer that is commencement of proceedings for loans, is the lender to whom the loan is added to an existing transaction, if bankruptcy of the servicer, or assigned, unless the dealer meets the disclosures relating to the initial commencement of proceedings by the definition of creditor as defined under purchase were provided. FDIC or RTC for conservatorship or ‘‘federally related mortgage loan’’ in this Regulation Z means the regulations receivership of the servicer (or an entity section. See also § 3500.5(b)(7), issued by the Board of Governors of the by which the servicer is owned or secondary market transactions. Federal Reserve System (12 CFR part controlled). Manufactured home is defined in 226) to implement the Federal Truth in Servicing means receiving any § 3280.2 of this title. Lending Act (15 U.S.C. 1601 et seq.), scheduled periodic payments from a Mortgage broker means a person (not and includes the Commentary on borrower pursuant to the terms of any an employee or exclusive agent of a Regulation Z. mortgage loan, including amounts for lender) who brings a borrower and Required use means a situation in escrow accounts under section 10 of lender together to obtain a federally which a person must use a particular RESPA (12 U.S.C. 2609), and making the provider of a settlement service in order related mortgage loan, and who renders payments to the owner of the loan or to have access to some distinct service services as described in the definition of other third parties of principal and or property, and the person will pay for ‘‘settlement services’’ in this section. A interest and such other payments with the settlement service of the particular loan correspondent meeting the respect to the amounts received from provider or will pay a charge requirements of the Federal Housing the borrower as may be required attributable, in whole or in part, to the Administration under § 202.2(b) or pursuant to the terms of the mortgage settlement service. However, the § 202.15(a) of this title is a mortgage servicing loan documents or servicing offering of a package (or combination of broker for purposes of this part. contract. In the case of a home equity settlement services) or the offering of Mortgaged property means the real conversion mortgage or reverse discounts or rebates to consumers for property that is security for the federally mortgage as referenced in this section, the purchase of multiple settlement related mortgage loan. servicing includes making payments to services does not constitute a required Person is defined in section 3(5) of the borrower. use. Any package or discount must be RESPA (12 U.S.C. 2602(5)). Settlement means the process of Public Guidance Documents means optional to the purchaser. The discount executing legally binding documents documents that HUD has published in must be a true discount below the prices regarding a lien on property that is the Federal Register, and that it may that are otherwise generally available, subject to a federally related mortgage amend from time-to-time by publication and must not be made up by higher loan. This process may also be called in the Federal Register. These costs elsewhere in the settlement ‘‘closing’’ or ‘‘escrow’’ in different documents are also available from HUD process. jurisdictions. at the address indicated in 24 CFR RESPA means the Real Estate Settlement service means any service 3500.3. Settlement Procedures Act of 1974, 12 Refinancing means a transaction in U.S.C. 2601 et seq. provided in connection with a which an existing obligation that was Servicer means the person responsible prospective or actual settlement, subject to a secured lien on residential for the servicing of a mortgage loan including, but not limited to, any one or real property is satisfied and replaced (including the person who makes or more of the following: by a new obligation undertaken by the holds a mortgage loan if such person (1) Origination of a federally related same borrower and with the same or a also services the mortgage loan). The mortgage loan (including, but not new lender. The following shall not be term does not include: limited to, the taking of loan treated as a refinancing, even when the (1) The Federal Deposit Insurance applications, loan processing, and the existing obligation is satisfied and Corporation (FDIC) or the Resolution underwriting and funding of such replaced by a new obligation with the Trust Corporation (RTC), in connection loans); same lender (this definition of with assets acquired, assigned, sold, or (2) Rendering of services by a ‘‘refinancing’’ as to transactions with the transferred pursuant to section 13(c) of mortgage broker (including counseling, same lender is similar to Regulation Z, the Federal Deposit Insurance Act or as taking of applications, obtaining 12 CFR 226.20(a)): receiver or conservator of an insured verifications and appraisals, and other (1) A renewal of a single payment depository institution; and loan processing and origination obligation with no change in the (2) The Federal National Mortgage services, and communicating with the original terms; Corporation (FNMA); the Federal Home borrower and lender); (2) A reduction in the annual Loan Mortgage Corporation (Freddie (3) Provision of any services related to percentage rate as computed under the Mac); the RTC; the FDIC; HUD, the origination, processing or funding of Truth in Lending Act with a including the Government National a federally related mortgage loan; corresponding change in the payment Mortgage Association (GNMA) and the (4) Provision of title services, schedule; Federal Housing Administration (FHA) including title searches, title (3) An agreement involving a court (including cases in which a mortgage examinations, abstract preparation, proceeding; insured under the National Housing Act insurability determinations, and the (4) A workout agreement, in which a (12 U.S.C. 1701 et seq.) is assigned to issuance of title commitments and title change in the payment schedule or HUD); the National Credit Union insurance policies; Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13235

(5) Rendering of services by an copies of HUD Public Guidance indicated in § 3500.3. Such attorney; Documents, should be directed to the interpretations provide no protection (6) Preparation of documents, Director, Office of Consumer and under section 19(b) of RESPA (12 U.S.C. including notarization, delivery, and Regulatory Affairs, Department of 2617(b)). Ordinarily, staff or counsel recordation; Housing and Urban Development, 451 will not issue unofficial interpretations (7) Rendering of credit reports and 7th Street SW., Washington, DC 20410– on matters adequately covered by this appraisals; 8000, rather than to HUD field offices. Part or by official interpretations or (8) Rendering of inspections, Legal questions may be directed to the commentaries issued under paragraph including inspections required by Assistant General Counsel, GSE/RESPA (a)(1)(ii) of this section. applicable law or any inspections Division, at this address. (c) All informal counsel’s opinions required by the sales contract or and staff interpretations issued before mortgage documents prior to transfer of § 3500.4 Reliance upon rule, regulation or November 2, 1992, were withdrawn as title; interpretation by HUD. of that date. Courts and administrative (9) Conducting of settlement by a (a) Rule, regulation or agencies, however, may use previous settlement agent and any related interpretation.—(1) For purposes of opinions to determine the validity of services; sections 19 (a) and (b) of RESPA (12 conduct under the previous Regulation (10) Provision of services involving U.S.C. 2617 (a) and (b)) only the X. mortgage insurance; following constitute a rule, regulation or (11) Provision of services involving interpretation of the Secretary: § 3500.5 Coverage of RESPA. hazard, flood, or other casualty (i) All provisions, including (a) Applicability. RESPA and this part insurance or homeowner’s warranties; appendices, of this part. Any other apply to all federally related mortgage (12) Provision of services involving document referred to in this part is not loans, except for the exemptions mortgage life, disability, or similar incorporated in this part unless it is provided in paragraph (b) of this insurance designed to pay a mortgage specifically set out in this part; section. loan upon disability or death of a (ii) Any other document that is (b) Exemptions. (1) A loan on borrower, but only if such insurance is published in the Federal Register by the property of 25 acres or more. required by the lender as a condition of Secretary and states that it is an (2) Business purpose loans. An the loan; ‘‘interpretation,’’ ‘‘interpretive rule,’’ extension of credit primarily for a (13) Provision of services involving ‘‘commentary,’’ or a ‘‘statement of business, commercial, or agricultural real property taxes or any other policy’’ for purposes of section 19(a) of purpose. The definition of such an assessments or charges on the real RESPA. Such documents will be extension of credit for purposes of this property; prepared by HUD staff and counsel. exemption generally parallels (14) Rendering of services by a real Such documents may be revoked or Regulation Z, 12 CFR 226.3(a)(1), and estate agent or real estate broker; and amended by a subsequent document persons may rely on Regulation Z in (15) Provision of any other services published in the Federal Register by the determining whether the exemption for which a settlement service provider Secretary. applies. Notwithstanding the foregoing, requires a borrower or seller to pay. (2) A ‘‘rule, regulation, or the exemption in this section for Special information booklet means interpretation thereof by the Secretary’’ business purpose loans does not include the booklet prepared by the Secretary for purposes of section 19(b) of RESPA any loan to one or more persons acting pursuant to section 5 of RESPA (12 (12 U.S.C. 2617(b)) shall not include the in an individual capacity (natural U.S.C. 2604) to help persons understand special information booklet prescribed persons) to acquire, refinance, improve, the nature and costs of settlement by the Secretary or any other statement or maintain 1- to 4-family residential services. The Secretary publishes the or issuance, whether oral or written, by property used, or to be used, to rent to form of the special information booklet an officer or representative of the other persons. An individual who in the Federal Register. The Secretary Department of Housing and Urban voluntarily chooses to act as a sole may issue or approve additional Development (HUD), letter or proprietorship is not considered to be booklets or alternative booklets by memorandum by the Secretary, General acting in an individual capacity for publication of a Notice in the Federal Counsel, any Assistant Secretary or purposes of this part. Register. other officer or employee of HUD, (3) Temporary financing. Temporary State means any State of the United preamble to a regulation or other financing, such as a construction loan. States, the District of Columbia, the issuance of HUD, Public Guidance The exemption for temporary financing Commonwealth of Puerto Rico, and any Document, report to Congress, pleading, does not apply to a loan made to finance territory or possession of the United affidavit or other document in litigation, construction of 1- to 4-family residential States. pamphlet, handbook, guide, telegraphic property if the loan is used as, or may Table funding means a settlement at communication, explanation, be converted to, permanent financing by which a loan is funded by a instructions to forms, speech or other the same lender or is used to finance contemporaneous advance of loan funds material of any nature which is not transfer of title to the first user. If a and an assignment of the loan to the specifically included in paragraph (a)(1) lender issues a commitment for person advancing the funds. A table- of this section. permanent financing, with or without funded transaction is not a secondary (b) Unofficial interpretations; staff conditions, the loan is covered by this market transaction (see § 3500.5(b)(7)). discretion. In response to requests for part. Any construction loan for new or Title company means any institution, interpretation of matters not adequately rehabilitated 1- to 4-family residential or its duly authorized agent, that is covered by this part or by an official property, other than a loan to a bona qualified to issue title insurance. interpretation issued under paragraph fide builder (a person who regularly § 3500.3 Questions or suggestions from (a)(1)(ii) of this section, unofficial staff constructs 1- to 4-family residential public and copies of public guidance interpretations may be provided at the structures for sale or lease), is subject to documents. discretion of HUD staff or counsel. this part if its term is for two years or Any questions or suggestions from the Written requests for such interpretations more. A ‘‘bridge loan’’ or ‘‘swing loan’’ public regarding RESPA, or requests for should be directed to the address in which a lender takes a security 13236 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations interest in otherwise covered 1- to 4- § 3500.2) after the application is method of reproduction may be used so family residential property is not received or prepared. However, if the long as the booklet is clearly legible. covered by RESPA and this part. lender denies the borrower’s application (d) Permissible changes. (1) No (4) Vacant land. Any loan secured by for credit before the end of the three- changes to, deletions from, or additions vacant or unimproved property, unless business-day period, then the lender to the special information booklet within two years from the date of the need not provide the booklet to the currently prescribed by the Secretary settlement of the loan, a structure or a borrower. If a borrower uses a mortgage shall be made other than those specified manufactured home will be constructed broker, the mortgage broker shall in this paragraph (d) or any others or placed on the real property using the distribute the special information approved in writing by the Secretary. A loan proceeds. If a loan for a structure booklet and the lender need not do so. request to the Secretary for approval of or manufactured home to be placed on The intent of this provision is that the any changes shall be submitted in vacant or unimproved property will be applicant receive the special writing to the address indicated in secured by a lien on that property, the information booklet at the earliest § 3500.3, stating the reasons why the transaction is covered by this part. possible date. applicant believes such changes, (5) Assumption without lender (2) In the case of a federally related deletions or additions are necessary. approval. Any assumption in which the mortgage loan involving an open-ended (2) The cover of the booklet may be lender does not have the right expressly credit plan, as defined in § 226.2(a)(20) in any form and may contain any to approve a subsequent person as the of Regulation Z (12 CFR), a lender or drawings, pictures or artwork, provided borrower on an existing federally related mortgage broker that provides the that the words ‘‘settlement costs’’ are mortgage loan. Any assumption in borrower with a copy of the brochure used in the title. Names, addresses and which the lender’s permission is both entitled ‘‘When Your Home is On the telephone numbers of the lender or required and obtained is covered by Line: What You Should Know About others and similar information may RESPA and this part, whether or not the Home Equity Lines of Credit’’, or any appear on the cover, but no discussion lender charges a fee for the assumption. successor brochure issued by the Board of the matters covered in the booklet (6) Loan conversions. Any conversion of Governors of the Federal Reserve shall appear on the cover. of a federally related mortgage loan to System, is deemed to be in compliance (3) The special information booklet different terms that are consistent with with this section. may be translated into languages other provisions of the original mortgage (3) In the categories of transactions set than English. instrument, as long as a new note is not forth at the end of this paragraph, the required, even if the lender charges an § 3500.7 Good faith estimate. lender or mortgage broker does not have (a) Lender to provide. Except as additional fee for the conversion. to provide the booklet to the borrower. (7) Secondary market transactions. A provided in this paragraph (a) or Under the authority of section 19(a) of paragraph (f) of this section, the lender bona fide transfer of a loan obligation in RESPA (12 U.S.C. 2617(a)), the the secondary market is not covered by shall provide all applicants for a Secretary may issue a revised or federally related mortgage loan with a RESPA and this part, except as set forth separate special information booklet in section 6 of RESPA (12 U.S.C. 2605) good faith estimate of the amount of or that deals with these transactions, or the range of charges for the specific and § 3500.21. In determining what Secretary may chose to endorse the constitutes a bona fide transfer, HUD settlement services the borrower is forms or booklets of other Federal likely to incur in connection with the will consider the real source of funding agencies. In such an event, the and the real interest of the funding settlement. The lender shall provide the requirements for delivery by lenders good faith estimate required under this lender. Mortgage broker transactions and the availability of the booklet or that are table-funded are not secondary section (a suggested format is set forth alternate materials for these transactions in Appendix C of this part) either by market transactions. Neither the will be set forth in a Notice in the creation of a dealer loan or dealer delivering the good faith estimate or by Federal Register. This paragraph shall placing it in the mail to the loan consumer credit contract, nor the first apply to the following transactions: assignment of such loan or contract to applicant, not later than three business (i) Refinancing transactions; days after the application is received or a lender, is a secondary market (ii) Closed-end loans, as defined in 12 transaction (see § 3500.2.) prepared. CFR 226.2(a)(10) of Regulation Z, when (1) If the lender denies the application § 3500.6 Special information booklet at the lender takes a subordinate lien; for a federally related mortgage loan time of loan application. (iii) Reverse mortgages; and before the end of the three-business-day (a) Lender to provide special (iv) Any other federally related period, the lender need not provide the information booklet. Subject to the mortgage loan whose purpose is not the denied borrower with a good faith exceptions set forth in this paragraph, purchase of a 1- to 4-family residential estimate. the lender shall provide a copy of the property. (2) For ‘‘no cost’’ or ‘‘no point’’ loans, special information booklet to a person (b) Revision. The Secretary may from the charges to be shown on the good from whom the lender receives, or for time to time revise the special faith estimate include any payments to whom the lender prepares, a written information booklet by publishing a be made to affiliated or independent application for a federally related notice in the Federal Register. settlement service providers. These mortgage loan. When two or more (c) Reproduction. The special payments should be shown as P.O.C. persons apply together for a loan, the information booklet may be reproduced (Paid Outside of Closing) on the Good lender is in compliance if the lender in any form, provided that no change is Faith Estimate and the HUD–1 or HUD– provides a copy of the booklet to one of made other than as provided under 1A. the persons applying. paragraph (d) of this section. The (3) In the case of dealer loans, the (1) The lender shall provide the special information booklet may not be lender is responsible for provision of the special information booklet by made a part of a larger document for good faith estimate, either directly or by delivering it or placing it in the mail to purposes of distribution under RESPA the dealer. the applicant not later than three and this section. Any color, size and (4) If a mortgage broker is the business days (as that term is defined in quality of paper, type of print, and exclusive agent of the lender, either the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13237 lender or the mortgage broker shall additional information is not more required provider(s), and provides the provide the good faith estimate within prominent than the required material. name of the specific provider and the three business days after the mortgage (e) Particular providers required by actual cost on the HUD–1 or HUD–1A. broker receives or prepares the lender. (1) If the lender requires the use (f) Open-end lines of credit (home- application. (see § 3500.2, ‘‘required use’’) of a equity plans) under Truth in Lending (b) Mortgage broker to provide. In the particular provider of a settlement Act. In the case of a federally related event an application is received by a service, other than the lender’s own mortgage loan involving an open-end mortgage broker who is not an exclusive employees, and also requires the line of credit (home-equity plan) agent of the lender, the mortgage broker borrower to pay any portion of the cost covered under the Truth in Lending Act must provide a good faith estimate of such service, then the good faith and Regulation Z, a lender or mortgage within three days of receiving a loan estimate must: broker that provides the borrower with application based on his or her (i) Clearly state that use of the the disclosures required by 12 CFR knowledge of the range of costs (a particular provider is required and that 226.5b of Regulation Z at the time the suggested format is set forth in the estimate is based on the charges of borrower applies for such loan shall be Appendix C of this part). As long as the the designated provider; deemed to satisfy the requirements of mortgage broker has provided the good (ii) Give the name, address, and this section. faith estimate, the funding lender is not telephone number of each provider; and (Approved by the Office of Management and required to provide an additional good (iii) Describe the nature of any Budget under control number 2502–0265) faith estimate, but the funding lender is relationship between each such provider and the lender. Plain English § 3500.8 Use of HUD±1 or HUD±1A responsible for ascertaining that the settlement statements. good faith estimate has been delivered. references to the relationship should be (a) Use by settlement agent. The If the application for mortgage credit is utilized, e.g., ‘‘X is a depositor of the settlement agent shall use the HUD–1 denied before the end of the three- lender,’’ ‘‘X is a borrower from the settlement statement in every settlement business-day period, the mortgage lender,’’ ‘‘X has performed 60% of the involving a federally related mortgage broker need not provide the denied lender’s settlements in the past year.’’ loan in which there is a borrower and borrower with a good faith estimate. (The lender is not required to keep detailed records of the percentages of a seller. For transactions in which there (c) Content of good faith estimate. A is a borrower and no seller, such as good faith estimate consists of an use. Similar language, such as ‘‘X was used [regularly] [frequently] in our refinancing loans or subordinate lien estimate, as a dollar amount or range, of loans, the HUD–1 may be utilized by each charge which: settlements the past year’’ is also sufficient for the purposes of this using the borrower’s side of the HUD– (1) Will be listed in section L of the 1 statement. Alternatively, the form HUD–1 or HUD–1A in accordance with paragraph.) In the event that more than one relationship exists, each should be HUD–1A may be used for these the instructions set forth in Appendix A transactions. Either the HUD–1 or the to this part; and disclosed. (2) For purposes of paragraph (e)(1) of HUD–1A, as appropriate, shall be used (2) That the borrower will normally this section, a ‘‘relationship’’ exists if: for every RESPA-covered transaction, pay or incur at or before settlement (i) The provider is an associate of the unless its use is specifically exempted, based upon common practice in the lender, as that term is defined in 12 but the HUD–1 or HUD–1A may be locality of the mortgaged property. Each U.S.C. 2602(8); modified as permitted under this part. such estimate must be made in good (ii) Within the last 12 months, the The use of the HUD–1 or HUD–1A is faith and bear a reasonable relationship provider has maintained an account exempted for open-end lines of credit to the charge a borrower is likely to be with the lender or had an outstanding (home-equity plans) covered by the required to pay at settlement, and must loan or credit arrangement with the Truth in Lending Act and Regulation Z. be based upon experience in the locality lender; or (b) Charges to be stated. The of the mortgaged property. As to each (iii) The lender has repeatedly used or settlement agent shall complete the charge with respect to which the lender required borrowers to use the services of HUD–1 or HUD–1A in accordance with requires a particular settlement service the provider within the last 12 months. the instructions set forth in Appendix A provider to be used, the lender shall (3) Except for a provider that is the to this part. make its estimate based upon the lender’s chosen attorney, credit (c) Aggregate Accounting At lender’s knowledge of the amounts reporting agency, or appraiser, if the Settlement. (1) After itemizing charged by such provider. lender is in a controlled business individual deposits in the 1000 series (d) Form of good faith estimate. A relationship (see § 3500.15) with a using single-item accounting, the suggested good faith estimate form is set provider, the lender may not require the servicer shall make an adjustment based forth in Appendix C to this part and is use of that provider. on aggregate accounting. This in compliance with the requirements of (4) If the lender maintains a adjustment equals the difference in the the Act except for any additional controlled list of required providers deposit required under aggregate requirements of paragraph (e) of this (five or more for each discrete service) accounting and the sum of the deposits section. The good faith estimate may be or relies on a list maintained by others, required under single-item accounting. provided together with disclosures and at the time of application the lender The computation steps for both required by the Truth in Lending Act, has not yet decided which provider will accounting methods are set out in 15 U.S.C. 1601 et seq., so long as all be selected from that list, then the § 3500.17(d). The adjustment will required material for the good faith lender may satisfy the requirements of always be a negative number or zero (– estimate is grouped together. The lender this section if the lender: 0–). The settlement agent shall enter the may include additional relevant (i) Provides the borrower with a aggregate adjustment amount on a final information, such as the name/signature written statement that the lender will line in the 1000 series of the HUD–1 or of the applicant and loan officer, date, require a particular provider from a HUD–1A statement. and information identifying the loan lender-controlled or -approved list; and (2) During the phase-in period, as application and property, as long as the (ii) Provides the borrower in the Good defined in § 3500.17(b), an alternative form remains clear and concise and the Faith Estimate the range of costs for the procedure is available. The settlement 13238 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations agent may initially calculate the 1000 additional horizontal space on lines (for § 3500.10 One-day advance inspection of series deposits for the HUD–1 and example, to provide sufficient space for HUD±1 or HUD±1A settlement statement; HUD–1A settlement statement using recording time periods used in delivery; recordkeeping. single-item analysis with only a one- prorations); printing of the HUD–1 (a) Inspection one day prior to month cushion (unless the mortgage contents on separate pages, on the front settlement upon request by the loan documents indicate a smaller and back of a single page, or on one borrower. The settlement agent shall amount). In the escrow account analysis continuous page; use of multicopy tear- permit the borrower to inspect the conducted within 45 days of settlement, out sets; printing on rolls for computer HUD–1 or HUD–1A settlement however, the servicer shall adjust the purposes; reorganization of Sections B statement, completed to set forth those escrow account to reflect the aggregate through I, when necessary to items that are known to the settlement accounting balance. Appendix F to this accommodate computer printing; and agent at the time of inspection, during part sets out examples of aggregate manner of placement of the HUD the business day immediately preceding analysis. Appendix A to this part number, but not the OMB approval settlement. Items related only to the contains instructions for completing the number, neither of which may be seller’s transaction may be omitted from HUD–1 or HUD–1A settlement deleted. The designation of the the HUD–1. statements using an aggregate analysis expiration date of the OMB number may (b) Delivery. The settlement agent adjustment and the alternative process be deleted. Any changes in the HUD shall provide a completed HUD–1 or during the phase-in period. number or OMB approval number may HUD–1A to the borrower, the seller (if there is one), the lender (if the lender is (Approved by the Office of Management and be announced by notice in the Federal Register, rather than by amendment of not the settlement agent), and/or their Budget under control numbers 2502–0265 agents. When the borrower’s and seller’s and 2502–0491) this part. copies of the HUD–1 or HUD–1A differ § 3500.9 Reproduction of settlement (6) The borrower’s information and as permitted by the instructions in statements. the seller’s information may be provided Appendix A to this part, both copies on separate pages. (a) Permissible changes—HUD–1. The shall be provided to the lender (if the following changes and insertions are (7) Signature lines may be added. lender is not the settlement agent). The permitted when the HUD–1 settlement (8) The HUD–1 may be translated into settlement agent shall deliver the statement is reproduced: languages other than English. completed HUD–1 or HUD–1A at or (1) The person reproducing the HUD– (9) An additional page may be before the settlement, except as 1 may insert its business name and attached to the HUD–1 for the purpose provided in paragraphs (c) and (d) of logotype in Section A and may of including customary recitals and this section. rearrange, but not delete, the other information used locally in real estate (c) Waiver. The borrower may waive information that appears in Section A. settlements; for example, breakdown of the right to delivery of the completed (2) The name, address, and other payoff figures, a breakdown of the HUD–1 or HUD–1A no later than at information regarding the lender and borrower’s total monthly mortgage settlement by executing a written waiver settlement agent may be printed in payments, check disbursements, a at or before settlement. In such case, the Sections F and H, respectively. statement indicating receipt of funds, completed HUD–1 or HUD–1A shall be (3) Reproduction of the HUD–1 must applicable special stipulations between mailed or delivered to the borrower, conform to the terminology, sequence, buyer and seller, and the date funds are seller, and lender (if the lender is not and numbering of line items as transferred. If space permits, such the settlement agent) as soon as presented in lines 100–1400. However, information may be added at the end of practicable after settlement. blank lines or items listed in lines 100– the HUD–1. (d) Exempt transactions. When the borrower or the borrower’s agent does 1400 that are not used locally or in (10) As required by HUD/FHA in not attend the settlement, or when the connection with mortgages by the FHA-insured loans. lender may be deleted, except for the settlement agent does not conduct a (11) As allowed by § 3500.17, relating following: Lines 100, 120, 200, 220, 300, meeting of the parties for that purpose, to an initial escrow account statement. 301, 302, 303, 400, 420, 500, 520, 600, the transaction shall be exempt from the 601, 602, 603, 700, 800, 900, 1000, 1100, (b) Permissible changes—HUD–1A. requirements of paragraphs (a) and (b) of 1200, 1300, and 1400. The form may be The changes and insertions on the this section, except that the HUD–1 or shortened correspondingly. The number HUD–1 permitted under paragraph (a) of HUD–1A shall be mailed or delivered as of a deleted item shall not be used for this section are also permitted when the soon as practicable after settlement. a substitute or new item, but the number HUD–1A settlement statement is (e) Recordkeeping. The lender shall of a blank space on the HUD–1 may be reproduced, except the changes retain each completed HUD–1 or HUD– used for a substitute or new item. described in paragraphs (a) (3) and (6) 1A and related documents for five years (4) Charges not listed on the HUD–1, of this section. after settlement, unless the lender but that are customary locally or (c) Written approval. Any other disposes of its interest in the mortgage pursuant to the lender’s practice, may deviation in the HUD–1 or HUD–1A and does not service the mortgage. In be inserted in blank spaces. Where forms is permissible only upon receipt that case, the lender shall provide its existing blank spaces on the HUD–1 are of written approval of the Secretary. A copy of the HUD–1 or HUD–1A to the insufficient, additional lines and spaces request to the Secretary for approval owner or servicer of the mortgage as a may be added and numbered in shall be submitted in writing to the part of the transfer of the loan file. Such sequence with spaces on the HUD–1. address indicated in § 3500.3 and shall owner or servicer shall retain the HUD– (5) The following variations in layout state the reasons why the applicant 1 or HUD–1A for the remainder of the and format are within the discretion of believes such deviation is needed. The five-year period. The Secretary shall persons reproducing the HUD–1 and do prescribed form(s) must be used until have the right to inspect or require not require prior HUD approval: size of approval is received. copies of records covered by this pages; tint or color of pages; size and (Approved by the Office of Management and paragraph (e). style of type or print; vertical spacing Budget under control numbers 2502–0265 (Approved by the Office of Management and between lines or provision for and 2502–0491) Budget under control number 2502–0265) Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13239

§ 3500.11 Mailing. inconsistency exists by submitting to profits, franchise royalties, credits The provisions of this part requiring the address indicated in § 3500.3, a copy representing monies that may be paid at or permitting mailing of documents of the State law in question, any other a future date, the opportunity to shall be deemed to be satisfied by law or judicial or administrative participate in a money-making program, placing the document in the mail opinion that implements, interprets or retained or increased earnings, (whether or not received by the applies the relevant provision, and an increased equity in a parent or addressee) addressed to the addresses explanation of the possible subsidiary entity, special bank deposits stated in the loan application or in other inconsistency. A determination by the or accounts, special or unusual banking information submitted to or obtained by Secretary that an inconsistency with terms, services of all types at special or the lender at the time of loan State law exists will be made by free rates, sales or rentals at special application or submitted or obtained by publication of a notice in the Federal prices or rates, lease or rental payments the lender or settlement agent, except Register. ‘‘Law’’ as used in this section based in whole or in part on the amount that a revised address shall be used includes regulations and any enactment of business referred, trips and payment where the lender or settlement agent has which has the force and effect of law of another person’s expenses, or been expressly informed in writing of a and is issued by a State or any political reduction in credit against an existing change in address. subdivision of a State. obligation. The term ‘‘payment’’ is used (d) A specific preemption of throughout §§ 3500.14 and 3500.15 as § 3500.12 No fee. conflicting State laws regarding notices synonymous with the giving or No fee shall be imposed or charge and disclosures of mortgage servicing receiving any ‘‘thing of value’’ and does made upon any other person, as a part transfers is set forth in § 3500.21(h). not require transfer of money. of settlement costs or otherwise, by a § 3500.14 Prohibition against kickbacks (e) Agreement or understanding. An lender in connection with a federally agreement or understanding for the related mortgage loan made by it (or a and unearned fees. (a) Section 8 violation. Any violation referral of business incident to or part of loan for the purchase of a manufactured a settlement service need not be written home), or by a servicer (as that term is of this section is a violation of section 8 of RESPA (12 U.S.C. 2607) and is or verbalized but may be established by defined under 12 U.S.C. 2605(i)(2)) for a practice, pattern or course of conduct. or on account of the preparation and subject to enforcement as such under § 3500.19. When a thing of value is received distribution of the HUD–1 or HUD–1A repeatedly and is connected in any way settlement statement, escrow account (b) No referral fees. No person shall give and no person shall accept any fee, with the volume or value of the business statements required pursuant to section referred, the receipt of the thing of value 10 of RESPA (12 U.S.C. 2609), or kickback or other thing of value pursuant to any agreement or is evidence that it is made pursuant to statements required by the Truth in an agreement or understanding for the Lending Act, 15 U.S.C. 1601 et seq. understanding, oral or otherwise, that business incident to or part of a referral of business. § 3500.13 Relation to State laws. settlement service involving a federally (f) Referral—(1) A referral includes (a) State laws that are inconsistent related mortgage loan shall be referred any oral or written action directed to a with RESPA or this part are preempted to any person. Any referral of a person which has the effect of to the extent of the inconsistency. settlement service is not a compensable affirmatively influencing the selection However, RESPA and these regulations service, except as set forth in by any person of a provider of a do not annul, alter, affect, or exempt any § 3500.14(g)(1). A company may not pay settlement service or business incident person subject to their provisions from any other company or the employees of to or part of a settlement service when complying with the laws of any State any other company for the referral of such person will pay for such settlement with respect to settlement practices, settlement service business. service or business incident thereto or except to the extent of the (c) No split of charges except for pay a charge attributable in whole or in inconsistency. actual services performed. No person part to such settlement service or (b) Upon request by any person, the shall give and no person shall accept business. Secretary is authorized to determine if any portion, split, or percentage of any (2) A referral also occurs whenever a inconsistencies with State law exist; in charge made or received for the person paying for a settlement service or doing so, the Secretary shall consult rendering of a settlement service in business incident thereto is required to with appropriate Federal agencies. connection with a transaction involving use (see § 3500.2, ‘‘required use’’) a (1) The Secretary may not determine a federally related mortgage loan other particular provider of a settlement that a State law or regulation is than for services actually performed. A service or business incident thereto. inconsistent with any provision of charge by a person for which no or (g) Fees, salaries, compensation, or RESPA or this part, if the Secretary nominal services are performed or for other payments. (1) Section 8 of RESPA determines that such law or regulation which duplicative fees are charged is an permits: gives greater protection to the consumer. unearned fee and violates this section. (i) A payment to an attorney at law for (2) In determining whether provisions The source of the payment does not services actually rendered; of State law or regulations concerning determine whether or not a service is (ii) A payment by a title company to controlled business arrangements are compensable. Nor may the prohibitions its duly appointed agent for services inconsistent with RESPA or this part, of this Part be avoided by creating an actually performed in the issuance of a the Secretary may not construe those arrangement wherein the purchaser of policy of title insurance; provisions that impose more stringent services splits the fee. (iii) A payment by a lender to its duly limitations on controlled business (d) Thing of value. This term is appointed agent or contractor for arrangements as inconsistent with broadly defined in section 3(2) of services actually performed in the RESPA so long as they give more RESPA (12 U.S.C. 2602(2)). It includes, origination, processing, or funding of a protection to consumers and/or without limitation, monies, things, loan; competition. discounts, salaries, commissions, fees, (iv) A payment to any person of a (c) Any person may request the duplicate payments of a charge, stock, bona fide salary or compensation or Secretary to determine whether an dividends, distributions of partnership other payment for goods or facilities 13240 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations actually furnished or for services agent services (for which liability arises) evidence that procedures reasonably actually performed; separate from attorney services, adopted to result in compliance with (v) A payment pursuant to including the evaluation of the title these conditions have been maintained cooperative brokerage and referral search to determine the insurability of and that any failure to comply with arrangements or agreements between the title, the clearance of underwriting these conditions was unintentional and real estate agents and real estate brokers. objections, the actual issuance of the the result of a bona fide error. An error (The statutory exemption restated in policy or policies on behalf of the title of legal judgment with respect to a this paragraph refers only to fee insurance company, and, where person’s obligations under RESPA is not divisions within real estate brokerage customary, issuance of the title a bona fide error. Administrative and arrangements when all parties are acting commitment, and the conducting of the judicial interpretations of section 130(c) in a real estate brokerage capacity, and title search and closing. of the Truth in Lending Act shall not be has no applicability to any fee (h) Recordkeeping. Any documents binding interpretations of the preceding arrangements between real estate provided pursuant to this section shall sentence or section 8(d)(3) of RESPA (12 brokers and mortgage brokers or be retained for five (5) years from the U.S.C. 2607(d)(3)). between mortgage brokers.); date of execution. (2) No person making a referral has (vi) Normal promotional and (i) Appendix B of this part. required (as defined in § 3500.2, educational activities that are not Illustrations in Appendix B of this part ‘‘required use’’) any person to use any conditioned on the referral of business demonstrate some of the requirements particular provider of settlement and that do not involve the defraying of of this section. services or business incident thereto, expenses that otherwise would be except if such person is a lender, for incurred by persons in a position to § 3500.15 Controlled business arrangements. requiring a buyer, borrower or seller to refer settlement services or business pay for the services of an attorney, (a) General. A controlled business incident thereto; credit reporting agency, or real estate (vii) An employer’s payment to its arrangement is defined in section 3(7) of appraiser chosen by the lender to own employees for any referral RESPA (12 U.S.C. 2602(7)). represent the lender’s interest in a real activities; or (b) Violation and exemption. A (viii) Any payment by a borrower for controlled business arrangement is not a estate transaction, or except if such computer loan origination services, so violation of section 8 of RESPA (12 person is an attorney or law firm for long as the disclosure set forth in U.S.C. 2607) and of § 3500.14 if the arranging for issuance of a title Appendix E of this part is provided the conditions set forth in this section are insurance policy for a client, directly as borrower. satisfied. agent or through a separate corporate (2) The Department may investigate (1) The person making each referral title insurance agency that may be high prices to see if they are the result has provided to each person whose operated as an adjunct to the law of a referral fee or a split of a fee. If the business is referred a written disclosure, practice of the attorney or law firm, as payment of a thing of value bears no in the format of the Controlled Business part of representation of that client in a reasonable relationship to the market Arrangement Disclosure Statement set real estate transaction. value of the goods or services provided, forth in Appendix D of this part, of the (3) The only thing of value that is then the excess is not for services or nature of the relationship (explaining received from the arrangement other goods actually performed or provided. the ownership and financial interest) than payments listed in § 3500.14(g) is These facts may be used as evidence of between the provider of settlement a return on an ownership interest or a violation of section 8 and may serve services (or business incident thereto) franchise relationship. as a basis for a RESPA investigation. and the person making the referral and (i) In a controlled business High prices standing alone are not proof of an estimated charge or range of arrangement: of a RESPA violation. The value of a charges generally made by such (A) Bona fide dividends, and capital referral (i.e., the value of any additional provider (which describes the charge or equity distributions, related to business obtained thereby) is not to be using the same terminology, as far as ownership interest or franchise taken into account in determining practical, as section L of the HUD–1 relationship, between entities in an whether the payment exceeds the settlement statement). The disclosures affiliate relationship, are permissible; reasonable value of such goods, must be provided on a separate piece of and facilities or services. The fact that the paper no later than the time of each (B) Bona fide business loans, transfer of the thing of value does not referral or, if the lender requires use of advances, and capital or equity result in an increase in any charge made a particular provider, the time of loan contributions between entities in an by the person giving the thing of value application, except that: affiliate relationship (in any direction), is irrelevant in determining whether the (i) Where a lender makes the referral are not prohibited—so long as they are act is prohibited. to a borrower, the condition contained for ordinary business purposes and are (3) Multiple services. When a person in paragraph (b)(1) of this section may not fees for the referral of settlement in a position to refer settlement service be satisfied at the time that the good service business or unearned fees. business, such as an attorney, mortgage faith estimate or a statement under (ii) A return on an ownership interest lender, real estate broker or agent, or § 3500.7(d) is provided; and does not include: developer or builder, receives a (ii) Whenever an attorney or law firm (A) Any payment which has as a basis payment for providing additional requires a client to use a particular title of calculation no apparent business settlement services as part of a real insurance agent, the attorney or law firm motive other than distinguishing among estate transaction, such payment must shall provide the disclosures no later recipients of payments on the basis of be for services that are actual, necessary than the time the attorney or law firm the amount of their actual, estimated or and distinct from the primary services is engaged by the client. Failure to anticipated referrals; provided by such person. For example, comply with the disclosure (B) Any payment which varies for an attorney of the buyer or seller to requirements of this section may be according to the relative amount of receive compensation as a title agent, overcome if the person making a referral referrals by the different recipients of the attorney must perform core title can prove by a preponderance of the similar payments; or Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13241

(C) A payment based on an (5) Direct ownership means the means an accounting method a servicer ownership, partnership or joint venture holding of legal title to an interest in a uses in conducting an escrow account share which has been adjusted on the provider of settlement service except analysis by computing the sufficiency of basis of previous relative referrals by where title is being held for the escrow account funds by analyzing the recipients of similar payments. beneficial owner. account as a whole. Appendix F to this (iii) Neither the mere labelling of a (6) Franchise is defined in 16 CFR part sets forth examples of aggregate thing of value, nor the fact that it may 436.2(a). escrow account analyses. be calculated pursuant to a corporate or (7) Franchisor is defined in 16 CFR Annual Escrow Account Statement partnership organizational document or 436.2(c). means a statement containing all of the a franchise agreement, will determine (8) Franchisee is defined in 16 CFR information set forth in § 3500.17(i). As whether it is a bona fide return on an 436.2(d). noted in § 3500.17(i), a servicer shall ownership interest or franchise (9) Person who is in a position to refer submit an annual escrow account relationship. Whether a thing of value is settlement service business means any statement to the borrower within 30 such a return will be determined by real estate broker or agent, lender, calendar days of the end of the escrow analyzing facts and circumstances on a mortgage broker, builder or developer, account computation year, after case by case basis. attorney, title company, title agent, or conducting an escrow account analysis. (iv) A return on franchise relationship other person deriving a significant Conversion date means the date three may be a payment to or from a portion of his or her gross income from years after the publication date of the franchisee but it does not include any providing settlement services. rule adding this section (i.e., October 27, payment which is not based on the (d) Recordkeeping. Any documents 1997) by which date all servicers shall franchise agreement, nor any payment provided pursuant to this section shall use aggregate analysis. which varies according to the number or be retained for 5 years after the date of Cushion or reserve (hereafter cushion) amount of referrals by the franchisor or execution. means funds that a servicer may require (e) Appendix B of this part. franchisee or which is based on a a borrower to pay into an escrow Illustrations in Appendix B of this part franchise agreement which has been account to cover unanticipated demonstrate some of the requirements adjusted on the basis of a previous disbursements or disbursements made of this section. number or amount of referrals by the before the borrower’s payments are franchiser or franchisees. A franchise § 3500.16 Title companies. available in the account, as limited by § 3500.17(c). agreement may not be constructed to No seller of property that will be insulate against kickbacks or referral Deficiency is the amount of a negative purchased with the assistance of a balance in an escrow account. As noted fees. federally related mortgage loan shall (c) Definitions. As used in this in § 3500.17(f), if a servicer advances violate section 9 of RESPA (12 U.S.C. funds for a borrower, then the servicer section: 2608). Section 3500.2 defines ‘‘required must perform an escrow account (1) Associate is defined in section 3(8) use’’ of a provider of a settlement analysis before seeking repayment of the of RESPA (12 U.S.C. 2602(8)). service. Section 3500.19(c) explains the (2) Affiliate relationship means the deficiency. liability of a seller for a violation of this Delivery means the placing of a relationship among business entities section. where one entity has effective control document in the United States mail, over the other by virtue of a partnership § 3500.17 Escrow accounts. first-class postage paid, addressed to the or other agreement or is under common (a) General. This section sets out the last known address of the recipient. control with the other by a third entity requirements for an escrow account that Hand delivery also constitutes delivery. or where an entity is a corporation a lender establishes in connection with Disbursement date means the date on related to another corporation as parent a federally related mortgage loan. It sets which the servicer actually pays an to subsidiary by an identity of stock limits for escrow accounts using escrow item from the escrow account. ownership. calculations based on monthly Section 3500.17(k) provides that the (3) Beneficial ownership means the payments and disbursements within a servicer shall use as the disbursement effective ownership of an interest in a calendar year. If an escrow account date a date on or before the earlier of the provider of settlement services or the involves biweekly or any other payment deadline to take advantage of discounts, right to use and control the ownership period, the requirements in this section if available, or the deadline to avoid a interest involved even though legal shall be modified accordingly. A HUD penalty. ownership or title may be held in Public Guidance Document entitled Escrow account means any account another person’s name. ‘‘Biweekly Payments—Example’’ that a servicer establishes or controls on (4) Control, as used in the definitions provides examples of biweekly behalf of a borrower to pay taxes, of ‘‘associate’’ and ‘‘affiliate accounting and a HUD Public Guidance insurance premiums (including flood relationship,’’ means that a person: Document entitled ‘‘Annual Escrow insurance), or other charges with respect (i) Is a general partner, officer, Account Disclosure Statement— to a federally related mortgage loan, director, or employer of another person; Example’’ provides examples of a 3-year including charges that the borrower and (ii) Directly or indirectly or acting in accounting cycle that may be used in servicer have voluntarily agreed that the concert with others, or through one or accordance with paragraph (c)(9) of this servicer should collect and pay. The more subsidiaries, owns, holds with section. definition encompasses any account power to vote, or holds proxies (b) Definitions. As used in this established for this purpose, including a representing, more than 20 percent of section: ‘‘trust account’’, ‘‘reserve account’’, the voting interests of another person; Acceptable accounting method means ‘‘impound account’’, or other term in (iii) Affirmatively influences in any an accounting method that a servicer different localities. An ‘‘escrow manner the election of a majority of the uses to conduct an escrow account account’’ includes any arrangement directors of another person; or analysis for an escrow account subject where the servicer adds a portion of the (iv) Has contributed more than 20 to the provisions of § 3500.17(c). borrower’s payments to principal and percent of the capital of the other Aggregate (or) composite analysis, subsequently deducts from principal the person. hereafter called aggregate analysis, disbursements for escrow account items. 13242 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

For purposes of this section, the term Pre-accrual is a practice some sufficient to pay the charges respecting ‘‘escrow account’’ excludes any account servicers use to require borrowers to the mortgaged property, such as taxes that is under the borrower’s total deposit funds, needed for disbursement and insurance, which are attributable to control. and maintenance of a cushion, in the the period from the date such Escrow account analysis means the escrow account some period before the payment(s) were last paid until the accounting that a servicer conducts in disbursement date. Pre-accrual is initial payment date. The ‘‘amount the form of a trial running balance for subject to the limitations of § 3500.17(c). sufficient to pay’’ is computed so that an escrow account to: Pre-rule account is an escrow account the lowest month end target balance (1) Determine the appropriate target established in connection with a projected for the escrow account balances; federally related mortgage loan whose computation year is zero (–0–) (see Step (2) Compute the borrower’s monthly settlement date is before the effective 2 in Appendix F to this part). In payments for the next escrow account date of this rule. addition, the servicer may charge the computation year and any deposits Shortage means an amount by which borrower a cushion that shall be no needed to establish or maintain the a current escrow account balance falls greater than one-sixth (1⁄6) of the account; and short of the target balance at the time of estimated total annual payments from (3) Determine whether shortages, escrow analysis. the escrow account. surpluses or deficiencies exist. Single-item analysis means an (ii) Charges during the life of the Escrow account computation year is a accounting method servicers use in escrow account. Throughout the life of 12-month period that a servicer conducting an escrow account analysis an escrow account, the servicer may establishes for the escrow account by computing the sufficiency of escrow charge the borrower a monthly sum beginning with the borrower’s initial account funds by considering each equal to one-twelfth (1⁄12) of the total payment date. The term includes each escrow item separately. Appendix F to annual escrow payments which the 12-month period thereafter, unless a this part sets forth examples of single- servicer reasonably anticipates paying servicer chooses to issue a short year item analysis. from the account. In addition, the statement under the conditions stated in Submission (of an escrow account servicer may add an amount to maintain § 3500.17(i)(4). statement) means the delivery of the a cushion no greater than one-sixth (1⁄6) Escrow account item or separate item statement. of the estimated total annual payments means any separate expenditure Surplus means an amount by which from the account. However, if a servicer category, such as ‘‘taxes’’ or the current escrow account balance determines through an escrow account ‘‘insurance’’, for which funds are exceeds the target balance for the analysis that there is a shortage or collected in the escrow account for account. deficiency, the servicer may require the disbursement. An escrow account item System of recordkeeping means the borrower to pay additional deposits to with installment payments, such as servicer’s method of keeping make up the shortage or eliminate the local property taxes, remains one information that reflects the facts deficiency, subject to the limitations set escrow account item regardless of relating to that servicer’s handling of the forth in § 3500.17(f). multiple disbursement dates to the tax borrower’s escrow account, including, (2) Escrow analysis at creation of authority. but not limited to, the payment of escrow account. Before establishing an Initial escrow account statement amounts from the escrow account and escrow account, the servicer shall means the first disclosure statement that the submission of initial and annual conduct an escrow account analysis to the servicer delivers to the borrower escrow account statements to borrowers. determine the amount the borrower concerning the borrower’s escrow Target balance means the estimated shall deposit into the escrow account, account. The initial escrow account month end balance in an escrow subject to the limitations of statement shall meet the requirements of account that is just sufficient to cover § 3500.17(c)(1)(i) and the amount of the § 3500.17(g) and be in substantially the the remaining disbursements from the borrower’s periodic payments into the format set forth in § 3500.17(h). escrow account in the escrow account escrow account, subject to the Installment payment means one of computation year, taking into account limitations of § 3500.17(c)(1)(ii). In two or more payments payable on an the remaining scheduled periodic conducting the escrow account analysis, escrow account item during an escrow payments, and a cushion, if any. the servicer shall estimate the account computation year. An example Trial running balance means the disbursement amounts according to of an installment payment is where a accounting process that derives the § 3500.17(c)(7). Pursuant to § 3500.17(k), jurisdiction bills quarterly for taxes. target balances over the course of an the servicer shall use a date on or before Payment due date means the date escrow account computation year. the earlier of the deadline to take each month when the borrower’s Section 3500.17(d) provides a advantage of discounts, if available, or monthly payment to an escrow account description of the steps involved in the deadline to avoid a penalty as the is due to the servicer. The initial performing a trial running balance. disbursement date for the escrow item. payment date is the borrower’s first (c) Limits on payments to escrow Upon completing the initial escrow payment due date to an escrow account. accounts; acceptable accounting account analysis, the servicer shall Phase-in period means the period methods to determine limits. prepare and deliver an initial escrow beginning on the effective date of this (1) A lender or servicer (hereafter account statement to the borrower, as final rule and ending on the conversion servicer) shall not require a borrower to set forth in § 3500.17(g). The servicer date, i.e., October 27, 1997, by which deposit into any escrow account, shall use the escrow account analysis to date all servicers shall use the aggregate created in connection with a federally determine whether a surplus, shortage accounting method in conducting related mortgage loan, more than the or deficiency exists since settlement and escrow account analyses. following amounts: shall make any adjustments to the Post-rule account means an escrow (i) Charges at settlement or upon account pursuant to § 3500.17(f). account established in connection with creation of an escrow account. At the (3) Subsequent escrow account a federally related mortgage loan whose time a servicer creates an escrow analyses. For each escrow account, the settlement date is on or after the account for a borrower, the servicer may servicer shall conduct an escrow effective date of this section. charge the borrower an amount account analysis at the completion of Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13243 the escrow account computation year to item analysis, a servicer shall not divide section, unless an applicable State law determine the borrower’s monthly an escrow account item into sub- sets a lesser amount. escrow account payments for the next accounts, even if the payee requires (9) Assessments for periods longer computation year, subject to the installment payments. than one year. Some escrow account limitations of § 3500.17(c)(1)(ii). In (6) Restrictions on pre-accrual. For items may be billed for periods longer conducting the escrow account analysis, pre-rule accounts, a servicer shall not than one year. For example, servicers the servicer shall estimate the require any pre-accrual that results in may need to collect flood insurance or disbursement amounts according to the escrow account balance exceeding water purification escrow funds for § 3500.17(c)(7). Pursuant to § 3500.17(k), the limits of paragraph (c)(1) of this payment every three years. In such the servicer shall use a date on or before section. In addition, if the mortgage cases, the servicer shall estimate the the earlier of the deadline to take documents in a pre-rule account are borrower’s payments for a full cycle of advantage of discounts, if available, or silent about the amount of pre-accrual, disbursements. For a flood insurance the deadline to avoid a penalty as the the servicer shall not require in excess premium payable every 3 years, the disbursement date for the escrow item. of one month of pre-accrual, subject to servicer shall collect the payments The servicer shall use the escrow the additional limitations provided in reflecting 36 equal monthly amounts. account analysis to determine whether a paragraph (c)(8) of this section. For post- For two out of the three years, however, surplus, shortage or deficiency exists rule accounts, a servicer shall not the account balance may not reach its and shall make any adjustments to the practice pre-accrual. low monthly balance because the low account pursuant to § 3500.17(f). Upon (7) Servicer estimates of disbursement point will be on a three-year cycle, as completing an escrow account analysis, amounts. To conduct an escrow account compared to an annual one. The annual the servicer shall prepare and submit an analysis, the servicer shall estimate the escrow account statement shall explain annual escrow account statement to the amount of escrow account items to be this situation (see example in the HUD borrower, as set forth in § 3500.17(i). disbursed. If the servicer knows the Public Guidance Document entitled (4) Acceptable accounting methods to charge for an escrow item in the next ‘‘Annual Escrow Account Disclosure Statement—Example’’, available in determine escrow limits. The following computation year, then the servicer are acceptable accounting methods that accordance with § 3500.3). shall use that amount in estimating servicers may use in conducting an (d) Methods of escrow account disbursement amounts. If the charge is escrow account analysis. analysis. Paragraph (c) of this section (i) Pre-rule accounts. For pre-rule unknown to the servicer, the servicer prescribes acceptable accounting accounts, servicers may use either may base the estimate on the preceding methods. The following sets forth the single-item analysis or aggregate- year’s charge, or the preceding year’s steps servicers shall use to determine analysis during the phase-in period. In charge as modified by an amount not whether their use of an acceptable conducting the escrow account analysis, exceeding the most recent year’s change accounting method conforms with the servicers shall use ‘‘month-end’’ in the national Consumer Price Index limitations in § 3500.17(c)(1). The steps accounting. Under month-end for all urban consumers (CPI, all items). set forth in this section derive maximum accounting, the timing of the In cases of unassessed new limits. Servicers may use accounting disbursements and payments within the construction, the servicer may base an procedures that result in lower target month is irrelevant. As of the estimate on the assessment of balances. In particular, servicers may conversion date, all pre-rule accounts comparable residential property in the use a cushion less than the permissible shall comply with the requirements for market area. cushion or no cushion at all. This post-rule accounts in paragraph (c)(4)(ii) (8) Provisions in mortgage documents. section does not require the use of a of this section. During the phase-in The servicer shall examine the mortgage cushion. period, the transfer of servicing of a pre- loan documents to determine the (1) Aggregate analysis. (i) When a rule account to another servicer does applicable cushion and limitations on servicer uses aggregate analysis in not convert the account to a post-rule pre-accrual for each escrow account. If conducting the escrow account analysis, account. After the effective date of this the mortgage loan documents provide the target balances may not exceed the rule, refinancing transactions (as for lower cushion limits or less pre- balances computed according to the defined in § 3500.2) shall comply with accrual than this section, then the terms following arithmetic operations: the requirements for post-rule accounts. of the loan documents apply. Where the (A) The servicer first projects a trial (ii) Post-rule accounts. For post-rule terms of any mortgage loan document balance for the account as a whole over accounts, servicers shall use aggregate allow greater payments to an escrow the next computation year (a trial accounting to conduct an escrow account than allowed by this section, running balance). In doing so the account analysis. In conducting the then this section controls the applicable servicer assumes that it will make escrow account analysis, servicers shall limits. Where the mortgage loan estimated disbursements on or before use ‘‘month-end’’ accounting. Under documents do not specifically establish the earlier of the deadline to take month-end accounting, the timing of the an escrow account, whether a servicer advantage of discounts, if available, or disbursements and payments within the may establish an escrow account for the the deadline to avoid a penalty. The month is irrelevant. loan is a matter for determination by servicer does not use pre-accrual on (5) Cushion. For post-rule accounts, State law. If the mortgage loan these disbursement dates. The servicer the cushion shall be no greater than one- document is silent on the escrow also assumes that the borrower will sixth (1⁄6) of the estimated total annual account limits (for cushion or pre- make monthly payments equal to one- disbursements from the escrow account accrual) and a servicer establishes an twelfth of the estimated total annual using aggregate analysis accounting. For escrow account under State law, then escrow account disbursements. pre-rule accounts, the cushion may not the limitations of this section apply (B) The servicer then examines the exceed the total of one-sixth of the unless State law provides for a lower monthly trial balances and adds to the estimated annual disbursements for amount. If the loan documents provide first monthly balance an amount just each escrow account item using single- for escrow accounts up to the RESPA sufficient to bring the lowest monthly item analysis accounting. In limits, then the servicer may require the trial balance to zero, and adjusts all determining the cushion using single- maximum amounts consistent with this other monthly balances accordingly. 13244 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

(C) The servicer then adds to the account disbursements for that item or disbursement, which is not the result of monthly balances the permissible a lesser amount specified by State law a borrower’s payment default under the cushion. The cushion is two months of or the mortgage document. underlying mortgage document, then the borrower’s escrow payments to the (ii) In performing an escrow account the servicer shall conduct an escrow servicer or a lesser amount specified by analysis using single-item analysis, account analysis to determine the extent State law or the mortgage document (net servicers may account for each escrow of the deficiency before seeking of any increases or decreases because of account item separately, but servicers repayment of the funds from the prior year shortages or surpluses, shall not further divide accounts into borrower under this paragraph (f). respectively). sub-accounts, even if the payee of a (2) Surpluses. (i) If an escrow account (ii) Lowest monthly balance. Under disbursement requires installment analysis discloses a surplus, the servicer aggregate analysis, the lowest monthly payments. The target balances that the shall, within 30 days from the date of target balance for the account shall be servicer derives using these steps yield the analysis, refund the surplus to the less than or equal to one-sixth of the the maximum limit for the escrow borrower if the surplus is greater than or estimated total annual escrow account account. Appendix F to this part equal to 50 dollars ($50). If the surplus disbursements or a lesser amount illustrates these steps. is less than 50 dollars ($50), the servicer specified by State law or the mortgage (e) Transfer of servicing. (1) If the new may refund such amount to the document. The target balances that the servicer changes either the monthly borrower, or credit such amount against servicer derives using these steps yield payment amount or the accounting the next year’s escrow payments. the maximum limit for the escrow method used by the transferor (old) (ii) These provisions regarding account. Appendix F to this part servicer, then the new servicer shall surpluses apply if the borrower is illustrates these steps. provide the borrower with an initial current at the time of the escrow (2) Single-item or other non-aggregate escrow account statement within 60 analysis method. (i) When a servicer account analysis. A borrower is current days of the date of servicing transfer. if the servicer receives the borrower’s uses single-item analysis or any hybrid (i) Where a new servicer provides an payments within 30 days of the accounting method in conducting an initial escrow account statement upon payment due date. If the servicer does escrow account analysis during the the transfer of servicing, the new not receive the borrower’s payment phase-in period, the target balances may servicer shall use the effective date of within 30 days of the payment due date, not exceed the balances computed the transfer of servicing to establish the then the servicer may retain the surplus according to the following arithmetic new escrow account computation year. operations: (ii) Where the new servicer retains the in the escrow account pursuant to the (A) The servicer first projects a trial monthly payments and accounting terms of the mortgage loan documents. balance for each item over the next method used by the transferor servicer, (3) Shortages. (i) If an escrow account computation year (a trial running then the new servicer may continue to analysis discloses a shortage of less than balance). In doing so the servicer use the escrow account computation one month’s escrow account payment, assumes that it will make estimated year established by the transferor then the servicer has three possible disbursements on or before the earlier of servicer or may choose to establish a courses of action: the deadline to take advantage of different computation year using a (A) The servicer may allow a shortage discounts, if available, or the deadline short-year statement. At the completion to exist and do nothing to change it; to avoid a penalty. The servicer does not of the escrow account computation year (B) The servicer may require the use pre-accrual on these disbursement or any short year, the new servicer shall borrower to repay the shortage amount dates. The servicer also assumes that the perform an escrow analysis and provide within 30 days; or borrower will make periodic payments the borrower with an annual escrow (C) The servicer may require the equal to one-twelfth of the estimated account statement. borrower to repay the shortage amount total annual escrow account (2) The new servicer shall treat in equal monthly payments over at least disbursements. shortages, surpluses and deficiencies in a 12-month period. (B) The servicer then examines the the transferred escrow account (ii) If an escrow account analysis monthly trial balance for each escrow according to the procedures set forth in discloses a shortage that is greater than account item and adds to the first § 3500.17(f). or equal to one month’s escrow account monthly balance for each separate item (3) A pre-rule account remains a pre- payment, then the servicer has two an amount just sufficient to bring the rule account upon the transfer of possible courses of action: lowest monthly trial balance for that servicing to a new servicer so long as (A) The servicer may allow a shortage item to zero, and then adjusts all other the transfer occurs before the conversion to exist and do nothing to change it; or monthly balances accordingly. date. (B) The servicer may require the (C) The servicer then adds the (f) Shortages, surpluses, and borrower to repay the shortage in equal permissible cushion, if any, to the deficiencies requirements. (1) Escrow monthly payments over at least a 12- monthly balance for the separate escrow account analysis. For each escrow month period. account item. The permissible cushion account, the servicer shall conduct an is two months of escrow payments for escrow account analysis to determine (4) Deficiency. If the escrow account the escrow account item (net of any whether a surplus, shortage or analysis confirms a deficiency, then the increases or decreases because of prior deficiency exists. servicer may require the borrower to pay year shortages or surpluses, (i) As noted in § 3500.17(c) (2) and (3), additional monthly deposits to the respectively) or a lesser amount the servicer shall conduct an escrow account to eliminate the deficiency. specified by State law or the mortgage account analysis upon establishing an (i) If the deficiency is less than one document. escrow account and at completion of the month’s escrow account payment, then (D) The servicer then examines the escrow account computation year. the servicer: balances for each item to make certain (ii) The servicer may conduct an (A) May allow the deficiency to exist that the lowest monthly balance for that escrow account analysis at other times and do nothing to change it; item is less than or equal to one-sixth of during the escrow computation year. If (B) May require the borrower to repay the estimated total annual escrow a servicer advances funds in paying a the deficiency within 30 days; or Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13245

