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2 III

Contents Federal Register Vol. 62, No. 231

Tuesday, December 2, 1997

Agency for Health Care Policy and Research Copyright Office, Library of Congress NOTICES RULES Meetings: Copyright office and procedures: Health Care Policy and Research Special Emphasis Panel, Copyright claims; group registration of serials, 63657 63719 Drug Enforcement Administration Agricultural Marketing Service NOTICES NOTICES Applications, hearings, determinations, etc.: Agency information collection activities: Dalton, Anthony P., M.D., 63725–63726 Proposed collection; comment request, 63693–63694 Education Department NOTICES Agriculture Department Agency information collection activities: See Agricultural Marketing Service Submission for OMB review; comment request, 63699– See Commodity Credit Corporation 63700 See Farm Service Agency Grants and cooperative agreements; availability, etc.: See Federal Crop Insurance Corporation 21st century community learning centers program, See Grain Inspection, Packers and Stockyards 63774–63778 Administration NOTICES Bilingual education and minority languages affairs— Agency information collection activities: State bilingual program, 63780–63795 Submission for OMB review; comment request, 63693 Postsecondary education: Federal Perkins loan, Federal work-study, and Federal supplemental educational opportunity grant Centers for Disease Control and Prevention programs— NOTICES Underuse of funds; allocation reduction waivers; Agency information collection activities: submission closing date, 63752–63753 Proposed collection; comment request, 63719–63720 Submission for OMB review; comment request, 63720– Energy Department 63721 See Federal Energy Regulatory Commission NOTICES Children and Families Administration Grants and cooperative agreements; availability, etc.: NOTICES Advanced drilling technologies development, 63700 Agency information collection activities: Spent nuclear fuel and/or high-level radioactive waste; safe Submission for OMB review; comment request, 63721 transportation to federal storage or disposal facilities; proposals request, 63700–63701 Civil Rights Commission NOTICES Environmental Protection Agency Meetings; State advisory committees: RULES Rhode Island, 63696 Air quality implementation plans; approval and Virginia, 63696 promulgation; various States: Louisiana, 63658–63662 Commerce Department Clean Air Act: See International Trade Administration Compliance assurance monitoring, 63662 See National Oceanic and Atmospheric Administration Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Pyrimethanil, 63662–63669 Commodity Credit Corporation PROPOSED RULES NOTICES Air quality implementation plans; approval and Agricultural Trade Development and Assistance Act: promulgation; various States: Agricultural market development plans; agreements with Louisiana, 63687 developing countries and private entities; comment Air quality planning purposes; designation of areas: request, 63694–63695 Alaska, 63687–63689 Water programs: Commodity Futures Trading Commission Oil pollution prevention and response; non- NOTICES transportation related onhore and offshore facilities, Meetings; Sunshine Act, 63697–63698 63812–63820 NOTICES Consumer Product Safety Commission Agency information collection activities: NOTICES Proposed collection; comment request, 63703–63712 Commission findings: Clean Air Act: Cadet Manufacturing Co., Inc.; hazardous heaters; news Citizens suits; proposed settlements— release requirement, 63699 Sierra Club, 63712 IV Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Contents

Meetings: Texas Gas Transmission Corp., 63703 Pesticide environmental stewardship program regional Transwestern Pipeline Co., 63703 workshops, 63712–63713 Protozoan method development workshop; drinking Federal Maritime Commission water analytical methods, 63713 NOTICES Science Advisory Board, 63713 Agreements filed, etc., 63715–63716 Pesticides; experimental use permits, etc.: Freight forwarder licenses: Monsanto Co., 63713–63714 Frontier International Forwarders et al., 63716

Executive Office of the President Federal Railroad Administration See Presidential Documents RULES See Trade Representative, Office of United States Railroad accident/incident reporting: Monetary threshold increase, 63675–63676 Farm Credit Administration RULES Federal Reserve System Farm credit system: NOTICES Loan policies and operations— Banks and bank holding companies: Loan sales into secondary markets; relief from Formations, acquisitions, and mergers, 63716–63717 minimum stock purchase and borrower rights Permissible nonbanking activities, 63717 requirements, 63644–63647 Federal Trade Commission Farm Service Agency NOTICES PROPOSED RULES Agency information collection activities: Farm marketing quotas, acreage allotments, and production Submission for OMB review; comment request, 63717– adjustments: 63718 Peanuts, 63678–63681 Made in USA claims in product advertising and labeling; enforcement policy statement, 63756–63771 Federal Aviation Administration NOTICES Fish and Wildlife Service Advisory circulars; availability, etc.: NOTICES Carry-on baggage, 63742 Agency information collection activities: Meetings: Submission for OMB review; comment request, 63722– RTCA, Inc., 63742–63743 63724 Passenger facility charges; applications, etc.: Idaho Falls Municipal Airport, ID, 63743 Food and Drug Administration Richland-Lexington Airport Commission, SC, et al., RULES 63743–63745 Food for human consumption: Food labeling— Federal Communications Commission Dietary sugar alcohols and dental caries; health claims, RULES 63653–63655 Radio stations; table of assignments: Salt, salt substitutes, seasoning salt (e.g., garlic salt); Illinois et al., 63674 serving sizes; reference amount, 63647–63653 Wyoming, 63674–63675 NOTICES PROPOSED RULES Agency information collection activities: Radio stations; table of assignments: Submission for OMB review; comment request, 63721– Alabama et al., 63690 63722 NOTICES Agency information collection activities: General Services Administration Submission for OMB review; comment request, 63714 RULES Federal travel: Federal Crop Insurance Corporation Per diem localities; maximum lodging and meal RULES allowances, 63798–63810 Crop insurance regulations: NOTICES Fresh market (dollar plan) tomatoes Agency information collection activities: Correction, 63633–63634 Submission for OMB review; comment request, 63718 Fresh market tomatoes, etc., 63631–63633 Grain Inspection, Packers and Stockyards Administration Federal Election Commission NOTICES NOTICES Agency information collection activities: Special elections; filing dates: Proposed collection; comment request, 63695 California, 63715 Agricultural commodities standards: Whole dry peas, split peas, and lentils, 63696 Federal Energy Regulatory Commission NOTICES Health and Human Services Department Applications, hearings, determinations, etc.: See Agency for Health Care Policy and Research NorAm Gas Transmission Co., 63701–63702 See Centers for Disease Control and Prevention Northern States Power Co., 63702 See Children and Families Administration Power Authority of State of New York, 63702–63703 See Food and Drug Administration Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Contents V

See Health Care Financing Administration Mine Safety and Health Administration See Inspector General Office, Health and Human Services NOTICES Department Safety standard petitions: NOTICES Mountain Coal Co. et al., 63727–63729 Meetings: National Bioethics Advisory Commission, 63718–63719 National Aeronautics and Space Administration NOTICES Health Care Financing Administration Meetings: See Inspector General Office, Health and Human Services Advisory Council, 63729 Department RULES Medicare: National Highway Traffic Safety Administration Medicare+Choice plans and risk-sharing contractors; user RULES fee collection, 63669–63674 National Driver Register problem driver pointer system; procedures for participating in and receiving data from Immigration and Naturalization Service system: NOTICES Coast Guard Commandant; authorization to request and Agency information collection activities: receive information, 63655–63657 Submission for OMB review; comment request, 63726– 63727 National Oceanic and Atmospheric Administration RULES Inspector General Office, Health and Human Services Fishery conservation and management: Department Caribbean, Gulf, and South Atlantic fisheries— PROPOSED RULES Gulf of Mexico and South Atlantic coastal migratory Health care programs; fraud and abuse: pelagic resources, 63677 Health Insurance Portability and Accountability Act— PROPOSED RULES Shared Risk Exception Negotiated Rulemaking Fishery conservation and management: Committee; meetings, 63689–63690 Alaska; fisheries of Exclusive Economic Zone— Pelagic shelf rockfish, 63690–63692 Interior Department NOTICES See Fish and Wildlife Service Permits: See Land Management Bureau Marine mammals, 63697 See Minerals Management Service See National Park Service National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES International Trade Administration National Register of Historic Places: NOTICES Pending nominations, 63725 Export trade certificates of review, 63696–63697 National Science Foundation International Trade Commission NOTICES NOTICES Antarctic Conservation Act of 1978; permit applications, Meetings; Sunshine Act, 63725 etc., 63729–63730

Justice Department Nuclear Regulatory Commission See Drug Enforcement Administration RULES See Immigration and Naturalization Service Byproduct material; domestic licensing: Radioactive drugs containing one microcurie of carbon-14 Labor Department urea; distribution to persons for ‘‘in vivo’’ diagnostic See Mine Safety and Health Administration use, 63634–63640 Land Management Bureau Plants and materials; physical protection: Nuclear power plant security requirements; internal NOTICES threat requirements, deletion, 63640–63644 Environmental statements; availability, etc.: NOTICES Arizona; mining claim use and occupancy, 63724 Agency information collection activities: Imperial Project gold mining/processing operation, CA, Submission for OMB review; comment request, 63730– 63724 63731 Library of Congress Environmental statements; availability, etc.: Northeast Nuclear Energy Co., 63736–63737 See Copyright Office, Library of Congress Meetings; Sunshine Act, 63737–63738 Maritime Administration Regulatory guides; issuance, availability, and withdrawal, NOTICES 63738 Agency information collection activities: Applications, hearings, determinations, etc.: Proposed collection; comment request, 63745–63746 Bandy, Finis Scott, 63731–63732 Entergy Operations, Inc., 63732–63736 Minerals Management Service NOTICES Office of United States Trade Representative Reporting and recordkeeping requirements, 63724–63725 See Trade Representative, Office of United States VI Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Contents

Personnel Management Office Trade Representative, Office of United States RULES NOTICES Allowances and differentials: World Trade Organization: Cost-of-living allowances (nonforeign areas) Dispute settlement panel establishment requests— Miscellaneous changes, 63630–63631 Korea; dynamic random access semiconductors Employment: (DRAMS) of one megabyte or above; antidumping Federal employee training; correction, 63630 duties, 63740–63741 Excepted service: Student educational employment program, 63627–63630 Transportation Department NOTICES See Federal Aviation Administration Meetings: See Federal Railroad Administration Federal Prevailing Rate Advisory Committee, 63738 See Maritime Administration See National Highway Traffic Safety Administration Presidential Documents See Surface Transportation Board ADMINISTRATIVE ORDERS NOTICES Soviet Union, New Independent States of the Former, Agency information collection activities: assistance program (Presidential Determination No. 98- Submission for OMB review; comment request, 63741– 4 of November 14, 1997), 63821–63823 63742 Aviation proceedings: Hearings, etc.— Public Health Service Global Air Cargo, Inc., 63742 See Agency for Health Care Policy and Research See Centers for Disease Control and Prevention See Food and Drug Administration Treasury Department NOTICES Organization, functions, and authority delegations: Small Business Administration Premium-class travel; approval policy and NOTICES responsibilities, 63748–63749 Disaster loan areas: Public Debt Bureau, Commissioner, et al., 63749 California, 63738–63739 Meetings; district and regional advisory councils: Veterans Affairs Department West Virginia, 63739 NOTICES Real property; enhanced-use leases: Social Security Administration Mountain Home, TN; James H. Quillen Veterans Affairs PROPOSED RULES Medical Center, 63718 Organization and procedures: Social security numbers for aliens; information collection from State Department and Immigration and Separate Parts In This Issue Naturalization Service, 63681–63684 Part II State Department Department of Education, 63752–63753 NOTICES Arms Export Control Act: Part III Determinations, 63739 Federal Trade Commission, 63756–63771 Meetings: Private International Law Advisory Committee, 63739– Part IV 63740 Department of Education, 63774–63778

Surface Mining Reclamation and Enforcement Office Part V PROPOSED RULES Department of Education, 63780–63795 Permanent program and abandoned mine land reclamation plan submissions: Part VI Montana, 63685–63687 General Services Administration, 63798–63810 Ohio, 63684–63685 Part VII Surface Transportation Board Environmental Protection Agency, 63812–63820 NOTICES Agreements under sections 5a and 5b; applications for Part VIII approval, etc.: The President, 63821–63823 National Classification Committee, 63746 Railroad operation, acquisition, construction, etc.: Colorado, Kansas & Pacific Railway Co., 63746 Gilbertson, Peter A., et al., 63746–63747 Reader Aids Pacific Harbor Line, Inc., 63747 Additional information, including a list of telephone Sierra Railroad Co., 63747 numbers, finding aids, reminders, and a list of Public Laws Railroad services abandonment: appears in the Reader Aids section at the end of this issue. Soo Line Railroad Co., 63747–63748 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Contents VII

Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of documents on public inspection is available on 202–275– 1538 or 275–0920. VIII Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / 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 Administrative Orders: Presidential Determinations: No. 98±4 of November 14, 1997 ...... 63823 5 CFR 213...... 63627 315...... 63627 410...... 63630 591...... 63630 7 CFR 401...... 63631 454...... 63631 457 (2 documents) ...... 63631, 63633 Proposed Rules: 729...... 63678 10 CFR 30...... 63634 32...... 63634 73...... 63640 12 CFR 614...... 63644 20 CFR Proposed Rules: 422...... 63681 21 CFR 101 (2 documents) ...... 63647, 63653 23 CFR 1327...... 63655 30 CFR Proposed Rules: 917...... 63684 926...... 63684 37 CFR 202...... 63657 40 CFR 52...... 63658 64...... 63662 70...... 63662 71...... 63662 180...... 63662 Proposed Rules: 52...... 63687 81...... 63687 112...... 63812 41 CFR 301...... 63798 42 CFR 417...... 63669 Proposed Rules: 1001...... 63689 47 CFR 73 (2 documents) ...... 63674 Proposed Rules: 73...... 63690 49 CFR 219...... 63675 225...... 63675 50 CFR 622...... 63677 Proposed Rules: 679...... 63690 63627

Rules and Regulations Federal Register Vol. 62, No. 231

Tuesday, December 2, 1997

This section of the FEDERAL REGISTER Program was listed as 5 CFR Experience employees to term contains regulatory documents having general 213.3202(a); the Student Career appointments in the competitive applicability and legal effect, most of which Experience Program was listed as 5 CFR service, in addition to career and career- are keyed to and codified in the Code of 213.3202(b). Implementing regulations conditional appointments authorized by Federal Regulations, which is published under for the programs were listed separately Executive Order 12015. Before the term 50 titles pursuant to 44 U.S.C. 1510. under 5 CFR 213.3202 (c) and (d), which appointment expires, agencies may The Code of Federal Regulations is sold by has caused confusion when citing the noncompetitively convert the term the Superintendent of Documents. Prices of appropriate appointing authority. appointments to career or career- new books are listed in the first FEDERAL We propose to rearrange the conditional appointments. This REGISTER issue of each week. authorities so that the requirements for provides agencies an additional each program are listed under the flexibility in managing its workforce. appointing authority itself. The Student We are including this provision in the OFFICE OF PERSONNEL Temporary Employment Program will Student Career Experience appointment MANAGEMENT remain under 5 CFR 213.3202(a), and authority, and making conforming the Student Career Experience Program changes in part 315. 5 CFR Parts 213 and 315 under 5 CFR 213.3202(b). Requirements Documentation on SF–50, Notification RIN 3206±AH82 and general instructions that apply to both components appear in each of Personnel Action Student Educational Employment authority. Paragraphs (c) and (d) in For noncompetitive conversions from Program § 213.3202 are reserved. the Student Educational Employment No fundamental changes are made to Program to term, career, and career- AGENCY: Office of Personnel the Student Educational Employment conditional appointments, agencies Management. Program; we are not entertaining any should cite Legal Authority Code ZJM ACTION: Interim regulations with request suggestions to change it. The Program on the SF–50, Notification of Personnel for written comments. will continue as it has for the last 2 Action. The legal authority is Executive years, with clarifications to three Order 12015. SUMMARY: The Office of Personnel definitions. Management (OPM) is issuing interim Waiver of Notice of Proposed regulations governing the Student Program Clarifications Rulemaking Educational Employment Program. The • The current definition of ‘‘student’’ does Pursuant to 5 U.S.C. 533(b)(3)(B), I regulations make no fundamental not clearly address the situation of students find that good cause exists for waiving changes to the Program. The regulations who are accepted for enrollment but are not the general notice of proposed recodify the two components of the yet taking courses, taking correspondence rulemaking because this document Program; implement Executive Order course, or being home-schooled. We are merely recodifies paragraphs for greater 13024, which permits noncompetitive amending the definition to make clear that clarity and ease of use. Also, the conversion of certain employees of the individuals who are accepted for enrollment are considered to be students for the purpose Executive Order permitting Student Educational Employment of both programs. We are also clarifying that noncompetitive conversion to term Program to term appointments; clarify only those students who are in actual appointments became effective on certain definitions; and make related physical attendance at the school may November 7, 1996. No substantive editorial changes to part 315. participate in the Student Educational Employment Program. This is similar to the changes have been made in these DATES: Effective date: December 2, 1997. regulations. Written comments will be considered if definition of ‘‘student’’ used in the past for summer employment. received on or before January 2, 1998. • List of Subjects in 5 CFR Parts 213 and Under the Student Career Experience 315 FOR FURTHER INFORMATION CONTACT: Program, the authority currently classifies Christina Gonzales Vay, 202–606–0830, students as trainees in the –99 series of an Government employees, Reporting FAX 202–606–0390, or TDD 202–606– occupational group and does not address and recordkeeping requirements. 0023. wage grade positions. We did not intend to limit Student Career Experience Office of Personnel Management. SUPPLEMENTARY INFORMATION: On appointments to only positions under the Janice R. Lachance, December 16, 1994, OPM published General Schedule. Therefore, we are Director. final regulations at 59 FR 64839 that clarifying that agencies may appoint Student consolidated 13 different student Career Experience eligibles to positions Accordingly, OPM is amending part employment programs into one either under the General Schedule or the 213 and part 315 of title 5, Code of simplified program, the Student Federal Wage System. Federal Regulations, as follows: • Educational Employment Program. The We are clarifying the definition of ‘‘break in program’’ to make clear that a break in PART 213ÐEXCEPTED SERVICE Student Educational Employment program is authorized when a student is Program is comprised of two neither attending classes nor working at the 1. The authority for part 213 is revised components, the Student Temporary agency. to read as follows: Employment Program and the Student Conversion to Term Appointments Authority: 5 U.S.C. 3301 and 3302, E.O. Career Experience Program. Each was 10577, 3 CFR 1954–1958 Comp., p. 218; assigned an excepted service appointing On November 7, 1996, Executive § 213.101 also issued under 5 U.S.C. 2103; authority letter under Schedule B. The Order 13024 authorized noncompetitive § 213.3102 also issued under 5 U.S.C. 3301, Student Temporary Employment conversion of Student Career 3302, 3307, 8337(h), and 8456; E.O. 12364, 63628 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

47 FR 22931, 3 CFR 1982 Comp., p. 185; and time during the year. There are no excepted from the limitations under 38 U.S.C. 4301 et seq. limitations on the number of hours a § 213.104. 2. In § 213.104, paragraph (b)(3)(ii) is student can work per week, but the (ii) The nature of the duties does not revised to read as follows: student’s work schedule should not have to be related to the student’s interfere with the student’s academic academic/career goals. § 213.104 Special provisions for schedule. (iii) Students are not eligible for temporary, intermittent, or seasonal (4) Breaks in program. A break in noncompetitive conversion to term, appointments in Schedule A, B, or C. program is defined as a period of time career, or career-conditional * * * * * when a program participant is working appointments. They may be converted (b) * * * but is unable to go to school, or neither to the Student Career Experience (3) * * * attending classes nor working at the Program (refer to paragraph (a)(15) of (ii) Positions are filled under an agency. Agencies may use their this section). authority established for the purpose of discretion in either approving or (11) Classification. Classification of enabling the appointees to continue or denying a break in program. students is based on the occupational enhance their education, or to meet (5) Employment of minors. series for which they are hired. Grade academic or professional qualification Participation in this program must be in level is to be set according to the criteria requirements. These include the conformance with Federal, State, or in the appropriate General Schedule authorities set out in paragraphs (r) and local laws and standards governing the (GS) or wage grade (WG) classification (s) of § 213.3102 and paragraph (a) of employment of minors. standard. § 213.3202, and authorities granted to (6) Citizenship. Agencies may appoint (12) Qualifications. Students may be individual agencies for use in non-citizens provided that: evaluated either by agency-developed connection with internship, fellowship, (i) The student is lawfully admitted to standards or by the OPM qualification residency, or student programs. the United States as a permanent requirements for the position to which * * * * * resident or otherwise authorized to be appointed. Students are eligible for 3. In § 213.3202, paragraphs (a) and employed; and promotions. Promotions should be (b) are revised, and paragraphs (c) and (ii) The agency is authorized to pay documented as a conversion to another (d) are removed and reserved, to read as aliens under the annual appropriations excepted appointment, citing the same follows: act ban and any agency specific authority used for the original § 213.3202 Entire executive civil service. enabling and appropriation statutes. appointment and maintaining the (7) Employment of relatives. In original not-to-exceed (NTE) date. (a) Student Educational Employment accordance with part 310 of this Program—Student Temporary (13) Benefits. (i) Students under this chapter, a student may work in the same program are eligible for annual and sick Employment Program. (1) Students may agency with a relative when there is no be appointed to the Student Temporary leave and are generally ineligible for direct reporting relationship and the retirement coverage. Refer to § 831.201 Employment Program if they are relative is not in a position to influence pursuing any of the following and § 842.105 of this chapter for specific or control the student’s appointment, information. educational programs: employment, promotion or (i) High school diploma or General (ii) For rules on health and life advancement within the agency. Equivalency Diploma (GED); insurance coverage refer to § 870.202, (8) Financial need. There is no (ii) Vocational/Technical certificate; § 890.102, and § 890.502 of this chapter. (iii) Associate degree; requirement for students to meet any (14) Reductions-in-Force (RIF). (iv) Baccalaureate degree; specific economic/income criteria to be Students are covered by § 351.502 of (v) Graduate degree; or eligible. However, agencies have the this chapter for purposes of RIF. (vi) Professional degree. option to establish and use financial Students, provided they have completed (2) Definition of student. A student is need as a criteria to select students, if at least 1 year of current continuous an individual who has been accepted for they wish. OPM does not develop or service, are in excepted service Tenure enrollment, or who is enrolled, as a distribute annual economic guidelines Group III. degree (diploma, certificate, etc.) for use in determining financial need. (15) Conversion to Student Career seeking resident student in an An agency wishing to use the Experience Program. (i) Students may accredited high school, technical or Department of Health and Human be noncompetitively converted to the vocational school, 2-year or 4-year Services’ poverty guidelines may call Student Career Experience Program college or university, graduate or the Department of Health and Human whenever they meet the requirements of professional school. If the student is Services, Office of the Assistant that program and the agency has an enrolled, the student must be taking at Secretary for Planning and Evaluation. appropriate position available. least a half-time academic/vocational/ (9) Training expenses. Agencies may (ii) Work experience related to the or technical course load. The definition use their training authority in 5 U.S.C. student’s academic program and career of half-time is the definition provided chapter 41 and 5 CFR part 410 to pay goals, gained while under the Student by the school in which the student is all or part of the students’ training Temporary Employment Program, may enrolled. A student must be in actual expenses. be credited towards the 640 hour work physical attendance at a school, as (10) Appointments. (i) Students are experience necessary for distinguished from a correspondence or appointed to positions not to exceed 1 noncompetitive conversion to a term, home-schooled student. An individual year. Appointments under this authority career, or career-conditional who needs to complete less than the may be extended in one-year increments appointment. equivalent of half an academic/ as long as the individual meets the (iii) Conversions are not subject to vocational or technical courseload in definition of a student. Agencies may requirements of subparts C and D of part the class enrollment period immediately establish minimum academic 302 of this chapter. prior to graduating is still considered a requirements and on the job (b) Student Educational Employment student for purposes of this program. performance requirements for Program—Student Career Experience (3) Schedules. Students may work continuation in the program. Students Program. (1)(i) Students may be full-time or part-time schedules at any under this appointment authority are appointed to the Student Career Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63629

Experience Program if they are pursuing act ban and any agency specific before completion of, or concurrently any of the following educational enabling and appropriation statutes. with, the course requirements; programs: (ii) All students must be United States (C) Been recommended by the (A) High school diploma or General citizens at the time they are employing agency in which the career- Equivalency Diploma (GED); noncompetitively converted to a term, related work was performed; and (B) Vocational/Technical certificate; career, or career-conditional (D) Met the qualification standards for (C) Associate degree; appointment. the targeted position to which the (D) Baccalaureate degree; (7) Employment of relatives. In student will be appointed. (E) Graduate degree; or accordance with part 310 of this (ii) Conversions must be to an (F) Professional degree. chapter, a student may work in the same occupation related to the student’s (ii) Student participants in the Harry agency with a relative when there is no academic training and career related S. Truman Foundation Scholarship direct reporting relationship and the work experience. Program under the provision of Public relative is not in a position to influence (iii) The noncompetitive conversion Law 93–842 are eligible for or control the student’s appointment, may be to a position within the same appointments under the Student Career employment, promotion or agency or any other agency within the Experience Program. advancement within the agency. Federal Government. (2) Definition of student. A student is (iv) Agencies who noncompetitively an individual who has been accepted for (8) Financial need. There is no requirement for students to meet any convert Student Career Experience enrollment, or who is enrolled, as a Program participants to term degree (diploma, certificate, etc.) specific economic/income criteria to be eligible. However, agencies have the appointments may also seeking resident student in an noncompetitively convert them to career accredited high school, technical or option to establish and use financial need as a criteria to select students, if or career-conditional appointments vocational school, 2-year or 4-year before the term appointments expire. college or university, graduate or they wish. OPM does not develop or distribute annual economic guidelines (12) Agreement by all parties. (i) The professional school. If the student is Student Career Experience Program is a enrolled, the student must be taking at for use in determining financial need. An agency wishing to use the formally structured program and least a half-time academic/vocational/ requires a written agreement by all or technical course load. The definition Department of Health and Human Services’ poverty guidelines may call parties (agency, school, student) as to of half-time is the definition provided the: by the school in which the student is the Department of Health and Human Services, Office of the Assistant (A) Nature of work assignments; enrolled. A student must be in actual (B) Schedule of work assignments and Secretary for Planning and Evaluation. physical attendance at a school, as class attendance; distinguished from a correspondence or (9) Training expenses. Agencies may (C) Evaluation procedures; and home-schooled student. An individual use their training authority in 5 U.S.C. (D) Requirements for continuation who needs to complete less than the chapter 41 and 5 CFR part 410 of this and successful completion of the equivalent of half an academic/ chapter to pay all or part of the students’ program. vocational or technical courseload in training expenses. (ii) The work experience with the the class enrollment period immediately (10) Appointments. (i) Appointments agency must be related to his/her prior to graduating is still considered a are subject to all the requirements and academic/career goals. student for purposes of this program. conditions governing term, career, or (13) Schedule. Agencies, participating (3) Schedules. Students may work career-conditional employment, educational institutions, and students full-time or part-time schedules at any including investigation to establish an should agree on a formally-arranged time during the year. There are no appointee’s qualifications and schedule of school and work to ensure limitations on the number of hours a suitability. that: student can work per week, but the (ii) Appointments of participants who (i) Work responsibilities do not student’s work schedule should not have met all the requirements of the interfere with academic performance; interfere with the student’s academic program may be noncompetitively (ii) Completion of the educational schedule. converted to term, career, or career- program (awarding of diploma/ (4) Breaks in program. A break in conditional appointments at any time certificate/degree) and the Student program is defined as a period of time within 120 days after satisfactory Career Experience Program are when a program participant is working completion of the requirements for his/ accomplished in a reasonable and but is unable to go to school, or neither her diploma, certificate, or degree. appropriate timeframe; attending classes nor working at the (11) Program requirements for (iii) The agency is informed and agency. Agencies may use their noncompetitive conversion. (i) Students prepared for the student’s periods of discretion in either approving or may be noncompetitively converted employment; and denying a break in program. from the Student Career Experience (iv) Requirements for non-competitive (5) Employment of minors. Program to a term, career or career- conversion to term, career, or career- Participation in this program must be in conditional appointment under conditional employment are understood conformance with Federal, State, or Executive Order 12015 (as amended by by all parties. local laws and standards governing the Executive Order 13024) when students (14) Classification. Students whose employment of minors. have: positions are covered by the General (6) Citizenship. (i) Agencies may (A) Completed within the preceding Schedule will be classified as student appoint non-citizens provided that: 120 days, at an accredited school, trainees, to the –99 series of the (A) The student is lawfully admitted course requirements conferring a appropriate occupational group. to the United States as a permanent diploma, certificate, or degree; Students whose positions are covered resident or otherwise authorized to be (B) Completed at least 640 hours of by the Federal Wage System will be employed; and career-related work (agencies have the classified as student trainees, to the -01 (B) The agency is authorized to pay option of increasing this requirement for series of the appropriate occupational aliens under the annual appropriations some or all of its occupational fields), group. 63630 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

(15) Qualifications. Students may be (1) * * * Authority: 5 U.S.C. 4101, et. seq.; E.O. evaluated by either agency-developed (ix) The date of nontemporary 11348, 3 CFR, 1967 Comp., p. 275. standards or by the OPM qualifications excepted appointment under § 410.701 (Corrected) requirements for the target position. § 213.3202(b) of this chapter, provided 2. In § 410.701, remove the reference Any OPM test requirements are waived. the student’s appointment is converted to § 410.312, and add, in its place, Students are eligible for promotion. to career or career-conditional § 410.311. (16) Benefits. (i) Students appointed appointment under Executive Order under this program earn annual and sick 12015, with or without an intervening Office of Personnel Management. leave and with no prior service or with term appointment, and without a break Janice R. Lachance, less than 5 years of prior civilian in service of one day. Director. service, are generally covered by the * * * * * [FR Doc. 97–31535 Filed 12–1–97; 8:45 am] Federal Employees Retirement System [FR Doc. 97–31536 Filed 12–1–97; 8:45 am] BILLING CODE 6325±01±P (FERS) (see part 842 of this chapter). BILLING CODE 6325±01±P (ii) For life insurance and health benefits coverage refer to § 870.202 and OFFICE OF PERSONNEL § 890.102 of this chapter. OFFICE OF PERSONNEL MANAGEMENT (17) Tuition assistance. Agencies may MANAGEMENT use their training authority in 5 U.S.C. 5 CFR Part 591 Chapter 41 and part 410 of this chapter 5 CFR Part 410 RIN 3206±AH51 to pay all or part of the students’ RIN 3206±AF99 training expenses. Cost-of-Living Allowance (Nonforeign (18) Travel and transportation. Federal Employee Training Areas)ÐMiscellaneous Changes Agencies may pay for other expenses directly related to training, such as AGENCY: Office of Personnel AGENCY: Office of Personnel travel and transportation between duty Management. Management. station and school, for participants. ACTION: Correcting amendments. ACTION: Final rule. (19) Reduction-in-force (RIF). (i) SUMMARY: The Office of Personnel Students are in excepted service Tenure SUMMARY: This document contains a Management is issuing regulations that Group II for purposes of § 351.502. They correction to the final regulations, implement four changes in the are accorded the same retention rights which were published in the Federal nonforeign area cost-of-living allowance as excepted service employees. Register of Tuesday, December 17, 1996 (ii) They may qualify for severance (61 FR 66189). The regulations (COLA) program. One change removes pay if involuntarily separated under implemented policies related to the obsolete references to hiring authorities part 550, subpart G of this chapter. training of Federal employees. no longer in use. A second change clarifies the application of COLA * * * * * DATES: Effective on December 17, 1996. regulations to two pay systems linked to FOR FURTHER INFORMATION CONTACT: or equivalent to the Senior Executive PART 315ÐCAREER AND CAREER- Judith Lombard, 202–606–2431, email CONDITIONAL EMPLOYMENT Service. A third change clarifies the [email protected], or fax 202–606– application of COLA regulations to 4. The authority citation for part 315 2394. employees under other pay systems. continues to read: SUPPLEMENTARY INFORMATION: The fourth change extends nonforeign area post differentials to employees on Authority: 5 U.S.C. 1302, 3301, 3302; E.O. Background 10577, 3 CFR, 1954–1958 Comp., page 218, long-term temporary assignments in the unless otherwise noted. The final regulations subject to this same manner as is provided by the Secs. 315.601 and 315.609 also issued correction affect the training of Federal Department of State for employees in under 22 U.S.C. 3651 and 3652. employees. The subsection on reports foreign areas. Secs. 315.602 and 315.604 also issued contains an inaccurate reference about DATES: These regulations become under 5 U.S.C. 1104. records of agency training plans, effective on December 2, 1997. These Sec. 315.603 also issued under 5 U.S.C. expenditures, and activities. The regulations are applicable on the first 8151. correction removes a reference to a non- day of the first pay period beginning on Sec. 315.605 also issued under E.O. 12034, or after December 2, 1997. 3 CFR, 1978 Comp., p. 111. existent subsection of the final Sec. 315.606 also issued under E.O. 11219, regulations and adds, in its place, a FOR FURTHER INFORMATION CONTACT: Paul 3 CFR, 1964–1965 Comp., p. 303. reference to the correct subsection of the B. Malerba at (202) 606–2838, FAX: Sec. 315.607 also issued under 22 U.S.C. final regulations. (202) 606–4264, or EMAIL: 2506. Need for Correction [email protected]. Sec. 315.608 also issued under E.O. 12721, SUPPLEMENTARY INFORMATION: Under 3 CFR, 1990 Comp., p. 293. As published, the final regulations section 5941 of title 5, United States Sec. 315.610 also issued under 5 U.S.C. contain an error which may prove to be Code, and Executive Order 10000, as 3304(d). misleading and needs to be corrected. Sec. 315.710 also issued under E.O. 12596, amended, certain Federal employees in 3 CFR, 1987 Comp., p. 229. List of Subjects in 5 CFR Part 410 nonforeign areas outside the 48 contiguous States are eligible for cost-of- Subpart I also issued under 5 U.S.C. 3321, Education, Government employees. E.O. 12107, 3 CFR, 1978 Comp., p. 264. living allowances (COLAs) when local Accordingly, 5 CFR part 410 is living costs are substantially higher than 5. In § 315.201, paragraph (b)(1)(ix) is corrected by making the following revised to read as follows: those in the Washington, DC, area. correcting amendment: These COLAs are paid in Alaska, § 315.201 Service requirement for career PART 410ÐTRAINING Hawaii, Puerto Rico, the U.S. Virgin tenure. Islands, and Guam and the * * * * * 1. The authority citation for part 410 Commonwealth of the Northern Mariana (b) * * * continues to read as follows: Islands. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63631

The Office of Personnel Management regulations on locality-based § 591.210 Payment of allowances and (OPM) published proposed rules at 60 comparability payments. The differentials. FR 13354 on March 20, 1997, regulations also make conforming * * * * * concerning four regulatory changes in changes in § 591.201 and in paragraphs (b) Payment of an allowance or the COLA program. One change would (b)(1) (redesignated paragraph (c)(1)), differential will begin on the effective remove obsolete references to hiring and (c) (redesignated paragraph (d)) of date of the change in the employee’s authorities no longer in use. A second § 591.210. OPM has incorporated these official duty station to a duty station change would clarify the application of changes in this final rule. within the allowance or differential area COLA regulations to two pay systems or on the effective date of the linked to or equivalent to the Senior Regulatory Flexibility Act appointment in the case of local Executive Service. A third change I certify that this regulation will not recruitment. An employee who is would clarify the application of COLA have a significant economic impact on detailed for temporary duty in a regulations to employees under other a substantial number of small entities nonforeign area (i.e., the employee’s pay systems. The fourth change would because it affects only Federal agencies official duty station is outside the extend nonforeign area post differentials and employees. nonforeign area) is eligible for a to employees on long-term temporary differential, but not an allowance, assignments in the same manner as is List of Subjects in 5 CFR Part 591 except that payment of a differential provided by the Department of State for Government employees, Travel and shall not begin until after 42 employees in foreign areas. transportation expenses, Wages. consecutive calendar days of temporary OPM received three comments in duty in the differential area. Payment of response to the publication of the Office of Personnel Management. an allowance or differential will cease— proposed regulations. One commenter Janice R. Lachance, (1) On separation; endorsed the proposed changes in their Director. (2) On the effective date of assignment entirety. The second commenter Accordingly, OPM amends 5 CFR part or transfer to a new official duty station outside the allowance or differential recommended including in section 591 as follows: 591.201 (Definitions) the minimum area; or length of time required for employees PART 591ÐALLOWANCES AND (3) On the ending date of a detail, in on temporary assignment to receive a DIFFERENTIALS the case of an employee on detail to differential. The third commenter temporary duty in a differential area. recommended deleting the 25 percent Subpart BÐCost-of-Living Allowance * * * * * limitation on allowances plus post and Post DifferentialÐNonforeign [FR Doc. 97–31537 Filed 12–1–97; 8:45 am] differentials combined because there is Areas BILLING CODE 6325±01±P no equivalent limitation under the Department of State program, and the 1. The authority citation for subpart B purpose of OPM’s proposed change was of part 591 continues to read as follows: DEPARTMENT OF AGRICULTURE to parallel that program. Authority: 5 U.S.C. 5941; E.O. 10000, 3 OPM is not adopting the second CFR, 1943–1948 Comp., p. 792; E.O. 12510, Federal Crop Insurance Corporation commenter’s recommendation because 3 CFR, 1985 Comp., p. 338. the minimum period is not a term used 7 CFR Parts 401, 454, and 457 throughout the regulations, but rather a 2. In § 591.203, paragraphs (a)(1), criterion that is used only once in (a)(3), (a)(6), and (b) are revised to read General Crop Insurance Regulations, section 591.210(b). Therefore, it is not as follows: Various Endorsements; Fresh Market appropriate to include it in the Tomato (Guaranteed Production Plan) § 591.203 Agencies and employees Crop Insurance Regulations; and definitions section. OPM is not adopting covered. the third commenter’s recommendation Common Crop Insurance Regulations, because by law nonforeign area COLA (a) * * * Various Crop Insurance Provisions (1) General Schedule. and post differentials combined cannot AGENCY: Federal Crop Insurance exceed 25 percent. * * * * * Corporation, USDA. OPM notes that it published an (3) Foreign Service (including the ACTION: Interim rule. interim rule at 60 FR 25423 on May 9, Senior Foreign Service). 1997, in response to changes made by * * * * * SUMMARY: The Federal Crop Insurance the Federal Employee Travel Reform (6) Senior Executive Service Corporation (FCIC) amends the General Act of 1996. The Act affects the status (including the Federal Bureau of Crop Insurance Regulations; Canning of employees who are assigned to work Investigation—Drug Enforcement and Processing Tomato and Rice in another location for an extended Administration Senior Executive Endorsements; Fresh Market Tomato period. The interim regulations clarify Service). (Guaranteed Production Plan) Crop that the temporary duty station during Insurance Regulations; and the Common such an extended assignment must be * * * * * Crop Insurance Regulations, Cotton, treated as the official duty station of the (b) This subpart may be applied, at Coarse Grains (Corn, Grain Sorghum, employee for purposes of determining the sole discretion of the employing and Soybeans), Dry Bean, ELS Cotton, the employee’s location-based pay agency, to civilian employees in other Sugar Beet, and Sunflower Seed Crop entitlements. The interim regulations positions authorized by specific law Insurance Provisions, effective for the added a definition of ‘‘official duty applicable to such positions, consistent 1998 crop year only, for counties and station’’ to 5 CFR 591.201 for purposes with the intent of 5 U.S.C. 5941. states with a November 30 contract of paying allowances and differentials 3. In § 591.210, paragraph (f) is change date. FCIC is extending the and changed the term ‘‘permanent duty removed, paragraphs (b) through (e) are contract change date to December 17, station’’ to ‘‘official duty station’’ in 5 redesignated as (c) through (f), 1997. CFR 591.210(a) to make these terms respectively, and a new paragraph (b) is The intended effect of this rule is to consistent with those used in the added to read as follows: extend the contract change date, which 63632 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations is the date by which all contract changes Regulatory Flexibility Act unnecessary or duplicative regulations must be on file in the service office, in This regulation will not have a and improve those that remain in force. order to provide sufficient time for FCIC significant impact on a substantial Background to publish a final rule amending the number of small entities. The extended policy for insuring the above crops. contract change date included in this FCIC herewith amends the General DATES: This interim rule is effective rule will not impact small entities to a Crop Insurance Regulations; Canning November 26, 1997. greater extent than large entities. Under and Processing Tomato and Rice Submit comments on or before the current regulations, FCIC is required Endorsements; Fresh Market Tomato December 29, 1997. to have changes in policy provisions at (Guaranteed Production Plan) Crop ADDRESSES: Written comments on this the agent’s office by November 30. If Insurance Regulations; and the Common interim rule should be sent to the this date is not met, then the changes Crop Insurance Regulations, Cotton, Director, Product Development will not be applicable until the next Coarse Grains (Corn, Grain Sorghum, Division, Federal Crop Insurance crop year. This regulation merely and Soybeans), Dry Bean, ELS Cotton, Corporation, United States Department extends that date so that companies will Sugar Beet, and Sunflower Seed Crop of Agriculture, 9435 Holmes Road, have more time to get the program Insurance Provisions to extend the Kansas City, MO 64131. changes to the insured. The amount of contract change date to December 17, FOR FURTHER INFORMATION CONTACT: work required of the insurance 1997. This action is taken in order to Louise Narber, Insurance Management companies delivering and servicing provide sufficient time for FCIC to make Specialist, Research and Development, these policies will not increase timely filing on changes in policy Product Development Division, Federal significantly from the amount of work provisions. Crop Insurance Corporation, at the currently required. This rule does not Kansas City, MO address listed above, have any greater or lesser impact on the The contract change date, included in telephone (816) 926–7730. producer. Therefore, this action is the crop insurance policy, is the date by determined to be exempt from the which all contract changes must be on SUPPLEMENTARY INFORMATION: provisions of the Regulatory Flexibility file in the service office. Executive Order No. 12866 Act (5 U.S.C. 605), and no Regulatory Kenneth D. Ackerman, Manager, FCIC The Office of Management and Budget Flexibility Analysis was prepared. has determined that the extension of the (OMB) has determined this rule to be Federal Assistance Program contract change date is necessary to not significant for the purposes of provide sufficient time for FCIC to Executive Order No. 12866, and, This program is listed in the Catalog publish a final rule amending the above therefore, this rule has not been of Federal Domestic Assistance under crop insurance policies for the 1998 reviewed by OMB. No. 10.450. crop year. Paperwork Reduction Act of 1995 Executive Order No. 12372 It is further determined that such extension will not be detrimental to any Under the provisions of the This program is not subject to the Paperwork Reduction Act of 1995 (44 provisions of Executive Order No. program recipient, and that publication U.S.C. Chapter 35), there are no 12372, which require intergovernmental of the extended contract change date as information collection requirements consultation with state and local a proposed rule for notice and comment contained in this rule. officials. See the Notice related to 7 CFR is impracticable, unnecessary, and part 3015, subpart V, published at 48 FR contrary to the public interest. Unfunded Mandates Reform Act of 29115, June 24, 1983. Therefore, good cause is shown for 1995 making this rule effective upon filing for Executive Order No. 12988 Title II of the Unfunded Mandates public inspection at the Office of the Reform Act of 1995 (UMRA), Public This rule has been reviewed in Federal Register. Law 104–4, establishes requirements for accordance with Executive Order No. Lists of Subjects Federal agencies to assess the effects of 12988 on Civil Justice Reform. The their regulatory actions on state, local, provisions of this rule will not have a 7 CFR Part 401 and tribal governments and the private retroactive effect. The provisions of this sector. This rule contains no Federal rule will preempt state and local laws to Crop insurance, Canning and mandates (under the regulatory the extent such state and local laws are processing tomato, Rice. provisions of title II of the UMRA) for inconsistent herewith. The 7 CFR Part 454 state, local, and tribal governments or administrative appeal provisions the private sector. Thus, this rule is not published at 7 CFR part 11 must be Crop insurance, Fresh market tomato subject to the requirements of sections exhausted before any action against (guaranteed production plan). 202 and 205 of the UMRA. FCIC for judicial review may be brought. 7 CFR Part 457 Executive Order No. 12612 Environmental Evaluation Crop insurance, Cotton, Coarse grains It has been determined under section This action is not expected to have a (corn, grain sorghum, and soybeans), 6(a) of Executive Order No. 12612, significant impact on the quality of the Dry bean, ELS cotton, Sugar beet, Federalism, that this rule does not have human environment, health, and safety. sufficient federalism implications to Therefore, neither an Environmental Sunflower seed. warrant the preparation of a Federalism Assessment nor an Environmental Interim Rule Assessment. The provisions contained Impact Statement is needed. in this rule will not have a substantial Accordingly, for the reasons set forth National Performance Review direct effect on states or their political in the preamble, the Federal Crop subdivisions, or on the distribution of This regulatory action is being taken Insurance Corporation hereby amends 7 power and responsibilities among the as part of the National Performance CFR parts 401, 454 and 457, to read as various levels of government. Review Initiative to eliminate follows: Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63633

PART 401ÐGENERAL CROP will be conclusively presumed in the absence preceding the cancellation date for all other INSURANCE REGULATIONSÐ of notice from you to cancel the contract. counties. REGULATIONS FOR THE 1988 AND * * * * * * * * * * SUBSEQUENT CONTRACT YEARS 11. Section 457.113 is amended by PART 457ÐCOMMON CROP revising 4. Contract Changes to read as 1. The authority citation for 7 CFR INSURANCE REGULATIONS; follows: part 401 is revised to read as follows: REGULATIONS FOR THE 1994 AND § 457.113 Coarse grains crop insurance Authority: 7 U.S.C. 1506(l), 1506(p). SUBSEQUENT CONTRACT YEARS provisions. 2. Section 401.114 is amended by 6. The authority citation for 7 CFR * * * * * part 457 is revised to read as follows: revising 10. Contract Changes to read as 4. Contract Changes follows: Authority: 7 U.S.C. 1506(l), 1506(p). The contract change date is November 30 § 401.114 Canning and processing tomato 7. Section 457.104 is amended by (December 17 for the 1998 crop year only) endorsement. revising 4. Contract Changes to read as preceding the cancellation date (see the * * * * * follows: provisions of Section 4 (Contract Changes) of the Common Crop Insurance Policy). 10. Contract Changes § 457.104 Cotton crop insurance * * * * * The date by which contract changes will be provisions. 12. Section 457.150 is amended by available in your service office is November * * * * * revising 4. Contract Changes to read as 30 (December 17 for the 1998 crop year only) preceding the cancellation date for counties 4. Contract Changes follows: with a February 15 cancellation date and The contract change date is November 30 § 457.150 Dry bean crop insurance December 31 preceding the cancellation date (December 17 for the 1998 crop year only) provisions. for all other counties. preceding the cancellation date (see the * * * * * * * * * * provisions of Section 4 (Contract Changes) of the Common Crop Insurance Policy). 4. Contract Changes 3. Section 401.120 is amended by revising 9. Contract Changes to read as * * * * * In accordance with section 4 (Contract follows: 8. Section 457.105 is amended by Changes) of the Basic Provisions, the contract revising 4. Contract Changes to read as change date is November 30 (December 17 for § 401.120 Rice endorsement. follows: the 1998 crop year only) preceding the cancellation date. * * * * * § 457.105 Extra long staple cotton crop * * * * * 4 9. Contract Changes insurance provisions. Signed in Washington, D.C., on November The date by which contract changes will be * * * * * 26, 1997. available in your service office is December 4. Contract Changes Kenneth D. Ackerman, 31 preceding the cancellation date for counties with an April 15 cancellation date The contract change date is November 30 Manager, Federal Crop Insurance and November 30 (December 17 for the 1998 (December 17 for the 1998 crop year only) Corporation. crop year only) preceding the cancellation preceding the cancellation date (see the [FR Doc. 97–31544 Filed 11–26–97; 3:08 pm] date for all other counties. provisions of section 4 (Contract Changes) of BILLING CODE 3410±08±P the Common Crop Insurance Policy). * * * * * * * * * * PART 454ÐFRESH MARKET TOMATO 9. Section 457.108 is amended by DEPARTMENT OF AGRICULTURE (GUARANTEED PRODUCTION PLAN) revising 4. Contract Changes to read as CROP INSURANCE REGULATIONS follows: Federal Crop Insurance Corporation 4. The authority citation for 7 CFR § 457.108 Sunflower seed crop insurance 7 CFR Part 457 part 454 is revised to read as follows: provisions. * * * * * Common Crop Insurance Regulations, Authority: 7 U.S.C. 1506(l), 1506(p). Fresh Market Tomato (Dollar Plan) 4. Contract Changes 5. In § 454.7(d), the insurance policy Crop Insurance Provisions; Correction The contract change date is November 30 is amended by revising section 16. (December 17 for the 1998 crop year only) AGENCY: Federal Crop Insurance Contract Changes to read as follows: preceding the cancellation date (see the Corporation, USDA. provisions of Section 4 (Contract Changes) of § 454.7 Guaranteed Production Plan of ACTION: Final rule, correction. Fresh Market Tomato Crop Insurance the Basic Provisions). Policy. * * * * * SUMMARY: The document contains a * * * * * 10. Section 457.109 is amended by correction to the final rule that was revising 4. Contract Changes to read as published on Friday, March 28, 1997 16. Contract Changes follows: (62 FR 14775–14780). The rule pertains We may change any terms and provisions to the insurance of fresh market § 457.109 Sugar beet crop insurance of the contract from year to year. If your price tomatoes (dollar plan). election at which indemnities are computed provisions. EFFECTIVE DATE: is no longer offered, the actuarial table will * * * * * December 2, 1997. provide the price election which you are FOR FURTHER INFORMATION CONTACT: 4. Contract Changes deemed to have elected. All contract changes Linda Williams, Insurance Management will be available at your service office by In accordance with the provisions of Specialist, Research and Development November 30 (December 17 for the 1998 crop section 4 (Contract Changes) of the Basic year only) preceding the cancellation date for Provisions, the contract change date is April Division, Federal Crop Insurance counties with a February 15 cancellation 30 preceding the cancellation date for Corporation, United States Department date, and by December 31 preceding the counties with a July 15 or August 31 of Agriculture, 9435 Holmes Road, cancellation date for counties with an April cancellation date and November 30 Kansas City, MO 64131, telephone (816) 15 cancellation date. Acceptance of changes (December 17 for the 1998 crop year only) 926–7730. 63634 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

SUPPLEMENTARY INFORMATION: the drug for radiation safety is not mostly form letters) and 2 letters Background necessary. This amendment makes the opposed the petition. drug more widely available and reduces II. Proposed Rule, Public Comments, The final rule that is the subject of costs to patients, insurers, and the and NRC Responses this correction was intended to provide health care industry. This action grants policy changes to better meet the needs a petition for rulemaking (PRM–35–12) A proposed rule was published on of the insured, include the current fresh from Tri-Med Specialties, Inc. and June 16, 1997 (62 FR 32552) that would market tomato (dollar plan) completes action on the petition. permit NRC licensees to distribute endorsement under the Common Crop capsules containing one microcurie EFFECTIVE DATE: Insurance Policy for ease of use and January 2, 1998. C–14 urea to any person for ‘‘in vivo’’ consistency of terms, and to restrict the ADDRESS: Copies of the public record, diagnostic use. The public comment effect of the current fresh market tomato including the final regulatory analysis period closed on July 16, 1997. (dollar plan) endorsement to the 1997 and any public comments received on In the preamble of the proposed rule, and prior crop years. the proposed rule, may be examined the NRC stated that, because the and copied for a fee in the capsules present an insignificant Need for Correction Commission’s Public Document Room radiological risk to the public and the As published, the final regulation at 2120 L Street, NW. (Lower Level), environment, the NRC believes the contained a technical error which may Washington, DC. capsules could be distributed for ‘‘in vivo’’ diagnostic use to persons exempt prove to be misleading and is in need FOR FURTHER INFORMATION CONTACT: Dr. of clarification. from licensing. Anthony N. Tse, Office of Nuclear This change makes the drug more Correction of Publication Regulatory Research, U.S. Nuclear widely available and reduces costs to Regulatory Commission, Washington, Accordingly, the publication on patients, insurers, and the health care DC 20555–0001, telephone (301) 415– March 28, 1997, of the final regulation industry. 6233 or e-mail at [email protected]. at 62 FR 14775–14780 is corrected as The NRC received seven public follows: SUPPLEMENTARY INFORMATION: comment letters on the proposed rule: three from industry, three from State PART 457Ð[CORRECTED] I. The Petition for Rulemaking. agencies, and one from a physician II. Proposed Rule, Public Comments, and associated with a university medical § 457.139 [Corrected] NRC Responses. III. Summary of the Final Amendments. facility. Four commenters supported the On page 14780, in the first column, in IV. Description of the Final Amendments. rule, one opposed the rule, and two § 457.139, the paragraph following V. Agreement State Compatibility. provided comments but did not section 14(b)(4)(ii)(B) is corrected to VI. Finding of No Significant Environmental explicitly state whether they supported read: Impact: Availability. or opposed the rule. Public comments ‘‘(5) Multiplying the result of section VII. Paperwork Reduction Act Statement. and NRC’s responses are presented 14(b)(4) by your share.’’ VIII. Regulatory Analysis. below. IX. Regulatory Flexibility Certification. Signed in Washington D.C. on November Comment 1: Under the proposed X. Small Business Regulatory Enforcement 25, 1997. distribution, the NRC should not be Fairness Act. Kenneth D. Ackerman, XI. Backfit Analysis. forbidding research use of this drug by Manager, Federal Crop Insurance the same physicians who may use it Corporation. List of Subjects clinically. Research use also should be [FR Doc. 97–31545 Filed 12–1–97; 8:45 am] I. The Petition for Rulemaking permitted under this exemption because BILLING CODE 3410±08±P the radiological risk for using C–14 On October 6, 1994, the Commission capsules is insignificant. docketed a petition for rulemaking Response: The NRC did not change (Docket No. PRM–35–12) from Tri-Med the final rule in response to this NUCLEAR REGULATORY Specialties, Inc (Tri-Med). In a letter COMMISSION comment. A common rule entitled dated August 23, 1994, Tri-Med ‘‘Federal Policy for the Protection of 10 CFR Parts 30 and 32 petitioned the NRC to amend its Human Subjects; Notices and Rules’’ regulations ‘‘to allow for the general was promulgated by 16 Federal agencies RIN 3150±AF70 licensing and/or exemption for the on June 18, 1991 (56 FR 28002) and was commercial distribution by licensed intended to ensure the protection of Exempt Distribution of a Radioactive pharmaceutical manufacturers of a human research subjects. This rule was Drug Containing One Microcurie of capsule containing one micro-Curie adopted to implement a Carbon-14 Urea (µCi) of C–14-urea for in vivo diagnostic recommendation of the President’s AGENCY: Nuclear Regulatory testing.’’ The purpose of this diagnostic Commission for the Study of Ethical Commission. test is to detect the presence of the Problems in Medicine and Biomedical bacterium Helicobacter pylori (H. ACTION: Final rule. and Behavioral Research which was pylori), a cause of peptic ulcers in established on November 9, 1978, by SUMMARY: The Nuclear Regulatory humans. Public Law 95–622. The Federal Policy Commission (NRC) is amending its Following the receipt of the petition, requires that Federal agencies that regulations to permit NRC licensees to the NRC published for public comment conduct, fund, support, or regulate distribute a radioactive drug containing a notice of receipt of petition for research involving human subjects one microcurie of carbon-14 urea to any rulemaking in the Federal Register on ensure adequate protection of the rights person for ‘‘in vivo’’ diagnostic use. The December 2, 1994 (59 FR 61831). The of the human subjects. The Federal NRC has determined that the radioactive comment period closed on February 15, policy represents a societal component of such a drug in capsule 1995. The NRC received 315 public determination that any research form presents an insignificant radiation comment letters, of which 313 (including research involving risk and, therefore, regulatory control of supported the petition (they were radioactive material) must provide for Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63635 the following minimal protections for of Tc–99m and I–131, the NRC did not that the NRC take action to expedite the the human subjects: (1) that the research evaluate the dose to the patient because Agreement State regulatory changes. is approved by an Institutional Review this dose would be justified for medical Response: The NRC has urged the Board (IRB) and (2) that the human reasons. Justification for retaining some Agreement States to adopt compatible subject gives informed consent to licensing control on the medical use of changes in their regulations participate in the research. Further, Tc–99m and I–131 while exempting the expeditiously. However, under NRC’s these protections must be provided one microcurie carbon-14 urea capsules Adequacy and Compatibility Policy, regardless of whether or not there is any relies on the relative occupational Agreement States have up to three years risk of consequences (including hazards to technicians and physicians to change their regulations for radiological consequences). This view is administering the radiopharmaceuticals. amendments or program requirements supported by the fact that during the Administering an encapsulated that are items of compatibility. public comment period of the common dosage of one microcurie C–14 involves Comment 6: The NRC should address rule, a commenter suggested that all virtually no occupational dose due to this rule in its ongoing effort to revise minimal risk research be exempt from the low energy beta radiation and 10 CFR Part 35 in its entirety. The the regulations; however, the final rule minimal possibility for contamination of commenter believes that (1) this rule did not adopt this comment. personnel or facilities. On the other represents a piecemeal effort to respond NRC did not participate in the hand dosages of Tc–99m and I–131 to a narrow issue and (2) the issue of promulgation of the common rule. entail extracting 10s to 100s of reduced regulation for medical use of C– Subsequently, the NRC adopted 10 CFR millicurie amounts, often in liquid form, 14 capsules is applicable to the same 35.6 that requires a licensee who from shielded sources of even higher extent for virtually the entire range of conducts research involving human activity. The possibility of direct diagnostic radioisotopes. subjects using byproduct material to exposure to gamma radiation and the Response: If this rule is combined obtain informed consent from the possibility of contamination requires with the overall 10 CFR part 35 revision, human subjects and obtain prior that radiation protection measures be in the C–14 capsules would only be approval by an IRB. Although the NRC place to maintain exposure to staff as available to authorized user physicians did not adopt the common rule, the low as is reasonably achievable. during the revision period. Thus, the intention is to follow the essential Tc–99m and I–131, having relatively NRC decided to proceed with this rule requirements of the common rule. short half-lives, present minimal now because the benefits of making this Because the common rule does not environmental hazard. C–14 as urea is capsule available to anyone, including provide an exemption for research excreted from the patient as carbon primary-care physicians, outweigh the involving minimal risk, the Commission dioxide (CO2) which diffuses into the benefits of addressing this issue in the has determined that such research use atmosphere. Based on a calculation overall revision of 10 CFR part 35. should not be exempt from 10 CFR 35.6. found in the regulatory analysis for this Comment 7: An appropriate function Comment 2: Two commenters rule, the current world inventory of of the regulatory regime is to assure that expressed concerns that the proposed naturally occurring C–14 results in an personnel handling and administering rule language, ‘‘not exceeding one average dose to members of the public radioactive drugs meet certain basic microcurie,’’ appeared to indicate that of about 1.25 mrem/yr. A release of 0.6 training and qualification requirements. the upper limit of the radioactivity in a curies of C–14 from the 600,000 tests The proposed exemption would impose capsule is exactly one microcurie of expected to be administered annually, no training or qualification C–14. Both stated that it is not possible would result in an additional average requirements on users. to make the capsules to exactly one annual dose of 2×10¥7 mrem. Response: The amount of radiation microcurie because of statistical Comparing this estimate to the EPA safety training needed for personnel deviations during the manufacturing Clean Air Act reporting level of 1 mrem/ depends on the level of radiation risk process. year, this new test is environmentally associated with the radioactive drug. Response: The NRC agrees with the insignificant. Because C–14 capsules present commenters. The proposed rule did not Comment 4: Because of the small insignificant radiation risk, radiation intend to limit the radioactivity of C–14 quantity of radioactive material in C–14 safety training for personnel handling to exactly one microcurie. The final rule capsules, this product may be disposed and administering the capsule is not language has been modified to read of in the general trash. To avoid necessary, and thus, not required. ‘‘capsules containing one microcurie unnecessary concern for health risks in Comment 8: If the NRC promulgates C–14 urea (allowing for nominal the disposal of the product, labels the proposed rule in its present form, variation that may occur during the should contain a statement that the the exemption will divest the manufacturing process).’’ product may be disposed of in the Agreement States of any authority to Comment 3: One commenter stated general trash. regulate this product under a general or that, when the total amount of energy Response: In the final rule, the label specific license. Had the NRC instead released from complete decay of a requirements include a statement that simply proposed a general license, radionuclide is considered, one the product may be disposed of in Agreement State agencies would retain microcurie of C–14 has the largest ordinary trash. the authority to adopt the general energy release, because of its long half- Comment 5: The Commenter agrees license or continue to require specific life, when compared to one microcurie that the widespread use of this product licensing. of Tc–99m or I–131. The commenter will require uniform regulations and Response: In the draft rulemaking concluded that, given the insignificant that Agreement States will need to make plan, the NRC suggested using the radiation risk from the diagnostic use of appropriate regulatory provisions to general license approach. The NRC C–14 urea, the radiation risk from the enable persons to receive the drug for received nine comment letters from diagnostic use of Tc–99m or I–131 also ‘‘in vivo’’ diagnostic use. To avoid Agreement States on the draft would be insignificant. confusing licensees and users, these rulemaking plan; three suggested that an Response: In comparing the hazard changes to NRC and Agreement State exemption approach would be more significance of the one microcurie C–14 regulations should be made appropriate because it would be less Urea diagnostic test to the extensive use simultaneously. The commenter urges costly to the Agreement States and their 63636 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations licensees than the general license capsules manufactured or prepared as a the release of 0.6 curies of C–14 from approach. radioactive drug can be distributed to the total of 600,000 tests assumed to be Based on these comments, the NRC persons exempt from licensing for ‘‘in administered annually would result in chose the exemption approach in the vivo’’ diagnostic use because the an additional average annual dose of final rule plan as more cost-effective capsules present an insignificant 2 × 10¥7 mrem. In the event that a recall than a general license approach. The radiological risk to the public and the is necessary, the manufacturer may use final rulemaking plan was revised environment. This exemption only the same process for recalling any other accordingly and was provided to the applies to the diagnostic use of capsules non-radioactive drugs. If C–14 urea Agreement States. No Agreement States containing one microcurie C–14 capsules are returned to the expressed opposition to the NRC on the manufactured or prepared as a manufacturers, they will be disposed of exemption approach. radioactive drug to make a clear in accordance with the manufacturer’s Among the seven public comment distinction between this radioactive possession license. A user, however, can letters received on the proposed rule, drug that is intended for ingestion by dispose the C–14 urea capsules as two were from Agreement States and humans and other uses of C–14 urea and ordinary trash. Medical users of the C– one from a non Agreement State. All byproduct material distributed under 14 urea test would be unlikely to three supported the proposed rule. §§ 30.14 and 30.18. acquire significant quantities of Comment 9: The environmental Comment 11: The ACMUI’s (Advisory capsules because they can be ordered assessment fails to consider the fact that Committee on Medical Uses of within a few days. Thus, even under a another equally noninvasive, but Radioisotopes) conclusions that either recall, the impact of disposing of C–14 nonradiological, diagnostic procedure an exemption or general license is urea capsules into landfills by the user (such as C–13 test) is available and appropriate for the C–14 product do not would also be insignificant. provides a comparable alternative to the address the fundamental aspects of Comment 13: It is essential that end C–14 test. The apparent assumption nuclear safety. Its judgment was based users be adequately informed of the underlying the environmental partially on the assumptions: (1) the product’s radioactive characteristics, so assessment is that in the absence of the product may only be dispensed by that some form of storage, use, and C–14 test, the only alternative for the prescription, (2) the product is approved disposal precautions can be followed. detection of H. pylori is invasive by the Food and Drug Administration, Thus, the labeling must be gastroendoscopy. and (3) the office/facility using the conspicuously and prominently placed. Response: Because the C–14 urea product will be subject to Clinical The commenter suggested the following: capsules are already available to Laboratory Improvement Amendment (1) the phrase ‘‘conspicuously and authorized user physicians, the only (CLIA) regulation. prominently’’ in front of the proposed regulatory issue in this rulemaking is Response: The transcript from the labeling ‘‘bears the words Radioactive whether the C–14 method should be ACMUI meeting shows the Committee Material’’ should be added, and (2) the made available to individuals who are did include radiation safety in its NRC should require that the radioactive not authorized users. The purpose of the considerations and did not consider it to material legend, ‘‘Radioactive Material,’’ environmental assessment is to consider be an issue. Further, as stated in the be included on promotional brochures. and document whether the subject rule supplemental material supporting the Response: Because the radiation risk is expected to have any significant proposed rule, there are no nuclear from C–14 capsules is insignificant, impact to the environment. In this safety issues associated with the use of regulatory control of the use, storage, environment assessment, the NRC has the C–14 capsules for clinical diagnostic and disposal of the drug for purpose of determined that the environmental testing. Therefore, use of either an radiation safety is not necessary. In fact, impact is expected to be insignificant exemption or general license is the label accompanying C–14 capsules because of the extremely low appropriate. is required to indicate that the capsules radiological hazards associated with the Comment 12: The exemption may be disposed of by users as ordinary use of capsules containing one approach does not provide the NRC trash. Paragraph(a)(6) of § 32.21 requires microcurie C–14 urea. The presence of with flexibility to impose a limitation that applicants submit copies of an additional non-invasive alternative on the amount of C–14 capsules any prototype labels and brochures for NRC procedure does not affect NRC’s physician can possess in an office. In approval. The NRC will ensure that the determination of no significant the event there is a recall of the product, labels meet the requirements of § 32.21a environmental impact. or a large amount of product becomes Comment 10: NRC’s policy in the past unusable, the NRC will have no control before they are approved. Since has been not to exempt byproduct over the disposal of the product. paragraph (a) of § 32.21a specifies that material that is ingested. Any change in Response: It is not necessary to the label must be durable and legible, this policy would be a significant impose a possession limit on the the use of an additional phrase such as departure from existing NRC amount of C–14 capsules because the ‘‘conspicuously and prominently’’ is regulations. radiation risk is insignificant. The unnecessary. Promotional brochures are Response: This change is a departure earth’s atmosphere contains an for information only; manufacturers are from existing NRC regulations. In the inventory of naturally occurring C–14 of not required to indicate on the statement of consideration for the about 3.8 million curies which is in promotional brochures that C–14 is a proposed rule, under the heading addition to the huge inventory of about radioactive material. ‘‘Current NRC Regulations on 240 million curies in the world’s III. Summary of the Final Amendments Exemptions From Licensing,’’ the NRC oceans. The small amount of C–14 stated that, although two broad material released into the atmosphere from the Final Amendment to 10 CFR Part 32 exemptions (§ 30.14, ‘‘Exempt use of this test would mix with the The regulations in 10 CFR part 32 are concentrations,’’ and § 30.18, ‘‘Exempt global inventory and would have no amended to add new §§ 32.21 and quantities’’) exclude the transfer of impact on public health. The current 32.21a, to provide requirements for a byproduct material contained in any world inventory of naturally occurring specific license to manufacture, prepare, product designed for ingestion or C–14 results in an average dose to the process, produce, package, repackage, or inhalation by a human being, the C–14 public of about 1.25 mrem per year, and transfer for commercial distribution, Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63637 capsules containing one microcurie of authorized in § 30.21 to differentiate it capsules to persons who are exempt C–14 urea, as a radioactive drug, to be from the term ‘‘medical use’’ because: from licensing. distributed to any person for ‘‘in vivo’’ (1) ‘‘Medical use’’ limits Section 32.21 Radioactive Drug: diagnostic use. These requirements are administration to authorized users; use Manufacture, Preparation, or Transfer consistent with the existing of this drug would not be so limited; for Commercial Distribution of Capsules requirements on other items under the and Containing one Microcurie Carbon-14 heading ‘‘Exemptions’’ in 10 CFR part (2) ‘‘Medical use’’ includes the Urea Each for ‘‘in Vivo’’ Diagnostic use 30. The amendment includes a reminder administration of the drug to a human for Humans to Persons Exempt From that licensees distributing the research subject, which would continue Licensing; Requirements for a License radioactive drug to persons exempt from to require a specific license pursuant to licensing would not be relieved from part 35 under this rulemaking. Paragraph (a) other applicable Federal (e.g., FDA) or Effects of the Final Amendments This paragraph establishes the State requirements governing the requirements for approval of a license manufacture and distribution of drugs. The final amendments make the drug available to any person, for ‘‘in vivo’’ application to manufacture, prepare, The amendment requires that the diagnostic use, without need for an NRC process, produce, package, repackage, or manufacture or preparation of capsules or Agreement State license. Because the transfer for commercial distribution, containing one microcurie of C–14 urea receipt and use of the drug are exempt capsules containing one microcurie be prepared by persons who meet the from NRC licensing, Agreement States carbon-14 urea each for ‘‘in vivo’’ current NRC regulations to manufacture need to make appropriate provisions in diagnostic use, to persons exempt from and commercially distribute radioactive their regulations to recognize the licensing. drugs. The NRC believes regulatory exempt distribution of the drug, for ‘‘in control is needed to provide high Paragraph (a)(1) vivo’’ diagnostic use. Thus after the confidence that the drug contains one This paragraph limits issuance of an manufacture and distribution of the microcurie of C–14 urea and does not ‘‘exempt distribution license’’ for drug, the NRC and the Agreement States contain any other radioactive distribution of the capsules to persons will not regulate the use of the drug as contaminants. exempt from licensing to only those long as its use is for ‘‘in vivo’’ diagnostic who possess either a NRC or Agreement Final Amendment to 10 CFR Part 30 use. This means that, under NRC and State ‘‘specific license’’ for possession Agreement State regulations, primary- The NRC has determined that the and use of byproduct material. care physicians do not need to be drug in capsule form presents an ‘‘authorized users’’ in order to Paragraph (a)(2) insignificant radiological safety and administer the drug, and do not need to environmental risk, and that it is not To assure that the capsules contain refer their patients to nuclear medicine necessary to regulate the use of this drug one microcurie of carbon-14 and present physicians. This should result in cost for its radioactive component. no other radiological risks, this savings to patients. Other Federal and Therefore, the NRC can not justify paragraph requires that the persons State organizations with responsibilities requiring physicians, or any other manufacturing and/or commercially for regulating drugs will determine and person, to meet NRC training and distributing the capsules for ‘‘in vivo’’ regulate who can receive and use the experience criteria directed at the safe diagnostic use must also meet the drug for ‘‘in vivo’’ diagnostic use. NRC use of radioactive drugs, or to become requirements of § 32.72(a)(2). will continue to regulate the use of the an ‘‘authorized user.’’ Hence, the Specifically, these persons must be: drug for research involving human capsules can be distributed to any (1) Registered with or licensed by the subjects under a specific part 35 license. person. However, other Federal or State FDA as a drug manufacturer; or agencies may limit the receipt and use IV. Description of the Final (2) Registered with or licensed by a of the capsules in accordance with their Amendments state agency as a drug manufacturer; or own requirements. (3) Licensed as a pharmacy by a State The final amendments are the same as Board of Pharmacy; or The regulations in 10 CFR part 30 are the proposed amendments except for (4) Operating as a nuclear pharmacy amended to add a new § 30.21, to permit two minor changes. Public comments within a Federal medical institution. any person to receive, possess, use, suggested that the phrase ‘‘carbon-14 transfer, own, or acquire for ‘‘in vivo’’ urea capsules not exceeding one Paragraph (a)(3) diagnostic use, capsules containing one microcurie’’ used in the proposed rule This paragraph requires applicants to microcurie of C–14 urea without a may be interpreted as an exact limit of provide evidence that each carbon-14 license. The final regulation includes a one microcurie per capsule (See urea capsule contains one microcurie. reminder that persons receiving the Comment 2 under the heading ‘‘Public The NRC’s evaluation that the capsules capsules would not be relieved from Comment and NRC Responses). The would result in insignificant radiation other Federal or State law governing final rule has been modified and the risks was based on the capsules drugs. Further, in accordance with the phrase ‘‘capsules containing one containing one microcurie of carbon-14 NRC’s provisions for research involving microcurie carbon-14 urea (allowing for urea. Therefore, applicants must human subjects (10 CFR 35.6), the nominal variation that may occur during demonstrate that the activity of each exemption permitting receipt and use of the manufacturing process)’’ is used. carbon-14 capsule contains one the capsules for ‘‘in vivo’’ diagnostic use Another public comment suggested that microcurie, allowing for nominal does not extend to use of the capsules labels should contain a statement that variation that may occur during the for research involving human subjects. the product may be disposed of in the manufacturing process. Any person desiring to use the capsules general trash. In the final rule, the label Paragraph (a)(4) for human research would still be requirements include such a statement. required to submit an application for a This paragraph prohibits carbon-14 specific license under part 35. The Manufacturer and Distributors urea from being contained in any food, phrase ‘‘in vivo diagnostic use’’ was A new section is added to 10 CFR Part beverage, cosmetic, drug or other selected to describe the activity 32 to permit the distribution of the commodity designed for ingestion or 63638 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations inhalation by, or topical application to, (1) Identifies the radioisotope, the include ‘‘transfer for commercial a human being except for the capsules physical and chemical form of the distribution,’’ which is covered in as described in this section, because radioisotope, the quantity of paragraph (c) of this section. exempt distribution of this drug has radioactivity contained in each Paragraph (b) only been evaluated for ‘‘in vivo’’ container at a specific date; and diagnostic use in the form of a capsule (2) Bears the words ‘‘Radioactive This paragraph establishes that containing one microcurie of carbon-14 Material.’’ persons who desire to use the drug for urea. There is no prohibition against the The date requirement is consistent research involving human subjects must capsule being combined with food or with labeling requirements for other apply for and receive a specific part 35 beverage at the time of administration so radioactive drugs with a half life of license. Such a license would ensure the that the capsule can be ingested by the greater than 100 days. protection of the rights of the human patient. subjects by requiring that the research Paragraph (b) be approved by an IRB and that the Paragraph (a)(5) This paragraph establishes that, human subjects give their informed Because the exempt distribution of consistent with the intended use of the consent to participate in the research. this drug has only been evaluated for capsules, the label affixed to the Paragraph (c) ‘‘in vivo’’ diagnostic use in the form of immediate container, or an a capsule containing one microcurie of accompanying brochure, must: This paragraph specifies that a carbon-14 urea, this paragraph prohibits (1) State that the contents are exempt specific license is needed to incorporation of the capsules into any from NRC or Agreement State licensing manufacture, prepare, process, produce, manufactured or assembled commodity, requirements; package, repackage or transfer such product, or device intended for (2) Bear the words ‘‘Radioactive capsules for commercial distribution. commercial distribution. Further, Material. For ‘‘In Vivo’’ Diagnostic Use Paragraph (d) although the drug is being distributed to Only. This Material Is Not To Be Used This paragraph declares that the persons exempt from licensing, this for Research Involving Human Subjects, regulations do not relieve end users paragraph requires the carbon-14 urea to and Must Not Be Introduced into Foods, from complying with applicable FDA, be identified as radioactive because the Beverages, Cosmetics, or Other Drugs or other Federal, or State requirements drug is being used for its radioactive Medicinals, or into Products governing the receipt, administration, content; therefore, the end user must be Manufactured for Commercial and use of drugs. provided with information that the drug Distribution. This Product May Be contains a radioactive material. Disposed of in Ordinary Trash.’’ V. Agreement State Compatibility The intent of the requirement set out Under the Atomic Energy Act, certain Paragraph (a)(6) in Paragraph (b)(2) is to make clear that regulatory functions are reserved to the the capsule must remain in the form of As with any product approved for NRC. Among these are the distribution a capsule and is not to be combined distribution to persons exempt from of products to persons exempt from with one of the listed items such as food licensing, this paragraph requires licensing, as discussed in 10 CFR part or beverages which would result in a persons who apply for a license to 150. Hence, amendments related to the radioactive product other than in the manufacture or commercially distribute manufacture and commercial form of a capsule for commercial these capsules to submit copies of distribution of the capsules (10 CFR part distribution. There is no prohibition prototype labels or brochures for NRC 32) is a Division 4 item of compatibility against the capsule being combined approval. This will allow the NRC to (Category NRC under the new adequacy with food or beverage at the time of confirm that the labels or brochures and compatibility policy). However, administration so that the capsule can meet the requirements of § 32.21a (a) amendments related to possession and be ingested by the patient. This label and (b). use (10 CFR part 30) are a Division 1 also informs the user that this product item of compatibility (Category B under Paragraph (b) may be disposed of in ordinary trash. the new adequacy and compatibility This paragraph declares that the ‘‘In Vivo’’ Diagnostic use by Persons policy) because of the need for regulations do not relieve licensees or Exempt From Licensing nationwide consistency in the use of applicants from complying with products which are widely distributed. applicable FDA, other Federal, and State A new section is added to 10 CFR Part 30 to exempt any person from NRC or Therefore, the Agreement States will requirements governing the manufacture need to make appropriate provisions in and distribution of drugs. the Agreement State regulations to receive the drug for ‘‘in vivo’’ diagnostic their regulations to allow any person to Section 32.21a Same: Conditions of use for humans. receive capsules containing one License microcurie of carbon-14 urea for ‘‘in Section 30.21 Radioactive Drug: vivo’’ diagnostic use in humans without This section establishes the Capsules Containing one Microcurie of need for a license. conditions required for a licensee to Carbon-14 Urea for ‘‘in Vivo’’ Diagnostic commercially distribute the capsules to use for Humans VI. Finding of No Significant persons exempt from licensing. Environmental Impact: Availability Paragraph (a) The Commission has determined Paragraph (a) This paragraph provides an under the National Environmental To inform the end user of the identity exemption to any person from the Policy Act of 1969, as amended, and the of the radioisotope, the physical and requirements for a license to receive, Commission’s regulations in Subpart A chemical form, and the dosage of possess, use, transfer, own, or acquire of 10 CFR part 51, that the final rule is radioactivity, this paragraph establishes capsules containing one microcurie of not a major Federal action significantly that the immediate container of each carbon-14 urea for ‘‘in vivo’’ diagnostic affecting the quality of the human capsule or capsules must bear a durable, purposes. It should be noted that the environment; therefore, an legible label that: ‘‘transfer’’ in this paragraph does not environmental impact statement is not Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63639 required. The final rule establishes Regulatory Affairs, NEOB–10202, backfit analysis is not required because requirements for the manufacture and (3150–0001, 3150–0017, and 3150– these amendments do not involve any commercial distribution of carbon-14 0120), Office of Management and provisions that would impose backfits urea capsules to persons exempt from Budget, Washington, DC 20503. as defined in 10 CFR 50.109(a)(1). licensing and establishes regulations to permit any person to receive the Public Protection Notification XII. List of Subjects capsules without an NRC license. The The NRC may not conduct or sponsor, 10 CFR Part 30 Commission believes that the and a person is not required to respond radioactive component of this drug to, a collection of information unless it Byproduct material, Criminal presents an insignificant radiation risk displays a currently valid OMB control penalties, Government contracts, and, therefore, regulatory control of the number. Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, ‘‘in vivo’’ diagnostic use of the capsules VIII. Regulatory Analysis for radiation safety is not necessary. It Reporting and record keeping is expected that this final rule will not The NRC has prepared a regulatory requirements. cause any significant increase in analysis for the final rule. The analysis radiation exposure to the public or examines the benefits and impacts 10 CFR Part 32 radiation release to the environment considered by the NRC. No public comments on the draft regulatory Byproduct material, Criminal beyond the exposures or releases penalties, Labeling, Nuclear materials, resulting from the use of the carbon-14 analysis have been received during the public comment period. The regulatory Radiation protection, Reporting and capsules under the current regulations. recordkeeping requirements. Also, it is expected that there will be no analysis is available for inspection at the non-radiological impacts. One public NRC Public Document Room, 2120 L For the reasons set out in the comment on the draft environmental Street NW. (Lower Level), Washington, preamble and under the authority of the assessment has been received (See DC. Single copies of the regulatory Atomic Energy Act of 1954, as amended, Comment 9 under the heading analysis are available from Dr. Anthony the Energy Reorganization Act of 1974, ‘‘Proposed Rule, Public Comments, and N. Tse, Office of Nuclear Regulatory as amended, and 5 U.S.C. 552 and 553, NRC Responses’’). Research, U.S. Nuclear Regulatory the NRC is adopting the following The environmental assessment and Commission, Washington, DC 20555– amendments to 10 CFR Parts 30 and 32. finding of no significant impact on 0001, telephone (301) 415–6233 or e- which this determination is based is mail at [email protected]. PART 30ÐRULES OF GENERAL available for inspection at the NRC APPLICABILITY TO DOMESTIC IX. Regulatory Flexibility Certification Public Document Room, 2120 L Street LICENSING OF BYPRODUCT NW. (Lower Level), Washington, DC. As required by the Regulatory MATERIAL Single copies of the environmental Flexibility Act of 1980, 5 U.S.C. 605(b), assessment and the finding of no the Commission certifies that this rule 1. The authority citation for part 30 significant impact are available from Dr. does not have a significant economic continues to read as follows: Anthony N. Tse, Office of Nuclear impact upon a substantial number of Authority: Secs. 81, 82, 161, 182, 183, 186, Regulatory Research, U.S. Nuclear small entities. The final rule permits 68 Stat. 935, 948, 953, 954, 955, as amended, Regulatory Commission, Washington, physicians and other health care sec. 234, 83 Stat. 444, as amended (42 U.S.C. DC 20555–0001, telephone (301) 415– providers to use an additional 2111, 2112, 2201, 2232, 2233, 2236, 2282); 6233 or e-mail at [email protected]. diagnostic test without having to obtain secs. 201, as amended, 202, 206, 88 Stat. an NRC license, thus, would provide 1242, as amended, 1244, 1246 (42 U.S.C. VII. Paperwork Reduction Act cost savings to patients, insurers, and 5841, 5842, 5846). Statement the health care industry. The final rule Section 30.7 also issued under Pub. L. This final rule amends information does not impose any additional 95–601, sec.10, 92 Stat. 2951 as collection requirements that are subject obligations on entities that may fall to the Paperwork Reduction Act of 1995 amended by Pub. L. 102–486, sec. 2902, within the definition of ‘‘small entities’’ 106 Stat. 3123, (42 U.S.C. 5851). Section (44 U.S.C. 3501 et seq.). These as set forth in Section 601(3) of the requirements were approved by the 30.34(b) also issued under sec. 184, 68 Regulatory Flexibility Act; or within the Stat. 954, as amended (42 U.S.C. 2234). Office of Management and Budget, definition of ‘‘small business’’ as found approval numbers 3150–0001, 3150– Section 30.61 also issued under sec. in Section 3 of the Small Business Act, 187, 68 Stat. 955 (42 U.S.C. 2237). 0017, and 3150–0120. 15 U.S.C. 632; or within the size The public reporting burden for this standards adopted by the NRC on April 2. In § 30.8, paragraph (b) is revised to collection of information is estimated to 11, 1995 (60 FR 18344). read as follows: average 16 hours per response, including the time for reviewing X. Small Business Regulatory § 30.8 Information collection instructions, searching existing data Enforcement Fairness Act requirements: OMB approval. sources, gathering and maintaining the In accordance with the Small * * * * * data needed, and completing and Business Regulatory Enforcement (b) The approved information reviewing the collection of information. Fairness Act of 1996, the NRC has collection requirements contained in Send comments on any aspect of this determined that this action is not ‘‘a this part appear in §§ 30.9, 30.11, 30.15, collection of information, including major’’ rule and has verified this 30.18, 30.19, 30.20, 30.21, 30.32, 30.34, suggestions for reducing the burden, to determination with the Office of 30.35, 30.36, 30.37, 30.38, 30.41, 30.50, the Information and Records Information and Regulatory Affairs, 30.51, 30.55, appendices A and C to this Management Branch (T–6 F33), U.S. Office of Management and Budget. part. Nuclear Regulatory Commission, Washington, DC 20555–0001, or by XI. Backfit Analysis * * * * * Internet electronic mail at The NRC has determined that the 3. A new § 30.21 is added under the [email protected]; and to the Desk backfit rule, 10 CFR 50.109, does not undesignated center heading Officer, Office of Information and apply to this rule, and therefore, a ‘‘Exemptions’’ to read as follows: 63640 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