(C) May require the borrower to repay statement into the HUD–1 or HUD–1A (1) Contents of Annual Escrow the deficiency in 2 or more equal settlement statement, then the servicer Account Statement. The annual escrow monthly payments. shall submit the initial escrow account account statement shall provide an (ii) If the deficiency is greater than or statement to the borrower as a separate account history, reflecting the activity in equal to 1 month’s escrow payment, the document. the escrow account during the escrow servicer may allow the deficiency to (2) Time of submission of initial account computation year, and a exist and do nothing to change it or may escrow account statement for an escrow projection of the activity in the account require the borrower to repay the account established after settlement. For for the next year. In preparing the deficiency in two or more equal escrow accounts established after statement, the servicer may assume monthly payments. settlement (and which are not a scheduled payments and disbursements (iii) These provisions regarding condition of the loan), a servicer shall will be made for the final 2 months of deficiencies apply if the borrower is submit an initial escrow account the escrow account computation year. current at the time of the escrow statement to a borrower within 45 The annual escrow account statement account analysis. A borrower is current calendar days of the date of shall include, at a minimum, the if the servicer receives the borrower’s establishment of the escrow account. following: payments within 30 days of the (h) Format for initial escrow account (i) The amount of the borrower’s payment due date. If the servicer does statement. (1) The format and a current monthly mortgage payment and not receive the borrower’s payment completed example for an initial escrow the portion of the monthly payment within 30 days of the payment due date, account statement are set out in HUD going into the escrow account; then the servicer may recover the Public Guidance Documents entitled (ii) The amount of the past year’s deficiency pursuant to the terms of the ‘‘Initial Escrow Account Disclosure monthly mortgage payment and the mortgage loan documents. Statement—Format’’ and ‘‘Initial Escrow portion of the monthly payment that (5) Notice of Shortage or Deficiency in Account Disclosure Statement— went into the escrow account; Escrow Account. The servicer shall Example’’, available in accordance with (iii) The total amount paid into the notify the borrower at least once during § 3500.3. escrow account during the past the escrow account computation year if (2) Incorporation of Initial Escrow computation year; there is a shortage or deficiency in the (iv) The total amount paid out of the Account Statement Into HUD–1 or escrow account. The notice may be part escrow account during the same period HUD–1A Settlement Statement. of the annual escrow account statement for taxes, insurance premiums, and Pursuant to § 3500.9(a)(11), a servicer or it may be a separate document. other charges; (g) Initial Escrow Account Statement. may add the initial escrow account (v) The balance in the escrow account (1) Submission at settlement, or within statement to the HUD–1 or HUD–1A at the end of the period; 45 calendar days of settlement. As noted settlement statement. The servicer may (vi) An explanation of how any in § 3500.17(c)(2), the servicer shall include the initial escrow account surplus is being handled by the servicer; conduct an escrow account analysis statement in the basic text or may attach (vii) An explanation of how any before establishing an escrow account to the initial escrow account statement as shortage or deficiency is to be paid by determine the amount the borrower an additional page to the HUD–1 or the borrower; and shall deposit into the escrow account, HUD–1A settlement statement. (viii) If applicable, the reason(s) why subject to the limitations of (3) Identification of Payees. The initial the estimated low monthly balance was § 3500.17(c)(1)(i). After conducting the escrow account statement need not not reached, as indicated by noting escrow account analysis for each escrow identify a specific payee by name if it differences between the most recent account, the servicer shall submit an provides sufficient information to account history and last year’s initial escrow account statement to the identify the use of the funds. For projection. HUD Public Guidance borrower at settlement or within 45 example, appropriate entries include: Documents entitled ‘‘Annual Escrow calendar days of settlement for escrow county taxes, hazard insurance, Account Disclosure Statement— accounts that are established as a condominium dues, etc. If a particular Format’’ and ‘‘Annual Escrow Account condition of the loan. payee, such as a taxing body, receives Disclosure Statement—Example’’ set (i) The initial escrow account more than one payment during the forth an acceptable format and statement shall include the amount of escrow account computation year, the methodology for conveying this the borrower’s monthly mortgage statement shall indicate each payment information. payment and the portion of the monthly and disbursement date. If there are (2) No annual statements in the case payment going into the escrow account several taxing authorities or insurers, of default, foreclosure, or bankruptcy. and shall itemize the estimated taxes, the statement shall identify each taxing This paragraph (i)(2) contains an insurance premiums, and other charges body or insurer (e.g., ‘‘City Taxes’’, exemption from the provisions of that the servicer reasonably anticipates ‘‘School Taxes’’, ‘‘Hazard Insurance’’, or § 3500.17(i)(1). If at the time the servicer to be paid from the escrow account ‘‘Flood Insurance,’’ etc.). conducts the escrow account analysis during the escrow account computation (i) Annual Escrow Account the borrower is more than 30 days year and the anticipated disbursement Statements. For each escrow account, a overdue, then the servicer is exempt dates of those charges. The initial servicer shall submit an annual escrow from the requirements of submitting an escrow account statement shall indicate account statement to the borrower annual escrow account statement to the the amount that the servicer selects as within 30 days of the completion of the borrower under § 3500.17(i). This a cushion. The statement shall include escrow account computation year. The exemption also applies in situations a trial running balance for the account. servicer shall also submit to the where the servicer has brought an action (ii) Pursuant to § 3500.17(h)(2), the borrower the previous year’s projection for foreclosure under the underlying servicer may incorporate the initial or initial escrow account statement. The mortgage loan, or where the borrower is escrow account statement into the servicer shall conduct an escrow in bankruptcy proceedings. If the HUD–1 or HUD–1A settlement account analysis before submitting an servicer does not issue an annual statement. If the servicer does not annual escrow account statement to the statement pursuant to this exemption incorporate the initial escrow account borrower. and the loan subsequently is reinstated 13246 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations or otherwise becomes current, the payment is not more than 30 days a violation of section 10(d) of RESPA servicer shall provide a history of the overdue. Upon advancing funds to pay (12 U.S.C. 2609(d)) and this section. For account since the last annual statement a disbursement, the servicer may seek each such violation, the Secretary shall (which may be longer than 1 year) repayment from the borrower for the assess a civil penalty in accordance with within 90 days of the date the account deficiency pursuant to § 3500.17(f). section 10(d) of RESPA. became current. (l) System of recordkeeping. (1) Each (n) Civil penalties procedures. The (3) Delivery with other material. The servicer shall keep records, which may following procedures shall apply servicer may deliver the annual escrow involve electronic storage, microfiche whenever the Department seeks to account statement to the borrower with storage, or any method of computerized impose a civil money penalty for other statements or materials, including storage, so long as the information is violation of section 10(c) of RESPA (12 the Substitute 1098, which is provided easily retrievable, reflecting the U.S.C. 2609(c)): for federal income tax purposes. servicer’s handling of each borrower’s (1) Purpose and scope. This paragraph (4) Short year statements. A servicer escrow account. The servicer’s records (n) explains the procedures by which may issue a short year annual escrow shall include, but not be limited to, the the Secretary may impose penalties account statement (‘‘short year payment of amounts into and from the under 12 U.S.C. 2609(d). These statement’’) to change one escrow escrow account and the submission of procedures include administrative account computation year to another. By initial and annual escrow account hearings, judicial review, and collection using a short year statement a servicer statements to the borrower. of penalties. This paragraph (n) governs may adjust its production schedule or (2) The servicer responsible for penalties imposed under 12 U.S.C. alter the escrow account computation servicing the borrower’s escrow account 2609(d) and, when noted, adopts those year for the escrow account. shall maintain the records for that portions of 24 CFR part 30, subpart E, (i) Effect of short year statement. The account for a period of at least five years that apply to all other civil penalty short year statement shall end the after the servicer last serviced the proceedings initiated by the Secretary. ‘‘escrow account computation year’’ for escrow account. (2) Authority. The Secretary has the the escrow account and establish the (3) A servicer shall provide the authority to impose civil penalties beginning date of the new escrow Secretary with information contained in under section 10(d) of RESPA (12 U.S.C. account computation year. The servicer the servicer’s records for a specific 2609(d)). shall deliver the short year statement to escrow account, or for a number or class (3) Notice of intent to impose civil the borrower within 60 days from the of escrow accounts, within 30 days of money penalties. Whenever the end of the short year. the Secretary’s written request for the Secretary intends to impose a civil (ii) Short year statement upon information. The servicer shall convert money penalty for violations of section servicing transfer. Upon the transfer of any information contained in electronic 10(c) of RESPA (12 U.S.C. 2609(c)), the servicing, the transferor (old) servicer storage, microfiche or computerized responsible program official, or his or shall submit a short year statement to storage to paper copies for review by the her designee, shall serve a written the borrower within 60 days of the Secretary. Notice of Intent to Impose Civil Money effective date of transfer. (i) To aid in investigations, the Penalties (Notice of Intent) upon any (iii) Short year statement upon loan Secretary may also issue an servicer on which the Secretary intends payoff. If a borrower pays off a mortgage administrative subpoena for the to impose the penalty. A copy of the loan during the escrow account production of documents, and for the Notice of Intent must be filed with the computation year, the servicer shall testimony of such witnesses as the Chief Docket Clerk, Office of submit a short year statement to the Secretary deems advisable. Administrative Law Judges, at the borrower within 60 days after receiving (ii) If the subpoenaed party refuses to address provided in the Notice of Intent. the pay-off funds. obey the Secretary’s administrative The Notice of Intent will provide: (j) Formats for annual escrow account subpoena, the Secretary is authorized to (i) A short, plain statement of the facts statement. The formats and completed seek a court order requiring compliance upon which the Secretary has examples for annual escrow account with the subpoena from any United determined that a civil money penalty statements using single-item analysis States district court. Failure to obey should be imposed, including a brief (pre-rule accounts) and aggregate such an order of the court may be description of the specific violations analysis are set out in HUD Public punished as contempt of court. under 12 U.S.C. 2609(c) with which the Guidance Documents entitled ‘‘Annual (4) Borrowers may seek information servicer is charged and whether such Escrow Account Disclosure Statement— contained in the servicer’s records by violations are believed to be intentional Format’’ and ‘‘Annual Escrow Account complying with the provisions set forth or unintentional in nature, or a Disclosure Statement—Example’’. in 12 U.S.C. 2605(e) and § 3500.21(f). combination thereof; (k) Timely payments. (1) If the terms (5) After receiving a request (by letter (ii) The amount of the civil money of any federally related mortgage loan or subpoena) from the Department for penalty that the Secretary intends to require the borrower to make payments information relating to whether a impose and whether the limitations in to an escrow account, the servicer shall servicer submitted an escrow account 12 U.S.C. 2609(d)(1), apply; pay the disbursements in a timely statement to the borrower, the servicer (iii) The right of the servicer to a manner, that is, by the disbursement shall respond within 30 days. If the hearing on the record to appeal the date, so long as the borrower’s payment servicer is unable to provide the Secretary’s preliminary determination to is not more than 30 days overdue. In Department with such information, the impose a civil penalty; calculating the disbursement date, the Secretary shall deem that lack of (iv) The procedures to appeal the servicer shall use a date on or before the information to be evidence of the penalty; earlier of the deadline to take advantage servicer’s failure to submit the statement (v) The consequences of failure to of discounts, if available, or the to the borrower. appeal the penalty; and deadline to avoid a penalty. (m) Penalties. A servicer’s failure to (vi) The name, address, and telephone (2) The servicer shall advance funds submit to a borrower an initial or annual number of the representative of the to make disbursements in a timely escrow account statement meeting the Department, and the address of the manner so long as the borrower’s requirements of this part shall constitute Chief Docket Clerk, Office of Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13247

Administrative Law Judges, should the (iv) Burden of Proof. The burden of Department’s final decision imposing servicer decide to appeal the penalty. proof or the burden of going forward the civil penalty shall not be subject to (4) Appeal procedures. (i) Answer. To with the evidence shall be upon the review in the district court. appeal the imposition of a penalty, a proponent of an action. The (iii) The Secretary may obtain such servicer shall, within 30 days after Department’s submission of evidence other relief as may be available, receiving service of the Notice of Intent, that the servicer’s system of records including attorney fees and other file a written Answer with the Chief lacks information that the servicer expenses in connection with the Docket Clerk, Office of Administrative submitted the escrow account collection action. Law Judges, Department of Housing and statement(s) to the borrower(s) shall (iv) Interest on and other charges for Urban Development, at the address satisfy the Department’s burden. Upon any unpaid penalty may be assessed in provided in the Notice of Intent. The the Department’s presentation of accordance with 31 U.S.C. 3717. Answer shall include a statement that evidence of this lack of information in (8) Offset. In addition to any other the servicer admits, denies, or does not the servicer’s system of records, the rights as a creditor, the Secretary may have (and is unable to obtain) sufficient burden of proof shifts from the Secretary seek to collect a civil money penalty information to admit or deny each to the servicer to provide evidence that through administrative offset. allegation made in the Notice of Intent. it submitted the statement(s) to the (9) At any time before the decision of A statement of lack of information shall borrower. the Administrative Law Judge, the have the effect of a denial. Any (v) Standard of Proof. The standard of Secretary and the servicer may enter allegation that is not denied shall be proof shall be the preponderance of the into an administrative settlement. The deemed admitted. Failure to submit an evidence. settlement may include provisions for Answer within the required period of (5) Determination of the interest, attorney’s fees, and costs time will result in a decision by the Administrative Law Judge. related to the proceeding. Such Administrative Law Judge based upon (i) Following the hearing or the settlement will terminate the the Department’s submission of review of the written record, the appearance before the Administrative evidence in the Notice of Intent. Administrative Law Judge shall issue a Law Judge. (ii) Submission of evidence. A servicer decision that shall contain findings of (o) Discretionary payments. Any that receives the Notice of Intent has a fact, conclusions of law, and the amount borrower’s discretionary payment (such right to present evidence. Evidence of any penalties imposed. The decision as credit life or disability insurance) must be submitted within 45 calendar shall include a determination of made as part of a monthly mortgage days from the date of service of the whether the servicer has failed to payment is to be noted on the initial and Notice of Intent, or by such other time submit any required statements and, if annual statements. If a discretionary as may be established by the so, whether the servicer’s failure was payment is established or terminated Administrative Law Judge (ALJ). The the result of an intentional disregard for during the escrow account computation servicer’s failure to submit evidence the law’s requirements. year, this change should be noted on the within the required period of time will (ii) The Administrative Law Judge next annual statement. A discretionary result in a decision by the shall issue the decision to all parties payment is not part of the escrow Administrative Law Judge based upon within 30 days of the submission of the account unless the payment is required the Department’s submission of evidence or the post-hearing briefs, by the lender, in accordance with the evidence in the Notice of Intent. The whichever is the last to occur. definition of ‘‘settlement service’’ in servicer may present evidence of the (iii) The decision of the § 3500.2, or the servicer chooses to place following: Administrative Law Judge shall the discretionary payment in the escrow (A) The servicer did submit the constitute the final decision of the account. If a servicer has not established required escrow account statement(s) to Department and shall be final and an escrow account for a federally related the borrower(s); or binding on the parties. mortgage loan and only receives (B) Even if the servicer did not submit (6) Judicial review. (i) A person payments for discretionary items, this the required statement(s), that the against whom the Department has section is not applicable. failure was not the result of an imposed a civil money penalty under intentional disregard of the (Approved by the Office of Management and this part may obtain a review of the Budget under control number 2502–0501) requirements of RESPA (for purposes of Department’s final decision by filing a determining the penalty). written petition for a review of the § 3500.18 Validity of contracts and liens. (iii) Review of the record. The record with the appropriate United Section 17 of RESPA (12 U.S.C. 2615) Administrative Law Judge will review States district court. governs the validity of contracts and the evidence submitted by the servicer, (ii) The petition must be filed within liens under RESPA. if any, and that submitted by the 30 days after the decision is filed with Department. The Administrative Law the Chief Docket Clerk, Office of § 3500.19 Enforcement. Judge shall make a determination based Administrative Law Judges. (a) Enforcement Policy. It is the policy upon a review of the written record, (7) Collection of penalties. (i) If any of the Secretary regarding RESPA except that the Administrative Law person fails to comply with the enforcement matters to cooperate with Judge may order an oral hearing if he or Department’s final decision imposing a Federal, State or local agencies having she finds that the determination turns civil money penalty, the Secretary, if the supervisory powers over lenders or on the credibility or veracity of a time for judicial review of the decision other persons with responsibilities witness, or that the matter cannot be has expired, may request the Attorney under RESPA. Federal agencies with resolved by review of the documentary General to bring an action in an supervisory powers over lenders may evidence. If the Administrative Law appropriate United States district court use their powers to require compliance Judge decides that an oral hearing is to obtain a judgment against the person with RESPA. In addition, failure to appropriate, then the procedural rules that has failed to comply with the comply with RESPA may be grounds for set forth at 24 CFR part 30, subpart E, Department’s final decision. administrative action by the Secretary shall apply, to the extent that they are (ii) In any such collection action, the under part 24 of this title concerning not inconsistent with this section. validity and appropriateness of the debarment, suspension, ineligibility of 13248 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations contractors and grantees, or under part dealer who anticipates a first lien dealer using as the numerator the number of 25 of this title concerning the HUD loan shall provide to each person who mortgage servicing loans originated Mortgagee Review Board. Nothing in applies for such a loan a Servicing during the calendar year for which this paragraph is a limitation on any Disclosure Statement. This requirement servicing is transferred within the other form of enforcement which may shall not apply when the application for calendar year and, as the denominator, be legally available. credit is turned down within three the total number of mortgage servicing (b) Violations of section 8 of RESPA business days after receipt of the loans originated in the calendar year. If (12 U.S.C. 2607), § 3500.14, or application. A format for the Servicing the volume of transfers is less than 12.5 § 3500.15. Any person who violates Disclosure Statement appears as percent, the word ‘‘nominal’’ or the §§ 3500.14 or 3500.15 shall be deemed Appendix MS–1 to this part. Except as actual percentage amount of servicing to violate Section 8 of RESPA and shall provided in paragraph (b)(2) of this transfers may be used. be sanctioned accordingly. section, the specific language of the (B) This statistical information does (c) Violations of section 9 of RESPA Servicing Disclosure Statement is not not have to include the assignment, sale, (12 U.S.C. 2608) or § 3500.16. Any required to be used, but the Servicing or transfer of mortgage loan servicing by person who violates Section 3500.16 of Disclosure Statement must include the the lender to an affiliate or subsidiary of this part shall be deemed to violate information set out in paragraph (b)(3) the lender. However, lenders may Section 9 of RESPA and shall be of this section, including the statement voluntarily include transfers to an sanctioned accordingly. of the borrower’s rights in connection affiliate or subsidiary. The lender (d) Investigations. The procedures for with complaint resolution. The should indicate whether the percentages investigations and investigational information set forth in Instructions to provided include assignments, sales, or proceedings are set forth in 24 CFR part Preparer on the Servicing Disclosure transfers to affiliates or subsidiaries. 3800. Statement need not be included on the (C) In the alternative, if applicable, form given to applicants, and material § 3500.21 Mortgage servicing transfers. the following statement may be in square brackets is optional or substituted for the statistical (a) Definitions. As used in this alternative language. information required to be provided in section: (2) The Applicant’s accordance with paragraph (b)(3)(ii) of Master servicer means the owner of Acknowledgement portion of the the right to perform servicing, which this section: ‘‘We have previously Servicing Disclosure Statement in the assigned, sold, or transferred the may actually perform the servicing itself format stated is mandatory. Additional or may do so through a subservicer. servicing of federally related mortgage lines may be added to accommodate loans.’’ Mortgage servicing loan means a more than two applicants. federally related mortgage loan, as that (3) The Servicing Disclosure (iii) The best available estimate of the term is defined in § 3500.2, subject to Statement must contain the following percentage (0 to 25 percent, 26 to 50 the exemptions in § 3500.5, when the information, except as provided in percent, 51 to 75 percent, or 76 to 100 mortgage loan is secured by a first lien. paragraph (b)(3)(ii) of this section: percent) of all loans to be made during The definition does not include (i) Whether the servicing of the loan the 12-month period beginning on the subordinate lien loans or open-end lines may be assigned, sold or transferred to date of origination for which the of credit (home equity plans) covered by any other person at any time while the servicing may be assigned, sold, or the Truth in Lending Act and loan is outstanding. If the lender, table transferred. Each percentage should be Regulation Z, including open-end lines funding mortgage broker, or dealer in a obtained by using as the numerator the of credit secured by a first lien. first lien dealer loan does not engage in estimated number of mortgage servicing Qualified written request means a the servicing of any mortgage servicing loans that will be originated for which written correspondence from the loans, the disclosure may consist of a servicing may be transferred within the borrower to the servicer prepared in statement to the effect that there is a 12-month period and, as the accordance with paragraph (e)(2) of this current intention to assign, sell, or denominator, the estimated total section. transfer servicing of the loan. number of mortgage servicing loans that Subservicer means a servicer who (ii) The percentages (rounded to the will be originated in the 12-month does not own the right to perform nearest quartile (25%)) of mortgage period. servicing, but who does so on behalf of servicing loans originated by the lender (A) If the lender, mortgage broker, or the master servicer. in each calendar year for which dealer anticipates that no loan servicing Transferee servicer means a servicer servicing has been assigned, sold, or will be sold during the calendar year, who obtains or who will obtain the right transferred for such calendar year. the word ‘‘none’’ may be substituted for to perform servicing functions pursuant Compliance with this paragraph ‘‘0 to 25 percent.’’ If it is anticipated that to an agreement or understanding. (b)(3)(ii) is not required if the lender, all loan servicing will be sold during the Transferor servicer means a servicer, table funding mortgage broker, or dealer calendar year, the word ‘‘all’’ may be including a table funding mortgage on a first lien dealer loan chooses option substituted for ‘‘76 to 100 percent.’’ broker or dealer on a first lien dealer B in the model format in paragraph (B) This statistical information does loan, who transfers or will transfer the (b)(4) of this section, including in square not have to include the estimated right to perform servicing functions brackets the language ‘‘[and have not assignment, sale, or transfer of mortgage pursuant to an agreement or serviced mortgage loans in the last three loan servicing to an affiliate or understanding. years.]’’. The percentages shall be subsidiary of that person. However, this (b) Servicing Disclosure Statement provided as follows: information may be provided and Applicant Acknowledgement; (A) This information shall be set out voluntarily. The Servicing Disclosure requirements. (1) At the time an for the most recent three calendar years Statements should indicate whether the application for a mortgage servicing completed, with percentages as of the percentages provided include loan is submitted, or within 3 business end of each year. This information shall assignments, sales or transfers to days after submission of the application, be updated in the disclosure no later affiliates or subsidiaries. the lender, mortgage broker who than March 31 of the next calendar year. (iv) The information set out in anticipates using table funding, or Each percentage should be obtained by paragraphs (d) and (e) of this section. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13249

(v) A written acknowledgement that Disclosure Statement on behalf of the one notice, which shall be delivered to the applicant (and any co-applicant) other applicants. the borrower not less than 15 days has/have read and understood the (2) If there is no face-to-face before the effective date of the transfer disclosure, and understand that the interview, the Servicing Disclosure of the servicing of the mortgage disclosure is a required part of the Statement shall be delivered by placing servicing loan. mortgage application. This it in the mail, with prepaid first-class (ii) The Notice of Transfer shall be acknowledgement shall be evidenced by postage, within 3 business days from delivered to the borrower by the the signature of the applicant and any receipt of the application. If co- transferor servicer or the transferee co-applicant. applicants indicate the same address on servicer not more than 30 days after the (4) The following is a model format, their application, one copy delivered to effective date of the transfer of the which includes several options, for that address is sufficient. If different servicing of the mortgage servicing loan complying with the requirements of addresses are shown by co-applicants in any case in which the transfer of paragraph (b)(3) of this section. The on the application, a copy must be servicing is preceded by: model format may be annotated with delivered to each of the co-applicants. (A) Termination of the contract for additional information that clarifies or (3) The signed Applicant servicing the loan for cause; enhances the model language. The Acknowledgment(s) shall be retained for (B) Commencement of proceedings for lender or table funding mortgage broker a period of 5 years after the date of bankruptcy of the servicer; or (or dealer) should use the language that settlement as part of the loan file for (C) Commencement of proceedings by best describes the particular every settled loan. There is no the Federal Deposit Insurance circumstances. requirement for retention of Applicant Corporation (FDIC) or the Resolution (i) Model Format: The following is the Acknowledgment(s) if the loan is not Trust Corporation (RTC) for best estimate of what will happen to the settled. conservatorship or receivership of the servicing of your mortgage loan: (d) Notices of Transfer; loan servicing. servicer or an entity that owns or (A) Option A. We may assign, sell, or (1) Requirement for notice. (i) Except as controls the servicer. transfer the servicing of your loan while provided in this paragraph (d)(1)(i) or (iii) Notices of Transfer delivered at the loan is outstanding. [We are able to paragraph (d)(1)(ii) of this section, each settlement by the transferor servicer and service your loan[.][,] and we [will] [will transferor servicer and transferee transferee servicer, whether as separate not] [haven’t decided whether to] servicer of any mortgage servicing loan notices or as a combined notice, will service your loan.]; or shall deliver to the borrower a written satisfy the timing requirements of (B) Option B. We do not service Notice of Transfer, containing the paragraph (d)(2) of this section. mortgage loans[.][,] [and have not information described in paragraph (3) Notices of Transfer; contents. The serviced mortgage loans in the past (d)(3) of this section, of any assignment, Notices of Transfer required under three years.] We presently intend to sale, or transfer of the servicing of the paragraph (d) of this section shall assign, sell, or transfer the servicing of loan. The following transfers are not include the following information: your mortgage loan. You will be considered an assignment, sale, or (i) The effective date of the transfer of informed about your servicer. transfer of mortgage loan servicing for (C) As appropriate, the following servicing; purposes of this requirement if there is (ii) The name, consumer inquiry paragraph may be used: no change in the payee, address to We assign, sell, or transfer the addresses (including, at the option of which payment must be delivered, the servicer, a separate address where servicing of some of our loans while the account number, or amount of payment loans are outstanding, depending on the qualified written requests must be sent), due: and a toll-free or collect-call telephone type of loan and other factors. For the (A) Transfers between affiliates; number for an employee or department program for which you have applied, we (B) Transfers resulting from mergers of the transferee servicer; expect to [assign, sell, or transfer all of or acquisitions of servicers or (iii) A toll-free or collect-call the mortgage servicing][retain all of the subservicers; and mortgage servicing] [assign, sell, or (C) Transfers between master telephone number for an employee or transfer llll% of the mortgage servicers, where the subservicer remains department of the transferor servicer servicing]. the same. that can be contacted by the borrower (ii) [Reserved] (ii) The Federal Housing for answers to servicing transfer (c) Servicing Disclosure Statement Administration (FHA) is not required inquiries; and Applicant Acknowledgement; under paragraph (d) of this section to (iv) The date on which the transferor delivery. The lender, table funding submit to the borrower a Notice of servicer will cease to accept payments mortgage broker, or dealer that Transfer in cases where a mortgage relating to the loan and the date on anticipates a first lien dealer loan shall insured under the National Housing Act which the transferee servicer will begin deliver Servicing Disclosure Statements is assigned to FHA. to accept such payments. These dates to each applicant for mortgage servicing (2) Time of notice. (i) Except as shall either be the same or consecutive loans. Each applicant or co-applicant provided in paragraph (d)(2)(ii) of this days; must sign an Acknowledgement of section: (v) Information concerning any effect receipt of the Servicing Disclosure (A) The transferor servicer shall the transfer may have on the terms or Statement before settlement. deliver the Notice of Transfer to the the continued availability of mortgage (1) In the case of a face-to-face borrower not less than 15 days before life or disability insurance, or any other interview with one or more applicants, the effective date of the transfer of the type of optional insurance, and any the Servicing Disclosure Statement shall servicing of the mortgage servicing loan; action the borrower must take to be delivered at the time of application. (B) The transferee servicer shall maintain coverage; An applicant present at the interview deliver the Notice of Transfer to the (vi) A statement that the transfer of may sign the Acknowledgment on his or borrower not more than 15 days after servicing does not affect any other term her own behalf at that time. An the effective date of the transfer; and or condition of the mortgage documents, applicant present at the interview also (C) The transferor and transferee other than terms directly related to the may accept delivery of the Servicing servicers may combine their notices into servicing of the loan; and 13250 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

(vii) A statement of the borrower’s (ii) A written request does not equal to the sum of any actual damages rights in connection with complaint constitute a qualified written request if sustained by the individual as the result resolution, including the information set it is delivered to a servicer more than 1 of the failure and, when there is a forth in paragraph (e) of this section. year after either the date of transfer of pattern or practice of noncompliance Appendix MS–2 of this part illustrates servicing or the date that the mortgage with the requirements of this section, a statement satisfactory to the Secretary. servicing loan amount was paid in full, any additional damages in an amount (4) Notices of Transfer; sample notice. whichever date is applicable. not to exceed $1,000. Sample language that may be used to (3) Action with respect to the inquiry. (ii) Class Actions. In the case of a comply with the requirements of Not later than 60 business days after class action, an amount equal to the sum paragraph (d) of this section is set out receiving a qualified written request of any actual damages to each borrower in Appendix MS–2 of this part. Minor from the borrower, and, if applicable, in the class that result from the failure modifications to the sample language before taking any action with respect to and, when there is a pattern or practice may be made to meet the particular the inquiry, the servicer shall: of noncompliance with the circumstances of the servicer, but the (i) Make appropriate corrections in requirements of this section, any substance of the sample language shall the account of the borrower, including additional damages in an amount not not be omitted or substantially altered. the crediting of any late charges or greater than $1,000 for each class (5) Consumer protection during penalties, and transmit to the borrower member. However, the total amount of transfer of servicing. During the 60-day a written notification of the correction. any additional damages in a class action period beginning on the effective date of This written notification shall include may not exceed the lesser of § 500,000 transfer of the servicing of any mortgage the name and telephone number of a or 1 percent of the net worth of the servicing loan, if the transferor servicer representative of the servicer who can servicer. (rather than the transferee servicer that provide assistance to the borrower; or (iii) Costs. In addition, in the case of should properly receive payment on the (ii) After conducting an investigation, any successful action under paragraph (f) of this section, the costs of the action loan) receives payment on or before the provide the borrower with a written and any reasonable attorneys’ fees applicable due date (including any grace explanation or clarification that incurred in connection with the action. period allowed under the loan includes: (A) To the extent applicable, a (2) Nonliability. A transferor or documents), a late fee may not be statement of the servicer’s reasons for transferee servicer shall not be liable for imposed on the borrower with respect to concluding the account is correct and any failure to comply with the that payment and the payment may not the name and telephone number of an requirements of this section, if within be treated as late for any other purposes. employee, office, or department of the 60 days after discovering an error (e) Duty of loan servicer to respond to servicer that can provide assistance to (whether pursuant to a final written borrower inquiries. the borrower; or examination report or the servicer’s own (1) Notice of receipt of inquiry. Within (B) Information requested by the procedures) and before commencement 20 business days of a servicer of a borrower, or an explanation of why the of an action under this section and the mortgage servicing loan receiving a information requested is unavailable or receipt of written notice of the error qualified written request from the cannot be obtained by the servicer, and from the borrower, the servicer notifies borrower for information relating to the the name and telephone number of an the person concerned of the error and servicing of the loan, the servicer shall employee, office, or department of the makes whatever adjustments are provide to the borrower a written servicer that can provide assistance to necessary in the appropriate account to response acknowledging receipt of the the borrower. ensure that the person will not be qualified written response. This (4) Protection of credit rating. (i) required to pay an amount in excess of requirement shall not apply if the action During the 60-business day period any amount that the person otherwise requested by the borrower is taken beginning on the date of the servicer would have paid. within that period and the borrower is receiving from a borrower a qualified (g) Timely payments by servicer. If the notified of that action in accordance written request relating to a dispute on terms of any mortgage servicing loan with the paragraph (f)(3) of this section. the borrower’s payments, a servicer may require the borrower to make payments By notice either included in the Notice not provide adverse information to the servicer of the loan for deposit of Transfer or separately delivered by regarding any payment that is the into an escrow account for the purpose first-class mail, postage prepaid, a subject of the qualified written request of assuring payment of taxes, insurance servicer may establish a separate and to any consumer reporting agency (as premiums, and other charges with exclusive office and address for the that term is defined in section 603 of the respect to the mortgaged property, the receipt and handling of qualified Fair Credit Reporting Act, 15 U.S.C. servicer shall make payments from the written requests. 1681a). escrow account in a timely manner for (2) Qualified written request; defined. (ii) In accordance with section 17 of the taxes, insurance premiums, and (i) For purposes of paragraph (e) of this RESPA (12 U.S.C. 2615), the protection other charges as the payments become section, a qualified written request of credit rating provision of paragraph due, as governed by the requirements in means a written correspondence (other (e)(4)(i) of this section does not impede § 3500.17(k). than notice on a payment coupon or a lender or servicer from pursuing any (h) Preemption of State laws. A lender other payment medium supplied by the of its remedies, including initiating who makes a mortgage servicing loan or servicer) that includes, or otherwise foreclosure, allowed by the underlying a servicer shall be considered to have enables the servicer to identify, the mortgage loan instruments. complied with the provisions of any name and account of the borrower, and (f) Damages and costs. (1) Whoever State law or regulation requiring notice includes a statement of the reasons that fails to comply with any provision of to a borrower at the time of application the borrower believes the account is in this section shall be liable to the for a loan or transfer of servicing of a error, if applicable, or that provides borrower for each failure in the loan if the lender or servicer complies sufficient detail to the servicer regarding following amounts: with the requirements of this section. information relating to the servicing of (i) Individuals. In the case of any Any State law requiring notice to the the loan sought by the borrower. action by an individual, an amount borrower at the time of application or at Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13251 the time of transfer of servicing of the loan is preempted, and there shall be no additional borrower disclosure requirements. Provisions of State law, such as those requiring additional notices to insurance companies or taxing authorities, are not preempted by section 6 of RESPA or this section, and this additional information may be added to a notice prepared under this section, if the procedure is allowable under State law. (Approved by the Office of Management and Budget under control number 2502–0458) 3. Appendix A is amended by revising the heading of the appendix to read as follows: Appendix A to Part 3500—Instructions for Completing HUD–1 and HUD–1A Settlement Statements; Sample HUD 1 and HUD 1A Statements 4. Appendix B is amended in Illustration 11, in the paragraph headed ‘‘Comments,’’ by substituting the reference ‘‘section 3500.14(g)(1)’’ for the reference ‘‘Section 3500.14(g)(2)’’. 5. Appendix MS–2 is revised to read as follows:

BILLING CODE 4210±27±P 13252 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13253 13254 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13255

Dated: March 6, 1996. Nicolas P. Retsinas, Assistant Secretary for Housing-Federal Housing Commissioner, [FR Doc. 96–6511 Filed 3–25–96; 8:45 am] BILLING CODE 4210±27±C federal register March 26,1996 Tuesday Beverages: BottledWater;FinalRule 21 CFRPart165 Food andDrugAdministration Services Health andHuman Department of Part III 13257 13258 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

DEPARTMENT OF HEALTH AND in § 165.110 (21 CFR 165.110) or Agreement for Tariffs and Trade (EC HUMAN SERVICES publish in the Federal Register its GATT) Enquiry Point, a bottled water reasons for not making such company, a supplier of packaging Food and Drug Administration amendments. materials, and a nonprofit private In the Federal Register of July 17, organization. The majority of the 21 CFR Part 165 1992 (57 FR 31776) (hereinafter referred comments stated that they generally [Docket No. 93N±0085] to as the July 1992 final rule), EPA supported the proposal. Two comments published a final rule promulgating addressed the issue of Federal Beverages: Bottled Water NPDWR’s consisting of maximum preemption of State requirements contaminant levels (MCL’s) for 18 SOC’s concerning the quality of bottled water AGENCY: Food and Drug Administration, and 5 IOC’s. Further, in that final rule, and related monitoring requirements. HHS. EPA deferred establishing an MCL for The issue of Federal preemption of State ACTION: Final rule. sulfate in public drinking water. requirements is outside the scope of the In accordance with section 410 of the proposal and thus will not be discussed SUMMARY: The Food and Drug act, FDA published in the Federal here. A number of comments suggested Administration (FDA) is amending the Register of August 4, 1993 (58 FR modifications to, or were opposed to, quality standard for bottled water by 41612), a proposal to adopt EPA’s various provisions of the proposal. A establishing or revising allowable levels MCL’s for the 18 SOC’s and 5 IOC’s as summary of the suggested changes, the for 5 inorganic chemicals (IOC’s) and 17 allowable levels in the quality standard opposing comments, and the agency’s synthetic organic chemicals (SOC’s), for bottled water (hereinafter referred to responses follows. including 3 synthetic volatile organic as the August 1993 proposal). In the B. Comments Pertaining to Allowable chemicals (VOC’s), 9 pesticide August 1993 proposal, FDA tentatively chemicals, and 5 nonpesticide Levels in the Quality Standard for concluded that the MCL’s that EPA had Bottled Water chemicals. However, FDA is staying the established based on available effective date for the allowable levels for toxicological information for the 18 1. One of the comments addressed the the 5 IOC’s and 4 of the SOC’s. FDA also SOC’s and 5 IOC’s in public drinking proposed allowable level of 0.006 mg/L is not changing the existing allowable water were adequate to protect the for the chemical, DEHP. The comment level for sulfate in the bottled water public from the adverse health effects of pointed out that this chemical is prior quality standard. In addition, FDA is these chemical contaminants in sanctioned in § 181.27 (21 CFR 181.27) deferring final action on the proposed drinking water. Further, FDA tentatively for use as a plasticizer when migrating allowable level for the nonpesticide concluded that adopting EPA’s MCL’s from food-packaging material into foods chemical di(2-ethylhexyl)phthalate for the 18 SOC’s and 5 IOC’s as with high water content and, as such, is (DEHP). This final rule will ensure that allowable levels in the bottled water approved for use in contact with food in the minimum quality of bottled water, quality standard was appropriate to § 177.1210 (21 CFR 177.1210) Closures as affected by at least the 13 chemicals protect the public from the adverse with sealing gaskets for food containers. for which allowable levels are adopted health effects of these chemical The comment also pointed out that and effective, remains comparable with contaminants that may be found in DEHP is routinely used as a plasticizer the quality of public drinking water that bottled water. in gaskets used in metal and plastic meets the Environmental Protection FDA did not propose any change in closures for the packaging of bottled Agency (EPA) standards. the existing allowable level of 250 water in accord with this approval, and DATES: The regulation is effective milligrams per liter (mg/L) for sulfate in that such use may result in levels of this September 23, 1996. The Director of the bottled water. FDA had established this chemical migrating into water that Office of the Federal Register approves level in 1973 (38 FR 32558, November exceed the proposed allowable level. Thus, the comment maintained that the incorporation by reference in 26, 1973), based on the Public Health finalizing the proposed allowable level accordance with 5 U.S.C. 552(a) and 1 Service standard for sulfate in drinking for DEHP would result in a limit on the CFR part 51 of certain publications in 21 water established on March 6, 1962 (27 level of this chemical in bottled water CFR 165.110(b)(4)(iii), effective FR 2152). Although EPA proposed to that conflicts with this chemical’s September 23, 1996. establish either 400 or 500 mg/L as the permitted use under the existing food FOR FURTHER INFORMATION CONTACT: MCL for sulfate in public drinking water additive regulation for closures with (55 FR 30370, July 25, 1990), it deferred Henry S. Kim, Center For Food Safety sealing gaskets, and that taking such action on this MCL in its July 1992 final and Applied Nutrition (HFS–306), Food action would effectively ban the use of rule and did not revise the existing and Drug Administration, 200 C Street this plasticizer. The comment further SW., Washington, DC 20204, 202–205– secondary maximum contaminant level pointed out that gaskets containing 4681. (SMCL) of 250 mg/L for this chemical DEHP are permitted for use in packaging (40 CFR 143.3) in public drinking water. SUPPLEMENTARY INFORMATION: food and bottled water under relevant II. Summary of and Response to European national regulations, and that I. Background Comments these uses comply with the migration Under section 410 of the Federal limit of 3 mg/kilograms proposed for Food, Drug, and Cosmetic Act (the act) A. Summary of Comments DEHP established by the Scientific (21 U.S.C. 349), whenever EPA FDA received 11 comments in Committee for Food in their Synoptic prescribes interim or revised National response to the August 1993 proposal. Document 7. Primary Drinking Water Regulations The comments represented the views of FDA was not aware of the potential (NPDWR’s) under section 1412 of the three foreign trade associations and one conflict between the proposed allowable Public Health Service Act (The Safe domestic trade association that level for DEHP and the existing prior Drinking Water Act (SDWA) (42 U.S.C. represent bottled water manufacturers, sanction for this substance in § 181.27 at 300f through 300j–9)), FDA is required two State health departments, a State the time it published the proposal. The to consult with EPA and either amend environmental protection department, a agency needs additional time to its regulations for bottled drinking water European Communities General evaluate this matter and to determine an Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13259 appropriate course of action with levels in the quality standard for certain for chemical contaminants addressed in respect to the proposed allowable level physical and chemical attributes (i.e., this final rule might create technical for DEHP. Therefore, FDA is deferring color, odor, total dissolved solids (TDS), barriers to trade. final action on the proposed allowable chloride, iron, manganese, sulfate, and With regard to the U.S. standards for level for DEHP at this time. zinc) that are based on EPA’s SMCL’s barium, chloride, copper, fluoride, 2. Several comments asked FDA to and, as such, are intended only to nitrate, trihalomethanes, TDS, and zinc, clarify the status of bottled water ensure the aesthetic quality of the water, FDA notes that the allowable levels for products labeled as mineral water with i.e., SMCL’s are not established for these chemical contaminants were respect to compliance with the existing public health reasons. Consequently, in established in previous rulemakings and allowable level of 250 mg/L for sulfate the November 1995 final rule (60 FR thus are outside the scope of this in bottled water. The comments stated 57076 at 57125), FDA included rulemaking. that, in the Federal Register of January provisions that exempt bottled mineral Further, FDA disagrees with the 5, 1993 (58 FR 393), FDA proposed to waters that meet the definition for comment’s assertion that trade barriers exempt bottled mineral water from ‘‘mineral water’’ in § 165.110(a)(2)(iii) might be created because European complying with the allowable levels for from complying with the allowable bottled water products meeting EC certain substances, such as sulfate, that levels for color, odor, TDS, chloride, Council Directives 80/777/EEC and 80/ may be present at high levels in some iron, manganese, sulfate, and zinc. 778/EEC may not meet the allowable mineral waters because the allowable Therefore, bottled mineral waters do not levels for certain chemical contaminants levels in question have been established have to comply with the allowable level in the quality standard for bottled water for aesthetic reasons and not for public of 250 mg/L for sulfate. FDA reflected for the following two reasons: health protection. this fact in the November 1995 final rule First, as stated above, FDA recognizes FDA did not fully address this issue (60 FR 57076 at 57125) by including a that the levels of these physical and in the August 1993 proposal. These footnote to the entry for sulfate in the chemical contaminants in bottled comments are correct in noting that in listing of allowable levels under mineral waters with high mineral January of 1993, FDA proposed to § 165.110(b)(4)(I)(A). Therefore, no content may exceed the allowable subject bottled mineral water to the action in response to this comment is levels. bottled water quality standard but to necessary in this final rule. Thus, in the November 1995 final exempt mineral water from complying 3. One comment from an EC GATT rule, FDA has provided that bottled with certain allowable levels, including Enquiry Point questioned whether mineral waters are exempt from that for sulfate, that were established for European mineral waters that meet EC complying with the allowable levels for aesthetic reasons and not for public Council Directive 80/777/EEC of July color, odor, TDS, chloride, iron, health protection. The January 1993 15, 1980, which established standards manganese, sulfate, and zinc that are all proposal was still pending when the relating to the exploitation and based upon EPA’s SMCL’s. Therefore, August 1993 proposal was published. marketing of natural mineral waters for European bottled mineral waters that Bottled mineral water was not yet member countries of the EC, but that meet the definition for ‘‘mineral water’’ subject to the bottled water quality contain levels of chemical contaminants in § 165.110(a)(2)(iii) do not have to standard. Therefore, in addressing the that exceed FDA’s proposed allowable comply with the allowable levels for allowable level for sulfate in the August levels, particularly those allowable these contaminants in the quality 1993 proposal, FDA did not provide in levels that are based on EPA’s SMCL’s, standard for bottled water. There is, the codified material that bottled can be marketed in the United States. consequently, no basis for the concern mineral water would be exempt from The comment stated that European expressed by the comment. the quality standard for sulfate. mineral waters should be exempt from Second, with respect to other In the Federal Register of November complying with allowable levels that are chemical contaminants (i.e., beryllium, 13, 1995 (60 FR 57076) (hereinafter based on aesthetic factors to prevent any thallium, dichloromethane, 1,2,4- referred to as the November 1995 final unnecessary trade barriers. trichlorobenzene, 1,1,2-trichloroethane, rule), FDA published a final rule based The same comment also stated that, hexachlorocyclopentadiene, dioxin, on the January 1993 proposal that, with regard to drinking waters, the DEHP, and DEHA) addressed in this among other things, established a proposed standards for barium, final rule and for which no limits are standard of identity for bottled water (21 chloride, copper, fluoride, nitrate, established in the EC Council Directive CFR part 165), which includes a trihalomethanes, TDS, and zinc are 80/778/EEC, the comment did not definition for mineral water and which stricter than those established in EC provide any evidence of any European subjects mineral water to the quality Council Directive 80/778/EEC of July bottled waters that would not meet the standard regulations for bottled water. 15, 1980, relating to the quality of water allowable levels for these chemical Bottled mineral water must also comply intended for human consumption (other contaminants. In addition, except for with the current good manufacturing than natural mineral waters and the chemical DEHP, FDA is not aware practice (CGMP) regulations for bottled medicinal waters). Moreover, the of any evidence that would indicate that water in part 129 (21 CFR part 129). comment stated that EC Council European bottled waters would not meet Thus, under the newly established Directive 80/778/EEC does not contain the allowable levels for the chemical regulations, bottled waters that meet the any limit for beryllium, thallium, contaminants addressed in this final definition for ‘‘mineral water’’ in dichloromethane, 1,2,4- rule. § 165.110(a)(2)(iii) must comply with trichlorobenzene, 1,1,2-trichloroethane, Moreover, if a bottled water product the bottled water quality standard (i.e., dioxin, DEHP, di(2-ethylhexyl)adipate (domestic or imported) exceeds an the allowable levels for physical, (DEHA), and allowable level for a particular chemical, microbiological, and hexachlorocyclopentadiene. contaminant, under the labeling radiological contaminants) in Consequently, the comment questioned provisions of § 165.110(c), the bottler § 165.110(b). whether European bottled waters that can still market that product, provided However, FDA recognizes that comply with EC Council Directive 80/ that the labeling bears a statement of mineral water with a high mineral 778/EEC will be accepted on the U.S. substandard quality (e.g., if it exceeds content may not meet the allowable market, or whether the allowable levels the allowable level for thallium, the 13260 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations labeling shall state either ‘‘Contains water. In the past, in similar Consequently, the comment asserted Excessive Thallium’’ or ‘‘Contains circumstances where FDA had proposed that a large number of bottlers could be Excessive Chemical Substances’’ if the to establish allowable levels for in violation of monitoring requirements bottled water is not mineral water under contaminants in bottled water based for these contaminants because § 165.110(c)(3)). Therefore, should a upon EPA’s MCL’s that were less laboratories qualified to perform the European or an American bottled water stringent than existing allowable levels, analytical methods to determine these product exceed the allowable levels for FDA has concluded (see e.g. 59 FR chemical contaminants may not be certain contaminants, it still can be 61529 at 61531, December 1, 1994) that readily available. marketed in the United States if its its general policy of adopting EPA’s FDA disagrees with this comment. In labeling bears the prescribed statement MCL’s for chemical contaminants as its July 1992 final rule (57 FR 31776 at for those contaminants. allowable levels in bottled water (where 31798), that established NPDWR’s for Consequently, because FDA does not bottled water may be expected to the chemical contaminants addressed in expect that European bottled waters will contain the contaminants at issue (58 FR this final rule, EPA stated that selection exceed the allowable levels for the 41612 at 41613, August 4, 1993)) is of analytical methods for compliance chemical contaminants addressed in appropriate because it will protect the monitoring of the chemical this final rule, and because bottled public health, maintain consistent contaminants was based on the water that exceeds the allowable level standards for identical contaminants in following factors: (1) Reliability (i.e., for a contaminant can still be sold in the bottled water and public drinking water, precision/accuracy) of the analytical United States if it bears the prescribed prevent duplication of efforts between results; (2) specificity in the presence of label statement, FDA rejects the FDA and EPA in evaluating the effects interferences; (3) availability of enough comment’s suggestion that this final rule of contaminants in drinking water, and equipment and trained personnel to will create technical trade barriers. not foster public perception that bottled implement a national monitoring However, FDA reminds water bottlers water is required to be of better quality program (i.e., laboratory availability); (4) (domestic and foreign) that any bottled than tap water. This continues to be the rapidity of analysis to permit routine water containing a substance at a level agency’s position. Therefore, for these use; and (5) cost of analysis to water considered injurious to health is reasons, FDA is adopting EPA’s MCL’s supply systems. adulterated under section 402(a)(1) of for endrin as the allowable level in the Further, EPA stated in its July 1992 the act (21 U.S.C. 342(a)(1)) and is quality standard for bottled water. final rule (57 FR 31776 at 31799) that, subject to regulatory action, regardless In conclusion, the majority of the although the ICP–MS technique for of whether or not the bottled water bears comments to the August 1993 proposal determining inorganic chemical a label statement of substandard quality supported the proposed allowable levels contaminants (i.e., elements such as prescribed in § 165.110(c). In this for the 5 IOC’s and 18 SOC’s in the antimony, beryllium, and nickel) is not regard, FDA notes that the GATT quality standard for bottled water. used widely, it expects that routine use Agreement on Sanitary and Further, the agency has addressed the of this equipment for determining trace Phytosanitary (SPS) measures, resulting comments that suggested modifications elements in water samples will soon from the Uruguay Round of Multilateral to or were opposed to various allowable become the norm comparable to current Trade Negotiations, permits countries to levels in the proposal. With the routine laboratory use of gas give food safety requirements priority exception of the comment pertaining to chromatography/mass spectrometry over trade when those requirements are the proposed allowable level for DEHP (GC/MS) techniques for water analysis. based on valid scientific information. (see comment 1 of this document), none In addition, EPA stated that, although 4. One comment from a trade of the comments have persuaded FDA the cost of the equipment is high, the association representing bottled water that it should not adopt the allowable capability of ICP–MS technique (i.e., manufacturers opposed FDA’s proposal levels as proposed for the remaining high sensitivity, short analysis times, to adopt EPA’s MCL for endrin as the chemical contaminants. The agency, and multiple metal analytical allowable level in bottled water because therefore, is adopting the allowable capability) makes it a cost effective EPA’s level for endrin in public levels for 22 of the 23 chemical investment because of lower operational drinking water is higher than the contaminants (excluding DEHP) in the costs when compared to trace element existing allowable level for this quality standard for bottled water as determination with such techniques as contaminant in the bottled water quality proposed (58 FR 41612). conventional atomic absorption standard. The comment argued that spectrophotometry. EPA concluded that bottlers can and have met, without C. Comments Related to Monitoring for the ICP–MS technique is technologically exception, the existing allowable level Chemical Contaminants Under the and economically feasible for routine for endrin in bottled water, and thus, Bottled Water CGMP Regulations compliance monitoring of water FDA should keep the more stringent 5. One comment from a nonprofit samples and adopted the technique for allowable level for endrin in bottled private organization stated that determining trace elements in water water. The comment further argued that laboratory equipment (e.g., inductively samples. Finally, EPA stated that the while it does not disagree with FDA’s coupled plasma-mass spectroscopy ICP–MS technique is one of many being acknowledgment of EPA’s risk (ICP–MS)) for determining a number of approved for determining trace elements assessment for contaminants, FDA trace elements such as antimony, in water samples, and laboratories should not weaken the bottled water beryllium, and nickel) addressed in this without ICP–MS technique capability quality standard merely because EPA rulemaking is not available to a large may use other conventional methods. has established less stringent level for number of laboratories because of the Based on the factors discussed above public water utilities based on their cost of such equipment. Further, the (i.e., reliability, specificity, availability, technical limitations. comment maintained that a limited rapidity) that EPA considered in FDA rejects the comment’s call to number of laboratories exist that are adopting analytical methods for retain the existing allowable level for qualified to perform many of the determining the levels in public endrin in the bottled water quality methods that FDA is proposing to adopt drinking water of the 24 chemical standard that is lower than the EPA’s for measuring these chemical contaminants that are the subject of this MCL for endrin in public drinking contaminants in bottled water. rulemaking, FDA concludes that Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13261 laboratories are readily available that are by one commenter that was obtained 76 percent (i.e., 1,554 of 2,037) of the competent in performing the applicable from a nonprofit private organization analyses, and in no case did a analytical methods for the 22 chemical that offers testing services for the bottled contaminant exceed the allowable level. contaminants for which it is water industry suggest that bottled Contaminants exceeding 50 percent of establishing allowable levels. FDA water frequently would not be expected the allowable level were detected in therefore rejects the comment’s to contain detectable levels of the types only 12 instances among 2,037 analyses, suggestion that a large number of of nonnaturally occurring contaminants and in all but 1 of these instances, the bottlers could be in violation of the regulated under the bottled water contaminants or physical/quality monitoring requirements for a number quality standard (i.e., pesticides and attributes that were detected (e.g., color, of the contaminants because laboratories SOC’s), and that the instances where odor, TDS, iron, manganese) were those qualified to perform the required such chemicals are detected are for which FDA has established analytical methods are not readily relatively few in number. Moreover, the allowable levels based on EPA’s SMCL’s available. levels of such contaminants, when to address the aesthetic effects, but not 6. Comments from a trade association found, are well below the allowable the health effects, of the contaminants. representing bottled water levels. The data also suggest that Contaminants exceeding 20 percent of manufacturers and from a nonprofit naturally occurring contaminants, e.g., the allowable level were detected in 100 private organization maintained that, for IOC’s, are frequently not found in instances among the 2,037 analyses, and nine of the chemical contaminants bottled water, and that when they are in all but 6 of these instances, the addressed in the proposal, namely the found in bottled water, they do not contaminants or physical/quality IOC’s antimony, beryllium, cyanide, exceed the allowable levels and, in fact, attributes detected were those for which nickel, and thallium and the SOC’s are usually found at levels well below FDA has established allowable levels diquat, endothall, glyphosate, and the allowable levels. based on EPA’s SMCL’s. dioxin, finalization of the proposed For example, a 1990 analytical test In view of these facts, the allowable levels would, under the summary showed that among a set of 97 commenter’s suggestion that FDA adopt CGMP requirements for bottled water bottled water products analyzed for 6 monitoring requirements for bottled (part 129), require additional analytical pesticide chemicals (endrin, lindane, water that are similar to EPA’s testing to be performed by water bottlers methoxychlor, toxaphene, 2,4-D, and monitoring requirements (i.e., that for monitoring purposes. Bottlers would 2,4,5-TP), none tested positive for any of would allow bottlers to monitor finished have to test for these contaminants at these 6 pesticide chemicals, i.e., no bottled water products for chemical least annually using methods other than pesticide chemical was detected in 582 contaminants less frequently than once those that are being used to analyze (i.e., 6×97) analyses. The analytical test per year if they can establish that a bottled water for compliance with the summary also showed that among contaminant is not likely to be present quality standard. The comment from the another set of 21 bottled water products in the source water for bottling or in the bottled water trade association stated analyzed for 11 different pesticide finished bottled water products) merits that this additional testing would chemicals (simazine, atrazine, alachlor, consideration by the agency. However, impose an additional cost of over one heptachlor, chlordane, oxamyl, any revision of the monitoring million dollars annually on bottlers. To carbofuran, dalapon, requirements for chemical contaminants ease the economic burden that would pentachlorophenol, dinoseb, and in bottled water would require a careful result from these testing requirements, picloram), none tested positive for any consideration of all the relevant facts the comments recommended that the of these 11 pesticide chemicals, i.e., no and an opportunity for input from all agency adopt monitoring requirements pesticide chemical was detected in the concerned parties. It would also require for bottled water that are similar to 231 (i.e., 11×21) analyses. Further, in an amendment of the bottled water EPA’s monitoring requirements, which 1993, among 150 bottled water samples CGMP regulations. As such, it is beyond would allow bottlers to obtain waivers analyzed for the above 17 pesticide the scope of this rulemaking. This permitting them to monitor finished chemicals for which EPA has rulemaking only addresses the bottled water products for chemical established MCL’s, none showed the allowable levels for certain chemical contaminants less frequently than once presence of any of these 17 pesticide contaminants in the quality standard for per year if they can establish that a chemicals, i.e., no pesticide chemical bottled water. contaminant is not likely to be present was detected in the 2,550 (i.e., 17×150) FDA intends to initiate rulemaking to in the source water for bottling or in the analyses. address the issue of the circumstances finished bottled water products. In addition, the commenter submitted in which reduced frequency of However, comments from two State another 1990 analytical summary monitoring for chemical contaminants public health departments contended showing that among 97 bottled water in bottled water products is appropriate. that water bottlers should continue to be products tested for 32 contaminants (18 This rulemaking will consider the issues required to test their products at least IOC’s, 11 nonpesticide SOC’s, and 3 raised in the comments from the State annually for chemical contaminants. physical/quality attributes) for which health department summarized above. One of these comments argued that the FDA has established allowable levels in However, the agency’s ability to current minimum annual testing is the bottled water quality standard, none undertake this rulemaking expeditiously essential, and that cost should not be a contained any of these contaminants will depend on the availability of consideration, even for small bottling above the allowable levels. agency resources and other competing companies. Nonpesticide SOC’s were detected in 70 priorities, particularly those of a FDA recognizes that the number of instances among the 1,067 (i.e., 11×97) significant public health concern. chemical contaminants that bottlers analyses, but in no case did the level As discussed above, FDA is adopting must monitor under the bottled water detected exceed 20 percent of the the allowable levels for 22 of 23 CGMP regulations has increased allowable level. Further, when testing chemical contaminants (excluding substantially in recent years. FDA also was done for other types of DEHP) in the quality standard for recognizes that the increased monitoring contaminants (IOC’s) and physical/ bottled water as proposed (58 FR requirements pose additional costs to quality attributes (e.g., odor, turbidity), 41612). However, given the cost of water bottlers. Further, data submitted such contaminants were not detected in testing for the nine chemical 13262 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations contaminants in question (antimony, proposal, the agency has determined Method 4500–CN–F is no longer beryllium, cyanide, nickel, thallium, that no changes in the final rule other commercially available. Therefore, diquat, endothall, glyphosate, and than those discussed in the response to because the 1989 version of Method dioxin), and the fact that the comments comment 6 of this document concerning 4500–CN–F is no longer commercially have submitted data showing that it is staying of the effective date for 9 of the available, and because FDA is unlikely that IOC’s, SOC’s, and 23 contaminants and in response to incorporating by reference four other pesticide contaminants will be found in comment 1 of this document concerning methods (three EPA methods and one bottled water at levels that would pose deferring final action on DEHP are ASTM method) for determining cyanide a quality or safety concern, FDA finds warranted. in bottled water, FDA is not adopting that it is in the public interest and in the In the November 1995 final rule that Method 4500–CN–F. interest of justice to stay the effective established a standard of identity for Finally, FDA is consolidating and date of the allowable levels for these bottled water, FDA moved the standard relisting in alphabetical order all of the nine comtaminants, in accordance with of quality for bottled water from appropriate analytical methods that the 21 CFR 10.35(e). FDA is staying the § 103.35 (21 CFR 103.35) to § 165.110. agency either previously incorporated effect of these allowable levels until it Therefore, the provisions that are being by reference or is incorporating by has completed a rulemaking to address added to the quality standard in this reference in this final rule in recodified the issue of reduced frequency final rule are being codified under § 165.110(b)(4)(iii)(E), (b)(4)(iii)(F), and monitoring for chemical contaminants § 165.110 and not under § 103.35 (as (b)(4)(iii)(G). in bottled water. As a result of this was proposed), which has been Therefore, upon the effective date of action, bottlers are not required to superseded. this rule, September 23, 1996, any With respect analytical methods for monitor source waters and finished bottled water that contains any of the 13 the determination of chemical bottled water products annually for chemical contaminants for which the contaminants, FDA is making the these nine chemical contaminants at allowable levels are effective at a level following changes in 165.110(b)(4)(iii). this time. that exceeds the applicable allowable FDA, however, reminds water bottlers In § 165.110(b)(4)(iii)(E)(1)(iv), FDA levels will be misbranded under section that they are responsible for ensuring cites the updated version of proposed 403(h)(1) of the act (21 U.S.C. 343(h)(1)) that all bottled water products Method D–3697–87 (i.e., Method D– unless it bears a statement of introduced or delivered for introduction 3697–92), and in substandard quality as provided by into interstate commerce are safe, § 165.110(b)(4)(iii)(E)(7)(iv), FDA cites § 165.110(c)(3). wholesome, and appropriately labeled. the updated version of proposed Moreover, any bottled water containing Method D–2036–89A (i.e., Method D– IV. Environmental Impact any substance (including any of the nine 2036–91). The agency has previously considered chemical contaminants for which the These methods are contained in the the environmental effects of this rule as allowable levels are being stayed) at a manual entitled ‘‘Annual Book of ASTM announced in the proposed rule (58 FR level that may be injurious to health Standards,’’ vols. 11.01 and 11.02, 1995, under section 402 of the act is American Society for Testing and 41612, August 4, 1993). No new adulterated and will be subject to Materials (ASTM), 100 Barr Harbor Dr., information or comments have been regulatory action. Consequently, FDA West Conshoocken, PA 19428, which is received that would affect the agency’s advises water bottlers to ensure through incorporated by reference in accordance previous determination that there is no appropriate manufacturing techniques with 5 U.S.C. 552(a) and 1 CFR part 51. significant impact on the human and sufficient quality control The source for the manual containing environment and that an environmental procedures that their bottled water the two methods is the American impact statement is not required. products are safe with respect to levels Society for Testing and Materials. FDA V. Analysis of Economic Impacts of these nine chemical contaminants. is adopting the updated versions of the two methods because the proposed FDA has examined the impacts of this III. Conclusion older versions (i.e., Method D–3697–87 final rule which amends the quality The agency is adopting the provisions and Method D–2036–89A) are contained standard for bottled water by concerning allowable levels for 22 of the in the 1991 edition of the manual establishing or revising allowable levels 23 chemical contaminants (excluding entitled ‘‘Annual Book of ASTM for 5 IOC’s and 17 SOC’s (excluding DEHP) in the quality standard for Standards,’’ vols. 11.01 and 11.02, DEHP) as required by Executive Order bottled water as proposed (58 FR which the publisher has discontinued 12866 and the Regulatory Flexibility Act 41612). However, FDA is staying the printing, and therefore, is no longer (Pub. L. 96–654). Executive Order 12866 effective date of the allowable levels for commercially available. directs agencies to assess all costs and nine of these chemical contaminants Further, FDA is deleting proposed benefits of available regulatory (five IOC’s and four SOC’s) for the § 103.35(d)(3)(v)(H)(5) that contains the alternatives and, when regulation is reasons explained in the response to analytical method, 4500–CN–F which is necessary, to select regulatory comment 6 of this document. Further, as one of five methods that FDA proposed approaches that maximize net benefits explained in response to comment 1 of to adopt for determining cyanide in (including potential economic, this document, FDA is deferring final bottled water. FDA proposed to adopt environmental, public health and safety, action on the proposed allowable level Method 4500–CN–F that is contained in and other advantages; distributive for the nonpesticide chemical DEHP. ‘‘Standard Methods for the Examination impacts; and equity). The majority of the comments to the of Water and Wastewater,’’ 17th ed. The Regulatory Flexibility Act August 1993 proposal supported the (1989), published by the American requires analyzing options for regulatory provisions concerning allowable levels Public Health Association, Washington, relief for small businesses. FDA finds that FDA is adopting in this final rule. DC. However, the publisher has that this final rule is not a significant Further, after carefully considering the discontinued printing the 1989 edition regulatory action as defined by comments that the agency received that of the Standard Methods for the Executive Order 12866. In compliance suggested modifications to, or that were Examination of Water and Wastewater. with the Regulatory Flexibility Act, the opposed to, various provisions of the Consequently, the 1989 version of agency certifies that the final rule will Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13263 not have a significant impact on a in the country (Ref. 1). On average, each requirements in the CGMP are reduced, substantial number of small businesses. small bottler produces two products. FDA assumes that any revision of the Thus the incremental annual cost to CGMP would require at least initial A. Costs small bottlers is estimated as 280 testing for the nine contaminants for In the August 1993 proposal, FDA bottlers × 2 products × $1,290, which which the allowable levels are being presented an analysis of the economic would be equal to $722,400. The total stayed. The cost for this initial testing impact of the proposed requirements future discounted costs (6 percent) to for 1,000 to 1,100 bottled water products under the previous Executive Order small businesses would be $12 million. and 500 nonmunicipal sources would 12291. In that analysis, the agency In addition, as mentioned above (see be approximately $2 million as stated stated that the benefits of the proposed response to comment 6 of this above. This is the minimum expected rule are expected to be zero because document, supra), 1990 and 1993 data cost since additional testing (at less none of the 23 chemicals found in from a nonprofit private organization frequent intervals) still would be currently marketed bottled water are that offers testing services for the bottled required after the initial testing. No expected to be above the levels of the water industry suggest that bottled reformulation costs are expected proposed standard. FDA also stated that water frequently may not be expected to because none of the 23 contaminants are the costs of this regulation will only be contain detectable levels of the types of found in bottled water above the levels for testing of these chemicals according nonnaturally occurring contaminants of the proposed standard. to the CGMP regulations for bottled regulated under the bottled water water. A single test can be used to quality standard (e.g., pesticides and B. Benefits simultaneously analyze a number of SOC’s), and that the instances where In the Economic Impact Analysis of chemicals and can cost up to $3,000 per such chemicals may be detected are the proposed rule FDA determined that, sample. To the extent that the tests relatively few in number. The data also because none of the 23 contaminants are currently being performed can be used show that the levels of such expected to be found in bottled water to test for any of the 23 chemicals, there contaminants, when found, are well above the levels of the standards, would be no additional costs imposed below the allowable levels. FDA has benefits of the proposed rule were by this rule. also received data that suggest that some expected to be zero. However, this rule As mentioned above, in response to types of contaminants, e.g., IOC’s, are ensures that, should current conditions that analysis the agency received two frequently not found in bottled water change, such as new sources of water or comments, one from a trade association and, when found in bottled water, do new manufacturing practices, the level representing bottled water not exceed the allowable levels and are of these contaminants will remain low. manufacturers and one from a nonprofit usually found at levels well below the Although the health benefits of this private organization. One of the allowable levels. For these reasons, the regulation are expected to be small, comments stated that, under the comment suggested that FDA provide regulation similar to that for municipal proposal, 14 contaminants may be waivers similar to those provided by water may improve consumer analyzed using methods that can EPA that would allow less frequent perceptions of the risk associated with simultaneously test for a number of monitoring of contaminants not likely to bottled water, particularly relative to currently regulated chemicals, and that be found in bottled water. Although this municipal water. no additional testing cost would be suggestion warrants consideration by VI. Reference required. However, the other nine of the agency, any revision of the these chemicals would require monitoring requirements for chemical The following reference has been additional testing, which would contaminants in bottled water would place on display in the Dockets increase costs for each bottled water require amending the bottled water Management Branch (HFA–305), Food product by $1,290 per sample, and by CGMP regulations. An amendment of and Drug Administration, 12420 another $1,290 for each nonmunicipal CGMP regulations is beyond the scope Parklawn Dr., rm. 1–23, Rockville, MD source. In the United States there are of this rulemaking. 20875, and may be seen by interested 1,000 to 1,100 bottled water products As mentioned earlier, FDA intends to persons between 9 a.m. and 4 p.m., that under the proposed requirements initiate rulemaking to address the issue Monday through Friday. would require additional testing (Ref. 1). of reduced frequency monitoring for 1. Memorandum of telephone conversation The incremental annual costs to bottlers chemicals that are unlikely to be present to Tyrone Wilson of the International Bottled would then range between $1.29 to in bottled water. However, the agency’s Water Association (IBWA), from Christinia $1.419 million for additional testing of ability to undertake such rulemaking Ford, (FDA), September 7, 1995. the finished bottled water products (i.e., expeditiously will depend on the List of Subjects in 21 CFR Part 165 $1,290×1,000 to 1,100 bottled water availability of agency resources and products). The number of nonmunicipal other competing priorities, particularly Beverages, Bottled water, Food grades sources affected is not known, but for those that pose significant public and standards, Incorporation by assuming that, on average, 50 percent of health concerns. Therefore, as explained reference. the total bottled water products are from above, FDA decided to finalize the Therefore, under the Federal Food, nonmunicipal sources, the cost of the allowable levels for the nine Drug, and Cosmetic Act and under additional testing would be $1,290 × contaminants that cannot be analyzed authority delegated to the Commissioner 500 nonmunicipal sources or $645,000 with currently used methods but to stay of Food and Drugs, 21 CFR part 165 is annually. The total annual costs of the effective date for these allowable amended as follows: additional testing would be levels until it undertakes a rulemaking PART 165ÐBEVERAGES approximately $2 million. on reduced frequency monitoring for According to a trade association chemical contaminants in bottled water. 1. The authority citation for 21 CFR comment, approximately 140 of their Thus, while stayed, this rule results in part 165 continues to read as follows: member bottlers are considered small or no additional testing costs for these nine Authority: Secs. 201, 401, 403, 403A, 409, have sales that are below $1 million. contaminants. 410, 701, 721 of the Federal Food, Drug, and These 140 small bottlers represent To assess the minimum expected cost Cosmetic Act (21 U.S.C. 321, 341, 343, 343A, approximately half of the small bottlers of this rule if the monitoring frequency 348, 349, 371, 379e). 13264 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

2. Section 165.110 is amended in the (b)(4)(iii)(C), and (b)(4)(iii)(D), and by § 165.110 Bottled water. table in paragraph (b)(4)(i)(A) by revising paragraphs (b)(4)(iii)(E), * * * * * removing the entries for ‘‘Sulfate’’ and (b)(4)(iii)(F), and (b)(4)(iii)(G) to read as (b) * * * ‘‘Endrin * * *’’, by alphabetically follows: (4) * * * adding new entries in the tables in (iii) * * * paragraphs (b)(4)(iii)(A), (b)(4)(iii)(B), (A) * * *

Concentration in Contaminant milligrams per liter (or as specified)

Antimony 1 ...... 006

******* Beryllium 1 ...... 0.004

******* Cyanide 1 ...... 0.2

******* Nickel 1 ...... 0.1

******* Thallium 1 ...... 0.002

******* 1 Stayed until further notice. See § 165.110(b)(4)(iii) (G)(3)(iv).

(B) * * *

Concentration in Contaminant (CAS Reg. No.) milligrams per liter

******* Dichloromethane (75±09±2) ...... 0.005

******* 1,2,4±Trichlorobenzene (120±82±1) ...... 0.07

******* 1,1,2±Trichloroethane (79±00±5) ...... 0.005

*******

Concentra- tion in milli- Contaminant (CAS Reg. No.) grams per liter

******* Benzo(a)pyrene (50±32±8) ...... 0.0002

******* Dalapon (75±99±0) ...... 0.2

*******

******* Di(2-ethylhexyl)adipate (103±23±1) ...... 0.4 Dinoseb (88±85±7) ...... 0.007 Diquat (85±00±7)1 ...... 0.02 Endothall (145±73±3) 1 ...... 0.1 Endrin (72±20±8) ...... 0.002

******* Glyphosate (1071±53±6) 1 ...... 0.7

******* Hexachlorobenzene (118±74±4) ...... 0.001 Hexachlorocyclopentadiene (77±47±4) ...... 0.05 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13265

Concentra- tion in milli- Contaminant (CAS Reg. No.) grams per liter

******* Oxamyl (23135±22±0) ...... 0.2

******* Picloram (1918±02±1) ...... 0.5 Simazine (122±34±9) ...... 0.004 2,3,7,8-TCDD (Dioxin) (1746±01±6) 1 ...... 3×10¥8

******* 1 Stayed until further notice. See § 165.110(b)(4)(iii) (G)(3)(iv).

(D) * * *

Concentra- tion in milli- Contaminant grams per liter

******* Sulfate 1 ...... 250.0 1 Mineral water is exempt from allowable level. The exemptions are aesthetically based allowable levels and do not relate to a health concern.

(E) Analyses to determine compliance Inductively Coupled Plasma-Mass contained in the Annual Book of ASTM with the requirements of paragraph Spectrometry,’’ Rev. 4.4, April 1991, Standards, vols. 11.01 and 11.02, 1995, (b)(4)(iii)(A) of this section shall be U.S. EPA, EMSL. The revision is American Society for Testing and conducted in accordance with an contained in the manual entitled Materials, 100 Barr Harbor Dr., West applicable method and applicable ‘‘Methods for the Determination of Conshohocken, PA 19428, which is revisions to the methods listed in Metals in Environmental Samples,’’ incorporated by reference in accordance paragraphs (b)(4)(iii)(E)(1) through Office of Research and Development, with 5 U.S.C. 552(a) and 1 CFR part 51. (b)(4)(iii)(E)(13) of this section and Washington, DC 20460, (EPA/600/4–91/ Copies of this publication are available described, unless otherwise noted, in 010), June 1991, which is incorporated from American Society for Testing and ‘‘Methods for Chemical Analysis of by reference in accordance with 5 U.S.C. Materials, 100 Barr Harbor Dr., West Water and Wastes,’’ U.S. EPA 552(a) and 1 CFR part 51. Copies of this Conshohocken, PA 19428, or may be Environmental Monitoring and Support publication are available from the examined at the Center for Food Safety Laboratory (EMSL), Cincinnati, OH National Technical Information Service, and Applied Nutrition’s Library, Food 45258 (EPA–600/4–79–020), March U.S. Department of Commerce, 5825 and Drug Administration, 200 C Street 1983, which is incorporated by Port Royal Rd., Springfield, VA 22161, SW., Washington, DC 20204, or at the reference in accordance with 5 U.S.C. or may be examined at the Center for Office of the Federal Register, 800 North 552(a) and 1 CFR part 51. Copies of this Food Safety and Applied Nutrition’s Capitol Street NW., suite 700, publication are available from the Library, Food and Drug Administration, Washington, DC. National Technical Information Service 200 C Street SW., Washington, DC (2) Barium shall be measured using (NTIS), U.S. Department of Commerce, 20204, or at the Office of the Federal the following methods: 5825 Port Royal Rd., Springfield, VA Register, 800 North Capitol Street NW., (i) Method 208.2—‘‘Atomic 22161, or may be examined at the suite 700, Washington, DC. Absorption; furnace technique,’’ which Center for Food Safety and Applied (iii) Method 200.9—‘‘Determination of is incorporated by reference in Nutrition’s Library, Food and Drug Trace Elements by Stabilized accordance with 5 U.S.C. 552(a) and 1 Administration, 200 C Street SW., Temperature Graphite Furnace Atomic CFR part 51, or Washington, DC 20204, or at the Office Absorption Spectrometry,’’ Rev. 1.2, (ii) Method 208.1—‘‘Atomic of the Federal Register, 800 North April 1991, U.S. EPA, EMSL. The Absorption; direct aspiration,’’ which is Capitol Street NW., suite 700, revision is contained in the manual incorporated by reference in accordance Washington, DC. entitled ‘‘Methods for the Determination with 5 U.S.C. 552(a) and 1 CFR part 51. (1) Antimony shall be measured using of Metals in Environmental Samples,’’ The availability of this incorporation by the following methods: Office of Research and Development, reference is given in paragraph (i) Method 204.2—‘‘Atomic Washington, DC 20460, (EPA/600/4–91/ (b)(4)(iii)(E) of this section. Absorption; furnace technique,’’ which 010), June 1991, which is incorporated (iii) Method 200.7—‘‘Determination of is incorporated by reference in by reference in accordance with 5 U.S.C. Metals and Trace Elements in Water and accordance with 5 U.S.C. 552(a) and 1 552(a) and 1 CFR part 51. The Wastes by Inductively Coupled Plasma- CFR part 51. The availability of this availability of this incorporation by Atomic Emission Spectrometry,’’ Rev. incorporation by reference is given in reference is given in paragraph 3.3, April 1991, U.S. EPA, EMSL. The paragraph (b)(4)(iii)(E) of this section. (b)(4)(iii)(E)(1)(ii) of this section. revision is contained in the manual (ii) Method 200.8—‘‘Determination of (iv) Method D–3697–92—‘‘Standard entitled ‘‘Methods for the Determination Trace Elements in Water and Wastes by Test Method for Antimony in Water,’’ of Metals in Environmental Samples,’’ 13266 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

Office of Research and Development, is incorporated by reference in Office of Research and Development, Washington, DC 20460, (EPA/600/4–91/ accordance with 5 U.S.C. 552(a) and 1 Washington, DC 20460, (EPA/600/4–91/ 010), June 1991, which is incorporated CFR part 51. The availability of this 010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. incorporation by reference is given in by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The paragraph (b)(4)(iii)(E) of this section. 552(a) and 1 CFR part 51. The availability of this incorporation by (ii) Method 200.7—‘‘Determination of availability of this incorporation by reference is given in paragraph Metals and Trace Elements in Water and reference is given in paragraph (b)(4)(iii)(E)(1)(ii) of this section. Wastes by Inductively Coupled Plasma- (b)(4)(iii)(E)(1)(ii) of this section. (3) Beryllium shall be measured using Atomic Emission Spectrometry,’’ Rev. (iv) Method 200.8—‘‘Determination of the following methods: 3.3, April 1991, U.S. EPA, EMSL. The Trace Elements in Water and Wastes by (i) Method 210.2—‘‘Atomic revision is contained in the manual Inductively Coupled Plasma-Mass Absorption; Furnace Technique,’’ which entitled ‘‘Methods for the Determination Spectrometry,’’ Rev. 4.4, April 1991, is incorporated by reference in of Metals in Environmental Samples,’’ U.S. EPA, EMSL. The revision is accordance with 5 U.S.C. 552(a) and 1 Office of Research and Development, contained in the manual entitled CFR part 51. The availability of this Washington, DC 20460, (EPA/600/4–91/ ‘‘Methods for the Determination of incorporation by reference is given in 010), June 1991, which is incorporated Metals in Environmental Samples,’’ paragraph (b)(4)(iii)(E) of this section. by reference in accordance with 5 U.S.C. Office of Research and Development, (ii) Method 200.7—‘‘Determination of 552(a) and 1 CFR part 51. The Washington, DC 20460, (EPA/600/4–91/ Metals and Trace Elements in Water and availability of this incorporation by 010), June 1991, which is incorporated Wastes by Inductively Coupled Plasma- reference is given in paragraph by reference in accordance with 5 U.S.C. Atomic Emission Spectrometry,’’ Rev. (b)(4)(iii)(E)(1)(ii) of this section. 552(a) and 1 CFR part 51. The 3.3, April 1991, U.S. EPA, EMSL. The (5) Chromium shall be measured availability of this incorporation by revision is contained in the manual using the following methods: reference is given in paragraph entitled ‘‘Methods for the Determination (1) Method 218.2—‘‘Atomic (b)(4)(iii)(E)(1)(ii) of this section. of Metals in Environmental Samples,’’ Absorption; furnace technique,’’ which (v) Method 200.9—‘‘Determination of Office of Research and Development, is incorporated by reference in Trace Elements by Stabilized Washington, DC 20460, (EPA/600/4–91/ accordance with 5 U.S.C. 552(a) and 1 Temperature Graphite Furnace Atomic 010), June 1991, which is incorporated CFR part 51. The availability of this Absorption Spectrometry,’’ Rev. 1.2, by reference in accordance with 5 U.S.C. incorporation by reference is given in April 1991, U.S. EPA, EMSL. The 552(a) and 1 CFR part 51. The paragraph (b)(4)(iii)(E) of this section. revision is contained in the manual availability of this incorporation by (2) Method 200.7—‘‘Determination of entitled ‘‘Methods for the Determination reference is given in paragraph Metals and Trace Elements in Water and of Metals in Environmental Samples,’’ (b)(4)(iii)(E)(1)(ii) of this section. Wastes by Inductively Coupled Plasma- Office of Research and Development, (iii) Method 200.8—‘‘Determination of Atomic Emission Spectrometry,’’ Rev. Washington, DC 20460, (EPA/600/4–91/ Trace Elements in Water and Wastes by 3.3, April 1991, U.S. EPA, EMSL. The 010), June 1991, which is incorporated Inductively Coupled Plasma-Mass revision is contained in the manual by reference in accordance with 5 U.S.C. Spectrometry,’’ Rev. 4.4, April 1991, entitled ‘‘Methods for the Determination 552(a) and 1 CFR part 51. The U.S. EPA, EMSL. The revision is of Metals in Environmental Samples,’’ availability of this incorporation by contained in the manual entitled Office of Research and Development, reference is given in paragraph ‘‘Methods for the Determination of Washington, DC 20460, (EPA/600/4–91/ (b)(4)(iii)(E)(1)(ii) of this section. Metals in Environmental Samples,’’ 010), June 1991, which is incorporated (7) Cyanide shall be measured using Office of Research and Development, by reference in accordance with 5 U.S.C. the following methods: Washington, DC 20460, (EPA/600/4–91/ 552(a) and 1 CFR part 51. The (i) Method 335.1—‘‘Titrimetric; 010), June 1991, which is incorporated availability of this incorporation by Spectrophotometric’’ which is by reference in accordance with 5 U.S.C. reference is given in paragraph incorporated by reference in accordance 552(a) and 1 CFR part 51. The (b)(4)(iii)(E)(1)(ii) of this section. with 5 U.S.C. 552(a) and 1 CFR part 51, availability of this incorporation by (6) Copper shall be measured as total or reference is given in paragraph recoverable metal without filtration (ii) Method 335.2—‘‘Titrimetric; (b)(4)(iii)(E)(1)(ii) of this section. using the following methods: Spectrophotometric’’ which is (iv) Method 200.9—‘‘Determination of (i) Method 220.2—‘‘Atomic incorporated by reference in accordance Trace Elements by Stabilized Absorption; furnace technique,’’ which with 5 U.S.C. 552(a) and 1 CFR part 51, Temperature Graphite Furnace Atomic is incorporated by reference in or Absorption Spectrometry,’’ Rev. 1.2, accordance with 5 U.S.C. 552(a) and 1 (iii) Method 335.3—‘‘Colorimetric, April 1991, U.S. EPA, EMSL. The CFR part 51, or Automated UV,’’ which is incorporated revision is contained in the manual (ii) Method 220.1—‘‘Atomic by reference in accordance with 5 U.S.C. entitled ‘‘Methods for the Determination Absorption; direct aspiration,’’ which is 552(a) and 1 CFR part 51. The of Metals in Environmental Samples,’’ incorporated by reference in accordance availability of these incorporation by Office of Research and Development, with 5 U.S.C. 552(a) and 1 CFR part 51. reference is given in paragraph Washington, DC 20460, (EPA/600/4–91/ The availability of these incorporation (b)(4)(iii)(E) of this section. 010), June 1991, which is incorporated by reference is given in paragraph (iv) Method D–2036–91—‘‘Standard by reference in accordance with 5 U.S.C. (b)(4)(iii)(E) of this section. Test Methods for Cyanides in Water,’’ 552(a) and 1 CFR part 51. The (iii) Method 200.7—‘‘Determination of contained in the Annual Book of ASTM availability of this incorporation by Metals and Trace Elements in Water and Standards, vols. 11.01 and 11.02, 1995, reference is given in paragraph Wastes by Inductively Coupled Plasma- American Society for Testing and (b)(4)(iii)(E)(1)(ii) of this section. Atomic Emission Spectrometry,’’ Rev. Materials, 100 Barr Harbor Dr., West (4) Cadmium shall be measured using 3.3, April 1991, U.S. EPA, EMSL. The Conshohocken, PA 19428, which is the following methods: revision is contained in the manual incorporated by reference in accordance (i) Method 213.2—‘‘Atomic entitled ‘‘Methods for the Determination with 5 U.S.C. 552(a) and 1 CFR part 51. Absorption; Furnace Technique,’’ which of Metals in Environmental Samples,’’ Copies of this publication are available Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13267 from American Society for Testing and with 5 U.S.C. 552(a) and 1 CFR part 51, or may be examined at the Center for Materials, 100 Barr Harbor Dr., West or Food Safety and Applied Nutrition’s Conshohocken, PA 19428, or may be (ii) Method 249.2—‘‘Atomic Library, Food and Drug Administration, examined at the Center for Food Safety Absorption; furnace technique,’’ which 200 C Street SW., Washington, DC and Applied Nutrition’s Library, 200 C is incorporated by reference in 20204, or at the Office of the Federal Street SW., Washington, DC 20204, or at accordance with 5 U.S.C. 552(a) and 1 Register, 800 North Capitol Street NW., the Office of the Federal Register, 800 CFR part 51. The availability of these suite 700, Washington, DC. North Capitol Street NW., suite 700, incorporation by reference is given in (ii) Method 353.1—‘‘Colorimetric, Washington, DC. paragraph (b)(4)(iii)(E) of this section. automated, hydrazine reduction,’’ for (8) Lead shall be measured as total (iii) Method 200.7—‘‘Determination of nitrate only, which is incorporated by recoverable metal without filtration Metals and Trace Elements in Water and reference in accordance with 5 U.S.C. using the following methods: Wastes by Inductively Coupled Plasma- 552(a) and 1 CFR part 51, or (i) Method 239.2—‘‘Atomic Atomic Emission Spectrometry,’’ Rev. (iii) Method 353.2—‘‘Colorimetric, Absorption; furnace technique,’’ which 3.3, April 1991, U.S. EPA, EMSL. The automated, cadmium reduction,’’ for is incorporated by reference in revision is contained in the manual both nitrate and nitrite, which is accordance with 5 U.S.C. 552(a) and 1 entitled ‘‘Methods for the Determination incorporated by reference in accordance CFR part 51. The availability of this of Metals in Environmental Samples,’’ with 5 U.S.C. 552(a) and 1 CFR part 51, incorporation by reference is given in Office of Research and Development, or paragraph (b)(4)(iii)(E) of this section. Washington, DC 20460, (EPA/600/4–91/ (iv) Method 353.3— (ii) Method 200.8—‘‘Determination of 010), June 1991, which is incorporated ‘‘Spectrophotometric, cadmium Trace Elements in Water and Wastes by by reference in accordance with 5 U.S.C. reduction,’’ for both nitrate and nitrite, Inductively Coupled Plasma-Mass 552(a) and 1 CFR part 51. The which is incorporated by reference in Spectrometry,’’ Rev. 4.4, April 1991, availability of this incorporation by accordance with 5 U.S.C. 552(a) and 1 U.S. EPA, EMSL. The revision is reference is given in paragraph CFR part 51, or contained in the manual entitled (b)(4)(iii)(E)(1)(ii) of this section. (12) Selenium shall be measured ‘‘Methods for the Determination of (iv) Method 200.8—‘‘Determination of using the following methods: Metals in Environmental Samples,’’ Trace Elements in Water and Wastes by (i) Method 270.2—‘‘Atomic Office of Research and Development, Inductively Coupled Plasma-Mass Absorption; furnace technique,’’ which Washington, DC 20460, (EPA/600/4–91/ Spectrometry,’’ Rev. 4.4, April 1991, is incorporated by reference in 010), June 1991, which is incorporated U.S. EPA, EMSL. The revision is accordance with 5 U.S.C. 552(a) and 1 by reference in accordance with 5 U.S.C. contained in the manual entitled CFR part 51, or 552(a) and 1 CFR part 51. The ‘‘Methods for the Determination of (ii) Method 270.3—‘‘Atomic availability of this incorporation by Metals in Environmental Samples,’’ Absorption; gaseous hydride,’’ which is reference is given in paragraph Office of Research and Development, incorporated by reference in accordance (b)(4)(iii)(E)(1)(ii) of this section. Washington, DC 20460, (EPA/600/4–91/ with 5 U.S.C. 552(a) and 1 CFR part 51. (iii) Method 200.9—‘‘Determination of 010), June 1991, which is incorporated The availability of this incorporation by Trace Elements by Stabilized by reference in accordance with 5 U.S.C. reference is given in paragraph Temperature Graphite Furnace Atomic 552(a) and 1 CFR part 51. The (b)(4)(iii)(E) of this section. Absorption Spectrometry,’’ Rev. 1.2, availability of this incorporation by (13) Thallium shall be measured using April 1991, U.S. EPA, EMSL. The reference is given in paragraph the following methods: revision is contained in the manual (b)(4)(iii)(E)(1)(ii) of this section. (i) Method 279.2—‘‘Atomic entitled ‘‘Methods for the Determination (v) Method 200.9—‘‘Determination of Absorption; furnace technique,’’ which of Metals in Environmental Samples,’’ Trace Elements by Stabilized is incorporated by reference in Office of Research and Development, Temperature Graphite Furnace Atomic accordance with 5 U.S.C. 552(a) and 1 Washington, DC 20460, (EPA/600/4–91/ Absorption Spectrometry,’’ Rev. 1.2, CFR part 51. The availability of this 010), June 1991, which is incorporated April 1991, U.S. EPA, EMSL. The incorporation by reference is given in by reference in accordance with 5 U.S.C. revision is contained in the manual paragraph (b)(4)(iii)(E) of this section. 552(a) and 1 CFR part 51. The entitled ‘‘Methods for the Determination (ii) Method 200.8—‘‘Determination of availability of this incorporation by of Metals in Environmental Samples,’’ Trace Elements in Water and Wastes by reference is given in paragraph Office of Research and Development, Inductively Coupled Plasma-Mass (b)(4)(iii)(E)(1)(ii) of this section. Washington, DC 20460, (EPA/600/4–91/ Spectrometry,’’ Rev. 4.4, April 1991, (9) Mercury shall be measured using 010), June 1991, which is incorporated U.S. EPA, EMSL. The revision is the following methods: by reference in accordance with 5 U.S.C. contained in the manual entitled (i) Method 245.1—‘‘Manual cold 552(a) and 1 CFR part 51. The ‘‘Methods for the Determination of vapor technique,’’ which is incorporated availability of this incorporation by Metals in Environmental Samples,’’ by reference in accordance with 5 U.S.C. reference is given in paragraph Office of Research and Development, 552(a) and 1 CFR part 51, or (b)(4)(iii)(E)(1)(ii) of this section. Washington, DC 20460, (EPA/600/4–91/ (ii) Method 245.2—‘‘Automated cold (11) Nitrate and/or nitrite shall be 010), June 1991, which is incorporated vapor technique,’’ which is incorporated measured using the following methods: by reference in accordance with 5 U.S.C. by reference in accordance with 5 U.S.C. (i) Method 300.0—‘‘The 552(a) and 1 CFR part 51. The 552(a) and 1 CFR part 51. The Determination of Inorganic Anions in availability of this incorporation by availability of these incorporation by Water by Ion Chromatography—Method reference is given in paragraph reference is given in paragraph 300.0,’’ EPA, EMSL (EPA–600/4–84– (b)(4)(iii)(E)(1)(ii) of this section. (b)(4)(iii)(E) of this section. 017), March 1984, which is incorporated (iii) Method 200.9—‘‘Determination of (10) Nickel shall be measured using by reference in accordance with 5 U.S.C. Trace Elements by Stabilized the following methods: 552(a) and 1 CFR part 51. Copies of this Temperature Graphite Furnace Atomic (i) Method 249.1—‘‘Atomic publication are available from NTIS, Absorption Spectrometry,’’ Rev. 1.2, Absorption; direct aspiration,’’ which is U.S. Department of Commerce, 5825 April 1991, U.S. EPA, EMSL. The incorporated by reference in accordance Port Royal Rd., Springfield, VA 22161, revision is contained in the manual 13268 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations entitled ‘‘Methods for the Determination Chromatography/Mass Spectrometry,’’ (11) Method 508A—‘‘Screening for of Metals in Environmental Samples,’’ Rev. 3.0, 1989, (applicable to VOC’s), Polychlorinated Biphenyls by Office of Research and Development, which is incorporated by reference in Perchlorination and Gas Washington, DC 20460, (EPA/600/4–91/ accordance with 5 U.S.C. 552(a) and 1 Chromatography,’’ Rev. 1.0, 1989, (used 010), June 1991, which is incorporated CFR part 51, or to quantitate PCB’s as by reference in accordance with 5 U.S.C. (5) Method 524.2—‘‘Measurement of decachlorobiphenyl if detected in 552(a) and 1 CFR part 51. The Purgeable Organic Compounds in Water methods 505 or 508 in paragraph availability of this incorporation by by Capillary Column Gas (b)(4)(iii)(F)(7) or (b)(4)(iii)(F)(9) of this reference is given in paragraph Chromatography/Mass Spectrometry,’’ section, respectively, which is (b)(4)(iii)(E)(1)(ii) of this section. Rev. 3.0, 1989, (applicable to VOC’s), incorporated by reference in accordance (F) Analyses to determine compliance which is incorporated by reference in with 5 U.S.C. 552(a) and 1 CFR part 51, with the requirements of paragraphs accordance with 5 U.S.C. 552(a) and 1 or (b)(4)(iii)(B) and (b)(4)(iii)(C) of this CFR part 51, or (12) Method 515.1—‘‘Determination section shall be conducted in (6) Method 504—‘‘1,2–Dibromoethane of Chlorinated Acids in Water by Gas accordance with an applicable method (EDB) and 1,2–Dibromo-3- Chromatography with an Electron or applicable revisions to the methods Chloropropane (DBCP) in Water by Capture Detector,’’ Rev. 5.0, 1991, listed in paragraphs (b)(4)(iii)(F)(1) Microextraction and Gas (applicable to 2,4–D, 2,4,5–TP (Silvex), through (b)(4)(iii)(F)(20) of this section Chromatography,’’ Rev. 2.0, 1989, pentachlorophenol, dalapon, dinoseb, and described, unless otherwise noted, (applicable to dibromochloropropane and picloram), which is incorporated by in ‘‘Methods for the Determination of (DBCP) and ethylene dibromide (EDB)), reference in accordance with 5 U.S.C. Organic Compounds in Drinking which is incorporated by reference in 552(a) and 1 CFR part 51, or Water,’’ Office of Research and accordance with 5 U.S.C. 552(a) and 1 (13) Method 525.1—‘‘Determination Development, EMSL, EPA/600/4–88/ CFR part 51, or of Organic Compounds in Drinking Water by Liquid-Solid Extraction and 039, December 1988, or in ‘‘Methods for (7) Method 505—‘‘Analysis of Capillary Column Gas Chromatography/ the Determination of Organic Organohalide Pesticides and Mass Spectrometry,’’ Rev. 2.2, May Compounds in Drinking Water, Commercial Polychlorinated Biphenyl 1991, (applicable to alachlor, atrazine, Supplement 1,’’ Office of Research and (PCB) Products in Water by chlordane, heptachlor, heptachlor Development, EMSL, EPA/600/4–90/ Microextraction and Gas 020, July 1990, which are incorporated epoxide, lindane, methoxychlor, Chromatography,’’ Rev. 2.0, 1989, by reference in accordance with 5 U.S.C. pentachlorophenol, benzo(a)pyrene, (applicable to alachlor, atrazine, 552(a) and 1 CFR part 51. Copies of di(2-ethylhexyl) adipate, endrin, chlordane, heptachlor, heptachlor these publications are available from hexachlorobenzene, epoxide, lindane, methoxychlor, NTIS, U.S. Department of Commerce, hexachlorocyclopentadiene, and toxaphene, endrin, hexachlorobenzene, 5285 Port Royal Rd., Springfield, VA simazine), which is incorporated by hexachlorocyclopentadiene, simazine, 22161, or may be examined at the reference in accordance with 5 U.S.C. and as a screen for PCB’s), which is Center for Food Safety and Applied 552(a) and 1 CFR part 51, or incorporated by reference in accordance Nutrition’s Library, Food and Drug (14) Method 531.1—‘‘Measurement of with 5 U.S.C. 552(a) and 1 CFR part 51, Administration, 200 C St. SW., N-Methylcarbamoyloximes and N- Washington, DC, or at the Office of the or Methylcarbamates in Water by Direct Federal Register, 800 North Capitol St. (8) Method 506—‘‘Determination of Aqueous Injection HPLC with Post NW., suite 700, Washington, DC. Phthalate and Adipate Esters in Column Derivatization,’’ Rev. 3.0, 1989, (1) Method 502.1—‘‘Volatile Drinking Water by Liquid-Liquid (applicable to carbofuran and oxamyl Halogenated Organic Compounds in Extraction or Liquid-Solid Extraction (vydate)), which is incorporated by Water by Purge and Trap Gas and Gas Chromatography with reference in accordance with 5 U.S.C. Chromatography,’’ Rev. 2.0, 1989, Photoionization Detection,’’ applicable 552(a) and 1 CFR part 51, or (applicable to VOC’s), which is to di(2-ethylhexyl) adipate which is (15) Method 547—‘‘Determination of incorporated by reference in accordance incorporated by reference in accordance Glyphosate in Drinking Water by Direct- with 5 U.S.C. 552(a) and 1 CFR part 51, with 5 U.S.C. 552(a) and 1 CFR part 51, Aqueous-Injection HPLC, Post-Column or or Derivatization, and Fluorescence (2) Method 502.2—‘‘Volatile Organic (9) Method 507—‘‘Determination of Detection,’’ (applicable to glyphosate), Compounds in Water by Purge and Trap Nitrogen- and Phosphorus-Containing which is incorporated by reference in Capillary Column Gas Chromatography Pesticides in Water by Gas accordance with 5 U.S.C. 552(a) and 1 with Photoionization and Electrolytic Chromatography with a Nitrogen- CFR part 51, or Conductivity Detectors in Series,’’ Rev. Phosphorus Detector,’’ Rev. 2.0, 1989, (16) Method 548—‘‘Determination of 2.0, 1989, (applicable to VOC’s), which (applicable to alachlor, atrazine, and Endothall in Drinking Water by is incorporated by reference in simazine), which is incorporated by Aqueous Derivatization, Liquid-Solid accordance with 5 U.S.C. 552(a) and 1 reference in accordance with 5 U.S.C. Extraction, and Gas Chromatography CFR part 51, or 552(a) and 1 CFR part 51, or with Electron-Capture Detection,’’ (3) Method 503.1—‘‘Volatile Aromatic (10) Method 508—‘‘Determination of (applicable to endothall), which is and Unsaturated Organic Compounds in Chlorinated Pesticides in Water by Gas incorporated by reference in accordance Water by Purge and Trap Gas Chromatography with an Electron with 5 U.S.C. 552(a) and 1 CFR part 51, Chromatography,’’ Rev. 2.0, 1989, Capture Detector,’’ Rev. 3.0, 1989, or (applicable to VOC’s), which is (applicable to chlordane, heptachlor, (17) Method 549—‘‘Determination of incorporated by reference in accordance heptachlor epoxide, lindane, Diquat and Paraquat in Drinking Water with 5 U.S.C. 552(a) and 1 CFR part 51, methoxychlor, toxaphene, endrin, by Liquid-Solid Extraction and HPLC or hexachlorobenzene, and as a screen for with Ultraviolet Detection,’’ (applicable (4) Method 524.1—‘‘Measurement of PCB’s), which is incorporated by to diquat), which is incorporated by Purgeable Organic Compounds in Water reference in accordance with 5 U.S.C. reference in accordance with 5 U.S.C. by Packed Column Gas 552(a) and 1 CFR part 51, or 552(a) and 1 CFR part 51, or Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13269

(18) Method 550—‘‘Determination of accordance with 5 U.S.C. 552(a) and 1 Emission Spectrometry,’’ Rev. 3.3, April Polycyclic Aromatic Hydrocarbons in CFR part 51. The availability of this 1991, U.S. EPA, EMSL. The revision is Drinking Water by Liquid-Liquid incorporation by reference is given in contained in the manual entitled Extraction and HPLC with Coupled paragraph (b)(4)(iii)(E). ‘‘Methods for the Determination of Ultraviolet and Fluorescence (iii) Method 200.7—‘‘Determination of Metals in Environmental Samples,’’ Detection,’’ (applicable to Trace Elements in Water and Wastes by Office of Research and Development, benzo(a)pyrene and other polynuclear Inductively Coupled Plasma-Atomic Washington, DC 20460, (EPA/600/4–91/ aromatic hydrocarbons), which is Emission Spectrometry,’’ Rev. 3.3, April 010), June 1991, which is incorporated incorporated by reference in accordance 1991, U.S. EPA, EMSL. The revision is by reference in accordance with 5 U.S.C. with 5 U.S.C. 552(a) and 1 CFR part 51, contained in the manual entitled 552(a) and 1 CFR part 51. The or ‘‘Methods for the Determination of availability of this incorporation by (19) Method 550.1—‘‘Determination Metals in Environmental Samples,’’ reference is given in paragraph of Polycyclic Aromatic Hydrocarbons in Office of Research and Development, (b)(4)(iii)(E)(1)(ii) of this section. Drinking Water by Liquid-Solid Washington, DC 20460, (EPA/600/4–91/ (iv) Method 200.8—‘‘Determination of Extraction and HPLC with Coupled 010), June 1991, which is incorporated Trace Elements in Water and Wastes by Ultraviolet and Fluorescence by reference in accordance with 5 U.S.C. Inductively Coupled Plasma-Mass Detection,’’ (applicable to 552(a) and 1 CFR part 51. The Spectrometry,’’ Rev. 4.4, April 1991, benzo(a)pyrene and other polynuclear availability of this incorporation by U.S. EPA, EMSL. The revision is aromatic hydrocarbons), which is reference is given in paragraph contained in the manual entitled incorporated by reference in accordance (b)(4)(iii)(E)(1)(ii) of this section. ‘‘Methods for the Determination of with 5 U.S.C. 552(a) and 1 CFR part 51. (iv) Method 200.8—‘‘Determination of Metals in Environmental Samples,’’ The availability of these incorporation Trace Elements in Water and Wastes by Office of Research and Development, by reference is given in paragraph Inductively Coupled Plasma-Mass Washington, DC 20460, (EPA/600/4–91/ (b)(4)(iii)(F) of this section. Spectrometry,’’ Rev. 4.4, April 1991, 010), June 1991, which is incorporated (20) Method 1613—‘‘Tetra- through U.S. EPA, EMSL. The revision is by reference in accordance with 5 U.S.C. Octa- Chlorinated Dioxins and Furans contained in the manual entitled 552(a) and 1 CFR part 51. The by Isotope Dilution HRGC/HRMS,’’ Rev. ‘‘Methods for the Determination of availability of this incorporation by A, 1990, EPA, Office of Water Metals in Environmental Samples,’’ reference is given in paragraph Regulations and Standards, Industrial Office of Research and Development, (b)(4)(iii)(E)(1)(ii) of this section. Technology Division, (applicable to Washington, DC 20460, (EPA/600/4–91/ (v) Method 200.9—‘‘Determination of 2,3,7,8–TCDD (Dioxin)), which is 010), June 1991, which is incorporated Trace Elements by Stabilized incorporated by reference in accordance by reference in accordance with 5 U.S.C. Temperature Graphite Furnace Atomic with 5 U.S.C. 552(a) and 1 CFR part 51. 552(a) and 1 CFR part 51. The Absorption Spectrometry,’’ Rev. 1.2, Copies of this publication are available availability of this incorporation by April 1991, U.S. EPA, EMSL. The from USEPA–OST, Sample Control reference is given in paragraph revision is contained in the manual Center, P.O. Box 1407, Alexandria, VA (b)(4)(iii)(E)(1)(ii) of this section. entitled ‘‘Methods for the Determination 22313, or may be examined at the (v) Method 200.9—‘‘Determination of of Metals in Environmental Samples,’’ Center for Food Safety and Applied Trace Elements by Stabilized Office of Research and Development, Nutrition’s Library, Food and Drug Temperature Graphite Furnace Atomic Washington, DC 20460, (EPA/600/4–91/ Administration, 200 C St. SW., Absorption Spectrometry,’’ Rev. 1.2, 010), June 1991, which is incorporated Washington, DC, or at the Office of the April 1991, U.S. EPA, EMSL. The by reference in accordance with 5 U.S.C. Federal Register, 800 North Capitol St. revision is contained in the manual 552(a) and 1 CFR part 51. The NW., suite 700, Washington, DC. entitled ‘‘Methods for the Determination availability of these incorporation by (G) Analyses to determine compliance of Metals in Environmental Samples,’’ reference is given in paragraph with the requirements of paragraph Office of Research and Development, (b)(4)(iii)(E)(1)(ii) of this section. (b)(4)(iii)(D) of this section shall be Washington, DC 20460, (EPA/600/4–91/ (3) Sulfate shall be measured using conducted in accordance with an 010), June 1991, which is incorporated the following methods: applicable method and applicable by reference in accordance with 5 U.S.C. (i) Method 300.0—‘‘The revisions to the methods listed in 552(a) and 1 CFR part 51. The Determination of Inorganic Anions in paragraphs (b)(4)(iii)(G)(1) through availability of this incorporation by Water by Ion Chromatography—Method (b)(4)(iii)(G)(3) of this section and reference is given in paragraph 300.0,’’ EPA, EMSL (EPA–600/4–84– described, unless otherwise noted, in (b)(4)(iii)(E)(1)(ii) of this section. 017), March 1984, which is incorporated ‘‘Methods of Chemical Analysis of (2) Silver shall be measured using the by reference in accordance with 5 U.S.C. Water and Wastes,’’ which is following methods: 552(a) and 1 CFR part 51. The incorporated by reference in accordance (i) Method 272.1—‘‘Atomic availability of this incorporation by with 5 U.S.C. 552(a) and 1 CFR part 51. Absorption; direct aspiration reference is given in paragraph The availability of this incorporation by technique,’’ which is incorporated by (b)(4)(iii)(E)(11)(i) of this section. reference is given in paragraph reference in accordance with 5 U.S.C. (ii) Method 375.1—‘‘Colorimetric, (b)(4)(iii)(E) of this section. 552(a) and 1 CFR part 51, or Automated, Chloranilate,’’ which is (1) Aluminum shall be measured (ii) Method 272.2—‘‘Atomic incorporated by reference in accordance using the following methods: Absorption; furnace technique,’’ which with 5 U.S.C. 552(a) and 1 CFR part 51, (i) Method 202.1—‘‘Atomic is incorporated by reference in or Absorption; direct aspiration accordance with 5 U.S.C. 552(a) and 1 (iii) Method 375.3—‘‘Gravimetric,’’ technique,’’ which is incorporated by CFR part 51. The availability of this which is incorporated by reference in reference in accordance with 5 U.S.C. incorporation by reference is given in accordance with 5 U.S.C. 552(a) and 1 552(a) and 1 CFR part 51, or paragraph (b)(4)(iii)(E) of this section. CFR part 51, or (ii) Method 202.2—‘‘Atomic (iii) Method 200.7—‘‘Determination of (iv) Method 375.4—‘‘Turbidimetric,’’ Absorption; furnace technique,’’ which Trace Elements in Water and Wastes by which is incorporated by reference in is incorporated by reference in Inductively Coupled Plasma-Atomic accordance with 5 U.S.C. 552(a) and 1 13270 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

CFR part 51. The availability of these incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section. [Note: the allowable levels in § 165.110 for the chemicals antimony, beryllium, cyanide, nickel, thallium, diquat, endothall, glyphosate, and dioxin are stayed until further notice.] * * * * * * Dated: March 18, 1996. William K. Hubbard, Associate Commissioner for Policy Coordination. [FR Doc. 96–6940 Filed 3–25–96; 8:45 am] BILLING CODE 4160±01±P federal register March 26,1996 Tuesday Procedures; FinalRule Public HousingLeaseandGrievance 24 CFRParts10and966 Office oftheSecretary Development Housing andUrban Department of Part IV 13271 13272 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND must first make a determination that and Urban Development * * *. This will URBAN DEVELOPMENT local law requires a pre-eviction court provide support to the Housing Authorit[ies] hearing that provides the basic elements in [their] efforts to expeditiously evict Office of the Secretary of due process. persons engaged in criminal activities. In HUD’s view, the issuance of a due The other two commenters were 24 CFR Parts 10 and 966 process determination is not a rule, and opposed to the proposed amendment to [Docket No. FR±3819±F±02] is therefore not subject to 24 CFR part part 966 which would permit certain 10’s notice and comment rulemaking PHAs to evict through administrative RIN 2501±AB92 requirements. However, in its decision action. Both commenters believed that in Yesler Terrace Community Council v. Public Housing Lease and Grievance the proposed rule, by authorizing non- Cisneros, the Ninth Circuit held that the Procedures judicial evictions, would eliminate vital due process determination for the State protections of the tenant’s rights. For AGENCY: Office of the Secretary, HUD. of Washington was a rule to which part example, the commenters worried about ACTION: Final rule. 10 applied. The Yesler decision has the lack of a legally trained, impartial, meant that Public Housing Agencies presiding officer at administrative SUMMARY: On May 22, 1995 (60 FR (PHAs) in the States comprising the hearings. The commenters were also 27058), HUD published a rule for public Ninth Circuit cannot rely on the HUD concerned about the lack of subpoena comment proposing to amend its due process determinations issued for power in administrative eviction regulations governing public notice and those States. Even for jurisdictions actions. comment requirements and public outside the Ninth Circuit, the decision HUD, while recognizing that there are housing lease and grievance procedures. in the Yesler case will inevitably lead to substantive differences between This rule finalizes the policies set forth dispute and litigation concerning the administrative and judicial proceedings, in the May 22, 1995 proposed rule. ability of PHAs to rely on a HUD due does not agree with the commenters. Specifically, this final rule clarifies that process determination. In order to This final rules provides adequate HUD is not required to use notice and remedy this serious situation, the May safeguards against wrongful evictions. comment rulemaking for issuance of a 22, 1995 rule proposed to amend part 10 Only PHAs located in States which due process determination. This rule to clarify that the issuance of a due authorize administrative evictions will also authorizes Public Housing Agencies process determination does not require be able to bypass judicial eviction (PHAs) to bypass judicial eviction prior public procedure. procedures. The administrative hearings procedures, if the law of the jurisdiction The May 22, 1995 rule also proposed will have to comply with Constitutional permits eviction through administrative to amend 24 CFR part 966. The due process requirements, as well as the action. Additionally, this final rule amendment would permit PHAs to evict grievance hearing procedures set forth at corrects a typographical error currently without bringing a court action if the 24 CFR part 966. Additionally, the contained in 24 CFR part 966. law of the jurisdiction permits eviction administrative determinations will be EFFECTIVE DATE: April 25, 1996. by administrative action, after a due subject to review by the State’s courts. process administrative hearing, but does FOR FURTHER INFORMATION CONTACT: not require a court determination of the C. Technical Correction of Linda Campbell, Director, Occupancy rights and liabilities of the parties. This § 966.4(l)(3)(ii) Division, Room 4206, Department of proposed amendment was designed to Paragraph (l)(3) of § 966.4 establishes Housing and Urban Development, 451 avoid the necessity for duplicative the requirements for lease termination Seventh Street SW., Washington, D.C. administrative and judicial hearings. notices to public housing tenants. 20410; Telephone numbers (202) 708– The May 22, 1995 proposed rule Paragraph (l)(3)(ii), which requires that 0744; 1–800–877–8339 (Federal described in detail the amendments to the notice inform the tenant of the right Information Relay Service TTY). (Other 24 CFR parts 10 and 966. to examine PHA documents directly than the ‘‘800’’ number, these are not relevant to the termination or eviction, toll-free numbers.) B. Discussion of Public Comments on contains a cross-reference to § 944.4(m). the May 22, 1995 Proposed Rule SUPPLEMENTARY INFORMATION: The cross-reference is incorrect, and The public comment period on the I. Background should instead refer to § 966.4(m). This proposed rule expired on July 21, 1995. final rule makes the necessary A. The May 22, 1995 Proposed Rule By close of business on that date, a total correction. of 8 comments had been received. Six On May 22, 1995 (60 FR 27058), HUD II. Other Matters published for public comment a rule of the eight commenters expressed proposing to revise HUD’s regulations at support for the May 22, 1995 proposed A. Impact on the Environment rule and urged its adoption without 24 CFR part 10, governing public notice In accordance with 40 CFR 1508.4 of change. As a result of this positive and comment requirements, and 24 CFR the regulations of the Council on public response, HUD has decided to part 966, governing public housing lease Environmental Quality and 24 CFR adopt the May 22, 1995 proposed rule and grievance procedures. 50.20(k) of the HUD regulations, the without change. A representative Under 42 U.S.C. 1437d(k), a housing policies and procedures contained in comment read: authority is generally required to this rule relate only to HUD provide a tenant with the opportunity [Our organization] strongly supports the administrative procedures and, for an administrative hearing before the proposed amendments to regulations therefore, are categorically excluded commencement of eviction proceedings governing eviction from public and Indian from the requirements of the National in the local landlord-tenant courts. The housing * * *. Granting these administrative hearings to persons engaged in serious Environmental Policy Act. statute and HUD’s implementing criminal activity slows down the eviction B. Federalism Impact regulations at 24 CFR part 966 state that process considerably, adversely affecting the for certain criminal-related evictions the quality of life in our developments for law- The General Counsel, as the housing authority may bypass the abiding families * * *. We welcome the Designated Official under section 6(a) of administrative hearing. However, HUD initiative taken by the Department of Housing Executive Order 12612, Federalism, has Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13273 determined that the policies contained List of Subjects tenant of the tenant’s right to make such in this final rule will not have reply as the tenant may wish. The notice 24 CFR Part 10 substantial direct effects on States or shall also inform the tenant of the right their political subdivisions, or the Administrative practice and (pursuant to § 966.4(m)) to examine relationship between the Federal procedure. PHA documents directly relevant to the government and the States, or on the 24 CFR Part 966 termination or eviction. * ** distribution of power and * * * * * responsibilities among the various Grant programs—housing and (4) How tenant is evicted. The PHA levels of government. community development, Public may evict the tenant from the unit housing. This final rule clarifies that HUD is either: Accordingly, 24 CFR parts 10 and 966 not required to use notice and comment (i) By bringing a court action or; are amended as follows: rulemaking procedures for issuance of a (ii) By bringing an administrative due process determination. action if law of the jurisdiction permits PART 10ÐRULEMAKING: POLICY AND eviction by administrative action, after a Furthermore, this rule permits PHAs to PROCEDURES evict without bringing a court action, if due process administrative hearing, and the law of the jurisdiction permits 1. The authority citation for part 10 is without a court determination of the eviction by administrative action and revised to read as follows: rights and liabilities of the parties. In order to evict without bringing a court does not require a court determination Authority: 42 U.S.C. 3535(d). action, the PHA must afford the tenant of the rights and liabilities of the parties. 2. Section 10.3 is amended by adding the opportunity for a pre-eviction This final rule will effect no changes in a new paragraph (c) to read as follows: hearing in accordance with the PHA the current relationships between the grievance procedure. Federal government, the States and their § 10.3 Applicability. * * * * * political subdivisions. * * * * * 5. In § 966.51, paragraph (a)(2) is (c) This part is not applicable to a C. Impact on the Family amended by redesignating paragraph determination by HUD under 24 CFR (a)(2)(ii) as paragraph (a)(2)(iv) and Part 966 (public housing) or 24 CFR Part The General Counsel, as the adding new paragraphs (a)(2)(ii) and 950 (Indian housing) that the law of a Designated Official under Executive (a)(2)(iii) to read as follows: Order 12606, The Family, has jurisdiction requires that, prior to determined that this final rule does not eviction, a tenant be given a hearing in § 966.51 Applicability. have potential for significant impact on court which provides the basic elements (a) * * * family formation, maintenance, and of due process (‘‘due process (2) * * * general well-being, and, thus, is not determination’’). (ii) The issuance of a due process subject to review under this order. No determination by HUD is not subject to PART 966ÐLEASE AND GRIEVANCE significant change in existing HUD 24 CFR part 10, and HUD is not required PROCEDURES policies or programs will result from to use notice and comment rulemaking promulgation of this final rule, as those 3. The authority citation for part 966 procedures in considering or issuing a policies and programs relate to family is revised to read as follows: due process determination. concerns. Authority: 42 U.S.C. 1437a, 1437d note, (iii) For guidance of the public, HUD and 3535(d). will publish in the Federal Register a D. Regulatory Flexibility Act notice listing the judicial eviction 4. Section 966.4 is amended by procedures for which HUD has issued a The Secretary, in accordance with the revising the first two sentences in Regulatory Flexibility Act (5 U.S.C. 605 due process determination. HUD will paragraph (l)(3)(ii) and by revising make available for public inspection (b)) has reviewed and approved this paragraph (l)(4) to read as follows: rule, and in so doing certifies that this and copying a copy of the legal analysis rule will not have a significant impact § 966.4 Lease requirements. on which the determinations are based. on a substantial number of small * * * * * * * * * * entities. This final rule merely concerns (l) * * * Dated: March 12, 1996. HUD’s public housing lease and (3) * * * Henry G. Cisneros, grievance procedures, and will not have (ii) The notice of lease termination to Secretary. any meaningful economic impact on the tenant shall state specific grounds [FR Doc. 96–7061 Filed 3–25–96; 8:45 am] any entity. for termination, and shall inform the BILLING CODE 4210±32±P federal register March 26,1996 Tuesday Determinations; Notice Procedures; HUDDueProcess Public HousingLeaseandGrievance Development Housing andUrban Department of Part V 13275 13276 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

DEPARTMENT OF HOUSING AND This notice implements 24 CFR summary procedure for possession in URBAN DEVELOPMENT 966.51(a)(2)(iii). The notice provides a county court under Fl. Stat. Ann. State-by-State listing of the due process § 51.011. [Docket No. FR±3998±N±01] determinations issued by HUD. Each Georgia Office of the Assistant Secretary for listing provides a brief description of Public and Indian Housing; Public the judicial eviction procedures Dispossessory action in courts of Housing Lease and Grievance required by local law (e.g., forcible entry record pursuant to Ga. Code Ann. § 44– Procedures; Notice of HUD Due and detainer actions) which HUD has 7–50 et seq. and dispossessory action in Process Determinations determined are consistent with the basic magistrate court pursuant to Ga. Code elements of due process as further Ann. Section 15–10–1 et seq. AGENCY: Office of the Assistant defined in 24 CFR 966.53(c). Idaho Secretary for Public and Indian Housing, HUD. II. Listing of Judicial Eviction Unlawful detainer action in district Procedures for Which HUD Has Issued ACTION: court under Idaho Code Ann. tit. 6, ch. Notice of HUD due process a Due Process Determination determinations. 3. Alabama Illinois SUMMARY: Under 42 U.S.C. 1437d(k), a housing authority is generally required Unlawful detainer action in district Forcible entry and detainer (‘‘FED’’) to provide a public housing tenant with court under Ala. Code §§ 6–6–310(2) to action in circuit court under Ill. Ann. the opportunity for an administrative –353 (1975) and a possessory action in Stat. ch. 110, para. 9–101 et seq. (Smith- hearing before commencement of district court under the Sanderson Act, Hurd 1992), including two special eviction proceedings in court. The Ala. Code §§ 35–9–80 to –88. procedures for drug eviction: (1) a statute and HUD’s implementing Alaska public housing agency FED action to evict the tenant for drug trafficking regulations at 24 CFR part 966 state that Forcible entry and detainer action in under Ill. Ann. Stat. ch. 110., para. 9– for certain criminal-related evictions the district or superior court under Alaska 118; and (2) an FED action to evict the housing authority may bypass the Stat. §§ 09.45.060 to .160. administrative hearing. However, HUD tenant under the Illinois Controlled must first make a determination that Arizona Substance and Abuse Act, Ill. Ann. Stat. local law requires a pre-eviction court Forcible entry and detainer action in ch. 100–1/2, para. 13.9 et seq. (Smith- hearing that provides the basic elements justice or superior court under Ariz. Hurd 1992). of due process (a ‘‘due process Rev. Stat. Ann. Sections 12–1171 –1183. Indiana determination’’). This notice lists the judicial eviction procedures for which Arkansas Ejectment action (as defined in Ind. HUD has issued a due process Forcible entry and detainer action in Code Ann. § 32–6–1.5–1 (Burns 1992)) determination. circuit court under Ark. Code Ann. tit. in the following courts: (1) The small FOR FURTHER INFORMATION CONTACT: 18, ch. 60, subch. 3. claims and misdemeanor division of the Office of General Counsel, Assisted circuit, superior and county courts; (2) California Housing Division, Room 8166, the regular civil division of the circuit, Department of Housing and Urban Unlawful detainer action (as defined superior, and county courts; and (3) the Development, 451 7th Street, SW, in Cal. Civ. Proc. Code Section 1161) in Municipal Court of Marion County. Washington, DC 20410; telephone (202) superior, municipal or justice court. Iowa 708–2140. Hearing or speech-impaired Colorado individuals may call 1–800–877–8339 Forcible detainer action in district (Federal Information Relay Service Unlawful detainer action in district or court under Iowa Code Ann. chs. 562A, TTY). (Except for the ‘‘800’’ number, county court under Colo. Rev. Stat. 631, 648 and the Iowa Rules of Civil these are not toll free numbers.) §§ 13–40–104 to –123 (1987, Supp. Procedure. Individuals may arrange to inspect and 1989). Kansas copy the documents detailing the legal Delaware An action in district court for rent and analysis on which the due process possession under Kan. Stat. Ann. determinations are based by contacting Summary proceeding for possession Section 58–2501 to –2533, 58–2540 to the Assisted Housing Division. in justice of peace court under Del. Code Ann. ch. 57. –2573; and an action in district court for SUPPLEMENTARY INFORMATION: forcible detainer under Kan. Stat. Ann. District of Columbia I. Background §§ 58–2542 to –2573 and Kan. Stat. Ann. (1) A civil ejectment action under D.C. ch. 61, art. 23. HUD has published a final rule Code Ann. § 16–1101 in the civil elsewhere in today’s Federal Register division of the superior court; (2) A Kentucky amending its regulations at 24 CFR part summary civil action for unlawful Forcible entry and detainer (FED) 10, which sets forth HUD’s rulemaking detainer under D.C. Code Ann. § 16–501 action in district court in jurisdictions policies and procedures, and 24 CFR in the landlord and tenant branch of the that have adopted the Uniform part 966, which governs HUD’s public superior court; and (3) An action to Residential Landlord and Tenant Act housing lease and grievance procedures. recover possession of a rental unit used (URLTA). The URLTA provisions on The rule adds a new paragraph (a)(2)(iii) as a drug haven under D.C. Code Ann. FED actions are set forth in Ky. Rev. to § 966.51 which states that ‘‘[f]or § 45–2559.2 in the landlord and tenant Stat. §§ 383.500 to .715. guidance of the public, HUD will branch of the superior court. publish in the Federal Register a notice Maine listing the judicial eviction procedures Florida Forcible entry and detainer action in for which HUD has issued a due process An action for possession in county district court under Me. Rev. Stat. Ann. determination.’’ court under Fl. Stat. Ann. § 83.59 and a ch. 14, Section 6001. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13277

Maryland New Mexico –134 and an action for possession under A summary action for possession in Tenn. Code Ann. Sections 64–2801 to (1) An action for summary eviction in –2864, 66–28–101 to –517. district court under Md. Code Ann., district or magistrate court under the Real Prop. Sections 8–401 to –403; (2) Uniform Owner-Resident Relations Act, Texas An action for ejectment in circuit court N.M. Stat. Ann. Sections 47–8–1 to –51 under Md. Code Ann., Cts. & Jud. Proc. (Michie 1978). An action for forcible entry and detainer in justice court under Tex. § 4–402; and (3) An action for ejectment New York in circuit court under Md. Rules Ann. Prop. Code Ann. Sections 24.001 et seq., Summary eviction proceedings under ch. 1100, §§ T40 to T46. 91.001 et seq. and a trespass to try title N.Y. Real Prop. Acts. Law art. 7 action in district court under Tex. Prop. Massachusetts North Dakota Code Ann. Sections 22.001 et seq. and 91.001 et seq. An action for eviction in housing, An action for eviction in district or district or superior court under Mass. county court under N.D. Cent. Code Utah Gen. Laws ch. 239. Sections 33–06–01 to –04. Unlawful detainer action in district or Michigan Ohio circuit court under Utah Code Ann. A summary proceeding for recovery Forcible entry and detainer action in Sections 78–36–1 to –12.6 (1989 and and possession of premises in district municipal or county court under Ohio 1990 Supp.). Rev. Code Sections 1923.01 to .15 court under Mich. Comp. Laws Vermont §§ 600.5701 to .5756. Oklahoma Minnesota A superior court ejectment action An action in district court for forcible pursuant to Vt. Stat. Ann. tit. 9, Sections Forcible entry and unlawful detainer entry and detainer (12 Okl. St. Section 4451–4468 and Vt. Stat. Ann. tit. 12, action in district court (or in the 1148.1 to .16, 1751 to 1772) for Section 4851 et seq. housing courts of Hennepin and Ramsey noncompliance which materially affects Counties) under Minn. Stat. Ann. health or safety. Virginia §§ 566.01 to .33. Oregon An unlawful detainer action in circuit Missouri Forcible entry and detainer action in court or general district court pursuant district court under Or. Rev. Stat. to Va. Code Sections 8.01–126. Unlawful detainer action (as defined Sections 90.100 to .940, 105.110 to .155. in Mo. Rev. Stat. § 534.030) in circuit Washington court (including an action in small Pennsylvania claims courts). An unlawful detainer action in An action for eviction in the court of superior or district court under Wash. Montana common pleas under Section 511 of the Rev. Code chs. 59.12, 59.18. Pennsylvania Landlord Tenant Act, 68 An action for possession in district or Pa. Cons. Stat. Section 250.511 and an West Virginia justice court under the Montana action before a district justice for Residential Landlord and Tenant Act of recovery of possession of real property An action in magistrate or circuit 1977, Mont. Code. Ann. Sections 70– under rules in the 500 series of the court for unlawful detainer under W. 24–101 to –442 Pennsylvania Rules of Civil Procedure Va. Code ch. 55, art. 3 or for wrongful for District Judges. occupation under W. Va Code ch. 55, Nebraska art. 3A–1. Rhode Island An action for the restitution of real Wisconsin property in county or district court An action for eviction in district court under the Nebraska Uniform Residential under R.I. Gen Laws tit. 34, ch. 18. An action for eviction in circuit court Landlord and Tenant Act, Neb. Rev. South Carolina under Wis. Stat. Ann. ch. 799. Stat. Section 76–1401 et seq. An action for possession in circuit or Wyoming New Hampshire magistrate court under S.C. Code Ann. tit. 27. An action for ejectment in district A summary action for eviction under court under Wyo. Stat. Section 1–32– N.H. Rev. Stat. Ann. ch. 540 and a civil South Dakota 202 et seq. action of ejectment and entry. An action for detainer in circuit or Dated: March 12, 1996. magistrate court under S.D. Codified New Jersey Kevin Emanuel Marchman, Laws Ann. Sections 21–16–1 to –12. An action for eviction in the Special Acting Assistant Secretary for Public and Civil Part of the Superior Court, Law Tennessee Indian Housing. Division, under N.J. Stat. Ann. Section An unlawful detainer action under [FR Doc. 96–7060 Filed 3–25–96; 8:45 am] 2A:18–61.1 et seq. Tenn. Code Ann. Sections 29–18–101 to BILLING CODE 4210±33±P federal register March 26,1996 Tuesday Revisions; FinalRule Board ofContractAppealsRule 24 CFRPart20 Office oftheSecretary Development Housing andUrban Department of Part VI 13279 13280 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND comment is ‘‘impracticable, PART 20ÐBOARD OF CONTRACT URBAN DEVELOPMENT unnecessary, or contrary to the public APPEALS interest’’ (24 CFR 10.1). The Department Office of the Secretary finds that good cause exists to publish 1. The authority citation for part 20 has been revised to read as follows: this rule for effect without first 24 CFR Part 20 soliciting public comment because the Authority: 41 U.S.C. 601–613; 42 U.S.C. [Docket No. FR±4013±F±01] statutory provisions are self-executing 3535(d). RIN 2501±AC16 and prior public comment is 2. In § 20.3, paragraph (a) is revised to unnecessary. The rule only updates the read as follows: current regulations to comply with the Board of Contract Appeals Rule § 20.3 Organization and location of the Revisions Federal Acquisition Streamlining Act of Board. 1994. AGENCY: Office of the Secretary, HUD. (a) Location. The Board’s mailing ACTION: Final rule. Other Matters address is: Board of Contract Appeals, U.S. Department of Housing and Urban SUMMARY: This final rule revises HUD’s Environmental Impact Development, Room 2131, 451 Seventh Board of Contract Appeals regulations An environmental finding under Street, S.W., Washington, D.C. 20410– in 24 CFR part 20 to increase certain section 102(2)(C) of the National 0001. For items requiring non-postal monetary amounts that are required by Environmental Policy Act (42 U.S.C. delivery, the Board is located in Room the Federal Acquisition Streamlining 4321–4347) and 24 CFR Part 50 is 3229, 1201 Constitution Ave., N.W. Act of 1994. categorically excluded under § 50.20(k) 20001. The telephone number of the EFFECTIVE DATE: April 25, 1996. because this rule only revises internal Board is (202) 927–5110. (This is not a FOR FURTHER INFORMATION CONTACT: administrative procedures of the toll-free number.) For learning- or David T. Anderson, Chairman, HUD Department. speech-impaired persons, this number Board of Contract Appeals, Room 2131, may be accessed via TTY by contacting U.S. Department of Housing and Urban Regulatory Flexibility Act the Federal Information Relay Service at Development, Washington, DC 20410– 1–800–877–8339. The facsimile number The Secretary, in accordance with the is (202) 927–6257. 0001; telephone (202) 927–5110. (This Regulatory Flexibility Act (5 U.S.C. * * * * * number is not a toll-free number.) For 605(b)), has reviewed and approved this hearing- or speech-impaired persons, 3. Section 20.10 is amended by: rule, and in so doing certifies that this a. Designating the undesignated this number may be accessed via TTY rule will not have a significant by contacting the Federal Information paragraph as paragraph (a); and economic impact on a substantial Relay Service at 1–800–877–8339. b. Adding new paragraphs (b), (c) and number of small entities. This rule only (d), as follows: SUPPLEMENTARY INFORMATION: revises the Department’s Board of § 20.10 Rules. Amendments Made by This Rule Contract Appeals rules. (a) * * * This final rule revises the rules of the Family Impact (b) Filing Requirements. A party shall Department of Housing and Urban file with the Board one original of any The General Counsel, as the Development Board of Contract pleading or motion. That party shall Designated Official under Executive Appeals. The revisions to Rule 1, 2, 12.1 simultaneously serve upon the other Order 12606, The Family, has and Rule 12.3, increasing certain party of record one copy of that determined that this final rule will not monetary amounts, are required by the pleading or motion filed with the Board. have a potential, direct, significant Federal Acquisition Streamlining Act of Filings may be transmitted to the Board 1994 (Pub. L. 103–355, approved impact on family formation, via facsimile. However, the original of October 13, 1994), which amended the maintenance, and general well-being; any document transmitted to the Board Contract Disputes Act of 1978, 41 U.S.C. therefore, it is not subject to review by facsimile shall simultaneously be 601–613. Rule 6 has been revised in the under this order. mailed to the Board. interests of judicial efficiency and Federalism (c) Alternative Disputes Resolution. fairness, holding the Government to the The Administrative Dispute Resolution same obligation with respect to filings The General Counsel, as the Act authorizes and encourages Federal as the Appellant. Finally, Section 20.3 Designated Official under section 6(a) of agencies to use mediation, conciliation, of the Board Rules has been revised to Executive Order 12612, Federalism, has arbitration, and other techniques for the note changes in the Board’s physical determined that the policies contained prompt and informal resolution of location and facsimile number, and to in this final rule will not have disputes. With the mutual consent of note the availability of alternative significant federalism implications and the parties, the Board may assist in the dispute resolution procedures and the thus are not subject to review under the resolution of disputes by Alternative applicability of the Equal Access to order. This final rule will not interfere Dispute Resolution (ADR) procedures. Justice Act. with or preempt State or local The utilization of ADR procedures shall government functions. not relieve the parties from the filing Justification for Final Rulemaking requirements or other orders of the In general, the Department publishes List of Subjects in 24 CFR Part 20 Board relating to a contract appeal duly a rule for public comment before issuing Administrative practice and docketed before the Board. a rule for effect, in accordance with its procedure, Government contracts, (d) Equal Access to Justice Act. The own regulations on rulemaking at 24 Equal Access to Justice Act provides Organization and functions CFR part 10. However, part 10 provides that agencies which conduct adversary (Government agencies). for exceptions from that general rule adjudications ‘‘shall award, to a where the Department finds good cause Accordingly, 24 CFR part 20 is prevailing party other than the United to omit advance notice and public amended as follows: States, fees and other expenses incurred Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13281 by that party in connection with that Rule 2 [Amended] appears and in paragraph (b) ‘‘$50,000’’ proceeding, unless the adjudicative 5. In the last sentence of Rule 2 is revised to read ‘‘$100,000’’ wherever officer of the agency finds that the ‘‘Notice of appeal, contents of.’’ of it appears. position of the agency was substantially § 20.10, ‘‘$50,000’’ is revised to read Rule 12.3 [Amended] justified or that special circumstances ‘‘$100,000.’’ make an award unjust.’’ 5 U.S.C. § 504. 8. In paragraph (c) of Rule 12.3. ‘‘The Prevailing parties in proceedings before Rule 6 [Amended] accelerated procedure.’’ of § 20.10, the Board may apply for an award under 6. In paragraph (b) of Rule 6. ‘‘$10,000’’ is revised to read ‘‘$50,000’’ the Act following the issuance by the ‘‘Pleadings.’’ of § 20.10, the last sentence wherever it appears. Board of its final decision in the appeal. of paragraph (b) is removed. * * * * * Dated: March 7, 1996. Rule 12.1 [Amended] Henry G. Cisneros, Rule 1 [Amended] 7. In paragraph (a) of Rule 12.1. Secretary. 4. In paragraphs (b) and (c) of Rule 1. ‘‘Elections to utilize small claims [FR Doc. 96–7089 Filed 3–25–96; 8:45 am] ‘‘Appeals, how taken.’’ of § 20.10, (expedited) and accelerated ‘‘$50,000’’ is revised to read ‘‘$100,000’’ procedures.’’ of § 20.10, ‘‘$10,000’’ is BILLING CODE 4210±32±P wherever it appears. revised to read ‘‘$50,000’’ wherever it federal register March 26,1996 Tuesday Proposed Rule Implementation of1995Amendments; for Seafarers,1978(STCW): Training, CertificationandWatchkeeping International ConventiononStandardsof 46 CFRParts10,12,and15 Coast Guard Transportation Department of Part VII 13283 13284 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION preamble is available for inspection at Amendments to STCW. The room 3406, U.S. Coast Guard amendments will enter into force on Coast Guard Headquarters. February 1, 1997, unless a third of the A copy of the 1995 Amendments to parties to the Convention, or parties 46 CFR Parts 10, 12, and 15 STCW may be obtained by writing representing over 50 percent of the [CGD 95±062] Commandant (G–MOS), U.S. Coast world’s hipping tons, object to them by Guard, 2100 Second Street SW., August 1, 1996. Because they were RIN 2115±AF26 Washington, DC 20593–0001, or by adopted unanimously by the Implementation of the 1995 calling (202) 267–0229, between 8 a.m. Conference, no objections are expected. Amendments to the International and 3 p.m. Monday through Friday, Consequently, the Coast Guard is taking Convention on Standards of Training, except Federal holidays. Requests may the steps necessary to implement the revised requirements to ensure that U.S. Certification and Watchkeeping for also be submitted by facsimile at (202) documents and licenses are issued in Seafarers, 1978 (STCW) 267–4570. FOR FURTHER INFORMATION CONTACT: Mr. compliance with the 1995 Amendments AGENCY: Coast Guard, DOT. Christopher Young, Project Manager, to STCW. ACTION: Notice of proposed rulemaking. Operating and Environmental Standards The Convention sets qualifications for Division (G–MOS), U.S. Coast Guard masters, officers, and watchkeeping SUMMARY: The Coast Guard proposes Headquarters, 2100 Second Street SW., personnel on seagoing merchant ships. changes to the current domestic rules on Washington, DC 20593–0001, telephone It was adopted in 1978 by a conference licensing, documentation, and manning (202) 267–0216. at IMO Headquarters in London and it in compliance with recent amendments entered into force in 1984. Currently, to the International Convention on SUPPLEMENTARY INFORMATION: there are 114 State-Parties, representing Standards of Training, Certification and Request for Comments almost 95 percent of the world’s Watchkeeping for Seafarers, 1978 merchant-ship tons. The United States (STCW). The amendments were adopted The Coast Guard encourages became a party in 1991. Over 90 percent by a Conference of Parties to STCW in interested persons to participate in this of ships visiting U.S. waters are foreign- July 1995, and will come into force on rulemaking by submitting written data, flag. Approximately 350 large U.S. February 1, 1997, though some changes views, or arguments. Persons submitting merchant ships that routinely visit to domestic rules must come into force comments should include their names foreign ports, as well as thousands of before then to ensure these rules and addresses, identify this rulemaking smaller U.S. documented commercial conform with international [CGD 95–062] and the specific section of vessels that operate on ocean or near- requirements, and other changes may this proposal to which each comment coastal voyages, are subject to STCW. come into force after then to allow a applies, and give the reason for each In 1993, IMO embarked on a more gradual shift in practice. The comment. Please submit two copies of comprehensive revision of STCW to all comments and attachments in an establish the highest practicable proposed changes would affect the full 1 range of activities associated with unbound format, no larger than 8 ⁄2 by standards of competence and to address determining that an individual is 11 inches, suitable for copying and human error as a major cause of competent for service in certain electronic filing. Persons wanting maritime casualties. By 1993, significant shipboard capacities. acknowledgment of receipt of comments limitations to the existing Convention should enclose stamped, self-addressed had become apparent. They included DATES: Comments must be received on postcards or envelopes. requirements that were too vague and or before July 24, 1996. The Coast Guard will consider all left too much to the discretion of ADDRESSES: Comments may be mailed to comments received during the comment Parties; the absence of clear, uniform the Executive Secretary, Marine Safety period. It may change this proposal in standards of competence; ineffective Council (G–LRA, room 3406) [CGD 95– view of the comments. international superintendent to verify 062], U.S. Coast Guard Headquarters, that Parties were in fact complying with Hearings 2100 Second Street SW., Washington, Convention requirements; limited DC 20593–0001, or may be delivered to The Coast Guard has determined that provisions for port-State control; and room 3406 at the same address between the opportunity for oral presentations outdated technical references that failed 8 a.m. and 3 p.m., Monday through will aid in this rulemaking, and will to address modern shipboard systems, Friday, except Federal holidays. The hold at least one public hearing during job descriptions, and approaches to telephone number is (202) 267–1477. the comment period. The Coast Guard maritime training such as the use of Comments on collection-of-information solicits recommendations on dates and simulation technology. requirements must be mailed also to the locations for a public meeting. Requests The amendments adopted by the Office of Information and Regulatory for a public meeting should be Conference in July 1995 were Affairs, Office of Management and addressed to the Marine Safety Council comprehensive and detailed. They Budget, 725 17th Street NW., at the address under ADDRESSES. The concern port-State control, Washington, DC 20503, Attn: Desk Coast Guard will provide more communication of information to IMO Officer, U.S. Coast Guard. information about public hearings by a to allow for mutual oversight, and The Executive Secretary maintains the later document in the Federal Register. responsibility of all State-Parties to public docket for this rulemaking. ensure that seafarers meet objective Comments will become part of this Background and Purpose standards of competence. They also docket and will be available for On July 7, 1995, a Conference of require candidates for certificates inspection or copying at room 3406, Parties to the International Convention (licenses and document endorsements) U.S. Coast Guard Headquarters, between on Standards of Training, Certification to establish competence through both 8 a.m. and 3 p.m., Monday through and Watchkeeping for Seafarers, 1978 subject-area examinations and practical Friday, except Federal holidays. (STCW), meeting at the Headquarters of demonstrations of skills. Training, A copy of the material listed in the International Maritime Organization assessment, and certification of Incorporation by Reference of this (IMO) in London, adopted a package of competence are all to be managed Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13285 within a quality-standards system to bridge-team procedures and bridge- nature such as issuing certificates of ensure that stated objectives are being resource management. competency; (b) setting standards for achieved. Third, in CGD 94–029, a proposed such certificates; (c) addressing special The Coast Guard published a notice of rule for modernizing examination circumstances or exceptions to the inquiry in the Federal Register [60 FR methods was published [60 FR 10053 general case clearly covered by the 56970 (November 13, 1995)] to solicit (February 23, 1995)]. Essentially, it regulations; (d) monitoring training and information on the costs that may be would allow for the use of testing assessment by spot-checks or by review associated with implementation of the services from the private and public of random samples to ensure that the 1995 Amendments to STCW. This sectors to confirm the competency of new ‘‘quality-standards system’’ notice is discussed in more detail under candidates for Coast Guard licenses. requirements are being maintained; and the heading ‘‘Regulatory Evaluation.’’ Fourth, in CGD 94–055, there is under (e) keeping some necessary records. The Coast Guard held a public development a proposal that concerns meeting on August 31, 1995, to discuss licensing requirements for officers of Discussion of Proposed Rule the outcome of the Conference and seek towing vessels. It stems from General public comment on how the 1995 investigations into the Sunset Limited Amendments to STCW should be tragedy, when a tug and barge damaged The following discussion proceeds in implemented by the United States. a railroad bridge in September 1993. It the order in which the proposed Comments received at the meeting and may introduce into 46 CFR Part 10 new revisions to current domestic rules are in response to the notice of inquiry have terms and concepts, such as the presented. However, a few general been taken into consideration in the designated examiner, practical comments may assist the reader and development of implementing demonstration, and standard of reduce repetition of a point common to regulations. Three written comments competence, and the use of training- many parts of the revisions. were submitted to the docket, and they record books. The Coast Guard has been 1. Approach. The approach taken in will be discussed in the appropriate working with TSAC on CGD 94–055. this proposed rule is to retain the sections of this preamble. The Coast Guard will make every existing structure of the current Additionally, the Coast Guard had effort to coordinate these projects with domestic rules on licensing (46 CFR Part sought comment from the public during a view to establishing uniform 10), certification of seamen (46 CFR Part the period leading up to the Conference requirements except where there is a 12), and manning (46 CFR Part 15), and that adopted the 1995 Amendments to compelling need to maintain a incorporate specific requirements of the STCW. The Coast Guard had held seven difference in respect of a particular 1995 Amendments to STCW. Where public meetings to determine what activity or class of vessel. possible, this Convention and its positions U.S. delegations should In keeping with other recent Coast associated Seafarers’ Training, advocate at meetings held by IMO, and Guard initiatives, this proposed rule Certification and Watchkeeping Code to exchange views about Amendments tries to avoid unnecessary additional (STCW Code) have been incorporated by to STCW that were under discussion. requirements when international reference to avoid unnecessary The Coast Guard has also taken standards are being implemented. duplication and to ensure compatibility advantage of the meetings of its advisory Specifically, the Coast Guard has between international and domestic panels, particularly the Merchant compared the rules to the international requirements. standard and has determined that it Marine Personnel Advisory Committee The 1995 Amendment to STCW (MERPAC), the Towing Safety Advisory would not unnecessarily establish a requirement in excess of that standard. essentially replace the current Annex to Committee (TSAC), and the the 1978 Convention with a new Annex Navigational Safety Advisory Council With this objective, the rule makes direct reference to international and an associated STCW Code. The (NAVSAC), to discuss developments STCW Code is divided into two separate relating to the amendment of STCW and standards where possible. Where there is a difference in substance between the parts (A and B), that are both is the domestic implementation of these organized to parallel, exactly, the STCW amendments. rule and the international requirement, this is noted and discussed in the Regulations in the Annex. Part A Related Rulemakings section-by-section analysis. In most provides mandatory standards that are This proposed rulemaking has been cases, the difference involves an directly referred to in the relevant prepared in anticipation that several exercise of discretion to address a STCW Regulations in the Annex. Part B other rulemakings will revise Parts 10, specific class of vessel rather than an is non-mandatory guidance to assist in 12, and 15 or address related subjects. additional requirement. In some cases, implementation of the requirements of First, in docket number CGD 95–072 clear differences with the international Part A, and to promote uniform [60 FR 50455 (September 29, 1995)], the scheme are retained to preserve interpretation of the STCW Regulations. Coast Guard has made technical and continuity in the U.S. licensing system. Not all of the STCW Regulations have editorial corrections to its current rules, The Coast Guard requests comments on explanatory material in both parts of the removing outdated references and these differences, and the advantages STCW Code. reflecting current organizational that might be derived from removing Chapter I of the new Annex is structures. them from current domestic rules. expanded to include new STCW Second, in CGD 91–045, the Coast The Coast Guard has attempted to Regulations on matters such as the use Guard published a supplemental notice develop a rule that would be self- of simulators in training and of proposed rulemaking (SNPRM) [60 implementing. In other words, it has assessment, the qualifications of persons FR 55904 (November 3, 1995)] that tried to minimize the direct role the responsible for the training and proposed operational measures to Coast Guard would need to play in assessment of seafarers, the reduce spills from existing tank vessels overseeing routine compliance with the establishment of a quality-standards without double hulls. This too involves requirements. Ideally, it would like to system to ensure achievement of subjects addressed here to implement minimize its direct involvement and defined objectives, the establishment of the STCW Amendments, such as rest- limit its role to the following: (a) medical-fitness standards for seafarers, period requirements and training in performing functions governmental in and the responsibilities of companies. 13286 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