§ 30.21 Radioactive drug: Capsules § 32.21 Radioactive drug: Manufacture, quantity of radioactivity of each capsule containing carbon-14 urea for ``in vivo'' preparation, or transfer for commercial at a specific date; and diagnostic use for humans. distribution of capsules containing carbon- 14 urea each for ``in vivo'' diagnostic use (2) Bears the words ‘‘Radioactive (a) Except as provided in paragraphs for humans to persons exempt from Material.’’ (b) and (c) of this section, any person is licensing; Requirements for a license. (b) In addition to the labeling exempt from the requirements for a (a) An application for a specific information required by paragraph (a) of license set forth in Section 81 of the Act license to manufacture, prepare, this section, the label affixed to the and from the regulations in this part and process, produce, package, repackage, or immediate container, or an part 35 of this chapter provided that transfer for commercial distribution accompanying brochure also must: such person receives, possesses, uses, capsules containing 37 kBq (1µ Ci) (1) State that the contents are exempt transfers, owns, or acquires capsules carbon-14 urea (allowing for nominal from NRC or Agreement State licensing containing 37 kBq (1µ Ci) carbon-14 variation that may occur during the requirements; and urea (allowing for nominal variation manufacturing process) each for ‘‘in (2) Bear the words ‘‘Radioactive that may occur during the vivo’’ diagnostic use, to persons exempt Material. For ‘‘In Vivo’’ Diagnostic Use manufacturing process) each, for ‘‘in from licensing under § 30.21 of this Only. This Material Is Not To Be Used vivo’’ diagnostic use for humans. chapter or the equivalent regulations of for Research Involving Human Subjects an Agreement State will be approved if: (b) Any person who desires to use the and Must Not Be Introduced into Foods, (1) The applicant satisfies the general Beverages, Cosmetics, or Other Drugs or capsules for research involving human requirements specified in § 30.33 of this subjects shall apply for and receive a Medicinals, or into Products chapter, provided that the requirements Manufactured for Commercial specific license pursuant to part 35 of of § 30.33(a)(2) and (3) of this chapter do this chapter. Distribution. This Material May Be not apply to an application for a license Disposed of in Ordinary Trash.’’ (c) Any person who desires to to transfer byproduct material manufacture, prepare, process, produce, manufactured, prepared, processed, Dated at Rockville, Maryland, this 24th day of November, 1997. package, repackage, or transfer for produced, packaged, or repackaged For the Nuclear Regulatory Commission. commercial distribution such capsules pursuant to a license issued by an John C. Hoyle, shall apply for and receive a specific Agreement State; license pursuant to § 32.21 of this (2) The applicant meets the Secretary of the Commission. chapter. requirements under § 32.72(a)(2) of this [FR Doc. 97–31514 Filed 12–1–97; 8:45 am] part; BILLING CODE 7590±01±P (d) Nothing in this section relieves (3) The applicant provides evidence persons from complying with applicable that each capsule contains 37 kBq (1µ FDA, other Federal, and State Ci) carbon-14 urea (allowing for NUCLEAR REGULATORY requirements governing receipt, nominal variation that may occur during COMMISSION administration, and use of drugs. the manufacturing process); (4) The carbon-14 urea is not 10 CFR Part 73 PART 32ÐSPECIFIC DOMESTIC contained in any food, beverage, LICENSES TO MANUFACTURE OR cosmetic, drug (except as described in RIN 3150±AF53 TRANSFER CERTAIN ITEMS this section) or other commodity CONTAINING BYPRODUCT MATERIAL designed for ingestion or inhalation by, Changes to Nuclear Power Plant or topical application to, a human being; Security Requirements 4. The authority citation for Part 32 (5) The carbon-14 urea is in the form AGENCY: continues to read as follows: of a capsule, identified as radioactive, Nuclear Regulatory Commission. Authority: Secs. 81, 161, 182, 183, 68 Stat. and to be used for its radioactive 935, 948, 953, 954, as amended (42 U.S.C. properties, but is not incorporated into ACTION: Final rule. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. any manufactured or assembled 1242, as amended (42 U.S.C. 5841). commodity, product, or device intended SUMMARY: The Nuclear Regulatory for commercial distribution; and Commission (NRC) is revising its 5. In § 32.8, paragraph (b) is revised to (6) The applicant submits copies of regulations to delete certain security read as follows: prototype labels and brochures and the requirements associated with an NRC approves these labels and internal threat. This action follows the § 32.8 Information collection brochures. NRC’s reconsideration of nuclear power requirements: OMB approval. (b) Nothing in this section relieves the plant physical security requirements to * * * * * licensee from complying with identify those requirements that are (b) The approved information applicable FDA, other Federal, and State marginal to safety, redundant, or no collection requirements contained in requirements governing drugs. longer effective. This action will reduce this part appear in §§ 32.11, 32.12, 7. A new § 32.21a is added to read as the regulatory burden on licensees 32.14, 32.15, 32.16, 32.17, 32.18, 32.19, follows: without compromising physical protection against radiological sabotage 32.20, 32.21, 32.21a, 32.22, 32.23, 32.25, § 32.21a Same: Conditions of license. 32.26, 32.27, 32.29, 32.51, 32.51a, 32.52, required for public health and safety. Each license issued under § 32.21 of EFFECTIVE DATE: 32.53, 32.54, 32.55, 32.56, 32.57, 32.58, this part is subject to the following January 16, 1998. 32.61, 32.62, 32.71, 32.72, 32.74, and conditions: FOR FURTHER INFORMATION CONTACT: Dr. 32.210. (a) The immediate container of the Sandra Frattali, Office of Nuclear * * * * * capsule(s) must bear a durable, legible Regulatory Research, U.S. Nuclear 6. A new § 32.21 is added to read as label which: Regulatory Commission, Washington, follows: (1) Identifies the radioisotope, the DC 20555–0001, telephone (301) 415– physical and chemical form, the 6261, e-mail [email protected]. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63641

SUPPLEMENTARY INFORMATION: incendiary devices upon re-entry into conditions. Also under the current Background the protected area. Requiring a guard to regulations, all vehicles must be go through an explosives detector or escorted by a member of the security On February 20, 1997, the NRC searching packages carried by the guard organization while inside the protected published a proposed rule in the protects against the introduction of area except for ‘‘designated licensee Federal Register (62 FR 7721) that contraband. Because an armed guard vehicles.’’ ‘‘Designated licensee would revise the NRC’s regulations carries a weapon onsite, passage of the vehicles’’ are those vehicles that are associated with an internal threat to guard through the metal detector, the limited in their use to onsite plant nuclear power plants that are contained principal purpose of which is to detect functions and remain in the protected in 10 CFR part 73, ‘‘Physical Protection firearms, serves little purpose. The area except for operational, of Plants and Materials.’’ The five guard has to either remove the weapon maintenance, repair, security, and changes, which provide significant while passing through the detector or be emergency purposes. Under the current relief to licensees without subject to a hands on search. Either requirement, all other vehicles that are compromising the physical security of approach makes little sense for the not ‘‘designated licensee vehicles’’ must the plants, involve changes to— guard who is authorized to carry a 1. Search requirements for on-duty be escorted at all times while in the weapon onsite. Further, removing and protected area even when they are guards, § 73.55(d)(1); handling the guard’s weapon could driven by personnel with unescorted 2. Requirements for vehicle escort, present a safety risk to the guard and access. § 73.55(d)(4); other personnel. This rule will allow 3. Control of contractor employee armed security guards who are on duty Comment. Seven commenters were badges, § 73.55(d)(5); and have exited the protected area to concerned that the proposed rule would 4. Maintenance of access lists for each reenter the protected area without being only allow a vehicle to be unescorted vital area, § 73.55(d)(7)(i)(A); and searched for firearms (by a metal when being operated by licensee 5. Key controls for vital areas, detector). employees having unescorted access. § 73.55(d)(8). Comment. All commenters supported These commenters wanted this The Commission received 9 letters this action. One commenter extended to contractor employees who commenting on the proposed rule. Eight recommended that the words ‘‘on were from utilities and one was from an are cleared for unescorted access as official business’’ be removed. well. industry group. Copies of the letters are Response. The term ‘‘on official available for public inspection and business’’ has been replaced by the term Response. This change has been copying for a fee at the Commission’s ‘‘on duty.’’ The rationale given in the made. Since both licensee employees Public Document Room, located at 2120 proposed rule to eliminate the searches and contractor employees are subject to L Street, NW (Lower Level), would also apply when the guard equivalent access authorization Washington, DC. reenters the protected area at other programs, the level of trustworthiness is deemed to be equivalent. There is no Discussion times, for example, after lunch where the lunch area is outside the protected compelling reason to distinguish The public comments supported the area, as is the case at some facilities. between the two. The amended rule proposed rulemaking in general. Seven The meaning of ‘‘on duty’’ is not meant eliminates the requirement for escort of of the nine commenters recommended to extend to ‘‘on call’’ or to personal licensee-owned or leased vehicles additional relief from the vehicle escort activities. entering the protected area for work- provisions. One commenter The amended rule allows armed related purposes provided these recommended additional relief from the security guards who are on duty and vehicles are driven by personnel who search requirements for armed guards. have exited the protected area to reenter have unescorted access. This change Two commenters recommended the protected area without being provides burden relief to licensees changes to the regulations without searched for firearms (by a metal without significantly increasing the support that were outside the scope of detector). Note that the rule says level of risk to the plant. this rulemaking. ‘‘reenter.’’ This means that the guards For three of the changes in the Comment. Five comments were made have been searched on their initial entry that limiting unescorted vehicles to proposed rule, only the language that into the protected area. Unarmed guards had been changed was provided in the those that were licensee-owned was and watchpersons will continue to meet unduly restrictive, and wanted this proposed rule language. The language all search requirements. All guards will that did not change in those paragraphs extended to licensee-owned or leased continue to be searched for explosives vehicles. One commenter wanted it was inadvertently omitted. This and incendiary devices because they are language has been put back in the final further extended to contractor- or not permitted to carry these devices into vendor-owned or leased vehicles. rule. The three paragraphs affected are: the plant. search requirements for on-duty guards, Response. The rule language was § 73.55(d)(1); requirements for vehicle 2. Requirements for Vehicle Escort changed to allow for licensee-leased escort, § 73.55(d)(4); and maintenance of (§ 73.55(d)(4)) vehicles to be unescorted when driven access lists for each vital area, The present requirement that a by personnel who have unescorted § 73.55(d)(7)(i)(A). searched, licensee-owned vehicle access. The NRC staff recognizes that The comments are discussed below. within the protected area must be licensees may lease rather than buy Comment Resolution escorted by a member of the security vehicles. However, the staff believes organization, even when the driver is that this provision should not be 1. Search Requirements for On-duty badged for unescorted access, does not extended indiscriminately to contractor Guards (§ 73.55(d)(1)) contribute significantly to the security or vendor vehicles because licensees Under the current regulations, armed of the plant. Under the current have no knowledge or control over how security guards who leave the protected regulations, all vehicles must be contractor or vendor vehicles may be area as part of their duties must be searched prior to entry into the used for purposes other than those for searched for firearms, explosives, and protected area except under emergency which the licensee has contracted. 63642 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

3. Control of Contractor Employee This rulemaking replaces separate comments. Two of the public comments Badges (§ 73.55(d)(5)) access authorization lists for each vital were not accommodated because they Contractor employees with area of the facility with a single list of requested changes to the regulations unescorted access are required to return all persons who have access to any vital that were not put forward in the their badges when leaving the protected area. It also changes the requirement to proposed rule. reapprove the list at least once every 31 area. Current regulatory practice allows Environmental Impact: Categorical days to quarterly. Reapproval consists of licensee employees to leave the Exclusion protected area with their badges if a review to ensure that the list is current The Commission has determined that adequate safeguards are in place to and that only those individuals this final rule is the type of action ensure that the proper use of the badge requiring routine access to a vital area described as a categorical exclusion in is not compromised or that a system are included. Because a manager or 10 CFR 51.22(c)(3)(i). Therefore, neither such as biometrics is in place to ensure supervisor must update the list, an environmental impact statement nor that only the proper person uses the conducting this comprehensive an environmental assessment has been badge for gaining access to the protected reapproval every 31 days is of marginal prepared for this final rule. area. Because contractors and licensees value. Comment. All commenters supported are subject to the same programs Paperwork Reduction Act Statement these provisions. required for unescorted access, there is Response. The final rule will be This final rule amends information no reason to employ more stringent published as proposed. collection requirements that are subject badge control requirements for The Commission desires to remind to the Paperwork Reduction Act of 1995 contractor employees. licensees that they are responsible for (44 U.S.C. 3501 et seq.). These This amended rulemaking allows properly controlling access, and that the requirements were approved by the contractor employees to take their changes to § 73.55(d)(7)(i)(A) do not Office of Management and Budget, badges offsite under the same remove their responsibility to establish approval number 3150–0002. conditions as licensee employees. procedures to ensure that persons no Because the rule will reduce existing Comment. All commenters supported longer needing unescorted access are information collection requirements, the this provision. not granted such access. public burden for this collection of Response. The final rule will be information is expected to be decreased published as proposed, with a sentence 5. Key Controls for Vital Areas by 100 hours per licensee. This added to ensure that the integrity of the (§ 73.55(d)(8)) reduction includes the time required for access controls are not adversely Under the current regulations, reviewing instructions, searching affected. licensees must change or rotate all keys, existing data sources, gathering and Comment. One commenter wanted locks, combinations, and related access maintaining the data needed, and the physical differentiation between control devices at least once every completing and reviewing the collection contractor and employee badges twelve months. The rule also requires of information. Send comments on any eliminated. that these be changed whenever there is aspect of this collection of information, Response. This comment provided no a possibility they have been including suggestions for further reason for changing the current compromised, or when an individual reducing the burden, to the Information requirement of having employee and with access to the keys, locks, or and Records Management Branch (T–6 contractor badges distinguishable. combinations has been terminated for F33), U.S. Nuclear Regulatory Further the staff has no reason to make reasons of trustworthiness, reliability, or Commission, Washington, DC 20555– such a change. Because of this and the inadequate work performance. 0001, or by Internet electronic mail to fact that this comment is outside the Additionally requiring such change [email protected]; and to the Desk Officer, scope of this rulemaking this change is every 12 months has been determined Office of information and Regulatory not being made. by the NRC to be only marginal to Affairs, NEOB–10202, (3150–0002), 4. Maintenance of Access Lists for Each security. Office of Management and Budget, Vital Area (§ 73.55(d)(7)(i)(A)) This amended rule removes the Washington, DC 20503. requirement for changing access control Maintaining separate access lists for devices at least every 12 months while Public Protection Notification each vital area and reapproval of these retaining the requirement to make The NRC may not conduct or sponsor, lists on a monthly basis is of marginal changes for cause, and when an access and a person is not required to respond value. At many sites, persons granted control device has been, or there is a to, a collection of information unless it access to one vital area also have access suspicion that it may have been, displays a currently valid OMB control to most or all vital areas. Licensees compromised. number. presently derive little additional benefit Comment. One commenter requested from maintaining discrete lists of that the words ‘‘inadequate work Regulatory Analysis individuals allowed access to each performance’’ in the rule language be A discussion of each of the five separate vital area in the facility. Also, removed or defined. changes in this final rule is provided licensee managers or supervisors are Response. The NRC sees no need to above in the supplementary information required to update the access lists at define ‘‘inadequate work performance’’ section. The costs and benefits for each least once every 31 days to add or delete because the term characterizes many of the changes in this rulemaking are as individuals from these lists as factors and judgements involving follows. appropriate. There is also a requirement removal for cause. Further, the comment 1. Search Requirements for On-Duty to reapprove the list every 31 days. is outside the scope of this rulemaking. However, reapproval of all individuals Guards (§ 73.55(d)(1)) on the lists at least every 31 days, to Regulatory Action The regulatory burden on licensees validate that the lists have been The final rule will be promulgated will be reduced by eliminating maintained accurately is unnecessarily with the changes made to the proposed unnecessary weapon searches of guards burdensome. rule in response to the public who are already allowed to carry a Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63643 weapon on site, which will result in 4. Maintenance of Access Lists for Each major rule and has verified this better utilization of licensee resources. Vital Area (§ 73.55(d)(7)(i)(A)) determination with the Office of There will be no reduction in plant The regulatory burden on licensees Information and Regulatory Affairs, security, and there is no reduction in will be reduced because licensees will Office of Management and Budget. the total size of the security force. have to keep only one access list for all Backfit Analysis Further, the potential safety risk to vital areas and reapprove it quarterly, The Commission has determined that personnel caused by removing and rather than keep individual access lists the backfit rule, 10 CFR 50.109, does not handling a guard’s weapon will be for each vital area that must be apply to this final amendment because eliminated. reapproved monthly. Assuming that the time to reapprove this amendment will not impose new 2. Requirements for Vehicle Escort requirements on existing 10 CFR part 50 (§ 73.55(d)(4)) each of the individual lists is 1 hour per month, that a combined list will take 1.5 licensees. The changes to physical security are voluntary and should the The regulatory burden on licensees hours per month, that the average licensee decide to implement this will be reduced by requiring fewer number of vital areas per site is 10, and amendment, will be a reduction in vehicle escorts, which will allow that the cost of a clerk including burden to the licensee. Therefore, a personnel to be utilized more effectively overhead is $30 per hour (loaded), a backfit analysis has not been prepared or for other purposes. Resources could rough estimate of the potential savings for this amendment. be redirected to areas in which they will per site per year is about $3,400 [(1×10 be more cost effective. The decrease in vital areas/month × 12 months/yr-1.5×1 List of Subjects in 10 CFR Part 73 combined vital area/quarter × 4 security will be marginal, because Criminal penalties, Hazardous quarters/yr) × $30/hr]. With 75 sites, the unescorted access will be restricted to materials transportation, Export, Import, savings to the industry per year will be vehicles owned or leased by the licensee Nuclear materials, Nuclear power plants approximately $260,000. being driven by personnel with and reactors, Reporting and unescorted access. 5. Key Controls for Vital Areas recordkeeping requirements, Security Assuming the number of such entries (§ 73.55(d)(8)) measures. of licensee owned or leased vehicles The regulatory burden on the For the reasons set out in the driven by personnel having unescorted licensees will be reduced because fewer preamble and under the authority of the access is 10 per day per site, the average resources will be needed to maintain the Atomic Energy Act of 1954, as amended; time needed for escort is 3 hours, and system. the Energy Reorganization Act of 1974, the cost per hour for security personnel Assuming that, of approximately 60 as amended; and 5 U.S.C. 552 and 553; is $30 (loaded), a rough estimate of the locks that are changed each year under the NRC is adopting the following potential savings per site per year is the current requirement, half of them amendments to 10 CFR part 73. about $330,000 (10 escorts/day/site × were changed because an individual 365 days/year × 3 hrs/escort × $30/hr). was removed for cause or the lock may PART 73ÐPHYSICAL PROTECTION OF With 75 sites, the savings to the have been compromised, 30 locks PLANTS AND MATERIALS industry per year will be approximately remain in need of change. Assuming 1. The authority citation for Part 73 $24,000,000. that it takes a locksmith 10 hours to continues to read as follows: change all 30 locks at a cost (loaded) of 3. Control of Contractor Employee $45 per hour, a rough estimate of the Authority: Secs. 53, 161, 68 Stat. 930, 948, Badges (§ 73.55(d)(5)) as amended, sec. 147, 94 Stat. 780 (42 U.S.C. potential savings per site per year is × 2073, 2167, 2201); sec. 201, as amended, 204, The regulatory burden on licensees about $450 (10 hrs/year $45/hr). With 88 Stat. 1242, as amended, 1245, sec. 1701, will be reduced by a more effective use 75 sites, the savings to the industry per 106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841, of security personnel, who will no year will be approximately $34,000. 5844, 2297f). longer need to handle badges for Regulatory Flexibility Certification Section 73.1 also issued under secs. contractor personnel who have As required by the Regulatory 135, 141, Pub. L. 97–425, 96 Stat. 2232, unescorted access. There will be no Flexibility Act as amended, 5 U.S.C. 2241 (42 U.S.C. 10155, 10161). Section reduction in plant security because 605(b), the Commission certifies that 73.37(f) also issued under sec. 301, Pub. adequate safeguards will be in place to this final rule, if adopted, will not have L. 96–295, 94 Stat. 789 (42 U.S.C. 5841 ensure that badges are properly used a significant economic impact on a note). Section 73.57 is issued under sec. and not compromised, and a system substantial number of small entities. 606, Pub. L. 99–399, 100 Stat. 876 (42 such as biometrics is in place to ensure This final rule will affect only licensees U.S.C. 2169). that only the proper person uses the 2. Section 73.55 is amended by authorized to operate nuclear power badge to gain access to the protected revising paragraphs (d)(1), (d)(4), (d)(5), reactors. These licensees do not fall area. (d)(7)(i)(A), and (d)(8) to read as follows: within the scope of the definition of Assuming that two security persons ‘‘small entities’’ set forth in the § 73.55 Requirements for physical per working shift change, 5 shifts per Regulatory Flexibility Act, or the Small protection of licensed activities in nuclear day, one hour per shift are relieved from Business Size Standards set out in power reactors against radiological the duties of controlling contractor regulations issued by the Small sabotage. employee badges during an outage Business Administration Act, 13 CFR * * * * * lasting 3 months. Further, assuming that part 121. (d) * * * the cost per hour for security personnel (1) The licensee shall control all is $30 (loaded), a rough estimate of the Small Business Regulatory Enforcement points of personnel and vehicle access potential savings per site per year is Fairness Act into a protected area. Identification and about $27,000 (10 hours/day × 90 days/ In accordance with the Small search of all individuals unless year × $30 hr). With 75 sites, the savings Business Regulatory Enforcement otherwise provided in this section must to the industry per year will be Fairness Act of 1996, the NRC has be made and authorization must be approximately $2,000,000. determined that this action is not a checked at these points. The search 63644 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations function for detection of firearms, access to protected areas without escort. FARM CREDIT ADMINISTRATION explosives, and incendiary devices must An individual not employed by the be accomplished through the use of both licensee but who requires frequent and 12 CFR Part 614 firearms and explosive detection extended access to protected and vital RIN 3052±AB78 equipment capable of detecting those areas may be authorized access to such devices. The licensee shall subject all areas without escort provided that he or Loan Policies and Operations; Loan persons except bona fide Federal, State, she displays a licensee-issued picture Sales Relief and local law enforcement personnel on badge upon entrance into the protected official duty to these equipment area which indicates: AGENCY: Farm Credit Administration. ACTION: Direct final rule with searches upon entry into a protected (A) Non-employee no escort required; area. Armed security guards who are on opportunity for comment. duty and have exited the protected area (B) Areas to which access is SUMMARY: The Farm Credit may reenter the protected area without authorized; and Administration (FCA), through the FCA being searched for firearms. When the (C) The period for which access has Board (Board), issues a direct final rule licensee has cause to suspect that an been authorized. amending its regulations relating to loan individual is attempting to introduce (ii) Badges shall be displayed by all sales into a secondary market. This firearms, explosives, or incendiary individuals while inside the protected action conforms FCA regulations to devices into protected areas, the area. Badges may be removed from the recent statutory amendments to the licensee shall conduct a physical pat- protected area when measures are in Farm Credit Act of 1971, as amended, down search of that individual. place to confirm the true identity and (Act) made by sections 206 and 208 of Whenever firearms or explosives authorization for access of the badge the Farm Credit System Reform Act of detection equipment at a portal is out of holder upon entry into the protected 1996 (1996 Act). These amendments service or not operating satisfactorily, area. provide that loans designated by Farm the licensee shall conduct a physical * * * * * Credit System institutions for sale into pat-down search of all persons who a secondary market are not subject to would otherwise have been subject to (7) * * * minimum stock purchase or borrower equipment searches. The individual (i) * * * rights requirements. responsible for the last access control (A) Establish a current authorization DATES: If no significant adverse function (controlling admission to the access list for all vital areas. The access protected area) must be isolated within comment is received on or before list must be updated by the cognizant January 2, 1998, these regulations shall a bullet-resisting structure as described licensee manager or supervisor at least in paragraph (c)(6) of this section to be effective upon the expiration of 30 once every 31 days and must be days after publication in the Federal assure his or her ability to respond or reapproved at least quarterly. The to summon assistance. Register during which either or both licensee shall include on the access list Houses of Congress are in session. * * * * * only individuals whose specific duties Notice of the effective date will be (4) All vehicles, except under require access to vital areas during published in the Federal Register. If emergency conditions, must be searched nonemergency conditions. significant adverse comment is received, for items which could be used for * * * * * the FCA will publish a notice of sabotage purposes prior to entry into the (8) All keys, locks, combinations, and withdrawal of the regulations and protected area. Vehicle areas to be related access control devices used to indicate how the Agency expects to searched must include the cab, engine control access to protected areas and proceed with further rulemaking. compartment, undercarriage, and cargo vital areas must be controlled to reduce area. All vehicles, except as indicated in ADDRESSES: Comments may be the probability of compromise. this paragraph, requiring entry into the submitted via electronic mail to ‘‘reg- Whenever there is evidence or suspicion protected area must be escorted by a [email protected]’’ or facsimile that any key, lock, combination, or member of the security organization transmission to (703) 734–5784. related access control devices may have while within the protected area and, to Comments also may be mailed or been compromised, it must be changed the extent practicable, must be off delivered to Patricia W. DiMuzio, or rotated. The licensee shall issue keys, loaded in the protected area at a specific Director, Regulation Development locks, combinations and other access designated materials receiving area that Division, Office of Policy Development control devices to protected areas and is not adjacent to a vital area. Escort is and Risk Control, Farm Credit vital areas only to persons granted not required for designated licensee Administration, 1501 Farm Credit Drive, unescorted facility access. Whenever an vehicles or licensee-owned or leased McLean, Virginia 22102–5090. Copies of individual’s unescorted access is vehicles entering the protected area and all communications received will be revoked due to his or her lack of driven by personnel having unescorted available for review by interested parties trustworthiness, reliability, or access. Designated licensee vehicles in the Office of Policy Development and inadequate work performance, keys, shall be limited in their use to onsite Risk Control, Farm Credit locks, combinations, and related access plant functions and shall remain in the Administration. control devices to which that person protected area except for operational, FOR FURTHER INFORMATION CONTACT: had access, must be changed or rotated. maintenance, repair, security and John J. Hays, Policy Analyst, Regulation emergency purposes. The licensee shall * * * * * Development Division, Office of exercise positive control over all such Dated at Rockville, Maryland, this 24th day Policy Development and Risk Control, of November, 1997. designated vehicles to assure that they (703) 883–4498, TDD (703) 883–4444; are used only by authorized persons and For the Nuclear Regulatory Commission. or for authorized purposes. John C. Hoyle, William Larsen, Senior Attorney, Legal (5)(i) A numbered picture badge Secretary of the Commission. Counsel Division, Office of General identification system must be used for [FR Doc. 97–31515 Filed 12–1–97; 8:45 am] Counsel, (703) 883–4020, TDD (703) all individuals who are authorized BILLING CODE 7590±01±P 883–4444. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63645

SUPPLEMENTARY INFORMATION: The Farm Further reflecting the 1996 Act the time they are made for sale into a Credit System Reform Act of 1996 i amendments to section 4.3A of the Act, secondary market are not subject to made significant changes in title VIII of § 614.4335 is amended to add borrower rights, unless the loan is not the Act, which governs the secondary provisions concerning the retirement of sold within 180 days of the date of market for agricultural loans. The 1996 borrower stock for loans sold into a designation. After 180 days, borrower Act also provided regulatory relief to secondary market. Amended rights apply to a designated loan unless Farm Credit System (FCS) institutions. § 614.4335(c)(2) states that an and until it is subsequently sold into a This rulemaking conforms FCA institution’s bylaws may provide that all secondary market. Amended regulations with provisions of the 1996 outstanding voting stock held by a § 614.4336(c) retains the notice and Act that grant relief from minimum borrower with respect to a loan shall be relinquishment provisions that stock purchase requirements and retired when the loan is sold into a currently apply to loan sales to other borrower rights for Loans designated by secondary market. Thus, if the lenders. FCS institutions for sale into a institution’s bylaws so provide, if a In addition to amending the definition secondary market.ii designated loan is sold into a secondary of ‘‘loan’’ in section 4.14A of the Act to market after 180 days, all outstanding remove borrower rights protections from I. Changes Pursuant to Section 206 of stock with respect to the loan shall be loans designated for sale into a The 1996 Act retired. An institution’s bylaws also may secondary market, section 208(b) of the Section 206 of the 1996 Act amended provide that all stock held by a borrower 1996 Act applied the amended section 4.3A of the Act by granting relief with respect to a loan made before the definition of ‘‘loan’’ to section 8.9(b) of from stock purchase requirements for enactment of the 1996 Act and sold into the Act, effectively removing the section loans designated for sale into a a secondary market shall be retired. 8.9(b) borrower rights protections that secondary market. As amended, section Existing provisions of § 614.4335 that applied before a loan was sold into the 4.3A of the Act establishes that an require an institution to meet minimum secondary market for agricultural loans institution’s bylaws may provide that: permanent capital requirements and established by title VIII of the Act. This (1) For loans made on or after enactment specify the treatment of loans sold with statutory change requires the removal of of section 206 that are designated for or without recourse are not affected by current § 614.4367(b) to conform FCA sale into a secondary market, no voting the 1996 Act amendments and are regulations to the amended Act. In its stock or participation certificate redesignated to § 614.4335(c)(1). Finally, current form, § 614.4367(b) (collectively, equity or equities) amended § 614.4335(d) provides that implemented section 8.9(b) of the Act purchase requirement shall apply; and paragraphs (b)(1) and (c)(2) apply by requiring certain disclosures for (2) for loans made before the enactment regardless of whether the institution loans that will or may be pooled for sale of section 206 that are sold into a retains a subordinated participation into the secondary market. The required secondary market, all equities interest in a loan or pool of loans or disclosures included notice that an purchased with respect to these loans contributes to a cash reserve. applicant could refuse to have his or her shall, subject to the institution meeting loan pooled and thus retain statutory II. Changes Pursuant to Section 208 of its regulatory minimum permanent borrower rights. capital requirements, be retired. Section The 1996 Act Disclosure was also required that, 206 further provides that if such Section 208 of the 1996 Act amended within 3 days of commitment, the designated loans are not sold into a section 4.14A of the Act by changing the applicant had the right to refuse to secondary market within 180 days, the definition of the term ‘‘loan’’ to exclude allow the loan to be pooled. Because otherwise applicable equity purchase from that definition loans designated, at section 208 of the 1996 Act effectively requirement shall then apply. However, the time the loans are made, for sale into provides that borrower rights do not an institution’s bylaws may provide that a secondary market. The effect of this apply to loans designated for sale into if a designated loan is subsequently sold statutory change is that the borrower a secondary market, the disclosures and into a secondary market, the equities rights provisions of the Act do not apply approvals required by § 614.4367(b) no relating to the loan shall be retired. to loans designated, at the time the longer apply. Accordingly, the FCA is Pursuant to these amendments to loans are made, for sale into a secondary removing paragraph (b) of § 614.4367 section 4.3A of the Act, the FCA is market.iii As is the case with respect to and redesignating the remaining making conforming amendments to the reattachment of stock purchase paragraphs. § 614.4335 pertaining to borrower stock requirements under section 206 of the In the event that a designated loan is requirements. Amended § 614.4335(a) 1996 Act, if a designated loan is not sold not sold into the secondary market provides that, in general, a borrower into a secondary market within 180 days within 180 days, the terms of the must meet the institution’s minimum of designation, borrower rights become borrower’s loan will change in two borrower stock purchase requirement as applicable unless and until the loan is material respects. The borrower is a condition of obtaining a loan. subsequently sold into a secondary required to purchase stock, which will However, under amended § 614.4335(b), market. increase the effective interest rate on the an institution’s bylaws may provide that The FCA is amending § 614.4336 in loan. The borrower will also be entitled the institution’s minimum borrower order to conform it to amended section to borrower rights under the Act. stock purchase requirement does not 4.14A of the Act. Amended § 614.4336 Institutions should ensure that apply if a loan is designated, at the time sets forth treatment of borrower rights in borrowers fully understand their the loan is made, for sale into a three loan sale situations: (1) Loan sales obligations and rights at the time the secondary market. Amended to Farm Credit System institutions; (2) loan is made. The FCA has not included § 614.4335(b) also implements the loans designated for sale into a special disclosure obligations for loans statutory requirement that if a secondary market; and (3) other loan designated for sale into the secondary designated loan is not sold into a sales. Under amended § 614.4336(a), a market because the existing secondary market upon the expiration of loan sold to another qualified lender requirements of § 614.4367 are sufficient 180 days, the minimum borrower stock retains borrower rights. Under amended to ensure that borrowers are purchase requirement will apply to the § 614.4336(b), loans made on or after appropriately informed of: (1) Their loan. February 10, 1996, that are designated at obligation to purchase stock if the loan 63646 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations is not sold as intended; (2) the change to rebut the agency’s conclusion that PART 614ÐLOAN POLICIES AND in the effective interest rate resulting public input on the rule is unnecessary. OPERATIONS from the stock purchase requirement; Notwithstanding this ‘‘good cause’’ and (3) the borrower rights that will 1. The authority citation for part 614 rationale under section 553(b)(B), direct is revised to read as follows: apply. final rulemaking also meets the basic Authority: 42 U.S.C. 4012a, 4104a, 4104b, III. Direct Final Rulemaking notice-and-comment requirements of the APA, although the timing and 4106, and 4128; secs. 1.3, 1.5, 1.6, 1.7, 1.9, With the promulgation of these 1.10, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12, 2.13, 2.15, regulations, the FCA is using, for the format of notice and opportunity for 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28, 4.3A, first time, the ‘‘direct final’’ procedure comment necessarily differs from a 4.12, 4.12A, 4.13, 4.13B, 4.14, 4.14A, 4.14C, for rulemaking. Direct final rulemaking typical notice-and-comment 4.14D, 4.14E. 4.18, 4.18A, 4.19, 4.36, 4.37, permits agencies to adopt rulemaking. If, during the comment 5.9, 5.10, 5.17, 7.0, 7.2, 7.6, 7.7, 7.8, 7.12, noncontroversial rules on an expedited period provided, the agency receives a 7.13, 8.0, 8.5, 8.9 of the Farm Credit Act (12 U.S.C. 2011, 2013, 2014, 2015, 2017, 2018, basis, without going through the usual significant adverse comment on a direct final rule, the agency commits to 2019, 2071, 2073, 2074, 2075, 2091, 2093, proposal and final stages of notice-and- 2094, 2096, 2121, 2122, 2124, 2128, 2129, comment rulemaking. Direct final withdraw the rule and may either issue another direct final rule or promulgate 2131, 2141, 2149, 2154a, 2183, 2184, 2199, rulemaking was recommended for 2201, 2202, 2202a, 2202c, 2202d, 2202e, promulgation of noncontroversial rules the rule in proposed form. A significant 2206, 2206a, 2207, 2219a, 2219b, 2243, 2244, by the Administrative Conference of the adverse comment is defined as one 2252, 2279a, 2279a–2, 2279b, 2279b–1, United States (ACUS) in its where the commenter explains why the 2279b–2, 2279f, 2279f–1, 2279aa, 2279aa–5, Recommendation 95–4, adopted June rule would be inappropriate, including 2279aa–9); sec. 413 of Pub. L. 100–233, 101 15, 1995. Vice President Gore also challenges to the rule’s underlying Stat. 1568, 1639. premise or approach, or would be recommended direct final rulemaking in Subpart HÐLoan Purchases and Sales his report on the National Performance ineffective or unacceptable without a Review (NPR) as a means for agencies to change. In general, a significant adverse 2. Sections 614.4335 and 614.4336 are streamline the rulemaking process. See comment would raise an issue serious revised to read as follows: ‘‘Improving Regulatory Systems,’’ enough to warrant a substantive Accompanying Report of the NPR, response from the agency in a notice- § 614.4335 Borrower stock requirements. September, 1993. and-comment proceeding. (a) In general. Except as provided in The FCA is committed to the use of The FCA believes that the secondary paragraph (b) of this section, a borrower innovative rule-making techniques to market loan sale amendments fit the shall meet the institution’s minimum further its strategic goal of category of rules appropriate for direct borrower stock purchase requirements implementing effective and efficient final rulemaking. These changes merely as a condition of obtaining a loan. regulations. The FCA believes that the conform the regulations to the 1996 Act. (b) Loans designated for sale into a use of direct final rulemaking in The changes remove or amend current secondary market. (1) An institution’s appropriate circumstances offers the regulatory requirements that do not bylaws may provide that the means to streamline the rulemaking reflect the changes in the Act. As such, institution’s minimum borrower stock process for noncontroversial rules by the changes are straightforward and purchase requirements do not apply if a reducing the time and resources needed noncontroversial. For these reasons, the loan is designated, at the time it is for development, review, clearance, and FCA does not anticipate that there will made, for sale into a secondary market. publication, while still affording the be significant adverse comment on this (2) If a loan designated for sale under public adequate opportunity to rulemaking. Nonetheless, in keeping paragraph (b)(1) of this section is not comment on or object to a rule. with the procedures recommended by sold into a secondary market during the In direct final rulemaking, the agency ACUS for direct final rulemaking, the 180-day period that begins on the date gives notice that a rule will become final FCA is providing a 30-day period from of designation, the institution’s at a specified future date unless the publication during which members of minimum borrower stock purchase agency receives significant adverse the public may comment on the rule. If requirements shall apply. comment on the rule during the significant adverse comment is received (c) Retirement of borrower stock. (1) In comment period established in the during the comment period, the FCA general. Borrower stock may be retired rulemaking notice. The Administrative will publish a notice of withdrawal of only if the institution meets the Procedure Act, 5 U.S.C. 551–59, et seq. the rule that will also indicate how minimum permanent capital (APA), supports this streamlined further rulemaking will proceed. If no requirements imposed by the FCA technique of rulemaking. Direct final significant adverse comment is received, pursuant to the Act or regulations and, rulemaking is justified under section the FCA will publish its customary except as provided in paragraph (c)(2) of 553(b)(B) of the APA. Section 553(b)(B) notice of the effective date of the rule this section, in accordance with the is the APA’s ‘‘good cause’’ exemption following the required Congressional following: for omitting notice and comment on a waiting period under section 5.17(c)(1) (i) Borrower stock may be retired if rule where an agency finds ‘‘that notice of the Act. the entire loan is sold without recourse, and public procedure thereon are provided that when the loan is sold impracticable, unnecessary, or contrary List of Subjects in 12 CFR Part 614 without recourse to another Farm Credit to the public interest.’’ In direct final System institution, the borrower may rulemaking, the agency finds that the Agriculture, Banks, banking, Flood elect to hold stock in either the selling rule is sufficiently straightforward and insurance, Foreign trade, Reporting and or purchasing institution. noncontroversial to make normal notice recordkeeping requirements, Rural (ii) Borrower stock may not be retired and comment unnecessary under the areas. when the entire loan is sold with APA. However, rather than eliminating For the reasons set out in the recourse. public comment altogether, as would be preamble, part 614 of chapter VI, title 12 (iii) When an interest in a loan is sold permissible under section 553(b)(B), the of the Code of Federal Regulations is without recourse, a proportionate agency gives the public an opportunity amended to read as follows: amount of borrower stock may be Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63647 retired, but in no event may stock be obligated to accord the borrower the [FR Doc. 97–31569 Filed 12–1–97; 8:45 am] retired below the institution’s minimum same rights qualified lenders must BILLING CODE 6705±01±P stock purchase requirements for the provide under the Act; or interest retained. (ii) Obtain from the borrower a signed (iv) If an institution repurchases a written consent to the sale that DEPARTMENT OF HEALTH AND loan on which the stock has been explicitly states that the borrower HUMAN SERVICES retired, the borrower shall be required to relinquishes the statutory borrower repurchase stock in the amount of the rights. The consent to the loan sale and Food and Drug Administration minimum stock purchase requirement. the relinquishment of the borrower (2) Loans sold into a secondary rights shall have no effect until the loan 21 CFR Part 101 market. An institution’s bylaws may is actually sold and shall be ineffective provide that all outstanding voting stock in the event that the lender or any other [Docket No. 93P±0448] held by a borrower with respect to a Farm Credit System institution Food Labeling; Serving Sizes; loan shall be retired when the loan is repurchases the loan or any interest Reference Amount for Salt, Salt sold into a secondary market. therein. Substitutes, Seasoning Salts (e.g., (d) Applicability. In the case of a loan (2) Before obtaining the borrower’s Garlic Salt) sold into a secondary market under title consent to the sale of the loan and the VIII of the Act, paragraphs (b)(1) and relinquishment of borrower rights AGENCY: Food and Drug Administration, (c)(2) of this section apply regardless of pursuant to paragraph (c)(1)(ii) of this HHS. whether the institution retains a section, the lending institution shall ACTION: Final rule. subordinated participation interest in a disclose in writing to the borrower: loan or pool of loans or contributes to (i) A full and complete description of SUMMARY: The Food and Drug a cash reserve. the statutory rights that the borrower is Administration (FDA) is amending the asked to relinquish; nutrition labeling regulations to change § 614.4336 Borrower rights in connection (ii) Any changes in the loan terms or with loan sales. the reference amount customarily conditions that will occur if the loan is consumed per eating occasion for the (a) Loan sales to Farm Credit System not sold; and food category ‘‘Salt, salt substitutes, institutions. Loans made by qualified (iii) The fact that the relinquishment seasoning salts (e.g., garlic salt)’’ from a lenders (as defined in section of the statutory borrower rights will not weight-based reference amount of 1 4.14A(a)(6) of the Act) and interests in become effective unless the loan is gram (g) to a volume-based reference such loans that are sold to other actually sold and shall become amount of 1/4 teaspoon (tsp). This qualified lenders are subject to the ineffective in the event that the lender action is necessary to provide borrower rights provisions of title IV of or any other Farm Credit System consistency with the agency’s criteria the Act. institution repurchases the loan or any for determining volume-based versus (b) Loans designated for sale into a interest therein. weight-based reference amounts for all secondary market. (1) Except as (3) The making of a loan may not be product categories. provided in paragraph (b)(2) of this conditioned on the borrower’s consent DATES: Effective January 1, 2000. This section, the borrower rights provisions to its sale and relinquishment of regulation applies to all affected of sections 4.14, 4.14A, 4.14B, 4.14C, statutory borrower rights. products initially introduced or initially 4.14D, and 4.36 of the Act do not apply delivered for introduction into interstate to a loan made on or after February 10, Subpart KÐDisclosure of Loan commerce on or after this date. 1996, that is designated for sale into a Information Voluntary compliance may begin secondary market at the time it is made. (2) If a loan designated for sale under § 614.4367 [Amended] January 2, 1998. Written comments on paragraph (b)(1) of this section is not 3. Section 614.4367 is amended by the information collection provisions sold into a secondary market during the removing paragraph (b) and should be submitted by January 2, 1998. 180-day period that begins on the date redesignating paragraphs (c) through (e) ADDRESSES: Submit written comments of designation, the borrower rights as paragraphs (b) through (d). on the information collection provisions provisions specified as inapplicable Dated: November 24, 1997. to the Office of Information and pursuant to paragraph (b)(1) of this Nan P. Mitchem, Regulatory Affairs, Office of section shall apply, provided that if the Acting Secretary, Farm Credit Administration Management and Budget (OMB), New loan is subsequently sold into a Board. Executive Office Bldg., 725 17th St. secondary market, the borrower rights specified in paragraph (b)(1) of this no doubt that Congress intended to include the section 4.36 borrower’s right of first refusal among i section become inapplicable beginning Pub. L. 104–105 (February 10, 1996). the borrower rights that become inapplicable when on the date of the subsequent sale. ii Generally, for each loan made by a qualified a loan is designated for sale into a secondary (c) Other loan sales. (1) Except for lender, a borrower is subject to minimum stock market. This is consistent with section 8.9(a) of the loans sold to another Farm Credit purchase requirements of 2 percent of the loan or Act, which specifically exempts loans pooled under $1,000, whichever is less. The borrower rights title VIII from section 4.36 borrower rights. institution or designated for sale into a provisions of the Act impose certain disclosure and However, section 208 of the 1996 Act did not secondary market, a qualified lender other obligations on lenders. amend the introductory paragraph of section must comply with one of the following iii The specific borrower rights under the Act that 4.14A(a), which limits the applicability of the two requirements before selling a loan are affected by the section 4.14A definitional section’s definitions to those ‘‘used in this part [C change include reconsideration of actions (sec. of title IV].’’ Since section 4.36 is located in part or interest in a loan that is subject to the 4.14), restructuring distressed loans (sec. 4.14A), G (‘‘Miscellaneous’’) of title IV, it could technically borrower rights provisions of title IV of effect of restructuring on borrower stock (sec. be argued that the amended definition of ‘‘loan’’ the Act: 4.14B), review of restructuring denials (sec. 4.14C), does not apply to section 4.36. Notwithstanding this (i) Include provisions in the contract protection of borrowers who meet all loan apparent drafting inconsistency, the FCA believes obligations (sec. 4.14D), and right of first refusal Congressional intent is clear and interprets the 1996 with the borrower, or a written (sec. 4.36). Act to exempt loans designated for sale into a modification thereto, that ensure that As enacted, the language of section 208 of the secondary market from the section 4.36 borrower’s the purchaser of the loan will be 1996 Act amending the definition of ‘‘loan’’ leaves right of first refusal. 63648 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

NW., rm. 10235, Washington, DC 20503, B. Petition to Modify the Reference or more comments. Two responses were Attn: Desk Officer for FDA. Amount for Salt Products received before and two after the close of the comment period. The two late FOR FURTHER INFORMATION CONTACT: In November of 1993, FDA received a comments discussed data and reiterated Ellen M. Anderson, Center for Food petition requesting that it change the reference amount for salt from a weight- arguments contained in other Safety and Applied Nutrition (HFS– comments. 165), Food and Drug Administration, based reference amount of ‘‘1 g’’ to a 200 C St. SW., Washington, DC 20204, density-adjusted reference amount to be A. Consumer Study of Consumption 202–205–5662. listed as ‘‘x g - 1/4 tsp.’’ The petition Patterns of Regular Versus Low-Density included the results of a consumer Salt SUPPLEMENTARY INFORMATION: study of consumption patterns of 1. One comment noted that the I. Background regular salt and low-density salt and original questionnaires from the analytical data comparing the physical consumer study submitted by the A. The Nutrition Labeling and properties (including density) of regular petitioner were no longer available, so Education Act of 1990 salt and low-density salt. an independent assessment of the data In response to a request from the is no longer possible. The comment On November 8, 1990, Congress agency, the petitioner submitted objected to using results and relying on passed the Nutrition Labeling and supplemental materials consisting of conclusions that were based on Education Act (the 1990 amendments). information regarding the protocol, data summaries of the questionnaires. This statute amended the Federal Food, tabulation, and results of the consumer Before acting on the petition, FDA Drug, and Cosmetic Act (the act) in study it had submitted, including an specifically requested and received section 403(q)(1)(A)(i) to require that independent evaluation of the results additional study data and summary virtually all foods bear nutrition and conclusions. tables that were not contained in the information that is based on a serving FDA received one comment original petition (Docket 93P–0448/REF size that reflects the amount of food that requesting that the agency reject the 1) 1. The agency reviewed the study data is customarily consumed and that is petition. The comment argued against and assessed the quality of the study expressed in a common household granting the petition, questioned the design and the independent verification measure appropriate to the food (21 consumer study data, and disagreed process. The agency tentatively U.S.C. 343(q)(1)(A)(i), added to the act with the results and conclusions concluded that the consumer research by section 2(a) of the 1990 contained in the petition. The agency was a reasonably well-controlled amendments). The new law also received comments from the petitioner experiment that met the scientific directed FDA to adopt regulations that that responded to the arguments standards for the type of studies that can establish standards to define serving presented in this comment. be used to determine household salt sizes (section 2(b)(1)(B) of the 1990 After reviewing the information in the consumption2 (Ref. 1). amendments). petition, the supplemental submission, The study was conducted in 1982 by and the comments, FDA determined an independent company (Ref. 1). After extensive notice-and-comment that the petitioner had made a prima- Furthermore, the study results were rulemaking, the agency published final facie case that a volume-based reference authenticated by a separate marketing rules implementing the 1990 amount of 1/4 tsp for salt is more consulting firm and by an independent amendments. In part, these rules appropriate than the weight-based consultant. Section 101.12(h) does not established ‘‘reference amounts reference amount of 1 g that FDA require submission of raw data customarily consumed per eating adopted in 1993. Therefore, in questionnaires for serving size petitions. occasion’’ (reference amounts) for use accordance with 21 CFR 10.30(e)(2)(i), The agency is satisfied with these salt by industry as the basis for serving sizes in the Federal Register of July 21, 1995 consumption data and results because for most foods. With regard to salt (60 FR 37616), FDA issued a proposed the data were independently gathered products, the agency concluded that 1 g rule (hereinafter referred to as ‘‘the and compiled, and the study results was the appropriate reference amount proposed rule on salt products’’) to were independently verified. The for ‘‘Salt, salt substitutes, seasoning salts change the reference amount for ‘‘Salt, comment presented no basis for (e.g., garlic salt)’’ (58 FR 2229 at 2297, salt substitutes, seasoning salts (e.g., questioning the work done on the study. January 6, 1993). garlic salt)’’ from a weight-based The agency concludes that the absence of the original questionnaires is In addition, in discussing a different reference amount of ‘‘1 g’’ to a volume- based reference amount of ‘‘1/4 tsp.’’ not significant, and that it is appropriate food category, FDA outlined the to rely on the results of the consumer circumstances in which a weight-based The agency requested comments on whether low-density salt products study to represent consumption of reference amount would not adequately should be required to disclose clearly regular and low-density salts. reflect the amount of food customarily that they contain more air than 2. One comment objected to the short- consumed per eating occasion conventional or regular salt products, term (3 weeks) nature of the consumer (Comment 20, 58 FR 2229 at 2238). The and, if so, on what kind of descriptive agency stated that weight-based terms would convey this information in 1 The agency filed these materials in Docket 93P– reference amounts are not appropriate 0448, where they are identified as ‘‘REF 1.’’ As a manner that is clear and discussed further in section II.D. of this document, when foods within a product category nonmisleading for consumers. Exhibit E was removed from the original vary considerably in density, i.e., there This final rule responds to the submission. is a density difference of 25 percent or comments FDA received in response to 2 In this document, the agency is citing relevant more among the products in the material to Serving Sizes; Reference Amount for the proposed rule on salt products. Salt and Salt Substitutes, Seasoning Salts (e.g., category (see § 101.12(e) (21 CFR Garlic Salt) that originally appeared in Ref. 2 of the 101.12(e))), and when the customarily II. Review of Comments proposed rule on salt products that appeared in the consumed amounts for different FDA received and reviewed four Federal Register of July 21, 1995 (60 FR 37616 at 37620). (See Docket No. 93P–0448.) For the products are more uniform when responses to the proposed rule on salt convenience of the reader the materials are expressed in volume than in weight. products, each of which contained one contained in ‘‘Ref. 1’’ of this document. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63649 study, suggesting that it is likely that comparisons did not support the expressed in terms of volume than in some consumers newly exposed to a conclusions desired by the study’s terms of weight. The comment also low-density salt product would initially sponsor. objected to FDA’s policy of establishing use less (by habit) and, eventually, FDA does not agree that the petitioner volume-based reference amounts could adjust the amount used to attain submitted data from two studies, or that whenever a 25-percent density variance the desired salt flavor. The comment the data from separate studies were is established by the manufacturer of a suggested that the adjustment period incorrectly combined. The agency notes single product. The comment contended may not occur quickly and could be that in 1982, the petitioner conducted that this policy is an invitation to any sufficient to distort the results of a 3- one study of 320 households of salt food manufacturer to extend a product week study. users, using a multi-level design. The with 25 percent or more air and thereby In an agency review of the petition, comment misinterpreted the two levels to become eligible for special regulatory FDA considered concerns about the of the research design to be two separate treatment. length of the study (a 6-week study studies. On one level of the design, data Another comment supported a period consisting of two consecutive 3- from 208 households in the sample were volume-based reference amount for salt, week periods, with each household used to compare consumption of low- noting that some seasoning salts that are receiving low-density salt during one of density salt that was labeled as regular lighter in density than regular salt must the two 3-week periods) (Ref. 1). FDA salt to consumption of regular salt declare the serving size as ‘‘1/2 tsp.’’ considered the possibility that a 3-week labeled as such. On another level, data The comment stated that the proposed period might not be sufficient to from 112 of the households in the change to ‘‘1/4 tsp’’ would ‘‘make estimate long term change in salt sample were used to compare seasoning salt usage more consistent consumption when using a low-density consumption of low-density salt that overall regardless of the density of the salt product, and that salt consumption was labeled as reduced-sodium salt to salt or salt blend,’’ would standardize might change over a longer time period. consumption of low-density salt that information for spices and seasonings, The agency noted in the review that was labeled as regular salt. Thus, the and would be consistent with the the test product ratings revealed that the study provided data describing current reference amount for spices and participants in the study did not report consumption of three forms of salt: (1) herbs (which is 1/4 tsp or 0.5 g if not a sense of deprivation when using the Low-density salt labeled as reduced- measurable by tsp). The comment did low-density salt that would cause them sodium salt; (2) low-density salt labeled not provide data to support the density to increase the volume of salt they as regular salt; and (3) regular salt differences among various seasoning consumed (Ref. 1). Consumption of both labeled as such. salts. regular and low-density salts increased Based on the study results, FDA has The 1990 amendments require that substantially over the course of the determined that the available data and nutrition information be based on a study (Ref. 1). The increases in information are adequate to verify that serving size that reflects the amount of consumption of the two types of salt all data that describe consumption of food customarily consumed, expressed were not significantly different. low-density salt are similar and are in a common household measure The comment did not take issue with considerably lower on a weight basis appropriate to the food. As stated in the any of these findings of the study. The than those that describe consumption of final rule on serving sizes (Comment 20, comment merely made general regular salt. The data show that, for 320 58 FR 2229 at 2238), FDA used weight- allegations about the length of the study households, the average amounts based reference amounts except in those and its ability to make valid findings. consumed per household over the 3- instances in which it was demonstrably FDA finds no merit to these general week period of the survey were as inappropriate to do so. The agency allegations given the findings of the follows: (1) 170.51 g for low-density salt outlined the circumstances in which a study. Both the absence of a sense of labeled as reduced-sodium salt; (2) weight-based reference amount would deprivation in those using the low- 168.8 g for low-density salt labeled as not adequately reflect the amount of density salt and the fact that the regular salt; and (3) 285.75 g for regular food customarily consumed per eating increase in consumption of low-density salt labeled as such. The petitioner occasion. FDA provided for volume- salt was consistent with the increase in stated, and FDA verified, that based reference amounts in cases in consumption of regular salt suggest that participants used significantly less (41 which: (1) The product can easily be the level of consumption of this product percent) low-density salt than regular measured by volume; (2) the density of is likely to persist. Therefore, FDA can salt. foods within the product category varies find nothing in this study to support the Thus, FDA concludes that there was widely; and (3) the amount customarily view that its results were not a single study that provided adequate consumed is more uniform when representative of long-term use of low- data to determine comparative expressed as a volume than as a weight. density salt. consumption of low-density salt and For products meeting these criteria, 3. One comment stated that the regular salt, and that the procedures volume-based reference amounts ensure petitioner sponsored two studies and used in analysis of the data were valid. that serving sizes will more accurately combined the data to determine the reflect the amounts customarily amount of low-density salt used. The B. Weight-Based Versus Volume-Based consumed in accordance with the comment asserted that, by combining Reference Amount for Salt, Salt requirements of the statute. the data from two studies, the Substitutes, Seasoning Salts (e.g., Garlic FDA has applied this approach to all consumption figures for each individual Salt) products that meet the three criteria study have been irretrievably blended, 4. One comment objected to using the listed previously (e.g., to mixed dishes and the amounts of low-density salt findings of the consumer study as the measurable with a cup (Comment 20, 58 used in each of the two separate studies basis for changing from a weight-based FR 2229 at 2238), to peanut butter are not available. The comment stated to a volume-based reference amount. (Comment 108, 58 FR 2229 at 2263), and that FDA should be concerned about The comment stated that conclusions to waffles (Comment 138, 58 FR 2229 at this unconventional handling of data drawn from the data submitted in the 2263)). This policy provides for serving because reporting combined data petition do not demonstrate that salt sizes that accurately reflect suggests that direct consumption consumption is more uniform when consumption, the regulatory standard. It 63650 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations does not represent special regulatory that: (1) Many shoppers (56 percent) volume of low-density salt. These data treatment of aerated food products as modify recipes, and more than half cook were ambiguous. Findings, which were one comment asserted. without recipes at times; (2) table salt included in the comment, showed that As stated in the proposed rule on salt practices vary with some people adding while some participants rated the products (60 FR 37616 at 37618) and salt before tasting (by habit) and some biscuits and eggs made with regular salt acknowledged in the comments, salt adding salt after tasting (to taste); (3) as more salty, many reported no products can be measured by volume. when people were restricted from using difference in taste, and some rated the Furthermore, the density difference table salt, some compensated by products made with low-density salt as between regular salt and low-density increasing the salt added during having a more desired, ‘‘moderate’’ salty salt is significant (33 percent) and cooking; and (4) when individuals were taste. demonstrates that the densities of provided meals containing little or no Based on the studies and articles cited products within the category vary salt, the table salt usage increased. previously, when consumers at home widely. The comment also objected to use recipes similar to those used for the In determining whether people statements made by the petitioner test panel, it is likely that some people consume similar volumes, rather than comparing solubility and taste of regular will alter the recipes to produce the similar weights, of regular and low- salt and low-density salt. The comment level of ‘‘saltiness’’ desired, which density salt, FDA first considered the noted that the petitioner submitted no would support a weight-based reference consumer study data submitted. FDA sensory data with the petition. The amount. However, others will be likely reviewed the mean and standard error comment included study data from a to prepare the recipes as directed and for the consumption of regular salt taste panel that showed that four out of thus will consume the same number of labeled as such, low-density salt labeled five respondents reported that biscuits biscuits regardless of which salt is used as regular salt, and low-density salt and scrambled eggs made with regular in their preparation, which would labeled as reduced-sodium salt (Ref. 1). salt tasted saltier than biscuits and support a volume-based reference The agency noted that, on a per scrambled eggs made with the same amount. household basis, consumption of the volume of low-density salt. FDA considered sensory (e.g., taste) low-density salt product was 41 percent The comment concluded that nothing issues in terms of their impact on lower by weight than consumption of was presented in the petition to alter the consumption, the statutory standard. the regular salt product. Because low- logic of FDA’s initial determination that FDA agrees that sensory attributes (e.g., density salt is 33 percent lower in people use ingredients such as salt or taste) may affect the amounts of regular density than regular salt, FDA sugar ‘‘to attain the level of sweetness or and low-density salt used. However, the calculated that consumption of the low- saltiness they desire’’ (58 FR 2229 at articles and studies submitted with the density salt product was 11 percent 2260). The comment concluded that the comments and the study data from the lower by volume than consumption of reference amount for salt products taste panel are ambiguous and can be the regular salt product (Ref. 2). Thus, should be based on weight to maintain interpreted to support salt use either by because the percent discrepancy is less the same level of saltiness. weight or by volume. Thus, FDA on a volume basis than on a weight FDA has reviewed the studies, concludes that the sensory data are basis (11 percent versus 41 percent), the articles, and cookbook information cited inconclusive in demonstrating whether study data support that salt in the comments. It appears that there similar weights or similar volumes of consumption is more consistent when is considerable variability in how regular and low-density salt are expressed on a volume rather than on a consumers use salt. The information customarily consumed. weight basis. supports that some consumers do salt or Based on the standard that FDA cook ‘‘to taste’’ (Refs. 3 through 5). C. Descriptive Labeling to Differentiate established in 1993 on whether to use People who salt to taste (e.g., tasting Salt and Low-Density Salt a weight-based or a volume-based soup during preparation) are likely to In the proposed rule on salt products reference amount and on the consumer use similar weights of low-density salt (60 FR 37616 at 37619), FDA requested study data that were not available to the and regular salt. A weight-based comments on whether low-density salt agency in 1993, FDA concludes that a reference amount would accurately products should be required to clearly volume-based reference amount is reflect this type of use. disclose that they contain more air than appropriate for salt, salt substitutes, and However, the same information conventional salt products. The agency seasoning salts because, in addition to supports that other consumers salt ‘‘by noted that § 101.12(e), which applies to the fact that salt products can be habit’’ (e.g., two shakes of a salt shaker) discrete products like waffles, requires measured by volume and vary widely in or cook according to recipe directions that the aerated version bear a density, such a reference amount more (e.g., by volume as specified in a recipe) descriptive term indicating that air has accurately reflects consumption of salt (Refs. 3 through 5). These people would been incorporated (e.g., whipped, and salt products and provides greater be likely to use similar volumes of low- aerated). FDA stated that some product consistency in the labeling of all salts, density salt and regular salt because categories that have volumetric salt substitutes, seasoning salts, spices, measurements of salt in recipes are reference amounts contain products and herbs. specified by volume, and because the with common or usual names that 5. One comment stated that, although amount of salt delivered by salt shakers clearly indicate that air has been most recipes and cookbooks list specific (i.e., the number of granules) is strongly incorporated into the product (e.g., volume measurements for salt, other influenced by the hole size of the salt whipped peanut butter, whipped recipes and cooking instructions state shaker (Ref. 5). A volume-based dessert topping). Some products in that the user should ‘‘salt to taste’’ or reference amount would accurately other product categories with ‘‘correct the seasoning.’’ The comment reflect these types of uses. volumetric reference amounts do not included several articles and studies FDA also reviewed the taste panel bear such descriptive terms (e.g., supporting FDA’s initial position that a study data that were submitted in the pudding, ice cream). weight-based reference amount is comment comparing the taste of biscuits The agency stated that because regular appropriate because many consumers and eggs made with regular salt to that salt and low-density salt have similar salt ‘‘to taste.’’ These studies indicated of biscuits and eggs made with the same appearances, terms such as ‘‘whipped Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63651 salt’’ or ‘‘aerated salt’’ could be removed from the supplemental differences among products within the confusing to consumers. Therefore, FDA materials before filing the materials in same product category are significant, requested comments on what kind of the docket, need to be made publicly FDA concludes that it is appropriate for descriptive terms would be clear and available to ensure informed comment the reference amount for salt and salt nonmisleading for consumers. before any final action is taken. products to be expressed as a volume 6. One comment stated that some kind All relevant data and information rather than as a weight. Therefore, the of differential labeling (e.g., ‘‘aerated were included as part of the public agency is changing the reference amount salt’’ or ‘‘fluffed salt’’) should be record. The agency does not agree that for salt and salt products in § 101.12(b), required to prevent misbranding and to materials pertaining to marketing Table 2, from ‘‘1 g’’ to ‘‘1/4 tsp.’’ allow consumers to make an informed strategies (Exhibit E in the supplemental purchasing decision. materials) needed to be made publicly IV. Effective Date FDA agrees that descriptive labeling is available to ensure informed comment. Compliance with this final regulation, needed on low-density salt to ensure The material contained in Exhibit E including any required labeling that consumers understand how this does not contain any information changes, may begin January 2, 1998, and product differs from regular crystalline relevant to a decision on the all affected products initially introduced salt and are fully informed about determination of a reference amount or initially delivered for introduction important product characteristics. and serving size for salt products, and into interstate commerce on or after Section 101.3 (21 CFR 101.3) establishes the agency did not use any of the January 1, 2000, shall fully comply. requirements for the statement of material contained in Exhibit E during V. Environmental Impact identity of a food. Section 101.3(c) its deliberations. Marketing strategies requires that when a food is marketed in fall within the definition of confidential The agency has previously considered various optional forms, the particular commercial information (e.g., valuable the environmental effects of this rule as form shall be considered to be a data or information which is used in announced in the proposed rule on salt necessary part of the statement of one’s business and is of a type products (60 FR 37616 at 37619). No identity. Terms such as ‘‘low-density customarily held in strict confidence or new information or comments have salt’’ or ‘‘flaked salt crystals’’ would regarded as privileged). Thus, these been received that would affect the meet these requirements because they materials are not available for public agency’s previous determination that describe the characteristic that disclosure under 21 CFR 20.61. there is no significant impact on the distinguishes low-density salt from human environment and that an regular crystalline salt. This information III. The Final Regulation environmental impact statement is not must appear as part of the statement of FDA determined in 1993 that volume- required. identity on the principal display panel based reference amounts are appropriate VI. Analysis under Executive Order under § 101.3. when: (1) Products are bulk products As stated in the second paragraph of that can be measured by volume (final 12866 section II.C of this document, FDA rule for serving sizes, comment 20, 58 FDA has examined the economic expressed concern in its proposed rule FR 2229 at 2238; and comment 108, 58 implications of the final rule as required on salt products, that, because low- FR 2229 at 2263); (2) there are by Executive Order 12866. Executive density salt looks similar to regular salt, significant differences in densities Order 12866 directs agencies to assess some terms (e.g., ‘‘aerated’’ or among the products within a product all costs and benefits of available ‘‘whipped’’) might be confusing to category, such that a range of densities regulatory alternatives and, when consumers. However, if manufacturers are represented within the product regulation is necessary, to select the conduct consumer studies that category (see discussions on aerated regulatory approach which maximizes demonstrate that terms such as products (§ 101.12(e)) and peanut butter net benefits (including potential ‘‘aerated,’’ ‘‘fluffed,’’ or ‘‘whipped’’ are (final rule for serving sizes, 58 FR 2229 economic, environmental, public health understood by consumers as at 2263)); and (3) the amount and safety effects; distributive impacts; distinguishing low-density salt from customarily consumed is more uniform and equity). Executive Order 12866 regular salt, these additional terms or when expressed in terms of volume; that classifies a rule as significant if it meets descriptions could also be used. FDA is, there is some indication or likelihood any one of a number of specified concludes that the statement of identity that similar volumes, rather than similar conditions, including having an annual for a low-density salt product must not weights, of both low- and high-density effect on the economy of $100 million be false or misleading and must include products within the same product or adversely affecting in a material way a description of the form of the salt. If category are customarily consumed a sector of the economy, competition, or a product does not bear such a (proposed and final rules for serving jobs, or if it raises novel legal or policy statement of identity, it would be sizes, 56 FR 60394 at 60406, November issues. FDA finds that this final rule is subject to regulatory action under 27, 1991; and 58 FR 2229 at 2238). not a significant rule as defined by section 403(i)(1) of the act. Although the sensory data, discussed Executive Order 12866. in section II.B of this document, FDA received one comment which D. Marketing Strategy Information indicate that there is variability in how objected to the agency’s tentative 7. One comment stated that some of salt products are used, the evidence finding that there is no cost to industry. the relevant data were not included as from the consumer study of The comment explained that some part of the public record. The comment consumption patterns for regular and labels would need to be modified and noted that a volume-based reference low-density salt, outlined and discussed requested a 1 year phase in period to amount accommodates a misleading in sections II.A and B of this document, allow industry to exhaust current label marketing strategy for low-density salt. supports that people consume more inventories. Consequently, the comment contended similar volumes than weights of salt FDA agrees that some labels will need that the materials contained in Exhibit products. Because of this fact and the to be modified at a small cost to E of the supplemental materials1, which facts that the products within the industry—approximately $600 per label were identified as pertaining to category can be measured on average. Based on information marketing strategies and which were volumetrically, and the density submitted by the comment, there are 63652 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

167 labels that will need to be relabeled VIII. The Paperwork Reduction Act of Description: Section 403(q)(1)(A) and as a result of this rule (Ref. 6). Although 1995 (q)(1)(B) of the act requires that the label FDA recognizes that there may be more This final rule contains information or labeling of a food bear information items requiring relabeling than those collection requirements that are subject that provides the serving size that is with which the agency is familiar, the review by OMB under the Paperwork appropriate to the food and the number number is not likely to be large. If there Reduction Act of 1995 (44 U.S.C. 3501– of servings per container. FDA has are approximately 200 labels affected by 3520). The title, description, and issued regulations in § 101.9(d)(3) (21 this rule, then the costs will be respondent description of the CFR 101.9(d)(3)) that require the $120,000. information collection requirements are nutrition facts panel on the label of a In the section IV of this document, shown below with an estimate of the food product disclose information on FDA stated that this final rule has a annual reporting and recordkeeping serving size and on servings per compliance date in accordance with the burden. Included in the estimate is the container. FDA has also issued uniform compliance date for food time for reviewing instructions, regulations in § 101.9(b) that provide labeling requirements which is not searching existing data sources, that the serving size shall be determined sooner than 1 year following publication gathering and maintaining the data based upon the ‘‘Reference Amounts of this rule. needed, and completing and reviewing Customarily Consumed Per Eating each collection of information. VII. Small Entity Analysis FDA invites comments on: (1) Occasion’’ that are prescribed in Whether the proposed collection of § 101.12(b). FDA has examined the economic information is necessary for the proper This final rule revises the value for implications of the final rule as required performance of FDA’s functions, the reference amount customarily by the Regulatory Flexibility Act (5 including whether the information will consumed per eating occasion for the U.S.C. 601–612). If a rule has a have practical utility; (2) the accuracy of food category ‘‘Salt, salt substitutes, significant impact on a substantial FDA’s estimate of the burden of the number of small entities, the Regulatory seasoning salts (e.g., garlic).’’ This value proposed collection of information, is used by food producers to determine Flexibility Act requires agencies to including the validity of the analyze options that would minimize the serving sizes and number of servings methodology and assumptions used; (3) to be listed on packages of salt, salt the economic impact of that rule on ways to enhance the quality, utility, and small entities. substitutes, and seasoning salts (e.g., clarity of the information to be garlic). As a result, manufacturers and FDA is not aware that any of the items collected; and (4) ways to minimize the other producers of certain of these that will require relabeling are produced burden of the collection of information products will be required to change the by small entities, defined as fewer than on respondents, including through the serving sizes and number of servings per 500 employees. Therefore, under the use of automated collection techniques, container that they disclose in the Regulatory Flexibility Act (5 U.S.C. when appropriate, and other forms of nutrition facts panel for their products. 605(b)), the agency certifies that this information technology. final rule will not have a significant Title: Serving Sizes; Reference Description of Respondents: Persons impact on a substantial number of small Amount for Salt, Salt Substitutes, and businesses, including small entities. Seasoning Salts (e.g., Garlic Salt). businesses.