The remaining part of the new Annex warships). Article II defines a seagoing operations. To the extent a MODU is a is enlarged from six to eight chapters. ship as a ship other than one that seagoing ship under STCW, this Chapters II, III, and IV have retained ‘‘navigate[s] exclusively in inland proposed rule would apply to seafarers their application to the master and deck waters or in waters within, or closely serving on one. On the other hand, in department, the engine department, and adjacent to, sheltered waters or areas approving specific training programs, radiocommunications, respectively. where port regulations apply.’’ This the Coast Guard would take into However, material that was previously proposed rule, which implements consideration, and would use as the presented as appendices to the original STCW, applies to any commercial vessel basis for its evaluation of training STCW regulations is now contained in that operates seaward of the boundary programs, any IMO resolutions that the STCW Code, and detailed standards lines established by 46 CFR part 7. provide special guidance relating to the of competence are set out in the The Coast Guard does not intend to training of personnel on MODUs. corresponding sections of the Code. apply the requirements of STCW to In this regard, the following three Additionally, the standards of vessels that operate exclusively on the IMO resolutions are particularly competence are organized along inland waters of the United States. relevant: A.538(13), ‘‘Maritime Safety functional lines, with three levels of However, some of the proposals would Training of Personnel on Mobile responsibility. The amendments have the effect of modifying how the Offshore Units’’; A.712(17), establish requirements for certification Coast Guard does business and the ‘‘Recommended Standards of for the following seven functions: conditions under which it would Specialized Training, Qualifications and navigation; handling and stowage of consider approving a program of Certification of Key Personnel Assigned cargo; controlling the operation of the training and assessment for qualifying Responsibility for Essential Marine ship and care for persons on board; an individual for a license, document, Functions of Mobile Offshore Units’’; marine engineering; electronic and or endorsement. It does not intend to and A.828(19), ‘‘Recommendation on control engineering; maintenance and restrict, to ocean and near-coastal Maritime Safety and Emergency repair; and radiocommunications. Three licenses and documents, procedures Preparedness Training for all Personnel levels of responsibility are associated that may also be suitable to training for on Moble Offshore Units’’. with each function under STCW— inland licenses. The Coast Guard The comment also suggested that the management level, operational level, solicits comments on the potential Coast Guard accept or recognize and support level. effects on candidates for inland licenses certificates issued by another Party to Chapter V, which was previously and documents, and on the enterprises STCW for service on MODUs. The Coast amended in 1994 and which addressed that offer training to such candidates. Guard does not consider this request to only tanker personnel, is not expanded The Coast Guard does not consider be viable at this time. The issue of to address personnel on roll-on/roll- STCW to apply directly to personal recognition is complicated by off(ro-ro) passenger ships. serving on ships that operate citizenship requirements that apply to Chapter VI, which currently addresses exclusively on the Great Lakes. the following: (a) candidates for U.S. only proficiency in survival craft and However, individuals using time served licenses and certificates of registry rescue boats, is expanded to require on such vessels toward an ocean or under 46 U.S.C. 7102, (b) crewmembers familiarization training or instruction near-coastal license, and those who are on documented vessels of the United for all seafarers, and basic safety- being trained at training institutions that States under 46 U.S.C. 8103, and (c) training for those who have safety or serve mariners in the Great Lakes MODUs operating on the U.S. outer pollution-prevention duties. region, need to be aware of the continental shelf under 43 U.S.C. 1356. Chapter VII allows for alternative- requirements that mariners must meet to Another issue would be the principle of certification systems under which hold STCW Certificates if those reciprocity or mutual recognition certificates could be issued on the basis mariners will be serving on ships in between U.S. and non-U.S. certificates. of functions combined in ways that ocean service. 3. License structure. The Coast Guard differ from those associated with One comment submitted in response would not, by this proposed rule, traditional shipboard capacities under to the request for comments published replace the existing license structure Chapters II, III, and IV. This flexibility in the Federal Register on August 2, with the license structure presented in is subject to a number of restrictions 1995 [60 FR 39306], requested that the STCW. The 4-level license structure in under the STCW Regulations in Chapter Coast Guard consider deferring Part 10 would persist (e.g., chief VII. The Coast Guard is not planning, at implementation of the 1995 engineer, 1st, 2nd, and 3rd assistant this time, to incorporate provisions for Amendments to STCW in respect of engineer officer, and 3 levels of mate alternative certification without further Mobile Offshore Drilling Units under the master). Although the STCW evaluation and industry support. The (MODUs). The comment pointed out a structure is less complicated than the Coast Guard requests comments on the resolution adopted by the 1995 U.S. structure, the Coast Guard does not application of Chapter VII to U.S. Conference of Parties to STCW, noting consider it appropriate or expedient to licensing and documentation. that time constraints had not allowed propose a comprehensive change in this In the 1995 Amendments to STCW, full consideration to the possibility of rulemaking. all watchkeeping provisions are including provisions on the training and Some of the STCW terms must be consolidated under new Chapter VIII certification of maritime personnel introduced into U.S. regulations to and the associated sections of the STCW employed on board MODUs. The ensure that holders of U.S. licenses Code. New STCW Regulation VIII/1 resolution invites IMO to consider would be entitled to hold the requires Administrations to establish developing provisions addressing this appropriate STCW certificate. The Coast and enforce rest-hour requirements for matter under STCW, or in such other Guard is concerned, however, that the watchkeeping personnel to prevent instrument as may be appropriate. elimination of the existing categories of fatigue. The resolution referred to in the license might create difficulties for 2. Scope of application. STCW comment recommends special training certain segments of the industry, or applies to seagong ships (except and certification for industrial could have unintended impacts on pleasure craft, fishing vessels, and ships personnel serving on MODUs because of established career patterns in the entitled to sovereign immunity such as the specialized nature of MODUs’ maritime industry. In addition, it may Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13287 necessitate changes in the terms used in are keyed to the tonnage of ships as final rule is published. In deciding how the manning-complement section of the determined under the regulatory to proceed, the Coast Guard would make U.S. Certificate of Inspection. tonnage-measurement system, which every effort to avoid penalizing either Trying to anticipate and address all of exempts certain spaces in calculating the holders of existing licenses or the these possibilities could unnecessarily gross register tons (GRT) and therefore operators of vessels that have exercised complicate promulgation of a rule can result in lower tonnage values than their option to be measured under the intended only to implement new STCW calculations based on the International regulatory-tonnage-measurement requirements. The requirement for Convention on Tonnage Measurement of system. promulgating a rule by February 1, Ships, 1969 (ITC). 7. Medical fitness. The 1995 1997, has precluded the opportunity for The 1995 Amendments to STCW Amendments to STCW include a assessing the implications at this time. include adjustments in the tonnage requirement for Parties to establish However, the Coast Guard is interested thresholds from 200 GRT to 500 gross standards of medical fitness for in comments on adjustments to the tons (GT); and from 1,600 GRT to 3,000 seafarers, particularly regarding eyesight current U.S. licensing structure, to bring GT that reflect a relatively close and hearing (STCW Regulation I/9). it into closer alignment with the STCW alignment between the various domestic Under STCW as amended, candidates structure. tonnage systems used around the world for certification will have to provide 4. Documentation. Although the 1995 and the ITC tonnage-measurement satisfactory proof that they meet the Amendments to STCW will permit the system. The new STCW Regulation I/15, standards of medical fitness; and they use of an STCW document to serve as on Transitional Provisions, allows must each hold a document attesting both an individual’s certificate of Parties to reissue or revalidate their medical fitness, issued by ‘‘a duly competency and an endorsement that certificates (licenses) based on the lower qualified medical practitioner the candidate meets STCW tonnage values by substituting 500 GT recognized by the Party.’’ requirements, the Coast Guard plans to for 200 GRT, and 3,000 GT for 1,600 Criteria and procedures for medical retain a distinction between the U.S. GRT, at their discretion. fitness are already established by 46 license and the STCW endorsement for A number of alternatives are available CFR parts 10, 12, and 13. They include the time being. In other words, each for addressing tonnage in the the following sections: § 10.205(d), licensed officer who will be serving on implementation of the 1995 physical-examination requirements for a seagoing vessel will be issued both a Amendments to STCW. A threshold of original licenses; § 10.207(e), physical U.S. license and a separate STCW 3,000 GT can be added as a new requirements for raise of grade of endorsement. Of course, an STCW category of licensing without deleting license; § 10.209(d), physical endorsement will have no validity any existing category. Under this requirements for license renewals; unless accompanied by its holder’s alternative, the requirements for the § 10.709, physical-examination license. 3,000-GT license would be identical to requirements for pilots; § 12.02–27, 5. Communication to IMO. In the requirements for a 1,600-GRT physical requirements for renewal of a proposing this rule, the Coast Guard has license; and anyone holding a 1,600- merchant mariner’s document; § 12.05– been cognizant of its future obligation to GRT license for service on a ship on 5, physical requirements for Able submit to IMO a detailed description of near-coastal or ocean service would be Seamen; § 12.15–5, physical how the United States complies with entitled to hold an STCW endorsement requirements for qualified members of the 1995 Amendments to STCW. Under for service on seagoing ships of 3,000 the engine department; and § 13.125, new STCW Regulation I/7, each Party GT. Similarly, an individual holding a physical requirements for tankermen. must prepare a report on the steps it has 200-GRT license would be entitled to There are currently no internationally taken to give the Convention ‘‘full and hold an STCW endorsement for service agreed-upon standards of medical complete effect.’’ on seagoing ships of 500 GT. fitness for seafarers, except in respect of When complete information has been Another alternative would be to add eyesight (which appear in section B–I/ provided to IMO, and the Secretary- a threshold of 3,000 GT as a new 9 of the STCW Code). The 1995 STCW General of IMO has confirmed that in category of license, and delete the Conference adopted a resolution that (a) fact full effect has been given to STCW, threshold of 1,600 GRT. Under this noted that the International Labor the Maritime Safety Committee will be alternative a transition mechanism Organization (ILO) and the World invited to formally confirm and identify would be implemented by regulation or Health Organization (WHO) are the Party as having done so, and other by policy guidance to ensure that undertaking research into existing Parties will be entitled to accept holders of 1,600-GRT licenses were medical-examination requirements for certificates issued by that Party as being issued 3,000-GT licenses at the time of seafarers on a global basis and (b) in compliance with Convention renewal. invited IMO to develop international requirements. A different approach would be standards of medical fitness for It will be important for the United needed to align the 200-GRT and 500- seafarers, in cooperation with the ILO States to be able to satisfy the GRT thresholds in 46 CFR part 10 with and WHO. This matter is now on the requirements that earn this international the 500 GT threshold in the STCW work program of the IMO Sub- recognition. This rulemaking is an Amendments, because the 500-GRT Committee on Standards of Training essential step toward meeting that license entails special requirements that and Watchkeeping (STW). It is unlikely objective. apply to certain classes of ships (i.e., that such standards will be established 6. Tonnage. Both the U.S. licensing OSVs). At the present time, it appears before this proposed rule would be structure and the STCW structure that these thresholds must be retained, published as a final rule. employ tonnage thresholds in and policy guidance will be developed Meanwhile, the Coast Guard has been establishing requirements for training for issuing an STCW endorsement at the working with MERPAC to determine and certification. However, the U.S. 500-GT level, with the appropriate whether there is a need for more explicit structure includes several tonnage service limitations. physical standards for entry-level divisions not used in STCW, Comments on these or other personnel. The Coast Guard is also particularly in respect of lower-tonnage alternatives may be submitted to the continuing to work with the Maritime licenses. Also, these tonnage divisions docket and will be considered before a Administration in promoting the 13288 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

Seafarers Health Improvement Program, results of these evaluations are to be establishing that a particular training which includes guidance for physical reported to IMO, in accordance with program or institution is authorized to examinations for both entry of seafarers STCW Regulation I/7. issue certificates of completion of into, and retention in, the U.S. merchant To a large degree, the current process training requirements in a relevant marine. of the Coast Guard for course approval maritime field, if the supervising The Coast Guard is also in the process meets the requirements of new STCW process takes into account guidance of reviewing and revising Navigation Regulation I/8, but this process is regarding quality-standards provided in and Inspection Circular Number (NVIC) limited to specific required training part B–I/8 of the STCW Code. 6–89, ‘‘Physical Evaluation Guidelines (such as firefighting or radar), or (d) Periodic certification by an for Merchant Mariners’ Documents and training intended to substitute for part organization accepted or authorized by Licenses,’’ which identifies of a sea-service requirement. As the Coast Guard, such as a ship- disqualifying medical conditions. As discussed in more detail relative to 46 classification society, that has noted in one comment submitted to the CFR Part 10 under Approved training, developed a certification process for docket in response to the notice the 1995 Amendments to STCW expand maritime-training programs based on published on August 2, 1995, medical- the instances where approved training guidance regarding quality-standards fitness standards must take into account must or may be used to meet provided in part B–I/8 of the STCW the job description for the positions to competence requirements. A QSS will Code, or has suitably adapted such a be filled by the individual concerned, be required for all such training. process from the standards, guidelines, and the implications for both employees This proposed rule incorporates and principles contained in the ISO and employers under the Americans elements that conform to the STCW 9000 series, or from the equivalent with Disabilities Act (ADA). requirements for a QSS for training and Quality management and Quality Taking the preceeding discussion into assessment activities, but that would at Assurance Standards developed by the account, the Coast Guard is not the same time take into consideration American National Standards Institute venturing into any specific new the impact on Coast Guard resources (ANSI). medical-fitness standards in this that may be needed for effective (e) Periodic evaluation by a panel or proposed rule. However, to ensure supervision. The proposed rule is team of maritime-education specialists, compliance with the requirements of intentionally drafted to allow for a made up of professional staff from the new STCW Regulation I/9, this rule variety of QSSs that may be tailored to State or Federal maritime academies, or includes a provision stating that each suit particular programs of training and from other recognized maritime-training applicant for an entry-level MMD must assessment. They are also designed to institutions. The evaluation would be provide a document issued by a ensure that no QSS imposes based on an industry standard to be qualified medical practitioner attesting unreasonable costs on small enterprises developed, and guidance regarding the prospective seaman’s medical or entities that offer training programs quality-standards provided in part B–I/ fitness for anticipated shipboard duties whether limited in scope or offered only (§ 12.02–07). to a restricted pool of seafarers and 8 of the STCW Code. The Coast Guard invites comments on programs that, regardless, may be The Coast Guard is continuing to the need for and feasibility of conducted either on board ship or at work with MERPAC to identify how establishing more prescriptive medical shoreside. best to introduce an effective QSS. It standards for entry-level personnel and The Coast Guard invites comments on will consider the recommendations of particularly for personnel with duties in the extent to which the following MERPAC that came from its first safety or pollution-prevention. It also systems or processes, or a combination meeting in 1996 in drafting the final invites comment on whether a licensed of such systems or processes, should be rule. nurse practitioner should be considered accepted as meeting the QSS For further discussion on a ‘‘qualified medical practitioner’’ for requirements of the 1995 Amendments qualifications of instructors and assuring medical fitness under U.S. to STCW: assessors, see the section on Approved regulations. (a) Periodic accreditation under a training other than approved courses. 8. Quality-standards system (QSS). recognized process like the regional 9. Simulators. The 1995 Amendments The 1995 Amendments to STCW accreditation used by high-level to STCW promote the use of simulators include a new requirement (STCW academic institutions in the United for training and assessment by (a) Regulation I/8) for Parties to ensure that States, such as the Middle States requiring the proper use of radar and all training and assessment are Association of Colleges and Schools, ARPA simulators in training, and (b) ‘‘continuously monitored through a provided that the process can be allowing the use of simulation as a tool quality-standards system to ensure appropriately modified to explicitly for assessing the competence of achievement of defined objectives, cover maritime training and take into candidates for certification. The including those concerning the account guidance regarding quality- amendments also set out performance qualifications and experience of standards provided in part B–I/8 of the standards for simulators used for instructors and assessors.’’ Furthermore, STCW Code. conducting required training or the new STCW Regulation provides that (b) Periodic Accreditation by an assessment. An opportunity for an evaluation be conducted periodically independent professional agency, or a grandfathering simulators installed or by qualified persons, not involved in the voluntary association of trade and brought into use before February 1, activities concerned. The associated technical schools, that has membership 2002, is provided under STCW sections of the STCW Code expand on standards and a procedure for Regulation I/12. this STCW Regulation by outlining the accreditation that takes into account Current domestic rules require the use requirements for a QSS in Part A, and guidance regarding quality-standards of simulators for those training to then by additional guidance in Part B. provided in part B–I/8 of the STCW qualify as radar observers (46 CFR For example, A–I/8 states that Code. 10.305 and 10.480) and promote the use independent evaluations of assessments (c) Periodic certification, by a State of simulator training promoted by are to be conducted ‘‘at intervals of not board of education, or other suitable allowing it to count, in conjunction with more than 5 years.’’ Furthermore, the regulatory body at the State level, approved training, as an equivalency for Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13289 up to 25 percent of required sea service advantage of the maritime industry in The proposal also includes a (46 CFR 10.304(d)). the United States, there may be no need definition for Coast-Guard-accepted. A new study by the Marine Board of to defer or delay implementation. This term is used in a number of the National Research Council (NRC) Comments on the most suitable effective regulations to indicate that, although the examines the role of ship-bridge dates for new requirements associated Coast Guard would not in some cases simulation in the professional with such matters as the QSS and the engage in a formal approval process, it development and licensing of mariners process for identifying qualified would maintain certain standards of responsible for vessels’ navigation and instructors and assessors should be practice by accepting materials or piloting. The study, entitled ‘‘Simulated submitted to the docket. processes as meeting the applicable Voyages’’ recommends steps to increase requirements, or by authorizing a third the use of simulators in maritime 46 CFR Part 10—Licensing of Maritime party to do so on its behalf under a training and assessment. The Coast Personnel Memorandum of Agreement. Guard considers this proposed rule for 1. Purpose of Regulations This proposed rule also defines implementing STCW to be consistent approved instructor as a person trained with the study and its conclusions. This The Coast Guard would revise or instructed in instructional techniques rule is intended to allow introduction of § 10.101(a) to reflect that the purpose of and qualified to provide required the most effective use of simulators into part 10 is twofold. This proposed rule training to candidates for licenses, maritime training and assessment taking is intended to provide, first, a means of documents, and endorsements. place in the United States. determining that an applicant is A definition of STCW endorsement In this regard, the Coast Guard has qualified to hold a U.S. license and, also appears in § 10.103 because that also been working with the maritime second, a means of determining that an term occurs with some frequency in the academies in developing guidelines on applicant is competent to hold an STCW proposed rule, and the definition would the use of simulators there. The certificate or endorsement to serve in a give this endorsement a special legal Maritime Academies Simulator particular shipboard position. The use significance as a document issued under Committee (MASC) includes of the term ‘‘STCW certificate or Part 10 to those found in compliance representatives from the six State endorsement’’ would allow the Coast with STCW Standards of Competence. maritime academies, the Maritime Guard to combine the U.S. license and For the purposes of this proposed Administration (MARAD), and the Coast the STCW endorsement into a single rule, the Coast Guard assumes that Part Guard. The outcome of the efforts of this document at some time in the future, for 10 will also include a number of new committee will figure in drafting the administrative convenience. definitions along the lines of those being final rule. 2. Approved Training developed for docket number CGD 94– Because of the wide variety of 055, the project on licensing interpretations given to the term The Coast Guard would revise requirements for officers of towing ‘‘simulation,’’ the Coast Guard invites § 10.101(c) to indicate that Subpart C of vessels, including the following: comments on the need for introducing Part 10 would apply not only to (a) Designated examiner means an definitions, or technical performance approved training used for remission of individual trained or instructed in standards, into the rules, and on the seagoing service but also to all training assessment techniques and otherwise extent to which, or the conditions under and assessment that must be approved qualified to evaluate whether a which, personal computer-based as meeting the requirements of STCW. candidate for a license, document, or training should be classified as falling For additional discussion of approved endorsement has achieved the level of within the scope of simulator training. training see the discussion of § 10.309 competence necessary to hold the 10. Effective dates. As noted earlier, under Approved training other than license, document, or endorsement. the 1995 Amendments to STCW come approved courses. This individual may be personally into force on February 1, 1997. 3. Incorporation by Reference designated by the Coast Guard, or be However, STCW Regulation I/15, on designated within the context of a transitional provisions, allows some The Coast Guard would introduce the Coast-Guard-approved program of requirements to come into force more necessary language in § 10.102 to allow training or assessment. gradually. The Coast Guard will be technical requirements of the 1995 (b) Standard of competence means the working at IMO to establish an Amendments to STCW and to the STCW level of proficiency necessary for the international agreement on precisely Code to be incorporated by reference proper performance of duties on board which requirements must come into into specific rules in part 10. vessels in accordance with national and force as of February 1, 1997. Any 4. Definitions international criteria. agreement reached at IMO will be taken (c) Practical demonstration means the into figure in drafting the final rule. The Coast Guard would add a number performance of an activity under the STCW Regulation I/15 provides that a of new definitions in § 10.103. These direct observation of a designated Party may continue, until February 1, include approved training because examiner for the purpose of establishing 2002, to issue certificates (licenses) in virtually all training required under that the performer is sufficiently accordance with the domestic rules it STCW is subject to approval to ensure proficient in a practical skill to meet a has in place before the 1995 that it meets the relevant provisions of specified standard of competence or Amendments come into force (February STCW. However, such training is other objective criterion. 1, 1997) only in respect to seafarers who distinct from training provided in the These are not final definitions, and begin their sea service or their approved context of a course approved by the comments made on their applicability to maritime training before August 1, 1998. Coast Guard for use as a substitute for STCW requirements will be taken into Candidates who begin their service or sea service. Under this proposed rule, account in the rule on towing vessels to their training after then will be subject training could be ‘‘approved’’ for the ensure that that final rule winds up to the full application of the revised purposes of STCW if it met certain consistent with all the changes being STCW requirements. minimal conditions, as set out in made to Part 10 by this. Both rules will Where options presented by this § 10.309. Refer to the discussion of that also maintain uniformity with the proposed rule would be to the section (paragraph 12) for more details. definitions of identical terms used in 13290 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules part 12. This will be discussed further all ships that may be operating in the same serve as primary or secondary GMDSS under § 12.01–6. waters. operators under FCC regulations. One comment submitted in response 5. Paperwork Approval The Coast Guard expects to apply this to the request for comments published If this proposed rule finally results in flexibility, for instance, in approval of a in the Federal Register on August 2, new reporting and recordkeeping firefighting course or training program 1995 [60 FR 39306], urged the Coast requirements, § 10.107 will refer to the for licensed personnel serving on small Guard to provide for ‘‘maintenance of appropriate OMB control numbers. passenger vessels engaged in near- GMDSS and radio equipment in the coastal voyages. In these cases, the Coast revisions of the licensing and 6. Eligibility for Licenses Guard would take into consideration the documentation regulations to reflect the The Coast Guard would revise firefighting equipment whose fitting is STCW Amendments.’’ The comment paragraph (a) of § 10.207 to reflect that, actually required on such vessels, as also said ‘‘a communications and in some cases, candidates must provide well as the complexity of firefighting electronics position should be proof of having successfully completed that may take place on such vessels. The established incorporating the skills of practical demonstrations of certain Coast Guard invites comments on the the traditional Radio Officer and those skills. Demonstration requirements are scope, content, and skills-assessment of an electronics specialist.’’ The further specified in proposals relating to techniques that it should include in comment also asserted that the Coast §§ 10.205, 10.910, and 10.950. these limited or modified courses or Guard, rather than the FCC, should training programs. certify training facilities and testing 7. Issuance of Licenses (b) Automatic Radar-Plotting Aids facilities for the GMDSS. Lastly, the The Coast Guard would revise (ARPA). The Coast Guard would revise comment said the Coast Guard should § 10.202 to ensure that anyone qualified § 10.205 by adding a new STCW consider establishing standards of for an STCW certificate or endorsement requirement for every candidate for a competence for shipboard radio- is issued the appropriate documents at license—as master or mate of vessels on electronics personnel responsible for the same time as a license. near-coastal or ocean service, or as distress and emergency communications. 8. Requirements for Original Licenses operator of uninspected passenger vessels operating beyond the boundary For regulatory purposes, the Coast Under § 10.205, the Coast Guard line—to establish competence in the use Guard considers this comment to raise would incorporate a number of new of ARPA. Candidates would have to four distinct issues. Only two of these requirements from the 1995 have ARPA-simulator training. fall directly in the scope of the present Amendments to STCW, as follows: However, this requirement would not rulemaking, to implement the 1995 (a) Firefighting. Under paragraph (g) apply to those who will be serving on Amendments to STCW. Qualifications of § 10.205, every candidate for a vessels not fitted with ARPA; in such of those who will be maintaining license—as master or mate of a vessel on cases, the license and STCW GMDSS and radio equipment, and their near-coastal or ocean service, as an endorsement would state the lack of the training and testing, are subjects within operator of an uninspected passenger training. (For further discussion of the scope of this project. A proposal for vessel operating beyond the boundary radar-training requirements, see the establishing an electronics-technician line, for service on a MODU, and as an discussion of § 10.480 at page 46.) endorsement appears under part 12 (in engineer—will have to meet the new § 12.25–45). (c) Certificate for Operator of Radio in Proposals for the establishment of a standard of competence in basic and Global Maritime Distress and Safety advanced firefighting set out in STCW new crew position on U.S. ships, to be System (GMDSS). The Coast Guard dedicated to communications and Regulations VI/1 and VI/3 and in Part A would revise § 10.205 by adding a new of the associated sections of the STCW electronics, or modification of radio STCW requirement that every candidate officers’ role to encompass all GMDSS- Code. This proposed rule assumes that for a license—as master or mate of a operators of seagoing towing vessels related responsibilities, lie outside the vessel on near-coastal or ocean service— scope of this rulemaking. STCW does will be classified as masters or mates hold a Certificate for Operator of Radio under a separate rulemaking [CGD 94– not impose manning requirements on in Global Maritime Distress and Safety seagoing ships. On the other hand, the 055]. If they are not, then the final rule System issued by the Federal new certification standards may have in this will restore the reference to Communications Commission (FCC) implications for crew complements; operators of such vessels. under its regulations (47 CFR Part 13), therefore, the Coast Guard has included A second provision would allow the or a certificate of completion of an FCC- a proposal for revising part 15 Coast Guard to approve a firefighting approved or Coast Guard-approved concerning the ability of the electronics course or training program specially Certificate for Operator of Radio in technician to perform at-sea designed for a particular ship or type of Global Maritime Distress and Safety maintenance of GMDSS installations service. This is consistent with the System. However, this requirement when the ship is required to have that exemption in STCW Regulation II/3 of would not apply to those who will be onboard-maintenance capability as one the 1995 Amendments, which concerns serving on vessels not required to of the options under the GMDSS certification of masters and mates on participate in the GMDSS system under provisions of SOLAS. That proposal ships of less than 500 GT and states that FCC regulations (47 CFR Part 80) and pertains to § 15.401. [t]he Administration, if it considers that a Chapter IV of the International With respect to the role of the Coast ship’s size and the conditions of its voyage Convention on Safety of Life At Sea Guard and the FCC in regulating are such as to render the application of the (SOLAS). Seagoing cargo ships of 300 maritime communications, the Coast full requirements of this regulation and GTs and seagoing passenger ships must Guard currently recognizes the FCC as section A–II/3 of the STCW Code unreasonable or impracticable, may to that meet GMDSS requirements. On the the agency with primary responsibility extent exempt the master and the officer in other hand, some mates or masters may for establishing U.S. requirements for charge of a navigational watch on such a have to hold GMDSS certificates before holding radiocommunications licenses shop or class of ships from some of the this proposed rule would become final or radio operators’ certificates. This requirements, bearing in mind the safety of in any form, if they are designated to responsibility is complemented by the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13291

Coast Guard’s authority for issuing radio engaged in near-coastal voyages. The Guard invites comments on what officers’ licenses. This proposed rule Coast Guard invites comment on the belongs in this elementary basic safety honors the complementary roles of both scope, content, and skills-assessment checklist. agencies, while taking into account the techniques that should be included in After receiving the basic safety- fact that adjustments may be made in this limited or modified training. training or instruction, the license- the future on how these roles are (e) Personal safety and social holder must every 5 years provide allocated and carried out. Comment to responsibilities. The Coast Guard is evidence of having maintained the the docket is welcome on whether the proposing to revise § 10.205 by adding required standard of competence, by Coast Guard should be involved in a new STCW requirement—for every providing evidence at the time of approving the GMDSS training program, candidate for a license as master, mate, renewal that he or she has demonstrated as it is proposing to be. The Coast Guard or engineer on a vessel in near-coastal competence and has been examined or will also be looking at this issue in light or ocean service, or for a license as an continuously assessed as part of an of section 365 of the operator of uninspected passenger approved training program, in Telecommunications Act of 1996 vessels operating beyond the boundary accordance with the tables in section A– (Public Law 104–104) which will allow line, or for a license for service on a VI/1, paragraph 2, of the STCW Code. a vessel to operate without a radio MODU—to present a certificate of This matter gets closer scrutiny in the officer if it is determined that the vessel completion of approved training in discussion under paragraph 9, is properly fitted with equipment to personal safety and social Requirements for renewal of licenses. implement GMDSS, and the equipment responsibilities (e.g., taking proper (f) Procedures for bridge team-work. is in good working condition. actions in emergencies, taking The Coast Guard would revise § 10.205 (d) Personal survival techniques. The precautions to prevent pollution, by adding a new STCW requirement for Coast Guard is proposing to revise observing safe working practices, every candidate for a license as master, § 10.205 by adding a new STCW understanding and communicating or mate, on a vessel on near-coastal or requirement—for every candidate for a orders, and contributing to effective ocean service to know effective bridge- license as master, mate, or engineer on human relationships on board ship by team-work procedures as an essential a vessel on near-coastal or ocean being aware of employment conditions, element of the competence to maintain service, or for a license as operator of individual rights and obligations, a safe navigational watch. The Coast uninspected passenger vessels operating dangers of alcohol abuse, etc.). The Guard understands bridge-team-work beyond the boundary line, or for a object is to ensure that the candidate procedures to encompass the processes license for service on a MODU—to meets the standard of competence in by which the watchkeeping personnel present proof of having received personal safety and social responsibility work together efficiently and effectively approval training or instruction in set out in STCW Regulation VI/1 and in to maintain a continuously safe watch. personal survival techniques (i.e., table A–VI/1–4 in section A/VI/1 of the The concepts applied in training and survival at sea in the event of STCW Code. assessment to that end should reflect the abandoning ship). The object of the The Coast Guard is also proposing to principles of bridge-resource training is to ensure that the candidate let itself approve a course in personal management that contribute to the most meets the standard of competence in safety and social responsibilities effective performance of watchkeeping personal survival techniques set out in especially designed for a particular ship duties. In this regard, refer to the STCW Regulation VI/1 and in table VI/ or type of service. This is consistent principles of bridge-resource 1–1 in section A/VI/1 of the STCW with the exemption in section A–VI/1, management outlined in section B–VIII paragraph 3, of the STCW Code quoted Code. The Coast Guard intends to accept of the STCW Code. under paragraph (d) Personal survival (g) Practical demonstration. The Coast training and assessment which is based techniques. Guard would add a new subsection to on documented practical experience. The Coast Guard invites comments on The Coast Guard is also proposing to § 10.205 to require that, when a the scope, content, and skill-assessment approving a personal survival course of practical demonstration of a skill is techniques that belong in this limited or training especially designed for a called for under this section or under a modified training. provision of STCW referred to in this particular ship or type of service. This The Coast Guard anticipates that the is consistent with the flexibility section the candidate must provide requirements for firefighting, personal sufficient evidence that the skill has conferred by section A–VI/1, paragraph survival, and personal safety and social 3, of the STCW Code that concerns been demonstrated properly in the responsibility including pollution presence of a designated examiner. A familiarization and basic safety-training prevention can be combined into a and states that written record, including skills single course of training or instruction, demonstrated, identity of the designated [t]he Administration may, in respect of ships which also includes elementary first examiner, and the results of the other than passenger ships of more than 500 aid, to meet the basic safety-training demonstration, must be maintained in gross tonnage engaged on international requirements of section A–VI/1, the applicant’s license file. The Coast voyages and tankers, if it considers that a paragraph 2, of the STCW Code. This ship’s size and the conditions of its voyage Guard invites comments on the best are such as to render the application of the will be particularly true with respect to format for maintaining this record. For full requirements of this section of the STCW operators of uninspected passengers related proposals, refer to the discussion Code unreasonable or impracticable, exempt vessels (OUPVs) operating seaward of on tables 10.910 and 10.950. to that extent the seafarers on such a ship or the boundary line. The Coast Guard class of ships from some of the requirements, intends to develop a checklist of 9. Requirements for Raise in Grade of bearing in mind the safety of people on elementary basic safety-instruction that License board, the ship and property and the candidates for OUPV licenses could The Coast Guard would revise protection of the environment. have confirmed by boating-safety § 10.207 to require proof that candidates The Coast Guard expects to apply this instructor from the Coast Guard for a raise in grade of license have been flexibility, for instance, in approval of Auxiliary or the Red Cross, or by a examined and otherwise assessed, to personal survival training for licensed suitable official from the local establish that they meet standards of personnel serving on small vessels firefighting department. The Coast competence. In many cases, STCW will 13292 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules require assessment by examination and 11. Required use of Training—And least 30 months which includes onboard by demonstration of practical skills, Assessment—record Books training documented in an approved which will be in addition to any basic As noted, the 1995 Amendments to training-record book and meets the qualifications such as age, seagoing STCW require the use of a training- and standards of competence specified in experience, and training. assessment-record book under some section A–II/1 of the STCW Code.’’ (c) STCW Regulation IV/2 states that circumstances. The Coast Guard is 10. Requirements for Renewal of candidates for certification as persons in proposing to revise § 10.304 to require Licenses charge of or performing radio duties on use of Coast-Guard-accepted training- a ship required to participate in the and assessment-record books when The Coast Guard is proposing to add GMDSS must have completed a new subsection under § 10.209 to candidates for deck licenses are using ‘‘approved education and training and indicate that after July 31, 1998, training to substitute of service, and meet the standard of competence applicants for renewals will have to when candidates for engineer licenses specified in section A–IV/2 of the STCW meet new requirements for holding the need onboard training to meet the Code.’’ original licenses at the grades requirements of STCW. A training- and (d) STCW Regulation V/1 requires concerned. assessment-record book must provide certain personnel on tankers to have Candidates for renewal of licenses as certain basic information including an completed ‘‘an approved tanker masters or mates for service on vessels indication, by means of the initials or familiarization course’’ and ‘‘an in ocean or near-coastal service, or as signature of a clearly identified, approved specialized training program.’’ operators of uninspected passenger designated examiner, that the candidate (e) STCW Regulation V/2 requires vessels operating beyond the boundary has established, through practical certain personnel on ro-ro passenger line, will have to have the appropriate demonstrations, that he or she is ships to have completed ‘‘approved competent in each of the subjects of training or instruction in firefighting, training in crisis management and knowledge, understanding, and personal survival techniques, and human behavior.’’ proficiency set forth in the tables of the personal safety and social (f) Section A–VI of the STCW Code appropriate section in Part A of the responsibility. If the instruction took refers to ‘‘approved familiarization STCW Code. place more than 5 years ago, the training’’ for all persons employed or The Coast Guard proposes to require candidates will also have to provide engaged on seagoing ships other than the designated examiner to certify that proof that competence was assessed and passengers, and to ‘‘approved basic he or she has in fact personally validated within the last 5 years. training or instruction’’ for seafarers witnessed the practical demonstration with designated safety or pollution- Regardless of the schedule under which by the candidate. a candidate’s license is renewed, he or prevention duties. STCW requires the training- and (g) The table of competence for deck she will need to receive basic safety assessment-record book to be officers (A–II/1) refers to ‘‘approved training in accordance with dates of ‘‘approved.’’ The Coast Guard plans to radar simulator and ARPA simulator compliance established in paragraph (b) issue a NVIC or suitable regulation in training.’’ of § 15.403 for service on a seagoing due course that would set out the format (h) The tables of competence vessel. The Coast Guard intends to or formats that it will consider approved throughout part A of the STCW Code accept training and assessment which is (i.e., Coast-Guard-accepted) for the refer to ‘‘approved training,’’ ‘‘approved based on documented practical purposes of complying with this simulator training’’ and ‘‘approved experience. regulation. Formal approval would take laboratory equipment training’’ as Candidates for renewal of licenses place when the record book is submitted alternative methods constituting will also need to be trained in ARPA if as proof that competence has been evidence to prove a candidate’s they will be serving on vessels fitted assessed. competence. with ARPA and they will need to hold The Coast Guard’s current course- 12. Approved Training Other Than a Certificate for Operator of Radio in approval system, as provided in Approved Courses Global Maritime Distress and Safety §§ 10.301 to 10.307, applies only to System if they will be serving on vessels The 1995 Amendments to STCW refer specific mandatory courses such as that participate in GMDSS. to ‘‘approved training’’ in the following firefighting, radar, and first aid or eight contexts: The proposed deadline of July 31, cardiopulmonary resuscitation, and to (a) STCW Regulation II/1 states that a 1998, derives from the transitional training used as a substitute for required candidate for certification as officer in service or for a written examination. provisions of the 1995 Amendments to charge of a navigational watch must There are almost 400 Coast-Guard- STCW, which allow for a phase-in of have approved seagoing service of not approved courses. (The procedures new requirements up to August 1, 1998. less than 1 year ‘‘as part of an approved necessary to process course approvals STCW Regulation I/15 permits a Party to training program which includes appear (as outlined in NVIC 5–95, renew certificates (licenses) until onboard training which meets the ‘‘Marine Licensing Program’s Quality February 1, 2002, in accordance with requirements of section A–II/1 of the Standards System for Approved rules that will be in effect before STCW Code and is documented in an Training’’). An alternative system may February 1, 1997. However, to meet the approved training-record book.’’ In the be needed to regulate approved training target for full implementation in 2002, absence of an approved training conducted to meet STCW requirements it is necessary to process renewals in program, the candidate must have at but not used for remission of seagoing accordance with new requirements least 3 years of approved seagoing service under Part 10. beginning in 1998. service. The Coast Guard is working with With these changes, the renewal (b) STCW Regulation III/1 states that MERPAC to identify the criteria for process will conform to the a candidate for officer in charge of an instructors of approved courses. requirements of new STCW Regulation engineering watch, or for designated MERPAC is also looking at the I/11 (Revalidation of Certificates) of the duty engineer, must have completed relationship of these criteria to the 1995 Amendments. ‘‘approved education and training of at overall requirements for monitoring Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13293 training under a quality-standards 13. Radar Training subjects that can be removed from the system that ensures the meeting of The Coast Guard would revise table because not treated under STCW. training objectives. Preliminarily, the § 10.480 to require that radar simulators The Coast Guard is also proposing a MERPAC working groups engaged in used in radar training meet the new subsection to require that these efforts have settled on a concept performance standards set out in section simulators used in assessment of under which the Coast Guard would A–I/12 of the STCW Code. competency or demonstration of individually certify instructors and continued proficiency must meet the examiners whom it finds to meet 14. Requirements for Radio Operators’ Certificates appropriate performance standards set professional and instructional out in section A–I/12 of the STCW experience. The status and content of The Coast Guard would expand Code. However, simulators installed or MERPAC’s recommendations on these §§ 10.601 and 10.603 to cover brought into use before February 1, criteria will influence the final rule. certification or radio operators for 2002, would be exempt from full service on ships required to participate The Coast Guard is including in this compliance with these standards to the in GMDSS. Candidates must meet the proposed rule an alternative to its extent that they remained capable of standard of competence set forth in current course-approval system. meeting the objectives of the assessment Proposed new § 10.309 rests on the STCW Regulation IV/2 of the 1995 Amendments. of competence or demonstration of principle of self-certification with continued proficiency. minimum Coast Guard oversight based This proposal is intended to on acceptance by the Coast Guard of complement that under § 10.205, which 16. Ro-Ro Passenger Ships certain materials and procedures to would require masters and mates to The 1995 Amendments to STCW maintain standards. In other words, hold a Certificate for Operator of Radio include new special provisions for completion certificates issued by in Global Maritime Distress and Safety training programs that meet the System (GMDSS) if they serve on personnel serving on ro-ro passenger vessels that participate in GMDSS, and conditions stated in that section could ships. New STCW Regulation V/2 in with FCC regulations in 47 CFR parts 13 be accepted as meeting the ‘‘approved Chapter V of the Annex, and section A– and 80 also allows persons other than training’’ requirements of STCW when V/2 of the STCW Code, establish masters and mates to acquire radio such training is not being used for mandatory minimum standards for the operators certificates from the Coast remission of seagoing service. training and certification of masters, Guard if they have the necessary officers, ratings (i.e., unlicensed seamen This could be done by a process like training and have met standards of with certain ratings), and other that used to credit ‘‘approved seagoing competence by means of an examination personnel on ro-ro passenger ships. service’’ after the fact, on sufficient and practical demonstration. documentary proof. If the Coast Guard The Coast Guard invites comment on Because there are a number of ro-ro learned that the conditions set out in the most effective process for passenger ships documented in the new § 10.309 were not being met by a implementing the Certificate United States, of which six operate on particular training program, it would requirements for GMDSS radio operator, international voyages between the not accept certificates of completion as particularly in light of section 365 of the United States and Canada, the Coast proof that the necessary training had Telecommunications Act of 1996 which Guard is proposing to add a new subpart been completed. The conditions for promotes implementation of GMDSS on J in part 10, on ‘‘Professional conducting approved training other than U.S. vessels. requirements for officers serving on ro- approved courses are set out in new ro passenger ships,’’ to implement 15. Practical Demonstration § 10.309. STCW Regulation V/2 in the U.S. Subpart I of part 10 (§§ 10.901 This proposal is intended to comply licensing system. Primarily, the new through 10.950) is currently limited to with the requirements of new STCW subpart would incorporate by reference identification of subjects in which Regulations I/6 and I/8 of the 1995 STCW Regulation V/2 and section A–V/ candidates must be examined to qualify Amendments. STCW Regulation I/6 2 of the STCW Code. This proposed rule for certain licenses. Because concerns qualifications of those who would apply only to U.S. Ro-Ro qualification for STCW certificates or train or assess the competence of passenger ships to which SOLAS endorsements under the 1995 seafarers; and STCW Regulation I/8 Certificates are issued. Comments on Amendments to the Convention will requires that training and assessment of whether application should be typically require candidates to prove seafarers be continuously monitored expanded to other classes of U.S. ro-ro their competence by means of both an through a quality-standards system to passenger ships may be submitted to the examination and a demonstration of docket. ensure achievement of defined skills, the Coast Guard is proposing to objectives, including those concerning expand § 10.901 to cover practical The International Maritime the qualifications and experience of demonstrations. Organization (IMO) will be undertaking instructors and assessors. Proposed new § 10.901 provision further work to clarify certain The Coast Guard welcomes comments would incorporate by reference the requirements under STCW Regulation on this alternative approach, tables in Part A of the STCW Code, with V/2. In particular, the STCW of IMO particularly with respect to (a) Coast the effect of permitting candidates for will consider training in crisis Guard involvement in conducting U.S. licenses to demonstrate their management for masters and senior oversight and maintenance of standards competence by any of the methods officers. Any recommendations that through a Coast-Guard-acceptance authorized under those tables. IMO ultimately adopts in this regard procedure and (b) specific training or The table of subjects (a) adds subjects will influence the Coast Guard in instruction in instruction or assessment that will be treated under STCW; (b) approving training programs or course that those who instruct or assess highlights those subjects for which materials on this subject. candidates for STCW certificates or candidates must perform practical endorsements should be proficient in. demonstrations; and (c) suggests 13294 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