TABLE 1.ÐESTIMATED ANNUAL REPORTING AND RECORDKEEPING BURDEN

No. of Total No. of Re- Hours per Total Operating 21 CFR Section Respondents sponses Response Total Hours Costs

101.12(b) 5 200 1 200 $120,000 There are no capital or maintenance costs associated with this collection of information.

FDA believes that the burden labels for their products. FDA estimates IX. References associated with the disclosure on the that these firms will require an average label of serving size and number of of 1 hour per product to comply with The following references have been servings that would be required by this the requirements of this final rule. placed on display in the Dockets final rule will be a one-time burden Further, as noted in Table 1 of this Management Branch (HFA–305), Food created by the need for firms to have to document, the final rule would result in and Drug Administration, 12420 change the statement of serving size and a one-time operating cost of $120,000. Parklawn Dr., rm. 1–23, Rockville, MD number of servings on the labels for 20857, and may be seen by interested their products. Because firms already In compliance with section 3507(d) of persons between 9 a.m. and 4 p.m., list the serving size for salt, salt the Paperwork Reduction Act of 1995 Monday through Friday. substitutes, and seasoning salts (e.g., (44 U.S.C. 3507(d)), the agency has 1. Memorandum from Brenda M. Derby, garlic) in terms of ‘‘1/4 teaspoons,’’ FDA submitted the information collection CFSAN, FDA, to Ellen M. Anderson, CFSAN, believes that the only firms that will requirements of this final rule to OMB FDA, June 20, 1994. have to revise their labels as a result of for review. Interested persons are 2. Bender, Mary M., and Ellen M. the regulation codified in this document requested to send comments regarding Anderson, memorandum to file, August 28, are those that market low-density salt information collection by January 2, 1997. products. As noted in Table 1 of this 1998, to the Office of Information and 3. Mittelmark, Maurice B., and Barbara document, FDA estimates that there are Regulatory Affairs, OMB (address Sternberg, ‘‘Assessment of Salt Used at the less than five firms producing salt, salt above), ATTN: Desk Officer for FDA. Table: Comparison of Observed and Reported substitutes, and seasoning salts (e.g., Behavior,’’ American Journal of Public garlic) that will need to change the Health, 75:1215–1216, 1985. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63653

4. Gilbert, Linda, contributing ed., ‘‘Leisure Therefore, under the Federal Food, 2. Section 101.12 is amended in Cooking Still Popular,’’ Food R & D, February Drug, and Cosmetic Act and under paragraph (b), in Table 2, under the 1985. authority delegated to the Commissioner ‘‘Product category’’ column, under the 5. Greenfield, H., J. Maples, and R. B. H. Wills, ‘‘Salting of Food—A Function of Hole of Food and Drugs, 21 CFR part 101 is ‘‘Miscellaneous Category’’ by revising Size and Location of Shakers,’’ Nature, amended as follows: the entry for ‘‘Salt, salt substitutes, 301:331, 1983. seasoning salts (e.g., garlic salt)’’ to read 6. Letter from Marlene L. McKone, PART 101ÐFOOD LABELING as follows: McCormick & Company, Inc., to Ellen M. Anderson, CFSAN, FDA, September 26, 1. The authority citation for 21 CFR § 101.12 Reference amounts customarily 1997. part 101 continues to read as follows: consumed per eating occasion. List of Subjects in 21 CFR Part 101 Authority: 15 U.S.C. 1453, 1454, 1455; 21 * * * * * U.S.C. 321, 331, 342, 343, 348, 371. Food labeling, Nutrition, Reporting (b) * * * and recordkeeping requirements.

TABLE 2.ÐREFERENCE AMOUNTS CUSTOMARILY CONSUMED PER EATING OCCASION: GENERAL FOOD SUPPLY1, 2, 3, 4

Product category Reference amount Label statement5

******* Miscellaneous category: ******* Salt, salt substitutes, seasoning salts (e.g., garlic salt)...... 1/4 tsp ...... 1/4 tsp (ll g); ll piece(s) (ll g) for discrete pieces (e.g., individually packaged products). ******* 1 These values represent the amount (edible portion) of food customarily consumed per eating occasion and were primarily derived from the 1977±1978 and the 1987±1988 Nationwide Food Consumption Surveys conducted by the U.S. Department of Agriculture. 2 Unless otherwise noted in the Reference Amount column, the reference amounts are for the ready-to-serve or almost ready-to-serve form of the product (i.e, heat and serve, brown and serve). If not listed separately, the reference amount for the unprepared form (e.g., dry mixes; con- centrates; dough; batter; fresh and frozen pasta) is the amount required to make the reference amount of the prepared form. Prepared means prepared for consumption (e.g., cooked). 3 Manufacturers are required to convert the reference amount to the label serving size in a household measure most appropriate to their spe- cific product using the procedures in 21 CFR 101.9(b). 4 Copies of the list of products for each product category are available from the Office of Food Labeling (HFS±150), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 200 C St. SW., Washington, DC 20204. 5 The label statements are meant to provide guidance to manufacturers on the presentation of serving size information on the label, but they are not required. The term ``piece'' is used as a generic description of a discrete unit. Manufacturers should use the description of a unit that is most appropriate for the specific product (e.g., sandwich for sandwiches, cookie for cookies, and bar for ice cream bars). The guidance provided is for the label statement of products in ready-to-serve or almost ready-to-serve form. The guidance does not apply to the products which require further preparation for consumption (e.g., dry mixes, concentrates) unless specifically stated in the product category, reference amount, or label statement column that it is for these forms of the product. For products that require further preparation, manufacturers must determine the label statement following the rules in § 101.9(b) using the reference amount determined according to § 101.12(c).

* * * * * SUMMARY: The Food and Drug and Drug Administration, 200 C St. SW., Dated: November 20, 1997. Administration (FDA) is announcing its Washington, DC 20204, 202–205–5483. William K. Hubbard, decision to amend the regulation that SUPPLEMENTARY INFORMATION: authorizes a health claim on sugar Associate Commissioner for Policy I. Background Coordination. alcohols and dental caries to include the sugar alcohol erythritol among the [FR Doc. 97–31462 Filed 12–1–97; 8:45 am] In the Federal Register of July 9, 1997 substances that may be the subject of the (62 FR 36749), the agency proposed to BILLING CODE 4160±01±F claim. Based on its review of evidence amend the regulation that authorizes a submitted with a comment on the health claim on sugar alcohols and DEPARTMENT OF HEALTH AND proposal, and the evidence described in dental caries (§ 101.80 (21 CFR 101.80)) HUMAN SERVICES the proposal, the agency has concluded to include the sugar alcohol erythritol that there is significant scientific among the substances that may be the Food and Drug Administration agreement that erythritol does not subject of the claim. FDA issued the promote dental caries. Therefore, FDA proposed rule in response to a petition 21 CFR Part 101 has decided to amend the sugar alcohol filed under section 403(r)(3)(B)(i) and and dental caries health claim to (r)(4) of the Federal Food, Drug, and [Docket No. 97P±0206] include erythritol. FDA is announcing Cosmetic Act (the act) (21 U.S.C. this action in response to a petition filed 343(r)(3)(B)(i) and (r)(4))). Section Food Labeling: Health Claims; Dietary by the Cerestar Holding B.V., Mitsubishi 403(r)(3)(B)(i) of the act states that the Sugar Alcohols and Dental Caries Chemical Corp., and Nikken Chemicals Secretary of Health and Human Services Co. (the petitioners). (and, by delegation, FDA) shall issue AGENCY: Food and Drug Administration, EFFECTIVE DATE: December 2, 1997. regulations authorizing health claims HHS. FOR FURTHER INFORMATION CONTACT: only if he or she determines, based on Joyce J. Saltsman, Center for Food Safety the totality of publicly available ACTION: Final rule. and Applied Nutrition (HFS–165), Food scientific evidence (including evidence 63654 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations from well-designed studies conducted Based on the available evidence, FDA a sector of the economy, competition, or in a manner which is consistent with tentatively concluded that the use of jobs, or if it raises novel legal or policy generally recognized scientific erythritol in food is safe and lawful, and issues. FDA finds that this rule is not a procedures and principles), that there is that this substance meets the plaque pH significant rule as defined by Executive significant scientific agreement, among and other requirements of § 101.80. Order 12866. experts qualified by scientific training Consequently, FDA proposed to amend The authorization of health claims and experience to evaluate such claims, § 101.80(c)(2)(ii)(B) to include erythritol about the relationship between that the claim is supported by such as one of the sugar alcohols that is erythritol and dental caries results in evidence (see also § 101.14(c) (21 CFR eligible to bear the sugar alcohol and either costs or benefits only to the extent 101.14(c))). Section 403(r)(4) of the act dental caries health claim. FDA did not that food manufacturers elect to take sets out the procedures that FDA is to propose to make any other changes to advantage of the opportunity to use the follow in health claim rulemakings. § 101.80. claim. This rule will not require that Section 101.80(c)(2)(ii) sets out the In response to the proposal, the any labels be redesigned, or that any circumstances in which a sugar alcohol agency received one comment from a product be reformulated. is eligible to be the subject of a health manufacturer. The comment supported This final health claim will allow claim. Section 101.80(c)(2)(ii)(A) states the proposed amendment to § 101.80 to manufacturers to highlight the benefits that the food must meet the requirement include erythritol. of the sugar alcohol erythritol in for a sugar free food set out in 21 CFR Given the absence of any evidence to addition to other sugar alcohols for 101.60(c)(1)(i). Section the contrary, FDA is confirming the which FDA has already approved a 101.80(c)(2)(ii)(B) lists the sugar tentative conclusions that it reached in health claim. The benefit of establishing alcohols that are eligible to bear the the proposal. Based on these this health claim is to provide for new claim, xylitol, sorbitol, mannitol, conclusions, FDA is amending § 101.80 information in the market regarding the maltitol, isomalt, lactitol, hydrogenated to add erythritol to the substances listed relationship of erythritol and dental starch hydrolysates, hydrogenated in § 101.80(c)(2)(ii)(B) that may be the caries and to provide consumers with glucose syrups, or a combination of subject of the claim. the assurance that this information is these. Section 101.80(c)(2)(ii)(C) states II. Environmental Impact truthful, not misleading, and scientifically valid. that: The agency has previously considered When fermentable carbohydrates are the environmental effects of this rule as IV. Small Entity Analysis present in the sugar alcohol-containing food, the food shall not lower plaque pH below 5.7 announced in the proposed rule (62 FR FDA has examined the impacts of the by bacterial fermentation either during 36749). The proposed rule incorrectly final rule under the Regulatory consumption or up to 30 minutes after cited a claim of categorical exclusion Flexibility Act (5 U.S.C. 601–612). If a consumption as measured by the indwelling under previous 21 CFR 25.24(a)(11). The rule has a significant impact on a plaque pH test found in ‘‘Identification of agency reviewed the information substantial number of small entities, the Low Caries Risk Dietary Components,’’ * * * submitted by the petitioner in an Regulatory Flexibility Act requires which is incorporated by reference * * * . environmental assessment prepared agencies to analyze regulatory options At the time that it adopted § 101.80, under 21 CFR 25.31a(b)(5). Based on that would minimize the economic the agency stated that for other sugar this information, the agency determined impact of that rule on small entities. alcohols to be included in that there is no significant impact on the Small entities will incur costs only if § 101.80(c)(2)(ii)(B), a petitioner must human environment and that an they opt to take advantage of the show how the substance conforms to the environmental impact statement is not marketing opportunity presented by this requirements of §§ 101.14(b) and 101.80 required. No new information or regulation. FDA cannot predict the (61 FR 43433 at 43442, August 23, comments have been received that number of small entities that will 1996). FDA stated ‘‘For those substances would affect the agency’s previous choose to use the claim. However, no that are to be consumed at other than determination. The agency’s finding of firm, including small entities, will decreased dietary levels, the petitioner no significant impact and the evidence choose to bear the cost of redesigning must demonstrate to FDA’s satisfaction supporting that finding, contained in an labels unless they believe that the claim that the substance is safe and lawful environmental assessment, may be seen will result in increased sales of their under the applicable food safety in the Dockets Management Branch product. Therefore, this rule will not provisions of the act (§ 101.14(b)(3)(ii)).’’ (address above) between 9 a.m. and 4 result in either a decrease in revenues Likewise, the petitioner would need to p.m., Monday through Friday. or a significant increase in costs to any provide evidence that the sugar alcohol III. Executive Order 12866 Analysis small entity. Accordingly, under the will not lower plaque pH below 5.7. Regulatory Flexibility Act (5 U.S.C. Therefore, before a claim can be made FDA has examined the impacts of the 605(b)), the agency certifies that this for a new sugar alcohol, it must be final rule under Executive Order 12866. final rule will not have a significant shown to meet the requirements for Executive Order 12866 directs agencies economic impact on a substantial § 101.80. When this is demonstrated, to assess all costs and benefits of number of small entities. FDA will take action to add the available regulatory alternatives and, substance to the list in this regulation, when regulation is necessary, to select V. Paperwork Reduction Act which has been renumbered as the regulatory approach that maximizes This final rule contains no § 101.80(c)(2)(ii)(B) (61 FR 43433 at net benefits (including potential information collection or recordkeeping 43442). economic, environmental, public health requirements under the Paperwork FDA considered the relevant scientific and safety effects; distributive impacts; Reduction Act of 1995 (44 U.S.C. 3501 studies and data presented in the and equity). Executive Order 12866 et seq.) petition as part of its review of the classifies a rule as significant if it meets scientific literature on erythritol and any one of a number of specified VI. References dental caries. The agency summarized conditions, including having an annual The following reference has been this evidence in the proposed rule (62 effect on the economy of $100 million placed on display in the Dockets FR 36749). or adversely affecting in a material way Management Branch (address above) Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63655 and may be seen by interested persons SUMMARY: This interim final rule driver’s license has been withdrawn for between 9 a.m. and 4 p.m., Monday amends the agency’s National Driver cause in any other State. Because the through Friday. Register (NDR) regulations to implement NDR is a nationwide index, chief driver 1. Cerestar Holding B. V., Mitsubishi a recent amendment to the National licensing officials need to submit only a Chemical Corp., and Nikken Chemicals Co., Driver Register Act of 1982, as amended. single inquiry to obtain this ‘‘Petition to amend the regulation for 21 CFR The amendment authorizes the information. 101.80 to authorize a noncariogenicity dental Commandant of the Coast Guard to State chief driver licensing officials health claim for the sugar alcohol erythritol request and receive information from also are authorized under the Act to (1,2,3,4-butanetetrol),’’ April 4, 1997, [CP1]. the National Driver Register (NDR) request NDR information on behalf of List of Subjects in 21 CFR Part 101 regarding the motor vehicle driving other authorized NDR users for transportation safety purposes. The NDR Food labeling, Nutrition, Reporting records of any officer, chief warrant Act authorizes the following entities to and recordkeeping requirements. officer, or enlisted member of the Coast receive NDR information for limited Therefore, under the Federal Food, Guard or Coast Guard Reserve transportation purposes: the National Drug, and Cosmetic Act and under (including a cadet or an applicant for Transportation Safety Board and the authority delegated to the Commissioner appointment or enlistment of any of the Federal Highway Administration for of Food and Drugs, 21 CFR part 101 is foregoing, and any member of a uniformed service who is assigned to accident investigation purposes; amended as follows: the Coast Guard). This interim final rule employers and prospective employers of PART 101ÐFOOD LABELING establishes the procedures for such motor vehicle operators; the Federal individuals to request, and for the Aviation Administration (FAA) 1. The authority citation for 21 CFR Commandant to receive, NDR regarding any individual who holds or part 101 continues to read as follows: information. has applied for an airman’s certificate; Authority: 15 U.S.C. 1453, 1454, 1455; 21 DATES: This interim final rule becomes air carriers regarding individuals who U.S.C. 321, 331, 342, 343, 348, 371. effective on December 2, 1997. are seeking employment with the air carrier; the Federal Railroad 2. Section 101.80 is amended by Comments on this interim final rule are due no later than February 2, 1998. Administration (FRA) and employers or revising paragraph (c)(2)(ii)(B) to read as prospective employers of locomotive follows: ADDRESSES: Written comments should refer to the docket number and be operators; and the U.S. Coast Guard § 101.80 Health claims: dietary sugar submitted (preferably in ten copies) to: regarding any individual who holds or alcohols and dental caries. Department of Transportation—Dockets, who has applied for a license, certificate * * * * * Room PL–401, Nassif Building, 400 of registry, or a merchant mariner’s (c) * * * Seventh Street, S.W., Washington, DC document. The Act also provides that (2) * * * 20590. (Docket hours are from 10:00 individuals can learn whether (ii) * * * a.m. to 5:00 p.m.) information about themselves is on the NDR file and can receive any such (B) The sugar alcohol in the food shall FOR FURTHER INFORMATION CONTACT: Mr. be xylitol, sorbitol, mannitol, maltitol, information. William Holden, Chief, Traffic Records On October 19, 1996, Pub. L. 104–324 isomalt, lactitol, hydrogenated starch and Driver Register Division, NTS–32. was enacted into law. Section 207 of hydrolysates, hydrogenated glucose National Highway Traffic Safety that Act contained an amendment to the syrups, erythritol, or a combination of Administration, 400 Seventh Street, NDR Act of 1982, as amended (49 U.S.C. these. S.W., Washington, DC 20590; telephone 30305), authorizing the Commandant of * * * * * (202) 366–4800 or Ms. Heidi L. the Coast Guard to request and receive Dated: November 21, 1997. Coleman, Assistant Chief Counsel for NDR information regarding any officer, General Law, NCC–30, National William B. Schultz, chief warrant officer, or enlisted Highway Traffic Safety Administration, member of the Coast Guard or Coast Deputy Commissioner for Policy. 400 Seventh Street, S.W., Washington, [FR Doc. 97–31587 Filed 12–1–97; 8:45 am] Guard Reserve (including a cadet or an DC 20590; telephone (202) 366–1834. applicant for appointment or enlistment BILLING CODE 4160±01±F SUPPLEMENTARY INFORMATION: The of any of the foregoing, and any member National Driver Register (NDR) is a of a uniformed service who is assigned central file of information on to the Coast Guard). DEPARTMENT OF TRANSPORTATION individuals whose licenses to operate a motor vehicle have been denied, Procedures for Requesting and National Highway Traffic Safety revoked, suspended, or canceled, for Receiving NDR Information Administration cause, or who have been convicted of The procedures that the Commandant certain serious traffic-related violations, of the Coast Guard would use to receive 23 CFR Part 1327 such as racing on the highways or NDR information on these Coast Guard [Docket No. NHTSA±97±3155] driving while impaired by alcohol or members would be the same as those other drugs. used by the U.S. Coast Guard to receive RIN 2127±AG21 As provided in the NDR Act of 1982, information regarding individuals who as amended, 49 U.S.C. 30301, et seq., hold or who have applied for a license, Procedures for Participating in and State chief driver licensing officials are certificate of registry, or a merchant Receiving Data From the National authorized to request and receive mariner’s document. Driver Register Problem Driver Point information from the NDR for driver The Commandant of the Coast Guard System licensing and driver improvement may not initiate a request for NDR AGENCY: National Highway Traffic purposes. When an individual applies information. Rather, the individual Safety Administration (NHTSA), DOT. for a driver’s license, for example, these member or applicant must do so. To State officials are authorized to request initiate a request, the individual must ACTION: Interim final rule; request for and receive NDR information to either complete, sign and submit a comments. determine whether the applicant’s request for an NDR file search, or 63656 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations authorize the Commandant of the Coast In an effort to establish the procedures Those persons desiring to be notified Guard to request the NDR file search by to permit Coast Guard members to upon receipt of their comments in the completing and signing a written submit requests to the NDR and the docket should enclose, in the envelope consent. The request or written consent Commandant of the Coast Guard to with their comments, a self-addressed must state that NDR records are being receive NDR information as soon as stamped postcard. Upon receiving the requested; state specifically who is possible, these regulatory changes have comments, the docket supervisor will authorized to receive the records; be been made in an interim final rule, return the postcard by mail. dated and signed by the individual (the without prior notice and opportunity for Copies of all documents will be member or applicant); and specifically comment. In addition, the changes made placed in Docket NHTSA–97–3155 in state that the authorization is valid for to the regulation in this interim final Room PL–401, Nassif Building, 400 only one search of the NDR. It must also rule simply reflect the statutory Seventh Street, SW, Washington, DC specifically state that the NDR identifies amendments enacted by Pub. L. 104– 20590. ‘‘probable’’ matches that require further 324. Further, the procedures that have inquiry for verification, that it is been established in this interim final Regulatory Analyses and Notice recommended (but not required) that rule for requesting that NDR information Executive Order 12778 (Civil Justice the Commandant of the Coast Guard be provided to the Commandant of the Reform) verify matches with the state of record, Coast Guard are nearly identical to the and state that individuals have the right procedures already being followed by This interim final rule will not have to request NDR records regarding the States, by airmen, by seamen/ any preemptive or retroactive effect. The themselves to verify the accuracy of any merchant mariners, and by others in the enabling legislation does not establish a information on the file pertaining to field of transportation safety. Those procedure for judicial review of final them. procedures were established by a rules promulgated under its provisions. The Commandant of the Coast Guard rulemaking process during which notice There is no requirement that individuals may receive such information and shall and an opportunity to comment were submit a petition for reconsideration or make the information available to the provided. other administrative proceedings before individual. The Commandant will not NHTSA requests comments on these they may file suit in court. regulatory changes. All comments receive any information that was Executive Order 12866 (Regulatory entered in the Register more than three submitted in response to this document will be considered by the agency. Planning and Review) and DOT years before the date of the request, Regulatory Policies and Procedures unless the information relates to a Following the close of the comment period, NHTSA will publish a revocation or suspension still in effect The agency has determined that this document responding to the comments on the date of the request. action is not a significant regulatory and, if appropriate, will further amend action within the meaning of Executive In accordance with Pub. L. 104–324, the provisions of part 1327. requests to transmit NDR information to Order 12866 or Department of the Commandant are to be submitted Written Comments Transportation Regulatory Policies and through a State chief driver licensing Interested persons are invited to Procedures. The changes in this interim official. Such requests may be submitted comment on this interim final rule. It is final rule merely reflect amendments through the chief driver licensing requested, but not required, that ten contained in Pub. L. 104–324. official of any state that participates in copies be submitted. Accordingly, a full regulatory evaluation the NDR’s Problem Driver Pointer All comments must be limited to 15 is not required. System (PDPS). Currently, all 50 States pages in length. Necessary attachments Regulatory Flexibility Act participate in the NDR PDPS, and the may be appended to those submissions District of Columbia is in the process of without regard to the 15 page limit. (49 In compliance with the Regulatory connecting to the PDPS system. CFR 553.21.) This limitation is intended Flexibility Act (Pub. L. 96–354, 5 U.S.C. The NDR response would be sent to to encourage commenters to detail their 601–612), the agency has evaluated the the chief driver licensing official who primary arguments in a concise fashion. effects of this action on small entities. will provide it to the Commandant and Written comments to the public Based on the evaluation, we certify that will indicate whether a match (probable docket must be received by February 2, this action will not have a significant identification) was found and, if so, the 1998. All comments received before the impact on a substantial number of small response will identify the State in close of business on the comment entities. Accordingly, the preparation of which the full substantive record can be closing date will be considered and will a Regulatory Flexibility Analysis is found (the State of record). The agency be available for examination in the unnecessary. encourages the Commandant to obtain docket at the above address before and Paperwork Reduction Act the substantive data relating to the after that date. To the extent possible, match from the State of record to comments received after the closing There are reporting requirements determine whether the person described date will also be considered. However, contained in the regulation that this rule in the record is in fact the subject the rulemaking action may proceed at is amending that are considered to be individual before taking further action. any time after that date. Following the information collection requirements, as close of the comment period, NHTSA that term is defined by the Office of Interim Final Rule will publish a document responding to Management and Budget (OMB) in 5 This document is published as an the comments and, if appropriate, CFR part 1320. Accordingly, these interim final rule. Accordingly, the NHTSA will amend the provisions of requirements have been submitted changes to part 1327 described above this rule. NHTSA will continue to file previously to and approved by OMB, are fully in effect and binding upon the relevant material in the docket as it pursuant to the requirements of the date of the document’s publication. No becomes available after the closing date, Paperwork Reduction Act (44 U.S.C. further regulatory action by NHTSA is and it is recommended that interested 3501, et seq.). These requirements had necessary to make these changes persons continue to examine the docket been approved through September 30, effective. for new material. 2000, under OMB No. 2127–0001. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63657

National Environmental Policy Act 4. Section 1327.6 is amended by eligible to use the group registration revising paragraph (e)(1) introductory procedure is for the applicant to The agency has analyzed this action text to read as follows: establish two complimentary for the purpose of the National subscriptions of the individual serial Environmental Policy Act of 1969 (42 § 1327.6 Conditions and procedures for title for the Library of Congress. In order other authorized users of the NDR. U.S.C. 4321 et seq.) and has determined to encourage compliance, the that it will not have any significant * * * * * regulations required that the applicant impact on the quality of the human (e) * * * submit a letter to the General Counsel’s environment. (1) To initiate an NDR file check, the Office, stating that the complimentary Executive Order 12612 (Federalism individual who holds or who has subscriptions had been entered. Assessment) applied for a license, certificate of registry, or a merchant mariner’s In administering the group This action has been analyzed in document or the individual who is an registration procedure, the letter accordance with the principles and officer, chief warrant officer, or enlisted submitted has been addressed to the criteria contained in Executive Order member of the Coast Guard or Coast General Counsel’s Office. In the future 12612, and it has been determined that Guard Reserve shall either: this letter should be addressed to: Library of Congress, ‘‘Group Periodicals this action does not have sufficient * * * * * Registration,’’ Washington, D.C. 20540– federalism implications to warrant the Issued on: November 25, 1997. 4161. In the future, the Copyright preparation of a federalism assessment. Ricardo Martinez, Accordingly, the preparation of a Acquisitions Division, will maintain the Administrator, National Highway Traffic file of these letters relating to group Federalism Assessment is not Safety Administration. warranted. registration of serials. Questions or [FR Doc. 97–31436 Filed 12–1–97; 8:45 am] requests for information relating to List of Subjects in 23 CFR Part 1327 BILLING CODE 4910±59±P deposits for group registration of serials Highway safety, Intergovernmental should be directed to the Chief of the relations, National Driver Register, Copyright Acquisitions Division (202) Reporting and recordkeeping LIBRARY OF CONGRESS 707–7125. All other conditions relating requirements. to this procedure will continue without Copyright Office modification. In consideration of the foregoing, chapter III of title 23 of the CFR is 37 CFR Part 202 List of Subjects in 37 CFR Part 202 amended as follows: [Docket No. 97±6] Registration of claims to copyright, PART 1327ÐPROCEDURES FOR Claims to copyright, Copyright Registration of Claims to Copyright: PARTICIPATING IN AND RECEIVING registration. Group Registration of Serials INFORMATION FROM THE NATIONAL Final Regulations DRIVER REGISTER PROBLEM DRIVER AGENCY: Copyright Office, Library of POINTER SYSTEM Congress. In consideration of the foregoing, the ACTION: Final rule; policy Copyright Office is amending part 202 1. The authority citation for Part 1327 announcement. of 37 CFR, chapter II in the manner set is revised to read as follows: forth below. Authority: Pub.L. 97–364, 96 Stat. 1740, as SUMMARY: This announcement notifies amended (49 U.S.C. 30301 et seq.); delegation the public of an amendment that PART 202ÐREGISTRATION OF of authority at 49 CFR 1.50. slightly modifies the administrative CLAIMS TO COPYRIGHT procedures for qualifying to use the 2. Section 1327.3 is amended by group registration of serials option. 1. The authority citation for part 202 redesignating paragraphs (a) through (w) Under the amendment, the letter continues to read as follows: as paragraphs (b) through (x) and by currently addressed to the General adding a new paragraph (a) to read as Authority: 17 U.S.C. 702. Counsel’s Office should instead be follows: addressed to ‘‘Group Periodicals 2. The second sentence of § 1327.3 Definitions. Registration.’’ § 202.3(b)(5)(ii) is revised to read as follows: (a) Any officer, chief warrant officer, EFFECTIVE DATE: December 2, 1997. or enlisted member of the Coast Guard FOR FURTHER INFORMATION CONTACT: § 202.3 Registration of copyright. or Coast Guard Reserve includes a cadet Marilyn Kretsinger, Assistant General * * * * * or an applicant for appointment or Counsel, Copyright GC/I&R, P.O. Box enlistment of any of the foregoing and 70400, Southwest Station, Washington, (b) * * * any member of a uniformed service who D.C. 20024. Telephone: (202) 707–8380. (5) * * * is assigned to the Coast Guard. Telefax: (202) 707–8366. (ii) * * * The letter should be sent to * * * * * SUPPLEMENTARY INFORMATION: In 1990, Library of Congress,‘Group Periodicals the Copyright Office adopted a new § 1327.5 [Amended] Registration,’ Washington, D.C. 20540– registration procedure which permitted 4161. 3. Section 1327.5 is amended by group registration of serial publications removing the period at the end of under certain conditions. 55 FR 50556 * * * * * paragraph (c)(2) introductory text and (1990). This procedure is part of the Dated: November 26, 1997. adding in its place the words ‘‘, or regulations of the Copyright Office at 37 Marilyn J. Kretsinger, regarding any officer, chief warrant CFR Chap. II, §§ 202.3(b)(5) and Assistant General Counsel. officer, or enlisted member of the Coast 202.20(c)(2)(xvii). The primary [FR Doc. 97–31548 Filed 12–1–97; 8:45 am] Guard or Coast Guard Reserve.’’. requirement for an applicant to become BILLING CODE 1410±30±P 63658 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION critical comments are received by recommendations on what the EPA AGENCY January 2, 1998. If the effective date is considers the ‘‘presumptive norm’’ for delayed, a timely notice will be RACT. 40 CFR Part 52 published in the Federal Register. Sections 182(b)(2) and 182(c) of the [LA35±1±7305a; FRL±5928±2] ADDRESSES: Written comments on this Act as amended in 1990 require States action should be addressed to Mr. to adopt RACT rules for three general Approval and Promulgation of Air Thomas Diggs, Chief, Air Planning groups of major stationary sources of Quality Implementation Plans, Section (6PD–L), at the EPA Region 6 VOCs located in ozone nonattainment Louisiana; Reasonable Available Office listed below. areas designated as moderate or above. Control Technology for Emissions of Copies of the documents relevant to The first group consists of sources Volatile Organic Compounds this action are available for public covered by an existing CTG (a CTG inspection during normal business issued prior to the enactment of the AGENCY: Environmental Protection 1990 Act amendments). The second Agency (EPA). hours at the following locations. Interested persons wanting to examine group consists of sources covered by a ACTION: Direct final rule. these documents should make an CTG issued after the enactment of the SUMMARY: In this action, the EPA is appointment with the appropriate office 1990 Act amendments. These CTGs are conditionally approving in part, and at least two working days in advance. referred to as ‘‘post-enactment’’ CTGs. fully approving in part, revisions to the Environmental Protection Agency, The third group consists of major Louisiana State Implementation Plan Region 6, Air Planning Section (6PD–L), sources not covered by a CTG. These (SIP). The revisions incorporate Multimedia Planning and Permitting sources are referred to as ‘‘non-CTG’’ regulations to control Volatile Organic Division, Region 6, Dallas, 1445 Ross sources. Compound (VOC) emissions from major Avenue, Texas 75202–2733, telephone: Under section 302(j), the Act defines stationary sources by means of (214) 665–7214. major source as any source which has Reasonable Available Control Air Quality Division, Louisiana the potential to emit 100 tons per year Technology (RACT). The major Department of Environmental Quality or more of any air contaminant unless stationary source category controlled by (LDEQ), 7290 Bluebonnet Boulevard, otherwise expressly provided. Under the conditionally approved regulation is Baton Rouge, Louisiana 70810, section 182(c), a major source is defined Synthetic Organic Chemical telephone: (504) 765–7247. as any source which is located in an Manufacturing Industry (SOCMI) batch Documents which are incorporated by area designated as a serious ozone non- processes. The major stationary source reference are available for public attainment area and has the potential to categories controlled by the fully inspection at the Air and Radiation emit 50 tons per year or more of VOCs. approved regulations are SOCMI Docket and Information Center, Therefore, in the Baton Rouge five reactors, SOCMI distillation, and Environmental Protection Agency, 401 parish serious ozone nonattainment industrial cleanup solvents. The M Street, SW., Washington, DC 20460. area, a major source definition is the potential to emit 50 tons per year or intended effect of these rules is to FOR FURTHER INFORMATION CONTACT: Mr. reduce VOC emissions into the ambient more of VOCs. Eaton R. Weiler, Air Planning Section Under section 183 of the Act as air and thereby reduce ground-level (6PD–L), Multimedia Planning and amended in 1990, entitled Federal ozone concentrations. Both EPA’s full Permitting Division, Environmental Ozone Measures, the EPA is required to and conditional approval of these Protection Agency, Region 6, 1445 Ross issue CTGs for 13 source categories by regulations makes them federally Avenue, Dallas, Texas 75202–2733, November 15, 1993. Two specific source enforceable. telephone: (214) 665–2174. The full approval of the revisions to categories are listed under section 183: the SIP to control VOC emissions from SUPPLEMENTARY INFORMATION: aerospace coatings and solvents, and shipbuilding operations. The other 11 the batch processes source category is I. Background contingent upon the State of Louisiana categories are listed in 57 FR 18077 submitting a revision of the single unit A. Background of VOC RACT Rule (April 28, 1992) and are as follows: operation exemptions of the SOCMI Requirements 1. SOCMI distillation. batch processing rule. If the State fails Section 172 of the Clean Air Act (the 2. SOCMI reactors. to submit a revision to the batch Act) as amended in 1990, entitled 3. Wood furniture. 4. Plastic parts business machines. processing rule within one year of the Nonattainment Plan Provisions in 5. Plastic parts coating (other). conditional approval of these SIP General, requires that states adopt 6. Offset lithography. revisions, the conditional approval will RACT rules for major stationary sources 7. Industrial wastewater. convert to a disapproval. of VOCs located in ozone nonattainment 8. SOCMI batch processing. In the proposed rules section of areas. The RACT is defined as the 10. Volatile Organic Liquid (VOL) storage today’s Federal Register, the EPA is lowest emission limitation that a tanks. proposing and seeking public comment particular source is capable of meeting 11. Clean-up solvents. on the same conditional and final by the application of control technology To date, CTGs have been published approvals of the Louisiana SIP that are that is reasonably available, considering for four of the thirteen source categories: discussed in this notice. If adverse technological and economic feasibility SOCMI distillation, SOCMI reactors, comments are received on these as defined in 44 FR 53761 (September wood furniture, and shipbuilding. As approvals, the EPA will withdraw the 17, 1979). In accordance with section described in a January 20, 1994 direct final rule and address the 108 of the Act, the EPA publishes memorandum from John Seitz, Director comments received in a subsequent Control Technique Guideline (CTG) of the EPA’s Office of Air Quality final rule, based on the related proposed documents in order to assist the States Planning and Standards, the EPA plans rule. No additional opportunity for in developing RACT rules for source to make available Alternative Control public comment will be provided. categories. The CTGs provide Technology (ACT) documents for the DATES: This action is effective on information on available air pollution CTG source categories for which CTG February 2, 1998 unless adverse or control techniques and provide documents have not yet been published. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63659

These ACT documents provide much of Coupee Parish and Calcasieu Parish, of the cleanup solvents. The accounting the same information as the CTG formerly serious and marginal ozone system should utilize the Unit documents, however, instead of nonattainment areas, respectively. Operations System (UOS) approach. A establishing a presumptive norm for These rules were published in the UOS is defined as the ensemble of RACT rule, these documents provide Louisiana Register on April 20, equipment around which a material options for control. September 20, and November 20, 1995. balance is performed and includes all On April 28, 1992 (57 FR 18077), the No action is being taken on the possible points/sources from which EPA interpreted the Act to allow a State industrial wastewater portion of the losses to the atmosphere could occur as to submit a non-CTG rule by November December 15, 1995, submittal. The EPA a result of them being cleaned. 15, 1992, or to defer submittal of a has identified provisions which are Completion of the material balance RACT rule for sources that the State deficient with respect to EPA guidance. around a UOS requires measurement of anticipated would be covered by a post- In short, the EPA has concerns with the all input and output VOC-based liquid enactment CTG. For post-enactment rule provisions which are followed to solvent streams. The difference between CTGs, the amended Act requires States determine the characteristics of the these streams may be assumed to have to submit RACT rules in accordance wastewater stream, and the testing evaporated as solvent emissions. The with the schedule specified in the requirements for biological treatment UOS ensembles for the nine solvent- corresponding CTG document. If the units. operations listed above are described in EPA failed to issue a CTG by November The EPA has previously approved Appendix C of the ACT document. 15, 1993, the responsibility shifted to Louisiana’s RACT rule for VOL tank Another control option discussed in the State to submit a non-CTG RACT storage, 33 Louisiana Administrative the ACT document is to require major rule for those sources by November 15, Code (LAC) 2103, on October 22, 1996 sources to conduct intensive, short-term 1994. (61 FR 57470) as part of the 15% rate studies of solvent types and uses. The B. Negative Declarations of progress plan submitted to the EPA study would review purchase records, on December 15, 1995. distribution sources, cleanup In agreement with EPA policy, if there operations, recycling records and waste III. Analysis of State Submittal are no major sources of VOC emissions disposal records. The study would in a CTG source category located in a A. Industrial Cleaning Solvents identify potential VOC usage reductions nonattainment area, the State should such as cleaning solvent changes and submit a formal statement of the Chapter 21 of 33 LAC has been amended to include Section 2157, (33 equipment changes. nonexistence of such major sources, i.e., Utilizing the information gained from a negative declaration. On April 6 and LAC 2157) Limiting Volatile Organic the implementation of the UOS June 20, 1994, the State of Louisiana Compound Emissions from Cleanup accounting system, the ACT document submitted letters of negative declaration Solvent Processing. Section 2157 is recommends the State require major for the following CTG source categories: intended to incorporate regulations sources to submit individual solvent aerospace coatings and solvents, which represent RACT for the cleanup reduction plans. shipbuilding operations, offset solvents CTG-source category. Section 2157 of 33 LAC incorporates, lithography, plastic parts—business Facilities affected are those which as requirements, the control options machines, plastic parts—other, and emit or have the potential to emit 50 outlined in the above listed ACT wood furniture. The EPA approved tons per year or more of VOCs, and document. The regulation is approvable these letters on October 30, 1996, in 61 which use solvents in one or more of the as RACT for the cleanup solvents CTG- FR 55894. A CTG document was following nine solvent-cleaning source category. published in April 1996, for wood operations: spray gun cleaning, spray Section 2157 of 33 LAC, requires furniture which lowered the threshold booth cleaning, large manufactured affected facilities to implement the for a source to be considered major in components cleaning, equipment following actions: conduct a three- the wood furniture source category to 25 cleaning, floor cleaning, line cleaning, month intensive study of solvent types tons per year or more in an ozone parts cleaning, tank cleaning, and small and usage, utilize accounting on a unit nonattainment area. On January 28, manufactured components cleaning. operation system and, submit plans to 1997, the State of Louisiana submitted Geographically, these rules apply to the the administrative authority to reduce a letter of negative declaration for the five parish Baton Rouge ozone VOC emissions. As an alternative to wood furniture category based on the nonattainment area, and Pointe Coupee submitting reduction plans, the owner lower major source threshold. and Calcasieu Parishes. To assist State agencies in developing or operator of affected facilities may II. State Submittal rules to limit emission of VOCs which report the controls and/or work On December 15, 1995, the State of result from industrial cleaning with practices deemed to be Maximum Louisiana submitted to the EPA five sets organic solvents, in February 1994, the Achievable Control Technology. of rules which require six source EPA published the ACT document titled These submitted plans become State categories to apply RACT to VOC Industrial Cleaning Solvents (EPA–453/ enforceable upon approval. A violation emissions from major stationary sources R–94–015). The ACT document does not of 33 LAC 2157 occurs if the affected located in the Baton Rouge ozone provide a model regulation or a facility does not meet the state-approved nonattainment area. In Louisiana, the recommended emission limit solvent reduction target. following five parishes areas are representing RACT. The ACT document B. Batch Processes designated as serious: Ascension, East does provide considerable information Baton Rouge, Iberville, Livingston, and on feasible RACT options which States 1. EPA Analysis West Baton Rouge. The applicable can use to define their own RACT Chapter 21 of 33 LAC has been source categories are VOL tank storage, levels. amended to include Section 2149, (33 SOCMI reactors, SOCMI distillation, The ACT document recommends the LAC 2149) Limiting Volatile Organic SOCMI batch processes, industrial application of an accounting system Compound Emissions from Batch wastewater, and industrial cleanup which tracks the use, fate, and Processing. Section 2149 is intended to solvents. The rules also apply to Pointe associated costs (purchase and disposal) incorporate regulations which represent 63660 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

RACT for the batch processing CTG- incorporate language which more reactor processes, 40 CFR 60.700(c)(4). source category. explicitly defines the control In this way, the RACT rule will not be Facilities affected are those which requirements. more stringent than the performance emit or have the potential to emit 50 standards for new sources for reactor 3. EPA Conclusion tons per year or more of VOCs, and fall processes. The EPA finds this revision into one of the following Standard With the exception of the single unit acceptable. Industrial Classification code categories: operation exemption as discussed Section 2149 of 33 LAC incorporates plastic materials and resins (2821), above, 33 LAC 2149, incorporates as as requirements, the control options pharmaceuticals (2833 and 2834), gum requirements, the control options outlined in the above listed CTG and wood chemicals (2861), cyclic outlined in the above listed ACT document. The regulation is approvable crudes and intermediates (2865), document. With the letter committing to as RACT for the SOCMI reactor and industrial organic chemicals (2869), and revise Section 2149(b)(2), single unit SOCMI distillation source categories. agricultural chemicals (2879). operation exemptions, the regulation is IV. Final Action Geographically, these rules apply to the conditionally approvable as RACT for five parish Baton Rouge ozone the batch processing CTG source By this action, the EPA is nonattainment area, and Pointe Coupee category. conditionally approving in part and fully approving in part the revisions to and Calcasieu Parishes. C. SOCMI Distillation and Reactors To assist State agencies in developing the Louisiana SIP submitted on rules to limit emission of VOCs which Chapter 21 of 33 LAC, has been December 15, 1995. The EPA is result from batch processes, in February amended to include Section 2147, (33 conditionally approving the revisions to 1994, the EPA published the ACT LAC 2147) Limiting Volatile Organic the SIP to control VOC emissions document titled Control of Volatile Compound Emissions from Reactor utilizing RACT from the SOCMI batch Organic Compound Emissions from Processes and Distillation Operations in processing source category. The EPA is Batch Processes (EPA–453/R–93–017). the Synthetic Organic Chemical fully approving in the revisions to the The ACT document provides a model Manufacturing Industry. Section 2147 is SIP to control VOC emissions utilizing regulation representing RACT, as well intended to incorporate regulations RACT from the following major source as providing considerable information which represent RACT for both the categories: SOCMI distillation, SOCMI on emissions, controls, control options, SOCMI reactors and SOCMI distillation reactor, and clean-up solvents. The EPA and costs that States can use in source categories. is also approving the letter of negative developing RACT regulations. Facilities affected are those which declaration for the wood furniture major In developing a batch processing emit or have the potential to emit 50 source category from the LDEQ dated RACT regulation, the State of Louisiana tons per year or more of VOCs, and have January 21, 1997. closely followed the model rule the Standard Industrial Major Code 28 The full approval of the revision to provided in the ACT. The purpose of classification, Chemicals And Allied control VOC emissions utilizing RACT most of the changes from the model rule Products. Geographically, these rules from the batch processing source is to make the regulations more explicit. apply to the five parish Baton Rouge category is contingent upon the State of All changes are insignificant except the ozone nonattainment area, and Pointe Louisiana submitting a revision to the change to single-unit operation Coupee and Calcasieu Parishes. single unit operation exemptions rule. If exemptions as discussed below. To assist State agencies in developing the State fails to submit a revision to the As a change to the model rule’s single rules to limit emission of VOCs which batch processing rule within one year of unit operation exemptions, the State result from batch processes, in August the conditional approval of these SIP replaced the 500-pound annual 1993 the EPA published the CTG revisions, the conditional approval will emission exemption with the following document entitled Control of Volatile convert to a disapproval. annual emission exemptions for specific Organic Compound Emissions from With the approval of these rules, the unit operations: 1800 lbs. for reactors, Reactor Processes and Distillation applicable requirements relating to 1200 lbs. for holding tanks, and 8700 Operations Processes in the Synthetic RACT rules of the 12 of the 13 CTG lbs. for centrifuges. No justification for Organic Chemical Manufacturing source categories have been met. The the revised levels of these thresholds Industry. As well as providing industrial wastewater source category is was provided. Furthermore, by deleting considerable information on emissions, the only remaining CTG source category the general single unit operation controls, and costs that the States can for which no action has been taken. This exemption and including only three use in developing RACT regulations, the source category will be handled in a specific unit operation exemptions, all CTG provides a model regulation separate rulemaking action. other unit operations not listed would representing RACT. In developing a The EPA is publishing this action not be exempt for analyses no matter SOCMI distillation and reactor without prior proposal because the how low the level of annual emissions. regulation, the State of Louisiana closely Agency views this as a noncontroversial followed the model rule provided in the amendment and anticipates no adverse 2. State Commitment of Revision CTG. The purpose of most of the comments. However, in a separate On June 17, 1997, the LDEQ changes from the model rule is to make document in this Federal Register submitted a letter committing to revise, the regulations more explicit. All publication, EPA is proposing to within one year of the date of the changes are unsubstantive except the approve the SIP revision should adverse publication of this Federal Register change made to the flow rate exemption or critical comments be filed. This conditional approval, the single unit as discussed below. action will be effective on February 2, operation exemptions of the batch As a change to the model rule flow- 1998, unless, by January 2, 1998, processing rule. rate exemption, the State raised the adverse or critical comments are The revision would eliminate the minimum control flow rate from 0.0085 received. individual process single unit operation to 0.011 standard cubic meters per If EPA receives such comments, this exemptions and set the overall single minute. This change was made to the action will be withdrawn before the unit operation exemption to 500 lb./yr. model rule to be consistent with the effective date by publishing a or less. The revision would also new source performance standards for subsequent action that will withdraw Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63661 the final action. All public comments the Federal SIP approval does not D. Submission to Congress and the received will be addressed in a impose any new requirements, I certify General Accounting Office subsequent final rule based the that it does not have a significant impact Under 5 U.S.C. 801(a)(1)(A) as added proposed rule in today’s Federal on any small entities affected. Moreover, by the Small Business Regulatory Register, which incorporate by reference due to the nature of the Federal-State Enforcement Fairness Act of 1996, EPA the discussion in this direct final action. relationship under the Act, preparation submitted a report containing this rule The EPA will not institute a second of a flexibility analysis would constitute and other required information to the comment period on this action. Any Federal inquiry into the economic U.S. Senate, the U.S. House of parties interested in commenting on this reasonableness of State action. The Act Representatives and the Comptroller action should do so at this time. If no forbids EPA to base its actions General of the General Accounting such comments are received, the public concerning SIPs on such grounds. See Office prior to publication of this rule in is advised that this action will be Union Electric Co. v. U.S. EPA, 427 U.S. today’s Federal Register. effective February 2, 1998. 246, 255–66 (1976); 42 U.S.C. This rule is not a ‘‘major rule’’ as Nothing in this action should be 7410(a)(2). defined by 5 U.S.C. 804(2). construed as permitting or allowing or establishing a precedent for any future If the conditional approval is E. Petitions for Judicial Review request for revision to any SIP. Each converted to a disapproval under Under section 307(b)(1) of the Act, request for revision to the SIP shall be section 110(k), based on the State’s petitions for judicial review of this considered separately in light of specific failure to meet the commitment, it will action must be filed in the United States technical, economic, and environmental not affect any existing State Court of Appeals for the appropriate factors and in relation to relevant requirements applicable to small circuit by February 2, 1998. Filing a statutory and regulatory requirements. entities. Federal disapproval of the State petition for reconsideration by the submittal does not affect its State- V. Administrative Requirements Administrator of this final rule does not enforceability. Moreover, EPA’s affect the finality of this rule for the A. Executive Order (E.O.) 12866 disapproval of the submittal does not purposes of judicial review nor does it impose a new Federal requirement. The Office of Management and Budget extend the time within which a petition Therefore, EPA certifies that this (OMB) has exempted this regulatory for judicial review may be filed, and disapproval action does not have a action from E.O. 12866 review. shall not postpone the effectiveness of significant impact on a substantial such rule or action. This action may not B. Regulatory Flexibility Act number of small entities because it does be challenged later in proceedings to Under the Regulatory Flexibility Act, not remove existing requirements nor enforce its requirements. See section 5 U.S.C. 600 et seq., EPA must prepare does it substitute a new Federal 307(b)(2). requirement. a regulatory flexibility analysis List of Subjects in 40 CFR Part 52 assessing the impact of any proposed or C. Unfunded Mandates final rule on small entities. See 5 U.S.C. Environmental protection, Air 603 and 604. Alternatively, EPA may Under section 202 of the Unfunded pollution control, Hydrocarbons, Incorporation by reference, Ozone, certify that the rule will not have a Mandates Reform Act of 1995, signed Reporting and recordkeeping significant impact on a substantial into law on March 22, 1995, EPA must requirements, Volatile organic number of small entities. Small entities prepare a budgetary impact statement to compounds. include small businesses, small not-for- accompany any proposed or final rule profit enterprises, and government that includes a Federal mandate that Note: Incorporation by reference of the SIP entities with jurisdiction over may result in estimated costs to State, for the State of Louisiana was approved by populations of less than 50,000. the Director of the Federal Register on July local, or Tribal governments in the 1, 1982. The SIP approvals under section 110 aggregate; or to private sector, of $100 Dated: November 10, 1997. and subchapter I, part D of the Act do million or more. Under section 205, Lynda F. Carroll, not create any new requirements but EPA must select the most cost-effective simply approve requirements that the and least burdensome alternative that Acting Regional Administrator. State is already imposing. Therefore, achieves the objectives of the rule and Part 52, chapter I, title 40 of the Code because the Federal SIP approval does is consistent with statutory of Federal Regulations is amended as not impose any new requirements, I requirements. Section 203 requires EPA follows: certify that it does not have a significant to establish a plan for informing and PART 52Ð[AMENDED] impact on any small entities affected. advising any small governments that Moreover, due to the nature of the may be significantly or uniquely 1. The authority citation of part 52 Federal-State relationship under the impacted by the rule. continues to read as follows: Act, preparation of a flexibility analysis would constitute Federal inquiry into The EPA has determined that the Authority: 42 U.S.C. 7401–7671q. the economic reasonableness of State approval action promulgated does not action. The Act forbids EPA to base its include a Federal mandate that may Subpart TÐLouisiana result in estimated costs of $100 million actions concerning SIPs on such 2. Section 52.970 is amended by or more to either State, local, or Tribal grounds. See Union Electric Co. v. U.S. adding paragraph (c)(74) to read as governments in the aggregate, or to the EPA, 427 U.S. 246, 255–66 (1976); 42 follows: U.S.C. 7410(a)(2). private sector. This Federal action Conditional approvals of SIP approves preexisting requirements § 52.970 Identification of plan. submittals under section 110 and under State or local law, and imposes * * * * * subchapter I, part D of the Act do not no new requirements. Accordingly, no (c) * * * create any new requirements but simply additional costs to State, local, or Tribal (74) Revisions to the Louisiana approve requirements that the State is governments, or to the private sector, Department of Environmental Quality already imposing. Therefore, because result from this action. Regulation Title 33, Part III, Chapter 21, 63662 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

Control of Emission of Organic ACTION: Final rule; availability of ENVIRONMENTAL PROTECTION Compounds, submitted by the Governor guidance document. AGENCY on December 15, 1995. (i) Incorporation by reference. SUMMARY: On October 22, 1997 (62 FR 40 CFR Parts 180 (A) LAC, Title 33, Part III, Chapter 21, 54900), EPA published a final [OPP±300589; FRL±5758±7] Section 2147, Limiting Volatile Organic Compliance Assurance Monitoring Rule Compound Emissions from Reactor (CAM). The final rule preamble Pyrimethanil; Pesticide Tolerance Processes and Distillation Operations in described a Guidance Development the Synthetic Organic Chemical Process in which the Agency would AGENCY: Environmental Protection Manufacturing Industry, adopted in the develop non-prescriptive examples of Agency (EPA). Louisiana Register on April 20, 1995 (LR the types of monitoring that can be used ACTION: Final rule. 21:380). to satisfy part 64 for various types of (B) LAC, Title 33, Part III, Chapter 21, SUMMARY: This regulation establishes an control devices and emissions units. In Section 2149, Limiting Volatile Organic import tolerance for residues of the order to provide an opportunity for Compound Emissions from Batch fungicide 4,6-dimethyl-N-phenyl-2- source owners or operators and other Processing, adopted in the Louisiana pyrimidinamine expressed as Register on April 20, 1995 (LR 21:387). interested parties to submit suggestions, pyrimethanil in or on the raw (C) LAC, Title 33, Part III, Chapter 21, review drafts and generally clarify the agricultural commodity (RAC) wine Section 2151, Limiting Volatile Organic part 64 requirements, a Draft CAM grapes at 5.0 ppm. AgrEvo USA Compound Emissions from Cleanup Technical Guidance Document is now Company submitted a petition to EPA Solvent Processing, adopted in the available. The Agency emphasizes that under the Federal Food, Drug, and Louisiana Register on April 20, 1995 (LR the development of example monitoring Cosmetic Act (FFDCA) as amended by 21:391). approaches in this guidance document the Food Quality Protection Act of 1996 (ii) Additional material. is intended to assist both regulated (Pub. L. 104-170) requesting the (A) Letter of negative declaration for industry and permitting authorities to tolerance. wood furniture dated January 21, 1997, streamline permit review in those DATES: This regulation becomes from the State of Louisiana Department instances where a source owner or effective December 2, 1997. Objections of Environmental Quality. operator proposes monitoring based on and requests for hearings must be 3. Section 52.994 is amended by one of the examples. These examples received by EPA on or before February designating the existing text as should not be considered as an implied 2, 1998. paragraph (a) and adding paragraph (b) limitation on the owner or operator’s ADDRESSEES: Written objections, and to read as follows: ability to propose a different approach hearing requests identified by the that the owner or operator can § 52.994 Conditional approvals. docket control number, OPP–300589, demonstrate satisfies the part 64 must be submitted to: Hearing Clerk * * * * * requirements or on the permitting (1900), Environmental Protection (b) Reasonable Available Control authority’s authority to require Agency, Rm. M3708, 401 M St., SW., Technology for the Synthetic Organic additional monitoring. A final CAM Washington, DC 20460. Fees Chemical Manufacturing Industry Batch Technical Guidance Document should accompanying objections and hearing Processing Source Category. A letter be available by the end of March 1998. requests shall be labeled ‘‘Tolerance dated June 17, 1997 from the Assistant Petition Fees’’ and forwarded to: EPA DATES: Secretary of the Louisiana Department Comments on the Draft CAM Headquarters Accounting Operations of Environmental Quality to the EPA Technical Guidance Document should Branch, OPP (Tolerance Fees), P.O. Box Regional Administrator commits the be received no later than January 5, 360277M, Pittsburgh, PA 15251. A copy State to make corrections in LAC 1998. of any objections and hearing requests 33.III.2149.A.2.b to restore the general ADDRESSES: filed with the Hearing Clerk identified single unit operation exemption to 500 Comments should be sent to: Dan Bivins, U.S. Environmental by the docket control number, OPP– pounds per year or less. The State 300589, must also be submitted to: commits to make the above rule change Protection Agency, Office of Air Quality Planning and Standards, MD–19, RTP, Public Information and Records within one year from the Federal Integrity Branch, Information Resources Register publication of the conditional NC 27711, or to: [email protected] and Services Division (7502C), Office of approval of the batch processing Pesticides Programs, Environmental Reasonable Available Control The Draft CAM Technical Guidance Protection Agency, 401 M St., SW., Technology rule. Document is available on U.S. Washington, DC 20460. In person, bring [FR Doc. 97–31408 Filed 12–1–97; 8:45 am] Environmental Protection Agency’s a copy of objections and hearing BILLING CODE 6560±50±P EMTIC Homepage on the Technology requests to Rm. 1132, CM #2, 1921 Transfer Network (via the Internet at Jefferson Davis Hwy., Arlington, VA. ‘‘http://ttnwww.rtpnc.epa.gov/html/ A copy of objections and hearing ENVIRONMENTAL PROTECTION emticwww/index.htm’’, 24 hours a day, requests filed with the Hearing Clerk AGENCY 7 days a week , except Monday, 8–12 may also be submitted electronically by a.m. EST). sending electronic mail (e-mail) to: opp- 40 CFR Parts 64, 70, and 71 FOR FURTHER INFORMATION CONTACT: Dan [email protected]. Copies of [FRL±5928±5] Bivins at (919) 541–5244. objections and hearing requests must be submitted as an ASCII file avoiding the RIN 2060±AD18 Henry C. Thomas, use of special characters and any form Acting Director, Office of Air Quality Planning Compliance Assurance Monitoring of encryption. Copies of objections and and Standards. hearing requests will also be accepted AGENCY: Environmental Protection [FR Doc. 97–31576 Filed 12–1–97; 8:45 am] on disks in Wordperfect 5.1/6.1 file Agency (EPA). BILLING CODE 6560±50±P format or ASCII file format. All copies Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63663 of objections and hearing requests in exposure to the pesticide chemical factor. The MOE is a measure of how electronic form must be identified by residue. . . .’’ close the exposure comes to the NOEL. the docket control number [OPP– EPA performs a number of analyses to Lifetime feeding studies in two 300589]. No Confidential Business determine the risks from aggregate species of laboratory animals are Information (CBI) should be submitted exposure to pesticide residues. First, conducted to screen pesticides for through e-mail. Electronic copies of EPA determines the toxicity of cancer effects. When evidence of objections and hearing requests on this pesticides based primarily on increased cancer is noted in these rule may be filed online at many Federal toxicological studies using laboratory studies, the Agency conducts a weight Depository Libraries. animals. These studies address many of evidence review of all relevant adverse health effects, including (but toxicological data including short-term FOR FURTHER INFORMATION CONTACT: By not limited to) reproductive effects, and mutagenicity studies and structure mail: Mary Waller, Registration Division developmental toxicity, toxicity to the activity relationship. Once a pesticide (7505C), Office of Pesticide Programs, nervous system, and carcinogenicity. has been classified as a potential human Environmental Protection Agency, 401 Second, EPA examines exposure to the carcinogen, different types of risk M St., SW., Washington, DC 20460. pesticide through the diet (e.g., food and assessments (e.g., linear low dose Office location, telephone number, and drinking water) and through exposures extrapolations or MOE calculation based e-mail address: Crystal Mall #2, 1921 that occur as a result of pesticide use in on the appropriate NOEL) will be Jefferson Davis Hwy., Arlington, VA, residential settings. carried out based on the nature of the (703) 308–9354, e-mail: carcinogenic response and the Agency’s A. Toxicity [email protected]. knowledge of its mode of action. 1. Threshold and non-threshold SUPPLEMENTARY INFORMATION: In the 2. Differences in toxic effect due to effects. For many animal studies, a dose Federal Register of August 1, 1997 (62 exposure duration. The toxicological response relationship can be FR 41379) (FRL–5732–4), EPA issued a effects of a pesticide can vary with determined, which provides a dose that notice pursuant to section 408 of the different exposure durations. EPA causes adverse effects (threshold effects) Federal Food, Drug, and Cosmetic Act considers the entire toxicity data base, and doses causing no observed effects (FFDCA) 21 U.S.C. 346a(e), announcing and based on the effects seen for (the ‘‘no-observed effect level’’ or the filing of a pesticide tolerance different durations and routes of ‘‘NOEL’’). exposure, determines which risk petition (PP 4E4384) by AgrEvo USA Once a study has been evaluated and Company, Little Falls Center One, 2711 assessments should be done to assure the observed effects have been that the public is adequately protected Centerville Rd., Wilmington, DE 19808. determined to be threshold effects, EPA The notice included a summary of the from any pesticide exposure scenario. generally divides the NOEL from the Both short and long durations of petition prepared by AgrEvo USA study with the lowest NOEL by an exposure are always considered. Company. There were no comments uncertainty factor (usually 100 or more) Typically, risk assessments include received in response to the notice of to determine the Reference Dose (RfD). ‘‘acute,’’ ‘‘short-term,’’ ‘‘intermediate,’’ filing. The petition requested that 40 The RfD is a level at or below which and ‘‘chronic’’ risks. These assessments CFR part 180 be amended by daily aggregate exposure over a lifetime are defined by the Agency as follows. establishing a tolerance for residues of will not pose appreciable risks to Acute risk, by the Agency’s definition, the fungicide 4,6-dimethyl-N-phenyl-2- human health. An uncertainty factor results from 1-day consumption of food pyrimidinamine expressed as (sometimes called a ‘‘safety factor’’) of and water, and reflects toxicity which pyrimethanil in or on the raw 100 is more commonly used since it is could be expressed following a single agricultural commodity wine grapes at assumed that people may be up to 10 oral exposure to the pesticide residues. 5.0 parts per million (ppm). times more sensitive to pesticides than High-end exposure to food and water I. Risk Assessment and Statutory the test animals, and that one person or residues are typically assumed. Findings subgroup of the population (such as Short-term risk results from exposure infants and children) could be up to 10 to the pesticide for a period of 1-7 days, New section 408(b)(2)(A)(i) of the times more sensitive to a pesticide than and therefore overlaps with the acute FFDCA allows EPA to establish a another. In addition, EPA assesses the risk assessment. Historically, this risk tolerance (the legal limit for a pesticide potential risks to infants and children assessment was intended to address chemical residue in or on a food) only based on the weight of the evidence of primarily dermal and inhalation if EPA determines if the tolerance is the toxicology studies and determines exposure which could result, for ‘‘safe.’’ Section 408(b)(2)(A)(ii) defines whether an additional uncertainty factor example, from residential pesticide ‘‘safe’’ to mean that ‘‘there is a is warranted. Thus, an aggregate daily applications. However, since enactment reasonable certainty that no harm will exposure to a pesticide residue at or of FQPA, this risk assessment has been result from aggregate exposure of the below the RfD (expressed as 100% or expanded to include both dietary and pesticide chemical residue, including less of the RfD) is generally considered non-dietary sources of exposure, and all anticipated dietary exposures and all acceptable by EPA to pose a reasonable will typically consider exposure from other exposures for which there is certainty of no harm. EPA generally uses food, water, and residential uses when reliable information.’’ This includes the RfD to evaluate chronic risks posed reliable data are available. In this exposure through drinking water and in by pesticide exposure. For shorter term reassessment, risks from average food residential settings, but does not include risks, which could occur for residential and water exposure, and high-end occupational exposure. Section uses of a pesticide, EPA calculates a residential exposure, are aggregated. 408(b)(2)(C) requires EPA to give special margin of exposure (MOE) by dividing High-end exposures from all three consideration to exposure of infants and the estimated human exposure into the sources are not typically added because children to the pesticide chemical NOEL from the appropriate animal of the very low probability of this residue in establishing a tolerance and study. Commonly, EPA finds MOEs occurring in most cases, and because the to ‘‘ensure that there is a reasonable lower than 100 to be unacceptable. This other conservative assumptions built certainty that no harm will result to 100-fold MOE is based on the same into the assessment assure adequate infants and children from aggregate rationale as the 100-fold uncertainty protection of public health. However, 63664 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations for cases in which high-end exposure million, EPA attempts to derive a more 2. A subchronic oral toxicity study in can reasonably be expected from accurate exposure estimate for the rats fed pyrimethanil at dose levels of 0, multiple sources (e.g., frequent and pesticide by evaluating additional types 80, 800, or 8,000 ppm for 13 weeks. widespread homeowner use in a of information (anticipated residue data Those doses were equivalent to daily specific geographical area), multiple and/or percent of crop treated data) intake of 0, 5.4, 54.5, 529.1 milligrams/ high-end risks will be aggregated and which show, generally, that pesticide kilograms/day (mg/kg/day) for males presented as part of the comprehensive residues in most foods when they are and 0, 6.8, 66.7, 625.9 mg/kg/day for risks assessment/characterization. Since eaten are well below established females. A supplementary control and a the toxicological endpoint considered in tolerances. high dose (8,000 ppm) group were this assessment reflects exposure over a Percent crop treated estimates are similarly treated for 13 weeks then period of at least 7 days, an additional derived from Federal and private market maintained off-dose for 28 days to degree of conservatism is built into the survey data. Typically, a range of investigate the reversibility of any assessment; i.e., the risk assessment estimates are supplied and the upper findings. Treatment of pyrimethanil did nominally covers 1-7 days exposure, end of this range is assumed for the not affect mortality, clinical signs, water and the toxicological endpoint/NOEL is exposure assessment. By using this intake, ophthalmology, hematology, selected to be adequate for at least 7 upper end estimate of percent crop blood chemistry, or macroscopic days of exposure. (Toxicity results at treated, the Agency is reasonably certain pathology. lower levels when the dosing duration that exposure is not understated for any Under the conditions of this study, is increased.) significant subpopulation group. the No Observed Effect Level (NOEL) Intermediate-term risk results from Further, regional consumption was estimated to be 80 ppm (equivalent exposure for 7 days to several months. information is taken into account to a daily intake of 5.4 mg/kg/day for This assessment is handled in a manner through EPA’s computer-based model males and 6.8 mg/kg/day for females). similar to the short-term risk for evaluating the exposure of The Lowest Observed Effect Level assessment. significant subpopulations including (LOEL) was estimated to be 800 ppm Chronic risk assessment describes risk several regional groups, to pesticide (54.5 mg/kg/day for males and 66.7 mg/ which could result from several months residues. Review of this regional data kg/day for females). The LOEL is based to a lifetime of exposure. For this allows EPA to be reasonably certain that on decreased body weight gains in assessment, risks are aggregated no regional population is exposed to females, changed coloration of urine considering average exposure from all residue levels higher than those specimens, and increased incidence of sources for representative population estimated by the Agency. hypertrophy of centrilobular subgroups including infants and hepatocytes in males. children. II. Aggregate Risk Assessment and Determination of Safety 3. A subchronic oral toxicity in mice B. Aggregate Exposure Consistent with section 408(b)(2)(D), fed technical pyrimethanil at dose levels In examining aggregate exposure, EPA has reviewed the available of 0, 80, 900, or 10,000 ppm for 13 FFDCA section 408 requires that EPA scientific data and other relevant weeks. Those doses were equivalent to take into account available and reliable information in support of this action, 0, 12, 139, or 1,864 mg/kg/day for males information concerning exposure from EPA has sufficient data to assess the and 0, 18, 203, or 2,545 mg/kg/day for the pesticide residue in the food in hazards of pyrimethanil and to make the females, respectively. There were no question, residues in other foods for determination on aggregate exposure, treatment-related effects in mortality, which there are tolerances, residues in consistent with section 408(b)(2), for a clinical signs, water intake, or ground water or surface water that is tolerance for pyrimethanil on wine hematological parameters. consumed as drinking water, and other grapes at 5.0 ppm. EPA’s assessment of The NOEL was estimated to be 900 non-occupational exposures through the dietary exposures and risks ppm, equivalent to daily intake of 139 pesticide use in gardens, lawns, or associated with establishing the and 203 mg/kg/day for males and buildings (residential and other indoor tolerance follows. females, respectively. The LOEL was uses). Dietary exposure to residues of a estimated to be 10,000 ppm, equivalent pesticide in a food commodity are A. Toxicological Profile to daily intake of 1,864 and 2,545 mg/ estimated by multiplying the average EPA has evaluated the available kg/day for males and females, daily consumption of the food forms of toxicity data and considered its validity, respectively. The LOEL is based on that commodity by the tolerance level or completeness, and reliability as well as decreased body weight gains, clinical the anticipated pesticide residue level. the relationship of the results of the chemistry data, necropsy, and The Theoretical Maximum Residue studies to human risk. EPA has also histopathological findings. Contribution (TMRC) is an estimate of considered available information 4. A subchronic oral toxicity study in the level of residues consumed daily if concerning the variability of the dogs dosed with technical pyrimethanil each food item contained pesticide sensitivities of major identifiable by gavage at dose levels of 0, 6, 80, or residues equal to the tolerance. In subgroups of consumers, including 1,000/800 mg/kg/day for 13 weeks. The evaluating food exposures, EPA takes infants and children. The nature of the highest dose was reduced from 1,000 into account varying consumption toxic effects caused by pyrimethanil are mg/kg/day to 800 mg/kg on day 7 due patterns of major identifiable subgroups discussed below. to persistent vomiting seen in all dogs of consumers, including infants and 1. A battery of acute toxicity studies receiving 1,000 mg/kg. Concentrations children. The TMRC is a ‘‘worst case’’ resulted in an acute oral LD50 = 4,149 of dosing suspension (0.5% (w/v) estimate since it is based on the milligrams/kilograms (mg/kg) (males) methyl cellulose in distilled water) were assumptions that food contains and 5,971 mg/kg (females); an acute within ranges of 82.5% to 121.7% of pesticide residues at the tolerance level dermal LD50 >5,000 mg/kg for both nominal. There were no treatment and that 100% of the crop is treated by sexes; an acute inhalation LC50 >1.98 related effects on mortality, organ pesticide. If the TMRC exceeds the RfD mg/L; slight eye irritation; no dermal weights, necropsy findings, or poses a lifetime cancer risk that is irritation; and a finding that histopathological, ophthalmoscopical, greater than approximately one in a pyrimethanil is not a sensitizer. or hematological parameters. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63665

Under the conditions of this study, dark thyroids in 5,000 ppm treated (equivalent to 17 mg/kg/day for males the NOEL was estimated to be 6 mg/kg. animals only. Microscopic pathology and 22 mg/kg/day for females). The The LOEL was estimated to be 80 mg/ showed minimal to moderate LOEL was estimated to be 5,000 ppm kg. The LOEL is based on the increased hypertrophy of centrilobular (equivalent to 221 mg/kg/day for males incidence of vomiting and diarrhea, hepatocytes in animals given 5,000 and 291 mg/kg/day for females). The salivation, cream coloration of feces, ppm. In the thyroid gland, at 5,000 ppm, LOEL was based on decreased body hypoactivity, and decreased water there were higher incidences of minimal weight gains, increased serum consumption. to slight colloid depletion and cholesterol and GGT levels, increased 5. A chronic oral toxicity study in hypertrophy of the follicular epithelium relative liver/body weight ratios, dogs dosed with pyrimethanil by gavage in males and females. A single focus of necropsy, and histopathological at doses of 0, 2, 30, or 400/250 mg/kg/ follicular hyperplasia was seen in males findings. day for 12 months. Administration of only. There were minimal to moderate 8. An oral development toxicity study the test material at 400 mg/kg/day intra-epithelial depositions of brown in rats gavaged with pyrimethanil caused a high incidence of vomiting/ pigment (lipofuscin). suspensions (1% (w/v) aqueous methyl emesis during week 1 of the study. For At the terminal kill (104 weeks), at cellulose at doses of 0, 7, 85, or 1,000 this reason, the dose regimen was 5,000 ppm, an increase of absolute liver mg/kg/day from gestation days 6 decreased to 250 mg/kg/day on day 8 of weight was observed in males only through 15. Maternal toxicity (hunched the study. At this dose (250 mg/kg) while increases of relative liver/body body posture, emaciation, and hair loss) vomiting was decreased to about 1% in weight ratios were seen in both sexes. were noted in high-dose animals. all animals. Non-neoplastic findings included Treatment-related, statistically Based on the results of this study, the minimal to slight hypertrophy of significant decreases in body weights NOEL is 30 mg/kg/day and the LOEL is centrilobular hepatocyes. There were and body weight gains were observed in 250 mg/kg/day, based on the decrease in higher incidences of eosinophilic foci in high-dose animals. Except for body weight, food consumption, feed the liver of males and females compared statistically significant decreased in efficiency, and water consumption, with controls. Minimal to moderate mean litter weight and mean fetal reduced clotting times, and increases in focal cystic degeneration of the liver weight of high-dose animals, all other white blood cells, (mainly neutrophils). was also observed in males and females. caesarian section data were comparable 6. A carcinogenicity feeding study in In the thyroid gland, colloid depletion to control values. The maternal NOEL mice fed technical pyrimethanil at dose and hypertrophy of the follicular was 85 mg/kg/day and the LOEL was levels of 0, 16 ppm (males 2.0, females epithelium was seen in males and 1,000 mg/kg/day (limit dose), based on 2.5 mg/kg/day), 160 ppm (males 20.0, females compared to controls. decreases in mean body weight, mean females 24.9 mg/kg/day), or 1,600 ppm Depositions of intra-cytoplasmic brown body weight gain, mean litter weight, (males 210.9, females 253.8 mg/kg/day) pigment (lipofuscin) within the thyroid and mean fetal weight. The for 80 weeks resulted in a dose-related follicular epithelium were seen only in developmental NOEL was 1,000 mg/kg/ increase in the percentage (24%, 38%, animals given 5,000 ppm (38/50 males day (limit dose). The developmental 40%, and 67% in control, low-, mid-, and 47/50 females). LOEL was not established. and high-dose males, respectively) of The only tissue showing a higher 9. A developmental toxicity deaths occurring prior to week 56 in incidence of tumors than controls was (teratology) study in rabbits gavaged males but there was no dose-related the thyroid gland with benign follicular with pyrimethanil at doses of 0, 7, 45, adverse effect on survival in either sex cell adenomas in both sexes. A pair- or 300 mg/kg/day on gestation day 7 and adequate numbers of mice (both wise comparison for the incidence in through 19. At 7 mg/kd/day, no sexes) were available at study high dose (5,000 ppm) treated males treatment-related maternal or termination. was not statistically higher than the developmental effects were observed. Treated males displayed a higher control. The incidence in both sexes The maternal NOEL is 7 mg/kg/day and incidence of urinary bladder distension was higher than the historical control the maternal LOEL is 45 mg/kg/day at necropsy, and urogenital tract lesions range. A positive trend of the incidence based on the slight increase in the were increased at the high-dose level for both sexes was noted. In addition, number of females with reduced compared to the control values. Since thyroid follicular cell adenocarcinomas production and size of fecal pellets. The all urogenital tract tissues of the low- were seen in animals treated at 32 ppm developmental NOEL is 45 mg/kg/day and mid-dose males were not examined, (males) and 5,000 ppm (1 male only); and the LOEL is 300 mg/kg/day based a dose-response cannot be determined. however, the incidence was within the on decreased fetal weight, increased The NOEL for systemic effects can be set historical control range. incidence of fetal runts, increase in at 1,600 ppm (males 210.9, females At 400 ppm, a statistically significant retarded ossification of fetal bones, 253.8 mg/kg/day), the highest dose increase of serum GGT level in males increase in fetuses with 13 thoracic tested (HDT). There was no increase in only was observed at week 102. vertebrae, and 13 pairs of ribs. the incidence of any tumor type in Increased absolute liver weight (the 10. A reproduction toxicity study in either sex. relative liver/body weight ratio was rats fed pyrimethanil at dose levels of 0, 7. A combined chronic toxicity/ comparable to control) in males was 32, 400, or 5,000 ppm (males: 0, 1.9, carcinogenicity study in rats fed reported in the terminal necropsy 23.1, or 294 mg/kg/day; females: 0, 2.2, pyrimethanil at dose levels of 0, 32, 400, findings. However, these parameters are 27.4, 343 mg/kg/day) during premating, or 5,000 ppm for 52 weeks (interim kill) considered to be of no toxicological gestation, and lactation periods. No or 104 weeks (main study). Those doses significance because no corresponding treatment-related differences were noted were equivalent to daily intake of 0, 1.3, significant histopathological finding in the necropsy findings of parental 17, or 221 mg/kg/day for males and 0, was seen. animals and their offspring. Treatment- 1.8, 22, or 291 mg/kg/day for females. No treatment-related significant related decreases in mean body weights At the interim kill (52 weeks), relative effects were seen in animals given 32 were limited to high-dose parental liver/body weight ratios of animals ppm. animals and their offspring. given 5,000 ppm were siginificantly Under the condition of this study, the The NOEL for reproductive toxicity is higher than controls. Necropsy revealed NOEL was estimated to be 400 ppm. 5,000 ppm (294 mg/kg/day, males; 343 63666 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations mg/kg/day, females), the highest dose dose (24-hour sample). Four days after No feed items are associated with wine tested. The NOEL for developmental/ the last dose, detectable levels of grapes and therefore, secondary residues systemic toxicity is 400 ppm (23.1 mg/ radiolabeled pyrimethanil were found are not expected. In the best judgement kg/day, males; 343 mg/kg/day, females); in the liver, kidney, and thyroids. It of the Agency, the pyrimethanil chronic the LOEL was established at 5,000 ppm appeared that the levels in the blood, dietary risk does not exceed the level of (294 mg/kg/day, females), based on kidney, and thyroid continued to concern. decreased pup body weights on increase with increased exposure time, 2. From drinking water. Since this is lactation day 21. while the level in the adrenal appeared an import tolerance and there are no 11. Studies on gene mutation and to reach a plateau, and levels in the liver U.S. registrations for this chemical, other genotoxic effects: A bacterial appeared to decline. there are not risks associated with mutation assay with s. typhimurium; a drinking water. bacterial mutation assay with E. Coli; a B. Toxicological Endpoints 3. From non-occupational non-dietary mouse micronucleus assay; an in vitro 1. Acute toxicity. To assess acute exposure. As stated, this is an import metaphase chromosomal aberration dietary exposure, the Agency used a tolerance and there are no U.S. assay (human lymphocytes); an in vivo NOEL of 45 mg/kg/day and a LOEL of registrations, therefore no non- unscheduled DNA synthesis assay (rats) 300 mg/kg/day from a developmental occupational non-dietary exposure and showed no evidence of mutagenic toxicity study in rabbits for evaluating risk are expected. activity. acute risk to females 13+, the 4. Cumulative exposure to substances 12. A metabolism study showed that subpopulation of concern. with common mechanism of toxicity. the majority (≈90%) of the administered 2. Chronic toxicity. A RfD of 0.2 mg/ Section 408(b)(2)(D)(v) requires that, dose of 14C-pyrimethanil following 14 kg was established based on a long-term when considering whether to establish, days of repeated oral exposure to rat toxicity study with a NOEL of 400 modify, or revoke a tolerance, the unlabeled pyrimethanil (5/sex) at a dose ppm and an uncertainty factor of 100. Agency consider ‘‘available level of 10 mg/kg was eliminated within 3. Carcinogenicity. Pyrimethanil was information’’ concerning the cumulative 24 hours, and the major route of classified as a Group C chemical - effects of a particular pesticide’s elimination was via the urine (≈72%). possible human carcinogen. The residues and ‘‘other substances that Approximately 17-18% of the dose was Agency’s Carcinogenicity Peer Review have a common mechanism of toxicity.’’ eliminated via feces. Radiolabeled Committee (CPRC) chose a non-linear The Agency believes that ‘‘available pyrimethanil was detected only in the approach (MOE) based on a NOEL of 17 information’’ in this context might liver, kidney, and blood at study mg/kg/day for increased incidences of include not only toxicity, chemistry, termination (24 hours post dose). The thyroid tumors in rats. The MOE and exposure data, but also scientific highest residue was displayed in the methodology was selected because of policies and methodologies for liver in both sexes. There was no thyroid tumors associated with understanding common mechanisms of significant sex difference. The overall administration of pyrimethanil in the rat toxicity and conducting cumulative risk recovery of radiolabeled pyrimethanil which may be due to a disruption in the assessments. For most pesticides, was ≈91%. thyroid-pituitary status. although the Agency has some 13. A metabolism study showed that 4. Toxicity endpoints for non-dietary information in its files that may turn out the majority of a radiolabeled dose of exposure. A toxicity endpoint for non- to be helpful in eventually determining pyrimethanil (≈97% low dose; 65% high dietary exposure is not required as the whether a pesticide shares a common dose) administered following single oral Agency is only considering the import mechanism of toxicity with any other exposures of rats to dose levels of 11.89 tolerance on wine grapes. substances, EPA does not at this time or 800 mg/kg of pyrimethanil was have the methodologies to resolve the eliminated within 24 hours, and the C. Exposure and Risks complex scientific issues concerning major route of elimination was via the 1. From food and feed uses. This is common mechanism of toxicity in a urine (low dose 74%-76%; high dose the first tolerance for residues of meaningful way. EPA has begun a pilot 65%-67%). Approximately 21%-23% of pyrimethanil in or on a raw agricultural process to study this issue further the low dose and ≈15%-18% of the high commodity. Risk assessments were through the examination of particular dose was eliminated via the feces. The conducted by EPA to assess dietary classes of pesticides. The Agency hopes highest residues were displayed in the exposures and risks from pyrimethanil that the results of this pilot process will liver, kidney, thyroid, and blood at the as follows: increase the Agency’s scientific high dose. The overall recovery of i. Acute dietary exposure and risk. An understanding of this question such that radiolabeled pyrimethanil following acute dietary endpoint for females 13+ EPA will be able to develop and apply single-dose exposure was >94% at the and the general public were assessed scientific principles for better high dose and >101% at the low dose. because of potential oral consumptions. determining which chemicals have a No sex differences were observed. Since For the subpopulation of concern, common mechanism of toxicity and tissue levels were measured at only one females 13+, the estimated acute Margin evaluating the cumulative effects of time point, no statement regarding of Exposure (MOE) of 405 demonstrates such chemicals. The Agency anticipates, bioaccumulation can be made. no acute dietary concern. however, that even as its understanding 14. A metabolism study in rats ii. Chronic exposure and risk. The RfD of the science of common mechanisms administered 14C-pyrimethanil orally used for the chronic dietary analysis increases, decisions on specific classes once a day over a period of 28 days (10 was 0.20 mg/kg/day. A tolerance of 5.0 of chemicals will be heavily dependent mg/kg), with periodic sacrifices at days ppm in or on wine grapes was used. on chemical-specific data, much of 1, 3, 5, 8, 11, 17, 23, 28, and 32 for Using the tolerance level residue (5.0 which may not be presently available. residue analysis of organs/tissues ppm) and assuming that 100% of the Although at present the Agency does showed detectable levels of radiolabeled crop is treated, the risk assessment not know how to apply the information pyrimethanil in adrenals, blood, kidney, resulted in use of less than 1% of the in its files concerning common liver, spleen, and thyroid. Blood and RfD for the general population and all mechanism issues to most risk liver displayed detectable levels of 22 subgroups, including infants under 1 assessments, there are pesticides as to radiolabeled pyrimethanil after a single year and children under 13 years of age. which the common mechanism issues Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63667 can be resolved. These pesticides of concern and therefore, EPA has a from food will utilize less than 1% of include pesticides that are reasonable certainty that no harm will the RfD for infants and children. EPA toxicologically dissimilar to existing result from exposures to residues of generally has no concern for exposures chemical substances (in which case the pyrimethanil. below 100% of the RfD because the RfD Agency can conclude that it is unlikely represents the level at or below which F. Aggregate Risks and Determination of that a pesticide shares a common Safety for Infants and Children daily aggregate dietary exposure over a mechanism of activity with other lifetime will not pose appreciable risks substances) and pesticides that produce 1. Safety factor for infants and to human health. EPA concludes that a common toxic metabolite (in which children—i. In general. In assessing the there is a reasonable certainty that no case common mechanism of activity potential for additional sensitivity of harm will result to infants and children will be assumed). infants and children to residues of from aggregate exposure to pyrimethanil EPA does not have, at this time, pyrimethanil, EPA considered data from residues. available data to determine whether developmental toxicity studies in the rat pyrimethanil has a common mechanism and rabbit and a 2-generation III. Other Considerations of toxicity with other substances or how reproduction study in the rat. The A. Metabolism in Plants and Animals. to include this pesticide in a cumulative developmental toxicity studies are risk assessment. Unlike other pesticides designed to evaluate adverse effects on The metabolism in plants is for which EPA has followed a the developing organism resulting from adequately understood for the purposes cumulative risk approach based on a pesticide exposure during prenatal of this use of pyrimethanil on wine common mechanism of toxicity, development to one or both parents. grapes. The residue of regulatory pyrimethanil does not appear to Reproduction studies provide concern is the parent compound only, produce a toxic metabolite produced by information relating to effects from pyrimethanil. Since it has been other substances. For the purposes of exposure to the pesticide on the determined that secondary residues in this tolerance action, therefore, EPA has reproductive capability of mating livestock commodities are not likely to assumed that pyrimethanil does not animals and data on systemic toxicity. result from this use, metabolism of have a common mechanism of toxicity FFDCA section 408 provides that EPA pyrimethanil in animals is not relevant with other substances. shall apply an additional tenfold margin to this requested use on wine grapes. of safety for infants and children in the B. Analytical Enforcement Methodology D. Aggregate Risks and Determinations case of threshold effects to account for of Safety for U.S. Population pre- and post-natal toxicity and the The method accepted by EPA for 1. Chronic risk. Using the TMRC completeness of the data base unless enforcement of pyrimethanil in wine exposure assumptions described above, EPA determines that a different margin grapes is AgrEvo USA’s Method (R2/2) EPA has concluded that aggregate of safety will be safe for infants and Analytical Method for the exposure to pyrimethanil from food will children. The developmental and Determination of Residues of utilize less than 1% of the RfD for the reproductive toxicity data base for Pyrimethanil in Wine by HPLC (MRID # U.S. population and the 22 subgroups, pyrimethanil is considered to be 433450-10). This method is available including infants and children. EPA complete. The data base includes an from the Docket under docket control generally has no concern for exposures acceptable 2-generation reproduction number [OPP–300589] at the address below 100% of the RfD because the RfD study in rats and acceptable pre-natal stated above. represents the level at or below which developmental toxicity studies in rats C. Magnitude of Residues. daily aggregate exposure over a lifetime and rabbits. The data did not suggest will not pose appreciable risks to any additional sensitivity to the embryo Fifty-seven field trials consisting of human health. EPA concludes that there or neonate following in utero or early different applications and is a reasonable certainty that no harm post-natal exposure to pyrimethanil. concentrations of pyrimethanil were will result from aggregate exposure to The maternal NOEL was 85 mg/kg/day performed in Italy, Germany, South pyrimethanil residues. and the developmental NOEL was 1,000 Africa, France, Spain, and Greece. 2. Acute risk. Acute dietary margins of mg/kg/day (highest dose tested) in the HPLC/UV was the analytical method exposure greater than 100 tend to cause rat developmental toxicity study. In the used for residue determination. Grape no dietary concern. The estimated MOE developmental toxicity study in rabbits, and wine samples were stored at -20 °C value of 450 does not exceed the the maternal NOEL was 7 mg/kg/day and 4 °C, respectively, until analysis. Agency’s level of concern and therefore, and the developmental NOEL was 45 Maximum storage period was 9 months EPA has a reasonable certainty that no mg/kg/day. Results from the 2- and 12 months for wine and grape harm will result from acute dietary generation reproduction toxicity study samples, respectively. The storage exposure. in rats indicated a reproductive toxicity period, as indicated by the storage NOEL of 294 mg/kg/day for males and stability data, is considered adequate for E. Aggregate Cancer Risk for the U.S. 343 mg/kg/day for females (highest dose storage samples. Residues of Population tested). The developmental toxicity pyrimethanil for grapes ranged from This chemical has been classified as NOEL was established at 23.l mg/kg/day 0.74 to 4.14 ppm. The maximum value a Group C - chemical (possible human for males and 27.4 mg/kg/day for of 4.14 ppm was obtained after a carcinogen) and a non-linear females. The developmental and maximum total application rate of 4 kg methodology (MOE) was applied for the reproductive NOEL are at least 1,000 ai/Ha and a PHI of 26 days. estimation of human cancer risk. Cancer fold higher than the RfD (0.2 mg/kg/ Additionally, one study showed a MOEs are estimated by dividing the day), and should be protective for maximum residue for grapes of 6.2 ppm carcinogenic NOEL of 17 mg/kg/day infants and children. No additional (PHI = 0 days, Total application rate = from the rat chronic feeding study by safety factors are warranted. 2.4 kg ai/Ha) and another maximum the chronic exposure (TMRC). The 2. Chronic risk. Using the residue of 9.5 ppm (PHI = 26 days, Total cancer MOE was estimated for the U.S. conservative exposure assumptions application rate = 3.0 kg ai/Ha). population as 40,380. The estimated described above, EPA has concluded However, most of the residue in wine MOE does not exceed the Agency’s level that aggregate exposure to pyrimethanil grapes were less than 4.14 ppm. For 63668 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations grape must, residues ranged from 0.41 to rulemaking. The objections submitted The official record for this 1.3 ppm. For wine, residues ranged from must specify the provisions of the rulemaking, as well as the public <0.05 to 1.8 ppm. regulation deemed objectionable and the version, as described above will be kept A processing study was conducted in grounds for the objections (40 CFR in paper form. Accordingly, EPA will Fresno, California in which one 178.25). Each objection must be transfer any copies of objections and application of pyrimethanil (40 SC) was accompanied by the fee prescribed by hearing requests received electronically made at a nominal rate of 1 kg ai/Ha at 40 CFR 180.33(i). If a hearing is into printed, paper form as they are each of the following growth stages: requested, the objections must include a received and will place the paper copies flowering, grape closure, color change, statement of the factual issues on which in the official rulemaking record which and 21 days pre-harvest. Applications a hearing is requested, the requestor’s will also include all comments were made by airblast ground rig contentions on such issues, and a submitted directly in writing. The sprayer and all plots were harvested at summary of any evidence relied upon official rulemaking record is the paper normal harvest time. by the requestor (40 CFR 178.27). A record maintained at the Virginia Residues of pyrimethanil in whole request for a hearing will be granted if address in ‘‘ADDRESSES’’ at the grapes concentrated in all processed the Administrator determines that the beginning of this document. commodities produced from those material submitted shows the following: VII. Regulatory Assessment grapes except juice. Raisins and juice There is genuine and substantial issue Requirements are considered to be the only processed of fact; there is a reasonable possibility commodities. Raisin waste, wet and dry that available evidence identified by the This final rule establishes a tolerance grape pomace are not considered requestor would, if established, resolve under FFDCA section 408(d) in processed commodities for the purposes one or more of such issues in favor of response to a petition submitted to the of this petition in/on wine grapes. the requestor, taking into account Agency. The Office of Management and However, since this petition is for wine uncontested claims or facts to the Budget (OMB) has exempted these types grapes and not for table grapes, a contrary; and resolution of the factual of actions from review under Executive tolerance in/on raisins is not needed at issues in the manner sought by the Order 12866, entitled Regulatory this time. For future tolerance petitions requestor would be adequate to justify Planning and Review (58 FR 51735, in grapes grown for fresh consumption, the action requested (40 CFR 178.32). October 4, 1993). This final rule does a tolerance will be required for raisins. Information submitted in connection not contain any information collections with an objection or hearing request subject to OMB approval under the D. Codex Considerations may be claimed confidential by marking Paperwork Reduction Act (PRA), 44 There are no Mexican, Canadian, or any part or all of that information as U.S.C. 3501 et. seq., or impose any Codex listings for residues of Confidential Business Information (CBI). enforceable duty or contain any pyrimethanil; therefore, there are no Information so marked will not be unfunded mandate as described under harmonization issues. disclosed except in accordance with Title II of the Unfunded Mandates procedures set forth in 40 CFR part 2. Reform Act of 1995 (UMRA) (Pub. L. IV. Conclusion A copy of the information that does not 104-4). Nor does it require any prior Therefore, the tolerance is established contain CBI must be submitted for consultation as specified by Executive for pyrimethanil in or on wine grapes at inclusion in the public record. Order 12875, entitled Enhancing the 5.0 ppm. Information not marked confidential Intergovernmental Partnership (58 FR 58093, October 28, 1993), or special V. Objections and Hearing Requests. may be disclosed publicly by EPA without prior notice. considerations as required by Executive The new FFDCA section 408(g) Order 12898, entitled Federal Actions to provides essentially the same process VI. Public Docket Address Environmental Justice in for persons to ‘‘Object’’ to a tolerance EPA has established a record for this Minority Populations and Low-Income regulation issued by EPA under the new rulemaking under docket control Populations (59 FR 7629, February 16, section 408(e) and (1)(6) as was number OPP–300589 (including any 1994), or require OMB review in provided in the old section 408 and in comments and data submitted accordance with Executive Order 13045, section 409. However, the period of electronically). A public version of this entitled Protection of Children from filing objections is 60 days, rather than record, including printed, paper Environmental Health Risks and Safety 30 days. EPA currently has procedural versions of electronic comments, which Risks (62 FR 19885, April 23, 1997). regulations which govern the does not include any information In addition, since tolerances and submission of objections and hearing claimed as CBI, is available for exemptions that are established on the requests. These regulations will require inspection from 8:30 a.m. to 4 p.m., basis of a petition under FFDCA section some modification to reflect the new Monday through Friday, excluding legal (408(d), such as the tolerance in this law. However, until those modifications holidays. The public record is located in final rule, do not require the issuance of can be made, EPA will continue to use Room 1132 of the Public Information a proposed rule, the requirements of the its current procedural regulations with and Records Integrity Branch, Regulatory Flexibility At (RFA) (5 appropriate adjustments to reflect the Information Resources and Services U.S.C.601 et. seq.) do not apply. new law. Division (7502C), Office of Pesticide Nevertheless, the Agency previously Any person may, by February 2, 1998, Programs, Environmental Protection assessed whether establishing file written objections to any aspect of Agency, Crystal Mall #2, 1921 Jefferson tolerances, exemptions from tolerances, this regulation and may also request a Davis Hwy., Arlington, VA. raising tolerance levels or expanding hearing on those objections. Objections Electronic comments may be sent exemptions might adversely impact and hearing requests must be filed with directly to EPA at: opp- small entities and concluded, as a the Hearing Clerk, at the address given [email protected]. generic matter, that there is no adverse above (40 CFR 178.20). A copy of the Electronic comments must be economic impact. The factual basis for objections and/or hearing requests filed submitted as an ASCII file avoiding the the Agency’s generic certification for with the Hearing Clerk should be use of special characters and any form tolerance actions published on May 4, submitted to the OPP docket for this of encryption. 1981 (46 FR 24950), and was provided Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63669 to the Chief Counsel for Advocacy of the DEPARTMENT OF HEALTH AND Electronically submitted comments will Small Business Administration. HUMAN SERVICES be available for public inspection at the Independence Avenue address, below. VIII. Submission to Congress and the Health Care Financing Administration Because of staffing and resource General Accounting Office limitations, we cannot accept comments 42 CFR Part 417 by facsimile (FAX) transmission. In Under 5 U.S.C. 801(a)(1)(A), as added commenting, please refer to file code by the Small Business Regulatory [HCFA±1911±IFC] HCFA–1911–IFC. Comments received Enforcement Fairness Act of 1996, the RIN 0938±AI35 timely will be available for public Agency has submitted a report Medicare+Choice Program; Collection inspection as they are received, containing this rule and other required generally beginning approximately 3 information to the U.S. Senate, the U.S. of User Fees From Medicare+Choice Plans and Risk-Sharing Contractors weeks after publication of a document, House of Representatives, and the in Room 309-G of the Department’s Comptroller General of the General AGENCY: Health Care Financing offices at 200 Independence Avenue, Accounting Office prior to publication Administration (HCFA), HHS. SW., Washington, D.C., on Monday of this rule in today’s Federal Register. ACTION: Interim final rule with request through Friday of each week from 8:30 This is not a ‘‘major rule’’ as defined by for comments. a.m. to 5 p.m. (phone: (202) 690–7890). 5 U.S.C. 804(2). FOR FURTHER INFORMATION CONTACT: SUMMARY: This interim final rule with a List of Subjects in 40 CFR Parts 180 Randy Ricktor, (410) 786–4632, Marty request for comments establishes the Abeln, (410) 786–1032. methodology that will be employed to Environmental protection, SUPPLEMENTARY INFORMATION: Administrative practice and procedure, assess fees applicable to Medicare risk- sharing contractors for fiscal year (FY) Agricultural commodities, Pesticides I. Background 1998. Under section 4002 of the and pest, Reporting and recordkeeping Section 4001 of the Balanced Budget Balanced Budget Act of 1997, these requirements. Act of 1997 (BBA) (Public Law 105–33), contractors must contribute their pro Dated: November 21, 1997. added a new section 1857(e)(2) to the rata share of costs relating to beneficiary Social Security Act (the Act), that Linda A. Travers, enrollment, dissemination of establishes a fee requirement that Acting Director, Office of Pesticide Programs. information, and certain counseling and Medicare+Choice plans must contribute assistance programs. The Therefore, 40 CFR chapter I is their pro rata share, as determined by Medicare+Choice regulation to be amended as follows: the Secretary, of costs relating to published in June of 1998 will enrollment and dissemination of implement this requirement for PART 180Ð[AMENDED] information and certain counseling and Medicare+Choice plans. assistance programs. Section 4002(b) of a. The authority citation for part 180 DATES: Effective Date: These regulations the BBA makes this requirement continues to read as follows: are effective on January 1, 1998. applicable to those managed care plans Comment Date: Comments will be Authority: 21 U.S.C. 346a and 371 with risk sharing contracts under considered if we receive them at the section 1876 of the Act. Any amounts b. Section § 180.518 is added to read appropriate address, as provided below, collected are authorized to be as follows: no later than 5 p.m. on February 2, appropriated only for the purpose of 1998. carrying out section 1851 of the Act § 180.518 Pyrimethanil; tolerances for ADDRESSES: Mail an original and 3 residues. (relating to enrollment and copies of written comments to the dissemination of information) and (a) General. [Reserved] following address: Health Care section 4360 of the Omnibus Budget Financing Administration, Department (b) Section 18 emergency exemptions. Reconciliation Act of 1990 (Public Law of Health and Human Services, [Reserved] 103–66, OBRA 1990), relating to the Attention: HCFA–1911–IFC, P.O. Box health insurance counseling and (c) Tolerances with regional 7517, Baltimore, MD 21207–5187. assistance program. registrations. [Reserved] If you prefer, you may deliver an For any Federal fiscal year (FY), the (d) Indirect or inadvertent residues. original and 3 copies of your written fees authorized under section [Reserved] comments to one of the following 1857(e)(2)(B) of the Act are contingent addresses: (e) Import. Import tolerances are upon enactment in an appropriations Room 309–G, Hubert H. Humphrey established for residues of the fungicide act of a provision specifying the Building, 200 Independence Avenue, aggregate amount of fees the Secretary is 4,6-dimethyl-N-phenyl-2- SW., Washington, D.C. 20201, or directed to collect in that fiscal year. pyrimidinamine expressed as Room C5–09–26, 7500 Security The BBA fees collected during any FY pyrimethanil in or on the following raw Boulevard, Baltimore, Maryland are to be credited as offsetting agricultural commodity: 21244–1850. collections. Under section 1857(e)(2)(D), Comments may also be submitted the fees authorized under section electronically to the following e-mail 1857(e)(2)(B) are not to be established at address: HCFA–1911–[email protected]. E- any amount greater than the lesser of the Commodity Parts per million mail comments must include the full estimated costs to be incurred by the Wine grapes ...... 5.0 ppm name and address of the sender, and Secretary in the FY in carrying out the must be submitted to the referenced activities described in sections 1851 of address in order to be considered. All the Act and 4360 of the OBRA 1990; or [FR Doc. 97–31552 Filed 12-1-97; 8:45 am] comments must be incorporated in the $200 million in Federal fiscal year 1998; BILLING CODE 6560±50±F e-mail message because we may not be $150 million in fiscal year 1999; and able to access attachments. $100 million in fiscal year 2000 and 63670 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations each subsequent fiscal year (or such Enrollment in risk contracting plans is serve as a prohibitive financial barrier amounts as may be specified in not evenly distributed, in fact, almost 50 restricting entry of new low enrollment appropriations bills). The percent of beneficiaries enrolled in plans into the Medicare+Choice appropriations bill for FY 1998, permits Medicare risk contracting plans are program. the Secretary to collect no more than concentrated in only 10 percent of the • As a second general approach, we $95 million in FY 1998. We estimate risk plans. A Medicare risk contracting evaluated assessing the BBA fees based that the costs to be incurred in carrying plan is paid a capitation payment (that on the number of beneficiaries enrolled out the activities described in sections varies depending on the geographic in a particular plan. Specifically, under 1851 and 4360 will exceed the full limit location of the plan) for each enrolled this approach a fixed per capita rate of $95 million for FY 1998. Therefore, beneficiary in its plan, thus the range of would be assessed on a per member we will collect the full $95 million total Medicare payments received by month basis. Thus, a fixed dollar amount provided for in the FY 1998 risk plans also varies greatly. The amount would be deducted from the appropriation bill. typical risk contracting plan is paid capitation payment of each beneficiary about $12 million each month. enrolled in the plan. For example, at a II. Discussion of Possible Approaches to Medicare’s monthly payments to all risk total enrollment level of 5 million Collecting Medicare+Choice Fees contracting plans exceed $2 billion a beneficiaries, the assessment of a $95 Risk Contracting Plans month, with payments to some of the million BBA fee (over a nine month collection period) would result in a The BBA authorizes the collection of largest risk contracting plans averaging deduction of approximately $2.09 from fees from both Medicare+Choice plans over $100 million a month. the monthly capitation payment for and existing managed care plans with Approaches to Assessing Fees each beneficiary enrolled in an eligible risk sharing contracts under section A number of approaches were plan. Collecting fees under this 1876 of the Act. Under section 4002 of considered in selecting a methodology approach would mean that each plan’s the BBA Medicare risk contracting plans for assessing the BBA fees which would assessment is directly related to the may continue to contract with HCFA be consistent with the goals of the number of beneficiaries enrolled in the through December 31, 1998. Effective, Medicare+Choice program and also plan. Thus, this method equitably links January 1, 1999, all risk contracting equitable in terms of financial impact on the BBA fee assessment with the size of plans are required to contract with current Medicare risk contracting plans the plan as determined by beneficiary HCFA only as Medicare+Choice plans. as well as new Medicare+choice plans. enrollment. However, this method does We do not expect final regulations for In order to ensure that the selected fee not adjust for the geographic variation the Medicare+Choice program to be assessment methodology meets the in the monthly capitation payment paid effective before June 1998. Until the Medicare+Choice goals and is equitably to plans, which range from Medicare+Choice program regulations applied to all eligible plans, we approximately $367 per member month are published the only organizations identified the specific criteria described in the lowest payment areas (typically subject to the BBA fees will be Medicare below. rural) up to a maximum of $782 per risk contracting plans. Regulations The following criteria were used in member month in the highest capitation implementing the BBA fees for selecting the BBA fee assessment payment areas (typically urban). Medicare+Choice plans will be included methodology: • A third approach considered was to as part of the larger Medicare+Choice • The fee assessment should serve to assess the BBA fee as a fixed percentage regulation to be published in June of support the goal of promoting of the total monthly payment to each 1998. In the June regulation we will enrollment growth in Medicare+Choice plan. This approach is financially describe how we will continue to assess plans. In particular, the fee assessment equitable since any plan’s assessment is the BBA fees from Medicare risk should not present a barrier to the entry based specifically on the total capitation contracting plans during FY 1998 and of new or small plans (e.g., low dollars an eligible plan receives from how Medicare+Choice plans will be enrollment plans in rural areas) into the the Federal government. Thus, the more included in the FY 1998 assessment of Medicare+Choice program. dollars a plan is paid the greater the $95 million. The June 1998 regulation • The fees should be equitably BBA fee assessment. Generally, this will also describe the BBA assessment applied to all eligible plans on a basis approach would impose a slightly methodology for future fiscal years. It which is balanced by their Medicare higher cost on eligible plans located in should be noted that any new Medicare revenue from the Federal government. the higher capitation payment areas. risk contracts and Medicare+Choice • The methodology for assessing the Alternatively, this approach would not plans (during the FY 1998 assessment fees should be as simple as possible, disproportionately effect those plans in period) will be subject to the FY 1998 and implemented in a manner that the lowest payment areas which tend to BBA fee assessment. Since we anticipate minimizes the financial impact on plans be smaller plans in rural areas. that Medicare risk contracting plans will and the administrative costs to HCFA. • A fourth approach considered was necessarily be responsible for a We considered four general establishing a flat base fee assessment (a substantial portion of the FY 1998 BBA approaches which might be used in percentage of the overall fee) that each fees the following background is assessing the BBA fees: eligible plan would pay, coupled with a provided regarding the size and scope of • The first and most direct approach variable assessment that would be the Medicare risk contracting program. considered was to divide the total determined by the size of the plan. We As of October 1, 1997, there were 279 annual BBA fee cost equally among all evaluated such an approach because of active Medicare risk plans with each the eligible plans. While this approach concern that assessing fees based solely having an average enrollment of 28,000 would be simple to implement and on size (determined either by Medicare beneficiaries. There is great administer it was rejected because it beneficiary enrollment or dollars paid to range in the size of Medicare risk plans, clearly imposes a disproportionate the plan), would mean that smaller and with the smallest risk plans having less financial burden on small plans, as they new plans with limited enrollment than 500 enrolled beneficiaries, up to would be paying the same amount of might not be contributing their fair the largest risk plan having almost BBA fees as the largest plans. In share toward the annual BBA fee 300,000 enrolled beneficiaries. addition, an equal fee assessment could assessment. However, upon evaluating Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63671 various fixed dollar amounts as a base • We establish a fee percentage rate • We will collect the fees by offset fee assessment we recognized that any and collect the fees over nine against the organization’s monthly fixed amount would have to be very consecutive months beginning with Medicare payment. Beginning with the small in order to not present an January of the fiscal year or until the January payment, we will withhold the excessive financial burden for small $95 million assessment limit has been organization’s share of fees and deduct plans or create an entry barrier for new reached. The aggregate amount of fees the amount from the total payment low enrollment plans. For example, at we are authorized to collect in FY 1998 made to the organization for that month. the $95 million national fee level, if all is $95 million. We will begin collecting (§ 417.472(h)(4)) plans were assessed an annual fee of the BBA fees for fiscal year 1998 from • We will stop collecting the BBA fee $15,000 combined with a variable cost, eligible plans starting January 1, 1998. from plans when the $95 million has we estimated that for small plans (500 The three months from October thru been assessed. We will not collect more or fewer members) the $15,000 annual December will be used by HCFA to than the $95 million FY 1998 fee amount (combined with the variable make any necessary adjustments assessment from eligible plans. assessment) would result in these plans regarding the fees collected from plans • Should delays occur in determining being assessed from 1 to 5 percent of the in the previous assessment period. the aggregate amount of fees for a fiscal total capitation payments small plans The percentage BBA fee assessment year we may adjust the assessment time receive from the Medicare program. for FY 1998 is .428 percent. This period and fee percentage amount if: (1) This result is in contrast to the other percentage rate is based on the total it becomes evident that the full assessment approaches discussed above estimated Medicare payment amount to aggregate amount of fees cannot be under which all plans would be all eligible plans on January 1, 1998. collected within the allotted assessment assessed less than 1 percent of the The percentage amount is calculated by time period; or (2) for any other reason payments they receive from the multiplying the projected total January the assessment cannot be started in Medicare Program. payment amount by nine (months in the January. In addition, if the annual fee limit is reached in any month prior to Conclusion assessment period) and then dividing this figure into the total FY 1997 BBA the end of the assessment period, we Based on the selection criteria, we fee assessment of $95 million. We will cease collecting fees. have chosen the third methodology estimate that we will pay all risk (§ 417.472(h)(5)) (described above) which calls for the contracting plans $2,464,524,000 in Medicare demonstrations with a BBA fees to be assessed as a fixed January of 1998. We then multiplied section 1876 risk sharing contract will percentage of the total monthly $2,464,524,000 times nine (the projected also be subject to the annual fee calculated Medicare payments eligible assessment period) which equals assessment. plans receive from Medicare. Assessing $22,180,716,000. A $95 million total IV. Regulatory Impact Statement fees on this basis in FY 1998 will BBA fee represents .428 percent of the require the deduction of only a very $22,180,716,000 figure. Accordingly, A. Background small percentage of any plan’s total during the nine month assessment We have examined the impact of this annual Medicare payments (less than period we will deduct .428 percent of interim final rule as required by one-half of one percent). Accordingly, each eligible plan’s total calculated Executive Order 12866 and the we believe this approach best meets the monthly payment as its portion of the Regulatory Flexibility Act (RFA) (Public goals of supporting the BBA fee. Adjustments for retroactive Law 96–354). Executive Order 12866 Medicare+Choice program as well as enrollments and disenrollments to our directs agencies to assess all costs and being equitable to current Medicare risk enrollment system subsequent to benefits of available regulatory contracting plans and future November are not considered or alternatives and, when regulation is Medicare+Choice plans. factored into the calculation for the fee necessary, to select regulatory III. Provisions of the Interim Final Rule determination. (§ 417.472(h)(2)) approaches that maximize net benefits • An eligible organization with a risk (including potential economic, In summary the provisions of this contract’s pro rata share of the annual environmental, public health and safety interim final rule are as follows: fee is determined based upon the effects; distributive impacts; and • Section 1857(e)(2) of the Act organization’s monthly calculated equity). The Regulatory Flexibility Act provides for the collection of fees from Medicare payment amount during the (RFA) requires agencies to analyze each eligible organization with a risk- preceding nine consecutive months options for regulatory relief for small sharing contract its share of the fees for beginning with January. We will businesses, unless we certify that the administering section 1851 of the Act calculate each monthly pro rata share regulation would not have a significant relating to enrollment and for an eligible plan by multiplying the economic impact on a substantial dissemination of information and established BBA fee percentage by the number of small entities. Most Medicare section 4360 of the OBRA 1990 relating total monthly calculated Medicare risk contracting plans are not to the health insurance counseling and payment amount to plans as recorded in considered to be small entities within assistance program in accordance with our payment system on the first day of the meaning of the RFA. the specified requirements. the month. We recognize that retroactive Section 1102(b) of the Act requires us (§ 417.472(h)) changes to enrollment and to prepare a regulatory impact analysis • The aggregate amount of fees for a disenrollment dates are normal business if a final rule may have a significant fiscal year are the lesser of the estimated transactions and occur on a routine impact on the operations of a substantial costs to be incurred by HCFA in that basis. However, we have determined number of small rural hospitals. This fiscal year to carry out the activities that the overall dollar impact on plans analysis must conform to the provisions described in section 1851 of the Act and of these enrollment and disenrollment of section 604 of the RFA. For purposes section 4360 of the OBRA 1990, or, if changes do not represent a material of section 1102(b) of the Act, we define less, the amount set forth in the DHHS amount to warrant an adjustment to the a small rural hospital as a hospital that appropriation for the fiscal year. organization’s pro rata share of the BBA is located outside a Metropolitan (§ 417.472(h)(1)). fee assessment. (§ 417.472(h)(3)) Statistical Area and has fewer than 50 63672 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations beds. We are not preparing an analysis amount authorized in the appropriation a deduction of approximately $2.09 for section 1102(b) of the Act because bill. from the monthly capitation payment we have determined, and we certify, Under any regulatory approach to for each beneficiary enrolled in a risk that this final rule will not have a collect these user fees, we would collect contracting plan over a nine month significant impact on the operations of the same aggregate amount of BBA fees. assessment time frame. Collecting fees a substantial number of small rural This is because we collect the lesser of under this approach means that each hospitals. the amount of estimated costs or the plan’s assessment is directly related to The Balanced Budget Act of 1997 amount specified in appropriations the number of beneficiaries enrolled in directs HCFA to collect the BBA fees legislation. the plan. Thus, this approach can be from Medicare risk contracting plans, considered equitable since it directly 2. Effects on Risk-sharing Plans and from Medicare+Choice plans, in links the BBA fee assessment with the order to finance an annual informational Assessing BBA fees based on the size of the plan. However, the method campaign for Medicare beneficiaries. payment plans receive from the does not adjust for the wide geographic These collections begin in fiscal year Medicare program distributes the variation in the monthly capitation 1998, and are limited, in the aggregate, impact of these fees in direct proportion payment paid to plans, which ranges to amounts stipulated in the BBA and to the amount of money the plan is from approximately $367 per member determined by the Congress in receiving from the Federal government. month in the lowest payment areas up appropriations legislation. This interim It should also be noted that Medicare to a maximum of $782 per member final rule discusses the regulatory risk contracting plans and month in the highest capitation alternatives that HCFA considered in Medicare+Choice plans will benefit payment area. establishing user fee charges to these from the Secretary’s enrollment and A third alternative which we organizations. information activities, which will be considered and accepted was to assess Although we view the anticipated financed through the BBA fee the BBA fee through a fixed percentage results of this interim final regulation as assessment. Accordingly, we believe deduction from the plan’s aggregate beneficial to the Medicare program as that assessing the BBA fees as a fixed monthly capitation payments. well as to Medicare beneficiaries, we percentage of total Medicare payments A fourth alternative reviewed in recognize that some of the provisions to plans is the most equitable approach. assessing user fees is a combination of a flat annual fee with a variable could be controversial and may be 3. Effects on Medicare Beneficiaries responded to unfavorably by some component. That is, there would be a affected entities. We also recognize that Medicare beneficiaries are certain to base fee assessment that each eligible not all of the potential effects of these benefit from the informational campaign plan would pay, plus an additional provisions can be anticipated, and that financed by these user fee collections. assessment based on a variable element it may be impossible to quantify They are not, however, directly affected such as plan enrollment or total plan meaningfully some of the potential by the regulatory approach to payment. We rejected the regulatory effects, particularly the economic establishing BBA fee charges to risk approach of a base assessment with impact of the informational campaign contracting plans and are therefore not additional variable assessments as we on individual Medicare+Choice plans. It directly impacted by the provisions of have determined that a flat fee of more is clear that all existing Medicare risk this interim final rule. than a nominal amount (e.g., $15,000 in FY 1998) will result in a contracting plans and future C. Alternatives Considered Medicare+Choice plans will be affected disproportionate impact on smaller We considered several alternatives in by these provisions to varying degrees. plans. assessing BBA fees on Medicare risk As noted above we decided to impose In selecting our regulatory options, we contracting plans and discussed them fees based on a percentage of the total have attempted to identify a elsewhere in this preamble. dollar amount of capitation payments a methodology that is consistent with the The first alternative was to simply plan is receiving from the Medicare legislative intent of the BBA while being equally divide the total annual user fee program. Collecting the BBA fees under equitable to current Medicare risk cost among all the eligible plans. With this approach means that each plan’s contracting plans and new approximately 280 plans currently assessment will be directly related to Medicare+Choice plans. For the subject to the fees, this approach would the total dollars the plan is receiving aforementioned reasons, we have mean for example, that in FY 1998, with from the Federal government. Thus, prepared the following voluntary a total assessment of $95 million, each eligible plans which are receiving the analysis. This analysis, in combination of the eligible plans would be assessed largest payments (based on number of with the rest of the preamble, is more than $339,000. The regulatory enrollees and monthly payment levels) consistent with the standards of analysis impact of this alternative, which we from the Federal government will pay set forth by the RFA. rejected, results in a disproportionate the largest share of the fees. Conversely, B. Anticipated Effects financial burden on smaller plans. smaller plans will have an assessment As a second general approach, we directly related to their smaller size. We 1. Effects on the Medicare Trust Funds evaluated assessing the BBA fees based also found this approach met the criteria The user fees outlined in this on the number of beneficiaries enrolled we had established for the selection of regulation to be collected by HCFA are in a particular plan. Specifically, under the BBA Fee assessment methodology. established as a result of enactment of this approach a fixed per capita rate Specifically, we determined that an the BBA. We have determined that the would be assessed on a per member assessment based on percentage of plan estimated costs to be incurred in month basis. Thus, a fixed dollar payment is: consistent with the intent of carrying out the activities described in amount would be deducted from the the Medicare+Choice program in that it section 1851 of the Act and section 4360 capitation payment of each beneficiary does not pose barriers to the of the OBRA 1990 will exceed the limit enrolled in the plan. For example, given participation of new plans and those contained in the FY 1998 appropriations a constant enrollment level of 5 million with small enrollment levels; the bill. Therefore, the maximum amount to beneficiaries, the assessment of a $95 approach is equitable for current be collected by HCFA will be the million dollar BBA fee would result in Medicare risk contracting plans (large Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63673 and small) and finally; the approach is impracticable, unnecessary, or contrary PART 417ÐHEALTH MAINTENANCE simple for eligible plans and for HCFA to the public interest and it incorporates ORGANIZATIONS, COMPETITIVE to administer. a statement of the finding and its MEDICAL PLANS, AND HEALTH CARE reasons in the rule issued. We find good D. Conclusion PREPAYMENT PLANS cause to waive the notice-and-comment Since the number of plans over which procedure with respect to this rule 1. The authority citation for Part 417 the BBA fee collections will be spread because it is impracticable to employ continues to read as follows: is likely to continue to rise with such a procedure in this instance, Authority: Secs. 1102 and 1871 of the increased participation in the because it is unnecessary, and because Social Security Act (42 U.S.C. 1302 and Medicare+Choice program in future the delay in promulgating this rule 1395hh), secs. 1301, 1306, and 1310 of the years, we believe the regulatory impact would be contrary to the public interest. Public Health Service Act (42 U.S.C. 300e, of any reasonable selected option for Even if we did not find good cause for 300e–5, and 300e–9); and 31 U.S.C. 9701. imposition of fees on Medicare risk a waiver of prior notice and comment, 2. In § 417.470, paragraph (a) is contracting plans and ultimately section 1856(b)(1) of the Act expressly revised to read as follows: Medicare+Choice plans will not be authorizes the Secretary to publish final § 417.470 Basis and Scope. significant. In accordance with our rules without prior notice and comment stated objective of choosing the implementing provisions in the new (a) Basis. This subpart implements assessment methodology which best Part C of Title XVIII including the fees those portions of section 1857(e)(2) of supports the goals of the provided for in section 1857(e)(2) of the the Act pertaining to cost sharing in Medicare+Choice program and is BBA. enrollment-related costs and section equitable to current risk contracting Issuing a proposed rule with a 1876(c), (g), (h), and (i) of the Act that plans we have selected the option to comment period before issuing a final pertain to the contract between HCFA impose fees based on total plan payment rule would be impracticable because it and an HMO or CMP for participation assessed on a monthly basis. Assessing would allow for less time for HCFA to in the Medicare program. fees based on the total Medicare dollars collect the full $95 million amount * * * * * paid to plans over a nine month time allowed by Congress in the 3. Section 417.472 is amended by frame will represent only a small appropriations bill for FY 1998. An adding a new paragraph (h) to read as percentage of any plan’s total payment abbreviated assessment period would follows: from the government. In subsequent increase the financial impact on those fiscal years, BBA fees as a percentage of plans subject to the BBA fees in FY § 417.472 Basic contract requirements. Medicare payments will likely represent 1998. * * * * * an even smaller percentage of the For these reasons, we find good cause (h) Collection of fees from risk Medicare payments as the number of to waive publishing a proposed rule and contracting plans. HCFA is authorized eligible plans increase and the existing to issue this final rule with comment to charge and directed to collect from plans experience enrollment growth. In period. We invite written comments on each eligible organization with a risk- addition, it should also be noted that the this final rule and will consider sharing contract its share of fees for information campaign (financed by the comments we receive by the date and administering section 1851 of the Act BBA fees) will be designed to reach all time specified in the DATES section of relating to enrollment and Medicare beneficiaries and it is likely this preamble. Although we cannot dissemination of information and that, to the extent that this encourages respond to comments individually, if section 4360 of the Omnibus Budget growth in the Medicare+Choice we change this rule as a result of our Reconciliation Act of 1990 relating to program, larger more experienced plans consideration of timely comments, we the health insurance counseling and will be well positioned to take will respond to such comments in the assistance program in accordance with advantage of an expanding market. The preamble of the amended rule. the requirements of paragraphs (h)(1) economic impact of this regulatory through (5) of this section. VI. Response to Comments option measured in terms of the BBA (1) The aggregate amount of fees for a fees as a percentage of overall plan Because of the large number of items fiscal year are the lesser of the estimated revenues from the Federal government of correspondence we normally receive costs to be incurred by HCFA in that is very small. The consequence of a fee on Federal Register documents fiscal year to carry out the activities assessment based on a percentage of published for comment, we are not able described in section 1851 of the Act and total payment is a distribution of the to acknowledge or respond to them section 4360 of the Omnibus Budget BBA fee burden proportional to the size individually. We will consider all Reconciliation Act of 1990, or, if less, of the plan. We have concluded this is comments we receive by the date and the amount set forth in the DHHS the most equitable approach for all time specified in the DATES section of appropriation for the fiscal year. eligible plans in assessing the BBA fees. this preamble, and, when we proceed (2) HCFA establishes a fee percentage In accordance with the provisions of with a subsequent document, we will rate and collects the fees over nine Executive Order 12866, this final respond to the comments in the consecutive months beginning with regulation was reviewed by the Office of preamble to that document. January of the fiscal year. The Management and Budget. percentage rate is determined by List of Subjects in 42 CFR Part 417 multiplying the total of the estimated V. Waiver of Notice of Proposed Administrative practice and January 1998 payments to all eligible Rulemaking procedure, Grant programs-health, plans by nine (months in the assessment We ordinarily publish a notice of Health care, Health facilities, Health period) and dividing this figure into the proposed rulemaking in the Federal insurance, Health maintenance total fee assessment as determined in Register and invite prior public organizations (HMO), Loan programs- paragraph (h)(1) of this section. comment on proposed rules. The notice health, Medicare, Reporting and record Adjustments for retroactive enrollments of proposed rulemaking can be waived, keeping requirements. and disenrollments to HCFA’s however, if an agency finds good cause 42 CFR Part 417 is amended as set enrollment system subsequent to that a notice-and-comment procedure is forth below: November are not considered or 63674 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations factored into the calculation for the fee Station WGEN–FM’s license FEDERAL COMMUNICATIONS determination. accordingly. See 61 FR 51075, COMMISSION (3) An eligible organization with a September 30, 1996. Channel 285C3 can risk contract’s pro rata share of the be reallotted to DeWitt in compliance 47 CFR Part 73 annual fee is determined based upon the with the Commission’s minimum organization’s monthly calculated distance separation requirements with a [MM Docket No. 96±243; RM±8925] Medicare payment amount during the site restriction of 14.0 kilometers (8.7 preceding nine consecutive months miles) southeast to avoid short-spacings Radio Broadcasting Services; beginning with January. HCFA to the licensed sites of Station Chugwater, WY calculates each monthly pro rata share WXRX(FM), Channel 285A, Belvidere, AGENCY: Federal Communications for an organization by multiplying the Illinois, and Station WXCL(FM), Commission. established BBA fee percentage by the Channel 285A, Pekin, Illinois, at total monthly calculated Medicare petitioner’s requested site. The ACTION: Final rule. payment amount to plans as recorded in coordinates for Channel 285C3 at HCFA’s payment system on the first day DeWitt are North Latitude 41–42–50 and SUMMARY: The Commission, at the of the month. West Longitude 90–27–20. With this request of Mountain Tower (4) HCFA offsets the fees against the action, the proceeding is terminated. Broadcasting, allots Channel 258A at organization’s monthly Medicare Chugwater, Wyoming, as the payment. Beginning with the January EFFECTIVE DATE: January 5, 1998. community’s first local aural payment, HCFA withholds the FOR FURTHER INFORMATION CONTACT: transmission service. See 61 FR 65509, organization’s share of fees and deducts December 13, 1996. Channel 258A can the amount from the total payment Sharon P. McDonald, Mass Media Bureau, (202) 418–2180. be allotted to Chugwater in compliance made by HCFA to the organization for with the Commission’s minimum that month. HCFA will stop collecting SUPPLEMENTARY INFORMATION: This is a distance separation requirements at city the FY 1998 BBA fee from eligible plans synopsis of the Commission’s Report reference coordinates. The coordinates when $95 million has been assessed. and Order, MM Docket No. 96–195, for Channel 258A at Chugwater are (5) Should delays occur in adopted November 12, 1997, and North Latitude 41–45–36 and West determining the amount of fees released November 21, 1997. The full Longitude 104–49–30. With this action, specified in paragraph (h)(1) of this text of this Commission decision is this proceeding is terminated. section or the fee percentage rate available for inspection and copying EFFECTIVE DATE: specified in paragraph (h)(2) HCFA may during normal business hours in the January 5, 1998. A filing adjust the assessment time period and FCC Reference Center (Room 239), 1919 window for Channel 258A at Chugwater, Wyoming, will not be fee percentage amount. M Street, NW., Washington, DC. opened at this time. Instead, the issue of (Catalog of Federal Domestic Assistance The complete text of this decision opening a filing window for this Program No. 93.773, Medicare—Hospital may also be purchased from the Insurance; and Program No. 93.774, channel will be addressed by the Medicare—Supplementary Medical Commission’s copy contractors, Commission in a subsequent order. Insurance Program) International Transcription Service, FOR FURTHER INFORMATION CONTACT: Dated: November 26, 1997. Inc., (202) 857–3800, 1231 20th Street, NW., Washington, DC 20036. Sharon P. McDonald, Mass Media Nancy-Ann Min DeParle, Bureau, (202) 418–2180. Administrator, Health Care Financing List of Subjects in 47 CFR Part 73 Administration. SUPPLEMENTARY INFORMATION: This is a Radio broadcasting. synopsis of the Commission’s Report Approved: November 26, 1997. and Order, MM Docket No. 96–243, Donna E. Shalala, Part 73 of Title 47 of the Code of adopted November 5, 1997, and released Secretary. Federal Regulations is amended as November 21, 1997. The full text of this [FR Doc. 97–31710 Filed 12–1–97; 8:45 am] follows: Commission decision is available for BILLING CODE 4120±01±P inspection and copying during normal PART 73Ð[AMENDED] business hours in the FCC Reference Center (Room 239), 1919 M Street, NW., FEDERAL COMMUNICATIONS 1. The authority citation for Part 73 Washington, DC. The complete text of COMMISSION continues to read as follows: this decision may also be purchased Authority: 47 U.S.C. 154, 303, 334, 336. from the Commission’s copy 47 CFR Part 73 contractors, International Transcription § 73.202 [Amended] [MM Docket No. 96±195; RM±8867] Service, Inc., (202) 857–3800, 1231 20th 2. Section 73.202(b), the Table of FM Street, NW., Washington, DC 20036. Radio Broadcasting Services; Allotments under Illinois, is amended List of Subjects in 47 CFR Part 73 Geneseo, IL and DeWitt, IA by removing Channel 285A at Geneseo. Radio broadcasting. AGENCY: Federal Communications 3. Section 73.202(b), the Table of FM Commission. Allotments under Iowa, is amended by Part 73 of Title 47 of the Code of ACTION: Final rule. adding DeWitt, Channel 285C3. Federal Regulations is amended as Federal Communications Commission. follows: SUMMARY: The Commission, at the request of Connoisseur Communications John A. Karousos, PART 73Ð[AMENDED] of Quad Cities, L.P., substitutes Channel Chief, Allocations Branch, Policy and Rules 285C3 for Channel 285A at Geneseo, Division, Mass Media Bureau. 1. The authority citation for Part 73 Illinois, reallots Channel 285C3 from [FR Doc. 97–31512 Filed 12–1–97; 8:45 am] continues to read as follows: Geneseo to DeWitt, Iowa, and modifies BILLING CODE 6712±01±P Authority: 47 U.S.C. 154, 303, 334, 336. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63675

§ 73.202 [Amended] reporting threshold to railroad on-track interest. As a consequence, FRA is 2. Section 73.202(b), the Table of FM equipment, signals, track, track proceeding directly to this final rule. structures, or roadbed, including labor Allotments under Wyoming, is amended Regulatory Impact by adding Chugwater, Channel 258A. costs and the costs for acquiring new Federal Communications Commission. equipment and material. 49 CFR 225.19 Executive Order 12866 and DOT (b), (c). Each rail equipment accident/ Regulatory Policies and Procedures John A. Karousos, incident must be reported to FRA using Chief, Allocations Branch, Policy and Rules the Rail Equipment Accident/Incident This final rule has been evaluated in Division, Mass Media Bureau. Report (Form FRA F 6180.54). Id. accordance with existing regulatory [FR Doc. 97–31511 Filed 12–1–97; 8:45 am] As revised in 1996, paragraphs (c) and policies and procedures and is BILLING CODE 6712±01±P (e) of § 225.19 of title 49, Code of considered to be a nonsignificant Federal Regulations, provide that the regulatory action under DOT policies dollar figure that constitutes the and procedures (44 FR 11034; February DEPARTMENT OF TRANSPORTATION reporting threshold for rail equipment 26, 1979). This final rule also has been accidents/incidents will be adjusted reviewed under Executive Order 12866 Federal Railroad Administration every year in accordance with the and is also considered ‘‘nonsignificant’’ procedures outlined in appendix B to under that Order. 49 CFR Parts 219 and 225 part 225, to reflect cost increases or Regulatory Flexibility Act [FRA Docket No. RAR±5, Notice No. 1] decreases. 61 FR 30942, 30969 (June 18, 1996); 61 FR 60632, 60634 (Nov. 29, The Regulatory Flexibility Act of 1980 RIN 2130-AB21 1996); 61 FR 67477, 67490 (Dec. 23, (5 U.S.C. 601 et seq.) requires a review of rules to assess their impact on small Annual Adjustment of Monetary 1996). entities, unless the Secretary certifies Threshold for Reporting Rail New Reporting Threshold that the rule will not have a significant Equipment Accidents/Incidents One year has passed since the economic impact on a substantial AGENCY: Federal Railroad accident/incident reporting threshold number of small entities. This final rule Administration (FRA), Department of was last revised. 61 FR 60632 (Nov. 29, will have no new significant direct or Transportation (DOT). 1996). Consequently, FRA has indirect economic impact on small units ACTION: Final rule. recalculated the threshold, as required of government, business, or other by § 225.19(c), based on increased costs organizations. To the extent that this SUMMARY: This final rule increases from for labor and decreased costs for rule has any impact on small units, the $6,500 to $6,600 the monetary threshold material. FRA has determined that the impact will be positive because the rule for reporting railroad accidents/ current reporting threshold of $6,500, is decreasing, rather increasing, their incidents involving railroad property which applies to rail equipment reporting burden. damage that occur on or after January 1, accidents/incidents that occur during Paperwork Reduction Act 1998. This action is needed to ensure calendar year 1997, should be increased and maintain comparability between to $6,600, effective January 1, 1998, and There are no new information different years of data by having the §§ 225.5 and 225.19 are being amended collection requirements associated with threshold keep pace with increases or accordingly. Appendix B has also been this final rule. Therefore, no estimate of decreases in equipment and labor costs amended to reflect the most recent cost a public reporting burden is required. so that each year accidents involving the figures and the calculations made to Environmental Impact same minimum amount of railroad determine the new threshold for property damage are included in the calendar year 1998. Finally, the alcohol This final rule will not have any reportable accident counts. The and drug regulations (49 CFR part 219) identifiable environmental impact. reporting threshold was last changed in are amended throughout to reflect that Federalism Implications 1996. the reporting threshold for calendar year EFFECTIVE DATE: January 1, 1998. 1998 is $6,600. This final rule will not have a FOR FURTHER INFORMATION CONTACT: Notice and Comment Procedures substantial effect on the States, on the Robert L. Finkelstein, Staff Director, relationship between the national In this rule, FRA merely adjusts the government and the States, or on the Office of Safety Analysis, RRS–22, Mail reporting threshold based on the Stop 25, Office of Safety, FRA, 400 distribution of power and formula adopted, after notice and responsibilities among the various Seventh Street, S.W., Washington, D.C. comment, in the final rule published 20590 (telephone 202–632–3386); or levels of government. Thus, in June 18, 1996, 61 FR 30959, 30969, and accordance with Executive Order 12612, Nancy L. Goldman, Trial Attorney, discussed in detail in the final rule Office of Chief Counsel, RCC–12, Mail preparation of a Federalism Assessment published November 29, 1996, 61 FR is not warranted. Stop 10, FRA, 400 Seventh Street, S.W., 30632. FRA further finds that both the Washington, D.C. 20590 (telephone current cost data inserted into this pre- The Final Rule 202–632–3167). existing formula and the original cost In consideration of the foregoing, FRA SUPPLEMENTARY INFORMATION: data that they replace were obtained amends parts 219 and 225, Title 49, from reliable Federal government Code of Federal Regulations as follows: Background sources. FRA further finds that this rule Rail equipment accidents/incidents imposes no additional burden on any PART 219Ð[AMENDED] are collisions, derailments, explosions, person, but rather provides a benefit by fires, acts of God, and other events permitting the valid comparison of 1. The authority citation for part 219 (including grade crossing accidents) accident data over time. Accordingly, continues to read as follows: involving the operation of standing or FRA concludes that notice and Authority: 49 U.S.C. 20103, 20107, 20111, moving on-track equipment that results comment procedures are impracticable, 20112, 20113, 20140, 21301, 21304; and 49 in damages higher than the current unnecessary, and contrary to the public CFR 1.49(m). 63676 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

2. By amending § 219.5 by revising (1) Major train accident. Any train calendar year 1997; this threshold dollar the first sentence in the definition of accident (i.e., a rail equipment accident amount will remain in effect until Impact accident and by revising the involving damage in excess of the December 31, 1997. For calendar year definitions of Reporting Threshold and current reporting threshold, $6,300 for 1998 the reporting threshold is $6,600. Train accident to read as follows: calendar years 1991 through 1996, The procedure for determining the $6,500 for calendar year 1997, and reporting threshold for calendar year § 219.5 Definitions. $6,600 for calendar year 1998) that 1998 appears as appendix B to part 225. * * * * * involves one or more of the following: 4. Part 225 is amended by revising Impact accident means a train * * * * * appendix B to read as follows: accident (i.e., a rail equipment accident (2) Impact accident. An impact involving damage in excess of the accident (i.e., a rail equipment accident Appendix—B to Part 225—Procedure for Determining Reporting Threshold current reporting threshold, $6,300 for defined as an ‘‘impact accident’’ in calendar years 1991 through 1996, § 219.5 of this part that involves damage 1. Data from the U.S. Department of Labor, $6,500 for calendar year 1997, and in excess of the current reporting Bureau of Labor Statistics (BLS), LABSTAT $6,600 for calendar year 1998) threshold, $6,300 for calendar years Series Reports are used in the calculation. The equation used to adjust the reporting consisting of a head-on collision, a rear- 1991 through 1996, $6,500 for calendar end collision, a side collision (including threshold uses the average hourly earnings year 1997, and $6,600 for calendar year reported for Class I railroads and Amtrak and a collision at a railroad crossing at 1998) resulting in— grade), a switching collision, or impact an overall railroad equipment cost index determined by the BLS. The two factors are with a deliberately-placed obstruction * * * * * weighted equally. such as a bumping post. * ** (4) Passenger train accident. Reportable injury to any person in a 2. For the wage component, LABSTAT * * * * * train accident (i.e., a rail equipment Series Report, Standard Industrial Reporting threshold means the accident involving damage in excess of Classification (SIC) code 4011 for Class I Railroad Average Hourly Earnings is used. amount specified in § 225.19(e) of this the current reporting threshold, $6,300 3. For the equipment component, chapter, as adjusted from time to time for calendar years 1991 through 1996, in accordance with appendix B to part LABSTAT Series Report, Producer Price $6,500 for calendar year 1997, and Index (PPI) Series WPU 144 for Railroad 225 of this chapter. The reporting $6,600 for calendar year 1998) involving threshold for calendar years 1991 Equipment is used. a passenger train. 4. In the month of October, final data through 1996 is $6,300. The reporting * * * * * covering the 12-month period ending with threshold for calendar year 1997 is the month of June are obtained from BLS. $6,500. The reporting threshold for PART 225Ð[AMENDED] The 12 monthly figures are totaled and calendar year 1998 is $6,600. divided by 12 to produce monthly averages * * * * * 1. The authority citation for part 225 to be used in computing the projected annual Train accident means a passenger, continues to read as follows: (12-month) average for the next calendar freight, or work train accident described Authority: 49 U.S.C. 20103, 20107, 20901, year. in § 225.19(c) of this chapter (a ‘‘rail 20902, 21302, 21311; 49 U.S.C. 103; 49 CFR 5. The wage data are reported in terms of 1.49(c), (g), and (m). dollars earned per hour, while the equipment equipment accident’’ involving damage cost data are indexed to a base year of 1982. in excess of the current reporting 2. By amending § 225.19(c) by 6. The procedure for adjusting the threshold, $6,300 for calendar years removing the phrase ‘‘and $6,500 for reporting threshold is shown in the formula 1991 through 1996, $6,500 for calendar calendar year 1997)’’ and by adding in below. The wage component appears as a year 1997, and $6,600 for calendar year its place ‘‘, $6,500 for calendar year fractional change relative to the prior year, 1998), including an accident involving a 1997, and $6,600 for calendar year while the equipment component is a switching movement. 1998)’’. difference of two percentages which must be divided by 100 to present it in a consistent * * * * * 3. By revising § 225.19(e) to read as fractional form. After performing the 3. By amending § 219.201 by revising follows: calculation, the result is rounded to the the introductory text of paragraphs (a)(1) nearest $100. and (a)(2), and by revising paragraph § 225.19 Primary groups of accidents/ incidents. 7. The current weightings represent the (a)(4) to read as follows: general assumption that damage repair costs, * * * * * at levels at or near the threshold, are split § 219.201 Events for which testing is (e) The reporting threshold is $6,300 approximately evenly between labor and required. for calendar years 1991 through 1996. materials. (a) * * * The reporting threshold is $6,500 for 8. Formula:

 ()Wn− Wp ()En− Ep  New Threshold = Prior Threshold ×1 + 0. 5+ 0. 5   Wp 100 

Where: En = New equipment average PPI value = Jolene M. Molitoris, Prior Threshold = $6,500 (for rail equipment 135.91666 accidents/incidents that occur during Ep = Prior equipment average PPI value = Federal Railroad Administrator. calendar year 1997) 136.76667 [FR Doc. 97–31455 Filed 12–1–97; 8:45 am] Wn = New average hourly wage rate ($) = 9. The result of these calculations is BILLING CODE 4910±06±P 17.990833 $6,553. Since the result is rounded to the Wp = Prior average hourly wage rate ($) = nearest $100, the new reporting threshold for 17.55500 rail equipment accidents/incidents that occur during calendar year 1998 is $6,600. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63677

DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The board or landed from a permitted vessel fishery for coastal migratory pelagic fish in amounts not exceeding 500 lb (227 National Oceanic and Atmospheric (king mackerel, Spanish mackerel, cero, kg) per day. Administration cobia, little tunny, dolphin, and, in the NMFS has determined that 75 percent Gulf of Mexico only, bluefish) is of the hook-and-line quota for Gulf 50 CFR Part 622 managed under the Fishery group king mackerel from the Florida [Docket No. 961204340±7087±02; I.D. Management Plan for the Coastal west coast subzone has been reached. 112597A] Migratory Pelagic Resources of the Gulf Accordingly, a 500–lb (227–kg) trip of Mexico and South Atlantic (FMP). limit applies to vessels in the Fisheries of the Caribbean, Gulf of The FMP was prepared by the Gulf of commercial hook-and-line fishery for Mexico, and South Atlantic; Coastal Mexico and South Atlantic Fishery king mackerel in or from the EEZ in the Migratory Pelagic Resources of the Management Councils (Councils) and is Florida west coast subzone effective Gulf of Mexico and South Atlantic; Trip implemented under the authority of the 12:01 a.m., local time, November 28, Limit Reduction Magnuson-Stevens Fishery 1997. Conservation and Management Act by The Florida west coast subzone AGENCY: National Marine Fisheries regulations at 50 CFR part 622. extends from 87°31’06’’ W. long. (due Service (NMFS), National Oceanic and Based on the Councils’ recommended south of the Alabama/Florida boundary) Atmospheric Administration (NOAA), total allowable catch and the allocation to: (1) 25°20.4’ N. lat. (due east of the Commerce. ratios in the FMP, NMFS implemented Dade/Monroe County, FL, boundary) ACTION: Trip limit reduction. a commercial quota for the Gulf through March 31, 1998; and (2) 25°48’ migratory group of king mackerel in the N. lat. (due west of the Monroe/Collier SUMMARY: NMFS reduces the Florida west coast sub-zone of 865,000 County, FL, boundary) from April 1, commercial trip limit in the hook-and- pounds (392,357 kg). That quota was 1998, through October 31, 1998. line fishery for king mackerel in the further divided into two equal quotas of Florida west coast sub-zone to 500 lb 432,500 lb (196,179 kg) for vessels in Classification (227 kg) of king mackerel per day in or each of two groups by gear types— This action is taken under 50 CFR from the exclusive economic zone vessels using run-around gillnets and 622.44(a)(2)(iii) and is exempt from (EEZ). This trip limit reduction is vessels using hook-and-line gear. review under E.O. 12866. necessary to protect the overfished Gulf In accordance with 50 CFR Authority: 16 U.S.C. 1801 et seq. king mackerel resource. 622.44(a)(2)(ii)(B), from the date that 75 DATES: Effective 12:01 a.m., local time, percent of the subzone’s hook-and-line Dated: November 26, 1997. November 28, 1997, through June 30, gear quota has been harvested until a Bruce C. Morehead, 1998, unless changed by further closure of the west coast subzone’s Acting Director, Office of Sustainable notification in the Federal Register. hook-and-line fishery has been effected Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: or the fishing year ends, king mackerel [FR Doc. 97–31582 Filed 11–26–97; 3:13 pm] Mark F. Godcharles, 813–570–5305. in or from the EEZ may be possessed on BILLING CODE 3510±22±F 63678