46 CFR Part 12—Certification of The Coast Guard is also proposing to training as set out in STCW Regulation Seamen allow the endorsement of an MMD to VI/1 and section A–VI/1 of the STCW indicate that the holder has received the Code (i.e., personal survival techniques; 1. Purpose of Regulations familiarization or basic safety-training firefighting and fire prevention; The Coast Guard would revise required by chapter VI of STCW as elementary first aid; and personal safety § 12.01–1 to reflect that the purpose of amended. This would not be mandatory, and social responsibilities). As in the part 12 is twofold. Part 12 is intended but it should be a convenience to those relevant parts of § 10.205, the Coast to provide, first, a means of determining who move from ship to ship, or Guard would be able to approve courses the qualifications an applicant must company to company. As in the relevant designed for particular ships or types of possess to be eligible for certification to parts of § 10.205, the Coast Guard would service, within the limits allowed by serve on U.S. merchants vessels and, be able to approve courses which are STCW. Also, as in § 10,209, an applicant second, a means of determining whether designed for particular ships or types of for renewal of an MMD with an AB an applicant is competent under STCW service, within the limits allowed by endorsement would have to prove that to serve in a particular shipboard STCW. competency was assessed within the position. The Coast Guard is also last 5 years, if instruction took place proposing to indicate that new subpart 6. Medical Fitness more than 5 years ago. 12.03 prescribes the requirements The Coast Guard is proposing to add Section 12.05–3 would also require a applicable to training and assessment a new subsection to § 12.02–17, candidate for an AB certificate for associated with meeting the standards of requiring an applicant for an MMD to service on seagoing ships of 500 GT or competence under amended STCW. present documents issued by a qualified more to meet the requirements of STCW medical practitioner attesting the Regulation II/4, and be qualified to hold 2. Incorporation by Reference (§ 12.01– applicant’s medical fitness to perform an STCW certificate or endorsement for 3) the functions for which the document is a rating forming part of a navigational The Coast Guard would introduce the issued. There are currently no medical- watch. The standard of competence set necessary language in § 12.01–3 to allow fitness requirements for entry-level out in section A–II/4 of the STCW Code technical requirements of the 1995 seamen. would be incorporated by reference. Amendments to STCW and to the STCW This proposal is intended to comply The table in section A–II/4 of the Code to be incorporated by reference with new STCW Regulation I/9 of the STCW Code includes a number of into specific rules in Part 12. 1995 Amendments, which states that subjects areas (such as use of gyro compasses, change-over from auto-pilot, 3. Definitions ‘‘each party shall establish standards of medical fitness for seafarers, maintenance of a safe watch, knowledge As noted in the discussion of particularly regarding eyesight and of EPIRBs, and avoidance of false alerts) § 10.103, the Coast Guard intends to hearing.’’ For further discussion of that are not currently required under maintain consistency in the definitions medical fitness, refer to General, at page § 12.05–9 (examination and for identical terms used in parts 10 and 9. demonstration of ability). That section 12. Consequently, the Coast Guard is The Coast Guard invites comments on would refer to the STCW table. proposing for § 12.01–6 a number of whether additional procedures or Also, each candidate would have to new definitions that correspond with criteria belong in the rule to regulate prove that he or she had a stated those proposed for § 10.103. These medical fitness of entry-level seamen. minimum of seagoing service including comprise approved training, Coast- training and experience associated with Guard-accepted, designated examiner, 7. Approved Training Other Than navigational watchkeeping under the practical demonstration, qualified Approved Courses direct supervision of the Master, the instructor, STCW endorsement, and As discussed under § 10.309, the officer in charge of the navigational standard of competence. Coast Guard is proposing an alternative watch, or a qualified rating. to the course-approval system, for The Coast Guard is also proposing to 4. When Documents are Required accepting training programs as revise § 12.05–11 (general provisions The Coast Guard would revise ‘‘approved’’ to satisfy STCW as respecting MMDs endorsed for able § 12.02–7 to require individuals serving amended. The proposal in § 12.03–1 is seaman) to indicate that, on seagoing in certain capacities on seagoing ships almost identical to the proposal in ships of 500 GT ton and more, ABs who to hold STCW certificates or § 10.309 (with necessary editorial serve in navigational watchkeeping endorsement stating that they are so adjustments to fit in the context of Part must hold STCW certificates or qualified. 12). The conditions are intended to meet endorsements for a rating forming part 5. General Provisions Respecting the quality-standards provisions of of a navigational watch and be qualified Merchant Mariner’s Document (MMD) STCW as amended. in accordance with STCW Regulation II/ 4. The Coast Guard is proposing to 8. Able Seaman revise § 12.02–11 to ensure that The Coast Guard is proposing to 9. Lifeboatman everyone qualified for an STCW revise the able seamen qualifications in The Coast Guard is proposing to certificate or endorsement is issued the Subpart 12.05 to conform with the revise the lifeboatman qualifications in appropriate certificate or endorsement requirements of the 1995 Amendments subpart 12.10 to conform with the when he or she is issued an MMD, or to STCW. requirements of the 1995 Amendments when the MMD is renewed or endorsed. Section 12.05–3 would expand the to STCW. One may be qualified to hold an reference to ‘‘lifeboatman’’ to include Section 12.10–3 would expand the endorsement for a rating forming part of everyone with ‘‘proficiency in survival reference to ‘‘lifeboatman’’ to include a navigation or engineering watch, craft and rescue boats.’’ every mariner with ‘‘proficiency in under STCW Regulation II/4 or III/4 and This section would also add a new survival craft and rescue boats.’’ This the corresponding section of the STCW subsection to require candidates for AB section would require candidates to (a) Code (A–II/4 or A–III/4), without being certificates for service on seagoing be at least 18 years of age and (b) have qualified as an AB or QMED. vessels to receive approved basic safety- a minimum of 6 months of seagoing Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13295 service when associated with approved designated to provide medical care on engine-room watchkeeping under the training. board ship. This section would direct supervision of a qualified This section would also add a new incorporate by reference the engineer officer or of a member of a subsection to require a candidate for a requirements of STCW Regulation VI/4 qualified rating. certificate for lifeboatman or survival and those of section A–VI/4 of the Section 12.15–9 would refer to table craft to receive approved basic safety- STCW Code. This allows individuals A–III/4 of the STCW Code, and would training as set out in STCW Regulation not already having to be trained in first require practical demonstration of VI/1 and section A–VI/1, paragraph 2, of aid under other regulations (e.g., abilities. the STCW Code (i.e. personal survival § 10.205(h) for licenses and certificates Section 12.15–11 would indicate that, techniques; firefighting and fire of registry) to acquire endorsements to on seagoing vessels driven by main prevention; elementary first aid; and provide medical care on board ship. propulsion machinery of 750 kW [1,000 personal safety and social hp] of propulsion power or more, responsibilities). As in the relevant parts 10. Qualified Member of the Engine QMEDs who serve in a watchkeeping of § 10.205, the Coast Guard would be Department capacity in a manned engine-room or able to approve courses designed for The Coast Guard is proposing to are designated to perform duties in a particular ships or types of service, revise the qualifications for qualified periodically unmanned engine-room within the limits allowed by the STCW. members of the engine department must hold STCW certificates or Also, a candidate for renewal of an (QMEDs) in subpart 12.15 to conform endorsements stating that they are MMD with a lifeboatman endorsement with the requirements of the 1995 qualified in accordance with STCW would have to prove that competence Amendments to STCW. Regulation III/4. Section 12.15–3 would get a new was established within the last 5 years 11. Electronics Technician if instruction took place more than 5 subsection to require candidates for years ago. QMED certificates for service on The Coast Guard would establish a Section 12.10–5 would incorporate by seagoing vessels driven by main new rating under part 12 by adding a reference the standard of competence propulsion machinery of 750 kW [1,000 section to Subpart 12.25 (Certificates of set out in STCW Regulation VI/2 and hp] of propulsion power or more to service for ratings other than AB or section A–VI/2 of the STCW Code. This receive approved basic safety-training as QMED). New § 12.25–45 would allow an would expand the coverage under this set out in STCW Regulation VI/1 and individual to hold a certificate or MMD section to such subjects as methods of section A–VI/1 of the STCW Code (i.e., stating that he or she is qualified to starting survival-craft engines use of the personal survival techniques; serve as an electronics technician on fire extinguisher provided method of firefighting and fire prevention; board a vessel. helicopter rescue, effects of elementary first aid, and personal safety Section 12.25–45 would require hypothermia, use of rescue boats for and social responsibilities, including candidates for this endorsement to persons in the sea, use of EPIRBS and pollution prevention). As in the relevant provide sufficient proof of competence. pyrotechnic distress signals, and first parts of §§ 10.205 and 12.05–3, the This would comprise (a) a certificate of aid for survivors. The Coast Guard Coast Guard would be able to approve completion from a Coast Guard- would be able to approve courses courses designed for particular ships or approved training program that includes designed for a particular class of ship or types of service, within the limits instruction and assessment by qualified type of service, to take into account allowed by the STCW. Also, as in instructors and designated examiners, such conditions as small ships required § 12.05–3, an applicant for renewal of an and makes the student complete only to carry liferafts. It would place an MMD with a QMED endorsement would appropriate examinations and practical appropriate limitation on the certificate have to prove that competency was demonstrations to establish competence issued on the basis of such training. assessed within the last 5 years if in the basic skills, knowledge, and The Coast Guard is proposing to instruction took place more than five understanding necessary to perform delete § 12.10–7. Individuals qualified years ago. maintenance, diagnosis, and repair of under STCW Regulation VI/2 must hold Section 12.15–3 would also require electronic equipment and installations certificates stating they are qualified. candidates for QMED certificates for on board ships, in accordance with the However, by policy, the Coast Guard service on seagoing vessels driven by manuals normally provided for such proposes to grandfather those who main propulsion machinery of 750 kW equipment and installations and (b) a currently hold AB endorsements. Until [1,000 hp] of propulsion power or more certificate of completion from a course August 1, 1998, it would issue to to meet the requirements of STCW approved by the FCC or Coast Guard holders of MMDs with AB Regulation III/4, and either be qualified and covering at least the scope and endorsements, endorsements for to hold an STCW certificate or content of training outlines in the proficiency in survival craft when they endorsement for a rating forming part of relevant sections of B–IV/2 of the STCW renew their MMDs. a watch in a manned engine-room or be Code relating to maintenance of GMDSS The Coast Guard is proposing to add designated to perform duties in a installations on board ships. a new § 12.10–9 on certificates of periodically unmanned engine-room. Under § 12.25–45 an individual could proficiency in fast rescue boats. This The standard of competence set out in receive an electronic-technician rating section would incorporate by reference section A–III/4 of the STCW Code without completing the GMDSS course. both the requirements of STCW would be incorporated by reference. However, in that case, the endorsement Regulation VI/2, paragraph 2, and the The table in section A–III/4 of the would contain a limitation to the effect relevant portions of section A–VI/2 of STCW Code includes a number of that the individual could not serve as the STCW Code, including table A–VI/ subjects (such as engine-room the person designated to perform at-sea 2–2. Fast rescue boats are those that can watchkeeping and knowledge of escape maintenance of GMDSS installations sustain speeds of over 20 knots with routes from machinery spaces) not when such a person was necessary to crews of 3, and over 8 knots with full currently covered under § 12.15–9. meet the maintenance requirements complements of persons and equipment. Section 12.15–7 would require a imposed by SOLAS Regulation IV/15 The Coast Guard is also proposing to minimum of seagoing service (i.e., ‘‘electronics technician—non- add a new § 12.10–11 for those performing duties associated with GMDSS)’’. When at-sea maintenance is 13296 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules to be used as a means of meeting the and electronics technician must each be training or instruction in accordance SOLAS requirement for maintenance of added to paragraph (b) or (c). with A–VI/1 of the STCW Code. GMDSS, the person designated to Designated duties for safety include 3. Employment and Service Within perform the maintenance must have an those associated with fire-team Restrictions of License or Document emergency squads and with assisting electronics-technician endorsement, (§ 15.401) without the limitation. While this passengers in emergencies. proposed rule would establish an The Coast Guard would expand this Additionally, this section would electronics-technician endorsement in section to include references to STCW provide that no person may perform part 12, the intent is not that there be certificates and endorsements. The duties on board a seagoing vessel unless any restriction on the ability of a section would also propose that, as of he or she has received the required licensed engineer to acquire the February 1, 2002, only persons with the familiarization training or instruction, endorsement. The Coast Guard solicits appropriate training and certification as or has achieved the required standard of comments on whether Part 10 should GMDSS radio operators be employed or competence through basic safety- include additional requirements on engaged as masters, chief mates, or training, as appropriate. electronics as a shipboard skill or officers in charge of navigational Under the relevant parts of §§ 10.205 responsibility, particularly in light of watches on ships required to participate and 12.02–11, the Coast Guard would be section 365 of the Telecommunications in the GMDSS system under SOLAS able to approve training designed for Act of 1996 which promotes the Chapter IV. Additionally, only persons particular ships or types of service, implementation of GMDSS on U.S. trained in the use of ARPA could be within the limits allowed by STCW. vessels. employed or engaged as masters, chief One comment submitted to the docket mates, officers in charge of navigational following the public meeting in August 12. Qualifications for Service on Ro-Ro watches, or operators of uninspected expressed concern about the application Passenger Ships passenger vessels on vessels fitted with of these requirements of familiarization The Coast Guard would add a new ARPA. These requirements would and basic safety-training to personnel subpart (§ 12.30) under part 12 to complement those for §§ 10.205 and serving on MODUs. Again, to the extent establish requirements for certification 10.209. a MODU was a seagoing ship under (i.e., by endorsement of an MMD) of Section 15.401 would also, as of STCW, the implementing regulations unlicensed seamen for service on ro-ro February 1, 2002, let only persons being proposed at this time would apply passenger ships. The requirements holding electronic-technician to its personnel. On the other hand, in would essentially incorporate by endorsements not limited to non- approving specific training, the Coast reference the provisions of STCW GMDSS electronics installations be Guard will take into consideration, and Regulation V/2 as they relate to designated to perform at-sea use as the basis for its evaluation, any personnel with specific duties on such maintenance of GMDSS installations, IMO resolutions that provide special ships, and those with duties for care of when such designation is used to meet guidance on the training of personnel on passengers. The proposed rule would the maintenance requirements imposed MODUs. by SOLAS Regulation IV/15. This would apply only to U.S. ro-ro passenger ships 5. Maintenance of Seamen’s Records by complement the proposal for § 12.25– to which SOLAS certificates are issued. Owner or Operator (§ 15.411) Comments on whether application 45. should be expanded to other classes of Section 15.401 would also allow only STCW Regulation I/14 of the 1995 ro-ro passenger ships may be submitted those with proper training under Amendments requires Administrations to the docket. subpart J of part 10 and § 12.24–30 of to impose certain responsibilities on part 12 to be employed or engaged on companies that own or operate seagoing 46 CFR Part 15—Manning ro-ro passenger ships. vessels. These responsibilities are Requirements fundamental to good management, are 4. Familiarization and Basic Safety- consistent with the principles reflected The 1995 Amendments to STCW Training (§ 15.403) contain a number of provisions that in the International Management Code affect manning and watchkeeping on The Coast Guard would implement for Safe Operation of Ships (ISM Code), seagoing vessels, as well as conditions STCW Regulation VI/1 of the 1995 and are to a large extent already covered that must be met before crewmembers Amendments by adding new § 15.403 to by domestic regulations. can be assigned to duties. The Coast Part 15 on familiarization and basic For example, the obligation under Guard is proposing to revise part 15 to safety-training. The section would item 1.1 of STCW Regulation I/14, incorporate these new requirements on propose that after February 1, 1997 no concerning the need to ensure that each U.S. merchant vessels that operate person may be assigned to perform any seafarer holds the appropriate STCW seaward of the boundary line. duties on a seagoing vessel unless he or certificate, is addressed by 46 CFR she has received approved 15.401. The obligation in item 1.2 of 1. Incorporation by Reference (§ 15.105) familiarization training in personal STCW Regulation I/14, concerning The Coast Guard would introduce the survival or has received sufficient compliance with manning requirements, necessary language in § 15.105 to allow information and instruction in a number is addressed by 46 CFR 15.401 and technical requirements of the 1995 of subjects affecting personal safety, in 15.515, and to some extent by 46 CFR Amendments to STCW and to the STCW accordance with A–VI/1 of the STCW 15.801, with statutory support (e.g., 46 Code to be incorporated by reference Code. U.S.C. 8101 (c) and (f) and 8104(j)). into specific rules in part 15. This section would also state that no Similarly, the object of item 1.4 of person may be employed or engaged in STCW Regulation I/14, ensuring that 2. Definitions (§ 15.301) any capacity on board a seagoing vessel seafarers are familiar with ship-specific The Coast Guard would revise this in the business of that vessel as part of arrangements, equipment, and so forth, section to reflect changes proposed in the crew with designated duties for before being assigned to duties, is parts 10 and 12. For example, a safety or pollution prevention in the already addressed in 46 CFR 15.405. reference to GMDSS radio operator, operation of the ship unless he or she But, because § 15.405 does not electronics technician—non-GMDSS, has received approved basic safety- explicitly require companies to ensure Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13297 that a level of familiarity has been However, in keeping with earlier The guidance in section B–VIII/1 of achieved, the Coast Guard is inviting statements in this preamble, the Coast the STCW Code also states that the comment on whether it should be Guard recognizes that IMO will be minimum rest periods should not be revised. If so, the Coast Guard also giving further consideration to issues of interpreted as implying that all other invites comments on whether the term industrial personnel. Therefore, the hours may be devoted to watchkeeping company (or, alternatively, the term proposals relating to paragraph 1.4 of or other duties. It also invites owner or operator) should be defined in STCW Regulation 1/14 should be administrations to consider a Part 15. The Coast Guard also invites understood not to apply to industrial requirement for recordkeeping to ensure comments on how § 15.405 should be personnel on MODUs or research compliance with that for hours of the revised to effectively implement personnel on research vessels. Such rest. paragraph 2 of section A.I/14 of the personnel, however, would be subject to One comment submitted in response STCW code, which states the following: the familiarization and basis safety to the notice published on August 2, 1995 [60 FR 39306], expressed concern The company shall provide written training requirements, of STCW instructions to the master of each ship to Regulation VI/I, as described in section that an individual serving in a two- which the Convention applies, setting forth 4. watch rotation on a towing vessel would be considered unfit for duty if he or she the policies and the procedures to be 6. Watchkeeping Arrangements followed to ensure that all seafarers who are got only 5 hours of sleep in one 6-hour newly employed on board the ship are given The Coast Guard is proposing to off-duty period, and 2 hours of sleep in a reasonable opportunity to become familiar revise § 15.705 (Watches) by requiring the next off-duty period. The Coast with the shipboard equipment, operating masters on seagoing vessels to observe Guard does not view the rest-hour procedures and other arrangements needed the principles on watchkeeping requirements of STCW as mandating a for the proper performance of their duties, before being assigned to those duties. arrangements set out in STCW period in which the individual Regulation VIII/2 of the 1995 concerned is actually in his or her bunk To some extent, the requirements for Amendments. asleep. However, over any period of 24 maintaining certain records, as set out 7. Workhours and Rest Periods hours, the watchkeeping personnel must in item 1.3 of STCW Regulation I/14, are be provided the opportunity for an already addressed by statutory and The Coast Guard is proposing to uninterrupted period of rest for at least regulatory provisions on shipping implement the rest-hour requirements of 6 hours, and an additional 4-hour articles and other records of seamen STCW Regulation VIII/1 of the 1995 period during which no duties are (e.g., 46 U.S.C. 10302, 10320, and 10502 Amendments, and of section A–VIII/1 of assigned or performed. The operative and 46 CFR part 14). Additionally, it is the STCW Code, by adding new word is ‘‘opportunity’’. This would not considered routine practice for U.S. subparagraphs to § 15.710. Essentially, prevent a person from attending to companies that employ seaman to the STCW Amendments will require routine personal affairs, or engaging in maintain a personnel record for each that every person assigned duty as an recreational or other off-duty activities. employee, or to ensure that one is officer in charge of a watch or as a rating Another comment submitted on this maintained by an agency acting on forming part of a watch shall receive a matter suggested that the rest-hour behalf of the company in such matters minimum of 10 hours of rest in any 24- requirements of STCW could have an (such as a labor union that has entered hour period. These 10 hours of rest may adverse impact on the operation of into a collective-bargaining agreement). be divided into two parts as long as one towing vessels and small passenger Taking the above into account, the segment is at least 6 hours. vessels because it would permit a 14- rule proposed as § 15.411 focuses on the Deviation from the requirement for 10 hour workday or a 98-hour workweek, recordkeeping requirements in STCW total and 6 continuous hours of rest is in violation of U.S. statutory and Regulation I/14 of the 1995 permissible in the case of ‘‘an regulatory provisions that limit the Amendments. The object is to allow emergency or drill or in other overriding number of hours a seaman may be companies a suitable range of flexibility operational conditions.’’ Additionally, required to work. for complying with these requirements the 10 hours of rest in a 24-hour period Note, however, that the introduction in a manner most consistent with good may drop to 6 consecutive hours in a of a rest-hour requirement into U.S. management. Furthermore, the policy of 24-hour period over 2 days, as long as regulations would not change any the Coast Guard will be to presume, in the watch-keeper receives 70 hours of existing work-hour limits or rest-hour the absence of information to the rest in each 7-day period. Watch requirements that apply to personnel on contrary, that companies holding valid schedules that ensure compliance with U.S. vessels. Limits that apply to ISM certificates, issued in accordance these rest-hour requirements must be seagoing ships under 46 U.S.C. 8104 with the appropriate international, and posted when they are easily accessible and 46 CFR 15.705 and 15.710 would domestic regulations, are fulfilling their to watchkeeping personnel and to port- remain fully in effect. Additionally, obligations under STCW Regulation I/ control officers in foreign ports. operators of towing vessels and tankers 14. Section B–VIII/1 of the STCW Code already have to comply with both the One comment submitted in response provides some guidance on the meaning work-hour limits under 46 U.S.C. to the notice published on August 2, of the terms used in section A–VIII/1, 8104(h) and 8104(n), respectively, and 1995 [60 FR 39306], asked that the and on the correct interpretation of the the rest-hour requirements under STCW requirements of item 1.4 of STCW rest-hour requirements when calculating and 46 U.S.C. 8104(a). Regulation I/14 (on familiarization with workhours outside of the periods of In any specific set of circumstances, specific equipment and procedures) not watchkeeping responsibility. For the stricter rule would apply. For be extended to apply to duties of instance, it construes the phrase example, although the rest-hour industrial personnel on industrial ‘‘overriding operational conditions’’ to requirements proposed here would vessels (e.g., MODUs) or research crew mean ‘‘only essential shipboard work technically permit the operator of a on research vessels. The Coast Guard which cannot be delayed for safety or seagoing towing vessel to stand watch would not expect this proposed rule to environmental reasons or which could for up to 14 hours a day, 46 U.S.C. impose an unreasonable obligation on not reasonably have been anticipated at 8104(h) would limit the operator to no companies that employ such personnel. the commencement of the voyage.’’ more than 12 hours in a 24-hour period. 13298 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

Similarly, although 46 U.S.C. 8104(n) Executive Order 12866 and does not owner/operator costs, and government technically permits a mate on a tanker require an assessment of potential costs costs. to work up to 15 hours in a 24-hour and benefits under section 6(a)(3) of that The Coast Guard estimates that period, the rest-hour requirements Order. It has not been reviewed by the approximately 12,000 seafarers apply proposed here would limit his or her Office of Management and Budget under for MMDs annually. Approximate costs periods of duty to not more than 14 that Order. It is not significant under the of $1,900,000 annually are estimated for hours in that same 24-hour period, regulatory policies and procedures of mariners certifying their medical fitness unless there were an emergency or other the Department of Transportation (DOT) when applying for an MMD. overriding operational condition; and [44 FR 11040 (February 26, 1979)]. Deck, radio, and other officers will be then an adjustment would subsequently A preliminary regulatory assessment required to demonstrate competency be necessary to ensure that the mate has been prepared and is available for and knowledge in a combination of received 70 hours of rest in 7 days. inspection where indicated under courses including GMDSS, ARPA, Although calculating work and rest ADDRESSES. Personal Survival, Personal Safety and may be complex under some non- The regulatory assessment is Social Responsibility, and Bridge routine circumstances, the Coast Guard preliminary at this stage. The Coast Teamwork. The Coast Guard estimates considers the STCW rest-hour Guard published a notice of inquiry on that as many as 4,091 officers may be requirements of STCW and the existing November 13, 1995 [60 FR 56970], to affected annually while the proposed work-hour limits in U.S. statutes and solicit information that would be useful regulation has a high level of flexibility regulations to be compatible and in calculating the costs and benefits of built into it for mariners, the Coast enforceable, and in keeping with the implementing the 1995 Amendments to Guard has assumed that mariners will object of safe watchkeeping. STCW. Some of those calling the Coast attend formal, classroom courses to comply with the requirements. Annual Further comment to the docket is Guard to discuss the notice said they training costs for deck, radio, and other welcome, on the implementation of the could not give a detailed or accurate rest-hour requirement, and particularly officers are estimated at $21,804,580. assessment of impacts until they had Engineering officers will be required on the extent to which the terms rest seen the specific proposals. Others hours and overriding operational to demonstrate competence and indicated they did not foresee a cost knowledge in a combination of courses conditions should be clarified or impact since they felt that their current interpreted either in this proposed rule including Personal Survival, Personal practices and procedures generally Safety and Social Responsibility, and itself or in the policy on its conformed with the requirements of the enforcement. Comment is also welcome Electronic and Control Engineering. The amendments to STCW. Coast Guard estimates that as many as on the kinds of shipboard activity (such To a great extent, the STCW revisions as personal housekeeping) that should 645 engineering officers may be affected are introducing, as requirements, annually. Annual training costs for be allowed to watchkeeping personnel practices already successfully promoted who are off duty and on the need for engineering officers are estimated at through the current U.S. regulations $3,247,575. recordkeeping to ensure compliance (e.g., use of approved training, and the with the rest-hour requirements. ABs will be required to demonstrate use of simulators in training as competence and knowledge in a Incorporation by Reference predicates of remission of seagoing combination of courses including The following material would be service). In most cases, the new Personal Survival, Personal Safety and incorporated by reference in §§ 10.102, requirements would involve Social Responsibility, Shipboard 12.01–3, and 15.105: Amendments to modification or enhancement of existing Orientation, Firefighting and Fire the Annex to the International training and oversight rather than Prevention, and estimates that as many Convention on Standards of Training, establishment of new programs. as 1,369 ABs may be affected annually. Certification and Watchkeeping for The Coast Guard estimates that the Annual training costs for ABs are Seafarers, 1978, and the associated proposal will affect approximately estimated at $11,568,050. Seafarers’ Training, Certification and 19,500 seafarers over a 5-year period. QMEDs will be required to Watchkeeping (STCW) Code, as adopted The estimated composition of this group demonstrate competence and under resolutions 1 and 2, respectively, is 10,335 deck and other officers, 1,755 knowledge in a combination of courses by the Conference of Parties to the engineering officers, 3,900 able seamen, including Personal Survival, Personal International Convention on Standards and 3,510 qualified members of the Safety and Social Responsibility, of Training, Certification and engineering department. Shipboard Orientation, and Firefighting Watchkeeping for Seafarers, 1978, held The approximate vessel population and Fire Prevention. The Coast Guard at IMO from June 26 to July 7, 1995. that operate outside the boundary line estimates that as many as 1,253 QMEDs Copies of the material are available for and may be affected by the proposed may be affected annually. Annual inspection where indicated under regulation are 136 MODUs; 95 industrial training costs for QMEDs are estimated ADDRESSES. Copies of the material are vessels; 271 freight ships; 103 oil at $7,580,650. also available from IMO, 4 Albert recovery vessels; 696 offshore supply Ro/Ro personnel will be required to Embankment, London, SE1 7SR, vessels; 20 passenger vessels; 2,112 attend specialized training including England, telephone in London 0171– small passenger vessels; 14 research crowd management, passenger safety, 735–7611. vessels; 14 maritime school ships; 162 cargo safety, and hull integrity. The Before publishing a final rule, the tank ships; 15 towboats and tugboats; Coast Guard estimates that this may Coast Guard will submit this material to 462 tank barges; 3 ferries; and 486 affect 225 Seafarers every 5 years. the Director of the Federal Register for freight barges. Estimated annual cost is $67,500. The Coast Guard has estimated a new approval of the incorporation by Costs reference. electronics technician rating for vessels The Coast Guard estimates that costs equipped with GMDSS. Electronic Regulatory Evaluation fall into the following categories: technicians will be required to This proposed rule is not a significant medical fitness, training costs, training demonstrate competence and regulatory action under section 3(f) of infrastructure costs, company and/or knowledge to perform maintenance, Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13299 diagnosis and repair of electronic $45,789,021 in 1997, $36,218,521 in 1998–2001, and 55 in 2002–2003, the equipment and installations. The Coast 1998, $35,568,521 in 1999 through benefits will exceed the costs. Guard estimates that this may affect 2001, $12,767,724 in 2002, and The complex cumulative effect of 1,128 Seafarers. The Coast Guard has $13,200,224 in 2003. The present value human error makes it difficult to estimated this as a one-time cost of of the costs of this proposed regulation quantify the exact benefits of the $6,204,000. discounted at 7 percent to 1997 would proposed rulemaking. One way to The Coast Guard has determined that total $172,685,673. reduce the risks associated with human training infrastructure costs include Benefits error in operating seagoing ships is to QSS, Approved Instructor, Designated ensure that seafarers maintain the Examiner, Capital Investments, and The Coast Guard has determined that highest practicable standards of Course Development. the proposed rule has potential training, certification, and competence. For QSS, the Coast Guard estimates economic benefits and a potential to The proposal is intended to reduce the that 100 training institutions may be reduce marine casualties. risk of maritime casualties and pollution affected at an initial cost of $7,500, Economics play a significant role in incidents caused by human error. $1,000 annual maintenance costs, and safety. While the U.S. commercial fleet Benefits are expected to accrue from a an independent evaluation estimated at has long been among the safest in the reduction of shipboard accidents and $5,000. Total cost is estimated at world, differences between U.S. injuries because personnel will have an $1,750,000. standards and those of other maritime increased awareness of safe shipboard For Approved Instructors, the Coast nations put our vessels at a competitive practices. As the Coast Guard reviews Guard estimates that 1,500 instructors at disadvantage. Responsible operators can comments resulting from the proposal 100 training institutions may be be forced to operate with lower profit and formulates a final rule, further affected. Annual approved instructor margins and less capital to invest in safe review of benefits based on risk is costs are estimated at $1,500,000. operations, and in some cases forced out anticipated. For Designated Examiners, the Coast of the market entirely. More aggressively Small Entities Guard estimates each will be required to holding all ships to the same standards provide 20 hours of service. Annual set for U.S. ships is key to shifting the Under the Regulatory Flexibility Act designated examiner costs are estimated balance. This proposal would allow the [5 U.S.C. 601 et seq.], the Coast Guard at $3,900,000 for 1997 through 2001 and U.S. to hold mariners aboard all vessels must consider whether this proposal, if $780,000 for 2002 through 2003. entering its ports to the same adopted, would have a significant The Coast Guard has determined that competency standards which the U.S. economic impact on a substantial there are likely to be some GMDSS and holds its own vessels, without foreign number of small entities. ‘‘Small ARPA Capital Investments necessary by retaliation. Consequently, U.S. vessels entities’’ may include independently training institutions to accommodate the visiting foreign ports would not be faced owned and operated small businesses anticipated annual through-put of deck with increased scrutiny that could result that are not dominant in their field and and other officers. A one-time cost of in costly vessel delays. Such delays that otherwise qualify as ‘‘small $3,160,000 is estimated. would otherwise likely decrease the business concerns’’ under Section 3 of The Coast Guard has determined that value of trade carried in U.S. bottoms. the Small Business Act (15 U.S.C. 632). there are likely to be some course- Conversely, under this proposal, the ‘‘Small entities’’ also include small not- development costs associated with the U.S. could expect to increase its market for-profit organizations and small proposed rulemaking. A one-time cost share of cargo carried which could governmental jurisdictions. of $889,000 is estimated. result from the more even competitive The proposed rule has built in The Coast Guard has determined that playing field accorded U.S. and foreign sufficient flexibility and options to costs for companies and for owners and fleets because of this proposal. allow small entities to comply with its operators are likely to include those Appendix F provides a summary of the proposed requirements at modest cost. associated with rest-hour and value of U.S. international trade and For the most part, it is expected to affect recordkeeping requirements. The Coast Guard has determined that ocean trade worldwide. only large business enterprises and rest-hour requirements are likely to U.S. ships only carry about 8 percent individuals mariners. There is no affect 83 vessels annually. Crew of the value of U.S. export trade and 7 requirement that one entity perform all augmentation costs for these vessels is percent of the value of U.S. import the STCW training and assessment estimated at $2,120,650 annually. trade. If, as a result of complying with requirements that are being proposed. The Coast Guard has determined that international standards proposed in this Those small entities engaged in records on Seafarer training and rulemaking, U.S. vessels gain one tenth training may choose to obtain competence, medical fitness, and rest of one percent of the value of U.S. assessment from individual qualified hour requirements will be required. The international trade in any given year of assessors who may also be organized as Coast Guard estimates that this will implementation (approximately small entities. The Coast Guard does not likely affect 19,500 seafarers annually at $56,000,000), the annual benefits will limit the arrangements as to who may an estimated cost of $1,462,500. outweigh the costs. offer instruction or assessment. Any The Coast Guard does not anticipate On average, there were 29 fatalities combination may be used by a mariner any additional costs in implementing and 76 injuries annually as a result of to achieve the desired qualifications the regulation at this time. errors that potentially could be linked to licenses, or certificates. training deficiencies. The training The proposed rule applies to Total Costs required by this proposal has the individual mariners and allows for Costs of the proposal are forecast to potential to significantly decrease the small entities to remain in and actively 2003. The Coast Guard estimates that number of fatalities and injuries in compete in the maritime-training sector these requirements will be fully maritime transportation. Based on the of the maritime industry with options to integrated into the marine infrastructure $27,700,000 value of a human life, if teach and assess as many courses or by 2003 and, thus, a regular part of this proposal causes a reduction in the functions as any entity chooses. The doing business. Costs are estimated at number of fatalities by 17 in 1997, 13 in proposal covers requirements that 13300 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules would not begin to go into effect until engaged on their ships. The records comments both to OMB and to the Coast early 1997, through the phase-in period. could be maintained by a third party on Guard where indicated under Because of these accommodations and behalf of the company, but they would ADDRESSES. characteristics, the Coast Guard certifies need to be readily accessible to those in Federalism under 5. U.S.C. 605(b) that this proposal management responsible for the safety will not have a significant economic of vessel operations and the prevention The Coast Guard has analyzed this impact on a substantial number of small of marine pollution. The recordkeeping proposal under the principles and entities. requirement would be in effect only criteria contained in Executive Order Collection of Information during the period of service of the 12612 and has determined that this seaman concerned. proposal does not have sufficient Under the Paperwork Reduction Act The proposed rest-hour schedule federalism implications to warrant the [44 U.S.C. 3501 et seq.], the Office of would require documentation necessary preparation of a Federalism Assessment. Management and Budget (OMB) reviews for the safe operation of the vessel. This This rulemaking should not have a each proposed rule that contains a would ensure that the crew was direct impact on State, local, or tribal collection-of-information requirement to informed of rest-hour requirements. governments. However, States that determine whether the practical value of The proposed recordkeeping generally operate or charter maritime-training the information is worth the burden reflects routine practices for U.S. ship- institutions would have to bring the imposed by its collection. Collection-of- operating companies and training relevant training programs into line information requirements include institutions. However, the international with the new requirements. For the reporting, recordkeeping, notification, rules in STCW were drafted to apply to most part, the existing State-sponsored and other, similar requirements. companies and training programs maritime-training institutions have This proposal contains collection-of- worldwide. In due course, by its programs that would need little information requirements in the obligation under STCW as amended, the adjustment to meet the new following sections: 10.304 (training and United States must demonstrate to the requirements. And the accreditation assessment-record books); 10.309 and IMO that it has in place certain specific process for these institutions should 12.03–1 (approved training); and 15.411 regulations that implement the satisfy the new quality-assurance (maintenance of seamen’s records by international rules. provisions. owner or operator). The following particulars apply: Dot No: 2115. Environment Training conducted on board ships, Administration: U.S. Coast Guard. The Coast Guard considered the when part of an approved program Title: Implementation of the 1995 environmental impact of this proposed based on 1 year of seagoing service for Amendments to the International rule proposal and concluded that, under deck licenses (6 months for engineer Convention on Standards of Training, paragraph 2.B.2.e(34)(C) of licenses), would have to make use of a Certification and Watchkeeping for Commandant Instruction M16475.1B, training- and assessment-record book to Seafarers, 1978 (STCW). this rulemaking is categorically document that required training and Need for Information: To ensure excluded from further environmental assessment of competency has been compliance with international documentation. completed properly. The books would requirements, and to maintain an This rulemaking would have no direct be submitted to the Coast Guard as part acceptable level of quality in the environmental impact. The of an application for a license. training and assessment of merchant The QSS that would monitor training mariners. implementation of the 1995 and assessment to ensure that they were Proposed use of Information: The Amendments to STCW should reduce meeting objectives would compel Coast Guard would have access to the risk that human error will result in organizations offering training to information to monitor compliance with a maritime casualty or pollution document certain information and to regulations and to identify where incident by ensuring that seafarers on maintain records for 1 year. The records corrective action may be needed. Coast seagoing ships are meeting the highest would cover such matters as the course Guard officials involved in issuing practicable standards of competence. syllabus, students performance, and the licenses, documents, and STCW However, there are few objective criteria qualifications of instructors and certificates would have a reliable source for quantifying the reduction in this examiners. Additionally, an for determining whether training and risk. A ‘‘Categorical Exclusion independent evaluation would need to assessment had been completed by Determination’’ is available in the be documented periodically. Records candidates in accordance with domestic docket for inspection or copying where would be subject to review by the Coast and international rules. indicated under ADDRESSES. Guard in its oversight function to ensure Frequency of Response: Under this List of Subjects that training and assessment satisfy proposed rule, records would have to be minimum conditions. maintained for 1 year. In one case a 46 CFR Part 10 The proposed rule would allow for certification of continued compliance Fees, Marine safety, Incorporation by wide variation in the means for would have to be provided to the Coast reference, Reporting and recordkeeping complying with new requirements to Guard once a year. requirements, Schools, Seamen, Vessels. ensure that the scope of the QSS is Burden Estimate: 40,215 hours. reasonably related to the scope of Respondents: 28,645. 46 CFR Part 12 training and assessment conducted by Form(s): N/A. Fees, Marine safety, Incorporation by the entity concerned. Average Burden-Hours per reference, Reporting and recordkeeping Companies owning or operating U.S.- Respondent: 1.4 hours. requirements, Schools, Seamen, Vessels. documented seagoing vessels would The Coast Guard has submitted the have to arrange for the maintenance of requirements to OMB for review under 46 CFR Part 15 certain records concerning the medical § 3504(h) of the Paperwork Reduction Marine safety, Navigation (water), fitness, experience, training, and Act. Persons submitting comments on Incorporation by reference, Reporting competence, of the seamen employed or the requirements should submit their and recordkeeping requirements, Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13301

Schools, Seamen, Vessel manning, Register and the material must be designated by the Coast Guard or by a Vessels. available to the public. All approved Coast-Guard-approved program of For the reasons set out in the material is available for inspection at training or assessment. preamble, the Coast Guard proposes to the Office of the Federal Register, 800 * * * * * amend 46 CFR parts 10, 12, and 15 as North Capitol Street NW., Suite 700, Practical demonstration means the follows: Washington, DC, and at the U.S. Coast performance of an activity under the Guard, Operating and Environmental PART 10ÐLICENSING OF MARITIME direct observation of a designated Standards Division, 2100 Second Street PERSONNEL examiner for the purpose of establishing SW., Washington, DC 20593–0001, and that the performer is sufficiently 1. the authority citation for part 10 is available from the sources indicated continues to read as follows: proficient in a practical skill to meet a in paragraph (b) of this section. specified standard of competence or Authority: 31 U.S.C. 9701; 46 U.S.C. 2103, (b) The material approved for 7101, 7106, 7107; 49 CFR 1.45, 1.46; § 10.107 other objective criterion. incorporation by reference in this part Qualified instructor means an also issued under the authority of 44 U.S.C. and the sections affected are as follows: 3507. individual who has been trained or instructed in instructional techniques 2. Section 10.101 is amended by International Maritime Organization and is otherwise qualified to provide revising paragraphs (a) and (c) to read as (IMO) required training to candidates for follows: 4 Albert Embankment, London, SE1 licenses, documents, and endorsements. § 10.101 Purpose of regulations. 7SR, England. * * * * * (a) The purpose of the regulations in Amendments to the Annex to the Standard of competence means the this part are to provide— International Convention on Standards (1) A comprehensive means of of Training, Certification and level of proficiency to be achieved for determining the qualifications an Watchkeeping for Seafarers, 1978 the proper performance of duties on applicant must possess to be eligible for (STCW), and the associated Seafarers’ board vessels in accordance with a license as deck officer, engineer, pilot, Training, Certification and national and international criteria. radio officer, or radio operator on Watchkeeping Code (STCW Code), as STCW endorsement means a merchant vessels, or for a license to adopted under resolutions 1 and 2, certificate or endorsement issued in operate uninspected towing vessels or respectively, by the Conference of accordance with the International uninspected passenger vessels, or for a Parties to the International Convention Convention on Standards of Training, certificate of registry as staff officer; and of Standards of Training, Certification Certification and Watchkeeping for (2) A means of determining that an and Watchkeeping for Seafarers, 1978, Seafarers, 1978, as amended (STCW). applicant is competent to serve as a held at IMO from June 26 to July 7, An STCW endorsement issued by the master, chief mate, officer in charge of 1995—10.103; 10.205; 10.304; 10.480; Officer in Charge, Marine Inspection, a navigational watch, chief engineer 10.602; 10.901. will be valid only when accompanied officer, second engineer officer, officer 4. Section 10.103 is amended by by the appropriate U.S. license or in charge of an engineering watch, adding in alphabetical order the document; and, if the license or designated duty engineer, or radio following new definitions to read as document is revoked, then the operator, in accordance with the follows: associated STCW endorsement will no provisions of the International § 10.103 Definitions of terms used in this longer be valid for any purpose. Convention on Standards of Training, part. * * * * * Certification and Watchkeeping for Approved training means training that 5. In § 10.107, paragraph (b)(3) is Seafarers, 1978, as amended (STCW), is approved by the Coast Guard or meets added to read as follows: and to receive the appropriate certificate the requirements of § 10.309. § 10.107 Paperwork approval. or endorsement as required by STCW. * * * * * * * * * * * * * * * Coast-Guard-accepted means that the (b) * * * (c) The regulations in subpart C of this Coast Guard has officially (3) OMB 2115—46 CFR 10.304, part prescribe the requirements acknowledged in writing that the 10.309. applicable to— material or process at issue meets the 6. In § 10.201, paragraph (a) is revised (1) Each approved training course if applicable requirements; that the Coast to read as follows: the training course is to be acceptable as Guard has issued an official policy a partial substitute for service or for a statement listing or describing the § 10.201 Eligibility for licenses and required examination, or as training material or process as meeting the certificates of registry, general. required for a particular license or applicable requirements; or that an license endorsement; and entity acting on behalf of the Coast (a) The applicant shall establish to the (2) All training and assessment Guard under a Memorandum of satisfaction of the Officer in Charge, associated with meeting the standards of Agreement has determined that the Marine Inspection (OCMI), that he or competence established by STCW. material or process meets the applicable she possesses all of the qualifications 3. Section 10.102 is added to read as requirements. necessary (e.g., age, experience, follows: * * * * * character references and § 10.102 Incorporation by reference. Designated examiner means an recommendations, physical (a) Certain material is incorporated by individual who has been trained or examination, citizenship, approved reference into this part with the instructed in techniques of training or training, passage of a professional approval of the Director of the Federal assessment and is otherwise qualified to examination, as appropriate, and, when Register under 5 U.S.C. 552(a) and 1 evaluate whether a candidate for a required by this part, a practical CFR part 51. To enforce any edition license, document, or endorsement has demonstration of skills) before the other than that specified in paragraph achieved the level of competence OCMI will issue a license or certificate (b) of this section, the Coast Guard must required to hold the license, document, of registry. publish notice of change in the Federal or endorsement. This individual may be * * * * * 13302 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

7. In § 10.202, paragraph (j) is added certificate of completion from an (2) The officer in charge, Marine to read as follows: approved course or approved training Inspection (OCMI), may accept a on an ARPA simulator. The course must certificate of completion from an § 10.202 Issuance of licenses and be sufficient to establish that the approved course or approved training in certificates of registry. applicant is competent to maintain safe firefighting designed for a particular * * * * * navigation through the proper use of ship or type of service; however, in that (j) When an original license is issued, ARPA, by correctly interpreting and case the OCMI will limit the renewed, upgraded, or otherwise analyzing the information obtained from endorsement by indicating the ship or modified, the Officer in Charge, Marine that device and taking into account both type of service. Inspection (OCMI), will determine the limitations of the equipment and the (n) Personal safety and social whether the holder of the license must prevailing circumstances and responsibilities. (1) Applicants for hold an STCW certificate or conditions. The simulator used in the licenses in the following categories shall endorsement for service on a seagoing course must meet or exceed the each present a certificate of completion vessel and, if so, and if the holder is performance standards established from an approved course or approved qualified, will issue the appropriate under STCW Regulation I/12 of the 1995 training in personal safety and social certificate or endorsement. The OCMI Amendments. responsibilities. The course must be will also issue an STCW certificate or (2) Training and assessment in the use sufficient to establish that the applicant endorsement at other times, if of ARPA is not required for those who meets the standard of competence under circumstances so require and if the serve exclusively on ships not fitted STCW Regulation VI/1 and table A–VI/ holder of the license is qualified to hold with ARPA. However, when the 1–4 of the STCW Code. The course must the certificate or endorsement. simulator training has not been have been completed 5 years or less 8. In § 10.205, paragraph (g) is revised, completed, the license must be before the date of application for the and paragraphs (k), (l), (m), (n), (o), and endorsed to indicate this limitation. license requested: (p) are added, to read as follows: (l) Certificate for operator of radio in (i) All masters’ or mates’ licenses for the Global Maritime Distress and Safety service on vessels in ocean or near- § 10.205 Requirements for original licenses and certificates of registry. System (GMDSS). (1) Subject to coastal service. paragraph (l)(2) of this section, (ii) All licenses for operators of * * * * * candidates for all masters’ or mates’ uninspected passenger vessels for (g) Firefighting certificate. (1) licenses for service on vessels in ocean service beyond the boundary line. Applicants for licenses in the following or near-coastal service shall each (iii) All licenses for service on mobile categories shall each present a present either a certificate for operator offshore drilling units. certificate of completion from an of radio in the GMDSS issued by the (iv) All engineers’ licenses. approved course or approved training in Federal Communication Commission (2) The officer in charge, Marine firefighting. The course must be (FCC) or a certificate of completion from Inspection (OCMI), may accept a sufficient to establish that the applicant a Coast-Guard- or an FCC-approved certificate of completion from an meets the standard of competence in course for operator of radio in the approved course or approved training in basic and advanced firefighting set forth GMDSS. The course must be sufficient firefighting designed for a particular in STCW Regulations VI/1 and VI/3. to establish that the applicant is ship or type of service; however, in that The course must have been completed competent to perform radio duties on a case, the OCMI will limit the 5 years or less before the date of ship participating in the GMDSS and endorsement by indicating the ship or application for the license requested: meets the standard of competence under type of service. (i) All masters’ or mates’ licenses for STCW Regulation IV/2 of STCW. (o) Procedures for bridge team-work. service on vessels in ocean or near- (2) Candidates intending to serve only Candidates for all masters’ or mates’ coastal service. on ships not required to comply with licenses for service on vessels in ocean (ii) All licenses for operators of the provisions of the GMDSS in Chapter or near-coastal service shall each uninspected passenger vessels for IV of SOLAS need not comply with present sufficient documentary proof service beyond the boundary line. those of paragraph (k)(1) of this section. that they understand and can effectively (iii) All licenses for service on mobile (m) Personal survival techniques. (1) apply procedures for bridge team-work offshore drilling units. Applicants for licenses in the following as an essential aspect of maintaining a (iv) all engineers’ licenses. categories shall each present a safe navigational watch, taking into (2) The officer in charge, Marine certificate of completion from an account the principles of bridge- Inspection (OCMI), may accept a approved course or approved training in resource management enumerated in certificate of completion from an personal survival techniques. The section B–VIII/2 of the STCW Code. approved course or approved training in course must be sufficient to establish (p) Practical demonstration of skills. firefighting designed for a particular that the applicant meets the standard of Candidates for original licenses must ship or type of service; however, in that competence under STCW Regulation VI/ each successfully complete any case, the OCMI will limit the 1 and table A–VI/1–1 of the STCW practical demonstrations required under endorsement by indicating the ship or Code. The course must have been this part and appropriate to the type of service. completed 5 years or less before the date particular licenses concerned, to prove * * * * * of application for the license requested: that they are sufficiently proficient in (k) Competence in the use of (i) All masters’ or mates’ licenses for skills required under subpart I of this Automatic Radar-Plotting Aids (ARPA). service on vessels in ocean or near- part. The OCMI must be satisfied as to (1) Subject to paragraph (j)(2) of this coastal service. the authenticity and acceptability of all section, all candidates for masters’ or (ii) All licenses for operators of evidence that each candidate has mates’ licenses for service on vessels in uninspected passenger vessels for successfully completed those ocean or near-coastal service, or for service beyond the boundary line. demonstrations in the presence of a licenses for operators of uninspected (iii) All licenses for service on mobile designated examiner. The OCMI will passenger vessels for service beyond the offshore frilling units. place in each candidate’s file a written boundary line, shall each present a (iv) All engineers’ licenses. record of the skills required, the results Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13303 of the practical demonstrations, and the license for operator of an uninspected employer, job title, ship name or identification of the designated passenger vessel for service beyond the business address, number of any Coast examiner in whose presence those boundary line, shall meet the applicable Guard license or document held, and occurred. requirements of §§ 10.205(k), 10.205(l), personal signature. 9. In § 10.207, the section heading, the and 10.205(o) if he or she has not (8) Identification of each designated heading for paragraph (c), and previously done so. examiner by full name, home address, paragraph (c)(1) are revised to read as 11. In § 10.304, the heading is revised employer, job title, ship name or follows: and paragraphs (e), (f), and (g) are added business address, number of any Coast to read as follows: Guard license or document held, and § 10.207 Requirements for raise in grade personal signature confirming that his of license. § 10.304 Substitution of training for or her initials certify that he or she has * * * * * required service, and use of training- and witnessed the practical demonstration assessment-record books. (c) Age, experience, training, and of a particular task or skill by the assessment. (1) Applicants for a raise of * * * * * candidate. grade of licenses shall establish that (e) Where a candidate for ocean and 12. Section 10.309 is added to read as they possess the age, experience, and near-coastal deck licenses uses follows: training qualifications necessary, and completion of approved training to that they have been examined and substitute for required service, then not § 10.309 Approved training other than approved courses. otherwise assessed as may be required less than 1 year of the remaining service by this part to establish competence to must be part of approved training that (a) When the training and assessment hold the particular license requested, meets the appropriate requirements of of competence required by these before they are entitled to a raise in Chapter II of STCW and the regulations are not subject to § 10.302 of grade of license. requirements of subpart C of this part. this part and are not being used to substitute for seagoing service, they * * * * * The candidate’s training must be documented in a Coast-Guard-accepted must meet the following requirements: 10. In § 10.209, paragraphs (k), (l), and (1) The training and assessment (m) are added to read as follows: training- and assessment-record book. (f) Each candidate for an engineer’s program must have written, clearly § 10.209 Requirements for renewal of licenses for service on seagoing vessels defined objectives that emphasize licenses and certificates of registry. shall complete onboard training as part specific knowledge, skills, and abilities, * * * * * of approved training that meets the and include criteria to use in (k) After July 31, 1998, each applicant appropriate requirements of Chapter III establishing a candidate’s successful for renewal of a license in any of the of STCW and the requirements of achievement of the objectives. (2) The training must be set out in a following categories shall meet the subpart C of this part. The training must written syllabus that conforms to a applicable requirements of §§ 10.205(g), be documented in a Coast-Guard- Coast-Guard-accepted outline for such 10.205(l), and 10.205(m) unless he or accepted training- and assessment- training and includes— she has previously done so: record book. (i) The sequence of subjects to be (1) All masters’ or mates’ licenses for (g) The training- and assessment- covered; service on vessels in ocean or near- record book referred to in paragraphs (e) (ii) The number of classroom hours in coastal service. and (f) of this section must contain at the presence of a qualified instructor to (2) All licenses for operators of least the following: be spent on each subject; uninspected passenger vessels for (1) Identification of the candidate, (iii) The identity and professional service beyond the boundary line. including full name, home address, qualifications of the instructor(s) to be (3) All licenses for service on mobile photograph or photo-image, and conducting the training; offshore drilling units. personal signature. (iv) The identification of other media (4) All engineers’ licenses. (2) The objectives of the training and or facilities to be used in conducting (l) After July 31, 1998, each applicants assessment. training; and for renewal of a license in any of the (3) The tasks to be performed or the (v) Measurements at appropriate following categories of license shall skills to be demonstrated, based on the intervals of each candidate’s progress provide evidence of having both standards of competence set forth in the toward acquisition of the specific demonstrated competence in tables of the appropriate sections in Part knowledge, skills, and abilities stated in firefighting, personal survival A of the STCW Code. the objectives. techniques, and personal safety and (4) The criteria to be used in (3) Except as provided in paragraphs social responsibility and been examined determining that the tasks or skills have (a)(4) and (a)(5) of this section, or continuously assessed in these areas been performed properly, based on the documentary evidence must be readily as part of an approved training program, standards of competence set forth in the available to establish that all within the previous 5 years: tables of the appropriate sections in Part instructors— (1) All masters’ or mates’ licenses for A of the STCW Code. (i) Have experience, training, or service on vessels in ocean or near- (5) A place for a qualified instructor instruction in effective instructional coastal service. to indicate by his or her initials that the techniques; (2) All licenses for operators of candidate has received training in the (ii) Are qualified in the task for which uninspected passenger vessels for proper performance of the task or skill. the training is being conducted; and service beyond the boundary line. (6) A place for a qualified examiner to (iii) Hold the level of license, (3) All licenses for service on mobile indicate by his or her initials that the endorsement, or other professional offshore drilling units. candidate has successfully completed a credential required of those who would (4) All engineers’ licenses. practical demonstration and has proved apply, on board a vessel, the relevant (m) After July 31, 1998, each competent in the task or skill under the level of knowledge, abilities, and skills applicant for renewal of any master’s or criteria. described in the training objectives. mate’s license for service on vessels in (7) Identification of each qualified (4) Neither a specialist in a particular ocean or near-coastal service, or any instructor by full name, home address, field of non-maritime education, such as 13304 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules mathematics or first aid, nor an relating to paragraphs (a)(1) through Distress and Safety System (GMDSS) of individual with at least 3 years of (a)(10) of this section. Chapter IV of SOLAS. service as a member of the Armed (b) The Coast Guard will maintain a 15. In § 10.603, the heading is revised, Forces of the United States specializing list of training each of whose providers and paragraphs (d) and (e) are added to in the field in which he or she is to annually submits a certificate, signed by read as follows: conduct training, need hold a maritime the provider or its authorized license or document to conduct training representative, starting that the training § 10.602 Requirements for radio offices' licenses and radio operators' certificates. in that field. fully complies with requirements of this (5) A simulator may be used in section. Training on this list will * * * * * training if— presumptively offer the training (d) Each applicant for a radio (i) The simulator meets applicable necessary for licenses and STCW operator’s certificate required for service performance standards; endorsements under this part. The Coast on ships subject to the Global Maritime (ii) The instructor has gained practical Guard will update this list periodically Distress and Safety System (GMDSS) operational experience on the particular and make it available to members of the shall provide evidence that he or she type of simulator being used; and public on request. meets the standard of competence set (iii) The instructor employing the (c) If the Coast Guard determines, on out in STCW Regulation IV/2 including simulator has received appropriate the basis of observations or conclusions the competence to transmit and receive guidance in instructional techniques either of its own or by those monitoring information using subsystems of involving the use of simulators. the training, that particular training GMDSS, to fulfill the functional requirements of GMDSS, and to provide (6) Essential equipment and does not satisfy one or more of the radio services in emergencies. instructional materials must afford all conditions described in paragraph (a) of (e) Evidence required by paragraph (d) candidates adequate opportunity to this section— of this section must include a certificate participate in exercises and acquire (1) The Coast Guard will so notify the of completion of a Coast Guard- practice in performing required skills. provider of the training by letter approved or FCC-approved course on (7) A process or routinely assessing enclosing a report of the observations the GMDSS. the effectiveness of the instructors, and conclusions; 16. In § 10.901, paragraphs (c) and (d) including the use of confidential (2) The provider will have a specified are added to read as follows: evaluations by candidates, must be in period to appeal the conclusions to the place. appropriate official at Coast Guard § 10.901 General provisions. (8) Records of candidates’ Headquarters, or to bring the training into compliance; and * * * * * performance must be maintained for at (c) Each applicant for a license for least a year. (3) If the appeal is denied—or the deficiency is not corrected in the service in the following capacities on (9) To ensure that the training is allotted time, or within any additional vessels that operate beyond the meeting its objectives and the period held by the Coast Guard, boundary line must also provide requirements of paragraph (a) of this considering progress toward sufficient documentary evidence that he section, its offeror must monitor it at compliance, to be appropriate—the or she has successfully performed suitable intervals in accordance with a Coast Guard will remove the training practical demonstrations using one or Coast-Guard-accepted quality-standards from the list referred to in paragraph (b) more of the methods for demonstrating system, which must include the of this section until it can verify full competence authorized under the tables following features: compliance; and it may deny set out under the appropriate (i) Those monitoring the trading, shall applications based in whole or in part regulations of STCW: be persons knowledgeable about the on training not on the list until (1) Deck Department—(i) Officer in subjects being monitored and about the additional training or assessment can be charge of the navigational watch on national and international requirements documented. seagoing ships of 500 gross tons or that apply to the training, and they shall 13. In § 10.480, paragraph (d)(1) is more. not themselves be involved in the added and paragraph (d)(20 is added (ii) Officer in charge of the training. and reserved to read as follows: navigational watch on seagoing ships of (ii) Those monitoring the training less than 500 gross tons not engaged on must enjoy convenient access to all § 10.480 Radar observer. near-coastal voyages. appropriate documents and facilities, * * * * * (iii) Officer in charge of the and opportunities both to observe all (d) * * * navigational watch on seagoing ships of appropriate activities and to conduct (1) Each applicant for an STCW less than 500 gross tons engaged on confidential interviews when necessary. certificate or endorsement as master or near-coastal voyages. (iii) Arrangements must be such as to deck officer must complete approved (iv) Master and chief mate on seagoing ensure that persons monitoring the radar-simulator training that meets the ships of 3,000 gross tons or more. training are not penalized or rewarded, appropriate requirements of sections A– (v) Master and chief mate on seagoing directly or indirectly, by the sponsor of I/12 and A–II of the STCW Code. ships of between 500 and 3,000 gross the training for making any particular * * * * * tons or more. observations or for reaching any 14. Section 10.601 is revised to read (vi) Master on seagoing ships of less particular conclusions. as follows: than 500 gross tons not engaged on near- (10) Those monitoring the training coastal voyages. shall communicate their conclusions to § 10.601 Applicability. (vii) Master on seagoing ships of less the Coast Guard within 1 month of the This subpart provides for the than 500 gross tons engaged on near- completion of the monitoring. licensing of radio officers for coastal voyages. (11) Upon prior notice by the Coast employment on vessels, and for the (2) Engine Department—(i) Officer in Guard, those providing the training certification of radio operators for charge of the an engineering watch in a shall let the Coast Guard observe the service on ships subject to the manned engine-room on a seagoing training and review documentation provisions on the Global Maritime ship. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13305

(ii) Designated duty engineer in a kW [1,000 hp] and 3,000 kW [4,000 hp] coastal license is subject to an periodically unmanned engine-room on of propulsion power or more. assessment of his or her command of the a seagoing ship. (d) Simulators used in assessment of practical skills included within each (iii) Chief engineer officer of a competence under paragraph (c) of this professional topic, as well as to a seagoing ship driven by main section must meet the appropriate written test of his or her knowledge. On propulsion machinery of 3,000 kW performance standards set out in section each topic indicated by a ‘‘T’’ he or she [4,000 hp] of propulsion power or more. A–I/12 of the STCW Code. However, is subject only to an assessment of (iv) Second engineer officer of a simulators installed or brought into use evidence obtained from his or her seagoing ship driven by main before February 1, 2002, need not meet completion of approved training. On propulsion machinery of 3,000 kW them so far as they fulfill the objectives each topic indicated by an ‘‘A’’ he or [4,000 hp] of propulsion power or more. of the assessment of competence or she is subject only to an assessment of (v) Chief engineer officer of a seagoing demonstration of proficiency. ship powered by main propulsion 17. In § 10.910, the introductory text his or her command of those practical machinery of between 750 kW [1,000 and table 10.910–2 are revised to read skills. hp] and 3,000 kW [4,000 hp] of as follows: * * * * * propulsion power or more. (vi) Second engineer officer of a § 10.910 Subjects for deck licenses. BILLING CODE 4910±14±M seagoing ship driven by main On each topic indicated by an ‘‘X’’, propulsion machinery of between 750 each applicant for an ocean or near- 13306 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13307 13308 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13309 13310 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

BILLING CODE 4910±14±C Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13311

18. Section 10.950 is revised to read approved training. On each topic vessels. When such a license is as follows: indicated by an ‘‘A’’ he or she is subject necessary for these vessels, the owner or only to an assessment of his or her operator is responsible for the engineer’s § 10.950 Subjects for engineer licenses. practical skills assessed by an competence in the operation of steam (a) On each topic indicated by an ‘‘X’’, established regime of on-board practical propulsion. Engineer licenses endorsed each applicant for an engineering factors, simulator demonstration, or a for steam must first hold a comparable license is subject to a written test of his combination. license for motor-driven vessels and or her knowledge. On each topic (b) A distinct engineering license for attend a course approved for limited indicated by a ‘‘T’’, he or she is subject steam-driven vessels of limited power or steam engines. only to an assessment of evidence tonnage is no longer practicable, obtained from his or her completion of because of the small number of these BILLING CODE 4910±14±M 13312 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13313 13314 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

BILLING CODE 4910±14±C Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13315

19. Subpart J, consisting of §§ 10.1001 Seafarers, 1978, as amended (STCW), acknowledged in writing that the through 10.1005, is added to read as and to receive the certificate or material or process at issue meets the follows: endorsement required by STCW. applicable requirements; that the Coast Subpart JÐRo-Ro Passenger Ships (b) The regulations in subpart 12.03 of Guard has issued an official policy this part prescribe the requirements statement listing or describing the Sec. applicable to all training and assessment material or process as meeting the 10.1001 Purpose or regulations. 10.1003 Definitions. associated with meeting the standards of applicable requirements; or that an 10.1005 General requirement for license- competence established by STCW. entity acting on behalf of the Coast holders. 3. Section 12.01–3 is added to read as Guard under a Memorandum of follows: Agreement has determined that the Subpart JÐRo-Ro Passenger Ships material or process meets the applicable § 12.01±3 Incorporation by reference. requirements. § 10.1001 Purpose of regulations. (a) Certain material is incorporated by Designated examiner means an The purpose of the regulations in this reference into this part with the individual who is trained or instructed subpart is to establish requirements for approval of the Director of the Federal in assessment techniques and is officers serving on roll-on/roll-off (ro-ro) Register under 5 U.S.C. 552(a) and 1 otherwise qualified to evaluate whether passenger ships. CFR part 51. To enforce any edition a candidate for a license, document, or other than that specified in paragraph § 10.1003 Definitions. endorsement has achieved the level of (b) of this section, the Coast Guard must Roll-on/roll-off (ro-ro) passenger ship competence required to hold the publish notice of change in the Federal license, document, or endorsement. means a passenger ship with ro-ro cargo Register and the material must be spaces or special-category spaces as This individual may be designated by available to the public. All approved the Coast Guard, or is designated as part defined in the International Convention material is available for inspection at for the Safety of Life at Sea, 1974, as of a Coast Guard-approved training or the Office of the Federal Register, 800 assessment program. amended (SOLAS), and to which a North Capitol Street NW., Suite 700, * * * * * SOLAS certificate is issued. Washington, DC, and at the U.S. Coast Practical demonstration means the Guard, Operating and Environmental § 10.1005 General requirement for license- performance of an activity under the Standards Division, 2100 Second Street holders. direct observation of a designated SW., Washington, DC, and is available To serve on a ro-ro passenger ship examiner for the purpose of establishing from the sources indicated in paragraph after January 30, 1997, a person licensed that the performer is sufficiently (b) of this section. as master, chief mate, licensed mate, proficient in a practical skill to meet a (b) The material approved for chief engineer, or licensed engineer specified standard of competence or incorporation by reference in this part shall meet the appropriate requirements other objective criterion. and the sections affected are as follows: of STCW Regulation V/2 and section A– Qualified Instructor means an V/2 of the STCW Code, and hold International Maritime Organization individual who has been trained or documentary evidence to show his or (IMO) instructed in instructional techniques her meeting these requirements. 4 Albert Embankment, London, SE1 and is otherwise qualified to provide required training to candidates for PART 12ÐCERTIFICATION OF 7SR, England. licenses, documents, and endorsements. SEAMEN Amendments to the Annex to the International Convention on Standards * * * * * 1. The authority citation for part 12 of Training, Certification and Standard of competence means the continues to read as follows: Watchkeeping for Seafarers, 1978 level of proficiency to be achieved for Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, (STCW), and the associated Seafarers’ the proper performance of duties on 2103, 2110, 7301, 7302, 7503, 7505, 7701; 49 Training, Certification and board vessels in accordance with CFR 1.46. Watchkeeping Code (STCW Code), as national and international criteria. 2. Section 12.01–1 is revised to read adopted under resolutions 1 and 2, STCW endorsement means a as follows: respectively, by the Conference of certificate or endorsement issued in Parties to the International Convention accordance with the International § 12.01±1 Purpose of regulations. on Standards of Training, Certification Convention on Standards of Training, (a) The purposes of the regulations in and Watchkeeping for Seafarers, 1978, Certification and Watchkeeping for this part are to provide— held at IMO from June 26 to July 7, Seafarers, 1978, as amended (STCW). (1) A comprehensive and adequate 1995—12.01–1; 12.01–6; 12.02–7; An STCW endorsement issued by the means of determining the identity or the 12.02–11; 12.05–3; 12.05–7; 12.10–3; Officer in Charge, Marine Inspection qualifications an applicant must possess 12.10–9; 12.10–11; 12.15–3; 12.15–7; shall be valid only when accompanied to be eligible for certification to serve on 12.25–45; 12.30–5. by the appropriate U.S. license or merchant vessels of the United States; 4. Section 12.01–6 is amended by document; and if the license or and adding in alphabetical order the document is revoked, then the (2) A means of determining that an following new definitions to read as associated STCW endorsement is no applicant is competent to serve in a follows: longer valid for any purpose. ‘‘rating forming part of a navigational 5. In § 12.02–7, paragraphs (d) and (e) watch’’ or a ‘‘rating forming part of an § 12.01±6 Definitions of terms used in this are added to read as follows: engine-room watch’’, or is otherwise part. ‘‘designated to perform duties in a Approved training means training that § 12.02±7 When documents are required. periodically unmanned engine-room’’, is approved by the Coast Guard or * * * * * on a seagoing ship, in accordance with otherwise meets the requirements of (d) Every individual serving as a the provisions of the International § 12.03–1. rating forming part of a navigational Convention on Standards of Training, Coast-Guard-accepted means that the watch on a seagoing ship of 500 gross Certification and Watchkeeping for Coast Guard has officially tons or more shall hold an STCW 13316 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules endorsement certifying him or her as § 12.02±17 Rules for the preparation and (A) A specialist in a particular field of qualified to perform the navigational issuance of documents. non-maritime education, such as function at the support level, in * * * * * mathematics or first-aid, and an accordance with STCW. (e) An applicant for a merchant individual with at least 3 years of (e) Every individual who are serving mariner’s document shall provide a service as a member of the Armed in a rating forming part of a watch in a document issued by a qualified medical Forces of the United States specializing manned engine-room or designated to practitioner attesting the applicant’s in the field in which he or she is to perform duties in a periodically medical fitness to perform the functions conduct training, need not hold a unmanned engine-room, on a seagoing for which the document is issued. maritime license or document to ship driven by main propulsion * * * * * conduct training in that field; and machinery of 750 kW [1,000 hp] of 8. Subpart 12.03, consisting of (B) A simulator may be used in propulsion power or more, shall hold an § 12.03–1, is added to read as follows: training if— (1) The instructor employing the STCW endorsement certifying him or Subpart 12.03ÐApproved Training her as qualified to perform the marine- simulator has received appropriate engineering function at the support Sec. guidance in instructional techniques 12.03–1 Approved training other than involving the use of simulators; level, in accordance with STCW. approved courses. 6. In § 12.02–11, the heading is (2) The instructor has gained practical revised, and paragraphs (h) and (i) are Subpar 12.03ÐApproved Training operational experience on the particular added, to read as follows: type of simulator being used; and § 12.03±1 Approved training other than (3) The simulator meets applicable § 12.02±11 General provisions respecting approved courses. performance standards. merchant mariners' documents. (a) When training and assessment of (4) Essential equipment and * * * * * competence required by these instructional materials must be (h) When a merchant mariner’s regulations is not subject to the course- conveniently available to allow all document is issued, renewed, or approval provisions of § 10.302 of this students adequate opportunity to endorsed, the Officer in Charge, Marine chapter, such training and assessment participate in exercises and acquire Inspection (OCMI), will determine must meet the following requirements: practice in performing required skills. whether the holder of the document is (1) The program must have written, (5) A process of routinely assessing required to hold an STCW endorsement clearly defined objectives that the effectiveness of the instructors, for service on a seagoing vessel and, if emphasize specific knowledge, skills, including the use of confidential so, and if the holder is qualified, will and abilities, and include criteria to be student evaluations, must be in place. issue the appropriate endorsement. The used in establishing a student’s (6) Records of student performance OCMI will also issue an STCW successful achievement of the training must be maintained for a period of not endorsement at other times, if objectives. less than 1 year. (7) A process must be in place for circumstances so require if the holder of (2) The course of training must be set monitoring at suitable intervals that the and the document is qualified to hold out in a written syllabus which training program is meeting its training the endorsement. The OCMI will issue conforms to a Coast-Guard-accepted objectives and is consistently applying an STCW endorsement for the following outline for such training and includes— the requirements in accordance with a ratings: (i) The sequence of subjects to be Coast Guard-accepted quality-standards (1) A rating forming part of a covered; (ii) The number of classroom hours system, which shall include, as a navigational watch on a seagoing ship of minimum, the following: 500 gross tons or more if the holder of (i.e., in the presence of a qualified instructor) to be spent on each subject; (i) Those monitoring the training the document is qualified in accordance program shall be individuals who are with STCW Regulation II/4 and section (iii) The identify and professional qualifications of the instructor(s) to be knowledgeable about the subject area A–II/4 of the STCW Code, to perform being monitored and about the national the navigational function at the support conducting the training; (iv) Identification of other media or and international requirements which level. facilities to be used in conducting the apply to the training program, and they (2) A rating forming part of a watch training; and shall not themselves be involved in the in a manned engine-room, if the holder (v) Measurements at appropriate activities being monitored. of the document is designated to intervals of each student’s progress (ii) Persons engaged to conduct perform duties in a periodically toward acquisition of the specific monitoring of training programs must be unmanned engine-room, on a seagoing knowledge, skills and abilities stated in provided convenient access to all ship driven by main propulsion the training objectives. appropriate documents and facilities, as machinery of 750 kW [1,000 hp] of (3) Documentary evidence must be well as opportunities to observe all propulsion power or more and if the readily available to establish that all appropriate activities, and to conduct holder is qualified in accordance with instructors— confidential interviews when necessary. STCW Regulation III/4 and section A– (i) Have experience, training, or (iii) Arrangements shall be such as to III/4 of the STCW Code, to perform the instruction in effective instructional ensure that persons performing marine-engineering function at the techniques; monitoring activities shall not be support level. (ii) Are qualified in the task for which directly or indirectly penalized or (i) At the request of the holder of the the training is being conducted; and rewarded by the sponsor of the training document, the OCMI may add an (iii) Hold the level of license, program being monitored for making endorsement to indicate that the holder endorsement, or other professional any particular observations or for has received familiarization or basic credential required of those who would reaching any particular conclusions. safety-training required under, Chapter apply, on board a vessel, the relevant (8) The results of the monitoring must VI of STCW. level of knowledge, abilities, and skills be communicated to the Coast Guard 7. In § 12.02–17, paragraph (e) is described in the training objectives; within 1 month of completion of those added to read as follows: provided, however— activities. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13317