Proposed Rules Federal Register Vol. 62, No. 231

Tuesday, December 2, 1997

This section of the FEDERAL REGISTER Independence Avenue, S.W., CFR part 1446 to set forth the 1998-crop contains notices to the public of the proposed Washington, DC 20250–0514. All national average support level for issuance of rules and regulations. The written submissions will be made additional peanuts and the minimum purpose of these notices is to give interested available for public inspection from 8:15 CCC sales price for 1998 crop additional persons an opportunity to participate in the a.m. to 4:45 p.m., Monday through peanuts sold for export edible use. rule making prior to the adoption of the final Friday, except holidays, in Room 5750- rules. A. National Poundage Quota South Building, 1400 Independence Avenue, S.W., Washington, DC 20250– Section 358–1(a)(1) of the 1938 Act, as DEPARTMENT OF AGRICULTURE 0514. amended by the Federal Agricultural FOR FURTHER INFORMATION CONTACT: Improvement and Reform Act of 1996 Farm Service Agency Kenneth M. Robison, Tobacco and (1996 Act), requires that the Secretary Peanuts Division, FSA, USDA, STOP set a basic national quota for peanuts for 7 CFR Part 729 0514, 1400 Independence Avenue, S.W., each of the 1996 through 2002 Commodity Credit Corporation Washington, DC 20250–0514, telephone marketing years (MY) at a level that is 202–720–9255. Copies of the cost- equal to the quantity of peanuts (in tons) 7 CFR Part 1446 benefit assessment prepared for the rule that the Secretary estimates will be can be obtained from Mr. Robison. devoted in each MY to domestic edible RIN 0560±AF16 use (excluding seed) and related uses. SUPPLEMENTARY INFORMATION: 1998-Crop Peanut National Poundage As to seed, section 358–1(b)(2)(B) of the Quota, 1998-Crop Additional Peanuts Executive Order 12866 1938 Act provides that a temporary National Average Support Level and This proposed rule has been allocation of quota pounds for the MY Minimum Commodity Credit determined to be significant and was only in which the crop is planted shall Corporation (CCC) Export Edible Sales reviewed by OMB under Executive be made to producers for each of the Price for the 1998 and Subsequent Order 12866. 1996 through 2002 MYs and that the Crops of Additional Peanuts temporary seed quota allocation shall be Federal Assistance Program equal to the pounds of seed peanuts AGENCY: Farm Service Agency and The title and number of the Federal planted on the farm as may be adjusted Commodity Credit Corporation, USDA. Assistance Program, as found in the and determined under regulations ACTION: Proposed rule. Catalog of Federal Domestic Assistance, prescribed by the Secretary. The MY for 1998-crop peanuts will be from August SUMMARY: The Agricultural Adjustment to which this rule applies are: 1, 1998 through July 31, 1999. Producers Act of 1938, (the 1938 Act) as amended, Commodity Loans and Purchases will vote in a referendum on December requires that the national peanut —10.051. 1-4, 1997 to determine whether they poundage quota for the 1998 crop be Executive Order 12998 approve marketing quotas for MY 1998 announced by December 15, 1997. The This rule has been reviewed in to MY 2002. Agricultural Act of 1949, (the 1949 Act), accordance with Executive Order 12998. as amended, requires that the additional The national poundage quota for MY The provisions of this proposed rule do support level be announced not later 1997 was set at 1,133,000 st. This rule not preempt State laws, are not than February 15, 1998. The minimum proposes that the national poundage retroactive, and do not involve CCC export edible sales price for quota for MY 1998 be set between administrative appeals. additional peanuts is usually 1,133,000 st and 1,175,000 st based on announced at the same time as the price Regulatory Flexibility Act the following data: support level. This proposed rule It has been determined that the Short tons suggests a national poundage quota Regulatory Flexibility Act is not figure in the range between 1,133,000 applicable to this proposed rule since 97.8% 94.3% short tons (st) and 1,175,000 st, neither FSA nor CCC is required by 5 production production proposes that the national average U.S.C. 553 or any other provision of law Domestic Edible additional price support level for the to publish a notice of proposed 1998 crop peanuts be set between $132 Use: rulemaking with respect to the subject Domestic food ... 933,000 933,000 per st and $175 per st, and that the of these determinations. minimum CCC sales price for 1998 and On farm and local subsequent crops of additional peanuts Paperwork Reduction Act sales 9,000 9,000 Related Uses: for export edible use be set between These proposed amendments do not Crushing residual 123,000 123,000 $350 to $400 per st or by formula. contain information collections that Shrinkage and DATES: Comments must be received by require clearance by the Office of other losses ... 37,500 37,500 December 9, 1997, in order to be assured Management and Budget under the Transfer to quota 5,000 5,000 of consideration. provisions of 44 U.S.C. chapter 35. ADDRESSES: Comments must be Subtotal ...... 1,107,500 1,107,500 submitted to the Director, Tobacco and Discussion Allowance for un- Peanuts Division, Farm Service Agency This proposed rule would amend 7 derproduction 25,500 67,500 (FSA), United States Department of CFR part 729 to set forth the 1998-crop Totals ...... 1,133,000 1,175,000 Agriculture, STOP 0514, 1400 peanut national poundage quota, and 7 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63679

The estimate of 1998 domestic food legislation, only 92 percent of the quota this level of quota could result in a use was developed in two steps. First, had been marketed. Prior to the 1996 surplus and a loss on loan placements total domestic edible utilization of crop, at the national level, any for more than 300,000 tons of peanuts. 1,088,000 st was estimated by the USDA unmarketed pounds up to 10 percent of These peanut losses would be around Interagency Commodity Estimates the national marketing quota could be $400 a ton. Losses of up to $120 million Committee (ICEC). Second, this estimate added to the farms basic quota for that would occur and result in producer was reduced by 155,000 st to exclude crop year. Under the 1996 Act any quota assessments of over $100 per ton the peanut imports, peanut butter imports, pounds not marketed cannot be carried following year. This level of assessment and peanut butter exports. Although forward and would be a loss of potential would lower the effective price received estimates of domestic edible utilization income for producers, therefore, it is by producers for quota peanuts in MY typically include product exports, expected that somewhat more than 92 1999 to $500 per ton or less. peanut butter exports are generally percent of the quota will be marketed in Buybacks worked well in MY 1996. either made from, or may otherwise be MY 1998. In MY 1996 about 97.3 Buyback is a term used to describe a credited under section 358(e)(1) of the percent was marketed and in MY 1997 marketing transaction in which a 1938 Act as being made from additional about 97.5 percent of quota is expected producer places additional peanuts peanuts. MY 1997 farm use and local to be marketed. It is anticipated that under price support loan at the sales were estimated at 1 percent of about 94 to 98 percent of the MY 1998 additional loan rate and a handler ICEC’s MY 1998 production estimate. quota will be marketed. simultaneously purchases the same This percentage reflects the average The lowest proposed 1998 quota peanuts at the quota support level from difference between USDA production level, as set forth above, reflects the marketing associations for domestic data and Federal-State Inspection expected growth in domestic edible use. To bolster stocks in MY Service inspections data. About one-half consumption of peanut products 1996, the peanut industry bought back of farm use and local sales is allocated through government purchases, new over 100,000 tons of additional peanuts. to food use and the remainder to seed, uses and a small increase in demand In MY 1997, it is anticipated that the which is excluded from quota resulting from lower peanut support peanut industry will again use the determinations under amendments to prices in recent years. This level buyback provisions to purchase about the 1938 Act made by the 1996 Act. essentially reflects the assumption that 100,000 tons in order to continue The crushing residual represents the about 97.8 percent of the quota will be building stocks. Depending on stock farmer stock equivalent weight of marketed and adds increased demand levels at the beginning of MY 1998, the crushing grade kernels shelled from for edible peanuts. The higher range peanut industry may again use buybacks quota peanuts. In any given lot of farmer proposal takes into account the to build stocks. stock peanuts, a portion of such peanuts possibility that marketings of quota is only suitable for the crushing market. could fall as low as the 94.3 percent B. Additional Peanut Support Level The quota must be sufficient to provide level. This range appears to be a fair Section 155(b)(2) of the 1996 Act for the shelling of both edible and estimate of possible market conditions. provides that price support shall be crushing grades. The crushing residual Disappearance of peanuts into made available for additional peanuts at identified above reflects the assumption primary products has been relatively flat such level as the Secretary determines that crushing grade peanuts will be over the last year. Overall demand, will ensure no losses to CCC from the about 12 percent, on a farmer stock including imports, is projected to sale or disposal of such peanuts, taking basis, of the total of MY 1998 domestic increase about 1.5 percent. However, into consideration the demand for edible use production. government support purchases in MY The allowance for shrinkage and other 1996 have increased about 45 percent peanut oil and peanut meal, expected losses is an estimate of reduced kernel from 22,750 st farmer stock (fs) in MY prices of other vegetable oils and weight available for milling as well as 1995 to 32,200 st (fs) in MY 1996. protein meals, and the demand for for kernel losses due to damage, fire, A significantly larger quota option peanuts in foreign markets. and spillage. These losses were than those presented would lower the The MY 1997 price support level for estimated by multiplying a factor of 0.04 price received by growers from first additional peanuts was announced at times domestic edible use. This factor is buyers and could reduce costs to $132 per st on February 14, 1997. The the minimum shrinkage generally consumers for peanut products slightly. national average price support rate for allowed for calculating obligations of However, it is assumed that a quota peanuts, for each of the 1996 handlers under section 359a(d)(2)(B)(iv) substantial increase in quota would be through 2002 crops, was set at $610 per of the 1938 Act and is believed to be a needed to lower the average grower st by the 1996 Act and is codified at 7 fair estimate of such shrinkage for price to a level near the average national CFR section 1446.103. Regulations purposes of this determination, taking support price. A quota in the pertaining to price support loan levels into account all factors. neighborhood of 1,500,000 tons would for additional peanuts are found in 7 Segregation 2 and 3 loan transfers to likely result in sufficient quantities of CFR section 1446.310. quota loan represent transfers of peanuts delivered at the right time and The range for the MY 1998 price Segregation 2 and 3 peanuts from place such that the average price would support level for additional peanuts is additional price support loan pools to be only slightly higher than $610 per recommended to be within the range of quota loan pools. Such transfers occur ton. $132 per st and $175 per st. Additional when quota peanut producers have This option only becomes viable if loan peanuts are sold out of inventory insufficient Segregation 1 peanuts to fill one assumes greater responsiveness in in order to recoup the price support their quotas, yet have Segregation 2 and demand to additional supplies. One loan principal, interest and related 3 peanuts in additional loan pools must assume a significant growth in costs. In the proposed price range, if the which would have been eligible to be demand because of a lower price to edible peanut market deteriorated to a pledged as collateral for price support justify this option. point that the entire loan inventory was loans at a discounted quota loan rate. The cost of overestimating demand sold as oil stock, anticipated revenues In addition, an allowance has been would be high. Assuming the demand should be adequate to ensure no losses made for underproduction. Under past for greater supplies of peanuts is slight, to CCC from the sale or disposal of 63680 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules additional peanuts. The statutory factors 1997 is forecast to be 24.58 million edible sales price or establishing it by have been analyzed as set out below: metric tons, down 7.8 percent from MY formula. 1. The domestic use of peanut oil 1996. Ending stocks for MY 1997 are Grower groups which favored setting during MY 1998 is forecast to be forecast at 0.51 million metric tons, up the minimum export edible sales price 105,000 st, up 2,500 st from MY 1997 4.5 percent from 1996. at $400 per st in 1998, argued (1) a fixed projected domestic use. MY 1998 MY 1997 begins with record oil stocks price for the CCC export edible sales peanut oil beginning stocks are expected and large imports of oil during MY price has worked well for 12 to be 35,000 st, down about 19 percent 1996. Yet, peanut oil prices are consecutive years, (2) a lower CCC from MY 1997. The MY 1998 average projected to be 41.3 cents per pound. export edible sales price would result in peanut oil price is expected to be $0.395 Based on the supply use situation at the lower grower revenues, (3) the decision per pound, down $0.018 per pound beginning of MY 1997 and projections of when and at what price to contract is from MY 1997. for MY 1998, there are conflicting complex and a formula could create 2. The domestic use of peanut meal signals in the supply price relationship even more uncertainty and (4) a lack of during MY 1998 is forecast to be in the peanut oil market that suggest a publicly available data series creates 150,000 st, unchanged from MY 1997 caution in setting the additional peanut problems and concerns for using a projected domestic use. MY 1998 support level. Also, based on the 1996/ formula. peanut meal beginning stocks are 97 and 1997/98 marketing seasons, Sheller groups, which favored either a expected to be 4,000 st, unchanged from producers are expected to place about formula or a reduced minimum sales MY 1997. The MY 1998 average peanut 10,000 st of quota peanuts and 140,000 price argued that new pricing would: (1) meal price is expected to be $152.50 per st of additional peanuts under price Increase U.S. competitiveness in world st, down $12.50 per st from MY 1997. support loan. edible peanut markets and (2) increase 3. The domestic disappearance of U.S. flexibility in marketing peanuts. soybean oil during MY 1998 is forecast C. Minimum CCC Sales Price for One such proposal would base the to be 7,262,500 st, up 1.6 percent from Additional Peanuts Sold for Export minimum export sales price at 10 projected MY 1997 domestic Edible Use disappearance. MY 1998 soybean oil percent above the current oil value of A minimum price at which 1998 crop beginning stocks are expected to be peanuts and adjust the price monthly. additional peanuts owned or controlled 890,000 st, up 11.3 percent from MY Another sheller group recommended by CCC may be sold for use as edible 1997. The MY 1998 average soybean oil setting the minimum export edible sales peanuts in export markets is a price is expected to be $0.230 per price at between $350 and $375 per st discretionary action that, by practice, is pound, down $0.003 per pound from in 1998 and that the price be reset expected to be announced on or before MY 1997. annually to account for volatility in 4. The domestic disappearance of February 15, 1998, the same time that export edible peanut markets. cottonseed oil during MY 1998 is the additional peanut support level for It is proposed that the minimum price forecast to be 515,000 st, unchanged the 1998 crop is announced. The at which 1998 crop additional peanuts from projected MY 1997 domestic announcement of that price provides owned or controlled by CCC may be disappearance. MY 1998 cottonseed oil producers and handlers with sold for use as edible peanuts in export beginning stocks are expected to be information to facilitate the negotiation markets be established within the range 42,500 st, up 1.2 percent from MY 1997. of private contracts for the sale of of $350 to $400 per st or be set by The MY 1998 average cottonseed oil additional peanuts for export. formula. The objective of the level set or price is expected to be $0.250 per An overly high price may create an method used is to encourage exports pound, down $0.01 per pound from MY unrealistic expectation of high pool while providing price stability for 1997. dividends and discourage private sales. additional peanuts sold under contract. 5. The domestic disappearance of If too low, the minimum price could It should assure handlers that CCC will soybean meal during MY 1998 is have an unnecessary, adverse effect on not undercut their export-contracting forecast to be 29,000,000 st, up 3.6 prices paid to producers for additional efforts with offerings of additional percent from projected MY 1997 peanuts. peanuts for export edible sale below the domestic disappearance. MY 1998 This proposed rule follows the contract price of the contract additional soybean meal beginning stocks are publication of an advance notice of peanuts. expected to be 250,000 st, up 25 percent proposed rule making of August 18, List of Subjects from MY 1997. The MY 1998 average 1997 published in the Federal Register soybean meal price is expected to be (62 FR 43955) soliciting comments 7 CFR Part 729 $187.50 per st, down $20.00 per st from relative to the method for determining Peanuts, Penalties, Poundage quotas, MY 1997. the minimum export edible sales price Reporting and recordkeeping 6. The domestic disappearance of for additional peanuts and relative to requirements. cottonseed meal during MY 1998 is what that price should be. Ten forecast to be 1,635,000 st, down 0.3 comments were received relative to the 7 CFR Part 1446 percent from projected MY 1997 method for determining the minimum Loan programs—Agriculture, Peanuts, domestic disappearance. MY 1998 export edible sales price for additional Price support programs, Reporting and cottonseed meal beginning stocks are peanuts and relative to what the price recordkeeping requirements, expected to be 52,000 st, down 16.1 should be. Seven of the comments were Warehouses. percent from MY 1997. The MY 1998 from organizations representing Accordingly, it is proposed that 7 CFR average cottonseed meal price is producers. The seven producer parts 729 and 1446 be amended as expected to be $140.00 per st, down organizations commenting favored follows: $15.00 per st from MY 1997. maintaining the $400 per st minimum 7. The world use of peanuts for MY price. Three comments were from PART 729ÐPEANUTS 1997 is expected to be 13.05 million organizations representing shellers. The metric tons, down 10.4 percent from MY three sheller organizations commenting 1. The authority citation for 7 CFR 1996. World peanut production for MY favored reducing the minimum export part 729 continues to read as follows: Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63681

Authority: 7 U.S.C. 1301, 1357 et seq., SOCIAL SECURITY ADMINISTRATION SSA field office a completed Form SS– 1372, 1373, 1375, and 7271. 5 and documentary evidence of age, 20 CFR Part 422 identity, and lawful admission for 2. Section 729.216 is amended by [Regulations No. 22] permanent residence or other authority revising paragraph (c) to read as follows: of law permitting work in the United RIN 0960±AE36 § 729.216 National poundage quota. States (U.S.). Any applicant age 18 and older applying for an original SSN must * * * * * Permit the Department of State (DOS) appear for an in-person interview at any (c) Quota determination for individual and the Immigration and Naturalization SSA field office. Service (INS) to Collect Information marketing years (excluding seed): The second phase of the National Needed to Assign Social Security Performance Review (NPR), the Federal (1) The national poundage quota Numbers (SSNs) to Aliens Reinventing Government effort, was (excluding seed) for quota peanuts for AGENCY: Social Security Administration announced by the President and Vice marketing year 1996 is 1,100,000 short President on December 19, 1994. It was tons. (SSA). ACTION: Proposed rule. designed to focus attention on what (2) The national poundage quota each agency does, examining its mission (excluding seed) for quota peanuts for SUMMARY: We are proposing to provide and looking at its programs and marketing year 1997 is 1,133,000 short a description of how DOS and INS will functions to see if there are ways to tons. provide the SSA with information, provide better service to the public and, (3) The national poundage quota collected as part of the immigration at the same time, do business in a more process, to enable SSA to assign SSNs cost-effective manner, i.e., ‘‘make (excluding seed) for quota peanuts for and issue SSN cards to lawfully government work better and cost less.’’ marketing year 1998 will be set between admitted aliens. We also propose: to Each agency was asked to assemble a 1,133,000 and 1,175,000 short tons. amend the rule on the presumption of team to review its own programs and PART 1446ÐPEANUTS authority of a nonimmigrant alien to functions. accept employment to include SSA’s team worked closely with a 3. The authority citation for 7 CFR circumstances where a Form I–94, team of representatives from the NPR and the Office of Management and part 1446 continues to read as follows: ‘‘Arrival-Departure Record,’’ has not been issued by INS; to remove outdated Budget (OMB) to develop proposals for Authority: 7 U.S.C. 7271, 15 U.S.C. 714b rules on school and alien legalization consideration. One of these proposals and 714c. enumeration; to remove outdated rules was for INS to assist SSA in on the application for a nonwork SSN; enumerating aliens. On April 11, 1995, 4. Section 1446.310 is amended by and to specifically acknowledge the the President formally approved SSA’s adding a new paragraph (c) to read as requirement to complete a Form SS–5, reinvention proposals and officially follows: ‘‘Application For A Social Security announced them the next day. When we § 1446.310 Additional peanut support Card,’’ to obtain a duplicate SSN card. began developing this proposal with levels. DATES: To be sure that your comments INS, we found that we needed to include DOS to take into consideration * * * * * are considered, we must receive them no later than February 2, 1998. those aliens who enter the U.S. via (c) The national support rate for foreign service posts. ADDRESSES: Comments should be additional peanuts for the 1998 crop submitted in writing to the Proposed Changes will be at a level which shall be between Commissioner of Social Security, P.O. These proposed rules describe the $132 per short ton and $175 per short Box 1585, Baltimore, MD 21235, sent by ton. process by which elements of DOS and telefax to (410) 966–2830, sent by E-mail INS would collect and then forward 5. Section 1446.311 is amended by to ‘‘[email protected]’’, or delivered enumeration information to SSA. Based adding new paragraph (c) to read as to the Office of Process and Innovation on agreements among the three agencies follows: Management, Social Security (SSA, DOS, and INS), DOS and INS will Administration, L2109 West Low Rise collect this information, and INS will § 1446.311 Minimum CCC sales price for Building, 6401 Security Boulevard, certain peanuts. electronically transmit the information Baltimore, MD 21235–0001, between to SSA. DOS and INS will modify their * * * * * 8:00 A.M. and 4:30 P.M. on regular forms to collect this information, and (c) The minimum CCC sales price for business days. Comments may be INS will retain the forms, which will be additional peanuts to be sold from the inspected during these same hours by made available to SSA when necessary. price support loan inventory for export making arrangements with the contact Assigning SSNs to aliens when they edible use from the 1998 and person shown below. enter the U.S., based on information subsequent crops will be between $350 FOR FURTHER INFORMATION CONTACT: collected by DOS and INS as part of the and $400 per short ton or set by formula Daniel T. Bridgewater, Legal Assistant, immigration process, would improve as announced by the Director of the Office of Process and Innovation the integrity of the SSN process. There Tobacco and Peanuts Division, FSA. Management, Social Security is widespread counterfeiting of INS Administration, L2109 West Low Rise documents, and SSA employees must be Signed at Washington, DC, on November Building, 6401 Security Boulevard, familiar with a variety of INS 26, 1997. Baltimore, MD 21235, (410) 965–3298 documents and determine if those Keith Kelly, for information about these rules. presented are valid. By having INS Administrator, Farm Service Agency and SUPPLEMENTARY INFORMATION: transmit enumeration information Executive Vice President, Commodity Credit directly to SSA, the potential for SSA Corporation. Background employees to inadvertently accept [FR Doc. 97–31573 Filed 11–26–97; 3:08 pm] Currently, SSA assigns an SSN to an inappropriate and/or counterfeit BILLING CODE 3410±05±P alien when the individual submits to an documents will be reduced. 63682 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

This initiative also supports SSA’s SSN, must provide evidence We propose changes to §§ 422.104(b) goal of providing world class service to documenting a valid nonwork reason for and 422.107(a) to eliminate the customers by making the means of needing an SSN, e.g., to receive a references to IRS tax purposes as a valid dealing with SSA as easy and Federally-funded benefit or enlist in the nonwork reason for SSA to assign an convenient as possible by providing uniformed services. Another reason, SSN and to § 422.105 to address the options for service delivery. Aliens who currently shown in our rules, is the authority of a nonimmigrant alien to currently must first contact INS and Internal Revenue Service (IRS) accept employment if INS has not subsequently contact SSA would be able requirement relating to the use of SSNs issued the alien a Form I–94. to accomplish both transactions in a for tax purposes. Additionally, we propose to eliminate single contact. However, on July 1, 1996, IRS began references in § 422.106 to procedures Further, the proposed changes would assigning Individual Taxpayer concerning legalization applicants and provide for increased overall Federal Identification Numbers (ITINS) to aliens SSA agreements with school authorities government efficiency. The new process who are otherwise not eligible for SSNs which are no longer in effect and to would reduce the overall cost to the but who need TINs for tax purposes. amend § 422.107 to eliminate the government of administering the Therefore, needing an SSN for IRS interview requirement for aliens for enumeration process for aliens because reporting tax purposes is no longer a whom INS forwards enumeration data it would eliminate duplicate work done valid nonwork reason for SSA to assign to SSA. by DOS, INS and SSA. an SSN, and we propose to eliminate Because the involvement of the DOS such references. Electronic Version and INS would improve the integrity of We also propose to amend our The electronic file of this document is the SSN process for aliens, SSA is regulations on presumption of authority available on the Federal Bulletin Board eliminating the mandatory in-person of a nonimmigrant alien to accept (FBB) at 9:00 A.M. on the date of interview for aliens age 18 and older for employment. As currently written, the publication in the Federal Register. To whom INS forwards enumeration regulations do not address the authority download the file, modem dial (202) information to SSA. SSA will continue of a nonimmigrant alien to accept 512–1387. The FBB instructions will to interview aliens who apply for SSNs employment if INS has not issued the explain how to download the file and at SSA offices. This supports a 1995 alien a Form I–94, which is generally the fee. This file is in WordPerfect and recommendation from the Office of the issued by INS to a nonimmigrant alien will remain on the FBB during the Inspector General concerning upon arrival in the United States. Under comment period. transferring to INS and DOS the FO certain circumstances, INS may grant interview workload for noncitizens employment authorization to an alien Regulatory Procedures applying for an original SSN. who has not been issued a Form I–94, Executive Order 12866 As part of the INS alien legalization e.g., an alien whose lawful alien status program required under the Immigration is pending, so that the individual may We have consulted with the OMB and Reform and Control Act of 1986, INS work during the period the application determined that these proposed rules accepted applications and evidence for for lawful alien status is pending. The meet the criteria for a significant SSNs from legalization applicants and proposed rules clarify that a regulatory action under Executive Order forwarded the applications to SSA for nonimmigrant alien who has not been 12866. Therefore, we have prepared an assignment of SSNs. Once the issued a Form I–94, which reflects a assessment of the potential costs and legalization program ended on classification permitting work, must benefits of this regulatory action. September 30, 1991, INS notified SSA present a current employment Currently, SSA employees review that it was discontinuing the agreement authorization document (EAD) or other evidence and process applications for and has since referred all aliens to SSA document authorized by INS which all aliens who are issued SSN cards. INS field offices to apply for SSN cards. permits the alien to work. Such estimates 1.8 million work-authorized These proposed rules eliminate authority must be established before an aliens enter the United States yearly. references in the regulations to SSN card which is valid for work SSA processes about 2 million procedures which are no longer in purposes can be issued. enumeration actions for aliens annually. effect. Additionally, we propose to In fiscal year 1996, SSA issued 1 million The Tax Reform Act of 1986 required specifically acknowledge the original SSN cards to work-authorized taxpayers to show the Taxpayer requirement to complete a Form SS–5 to aliens and 774,000 replacement cards to Identification Number (TIN) for any obtain a duplicate SSN card. Although work-authorized aliens. In addition, dependent age 5 and older listed on tax the completion of this form has been a SSA issued 325,000 original and 40,000 returns due on or after January 1, 1988. longstanding requirement, our current replacement SSN cards to aliens In general, SSNs serve as TINs. In an rules do not specifically refer to it, as without work authorization. We effort to lessen the burden on SSA field they do so in the sections in this subpart estimate that the current process costs offices, SSA offices initiated school relating to applying for an original SSN SSA about 385 workyears in the field for enumeration projects. Subsequent (see § 422.103) or a corrected SSN card this workload. legislation required TINs for all (see § 422.110). Having DOS and INS collect dependents claimed on tax returns, enumeration information for aliens and regardless of age, so that most children Explanation of Revisions having INS electronically transmit that have been assigned SSNs long before We propose changes to §§ 422.103, information to SSA will provide overall reaching school age and school 422.107 and 422.110 to implement the government savings. Aliens who enumeration projects are no longer initiative for DOS and INS to collect currently first contact DOS (at the practical. These proposed rules information to assign SSNs to aliens and foreign service post), INS (at the port-of- eliminate the reference to SSA entering a change to paragraph § 422.103(e) to entry), and subsequently contact SSA (at into agreements with school authorities. provide a specific rule on the an SSA field office) for an SSN card Currently, an alien lawfully in the requirement to complete a Form SS–5 in now will be able to apply for an SSN United States without employment the case of applying for a duplicate SSN card via their contacts with DOS and/or authorization, who wants to obtain an card. INS. This proposed process will also Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63683 improve the integrity of the Regulatory Flexibility Act (3) Request on immigration document. enumeration process and reduce the We certify that these proposed rules Where an alien has requested a social potential for assigning an SSN based on will not have a significant economic security number as part of the a fraudulent INS document. impact on a substantial number of small immigration process described in DOS and INS already collect, as part entities since these rules affect only paragraph (b)(3) of this section, INS will of the immigration process, some of the individuals and Federal agencies. electronically transmit to SSA’s central information that SSA needs to assign an Therefore, a regulatory flexibility office in Baltimore, MD, the data SSN. This proposed process will analysis as provided in the Regulatory elements collected for immigration eliminate duplicate collection of Flexibility Act, as amended, is not purposes, by both INS and DOS, that information by SSA of the data elements required. SSA needs to enumerate the alien along already collected by DOS and/or INS for with other data elements as agreed upon Paperwork Reduction Act immigration purposes and provide for by SSA and DOS or INS. The data better overall government efficiency. SSA is imposing no additional elements received by SSA will be used DOS and INS will collect the reporting or record keeping to establish the age, identity, and lawful alien status or authority to work of the information needed to assign an SSN on requirements subject to OMB clearance alien. Using this data, SSA will assign a immigration form, adding questions to in these proposed rules. a social security number to the alien and collect the information that SSA needs (Catalog of Federal Domestic Assistance send the social security number card to to assign an SSN, but which is not Program Nos. 96.001 Social Security— him/her at the address the alien collected for immigration purposes. Disability Insurance; 96.002 Social provides to DOS or INS. These agencies will archive the Security—Retirement Insurance; 96.003 immigration form which documents the Social Security—Special Benefits for Persons * * * * * alien’s request for an SSN and retrieve Aged 72 and Over; 96.006 Supplemental (e) Replacement of social security it upon SSA’s request. Security Income) number card. In the case of a lost or damaged social security number card, a List of Subjects in 20 CFR Part 422 INS will be reimbursed for the time duplicate card bearing the same name spent collecting data not needed for Administrative practice and and number may be issued. In the case immigration purposes. With the procedure, Organization and functions of a need to change the name on the proposed changes, INS has previously (Government agencies), Social security. card, a corrected card bearing the same estimated that its costs will be about $6 John J. Callahan, number and the new name may be million per year, and SSA would agree Acting Commissioner of Social Security. issued. In both cases, a Form SS–5 must to reimburse INS for its costs. DOS has For the reasons set out in the be completed. A Form SS–5 can be indicated that it will not ask for obtained from any Social Security office reimbursement. preamble, subpart B of 20 CFR 422 is proposed to be amended as follows: or from one of the sources noted in SSA’s annual cost for original and paragraph (b) of this section. For replacement SSN cards for those aliens PART 422ÐORGANIZATION AND evidence requirements, see § 422.107. for whom DOS and INS will collect SSN PROCEDURES 3. Section 422.104 is amended by information would be about $12 million revising paragraph (a)(3) and paragraph or 232 workyears. This leaves a net Subpart BÐ[Amended] (b) to read as follows: savings to SSA of about $6 million per § 422.104 To whom social security year if the INS estimate is accurate. The 1. The authority citation for subpart B of part 422 continues to read as follows: numbers are assigned. estimated savings are based on the (a) * * * difference between the current SSA Authority: Secs. 205, 232, 702(a)(5), 1131, (3) An alien who is legally in the interviewing and information collection and 1143 of the Social Security Act (42 United States but not under authority of costs and the expected INS costs for U.S.C. 405, 432, 902(a)(5), 1320b–1, and 1320b–13). law permitting him or her to engage in those aliens who would be subject to the employment, but only for a valid processes described by the agreements 2. Section 422.103 is amended by nonwork purpose. (See § 422.107.) among SSA, DOS, and INS. adding paragraphs (b)(3) and (c)(3) and (b) Persons without evidence of alien Initially, INS and DOS will be able to revising paragraph (e) to read as follows: status. A social security number may be collect information for SSA to § 422.103 Social security numbers. assigned for a nonwork purpose to an alien who cannot provide the evidence enumerate about 60 percent of all * * * * * lawfully admitted aliens who need of alien status as required by (b) * * * § 422.107(e), if the evidence described SSNs. INS estimates that it will be at (3) Immigration form. SSA may enter least several years before it will be able in that paragraph does not exist and if into an agreement with the Department the alien resides either in or outside the to collect that information for the other of State (DOS) and the Immigration and 40 percent. United States and a social security Naturalization Service (INS) to assist number is required by law as a We considered outstationing SSA SSA by collecting enumeration data as condition of the alien’s receiving a employees at INS offices. In some part of the immigration process. Where federally-funded benefit to which the regions, SSA field offices, working with an agreement is in effect, an alien need alien has established entitlement. local INS offices, have implemented this not complete a Form SS–5 with SSA * * * * * arrangement as an interim measure until and may request, through DOS or INS, 4. Section 422.105 is revised to read INS is able to electronically provide as part of the immigration process, that as follows: enumeration data centrally to SSA. SSA assign a social security number and Outstationing is not a viable alternative issue a social security number card to § 422.105 Presumption of authority of to the proposed procedures since it does him/her. Requests for SSNs to be nonimmigrant alien to accept employment. not result in savings to SSA and since assigned via this process will be made A nonimmigrant alien shall be it cannot reach aliens at all ports-of- on forms provided by DOS and INS. presumed to have permission to engage entry. (c) * * * in employment if the alien presents a 63684 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

Form I–94 issued by the Immigration copies of the original documents and are DEPARTMENT OF THE INTERIOR and Naturalization Service (INS) that subject to verification with the reflects a classification permitting work. custodians of the original records. Office of Surface Mining Reclamation and Enforcement (See 8 CFR 274a.12 for Form I–94 * * * * * classifications.) A nonimmigrant alien who has not been issued a Form I–94, (e) Evidence of alien status. * * * If 30 CFR Part 917 or whose Form I–94 does not reflect a the applicant requests the number for a [OH±242±FOR] classification permitting work, must nonwork purpose and provides submit a current document authorized evidence documenting that the number Ohio Regulatory Program by the INS that verifies authorization to is needed for a valid nonwork purpose, AGENCY: Office of Surface Mining work has been granted, e.g., an the number may be assigned and the Reclamation and Enforcement (OSM), employment authorization document, to card issued will be annotated with a Interior. enable SSA to issue an SSN card that is nonwork legend. * ** ACTION: Proposed rule; reopening of valid for work purposes. * * * * * 5. Section 422.106 is amended by comment period. 7. Section 422.110 is revised to read removing paragraph (b), redesignating SUMMARY: OSM is reopening the public as follows: paragraph (c) as paragraph (b), and by comment period on a proposed revising paragraph (a) to read as follows: § 422.110 Individual's request for change amendment to the Ohio permanent § 422.106 Filing applications with other in record. regulatory program (hereinafter referred government agencies. to as the ‘‘Ohio program’’) under the (a) Form SS–5. An individual who (a) Agreements. In carrying out its Surface Mining Control and wishes to change the name or other Reclamation Act of 1977 (SMCRA). The responsibilities to assign social security personal identifying information numbers, SSA enters into agreements proposed amendment consists of previously submitted in connection with the United States Attorney changes to the provisions of the Ohio with an application for a social security General, other Federal officials, and rules pertaining to attorney fees. The number card may complete and sign a State and local welfare agencies. An amendment is intended to revise the example of these agreements is Form SS–5 except as provided in Ohio program to be consistent with the discussed in paragraph (b) of this paragraph (b) of this section. The person corresponding Federal regulations. section. must prove his/her identity and may be DATES: Written comments must be required to provide other evidence. (See received by 4:00 p.m., [e.s.t.] December * * * * * 6. Section 422.107 is amended by § 422.107 for evidence requirements.) A 17, 1997. revising paragraph (a) and the seventh Form SS–5 may be obtained from any ADDRESSES: Written comments and sentence of paragraph (e) to read as local social security office or from one requests to speak at the hearing should follows: of the sources noted in § 422.103(b). The be mailed or hand delivered to George completed request for change in records Rieger, Field Branch Chief, at the § 422.107 Evidence requirements. may be submitted to any SSA office, or, address listed below. (a) General. An applicant for an if the individual is outside the U.S., to Copies of the Ohio program, the original social security number card the Department of Veterans Affairs proposed amendment, a listing of any must submit documentary evidence Regional Office, Manila, Philippines, or scheduled public hearings, and all which the Commissioner of Social to any U.S. foreign service post or U.S. written comments received in response to this document will be available for Security regards as convincing evidence military post. If the request is for a of age, U.S. citizenship or alien status, public review at the addresses listed change in name, a new social security below during normal business hours, and true identity. An applicant for a number card with the new name and duplicate or corrected social security Monday through Friday, excluding bearing the same number previously number card must submit convincing holidays. Each requester may receive assigned will be issued to the person documentary evidence of identity and one free copy of the proposed making the request. may also be required to submit amendment by contacting OSM’s convincing documentary evidence of (b) Assisting in enumeration. SSA Appalachian Regional Coordinating age and U.S. citizenship or alien status. may enter into an agreement with Center. An applicant for an original, duplicate, officials of the Department of State and George Rieger, Field Branch Chief, or corrected social security number card the Immigration and Naturalization Appalachian Regional Coordinating is also required to submit evidence to Service to assist SSA by collecting as Center, Office of Surface Mining assist us in determining the existence part of the immigration process Reclamation and Enforcement, 3 and identity of any previously assigned information to change the name or other Parkway Center, Pittsburgh, PA number(s). A social security number personal identifying information 15520, Telephone: (412) 937–2153 will not be assigned, or an original, previously submitted in connection Ohio Division of Mines and duplicate, or corrected card issued, with an application or request for a Reclamation, 1855 Fountain Square, Columbus, OH 43224, Telephone: unless all the evidence requirements are social security number card. If the (614) 265–1076 met. An in-person interview is required request is for a change in name, a new FOR FURTHER INFORMATION CONTACT: of an applicant who is age 18 or older social security card with the new name applying for an original social security George Rieger, Field Branch Chief, and bearing the same number Appalachian Regional Coordinating number except for an alien who requests previously assigned will be issued. a social security number as part of the Center, Telephone: (412) 937–2153. [FR Doc. 97–31459 Filed 12–1–97; 8:45 am] immigration process as described in SUPPLEMENTARY INFORMATION: § 422.103(b)(3). An in-person interview BILLING CODE 4190±29±P may also be required of other I. Background on the Ohio Program applicants. All documents submitted as On August 16, 1982, the Secretary of evidence must be originals or certified the Interior conditionally approved the Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63685

Ohio program. Background information indicated under ‘‘DATES’’ or at which an economic analysis was on the Ohio program, including the locations other than the Appalachian prepared and certification made that Secretary’s findings, the disposition of Regional Coordinating Center will not such regulations would not have a comments, and the conditions of necessarily be considered in the final significant economic effect upon a approval can be found in the August 10, rulemaking or included in the substantial number of small entities. 1982, Federal Register (47 FR 34688). Administrative Record. Accordingly, this rule will ensure that Subsequent actions concerning IV. Procedural Determination existing requirements previously conditions of approval and program promulgated by OSM will be amendments can be found at 30 CFR Executive Order 12866 implemented by the State. In making the 935.11, 935.12, 935.15, and 935.16. This rule is exempted from review by determination as to whether this rule II. Description of the Proposed the Office of Management and Budget would have a significant economic Amendment (OMB) under Executive Order 12866 impact, the Department relied upon the (Regulatory Planning and Review). data and assumptions for the By letter dated June 24, 1997 counterpart Federal regulations. (Administrative Record No. OH–2173– Executive Order 12988 Unfunded Mandates 00), Ohio submitted a proposed The Department of the Interior has amendment to its program pursuant to conducted the reviews required by This rule will not impose a cost of SMCRA and in response to a required section 3 of Executive Order 12988 $100 million or more in any given year amendment at 30 CFR 935.16. Ohio (Civil Justice Reform) and has on any governmental entity or the submitted letters of clarification on determined that, to the extent allowed private sector. August 19, 1997 (Administrative Record by law, this rule meets the applicable List of Subjects in 30 CFR Part 935 No. OH–2173–07), and October 14, 1977 standards of subsection (a) and (b) of (Administrative Record No. OH–2173– that section. However, these standards Intergovernmental relations, Surface 08). The proposed amendment was are not applicable to the actual language mining, Underground mining. announced in the July 7, 1997, Federal of State regulatory programs and Dated: November 19, 1997. Register (62 FR 36248). The revision to program amendments since each such John A. Holbrook, II, Ohio Revised Code 1513.13(E)(2) was program is drafted and promulgated by Acting Regional Director, Appalachian inadvertently omitted from the notice. a specific State, not by OSM. Under Regional Coordinating Center. Ohio proposes to require that if a final sections 503 and 505 of SMCRA (30 [FR Doc. 97–31578 Filed 12–1–97; 8:45 am] order relating to Chapter 1513 is issued U.S.C. 1253 and 1255) and 30 CFR BILLING CODE 4310±05±M under section 1513.13 and becomes the 730.11, 732.15, and 732.17(h)(10), subject of judicial review, at the request decisions on proposed State regulatory of any party, a sum equal to the programs and program amendments DEPARTMENT OF THE INTERIOR aggregate amount of all costs and submitted by the States must be based expenses, including attorney fees, as solely on a determination of whether the Office of Surface Mining Reclamation determined by the court to have been submittal is consistent with SMCRA and and Enforcement necessary and reasonably incurred by its implementing Federal regulations the party for or in connection with their and whether the other requirements of 30 CFR Part 926 participation in the judicial proceedings 30 CFR parts 730, 731, and 732 have [SPATS No. MT±018±FOR] may be awarded to either party, in been met. accordance with (E)(1) of section Montana Regulatory Program 1513.13 as the court, on the basis of National Environmental Policy Act judicial review, considers proper. No environmental impact statement is AGENCY: Office of Surface Mining required for this rule since section Reclamation and Enforcement, Interior. III. Public Comment Procedures 702(d) of SMCRA (30 U.S.C. 1292(d)) ACTION: Proposed rule; reopening and In accordance with the provisions of provides that agency decisions on extension of public comment period and 30 CFR 732.17(h), OSM is seeking proposed State regulatory program opportunity for public hearing on comments on whether the proposed provisions do not constitute major proposed amendment. amendment satisfies the applicable Federal actions within the meaning of SUMMARY: Office of Surface Mining program approval criteria of 30 CFR section 102(2)(C) of the National Reclamation and Enforcement (OSM) is 732.15. Specifically, OSM is seeking Environmental Policy Act (42 U.S.C. announcing receipt of additional comments on the revision to the State’s 4332(2)(C)). regulations that was submitted on June explanatory information pertaining to a 24, 1997 (Administrative Record No. Paperwork Reduction Act previously proposed amendment to the OH–2173–00), with the addition noted This rule does not contain Montana regulatory program above. Comments should address information collection requirements that (hereinafter, the ‘‘Montana program’’) whether the proposed amendment require approval by OMB under the under the Surface Mining Control and satisfies the applicable program Paperwork Reduction Act (44 U.S.C. Reclamation Act of 1977 (SMCRA). The approval criteria of 30 CFR 732.15. If the 3507 et seq.). additional explanatory information for amendment is deemed adequate, it will Montana’s proposed rules pertain to Regulatory Flexibility Act become part of the Ohio program. permit requirements and a notice of The Department of the Interior has intent to prospect. The amendment is Written Comments determined that this rule will not have intended to revise the Montana program Written comments should be specific, a significant economic impact on a to provide additional safeguards, clarify pertain only to the issues proposed in substantial number of small entities ambiguities, and improve operational this rulemaking, and include under the Regulatory Flexibility Act (5 efficiency. explanations in support of the U.S.C. 601 et seq.). The State submittal DATES: Written comments must be commenter’s recommendations. which is the subject of this rule is based received by 4:00 p.m., m.s.t. December Comments received after the time upon counterpart Federal regulations for 17, 1997. 63686 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

ADDRESSES: Written comments should During its review of the amendment, and (b) of that section. However, these be mailed or hand delivered to Guy OSM identified concerns relating to the standards are not applicable to the Padgett at the address listed below. requirements for prospecting permits actual language of State regulatory Copies of the Montana program, the and notices of intent to prospect at programs and program amendments proposed amendment, and all written 26.4.1001(1)(a) and 26.4.1001A(1) and since each such program is drafted and comments received in response to this (1)(b)(ii). OSM notified Montana of the promulgated by a specific State, not by document will be available for public concerns by letter dated December 6, OSM. Under sections 503 and 505 of review at the addresses listed below 1996 (Administrative Record No. MT– SMCRA (30 U.S.C. 1253 and 1255) and during normal business hours, Monday 15–09). Montana responded in a letter the Federal regulations at 30 CFR through Friday, excluding holidays. dated November 6, 1997, by submitting 730.11, 732.15, and 732.17(h)(10), Each requester may receive one free additional explanatory information decisions on proposed State regulatory copy of the proposed amendment by (Administrative Record No. MT–15–12). programs and program amendments contacting OSM’s Casper Field Office. Specifically, Montana has submitted a submitted by the States must be based Guy Padgett, Director, Casper Field proposed statute revision contained in solely on a determination of whether the Office, Office of Surface Mining another rulemaking (SPATS No. MT– submittal is consistent with SMCRA and Reclamation and Enforcement, 100 017–FOR; Administrative Record No. its implementing Federal regulations East ‘‘B’’ Street, Room 2128, Casper, MT–14–11) to address OSM’s concerns and whether the other requirements of WY, 82601–1918, Telephone: (307) with permit requirements and a notice 30 CFR parts 730, 731, and 732 have 261–5776. of intent to prospect. Instead of revising been met. the proposed rules, Montana explains Steve Welch, Chief, Industrial and 3. National Environmental Policy Act Energy Minerals Bureau, Montana that proposed changes to the statute at Department of Environmental Quality, Montana Code Annotated (MCA) 82–4– No environmental impact statement is P.O. Box 200901, Helena, MT, 59620– 226(8) to require a permit for required for this rule since section 0091, Telephone: (406) 444–4964. prospecting when more than 250 tons of 702(d) of SMCRA (30 U.S.C. 1292(d)) FOR FURTHER INFORMATION CONTACT: coal would be removed, would resolve provides that agency decisions on Guy Padgett, Telephone: (307) 261– OSM’s identified deficiency. proposed State regulatory program 5776. III. Public Comment Procedures provisions do not constitute major Federal actions within the meaning of SUPPLEMENTARY INFORMATION: OSM is reopening the comment section 102(2)(C) of the National I. Background on the Montana Program period on the proposed Montana Environmental Policy Act (42 U.S.C. program amendment to provide the On April 1, 1980, the Secretary of the 4332(2)(C)). public an opportunity to reconsider the Interior conditionally approved the adequacy of the proposed amendment 4. Paperwork Reduction Act Montana program. General background in light of the additional materials information on the Montana program, This rule does not contain submitted. In accordance with the including the Secretary’s findings, the information collection requirements that provisions of 30 CFR 732.17(h), OSM is disposition of comments, and require approval by OMB under the seeking comments on whether the conditions of approval of the Montana Paperwork Reduction Act (44 U.S.C. proposed amendment satisfies the program can be found in the April 1, 3507 et seq.). applicable program approval criteria of 1980, Federal Register (45 FR 21560). 30 CFR 732.15. If the amendment is 5. Regulatory Flexibility Act Subsequent actions concerning deemed adequate, it will become part of Montana’s program and program The Department of the Interior has the Montana program. amendments can be found at 30 CFR determined that this rule will not have Written comments should be specific, 926.15, 926.16, and 926.30. a significant economic impact on a pertain only to the issues proposed in substantial number of small entities II. Proposed Amendment this rulemaking, and include under the Regulatory Flexibility Act (5 By letter dated March 5, 1996, explanations in support of the U.S.C. 601 et seq.). The State submittal Montana submitted a proposed commenter’s recommendations. that is the subject of this rule is based amendment to its program pursuant to Comments received after the time upon counterpart Federal regulations for SMCRA (30 U.S.C. 1201 et seq.) indicated under DATES or at locations which an economic analysis was (Administrative Record No. MT–15–01). other than the Casper Field Office will prepared and certification made that Montana submitted the proposed not necessarily be considered in the such regulations would not have a amendment at its own initiative. The final rulemaking or included in the significant economic effect upon a provisions of the Administrative Rules administrative record. substantial number of small entities. of Montana that Montana proposed to IV. Procedural Determinations Accordingly, this rule will ensure that revise were: 26.4.410, permit renewal; existing requirements previously 26.4.1001, permit requirement; and 1. Executive Order 12866 promulgated by OSM will be 26.4.1001A, notice of intent to prospect. This rule is exempted from review by implemented by the State. In making the OSM announced receipt of the the Office of Management and Budget determination as to whether this rule proposed amendment in the April 10, (OMB) under Executive Order 12866 would have a significant economic 1996, Federal Register (61 FR 15910), (Regulatory Planning and Review). impact, the Department relied upon the provided an opportunity for a public data and assumptions for the hearing or meeting on its substantive 2. Executive Order 12988 counterpart Federal regulations. adequacy, and invited public comment The Department of the Interior has 6. Unfunded Mandates on its adequacy (Administrative Record conducted the reviews required by No. MT–15–04). Because no one section 3 of Executive Order 12988 This rule will not impose a cost of requested a public hearing or meeting, (Civil Justice Reform) and has $100 million or more in any given year none was held. The public comment determined that this rule meets the on any governmental entity or the period ended on May 10, 1996. applicable standards of subsections (a) private sector. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63687

List of Subjects in 30 CFR Part 926 parties interested in commenting on this Alaska, carbon monoxide (CO) Intergovernmental relations, Surface action should do so at this time. nonattainment area has not attained the mining, Underground mining. DATES: Comments on this proposed rule CO national ambient air quality must be received in writing by January standards (NAAQS) under the Clean Air Dated: November 20, 1997. 2, 1998. Act (CAA). The CO nonattainment Richard J. Seibel, ADDRESSES: Written comments on this occurred after Anchorage received a one Regional Director, Western Regional action should be addressed to Mr. year extension from the mandated Coordinating Center. Thomas Diggs, Chief, Air Planning attainment date of December 31, 1995 [FR Doc. 97–31579 Filed 12–1–97; 8:45 am] Section, at the EPA Region 6 Office for moderate nonattainment areas to BILLING CODE 4310±05±M listed below. Copies of the documents December 31, 1996. This proposed relevant to this proposed rule are finding is based on EPA’s review of available for public inspection during monitored air quality data for ENVIRONMENTAL PROTECTION normal business hours at the following compliance with the CO NAAQS. Final AGENCY locations. Anyone wanting to examine action on this proposed finding would these documents should make an result in the Anchorage CO 40 CFR Part 52 appointment with the appropriate office nonattainment area being reclassified by at least two working days in advance. operation of law as a serious [LA35±1±7305b; FRL±5928±3] Environmental Protection Agency, nonattainment area. The result of such a reclassification would be that the State Approval and Promulgation of Air Region 6, Air Planning Section (6PD– L), Multimedia Planning and must submit a new State Quality Implementation Plans, implementation plan (SIP) providing for Louisiana; Reasonable Available Permitting Division, 1445 Ross Avenue, Suite 700, Dallas, Texas attainment of the CO NAAQS by no Control Technology for Emissions of later than December 31, 2000, the CAA Volatile Organic Compounds 75202–2733. Air Quality Division, Louisiana attainment deadline for serious CO AGENCY: Environmental Protection Department of Environmental Quality, areas. Agency (EPA). 7290 Bluebonnet Boulevard, Baton DATES: Written comments on this ACTION: Proposed rule. Rouge, Louisiana 70810. proposal must be received by January 2, FOR FURTHER INFORMATION CONTACT: 1998. SUMMARY: In this action, the EPA Eaton R. Weiler, of the EPA Region 6 Air ADDRESSES: Written comment should be proposes to conditionally approve in Planning Section at the above address, addressed to Ms. Montel Livingston, part, and fully approving in part, telephone (214) 665–2174. Environmental Protection Agency, revisions to the Louisiana State SUPPLEMENTARY INFORMATION: See the Office of Air Quality (OAQ 107), Docket Implementation Plan (SIP). The information provided in the direct final AK 17–1705, 1200 6th Avenue, Seattle, revisions incorporate regulations to action of the same title which is WA 98101. Information supporting this control Volatile Organic Compound published in the Rules and Regulations action is available for inspection during emissions from major stationary sources section of this Federal Register. normal business hours at the following by means of Reasonable Available locations: EPA, Office of Air Quality, Control Technology. The major List of Subjects in 40 CFR Part 52 1200 Sixth Avenue, Seattle, Washington stationary source category controlled by Environmental protection, Air 98101, and the Alaska Department of the conditionally approved regulation is pollution control, Hydrocarbons, Environmental Conservation (ADEC), batch processes. The major stationary Incorporation by reference, Ozone, 410 Willoughby, Suite 105, Juneau, source categories controlled by the fully Reporting and recordkeeping Alaska 99801–1795. approved regulations are Synthetic requirements, Volatile organic FOR FURTHER INFORMATION CONTACT: Organic Chemical Manufacturing compounds. John Pavitt, Alaska Air Coordinator, Industry (SOCMI) reactors, SOCMI Authority: 42 U.S.C. 7401–7671q. EPA Alaska Operations Office, 907/271– distillation, and industrial cleanup Dated: November 10, 1997. 3688. solvents. The intended effect of these rules is to reduce VOC emissions into Lynda F. Carroll, SUPPLEMENTARY INFORMATION: the ambient air and thereby reduce Acting Regional Administrator. I. Background ground-level ozone concentrations. [FR Doc. 97–31409 Filed 12–1–97; 8:45 am] In the Rules and Regulations Section BILLING CODE 6560±50±P A. CAA Requirements and EPA Actions of this Federal Register, EPA is Concerning Designation and approving the State’s SIP revision as a Classification direct final rule without prior proposal ENVIRONMENTAL PROTECTION The CAA Amendments of 1990 were because the Agency views this as a AGENCY enacted on November 15, 1990. Under noncontroversial revision and 40 CFR Part 81 Section 107(d)(1)(C) of the CAA, each anticipates no adverse comments. The CO area designated nonattainment prior rationale for the approval is set forth in [AK 19±1707; FRL±5923±8] to enactment of the 1990 Amendments, the direct final rule. If no adverse such as the Anchorage area, was comments are received in response to Clean Air Act Reclassification; designated nonattainment by operation this proposed rule, no further activity is Anchorage, Alaska, Carbon Monoxide of law upon enactment of the 1990 contemplated in relation to this rule. If Nonattainment Area Amendments. Under section 186(a) of EPA receives adverse comments, the AGENCY: Environmetnal Protection the CAA, each CO area designated direct final rule will be withdrawn, and Agency (EPA). nonattainment under section 107(d) was all public comments received during the ACTION: Proposed rule. also classified by operation of law as 30-day comment period set forth below either ‘‘moderate’’ or ‘‘serious’’ will be addressed in a subsequent final SUMMARY: This action proposes to find depending on the severity of the area’s rule based on this proposed rule. Any that the Municipality of Anchorage, air quality problem. CO nonattainment 63688 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules areas with a design value between 9.1– standard and therefore must be submit, within 18 months of the area’s 16.4 parts per million (ppm), such as the reclassified as serious by operation of reclassification, SIP revisions Anchorage area, were classified as law. EPA makes attainment demonstrating attainment of the CO moderate. These nonattainment determinations for CO nonattainment NAAQS as expeditiously as practicable designations and classifications were areas based upon whether an area has but no later than December 31, 2000. codified in 40 CFR part 81. See 56 FR two years (or eight consecutive quarters) The serious CO area planning 56694 (November 6, 1991). States of clean air quality data.2 Section requirements are set forth in section containing CO moderate nonattainment 179(c)(1) of the CAA states that the 187(b) of the CAA. EPA has issued two areas that were classified as moderate attainment determination must be based general guidance documents related to nonattainment by operation of law upon an area’s ‘‘air quality as of the the planning requirements for CO SIPs. under section 107(d) were required to attainment date.’’ Consequently, EPA The first is the ‘‘General Preamble for submit State implementation plans will determine whether an area’s air the Implementation of Title I of the CAA (SIPs) designed to attain the CO NAAQS quality has met the CO NAAQS by Amendments of 1990’’ that sets forth as expeditiously as practicable but no December 31, 1995, based upon the EPA’s preliminary views on how the 1 later than December 31, 1995. most recent two years of air quality data Agency intends to act on SIPs submitted entered into the Aerometric Information B. Attainment Date Extensions under Title I of the CAA. See generally Retrieval System (AIRS) data base. 57 FR 13498 (April 16, 1992) and 57 FR If the State did not have the two EPA determines a CO nonattainment 18070 (April 28, 1992). The second consecutive clean years of data area’s air quality status in accordance general guidance document for CO SIPs necessary to show attainment of the 3 with 40 CFR 50.8 and EPA policy. EPA issued by EPA is the ‘‘Technical NAAQS, section 186(a)(4) of the CAA has promulgated two NAAQS for CO: an Support Document to Aid the States provides that EPA may approve a one 8-hour average concentration and a 1- with the Development of Carbon year attainment date extension if the hour average concentration. Because Monoxide State Implementation Plans,’’ State has: (1) complied with the there were no violations of the 1-hour July 1992. If the Anchorage area is requirements and commitments standard recorded in the Anchorage area reclassified to serious, the State would pertaining to the applicable in 1994, 1995, and 1996, this notice have to submit a SIP revision to EPA implementation plan for the area, and addresses only the air quality status of within 18 months of reclassification (2) the area has measured no more than the Anchorage area with respect to the one exceedance of CO NAAQS at any 8-hour standard. The 8-hour CO that, in addition to the attainment monitoring site in the nonattainment NAAQS requires that not more than one demonstration, includes: (1) a forecast area in the year preceding 1996, the non-overlapping 8-hour average per year of vehicle miles travelled (VMT) for extension year. per monitoring site can exceed 9.0 ppm each year before the attainment year and The Anchorage nonattainment area (values below 9.5 are rounded down to provisions for annual updates of these had two exceedances in 1994. However, 9.0 and they are not considered forecasts; (2) adopted contingency because the Anchorage nonattainment exceedances). The second exceedance of measures; and (3) adopted area had only one exceedance in 1995, the 8-hour CO NAAQS at a given transportation control measures and Anchorage qualified for a one year monitoring site within the same year strategies to offset any growth in CO attainment date extension to 1996. Two constitutes a violation of the CO emissions from growth in VMT or consecutive years of clean data are NAAQS. Anchorage had two number of vehicle trips. See CAA required in order to attain the CO exceedances of the CO NAAQS in 1994, sections 187(a)(7), 187(a)(2)(A), NAAQS. EPA granted the extension and one exceedance win 1995 (one 187(a)(3), 187(b)(2), and 187(b)(1). Upon the action was published in the Federal exceedance does not constitute a CO reclassification, contingency measures Register on June 28, 1996 (61 FR 33676). violation because a violation of the CO in the moderate area plan for the Anchorage area must be implemented. C. Reclassification to a Serious NAAQS means two exceedances of the 8-hour CO NAAQS at a given Nonattainment Area II. This Action monitoring site within the same year), 1. EPA has the responsibility, and three CO exceedances in 1996 (its By today’s action, EPA is proposing to pursuant to sections 179(c) and non-attainment extension year). find that the Anchorage CO 186(b)(2) of the CAA, of determining 2. SIP Requirements for Serious CO nonattainment area failed to whether the Anchorage area has Areas: CO nonattainment areas demonstrate attainment of the CO attained the CO NAAQS. Under section reclassified as serious under section NAAQS by December 31, 1996, the CO 186(b)(2)(A), if EPA finds that the area 186(b)(2) of the CAA are required to attainment extension date. This has not attained the CO NAAQS, it is proposed finding is based upon air reclassified as serious by operation of 2 See generally memorandum from Sally L. quality data showing exceedances of the law. Pursuant to section 186(b)(2)(B) of Shaver, Director, Air Quality Strategies and the Act, EPA must publish a notice in Standards Division, EPA, to Regional Air Office CO NAAQS during 1996. Directors, entitled ‘‘Criteria for Granting Attainment Ambient Air Monitoring Data: The the Federal Register identifying areas Date Extensions, Making Attainment which it determines failed to attain the Determinations, and Determinations of Failure to following table lists the monitoring sites Attain the NAAQS for Moderate CO Nonattainment in the Anchorage CO nonattainment 1 The moderate area SIP requirements are set forth Areas,’’ October 23, 1995 (Shaver memorandum). area where the 8-hour CO NAAQS was in section 187(a) of the CAA Amendments of 1990 3 See memorandum from William G. Laxton, exceeded during 1996, based on data and differ depending on whether the area’s design Director, Technical Support Division, entitled value is below or above 12.7 ppm. The Anchorage ‘‘Ozone and Carbon Monoxide Design Value validated by the Alaska Department of area has a design value above 12.7 ppm. 40 CFR Calculations,’’ June 18, 1990. See also Shaver Environmental Conservation and 81.302. memorandum. entered into the AIRS data base. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63689

ANCHORAGE CARBON MONOXIDE EXCEEDANCES OF THE 8-HOUR STANDARDÐ1996

Number 8-hour CO Max 8-hour Second- exceedances Monitoring site reading Date reading max 8-hour 8-hour (PPM) reading standard

Spenard & Benson ...... 10.1 1/22/96 ...... 9.5 12/27/96 ...... 9.6 12/31/96 ...... YearÐ1996 ...... 11.0 9.6 3 Seward Hwy & Benson ...... 10.0 1/22/96 ...... 9.5 12/27/96 ...... 9.5 12/31/96 ...... YearÐ1996 ...... 10.8 10.5 3

Because the 1996 exceedances are cannot be said to impose a materially List of Subjects in 40 CFR Part 81 valid for use in determining the adverse impact on State, local or tribal Environmental protection, Air attainment status of the Anchorage area, government or communities. pollution control, Carbon monoxide, EPA is proposing to find, based on the Intergovernmental relations. 1996 CO violations discussed above, IV. Regulatory Flexibility Authority: 42 U.S.C. 7401–7671q. that the area did not attain the CO Under the Regulatory Flexibility Act, NAAQS by its extension year deadline Dated: November 12, 1997. 5 U.S.C. 601 et seq, EPA must prepare of December 31, 1996. If EPA finalizes Chuck Clarke, a regulatory flexibility analysis this finding, by operation of law Regional Administrator. assessing the impact of any proposed or Anchorage will be reclassified a serious [FR Doc. 97–30242 Filed 12–1–97; 8:45 am] CO nonattainment area. final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify BILLING CODE 6560±50±M III. Executive Order (EO) 12866 that the rule will not have a significant Under E.O. 12866, 58 FR 51735 economic impact on a substantial DEPARTMENT OF HEALTH AND (October 4, 1993), EPA is required to number of small entities. Small entities HUMAN SERVICES determine whether regulatory actions include small businesses, small not-for- are significant and therefore should be profit enterprises, and government Office of Inspector General subject to OMB review, economic entities with jurisdiction over analysis, and the requirements of the populations of less than 50,000. As 42 CFR Part 1001 Executive Order. The Executive Order discussed in section III of this notice, defines a ‘‘significant regulatory action’’ findings of failure to attain and Negotiated Rulemaking Committee on as one that is likely to result in a rule reclassification of nonattainment areas the Shared Risk Exception; Meetings that may meet at least one of the four under section 186(b)(2) of the CAA do criteria identified in section 3(f), AGENCY: Office of Inspector General not in and of themselves create any new including, under paragraph (1), that the (OIG), HHS. requirements. Therefore, I certify that rule may ‘‘have an annual effect on the ACTION: Meeting of Negotiated economy of $100 million or more or today’s proposed action does not have a Rulemaking Committee. adversely affect, in a material way, the significant impact on small entities. SUMMARY: In accordance with the economy, a sector of the economy, V. Unfunded Mandates productivity, competition, jobs, the Federal Advisory Committee Act, this environment, public health or safety, or Under sections 202, 203, and 205 of document announced the dates and State, local or tribal governments or the Unfunded Mandates Reform Act of location for the sixth and seventh set of communities.’’ The Agency has 1995 (Unfunded Mandates Act), signed meetings by the Negotiated Rulemaking Committee on the Shared Risk determined that the finding of failure to into law on March 22, 1995, EPA must Exception. The purpose of this attain proposed today would result in assess whether various actions committee is to negotiate the none of the effects identified in section undertaken in association with 3(f). Under section 186(b)(2) of the CAA, development of an interim final rule proposed or final regulations include a addressing the shared risk exception to findings of failure to attain and Federal mandate that may result in reclassification of nonattainment areas the Federal health care programs’ anti- estimated costs of $100 million or more kickback provisions, as statutorily- are based upon air quality to the private sector, or to State, local or considerations and must occur by mandated by section 216 of the Health tribal governments in the aggregate. EPA Insurance Portability and operation of law in light of certain air believes, as discussed above, that the quality conditions. They do not, in and Accountability Act of 1996. proposed finding of failure to attain and of themselves, impose any new DATES: The next series of meetings will reclassification of the Anchorage requirements on any sectors of the be held from 9:00 a.m. to 5:00 p.m. on economy. In addition, because the nonattainment area are factual December 16, 17 and 18, 1997. The statutory requirements are clearly determinations based upon air quality seventh series of meetings will be held defined with respect to the differently considerations and must occur by on January 20, 21 and 22, 1998 from classified areas, and because those operation of law and, hence, do not 9:00 a.m. to 5:00 p.m. requirements are automatically triggered impose any Federal intergovernmental ADDRESSES: Both the December and by classifications that, in turn, are mandate, as defined in section 101 of January meetings will be held at the triggered by air quality values, findings the Unfunded Mandates Act. Holiday Inn Capitol, 550 C Street, S.W., of failure to attain and reclassification Washington, D.C. 20024. 63690 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: SUMMARY: This document requests one, which involve channel allotments. Inquires regarding these meetings comments on a petition for rule making See 47 CFR 1.1204(b) for rules should be addressed to Joel Schaer, OIG filed on behalf of 550–AM, permittee of governing permissible ex parte contacts. Regulations Officer, Office of Counsel to Station WZEW(FM), Channel 239A, East For information regarding proper filing the Inspector General, Room 5518, Brewton, Alabama, requesting the procedures for comments, See 47 CFR 1.415 Cohen Building, 330 Independence substitution of Channel 239C3 for and 1.420. Avenue, S.W., Washington, D.C. 20201; Channel 239A at East Brewton, the or call (202) 619–0089. reallotment of Channel 239C3 to List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: The Navarre, Florida, and modification of its Radio broadcasting. Negotiated Rulemaking Committee on authorization accordingly, pursuant to Federal Communications Commission. the Shared Risk Exception has been the provisions of Section 1.420(i) of the John A. Karousos, established to provide advice and make Commission’s Rules. Petitioner is Chief, Allocations Branch, Policy and Rules recommendations to the Secretary of requested to provide additional Division, Mass Media Bureau. Health and Human Services with information to establish Navarre’s status [FR Doc. 97–31513 Filed 12–1–97; 8:45 am] respect to the text or content of an as a community for allotment purposes. BILLING CODE 6712±01±P interim final rule that will establish Coordinates used for requested Channel standards relating to the exception to 239C3 at Navarre, Florida, are 30–26–52 the anti-kickback statute for risk-sharing and 86–51–55. DEPARTMENT OF COMMERCE arrangements, set forth in section The petitioner’s modification 1128B(b)(3)(F) of the Social Security proposal complies with the provisions National Oceanic and Atmospheric Act. The exception was enacted by of Section 1.420(i) of the Commission’s Administration section 216 of Pub. L. 104–191, the Rules, and therefore, we will not accept Health Insurance Portability and competing expressions of interest in the 50 CFR Part 679 use of Channel 239C3 at Navarre, Accountability Act (HIPAA) of 1996. [Docket No. 971112269±7269±01; I.D. Section 216 of HIPAA provides that the Florida, or require the petitioner to 102997A] Secretary will promulgate regulations demonstrate the availability of an that establish standards for the additional equivalent class channel. RIN 0648-AK13 DATES: Comments must be filed on or exception using an expedited negotiated Fisheries of the Exclusive Economic before January 12, 1998, and reply rulemaking process. Zone off Alaska; Revised Management comments on or before January 27, During the scheduled December and Authority for Pelagic Shelf Rockfish January meetings, the committee will 1998. continue to discuss issues relating to the ADDRESSES: Secretary, Federal AGENCY: National Marine Fisheries development of the interim final rule Communications Commission, Service (NMFS), National Oceanic and and to generate and discuss options for Washington, DC 20554. In addition to Atmospheric Administration (NOAA), resolving those issues. filing comments with the FCC, Commerce. The meetings will be open to the interested parties should serve the ACTION: Proposed rule; request for public without advanced registration. A petitioner’s counsel, as follows: William comments. summary of all proceedings of these J. Pennington, Jr., Esq., Post Office Box meetings and relevant matters and other 403, Westfield, MA 01086. SUMMARY: NMFS proposes regulations to material will also be available for public FOR FURTHER INFORMATION CONTACT: implement Amendment 46 to the inspection at the address listed above Nancy Joyner, Mass Media Bureau, (202) Fishery Management Plan for from the hours of 8:30 a.m. to 5:00 p.m., 418–2180. Groundfish of the Gulf of Alaska (FMP) which has been submitted by the North or can be accessed through the OIG web SUPPLEMENTARY INFORMATION: This is a site located at http://www.dhhs.gov/ synopsis of the Commission’s Notice of Pacific Fishery Management Council progorg/oig. Proposed Rule Making, MM Docket No. (Council) for Secretarial review. Notice of this meeting is given under 97–233, adopted November 12, 1997, Amendment 46 would remove black the Federal Advisory Committee Act (5 and released November 21, 1997. The and blue rockfish from the complex of U.S.C. App. 2). full text of this Commission decision is species managed under the FMP. The State of Alaska (State) would regulate Dated: November 21, 1997. available for inspection and copying fishing for these species by vessels June Gibbs Brown, during normal business hours in the FCC’s Reference Center (Room 239), registered under Alaska law. This action Inspector General. is necessary to allow the State to [FR Doc. 97–31473 Filed 12–1–97; 8:45 am] 1919 M street, NW., Washington, DC. The complete text of this decision may implement more responsive, regionally- BILLING CODE 4150±04±M also be purchased from the based, management of these species Commission’s copy contractor, than is currently possible under the International Transcription Service, FMP. The intended effect of this action FEDERAL COMMUNICATIONS Inc., 1231 20th Street, NW., is to repeal duplicative Federal COMMISSION Washington, DC 20036, (202) 857–3800. regulations, provide for more responsive State management and prevent localized 47 CFR Part 73 Provisions of the Regulatory Flexibility Act of 1980 do not apply to overfishing of black and blue rockfish [MM Docket No. 97±233, RM±9162] this proceeding. stocks. Members of the public should note DATES: Comments on the proposed rule Radio Broadcasting Services; East that from the time a Notice of Proposed must be received by January 16, 1998. Brewton, AL and Navarre, FL Rule Making is issued until the matter ADDRESSES: Comments should be AGENCY: Federal Communications is no longer subject to Commission submitted to Chief, Fisheries Commission. consideration or court review, all ex Management Division, Alaska Region, parte contacts are prohibited in NMFS, P.O. Box 21668, Juneau, AK ACTION: Proposed rule. Commission proceedings, such as this 99802, Attn: Lori Gravel, or delivered to Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63691 the Federal Building, 709 West 9th survey. Small-area harvest guidelines, Classification Street, Juneau, AK. Copies of the developed using more selective At this time, NMFS has not proposed Amendment 46 and the sampling methodologies, are necessary determined that Amendment 46 is Environmental Assessment/Regulatory to prevent localized depletion of these consistent with the national standards, Impact Review (EA/RIR) and related territorial, slow-growing, long-lived other provisions of the Magnuson- economic analysis prepared for the species. The current management Stevens Act, and other applicable laws. proposed action are available from the system cannot accommodate this. NMFS, in making that determination, North Pacific Fishery Management Currently, both species are taken will take into account the data, views, Council, 605 West 4th Ave., Suite 306, chiefly in State waters (78 percent in and comments received during the Anchorage, AK 99501–2252; telephone: 1996). Under current management, the comment period. 907–271–2809. State’s closure of the rockfish fishery in NMFS prepared an EA/RIR that FOR FURTHER INFORMATION CONTACT: State waters is often followed by a describes the impact this proposed rule, Alan Kinsolving 907–586–7228. reported shift in effort to PSR species in if adopted, would have on small SUPPLEMENTARY INFORMATION: adjacent Federal waters. Transferring entities. A copy of the RIR is available management of these species to the from the Council (see ADDRESSES). Management Background and Need for State should result in more effective Based on the economic analysis in the Action conservation measures in both RIR, the Assistant General Counsel for The domestic groundfish fisheries in nearshore and offshore waters while Legislation and Regulation of the the exclusive economic zone of the Gulf eliminating duplicative Federal Department of Commerce made the of Alaska (GOA) are managed by NMFS management. following certification to the Chief under the FMP. The FMP was prepared At its June 1997 meeting, the Council Counsel for Advocacy of the Small by the Council under the Magnuson- adopted Amendment 46 to the FMP. If Business Administration that the Stevens Fishery Conservation and this amendment were approved, the proposed rule, if adopted, would not Management Act (Magnuson-Stevens State could regulate State-registered have a significant economic impact on Act). Regulations governing the vessels fishing for black and blue a substantial number of small entities: groundfish fisheries of the GOA appear rockfish. The black and blue rockfish The Small Business Administration has at 50 CFR parts 600 and 679. fishery is not large, and all vessels defined all fish-harvesting or hatchery The Council has submitted participating in it are registered under businesses that are independently owned and Amendment 46 for Secretarial review the laws of the State. Typically, the operated, not dominant in their field of and a Notice of Availability (NOA) of vessels are small, and operators would operation, with annual receipts not in excess the FMP amendment was published on be unable to land their catch outside the of $3 million as small businesses. In November 5, 1997 (62 FR 59844), with State. Insurance and safety concerns addition, seafood processors with 500 also make it unlikely that vessels in the employees or fewer, wholesale industry comments on the FMP amendment members with 100 employees or fewer, not- invited through January 5, 1998. All fishery would not be registered with the for-profit-enterprises, and government written comments received by January State. Thus, it is unlikely that any vessel jurisdictions with a population of 50,000 or 5, 1998, whether specifically directed to harvesting black or blue rockfish in less are considered small entities. NMFS has the FMP amendment, the proposed rule, Federal waters would not be subject to determined that a ‘‘substantial number’’ of or both, will be considered in the State regulations. small entities would generally be 20 percent approval/disapproval decision on the Black and blue rockfish are also taken of the total universe of small entities affected as bycatch in other federally managed by the regulation. A regulation would have FMP amendment. a ‘‘significant negative impact’’ on these Black rockfish (Sebastes melanops) fisheries, especially the halibut small entities if it reduced annual gross and blue rockfish (S. mystinus) Individual Fishing Quota and Pacific revenues by more than 5 percent, increased currently are managed as part of the cod jig fisheries. By removing black and total costs of production by more than 5 pelagic shelf rockfish assemblage (PSR) blue rockfish from the FMP, the State percent or resulted in compliance costs for under the FMP. The Council is could impose on State registered vessels small entities by at least 10 percent compared concerned that recent expansion of a fishing in the Federal fisheries only with compliance costs as a percent of sales fishery for these species in the central such additional State measures, like for large entities. bycatch retention limits for blue and NMFS assumes that most catcher vessels GOA may result in unsustainable black participating in the Alaska groundfish and blue rockfish catches. black rockfish, as are consistent with the fisheries are ‘‘small entities’’ for purposes of Two problems with Federal applicable Federal fishing regulations the Regulatory Flexibility Act. During 1996, management of black and blue rockfish for the fishery in which the vessel is in the GOA, 1,416 catcher vessels have been identified by the Council. operating. The Council’s intent is not to participated in the GOA groundfish fishery. First, the total allowable catch (TAC) for give the State authority to indirectly Of those, 302 vessels, or 21 percent, landed all PSR species is based on a triennial regulate other federally managed black rockfish and would presumably be trawl survey. Survey catches are fisheries through State implementation affected by the proposed action dominated (93 percent to over 99 of gear restrictions, area closures, or During 1996, vessels participating in the fishery landed 973,443 lb (441.6 mt) of black percent) by the underexploited dusky other bycatch control measures. rockfish. Most of these landings were by rockfish. This leads to the development To manage directed fishing closures vessels participating in the directed jig-gear of acceptable harvest levels for the PSR for FMP groundfish effectively, NMFS fishery. Based on an average price paid of assemblage that are sustainable for must know whether these species are $0.35/lb ($771.61 mt) for Western and stronger PSR stocks such as dusky taken in a directed groundfish fishery or Central GOA landings, and $0.40/lb rockfish, but that may be inappropriate as bycatch in a nongroundfish fishery. ($881.84/mt) for Eastern GOA landings, the for weaker black and blue rockfish Because other groundfish are often 1996 value of these landings is estimated to stocks. Second, the trawl survey only taken at the same time as black and blue be about $344,000. Removing black and blue rockfish from the samples fish on or near a smooth rockfish, NMFS would continue to PSR TAC should encourage the development bottom. However, most black and blue require reporting of retained black and of a small vessel fishery targeting under rockfish occur in rocky nearshore reef blue rockfish when they are landed at exploited-black and blue rockfish stocks in habitats that are not sampled by this the same time as other FMP groundfish. the Western and Eastern GOA. At the same 63692 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules time, the State will be able to more § 679.2 Definitions. year through 2400 hours, A.l.t., effectively manage potentially overexploited * * * * * December 31, subject to other provisions stocks in the Central GOA and increase their Rockfish means: of this part. long-term yield. Finally, elimination of duplicative Federal regulations may ease the (1) For the Gulf of Alaska: Any * * * * * regulatory burden on small-vessel fishermen species of Sebastes or Sebastelobus except Sebastes melanops, the black 5. In § 679.50, paragraph (c)(2)(iv) is and reduce compliance costs. Transferring revised to read as follows: management of black and blue rockfish to the rockfish, and Sebastes mystinus, the State may result in short-term restrictions on blue rockfish. § 679.50 Groundfish Observer Program jig fishermen, but because both species are (2) For the Bering Sea and Aleutian applicable through December 31, 1997. predominately taken in State waters, most Islands Management Area: Any species * * * * * fishermen must already comply with State of Sebastes or Sebastelobus. regulations. Thus, it is not anticipated that (c)* * * the action would meet or exceed any of the * * * * * criteria for a significant economic impact. 3. In § 679.21, paragraph (e)(3)(iv)(D) (2)* * * This proposed rule has been is revised to read as follows: (iv) Rockfish fishery. In a retained determined to be not significant for the § 679.21 Prohibited species bycatch aggregate catch of rockfish that is greater purposes of E.O. 12866. management. than the retained catch of any other groundfish species or species group that * * * * * List of Subjects in 50 CFR Part 679 is specified as a separate groundfish (e)* * * Alaska, Fisheries, Reporting and (3)* * * fishery under this paragraph (c)(2). recordkeeping requirements. (iv)* * * * * * * * Dated: November 20, 1997. (D) Rockfish fishery. Fishing with 6. In Table 3 to part 679, the reference David L. Evans, trawl gear during any weekly reporting to footnote 1 and footnote 1 are Deputy Assistant Administrator for Fisheries, period that results in a retained removed, and footnotes 2 and 3 are National Marine Fisheries Service. aggregate amount of rockfish species redesignated footnotes 1 and 2 For the reasons set out in the that is greater than the retained amount respectively. preamble, 50 CFR part 679 is proposed of any other fishery category defined 7. In Table 10 to part 679, footnote 2 to be amended as follows: under this paragraph (e)(3)(iv). is revised to read as follows: * * * * * PART 679ÐFISHERIES OF THE 4. In § 679.23, paragraph (d)(1) is Table 10 to part 679—Current Gulf of EXCLUSIVE ECONOMIC ZONE OFF revised to read as follows: Alaska Retainable Percentages ALASKA * * * * * § 679.23 Seasons. 1. The authority citation for 50 CFR 2 Aggregated Rockfish means any * * * * * part 679 continues to read as follows: rockfish except in the Southeast Outside (d)* * * District where demersal shelf rockfish Authority: 16 U.S.C. 773 et seq., 1801 et (1) Directed fishing for trawl rockfish. (DSR) is a separate category. seq., and 3631 et seq. Directed fishing for rockfish with trawl 2. In § 679.2, a definition of gear is authorized from 1200 hours, * * * * * ‘‘rockfish’’ is added in alphabetical A.l.t., on the first day of the third [FR Doc. 97–31583 Filed 12–1–97; 8:45 am] order to read as follows: quarterly reporting period of a fishing BILLING CODE 3510±22±F 63693

Notices Federal Register Vol. 62, No. 231

Tuesday, December 2, 1997

This section of the FEDERAL REGISTER displays a currently valid OMB control Number of Respondents: 480. contains documents other than rules or number. Frequency of Responses: Reporting: proposed rules that are applicable to the On occasion. Agricultural Marketing Service public. Notices of hearings and investigations, Total Burden Hours: 120. committee meetings, agency decisions and Title: Marketing Order Regulating the rulings, delegations of authority, filing of Handling of Spearmint Oil Produced in Rural Housing Service petitions and applications and agency the Far West, M.O. 985. Title: 7 CFR 1951–C, ‘‘Offset of statements of organization and functions are OMB Control Number: 0581–0065. examples of documents appearing in this Federal Payments to USDA Borrowers’’. section. Summary of Collection: Information is OMB Control Number: 0575–0119. collected to nominate committee Summary of Collection: Borrowers members, to determine compliance, to may respond to administrative, salary, DEPARTMENT OF AGRICULTURE levy assessments and to prepare reports. or IRS offset by a written request for Need and Use of the Information: The records, a written offer to repay, or a Submission for OMB Review; information is used to regulate written request for an approval. Comment Request Marketing Order 985. Need and Use of the Information: The Description of Respondents: Business information will be used to promulgate November 25, 1997. or other for-profit; Farms; Federal the policies and procedures of the The Department of Agriculture has Government; State, Local or Tribal Federal Collection Act of 1996. submitted the following information Government. Description of Respondents: collection requirement(s) to OMB for Number of Respondents: 264. Individuals or households; Business or Frequency of Responses: review and clearance under the other for-profit; Farms. Recordkeeping; Reporting: On occasion; Paperwork Reduction Act of 1995, Number of Respondents: 9,325. Public Law 104–13. Comments Annually; Biennially. Total Burden Hours: 195. Frequency of Responses: Reporting: regarding (a) whether the collection of On occasion. information is necessary for the proper National Agricultural Statistics Service Total Burden Hours: 5,488. performance of the functions of the Title: Cotton Ginnings. Donald Hulcher, agency, including whether the OMB Control Number: 0535–0220. Departmental Clearance Officer. information will have practical utility; Summary of Collection: Information [FR Doc. 97–31563 Filed 12–1–97; 8:45 am] (b) the accuracy of the agency’s estimate collected includes bales of cotton BILLING CODE 3410±01±M of burden including the validity of the ginned and to be ginned, lint cotton and methodology and assumptions used; (c) cottonseed produced and cottonseed ways to enhance the quality, utility and sold to oil mills. DEPARTMENT OF AGRICULTURE clarity of the information to be Need and Use of the Information: The collected; (d) ways to minimize the information is used to help prepare Agricultural Marketing Service burden of the collection of information monthly and annual cotton production [DA±97±15] on those who are to respond, including estimates and production cost estimates. through the use of appropriate Description of Respondents: Business Notice of Request for Extension and automated, electronic, mechanical, or or other for-profit. Revision of a Currently Approved other technological collection Number of Respondents: 11,610. Information Collection techniques or other forms of information Frequency of Responses: Reporting: technology should be addressed to: Desk Semi-annually; Annually; September– AGENCY: Agricultural Marketing Service, Officer for Agriculture, Office of January. USDA. Information and Regulatory Affairs, Total Burden Hours: 1,168. ACTION: Proposed collection; comments Office of Management and Budget Animal and Plant Health Inspection requested. (OMB), Washington, DC 20503 and to Service Department Clearance Office, USDA, SUMMARY: In accordance with the OCIO, Mail Stop 7602, Washington, DC Title: Request for Credit Account Paperwork Reduction Act of 1995 (44 20250–7602. Comments regarding these Approval for Reimbursable Services. U.S.C. Chapter 35), this notice OMB Control Number: 0579–0055. information collections are best assured announces the Agricultural Marketing Summary of Collection: Information is Service’s (AMS) intention to request an of having their full effect if received collected from applicants for within 30 days of this notification. extension for and revision to a currently reimbursable inspection services. approved information collection for Copies of the submission(s) may be Need and Use of the Information: The Report Forms Under the Federal Milk obtained by calling (202) 720–6746. information is needed to support Marketing Order Program. An agency may not conduct or requests for credit accounts for sponsor a collection of information reimbursable overtime and import/ DATES: Comments on this notice must be unless the collection of information export services and to provide received by February 2, 1998 to be displays a currently valid OMB control information to prepare billings for such assured of consideration. number and the agency informs services performed. ADDITIONAL INFORMATION OR COMMENTS: potential persons who are to respond to Description of Respondents: Business Contact William F. Newell, Order the collection of information that such or other for-profit; Individuals or Operations Branch, Dairy Programs, persons are not required to respond to households; Not-for-profit institutions; Agricultural Marketing Service, U.S. the collection of information unless it Federal Government. Department of Agriculture, P.O. Box 63694 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

96456, Room 2753–S, Washington, D.C., for OMB approval. All comments will Section 102(c)(2) of Pub. L. 480 20090–6456; Telephone (202) 720–3869 become a matter of public record. provides that CCC shall consider a or Fax (202) 720–4844. Dated: November 25, 1997. developing country for which an agricultural market development plan SUPPLEMENTARY INFORMATION: Richard M. McKee, Title: Report Forms Under Federal has been approved as having the Deputy Administrator, Dairy Programs. demonstrated potential to become a Milk Orders (From Milk Handlers and [FR Doc. 97–31570 Filed 12–1–97; 8:45 am] Milk Marketing Cooperatives) commercial market. The purpose of this BILLING CODE 3410±02±M OMB Number: 0581–0032. Notice is to invite interested parties to Expiration Date of Approval: May 31, submit agricultural market development plans to CCC for its consideration in 1998. DEPARTMENT OF AGRICULTURE Type of Request: Extension and selecting Title I, Pub. L. 480 agreements. revision of a currently approved Commodity Credit Corporation In order to be considered, an information collection. agricultural market development plan Abstract: Federal Milk Marketing Title I, P. L. 480 Agreements With the must be submitted by a developing Order regulations authorized under the Private Trade country or private entity in conjunction Agricultural Marketing Agreement Act with an ‘‘agricultural trade AGENCY: Commodity Credit Corporation. of 1937, as amended (7 U.S.C. 601–674), organization.’’ An agricultural trade require milk handlers to report in detail ACTION: Notice. organization is a non-profit organization the receipt and utilization of milk and that promotes the sale and export of SUMMARY: Commodity Credit U.S. agricultural commodities. The milk products handled at each of their Corporation (‘‘CCC’’) invites proposals plants that are regulated by a Federal terms ‘‘agricultural commodities’’ and for ‘‘agricultural market development ‘‘developing country’’ are defined in Order. The data are needed to plans’’ to be considered by CCC in administer the classified pricing system section 402 of Pub. L. 480. The connection with approval of agreements agricultural market development plan and related requirements of each under Title I of the Agricultural Trade Federal Order. must describe a project or program for Development and Assistance Act of the development and expansion of a Formal rulemaking amendments to 1954, (‘‘Pub. L. 480’’). Agricultural commercial market for a United States the orders must be approved in market development plans must be agricultural commodity in a developing referenda conducted by the Secretary. submitted by developing countries or country, and the economic development Estimate of Burden: Public reporting private entities in conjunction with of the country. Local currency realized burden for this collection of information agricultural trade organizations. from the sale of commodities received is estimated to average .87 hours per by a participant may be used to fund the response. DATES: Comments on this notice must be agricultural market development plan. Respondents: Milk Handlers and Milk received by February 2, 1997. FOR FURTHER INFORMATION CONTACT: Interested parties desiring to submit Marketing Cooperatives. an agricultural market development Estimated Number of Respondents: Director, Program Development Division, Foreign Agricultural Service, plan to CCC should submit an 772. agricultural market development plan, Estimated Number of Responses per U.S. Department of Agriculture, Room 4506, South Building, Washington, D.C. or a concept paper to the Director, Respondent: 35. Program Development Division, Foreign 20250; telephone: (202) 720–4221; Estimated Total Annual Burden on Agricultural Service at the following Facsimile: (202) 690–0251. Respondents: 23,858 hours. address: Director, Program Development Comments are invited on: (1) Whether SUPPLEMENTARY INFORMATION: Under Division, Foreign Agricultural Service, the proposed collection of information Title I of Pub. L. 480, CCC finances, on U.S. Department of Agriculture, Room is necessary for the proper performance concessional credit terms, the sale and 4506, South Building, Washington, D.C. of the functions of the agency, including exportation of agricultural commodities 20250. whether the information will have to developing countries. As a result of The agricultural market development practical utility; (2) the accuracy of the amendments made by the Federal plans or concept papers should outline agency’s estimate of the burden of the Agriculture Improvement and Reform the following points that will ultimately proposed collection of information Act of 1996, Pub. L. 104–127, CCC may be incorporated into a final agricultural including the validity of the now also enter into Title I, Pub. L. 480 market development plan: methodology and assumptions used; (3) agreements with private entities. When • A description of the project or ways to enhance the quality, utility, and selecting agreements to be entered into program for the development and clarity of the information to be under Title I, Pub. L. 480, whether with expansion of a commercial market for a collected; and (4) ways to minimize the a developing country or private entity U.S. agricultural commodity on a burden of the collection of information (hereafter ‘‘participant’’), CCC must give generic basis in a developing country, on those who are to respond, including priority to agreements providing for the and the economic development of the the use of appropriate automated, export to developing countries that: country; electronic, mechanical, or other (1) Have the demonstrated potential to • An indication of funding sources to technological collection techniques or become commercial markets for implement the project or program, e.g., other forms of information technology. competitively priced United States private industry or host government Comments may be sent to Office of the agricultural commodities; funds, in addition to local currency Deputy Administrator, USDA/AMS/ (2) Are undertaking measures for sales proceeds; Dairy Programs, Room 2968–S, P.O. Box economic development purposes to • Whether CCC funds would be 96456, Washington D.C. 20090–6456. improve food security and agricultural necessary for reimbursement of All comments received will be available development, alleviate poverty, and administrative costs incurred by for public inspection during regular promote broad-based equitable and agricultural trade organizations in business hours at the same address. sustainable development; and implementing and administering All responses to this notice will be (3) Demonstrate the greatest need for agricultural market development plans summarized and included in the request food. (CCC will not provide funds for Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63695 administrative costs incurred in Signed at Washington D.C. on November Type of Request: Intent to extend a connection with the development of an 24, 1997. currently approved information agricultural market development plan at Lon Hatamiya, collection. any stage of its development.); Administrator, Foreign Agricultural Service Abstract: The information is needed • A results-oriented means of and Vice President, Commodity Credit to carry out the Secretary’s Corporation. measuring the success of the project or responsibility for determining whether a program; and [FR Doc. 97–31480 Filed 12–1–97; 8:45 am] State’s central filing system for • A plan for graduating the project or BILLING CODE 3410±10±M notification of buyers of farm products program away from the use of any of any mortgages or liens on the federal funds. products meets certification DEPARTMENT OF AGRICULTURE In addition to the above items, an requirements under section 1324 of the agricultural market development plan or Grain Inspection, Packers and Food Security Act of 1985. concept paper should also include Stockyards Administration Estimate of Burden: Public reporting information regarding: and recordkeeping burden for this • Credit terms that may be desired by Notice of Request for Extension of a collection of information is estimated to a participant in connection with the Currently Approved Information average 12 hours per response. underlying Title I, Pub. L. 480 Collection Respondents: States seeking agreement; AGENCY: certification of central filing systems to • The agricultural commodity to be Grain Inspection, Packers and notify buyers of farm products of any purchased; Stockyards Administration. mortgages or liens on the products. • The administrative capabilities of ACTION: Notice and request for the agricultural trade organization to comments. Estimated Number of Respondents: 1. implement an agricultural market SUMMARY: In compliance with the Estimated Number of Responses per development plan; Paperwork Reduction Act of 1995 (44 Respondent: 1. • If the participant is a private entity, U.S.C. 35), Grain Inspection, Packers Estimated Total Annual Burden on a description of security to be provided and Stockyards Administration (GIPSA) Respondents: 12. CCC to support repayment to CCC of the is announcing an opportunity for the Copies of this information collection financing extended; public to comment on its intention to • can be obtained from Cathy McDuffie, A description of any other request an extension for a currently the Agency Support Services Specialist, organizations that will be used in approved information collection. The at (301) 734–5190. completing the project or program and information collection is used to Comments: Comments are invited on: how such organizations will be used; determine whether a State’s central (a) Whether the collection of • A planned budget summary of filing system for notifying farm product information is necessary for the proper funds or commodities used in lieu of buyers of liens on farm products can be performance of the functions of the funds, in support of the project or certified by the Secretary. program. agency, including whether the DATES: Comments on this notice must be information will have practical utility; Interested parties have considerable received by February 2, 1998 to be (b) the accuracy of the agency’s estimate latitude to exercise creativity in assured of consideration. of the burden of the proposed collection constructing proposals. In evaluating ADDITIONAL INFORMATION OR COMMENTS: of information, including the validity of project proposals, CCC will consider the Contact Gerald Grinnell, Industry the methodology and assumptions used; following factors: Analysis Staff, GIPSA, USDA, STOP • (c) ways to enhance the quality, utility, The organizational ability of the 3647, 1400 Independence Avenue SW., and clarity of the information to be participant to complete the project or Washington, DC 20250–3647 or FAX collected; and (d) ways to minimize the program; 202 690–1266, telephone: 202 720– • burden of the collection of information The size, in both budget and scope, 7455. on those who are to respond, including of the proposed project or program, and SUPPLEMENTARY INFORMATION: Under through the use of appropriate the level of U.S. and private resources Section 1324 of the Food Security Act automated, electronic, mechanical, or available; of 1985 (Act) (7 U.S.C. 1631), States other technological collection • Anticipated cost to CCC in terms of implementing central filing systems for techniques or forms of information initial financing and repayment terms; notification of liens on farm products technology. Comments may be sent to: • The likelihood of the market must have such systems certified by the Gerald Grinnell, Industry Analysis Staff, becoming a commercial market for U.S. Secretary of Agriculture as being in GIPSA, USDA, STOP 3647, 1400 agricultural commodities. compliance with the Act. GIPSA has Independence Avenue SW., CCC will notify interested parties as been delegated responsibility for Washington, DC 20250–3647 or FAX to whether it determines that the certifying such systems. The 202–690–1266, telephone: 202 720– submission describes a desirable information collection being submitted 7455. agricultural market development plan for extension is used by GIPSA to All responses to this notice will be and, if so, work with the organization to determine whether a State’s central summarized and included in the request develop a final plan. After CCC approval filing system can be certified. Nineteen for OMB approval. All comments will of a final agricultural market States currently have certified central also become a matter of public record. development plan, CCC will develop filing systems. and implement a Title I, Pub. L. 480 Title: ‘‘Clear Title’’ Regulations to Done at Washington, DC this 25th day of November 1997. agreement with the participant implement section 1324 of the Food designated in the plan. The Title I, Pub. Security Act of 1985. James R. Baker, L. 480 agreement will incorporate a OMB Number: 0580–0016. Administrator. requirement to use local currency Expiration Date of Approval: March [FR Doc. 97–31565 Filed 12–1–97; 8:45 am] proceeds to implement the plan. 31, 1998. BILLING CODE 3410±EN±P 63696 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

DEPARTMENT OF AGRICULTURE beans or by contacting the Audiovisual, regulations of the U.S. Commission on Regulatory and Training Staff, GIPSA, Civil Rights, that a meeting of the Grain Inspection, Packers and USDA, STOP 3649, 1400 Independence Virginia Advisory Committee to the Stockyards Administration Avenue, SW., Washington, DC 20250– Commission will convene at 12:00 p.m. 3649; telephone (202) 720–1734; FAX and adjourn at 4:00 p.m. on Wednesday, United States Standards for Whole Dry (202) 720–4628. December 17, 1997, at the Library of Peas, Split Peas, and Lentils Authority: 7 U.S.C. 1621 et seq. Virginia, 800 East Broad Street, Richmond, Virginia 23221. The purpose AGENCY: Grain Inspection, Packers and Dated: November 25, 1997. Stockyards Administration, USDA. of the meeting is (1) to welcome new James R. Baker, members and returning members; (2) ACTION: Notice. Administrator. present an administrative orientation [FR Doc. 97–31564 Filed 12–1–97; 8:45 am] The Grain Inspection, Packers and and report on the status of the Stockyards Administration (GIPSA) is BILLING CODE 3410±EN±P Commission and its State Advisory revising the voluntary United States Committees; and (3) discuss a draft Standards for Whole Dry Peas, Split report of its project, ‘‘The Treatment of Peas, and Lentils by eliminating the COMMISSION ON CIVIL RIGHTS Blacks on the Peninsula.’’ classes Persian and Mixed lentils and Persons desiring additional Agenda and Notice of Public Meeting establishing a new class, Miscellaneous information, or planning a presentation of the Rhode Island Advisory peas, and a new grading factor for to the Committee, should contact Committee lentils, Inconspicuous Admixture. Committee Chairperson Roger A. GIPSA is changing these standards to Galvin, 703–838–0083, or Ki-Taek Notice is hereby given, pursuant to Chun, Director of the Eastern Regional facilitate the marketing of peas and the provisions of the rules and lentils. Office, 202–376–7533 (TDD 202–376– regulations of the U.S. Commission on 8116). Hearing-impaired persons who Section 203(c) of the Agricultural Civil Rights, that a meeting of the Rhode Marketing Act of 1946, as amended, will attend the meeting and require the Island Advisory Committee to the services of a sign language interpreter directs and authorizes the Secretary of Commission will convene at 9:00 a.m. Agriculture ‘‘to develop and improve should contact the Regional Office at and adjourn at 12:30 p.m. on least ten (10) working days before the standards of quality, condition, Wednesday, December 17, 1997, at the quantity, grade, and packaging and scheduled date of the meeting. Providence Marriott Hotel, One Orms The meeting will be conducted recommend and demonstrate such Street, Providence, Rhode Island 02096. pursuant to the provisions of the rules standards in order to encourage The purpose of the meeting is for the and regulations of the Commission. uniformity and consistency in Committee to plan for a future briefing commercial practices. .. .’’ The Grain on the project concept, ‘‘An Dated at Washington, DC, November 19, 1997. Inspection, Packers and Stockyards Examination of the Impact of the Administration (GIPSA) is committed to Personal Responsibility and Work Carol-Lee Hurley, carrying out this authority in a manner Opportunity Reconciliation Act of 1996 Chief, Regional Programs Coordination Unit. that facilitates the marketing of on Legal Immigrants in Rhode Island.’’ [FR Doc. 97–31476 Filed 12–1–97; 8:45 am] agricultural commodities and makes Persons desiring additional BILLING CODE 6335±01±P copies of official standards available information, or planning a presentation upon request. to the Committee, should contact The Grain Inspection, Packers and Committee Chairperson Robert Lee, DEPARTMENT OF COMMERCE Stockyards Administration (GIPSA) 401–863–1693, or Ki-Taek Chun, published a notice in the Federal Director of the Eastern Regional Office, International Trade Administration Register on August 15, 1997 (62 FR 202–376–7533 (TDD 202–376–8116). Export Trade Certificate of Reveiw 43695), that it was proposing to Hearing-impaired persons who will eliminate the classes Persian and Mixed attend the meeting and require the ACTION: Notice of Application to Amend lentils, and to establish a new class, services of a sign language interpreter Certificate. Miscellaneous peas, and a new grading should contact the Regional Office at SUMMARY: factor for lentils, Inconspicuous least ten (10) working days before the The Office of Export Trading Admixture. scheduled date of the meeting. Company Affairs (‘‘OETCA’’), GIPSA received no comments in The meeting will be conducted International Trade Administration, response to that notice. pursuant to the provisions of the rules Department of Commerce, has received Since these changes to the standards and regulations of the Commission. an application to amend an Export were recommended and reviewed by the Trade Certificate of Review. This notice Dated at Washington, DC, November 19, summarizes the proposed amendment affected trade and are consistent with 1997. current practices in the trade, they will and requests comments relevant to Carol-Lee Hurley, become effective on August 1, 1998, the whether the amended Certificate should beginning of the next marketing season. Chief, Regional Programs Coordination Unit. be issued. The United States Standards for [FR Doc. 97–31477 Filed 12–1–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: Whole Dry Peas, Split Peas, and Lentils BILLING CODE 6335±01±P Morton Schnabel, Acting Director, do not appear in the Code of Federal Office of Export Trading Company Regulations but are maintained by the Affairs, International Trade U.S. Department of Agriculture. The COMMISSION ON CIVIL RIGHTS Administration, (202) 482–5131. This is not a toll-free number. revised United States Standards for Agenda and Notice of Public Meeting Whole Dry Peas, Split Peas, and Lentils of the Virginia Advisory Committee SUPPLEMENTARY INFORMATION: Title III of are available either by accessing the Export Trading Company Act of GIPSA’s Home Page on the Internet at: Notice is hereby given, pursuant to 1982 (15 U.S.C. 4001–21) authorizes the www.usda.gov/gipsa/strulreg/standard/ the provisions of the rules and Secretary of Commerce to issue Export Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63697

Trade Certificates of Review. A 1. Add the following company as a gray and harbor seals in the Certificate of Review protects the holder new ‘‘Member’’ of the Certificate within northeastern U.S. and Canadian waters and the members identified in the the meaning of Section 325.2(1) of the over a five-year period. The research Certificate from state and federal Regulations (15 CFR 325.2(1)): activities include: vessel surveys, aerial government antitrust actions and from Conservatek Industries, Inc. of Conroe, surveys and photogrammetry, photo- private, treble damage antitrust actions Texas; identification studies, and the collection for the export conduct specified in the 2. Delete ABB Kent Meters, Inc. of of biopsies. The research also includes Certificate and carried out in Ocala, Florida and Galaxy import and export of cetacean tissue compliance with its terms and Environmental Corporation of samples taken via projectile dart for conditions. Section 302(b)(1) of the Act Warminster, Pennsylvania as Members genetic analyses. The requested and 15 CFR 325.6(a) require the of the Certificate; and amendment has been granted under the Secretary to publish a notice in the 3. Change the listing of the company authority of the Marine Mammal Federal Register identifying the name for the current Member ‘‘Capital Protection Act of 1972, as amended (16 applicant and summarizing its proposed Controls Co., Inc.’’ to the new listing U.S.C. 1361 et seq.), the provisions of export conduct. ‘‘The Capital Controls Group’’. § 216.39 of the Regulations Governing the Taking and Importing of Marine Request for Public Comments Dated: November 26, 1997. Morton Schnabel, Mammals (50 CFR part 216), the Interested parties may submit written Endangered Species Act of 1973, as comments relevant to the determination Acting Director, Office of Export Trading Company Affairs. amended (ESA; 16 U.S.C. 1531 et seq.), whether an amended Certificate should and the provisions of § 222.25 of the [FR Doc. 97–31543 Filed 12–1–97; 8:45 am] be issued. If the comments include any regulations governing the taking, privileged or confidential business BILLING CODE 3510±DR±P importing, and exporting of endangered information, it must be clearly marked fish and wildlife (50 CFR 222.23). and a nonconfidential version of the DEPARTMENT OF COMMERCE The permit was amended to authorize comments (identified as such) should be the increased number of biopsy samples included. Any comments not marked National Oceanic and Atmospheric to be collected from 25 to 50 annually privileged or confidential business Administration from humpback whales, and 25 to 100 information will be deemed to be annually from common dolphins [I.D. # 112497C] nonconfidential. An original and five (Delphinus delphis), Atlantic white- copies, plus two copies of the Marine Mammals; Permit No. 917 sided dolphins (Lagenorhynchus nonconfidential version, should be (P774#2) acutus), bottlenose dolphins (offshore submitted no later than 20 days after the stock, Tursiops truncatus), and striped date of this notice to: Office of Export AGENCY: National Marine Fisheries dolphins (Stenella coeruleoalba). Trading Company Affairs, International Service (NMFS), National Oceanic and Issuance of this amendment, as Trade Administration, Department of Atmospheric Administration (NOAA), required by the ESA was based on a Commerce, Room 1800H, Washington, Commerce. finding that such permit: (1) Was D.C. 20230. Information submitted by ACTION: Scientific research permit applied for in good faith; (2) will not any person is exempt from disclosure amendment. operate to the disadvantage of the under the Freedom of Information Act endangered species which is the subject (5 U.S.C. 552). However, SUMMARY: Notice is hereby given that a of this permit; and (3) is consistent with nonconfidential versions of the request for amendment of scientific the purposes and policies set forth in comments will be made available to the research permit no. 917 submitted by section 2 of the ESA. applicant if necessary for determining The Northeast Fisheries Science Center, whether or not to issue the certificate. National Marine Fisheries Service, 166 Dated: November 24, 1997. Comments should refer to this Water Street, Woods Hole, MA 02543– Ann D. Terbush, Chief, application as ‘‘Export Trade Certificate 1097, has been granted. Permits and Documentation Division, Office of Protected Resources, National Marine of Review, application number 95– ADDRESSES: The amendment and related Fisheries Service. 2A006.’’ documents are available for review [FR Doc. 97–31581 Filed 12–1–97; 8:45 am] The Water and Wastewater upon written request or by appointment Equipment Manufacturers Association in the following office(s): BILLING CODE 3510±22±F (‘‘WWEMA’’) original Certificate was Permits and Documentation Division, issued on June 21, 1996 (61 FR 36708, Office of Protected Resources, NMFS, July 12, 1996), and previously amended 1315 East-West Highway, Room 13130, COMMODITY FUTURES TRADING on May 20, 1997 (62 FR 29104). A Silver Spring, MD 20910 (301/713– COMMISSION summary of the application for an 2289); and amendment follows. Regional Administrator, Northeast Sunshine Act Meeting Summary of the Application Region, One Blackburn Drive, Gloucester, MA 01930–2298 (508/281– AGENCY HOLDING THE MEETING: Applicant: Water and Wastewater 9250). Commodity Futures Trading Equipment Manufacturers Association Commission. (‘‘WWEMA’’), 101 E. Holly Avenue, SUPPLEMENTARY INFORMATION: On Suite 14, Sterling, Virginia 22170. September 17, 1997, notice was TIME AND DATE: 2:00 p.m., Monday, Contact: Randolph J. Stayin, Partner. published in the Federal Register (62 December 22, 1997. FR 48822) that an amendment of permit Telephone: (202) 289–1313. PLACE: 1155 21st St., NW., Washington, Application No.: 95–2A006. no. 917, issued May 12, 1994 (59 FR DC, 9th Floor Conference Room. Date Deemed Submitted: November 25892), had been requested by the 26, 1997. above-named organization. The original STATUS: Closed. Proposed Amendment: WWEMA permit authorized a number of studies MATTERS TO BE CONSIDERED: seeks to amend its Certificate to: on several cetacean species as well as Adjudicatory Matters. 63698 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

CONTACT PERSON FOR MORE INFORMATION: STATUS: Closed. TIME AND DATE: 2:00 p.m., Monday, Jean A. Webb, 202–418–5100. MATTERS TO BE CONSIDERED: Surveillance December 8, 1997. Jean A. Webb, Matters. PLACE: 1155 21st St., N.W., Washington, Secretary of the Commission. CONTACT PERSON FOR MORE INFORMATION: D.C., 9th Floor Conference Room. [FR Doc.97–31687 Filed 11–28–97;11:24 am] Jean A. Webb, 202–418–5100. STATUS: Closed. BILLING CODE 6351±01±M Jean A. Webb, MATTERS TO BE CONSIDERED: Secretary of the Commission. Adjudicatory Matters. [FR Doc.97–31690 Filed 11–28–97;11:42 am] COMMODITY FUTURES TRADING CONTACT PERSON FOR MORE INFORMATION: COMMISSION BILLING CODE 6351±01±M Jean A. Webb, 202–418–5100. Jean A. Webb, Sunshine Act Meeting COMMODITY FUTURES TRADING Secretary of the Commission. AGENCY HOLDING THE MEETING: COMMISSION [FR Doc.97–31693 Filed 11–28–97;11:42 am] Commodity Futures Trading BILLING CODE 6351±01±M Commission. Sunshine Act Meeting TIME AND DATE: 2:00 p.m., Wednesday, AGENCY HOLDING THE MEETING: December 17, 1997. COMMODITY FUTURES TRADING Commodity Futures Trading COMMISSION PLACE: 1155 21st St., N.W., Washington, Commission. D.C., 9th Floor Conference Room. TIME AND DATE: 11:00 a.m., Friday, Sunshine Act Meeting STATUS: Closed. December 5, 1997. AGENCY HOLDING THE MEETING: MATTERS TO BE CONSIDERED: PLACE: 1155 21st St., N.W., Washington, Enforcement Matters. Commodity Futures Trading D.C., 9th Floor Conference Room. Commission. CONTACT PERSON FOR MORE INFORMATION: STATUS: Closed. Jean A. Webb, 202–418–5100. TIME AND DATE: 3:00 p.m., Tuesday, MATTERS TO BE CONSIDERED: Jean A. Webb, Surveillance December 16, 1997. Matters. Secretary of the Commission. PLACE: 1155 21st St., N.W., Washington, [FR Doc.97–31688 Filed 11–28–97;11:42 am] CONTACT PERSON FOR MORE INFORMATION: D.C., Lobby Level Hearing Room. Jean A. Webb, 202–418–5100. BILLING CODE 6351±01±M STATUS: Open. Jean A. Webb, MATTERS TO BE CONSIDERED: Oral Secretary of the Commission. Presentation by the Chicago Mercantile COMMODITY FUTURES TRADING [FR Doc. 97–31691 Filed 11–28–97; 8:45 am] Exchange on the petition for exemptions COMMISSION BILLING CODE 6351±01±M for the dual trading prohibition. Sunshine Act Meeting CONTACT PERSON FOR MORE INFORMATION: COMMODITY FUTURES TRADING Jean A. Webb, 202–418–5100. AGENCY HOLDING THE MEETING: COMMISSION Jean A. Webb, Commodity Futures Trading Commission. Secretary of the Commission. Sunshine Act Meeting [FR Doc.97–31694 Filed 11–28–97;11:42 am] TIME AND DATE: 11:00 a.m., Friday, December 19, 1997. AGENCY HOLDING THE MEETING: BILLING CODE 6351±01±M PLACE: 1155 21st St., N.W., Washington, Commodity Futures Trading Commission. D.C., 9th Floor Conference Room. COMMODITY FUTURES TRADING STATUS: Closed. TIME AND DATE: 2:00 p.m., Monday, COMMISSION December 15, 1997. MATTERS TO BE CONSIDERED: Surveillance Sunshine Act Meeting Matters. PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference Room. CONTACT PERSON FOR MORE INFORMATION: AGENCY HOLDING THE MEETING: Jean A. Webb, 202–418–5100. STATUS: Closed. Commodity Futures Trading Jean A. Webb, MATTERS TO BE CONSIDERED: Commission. Secretary of the Commission. Adjudicatory Matters. TIME AND DATE: 2:00 p.m., Thursday, [FR Doc.97–31689 Filed 11–28–97;11:42 am] CONTACT PERSON FOR MORE INFORMATION: December 18, 1997. BILLING CODE 6351±01±M Jean A. Webb, 202–418–5100. PLACE: 1155 21st St., N.W., Washington, Jean A. Webb, D.C., Lobby Level Hearing Room. Secretary of the Commission. COMMODITY FUTURES TRADING STATUS: Open. [FR Doc.97–31692 Filed 11–28–97;11:42 am] COMMISSION MATTERS TO BE CONSIDERED: Oral BILLING CODE 6351±01±M Presentation by the Chicago Board of Sunshine Act Meeting Trade on the petition for exemptions AGENCY HOLDING THE MEETING: COMMODITY FUTURES TRADING from the dual trading prohibition. Commodity Futures Trading COMMISSION CONTACT PERSON FOR MORE INFORMATION: Commission. Jean A. Webb, 202–418–5100. Sunshine Act Meeting TIME AND DATE: 11:00 a.m., Friday, Jean A. Webb, December 12, 1997. AGENCY HOLDING THE MEETING: Secretary of the Commission. PLACE: 1155 21st St., N.W., Washington, Commodity Futures Trading [FR Doc.97–31695 Filed 11–28–97;11:42 am] D.C., 9th Floor Conference Room. Commission. BILLING CODE 6351±01±M Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63699

CONSUMER PRODUCT SAFETY C. Commission Finding Individuals who use a COMMISSION The Commission finds that the public telecommunications device for the deaf health and safety requires less notice (TDD) may call the Federal Information Commission Finding That Shortens than the periods of time specified in Relay Service (FIRS) at 1–800–877–8339 Periods for Issuing News Release on section 6(b) of the Consumer Product between 8 a.m. and 8 p.m., Eastern time, Cadet Heaters Safety Act. The Cadet heaters, which Monday through Friday. SUPPLEMENTARY INFORMATION: AGENCY: Consumer Product Safety present to the public the serious risks of Section Commission. burns, smoke inhalation, and 3506 of the Paperwork Reduction Act of electrocution, should not be used until 1995 (44 U.S.C. Chapter 35) requires ACTION: Notice. they are properly and adequately that the Office of Management and Budget (OMB) provide interested SUMMARY: The Commission finds that repaired. The onset of cold weather in certain heaters made by Cadet present a most of the country underscores the Federal agencies and the public an early potential hazard to consumers and that, urgency of informing consumers of the opportunity to comment on information to protect the public health and safety, risks inherent in the use of these collection requests. OMB may amend or the customary manufacturer comment particular heaters. Therefore, the waive the requirement for public and notification periods preceding Commission authorizes issuance of a consultation to the extent that public public release of certain information news release 24 hours after Cadet has participation in the approval process shall be shortened. been provided an opportunity to would defeat the purpose of the comment on it, and an additional 24 information collection, violate State or FOR FURTHER INFORMATION CONTACT: hours after Cadet has been notified that Federal law, or substantially interfere Renae Rauchschwalbe, Division of the Commission intends to issue the with any agency’s ability to perform its Corrective Actions, Office of release over Cadet’s accuracy objections statutory obligations. The Deputy Chief Compliance, Consumer Product Safety (if Cadet submits comments and if the Information Officer, Office of the Chief Commission, Washington, DC 20207; Commission, after evaluating the Information Officer, publishes this telephone: (301) 504–0608 ext. 1362. comments, decides to issue the release). notice containing proposed information SUPPLEMENTARY INFORMATION: collection requests prior to submission Dated: November 25, 1997. of these requests to OMB. Each A. Background Sadye E. Dunn, proposed information collection, In October 1997, the Consumer Secretary of the Commission. grouped by office, contains the Product Safety Commission and Cadet [FR Doc. 97–31500 Filed 11–26–97; 9:12 am] following: (1) Type of review requested, Manufacturing Company, Inc. issued a BILLING CODE 6355±01±M e.g., new, revision, extension, existing joint news release about the recall and or reinstatement; (2) Title; (3) Summary retrofit of certain hazardous heaters. of the collection; (4) Description of the However, Cadet is not conducting the DEPARTMENT OF EDUCATION need for, and proposed use of, the corrective action described in the news information; (5) Respondents and release. Therefore, the Commission has Submission for OMB Review; frequency of collection; and (6) issued its own news release to inform Comment Request Reporting and/or Recordkeeping consumers about the situation. burden. OMB invites public comment at AGENCY: Department of Education. the address specified above. Copies of B. Statutory and Regulatory Provisions ACTION: Submission for OMB review; the requests are available from Patrick J. Under section 6(b)(1) of the Consumer comment request. Sherrill at the address specified above. Product Safety Act (CPSA), 15 U.S.C. SUMMARY: The Deputy Chief Information Dated: November 25, 1997. 2055(b)(1), the Commission must Officer, Office of the Chief Information Gloria Parker, provide manufacturers or private Officer, invites comments on the Deputy Chief Information Officer, Office of labelers with at least 30 days advance submission for OMB review as required the Chief Information Officer. notice before disseminating information by the Paperwork Reduction Act of that identifies the manufacturer’s Office of Educational Research and 1995. product. In addition, section 6(b)(2) of Improvement DATES: Interested persons are invited to the CPSA, 15 U.S.C. 2055(b)(2), requires Type of Review: REINSTATEMENT. at least 10 days additional notice if the submit comments on or before January 2, 1998. Title: 1999 National Study of manufacturer or private labeler claims Postsecondary Faculty (NSOPF—99): that the information to be released is ADDRESSES: Written comments should Faculty Questionnaire. inaccurate. However, the Commission be addressed to the Office of Frequency: One Time. may provide lesser periods of notice, in Information and Regulatory Affairs, Affected Public: Individuals or both cases, if ‘‘the Commission finds Attention: Dan Chenok, Desk Officer, households. that the public health and safety Department of Education, Office of Reporting Burden and Recordkeeping: requires a lesser period of notice.’’ Management and Budget, 725 17th Responses: 500. Under the CPSA and the Street, NW., Room 10235, New Burden Hours: 391. Commission’s regulations, the Executive Office Building, Washington, Abstract: The third cycle of the Commission must publish its ‘‘public DC 20503. Requests for copies of the NSOPF is being conducted in response health and safety’’ findings in the proposed information collection to a continuing need for data on faculty Federal Register. 16 CFR §§ 1101.23 (b) requests should be addressed to Patrick and instructors. The study will provide and (c) and 1101.25 (b) and (c). J. Sherrill, Department of Education, 600 information about faculty in Disclosure of the information in the Independence Avenue, S.W., Room postsecondary institutions which is key news release may be made concurrently 5624, Regional Office Building 3, to learning about the quality of with the filing of the Federal Register Washington, DC 20202–4651. education and research in these notice, and need not await its FOR FURTHER INFORMATION CONTACT: institutions. This study will expand the publication. Patrick J. Sherrill (202) 708–8196. information about faculty and 63700 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices instructional staff in two ways— used by the U.S. geothermal industry to Centers, but only as lower tier allowing comparisons to be made over solve technical problems. participants with funding for their time and examining critical issues Comments regarding the draft expected costs provided through their surrounding faculty that have developed solicitation are welcome from potential existing arrangements with the since the first two studies. This developers, owners and operators of Government. clearance request covers field test and geothermal facilities, including utilities, THE PURPOSE OF THIS NOTICE IS full scale activities for the second phase as well as from manufacturers, TO SOLICIT COMMENTS FOR of the study—collection of information universities, and other non-industry INCLUSION IN THE FINAL ISSUANCE from a nationally representative sample groups. OF THE SOLICITATION. PLEASE DO of faculty and instructional staff at DATES: Comments to the draft NOT SEND APPLICATIONS AT THIS postsecondary institutions. This solicitation should be sent to the point TIME. information, together with information of contact shown below by January 8, Issued in Idaho Falls, ID, November 24, collected in the first phase of the study 1998. A copy of the draft solicitation in 1997. (1850–0665) on the institutions its full text can be found at the B.G. Bauer, themselves, will provide a source of following internet address: http:// Acting Director, Procurement Services descriptive, analytical, trend and policy www.inel.gov/doeid/solicit.html under Division. relevant research on the way Current Solicitations. [FR Doc. 97–31555 Filed 12–1–97; 8:45 am] postsecondary education functions. ADDRESSES: Comments regarding the BILLING CODE 6450±01±P Office of the Under Secretary draft solicitation or requests to be placed on the final solicitation mailing Type of Review: NEW. list shall be submitted in writing to: Ms. DEPARTMENT OF ENERGY Title: Guidance for Reporting on Peggy Brookshier, U.S. Department of Waivers Granted by the U.S. Department Energy, Idaho Operations Office, 850 Notice of Revised Draft Request for of Education. Energy Drive, Mail Stop 1220, Idaho Proposals for Waste Acceptance and Frequency: Annually. Falls, Idaho 83401–1563, e-mail: Transportation Services Affected Public: State, local or Tribal [email protected], Tele: (208) 526– AGENCY: Office of Civilian Radioactive Gov’t, SEAs or LEAs. 1403, Fax: (208) 526–5964. Annual Reporting and Recordkeeping Waste Management, U.S. Department of It is the agency preference that all Energy. Hour Burden: submitted comments be received by e- ACTION: Responses: 20. mail. All written comment responses Request for Comments on a Burden Hours: 100. must include name, title, organization, Revised Draft Request for Proposals. Abstract: The Department is required address, phone number, fax number, e- SUMMARY: The Office of Civilian by statute to collect reports from state mail address. education agencies on the uses of Radioactive Waste Management A Federal Register notice soliciting (OCRWM) is responsible under the waivers in their states. The purpose of applications will be published at a later this guidance is to assist states in Nuclear Waste Policy Act of 1982, as date upon issuance of the final amended (NWPA), for accepting and meeting the statutory requirements. solicitation. Information from this collection will be transporting spent nuclear fuel (SNF) FOR FURTHER INFORMATION CONTACT: used to monitor the progress of waiver from commercial nuclear reactor sites to Michael K. Barrett, Contracting Officer recipients in improving teaching and a federal facility for storage or disposal. at (208) 526–5743 or Peggy Brookshier, learning and to inform the Department’s The Standard Contract for Disposal of Program Manager at (208) 526–1403; annual report to Congress on waivers. Spent Nuclear Fuel and/or High-Level U.S. Department of Energy, Idaho Radioactive Waste (10 CFR part 961) [FR Doc. 97–31495 Filed 12–1–97; 8:45 am] Operations Office, 850 Energy Drive, details the arrangements between the BILLING CODE 4000±01±P Mail Stop 1221, Idaho Falls, Idaho Department of Energy (DOE) and the 83401–1563. owners and generators of SNF SUPPLEMENTARY INFORMATION: The (Purchasers) for the Department to DEPARTMENT OF ENERGY solicitation will be issued pursuant to accept the SNF at the Purchasers’ sites Idaho Operations Office; Notice of 10 CFR 600.6(a) with no eligibility for transport to a federal facility. Section Intent To Solicit Comments for restrictions. The statutory authority for 137(a)(2) of the NWPA requires the Financial Assistance Awards the issuance of this solicitation is Pub. utilization of private industry to the L. 93–410, the Geothermal Energy ‘‘fullest extent possible’’ in the AGENCY: Department of Energy. Research, Development & transportation of SNF. ACTION: Notice of intent to solicit Demonstration Act of 1974. The catalog OCRWM anticipates seeking comments for financial assistance of Federal Domestic Assistance Number competitive proposals for commercial awards. for this program is 81.087. SNF acceptance and transportation This notice is also intended to services, including the provision of SUMMARY: The U.S. Department of promote the formation of industry storage equipment, in accordance with Energy’s Office of Geothermal partnerships, to stimulate interaction the final version of this revised draft Technologies, Advanced Drilling among potential participants, and to Request for Proposals (RFP). In May Systems Research Program, via the encourage organizations to investigate 1996, OCRWM published in the Federal Idaho Operations Office (DOE–ID), is creative solutions. Funding for phase I Register (61 FR 26508) and the soliciting comments on its draft will be available to support several Commerce Business Daily, a Request for solicitation for cost-shared cooperative awards for a period of approximately six Expression of Interest and Comments on agreements, industry-government to twelve months. Funding for phase II a previous draft Statement of Work for Research & Development projects to will be available to support one or more these services. In July 1996, comments develop advanced drilling technologies awards, for a period of 12–24 months. were received from interested parties at and transfer the results to industry. Applications may include Federally a presolicitation conference. In These new developments can then be Funded Research and Development December 1996, OCRWM issued a draft Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63701

RFP that requested comments on all any information that they consider to be DEPARTMENT OF ENERGY aspects of its proposed contracting privileged or confidential or which the approach embodied in that draft respondent does not want disclosed to Federal Energy Regulatory document. In February 1997, OCRWM the public. DOE does not intend to Commission held another presolicitation conference respond to comments, either to [Docket No. CP98±80±000] to receive additional comments and individual commentors or by questions on the first draft RFP. The publication of a formal Notice. Several NorAm Gas Transmission Company, draft RFP has been extensively revised RFP reference documents have been Notice of Request Under Blanket to reflect the public review and placed in the DOE Forrestal Building Authorization comments received as a result of these Public Reading Room that are listed in activities. Comments and suggestions November 20, 1997. the revised draft RFP. Also, copies of all Take notice that on November 14, included input from industry, utilities, comments received as a result of this and other interested parties. 1997, NorAm Gas Transmission notice will be placed in the DOE Public DOE is seeking further comments on Company (NorAm), 1600 Smith Street, all aspects of the proposed contracting Reading Room at the end of the Houston, Texas 77002, filed in Docket approach embodied in this revised draft comment period, as were copies of No. CP98–80–000 a request pursuant to RFP to use the innovative powers of the previous comments received on the Section 157.205 of the Commission’s marketplace for meeting DOE’s mission December 1996 draft RFP. Each Regulations under the Natural Gas Act objectives. submittal should consist of one original (18 CFR 157.205) to abandon and DATES: Comments in response to this and three photocopies. construct certain facilities in Union Notice should be received by the This Notice should not be construed County, Arkansas, under NorAm’s Department no later than February 13, as: (1) a commitment by the Department blanket certificates issued in Docket 1998. to enter into any agreement with any Nos. CP82–384–000 and CP82–384–001 ADDRESSES: Written comments should entity submitting comments in response pursuant to Section 7 of the Natural Gas be sent to: Contracting Officer, U.S. to this Notice, (2) a commitment to issue Act, all as more fully set forth in the Department of Energy, 1000 any RFP concerning the subject of this request which is on file with the Commission and open to public Independence Avenue, SW, Attn: HR– Notice, or (3) an RFP. inspection. 542, Draft RFP Number DE–RP01– DOE anticipates that the revised draft 98RW00320, Washington, DC 20585. NorAm states that it would abandon RFP will be available on the internet 6,647 ft. of 2-inch plastic pipe on Line FOR FURTHER INFORMATION CONTACT: within two weeks of the date of this HM–2, 7,401 ft. of 2 to 8-inch coupled Contracting Officer (DOE HR–542), (202) Notice on the ‘‘Current Business steel pipe on Line HM–1 and three 426–0067 or (202) 426–0076, (fax) 202– Opportunities at Headquarters inactive delivery taps. NorAm states 426–0168. Procurement Operations’’ Home Page further that it would reconfigure its SUPPLEMENTARY INFORMATION: located at address http:// delivery facilities to Arkla at Comments www.pr.doe.gov./solicit.html. It will Smackover, Arkansas and abandon also be available on the OCRWM Home deteriorated and unreliable facilities. OCRWM is interested in receiving Page, Waste Acceptance, Storage and NorAm indicates that the estimated comments relating to this revised draft Transportation Section, located at cost of the facilities to be abandoned is RFP, especially with regard to the http://www.rw.doe.gov/. Interested $49,721 and the estimated cost of the following areas: parties that do not have the electronic new facilities to relocate the delivery 1. Contracting refinements concerning meter is $59,513. financing and business aspects, as in capability to download the revised draft RFP may submit a written request to the No service, it is said, would be structuring the procurement to provide abandoned as a result of the proposal. sufficient financial incentive and Contracting Officer at the address listed above. Offerors who have previously Any person or the Commission’s staff appropriate risk balancing mechanisms may, within 45 days after issuance of submitted written comments on the between DOE and contractors in order the instant notice by the Commission, December 1996 draft RFP or placed their for industry to provide efficient waste file pursuant to Rule 214 of the acceptance and transportation services. names on the mailing list at the Commission’s Procedural Rules (18 CFR 2. Mitigation of delays which may OCRWM Spent Nuclear Fuel 385.214) a motion to intervene or notice occur during Phase C that are beyond Transportation Workshop held on of intervention and pursuant to Section the control of the contractor and/or the August 12–13, 1997, in Reston, Virginia, 157.205 of the Regulations under the Department. will be mailed a copy of the revised Natural Gas Act (18 CFR 157.205) a 3. Technical details associated with draft RFP. protest to the request. If no protest is the logistics of waste acceptance and Issued in Washington, DC, on November filed within the time allowed therefor, transportation services. the proposed activity shall be deemed to 4. Potential extensions of the contract 24, 1997. Lake H. Barrett, be authorized effective the day after the durations of Phase A and Phase B for up time allowed for filing a protest. If a Acting Director, Office of Civilian Radioactive to one year each. protest is filed and not withdrawn 5. Mechanisms and refinements for Waste Management. within 30 days after the time allowed economic price adjustments over the [FR Doc. 97–31554 Filed 12–1–97; 8:45 am] for filing a protest, the instant request duration of the contract period. BILLING CODE 6450±01±P shall be treated as an application for 6. Any other areas, terms or authorization pursuant to Section 7 of conditions that DOE should consider in the Natural Gas Act. formulating this acquisition. DOE will consider and may utilize all Lois D. Cashell, information, recommendations, and Secretary. suggestions provided in response to this [FR Doc. 97–31482 Filed 12–1–97; 8:45 am] Notice. Respondents should not provide BILLING CODE 6717±01±M 63702 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

DEPARTMENT OF ENERGY A person obtaining intervenor status DEPARTMENT OF ENERGY will be placed on the service list Federal Energy Regulatory maintained by the Secretary of the Federal Energy Regulatory Commission Commission and will receive copies of Commission [Docket No. CP98±95±000] all documents filed by the applicant and [Project No. 1982±017] by every one of the intervenors. An NorAm Gas Transmission Company; intervenor can file for rehearing of any Northern States Power Company; Notice of Application Commission order and can petition for Notice of Meeting to Discuss a court review of any such order. Settlement Process for Relicensing November 25, 1997. However, an intervenor must submit Northern States Power Company's Take notice that on November 19, copies of comments or any other filings Lower Chippewa River Hydroelectric 1997, NorAm Gas Transmission it makes with the Commission to every Projects Company (NorAm), 1600 Smith Street, other intervenor in the proceeding, as Houston, Texas, 77002, pursuant to well as an original and 14 copies with November 25, 1997. Section 7(c) of the Natural Gas Act the Commission. On December 3, at 1:00 p.m. Central (NGA), filed an application with the A person does not have to intervene, Standard Time, Commission staff from Commission in Docket No. CP98–95– however, in order to have comments the Office of Hydropower Licensing will 000 for a certificate of public considered. A person, instead, may attend a meeting for the proposed convenience and necessity to upgrade submit two copies of comments to the relicensing of the Holcombe and operate a compressor facility, Secretary of the Commission. Hydroelectric Project and Northern located on NorAm’s Line J, at its design Commenters will be placed on the States Power Company’s other lower horsepower level, in order to create Commission’s environmental mailing Chippewa River hydroelectric projects. additional capacity on Line J, all as list, will receive copies of The meeting will be held at Northern more fully set forth in the application environmental documents and will be States Power Company’s Western which is on file with the Commission able to participate in meetings Avenue Service Center, located at 1400 and open to the public for inspection. associated with the Commission’s Western Avenue in Eau Claire, WI. Specifically, NorAm proposes to environmental review process. The purpose of this meeting is to operate the Solar Centaur T–4700 Commenters will not be required to discuss a settlement process and to turbine unit, which was recently serve copies of filed documents on all organize a negotiation team. installed at NorAm’s existing Round other parties. However, commenters For further information, please Mountain Compressor Station located will not receive copies of all documents contact Mark Pawlowski at (202) 219– on Line J in Conway County, Arkansas, filed by other parties or issued by the 2795, or Lloyd Everhart at 715–839– at its design capacity rather than the Commission and will not have the right 2692. 4,000 horsepower at which it is to seek rehearing or appeal the Linwood A. Watson, Jr., currently operating.1 NorAm states that Commission’s final order to a federal Acting Secretary. the upgrade compressor, when court. [FR Doc. 97–31484 Filed 12–1–97; 8:45 am] operating at its design capability, will The Commission will consider all BILLING CODE 6717±01±M create approximately 3,100 MMBtu per comments and concerns equally, day of additional capacity on Line J. whether filed by commenters or those Any person desiring to be heard or to requesting intervenor status. DEPARTMENT OF ENERGY make any protest with reference to said Take further notice that, pursuant to application should, on or before the authority contained in and subject to Federal Energy Regulatory December 16, 1997, file with the Federal the jurisdiction conferred upon the Commission Energy Regulatory Commission, 888 Federal Energy Regulatory Commission [Project No. 2000±010] First Street, N.E., Washington, D.C., by Sections 7 and 15 of the NGA and the 20426, a motion to intervene or a protest Commission’s Rules of Practice and Power Authority of the State of New in accordance with the requirements of Procedure, a hearing will be held York; Notice of 1998 Schedule of the Commission’s Rules of Practice and without further notice before the Meetings To Discuss Settlement for Procedure (18 CFR 385.211 and Commission or its designee on this Relicensing of the St. Lawrence±FDR 385.214) and the Regulations under the application if no motion to intervene is Power Project NGA (18 CFR 157.10). All protests filed filed within the time required herein, if November 25, 1997. with the Commission will be considered the Commission on its own review of The establishment of the Cooperative by it in determining the appropriate the matter finds that a grant of the Consultation Process (CCP) Team and action to be taken but will not serve to certificate is required by the public the Scoping Process for relicensing of make the protestants parties to the convenience and necessity. If a motion the St. Lawrence–FDR Power Project proceeding. The Commission’s rules for leave to intervene is timely filed, or was identified in the NOTICE OF require that protestors provide copies of if the Commission on its own motion MEMORANDUM OF their protests to the party or parties believes that a formal hearing is UNDERSTANDING, FORMATION OF directly involved. Any person wishing required, further notice of such hearing COOPERATIVE CONSULTATION to become a party to a proceeding or to will be duly given. PROCESS TEAM, AND INITIATION OF Under the procedure herein provided participate as a party in any hearing SCOPING PROCESS ASSOCIATED for, unless otherwise advised, it will be therein must file a motion to intervene WITH RELICENSING THE ST. unnecessary for NorAm to appear or be in accordance with the Commission’s LAWRENCE–FDR POWER PROJECT represented at the hearing. Rules. issued May 2, 1996, and found in the Linwood A. Watson, Jr., Federal Register dated May 8, 1996, 1 The original compressor was a T–4002 unit, and Acting Secretary. the operation of the new T–4700 compressor has Volume 61, No. 90, on page 20813. been limited to the design capability of the original [FR Doc. 97–31483 Filed 12–1–97; 8:45 am] The following is a list of the 1998 unit. BILLING CODE 6717±01±M schedule of meetings for the CCP Team Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63703 and Subcommittee to continue DEPARTMENT OF ENERGY Fifth Revised Sheet No. 126 settlement negotiations. The Fourth Revised Sheet No. 127 subcommittee will forward any tentative Federal Energy Regulatory Seventh Revised Sheet No. 128 Commission Fifth Revised Sheet No. 129 settlement agreements to the CCP Team First Revised Sheet No. 129A for discussion. The meetings will be [Docket No. RP97±344±000] Second Revised Sheet No. 130 conducted at the New York Power Second Revised Sheet No. 138 Authority’s (NYPA) Robert Moses Texas Gas Transmission Corporation; First Revised Sheet No. 139 Powerhouse, at 10:00 a.m., located in Notice of Informal Settlement Fourth Revised Sheet No. 140 Massena, New York. Conference First Revised Sheet No. 142 Third Revised Sheet No. 143 1. The CCP Team will meet: January November 25, 1997. Transwestern states that these tariff 30, 1998, April 21–22, 1998, May 28–29, Take notice that an informal 1998, and June 23–24, 1998. sheets are being filed to simplify and settlement conference will be convened shorten Transwestern’s form of Service 2. The Ecological Subcommittee will in this proceeding on Wednesday, Agreement under Rate Schedules FTS– meet: January 15–16, 1998, February 27, December 10, 1997, at 10:00 a.m. and 1 (including the Form D applicable to 1998, March 28, 1998, April 20, 1998, Thursday, December 11, 1997, at 10:00 capacity release) and ITS–1. and May 27, 1998. a.m., at the offices of the Federal Energy Transwestern states that copies of the Regulatory Commission, 888 First filing were served upon Transwestern’s 3. The Land Management and Street, NE., Washington, DC 20426, for Recreation Subcommittee will meet: customers and interested State the purposes of exploring the possible Commissions. January 28, 1998, February 26, 1998, settlement of the above-referenced and March 25, 1998. Any person desiring to be heard or to docket. protest said filing should file a motion 4. The Socioeconomic Subcommittee Any party, as defined by 18 CFR to intervene or protest with the Federal will meet: January 29, 1998, February 385.102(c), or any participant as defined Energy Regulatory Commission, 888 25, 1998, and March 24, 1998. in 18 CFR 385.102(b), is invited to First Street NE., Washington, DC 20426, If you would like more information attend. Persons wishing to become a in accordance with Sections 385.214 party must move to intervene and about the CCP Team and the relicensing and 385.211 of the Commission’s Rules receive intervenor status pursuant to the process, as well as the subcommittees, and Regulations. All such motions or Commission’s regulations (18 CFR protests must be filed in accordance please contact any one of the following 385.214). individuals: with Section 154.210 of the For additional information, please Commission’s Regulations. All protests Mr. Thomas R. Tatham, New York contact Kathleen M. Dias at (202) 208– will be considered by the Commission Power Authority, (212) 468–6747, 0524 or Michael D. Cotleur at (202) 208– in determining the appropriate action to (212) 468–6172 (fax), 1076. be taken in this proceeding, but will not [email protected] Linwood A. Watson, Jr., serve to make protestant a party to the Mr. Keith Silliman, New York State Acting Secretary. proceeding. Any person wishing to Dept. of Environmental Conservation, [FR Doc. 97–31481 Filed 12–1–97; 8:45 am] become a party must file a motion to (518) 457–0986, (518) 457–3978 (fax), BILLING CODE 6717±01±M intervene. Copies of this filing are on EMAIL:[email protected] file with the Commission and are available for inspection. Mr. Thomas Russo, Ms. Patti Leppert- DEPARTMENT OF ENERGY Linwood A. Watson, Jr., Slack, Federal Energy Regulatory Commission, (202) 219–2700 (Tom), Federal Energy Regulatory Acting Secretary. (202) 219–2767 (Patti), (202) 219– Commission [FR Doc. 97–31541 Filed 12–1–97; 8:45 am] BILLING CODE 6717±01±M 0205 (fax), EMAIL: [Docket No. RP98±55±000] Thomas.Russo@FERC. FED. US, EMAIL: Patricia.LeppertSlack@FERC. Transwestern Pipeline Company; FED. US Notice of Proposed Changes in FERC ENVIRONMENTAL PROTECTION Gas Tariff AGENCY Further information about the NYPA and the St. Lawrence-FDR Power Project November 24, 1997. [FRL±5930±9] can be obtained through the Internet at Take notice that on November 20, http://www.stl. nypa.gov/index.html. 1997, Transwestern Pipeline Company Agency Information Collection Information about the Federal Energy (Transwestern) submits for filing as part Activities Regulatory Commission can be obtained of its FERC Gas Tariff, Second Revised AGENCY: Environmental Protection at http://www. ferc.fed.us. Volume No. 1, the following tariff Agency (EPA). sheets, proposed to become effective on Linwood A. Watson, Jr., ACTION: Notice. Acting Secretary. December 20, 1997: [FR Doc. 97–31485 Filed 12–1–97; 8:45 am] Eighth Revised Sheet No. 1 SUMMARY: In compliance with the Fifth Revised Sheet No. 1A BILLING CODE 6717±01±M Paperwork Reduction Act (44 U.S.C. Third Revised Sheet No. 116 3501 et seq.), this notice announces that First Revised Sheet No. 116A EPA is planning to submit the following First Revised Sheet No. 116B proposed and/or continuing Information First Revised Sheet No. 116C Second Revised Sheet No. 117 Collection Requests (ICRs) to the Office First Revised Sheet No. 117A of Management and Budget (OMB). First Revised Sheet No. 117B Before submitting the ICRs to OMB for Second Revised Sheet No. 118 review and approval, EPA is soliciting First Revised Sheet No. 119A comments on specific aspects of the 63704 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices proposed information collections as non-air quality health and environmental occurrences of any start-up, shutdown described below. impact and energy requirements) the or malfunction, record gap Administrator determines has been DATES: Comments must be submitted on measurements: primary seals every five adequately demonstrated [Section ill(a) (1)]. or before February 2, 1998. years, secondary seals every year, report ADDRESSES: U.S. EPA, 401 M St., S.W., The Agency refers to this charge as within 60 days if seal gap measurements Washington D.C. 20460. Interested selecting the best demonstrated exceed regulatory limits (§ 60.112a), persons may obtain a copy of the ICR technology (BDT). Section 111 also provide notice 30 days prior to seal gap without charge by calling Sandy Farmer requires that the Administrator review measurement, provide information on of OPPE at (202) 260–2740. and, if appropriate, revise such vapor recovery system including FOR FURTHER INFORMATION CONTACT: standards every 4 years. In addition, emissions data, operations design and NSPS subpart Ka: Everett Bishop, phone Section 114 (a) states that: maintenance plan and record whenever number, 202–564–7032; facsimile, 202– *** the Administrator may require any the liquid is changed, type of petroleum 564–0050; or by e-mail at owner or operator subject to any requirement liquid, period of storage and maximum [email protected]. NSPS of this Act to, (A) establish and maintain true vapor). subpart O and NSPS subpart UU: John such records, (B) make such reports, (C) Information generated by install, use and maintain such monitoring Dombrowski, (202) 564–7036; Facsimile notifications, recordkeeping, and equipment or methods (in accordance with reporting requirements is used by the number, (202) 564–0009; E-mail address such methods, at such locations, at such ‘‘[email protected]’’. Agency to ensure that facilities affected intervals, and in such manner as the by the NSPS continue to operate the NSPS subpart QQ: Ginger Gotliffe at Administrator shall prescribe), and (D) (202) 564–7072 or via e-mail provide such other information, as he may control equipment used to achieve ([email protected]). NSPS reasonably require. compliance. Notification of construction subpart BBB: Maria Malave at (202) and startup indicates to enforcement In the Administrator’s judgment, VOC personnel when a new affected facility 564–7027 or via e-mail emissions from VOL storage vessels (MALAVE.MARIA@EPAMAIL. has been constructed and therefore is cause or contribute to air pollution that subject to the standards. If the EPA.GOV.) or send a fax to (202) 564– may reasonably be anticipated to 0050 her attention. NESHAP subpart C information were not collected, the endanger public health or welfare. Agency would have no means for and MACT subpart X: Jane Engert, (202) Therefore, NSPS have been promulgated 564–5021; FAX (202) 564–0050; e-mail: ensuring that compliance with the NSPS for this source category. is achieved and maintained by the new, [email protected]; NESHAP The control of emissions of VOC from modified, or reconstructed sources subpart F: Dawn Banks-Waller, (202) storage vessels requires not only the subject to the regulation. Under these 564–7034; Facimile number, (202) 564– installation of properly designed circumstances, an owner or operator 0009; Email address ‘‘banks- equipment, but also the operation and could elect to reduce operating expenses waller.dawn@epamail. epa.gov’’. MACT maintenance of that equipment. VOC by not installing, maintaining, or subpart W: Sally Sasnett at (202) 564– emissions are the result of evaporation otherwise operating the control 7074(phone); 202 564–0009 (Fax) or of volatile organic liquids contained in technology required by the standards. In sasnett.s@epamail .epa.gov (e-mail). the vessels. These standards rely on the the absence of the recordkeeping enclosure of the tanks by fixed or NSPS Subpart Ka (Storage Vessels for requirements, the standards could be floating roofs, or a vapor recovery Petroleum Liquids for Which enforced only through continuous Construction, Reconstruction, or system or equivalent control device. (2) Description and Practical Utility of onsite inspection by regulatory agency Modification Commenced After May 18, personnel. Consequently, not collecting 1978, and Prior to July 23, 1984.) the Information Collection Activity. In order to ensure compliance with these the information results in (1) greatly Supplementary Information: standards, adequate recordkeeping is increased resource requirements for enforcement agencies or (2) the inability Affected entities: Entities potentially necessary. In the absence of such information, enforcement personnel to enforce the standards. affected by this action are those which An agency may not conduct or would be unable to determine whether have storage vessels containing sponsor, and a person is not required to the standards are being met on a petroleum liquids which have a storage respond to, a collection of information continuous basis, as required by the capacity greater than 151,416 liters that unless it displays a currently valid OMB Clean Air Act. Generally, this were constructed, reconstructed or control number. The OMB control information will be readily available modified commencing after May 18, numbers for EPA’s regulations are listed because it is needed for plant records. 1978 and prior to July 23, 1984. in 40 CFR Part 9. Title: 40 CFR Part 60, NSPS Subpart As a result, there should be no The EPA would like to solicit Ka (Storage Vessels for Petroleum additional burden from these comments to: Liquids for Which Construction, requirements. Reconstruction, or Modification The format of the rule is that of an (i) Evaluate whether the proposed collection of information is necessary for the Commenced After May 18, 1978, and equipment standard. A performance test is not required because conducting a proper performance of the functions of the Prior to July 23, 1984.) OMB Control agency, including whether the information Number 2060–0121, expiring on 5/31/ performance test is not feasible for will have practical utility; 98. floating roofs. Floating roofs are subject (ii) Evaluate the accuracy of the agency’s Abstract: The EPA is charged under to visual inspections and periodic estimate of the burden of the proposed Section 111 of the clean Air Act, as measurements. Flares must meet the collection of information, including the amended, to establish standards of General Provisions at section 60.18(f). validity of the methodology and assumptions performance for new stationary sources The owner/operator must notify the date used; of construction or reconstruction no (iii) Enhance the quality, utility, and clarity that reflect: of the information to be collected; and *** application of the best technological later than 30 days after such date, notify (iv) minimize the burden of the collection system of continuous emission reduction 60 days prior to a physical or of information on those who are to respond, which (taking into consideration the cost of operational change to an existing facility including through the use of appropriate achieving such emission reduction, or any which may increase emissions, record automated electronic, mechanical, or other Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63705 technological collection techniques or other operation, and informs the Agency if the years and made available for inspection forms of information technology, e.g., source remained in compliance during by the Administrator. permitting electronic submission of any period of operation. In the The information is recorded in responses. Administrator’s judgment, particulate sufficient detail to enable owners or Burden Statement: Based upon the matter emissions from sewage treatment operators to demonstrate compliance data the Agency had from the last ICR, plant incinerators cause or contribute to with the standards. This information is the burden was estimated as follows: air pollution that may reasonably be used to monitor particulate emissions notifying and reporting roof gaps is 5 anticipated to endanger public health or directly, thus ensuring continuous hours, recording primary seal welfare. Therefore, NSPS were compliance with the standards. The measurements is 18 hours, recording promulgated for this source category. semiannual reporting requirement for secondary seal measurements is 90 The control of emissions of scrubber pressure drop and average hours and fill/refill records is 5 hours. particulate matter from sewage oxygen content provide good The frequency of response is one time treatment plant incinerators requires not indications of a source’s compliance and 183 respondents are estimated to be only the installation of properly status. There is a direct correlation subject to these requirements. The designed equipment, but also the between particulate removal average annual O&M cost for complying operation and maintenance of that efficiencies, pressure drop across the with NSPS Subpart Ka is estimated to be equipment. Particulate matter emissions scrubber, and elevated oxygen levels in $3,578 per respondent. Burden means from sewage treatment plant the incinerator exhaust gases. For this the total time, effort, or financial incinerators are the result of the reason, the Agency is requiring all resources expended by persons to physical and chemical characteristics of sludge incinerators to continuously generate, maintain, retain, or disclose or the sludge feed and fuel use, the excess monitor and record pressure drop across provide information to or for a Federal air rate, the temperature profile within the scrubber and oxygen levels in the agency. This includes the time needed the incinerator, the pressure drop across incinerator exhaust gases. Other to review instructions; develop, acquire, the control device, and operating incinerator operating variables such as install, and utilize technology and procedures. These standards rely on the fuel use, incinerator temperature, and systems for the purposes of collecting, reduction of particulate matter sludge quality have also been found by validating, and verifying information, emissions by wet scrubbers. EPA to affect measures of particulate processing and maintaining In order to ensure compliance with removal efficiencies. these standards, adequate recordkeeping information, and disclosing and The Agency considers that is necessary. In the absence of such providing information; adjust the information on continuous sludge feed information, enforcement personnel existing ways to comply with any rates is necessary to evaluate cases for would be unable to determine whether previously applicable instructions and potential periods of increased the standards, that are protective of requirements; train personnel to be able particulate emissions (as indicated by public health, are being met on a to respond to a collection of changes in either scrubber pressure drop continuous basis, as required by the information; search data sources; or oxygen content). Furthermore, an complete and review the collection of Clean Air Act. The standards require recordkeeping increase in the sludge feed rate, information; and transmit or otherwise to document information relating to the especially accompanied by increased disclose the information. continuous monitoring of: the pressure moisture and volatile content, requires a NSPS Subpart O: Sewage Treatment drop across the emission control device, proportional increase in the specific fuel Plant Incineration the amount of oxygen in the incinerator consumption. Hence, excess emissions exhaust gases upstream of the emissions could potentially occur when sludge Supplementary Information control device, devices which measure feed rates are above specific fuel Affected entities: Entities potentially temperature profiles, feed rates and fuel consumption rates. Therefore, should affected by this action are those which uses (for sources over the .75 lb/ton either the fuel use increase, incinerator incinerate wastes containing more than input cutoff), and document information temperature increase, sludge moisture 10 percent sewage sludge (dry basis) relating to the daily results of grab content increase, or sludge volatile produced by municipal sewage samples each day of incineration to content decrease compared to the values treatment plants or each incinerator determine moisture and volatile content observed at the time of a performance which charges more than 1000 kg (2205 of the sludge. Specifically, incinerators test, it is reasonable to suspect that lb) per day municipal sewage sludge from which particulate emission rate increased emissions of particulate (dry basis) and which commenced measured during the performance test is matter could result. By requiring this construction or modification after June less than or equal to 0.38 g/kg of dry information, EPA or other agencies to 11, 1973. sludge input (0.75 lb/ton), shall be which enforcement authority is Title: NSPS Subpart O: Sewage exempted from continuously monitoring delegated will be given the means to Treatment Plant incineration, OMB and recording the following: incinerator identify those facilities that should be Control Number 2060–0035, expires temperature, fuel flow, sludge feed rate, more frequently subjected to on-site June 30, 1998. and sludge moisture and volatiles inspections. An Agency may not Abstract: This ICR contains content. conduct or sponsor, and a person is not recordkeeping and reporting The standards require initial required to respond to, a collection of requirements that are mandatory for notification reports with respect to information unless it displays a compliance with 40 CFR Part 60.150, et construction, modification, currently valid OMB control number. seq., Subpart O, New Source reconstruction, startups, shutdowns, The OMB control numbers for EPA’s Performance Standards (NSPS) for and malfunctions. The standards also regulations are listed in 40 CFR Part 9. sewage sludge treatment plant require reports on initial performance The EPA would like to solicit incinerators. This information notifies tests. comments to: EPA when a source becomes subject to Under the standard, the data collected (i) Evaluate whether the proposed the regulations, informs the Agency if a by the affected industry is retained at collection of information is necessary for the source is in compliance when it begins the facility for a minimum of two (2) proper performance of the functions of the 63706 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices agency, including whether the information install, and utilize technology and technology (BDT). Section 111 also will have practical utility; systems for the purposes of collecting, requires that the Administrator review (ii) Evaluate the accuracy of the agency’s validating, and verifying information, and, if appropriate, revise such estimate of the burden of the proposed collection of information, including the processing and maintaining standards every four years. In addition, validity of the methodology and assumptions information, and disclosing and Section 114(a) states that: used; providing information; adjust the *** the Administrator may require any (iii) Enhance the quality, utility, and clarity existing ways to comply with any owner or operator subject to any requirement of the information to be collected; and previously applicable instructions and of this Act to (A) establish and maintain such (iv) Minimize the burden of the collection requirements; train personnel to be able records, (B) make such reports, (C) install, of information on those who are to respond, to respond to a collection of use and maintain such monitoring equipment including through the use of appropriate information; search data sources; or methods (in accordance with such automated electronic, mechanical, or other methods at such locations, at such intervals, technological collection techniques or other complete and review the collection of information; and transmit or otherwise and in such manner as the Administrator forms of information technology, e.g., shall prescribe), and (D) provide such other permitting electronic submission of disclose the information. The average information, as he may reasonably require. responses. annual burden to industry from these Burden Statement: Public reporting recordkeeping and reporting In the Administrator’s judgment, VOC and recordkeeping burden for this requirements is estimated at 8181.3 emissions from the graphic arts collection is estimated to average 106 person-hours and $360,795.33. The industry, publication rotogravure hours per respondent per year. It is specific frequency for some of the printing industry cause or contribute to estimated that approximately 72 sewage information collection activities within air pollution that may reasonably be treatment plants that are equipped with this request are: initial performance anticipated to endanger public health or sludge incinerators are currently tests, 72 hrs/event; repeat performance welfare. Therefore, the New Source affected by the NSPS. It is estimated that tests (estimated at 20%), 72 hrs/event; Performance Standards (NSPS) were an additional 3 sources will become notify of construction or reconstruction, promulgated for this source category. subject to the standard each year over 2 hrs/event; notify of anticipated start- The NSPS for the Graphic Arts Industry the next three years. Therefore, the ICR up, 2 hrs/event; notify of actual startup, were proposed on October 28, 1980, and will apply to an average of 72 + 5.0, or 2 hrs/event; notify of demonstration of promulgated on November 8, 1982. 77 sources over the next 3 years. For the CMS, 40 hrs/event; notify of initial These standards apply to each purpose of this cost analysis, it is performance test, 2 hrs/event; excess publication rotogravure printing press assumed that 50 percent of the 77 emissions reports, excess reports, 40 (not including proof presses) for which sewage sludge plants (includes hrs/event; non-excess Reports, 8 hrs/ construction, modification or estimated increase) would fall under the event; records of startups, shutdowns, reconstruction commenced after the size threshold (.75 lb/ton sludge input) malfunctions, etc., 1.5 hrs/event; record date of proposal. Volatile organic and thereby are exempt from monitoring operating parameters of CMS, non- compounds (VOCs) are the pollutants incinerator temperature profiles, sludge exempted facilities, 1.5 hrs/event and regulated under this Subpart. The feed rates, fuel use, and moisture and exempted Facilities: 0.5 hrs/event. standards prohibit the discharge into the atmosphere from any affected facility volatile contents of the sludge. NSPS Subpart QQ Likewise, it is assumed that 50 percent VOC equal to more than 16 percent of of all the facilities would be required to Supplementary Information the total mass of VOC solvent and water file annual excess emissions reports. Affected entities: Entities potentially used at that facility during any one Reports of excess monitoring data are affected by this action are those which performance averaging period. assumed to require 40 person hours per are subject to NSPS Subpart QQ for the Owners or operators of the affected year to prepare. Reports indicating no graphic arts industry, or each facilities described must make the excess would take 8 hours to prepare. publication rotogravure printing press following one-time-only reports: Other assumptions used in estimating (not including proof presses) and for notification of the date of construction the burden hours include: there will be which construction, modification, or or reconstruction (40 CFR 60.7(a)(1)); 18 plants (respondents) in 5 years equal reconstruction commenced after notification of the anticipated and to 3.6 respondents per year, and 20 October 28, 1980. actual dates of startup (40 CFR 60.7(a)(2) percent of initial performance tests must Title: NSPS Subpart QQ: Standards of and (a)(3)); notification of any physical be repeated due to failure. The burden Performance for the Graphic Arts or operational change to an existing to respondents has been minimized by Industry—Publication Rotogravure facility which may increase the requiring the collection of only that Printing, OMB number 2060–0105, regulated pollutant emission rate (40 information which the Agency expires April 30, 1998. CFR 60.7(a)(4)); and the notification of considers essential to ensure that Abstract: The EPA is charged under the date of the initial performance test sewage sludge incinerators subject to Section 111 of the Clean Air Act, as (40 CFR 60.7). Owners or operators are the NSPS are properly maintained and amended, to establish standards of also required to maintain records of the operated on a continuing basis. In performance for new stationary sources occurrence and duration of any startup, addition, the monitoring, recordkeeping, that reflect: shutdown, or malfunction in the and reporting requirements have been *** application of the best technological operation of an affected facility (40 CFR designed to reduce the incidence of system of continuous emissions reduction 60.7(b)). Test reporting requirements reporting for plants that achieve which (taking into consideration the cost of apply only to the initial performance compliance at emission rates well below achieving such emissions reduction, or any test. A written report must be furnished the existing NSPS emission limit. Thus, non-air quality health and environmental to the Administrator describing the those plants that are less likely to impact and energy requirements) the results of the initial performance test (40 exceed the existing emission limit will Administrator determines has been CFR 60.8(a), 60.433(e)(6)). These be less burdened by the requirements. adequately demonstrated [Section 111(a)(l)]. notifications, reports and records are This estimate includes the time needed The Agency refers to this charge as required, in general, of all sources to review instructions; develop, acquire, selecting the best demonstrated subject to NSPS. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63707