(9) Upon prior notification by the (d) Pass an examination seaman may serve in any unlicensed Coast Guard, an opportunity must be demonstrating ability as an able seaman rating in the deck department without provided for the Coast Guard to observe and lifeboatman with proficiency in obtaining an additional endorsement; training activities and review survival craft and rescue boats; provided, however, that the holder shall documentation relating to paragraphs * * * * * hold the appropriate STCW (a)(1) through (a)(10) of this section. (f) Complete approved basic safety- endorsement when serving in a ‘‘rating (b) The Coast Guard will maintain a training as set out in STCW Regulation forming part of a navigational watch’’ on list of training programs which annually VI/1 and section a–VI/1 of the STCW a seagoing ship of 500 gross tons or submit a certification, signed by the Code. This training must encompass more. sponsor or an authorized representative personal survival, firefighting and fire * * * * * of the sponsor, stating that the program prevention, elementary first aid, and is conducted in a manner which fully personal safety and social 12. In § 12.10–3, the heading, complies with the requirements in responsibilities. The Coast Guard may paragraph (a) introductory text, and offering a specified course of approved approve a basic safety-training program paragraph (a)(6) are revised, and training. Programs on this list will be designed for a particular ship or type of paragraph (c) is added, to read as presumptively considered to offer service; however, in that case, the Coast follows: approved training for the purposes of Guard will limit the endorsement by § 12.10±3 General requirements. evaluating materials supporting indicating the ship or type of service. applications for licenses and STCW The training must have been completed (a) To be eligible for certification as endorsements under this part. This list 5 years or less before the date of lifeboatman with proficiency in survival shall be updated periodically and made application for the endorsement. For craft and rescue boats, an applicant available to members of the public on renewal, the applicant shall prove that shall be at least 18 years of age, shall request. his or her competence in all the subjects meet the requirements of STCW (c) If the Coast Guard determines, on encompassed by the training has been Regulation VI/2, paragraph 1, and the the basis of an observation of training assessed and established within the last appropriate provisions of section A–VI/ activities or a review of relevant 5 years; and 2 of the STCW Code, and shall meet one documentation, that a particular (g) Meet the requirements of STCW of the following requirements: program does not meet one or more of Regulation II/4 and section A–11/4 of * * * * * the conditions described in paragraph the STCW Code, if the applicant will be (a) of this section— serving in a rating forming part of a (6) Successful completion of a (1) The Coast Guard will so notify the navigational watch on a seagoing ship of training course, approved by the managers or sponsors of the program by 500 gross tons or more. Commandant, that includes a minimum letter enclosing a report of the Coast 10. In § 12.05–7, paragraph (a)(5) is of 30 hours’ actual lifeboat training; Guard’s observations and its added before the note to read as follows: provided that the applicant produces conclusions; evidence of having served a minimum § 12.05±7 Service or training requirements. of 6 months at sea aboard ocean or (2) The managers or sponsors of the (a) * * * coastwise vessels. program will have a specified period to (5) For a candidate to qualify to * * * * * appeal the Coast Guard’s conclusions to receive an STCW endorsement for the appropriate official at Coast Guard service in a ‘‘rating forming part of a (c) To be eligible for certification as Headquarters, or to come into navigational watch’’ on a seagoing ship lifeboatman with proficiency in survival compliance with the requirement where of 500 gross tons or more, the craft and rescue boats, an applicant the program has been found to be candidate’s seagoing service must shall receive approved basic safety- deficient; and include training and experience training as set out in STCW Regulation (3) If the appeal is denied, or the associated with navigational VI/1 and section A–VI/1 of the STCW deficiency is not corrected in the watchkeeping and involve the Code. This training must encompass allotted time, or within any additional performance of duties carried out under personal survival, firefighting and fire period considered by the Coast Guard to the direct supervision of the master, the prevention, elemental first aid, and be appropriate considering progress officer in charge of the navigational personal safety and social toward compliance, the training watch, or a qualified rating. The training responsibilities. The Officer in Charge, program shall be removed from the list and experience must be sufficient to Marine Inspection (OCMI), may approve referred to in paragraph (b) of this establish that the candidate has a basic safety-training program designed section until full compliance can be achieved the required standard of for a particular ship or type of service; established by the Coast Guard, and competence prescribed in table A–II/4 however, in that case, the OCMI will applications which are based in whole of the STCW Code, in accordance with limit the endorsement by indicating the or in part on training received from a the methods of demonstrating particular ship or type of service. The program at a time when it was not on competence and the criteria for training must have been completed 5 the list may be denied until additional evaluating competence specified in that years or less before the date of training or assessment can be table. application for the endorsement. For documented. * * * * * renewal, an applicant shall prove that 9. In § 12.05–3, paragraph (d) is 11. In § 12.05–11, the heading and his or her competence has been assessed revised, paragraph (e) is amended by paragraph (a) are revised to read as and established within the last 5 years. removing the period at the end and follows: adding a semicolon in its place, and § 12.10±7 [Reserved]. paragraphs (f) and (g) are added to read § 12.05±11 General provisions respecting 13. Section 12.10–7 is removed and as follows: merchant mariner's document endorsed for service as able seaman. reserved. § 12.05±3 General requirements. (a) The holder of a merchant mariner’s 14. Section 12.10–9 is added to read * * * * * document endorsed for the rating of able as follows: 13318 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

§ 12.10±9 Certificates of proficiency in fast endorsement. For renewal, the applicant machinery of 750 kW [1,000 hp] rescue boats. shall prove that his or her competence propulsion power or more. (a) Every person engaged or employed in all the subjects encompassed by the 19. Section 12.25–45 is added to read in a rating as a lifeboatman with training has been assessed and as follows: proficiency in fast rescue boats shall established within the last 5 years. § 12.25±45 Electronics technician. hold a certificate of proficiency in these (e) To be eligible for certification as boats or a merchant mariner’s document (a) An applicant is eligible to have his qualified member of the engine or her merchant mariner’s document endorsed for proficiency in them. department, an applicant shall meet the (b) To be eligible for a certificate of endorsed for the rating of electronics requirements of STCW Regulation III/4 technician if he or she holds a certificate proficiency in fast rescue boats or a and section A–II/4 of the STCW Code, merchant mariner’s document endorsed of completion from— if he or she will be either serving in a (1) Approved training that includes for proficiency in these boats, an rating forming part of a watch in a instruction and assessment by qualified applicant must— manned engine-room or designated to instructors and designated examiners, (1) Be qualified as a lifeboatman with perform duties in a periodically and requires the student both to proficiency in survival craft and rescue unmanned engine-room on a seagoing complete appropriate examinations and boats under this subpart; and ship driven by main propulsion practical demonstrations to establish (2) Provide sufficient proof that he or machinery of 750 kW [1,000 hp] competence in the basic knowledge, she has met the requirements for propulsion power or more. understanding, and skills necessary to training and competence of STCW 17. in § 12.15–7, paragraph (c) is perform maintenance, diagnosis, and Regulation VI/2, paragraph 2, and the added to read as follows: repair of electronic equipment and appropriate requirements of section A– installations on board ships and to make VI/2 of the STCW Code. § 12.15±7 Service or training requirements. practical use of maintenance and repair 15. Section 12.10–11 is added to read * * * * * manuals provided for such equipment as follows: (c) To qualify to receive an STCW and installations; or § 12.10±11 Requirements for those endorsement as ‘‘rating forming part of (2) An FCC- or Coast-Guard-approved designated to provide medical care on a watch in a manned engine-room or course that covers at least the scope and board ship. designated to perform duties in a content of training outlined in section (a) Every person designated to provide periodically unmanned engine-room’’ B–IV/2 of the STCW Code for training medical first aid on board ship, or to on a seagoing vessel driven by main in maintenance of GMDSS installations take charge of medical care on board propulsion machinery of 750 kW [1,000 on board ships. ship, shall hold documentary evidence hp] propulsion power or more, an (b) Only an applicant fulfilling the indicating that the holder has attended applicant shall prove seagoing service requirements of paragraph (a)(2) of this a course of training in medical first aid that includes training and experience section may be designated to perform at- or medical care, as appropriate. associated with engine-room sea maintenance requirements imposed (b) The Coast Guard will issue such watchkeeping and involves the by SOLAS Regulation IV/15. documentary evidence to the person, or performance of duties carried out under (c) An applicant fulfilling only the endorse his or her license or document, the direct supervision of a qualified requirements of paragraph (a)(1) of this on being satisfied that the training engineer officer or a member of a section will have his or her document required under paragraph (a) of this qualified rating. The training must be endorsed as follows: ‘‘electronics section was sufficient to establish that sufficient to establish that the applicant technician—non-GMDSS.’’ No one he or she meets the standards of has achieved the standard of whose document bears this competence set out in STCW Regulation competence prescribed in table A–I/4 of endorsement may be designated to VI/4 and the provisions of section A–VI/ the STCW Code, in accordance with the perform at-sea maintenance of GMDSS 4 of the STCW Code. methods of demonstrating competence installations when such a designation is 16. In § 12.15–3, paragraphs (d) and and the criteria for evaluating used to meet the maintence (e) are added to read as follows: competence specified in that table. requirements imposed by SOLAS 18. in § 12.15–11, the heading is Regulation IV/15. § 12.15±3 General requirements. 20. Subpart 12.30, consisting of revised, paragraphs (a) through (j) are 12.30–1 through 12.30–5, is added to * * * * * redesignated as paragraphs (1) through read as follows: (d) To be eligible for certification as (10), the introductory text is designated qualified member of the engine as paragraph (a), and paragraph (b) is Subpart 12.30ÐRo-Ro Passenger Ships department, an applicant shall complete added, to read as follows: approved basic safety-training as set out Sec. in STCW Regulation VI/1 and section § 12.15±11 General provisions respecting 12.30–1 Purpose of regulations. A–VI/1 of the STCW Code. This training merchant mariner's document endorsed for 12.30–3 Definitions. must encompass personal survival, service as qualified member of the engine 12.30–5 General requirements. firefighting and fire prevention, department. elementary first aid, and personal safety * * * * * Subpart 12.30ÐRo-Ro Passenger and social responsibilities. The Officer (b) The holder of a merchant Ships in Charge, Marine Inspection (OCMI), mariner’s document endorsed for the § 12.30±1 Purpose of regulations. may approve a basic safety-training rating of qualified member of the engine The purpose of the regulations in this program designed for a particular ship department shall hold the appropriate subpart is to establish requirements for or type of service; however, in that case, STCW endorsement when either serving certification of seamen serving on roll- the OCMI will limit the endorsement by in a ‘‘rating forming part of a watch in on/roll-off (Ro-Ro) passenger ships. indicating the particular ship or type of a manned engine-room or designated to service. The training must have been perform duties in a periodically § 12.30±3 Definitions. completed within 5 years or less before unmanned engine-room’’ on a seagoing Roll-on/roll-off (Ro-Ro) passenger ship the date of application for the vessel driven by main propulsion means a passenger ship with ro-ro cargo Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13319 spaces or special-category spaces as held at IMO from June 26 to July 7, no person may employ or engage any defined in the International Convention 1995—15.401; 15.403; 15.705. person to serve, and no person may for the Safety of Life at Sea, 1974, as 3. In § 15.301, the periods at the ends serve, in a rating forming part of a watch amended (SOLAS), and to which a of paragraphs (b)(7) and (b)(10) are in a manned engine-room, nor may any SOLAS Certificate is issued. removed, a semicolon is added in each person be designated to perform duties MMD means merchant mariner’s place, the word ‘‘and’’ is added after the in a periodically unmanned engine- document. semicolon after paragraph (b)(10), and room, except for training or for the paragraph (b)(11) is added; and performance of duties of an unskilled 12.30±5 General requirements. paragraphs (c)(7) and (c)(8) are added to nature, unless the person serving holds To serve on a ro-ro passenger ship paragraph (c) as that paragraph will an appropriate, valid STCW certificate after January 30, 2002, a person holding stand after the revision effective on or endorsement issued in accordance an MMD and performing duties toward March 31, 1996, all to read as follows: with part 12 of this chapter. safety, cargo-handling, or care for (f) After January 31, 2002, on a passengers shall meet the appropriate § 15.301 Definitions of terms used in this part. seagoing vessel required to comply with requirements of STCW Regulation V/2 provisions of the Global Maritime and section A–V/2 of the STCW Code, * * * * * Distress and Safety System (GMDSS) in and have his or her MMD endorsed to (b)* * * Chapter IV of SOLAS, no person may (11) GMDSS radio operator. show his or her meeting those employ or engage any person to serve, (c) * * * requirements. and no person may serve, as the master, (7) Electronics technician. chief mate, or officer of the navigational PART 15ÐMANNING REQUIREMENTS (8) Electronics technician—Non- watch, unless the person serving holds GMDSS. 1. The authority citation for part 15 the appropriate Certificate for Operator continues to read as follows: * * * * * of Radio in Global Maritime Distress 4. In § 15.401, the heading is revised, and Safety System (GMDSS). Authority: 46 U.S.C. 3703, 8105; 49 CFR the existing text is designated as 1.46. (g) After January 31, 1997, on a paragraph (a), and paragraphs (b), (c), seagoing vessel required to comply with 2. Section 15.105 is added to subpart (d), (e), (f), (g), (h), and (i) are added, to provisions of the GMDSS in Chapter IV A to read as follows: read as follows: of SOLAS, no person may employ or § 15.105 Incorporation by reference. § 15.401 Employment and service within engage any person to serve, and no (a) Certain material is incorporated by restrictions of license, document, and person may serve, as the person reference into this part with the STCW endorsement. designated to perform at-sea approval of the Director of the Federal * * * * * maintenance of GMDSS installations, Register under 5 U.S.C. 552(a) and 1 (b) On a vessel operating beyond the when such designation is used to meet CFR part 51. To enforce any edition boundary line, no person may employ the maintenance requirements imposed other than that specified in paragraph or engage any person to serve, and no by STCW Regulation IV/15, unless the (b) of this section, the Coast Guard must person may serve, in a position in person serving holds an electronic- publish notice of change in the Federal which a person shall hold an STCW technician endorsement not limited to Register and the material must be endorsement, including master, chief non-GMDSS electronic installations. available to the public. All approved mate, chief engineer, second engineer, (h) After January 31, 2002, on a material is available for inspection at officer of the navigational or engineering seagoing vessel fitted with an Automatic the Office of the Federal Register, 800 watch, or radio operator, unless the Radar-Plotting Aid (ARPA), no person North Capitol Street NW., Suite 700, person serving holds an appropriate, may employ or engage any person to Washington, DC and at the U.S. Coast valid STCW certificate or endorsement serve, and no person may serve, as the Guard, Operating and Environmental issued in accordance with part 10 or 12 master, chief mate, or officer of the Standards Division, 2100 Second Street of this chapter. navigational watch, unless the person SW., Washington, DC 20593–0001, and (c) On a seagoing vessel of 500 gross serving has been trained in the use of is available from the sources indicated tons or more, no person may employ or ARPA in accordance with § 10.205 or in paragraph (b) of this section. engage any person to serve, and no § 10.209 of this chapter. (b) The material approved for person may serve, in a rating forming (i) The provisions of paragraphs (b) incorporation by reference in this part part of the navigational watch, except through (g) of this section are effective and the sections affected are as follows: for training, unless the person serving as of August 1, 1998. holds an appropriate, valid STCW 5. Section 15.403 is added to read as International Maritime Organization certificate or endorsement issued in follows: (IMO) accordance with part 12 of this chapter. 4 Albert Embankment, London, SE1 (d) After January 31, 1997, no person § 15.403 Familiarization and basic safety- 7SR, England. may either be engaged or employed to training. Amendments to the Annex to the serve on a roll-on/roll-off (ro-ro) (a) After January 31, 1997, on a International Convention on Standards passenger ship to which a SOLAS seagoing vessel, no person may assign of Training, Certification and certificate has been issued, or perform any person to perform shipboard duties, Watchkeeping for Seafarers, 1978 duties on such a ship, unless he or she and no person may perform those (STCW), and the associated Seafarers’ holds a license or document endorsed duties, unless the person performing Training, Certification and for service on ro-ro passenger ships in them has received— Watchkeeping Code (STCW Code), as accordance with § 10.1005 or § 12.30–5, (1) Familiarization training in adopted under resolutions 1 and 2, of this chapter, whichever is appropriate personal survival techniques as set out respectively, by the Conference of to the service or the duties. in the standard of competence under parties to the International Convention (e) On a seagoing vessel driven by STCW Regulation VI/1; or on Standards of Training, Certification main propulsion machinery of 750 kW (2) Sufficient training or instruction, and Watchkeeping for Seafarers, 1978, [1,000 hp] propulsion power or more, to be able to— 13320 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

(i) Communicate with other persons 10.209 of this chapter or §§ 12.05–3, (b) After January 31, 1997, each on board on elementary safety matters 12.10–3, and 12.15–3 of this chapter person assigned duty as officer in charge and understand information symbols, meets the requirements of this section of a navigational or engineering watch, signs, and alarm signals covering without further training or assessment. or duty in a rating forming part of a information on safety; 6. Section 15.411 is added to read as navigational or engineering watch, on (ii) Know what to do if a person falls follows: any vessel that operates beyond the overboard; if fire or smoke is detected; boundary line shall receive a minimum or if the fire or abandon-ship alarm § 15.411 Maintenance of seamen's records period of 10 hours of rest in any 24-hour sounds; by owner or operator. period, except in an emergency, a drill, (iii) Identify stations for muster and Each owner or operator of a U.S.- or any other overriding operation embarkation, and emergency-escape documented vessel that operates beyond condition, provided— routes; the boundary line shall ensure that (1) The hours of rest are divided into (iv) Locate and don life-jackets; procedures are in place, in respect of no more than two periods, one of which (v) Raise the alarm and know the use licensed and unlicensed seamen who must be at least 6 hours in length; and of portable fire extinguishers; serve on each such vessel, to ensure that (vi) Take immediate action upon (2) The minimum period of 10 hours the following information is maintained of rest may be reduced to not less than encountering an accident or other throughout their service, and is readily medical emergency before seeking 6 consecutive hours as long as— accessible to those in management (i) No reduction extends beyond 2 further medical assistance on board; and responsible for the safety of vessels and (vii) Close and open the fire, days; and prevention of marine pollution: weathertight, and watertight doors fitted (ii) He or she receives at least 70 in the particular ship other than those (a) Medical fitness. hours of rest in each 7-day period. for hull openings. (b) Experience and training relevant to (c) The Master shall post watch (b) After January 31, 1997, on a assigned shipboard duties. schedules where they are easily seagoing vessel, no person may assign (c) Assessment of competence in accessible. Each schedule must include any person on board a ship, as part of performance of assigned shipboard each affected person. the complement with designated safety duties. (d) For purposes of applying this or pollution-prevention duties in the 7. In § 15.705, paragraph (f) is revised section— operation of the ship, to perform to read as follows: (1) Rest period means a period of time shipboard duties, and no person may during which no tasks are assigned to § 15.705 Watches. perform those duties, unless the person the person concerned, the person is not performing them has— * * * * * scheduled to perform any duty, and the (1) Received approved basic safety- (f) Masters of vessels that operate person is allowed to sleep without being training or instruction as set out in the beyond the boundary line shall observe interrupted; and standards of competence under STCW the principles concerning watchkeeping (2) Overriding operational conditions Regulation VI/1, particularly with as set out in STCW Regulation VIII/2 means circumstances in which essential respect to personal survival techniques, and section A–VIII/2 of the STCW Code. shipboard work cannot be delayed for fire prevention and fire-fighting, 8. In § 15.710, the heading is revised, reasons of safety or environment or for elementary first aid, and personal safety paragraphs (a) through (d) are reasons not foreseeable at the and social responsibilities; and redesignated as paragraphs (1) through commencement of the voyage. (2) Established competence within the (4), respectively, the introductory text is Dated: 5 March 1996. last 5 years as part of an approved designated as paragraph (a), and training program, in accordance with paragraphs (b) and (c) are added to read Joseph J. Angelo, the methods and criteria prescribed as follows: Acting Chief, Office of Marine Safety, Security under STCW Regulation VI/1. and Environmental Protection. (c) Each person who has met the § 15.710 Working hours and rest periods. [FR Doc. 96–7019 Filed 3–25–96; 8:45 am] requirements of either §§ 10.205 and * * * * * BILLING CODE 4910±14±M federal register March 26,1996 Tuesday Plastic Surgery;FinalRule 28 CFRPart549 Bureau ofPrisons Justice Department of Part VIII 13321 13322 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

DEPARTMENT OF JUSTICE reasons or special circumstances, are Subpart DÐPlastic Surgery contained in § 549.51. ‘‘Informed Sec. Bureau of Prisons consent’’ requirements were 549.50 Purpose and scope. redesignated as a separate section 549.51 Approval procedures. 28 CFR Part 549 (§ 549.52) for the sake of emphasis. 549.52 Informed consent. [BOP±1020±F] Procedures relating to staff processing of inmate identification records were Subpart DÐPlastic Surgery RIN 1120±AA26 removed because these administrative § 549.50 Purpose and scope. Plastic Surgery details are better addressed in internal instructions to staff. The Bureau of Prisons does not ordinarily perform plastic surgery on AGENCY: Bureau of Prisons, Justice. The Bureau received one comment on inmates to correct preexisting ACTION: Final rule. the proposed rule. This comment supported the adoption of the proposed disfigurements (including tattoos) on SUMMARY: In this document, the Bureau rule. The Bureau is therefore adopting any part of the body. In circumstances of Prisons is revising its regulations the proposed rule as a final rule without where plastic surgery is a component of concerning the circumstances and change. a presently medically necessary procedures under which the Bureau Members of the public may submit standard of treatment (for example, part approves plastic surgery for inmates. comments concerning this rule by of the treatment for facial lacerations or Criteria under which plastic surgery writing to the address cited above. for mastectomies due to cancer) or it is may be approved are as follows: as a These comments will be considered but necessary for the good order and component of standard medical/surgical will receive no response in the Federal security of the institution, the necessary treatment, when necessary for the good Register. surgery may be performed. The Bureau of Prisons has determined order and security of the institution, and § 549.51 Approval procedures. in other special situations as determined that this rule is not a significant by the Medical Director. Additionally, regulatory action for the purpose of E.O. The Clinical Director shall consider these regulations have been reorganized 12866, and accordingly was not individually any request from an inmate to emphasize ‘‘informed consent’’ and to reviewed by the Office of Management or a BOP medical consultant. remove unnecessary provisions. This and Budget. After review of the law and (a) In circumstances where plastic revision is intended to provide for the regulations, the Director, Bureau of surgery is a component of the presently continued efficient and orderly Prisons has certified that this rule, for medically necessary standard of operation of the Bureau and its the purpose of the Regulatory Flexibility treatment, the Clinical Director shall institutions. Act (Pub. L. 96–354), does not have a forward the surgery request to the Office significant impact on a substantial EFFECTIVE DATE: April 25, 1996. of Medical Designations and number of small entities. Transportation for approval. ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754, 320 List of Subjects in 28 CFR Part 549 (b) If the Clinical Director recommends plastic surgery for the good First Street, NW., Washington, DC Prisoners. 20534. order and security of the institution, the Kathleen M. Hawk, request for plastic surgery authorization FOR FURTHER INFORMATION CONTACT: Roy Director, Bureau of Prisons. will be forwarded to the Warden for Nanovic, Office of General Counsel, Accordingly, pursuant to the initial approval. The Warden will Bureau of Prisons, phone (202) 514– rulemaking authority vested in the forward the request through the 6655. Attorney General in 5 U.S.C. 552(a) and Regional Director to the Medical SUPPLEMENTARY INFORMATION: The delegated to the Director, Bureau of Director. The Medical Director shall Bureau of Prisons is revising its Prisons in 28 CFR 0.96(p), part 549 in have the final authority to approve or regulations on plastic surgery (28 CFR subchapter C of 28 CFR, chapter V is deny this type of plastic surgery request. part 549, subpart D). A proposed rule on amended as set forth below. (c) If the Clinical Director is unable to this subject was published in the determine whether the plastic surgery Federal Register on October 20, 1995 Subchapter CÐInstitutional Management qualifies as a component of presently (60 FR 54288). PART 549ÐMEDICAL SERVICES medically necessary standard of The proposed regulations stipulated treatment, the Clinical Director may in the statement of purpose (28 CFR 1. The authority citation for 28 CFR forward the request to the Medical 549.50) that the Bureau ordinarily does part 549 continues to read as follows: Director for a final determination in not perform plastic surgery on inmates Authority: 5 U.S.C. 301; 18 U.S.C. 3621, accordance with the provisions of to correct preexisting disfigurements 3622, 3624, 4001, 4005, 4042, 4045, 4081, paragraph (b) of this section. (including tattoos) on any part of the 4082, (Repealed in part as to offenses body. Plastic surgery may be performed committed on or after November 1, 1987), § 549.52 Informed consent. when it is a component of the presently 4241–4247, 5006–5024 (Repealed October 12, Approved plastic surgery procedures medically necessary standard of 1984, as to offenses committed after that may not be performed without the treatment. Plastic surgery may also be date), 5039: 28 U.S.C. 509, 510; 28 CFR 0.95– informed consent of the inmate approved under special circumstances: 0.99. involved. namely, for the good order and security 2. Subpart D, consisting of §§ 549.50 of the institution. Approval procedures and 549.51, is revised to consist of [FR Doc. 96–7157 Filed 3–25–96; 8:45 am] for requests, whether for medical §§ 549.50 through 549.52 as follows: BILLING CODE 4410±05±P federal register March 26,1996 Tuesday Secondary EducationAct;ProposedRule General Provisions,Elementaryand 34 CFRPart299 Education Department of Part IX 13323 13324 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules

DEPARTMENT OF EDUCATION FOR FURTHER INFORMATION CONTACT: For for the appropriate implementation of further information on this part, please provisions in Title XIV and of the Act 34 Part 299 contact Delores Warner. Telephone: as a whole. Title XIV contains (202) 260–1941. Individuals who use a provisions that allow: flexibility, RIN 1810±AA82 telecommunications device for the deaf promote coordinated program services General Provisions, Elementary and (TDD) may call the Federal Information and allow waivers of certain provisions Secondary Education Act Relay Service (FIRS) at 1–800–877–8339 to increase the quality of instruction or between 8 a.m. and 8 p.m., Eastern time, improve academic performance, AGENCY: Department of Education. Monday through Friday. consolidated State and local plans and ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: On applications, consolidation of State and October 20, 1994, the President signed local administrative funds, and uniform SUMMARY: The U.S. Secretary of provisions that apply to programs Education (the Secretary) proposes to into law the Improving America’s Schools Act of 1994 (IASA) (Pub. L. authorized in the ESEA. Most of the issue general regulations governing provisions of Title XIV are not the programs under the Elementary and 103–382). The IASA reauthorizes and fundamentally changes the ESEA, subject of regulations. The Department Secondary Education Act of 1965, as has issued, separately from this notice amended by the Improving America’s redesigning its programs so that they work together to support high-quality of proposed rulemaking (NPRM), non- Schools Act of 1994 (the ‘‘Elementary binding guidance on a number of Title and Secondary Education Act’’, ‘‘ESEA’’ teaching and learning to help all children learn challenging material in XIV provisions such as State or the ‘‘Act’’). These proposed consolidated plans (sections 14302 of regulations would implement several academic areas and acquire the knowledge and skills they will need to the Act), waivers (section 14401 of the provisions in Title XIV, General Act), and the Gun-Free Schools Act Provisions, of the Act. These proposed succeed in the 21st century. Throughout the reauthorized (sections 14601–03 of the Act). Copies regulations would generally govern all of this guidance are available from programs under the Act, and would Elementary and Secondary Education Act, including Title XIV of the Act, Delores Warner, U.S. Department of establish uniform provisions that would Education, 1250 Maryland Avenue SW., provisions are designed to make it easier minimize burdensome differences in Room 4000, Portals Building, for programs to work together with, implementing these provisions in Washington, DC 20202–6110. individual programs. rather than separately from, one The areas that would be covered by another. In addition, the Act fosters the Summary of Provisions these proposed regulations for ESEA operation of ESEA programs in unison Section 299.1 of these proposed programs include: other regulations that with the broader education that children regulations would provide general would apply; priorities for receive. For example, the reauthorized information about the scope of these empowerment zones or enterprise Act supports State and community regulations and the laws and regulations communities in discretionary grants; the reform efforts geared to challenging that would apply to ESEA programs. consolidation of State and local State academic standards, particularly Further guidance about which general administrative funds; maintenance of those initiated or supported by the administrative regulations would apply effort; services to private school Goals 2000: Educate America Act. is provided in the discussion of § 299.2 children and teachers; and complaint Unlike the reauthorized ESEA in the next paragraph of this summary. procedures. In addition, the proposed programs, earlier ESEA programs often Section 299.2 of these proposed regulations would provide further were not coordinated with each other regulations would provide flexibility by flexibility to States under Title III of the and with other educational programs in permitting a State to formally adopt its Goals 2000: Educate America Act. the schools. The previous programs own general provisions, in lieu of 34 DATES: Comments must be received on often were not designed to target funds CFR Part 80 (Uniform Administrative or before May 10, 1996. to areas, schools or students with the Requirements for Grants and ADDRESSES: All comments concerning greatest needs for assistance, nor were Cooperative Agreements to State and these proposed regulations should be they designed to support State and local Local Governments) of the Education addressed to Delores Warner, U.S. efforts at broader educational reform. Department General Provisions Department of Education, Portals They were often burdensome without Regulations for most ESEA programs if Building, 1250 Maryland Avenue SW., adequate provisions for needed the State meets several minimal Room 4000, Washington, DC 20202– flexibility. requirements. This flexibility is similar 6110. The fax number for submitting Virtually all of the major ESEA to flexibility that was previously comments is (202) 260–0310. Comments programs have been redesigned to included in regulations for Chapters 1 may also be sent through the Internet to include greater flexibility at the State and 2 of ESEA before the 1994 [email protected]. and local levels, to support directly amendments. To ensure that public comments have comprehensive State and local reforms Section 299.2 would also indicate that maximum effect in developing the final of teaching and learning, and to ensure 34 CFR Part 80 would apply to direct regulations, the Department urges that that all children—regardless of grant programs under ESEA and to Title each comment clearly identify the background and whatever school they XI. While this would provide States in specific section or sections of the attend—can achieve at high levels. ESEA State-administered programs the regulations that the comment addresses In implementing the Act, the option of adopting and using their own and that comments be in the same order Department, is issuing regulations only procedures as an alternative to Part 80, as the regulations. where absolutely necessary, and is the Department believes that the A copy of any comments that concern providing flexibility to the maximum application of Part 80 to direct grant information collection requirements extent permitted by statute. The programs and to Title XI provides the should also be sent to the Office of regulations proposed in Part 299 are appropriate balance of flexibility and Management and Budget at the address consistent with this approach and are accountability for results in those listed in the Paperwork Reduction Act intended to provide support to programs. As the Department continues section of this preamble. educators at the State and local levels to look for other ways to simplify the Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13325 direct grant process, the Department (Nonprocurement) and uniform provisions regarding particularly invites comments on the Governmentwide Requirements for maintaining fiscal effort, serving private appropriate balance of flexibility and Drug-Free Workplace (Grants)) applies school children and teachers, and for accountability in direct grant and Title to all ESEA programs. filing and resolving complaints from the XI programs. (j) 34 CFR Part 86 (Drug-Free Schools public. In the past, these requirements Section 299.2 would indicate that 34 and Campuses) applies to institutions of have varied program-by-program. The CFR Part 80 applies to State, local, and higher education. revised provisions discussed as follows Indian tribal governments under direct Guidance on which of these are designed to reduce burden for grant programs, and programs under provisions apply to Title VIII (Impact grantees by making their Title XI of ESEA (Coordinated Services). Aid) will be issued separately. implementation uniform among ESEA 34 CFR Part 80 also applies to other Section 299.3 of these proposed programs. programs under the ESEA unless a State regulations would authorize the The proposed regulations in § 299.5 formally adopts its own written fiscal Secretary to coordinate discretionary for maintenance of effort would, for the and administrative requirements for grants under the ESEA with the first time, provide uniform provisions to expending and accounting for all funds Empowerment Zones and Enterprise reduce the burden of requiring different received by State educational agencies Community initiative, a critical recordkeeping for several programs. It (SEA) and local educational agencies community revitalization strategy. would also provide more flexibility than (LEAs) under this part that meet certain Under this initiative, the United States in previous regulations by excluding all minimal requirements contained in Department of Housing and Urban Federal funds and supplemental funds § 299.2. This flexibility would also Development or the United States spent as a result of a Presidentially apply to Title III of the Goals 2000: Department of Agriculture has declared disaster. The exclusion of Educate America Act. designated certain urban and rural areas Federal funds from maintenance of Section 299.2 would not affect the as Empowerment Zones, including effort calculations is consistent with the applicability of the Department’s other Supplemental Empowerment Zones, or purposes of the statutory provision. The general administrative regulations to Enterprise Communities. These selected Secretary interprets the maintenance of ESEA programs. Therefore, unless a areas, which are characterized by effort provision in section 14501 of Title particular regulatory provision is pervasive poverty, unemployment, and XIV not to apply to Title VI programs, inconsistent with a statutory provision general distress, are implementing because of the specific maintenance of (in which case the statute controls), the locally designed strategies for building effort provision in section 6401 of Title Department’s general administrative healthy, safe, and economically vibrant VI. Therefore, § 299.5 also does not regulations apply to ESEA programs as communities. Interested individuals apply to Title VI programs. follows: may contact the Department of Housing The proposed regulations governing (a) 34 CFR Part 74 (Administration of and Urban Development at 1–800–998– participation of private schools Grants to Institutions of Higher 9999 for additional information on the students, teachers and other personnel Education, Hospitals and Nonprofit Empowerment Zone and Enterprise in §§ 299.6–299.9 are similar to the Organizations) applies to grantees other Community initiative. regulations for Title I of the Act (34 CFR than State and local governments and The discretionary grants under the §§ 200.10–200.14 (published on July 3, Indian tribal organizations. ESEA can play a key role in helping 1995 (60 FR 34800)). For example, (b) 34 CFR Part 75 (Direct Grant Empowerment Zones and Enterprise § 299.7 on equitable participation Programs), except for § 75.650 Communities address key educational includes the same provisions on ‘‘equal (participation of students enrolled in needs as part of a community expenditures’’ and ‘‘equitable basis’’ as private schools), applies to all direct revitalization strategy. Therefore, to in 34 CFR § 200.11, except that § 299.7 grant programs. encourage grantees to concentrate does not include provisions relating to (c) 34 CFR Part 76 (State- resources to address multi-faceted the specific distribution of Title I funds. Administered Programs), except for problems, under the proposed § 299.3, Instead of simply cross-referencing the §§ 76.650 through 76.662 (participation the Secretary would be able to give Title I regulations, however, for the of students enrolled in private schools), priority to applications that propose convenience of the reader, full applies to State administered grant projects that serve these zones and provisions are included in this notice. programs. communities. Sections 299.6–299.9 also provide for (d) 34 CFR Part 77 (Definitions that In § 299.4, the Secretary proposes to more flexibility than in general Apply to Department Regulations). authorize each SEA to adopt and use its regulations on participation of students (e) 34 CFR Part 79 (Intergovernmental own reasonable standards in enrolled in private schools currently in Review of Department of Education determining whether the majority of its 34 CFR §§ 76.650–76.662 that would Programs and Activities) applies to resources for administrative purposes otherwise apply. Sections 299.6–299.9 some of the ESEA programs. come from non-Federal sources, a would supersede the provisions of 34 (f) 34 CFR Part 80 (Uniform prerequisite for the consolidation of CFR §§ 76.650–76.662 for the programs Administrative Requirements for Grants State administrative funds as authorized listed in § 299.6. and Cooperative Agreements to State by section 14201 of the ESEA. Under Sections 299.10–299.12 require States and Local Governments), as discussed this section, SEAs would also be to establish complaint procedures in in this preamble. permitted to adopt reasonable standards State-administered programs, so that the (g) 34 CFR Part 81 (General Education for determining when to allow the public is provided an opportunity to Provisions Act—Enforcement) applies to consolidation of local administrative bring complaints to the attention of all ESEA programs except for Title VIII funds. This section would provide State program administrators. The (Impact Aid) of ESEA. flexibility for SEAs in these State- provisions are similar to those (h) 34 CFR Part 82 (New Restrictions administered programs and fulfill the previously included in the regulations on Lobbying) applies to all ESEA Secretary’s obligation to issue for Chapter 1 of ESEA before the 1994 programs. regulations under section 14203. amendments, but the new regulations (i) 34 CFR Part 85 (Governmentwide Sections 299.5–299.12 of these would provide the SEA with Debarment and Suspension proposed regulations would contain considerably more flexibility in 13326 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules establishing reasonable procedures for they were divided into more (but The likely respondents to the resolving these complaints by shorter) sections? (A ‘‘section’’ is collection of information in the authorizing SEAs to adopt their own preceded by the symbol ‘‘§ ’’ and a complaint process are individuals and reasonable time limits for resolving a numbered heading; for example ‘‘§ 299.1 organizations that submit complaints. complaint. What are the purpose and scope of the The information submitted is used to regulations?’’) (4) Is the description of resolve complaints and will be collected Executive Order 12866 the proposed regulations in the as complaints are submitted. 1. Assessment of Costs and Benefits ‘‘Supplementary Information’’ section of We estimate that each State will this preamble helpful in understanding These proposed regulations have been receive, an average of twenty complaints the proposed regulations? How could reviewed in accordance with Executive each year, and that each complaint will this description be more helpful in Order 12866. Under the terms of the take an average of four burden hours to making the proposed regulations easier order, the Secretary has assessed the prepare. Therefore, the total annual to understand? (5) What else could the potential costs and benefits of this reporting and recordkeeping burden that Department do to make the regulations regulatory action. The potential costs will result from the collection of this easier to understand? information is 4560 burden hours (fifty- and benefits associated with the A copy of any comments that concern seven State entities, multiplied by proposed regulations are minimal and to whether these proposed regulations are twenty complaints, multiplied by four the extent there are costs, the costs easy to understand should also be sent burden hours for preparing each result from the statutory requirements to Stanley M. Cohen, Regulations complaint). and regulations determined by the Quality Officer, U.S. Department of Secretary to be necessary for Education, 600 Independence Avenue, Organizations and individuals administering these programs effectively S.W. (room 5121, FOB–10), Washington, desiring to submit comments on the and efficiently. To the extent there are DC, 20202–2241. information collection requirements burdens specifically associated with should direct them to the Office of information collection requirements, Regulatory Flexibility Act Certification Information and Regulatory Affairs, they are identified and explained The Secretary certifies that these OMB, Room 10235, New Executive elsewhere in this preamble under the proposed regulations would not have a Office Building, Washington, D.C. heading ‘‘Paperwork Reduction Act of significant economic impact on a 20503; Attention: Desk Officer for U.S. 1995.’’ substantial number of small entities. Department of Education. Thus, in assessing the potential costs The small entities that would be The Department considers comments and benefits—both quantitative and affected by these proposed regulations by the public on these proposed qualitative—of these proposed are small local educational agencies collections of information in: regulations, the Secretary has (LEAs), and public or nonprofit private • determined that the benefits of the agencies receiving Federal funds under Evaluating whether the proposed proposed regulations justify the costs. the ESEA programs. The proposed collections of information are necessary The Secretary has also determined that regulations would not have a significant for the proper performance of the this regulatory action does not interfere economic impact on the small entities functions of the Department, including unduly with State and local affected because the proposed whether the information will have governments in the exercise of their regulations would not impose excessive practical utility; governmental functions. regulatory burdens or require • Evaluating the accuracy of the To assist the Department in unnecessary Federal supervision. The Department’s estimate of the burden of complying with the specific proposed regulations would impose the proposed collections of information, requirements of Executive Order 12866, minimal requirements to ensure the including the validity of the the Secretary invites comments on proper expenditure of program funds. methodology and assumptions used; whether there may be further • Paperwork Reduction Act of 1995 Enhancing the quality, usefulness, opportunities to reduce any potential and clarity of the information to be costs or increase potential benefits Collection of Information: General collected; and resulting from these proposed Provisions, Elementary and Secondary • regulations without impeding the Education Act: Complaint Process: Minimizing the burden of the effective and efficient administration of Sections 299.10–299.12 contain collection of information on those who the program. information collection requirements. As are to respond, including through the required by the Paperwork Reduction use of appropriate automated, 2. Clarity of the Regulations Act of 1995 (44 U.S.C. 3507(d)), the electronic, mechanical, or other Executive Order 12866 requires each Department of Education has submitted technological collection techniques or Federal agency to write regulations that a copy of these sections to the Office of other forms of information technology; are easy to understand. Management and Budget (OMB) for its e.g., permitting electronic submission of The Secretary invites comment on review under that Act. responses. how to make these regulations easier to Under sections 299.10–299.12, an OMB is required to make a decision understand, including answers to SEA is required to adopt written concerning the collection of information questions such as the following: (1) Are procedures for receiving and resolving contained in these proposed regulations the requirements in the regulations on a timely basis complaints from an between 30 and 60 days after clearly stated? (2) Do the regulations organization or individual that the SEA publication of this document in the contain technical terms or other or an agency or consortium of agencies Federal Register. Therefore, a comment wording that interferes with the clarity? is violating a Federal statute or to OMB is best assured of having its full (3) Does the format of the regulations regulations that apply to a covered effect if OMB receives it within 30 days (grouping and order of sections, use of program listed in § 299.10(b). The of publication. This does not affect the headings, paragraphing, etc.) aid or resolution of a complaint by the SEA deadline for the public to comment to reduce their clarity? Would the may be reviewed by the Secretary, at the the Department on the proposed regulations be easier to understand if Secretary’s discretion. regulations. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13327

Intergovernmental Review Subpart BÐSelection Criteria Administrative Regulations (EDGAR) to 299.3 What priority may the Secretary the ESEA programs (in addition to any Some of the programs that would be establish for activities in an other specific implementing affected by these regulations are subject Empowerment Zone or Enterprise regulations): to the requirements of Executive Order Community? (a) 34 CFR Part 80 (Uniform 12372 and the regulations in 34 CFR Subpart CÐConsolidation of State and Administrative Requirements for Grants Part 79. The objective of the Executive Local Administrative Funds and Cooperative Agreements to State order is to foster an inter-governmental 299.4 What requirements apply to the and Local Governments) applies to partnership and a strengthened consolidation of state and local State, local, and Indian tribal federalism by relying on processes administrative funds? governments under direct grant programs (as defined in 34 CFR 75.1(b)), developed by State and local Subpart DÐFiscal Requirements governments for coordination and and programs under Title XI of ESEA. review of proposed Federal financial 299.5 What maintenance of effort (b) 34 CFR Part 80 also applies to all requirements apply to ESEA programs? assistance. In accordance with the order, other programs under the ESEA and to this document is intended to provide Subpart EÐServices to Private School programs under Title III of the Goals early notification of the Department’s Students and Teachers 2000: Educate America Act (Title III of specific plans and actions for these 299.6 What are the responsibilities for Goals 2000), unless a State formally adopts its own written fiscal and programs. providing services to children and teachers in private schools? administrative requirements for Invitation to Comment 299.7 What are the factors for determining expending and accounting for all funds equitable participation of children and received by State educational agencies Interested persons are invited to teachers in private schools? (SEAs) and local educational agencies submit comments and recommendations 299.8 What are the requirements to ensure (LEAs) under the ESEA and Title III of regarding these proposed regulations. that funds do not benefit a private school? Goals 2000. If a State adopts its own All comments submitted in response 299.9 What are the requirements alternative requirements, the to these proposed regulations will be concerning property, equipment, and requirements must be available for available for public inspection during supplies for the benefit of private school inspection upon the request of the and after the comment period, in rooms children and teachers? Secretary or the Secretary’s 4400 and 4100, respectively, Portals Subpart FÐComplaint Procedures representatives and must— Building, 1250 Maryland Avenue, S.W., (1) Be sufficiently specific to ensure 299.10 What complaint procedures shall an that funds received under ESEA and Washington, DC., between the hours of SEA adopt? Title III of Goals 2000 are used in 8:30 a.m. and 4 p.m., Monday through 299.11 What are included in the complaint compliance with all applicable statutory Friday of each week except Federal procedures? and regulatory provisions; holidays. 299.12 How does an organization or individual file a complaint? (2) Ensure that funds received under List of Subjects in 34 CFR Part 299 Authority: 20 U.S.C. 1221e–3, unless ESEA and Title III of Goals 2000 are otherwise noted. spent only for reasonable and necessary Administrative practice and costs of operating programs under this procedure, Education, Elementary and Subpart AÐPurpose and Applicability part; and secondary education, Grant programs— (3) Ensure that funds received under § 299.1 What are the purpose and scope of ESEA and Title III of Goals 2000 are not education, Private schools, Reporting these regulations? and recordkeeping requirements. used for general expenses required to (a) This part establishes uniform carry out other responsibilities of State (Catalog of Federal Domestic Assistance administrative rules for programs in or local governments. Number does not apply) Titles I through XIII of the Elementary Dated: March 20, 1996. and Secondary Education Act of 1965, (Authority: 20 U.S.C. 1221e–3(a)(1)) Richard W. Riley, as amended (ESEA), except where Subpart BÐSelection Criteria Secretary of Education. otherwise indicated. As indicated in particular sections of this part, certain § 299.3 What priority may the Secretary The Secretary proposes to amend provisions apply only to a specific establish for activities in an Empowerment Title 34 of the Code of Federal group of programs. Zone or Enterprise Community? Regulations by adding a new Part 299 to (b) If an ESEA program does not have For any ESEA discretionary grant read as follows: implementing regulations, the Secretary program, the Secretary may establish a implements the program under the priority, as authorized by 34 CFR PART 299ÐGENERAL PROVISIONS authorizing statute, and, to the extent 75.105(b), for projects that will— applicable, Title XIV of ESEA, the (a) Use a significant portion of the Subpart AÐPurpose and Applicability General Education Provisions Act, the program funds to address substantial Sec. regulations in this part, and the problems in an Empowerment Zone, 299.1 What are the purpose and scope of Education Department General including a Supplemental these regulations? Administrative Regulations (34 CFR Empowerment Zone, or an Enterprise 299.2 What regulations apply to ESEA Parts 74 through 86) that are not Community designated by the United programs? inconsistent with specific statutory States Department of Housing and provisions of this Act. Urban Development or the United States (Authority: 20 U.S.C. 1221e-3(a)(1)) Department of Agriculture; and (b) Contribute to systemic educational § 299.2 What regulations apply to ESEA reform in an Empowerment Zone, programs? including a Supplemental With regard to the applicability of Empowerment Zone, or an Enterprise Education Department General Community, and are made an integral 13328 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules part of the Zone or Community’s Example: For fiscal year 1995 funds, that (3) Title III (other than Part B of the comprehensive community are first made available on July 1, 1995, if a Title) (Star Schools). revitalization strategies. State is using the Federal fiscal year, the (4) Part A of Title IV (Safe and Drug- ‘‘preceding fiscal year’’ is Federal fiscal year (Authority: 20 U.S.C. 2831(a)) 1994 (which began on October 1, 1993 and Free Schools and Communities) (other ended September 30, 1994) and the ‘‘second than section 4114). Subpart CÐConsolidation of State and preceding fiscal year’’ is Federal fiscal year (5) Title VI (Innovative Education Local Administrative Funds 1993 (which began on October 1, 1992). If a Program Strategies). State is using a fiscal year that begins on July (6) Title VII (Bilingual Education). § 299.4 What requirements apply to the 1, 1995, the ‘‘preceding fiscal year’’ is the 12- consolidation of state and local month period ending on June 30, 1994, and (c) Provisions not applicable. Sections administrative funds? the ‘‘second preceding fiscal year,’’ is the 75.650 and 76.650 through 76.662 of An SEA may adopt and use its own period ending on June 30, 1993. Part 34 of the Code of Federal reasonable standards in determining Regulations (participation of students (d) Expenditures. (1) In determining whether— enrolled in private schools) do not an LEA’s compliance with paragraph (a) (a) The majority of its resources for apply to covered programs. of this section, the SEA shall consider administrative purposes come from non- only the LEA’s expenditures from State (Authority: 20 U.S.C. 8893) Federal sources to permit the and local funds for free public consolidation of State administrative § 299.7 What are the factors for education. These include expenditures funds in accordance with section 14201 determining equitable participation of for administration, instruction, of the Act; and children and teachers in private schools? attendance and health services, pupil (b) To approve an LEA’s consolidation (a) Equal expenditures. (1) transportation services, operation and of its administrative funds in Expenditures of funds made by an maintenance of plant, fixed charges, and accordance with section 14203 of the agency or consortium of agencies under net expenditures to cover deficits for Act. a covered program for services for food services and student body (Authority: 20 U.S.C. 8821 and 8823) eligible private school children and activities. their teachers and other educational (2) The SEA may not consider the Subpart DÐFiscal Requirements personnel must be equal on a per-pupil following expenditures in determining basis to the amount of funds expended § 299.5 What maintenance of effort an LEA’s compliance with the for participating public school children requirements apply to ESEA programs? requirement in paragraph (a) of this and their teachers and other educational (a) General. An LEA receiving funds section: personnel taking into account the under a covered program listed in (i) Any expenditures for community number and educational needs of those subsection (b) may receive its full services, capital outlay, debt service or children and their teachers or other allocation of funds if the SEA finds that supplemental expenses made as a result educational personnel. either the combined fiscal effort per of a Presidentially declared disaster. (2) Before determining equal student or the aggregate expenditures of (ii) Any expenditures made from expenditures under paragraph (a)(1) of State and local funds with respect to the funds provided by the Federal this section, an agency or consortium of provision of free public education in the Government. agencies shall pay for the reasonable LEA for the preceding fiscal year was (Authority: 20 U.S.C. 8891) and necessary administrative costs of not less than 90 percent of combined providing services to public and private fiscal effort per student or the aggregate Subpart EÐServices to Private School school children and their teachers or expenditures for the second preceding Students and Teachers other educational personnel, from the fiscal year. agency’s or consortium of agencies’ total (b) Covered programs. Programs § 299.6 What are the responsibilities for providing services to children and teachers allocation of funds under the applicable covered by this subpart are the in private schools? ESEA program. following: (b) Services on an equitable basis. (1) (1) Part A of Title I (Improving Basic (a) General. An agency or consortium The services that an agency or Programs Operated by Local of agencies receiving funds under a consortium of agencies provides to Educational Agencies). program listed in subsection (b) of this eligible private school children and (2) Title II (Eisenhower Professional section shall, after timely and their teachers and other educational Development Program) (other than meaningful consultation with personnel must also be equitable in section 2103 and part C of this title). appropriate private school officials, in comparison to the services and other (3) Subpart 2 of Part A of Title III accordance with that section, provide benefits provided to public school (State and Local Programs for School special educational services or other children and their teachers or other Technology Resources). benefits under this part, on an equitable (4) Part A of Title IV (Safe and Drug- basis, to children who are enrolled in educational personnel participating in a Free Schools and Communities) (other private elementary and secondary program under this subpart. than section 4114). schools, and are eligible for that (2) Services are equitable if the agency (c) Meaning of ‘‘preceding fiscal program, and to their teachers or other or consortium of these agencies— year.’’ For purposes of determining if educational personnel. (i) Addresses and assesses the specific the requirement of paragraph (a) of this (b) Covered programs. In accordance needs and educational progress of section is met, the ‘‘preceding fiscal with section 14503(b) of ESEA, eligible private school children and year’’ means the Federal fiscal year, or programs covered by this subpart are the their teachers or other educational the 12-month fiscal period most following: personnel on a comparable basis as commonly used in a State for official (1) Part C of Title I (Migrant public school children and their reporting purposes, prior to the Education). teachers or other educational personnel; beginning of the Federal fiscal year in (2) Title II (Professional Development) (ii) Determines the number of which funds are available for obligation (other than section 2103 and part C of students to be served on an equitable by the Department. this title). basis; Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Proposed Rules 13329

(ii) Meets the equal expenditure § 299.9 What are the requirements (b) Covered programs. Programs requirements under paragraph (a) of this concerning property, equipment, and covered by this subpart are the section; and supplies for the benefit of private school following: children and teachers? (iii) Provides private school children (1) Part A of Title I (Improving Basic and their teachers or other educational (a) A public agency must keep title to, Programs Operated by Local personnel with an opportunity to and exercise continuing administrative Educational Agencies). participate that— control of, all property, equipment, and (2) Part B of Title I (Even Start Family (A) Is equitable to the opportunity and supplies that the public agency acquires Literacy Programs). the benefits provided to public school with funds under a covered program for (3) Part C of Title I (Migrant children and their teachers or other the benefit of eligible private school Education). educational personnel; and children and their teachers or other (B) Provides reasonable promise of educational personnel. (4) Part D of Title I (Children and those children meeting challenging (b) The public agency may place Youth Who Are Neglected, Delinquent, academic standards as called for by the equipment and supplies in a private or At Risk of Dropping Out). State’s student performance standards school for the period of time needed for (5) Title II (Eisenhower Professional and has their teachers or other the program. Development Program) (other than educational personnel assisting these (c) The public agency shall ensure section 2103 and part C of this title). students in meeting high standards. that the equipment and supplies placed (6) Subpart 2 of Part A of Title III (3) The agency or consortium of these in a private school— (State and Local Programs for School agencies shall make the final decisions (1) Are used only for proper ESEA Technology Resources). with respect to the services to be program purposes; and (7) Part A of Title IV (Safe and Drug- provided to eligible private school (2) Can be removed from the private Free Schools and Communities) (other children and their teachers or other school without remodeling the private than section 4114). educational personnel. school facility. (8) Title VI (Innovative Education (c) If the needs of private school (d) The public agency must remove Program Strategies). students, their teachers or other equipment and supplies from a private (Authority: 20 U.S.C. 1221e–3(a)(1)) educational personnel are different from school if— the needs of students, teachers or other (1) The equipment and supplies are § 299.11 What are included in the educational personnel in the public no longer needed for ESEA program complaint procedures? schools, the agency or consortium of purposes; or An SEA shall include the following in these agencies shall provide program (2) Removal is necessary to avoid its complaint procedures— benefits for the private school students, unauthorized use of the equipment or (a) A reasonable time limit after the teachers, or other educational personnel supplies for other than ESEA program that are different from the benefits the SEA receives a complaint for resolving purposes. the complaint, including a provision for subgrantee provides for the public (e) No funds may be used for repairs, school children and their teachers or carrying out an independent on-site minor remodeling, or construction of investigation, if necessary. other educational personnel. private school facilities. (b) An extension of the time limit (f) For the purpose of this section, the (Authority: 20 U.S.C. 8893) under paragraph (a) of this section only term public agency includes the agency if exceptional circumstances exist with § 299.8 What are the requirements to or consortium of these agencies. ensure that funds do not benefit a private respect to a particular complaint. school? (Authority: 20 U.S.C. 8893) (c) The right for the complainant to (a) An agency or consortium of these Subpart FÐComplaint Procedures request the Secretary to review the final agencies shall use funds under a decision of the SEA, at the Secretary’s covered program to provide services § 299.10 What complaint procedures shall discretion. that supplement, and in no case an SEA adopt? (Authority: 20 U.S.C. 1221e–3(a)(1)) supplant, the level of services that (a) General. An SEA shall adopt would, in the absence of services under written procedures, consistent with § 299.12 How does an organization or that ESEA program, be available to State law, for— individual file a complaint? participating children and their teachers (1) Receiving and resolving any An organization or individual may or other educational personnel in complaint from an organization or file a written signed complaint with an private schools. individual that the SEA or an agency or SEA. The complaint must include— (b) An agency or consortium of those consortium of agencies is violating a (a) A statement that the SEA or an agencies shall use funds under a listed Federal statute or regulations that apply agency or consortium of these agencies program to meet the special educational to a covered program listed in has violated a requirement of a Federal needs of participating children who subsection (b) of this section. statute or regulations that apply to the attend a private school and their (2) Reviewing an appeal from a ESEA program; and teachers or other educational personnel, decision of an agency or consortium of (b) The facts on which the statement but may not use those funds for— agencies with respect to a complaint; is based, and the specific requirement (1) The needs of the private school; or and violated. (2) The general needs of children and (3) Conducting an independent on- (Authority: 20 U.S.C. 1221e–3(a)(1)) their teachers or other educational site investigation of a complaint if the personnel in the private school. SEA determines that an on-site [FR Doc. 96–7098 Filed 3–25–96; 8:45 am] (Authority: 20 U.S.C. 8893) investigation is necessary. BILLING CODE 4000±01±P federal register March 26,1996 Tuesday Standards; FinalRule HUD's EnvironmentalCriteriaand Regulatory Reinvention;Streamliningof 24 CFRPart51 Development Housing andUrban Department of Part X 13331 13332 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND paragraph (a) of § 51.102, which this rule will not have a significant URBAN DEVELOPMENT describes the authority to approve economic impact on a substantial projects under part 51, subpart B. This number of small entities. This rule Office of the Secretary information, while helpful to HUD’s merely streamlines and updates clients, will more appropriately be regulations to reflect current 24 CFR Part 51 provided through Federal Register organization and practices. The rule will [Docket No. FR±4034±F±01] notice. Accordingly, Appendix I to this have no adverse or disproportionate rule identifies the HUD officials with economic impact on any small entity. RIN 2501±AC22 responsibility for administering the B. Environmental Impact Regulatory Reinvention; Streamlining requirements of part 51 and their of HUD's Environmental Criteria and specific duties. HUD will update this A Finding of No Significant Impact Standards appendix as necessary. with respect to the environment has This final rule also updates part 51 to been made in accordance with HUD AGENCY: Office of the Secretary, HUD. more accurately reflect current HUD regulations at 24 CFR part 50, which ACTION: Final rule. organization and practices. For example, implement section 102(2)(C) of the paragraph (a)(3) of § 51.101 sets forth National Environmental Policy Act of SUMMARY: In an effort to comply with HUD’s policy for support of 1969. The Finding of No Significant the President’s regulatory reform construction of new noise sensitive Impact is available for public inspection initiative, this final rule streamlines uses. This paragraph states that the during regular business hours in the HUD’s regulations governing its ‘‘policy does not apply to * * * any Office of General Counsel, the Rules environmental criteria and standards. action or emergency assistance under Docket Clerk, Room 10276, 451 Seventh Specifically, this rule amends these disaster emergency programs.’’ The Street, SW., Washington, DC 20410. regulations to eliminate provisions provision originally applied to FEMA which do not require regulatory programs, which are no longer under C. Executive Order 12612, Federalism codification. The rule also updates the HUD jurisdiction. This final rule The General Counsel, as the regulations to more accurately reflect updates paragraph (a)(3) of § 51.101 to Designated Official under section 6(a) of current HUD organization and practices. apply this exclusion more generally to Executive Order 12612, Federalism, has The streamlining amendments made by other emergency actions, such as those determined that this rule will not have this final rule will make HUD’s performed under HUD’s CDBG and substantial direct effects on States or environmental criteria clearer and more HOME programs. their political subdivisions, or the concise. Finally, the rule streamlines 24 CFR relationship between the Federal EFFECTIVE DATE: April 25, 1996. part 51 to eliminate unnecessary government and the States, or on the FOR FURTHER INFORMATION CONTACT: wordiness. The streamlining distribution of power and Richard Broun, Office of Community amendments made by this final rule will responsibilities among the various Viability, Department of Housing and make HUD’s environmental criteria levels of government. No programmatic Urban Development, Room 7240, 451 clearer and more concise. or policy changes will result from this Seventh Street, SW., Washington, DC II. Justification for Final Rulemaking rule that would affect the relationship 20410, telephone (202) 708–3297. between the Federal Government and Hearing- or speech-impaired individuals HUD generally publishes a rule for State and local governments. may access this number by calling the public comment before issuing a rule for Federal Information Relay Service TTY effect, in accordance with its own D. Executive Order 12606, The Family at 1–800–877–8339. (With the exception regulations on rulemaking in 24 CFR of the ‘‘800’’ number, these numbers are part 10. However, part 10 provides for The General Counsel, as the not toll-free.) exceptions to the general rule if the Designated Official under Executive agency finds good cause to omit Order 12606, The Family, has SUPPLEMENTARY INFORMATION: advance notice and public participation. determined that this rule will not have I. Background The good cause requirement is satisfied the potential for significant impact on when prior public procedure is family formation, maintenance, or On March 4, 1995, President Clinton general well-being, and thus is not issued a memorandum to all Federal ‘‘impracticable, unnecessary, or contrary to the public interest’’ (24 CFR 10.1). In subject to review under the Order. No departments and agencies regarding significant change in existing HUD regulatory reinvention. In response to this case, HUD finds that prior public comment is unnecessary. policies or programs will result from this memorandum, HUD conducted a promulgation of this rule. page-by-page review of its regulations to This rule merely removes provisions determine which can be eliminated, which are unnecessarily codified and List of Subjects in 24 CFR Part 51 consolidated, or otherwise improved. As which HUD will more appropriately set part of this review, HUD reexamined its forth through Federal Register notice. Environmental protection, Airports, regulations at 24 CFR part 51, which The rule also eliminates excessive Hazardous substances, Housing govern HUD’s environmental criteria wordiness and updates the regulations standards, Noise control. and standards. HUD has determined at 24 CFR part 51 to reflect current HUD Accordingly, 24 CFR part 51 is that several streamlining amendments organization and practices. This final amended as follows: can be made to part 51. rule does not affect or establish policy. This final rule removes provisions III. Other Matters PART 51ÐENVIRONMENTAL which do not require regulatory CRITERIA AND STANDARDS codification. For example, this rule A. Regulatory Flexibility Act removes most of the substance of § 51.3, The Secretary, in accordance with the 1. The authority citation for 24 CFR which sets forth the responsibility for Regulatory Flexibility Act (5 U.S.C. part 51 is revised to read as follows: administering the requirements of 24 605(b)), has reviewed and approved this Authority: 42 U.S.C. 3535(d), unless CFR part 51. The rule also removes final rule, and in so doing certifies that otherwise noted. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13333