Recordkeeping specific to publication requirements applicable to the industry asphalt processing plants, petroleum rotogravure operations include: for the currently approved Information refineries, and asphalt roofing plants. performance test records and all other Collection Request (ICR). Where Title: NSPS Subpart UU: Asphalt information required by this part/ appropriate, the Agency identified processing and asphalt roofing subpart recorded in a permanent file specific tasks and made assumptions, manufacturers; EPA ICR #0661.05; OMB suitable for inspection. The file shall be while being consistent with the concept Control #2060–0002; expiring July 31, maintained for at least two years. (40 of burden under the Paper Reduction 1998. CFR 60.7(f), and 60.434 (a)). This other Act. Burden means the total time, effort, Abstract: This ICR contains information includes: the amount of or financial resources expended by recordkeeping and reporting solvent and water used, solvent persons to generate, maintain, retain, or requirements that are mandatory for recovered, and estimated emission disclose or provide information to or for compliance with 40 CFR Part 60, New percentage for each performance a Federal agency. This includes the time Source Performance Standards (NSPS), averaging period. The performance needed to review instructions; develop, Subpart UU. The respondents of the averaging period for monitoring of acquire, install, and utilize technology recordkeeping and reporting proper operation and maintenance is a and systems for the purposes of requirements are asphalt processing and calendar month or 4 consecutive weeks. collecting, validating, and verifying roofing manufacturers (SIC Codes 2911, In order to calculate corrected volumes information, processing and 2951, and 2952) which commenced and mass quantities, temperatures and maintaining information, and disclosing construction, modification, or liquid densities determined during the and providing information; adjust the reconstruction after November 18, 1980, most recent performance test are used, existing ways to comply with any or May 26, 1981 as appropriate. Owners or the owner can measure temperature previously applicable instructions and and operators of the affected facilities to determine actual liquid densities for requirements; train personnel to be able described must make the following one- each performance period. to respond to a collection of time-only reports: notification of the All reports are sent to the delegated information; search data sources; date of construction or reconstruction; State or local authority. In the event that complete and review the collection of notification of the anticipated and there is no such delegated authority, the information; and transmit or otherwise actual dates of startup; notification of reports are sent directly to the EPA disclose the information. any physical or operational change to an Regional Office. Notifications are used This estimate is based on the existing facility which may increase the to inform the Agency or delegated assumption that there would be 45 new regulated pollutant emission rate; authority when a source becomes affected facility over the three years of notification of demonstration of the subject to the standard. The reviewing the existing ICR and that there were continuous monitoring system (CMS); authority may then inspect the source to approximately 165 sources in existence notification of the date of the initial check if the pollution control devices at the start of the three years covered by performance test; and the results of the are properly installed and operated and the ICR. The annual burden of reporting initial performance test. Owners or the standard is being met. Performance and recordkeeping requirements for operators are also required to maintain test reports are needed as these are the facilities subject to Subpart QQ are records of the occurrence and duration Agency’s record of a source’s initial summarized by the following of any startup, shutdown, or capability to comply with the emission information. The reporting requirements malfunction in the operation of an standard. An Agency may not conduct are as follows: Read Instructions (1 affected facility, or any period during which the monitoring system is or sponsor, and a person is not required person-hour), Initial performance test inoperative. These notifications, reports to respond to, a collection of (280 person-hours). It is assumed that and records are required, in general, of information unless it displays a 20% of tests are repeated due to failure. all sources subject to NSPS. currently valid OMB control number. Estimates for report writing are: Recordkeeping and reporting The OMB control numbers for EPA’s Notification of construction/ requirements specific to asphalt regulations are listed in 40 CFR Part 9. reconstruction (2 person-hours), processing and roofing manufacturers The EPA would like to solicit Notification of anticipated startup (2 consist mainly of temperature comments to: person-hours), Notification of actual measurements. Owners or operators of (i) Evaluate whether the proposed startup ((1 person-hour), Notification of affected facilities are required to collection of information is necessary for the initial performance test (2 person- continuously monitor and record the proper performance of the functions of the hours), Report of performance test temperature of the gas at the inlet of the agency, including whether the information (included in reporting requirements will have practical utility; pollution control device if that control listed above), Semiannual report (4 device is an electrostatic precipitator or (ii) evaluate the accuracy of the agency’s person-hours). Records must be kept for estimate of the burden of the proposed a high velocity air filter. If the pollution collection of information, including the a period of two years. The average control device is an afterburner, the validity of the methodology and assumptions burden to industry over the three years owner or operator is required to used; of the current ICR from these continuously monitor and record the (iii) enhance the quality, utility, and clarity recordkeeping and reporting temperature in the combustion zone of of the information to be collected; and requirements was estimated to be 8277 the afterburner. If the control device is (iv) minimize the burden of the collection person hours. of information on those who are to respond, not one of the three mentioned above, including through the use of appropriate NSPS Subpart UU: Asphalt Processing the owner or operator is required to automated electronic, mechanical, or other & Asphalt Roofing Manufacturers provide to the Administrator technological collection techniques or other information describing the operating forms of information technology, e.g., Supplementary Information parameters, which indicate proper permitting electronic submission of Affected entities: Entities potentially operation and maintenance of the responses. affected by this action are each saturator device. The industry is exempted from Burden Statement: The Agency and each asphalt storage facility at periodic reporting of excess emissions. computed the burden for each of the asphalt roofing plants, and each asphalt Therefore, the recordkeeping recordkeeping and reporting storage tank and each blowing still at requirements for asphalt processing and 63708 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices roofing manufacturing consist of the greatly increased expenditures of The recordkeeping requirements are occurrence and duration of any startup resources, or the inability to ensure estimated to be 2944 person-hours per and malfunctions as described. They compliance with the standards. year, at a cost of $89,644. The burden include the initial performance test The information collected from in this area for reading instructions, results including information necessary recordkeeping and reporting planning and implementing activities to determine the conditions of the requirements are also used for targeting are included under reporting performance test, and performance test inspections, and is of sufficient quality requirements. The estimated time to measurements and results; including to be used as evidence in court. enter information for recording startups, temperature measurements. Records of An agency may not conduct or shutdowns, malfunctions, etc. is 69 startups, shutdowns, and malfunctions sponsor, and a person is not required to hours. The estimated time to enter should be noted as they occur. respond to, a collection of information information for maintaining the records Additional records to be maintained unless it displays a currently valid OMB of operating the parameters of the include all continuous monitoring control number. The OMB control continuous monitoring system (CMS) is system performance evaluations, all numbers for EPA’s regulations are listed 2875 hours. Development of the record continuous monitoring system in 40 CFR Part 9. system, training personnel, and calibration checks, and adjustments and The EPA would like to solicit conducting audits are not applicable to maintenance performed on these comments to: this ICR. systems or devices. Any owner or (i) Evaluate whether the proposed Burden means the total time, effort, or operator subject to the provisions of this collection of information is necessary for the financial resources expended by persons part shall maintain a file of these proper performance of the functions of the to generate, maintain, retain, or disclose measurements, and retain the file for at agency, including whether the information or provide information to or for a least two years following the date of will have practical utility; Federal agency. This includes the time (ii) Evaluate the accuracy of the agency’s needed to review instructions; develop, such measurements, maintenance estimate of the burden of the proposed reports, and records. collection of information, including the acquire, install, and utilize technology The reporting requirements for this validity of the methodology and assumptions and systems for the purposes of industry currently include the initial used; collecting, validating, and verifying notifications listed, and the initial (iii) Enhance the quality, utility, and clarity information, processing and performance test results. For of the information to be collected; and maintaining information, and disclosing (iv) Minimize the burden of the collection and providing information; adjust the performance test reports, owners or of information on those who are to respond, operators must report the operating existing ways to comply with any including through the use of appropriate previously applicable instructions and temperature of the control device during automated electronic, mechanical, or other the test. All reports are sent to the technological collection techniques or other requirements; train personnel to be able delegated State or local authority. In the forms of information technology, e.g., to respond to a collection of event that there is no such delegated permitting electronic submission of information; search data sources; authority, the reports are sent directly to responses. complete and review the collection of the EPA Regional office. Notifications Burden Statement: Public reporting information; and transmit or otherwise are used to inform the Agency or and recordkeeping requirements over disclose the information. delegated authority when a source the next three years for this collection NSPS Subpart BBB: Rubber Tire becomes subject to the standard. The is estimated at 3033 person-hours per Manufacturing reviewing authority may then inspect year. It is estimated that approximately the source to check if the pollution 46 facilities are currently affected and Supplementary Information control devices are properly installed that an additional 3 new plants will Affected entities: Entities potentially and operated and the standard is being become subject to the standards over the affected by this action are facilities in met. Performance test reports are next three years. It is assumed that the rubber tire manufacturing plants: each needed as these are the Agency’s record facility operates for 250 days per year. undertread cementing operations, of a source’s initial capability to comply The average annual burden to industry sidewall cementing operations, each with the emission standard, and not the over the next three years of the ICR is tread end cementing operations, each operating conditions under which estimated to be $92,361. bead cementing operations, each green compliance was achieved. If the The breakdown of this burden is as tire spraying operations, each Michelin- information required by the standards follows. The reporting requirements are A operations, each Michelin-B were not collected, the Agency would estimated to be 89 person-hours per operations, and each Michelin-C- have no means for ensuring that year, at a cost of $2716. This includes automatic operations, commencing compliance with the NSPS is achieved reading instructions (2 hrs.), creating construction, modification or and maintained by new, modified, or and gathering information through the reconstruction after January 20, 1993, reconstructed sources subject to the initial performance tests (48 hrs.), the date of proposal. regulations. Under these circumstances, reference Method 9 test (9.6 hrs.), and Title: National Emission Standards an owner or operator could elect to repeating performance tests (9.6 hrs.). (NSPS) for Rubber Tire Manufacturing, reduce operating expenses by not There are several areas under writing Part 60, Subpart BBB; OMB No. 2060– installing, maintaining, or otherwise reports: notification of construction or 0156; EPA No. 1158.06; Expiration date operating the control technology reconstruction (4 hrs.), notification of April 30, 1998. required by the standards. In the anticipated start/up (4 hrs.), notification Abstract: In addition to the absence of the information collection of actual start/up (4 hrs.), notification of monitoring, recordkeeping and requirements, compliance with the initial performance test (4 hrs.), report notification requirements specified in standards could be ensured only of CMS demonstration (4 hrs.), and the General Provisions in § 60.7(a), (b), through continuous on-site inspections report of performance test (4 hrs.). (d), (f), and (h), owners or operators are by regulatory agency personnel. Excess emission reports, applications, to comply with the requirements Consequently, not collecting the and surveys and studies are not specified in NSPS Subpart BBB. These information would result in either applicable to this ICR. specific requirements are: Install, Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63709 calibrate, maintain, and operate a generate, maintain, retain, or disclose or propellent plants, and machine shops control device and monitor process provide information to or for a Federal which process beryllium ore, beryllium, parameters, as specified in § 60.544. agency. This includes the time needed beryllium oxide, beryllium alloys, or Maintain records of operating to review instructions; develop, acquire, beryllium-containing waste. parameters of monitoring device results install, and utilize technology and Title: National Emission Standards for for catalytic or thermal incinerators, or systems for the purposes of collecting, Hazardous Air Pollutants (NESHAP) carbon absorbers; monthly VOCs use, validating, and verifying information, Subpart C—Beryllium (OMB Control number of days in compliance period, processing and maintaining Number 2060–0092; expiration date, 3/ and other information needed to verify information, and disclosing and 30/98). results of monthly tests; and of, providing information; adjust the Abstract: Beryllium and many of its formulation data or results of Method 24 existing ways to comply with any compounds are considered to be among analysis of water-based sprays previously applicable instructions and the most toxic and hazardous of the containing less than 1.0 percent of VOC; requirements; train personnel to be able nonradioactive substances in industrial as specified in § 60.545. Report on the to respond to a collection of use. Consequently, EPA promulgated initial compliance report that includes information; search data sources; standards in 1973 to control airborne initial performance test results, monthly complete and review the collection of releases from affected facilities such that schedule to be use in making information; and transmit or otherwise ambient air concentrations would not compliance determinations, design and disclose the information. exceed 0.01 micrograms per cubic equipment specifications and This estimate is based on the meter. Alteration of a beryllium product compliance method; the initial and assumption that there would be 9 new by burning, grinding, cutting, or other annual formulation data or method 24 affected facilities over the three years of physical means can, if uncontrolled, results to verify VOC content of water the existing ICR and that there were produce a significant hazard in the form based-sprays; and on the semiannual approximately 26 sources in existence at of dust, fumes, or mist. Approximately reports of each monthly exceedance of the start of the three years covered by 200 operations, such as machine shops, applicable emission limit and the ICR. The annual burden of reporting ceramic plants, propellant plants, monitoring device exceedance of and recordkeeping requirements for extraction plants, and foundries, acceptable limits; as specified in facilities subject to Subpart BBB are comprise the major users of beryllium § 60.546. summarized by the following that could cause emission to the An agency may not conduct or information. The reporting requirements atmosphere. All sources known to have sponsor, and a person is not required to are as follows: Read Instructions (1 caused, or to have the potential to cause, respond to, a collection of information person-hour), Initial performance test dangerous levels of beryllium in the unless it displays a currently valid OMB (240 person-hours). It is assumed that ambient air are covered by the control number. The OMB control 20% of tests are repeated due to failure. Beryllium NESHAP. In order to ensure numbers for EPA’s regulations are listed Estimates for report writing are: compliance with the standards, in 40 CFR Part 9. Notification of construction/ adequate recordkeeping and reporting is The EPA would like to solicit reconstruction (2 person-hours), necessary. In the absence of such comments to: Notification of anticipated startup (2 information collection requirements, (i) Evaluate whether the proposed person-hours), Notification of actual enforcement personnel would be unable collection of information is necessary for the startup (2 person-hours), Notification of to determine whether the standards are proper performance of the functions of the initial performance test (2 person- being met on a continuous basis, as agency, including whether the information hours), Report of performance test required by the Clean Air Act. An will have practical utility; (included in reporting requirements Agency may not conduct or sponsor, (ii) Evaluate the accuracy of the agency’s listed above), Semiannual exceedance and a person is not required to respond estimate of the burden of the proposed collection of information, including the report (8 person-hours), Annual report to, a collection of information unless it validity of the methodology and assumptions of formulation data/Method 24 results (2 displays a currently valid OMB control used; person-hours), and Report of change in number. The OMB control numbers for (iii) Enhance the quality, utility, and clarity operating parameters (3 person-hours). EPA’s regulations are listed in 40 CFR of the information to be collected; and We assume to estimate the reporting Part 9. (iv) Minimize the burden of the collection requirement burden that: (1) one-third The EPA would like to solicit of information on those who are to respond, of the sources report exceedance reports comments to: including through the use of appropriate automated electronic, mechanical, or other each month, (2) 80 percent of sources (i) Evaluate whether the proposed technological collection techniques or other use water-based sprays and submit the collection of information is necessary for the forms of information technology, e.g., annual report of formulation data, (3) 20 proper performance of the functions of the permitting electronic submission of percent of all sources will have to report agency, including whether the information responses. operational parameter changes, and (4) will have practical utility; (ii) Evaluate the accuracy of the agency’s Burden Statement: The Agency sources operate 250 days per year. Records must be kept for a period of two estimate of the burden of the proposed computed the burden for each of the collection of information, including the recordkeeping and reporting years. The average burden to industry validity of the methodology and assumptions requirements applicable to the industry over the three years of the current ICR used; for the currently approved 1995 from these recordkeeping and reporting (iii) Enhance the quality, utility, and clarity Information Collection Request (ICR). requirements was estimated to be of the information to be collected; and Where appropriate, the Agency 10,914.6 person-hours. (iv) Minimize the burden of the collection identified specific tasks and made of information on those who are to respond, NESHAP Subpart C: Beryllium including through the use of appropriate assumptions, while being consistent Supplementary Information automated electronic, mechanical, or other with the concept of burden under the technological collection techniques or other Paper Reduction Act. A burden means Affected entities: Entities potentially forms of information technology, e.g., the total time, effort, or financial affected by this action are extraction permitting electronic submission of resources expended by persons to plants, foundries, incinerators, responses. 63710 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Burden Statement: The only reports: application for approval of that PVC, EDC, and VCM plants are recordkeeping and reporting construction or modification; properly maintained and operated on a requirements under this regulation are notification of startup; application of continuous basis. Certain reports associated with the initial performance waiver of testing (if desired by source); required by State or local agencies may test. This is a one-time-only application for equivalency (if desired duplicate information required by the demonstration at start-up that a source’s by source); and an initial report. The recommended standards. In such cases, emissions are below the limit of 10 initial report includes a list of the a copy of the report submitted to the grams of beryllium per 24-hour period. equipment installed for compliance, a State or local agency can be sent to the Such a demonstration is required only description of the physical and Administrator in lieu of the report of new sources and those that have functional characteristics of each piece required by the recommended standard. modified, reconstructed, or otherwise of equipment, a description of the An Agency may not conduct or sponsor, altered their operations. It is estimated methods which have been incorporated and a person is not required to respond that three such sources will come on into the standard operation procedures to, a collection of information unless it line over the next three years (one for measuring or calculating emissions, displays a currently valid OMB control facility per year). These new, modified, and a statement that the equipment and number. The OMB control numbers for or reconstructed facilities must submit procedures are in place and are being EPA’s regulations are listed in 40 CFR initial notifications of construction, used. Generally, the one-time-only Part 9. anticipated date of start-up, actual start- reports are required of all sources The EPA would like to solicit up date, and the date and results of the subject to NESHAP. The record keeping comments to: initial performance test. It is expected and other reporting requirements, are (i) Evaluate whether the proposed that the notifications (total of 4) would specific to this NESHAP. To fulfill the collection of information is necessary for the take two hours each to prepare; the record keeping requirement, sources proper performance of the functions of the initial performance test would take 24 detect leaks in accordance with an agency, including whether the information will have practical utility; hours to conduct; and it would take 4 approved leak detection and elimination hours to complete the performance test (ii) Evaluate the accuracy of the agency’s program, which generally consists of an estimate of the burden of the proposed report. The burden for each new source area VC monitoring system and a collection of information, including the would therefore be 36 hours. The total portable hydrocarbon detector to find validity of the methodology and assumptions annual cost associated with this small leaks of VC and to pinpoint major used; information collection would be $1,292, VC leaks indicated by the area system. (iii) Enhance the quality, utility, and clarity based on a technical wage rate of $35.89 Action taken to repair leaks must also be of the information to be collected; and per hour ($17.09 per hour + 110% recorded and kept on file. Excess stack (iv) Minimize the burden of the collection overhead). This estimate includes the of information on those who are to respond, emissions are generally recorded including through the use of appropriate time needed to review instructions; automatically by a continuous emission automated electronic, mechanical, or other develop, acquire, install, and utilize monitor. Reactor operation parameters technological collection techniques or other technology and systems for the purposes (temperature and pressure) are also forms of information technology, e.g., of collecting, validating, and verifying recorded automatically by a device that permitting electronic submission of information, processing and continuously monitors these responses. maintaining information, and disclosing parameters. Owners and operators are Burden Statement: The annual public and providing information; adjust the also required to submit quarterly reports reporting and recordkeeping burden for existing ways to comply with any of reactor opening losses (PVC plants this collection of information is previously applicable instructions and only), stripping residuals (PVC plants estimated to average 255 hours per requirements; train personnel to be able only), and excess emissions. They are reporting response and 1.25 hours for to respond to a collection of also required to report within 10 days of recordkeeping. To minimize the burden, information; search data sources; each relief valve discharge and manual much of the information the EPA would complete and review the collection of vent valve discharge. The information need to determine compliance is information; and transmit or otherwise generated by the monitoring, record recorded and stored at the facility. disclose the information. keeping and reporting requirements Minimal reporting is necessary unless a NESHAP Subpart F: Vinyl Chloride described above is issued by the Agency violation occurs. Owners or operators of to ensure that facilities affected by the the affected facilities described must Supplementary Information NESHAP continue to operate the control make the following one-time-only Affected entities: Entities potentially equipment and use proper practices to reports: application of construction or affected by this action are exhaust gases achieve compliance with NESHAP. reconstruction, 2 hours; notification of and oxychlorination vents at ethylene Notification startup indicates the anticipated and actual dates of dichloride (EDC) plants; exhaust gases enforcement personnel when a new startup 2 hours; application for waiver at vinyl chloride monomer (VCM) facility has been constructed and is thus of testing, 8 hours; application of plants; and exhaust gases, reactor subject to the standards. If information equivalency, 40 hours; initial report, 24 opening losses, manual vent valves, and required by the standards were not hours; quarterly report, 50 hours; MVV/ stripping residuals at polyvinyl chloride collected, the Agency would have no RVD report, 8 hours; initial performance (PVC) plants. The standards also apply means for ensuring that compliance test, 60 hours. It is assumed 20% of to relief valves and fugitive emission with the NESHAP is achieved and performance tests will be repeated due sources at all three types of plants. maintained by the sources subject to the to failure. Owners or operators are also Title: NESHAP Subpart F: National regulation. EPA uses this information to required to maintain records of the Emissions Standards for Hazardous Air directly determine the compliance occurrence and duration of any startup, Pollutants for Vinyl Chloride, OMB status of sources in lieu of on-site shutdown, or malfunction in the Control Number 2060–0071, expiration surveillance. The burden to respondents operation of an affected facility. 6/30/98. has been minimized by requiring the Specific vinyl chloride recordkeeping Abstract: The owner/operator must collection of only that information includes records of reactor parameters make the following one-time-only which the Agency considers essential and emissions, .25 hour. It is assumed Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63711 the plant operates 365 days a year. industry cause or contribute to air that operate furnaces to reduce scrap Records of leaks detected is one hour pollution that may be reasonably lead metal and lead compounds to per week. Recordkeeping includes the anticipated to endanger public health or elemental lead. time needed to review instructions; welfare. Therefore, NESHAPs have been Title: National Emission Standards for develop, acquire, install, and utilize promulgated for this source category as Hazardous Air Pollutants (NESHAP)— technology and systems for the purposes required under section 112 of the Clean Secondary Lead Smelters (OMB Control of collecting, validating, and verifying Air Act. Number 2060–0296; expiration date information, processing and An Agency may not conduct or March 30, 1998) maintaining information, and disclosing sponsor, and a person is not required to Abstract: The EPA is required under and providing information; adjust the respond to, a collection of information Section 112(d) of the 1990 Clean Air existing ways to comply with any unless it displays a currently valid OMB Act, to regulate emissions of 189 previously applicable instructions and control number. The OMB control hazardous air pollutants (HAPs). The requirements; train personnel to be able numbers for EPA’s regulations are listed pollutants emitted from secondary lead to respond to a collection of in 40 CFR Part 9. smelters include both metal and organic information; search data sources; The EPA would like to solicit HAPs identified in this list of 189 complete and review the collection of comments to: pollutants. In the Administrator’s judgment, such emissions cause or information; and transmit or otherwise (i) Evaluate whether the proposed disclose the information. collection of information is necessary for the contribute significantly to air pollution that may reasonably be anticipated to MACT Subpart W: Epoxy Resins and proper performance of the functions of the agency, including whether the information endanger public health. Consequently, Non-Nylon Polyamides will have practical utility; NESHAP for this source category were Supplementary Information (ii) Evaluate the accuracy of the agency’s promulgated on June 23, 1995. estimate of the burden of the proposed Certain records and reports are Affected entities: Entities potentially collection of information, including the necessary to enable the Administrator to affected by this action are those which validity of the methodology and assumptions identify sources subject to the standard manufacture polymers and resins from used; and to ensure that the standard, which epichlorohydrin. (iii) Enhance the quality, utility, and clarity is based on maximum achievable Title: National Emission Standards for of the information to be collected; and control technology (MACT), is being Hazardous Air Pollutants for Epoxy (iv) Minimize the burden of the collection achieved. The information will be used Resins Production and Non-Nylon of information on those who are to respond, by Agency enforcement personnel to: (1) Polyamides Production, Information including through the use of appropriate automated electronic, mechanical, or other identify sources subject to the standard; Collection Request, OMB control technological collection techniques or other (2) ensure that MACT is being properly number 2060–0290, expires July 31, forms of information technology, e.g., applied; (3) ensure that emission control 1998. permitting electronic submission of devices are being properly operated and Abstract: This ICR contains responses. maintained on a continuous basis to recordkeeping and reporting reduce HAP emissions from furnaces requirements that are mandatory for Burden Statement: There are and process fugitive sources; and (4) compliance with 40 CFR Part 63.1–15, approximately thirteen facilities which ensure that fugitive dust controls are Subpart H, and 63.520 –528, Subpart W, must comply with these provisions, being fully implemented. In the absence hazardous air pollutants from process three are plants that produce basic of such information collection vents, storage vessels, waste water liquid epoxy resins and ten are requirements, enforcement personnel systems and equipment leaks. The producers of wet strength resins. The would be unable to determine whether standards require recordkeeping and growth rate for this industry is so low the standards are being met on a reporting to document process that no new plants are expected in the continuous basis, as required by the information related to the source’s next three years. The average burden per Clean Air Act. An Agency may not ability to comply with the standards. facility per year is estimated to be 1483 conduct or sponsor, and a person is not This information is used by the Agency hours. This includes 1050 hours for required to respond to, a collection of to identify sources subject to the daily wastewater monitoring, and information unless it displays a standards and to insure that the additional hours for record-keeping, currently valid OMB control number. maximum achievable control is being reporting and notifications related to The OMB control numbers for EPA’s properly applied. Respondents are compliance status, leak detection and regulations are listed in 40 CFR Part 9. owners or operators of new and existing repair, startup/shutdown and malfunction events, process changes, The EPA would like to solicit facilities that manufacture polymers and comments to: resins from epichlorohydrin. Source emissions exceedances, and categories include basic liquid epoxy construction/reconstruction and (i) Evaluate whether the proposed resin (BLR) producers and startups. Because this is not a new collection of information is necessary for the proper performance of the functions of the epichlorohydrin-modified non-nylon information collection, it assumes that most facilities will have already agency, including whether the information polyamide resins also known as wet will have practical utility; strength resins (WSR). developed the record-keeping and reporting mechanisms to maintain and (ii) Evaluate the accuracy of the agency’s Section 112 of the Clean Air Act, as estimate of the burden of the proposed amended in 1990, requires that EPA report the required data except for collection of information, including the establish standards to limit emissions of process additions or changes. validity of the methodology and assumptions hazardous air pollutants (HAPs) from MACT Subpart X: Secondary Lead used; stationary sources. The sources subject Smelters (iii) Enhance the quality, utility, and clarity to these provisions emit the HAPs of the information to be collected; and Supplementary Information (iv) Minimize the burden of the collection epichlorohydrin, and in lesser amounts, of information on those who are to respond, hydrochloric acid and methanol. In the Affected entities: Entities potentially including through the use of appropriate Administrator’s judgment, hazardous air affected by this action are owners or automated electronic, mechanical, or other pollutant (HAP) emissions in this operators of secondary lead smelters technological collection techniques or other 63712 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices forms of information technology, e.g., (EPA) on November 19, 1997, to address ENVIRONMENTAL PROTECTION permitting electronic submission of a lawsuit filed by the Sierra Club. This AGENCY responses. lawsuit, which was filed pursuant to section 304(a) of the Act, 42 U.S.C. Burden Statement: There are 23 [OPP±00514; FRL±5759±4] sources currently subject to this 7604(a), concerns, among other things, standard, and no additional sources are EPA’s alleged failure to meet a Pesticide Environmental Stewardship anticipated during the next three years. mandatory deadline under section Program Regional Workshops; Open 112(f)(1) of the Act, 42 U.S.C. 7412(f)(1). Since most of the reporting Meeting requirements are one-time-only Section 112(f)(1) of the Act relates to a report to Congress on the risk to public activities for new sources, these will not AGENCY: Environmental Protection health remaining, or likely to remain, apply to the 23 existing facilities and Agency (EPA). consequently, have not been included in from sources subject to hazardous air estimating the respondent burden for pollutant regulation under section 112 ACTION: Notice of open meeting. this ICR. The total annual burden for all of the Act, 42 U.S.C. 7412, after the recordkeeping and monitoring application of technology-based SUMMARY: The Pesticide Environmental requirements plus the preparation of standards under section 112(d) of the Stewardship Program (PESP) is a semi-annual reports is estimated to be Act, 42 U.S.C. 7412(d). The proposed voluntary partnership between the 5,686 hours technical, 285 hours partial consent decree provides that no pesticide user community and EPA. managerial, and 568 hours clerical. The later than March 24, 1998, the total annual cost associated with this Administrator shall sign a notice of EPA, in conjunction with the National ICR is $231,561 or approximately availability of the proposed report, and Foundation for IPM Education, will $10,000 per facility per year. This that no later than February 1, 1999, the hold two meetings in December to allow estimate includes the time needed to Administrator shall sign the letter PESP members to discuss pesticide risk review instructions; develop, acquire, transmitting the final report to Congress. reduction issues of common interest and install, and utilize technology and For a period of thirty (30) days to exchange ideas on risk reduction systems for the purposes of collecting, following the date of publication of this techniques. Further, the meetings will validating, and verifying information, notice, the Agency will receive written serve as an introduction to PESP for processing and maintaining comments relating to the proposed organizations considering membership information, and disclosing and partial consent decree from persons who and for other parties interested in providing information; adjust the were not named as parties or pesticide risk reduction. Both meetings existing ways to comply with any intervenors to the litigation in question. are open to the public. previously applicable instructions and EPA or the Department of Justice may DATES: The meetings will be held on requirements; train personnel to be able withhold or withdraw consent to the December 4, 1997, from 8:30 a.m. to 6 to respond to a collection of proposed partial consent decree if the p.m and December 8, 1997, from 8:30 information; search data sources; comments disclose facts or a.m to 6 p.m. complete and review the collection of circumstances that indicate that such information; and transmit or otherwise consent is inappropriate, improper, ADDRESSES: The meeting on December 4 disclose the information. inadequate, or inconsistent with the will be held at Skamania Lodge, requirements of the Act. Unless EPA or Dated: November 25, 1997. Stevenson, WA. The meeting on the Department of Justice determines, Elaine G. Stanley, December 8 will be held at the following the comment period, that University Club, University of Director, Office of Compliance. consent is inappropriate, the final California, Davis, CA. [FR Doc. 97–31575 Filed 12–1–97; 8:45 am] partial consent decree will establish the BILLING CODE 6560±50±P deadlines listed above for specific FOR FURTHER INFORMATION CONTACT: By actions under section 112(f)(1) of the mail: Frank W. Ellis, Jr., Office of Act. Pesticide Programs (7501W), ENVIRONMENTAL PROTECTION A copy of the proposed partial Environmental Protection Agency, 401 AGENCY consent decree was lodged with the M St., SW., Washington, DC 20460. [FRL±5960±6] Clerk of the United States District Court Office location, telephone number, and for the District of Columbia on e-mail address: 5th floor, 2800 Crystal Proposed Settlement Agreement, November 19, 1997. Copies are also Drive, Arlington, VA, 703–308–8107; e- Clean Air Act Citizen Suit available from Phyllis Cochran, Air and mail: [email protected]. Radiation Division (2344), Office of AGENCY: Environmental Protection General Counsel, U.S. Environmental Agency (EPA). Protection Agency, 401 M Street, S.W., SUPPLEMENTARY INFORMATION: Begun in ACTION: Notice of proposed settlement; Washington, DC 20460, (202) 260–7606. 1994 with 23 charter partners, PESP has request for public comment. Written comments should be sent to grown to include 77 partners Diane E. McConkey at the address above encompassing interests as diverse as SUMMARY: In accordance, with section and must be submitted on or before almond growers in California, villages 113(g) of the Clean Air Act, as amended January 2, 1998. (Act), 42 U.S.C. 7413(g), notice is hereby in the Northeast and utility rights-of- given of a proposed partial consent Dated: November 24, 1997. way managers throughout the country decree, which was lodged with the Scott C. Fulton, and 15 supporters encompassing United States District Court for the Acting General Counsel. interests as diverse as major food District of Columbia by the United [FR Doc. 97–31571 Filed 12–1–97; 8:45 am] processors and stormwater management States Environmental Protection Agency BILLING CODE 6560±50±M agencies. Partner organizations Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63713 represent pesticide users. Supporter contact Crystal Rodgers of EPA’s Office Dated: November 25, 1997. organizations influence pesticide use or of Ground Water and Drinking Water at Donald G. Barnes, have an interest in pesticide issues. (202) 260–0676 or by e-mail at Staff Director, Science Advisory Board. In 1996, a National PESP Workshop [email protected]. [FR Doc. 97–31577 Filed 12–1–97; 8:45 am] was held in the Washington, DC area. At Dated: November 25, 1997. BILLING CODE 6560±50±P that workshop, many participants Cynthia C. Dougherty, suggested that regional workshops be held to provide for more one-on-one Director, Office of Ground Water and Drinking Water. ENVIRONMENTAL PROTECTION contact between members in smaller AGENCY groups. These workshops are in [FR Doc. 97–31572 Filed 12–1–97; 8:45 am] BILLING CODE 6560±50±P response to that request. The Agency [OPP±50836; FRL±5758±9] anticipates holding additional regional workshops in the future. ENVIRONMENTAL PROTECTION Receipt of an Application for an Topics to be discussed at the AGENCY Experimental Use Permit; Genetically workshops include: The development Engineered Microbial Pesticide and implementation of risk reduction strategies; results from funded PESP [FRL±5931±1] AGENCY: Environmental Protection projects; and the PESP grant process. Agency (EPA). There will be time for open discussion Science Advisory Board; Notification among the participants. A separate of Public Teleconference Meeting SUMMARY: This notice announces receipt session will be held immediately December 18, 1997. of an application (EUP No. 524-EUP-II) following the general session for any from Monsanto Company requesting an organizations interested in joining the Pursuant to the Federal Advisory experimental use permit for a program. Committee Act, Public Law 92–463, genetically engineered microbial plant- notice is hereby given that the Science pesticide CryIA(c) expressed in tomato List of Subjects Advisory Board’s (SAB) Executive plant cells. The Agency has determined Environmental protection. Committee, will conduct a public that the application may be of regional Dated: November 25, 1997. teleconference meeting on Thursday, and national significance. Therefore, in December 18, 1997, between the hours accordance with 40 CFR 172.11(a), the Janet L. Andersen, of 12:00 and 2:00 pm, Eastern Time. The Agency is soliciting public comments Director, Biopesticides and Pollution meeting will be coordinated through a on this application. Prevention Division, ffice of Pesticide conference call connection in Room Programs. DATES: Written comments must be 2103 of the Mall at the Environmental received on or before January 2, 1998. [FR Doc. 97–31735 Filed 12–1–97; 8:45 am] Protection Agency, 401 M Street SW, ADDRESSES: By mail, submit written BILLING CODE 6560±50±F Washington, DC 20460. The public is welcome to attend the meeting comments to: Public Information and physically or through a telephonic link. Records Integrity Branch, Information ENVIRONMENTAL PROTECTION Additional instructions about how to Resources and Services Division AGENCY participate in the conference call can be (7502C), Office of Pesticide Programs, Environmental Protection Agency, 401 [FRL±5930±7] obtained by calling Ms. Priscilla Tillery- Gadson at (202) 260–8414 by December M St., SW., Washington, DC 20460. In Notice Of Public Meeting on Drinking 12, 1997. person, deliver comments to: Rm. 1132, Water Analytical Methods CM #2, 1921 Jefferson Davis Highway, In this meeting the Executive Arlington, VA. Notice is hereby given that the Committee plans to review reports from Comments and data may also be Environmental Protection Agency (EPA) several of its Committees. Expected submitted electronically to: opp- is holding a public meeting on reports include: (1) Environmental [email protected]. Follow the December 16, 1997, for the purpose of Engineering Committee (EEC)—a) instructions under Unit II. of this summarizing the findings and other Review of the Toxic Release Inventory; document. No Confidential Business information discussed during the and b) Review of the Waste Research Information (CBI) should be submitted Protozoan Method Development Strategy; (2) Ecological Processes and through e-mail. Workshop held on October 20–22 in Effects Committee (EPEC)—Review of Information submitted as a comment Arlington, VA. EPA will present its the Ecological Research Strategy. Please concerning this document may be programmatic and regulatory needs for contact Ms. Tillery-Gadson a week prior claimed confidential by marking any improved protozoan methods, describe to the meeting to confirm that a given part or all of that information as CBI. a possible approach for defining method report will be reviewed. Information so marked will not be performance criteria, present current Any member of the public wishing disclosed except in accordance with status on the development of an further information concerning the procedures set forth in 40 CFR part 2. improved near-term Cryptosporidium meeting or wishing to submit comments A copy of the comment that does not analytical method, and discuss possible should contact Dr. Donald G. Barnes, contain CBI must be submitted for methods that may be available for future Designated Federal Official for the inclusion in the public record. regulations. Executive Committee, Science Advisory Information not marked confidential EPA is inviting all interested members Board (1400), U.S. Environmental will be included in the public docket by of the public to attend the meeting, Protection Agency, Washington DC EPA without prior notice. The public which will be held at RESOLVE, 1255 20460; telephone (202) 260–4126; FAX docket is available for public inspection 23rd Street, NW, Suite 275, Washington, (202) 260–9232; and via the INTERNET in Rm. 1132 at the Virginia address D.C. For further information regarding at [email protected]. Copies given above, from 8:30 a.m. to 4 p.m., agenda or other aspects of the meeting, of the relevant documents are available Monday through Friday, excluding legal members of the public are requested to from the same source. holidays. 63714 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

FOR FURTHER INFORMATION CONTACT: By excluding legal holidays. The official including the use of automated mail: Willie H. Nelson, PM 90, rulemaking record is located at the collection techniques or other forms of Biopesticides and Pollution Prevention Virginia address in ‘‘ADDRESSES’’ at information technology. Division (7511W), Office of Pesticide the beginning of this document. DATES: Written comments should be Programs, Environmental Protection Electronic comments can be sent submitted on or before January 2, 1998. Agency, 401 M St., SW., Washington, directly to EPA at: If you anticipate that you will be DC 20460. Office location, telephone [email protected] submitting comments, but find it number, and e-mail address: 5th floor Electronic comments must be difficult to do so within the period of CS #1, 2805 Crystal Drive, Arlington, submitted as an ASCII file avoiding the time allowed by this notice, you should VA, telephone: (703) 308–8682, e-mail: use of special characters and any form advise the contact listed below as soon [email protected]. of encryption. Comment and data will as possible. SUPPLEMENTARY INFORMATION: also be accepted on disks in ADDRESSES: Direct all comments to Judy I. Background Wordperfect 5.1/6.1 or ASCII file format. All comments and data in Boley, Federal Communications EPA has received an application from electronic form must be identified by Commission, Room 234, 1919 M St., Monsanto Company of St. Louis the docket control number ‘‘OPP– N.W., Washington, DC 20554 or via Missouri for an experimental use permit 50836.’’ Electronic comments on this internet to [email protected]. (EUP). This EUP application is assigned document may be filed online at many FOR FURTHER INFORMATION CONTACT: For EUP No. 524-EUP-II. The proposed Federal Depository Libraries. additional information or copies of the experiment involves the field testing of information collection(s), contact Judy the transgenic plant-pesticide CryIA(c) List of Subjects Boley at 202–418–0214 or via internet at expressed in tomato plant cells. The Environmental protection. [email protected]. program will involve field testing of a Dated: November 21, 1997. maximum of 500 acres of transgenic SUPPLEMENTARY INFORMATION: plantings in California, Florida, Georgia, Janet L. Andersen, and Puerto Rico. CryIA(c) is currently Director, Biopesticides and Pollution OMB Control No.: 3060–0192. registered for use on cotton (EPA Prevention Division, Office of Pesticide Title: Section 87.103, Posting station registration number 524–478). CryIA(c) Programs. license. is currently exempted from the [FR Doc. 97–31550 Filed 12–1–97; 8:45 am] Form No.: N/A. requirements of a tolerance under 40 BILLING CODE 6560±50±F Type of Review: Extension of a CFR 180.1154 and 180.1155; therefore, a currently approved collection. tolerance exemption is not needed for Respondents: Businesses or other for this product. FEDERAL COMMUNICATIONS profit; individuals or households; not- Testing will be conducted in the COMMISSION following states: California, Florida, for-profit institutions; state, local, or Georgia, and Puerto Rico. The purpose Notice of Public Information tribal governments. of this EUP is to test the efficacy of this Collection(s) Submitted to OMB for Number of Respondents: 47,800. active ingredient against target pests, Review and Approval Estimated Time Per Response: 0.25 conduct research for the better hours. understanding of resistance November 24, 1997. SUMMARY: The Federal Communications Frequency of Response: management, development of IPM Recordkeeping requirement. logistics, evaluate agronomic Commission, as part of its continuing performance and continue plant effort to reduce paperwork burden Cost to Respondents: N/A. breeding activities, and test marking invites the general public and other Total Annual Burden: 11,950 hours. potential of the fruit. The total acreage Federal agencies to take this Needs and Uses: The recordkeeping testing will be no more than 500, and opportunity to comment on the requirement contained in Section only a maximum of 138.9 grams of the following information collection(s), as 87.103 is necessary to demonstrate that active ingredient CryIA(c) will be required by the Paperwork Reduction all transmitters in the Aviation Service shipped, in the form of tomato seed Act of 1995, Public Law 104–13. An are properly licensed in accordance and/or transplants. agency may not conduct or sponsor a with the requirements of Section 301 of Plantings grown for agronomic collection of information unless it the Communications Act of 1934, as evaluation will be sold to processors. displays a currently valid control amended. The information is used by Seeds will be saved for future research number. No person shall be subject to the FCC Compliance and Information or planting by Monsanto. any penalty for failing to comply with Bureau personnel during inspections a collection of information subject to the and investigations to insure the II. Public Record and Electronic Paperwork Reduction Act (PRA) that Submissions particular station is licensed and does not display a valid control number. operated in compliance with applicable The official record for this action, as Comments are requested concerning (a) rules, statutes, and treaties. In the case well as the public version, has been whether the proposed collection of of aircraft stations, the information may established for this action under docket information is necessary for the proper be utilized for similar purposes by control number ‘‘OPP–50836’’ performance of the functions of the appropriate representatives of foreign (including comments and data Commission, including whether the governments when the aircraft is submitted electronically as described information shall have practical utility; operated in foreign nations. below). A public version of this record, (b) the accuracy of the Commission’s including printed, paper versions of burden estimate; (c) ways to enhance Federal Communications Commission. electronic comments, which does not the quality, utility, and clarity of the Magalie Roman Salas, include any information claimed as CBI, information collected; and (d) ways to Secretary. is available for inspection from 8:30 minimize the burden of the collection of [FR Doc. 97–31471 Filed 12–1–97; 8:45 am] a.m. to 4 p.m., Monday through Friday, information on the respondents, BILLING CODE 6712±01±P Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63715

FEDERAL ELECTION COMMISSION End Report on January 31, a Pre-Runoff coverage dates from February 19 Report on February 26, and a through March 31, 1998. [Notice 1997±16] consolidated Post-Runoff & April All principal campaign committees of Quarterly Report on April 9, 1998. Filing Dates for the California Special candidates in the Special General Election only and all other political Election FOR FURTHER INFORMATION CONTACT: committees not filing monthly which Ms. Bobby Werfel, Information Division, AGENCY: Federal Election Commission. support candidates in the Special 999 E Street, N.W., Washington, DC General Election shall file a 12-day Pre- ACTION: Notice of filing dates for special 20463, Telephone: (202) 219–3420; Toll election. General Report on January 2, with Free (800) 424–9530. coverage dates from the close of the last SUMMARY: California has scheduled a SUPPLEMENTARY INFORMATION: All report filed, or the date of the special election on January 13, 1998, to principal campaign committees of committee’s first activity, whichever is fill the U.S. House seat in the Twenty- candidates who participate in the later, through December 24; a Year-End Second Congressional District held by California Special General and Special Report on January 31, with coverage the late Congressman Walter Capps. Runoff Elections and all other political dates from December 25 through Should no candidate achieve a majority committees not filing monthly which December 31; and a Post-General Report vote, a Special Runoff Election will be support candidates in these elections on February 12, with coverage dates held on March 10, 1998, among the top shall file a 12-day Pre-General Report on from January 1 through February 2, vote-getters of each qualified political January 2, 1998, with coverage dates 1998. party, including qualified independent from the close of the last report filed, or All political committees not filing candidates. the day of the committee’s first activity, monthly which support candidates in Committees required to file reports in whichever is later, through December the Special Runoff only shall file a 12- connection with the Special General 24, 1997; a Year-End Report on January day Pre-Runoff Report on February 26, Election on January 13 should file a 12- 31, 1998, with coverage dates from with coverage dates from the last report day Pre-General Election Report on December 25 through December 31, filed or the date of the committee’s first January 2, 1998. Committees required to 1997; a Pre-Runoff Report on February activity, whichever is later, through file reports in connection with both the 26, 1998, with coverage dates from February 18, and a consolidated Post- Special General and Special Runoff January 1 through February 18, 1998; Runoff & April Quarterly Report on Election must file a 12-day Pre-General and a consolidated Post-Runoff & April April 9, with coverage dates from Election Report on January 2, a Year- Quarterly Report on April 9, 1998, with February 19 through March 31, 1998.

CALENDAR OF REPORTING DATES FOR CALIFORNIA SPECIAL ELECTION

Report Close of Reg./cert. Filing date books 1 mailing date 2

If Only the Special General Is Held (01/13/98), Committees Must File:

Pre-General ...... 12/24/97 12/29/97 3 01/02/98 Year-End ...... 12/31/97 01/31/98 01/31/98 Post-General ...... 02/02/98 02/12/98 02/12/98

If Two Elections Are Held, But a Committee Is Involved Only in the Special General (01/13/98)

Pre-General ...... 12/24/97 12/29/97 3 01/02/98 Year-End ...... 12/31/97 01/31/98 01/31/98

Committees Involved in the Special General (01/13/98) and Special Runoff (03/13/98) Must File

Pre-General ...... 12/24/97 12/29/97 3 01/02/98 Year-End ...... 12/31/97 01/31/98 01/31/98 Pre-Runoff ...... 02/18/98 02/23/98 02/26/98 Post-Runoff and April Quarterly 4 ...... 03/31/98 04/09/98 04/09/98

Committees Involved in the Special Runoff (03/10/98) Only Must File

Pre-Runoff ...... 02/18/98 02/23/98 02/26/98 Post-Runoff and April Quarterly 4 ...... 03/31/98 04/09/98 04/09/98 1 The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee's first activity. 2 Reports sent by registered or certified mail must be postmarked by the mailing date; otherwise, they must be received by the filing date. 3 The date has been adjusted because the computed date would have fallen on a Federal holiday. 4 Committees should file a consolidated Post-Runoff and April Quarterly Report by the filing date of the Post-Runoff Report.

Joan D. Aikens, FEDERAL MARITIME COMMISSION agreement(s) under the Shipping Act of Vice Chairman, Federal Election Commission. 1984. [FR Doc. 97–31464 Filed 12–1–97; 8:45 am] Notice of Agreement(s) Filed Interested parties can review or obtain BILLING CODE 6715±01±M copies of agreements at the Washington, The Commission hereby gives notice DC offices of the Commission, 800 of the filing of the following North Capitol Street, N.W., Room 962. 63716 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Interested parties may submit comments to CMA in the trade between U.S. South (BHC Act), Regulation Y (12 CFR Part on an agreement to the Secretary, Atlantic and Gulf ports, and inland 225), and all other applicable statutes Federal Maritime Commission, points via such ports, and Freeport, the and regulations to become a bank Washington, DC 20573, within 10 days Bahamas. The parties may also agree holding company and/or to acquire the of the date this notice appears in the upon the type and size of vessels assets or the ownership of, control of, or Federal Register. CAGEMA will operate in the trade as the power to vote shares of a bank or Agreement No.: 203–011279–005. well as CAGEMA’s sailing schedules, bank holding company and all of the Title: Caribbean and Central America port rotation, and ports to be served. banks and nonbanking companies Discussion Agreement. The parties have requested a shortened owned by the bank holding company, Parties: review period. including the companies listed below. Central America Discussion By Order of the Federal Maritime The applications listed below, as well Agreement Commission. as other related filings required by the Southeastern Caribbean Discussion Dated: November 25, 1997. Board, are available for immediate Agreement Joseph C. Polking, inspection at the Federal Reserve Bank Hispaniola Discussion Agreement indicated. The application also will be Secretary. U.S./Jamaica Discussion Agreement available for inspection at the offices of Venezuela American Maritime [FR Doc. 97–31490 Filed 12–1–97; 8:45 am] the Board of Governors. Interested Association BILLING CODE 6730±01±M persons may express their views in Caribbean Shipowners Association writing on the standards enumerated in Aruba Bonaire Curacao Liner the BHC Act (12 U.S.C. 1842(c)). If the FEDERAL MARITIME COMMISSION Association proposal also involves the acquisition of Inter-American Freight Conference a nonbanking company, the review also Venezuelan Discussion Agreement Ocean Freight Forwarder License includes whether the acquisition of the Puerto Rico/Caribbean Discussion Applicants nonbanking company complies with the Agreement Notice is hereby given that the standards in section 4 of the BHC Act. Synopsis: The proposed modification following applicants have filed with the Unless otherwise noted, nonbanking changes the name of the Agreement to Federal Maritime Commission activities will be conducted throughout the Western Hemisphere Discussion applications for licenses as ocean freight the United States. Agreement, expands the Agreement’s forwarders pursuant to section 19 of the Unless otherwise noted, comments geographic scope to include South Shipping Act of 1984 (46 U.S.C. app. regarding each of these applications America, deletes the Panam discussion 1718 and 46 CFR 510). must be received at the Reserve Bank Agreement as a party, and adds both the Persons knowing of any reason why indicated or the offices of the Board of Inter-American Freight Conference and any of the following applicants should Governors not later than December 29, the Venezuela Discussion Agreement as not receive a license are requested to 1997. parties to the Agreement. contact the Office of Freight Forwarders, A. Federal Reserve Bank of Boston Agreement No.: 206–011596. Federal Maritime Commission, (Richard Walker, Community Affairs Title: APL/MOL/HMM Reciprocal Washington, D.C. 20573. Officer) 600 Atlantic Avenue, Boston, Slot Exchange Agreement. Frontier International Forwarders, 6073 Massachusetts 02106-2204: Parties: N.W. 167 Street, Suite C–10, Miami, 1. Hoosac Financial Services, Inc., American President Lines, Ltd. FL 33015, Officer: Leylani del Valle, North Adams, Massachusetts; to become (‘‘APL’’) President a bank holding company by acquiring Hyundai Merchant Marine Co., Ltd. Superior Freight Services, Inc., 2600 100 percent of the voting shares of (‘‘HMM’’) East 81st Street, Bloomington, MN North Adams Hoosac Savings Bank, Mitsui O.S.K. Lines, Ltd. (‘‘MOL’’) 55425, Officers: Todd A. Nelson, North Adams, Massachusetts. Synopsis: The proposed Agreement President; Paul J. Goff, Vice President B. Federal Reserve Bank of New York authorizes HMM to use up to an Wimpex, Inc., 2983 Center Court, Eagan, (Betsy Buttrill White, Senior Vice annualized average of 6000 TEUs of MN 55121, Officers: Mark Culley, President) 33 Liberty Street, New York, space per week on vessels operated by President; Chris Mady, Vice President New York 10045-0001: either APL or MOL, and for APL and Globe Express Services, Ltd., 3801–F1 1. SNB Bancorp, Pine Plains, New MOL to use up to an annualized average Beam Road, Charlotte, NC 28217, York; to become a bank holding of 7000 TEUs per week on vessels Officers: Edouard T. Rassie, President; company by acquiring 100 percent of operated by HMM in the trade between Antoine G. Bikhazi, Vice President. the voting shares of The Stissing the Pacific Coast of the United States Dated: November 26, 1997. National Bank of Pine Plains, Pine and the Far East. The parties may also Joseph C. Polking, Plains, New York. interchange empty containers and agree Secretary. 2. Millbrook Bank Systems, Inc., upon sailing schedules, service Millbrook, New York; to become a bank [FR Doc. 97–31562 Filed 12–1–97; 8:45 am] frequency and the number, type and holding company by acquiring 100 size of vessels to be used. BILLING CODE 6730±01±M percent of the voting shares of Bank of Agreement No.: 232–011597. Millbrook, Millbrook, New York. Title: CAGEMA Gulf Express Slot 3. HUBCO, Inc., Mahwah, New Jersey; Charter Agreement. FEDERAL RESERVE SYSTEM to merge with Poughkeepsie Financial Parties: Formations of, Acquisitions by, and Corp., Poughkeepsie, New Jersey, and Caribbean General Maritime Ltd. Mergers of Bank Holding Companies thereby indirectly acquire Bank of The (‘‘CAGEMA’’) Hudson, FSB, Poughkeepsie, New Compagnie Maritime D’Affretement The companies listed in this notice Jersey. (‘‘CMA’’) have applied to the Board for approval, C. Federal Reserve Bank of Synopsis: The proposed Agreement pursuant to the Bank Holding Company Minneapolis (Karen L. Grandstrand, would permit CAGEMA to charter space Act of 1956 (12 U.S.C. 1841 et seq.) Vice President) 90 Hennepin Avenue, Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63717

P.O. Box 291, Minneapolis, Minnesota Regulation Y; financial and investment SUPPLEMENTARY INFORMATION: 55480-0291: advisory activities, pursuant to § 1. Glacier Bancorp, Inc., Kalispell, Title: Mail or Telephone Order 225.28(b)(6) of the Board’s Regulation Y; Merchandise Trade Regulation Rule, 16 Montana; to acquire 100 percent of the agency transactional services for voting shares of Glacier Bank, Kalispell, CFR Part 435—(OMB Control Number customer investments, pursuant to § 3084–0106)—Extension Montana, a de novo bank. In addition, 225.28(b)(7) of the Board’s Regulation Y; The Mail Order Merchandise Rule an existing subsidiary of Glacier and investment transactions as was promulgated in 1975 in response to Bancorp, Inc., Glacier Bank, FSB, principal, pursuant to § 225.28(b)(8) of consumer complaints that many Kalispell, Montana, will be merged into the Board’s Regulation Y. Glacier Bank and Glacier Bank will merchants were failing to ship mail become a state member bank. Board of Governors of the Federal Reserve order merchandise on time, failing to System, November 25, 1997. ship at all, or failing to provide prompt Board of Governors of the Federal Reserve System, November 25, 1997. Jennifer J. Johnson, refunds for unshipped merchandise. The Rule took effect on February 2, Jennifer J. Johnson, Deputy Secretary of the Board. 1976. A second rulemaking proceeding [FR Doc. 97–31467 Filed 12–1–97; 8:45 am] Deputy Secretary of the Board. in 1993 demonstrated that the delayed [FR Doc. 97–31468 Filed 12–1–97; 8:45 am] BILLING CODE 6210±01±F shipment and refund problems of the BILLING CODE 6210±01±F mail order industry were also being experienced by consumers who ordered merchandise over the telephone. The FEDERAL RESERVE SYSTEM FEDERAL TRADE COMMISSION Commission therefore amended the Rule, effective on March 1, 1994, to Notice of Proposals to Engage in Submission for OMB Review; include merchandise ordered by Permissible Nonbanking Activities or Comment Request to Acquire Companies that are telephone, including by fax or by computer through the use of a modem. Engaged in Permissible Nonbanking AGENCY: Federal Trade Commission. Activities Generally, the Rule requires a ACTION: Notice. merchant to: (1) have a reasonable basis The companies listed in this notice for any express or implied shipment have given notice under section 4 of the SUMMARY: The Federal Trade representation made in soliciting the Bank Holding Company Act (12 U.S.C. Commission (FTC or Commission) has sale; (2) ship within the time period 1843) (BHC Act) and Regulation Y, (12 submitted information collection promised, and if no time period is promised, within 30 days; (3) notify the CFR Part 225) to engage de novo, or to requirements associated with the Mail consumer and obtain the consumer’s acquire or control voting securities or or Telephone Order Merchandise Trade assets of a company that engages either consent to any delay in shipment; and Regulation Rule, 16 CFR Part 435, to the directly or through a subsidiary or other (4) make prompt and full refunds when Office of Management and Budget company, in a nonbanking activity that the consumer exercises a cancellation (OMB) for review and clearance under is listed in § 225.28 of Regulation Y (12 option or the merchant is unable to meet CFR 225.28) or that the Board has the Paperwork Reduction Act of 1995 the Rule’s other requirements. determined by Order to be closely (PRA) (44 U.S.C. 3501–3520). The FTC Under the notice provisions in the related to banking and permissible for previously solicited comments from the Rule, a merchant who is unable to ship bank holding companies. Unless public concerning these information within the promised shipment time or otherwise noted, these activities will be collection requirements, and provided 30 days must notify the consumer of a conducted throughout the United States. the information specified in 5 CFR revised date and of his or her right to Each notice is available for inspection 1320.5(a)(1)(iv). 62 FR 46498 cancel the order and obtain a prompt at the Federal Reserve Bank indicated. (September 3, 1997). No comments were refund. Delays beyond the revised The notice also will be available for received. The current OMB clearance for shipment date also trigger a notification inspection at the offices of the Board of these requirements expires on December requirement to consumers. When the Governors. Interested persons may 31, 1997. The FTC has requested that Rule requires the merchant to make a express their views in writing on the OMB extend the PRA clearance through refund and the consumer paid by credit question whether the proposal complies December 31, 2000. card, it also requires the merchant to with the standards of section 4 of the notify the consumer either that any BHC Act. DATES: Comments must be filed by charge to the consumer’s charge account Unless otherwise noted, comments January 2, 1998. will be reversed or that the merchant regarding the applications must be ADDRESSES: Send comments to the will take no action resulting in a charge. Burden statement: In its 1995 PRA received at the Reserve Bank indicated Office of Information and Regulatory submission to OMB, the FTC estimated or the offices of the Board of Governors Affairs, Office of Management and that 1,897 large businesses and 68,663 not later than December 15, 1997. Budget, New Executive Office Building, A. Federal Reserve Bank of New small businesses were covered by the Room 3228, Washington, D.C. 20530, York (Betsy Buttrill White, Senior Vice Rule, for a total of 70,560 businesses. As President) 33 Liberty Street, New York, ATTN: Edward Clarke, Desk Officer for stated in the agency’s 1995 submission, New York 10045-0001: the Federal Trade Commission. the conditional nature of some of the 1. Credit Commercial de France, S.A., Comments may also be sent to Elaine W. Rule’s requirements makes it difficult to Paris, France; to acquire International Crockett, Attorney, Office of the General quantify the exact PRA burden Finance Corporation, Paris, France, and Counsel, Room 598, 6th St. and involved. Nonetheless, the agency thereby engage in extending credit and Pennsylvania Ave., N.W. 20580, estimated that, at that time, 70,560 servicing loans, pursuant to § telephone: (202) 326–2453; fax: (202) businesses spent an average of 229.78 225.28(b)(1) of the Board’s Regulation Y; 326–2477; e-mail [email protected] hours per year on compliance with the activities related to extending credit, Rule, for a total estimate of 16,213,300 pursuant to § 225.28(b)(2) of the Board’s burden hours. In the September 3, 1997, 63718 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Federal Register notice, we calculated This entails reviewing consumer (OMB) a request to review and approve that established businesses would need complaints to determine whether a reinstatement of a previously 150 hours annually toward maintenance appropriate delay notification is being approved information collection of associated computer programs. We provided. The Rule allows merchants to requirement concerning GSA Board of have now reduced that figure further use as much or as little time as Contract Appeals Rules Procedure. A after determining that most maintenance necessary to assure that notification and request for public comments was and upkeep of computer systems would disclosure requirements are being met. published at 62 FR 49518, September be part of ordinary business practice in Companies employ a broad range of 22, 1997. No comments were received. the industry. The OMB regulation that energy, time, and resources for DATES: Comment Due Date: January 2, implements the PRA defines ‘‘burden’’ performing these tasks. Also, while 1998. to exclude any effort that would be established companies spend some time ADDRESSES: Comments regarding this expended regardless of any regulatory maintaining existing compliance burden estimate or any other aspect of requirement. 5 CFR 1320.3(b)(2). systems, their expenditures are only a this collection of information, including No provisions in the Mail or fraction of those by new businesses suggestions for reducing this burden, Telephone Order Merchandise Rule required to establish entirely new should be submitted to: Edward have been amended or changed in any systems. An exact figure is difficult to Springer, GSA Desk Officer, Room 3235, manner. All of the Rule’s requirements quantify; however, based on staff’s NEOB, Washington, DC 20503, and to relating to disclosure and notification familiarity with the industry, we have Marjorie Ashby, General Services remain the same. We have, however, determined that the average among the Administration (MVP), 1800 F Street reduced the 1995 total burden estimate industry is unlikely to be more than 50 NW, Washington, DC 20405. for the following reasons. hours per year. Most of the 1995 estimated burden FOR FURTHER INFORMATION CONTACT: Staff responsible for the Rule have Margaret Pfunder, Deputy Chief hours were associated with one-time also estimated that approximately 1,000 start up tasks associated with Counsel, GSA Board of Contract additional companies have entered the Appeals, (202) 501–0272. establishing implementing standard market since 1995 (for a total of 71,560 systems and processes. This is because incumbent firms) and that, due to SUPPLEMENTARY INFORMATION: the Rule had recently been amended (in escalating sales, approximately 1,000 A. Purpose 1994) to include the telephone order new companies will enter the market industry. The mail order industry, in during the coming year. We estimate The GSA is requesting the Office of contrast, had been subject to the basic that these 1,000 new companies will Management and Budget (OMB) to provisions of the Rule since 1976. Thus, each expend 230 hours per year (the reinstate information collection, 3090– most of the 230 burden hours that we 1995 figure of 229.78 rounded to 230) to 0221, concerning the GSA Board of estimated per firm related to the establish compliance measures Contract Appeals Rules Procedure. The development and installation of associated with system start-up, GSBCA requires the information computer systems to handle telephone although it could be argued once again collected in order to conduct ordering, and not to the maintenance of that most of these efforts would be proceedings in contract appeals and such systems. undertaken even absent the Rule. petitions, and cost applications. Parties As noted above, the OMB regulation include those persons or entities filing that implements the PRA defines Nonetheless, we have estimated the total burden imposed by the disclosure appeals, petitions, and cost ‘‘burden’’ to exclude any effort that applications, and government agencies. would be expended regardless of any and notification requirements at regulatory requirement. 5 CFR approximately 3,808,000 hours B. Annual Reporting Burden (1,000×230=230,000)+ 1320.3(b)(2). In past rulemaking × Respondents: 86; annual responses; proceedings, industry trade associations (71,560 50+3,578,000). 86; average hours per response: .20; and individual witnesses have testified Debra A. Valentine, burden hours: 10.2. that compliance with the Rule is now General Counsel. Copy of Proposal: A copy of this widely regarded by direct marketers as [FR Doc. 97–31728 Filed 12–1–97; 8:45 am] proposal may be obtained from the GSA being good business practice. The Rule’s BILLING CODE 6750±01±P Acquisition Policy Division (MVP), notification requirements would be Room 4011, GSA Building, 1800 F followed in any event by most Street NW, Washington, DC 20405, or by merchants to meet consumer GENERAL SERVICES telephoning (202) 501–3822, or by expectations with respect to timely ADMINISTRATION faxing your request to (202) 501–3341. shipment, notification of delay, and [OMB Control No. 3090±0221] Dated: November 24, 1997. prompt and full refunds. Providing Ida M. Ustad, consumers with notice about the status Proposed Collection; GSA Board of Deputy Associate Administrator, Office of of their orders encourages repeat Contract Appeals Rules Procedure Acquisition Policy. purchase behavior that is essential to [FR Doc. 97–31487 Filed 12–1–97; 8:45 am] the survival of direct mail or telephone AGENCY: GSA Board of Contract Appeals order businesses. (GSBCA), GSA. BILLING CODE 6820±61±M Also, the industry is highly ACTION: Notice of request for public automated; notices are produced comments regarding reinstatement to a mechanically and little labor is DEPARTMENT OF HEALTH AND previously approved OMB clearance HUMAN SERVICES involved. Nonetheless, even for (3090–0221). established businesses, there may be Notice of a Meeting of the Genetics SUMMARY: some burden attributable strictly to the Under the provisions of the Subcommittee, National Bioethics existence of the rule. For example, some Paperwork Reduction Act of 1995 (44 Advisory Commission (NBAC) merchants rely on contractors to handle U.S.C. Chapter 35), the Office of orders and must therefore monitor how Acquisition Policy has submitted to the SUMMARY: Pursuant to Section 10(d) of the contractor complies with the Rule. Office of Management and Budget the Federal Advisory Committee Act, as Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63719 amended (5 U.S.C. Appendix 2), notice Rockville, Maryland 20892–7508, Simmons, Committee Management Officer, is given of a meeting of the Genetics telephone 301–402–4242, fax number Agency for Health Care Policy and Research, Subcommittee of the National Bioethics 301–480–6900. Suite 400, Executive Office Center, 2101 East Advisory Commission. The Jefferson Street, Rockville, Maryland 20852, Dated: November 25, 1997. Telephone (301) 594–1452 ext. 1627. subcommittee members will continue Henrietta D. Hyatt-Knorr, Agenda items for all meetings are subject addressing issues concerning genetics Deputy Executive Director, National Bioethics to change as priorities dictate. and genetic testing. The meeting is open Advisory Commission. Dated: November 25, 1997. to the public and opportunities for [FR Doc. 97–31463 Filed 12–1–97; 8:45 am] John M. Eisenberg, statements by the public will be provided. BILLING CODE 4160±17±P Administrator. [FR Doc. 97–31589 Filed 12–1–97; 8:45 am] DATES: Tuesday, December 9, 1997, 7:30 BILLING CODE 4160±90±M a.m. to 3:30 p.m. DEPARTMENT OF HEALTH AND LOCATION: The subcommittee will HUMAN SERVICES meet at the Crystal City Marriott Hotel, DEPARTMENT OF HEALTH AND 1999 Jefferson Davis Highway, Agency for Health Care Policy and HUMAN SERVICES Arlington, Virginia 22202. Research SUPPLEMENTARY INFORMATION: The Centers for Disease Control and President established the National Notice of Meeting Prevention Bioethics Advisory Commission (NBAC) In accordance with section 10(a) of [INFO±98±05] by Executive Order 12975 on October 3, the Federal Advisory Committee Act (5 1995. The mission of the NBAC is to U.S.C., Appendix 2) announcement is Proposed Data Collections Submitted advise and make recommendations to made of the following special emphasis for Public Comment and the National Science and Technology panel scheduled to meet during the Recommendations Council and other entities on bioethical month of December 1997: issues arising from the research on In compliance with the requirement Name: Health Care Policy and Research of Section 3506(c)(2)(A) of the human biology and behavior, and in the Special Emphasis Panel. applications of that research including Date and Time: December 10–11, 1997, Paperwork Reduction Act of 1995 for clinical applications. 8:00 a.m. opportunity for public comment on proposed data collection projects, the Tentative Agenda Place: Doubletree Hotel, 1750 Rockville Pike, Conference Room TBA, Rockville, Centers for Disease Control and The subcommittee will continue Maryland 20852. Prevention (CDC) will publish periodic discussion on issues surrounding tissue Open December 10, 1997, 8:00 a.m. to 8:30 summaries of proposed projects. To samples including what they are, how a.m. request more information on the they are collected and stored; the moral Closed for remainder of meeting. proposed projects or to obtain a copy of decisions involved in donation; Purpose: This Panel is charged with the data collection plans and religious, ethnic, and cultural conducting the initial review of grant applications for research and demonstration instruments, call the CDC Reports differences in attitudes; and other projects on the use of measurements in Clearance Officer on (404) 639–7090. related issues. improving the quality of health care. Comments are invited on: (a) Whether the proposed collection of information Public Participation Applications are sought in three areas: (1) methods and measures to allow translation of is necessary for the proper performance The meeting is open to the public scientific information about medical care into of the functions of the agency, including with attendance limited by the quality measures and strategies to improve whether the information shall have availability of space. Members of the clinical practice; (2) studies of the practical utility; (b) the accuracy of the public who wish to present oral relationship between organizational change agency’s estimate of the burden of the and quality measurement and improvement statements should contact Ms. Patricia proposed collection of information; (c) Norris by telephone, fax machine, or in health care; and (3) studies of the use of information derived from measurement about ways to enhance the quality, utility, and mail as shown below as soon as quality of care by consumers, patients, clarity of the information to be possible, prior to the meeting. The Chair employers, providers, and insurers to make collected; and (d) ways to minimize the of the subcommittee will reserve time decisions. burden of the collection of information for presentations by persons requesting Agenda: The open session of the meeting on respondents, including through the an opportunity to speak. The order of on December 10 from 8:00 a.m. to 8:30 a.m. use of automated collection techniques speakers will be assigned on a first come will be devoted to a business meeting for other forms of information first serve basis. Individuals unable to covering administrative matters and reports. technology. Send comments to Wilma During the closed sessions, the Panel will be make oral presentations are encouraged Johnson, CDC Reports Clearance Officer, to mail or fax their comments to the reviewing and discussing grant applications dealing with health services research issues. 1600 Clifton Road, MS–D24, Atlanta, NBAC at least two business days prior In accordance with the Federal Advisory GA 30333. Written comments should be to the meeting for distribution to the Committee Act, section 10(d) of 5 U.S.C., received within 60 days of this notice. subcommittee members and inclusion Appendix 2 and 5 U.S.C., 552b(c)(6), the in the record. Administrator, Agency for Health Care Policy Proposed Projects Persons needing assistance, such as and Research, has made a formal 1. National Exposure Registry (0923– sign language interpretation or other determination that these latter sessions will 0006)—Extension—The information special accommodations, should contact be closed because the discussions are likely collected is part of the Agency for Toxic NBAC staff at the address or telephone to reveal personal information concerning Substances’ on-going National Exposure number listed below as soon as possible. individuals associated with the applications. This information is exempt from mandatory Registry (NER)—a database composed of FOR FURTHER INFORMATION CONTACT: Ms. disclosure. a listing of persons, along with health Patricia Norris, National Bioethics Anyone wishing to obtain a roster of and demographic information, with Advisory Commission, MSC–7508, 6100 members, minutes of the meeting, or other documented exposure to selected toxic Executive Boulevard, Suite 5B01, relevant information should contact Sheila S. substances subregistries). The NER was 63720 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices created in response to a Congressional exposed populations, this for ending that chemical specific Superfund mandate to create a registry environmentally-exposed population subregistry have been met. The of persons with exposure to hazardous has extremely vulnerable components questionnaire is administered (usually substances and a registry of persons such as pregnant women, the elderly, in a personal interview) at baseline; the with illness or health problems as a those with compromised health, and same questionnaire is administered result of exposure to hazardous children. (using computer assisted interviews) to substances. The mandate was created Since the adverse health effects are each registrant longitudinally. The data because there is little or no information not known, neither is the latency period is compared to national norms at each available about the potential health for the potential health effects. collection and intrafile comparisons are effects of low-level, long-term exposure Therefore, the NER is a longitudinal made over multiple collections. Other to hazardous substances on a general project: a baseline and biennial follow- than their time to participate, there is no population—such as is found at waste ups that will continue until all parties cost to respondents. The period sites. Unlike most occupationally involved agree the established criteria requested is for 3 years.