Subpart AÐGeneral Provisions assistance is provided for planning § 51.102 Responsibilities. purposes, as follows: * * * * * 2–3. Section 51.2 is revised to read as * * * * * (b) Notice to applicants. At the follows: (ii) Applicants shall take into earliest possible stage, HUD program § 51.2 Authority. consideration HUD environmental staff shall: This part implements the standards impacting the use of land. * * * * * Department’s responsibilities under: (2) Activities subject to 24 CFR part (c) Interdepartmental coordination. The National Housing Act (12 U.S.C. 58. (i) Responsible entities under 24 HUD shall foster appropriate 1701 et seq.); sec. 2 of the Housing Act CFR part 58 must take into coordination between field offices and of 1949 (42 U.S.C. 1441); secs. 2 and consideration the noise criteria and other departments and agencies, 7(d) of the Department of Housing and standards in the environmental review particularly the Environmental Urban Development Act (42 U.S.C. 3531 process and consider ameliorative Protection Agency, the Department of and 3535(d)); the National actions when noise sensitive land Transportation, Department of Defense Environmental Policy Act of 1969 (42 development is proposed in noise representatives, and the Department of U.S.C. 4321); and the other statutes that exposed areas. Responsible entities shall Veterans Affairs. HUD staff shall utilize are referred to in this part. address deviations from the standards in the acceptability standards in 4. Section 51.3 is revised to read as their environmental reviews as required commenting on the prospective impacts follows: in 24 CFR part 58. of transportation facilities and other (ii) Where activities are planned in a noise generators in the Environmental § 51.3 Responsibilities. noisy area, and HUD assistance is Impact Statement review process. The Assistant Secretary for contemplated later for housing and/or 9. Section 51.104 is amended by: a. Removing paragraph (a)(1); Community Planning and Development other noise sensitive activities, the is responsible for administering HUD’s b. Redesignating the introductory text responsible entity risks denial of the to paragraph (a) as paragraph (a)(1); environmental criteria and standards as HUD assistance unless the HUD set forth in this part. The Assistant c. Revising paragraph (a)(2); and standards are met. d. Revising the introductory text of Secretary for Community Planning and (3) HUD support for new construction. paragraph (b) and paragraphs (b)(1)(ii) Development may be assisted by HUD HUD assistance for the construction of and (b)(2) to read as follows: officials in implementing the new noise sensitive uses is prohibited responsibilities established by this part. generally for projects with unacceptable § 51.104 Special requirements. HUD will identify these HUD officials noise exposures and is discouraged for (a) * * * and their specific responsibilities projects with normally unacceptable (2) Normally unacceptable noise through Federal Register notice. noise exposure. (Standards of zones and unacceptable noise zones. § 51.5 [Removed] acceptability are contained in Approvals in Normally Unacceptable § 51.103(c).) This policy applies to all Noise Zones require a minimum of 5 5. Section 51.5 is removed. HUD programs providing assistance, decibels additional sound attenuation Subpart BÐNoise Abatement and subsidy or insurance for housing, for buildings having noise-sensitive uses Control manufactured home parks, nursing if the day-night average sound level is homes, hospitals, and all programs greater than 65 decibels but does not 6. Section 51.100 is amended by providing assistance or insurance for exceed 70 decibels, or a minimum of 10 revising the introductory text of land development, redevelopment or decibels of additional sound attenuation paragraph (a) and revising paragraph (b) any other provision of facilities and if the day-night average sound level is to read as follows: services which are directed to making greater than 70 decibels but does not land available for housing or noise exceed 75 decibels. Noise attenuation § 51.100 Purpose and authority. sensitive development. The policy does measures in Unacceptable Noise Zones (a) It is the purpose of this subpart B not apply to research demonstration require the approval of the Assistant to: projects which do not result in new Secretary for Community Planning and * * * * * construction or reconstruction, flood Development, or the Certifying Officer (b) Authority. Specific authorities for insurance, interstate land sales for activities subject to 24 CFR part 58. noise abatement and control are egistration, or any action or emergency (See § 51.104(b)(2).) contained in the Noise Control Act of assistance under disaster assistance (b) Environmental review 1972, as amended (42 U.S.C. 4901 et provisions or appropriations which are requirements. Environmental reviews seq.); and the General Services provided to save lives, protect property, shall be conducted pursuant to the Administration, Federal Management protect public health and safety, remove requirements of 24 CFR parts 50 and 58, Circular 75–2; Compatible Land Uses at debris and wreckage, or assistance that as applicable, or other environmental Federal Airfields. has the effect of restoring facilities regulations issued by the Department. 7. Section 51.101 is amended by: substantially as they existed prior to the These requirements are hereby modified a. Removing paragraph (a)(1)(iii); and disaster. for all projects proposed in the b. Revising paragraphs (a)(1) * * * * * Normally Unacceptable and Unacceptable noise exposure zones as introductory text, (a)(1)(ii), (a)(2), and 8. Section 51.102 is amended by: (a)(3) to read as follows: follows: a. Removing paragraphs (a) and (d); (1) * * * § 51.101 General policy. b. Redesignating paragraphs (b), (c), (ii) When an EIS is required, the (a) * * * and (e) as paragraphs (a), (b), and (c), concurrence of the Program Assistant (1) Planning assistance. HUD requires respectively; Secretary is also required before a that grantees give adequate c. Revising the introductory text of project can be approved. For the consideration to noise exposures and newly designated paragraph (b); and purposes of this paragraph, an area will sources of noise as an integral part of d. Revising newly designated be considered as largely undeveloped the urban environment when HUD paragraph (c) to read as follows: unless the area within a 2-mile radius of 13334 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations the project boundary is more than 50 changed to reflect changes in the accordance with the procedures set percent developed for urban uses and measurement methodology or forth in 24 CFR parts 50 and 58. infrastructure (particularly water and underlying noise source assumptions. 17. Section 51.207 is revised to read sewers) is available and has capacity to Requests for determination on usage of as follows: serve the project. new or revised areawide data shall * * * * * include the following: § 51.207 Special circumstances. (2) Unacceptable noise zone. An EIS * * * * * The Secretary or the Secretary’s is required prior to the approval of designee may, on a case-by-case basis, projects with unacceptable noise Subpart CÐSiting of HUD-Assisted when circumstances warrant, require exposure. Projects in or partially in an Projects Near Hazardous Operations the application of this subpart C with Unacceptable Noise Zone shall be Handling Conventional Fuels or respect to a substance not listed in submitted to the Assistant Secretary for Chemicals of an Explosive or Appendix I to this subpart C that would Community Planning and Development, Flammable Nature create thermal or overpressure effect in or the Certifying Officer for activities 12. Section 51.200 is amended by excess of that listed in § 51.203. subject to 24 CFR part 58, for approval. revising the introductory text to read as The Assistant Secretary or the Certifying Subpart DÐSiting of HUD Assisted follows: Officer may waive the EIS requirement Projects in Runway Clear Zones at in cases where noise is the only § 51.200 Purpose. Civil Airports and Clear Zones and environmental issue and no outdoor The purpose of this subpart C is to: Accident Potential Zones at Military noise sensitive activity will take place * * * * * Airfields on the site. In such cases, an 13. Section 51.201 is amended by § 51.300 [Amended] environmental review shall be made revising the definition of ‘‘Acceptable pursuant to the requirements of 24 CFR separation distance (ASD)’’ to read as 18. Section 51.300 is amended by parts 50 or 58, as appropriate. follows: removing paragraph (a) and removing 10. Section 51.105 is amended by the paragraph designation of paragraph revising paragraph (a)(1) to read as § 51.201 Definitions. (b). follows: Acceptable separation distance 19. Section 51.302 is amended by § 51.105 Exceptions. (ASD)—means the distance beyond revising the first sentence in paragraph which the explosion or combustion of a (a) * * * (a) to read as follows: hazard is not likely to cause structures (1) The project does not require an § 51.302 Coverage. Environmental Impact Statement under or individuals to be subjected to blast provisions of § 51.104(b)(1) and noise is overpressure or thermal radiation flux (a) These policies apply to HUD the only environmental issue. levels in excess of the safety standards programs which provide assistance, in § 51.203. The ASD is determined by subsidy or insurance for construction, * * * * * applying the safety standards 11. Section 51.106 is amended by land development, community established by this subpart C to the revising paragraph (a)(4) introductory development or redevelopment or any guidance set forth in HUD Guidebook, text to read as follows: other provision of facilities and services ‘‘Siting of HUD-Assisted Projects Near which are designed to make land § 51.106 Implementation. Hazardous Facilities.’’ available for construction. * ** (a) * * * * * * * * * * * * * (4) Use of areawide acoustical data. 20. Section 51.303 is amended by HUD encourages the preparation and § 51.202 [Amended] 14. Section 51.202 is amended by revising paragraph (a)(3) to read as use of areawide acoustical information, follows: such as noise contours for airports. removing the first sentence of paragraph Where such new or revised contours (a). § 51.303 General policy. become available for airports (civil or 15. Section 51.203 is amended by adding a paragraph (d) to read as * * * * * military) and military installations they (a) * * * shall first be referred to the HUD State follows: (3) Special notification requirements Office (Environmental Officer) for § 51.203 Safety standards. review, evaluation and decision on for Runway Clear Zones and Clear * * * * * Zones. In all cases involving HUD appropriateness for use by HUD. The (d) Background information on the HUD State Office shall submit revised assistance, subsidy, or insurance for the standards and the logarithmic thermal purchase or sale of an existing property contours to the Assistant Secretary for radiation and blast overpressure charts Community Planning and Development in a Runway Clear Zone or Clear Zone, that provide assistance in determining HUD (or the responsible entity or for review, evaluation and decision acceptable separation distances are whenever the area affected is changed recipient under 24 CFR part 58) shall contained in Appendix II to this subpart advise the buyer that the property is in by 20 percent or more, or whenever it C. is determined that the new contours a Runway Clear Zone or Clear Zone, 16. Section 51.206 is revised to read what the implications of such a location will have a significant effect on HUD as follows: programs, or whenever the contours are are, and that there is a possibility that not provided in a methodology § 51.206 Implementation. the property may, at a later date, be acceptable under § 51.106(a)(1) or in This subpart C shall be implemented acquired by the airport operator. The other cases where the HUD State Office for each proposed HUD-assisted project buyer must sign a statement determines that Headquarters review is by the HUD approving official or acknowledging receipt of this warranted. For other areawide responsible entity responsible for information. acoustical data, review is required only review of the project. The * * * * * where existing areawide data are being implementation procedure will be part 21. Section 51.304 is revised to read utilized and where such data have been of the environmental review process in as follows: Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13335

§ 51.304 Responsibilities. 1. Purpose proposed projects with acceptable noise exposures, including projects where (a) The following persons have the HUD’s environmental criteria and standards are set forth in 24 CFR part 51. The increased noise levels are considered authority to approve actions in Accident Assistant Secretary for Community Planning acceptable because of non-acoustic benefits Potential Zones: and Development is responsible for under 24 CFR 51.105(a). HUD approving (1) For programs subject to administering these regulations. However, officials may also approve projects in environmental review under 24 CFR § 51.3 states that the ‘‘Assistant Secretary normally unacceptable noise exposed areas ** * may be assisted by HUD officials in part 58: the Certifying Officer of the where adequate sound attenuation is implementing the responsibilities established responsible entity as defined in 24 CFR by’’ 24 CFR part 51. The purpose of this provided and where the project does not part 58. appendix is to identify these HUD officials require an Environmental Impact Statement (2) For all other HUD programs: the and their specific duties. under 24 CFR 51.104(b). HUD approving official having approval It is unnecessary to codify this information (2) Other approvals in normally authority for the project. in title 24 of the Code of Federal Regulations. unacceptable noise exposed areas require the Providing this information through Federal concurrence of the Program Assistant (b) The following persons have the Register notice will allow HUD to better Secretary. authority to approve actions in Runway assist its clients and maintain up-to-date (3) Requests for approvals of projects or environmental standards. HUD will update Clear Zones and Clear Zones: portions of projects with unacceptable noise this appendix as necessary. (1) For programs subject to Section 2 of this appendix describes the exposure shall be referred through the HUD environmental review under 24 CFR general responsibilities in administering approving official to the Assistant Secretary part 58: The Certifying Officer of the HUD’s environmental criteria and standards. for Community Planning and Development responsible entity as defined in 24 CFR These duties are applicable across-the-board for approval pursuant to 24 CFR 51.104(b). part 58. to all the requirements established by 24 CFR (4) In cases where the HUD approving part 51. Section 3 of this appendix is more official determines that an important (2) For all other HUD programs: the limited in scope and complements the duties precedent or issue is involved, such cases Program Assistant Secretary. described in Section 2. Section 3 sets forth shall be referred with recommendations to the responsibilities in administering HUD’s Dated: March 7, 1996. the Assistant Secretary for Community noise abatement and control standards, Henry G. Cisneros, which are described in subpart B to 24 CFR Planning and Development. Secretary. part 51. (b) Technical assistance. Technical assistance in the measurement, estimation, [Note: This appendix will not be codified 2. General Responsibilities in the in title 24 of the CFR.] Administration of HUD’s Environmental interpretation, or prediction of noise Criteria and Standards exposure is available from the Office of Appendix I Community Planning and Development and HUD approving officials shall assure that Responsibility for Administering HUD’s adopted environmental regulations are the Office of Policy Development and Environmental Criteria and Standards implemented in relation to program Research. Field office questions shall be Section decisions and recommendations. They shall forwarded through the HUD approving also monitor projects to assure that official to the Assistant Secretary for 1. Purpose. mitigation measures are implemented. Community Planning and Development or 2. General Responsibilities in the Administration of HUD’s Environmental 3. Responsibilities in the Administration of his/her designee. Criteria and Standards. HUD’s Noise Abatement and Control [FR Doc. 96–7062 Filed 3–25–96; 8:45 am] Standards 3. Responsibilities in the Administration of BILLING CODE 4210±32±P HUD’s Noise Abatement and Control (a) Authority to approve projects. (1) HUD Standards. approving officials shall make decisions on federal register March 26,1996 Tuesday Diabetes; LimitedExemptions;FinalRule Qualifications ofDrivers;Visionand 49 CFRPart391 Federal HighwayAdministration Transportation Department of Part XI 13337 13338 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION the public interest and the safe of waived drivers indicating that they operation of CMVs. The safety had performed and continued to Federal Highway Administration performance data collected under the perform more safely than drivers in the vision and diabetes waiver programs general population of commercial 49 CFR Part 391 were used as the basis for this drivers. The notice announced plans to [FHWA Docket No. MC±96±2] determination. Historically, the FHWA develop and impose more stringent has issued limited waivers and does not performance conditions to further RIN 2125±AD73 intend to enter into any large scale reduce safety risks to the waived drivers Qualification of Drivers; Vision and program of exemptions. A separate and highway users. For more complete Diabetes; Limited Exemptions research effort would form the basis for information on the FHWA’s actions after any future adjustments, if warranted, to the court decision, see 59 FR 50887 AGENCY: Federal Highway the current vision and diabetes (October 6, 1994) and 61 FR 606 Administration (FHWA), DOT. standards. (January 8,1996). ACTION: Final rule. Vision Waiver Program Background Diabetes Waiver Program Background SUMMARY: The FHWA announces a final The FHWA announced its vision On July 29, 1993, the FHWA determination and final rule to allow waiver study in a notice of final published in the Federal Register a those drivers currently holding valid disposition on July 16, 1992 (57 FR notice of final disposition allowing waivers from both the vision and 31458). The intent of the program was certain insulin-using diabetic drivers to diabetes standards contained in the to obtain valuable information on the operate CMVs in interstate commerce Federal Motor Carrier Safety relationship between visual capacity 1 for a 3-year period. The purpose of the Regulations (FMCSRs) to continue to and the ability to operate a CMV safely. waiver study program was to collect operate in interstate commerce after This vision waiver study program was data on the driving experience of a March 31, 1996. This action is directed initiated as part of an overall regulatory group of insulin-using drivers and use solely at those drivers who have been review of the medical qualification that information to support amending, if granted temporary waivers to participate standards applicable to interstate CMV warranted, the current diabetes in either the Federal vision waiver study drivers. For a complete description of requirement.2 Approximately 140 or the Federal diabetes waiver study, the waiver program, see the FHWA’s drivers were accepted into the diabetes who numbered 2210 and 116, October 6, 1994, notice of waiver program. For a complete respectively, as of March 1, 1996. The determination; request for comments, at description of the diabetes waiver FHWA believes that allowing this 59 FR 50887. program, see 57 FR 48011 (October 11, special group of drivers to continue to 1992) and 58 FR 40690 (July 29, 1993). drive after March 31, 1996, is consistent A. Court Decision The August 2, 1994, court decision in with the public interest and safe On August 2, 1994, the U.S. Court of Advocates called into question the operation of commercial motor vehicles Appeals for the D.C. Circuit found that FHWA’s ability to issue waivers to (CMV). This action is necessary because the agency’s determination that the insulin-treated diabetic drivers because the waiver program will be terminated waiver program will not adversely affect of the similar approach used to pre- on March 31, 1996, and without this the safe operation of CMVs lacked qualify drivers for participation in the action, the drivers will no longer be empirical support in the record and diabetes waiver program. qualified to operate in interstate accordingly, the court found that the Accordingly, the FHWA notified the diabetes waiver drivers, in separate commerce after that date. With this final FHWA failed to meet the exacting mailings on March 28, 1995, of the rule, the FHWA allows these drivers to requirements of section 2505(f) (now 49 court’s decision and changes to the continue operations, subject to certain U.S.C. 31136(e)). Advocates for Highway Vision and Diabetes Waiver Programs operating conditions. This action also and Auto Safety v. FHWA, 28 F.3d 1288, that allowed both programs to continue includes a technical amendment to 1294. Consequently, the Court until March 31, 1996. The FHWA relocate an existing provision so that all concluded that the FHWA’s adoption of established stricter performance limited exemptions from driver the waiver program was contrary to law, conditions for all participants, and qualification standards can be found in and vacated and remanded the rule to enhanced the FHWA’s monitoring of the the same subpart. the agency. performance of the waived drivers in EFFECTIVE DATE: This final rule and B. Proceedings After the Court Decision order to ensure compliance with the technical amendment are effective On November 17, 1994, the FHWA statutory test as construed by the court. March 31, 1996. published a notice of final Comments FOR FURTHER INFORMATION CONTACT: The determination in the Federal Register The FHWA has received over 960 FHWA has established a telephone (59 FR 59386) extending the validity of separate comments to the docket in number to receive inquiries regarding the vision waivers through March 31, response to the January 8, 1996, notice this action. Contact Ann Dulaney at 1996. The FHWA’s decision was based, of proposed rulemaking (NPRM). The (703) 448–3094. Office hours are from in part, on data collected on the group 7:45 a.m. to 4:15 p.m., e.t., Monday majority of comments were from drivers in the waiver programs, their families, through Friday, except Federal holidays. 1 The current Federal vision standard for CMV SUPPLEMENTARY INFORMATION: Section drivers requires: distant visual acuity of at least 20/ and employers, all of whom favored the 206(f) of the Motor Carrier Safety Act of 40 (Snellen) in each eye without corrective lenses FHWA’s proposal to allow waived 1984 (MCSA), Pub. L. No. 98–554, 98 or visual acuity separately corrected to 20/40 drivers in the vision and diabetes (Snellen) or better with corrective lenses, distant waiver programs to continue driving in Stat. 2835 (codified at 49 U.S.C. binocular acuity of at least 20/40 (Snellen) in both 31136(e)) allows the Secretary of eyes with or without corrective lenses, field of interstate commerce after March 31, Transportation to issue waivers from the vision of at least 70 degrees in the horizontal Federal Motor Carrier Safety meridian in each eye, and the ability to recognize 2 The Federal diabetes standard for CMV drivers the colors of traffic signals and devices showing requires no established medical history or clinical Regulations only after a determination standard red, green, and amber. 49 CFR diagnosis of diabetes mellitus currently requiring that such waivers are consistent with 391.41(b)(10). insulin for control. 49 CFR 391.41(b)(3). Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13339

1996. Their comments addressed their Bernard Gustavsen, one of the waived performance and emphasized the need safe driving records and the significant drivers, opposed the NPRM. The to continue the medical monitoring. The economic and emotional hardships that comments of the AHAS and IIHS NPTC believed ‘‘the conditions FHWA would likely befall them without the addressed the reliability and accuracy of has put into place will effectively screen relief proposed in the NPRM. Other the FHWA’s risk assessment, use of the out any unsafe drivers and safeguard the commenters in favor of the proposal General Estimate System 3 (GES) as a operation of CMVs.’’ include the National Private Truck comparison group, existing scientific Egils K. Bogdanovics, M.D., a Council (NPTC), the Owner- Operator evidence of the increased crash risk of practicing endocrinologist and board Independent Drivers Association drivers with diabetes and vision- member of the American Diabetes (OOIDA), the American Association of impairments and other factors which, Association (Connecticut Affiliate) Motor Vehicle Administrators they contend, support their position that commented as a member of the Medical (AAMVA), the State of Utah Department the FHWA should not grant grandfather Advisory Board of the Department of of Public Safety, the U.S. Equal rights to the drivers holding a valid Motor Vehicles of the State of Employment Opportunity Commission Federal vision or diabetes waiver on Connecticut in support of the NPRM. (EEOC), the Disabilities Law Project, the March 31, 1996. Dr. Shelton, chairman Dr. Bogdanovics stated that he was not American Optometric Association of the Medical Advisory Board of the surprised by the safe performance of the (AOA), Eglis K. Bogdanovics, M.D., the Department of Motor Vehicles of the diabetes drivers, and cited the waiver International Brotherhood of Teamsters, State of Connecticut, believed that the program data to support his belief that Teamsters, Chauffeurs, Warehousemen FHWA’s NPRM, as proposed, was motivated insulin-treated diabetics can and Helpers (Local Union No. 110), without merit and created a privileged ‘‘scrupulously avoid hypoglycemia’’ and Teamsters ‘‘General’’ (Local Union No. class of drivers. Mr. Gustavsen stated operate CMVs safely. 200), the International Union of that he opposed the waiver program and The AOA strongly supported the Operating Engineers (IUOE) and the believed that all rules and regulations FHWA’s proposal to allow the drivers in Institute for Public Representation of the prior to the waiver should remain the vision waiver program to continue Georgetown University Law Center. enforced and be carried out to the fullest operating CMVs in interstate commerce While the majority of the commenters degree; however, it is not clear whether after March 31,1996; however, they supported the NPRM as proposed, some Mr. Gustavsen understands that, were silent on whether waived drivers supported it with slight modifications. without his waiver of the current vision in the diabetes program should be Some of the waived drivers believed standard or grandfather rights after allowed to continue driving. The AOA that the required medical monitoring, March 31, 1996, he would not qualify to believed that an examination by an especially the requirement for an annual operate a CMV in interstate commerce. ophthalmologist or optometrist as part physical examination pursuant to These comments are more fully of the medical requirements for § 391.43, instead of every 2 years as is discussed below. operating under the proposed required of other drivers, was grandfather provision was appropriate. burdensome, expensive and Discussion of the Comments The AAMVA commented in support unnecessary. One supporter believed A. In Favor of the NPRM, but expressed some that the proposed level of medical reservations concerning the drivers in monitoring was insufficient and made The Disabilities Law Project, a non- the diabetes waiver program. recommendations for additional profit law firm representing individuals Specifically, AAMVA was concerned monitoring. Other supporters of the with disabilities including several about the potential effects of NPRM contended that the FHWA’s waived drivers, believed that unsafe hypoglycemia on CMV drivers. The proposal did not go far enough and drivers have been effectively screened American Diabetes Association, in urged the FHWA to extend its proposed out of the waiver program and that the earlier comments to FHWA docket MC– grandfathering rights to other similarly good driving performance of these 87–17, noted that mild hypoglycemia qualified drivers who were not currently remaining drivers as well as the resulting in minor cognitive effects is participating in the waiver programs proposed medical monitoring not an immediately threatening and/or to amend its physical requirements will ensure the continued emergency, although it should be qualification standards to allow safe driving of this group of drivers. addressed immediately by ingesting individual determination of the ability Furthermore, this firm believes that the glucose. The FHWA believes that such to drive, rather than blanket exclusions. FHWA’s proposed actions are ingestion can occur quickly and without Phillips Petroleum Company ‘‘consistent with national policy as stopping the vehicle. Therefore, it is supported the proposal for drivers expressed in the Rehabilitation Act of requiring that the diabetic drivers carry currently holding vision waivers, but 1973 and the Americans with a source of rapidly absorbable glucose opposed it for those drivers holding Disabilities Act to facilitate the while driving. Individuals with severe diabetes waivers, stating that the employment of qualified individuals hypoglycemic reactions or insulin-using diabetic drivers pose a with disabilities.’’ hypoglycemic unawareness were higher medical risk with potentially The NPTC, a national association excluded from participating in the disastrous consequences. The American representing more than 1100 companies program. The FHWA believes that Trucking Associations (ATA) supported that utilize proprietary trucks in their today’s medical technology for a ‘‘case-by case review that considered business activities, believed the screening individuals for severe the merits of individual waived FHWA’s proposal will be an important hypoglycemia and the proposed medical drivers,’’ but opposed the broad step in the FHWA’s overall efforts to monitoring requirements, including an issuance of waivers stating that the establish performance-based standards. annual examination by a ‘‘analysis doesn’t justify grandfathering It cited the drivers safe driving endocrinologist, ensure that such all waived drivers.’’ individuals will be detected and Four commenters, the Advocates for 3 The GES is a national survey conducted by the removed from the pool of diabetic National Highway Traffic Safety Administration Highway and Auto Safety (AHAS), the and was selected for use as the best measure of the drivers operating under § 391.64. Insurance Institute for Highway Safety prevailing national norm relative to large truck The OOIDA, a national trade (IIHS), Philip A. Shelton, M.D., and Mr. accidents. association representing the interests of 13340 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations a large number of independent owner- reopen the waiver programs in light of annual physical qualification operators and professional drivers at the Court decision in Advocates for examination and certification in both the Federal and State level, urged Highway and Auto Safety v. Federal addition to an annual eye examination the FHWA to allow the waived drivers Highway Administration, (28 F. 3d for the vision impaired drivers and an to continue to operate in interstate 1288, D.C. Circuit 1994). The FHWA annual examination by an commerce, stating that the drivers ‘‘have recognizes that there were weaknesses endocrinologist for diabetic drivers as earned the privilege .... as evidenced by in the waiver study design and believes an extra precaution to ensure the their safety record.’’ The OOIDA also that the waiver study has not produced, continued safe operation of these believed that the medical monitoring by itself, sufficient evidence upon drivers. requirements were sound and that the which to develop new vision and The ATA, a national trade association affected drivers would not object to diabetes standards. The waived group of representing the trucking industry, these requirements in order to continue drivers has perform as well as or better commented in opposition to the broad driving after March 31,1996. than a similar group drawn from the issuance of waivers, but stated it would The IBT, IUOE, and the EEOC, like general population of CMV drivers support a case-by-case evaluation that OOIDA, supported the FHWA’s because of the waiver program considered the merits of individual proposal to allow the waived drivers to preselection criteria and conditions. The waived drivers. Notwithstanding the operate in interstate commerce after FHWA’s goal is to adopt driver physical safe performance of the drivers in the March 31, 1996, but they also urged the qualification standards that are more waiver program, the FHWA’s decision FHWA to move beyond this proposed performance-oriented; that is, more to allow this group of vision and action and change the physical reflective of the actual physical diabetes waived drivers to operate qualification requirements to allow requirements that foster safe operation CMVs in interstate commerce has been individual assessments of a driver’s of commercial vehicles. Therefore, the and continues to be based on the ability to safely operate a CMV in FHWA has undertaken comprehensive individual assessment of each driver’s interstate commerce. They cited the research to develop parameters for a compliance with the waiver program good driving performance of the waived more performance-based vision conditions, including driving drivers and, therefore, concluded that standard for all commercial drivers and performance and medical requirements. the drivers were not a high risk group. has initiated plans to conduct a Initially, to determine eligibility for Comments in the form of a legal brief retrospective study to examine the risk participation in the waiver programs, were filed on behalf of two self- associated with permitting insulin-using individual determinations were made employed interstate truck drivers by the diabetic individuals to operate on the basis of complete data submitted. Institute for Public Representation of the commercial motor vehicles (CMVs). Each driver’s application was Georgetown University Law Center. Many waived drivers who supported individually examined, any missing Both of the drivers are petitioners in the the proposal stated that the requirement information was required to be United States Court of Appeals for the for an annual physical qualification furnished, and each driver was 8th Circuit, appealing the FHWA’s examination and certification, instead of measured against the waiver standards decision to deny them waivers from the every two years as required for other to assure that all the conditions were vision standard. The comments were drivers, will be burdensome to drivers met. Recognizing that this group of strongly supportive of the proposed both financially and in terms of time off waived drivers could potentially action, but strongly critical of the from work to get the examination. Other include some subpar drivers who FHWA’s failure to extend the exemption waived drivers believed that any further individually would present an to all other drivers ‘‘identically monitoring of their physical condition unacceptable risk, the FHWA took steps situated.’’ The brief contends that the beyond the current requirements for to identify and remove such drivers. FHWA has de facto amended the drivers operating in interstate commerce The FHWA’s monitoring systems, which standard, and that the two drivers are is unwarranted for the above stated have been in effect since the inception now qualified under the amended reasons and because their good driving of the programs, were later enhanced to standard. performance proves that they are not a more promptly identify subpar The FHWA disagrees that these high risk group. performers among the waived group to drivers are ‘‘identically situated.’’ Since The FHWA has determined that the ensure that safety was maintained. The neither has participated in the waiver requirements for an annual physical FHWA’s periodic verification of the program, neither has been subject to the qualification examination pursuant to waived drivers’ reported accidents and same performance standards, reporting § 391.43 and annual medical citations through each driver’s State requirements and monitoring. The examinations by ophthalmologist or motor vehicle record (MVR) was FHWA also disagrees that the standard optometrist and endocrinologists are not increased to monthly monitoring. has been changed, but the agency is overly burdensome in light of the facts Additionally, medical reports from the continuing its efforts to conduct the that this group of drivers has physical waived drivers have been reviewed and research necessary to enable it to make conditions that would otherwise verified. Therefore, the FHWA has the changes that are indicated when that disqualify them from interstate determined that the 2326 drivers in the work is completed. The remaining operations pursuant to § 391.41(b)(10) vision and diabetes waiver programs arguments made in the comments are and § 391.41(b)(3) of the FMCSRs and have individually merited partial best left for resolution by the court in that an individual’s medical or physical exemption from §§ 391.41(b)(10) or the pending litigation. condition may deteriorate over time. In 391.41(b)(3). The FHWA agrees that this group of fact, some drivers’ waivers were The ATA commented that the NPRM drivers is not a high risk group and will canceled because the disqualifying provided ‘‘too little control’’ over the use their performance data to support condition for which they were waived drivers in the waiver programs. It allowing them to continue driving after had worsened or they had developed suggested that the FHWA should March 31, 1996. However, it does not other medical problems or conditions augment its proposed monitoring plan to use this data for any future that caused them to be otherwise program by requiring (1) Copies of the adjustments to the vision and diabetes unqualified pursuant to § 391.41. annual physical qualification standards; nor does the FHWA plan to Therefore, the FHWA will require the examination and certification pursuant Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13341 to § 391.43 and the medical believes that merging the medical rate. That statement applied to Tables 1 examinations by the appropriate determination process with the CDL and 2 in the Risk Assessment Report medical specialists be sent directly to process will provide further scrutiny of which reported the rates for cumulative the FHWA to be included in a database the performance of all commercial periods of time from the beginning of of waived drivers, (2) that information drivers. Therefore, the FHWA has the program. The accident rate given for concerning the driver’s activities at the determined that the monitoring January to June 1994 (Table 4) was time of an insulin reaction conditions, as outlined in the NPRM, presented in the context of data to be (hypoglycemia) be reported, (3) FHWA are more than adequate to ensure the used for a trend analysis of independent notification to each driver 45 days in continued safe operation of these time periods and no comparison was advance of the expiration of the current drivers when viewed in the framework made for that data relative to the general physical qualification certificate, and (4) of the safeguards in place for monitoring driver population. The statement of the the medical examiner to provide copies all commercial drivers. The proposed higher rate for that period was made in of the required certifications to the monitoring conditions will provide the context that it represented a employer and driver. Although the ATA safeguards for employers while not departure from the accident trend across considered the monitoring conditions imposing an undue burden on the time. Even with this departure, the for operating under the proposed grandfathered drivers. overall accident trend was not grandfather provisions to be the The ATA expressed concern over increasing and, in fact, showed a foundation for an appropriate potential changes to the medical decreasing trend. monitoring program, the FHWA believes certificate as a result of this action and The ATA also stated that there was a its proposed monitoring program, in light of additional changes that may failure to analyze the accident regarding medical requirements and be forthcoming as a result of the experience of the drivers in the two performance, is an extra precaution that FHWA’s plans for revising the medical groups, vision and diabetes, in the same enlarges the current system of examination form. Although the FHWA manner. It is true that the accident rates safeguards in place for all CMV drivers finds it necessary to change the medical of the two groups were viewed in a in the general population. All of the certificate to verify that a driver is different manner relative to the national drivers who will be operating under this qualified to operate a CMV by operation rate, but this was done because the grandfather provision will be subject to under § 391.64, the FHWA is sensitive numbers of drivers in the two groups State or Federal enforcement or to ATA’s concerns regarding an were so disparate (over 2,000 in the licensing sanctions and, in most cases, adequate lead time for informational vision group versus slightly more than to the penalty provisions of the changes to forms and to the ATA’s 100 in the diabetes group) that the same commercial drivers’ license regulations economic concerns as a result of having method of analysis could not (49 CFR Part 383). Furthermore, the to discard large inventories of current appropriately be used for both. In the FMCSRs currently require the medical forms. Therefore, the FHWA will allow vision group, confidence intervals were examiner to provide a copy of the the current medical certificate form to used to relate that group’s accident rate medical certificate to the motor carrier. be used until existing stocks are to the national rate. This was done In addition, the FMCSRs do not exhausted or until one year from the because the number of drivers was of preclude employing motor carriers, the effective date of the change, whichever sufficient size that the error of estimate first level enforcers under the regulatory comes first, provided that medical for the accident rate would not be so examiners using existing forms make large as to allow the rate to get too much scheme for the FMCSRs, from imposing appropriate handwritten notations of above the national rate before safety additional requirements to ensure that the required information on such forms. concerns were alerted. Conversely, the their drivers meet the requirements The ATA’s comments included a small numbers in the diabetes group under § 391.41. Many motor carriers recommendation for a final report on provide an error of estimate for their obtain copies of the completed medical the FHWA’s waiver programs. The accident rate which is larger and, as a examination form to keep on file while FHWA will prepare a final report of its result, it was determined that the actual others will require certification by a efforts in this area and will give rate without confidence intervals would medical examiner of their choice even consideration to the ATA’s suggestions be compared to the national rate. When though the driver has a current medical for information to be addressed in the the diabetes group’s rate became larger examiner’s certificate. Some employers report. The report will be placed in the than the national rate, a more detailed require both. The provisions in § 391.64 docket. scrutiny of the drivers was made. If the will not preclude motor carriers or other The ATA raised several issues lower level of the confidence interval employers from obtaining additional concerning the risk assessment used by for the vision group’s rate had become information on employees who will be the FHWA to justify granting larger than the national rate, a similar operating under this grandfather grandfather rights to the waived drivers type of scrutiny would have been done provision. after March 31, 1996. We believe that for that group. An overall approach of Furthermore, the FHWA believes that the ATA comments contain a this type is accepted practice to protect the entire medical determination misunderstanding of the data presented patients in clinical trials that investigate process can best be delivered through a in the Risk Assessment Report. It stated the therapeutic use of pharmaceutical State-administered program linked to that ‘‘in assessing the accident rate of products. the issuance and renewal of CDLs. After drivers in the vision waiver program, it The ATA and the AAMVA the recent completion of six pilot is reported that their rate was below that commented on the proposed demonstration programs to verify these of the general commercial vehicle driver requirement that the endocrinologist States’ ability to integrate the medical population except for the period January certify that the driver is free of insulin determination process with the CDL to June 1994.’’ The ATA is erroneously reactions (less than one documented, process, the FHWA recommended that combining statements from two symptomatic hypoglycemic reaction per this medical transfer to the States be different tables. The NPRM did state month). The AAMVA misinterpreted handled through a negotiated that the accident rates of these drivers this requirement concerning rulemaking process to begin sometime were below that of the general hypoglycemia to mean that one in the summer 1996. The FHWA commercial vehicle driver population hypoglycemic reaction per month 13342 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations would be allowed, including severe difficult to perform cross-table program had fuller participation. The hypoglycemic reactions. This was not comparisons. fuller program data presented in the the FHWA’s intent. The FHWA These two tables in the Assessment past contains drivers whose waivers continues to believe that individuals were not intended to be compared. As were subsequently revoked for a variety with severe hypoglycemia and is stated in the text of the assessment of reasons, only one of which was hypoglycemia unawareness should be (page 2), Table 1 is a compilation of data prompted by the driver having an excluded from operating CMVs. At the presented in the various monitoring accident with a citation. Having an same time, the FHWA believes that mild reports developed throughout the course accident with a citation is a relatively hypoglycemia is not an immediately of the program. The rates presented in rare event, and the preponderance of threatening emergency, although it must that table represent all drivers who were revocations occurs for reporting be addressed within a few minutes by in the program at the time of the problems, such as failure to report ingesting glucose. The reference, ‘‘less particular monitoring report. Table 2, on medical evaluations, mileage, than one documented, symptomatic the other hand, is a re-examination of violations, and other required data. hypoglycemic reaction per month,’’ was the accident data for only those drivers When these individuals are removed intended to provide guidelines to the who are still in the program as of from the program, their vehicle miles endocrinologist and medical examiner October 1995 (as was stated in the text). traveled (VMT) are also removed from for evaluating the status of the driver’s Given that this is a re-examination of reports but, unless they also had diabetic condition for the preceding 12 those drivers in October 1995, it is accidents, there is no reduction in the months. This reference was included possible to retrospectively restructure overall number of accidents reported. because the FHWA was anticipating the the dates of accident rate presentation Therefore, the accident rates per million question, ‘‘ What is meant by free of with information available at that later VMT will naturally increase. Even with insulin reactions?’’ To clarify this issue, date. Since the tables were not intended this increase, however, the accident the FHWA believes that an individual is for comparison, given that they are rates of those remaining in the vision free of insulin reactions if he or she does based on different sets of drivers at waiver group are still considerably not have severe hypoglycemia (i.e., different time periods with different lower than the national rate. episodes of altered consciousness retrospective perspectives, the The AHAS has made several requiring the assistance of another appearance of apparent incongruities is statements alluding to the inadequacy of person to regain control) or not surprising. This misapplication is, the study design in the diabetes waiver hypoglycemia unawareness (i.e., the unfortunately, exacerbated by some program. The AHAS claimed that the typographical errors. In Table 1, the inability to recognize the early inadequacies of the design undermine National Accident Rate for the June symptoms of hypoglycemia), and has the ability of the FHWA to draw 1994 comparison should be 2.400 less than one documented, symptomatic inferences from the results. The AHAS’ instead of 2.422. In addition, in Table 2, hypoglycemic reaction per month. Any understanding of the activities the year of the national accident rate for one episode or a series of documented, surrounding the diabetes waiver is the June 1994 comparison should be symptomatic hypoglycemia reactions inaccurate. The FHWA is not presently should be evaluated in terms of the 1992 rather than 1993. Other apparent inconsistencies conducting a study to generalize the individual’s overall diabetic condition, identified by AHAS are explained on feasibility of issuing waivers to diabetic and whether the individual, as a result the basis of how data are reported to drivers. No inferences about a waiver of such reactions, is likely to experience GES and to the waiver program. For program will be drawn from these any diminution in driving ability. The example, the AHAS stated that the results. No research study has been in FHWA believes that the more frequent national accident rate used for June place since the U.S. Court of Appeals’ medical evaluation and self-monitoring 1993 (the 1991 rate of 2.13) is different decision, cited above, regarding the requirements for operating under from that used just two months later for waiver programs. Since that time, the § 391.64 will ensure that the drivers August 1993 (the 1992 rate of 2.40). The program has focused on the monitoring operating under this grandfather use of different rates is related to the of the drivers. This means that the provision who develop severe availability of data from GES. The procedures of inferential research do not hypoglycemia or hypoglycemia results of the GES data acquisition apply in this circumstance. In its place, unawareness will be identified and process for any year usually become monitoring is conducted on multiple promptly removed from the pool of available in late summer or early fall for levels: in group monitoring to compare drivers. the subsequent year. The 1992 GES data the waived drivers’ accident rates to the B. In Opposition were not available in June 1993 but national accident rate as a warning became available by August 1993. device, and thereafter, on a case-by-case The AHAS voiced strong opposition The AHAS also pointed out that, for basis if the group monitoring indicates to the FHWA proposal to grant June 1994, the smaller number of this is necessary. grandfather rights to the drivers in the drivers in Table 2 had a larger number Since the FHWA changed the focus of vision and diabetes waiver program of accidents (293) than the number of the waiver program, the AHAS’s after March 21, 1996. In addition to drivers in Table 1 for that date (292). comments concerning the study design rearguing the position it took in the This is explained by the nature of delays have been resolved. For example, given court proceedings, the AHAS criticized in reporting. The accidents reported in that no inference is drawn, the size of the proposal to grandfather these drivers June 1994 in Table 1 are for the the sample is irrelevant. Also, when the asserting that the FHWA relied on a complete reporting period prior to that FHWA detects that the group accident monitoring program that it characterized date. The data reported in Table 2 is rate in a monitoring report exceeds the as lacking precision and containing taken from complete data reported as of national rate, it is not contrary to study inaccuracies and inconsistencies. The October 1995. methodology to use a case-by-case AHAS stated that the comparison of The AHAS has also observed that the review, because the monitoring effort is Table 1 and Table 2 in the FHWA Risk drivers remaining in the program (Table not a study. Moving to a case review is Assessment (October 12, 1995) shows a 2) have persistently higher accident a prudent step in the monitoring number of incongruities and that it is rates than those shown when the process. It is the same process as that Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13343 used in clinical trials to protect patient national rate, it is necessary to have speculate that the different results may safety. complete mileage data to construct the be due to company owners being more The AHAS stated that the conduct of group accident rate. The accidents that rigorous in their selection of drivers for case reviews is not a valid means of are combined with relevant mileage articulated trucks or that the results are conducting statistical analysis. In the must be from the same period of time, due to different levels of disease context explained above, this claim is and mileage data reports lag behind the severity in the two groups of diabetic clearly not relevant since the focus of accident reports. Accidents must be drivers. the data presentation in the diabetes reported within 15 days of their This study does not distinguish monitoring report was comparative and occurrence. Since accidents occur at between diabetic drivers who are treated not a statistical analysis with such facets random times, it is not possible to have with insulin and those who are not. The as confidence intervals. mileage reported concurrently with authors also do not report the number The AHAS also stated that case-by- accidents. However, since the accidents of diabetic drivers in relation to truck case evaluations are entirely subjective are usually reported first, they are type. In addition to not examining the since they are not based on such examined to determine if action should interactive effects of disease severity, methods as accident reconstruction. The be taken relative to a particular the potential moderating effects of other contrast offered here is hardly valid accident. factors (e.g., age and driving behavior) because accident reconstruction also has The AHAS commented on its are not analyzed. Thus, while the results subjective components and is therefore previous objection to the diabetes are significant in the context of straight not entirely objective. In like manner, waiver program that pointed out the trucks, the overall lack of specificity the case level analysis conducted by the safety dangers inherent in a plan that strongly suggests that this outcome is FHWA is not entirely subjective. The relies on close monitoring. The FHWA preliminary and not directly applicable analysis at that level seeks to determine is aware that an individual under close to the waiver group. if the reporting police officer has issued or tight control has a greater propensity Koepsell et al. (1994) reported that a citation indicating that the driver may for episodes of hypoglycemia than an they found more than a two-fold risk of be at fault. The analysis also examines individual under less rigid control. crashes among diabetic drivers who the accident report to detect if there is However, as the FHWA stated in an were 65 years of age or older. This any evidence of driving behavior that earlier notice (58 FR 40690), it is not would be consistent with the could potentially indicate a mandating tight control for the drivers degenerative nature of the disease hypoglycemic event, such as crossing who will be operating under § 391.64. relative to aging. However, the average the median, swerving, or driving off the As already mentioned, individuals with age of the drivers in the diabetes waiver road. In the cases where medical severe hypoglycemia or hypoglycemia group is slightly over 43 with less than attention is given to the waivered driver, unawareness were excluded from one percent (0.85%) 65 or older. That reports on glucose levels are obtained. participating in the diabetes waiver study, therefore, is not directly relevant Therefore, both methods involved some study program. Such individuals will for the present group of drivers. analytical decision making based on continue to be promptly identified, Cox et al. (1993) reported that in a evidence. found unqualified, and removed from group of 25 Type I diabetics on a driving The AHAS stated that the FHWA does this pool of drivers by virtue of the more simulator, driving performance was not review GES data to eliminate frequent medical evaluation and self- significantly disrupted under conditions accidents in which the truck driver was monitoring conditions for operating of moderate hypoglycemia. However, it at fault. It is true that the FHWA did not under § 391.64. seems reasonable that these study do this, however, the FHWA did not The IIHS, in its comments opposing conditions, i.e. testing conducted under compare the at-fault accident rate of the the FHWA’s NPRM, stated that fasting conditions and IV insertions in diabetic group to the GES data. A ‘‘evidence continues to mount the arms of individuals being tested, comparison was made for accidents concerning the increased crash risk of would, in and of themselves, affect when one vehicle was towed from the drivers with diabetes.’’ To support this, overall performance. The limited scene. This rate for the diabetes group it submitted three studies (Dionne et al., relevance of these study findings to the was 0.783. It was pointed out by the 1995; Koepsell et al. 1994; Cox et al. drivers in the FHWA waiver programs is Insurance Institute for Highway Safety 1993) which are addressed below. While best represented by the Cox Study that the rate should be compared with these studies are well-performed and conclusion itself: ‘‘Because we used a the national rate for tow away accidents, their results are clearly defensible, a simulator, it is not clear to what extent which was estimated by the University closer scrutiny suggests that they may these data can be extrapolated to an of Michigan’s Transportation Research not be as conclusive relative to the individual’s actual driving Institute (UMTRI) to be 0.911. In this waiver group as IIHS implies. For performance.’’ case, the diabetes group’s rate is lower example, the Dionne (1995) study seems Regarding the crash risk of drivers than the national rate (0.783 vs 0.911). to show that diabetic drivers of straight with vision impairments, the IIHS cited The AHAS stated that there is a trucks have a 2.4 relative risk of the Rogers and Janke study of California problem in the reporting process which accidents when compared to healthy heavy vehicle operators with vision involves a lag-time in revealing drivers. Taken in isolation, this result is impairments. This was a 1987 study accidents in the diabetes waiver compelling. But viewed in the broader conducted at the request of the FHWA. program. The FHWA recognizes that context of the study, it is less conclusive While the study findings for this there is a lag in reporting accidents in relative to FHWA’s waiver program. In visually impaired group showed that the monitoring report, but notes that particular, this study also examined both their accident and conviction rates, there is no lag in examining accidents diabetic drivers of articulated trucks, adjusted for age, were significantly and as they are reported to the FHWA. The and there was no significant relative risk substantially higher than those for lag in reporting in the monitoring report for that group. The authors of the study visually nonimpaired drivers, the is due to the delay in the reporting of state that it is difficult to explain why authors concluded that the ‘‘evidence vehicle miles traveled. Since the initial diabetic drivers of straight trucks show presented could not be considered focus of the monitoring report is to elevated risk while this result does not compelling in substantiating the federal compare the group accident rate to the hold for articulated trucks. They standard, given the lack of good data on 13344 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations possible exposure differences.’’ convictions and/or accidents does of the vision waiver group. Their Although not cited by the IIHS, indicate a higher risk of a future accident rate, even with the foregoing McKnight et al. (1985) concluded in accident. Of course, the converse is possibility, is still lower than the their study of monocular and binocular more appropriate, i.e., the absence of national rate. truck drivers that an individual’s style convictions and/or accidents indicates a The IIHS is correct in its assertion that of driving was a more predictive lower risk of a future accident—the so the FHWA has improperly characterized measure of accident involvement than called ‘‘safe driver’’ in insurance the GES data. The FHWA was incorrect was visual status. They found that premium-setting parlance. This is to state that accidents are not included monocular drivers showed deficiencies consistent with the findings of the many in GES unless one vehicle was towed on a number of clinical visual measures, studies cited in the Notice of Final from the accident scene. The diabetes but no differences were found between Determination of November 17, 1994 (59 waiver group accident rate of .783 under monocular and binocular drivers in FR 59386) which support the principle towed vehicle condition should not tasks of actual driving performance (i.e., that past behavior, in terms of accidents have been compared to the national rate information interpretation, hazard and convictions, is still the best of 2.39. The IIHS was correct in stating detection, visual search, lane keeping, predictor of future performance. Thus that the 0.783 rate should have been clearance judgment, and gap judgment). the FHWA believes that in determining compared to the more appropriate rate The IIHS claimed that there are a the relative risk of this group of waived (towaway crashes) calculated by UMTRI number of fallacies in the reasoning that drivers, the same information being which was 0.911. However, 0.783 is still lead to the FHWA proposal. As a first used by the insurance industry is a valid smaller than 0.911 and the rate ratio fallacy, it claimed that the FHWA’s measure that should be applied in involving these two .783/.911=.859) is reasoning is based on a relatively clean making this decision regarding relative less than one. For this particular group individual driving record predicting performance of the drivers in this study of drivers, this piece of evidence future low crash risk. The IIHS versus the pool of all drivers. suggests they are certainly not less safe indicated that this reasoning is faulty The IHS also claimed that GES is an than the average CMV driver. because a study of crashes in California inappropriate comparison group. It The IIHS stated that a limitation of the showed that two-thirds of the crashes in stated that this has been noted by program was the methods used to one year involved drivers who had no FHWA’s consultant, Dr. Thomas Songer, ascertain crash involvement and traffic accidents in the preceding three years. who pointed out that such factors as age violation citations. The IIHS stated that Although this is a cogent result for and driving patterns cannot be self-reporting of crashes and violations individual drivers, it is not reflective of controlled in this manner of is problematic and the primary source of the analysis conducted by the FHWA in comparison. It is true that ancillary verification, motor vehicle records, is making the determination to grandfather factors cannot be controlled through a less than complete. It is true that self- this group of drivers. The FHWA has comparison with GES, but the FHWA reporting can be problematic and determined that the current group, and believes that this type of control is not requires some form of verification. At only this group of drivers, as a group, of primary interest in this situation present, the FHWA verifies the does not present an increased risk on where the decision involves safety on waivered drivers’ accident and violation the road. That is, individuals may have the roads in general. For example, a reports in three ways. In some cases, unpredictable variability in accident study in which a control group is driver MVRs and driving histories are behavior across time but groups are not selected, even randomly, and matched obtained directly from States. necessarily that labile. Groups can have to the study group has as its intent the Verification is also conducted by stable behavior over time when (1) achievement of internal validity in the obtaining driver records through a preselected and (2) closely monitored. comparison. But, as is being commercial provider that does The FHWA believes that by examining increasingly pointed out in medical screening for automobile and truck individuals in this group, over the past research where randomized trials are rental companies and insurers. In three years, relative to a number of the basis of good science, these addition, the FHWA is able to obtain responsible behaviors, the surviving controlled studies which do not driver histories by querying the group has stable behavior relative to a specifically address external validity Commercial Driver License Information total accident rate, a rate that is have this as the chief potential System (CDLIS). The CDLIS is a consistently lower than the national weakness with their results (U.S. component of the national CDL program rate. Moreover, when the accident rates General Accounting Office, ‘‘Cross which has as one of its procedures the of the drivers to be grandfathered were Design Synthesis; A New Strategy for requirement that States communicate examined in six-month periods, a Medical Effectiveness Research,’’ March the relevant accident and violation significant decreasing trend (page 5, 1992, GAO/PEMD–92–18). It is believed information for out-of-State drivers to Risk Assessment) was observed. Hence, that external validity is of primary the State of their licensing. while the prediction of individual crash concern in the decision to allow this The IIHS’ comments that jurisdictions behavior is problematic, the fact that group of drivers to continue in their ‘‘are not forwarding all the convictions this group has a lower accident rate than professions and, as a result, GES is the to the primary licensing’’ jurisdiction is the national rates with a significantly best focus for this validity. an acknowledged traffic record problem. decreasing trend strongly support the Another fallacy alleged by the IIHS However, for CDL drivers this is now an FHWA’s determination that they will involves the FHWA’s statement that issue subject to State compliance not present increased risk by driving on most waivered drivers are not at fault in requirements. It is being addressed as the nation’s roads, while being their crash involvement. It stated that part of the overall effectiveness of the monitored. the problem concerns the subjective CDL program. There are a number of Furthermore, the insurance industry nature of fault determination. The IIHS efforts underway addressing the issue of continues to follow a practice of setting is correct in this finding and in its claim convicting jurisdiction reporting to the insurance rates based on accident and that a waivered driver, while not at licensing jurisdiction, including efforts conviction information that becomes fault, could have an impaired ability to to increase the awareness of various available to them, indicating by industry react quickly. However, the IIHS’ claim police organizations and courts practice that they believe a pattern of is not germane here, given the behavior regarding the requirements of the CDL Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13345 program. The FHWA will continue to Therefore, the FHWA hereby amends CMV. An individual is free of insulin vigorously pursue this issue for all 49 CFR part 391 to grant grandfather reactions if he or she does not have licensees. rights to all drivers holding a valid severe hypoglycemia (i.e., episodes of Federal vision or diabetes waiver on altered consciousness requiring the Determination March 31, 1996. Under the grandfather assistance of another person to regain After a thorough review of the provision, the FHWA will allow only control) or hypoglycemia unawareness comments submitted in response to the those drivers who have been granted (i.e., the inability to recognize the early January 8, 1996, NPRM, the FHWA temporary waivers to participate in the symptoms of hypoglycemia), and has believes that grandfathering this group Federal vision and diabetes waiver less than one documented, symptomatic of waived drivers to continue operating programs, numbering 2326 as of March hypoglycemic reaction per month. CMVs in interstate commerce, subject to 1, 1996, to continue to operate in These drivers will be required to carry the operating conditions under § 391.64, interstate commerce beyond March 31, a source of rapidly absorbable glucose is consistent with the public interest 1996, subject to certain operating and continue to monitor their blood and the safe operation of CMVs, in conditions. This action will provide glucose using a portable glucose accordance with the Motor Carrier relief to these drivers who, monitoring device equipped with a Safety Act of 1984 (49 U.S.C. 31136(e) notwithstanding the demonstrated computerized memory one hour prior to (1994)). abilities of the group, would otherwise driving and approximately every four The FHWA has documented the safe not be permitted to operate a CMV in hours while driving. Upon request, the driving performance over a six-year interstate commerce. These grandfather driver must submit his or her blood period for the vision waived drivers and provisions are conditional, in order to glucose logs to the endocrinologist and/ over a five-year period for diabetes ensure the continued safe operation of or the medical examiner or when waived drivers and determined that this these drivers. In addition to the otherwise directed by an authorized group of waived drivers will be allowed conditions regarding medical agent of the FHWA. A copy of the to continue driving in interstate requirements discussed below, the endocrinologist’s report must be commerce after March 31, 1996, based FHWA will monitor the performance of submitted to the medical examiner at on continuous and sustained safe these drivers through periodic checks. the time of the annual physical performance as a group. The underlying qualification examination under part Medical Requirements for Operating basis for this action is the performance 391 of the FMCSRs. data gathered to date and risk analysis Under This Grandfather Provision This final rule requires this group of performed on this data that show that The FHWA recognizes that any drivers to carry a medical certificate the continued operation of both waived person’s medical or physical condition stating: ‘‘Medically qualified by groups of drivers, who total 2326 as of may deteriorate over time. operation of 49 CFR 391.64.’’ Drivers March 1, 1996, will be consistent with Consequently, the FHWA will require a who do not provide a copy of the the public interest and safe operation of physical examination every year under required information from the CMVs. Prior to being admitted into the § 391.43, instead of every 2 years as is ophthalmologist/optometrist or the study, the waiver applicants had to required of other drivers, as an extra endocrinologist to the medical examiner demonstrate a three-year period of safe precaution to ensure the continued safe at the time of their annual physical driving performance (i.e., no chargeable operation of these drivers. Under this qualification examinations cannot be accidents and no more than one serious provision, the waived drivers, like all recertified to continue driving a CMV in traffic violation). Since the program other interstate drivers, must be interstate commerce under this began, the data have shown that the otherwise physically qualified pursuant grandfather provision. driving performance of this group of to § 391.41 of the FMCSRs. waived drivers is better than the driving In addition, in this final rule, the Technical Amendment performance of all CMV drivers FHWA requires the grandfathered vision In this final rule, the FHWA also collectively, based on data obtained impaired drivers to obtain an annual relocates the provision in part 391 from the General Estimates Service vision examination by an granting limited exemptions for intra- (GES). Moreover, each driver in the ophthalmologist or optometrist city zone drivers. The current provision, vision and diabetes waiver programs has indicating that they have been examined required under the Motor Carrier Act of been closely monitored, in many cases within the past two months and that the 1988 (49 U.S.C. 31136(f)), is codified as for three years or more, and the poorest vision in the better eye is at least 20/40 paragraph (d) of 49 CFR 391.2, General performers have been eliminated. acuity, corrected or uncorrected. This Exemptions. This action redesignates Coupled with their 3-year good driving information must be submitted to the the provision, without any substantive record preceding the waivers, their medical examiner at the time of the change, as § 391.62, where it is more continued good driving during the individual’s annual physical properly included in subpart G, Limited waiver program has earned these drivers qualification examination under part Exemptions. Paragraph (d)(5)(i) of 49 individually partial exemption from 391 of the FMCSRs. CFR 391.2 is also being deleted as §§ 391.41(b)(10) and 391.41(b)(3), Similarly, diabetic drivers superfluous. respectively. grandfathered as a result of this action In addition, the FHWA believes that are required to obtain an annual Executive Order 12866 (Regulatory the continued employment of examination by a board certified/eligible Planning and Review) and DOT individuals with demonstrated safe endocrinologist who must certify that Regulatory Policies and Procedures driving records is in the public’s interest the driver (1) has been examined within The FHWA has determined that this by allowing these individuals to gain the past two months; (2) is free of final rule is not a significant regulatory employment in occupations of their insulin reactions; (3) has the ability and action under Executive Order 12866 or choice, by promoting economic viability has demonstrated willingness to under the regulatory policies and and furthering national policy and properly monitor and manage his/her procedures of the DOT. It is anticipated legislative goals articulated in both the diabetes; and (4) does not have a that the economic impact of this rule Rehabilitation Act of 1973 and the diabetic condition that would adversely will be minimal because of its limited Americans with Disabilities Act of 1992. affect his or her ability to operate a application and the small number of 13346 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations affected drivers. Moreover, this action Executive Order 12372 (d) Does not operate a vehicle used in will not have any permanent effect on (Intergovernmental Review) the transportation of hazardous any existing safety standard. It will Catalog of Federal Domestic materials in a quantity requiring merely continue the status quo by Assistance Program Number 20.217, placarding under regulations issued by grandfathering some 2,300 drivers who Motor Carrier Safety. The regulations the Secretary under 49 U.S.C. chapter have been operating safely for implementing Executive Order 12372 51.; and (e) Has a medical or physical substantial periods of time. Therefore, a regarding intergovernmental condition which: full regulatory evaluation is not consultation on Federal programs and required. (1) Would have prevented such activities apply to this program. person from operating a commercial The FHWA finds that this final rule Paperwork Reduction Act motor vehicle under the Federal Motor is exempt from the 30-day delayed Carrier Safety Regulations contained in effective date requirement of U.S.C. This program does not contain a collection of information requirement this subchapter; 553(d) because it ‘‘grants or recognizes (2) Existed on July 1, 1988, or at the for purposes of the Paperwork an exemption or relieves a restriction.’’ time of the first required physical Reduction Act of 1995, Pub. L. 104–13. Without this action, CMV drivers in the examination after that date; and agency’s diabetes and vision waiver Regulation Identification Number (3) The examining physician has studies would no longer be qualified to determined this condition has not A regulation identification number operate in interstate commerce after substantially worsened since July 1, (RIN) is assigned to each regulatory March 31, 1996, the date on which these 1988, or at the time of the first required action listed in the Unified Agenda of programs would otherwise end. This physical examination after that date. Federal Regulations. The Regulatory final rule enables these drivers to 3. Section 391.64 is added to read as Information Service Center publishes continue operations, subject to certain follows: the Unified Agenda in April and operating and monitoring conditions, October of each year. The RIN contained § 391.64 Grandfathering for certain drivers granting an exemption to the vision and in the heading of this document can be participating in vision and diabetes waiver diabetes standards of 49 C.F.R. 391.41 used to cross reference this action with study programs. that would otherwise soon apply to the Unified Agenda. (a) The provisions of § 391.41(b)(3) do these drivers. not apply to a driver who was a List of Subjects in 49 CFR Part 391 Regulatory Flexibility Act participant in good standing on March Driver qualifications, Highway safety, 31, 1996, in a waiver study program In compliance with the Regulatory Motor carriers, Reporting and concerning the operation of commercial Flexibility Act, 5 U.S.C. 601–612, the recordkeeping requirements, Safety, motor vehicles by insulin-controlled FHWA has evaluated the effects of this Transportation. diabetic drivers; provided: final rule on small entities. The FHWA Issued on: March 20, 1996. (1) The driver is physically examined believes that this action will not have a Rodney E. Slater, every year, including an examination by significant economic impact on a a board-certified/eligible Federal Highway Administration. substantial number of small entities endocrinologist attesting to the fact that In consideration of the foregoing, the because this action is directed solely at the driver is: FHWA amends title 49, CFR, subtitle B, a limited number and narrowly defined (i) Otherwise qualified under chapter III, part 391 as set forth below: population of CMV drivers operating in § 391.41; (ii) Free of insulin reactions (an interstate commerce. This action will PART 391ÐQUALIFICATIONS OF individual is free of insulin reactions if not cause a major increase in costs or DRIVERS prices and, therefore, will not have a that individual does not have severe significant effect on the Nation’s 1. The authority citation for part 391 hypoglycemia or hypoglycemia economy. continues to read as follows: unawareness, and has less than one documented, symptomatic Executive Order 12612 (Federalism Authority: 49 U.S.C. 504, 31133, 31136, and 31502; and 49 CFR 1.48. hypoglycemic reaction per month); Assessment) (iii) Able to and has demonstrated § 391.2 [Redesignated as § 391.62] willingness to properly monitor and This rulemaking will amend 49 CFR 2. Part 391 is amended by manage his/her diabetes; and part 391 pertaining to the qualification redesignating § 391.2 as § 391.62 and (iv) Not likely to suffer any of CMV drivers. This action will allow revising it to read as follows: diminution in driving ability due to his/ CMV drivers who currently hold her diabetic condition. waivers from the Federal vision and § 391.62 Limited exemptions for intra-city (2) The driver agrees to and complies diabetes requirements to continue zone drivers. with the following conditions: operating in interstate commerce after The provisions of §§ 391.11(b)(1) and (i) A source of rapidly absorbable March 31, 1996. This rulemaking has 391.41(b)(1) through (b)(11) do not glucose shalll be carried at all times been analyzed in accordance with the apply to a person who: while driving; principles and criteria contained in (a) Was otherwise qualified to operate (ii) Blood glucose levels shall be self- Executive Order 12612. Nothing in this and operated a commercial motor monitored one hour prior to driving and rulemaking will directly preempt any vehicle in a municipality or exempt at least once every four hours while State law or regulation. This rulemaking intracity zone thereof throughout the driving or on duty prior to driving using will not limit the policymaking one-year period ending November 18, a portable glucose monitoring device discretion of the States. Therefore, the 1988; equipped with a computerized memory; FHWA has determined that this (b) Meets all the other requirements of (iii) Submit blood glucose logs to the rulemaking does not have sufficient this section; endocrinologist or medical examiner at federalism implications to warrant the (c) Operates wholly within the the annual examination or when preparation of a separate Federalism exempt intracity zone (as defined in 49 otherwise directed by an authorized Assessment. CFR 390.5); agent of the FHWA; Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules and Regulations 13347

(iv) Provide a copy of the authorized federal, state or local be used until current printed supplies endocrinologist’s report to the medical enforcement official. are depleted or until March 31, 1997. examiner at the time of the annual 3. Section 391.43 is amended by * * * * * medical examination; and redesignating paragraphs (e), (f) and (g) (h) The medical examiner’s certificate (v) Provide a copy of the annual as paragraphs (f), (g) and (h), shall be in accordance with the medical certification to the employer for respectively; by adding a new paragraph following form. Existing forms may be retention in the driver’s qualification (e); by revising the text preceding the used until current printed supplies are file and retain a copy of the certification Instructions in newly designated depleted or until March 31, 1997, on his/her person while driving for paragraph (f) and the text preceding the provided that the medical examiner presentation to a duly authorized Certificate in newly designated writes down in pen and ink any Federal, State or local enforcement paragraph (h); and by amending the applicable information contained in the official. medical examiner’s certificate form at following form: MEDICAL EXAMINER’S (b) The provisions of § 391.41(b)(10) the end of newly designated paragraph CERTIFICATE do not apply to a driver who was a (h) by adding a new listing after the participant in good standing on March words ‘‘lll Qualified only when * * * * * lQualified by operation of 49 CFR 391.64 31, 1996, in a waiver study program wearing a hearing aid’’ to read as concerning the operation of commercial follows: * * * * * motor vehicles by drivers with visual 4. In § 391.45, paragraph (b)(2) is impairment in one eye; provided: § 391.43 Medical examination; certificate revised to read as follows: (1) The driver is physically examined of physical examination. every year, including an examination by * * * * * § 391.45 Persons who must be medically examined and certified. an ophthalmologist or optometrist (e) Any driver operating under a attesting to the fact that the driver: limited exemption authorized by * * * * * (i) Is otherwise qualified under § 391.64 shall furnish the medical (b) * * * § 391.41; and examiner with a copy of the annual (2) Any driver authorized to operate a (ii) Continues to measure at least 20/ medical findings of the endocrinologist, commercial motor vehicle only with an 40 (Snellen) in the better eye. ophthalmologist or optometrist, as exempt intracity zone pursuant to (2) The driver provides a copy of the required under that section. If the § 391.62, or only by operation of the ophthalmologist or optometrist report to medical examiner finds the driver exemption in § 391.64, if such driver the medical examiner at the time of the qualified under the limited exemption has not been medically examined and annual medical examination. in § 391.64, such fact shall be noted on certified as qualified to drive in such (3) The driver provides a copy of the the Medical Examiner’s Certificate. zone during the preceding 12 months; annual medical certification to the (f) The medical examination shall be and employer for retention in the driver’s performed, and its results shall be * * * * * qualification file and retains a copy of recorded, substantially in accordance the certification on his/her person while with the following instructions and [FR Doc. 96–7226 Filed 3–21–96; 12:03 am] driving for presentation to a duly examination form. Existing forms may BILLING CODE 4910±22±P federal register March 26,1996 Tuesday Budget RescissionsandDeferrals;Notice Budget Management and Office of Part XII 13349 13350 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

OFFICE OF MANAGEMENT AND of 1974, I herewith report five proposed March 13, 1996. BUDGET rescissions of budgetary resources, BILLING CODE 3110±01±P totaling $50 million. These rescission Budget Rescissions and Deferrals proposals affect the Department of To the Congress of the United States Defense. William J. Clinton In accordance with the Congressional Budget and Impoundment Control Act The White House, Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13351

R96–21

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military construction, Army Of the funds made available under this heading in Public Law 104–32, $10,000,000 are rescinded. 13352 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

R96–22

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military construction, Navy Of the funds made available under this heading in Public Law 104–32, $8,000,000 are rescinded. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13353

R96–23

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

Military construction, Air Force Of the funds made available under this heading in Public Law 104–32, $15,000,000 are rescinded. 13354 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

R96–24 DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION Military construction, Defense-wide Of the funds made available under this heading in Public Law 104–32, $13,000,000 are rescinded. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13355

R96–25 DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION Military construction, Air National Guard Of the funds made available under this heading in Public Law 104–32, $4,000,000 are rescinded.

[FR Doc. 96–7215 Filed 3–25–96; 8:45 am] BILLING CODE 3110±01±C federal register March 26,1996 Tuesday Year (FY)1995Funds;Notice Applications forNewAwardsWithFiscal Initiative Grants;NoticeInviting Even StartStatewideFamilyLiteracy Education Department of Part XIII 13357 13358 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

DEPARTMENT OF EDUCATION (Nonprocurement) and recognized in section 1202(c) of the Governmentwide Requirements for ESEA, including consideration of— [CFDA NO.: 84.314A] Drug-Free Workplace (Grants)). (i) The needs addressed by the Even Start Statewide Family Literacy Description of Program: States project; (ii) How the applicant identified those Initiative Grants; Notice Inviting receiving funds under this grant needs; Applications for New Awards With authority will use these funds to plan (iii) How those needs will be met by Fiscal Year (FY) 1995 Funds and implement statewide family literacy initiatives under the Even Start Family the project; and AGENCY: Department of Education. Literacy Program to coordinate and (iv) The benefits to be gained by Note to Applicants: This notice is a integrate existing Federal, State, and meeting those needs. (3) Plan of Operation. (35 points) The complete application package. Together local literacy resources including Secretary reviews each application to with the statute authorizing the program resources available under Even Start, determine the quality of the plan of and the Education Department General the Adult Education Act, Head Start, operation for the project, including— Administrative Regulations (EDGAR), and the Family Support Act of 1988. (i) The quality of the design of the the notice contains all of the Initiative activities must be conducted project; information, application forms, and through a consortium of State, local, and (ii) The extent to which the plan of instructions needed to apply for a grant other institutions, organizations, or management is effective and ensures under this competition. agencies. The State must make available proper and efficient administration of Purpose of Program: To enable States non-Federal contributions in an amount the project; to plan and implement statewide family not less than the Federal funds provided (iii) How well the objectives of the literacy initiatives under the Even Start under the grant for the costs to be project relate to the purposes of the Family Literacy Program. Initiative incurred by the consortium in carrying program; activities must be conducted through a out the activities for which the grant is (iv) The quality of the applicant’s plan consortium of State, local, and other awarded. to use its resources and personnel to institutions, organizations, or agencies. Waiver of Reporting Requirement: achieve each objective; and Eligible Applicants: State office or Under the EDGAR, an applicant (v) How the applicant will ensure that agency. generally must submit an annual project participants who are otherwise Deadline for Transmittal of performance report to the Department. eligible to participate are selected Applications: May 10, 1996 (See 34 CFR 75.720 and 80.40). without regard to race, color, national Deadline for Intergovernmental However, in the interest of reducing origin, gender, age, or handicapping Review: July 9, 1996 burden at the State level, the Secretary condition. Available Funds: $1,000,000. has determined that a performance (4) Quality of key personnel. (7 Note: Under this program, States receiving report is unnecessary until the end of points) grants must make available non-Federal the project period (up to 18 months), (i) The Secretary reviews each contributions in an amount equal to not less and therefore waives the requirement application to determine the quality of than the Federal funds provided under the for a performance report at the end of key personnel the applicant plans to use grant, as required by section 1202(c)(2) of the the first year (unless the end of the first on the project, including— Elementary and Secondary Education Act year coincides with the end of the (A) The qualifications of the project (ESEA). project period). This waiver is in director (if one is to be used); Estimated Range of Awards: $75,000– accordance with the Secretary’s (B) The qualifications of each of the $250,000. authority under these regulations. other key personnel to be used in the Estimated Average Size of Awards: Selection Criteria: (a)(1) The Secretary project; $200,000. uses the following selection criteria to (C) The time that each person referred Estimated Number of Awards: 5. evaluate applications for grants under to in paragraphs (b)(4)(i) (A) and (B) will Note: This Department is not bound by any this competition. commit to the project; and estimates in this notice. (2) The maximum composite score for (D) How the applicant, as part of the all of these criteria is 100 points. nondiscriminatory employment Project Period: Up to 18 months. practices, will ensure that its personnel Applicable Regulations: The (3) The maximum score for each criterion is indicated in parentheses. are selected for employment without Education Department General regard to race, color, national origin, (b) The Criteria.—(1) Meeting the Administrative Regulations (EDGAR) as gender, age, or handicapping condition. purposes of the authorizing statute. (20 follows: (ii) To determine personnel points). The Secretary reviews each (1) 34 CFR Part 75 (Direct Grant qualifications under paragraphs (b)(4)(i) application to determine how well the Programs). (A) and (B), the Secretary considers— (2) 34 CFR Part 77 (Definitions that project will meet the purpose of section (A) Experience and training in fields Apply to Department Regulations). 1202(c) of the ESEA (Even Start related to the objectives of the project; (3) 34 CFR Part 79 (Intergovernmental Statewide Family Literacy Initiatives and Review of Department of Education grants), which is to enable States to plan (B) Any other qualifications that Programs and Activities). and implement statewide family literacy pertain to the quality of the project. (4) 34 CFR Part 80 (Uniform initiatives, through a consortium of (5) Budget and cost effectiveness. (5 Administrative Requirements for Grants entities, to coordinate and integrate points) The Secretary reviews each and Cooperative Agreements to State existing Federal, State, and local literacy application to determine the extent to and Local Governments). resources consistent with the purpose of which— (5) 34 CFR Part 81 (General Education the Even Start Family Literacy Program (i) The budget is adequate to support Provisions Act—Enforcement). (Part B of Title I of the ESEA). the project; and (6) 34 CFR Part 82 (New Restrictions (2) Extent of need for the project. (20 (ii) Costs are reasonable in relation to on Lobbying). points) The Secretary reviews each the objectives of the project. (7) 34 CFR Part 85 (Governmentwide application to determine the extent to (6) Evaluation plan. (10 points) The Debarment and Suspension which the project meets specific needs Secretary reviews each application to Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13359 determine the quality of the evaluation ADDRESS AS THE ONE TO WHICH certifications. These parts and plan for the project, including the extent THE APPLICANT SUBMITS ITS additional materials are organized in the to which the applicant’s methods of COMPLETED APPLICATION. DO NOT same manner that the submitted evaluation— SEND APPLICATIONS TO THE ABOVE application should be organized and (i) Are appropriate to the project; and ADDRESS. INSTRUCTIONS FOR submitted. The parts and additional (ii) To the extent possible, are TRANSMITTAL OF APPLICATIONS: materials are as follows: objective and produce data that are (a) If an applicant wants to apply for Part I: Application for Federal quantifiable. a grant, the applicant shall— Assistance (Standard Form 424 (Rev. 4– (Cross-reference: See 34 CFR 75.590 (1) Mail the original and two copies 88)) and instructions. Evaluation by the grantee.) of the application on or before the Part II: Budget Information—Non- (7) Adequacy of resources. (3 points) deadline date to: U.S. Department of Construction Programs (ED Form No. The Secretary reviews each application Education, Application Control Center, 524) and instructions. to determine the adequacy of the Attention: Patricia McKee (CFDA Part III: Application Narrative. resources that the applicant plans to #84.314A), Compensatory Education Additional Materials: Estimated devote to the project, including Programs, Room 3633, Regional Office Public Reporting Burden. facilities, equipment, and supplies. Building #3, 7th and D Streets, SW, Assurances—Non-Construction Intergovernmental Review of Federal Washington, DC 20202–4725 or Programs (Standard Form 424B). Programs: This program is subject to the (2) Hand deliver the original and two Certifications Regarding Lobbying; requirements of Executive Order 12372 copies of the application by 4:30 p.m. Debarment, Suspension, and Other (Intergovernmental Review of Federal (Washington, DC time) on or before the Responsibility Matters; and Drug-Free Programs) and the regulations in 34 CFR deadline date to: U.S. Department of Workplace Requirements (ED 80–0013). Part 79. Education, Application Control Center, Certification regarding Debarment, The objective of the Executive Order Attention: Patricia McKee (CFDA Suspension, Ineligibility and Voluntary is to foster an intergovernmental #84.314A), Compensatory Education Exclusion—Lower Tier Covered partnership and to strengthen Programs, Room 3633, Regional Office Transactions (ED 80–0014, 9/90) and federalism by relying on State and local Building #3, 7th and D Streets, SW, instructions. (Note: ED 80–0014 is processes for State and local Washington, DC 20202–4725. intended for the use of grantees and government coordination and review of (b) An applicant must show one of the should not be transmitted to the proposed Federal financial assistance. following as proof of mailing: Department.) Applicants must contact the (1) A legibly dated U.S. Postal Service Disclosure of Lobbying Activities appropriate State Single Point of postmark. (Standard Form LLL) (if applicable) and Contact to find out about, and to comply (2) A legible mail receipt with the instructions; and Disclosure of Lobbying with, the State’s process under date of mailing stamped by the U.S. Activities Continuation Sheet (Standard Executive Order 12372. Applicants Postal Service. Form LLL-A). (See amendments by 61 proposing to perform activities in more (3) A dated shipping label, invoice, or Federal Register 1412 (1/19/96).) than one State should immediately receipt from a commercial carrier. Notice to all Applicants (Section 427 contact the Single Point of Contact for (4) Any other proof of mailing of the General Education Provisions each of those States and follow the acceptable to the Secretary. Act). procedure established in each State (c) If any application is mailed An applicant may submit information under the Executive Order. If you want through the U.S. Postal Service, the on photostatic copies of the application, to know the name and address of any Secretary does not accept either of the budget forms, assurances, and State Single Point of Contact, see the list following as proof of mailing: certifications. However, the application published in the Federal Register on (1) A private metered postmark. form, assurances, and certifications March 31, 1995 (60 FR 16714). (2) A mail receipt that is not dated by must each have an original signature. In States that have not established a the U.S. Postal Service. No grant may be awarded unless a completed application form, including process or chosen a program for review, Notes: (1) The U.S. Postal Service does not State, areawide, regional, and local uniformly provide a dated postmark. Before the signed assurances and certifications, entities may submit comments directly relying on this method, an applicant should have been received. to the Department. check with its local post office. For Further Information Contact: Any State Process Recommendation (2) The Application Control Center will Patricia McKee, Compensatory and other comments submitted by a mail a Grant Application Receipt Education Programs, Office of State Single Point of Contact and any Acknowledgement to each applicant. If an Elementary and Secondary Education, comments from State, areawide, applicant fails to receive the notification of U.S. Department of Education, 600 regional, and local entities must be application receipt within 15 days from the Independence Avenue, SW., (4400, date of mailing the application, the applicant Portals), Washington, DC 20202–6132. mailed or hand-delivered by the date should call the U.S. Department of Education indicated in this notice to the following Application Control Center at (202) 708– Telephone (202) 260–0991. Individuals address: The Secretary, E.O. 12372— 9494. who use a telecommunications device CFDA #84.314A, U.S. Department of (3) The applicant must indicate on the for the deaf (TDD) may call the Federal Education, Room 6300, 600 envelope and—if not provided by the Information Relay Service (FIRS) at 1– Independence Avenue, SW, Department—in Item 10 of the Application 800–877–8339 between 8 a.m. and 8 Washington, DC 20202. for Federal Assistance (Standard Form 424) p.m., Eastern time, Monday through Proof of mailing will be determined the CFDA number—and suffix letter, if any— Friday. on the same basis as applications (see 34 of the competition under which the Information about the Department’s CFR 75.102). Recommendations or application is being submitted. funding opportunities including copies comments may be hand-delivered until Application Instructions and Forms: of application notices for discretionary 4:30 p.m. (Washington, DC time) on the The appendix to this application is grant competitions, can be viewed on date indicated in this notice. divided into three parts plus a statement the Department’s electronic bulletin PLEASE NOTE THAT THE ABOVE regarding estimated public reporting board (ED Board), telephone (202) 260– ADDRESS IS NOT THE SAME burden and various assurances and 9950; or on the Internet Gopher Server 13360 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices at GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases). However, the official application notice for a discretionary grant competition is the notice published in the Federal Register. Program Authority: 20 U.S.C. section 6362(c). Dated: March 18, 1996. Gerald N. Tirozzi, Assistant Secretary, Elementary and Secondary Education.

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BILLING CODE 4000±01±C Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13365

Instructions for ED Form No. 524 contributed for all years of the funds awarded under the grant, for the multi-year project. If non-Federal costs to be incurred by the consortium General Instructions contributions are provided for only in carrying out the grant activities. This form is used to apply to one year, leave this space blank. 5. Provide the following in response individual U.S. Department of Section C—Other Budget Information to the attached ‘‘Notice to all Education discretionary grant programs. Applicants’’: (1) a reference to the Unless directed otherwise, provide the Pay attention to applicable program portion of the application in which same budget information for each year specific instructions, if attached. information appears as to how the of the multi-year funding request. Pay 1. Provide an itemized budget applicant is addressing steps to promote attention to applicable program specific breakdown, by project year, for each equitable access and participation, or (2) instructions, if attached. budget category listed in Sections A and a separate statement that contains that Section A—Budget Summary B. information. 2. If applicable to this program, enter U.S. Department of Education Funds 6. For any applicant other than the the type of indirect rate (provisional, State educational agency, include a All applicants must complete Section predetermined, final or fixed) that will copy of the signed set of assurances A and provide a breakdown by the be in effect during the funding period. specified in section 14306(a) of the applicable budget categories shown in In addition, enter the estimated amount ESEA (20 USC 8856(a)) that the lines 1–11. of the base to which the rate is applied, applicant has filed with its SEA and that Lines 1–11, columns (a)–(e): and the total indirect expense. is applicable to this application. For each project year for which 3. If applicable to this program, The Secretary strongly requests the funding is requested, show the total provide the rate and base on which applicant to limit the Application amount requested for each fringe benefits are calculated. Narrative to no more than 20 double- applicable budget category. 4. Provide other explanations or spaced, typed pages (on one side only), Lines 1–11, column (f): comments you deem necessary. although the Secretary will consider Show the multi-year total for each applications of greater length. The budget category. If funding is Instructions for Part III Application Department has found that successful requested for only one project year, Narrative applications for similar programs leave this column blank. Before preparing the Application generally meet this page limit. Line 12, columns (a)–(e): Narrative an applicant should read Show the total budget request for each carefully the description of the program Instructions for Estimated Public project year for which funding is and the selection criteria the Secretary Reporting Burden requested. uses to evaluate applications. Line 12, column (f): The narrative should encompass each According to the Paperwork Show the total amount requested for function or activity for which funds are Reduction Act of 1995, no persons are all project years. If funding is being requested and should— required to respond to a collection of requested for only one year, leave 1. Begin with an Abstract; that is, a information unless it displays a valid this space blank. summary of the proposed project; OMB control Number. The valid OMB control number for this information Section B—Budget Summary 2. Describe the proposed project in light of the selection criteria in the order collection is 1810–0590. The time Non-Federal Funds in which the criteria are listed in this required to complete this information collection is estimated to average 71⁄2 If you are required to provide or application package; and hours (or minutes) per response, volunteer to provide matching funds or 3. Include any other pertinent including the time to review other non-Federal resources to the information that might assist the instructions, search existing data project, these should be shown for each Secretary in reviewing the application resources, gather the data needed, and applicable budget category on lines 1– package, including— complete and review the information 11 of Section B. (a) A description of the activities and services for which assistance is sought; collection. If you have any comments Lines 1–11, columns (a)–(e): concerning the accuracy of the time For each project year for which (b) A comprehensive statement of how the applicant will plan and estimate(s) or suggestions for improving matching funds or other this form, please write to: U.S. contributions are provided, show implement a statewide family literacy initiative in accordance with section Department of Education, Washington, the total contribution for each D.C. 20202–4651. If you have comments applicable budget category. 1202(c) of the ESEA; and (c) An assurance that the plan will be or concerns regarding the status of your Lines 1–11, column (f): individual submission of this form, Show the multi-year total for each developed in consultation with the write directly to: Patricia McKee, budget category. If non-Federal State, local, and other institutions, Compensatory Education Programs, contributions are provided for only organizations, and agencies that will Office of Elementary and Secondary one year, leave this column blank. form the consortium and carry out the Education, U.S. Department of Line 12, columns (a)–(e): plan. Show the total matching or other 4. Include, in the application budget, Education, 600 Independence Avenue, contribution for each project year. a description of the non-Federal SW, Room 4400, Portals Building, Line 12, columns (f): contributions that the State will make, Washington D.C. 20202–6132. Show the total amount to be in an amount not less than the Federal BILLING CODE 4000±01±P 13366 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13367 13368 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13369 13370 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13371 13372 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13373

[FR Doc. 96–7210 Filed 3–25–96; 8:45 am] BILLING CODE 4000±01±P federal register March 26,1996 Tuesday Personnel Training;Notice Education ofIndividualsWithDisabilities: Education Department of Part XIV 13375 13376 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

DEPARTMENT OF EDUCATION program. The publication of this contracts by HBCUs, OMIs and OEIs proposed priority does not preclude the will be increased. Training Personnel for the Education Secretary from proposing additional The association between of Individuals With DisabilitiesÐGrants priorities, nor does it limit the Secretary socioeconomic status and enrollment in for Personnel Training to funding only this priority, subject to special education has been well meeting applicable rulemaking documented. Available data from the AGENCY: Department of Education. requirements. National Longitudinal Transition Study ACTION: Notice of proposed priority. Note: This notice of proposed priority does (NLTS) show that 68% of students in special education live in a household SUMMARY: not solicit applications. A notice inviting The Secretary proposes a where the income is less than $25,000 priority for the Training Personnel for applications under this competition will be published in the Federal Register concurrent per year versus 39% of the general the Education of Individuals with with or following publication of the notice of population of youth. Disabilities—Grants for Personnel final priority. The problem of this association is Training program administered by the Priority heightened in urban school districts Office of Special Education and and, to a lesser extent, rural districts. Rehabilitative Services (OSERS) under Under 34 CFR 75.105(c)(3), the NLTS data reveal that only 34% of the Individuals with Disabilities Secretary proposes to give an absolute students in special education live in Education Act. The Secretary may use preference to applications that meet the suburban school districts compared to this priority in Fiscal Year 1996 and following priority. The Secretary 48% of all youth. Data from the Office subsequent years. The Secretary takes proposes to fund under this competition for Civil Rights indicate that 30% of all this action to focus Federal assistance only applications that meet this absolute inner-city students live in poverty on identified needs to improve priority. compared to 18% of students in non- outcomes for children with disabilities. Proposed Absolute Priority—Outreach inner city areas. Moreover, findings This proposed priority is intended to Services to Minority Entities to Expand from the National Longitudinal ensure wide and effective use of Research Capacity Transition Study indicate that 47% of program funds. urban youth with disabilities live in DATES: Comments must be received on Background households with an annual income of or before April 25, 1996. The Congress has found that the less than $12,000 (in 1986 dollars) ADDRESSES: All comments concerning Federal Government must be responsive compared to 34% of rural and 19% of the proposed priority should be to the growing needs of an increasingly suburban youth with disabilities (Valdes addressed to: Linda Glidewell, U.S. diverse society and that a more et al., 1990). Department of Education, 600 equitable distribution of resources is Urban school districts face a variety of Independence Avenue SW., Room 3524, essential for the Federal Government to challenges in meeting the educational Switzer Building, Washington, D.C. meet its responsibility to provide an needs of their students. Their schools 20202–2641. equal educational opportunity for all often have high per student costs and individuals. The Congress has limited financial resources. Their FOR FURTHER INFORMATION CONTACT: concluded that the opportunity for full students are disproportionately poor Scott Brown, U.S. Department of participation in awards for grants, and the population of individuals with Education, 600 Independence Avenue cooperative agreements and contracts by limited English proficiency is among the SW., Room 3522, Switzer Building, Historically Black Colleges and fastest growing populations with special Washington, D.C. 20202–2641. Universities (HBCUs), other institutions needs in some of these districts. This SUPPLEMENTARY INFORMATION: The of higher education whose minority disproportionate representation of poor Individuals with Disabilities Education enrollment is at least 25% (OMIs) and children in special education is also Act (IDEA) directs the Secretary to other eligible institutions as defined likely to be uniquely influenced by develop and implement a plan for under section 312 of the Higher culturally diverse and urban settings, providing outreach services to minority Education Act of 1965 (OEIs) is essential posing both opportunities and problems entities and underrepresented if we are to obtain greater success in the in the provision of special education populations to assist them in education of children from diverse services. participating more fully in the backgrounds in special education. discretionary programs under the Act This priority focuses on assisting Priority (section 610(j)(2)(C)). HBCUs, OMIs and OEIs to prepare The Assistant Secretary establishes an This proposed priority supports the scholars for careers in research on absolute priority for a project to design National Education Goals by improving special education and related services. and conduct a program of research by understanding of how to enable This preparation shall consist of individuals who show promise of children and youth with disabilities to engaging both faculty and students at contributing to the program reach higher levels of academic HBCUs, OMIs and OEIs in special improvement activities authorized achievement. education research activities. The under the Individuals with Disabilities The Secretary will announce the final activities focus on an area of critical Education Act (IDEA). Each research priority in a notice in the Federal emerging need which has material activity of the program must implement Register. The final priority will be application in today’s changing the Congress’ direction in section determined by responses to this notice, environment and will likely be the 610(j)(2) to support outreach activities available funds, and other subject of future research efforts—the to HBCUs, OMIs and OEIs to increase considerations of the Department. special education of children in urban their participation in competition for Funding of particular projects depends and high poverty schools with research, demonstration and outreach on the availability of funds, the content predominantly minority enrollments. By grants, cooperative agreements and of the final priority, and the quality of building a cadre of experienced contracts funded under the IDEA. the applications received. Further, the researchers on this important topic, the Activities shall include: priority could be affected by enactment chances for full participation in awards (1) Conducting research activities at of legislation reauthorizing this for grants, cooperative agreements and HBCUs, OMIs and OEIs as explained Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13377 below that link scholars at HBCUs, especially for poor parents, minority with the ongoing Policy Research OMIs and OEIs with researchers at parents, and parents with limited Institute funded by OSEP. institutions with an established research English proficiency; capacity in a mentoring relationship to (5) Effective disciplinary approaches, Intergovernmental Review develop both individual and including behavioral management This program is subject to the strategies, for ensuring a safe and institutional research capacity at those requirements of Executive Order 12372 HBCUs, OMIs and OEIs with a disciplined learning environment; and the regulations in 34 CFR Part 79. demonstrated need for capacity (6) The effect of school-wide projects The objective of the Executive order is development; and conducted under Title 1 of the (2) Providing linkages between Elementary and Secondary Education to foster an intergovernmental HBCUs, OMIs and OEIs with a Act on the delivery of special education; partnership and a strengthened demonstrated need for capacity or federalism by relying on processes development and institutions with an (7) Effective practices for promoting developed by State and local established research capacity to provide the coordination of special education governments for coordination and opportunities for researchers at those services with health and social services review of proposed Federal financial HBCUs, OMIs and OEIs to develop first for children with disabilities and their assistance. hand experience in the grants and families. In accordance with the order, this contracts application process. The program shall ensure that document is intended to provide early findings are communicated in All research activities must be notification of the Department’s specific appropriate formats for researchers. The conducted for the purpose of capacity plans and actions for this program. building. The research program must program shall also ensure that if include one or more projects that are findings are of importance to other Invitation to Comment focused on issues related to improving audiences, such as teachers, the delivery of special education administrators and parents, they are Interested persons are invited to services and educational results for made available to Department of submit comments and recommendations children with disabilities in urban and Education’s technical assistance, regarding this proposed priority. high poverty schools with training and dissemination projects for All comments submitted in response predominantly minority enrollments. distribution to those audiences. to this notice will be available for public The program must examine the Projects must demonstrate experience inspection, during and after the and familiarity in research on children association between minority status and comment period, in Room 3521, 300 C with disabilities in urban and high identification for, evaluation for and Street SW., Washington, DC, between placement in special education. Other poverty schools with predominantly minority enrollments. The project must the hours of 8:30 a.m. and 4:00 p.m., possible research topics may include: Monday through Friday of each week (1) Effective intervention strategies also demonstrate experience in capacity except Federal holidays. that make a difference in the provision development in special education of a Free Appropriate Public Education research, as well as a thorough Program Authority: 20 U.S.C. 1431. (FAPE); understanding of the strengths and (Catalog of Federal Domestic Assistance (2) Practices to promote the successful needs of HBCUs, OMIs and OEIs. Number 84.029, Training Personnel for the inclusion of children with disabilities in The project must budget for two trips Education of Individuals with Disabilities a least restrictive environment (LRE); annually to Washington, DC for: (1) A Program) two-day Research Project Directors’ (3) Strategies for establishing high Dated: March 20, 1996. expectations for children with meeting; and (2) an additional meeting disabilities and increasing their to meet and collaborate with the project Howard R. Moses, participation in the general curriculum officer of the Office of Special Education Acting Assistant Secretary for Special provided to all children; Programs (OSEP) and with other Education and Rehabilitative Services. (4) Increasing effective parental relevant OSEP funded projects. The [FR Doc. 96–7211 Filed 3–25–96; 8:45 am] participation in the educational process, project must also coordinate activities BILLING CODE 4000±01±P federal register March 26,1996 Tuesday Year (FY)1996;Notice Applications forNewAwardsFiscal Personnel Training;NoticeInviting Individuals WithDisabilities;Grantsfor Training PersonnelfortheEducationof Education Department of Part XV 13379 13380 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices

DEPARTMENT OF EDUCATION (1) Preparation of Personnel for child’s school program. The proposed Careers in Special Education. This training program must have a clear and [CFDA No.: 84.029G] component supports preservice limited focus on the special needs of preparation of personnel for careers in children within the age range from birth Training Personnel for the Education special education. Preservice training through five, and must include of Individuals With Disabilities; Grants includes additional training for consideration of family involvement in for Personnel Training; Notice Inviting currently employed teachers seeking early intervention and preschool Applications for New Awards for Fiscal additional degrees, certifications, or services. Training programs under this Year (FY) 1996 endorsements. Training may occur at priority must have a significant PURPOSE OF PROGRAM: The purpose of one or more of the following levels: interdisciplinary focus. Training Personnel for the Education of baccalaureate, master’s, or specialist. Applications Available: April 23, Individuals with Disabilities Program— Under this component, ‘‘personnel’’ 1996. Grants for Personnel Training is to includes special education teachers, Deadline for Transmittal of increase the quantity and improve the speech-language pathologists, Applications: June, 10, 1996. quality of personnel available to serve audiologists, adapted physical Deadline for Intergovernmental education teachers, vocational infants, toddlers, children and youth Review: August 10, 1996. educators, and instructive and assistive Estimated Number of Awards: 23. with disabilities. technology specialists. Estimated Range of Awards: $100,000 ELIGIBLE APPLICANTS: Eligible applicants (2) Preparation of Related Services to $480,000. are institutions of higher education, and Personnel. This component supports Project Period: Up to 36 months. other appropriate nonprofit agencies. preservice preparation of individuals to Available Funds: In fiscal year 1996, APPLICABLE REGULATIONS: (a) The provide developmental, corrective, and approximately $6,750,000 will be Education Department General other supportive services that assist available to support an estimated 23 Administrative Regulations (EDGAR) in children and youth with disabilities to projects (grant awards) under this 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, benefit from special education. These absolute priority (competition). While 85, and 86; and (b) The regulations for include paraprofessional personnel, the total average award is estimated at this program in 34 CFR Part 318. therapeutic recreation specialists, $290,000, it is anticipated that the In some instances, the description of school social workers, health service average range per component would be the absolute priority identified below providers, physical therapists, $100,000 to $160,000. Multi-year differs from applicable regulatory occupational therapists, school projects will be level funded unless provisions in 34 CFR 318. These psychologists, counselors (including there are increases in costs attributable changes, as well as any supplementary rehabilitation counselors), interpreters, to significant changes in activity level, information provided under the priority orientation and mobility specialists, and funds are available. that is not found in the regulations, respite care providers, art therapists, The Congress has not yet enacted a represent interpretative guidance and volunteers, physicians, and other fiscal year 1996 appropriation for the are provided for purposes of related services personnel. For purposes Department of Education. The clarification. These interpretations do of this component, the Department Department is publishing this notice in not substantively change the considers the term ‘‘interpreters’’ to be order to give potential applicants regulations. limited to interpreters for the deaf. adequate time to prepare applications. (i) Projects to train personnel The estimate of the amount of funds that Note: The regulations in 34 CFR Part 86 identified as special education apply to institutions of higher education will be available for this competition is only. personnel under training component (1) based, in part, on the President’s 1996 are not appropriate for purposes of this budget request and, in part, on the level PRIORITY: Under 34 CFR 75.105(c)(3), component, even if those personnel may of funding available for fiscal year 1995. and 34 CFR 318, the Secretary gives an be considered related services personnel Potential applicants should note, absolute preference to applications that in other settings (e.g., speech language however, that the Congress is meet the following priority. The pathologists). considering proposals to reduce funding Secretary funds under this competition (ii) This component is not designed in 1996 for the Training Personnel for only those applications that meet this for general training. Projects must the Education of Individuals with absolute priority: include inducements and preparation to Disabilities Program administered by Absolute Priority—Grants for increase the probability that graduates the Department. Final action on the Preservice Personnel Training will direct their efforts toward 1996 appropriation may require the (84.029G). supportive services to special education. Department to cancel this competition This priority supports projects For example, a project in occupational or to significantly reduce the number or designed to provide preservice therapy (OT) might support a special size of grant awards that will be made preparation of personnel who serve focus in pediatric or juvenile psychiatric under the competition announced in infants, toddlers, children and youth OT; support those students whose this notice. with disabilities. Projects must address career goal is OT in the school; or either: provide for practica, and internships in Note: The Department of Education is not (1) The development of new programs school settings. bound by any estimates in this notice. to establish expanded capacity for (3) Training Early Intervention and WAIVER OF RULEMAKING: It is the practice quality preservice training; or Preschool Personnel. This component of the Secretary to offer interested (2) The improvement of existing supports projects that are designed to parties the opportunity to comment on programs designed to increase the provide preservice preparation of proposed priorities in accordance with capacity and quality of preservice personnel who serve infants, toddlers, the Administrative Procedure Act (5 training. and preschool children with disabilities, U.S.C. 553). However, this application In addition, projects must address one and their families. Personnel may be notice restates existing priorities in 34 or more of the following training prepared to provide short-term services CFR 318. In addition, the Secretary has components: or long-term services that extend into a determined, pursuant to 5 U.S.C. Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices 13381

553(b)(A), that rulemaking requirements number: (202) 205–8953. Internet: 9950; or on the Internet Gopher Server do not apply to the changes to [email protected] at GOPHER.ED.GOV (under applicable regulatory provisions Announcements, Bulletins, and Press FOR TECHNICAL INFORMATION CONTACT: Releases); or on the World Wide Web at contained in this notice. These changes Martha B. Bokee, U.S. Department of http://www.ed.gov/money.html reflect the Secretary’s interpretation of Education, 600 Independence Avenue, However, the official application notice existing regulations and are provided S.W., Room 3078, Switzer Building, for a discretionary grant competition is solely for purposes of clarification. Washington, D.C. 20202–2641. the notice published in the Federal FOR APPLICATIONS AND GENERAL Telephone: (202) 205–5509. FAX: (202) l Register. INFORMATION CONTACT: Marlene Spencer, 205–9070. Internet: Martha U.S. Department of Education, 600 [email protected] Program Authority: 20 U.S.C. 1431. Independence Avenue, S.W., Switzer Information about the Department’s Dated: March 20, 1996. Building, Room 3072, Washington, D.C. funding opportunities, including copies Howard R. Moses, 20202–2651. Telephone: (202) 205– of application notices for discretionary Acting Assistant Secretary for Special 9058. FAX: (202) 205–9070. Individuals grant competitions, can be viewed on Education and Rehabilitative Services. who use a telecommunications device the Department’s electronic bulletin [FR Doc. 96–7212 Filed 3–25–96; 8:45 am] for the deaf (TDD) may call the TDD board (ED Board), telephone (202) 260– BILLING CODE 4000±01±P i

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 51...... 9589, 11125 Laws 3 CFR 52...... 9589 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: 53...... 9589 For additional information 523±5227 6867...... 8843 54...... 9589, 11504 6868...... 8847 Presidential Documents 56...... 9589 6869...... 8849 58...... 9589 Executive orders and proclamations 523±5227 6870...... 9899 70...... 9589 The United States Government Manual 523±5227 6871...... 10445 160...... 9589 Executive Orders: Other Services 301...... 8205 11776 (Superseded by 319...... 8205 Electronic and on-line services (voice) 523±4534 EO 12994)...... 13047 457...... 8851 Privacy Act Compilation 523±3187 12131 (Amended by 704...... 10671 TDD for the hearing impaired 523±5229 EO 12991)...... 9587 925...... 11127 12805 (See EO 944...... 13051 12993) ...... 13043 ELECTRONIC BULLETIN BOARD 980...... 13051 12957 (Continued by 982...... 11289 Free Electronic Bulletin Board service for Public Law numbers, Notice of March 8, 985...... 11291 Federal Register finding aids, and list of documents on public 1996) ...... 9897 999...... 13051 inspection. 202±275±0920 12959 (See Notice of 1002...... 11293 March 8, 1996)...... 9897 FAX-ON-DEMAND 1280...... 13061 12990...... 8467 1421...... 11514 You may access our Fax-On-Demand service. You only need a fax 12991...... 9587 1487...... 8207 machine and there is no charge for the service except for long 12992...... 11287 1491...... 8207 distance telephone charges the user may incur. The list of 12993...... 13043 1492...... 8207 documents on public inspection and the daily Federal Register’s 19994...... 13047 1495...... 8207 table of contents are available using this service. The document Administrative Orders: 1927...... 11709 numbers are 7050-Public Inspection list and 7051-Table of Memorandums: 2902...... 9901 Contents list. The public inspection list will be updated February 29, 1996 ...... 9889 Proposed Rules: immediately for documents filed on an emergency basis. Notices: 29...... 10902, 10903 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON March 8, 1996 ...... 9897 52...... 9654 FILE AND NOT THE ACTUAL DOCUMENT. Documents on Presidential Determinations: 246...... 10903 public inspection may be viewed and copied in our office located No. 96±10 of February 457...... 10699 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 23, 1996 ...... 8463 916...... 8225 telephone number is: 301±713±6905 No. 96±11 of February 917...... 8225 23, 1996 ...... 8465 1005...... 11756 FEDERAL REGISTER PAGES AND DATES, MARCH No. 96±12 of February 1006...... 11756 28, 1996 ...... 9887 1007...... 11756 7979±8204...... 1 No. 96±13 of March 1, 1011...... 11756 8205±8466...... 4 1996 ...... 9891 1012...... 11756 8467±8850...... 5 No. 96±14 of March 1, 1013...... 11756 1046...... 11756 8851±9088...... 6 1996 ...... 9893 1131...... 10288 9089±9320...... 7 No. 96±17 of March 7, 1996 ...... 11123 1205...... 11764 9321±9588...... 8 No. 96±18 of March 8, 1230...... 11776 9589±9898...... 11 1996 ...... 11497 1427...... 10289 9899±10268...... 12 10269±10446...... 13 4 CFR 8 CFR 10447±10670...... 14 28...... 9089 103...... 13061 10671±10878...... 15 204...... 13061 5 CFR 10879±11124...... 18 205...... 13061 11125±11288...... 19 315...... 9321 212...... 11717 11289±11496...... 20 330...... 11499 216...... 13061 242...... 8858 11497±11708...... 21 333...... 11499 335...... 11499 11709±12014...... 22 9 CFR 532...... 10879 12015±13042...... 25 1900...... 13051 82...... 11515 13043±13382...... 26 145...... 11515 7 CFR 147...... 11515 1...... 11501 Proposed Rules: 29...... 9589 1...... 9371, 11778 31...... 9589 2...... 11778 32...... 9589 3...... 9371, 11778 47...... 11501 92...... 9957, 10269 ii Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Reader Aids

301...... 9655 11591, 11593, 11784, 11786, 228...... 9848 864...... 10484 304...... 9655 11789, 11790, 12050, 12051, 229...... 9848 886...... 9373 305...... 9655 13110, 13111, 13113 230...... 9848 897...... 11349 306...... 9655 71 ...... 8899, 9655, 9656, 9657, 232...... 9848 1300...... 8503 307...... 9655 9658, 10296, 10908, 10910, 239...... 9848 1301...... 8503 310...... 8892 11792, 13115 240...... 9848, 10271 1302...... 8503 318...... 8892, 9655 121...... 9969, 11492 249...... 9848 1303...... 8503 319...... 8892 135...... 11492 1304...... 8503, 11594 325...... 9655 243...... 10706 18 CFR 1305...... 8503 381...... 8892, 9655 154...... 9613 15 CFR 1306...... 8503 157...... 8213 1307...... 8503 10 CFR 730...... 12714 201...... 8860 1308...... 8503 19...... 9901 732...... 12714 284...... 8860, 8870 1309...... 8503 30...... 9901 734...... 12714 1310...... 8503 19 CFR 51...... 9901 736...... 12714 1311...... 8503 52...... 9901 738...... 12714 10...... 7987 1312...... 8503 55...... 9901 740...... 12714 113...... 7987 1313...... 8503 100...... 10269 742...... 12714 148...... 9638 1316...... 8503 102...... 10269 744...... 12714 Proposed Rules: 109...... 10269 746...... 12714 101...... 8001 22 CFR 110...... 10269 748...... 12714 2a...... 10447 114...... 10269 750...... 12714 20 CFR 40...... 9325, 11305 490...... 10622 752...... 12714 368...... 8213 514...... 8215 754...... 12714 Proposed Rules: 404...... 11133 430...... 9958 756...... 12714 416...... 10274, 11133 23 CFR 758...... 12714 645...... 12022 760...... 12714 12 CFR 21 CFR 1260...... 11305 762...... 12714 34...... 11294 5 ...... 8214, 8472, 9639, 11544 1313...... 9101 764...... 12714 268...... 13079 73...... 7990 766...... 12714 Proposed Rules: 366...... 9590 101 ...... 8752, 10280, 11730 768...... 12714 1206...... 11794 614...... 11303 123...... 9100 770...... 12714 1210...... 9120 615...... 12015 136...... 8781 772...... 12714 137...... 8781 24 CFR 701...... 11721 774...... 12714 748...... 11526 768A ...... 12714 139...... 8781 5 ...... 9040, 9536, 11112 Proposed Rules: 769A ...... 12714 164...... 9323 10...... 13272 3...... 9114 770A ...... 12714 165...... 13258 20...... 13280 208...... 9114 771A ...... 12714 172...... 8797, 11545 35...... 9064 225...... 9114 772A ...... 12714 175...... 9903 51...... 13332 325...... 9114 773A ...... 12714 180...... 7990 92...... 9036 703...... 8499 774A ...... 12714 310...... 9570 200...... 11112 711...... 12043 775A ...... 12714 332...... 8836 202...... 8458 776A ...... 12714 510...... 8872 243...... 9536 13 CFR 777A ...... 12714 520...... 8872 247...... 11112 Ch. III ...... 7979 778A ...... 12714 522...... 8872 290...... 11684 107...... 7985 779A ...... 12714 524...... 8872 570...... 11474 115...... 7985 785...... 8471 573...... 11546 572...... 11112 120...... 7985, 11471 785A ...... 12714 880...... 8432 750...... 11112 121...... 7986 786A ...... 12714 890...... 8432 760...... 11112 125...... 7986 787A ...... 12714 1240...... 9100 791...... 10848 788A ...... 12714 Proposed Rules: 842...... 9536 14 CFR 789A ...... 12714 2...... 8002 880...... 9040 11...... 11278 790A ...... 12714 54...... 8502 881...... 9040 23...... 10269 791A ...... 12714 70...... 8372 882...... 9040, 11112 25...... 9533, 11728 799A ...... 12714 73...... 8372 883...... 9040 27...... 10436 902...... 11132 74...... 8372 884...... 9040 29...... 10436 Proposed Rules: 80...... 8372 885...... 9040, 11948 39 ...... 8209, 8211, 9090, 9092, 923...... 9746 81...... 8372 886 ...... 9040, 11112, 11684 9097, 9098, 9371, 9599, 926...... 9746 82...... 8372 887...... 11112 9601, 9604, 9606, 9607, 927...... 9746 101 ...8372, 8750, 8900, 10480, 889...... 9040, 11948 10270, 10673, 10881, 11130, 928...... 9746 11349, 11793, 13117 890...... 11948 11527, 11529, 11533, 11534, 932...... 9746 178...... 8372 891...... 11948 11536, 11538, 11539, 11541, 933...... 9746 201...... 8372 904...... 9040 12015, 12018, 13079, 13081, 312...... 8502 913...... 11112 13083 16 CFR 314...... 8502 941...... 8712 61...... 11238 303...... 11543 320...... 8502 942...... 9536 67...... 11238 1500...... 13084 330...... 8450, 8502 950...... 8712, 11112 71 ...8859, 9612, 10271, 10884, 1507...... 13084 601...... 8502 955...... 9052 10885, 10886, 12019 Proposed Rules: 701...... 8372 960...... 9040, 11112 91...... 10269 21...... 10708 801...... 11349 962...... 8814 97 ...... 10887, 10888, 10889 405...... 8499 803...... 11349 965...... 8712 121...... 9612 804...... 11349 966...... 13272 Proposed Rules: 17 CFR 807...... 8502 968...... 8712 25...... 11779 30...... 10891 809...... 10484 982...... 9040, 11112 39 ...... 8892, 8896, 8897, 9119, 211...... 12020 812...... 8502 983...... 9040, 11112 9959, 9960, 10292, 10294, Proposed Rules: 814...... 8502 984...... 8814 10478, 10703, 10907, 11347, 210...... 9848 860...... 8502 1720...... 10440 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Reader Aids iii

3282...... 10440, 10858 535...... 8216 180 ...... 9355, 10280, 10282, 46 CFR 3283...... 10858 601...... 10895 10678, 10681, 11311, 11313 12...... 13098 3500...... 10440, 13232 Proposed Rules: 185...... 9357, 11994 13...... 13098 3800...... 10440 357...... 8420 261...... 13103 15...... 13098 Proposed Rules: 271...... 9108, 10684 30...... 13098 250...... 8901 32 CFR 300...... 7996, 10687 31...... 13098 251...... 8901 Ch. XX ...... 10854 418...... 10468 35...... 13098 256...... 8901 23...... 9344 761...... 11096 78...... 13098 216...... 0346 799...... 11740 25 CFR 90...... 13098 706 ...... 9104, 9105, 9107, 9904 Proposed Rules: 97...... 13098 11...... 10673 2001...... 10854 52 ...... 8008, 8009, 8901, 9125, 98...... 13098 26 CFR Proposed Rules: 9639, 9642, 9644, 10920, 105...... 13098 324...... 8003 10962, 10968, 11167, 11168, 151...... 13098 1 .....7991, 9326, 10447, 11307, 11169, 11170, 11596, 11597, 153...... 13098 11547, 11548, 11550, 12135 33 CFR 11798 154...... 13098 20...... 7991 Subchapter D...... 10466 63 ...... 9383, 9532, 13125 572...... 11564 25...... 7991 4...... 9264 70...... 9125, 9661 Proposed Rules: 31 ...... 9639, 11307, 11548, 81...... 10466 82...... 9014 10...... 13284 12135 100 ....8216, 8217, 8218, 10896 89...... 9131, 12053 12...... 13284 35a...... 11307 117...... 10466, 13098 90...... 9131, 12053 15...... 13284 40...... 10450 130...... 9264 91...... 9131, 12053 108...... 8539 42...... 10450 131...... 9264 122...... 8229 110...... 8539 48...... 10450 132...... 9264 123...... 8229 111...... 8539 602 ...... 9336, 10450, 11550, 137...... 9264 148...... 12054 112...... 8539 12135 138...... 9264 180 .....8174, 8901, 8903, 9399, 113...... 8539 Proposed Rules: 154...... 13098 10297, 11357, 11359 161...... 8539 1 ...... 9377, 9659, 9660, 10489, 155...... 13098 185...... 11359 381...... 9670 11083, 11595 165 ....8219, 8220, 9348, 13100 186...... 11359 501...... 9944 31...... 11595 Proposed Rules: 261...... 12054, 13129 48...... 10490, 10492 47 CFR 100 ...... 8227, 8229, 11352, 264...... 9532 301...... 9660, 10492 11353, 11354, 11796, 13119, 265...... 9532 Ch. I ...... 11163 602...... 10492 13120, 13122 266...... 9532 0...... 8475, 10688 1...... 11748 28 CFR 110...... 11356 268...... 12054 271...... 12054 2...... 8475 52...... 8472 165...... 10493 183...... 13123 300 ...... 8012, 9403, 10298, 5...... 8475, 10896 549...... 13322 11597, 13131 21...... 8475 551...... 11274 34 CFR 403...... 8229 22...... 8475 23...... 8475 29 CFR 75...... 8454 501...... 8229 25 ...... 8475, 9944, 9946,10896 345...... 8158 745...... 9064 1901...... 9228 61...... 8879 1902...... 9228 Proposed Rules: 41 CFR 63...... 10475 1910...... 9228 99...... 10664 64...... 8879 299...... 13324 101±71...... 9110 1915...... 9228 301...... 10252 73 ...... 7999, 8000, 8475, 8880, 1926...... 9228 Proposed Rules: 8881, 9359, 9360, 9648, 1928...... 9228 36 CFR 60±741...... 9532 10284, 10689, 10691, 11320, 1950...... 9228 Ch. IX...... 11308 11584, 11585 1951...... 9228 76 ...... 9361, 9648, 11749 38 CFR 42 CFR 2615...... 13117 78...... 8475 57...... 9532 2619...... 10674 0...... 11308 80...... 8475 58...... 9532 2676...... 10674 1...... 11309 90...... 8475, 8478 Proposed Rules: Proposed Rules: 3...... 11309, 11731 94...... 8475 102...... 11167 21...... 11310 440...... 9405 95...... 8475 103...... 10709 97...... 9953 39 CFR 43 CFR 500...... 10911 Proposed Rules: 1910...... 9381 111...... 10068 Proposed Rules: Ch. I...... 9963, 10496, 11172, 1915...... 9381 Ch. II ...... 8537 11173 1926...... 9381 40 CFR 14...... 8538 1...... 9964 9...... 11096 44 CFR 2...... 8905 30 CFR 22...... 11090 5...... 10709, 10709 75...... 9764 51...... 9905 10...... 10688 20...... 13133 260...... 12022 52 ...... 7992, 7995, 8873, 9350, 61...... 8222 21...... 10709 920...... 12027 9639, 9642, 9644, 9905, 64...... 7997, 8474 22...... 10709 Proposed Rules: 11136, 11137, 11139, 11142, 65 ...... 10468, 10472, 11315, 23...... 10709 48...... 11350 11149, 11153, 11162, 11550, 11317 24...... 10709, 13133 250...... 8534, 8901 11552, 11556, 11560, 11731, 67...... 10474, 11318 25 ...... 8905, 10709, 10710 251...... 8901 11735, 12030, 13101 Proposed Rules: 26...... 10709 256...... 8901 60...... 9905 67...... 10494, 11362 36...... 10499 906...... 8534 70 ...... 8875, 11738, 13101 43...... 10522 45 CFR 931...... 13117 80...... 8221, 12030 61...... 11174 936...... 8536 81...... 11560 74...... 11743 63...... 10522 938...... 10918 82...... 10676 801...... 11747 64 ...... 9966, 10522, 11174 944...... 11350 112...... 9646 1611...... 12041 65...... 9968 946...... 10919 114...... 9646 Proposed Rules: 69...... 10499, 11174 117...... 9646 74...... 73 ...... 8014, 8230, 9410, 9411, 31 CFR 152...... 8876 78...... 9964, 10300, 10301, 10709, 500...... 9343 167...... 8221 101...... 10876, 10977, 10978 iv Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Reader Aids

74...... 10709 1011...... 11799 1081...... 11799 1152...... 11174, 11375 76...... 9411, 9671 1012...... 11799 1082...... 11799 1201...... 9138, 11375 78...... 10709 1013...... 11799 1083...... 11799 1262...... 9138 80...... 10709 1014...... 11799 1084...... 11799 1312...... 9419 87...... 8905, 10709 1015...... 11799 1085...... 11799 1313...... 13147 90...... 10709 1016...... 11799 1086...... 11799 94...... 10709 1017...... 11799 1087...... 11799 95...... 10709 1018...... 11799 1088...... 11799 50 CFR 97...... 10709 1019...... 11799 1089...... 11799 17 ...... 9651, 10693, 11320 1020...... 11799 1090...... 11799 215...... 11750 48 CFR 1021...... 11799 1091...... 11799 216...... 11750 206...... 10285 1022...... 11799 1092...... 11799 227...... 10477 213...... 9532 1023...... 11799 1093...... 11799 260...... 9368 225...... 10899, 13106 1024...... 11799 1094...... 11799 261...... 9368 252...... 10899, 13106 1025...... 11799 1095...... 11799 262...... 9368 510...... 10846 1026...... 11799 1096...... 11799 263...... 9368 515...... 10846 1027...... 11799 1097...... 11799 264...... 9368 538...... 10846 1028...... 11799 1098...... 11799 265...... 9368 552...... 10846 1029...... 11799 1099...... 11799 266...... 9368 801...... 11585 1030...... 11799 1100...... 11799 267...... 9368 814...... 11585 1031...... 11799 1101...... 11799 285...... 8223, 11337 833...... 11585 1032...... 11799 1102...... 11799 290...... 8224 836...... 11585 1033...... 11799 1103...... 11799 300...... 11751 852...... 11585 1034...... 11799 1104...... 11799 301...... 11337 1035...... 11799 1105...... 11174, 11799 49 CFR 351...... 9369 1036...... 11799 1106...... 11799 380...... 8483 199...... 10477 1037...... 11799 1107...... 11799 611...... 9955 382...... 9546 1038...... 11799 1108...... 11799 620...... 11164 383...... 9546 1039...... 11799, 13146 1109...... 11799 625 ...... 10285, 10286, 11344 390...... 9546 1040...... 11799 1110...... 11799 642...... 11345 391...... 9546, 13338 1041...... 11799 1111...... 11799 650...... 8490 392...... 9546 1042...... 11799 1112...... 11799 651...... 8492 571 ...... 9953, 11587, 13108 1043...... 11799 1113...... 11799 655...... 8496 671...... 9650 1044...... 11799 1114...... 11799 661...... 8497 1201...... 9112 1045...... 11799 1115...... 11799 1262...... 9112 1046...... 11799 1116...... 11799 672 ...8888, 9955, 9956, 10286, 10901, 11589, 11590 Proposed Rules: 1047...... 11799 1117...... 11799 Ch. X ...... 9413, 10526 1048...... 11799 1118...... 11799 675 .....8497, 9498, 8888, 8889, 40...... 9969 1049...... 11799 1119...... 11799 9113, 9370, 10287, 10697, 171...... 8328, 11484 1050...... 11799 1120...... 11799 11165, 11345, 12041, 13109 173...... 8328, 11484 1051...... 11799 1121...... 11799, 11804 676...... 9955 178...... 8328 1052...... 11799 1122...... 11799 683...... 8890 180...... 11484 1053...... 11799 1123...... 11799 Proposed Rules: 191...... 9132 1054...... 11799 1124...... 11799 10...... 11180 192...... 8231, 9132 1055...... 11799 1125...... 11799 14...... 11180 193...... 8231 1056...... 11799 1126...... 11799 15...... 11180 195 ...... 8231, 9415, 13144 1057...... 11799 1127...... 11799 16...... 11180 199...... 9969 1058...... 11799 1128...... 11799 17 ...... 8014, 8016, 8018, 214...... 10528 1059...... 11799 1129...... 11799 11180,11181 219...... 9969 1060...... 11799 1130...... 11799 18...... 11180 229...... 8881 1061...... 11799 1131...... 11799 20...... 11805, 11986 382...... 9969, 10548 1062...... 11799 1132...... 11799 23...... 8019, 11180 383...... 10548 1063...... 11799 1133...... 11799 91...... 10557 390...... 10548 1064...... 11799 1134...... 11799 260...... 9420 391...... 10548 1065...... 11799 1135...... 11799 611...... 10712 571 ...... 9135, 10556, 10979 1066...... 11799 1136...... 11799 620...... 10712 572...... 9135 1067...... 11799 1137...... 11799 640...... 12055 653...... 9969 1068...... 11799 1138...... 11799 642...... 10302 654...... 9969 1069...... 11799 1139...... 11799 651...... 8540 1000...... 11799 1070...... 11799 1140...... 11799 654...... 12056 1001...... 11799 1071...... 11799 1141...... 11799 659...... 11181 1002...... 11799, 11802 1072...... 11799 1142...... 11799 662...... 13148 1003...... 11799 1073...... 11799 1143...... 11799 663...... 8021, 10303 1004...... 11799 1074...... 11799 1144...... 11799 672...... 9972, 11375 1005...... 11799 1075...... 11799 1145...... 11799 674...... 13149 1006...... 11799 1076...... 11799 1146...... 11799 675...... 8023 1007...... 11799 1077...... 11799 1147...... 11799 676...... 11376 1008...... 11799 1078...... 11799 1148...... 11799 686...... 8564 1009...... 11799 1079...... 11799 1149...... 11799 1010...... 11799 1080...... 11799 1150...... 11802 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Reader Aids v

REMINDERS Correction; published 3-26- Debarment and suspension AGRICULTURE The rules and proposed rules 96 certificate; tax evasion; DEPARTMENT in this list were editorially GENERAL SERVICES published 1-26-96 Farm Service Agency compiled as an aid to Federal ADMINISTRATION Field pricing support Program regulations: Register users. Inclusion or Federal Acquisition Regulation request; published 1-26-96 Business and industrial loan exclusion from this list has no (FAR): Inherently governmental program; comments due legal significance. Accounting guide availability; functions; published 1-26- by 4-2-96; published 2-2- published 1-26-96 96 96 RULES GOING INTO Contractors' purchasing Insurance; liability to third AGRICULTURE persons; published 1-26- EFFECT TODAY systems reviews and DEPARTMENT subcontractor consent; 96 Grain Inspection, Packers published 1-26-96 Javits-Wagner-O'Day and Stockyards APPALACHIAN REGIONAL program; published 1-26- COMMISSION Debarment and suspension Administration certificate; tax evasion; 96 Conflict of interests; correction; Agricultural commodities published 1-26-96 Nonallowability of excise published 3-26-96 standards: Field pricing support taxes on nondeductible Beans, whole dry peas, split DEFENSE DEPARTMENT request; published 1-26-96 contributions to deferred peas, and lentils; grade Federal Acquisition Regulation Inherently governmental compensation plans; standards removed from (FAR): functions; published 1-26- published 1-26-96 CFR; comments due by Accounting guide availability; 96 Nonprofit institutions clause 4-1-96; published 2-29-96 published 1-26-96 Insurance; liability to third prescription; published 1- AGRICULTURE Contractors' purchasing persons; published 1-26- 26-96 DEPARTMENT systems reviews and 96 Overhead should-cost subcontractor consent; Rural Business-Cooperative Javits-Wagner-O'Day reviews; published 1-26- Service published 1-26-96 96 program; published 1-26- Program regulations: Debarment and suspension Small Business 96 Business and industrial loan certificate; tax evasion; Administration; authority to Nonallowability of excise program; comments due published 1-26-96 issue certificate of taxes on nondeductible by 4-2-96; published 2-2- Field pricing support competency contributions to deferred 96 request; published 1-26-96 determinations; published compensation plans; AGRICULTURE Inherently governmental published 1-26-96 1-26-96 functions; published 1-26- DEPARTMENT Nonprofit institutions clause Subcontract proposal audits; 96 Rural Housing Service prescription; published 1- published 1-26-96 Insurance; liability to third 26-96 Subcontracting plans; Program regulations: persons; published 1-26- Business and industrial loan Overhead should-cost published 1-26-96 96 program; comments due reviews; published 1-26- TRANSPORTATION Javits-Wagner-O'Day by 4-2-96; published 2-2- 96 DEPARTMENT program; published 1-26- 96 96 Small Business Federal Aviation Administration; authority to Administration AGRICULTURE Nonallowability of excise issue certificate of DEPARTMENT taxes on nondeductible Airworthiness directives: competency Rural Utilities Service contributions to deferred Boeing; published 3-11-96 determinations; published Program regulations: compensation plans; 1-26-96 TRANSPORTATION Business and industrial loan published 1-26-96 DEPARTMENT Nonprofit institutions clause Subcontract proposal audits; program; comments due published 1-26-96 National Highway Traffic by 4-2-96; published 2-2- prescription; published 1- Safety Administration 26-96 Subcontracting plans; 96 Motor vehicle safety standard: Overhead should-cost published 1-26-96 COMMERCE DEPARTMENT reviews; published 1-26- JUSTICE DEPARTMENT Child restraint systems-- National Oceanic and 96 Immigration and Rear-facing infant; Atmospheric Administration Small Business Naturalization Service interaction between Meetings: child restraints and air Administration; authority to Immigration: Mid-Atlantic Fishery bags; cutoff devices; issue certificate of Immigrant petitions-- Management Council; competency correction; published 3- Battered or abused comments due by 4-2-96; determinations; published 26-96 spouses and children; published 2-22-96 1-26-96 classification as DEFENSE DEPARTMENT Subcontract proposal audits; immediate relative of COMMENTS DUE NEXT Acquisition regulations: published 1-26-96 U.S. citizen or WEEK Miller Act bond Subcontracting plans; preference immigrant; requirements; alternatives; published 1-26-96 self-petitioning; AGRICULTURE comments due by 4-1-96; ENVIRONMENTAL published 3-26-96 DEPARTMENT published 2-1-96 PROTECTION AGENCY NATIONAL AERONAUTICS Agricultural Marketing ENERGY DEPARTMENT Air quality implementation AND SPACE Service Debarment and suspension plans; approval and ADMINISTRATION Cotton: (procurement) and promulgation; various Federal Acquisition Regulation Classification services to governmentwide debarment States: (FAR): growers; user fees; and suspension Delaware; published 1-26-96 Accounting guide availability; comments due by 4-1-96; (nonprocurement); drug-free Illinois; published 1-26-96 published 1-26-96 published 2-29-96 workplace requirements; FEDERAL RESERVE Contractors' purchasing Nectarines and peaches comments due by 4-2-96; SYSTEM systems reviews and grown in California; published 2-2-96 Equal opportunity rules; subcontractor consent; comments due by 4-3-96; National Environmental Policy complaint processing published 1-26-96 published 3-4-96 Act; implementation; vi Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Reader Aids

comments due by 4-5-96; Pollutant analysis; test comments due by 4-1-96; LABOR DEPARTMENT published 2-20-96 procedures guidelines; published 3-1-96 Occupational Safety and ENVIRONMENTAL comments due by 4-2- Food additives: Health Administration PROTECTION AGENCY 96; published 1-26-96 Folic acid (Folacin); Construction safety and health Air pollutants, hazardous; Ocean dumping; bioassay comments due by 4-4-96; standards: national emission standards: testing requirements; published 3-5-96 Powered industrial truck Synthetic organic chemical comments due by 4-1-96; Food for human consumption: operator training; published 2-29-96 manufacturing industry Food additives-- comments due by 4-1-96; and other processes FEDERAL Sucrose esterified with published 1-30-96 subject to equipment COMMUNICATIONS medium and long chain Occupational safety and health leaks negotiated COMMISSION fatty acids (olestra); standards, etc.: regulation; comments due Common carrier services: comments due by 4-1- Powered industrial truck by 4-1-96; published 2-29- Open video systems; 96; published 3-21-96 operator training; 96 implementation; comments Food labeling-- comments due by 4-1-96; Air programs: due by 4-1-96; published Folate and neural tube published 1-30-96 Stratospheric ozone 3-14-96 defects; health claims NATIONAL CREDIT UNION protection-- Satellite communications-- and label statements; ADMINISTRATION Motor vehicle air Fixed-satellite service in comments due by 4-4- Credit unions: conditioners servicing; 13.75-14.0 GHz band; 96; published 3-5-96 Community development comments due by 4-5- comments due by 4-1- Health claims, oats and 96; published 3-6-96 revolving loan program; 96; published 3-6-96 coronary heart disease; comments due by 4-5-96; Refrigerant recycling; Telecommunications Act; comments due by 4-3- published 2-5-96 comments due by 4-1- implementation-- 96; published 1-4-96 Insurance requirements-- 96; published 2-29-96 Equipment standards; INTERIOR DEPARTMENT Financial and statistical Refrigerant recycling; dispute resolution; Fish and Wildlife Service reports; directly assess comments due by 4-1- comments due by 4-1- Endangered and threatened federally-insured credit 96; published 2-29-96 96; published 3-12-96 species: unions for cost of Refrigerant recycling; Radio broadcasting: repeated inaccurate or comments due by 4-1- California condors, captive- Arecibo Coordination Zone, late filings; comments 96; published 2-29-96 reared; comments due by PR; designation; 4-1-96; published 2-29-96 due by 4-5-96; Air quality implementation comments due by 4-1-96; published 2-5-96 plans; approval and INTERIOR DEPARTMENT published 3-15-96 Organization and operations- promulgation; various Minerals Management Radio stations; table of - States: Service assignments: Secondary capital from California; comments due by Rulemaking petitions: California; comments due by foundations and other 4-1-96; published 3-1-96 4-5-96; published 2-20-96 Outer Continental Shelf; philanthropic-minded Kentucky; comments due by claimed aboriginal title Delaware; comments due by institutional investors; 4-5-96; published 3-6-96 and aboriginal hunting 4-5-96; published 2-20-96 comments due by 4-1- Maryland; comments due by and fishing rights of New York et al.; comments 96; published 2-2-96 4-1-96; published 3-1-96 federally recognized tribes due by 4-5-96; published in Alaska; comments due PANAMA CANAL Michigan; comments due by 2-20-96 COMMISSION 4-1-96; published 3-1-96 by 4-4-96; published 3-5- Oregon; comments due by 96 Acquisition regulations: Missouri; comments due by 4-5-96; published 2-20-96 4-1-96; published 2-29-96 INTERIOR DEPARTMENT Debarment, suspension and Texas; comments due by 4- National Park Service ineligibility; comments due Oklahoma; comments due 5-96; published 2-20-96 by 4-2-96; published 2-2- by 4-1-96; published 2-29- Special regulations: FEDERAL RESERVE 96 96 Voyageurs National Park, SYSTEM PERSONNEL MANAGEMENT Hazardous waste program MN; aircraft operations; OFFICE authorizations: Truth in lending (Regulation areas designation; Washington; comments due Z): comments due by 4-1-96; Pay under General Schedule: by 4-1-96; published 2-29- Consumer protection; published 1-31-96 Locality-based comparability 96 adequacy determination; INTERIOR DEPARTMENT payments-- Pesticides; tolerances in food, comments due by 4-1-96; Interim geographic published 1-30-96 Surface Mining Reclamation animal feeds, and raw and Enforcement Office adjustments; FEDERAL TRADE termination; comments agricultural commodities: Permanent program and Prosulfuron; comments due COMMISSION due by 4-1-96; abandoned mine land published 2-1-96 by 4-5-96; published 3-6- Trade regulation rules: reclamation plan 96 Waist belts, leather content; submissions: RAILROAD RETIREMENT BOARD Sethoxydim; comments due misbranding and Oklahoma; comments due by 4-1-96; published 2-29- deception; comments due by 4-4-96; published 3-5- Cigarettes; prohibition of sale 96 by 4-4-96; published 3-5- 96 to minors; comments due by 96 4-3-96; published 3-4-96 Superfund program: INTERNATIONAL National oil and hazardous HEALTH AND HUMAN DEVELOPMENT TRANSPORTATION substances contingency SERVICES DEPARTMENT COOPERATION AGENCY DEPARTMENT plan-- Food and Drug Agency for International Coast Guard National priorities list Administration Development Federal regulatory review: update; comments due Chlorofluorocarbon propellants Commodities and services Electrical engineering by 4-1-96; published 3- in self-pressurized financed by AID; source, requirements for merchant 1-96 containers: origin and nationality rules; vessels; comments due Water pollution control: Sterile aerosol talc; addition comments due by 4-5-96; by 4-2-96; published 2-26- Clean Water Act-- to list of essential uses; published 2-5-96 96 Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Reader Aids vii

Ports and waterways safety: Federal-aid project Voluntary specifications and which have become Federal Elizabeth River and York agreement; contract standards, etc.; periodic laws. It may be used in River, VA; safety zone; procedures; comments updates; Federal conjunction with ``P L U S'' comments due by 4-3-96; due by 4-1-96; published regulatory review; (Public Laws Update Service) published 3-14-96 1-30-96 comments due by 4-3-96; on 202±523±6641. The text of TRANSPORTATION TRANSPORTATION published 3-4-96 laws is not published in the DEPARTMENT DEPARTMENT TREASURY DEPARTMENT Federal Register but may be Federal Aviation Federal Transit Customs Service ordered in individual pamphlet Administration Administration North American Free Trade form (referred to as ``slip Airworthiness directives: Agreement (NAFTA): Capital leases; comments due laws'') from the Boeing; comments due by Duty deferral programs; by 4-1-96; published 1-31- Superintendent of Documents, 4-1-96; published 2-1-96 96 collection and waiver or U.S. Government Printing McDonnell Douglas; reduction of duty; TRANSPORTATION Office, Washington, DC 20402 comments due by 4-1-96; DEPARTMENT comments due by 4-1-96; published 2-21-96 (phone, 202±512±2470). National Highway Traffic published 1-30-96 Airworthiness standards: TREASURY DEPARTMENT Safety Administration H.J. Res. 165/P.L. 104±118 Normal, utility, acrobatic, Internal Revenue Service and commuter category Motor vehicle safety Income taxes: airplanes-- standards, etc.: Making further continuing Powerplant and equipment Small volume Individual returns; filing appropriations for the fiscal standards; comments manufacturers; regulatory extension; cross reference year 1996, and for other and hearing; comments due by 4-3-96; problems; meeting; purposes. (Mar. 22, 1996; 110 published 1-4-96 comments due by 4-4-96; due by 4-1-96; published 1-4-96 Stat. 829) TRANSPORTATION published 2-5-96 DEPARTMENT TRANSPORTATION Last List March 22, 1996 Federal Highway DEPARTMENT LIST OF PUBLIC LAWS Administration Research and Special Engineering and traffic Programs Administration This is a list of public bills operations: Pipeline safety: from the 104th Congress