Avg. bur- No. of re- No. of re- den/re- Total bur- Respondents spondents sponses/re- sponse (in den (in hrs.) spondent hrs.)

Established Registrants ...... 7,333 1 0.25 1,833 New Registrants ...... 4,300 1 .5 2,150

Total ...... 3,983

Dated: November 25, 1997. Proposed Projects determines whether they warrant more Wilma G. Johnson, 1. Health Hazard Evaluations/ detailed studies. Approximately 50% of Acting Associate Director for Policy Planning Technical Assistance and Emerging the field investigations involve And Evaluation, Centers for Disease Control Problems (0920–0260)— interviews or the administration of a and Prevention (CDC). Reinstatement—In accordance with its questionnaire to the workers. Each [FR Doc. 97–31533 Filed 12–1–97; 8:45 am] mandates under the Occupational Safety questionnaire is specific to that worksite BILLING CODE 4163±18±P and Health Act of 1970 and the Federal and its suspected diseases and/or Mine Safety and Health Act of 1977, the hazards; however, questionnaires are National Institute for Occupational derived from standard medical DEPARTMENT OF HEALTH AND Safety and Health (NIOSH) responds HUMAN SERVICES evaluation techniques. NIOSH each year to approximately 400 requests distributes interim and final reports of Centers for Disease Control and for health hazard evaluations to identify the investigations, excluding personal Prevention potential chemical, biological, or identifiers, to requesters, employers, physical hazards at the workplace. employee representatives, the [30DAY±05±98] Approximately half of these requests Department of Labor (OSHA and require that NIOSH conduct a ‘‘short- Agency Forms Undergoing Paperwork MSHA), and, as appropriate, other state term’’ field study to adequately address Reduction Act Review and federal agencies. Following the the issues raised by the requestor. Since completion of field investigations, 1970, more than 10,000 of these studies The Centers for Disease Control and NIOSH plans to administer telephone Prevention (CDC) publishes a list of have been completed. The main purpose follow-back questionnaires to employer information collection requests under of these studies is to help employers and employee representatives at each review by the Office of Management and and employees identify and eliminate Budget (OMB) in compliance with the occupational health hazards. Ninety-five site to assess program effectiveness and Paperwork Reduction Act (44 U.S.C. percent of these investigations respond identify areas for improvement. Because Chapter 35). To request a copy of these to specific requests for assistance from of the large volume of investigations requests, call the CDC Reports Clearance employers, employees, employee conducted each year, the need to Office on (404) 639–7090. Send written representatives, or other government quickly respond to requests for comments to CDC, Desk Officer; Human agencies. The remaining investigations assistance, and the diverse nature of Resources and Housing Branch, New are short-term field investigations these investigations, NIOSH requests Executive Office Building, Room 10235; initiated by NIOSH because it received clearance for data collection in these Washington, DC 20503. Written information that a chemical, biological, investigations. The total annual burden comments should be received on or or a physical agent may be hazardous to hours are 4,095. before January 2, 1998. workers. In these studies, NIOSH

Avg. bur- Number of Number of den/re- Respondents respondents responses/ sponse (in respondent hrs.)

Employees (initial interviews) ...... 4,200 1 .25 Employees (questionnaires, interviews) ...... 5,250 1 .50 Employees (follow-back questionnaires) ...... 420 1 .50 Employers (follow-back questionnaires) ...... 420 1 .50 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63721

Wilma G. Johnson, Reduction Project, 725 17th Street, Dated: November 24, 1997. Acting Associate Director for Policy Planning N.W., Washington, D.C. 20503, Attn: Bob Sargis, and Evaluation, Centers for Disease Control Ms. Wendy Taylor. Acting Reports Clearance Officer. and Prevention (CDC). Dated: November 25, 1997. [FR Doc. 97–31469 Filed 12–1–97; 8:45 am] [FR Doc. 97–31532 Filed 12–1–97; 8:45 am] Robert Sargis, BILLING CODE 4184±01±M BILLING CODE 4163±18±P Acting Reports Clearance Officer. [FR Doc. 97–31466 Filed 12–1–97; 8:45 am] DEPARTMENT OF HEALTH AND BILLING CODE 4184±01±M DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES Food and Drug Administration Administration for Children and DEPARTMENT OF HEALTH AND Families HUMAN SERVICES [Docket No. 97N±0260] Submission for OMB Review; Administration for Children and Agency Information Collection Comment Request Families Activities; Submission for OMB Title: Temporary Assistance for Needy Submission for OMB Review; Review; Comment Request Families (TANF) Tribal Plan. Comment Request OMB No.: 0970–0157. AGENCY: Food and Drug Administration, Description: This information Title: Request for State Data to HHS. collection is authorized by section 412 Determine the Tribal Family Assistance ACTION: Notice. of the Social Security Act, as amended Grant Amount. OMB No.: New request. by the Personal Responsibility and SUMMARY: The Food and Drug Work Opportunity Reconciliation Act. It Description: This information collection will be used to request data Administration (FDA) is announcing consists of an outline of how an Indian that the proposed collection of tribe’s Temporary Assistance for Needy from States that will be used to determine the amount of Tribal Family information listed below has been Families (TANF) program will be Assistance Grants. The data requested is submitted to the Office of Management administered and operated. It will be the data required to be used by Section and Budget (OMB) for review and used to determine whether the plan is 412(a)(1)(B) of the Social Security Act, clearance under the Paperwork approvable and that the Indian tribe is as amended by the Personal Reduction Act of 1995 (the PRA). eligible to receive a TANF grant. Respondents: Tribal Governments. Responsibility and Work Opportunity DATES: Submit written comments on the Reconciliation Act of 1996. information collection by January 2, Respondents: State Governments. ANNUAL BURDEN ESTIMATES 1998. ANNUAL BURDEN ESTIMATES ADDRESSES: Submit written comments on the collection of information to the Instrument ...... (1) Office of Information and Regulatory Number of Respondents ...... 18 Affairs, OMB, New Executive Office Number of Responses per Respond- Instrument ...... (1) Bldg., 725 17th St. NW., rm. 10235, ent ...... 1 Number of respondents ...... 18 Number of responses per respond- Washington, DC 20503, Attn: Desk Average Burden Hours per Re- Officer for FDA. sponse ...... 60 ent ...... 1 Average burden hours per response 42 FOR FURTHER INFORMATION CONTACT: Total Burden Hours ...... 1,080 Total burden hours ...... 756 Mark L. Pincus, Office of Information 1 1 Tribal Plan. Request. Resources Management (HFA–80), Food Estimated Total Annual Burden Hours: Estimated Total Annual Burden Hours: 756. and Drug Administration, 5600 Fishers 1,080. Lane, rm. 16B–31, Rockville, MD 20857, Additional Information: 301–827–1471. Additional Information Copies of the proposed collection may Copies of the proposed collection may be obtained by writing to The SUPPLEMENTARY INFORMATION: In be obtained by writing to The Administration for Children and compliance with section 3507 of the Administration for Children and Families, Office of Information Services, PRA (44 U.S.C. 3507), FDA has Families, Office of Information Services, Division of Information Resource submitted the following proposed Division of Information Resource Management Services, 370 L’Enfant collection of information to OMB for Management Services, 370 L’Enfant Promenade, S.W., Washington, D.C. review and clearance: Promenade, S.W., Washington, D.C. 20447, Attn: ACF Reports Clearance Customer/Partner Satisfaction Surveys 20447, Attn: ACF Reports Clearance Officer. Officer. OMB Comment: OMB is required to Under section 903 of the Federal make a decision concerning the Food, Drug, and Cosmetic Act (21 U.S.C. OMB Comment collection of information between 30 393), FDA is authorized to conduct OMB is required to make a decision and 60 days after publication of this research relating to regulated articles concerning the collection of information document in the Federal Register. and to conduct educational and public between 30 and 60 days after Therefore, a comment is best assured of information programs relating to the publication of this document in the having its full effect if OMB receives it responsibilities of the agency. Executive Federal Register. Therefore, a comment within 30 days of publication. Written Order 12862, entitled ‘‘Setting Customer is best assured of having its full effect comments and recommendations for the Service Standards,’’ directs Federal if OMB receives it within 30 days of proposed information collection should agencies that ‘‘provide significant publication. Written comments and be sent directly to the following: Office services directly to the public’’ to recommendations for the proposed of Management and Budget, Paperwork ‘‘survey customers to determine the information collection should be sent Reduction Project, 725 17th Street, kind and quality of services they want directly to the following: Office of N.W., Washington, D.C. 20503, Attn: and their level of satisfaction with Management and Budget, Paperwork Ms. Kristie Guillory. existing services.’’ FDA is seeking OMB 63722 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices clearance to conduct a series of surveys partner surveys of State and local resolution in the context of individual to implement Executive Order 12862. governments. programs. FDA will use the information Participation in the surveys will be In the Federal Register of July 15, gathered through these surveys to voluntary. This request covers customer 1997 (62 FR 37923), FDA invited identify strengths and weaknesses in service surveys of regulated entities, comments on this proposed collection such as food processors; cosmetic, drug, service provided to customers and partners and to make improvements in of information. FDA received no biologic and medical device comments in response to this notice. manufacturers; consumers; and health it. The surveys will assess timeliness, FDA estimates the burden of this professionals. The request also covers appropriateness, accuracy of information, courtesy, and problem collection of information as follows:

TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN1

Annual Type of Survey No. of Frequency per Hours per Total Hours Respondents Response Response

Mail/telephone surveys 29,040 1 0.09 2,614 Total 29,040 1 0.09 2,614 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

These estimates are based on Interior; Washington, DC 20503; and a contained in Service regulations in experience with other surveys FDA has copy of the comments should be sent to Chapter I, Subchapter B of Title 50 of conducted, and they have been adjusted the Information Collection Clearance the Code of Federal Regulations (CFR). downward since the July 15, 1997, Officer, U.S. Fish and Wildlife Service, Common permit application and record notice because the agency plans to MS 224–ARLSQ; 1849 C Street, NW., keeping requirements have been conduct fewer surveys than previously Washington, DC 20240. consolidated in 50 CFR 13, and unique anticipated. In addition, the agency does FOR FURTHER INFORMATION CONTACT: requirements of the various statutes in not believe that focus groups will be Phyllis H. Cook, Service Information separate parts as identified below. necessary for effective implementation Collection Clearance Officer, 703/358– The Service has redesigned the of Executive Order 12862. 1943; 703/358–2269 (fax). standard license/permit application Dated: November 23, 1997. SUPPLEMENTARY INFORMATION: The form 3–200 to assist persons in applying William K. Hubbard, Service has submitted the following for Service permits issued under Associate Commissioner for Policy information collection requirements to Subchapter B. Under the present Coordination. OMB for review and approval under the clearance, the Service consolidated all [FR Doc. 97–31586 Filed 12–1–97; 8:45 am] Paperwork Reduction Act of 1995, requirements in one submission, and they were assigned OMB Approval BILLING CODE 4160±01±F Public Law 104–13. Comments are invited on (1) whether the collection of Number 1018–0022, the Federal Fish information is necessary for the proper and Wildlife License/Permit and performance of the functions of the Related Reports. In an attempt to take DEPARTMENT OF THE INTERIOR agency, including whether the the application process more ‘‘user friendly,’’ and to aid the public in Fish and Wildlife Service information will have practical utility; (2) the accuracy of the agency’s estimate commenting on specific license/permit Information Collection Submitted to of the burden of the collection of requirements without having to the Office of Management and Budget information; (3) ways to enhance the comment on the entire package, similar (OMB) for Reinstatement Approval quality, utility, and clarity of the types of permits have been grouped under the Paperwork Reduction Act information to be collected; and, (4) together and numbered. The permits ways to minimize the burden of the have been divided into four groups: ACTION: Notice. collection of information on migratory bird permits, law respondents, including through the use enforcement, endangered species and SUMMARY: The collection of information of appropriate automated, electronic, Office of Management Authority. The listed below has been submitted to OMB mechanical, or other technological application to apply for Service permits for approval under the provisions of the collection techniques or other forms of issued under Subchapter B of 50 CFR, Paperwork Reduction Act. Copies of the information technology. will still require completion of the proposed information collection The information collection Service form 3–200, which has been requirement, related forms, and requirements in this submission revised and renumbered and is now explanatory material may be obtained implement the regulatory requirements Service form 3–200–1. In addition to the by contacting the Service Information of the Endangered Species Act (16 permit application, attachments are Collection Clearance Officer at the U.S.C. 1539), the Migratory Bird Treaty often necessary to provide additional address listed below. Act (16 U.S.C. 704), the Lacey Act (18 information required for each specific DATES: Comments must be submitted on U.S.C. 42–44), the Bald Eagle Protection type of permit, and these attachments or before January 2, 1998. Act (16 U.S.C. 668), the Convention on have been assigned numbers, e.g., 3– ADDRESSES: Comments and suggestions International Trade in Endangered 200–2. on the requirement should be sent Species of Wild Fauna and Flora, The information to be supplied on the directly to the Office of Information and (CITES) (27 UST 108), the Marine application form and the attachments Regulatory Affairs; Office of Mammal Protection Act (16 U.S.C. will be used to review the application Management and Budget; Attention: 1374), and the Wild Bird Conservation and allow the Service to make Desk Officer for the Department of the Act of 1992, contained, or will be decisions, according to criteria Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63723 established in various Federal wildlife would otherwise be prohibited by the 17.22[c] and 17.32[c] will be conservation statutes and regulations on ESA. redesignated 17.22 [e] and 17.32[e], the issuance, suspension, revocation, or 2. Native Endangered and Threatened respectively, to allow insertion of the denial of permits. The obligation to Species—Recovery and Interstate new subsections). Currently, Part 17.22 respond is, ‘‘required to obtain a Commerce. Service form number 3– [a] and [b] contain application benefit.’’ An agency may not conduct or 200–55 addresses application and requirements, issuance, criteria, and sponsor a collection of information reporting information requirements for permit conditions for permits for unless the collection of information Interstate Commerce and for Scientific scientific research, enhancement of displays a currently valid OMB control Research permits under Section propagation and survival, and number. The following requirements are 10[a][1][A] of the ESA. Interstate incidental take. The regulations for included in this submission: Commerce permits allow transport and which this information collection 1. Native Endangered/Threatened sale of listed species across State lines clearance is sought, have not yet been Species—Incidental Take. The as part of breeding programs enhancing promulgated. regulations in 50 CFR 17.22[b][1] & [3] the survival of the species. Scientific and 17.32[b][1] & [3], and the parts Research permits allow ‘‘take’’ of listed Service form number 3–200–54 listed below, implement the Endangered species as part of research and addresses application requirements for Species Act (ESA), except for those management actions, enhancement of permits for enhancement of survival provisions in the ESA concerning the propagation or survival, or zoological through safe harbor and candidate Convention on International Trade in exhibition, or educational purposes, or conservation agreements. The permittee Endangered Species of Fauna and Flora, special purposes consistent with the will be required to notify the Service of for which regulations are provided in ESA designed to benefit the species any transfer of lands subject to the Safe Part 23 of this subchapter. The ESA involved. Detailed descriptions of the Harbor Agreement so that any provides for the protection of listed proposed taking, its necessities for landowners may be offered the species through establishments of success of the proposed action, and opportunity to continue the actions programs for their recovery and through benefits to the species resulting from the which the original landowner agreed to prohibition of harmful activities. proposed action are required under the and thus he or she may be offered the The ESA also provides for a number implementing regulations cited above. same legal assurances. A major of exceptions against ‘‘take’’ of listed Take authorized under this permit incentive for landowner participation in species. The Federal regulations cited program would otherwise be prohibited the Safe Harbor program is the long- above have been promulgated to guide by the ESA. term certainty the program provides, implementation of these exceptions to 3. Safe Harbor and Candidate including the certainty that the the ‘‘take’’ prohibitions through Conservation Agreements. The ESA incidental takes authorization will stay permitting programs. Form 3–200–56, provides number of exceptions to its with the land when it changes hands. was developed to facilitate collection of prohibitions against ‘‘take’’ of listed The Service also requires the permittee/ information required by these species. Regulations have not been landowner to notify the Service as far in regulations. promulgated at 50 CFR 17.22 advance as possible when he or she Form 3–200–56 addresses (endangered species) and 17.32 expects to incidentally take any species applications and reporting requirements (threatened species) to guide covered under the permit and provide for Incidental Take Permits under implementation of these exceptions to Section 10[a][1][B] of ESA. These the ‘‘take’’ prohibitions through the Service with an opportunity to permits will allow ‘‘take’’ of listed permitting programs. However, a translocate affected individual species that is incidental to otherwise proposed rule was published in the specimens if possible and appropriate. lawful non-federal actions. Take Federal Register on June 12, 1997 (62 Description of respondents: authorized under this permit program FR 32189). (NOTE: The current Part Individuals and households.

BURDEN ESTIMATE FOR THE FEDERAL FISH AND WILDLIFE LICENSE/PERMITÐENDANGERED SPECIES

Number of Completion Annual bur- Permit/report respondents time den

Safe Harbor & Candidate Agreements, 3±200±54 ...... 50 2.5 125 Annual Report ...... 150 5.0 750 Native E/T Species Recovery & Comm. 3±200±55 ...... 525 2.0 1,050 Annual Report ...... 100 2.0 200 Native E/T Species Incidental Take 3±200±56 ...... 100 2.5 250 Annual Report ...... 350 5.0 1,750

Totals ...... 1,275 ...... 4,125 63724 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Dated: November 25, 1997. DEPARTMENT OF THE INTERIOR available for public review. Individual Gerry A. Jackson, respondents may request Acting Assistant Director—Ecological Bureau of Land Management confidentiality. If you wish to withhold Services. [(CA±067±7122±6606); CACA±35511] your name or street address from public [FR Doc. 97–31491 Filed 12–1–97; 8:45 am] review or from disclosure under the Freedom of Information Act, you must BILLING CODE 4310±55±P Environmental Statements; Availability, Etc.; Imperial Project state this prominently at the beginning Proposed Gold Mining/Processing of your written comment. Such requests DEPARTMENT OF THE INTERIOR Operation; Imperial County will be honored to the extent allowed by law. All submissions from organizations AGENCY: Bureau of Land Management. Bureau of Land Management or business, and from individuals ACTION: Notice of availability of the identifying themselves as Imperial Project Draft Environmental representatives or officials of [AZ±933±1990±00] Impact Statement on the Imperial organization or businesses, will be made Project Proposed Gold Mining/ Notice of Availability of the Finding of available for public inspection in their Processing Operation, Imperial County. No Significant Impact and the entirety. Programmatic Environmental SUMMARY: Notice is hereby given of the Dated: November 24, 1997. Assessment for Selected Actions for availability of the joint Draft Alan Stein, Mining Claim Use and Occupancy in Environmental Impact Statement/ Acting District Manager. Arizona Impact Report (DEIS/EIR) prepared by [FR Doc. 97–31478 Filed 12–1–97; 8:45 am] the Bureau of Land Management and the BILLING CODE 4310±40±M AGENCY: Bureau of Land Management, County of Imperial for a 60-day public Interior. review. DATES: Written comments must be DEPARTMENT OF THE INTERIOR ACTION: Notice of availability. received no later than January 27, 1998. Minerals Management Service ADDRESSES: Written comments should SUMMARY: In accordance with the be addressed to the Area Manager, Attn: National Environmental Policy Act of Agency Information Collection Imperial Project, El Centro Resource Activities: Approved Collections 1969 (NEPA), and Use and Occupancy Area, 1661 South Fourth St., El Centro, Under the Mining Laws regulations (43 California 92243. AGENCY: Minerals Management Service CFR 3715), the Bureau of Land FOR FURTHER INFORMATION CONTACT: (MMS), Interior. Management (BLM) has prepared an Douglas Romoli (909) 697–5237. ACTION: Notice of approval of environmental assessment (EA) that SUPPLEMENTARY INFORMATION: The information collections (1010–0006 and evaluates the impacts of typical mining Imperial Project is a proposal by Glamis 1010–0050). claim and/or millsite occupancies. This Imperial Corporation (a sister EA describes and analyzes the proposed corporation of the former project SUMMARY: As part of its continuing effort action, consisting of seven typical applicant Chemgold Inc.) to develop an to reduce paperwork and respondent occupancy scenarios, and the no action open-pit, gold mining operation burden, this notice informs the public option. The BLM provided a 30-day utilizing a heap leach process. Located and other Federal agencies of the comment period. Analysis and response in eastern Imperial County, California, approval by the Office of Management to the comments received have been approximately 45 miles northeast of El and Budget (OMB) of two collections of incorporated into the present document Centro, California and 20 miles information. The Paperwork Reduction and the final Finding of No Significant northwest of Yuma, Arizona, the Act of 1995 (PRA) provides that an Impact (FONSI). proposed project area comprises agency may not conduct or sponsor, and approximately 1,625 acres. Up to 150 a person is not required to respond to, DATES: Copies of the EA and the Finding million tons of ore would be leached, a collection of information unless it of No Significant Impact will be and 300 million tons of waste rock displays a currently valid OMB control provided to any person, agency, or other would be deposited at the proposed number. interested parties, upon request. waste rock stockpiles or the mined-out ADDRESSES: Direct all correspondence to ADDRESSES: Requests for copies should portions of the three planned open pits. the Rules Processing Team, Minerals be addressed to: Bureau of Land The maximum average mining rate Management Service, Mail Stop 4020, Management, Arizona State Office, AZ- would be 130,000 tons per day. Five 381 Elden Street, Herndon, VA 20170– 933, 222 North Central Avenue, alternatives besides the proposed action 4817. Phoenix, AZ 85004–2203. were analyzed in the DEIS/EIR. Impacts FOR FURTHER INFORMATION CONTACT: on air quality, noise, groundwater, Alexis London, Rules Processing Team, FOR FURTHER INFORMATION CONTACT: vegetation, desert tortoise among other telephone (703) 787–1600. You may also Ralph Costa, Mining Engineer, Arizona resources were analyzed. Impacts on contact Alexis London to obtain a copy State Office. Telephone: (602) 417–9349. cultural resources and Native America of these collections of information. Dated: November 19, 1997. values were identified. Two public SUPPLEMENTARY INFORMATION: Titles: 30 Gary D. Bauer, hearings have been scheduled: CFR 250, Subpart J, Pipelines and Associate State Director. December 10, 1997 at 7:00 p.m., Comfort Pipeline Rights-of-Way; and 30 CFR Part Inn, 8000 Parkway Drive, La Mesa, CA 256, Leasing of Sulphur or Oil and Gas [FR Doc. 97–31474 Filed 12–1–97; 8:45 am] December 11, 1998 at 7:00 p.m., Barbara in the Outer Continental Shelf. OMB BILLING CODE 4310±32±P Worth Country Club, 2050 Country Control Numbers: 1010–0050 and 1010– Club Dr., Holtville, CA 0006. Comments, including names and Abstract: On July 24, 1997 MMS street addresses of respondents, will be published a final rule on Pipeline Right- Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63725 of-Way Applications and Assignment North Carolina TIME AND DATE: December 2, 1997 at 2:30 Fees; Requirements for Filing of Lease Mecklenburg County, Potts Plantation, (Rural p.m. Transfers (RIN 1010–AC04, 62 FR Mecklenburg County MPS), S of Davidson, PLACE: Room 101, 500 E Street S.W., 39773). The final rule became effective SW of Cornelius, between NC 2693 and NC Washington, DC 20436. 115, Cornelius vicinity, 97001561. on September 22, 1997. In the preamble STATUS: Open to the public. to the final rule, MMS stated that the Watauga County, Wilson—Vines House, 3400 information collection aspects of the Rush Branch Rd., Beaver Dam vicinity, ADDITIONAL AGENDA ITEM: 97001562. rule had been submitted to OMB for 6. The Chairman’s proposal for Fiscal approval and would not take effect until Ohio Year 1998 Expenditure Plan and Fiscal OMB approved the collections. On Auglaize County, Fountain Hotel, The, 100– Year 1999 Budget Request. August 25, 1997, OMB approved both of 110 W. Spring St., St. Marys, 97001564. In accordance with 19 CFR the related collections of information Tennessee 201.35(d)(2), the Commission is hereby with expiration dates of August 31, giving notice of the addition of an Marion County, RyeMabee, 224 E. Main St., agenda item for the Commission 2000. The information collection Monteagle, 97001565. aspects of the final rule are effective Montgomery County, Tip Top, 15 Trahern meeting being held Tuesday, December with the final rule. Ter., Clarksville, 97001566. 2, 1997, at 2:30 p.m. By unanimous consent, the Commission has authorized Utah Bureau Clearance Officer: Jo Ann issuance of the Government in the Lauterbach (202) 208–7744. Utah County, Bringhurst, William and Ann, Sunshine Notice, and hereby announces House, (Springville MPS), 306 S 200 W, Dated: November 21, 1997. that earlier announcement of same was Springville, 97001567. E.P. Danenberger, Deal, Roe A. and Louise R., House, not possible. Chief, Engineering and Operations Division. (Springville MPS), 39 E 200 N, Springville, In accordance with Commission policy, subject matter listed above, not [FR Doc. 97–31475 Filed 12–1–97; 8:45 am] 97001568. Deal—Mendenhall Hall, (Springville MPS), disposed of at the scheduled meeting, BILLING CODE 4310±MR±M 163 E 200 N, Springville, 97001569. may be carried over to the agenda of the Johnson, Mont and Harriet, House, following meeting. (Springville MPS), 153 E 400 N, DEPARTMENT OF THE INTERIOR Springville, 97001570. By order of the Commission. Johnson—Kearns Hotel, (Springville MPS), Issued: November 26, 1997. National Park Service 94 W 200 S, Springville, 97001571. Donna R. Koehnke, Kindred, Nephi and Annie, House, Secretary. National Register of Historic Places; (Springville MPS), 188 W Center, [FR Doc. 97–31719 Filed 11–28–97; 12:32 Notification of Pending Nominations Springville, 97001573. pm] Meneray, William H. and Sarah D., House, Nominations for the following (Springville MPS), 190 S 200 W, BILLING CODE 7020±02±M properties being considered for listing Springville, 97001574. in the National Register were received Oakley, Ami and Amanda, House, by the National Park Service before (Springville MPS), 219 E 400 N, DEPARTMENT OF JUSTICE November 22, 1997. Pursuant to section Springville, 97001575. Packard, Milan and Margaret, House, Drug Enforcement Administration 60.13 of 36 CFR Part 60 written (Springville MPS), 10 W 100 S, Springville, comments concerning the significance 97001576. [Docket No. 97±26] of these properties under the National Reynolds, Henry T. and Rebecca, House, Register criteria for evaluation may be (Springville MPS), 270 W 200 S, Anthony P. Dalton, M.D. Revocation of forwarded to the National Register, Springville, 97001577. Registration National Park Service, P.O. Box 37127, Senior Hotel, (Springville MPS), 296 S Main Washington, D.C. 20013–7127. Written St., Springville, 97001578. On June 19, 1997, the Deputy comments should be submitted by Strang, James P. and Lydia, House, Assistant Administrator, Office of December 17, 1997. (Springville MPS), 306 S 200 W, Diversion Control, Drug Enforcement Springville, 97001579. Administration (DEA), issued an Order Patrick Andrus, Ward, Patrick L. and Rose O., House, to Show Cause to Anthony P. Dalton, Acting Keeper of the National Register. (Springville MPS), 511 S Main St., M.D. (Respondent), of Viroqua, Florida Springville, 97001580. Wisconsin, notifying him of an Yard—Groesbeck House, (Springville MPS), Marion County, Ocala Union Station, 31 NE 157 W 200 S, Springville, 97001581. opportunity to show cause as to why First Ave., Ocala, 97001557. DEA should not revoke his DEA Wisconsin Georgia Certificate of Registration BD0469254, Sauk County, Thompson House Hotel, 200 and deny any pending applications for Dooly County, Lilly Historic District, Ash St., Baraboo, 97001583. renewal of his registration as a Roughly bounded by CSX RR tracks, and [FR Doc. 97–31461 Filed 12–1–97; 8:45 am] practitioner pursuant to 21 U.S.C. 823(f) Church, Montezuma, Third, and School and 824(a)(3), for reason that he is not Sts., Lilly, 97001558. BILLING CODE 4310±70±P currently authorized to handle Massachusetts controlled substances in the State of Essex County, Peabody Institute, 15 Sylvan INTERNATIONAL TRADE Wisconsin. St., Danvers, 97001559. COMMISSION On July 21, 1997, Respondent filed a Worcester County, Hope Cemetery, 119 request for a hearing, and the matter was Webster St., Worcester, 97001560. Sunshine Act Meeting docketed before Administrative Law New Jersey Judge Mary Ellen Bittner. On July 21, Emergency Notice of Additional 1997, Judge Bittner issued an Order for Burlington County, New Jersey Manual Agenda Item Training and Industrial School for Colored Prehearing Statements. Thereafter, on Youth, N of Burlington Rd., W of I–295, AGENCY HOLDING THE MEETING: United July 25, 1997, the Government filed a Bordentown, 97001563. States International Trade Commission. Motion for Summary Disposition, 63726 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices alleging that effective January 30, 1996, controlled substances in that state. DEPARTMENT OF JUSTICE the Medical Examining Board of the Respondent did not file a response to State of Wisconsin (Board) terminated a the Government’s motion, and therefore Immigration and Naturalization Service stay of an earlier suspension of does not dispute that he is not currently Agency Information Collection Respondent’s license to practice authorized to practice medicine or medicine in the State of Wisconsin, and Activities: Proposed Collection; handle controlled substances in the Comment Request therefore, Respondent is not authorized State of Wisconsin. to handle controlled substances in that The DEA does not have statutory ACTION: Request OMB emergency state. approval; guarantee of payment. By Order dated July 29, 1997, Judge authority under the Controlled Bittner gave Respondent the Substances Act to issue or maintain a The Department of Justice, opportunity to file a response to the registration if the applicant or registrant Immigration and Naturalization Service Government’s motion by August 19, is without state authority to handle (INS) has submitted the following 1997. No such response was filed by controlled substances in the state in information collection request (ICR) Respondent. which he conducts his business. 21 utilizing emergency review procedures, On September 18, 1997, Judge Bittner U.S.C. 802(21), 823(f) and 824(a)(3). to the Office of Management and Budget issued her Opinion and Recommended This prerequisite has been consistently (OMB) for review and clearance in Decision, finding that Respondent upheld. See Romeo J. Perez, M.D., 62 FR accordance with the section lacked authorization to handle 16,193 (1997); Demetris A. Green, M.D., 1320.13(a)(1)(ii) and (a)(2)(iii) of the controlled substances in the State of 61 FR 60,728 (1996); Dominick A. Ricci, Paperwork Reduction Act of 1995. The Wisconsin; granting the Government’s M.D., 58 FR 51,104 (1993). INS has determined that it cannot Motion for Summary Disposition; and reasonably comply with the normal recommending that Respondent’s DEA Here it is clear that Respondent is not clearance procedures under this Part Certificate of Registration be revoked. currently authorized to handle because normal clearance procedures Neither party filed exceptions to her controlled substances in the State of are reasonably likely to prevent or opinion, and on October 22, 1997, Judge Wisconsin, the state where he is disrupt the collection of information. Bittner transmitted the record of these registered with DEA. Therefore, Therefore, OMB approval has been proceedings to the Acting Deputy Respondent is not entitled to a DEA requested by November 30, 1997. If Administrator. registration in that state. granted, the emergency approval is only The Acting Deputy Administrator has The Acting Deputy Administrator valid for 180 days. All comments and/ considered the record in its entirety, further finds that under the or questions pertaining to this pending and pursuant to 21 CFR 1316.67, hereby circumstances, Judge Bittner properly request for emergency approval Must be issues his final order based upon directed to OMB, Office of Information granted the Government’s Motion for findings of fact and conclusions of law and Regulatory Affairs, Attention: Ms. Summary Disposition. It is well-settled as hereinafter set forth. The Acting Debra Bond, 202–395–7316, Department Deputy Administrator adopts, in full, that when no question of material fact of Justice Desk Officer, Washington, DC the Opinion and Recommended is involved, a plenary, adversary 20503. Comments regarding the Decision of the Administrative Law administrative proceeding involving emergency submission of this Judge. evidence and cross-examination of information collection may also be The Acting Deputy Administrator witnesses is not obligatory. See Phillip submitted via facsimile to Ms. Bond at finds that on December 14, 1995, the E. Kirk, M.D., 48 FR 32,887 (1983), aff’d 202–395–6974. Board issued its Final Decision and sub nom Kirk v. Mullen, 749 F.2d 297 During the first 60 days of this same Order, suspending Respondent’s (6th Cir. 1984); NLRB v. International period, a regular review of this Wisconsin medical license for a period Association of Bridge, Structural and information collection is also being of not less than four years, with the Ornamental Ironworkers, AFL–CIO, undertaken. During the regular review provision for successive three-month F.2d 634 (9th Cir. 1977); United States period, the INS requests written stays of the suspension conditioned v. Consolidated Mines & Smelting Co., comments and suggestions from the upon compliance with certain 44 F.2d 432 (9th Cir. 1971). public and affected agencies concerning conditions and limitations on the the proposed collection of information. Accordingly, the Acting Deputy license. Subsequently, the Board Comments are encouraged and will be Administrator of the Drug Enforcement ordered that the stay of the suspension accepted until [Insert date of the 60th of Respondent’s medical license be Administration, pursuant to the day from the date that this notice is terminated, and his license was authority vested in him by 21 U.S.C. 823 published in the Federal Register]. suspended effective January 30, 1996. and 824 and 28 CFR 0.100(b) and 0.104, During the 60-day regular review All Thereafter, on March 1, 1996, and hereby orders that DEA Certificate of comments and suggestions, or questions February 3, 1997, the Board denied Registration BD0469254, previously regarding additional information, to petitions filed by Respondent for the issued to Anthony P. Dalton, M.D., be, include obtaining a copy of the reinstatement of the stay of suspension and it hereby is, revoked. The Acting proposed information collection of his medical license. Therefore, the Deputy Administrator further orders instrument with instructions, should be Acting Deputy Administrator finds that that any pending applications for the directed to Mr. Richard A. Sloan, 202– Respondent is not currently authorized renewal of such registration, be, and 514–3291, Director, Policy Directives to handle controlled substances in the they hereby are, denied. This order is and Instructions Branch, Immigration State of Wisconsin. effective January 2, 1998. and Naturalization Service, U.S. The Acting Deputy Administrator Dated: November 20, 1997. Department of Justice, Room 5307, 425 finds that in light of the fact that I Street, NW., Washington, DC 20536. James S. Milford, Respondent is not currently licensed to Your comments should address one or practice medicine in the State of Acting Deputy Administrator. more of the following four points: Wisconsin, it is reasonable to infer that [FR Doc. 97–31470 Filed 12–1–97; 8:45 am] (1) Evaluate whether the proposed he is not currently authorized to handle BILLING CODE 4410±09±M collection of information is necessary Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63727 for the proper performance of the DEPARTMENT OF LABOR 3. The Pittsburg & Midway Coal Mining functions of the agency, including Company Mine Safety and Health Administration whether the information will have [Docket No. M–97–119–C] practical utility; (2) Evaluate the accuracy of the Petitions for Modification The Pittsburg & Midway Coal Mining Company, P.O. Box 6518, Englewood, agencies estimate of the burden of the The following parties have filed proposed collection of information, Colorado 80155–6518 has filed a petitions to modify the application of petition to modify the application of 30 including the validity of the mandatory safety standards under methodology and assumptions used; CFR 75.503 (permissible electric face section 101(c) of the Federal Mine equipment; maintenance) to its Sebree (3) Enhance the quality, utility, and Safety and Health Act of 1977. # clarity of the information to be 1 Mine (I.D. No. 15–17044) located in collected; and 1. Mountain Coal Company Webster County, Kentucky. The petitioner requests a variance to allow (4) Minimize the burden of the [Docket No. M–97–117–C] collection of information on those who the use of a spring-loaded device with are to respond, including through the Mountain Coal Company, P.O. Box specific fastening characteristics with its use of appropriate automated, 591, Somerset, Colorado 81434 has filed fastening configuration to secure plugs electronic, mechanical, or other a petition to modify the application of and electrical-type connectors to technological collection techniques or 30 CFR 75.1906(e) and (f) (transport of batteries and to the permissible mobile- other forms of information technology, diesel fuel) to its West Elk Mine (I.D. powered equipment, which the batteries e.g., permitting electronic submission of No. 05–03672) located in Gunnison serve, instead of using a padlock. The responses. County, Colorado. The petitioner petitioner asserts that the proposed proposes to use 1700 gallons of diesel alternative method would provide at Overview of This Information fuel that would be transported at one least the same measure of protection as Collection time on a diesel fuel transportation unit would the mandatory standard. with the tank permanently fixed to the (1) Type of Information Collection: 4. Island Creek Coal Company Extension of current information unit, with a total capacity no greater collection. than 1700 gallons of diesel fuel. The [Docket No. M–97–120–C] (2) Title of the Form/Collection: petitioner asserts that the proposed Island Creek Coal Company, Consol Guarantee of Payment. alternative method would provide at Plaza, 1800 Washington Road, (3) Agency form number, if any, and least the same measure of protection as Pittsburgh, Pennsylvania 15241–1421 the applicable component of the would the mandatory standard. has filed a petition to modify the Department of Justice sponsoring the 2. Arch of Kentucky application of 30 CFR 75.1905–1(g) collection: Form I–510. Office of (diesel fuel piping system) to its Ohio Detention and Deportation, Immigration [Docket No. M–97–118–C] No. 11 Mine (I.D. No. 15–03178) located and Naturalization Service. Arch of Kentucky, P.O. Box 787, in Union County, Kentucky. The (4) Affected public who will be asked Lynch, Kentucky 40855 has filed a petitioner requests a variance to permit or required to respond, as well as a brief petition to modify the application of 30 the transportation of diesel fuel from a abstract: Primary: Business or other for- CFR 75.360(b)(9) (preshift examination) surface diesel fuel oil storage tank profit. Section 253 of the Immigration to its 37 Mine (I.D. No. 15–04670) directly into the fuel tank of individual and Nationality Act (Act) provides that located in Harlan County, Kentucky. units of underground diesel equipment. the master or agent of a vessel or aircraft The petitioner requests a variance for The petitioner has listed specific shall guarantee payment for expenses three different isolated locations procedures in this petition for incurred for an alien crewman who involving dewatering pumps and the implementing its alternative method of arrived in the United States and is associated electrics located at the 95 and transporting fuel from the surface to afflicted with any disease or illness 96 Crosscuts—Main Track Heading, the underground diesel equipment. The mentioned in Section 255 of the Act. 150 Crosscut—Main Track Heading, and petitioner asserts that the proposed (5) An estimate of the total number of the 34 Crosscut L–14. The petitioner alternative method would provide at respondents and the amount of time proposes to have the electrical least the same measure of protection as estimated for an average respondent to installations ventilated by a separate would the mandatory standard. respond: 100 respondents at .083 hours intake split of air that would be 5. Consol of Kentucky, Inc. per response. ventilated directly into the return where (6) An estimate of the total public no employees regularly work in the [Docket No. M–97–121–C] burden (in hours) associated with the vicinity or by the electrical installations; Consol of Kentucky, Inc., Consol collection: 8 annual burden hours. to install a carbon monoxide detection Plaza, 1800 Washington Road, If additional information is required sensor at each location that would be Pittsburgh, Pennsylvania 15241–1421 during the first 60 days of this same monitored at all times while employees has filed a petition to modify the regular review period contact Mr. Robert are underground and to implement the application of 30 CFR 75.1101–8 (water B. Briggs, Clearance Officer, United preshift requirement in the event the sprinkler systems; arrangement of States Department of Justice, carbon monoxide system becomes sprinklers) to its Ridge No. 8 Mine (I.D. Information Management and Security inoperative, until the system is repaired; No. 15–17972) located in Floyd County, Staff, Justice Management Division, and to inspect the electrical installations Kentucky. The petitioner requests a Suite 850, Washington Center, 1001 G for hazardous conditions on a weekly variance to permit the use of a single Street, NW, Washington, DC 20530. basis. The petitioner states that the line of automatic sprinklers for its fire Dated: November 25, 1997. excessive travel to the three locations protection system on main and Robert B. Briggs, specified in this petition would result in secondary belt conveyors. The Department Clearance Officer, United States a diminution of safety because the petitioner proposes to use a single Department of Justice. fireboss is traveling alone each shift for overhead pipe system with 1⁄2-inch [FR Doc. 97–31498 Filed 12–1–97; 8:45 am] long distances to remote areas of the orifice automatic sprinklers located on BILLING CODE 4410±18±M mine. 10-foot centers, located to cover 50 feet 63728 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices of fire-resistant belt or 150 feet of non- 7. Del Rio, Inc. 10. Bass Energy, Inc. fire resistant belt, with actuation [Docket No. M–97–123–C] [Docket No. M–97–126–C] temperatures between 200 to 230 Del Rio, Inc., P.O. Box 2218, Bass Energy, Inc. P.O. Box 206, degrees Fahrenheit, and with water Middlesboro, Kentucky 40965 has filed Bruceton Mills, West Virginia 26525 has pressure equal to or greater than 10 psi; a petition to modify the application of filed a petition to modify the to locate the sprinklers not more than 10 30 CFR 75.1405 (automatic couplers) to application of 30 CFR 75.380(d)(4)(i) feet apart so that the discharge of water its Mine DR #7 (I.D. No. 15–17607), and (escapeways; bituminous and lignite will extend over the belt drive, belt take- its Mine DR #8 (I.D. No. 15–17951) both mines) to its Mine No. 1 (I.D. No. 46– up, electrical control, and gear reducing located in Bell County, Kentucky. The 01162) located in Upshur County, West unit; to conduct a test using the specific petitioner proposes to use a 9 foot steel Virginia. Due to adverse roof conditions procedures outlined in this petition tongue to couple the motor to the flatcar along the beltlines, the petitioner has during the installation of each new instead of using automatic couplers. The installed additional roof support to system, during any subsequent repair or petitioner states that due to mining protect the affected areas which has replacement of any critical part, and heights, flatcars instead of regular caused the walkway to be narrowed annually to ensure proper operation. supply cars are being used in their mine down to less than four feet at specific The petitioner asserts that the proposed to haul supplies. The petitioner asserts beltline locations. The petitioner states alternative method would provide at that the proposed alternative method that where possible, the escapeway has least the same measure of protection as would provide at least the same been re-routed to another entry with would the mandatory standard. measure of protection as would the common air and properly marked, start- 6. Consolidation Coal Company mandatory standard. stop switches have been installed inby and outby where individuals would 8. BR&D Enterprises, Inc. [Docket No. M–97–122–C] have to cross the beltline, and that close [Docket No. M–97–124–C] clearance signs have been posted to Consolidation Coal Company, Consol BR&D Enterprises, Inc., P.O. Box caution individuals of the narrow Plaza, 1800 Washington Road, 2218, Middlesboro, Kentucky 40965 has walkway. The petitioner asserts that the Pittsburgh, Pennsylvania 15241–1421 filed a petition to modify the proposed alternative method would has filed a petition to modify the application of 30 CFR 75.1405 provide at least the same measure of application of 30 CFR 75.380(f)(4) (automatic couplers) to its Mine BR&D protection as would the mandatory (escapeways; bituminous and lignite #1, (I.D. No. 15–17907), and its Mine standard. mines) to its Blacksville No. 2 Mine (I.D. BR&D #2 (I.D. No. 15–17908) both 11. Genwal Resources, Inc. No. 46–01968), Humphrey No. 7 Mine located in Bell County, Kentucky. The (I.D. No. 46–01453), and Loveridge No. petitioner proposes to use a 9 foot steel [Docket No. M–97–127–C] 22 Mine (I.D. No. 46–01433) all located tongue to couple the motor to the flatcar Genwal Resources, Inc., P.O. Box in Monongalia County, West Virginia; to instead of using automatic couplers. The 1420, 195 North 100 West, Huntington, its Dilworth Mine (I.D. No. 36–04281) petitioner states that due to mining Utah 84528 has filed a petition to located in Greene County, Pennsylvania; heights, flatcars instead of regular modify the application of 30 CFR and its Robinson Run No. 95 Mine (I.D. supply cars are being used in their mine 75.1101–8 (water sprinkler systems; No. 46–01318) located in Harrison to haul supplies. The petitioner asserts arrangement of sprinklers) to its County, West Virginia. The petitioner that the proposed alternative method Crandall Canyon Mine (I.D. No. 42– proposes to use fire resistant hydraulic would provide at least the same 01715) located in Emery County, Utah. fluid instead of fire suppression on measure of protection as would the The petitioner requests a variance to mobile equipment operated in the mandatory standard. permit the use of a water sprinkler primary escapeway. The petitioner system with a single overhead pipe 9. Island Creek Coal Company proposes to operate mobile equipment system and automatic sprinklers located in a primary escapeway using fire [Docket No. M–97–125–C] not more than 10 feet apart so that the resistant fluid, and to equip such Island Creek Coal Company, Consol water discharged from the sprinklers equipment with a 20 pound dry Plaza, 1800 Washington Road, will cover 50 feet of fire resistant belt, chemical fire extinguisher; to have a Pittsburgh, Pennsylvania 15241–1421 or 150 feet of non-fire resistant belt qualified person examine batteries, has filed a petition to modify the adjacent to the belt drive; and to permit electrical cables and brake equipment application of 30 CFR 75.503 automatic sprinklers to be located not on a weekly basis; to maintain dry (permissible electric face equipment; more that 10 feet apart so that water chemical fire extinguishers on the maintenance) to its Ohio No. 11 Mine discharged from the sprinkler(s) will mobile equipment operated in the (I.D. No. 15–03178) located in Union cover the drive motor(s), belt take-up primary escapeway in usable and County, Kentucky. The petitioner electrical controls, and gear reducing operative condition; to instruct mobile proposes to use a spring-loaded metal unit for each belt drive. The petitioner equipment operators to conduct a pre- locking device instead of padlocks to proposes to conduct a functional test to operational check of the equipment secure battery charging plugs to ensure proper operation during the prior to operation in the primary machine-mounted battery receptacles on installation of each new system and escapeway; and to instruct mobile permissible, mobile, battery-powered during subsequent repair or replacement equipment operators on an annual basis scoop cars. The petitioner has outlined of any critical part; and to submit to the on the fire-fighting plan, the use of dry in this petition specific procedures for District Manager proposed revisions to chemical fire extinguishers, and the implementation of its alternative their Part 48 training plan that would requirements of any decision and order method of using a spring-loaded locking specify initial and refresher training for issued on this petition. The petitioner device. The petitioner asserts that the compliance to this petition. The asserts that the proposed alternative proposed alternative method would petitioner asserts that the proposed method would provide at least the same provide at least the same measure of alternative method would provide at measure of protection as would the protection as would the mandatory least the same measure of protection as mandatory standard. standard. would the mandatory standard. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63729

Request for Comments —Astrobiology NATIONAL SCIENCE FOUNDATION Persons interested in these petitions —Student Opportunities for Access to Notice of Permit Applications Received may furnish written comments. These Space Under the Antarctic Conservation Act comments must be filed with the Office —Faster, Better, Cheaper of 1978 (Pub. L. 95±541) of Standards, Regulations, and —Committee and Task Force Reports Variances, Mine Safety and Health —Discussion of Findings and AGENCY: National Science Foundation. Administration, Room 627, 4015 Wilson Recommendations Boulevard, Arlington, Virginia 22203. ACTION: Notice of Permit Applications It is imperative that the meeting be All comments must be postmarked or Received Under the Antarctic held on these dates to accommodate the received in that office on or before Conservation Act of 1978, Pub. L. 95– scheduling priorities of the key January 2, 1998. Copies of these 541. participants. Visitors will be requested petitions are available for inspection at to sign a visitor’s register. that address. SUMMARY: The National Science Dated: November 25, 1997. Dated: November 20, 1997. Foundation (NSF) is required to publish Alan M. Ladwig, notice of permit applications received to Patricia W. Silvey, Associate Administrator for Policy and Plans, conduct activities regulated under the Director, Office of Standards, Regulations, National Aeronautics and Space and Variances. Antarctic Conservation Act of 1978. Administration. NSF has published regulations under [FR Doc. 97–31580 Filed 12–1–97; 8:45 am] [FR Doc. 97–31528 Filed 12–1–97; 8:45 am] the Antarctic Conservation Act at Title BILLING CODE 4510±43±P BILLING CODE 7510±01±M 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION DATES: Interested parties are invited to NATIONAL SCIENCE FOUNDATION submit written data, comments, or [Notice (97±165)] Notice of Permits Issued Under the views with respect to these permit Antarctic Conservation Act of 1978 applications by December 31st. Permit NASA Advisory Council; Meeting. applications may be inspected by AGENCY: National Aeronautics and AGENCY: National Science Foundation. interested parties at the Permit Office, address below. Space Administration. ACTION: Notice of permits issued under ACTION: Notice of meeting. the Antarctic Conservation Act of 1978, ADDRESSES: Comments should be Public Law 95–541. addressed to the Permit Office, Room SUMMARY: In accordance with the 755, Office of Polar Programs, National Federal Advisory Committee Act, Pub. SUMMARY: The National Science Science Foundation, 4201 Wilson L. 92–463, as amended, the National Foundation (NSF) is required to publish Boulevard, Arlington, VA 22230. Aeronautics and Space Administration notice of permits issued under the FOR FURTHER INFORMATION CONTACT: announces a meeting of the NASA Antarctic Conservation Act of 1978. Advisory Council. This is the required notice. Nadene G. Kennedy at the above address or (703) 306–1033. DATES: Tuesday, December 16, 1997, FOR FURTHER INFORMATION CONTACT: 9:00 a.m. to 3:30 p.m.; and Wednesday, Nadene G. Kennedy, Permit Office, SUPPLEMENTARY INFORMATION: The December 17, 1997, 9:00 a.m. to 3:00 Office of Polar Programs, Rm. 755, National Science Foundation, as p.m. National Science Foundation, 4201 directed by the Antarctic Conservation ADDRESSES: NASA Headquarters, Room Wilson Boulevard, Arlington, VA 22230. Act of 1978 (Pub. L. 95–541), has 9H40, 300 E Street SW, Washington, DC SUPPLEMENTARY INFORMATION: On developed regulations that implement 20546. October 27, 1997, the National Science the ‘‘Agreed Measures for the FOR FURTHER INFORMATION CONTACT: Ms. Foundation published a notice in the Conservation of Antarctic Fauna and Anne L. Accola, Code Z, National Federal Register of permit applications Flora’’ for all United States citizens. The Aeronautics and Space Administration, received. Permits were issued on Agreed Measures, developed by the Washington, DC 20546, 202/358–2096. November 24, 1997 to the following Antarctic Treaty Consultative Parties, SUPPLEMENTARY INFORMATION: The applicants: recommended establishment of a permit meeting will be open to the public up system for various activities in Alexandra C. Brown and Maria Uhle— to the seating capacity of the room. The Antarctica and designation of certain Permit No. 98–016 agenda for the meeting is as follows: animals and certain geographic areas Philip R. Kyle—Permit No. 98–018 —Space Science Enterprise Overview requiring special protection. The Gary Miller—Permit No. 98–019 —Technology Development in the regulations establish such a permit Space Science Enterprise Nadene G. Kennedy, system to designate Specially Protected —Earth Science Enterprise Overview Permit Officer. Areas and Sites of Special Scientific —NRC Report on Space Shuttle [FR Doc. 97–31584 Filed 12–1–97; 8:45 am] Interest. Meteoroid/Debris Risk Management BILLING CODE 7555±01±M The application received is as follows: 63730 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Applicant ...... Permit Application: 98±020. Howard E. Evans, Veterinary College, Cornell University, Ithaca, NY 14853. Activity for Which Permit is Requested Take and Import into the United States The applicant will be leading a Cornell Adult University tour on a cruise ship in the Antarctic Peninsula and applicant proposes salvage carcasses and remains of penguins, birds or seals as study materials. These materials will be imported to the U.S. and stored in the Cor- nell University Collections for use as teaching aides or in research. Location Various sites within the Antarctic Peninsula Area Dates January 7, 1998 to January 21, 1998 2. Applicant ...... Permit Application: 98±021. Rennie S. Holt, Chief Scientist, AMLR Program, Southwest Fisheries Science Center, National Ma- rine Fisheries Service, 8604 La Jolla Shores Drive, La Jolla, CA 92093. Activity for Which Permit is Requested Taking, Import into the United States, and Enter Site of Special Scientific Interest. The applicant will be conducting ship-supported and land-based studies in the region of the Antarctic Peninsula. Studies encompassing census surveys, attendance, energetics, foraging, and long term monitoring (censusing/tagging) of Antarctic fur seals (Arctocephalus gazella) will be initiated at the newly established AMLR Program campsite at Cape Shirreff, Livingston Island and continued at their existing camp on Seal Island. Up to 80 adult and 1180 pups will be captured and tagged. In addition up to 40 female/pup pairs will be captured to quantify the foraging costs of maternal investment in pups associated with changes in foraging strategies observed. Energetic costs and benefits of different foraging patterns can be deter- mined by simultaneous measurements of energy expenditure (isotope), food intake (isotope), dive depth, duration, time of day and dive frequency (via TDR's), swim speed (TDR), and foraging location (satellite transmitter). Attendance information collected from these instru- mented females will address issues such as (a) prey availability and subsequent impact on females and pups, and (b) attendance-related factors of pup growth. Milk extraction and gastric lavage/intubation will be used for energetic studies, providing trophic information. In addition the applicant proposes to salvage bones and carcasses of dead seals for importation to the U.S. These materials will be stored at the Southwest Fisheries Science Center for education and research purposes. Location Cape Shirreff, Livingston Island (SSSI #32), Byers Peninsula (SSSI #6), South Shetland Island, Antarctic Peninsula. Dates January 1, 1998 to April 1, 2001.

Nadene G. Kennedy, agency may not conduct or sponsor, and requirement or request: An average of 1 Permit Officer. that a person is not required to respond hour per respondent for questionnaire [FR Doc. 97–31585 Filed 12–1–97; 8:45 am] to, a collection of information unless it and 6 hours each for selected BILLING CODE 7555±01±M displays a currently valid OMB control respondents for collecting samples, plus number. 8 hours each for 30 Agreement States. 1. Type of submission, new, revision, The total burden is 2,640 hours. or extension: New. 8. An indication of whether Section NUCLEAR REGULATORY 2. The title of the information 3507(d), Pub. L. 104–13 applies: Not COMMISSION collection: Joint NRC/EPA Survey of applicable. Agency Information Collection Sewage Sludge/Ash. 9. Abstract: The survey will obtain Activities: Submission for OMB 3. The form number if applicable: national estimates of high probability Review; Comment Request None. occurrences of elevated levels of 4. How often the collection is radioactive materials in sludge and ash AGENCY: U.S. Nuclear Regulatory required: This is a one-time collection. at POTWs, estimate the extent to which Commission (NRC). 5. Who will be required or asked to radioactive contamination comes from ACTION: Notice of the OMB review of report: Selected publicly owned either NRC/Agreement State licensees or information collection and solicitation treatment works (POTWs), and from naturally-occurring radioactivity, of public comment. Agreement States. and support possible rulemaking 6. An estimate of the number of decisions by NRC and EPA. NRC and SUMMARY: The NRC has recently responses: 600 POTWs for the EPA will send questionnaires to submitted to OMB for review the questionnaire and 300 POTWs for selected POTWs. Based on the results of following proposal for the collection of sample collection, plus 30 Agreement that survey, NRC and EPA will identify information under the provisions of the States for reporting of licensees approximately 300 POTWs from which Paperwork Reduction Act of 1995 (44 associated with Zip Codes. samples of sewage sludge/ash will be U.S.C. Chapter 35). The NRC hereby 7. An estimate of the total number of taken and analyzed. Results of the full informs potential respondents that an hours needed annually to complete the survey will be published for use by Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63731

Federal agencies, States, POTWs, local whether Mr. Bandy had been arrested stating to OPPD during the course of POTW officials and other interested for theft of personal property, as certain 1993 that he had been convicted in 1991 parties. documents in his file appeared to of excessive speeding while driving A copy of the draft supporting indicate, or had been arrested for when, in fact, he had been convicted of statement may be viewed free of charge excessive speed while driving, as Mr. theft of personal property, and by at the NRC Public Document Room, Bandy claimed. As a result of the NRC’s deliberately altering copies of court 2120 L Street NW (lower level), questions, OPPD agreed to interview Mr. records that were provided to OPPD; Washington, DC. OMB clearance Bandy in the presence of the NRC and (2) deliberately falsely stating in packages are available at the NRC inspector. During the interview, Mr. August 1996 to OPPD and an NRC worldwide web site (http:// Bandy denied that he had been arrested inspector that he had been convicted in www.nrc.gov) under the FedWorld for theft and asserted that the only 1991 of excessive speeding while collection link on the home page tool charge he was aware of involved driving. These actions constituted a excessive speed while driving. bar. The document will be available on violation of 10 CFR 50.5(a)(2), which the NRC home page site for 60 days after Based on further questions about the prohibits an individual from the signature date of this notice. accuracy of Mr. Bandy’s statements and Comments and questions should be the information provided by him, Mr. deliberately submitting to the NRC or a directed to the OMB reviewer by Bandy’s unescorted access to FCS was licensee information that the person January 2, 1998. Norma Gonzales, Office temporarily suspended on August 22, submitting the information knows to be of Information and Regulatory Affairs 1996. On August 26, 1996, OPPD incomplete or inaccurate in some (3150- ) NEOB–10202, Office of terminated Mr. Bandy’s employment respect material to the NRC. In this case, Management and Budget, Washington, and revoked his unescorted access to the information that Mr. Bandy DC 20503. FCS. OPPD then conducted an provided regarding his personal history Comments can also be submitted by investigation and determined that: (1) was material because licensees are telephone at (202) 395–3087. The only charge brought against Mr. required to consider such information in The NRC Clearance Officer is Brenda Bandy in 1991 was a charge of theft of making unescorted access Jo Shelton, (301) 415–7233. personal property; (2) copies of court determinations in accordance with the Dated at Rockville, Maryland, this 24th day records provided to OPPD by Mr. Bandy requirements of 10 CFR 73.56. of November 1997. had been altered to make it appear that The NRC must be able to rely on the For the Nuclear Regulatory Commission. the charge had been for speeding; and licensee and its employees to comply (3) Mr. Bandy made false statements Brenda Jo. Shelton, with NRC requirements, including the when questioned about his criminal NRC Clearance Officer. requirement to provide information that history in 1993 by OPPD and in 1996 [FR Doc. 97–31518 Filed 12–1–97; 8:45 am] when questioned by OPPD and the NRC is complete and accurate in all material BILLING CODE 7590±01±P during its inspection. The NRC’s respects. Mr. Bandy’s actions in investigation of this matter concluded deliberately providing false information that Mr. Bandy deliberately falsified to the licensee and to the NRC NUCLEAR REGULATORY criminal history information submitted constitute deliberate violations of COMMISSION to OPPD in 1993, and provided false Commission regulations. His conduct [IA 97±087] information to OPPD and an NRC raises serious doubt about his inspector when questioned about this in trustworthiness and reliability; Finis Scott Bandy; Order Prohibiting August 1996. particularly whether he can be relied Involvement in NRC-Licensed On July 22, 1997, the NRC issued a upon to comply with NRC requirements Activities (Effective Immediately) Demand for Information to Mr. Bandy, and to provide complete and accurate seeking information as to why the NRC information to NRC licensees in the I should not conclude that he engaged in future. Finis Scott Bandy was formerly deliberate misconduct and, if so, why Consequently, I lack the requisite employed by Omaha Public Power the NRC should not prohibit his reasonable assurance that licensed District (OPPD) as an instrumentation involvement in NRC-licensed activities. activities can be conducted in and control technician at OPPD’s Fort On July 29, 1997, Mr. Bandy contacted compliance with the Commission’s Calhoun Station nuclear power plant, the NRC’s Office of Enforcement, requirements and that the health and Blair, Nebraska. OPPD holds license No. indicated that he had no interest in safety of the public would be protected DPR–40, issued August 9, 1973, by the being involved in NRC-licensed if Mr. Bandy were permitted at this time Nuclear Regulatory Commission (NRC activities, and indicated that he would to be involved in NRC-licensed or Commission) pursuant to 10 CFR Part be willing to consent to an order activities. Therefore, the public health, 50. The license authorizes the operation prohibiting his involvement in NRC- safety and interest require that Mr. of the Fort Calhoun Station (FCS) in licensed activities. On August 19, 1997, accordance with the conditions the NRC sent a letter to Mr. Bandy Bandy be prohibited from any specified therein. formally seeking his consent to a involvement in NRC-licensed activities confirmatory order prohibiting his for a period of five years from the date II involvement in NRC-licensed activities of this Order. Additionally, Mr. Bandy In August 1996, the NRC inspected for five years. Mr. Bandy failed to is required to notify the NRC of his first access authorization files during an NRC respond to this letter or to NRC efforts employment in NRC-licensed activities security inspection at FCS. The NRC to contact him. following the prohibition period. raised a question about arrest Furthermore, pursuant to 10 CFR 2.202, information that Mr. Bandy had III I find that the significance of Mr. supplied to OPPD during the course of Based on the above, the NRC has Bandy’s conduct described above is 1993, in connection with his application concluded that Mr. Bandy engaged in such that the public health, safety and for unescorted access to the plant. The deliberate misconduct in 1993 and in interest require that this Order be information in question pertained to August 1996, by: (1) Deliberately falsely effective immediately. 63732 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

IV Order and shall set forth the matters of NUCLEAR REGULATORY Accordingly, pursuant to Sections fact and law on which Mr. Bandy, or COMMISSION any other such person adversely 103, 161b, 161i, 161o, 182 and 186 of [Docket No. 50±382] the Atomic Energy Act of 1954, as affected, relies and the reasons as to why the Order should not have been amended, and the Commission’s Entergy Operations, Inc.; Notice of issued. Any answer or request for a regulations in 10 CFR 2.202 and 10 CFR Consideration of Issuance of hearing shall be submitted to the Part 50, It is hereby ordered, effective Amendment to Facility Operating Secretary, U.S. Nuclear Regulatory immediately, that: License, Proposed No Significant Commission, ATTN: Chief, Docketing 1. Finis Scott Bandy is prohibited Hazards Consideration Determination, and Service Section, Washington, D.C. from involvement in activities licensed and Opportunity for a Hearing by the NRC for a period of 5 years. NRC- 20555. Copies also shall be sent to the licensed activities are those that are Director, Office of Enforcement, U.S. The U.S. Nuclear Regulatory conducted pursuant to a specific or Nuclear Regulatory Commission, Commission (the Commission) is general license issued by the NRC, Washington, D.C. 20555, to the considering issuance of an amendment including, but not limited to, those Assistant General Counsel for Hearings to Facility Operating License No. NPF– activities of Agreement State licensees and Enforcement at the same address, to 38 issued to Entergy Operations Inc., conducted pursuant to the authority the Regional Administrator, NRC Region (the licensee) for operation of the granted by 10 CFR 150.20. IV, 611 Ryan Plaza Drive, Suite 400, Waterford Steam Electric Station, Unit 2. If Finis Scott Bandy is currently Arlington, Texas 76011, and to Mr. 3, located in St. Charles Parish, involved with another employer in Bandy. If a person other than Mr. Bandy Louisiana. NRC-licensed activities, he must requests a hearing, that person shall set The proposed amendment would immediately cease such activities, and forth with particularity the manner in increase the Spent Fuel Pool storage inform the NRC of the name, address which his or her interest is adversely capacity and increase the maximum fuel and telephone number of the employer, affected by this Order and shall address enrichment from 4.9 w/o (nominal and provide a copy of this Order to the the criteria set forth in 10 CFR 2.714(d). weight percent) to 5.0 w/o U–235. This employer. If a hearing is requested by Mr. Bandy proposed modification will be 3. For the five-year period after the or a person whose interest is adversely accomplished by removing the existing above period has expired, Mr. Bandy affected, the Commission will issue an racks in the Spent Fuel Pool and will notify the Director, Office of Order designating the time and place of replacing them with higher density Enforcement, U.S. Nuclear Regulatory any hearing. If a hearing is held, the racks. The neutron absorber (BORAL) Commission, Washington, D.C., 20555, issue to be considered at such hearing for the new racks, has been licensed by within 20 days of the first time he shall be whether this Order should be the NRC for use in other nuclear power accepts employment in NRC-licensed sustained. plant spent fuel storage applications. Before issuance of the proposed activities, as defined in Paragraph IV.1 Pursuant to 10 CFR 2.202(c)(2)(i), Mr. license amendment, the Commission above. In the notification, he will Bandy may, in addition to demanding a will have made findings required by the include a statement of his commitment hearing, at the time the answer is filed Atomic Energy Act of 1954, as amended to comply with regulatory requirements or sooner, move the presiding officer to (the Act) and the Commission’s and address why the NRC should have set aside the immediate effectiveness of regulations. confidence that he will comply with the Order, on the ground that the Order, The Commission has made a regulatory requirements, and the name, including the need for immediate proposed determination that the address and telephone number of his effectiveness, is not based on adequate amendment request involves no employer or entity where he will be evidence but on mere suspicion, significant hazards consideration. Under involved in licensed activities. unfounded allegations, or error. The Director, Office of Enforcement, the Commission’s regulations in 10 CFR may relax or rescind, in writing, any of In the absence of any request for a 50.92, this means that operation of the the above conditions upon a showing by hearing, or written approval of an facility in accordance with the proposed Mr. Bandy of good cause. extension of time in which to request a amendment would not (1) involve a hearing, the provisions specified in significant increase in the probability or V Section IV above shall be final 20 days consequences of an accident previously In accordance with 10 CFR 2.202, Mr. from the date of this Order without evaluated; or (2) create the possibility of Bandy must, and any other person further order or proceedings. If an a new or different kind of accident from adversely affected by this Order may, extension of time for requesting a any accident previously evaluated; or submit an answer to this Order, and hearing has been approved, the (3) involve a significant reduction in a may request a hearing within 20 days of provisions specified in Section IV shall margin of safety. As required by 10 CFR its issuance. Where good cause is be final when the extension expires if a 50.91(a), the licensee has provided its shown, consideration will be given to hearing request has not been received. analysis of the issue of no significant extending the time to request a hearing. AN ANSWER OR A REQUEST FOR hazards consideration, which is A request for extension of time must be HEARING SHALL NOT STAY THE presented below. made in writing to the Director, Office IMMEDIATE EFFECTIVENESS OF THIS 1. Involve a significant increase in the of Enforcement, U.S. Nuclear Regulatory ORDER. probability or consequences of an Commission, Washington, D.C. 20555, Dated at Rockville, Maryland this 19th day accident previously evaluated. and include a statement of good cause of November 1997. In the analysis of the safety issues for the extension. The answer may For The Nuclear Regulatory Commission. concerning the expanded pool storage consent to this Order. Unless the answer capacity, the following previously consents to this Order, the answer shall, James Lieberman, postulated accident scenarios have been in writing and under oath or Director, Office of Enforcement. considered: affirmation, specifically admit or deny [FR Doc. 97–31521 Filed 12–1–97; 8:45 am] a. A spent fuel assembly drop in the each allegation or charge made in this BILLING CODE 7590±01±P Spent Fuel Pool. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63733

b. Loss of Spent Fuel Pool cooling Building, pool liner, and fuel assembly increasing from the maximum normal flow. resulting from a fuel assembly drop temperature of 140 °F to boiling in a c. A seismic event. striking the pool floor or another period of 13.3 hours. The heat up rate d. An accidental drop of a fully assembly located within the racks established for the limiting normal heat loaded fuel shipping cask. remains unchanged. The resulting load conditions subsequent to the The probability that any of the structural damage to these items proposed changes has been determined accidents in the above list can occur is subsequent to this event is not as 13.6 °F per hour. This would result not significantly increased by the influenced by the proposed changes. in the pool temperature increasing from modification itself. The probabilities of The radiological dose at the exclusion the maximum normal temperature of a seismic event or loss of Spent Fuel area boundary will increase due to the 140 °F to boiling in a period of 5.3 Pool cooling flow are not influenced by changes in fuel enrichment and burnup. hours. the proposed changes. The probabilities The previously calculated doses to the This time to boil comparison was of accidental fuel assembly or shipping thyroid and whole body were 0.47 and made for limiting normal heat load cask drops are primarily influenced by 0.11 rem, respectively. The new thyroid conditions. However, the end of this the methods used to lift and move these and whole body doses based on the period of time does not represent the loads. The method of handling loads proposed change will be 0.553 and onset of any significant increase in during normal plant operations remains 0.304, respectively. These dose levels offsite doses. As stated above, this unchanged, since the same equipment are extremely small when compared to consequence would result subsequent to (i.e., Spent Fuel Handling Machine and the levels required by 10 CFR 100. fuel being uncovered through Cask Handling Crane) and procedures Therefore, the increase in dose is not unchecked boiling and resulting water will be used. A new offset handling tool considered a significant increase in level drop of approximately 24.5 feet will be required to access some storage consequence. Thus, the results of the from normal surface to the top of the rack cells located adjacent to the pool postulated fuel drop accidents remain fuel storage racks. This depth is walls. The grapple mechanism, acceptable and do not represent a conservative, since the top of active fuel procedures, and fuel manipulation significant increase in consequences is below this level. Subsequent to the methods will be very similar to those from any of the same previously proposed changes under limiting used by the standard fuel handling tool evaluated accidents. normal heat loads the time lapse on the Spent Fuel Handling Machine. between the onset of unchecked boiling Therefore, this tool does not represent a The consequences of a loss of Spent and uncovering of the racks has been significant change in the methods used Fuel Pool cooling have been evaluated determined to exceed 50 hours. to lift or move fuel in the Fuel Handling and found to have no increase. The As stated above in the safety Building. Since the methods used to concern with this accident is a assessment, subsequent to reracking, the move loads during normal operations reduction of Spent Fuel Pool water time to boil after loss of forced cooling remain nearly the same as those used inventory from bulk pool boiling in the most severe scenario is 2.89 hours previously, there is no significant resulting in uncovering fuel assemblies. (the ensuing rate of evaporative loss increase in the probability of an This situation would lead to fuel failure would not result in the fuel being accident. and subsequent significant increase in uncovered until after an additional 34 During rack removal and installation, offsite dose. Loss of spent fuel pool hours, which is 168 hours after reactor all work in the pool area will be cooling at Waterford 3 is mitigated by shutdown). However, the design basis controlled and performed in strict ensuring that a sufficient time lapse limiting pool heat load under these accordance with specific written exists between the loss of forced cooling conditions actually decreases after the procedures. Any movement of fuel and uncovering fuel. This period of time proposed modification, because of assemblies required to be performed to is compared against a reasonable period conservatisms previously used to support the modification (e.g., removal to re-establish cooling or supply an determine the heat load for this and installation of racks) will be alternative water source (such as fire condition. Therefore, the calculated performed in the same manner as during water). Evaluation of this accident time to boil in this most severe scenario normal refueling operations. Shipping usually includes determination of the will increase subsequent to the cask movements will not be performed time to boil. This time period is much proposed modification. In the unlikely during the modification period. less than the onset of any significant event that all pool cooling is lost, Accordingly, the proposed increase in offsite dose, since once sufficient time will be available modification does not involve a boiling begins it would have to continue subsequent to the proposed changes for significant increase in the probability of unchecked until the pool surface was the operators to provide alternate means an accident previously evaluated. lowered to the point of exposing active of cooling (i.e., fire water) before fuel is The consequences of the previously fuel. The time to boil represents the uncovered. Therefore, the proposed postulated scenarios for an accidental onset of loss of pool water inventory changes represents no increase in the drop of a fuel assembly in the Spent and is commonly used as a gage for consequences of loss of pool cooling. Fuel Pool have been re-evaluated for the establishing the comparison of The consequences of a design basis proposed change. The results show that consequences before and after a seismic event are not increased. The the postulated accident of a fuel refueling project. The heat up rate in the consequences of this accident are assembly striking the top of the storage Spent Fuel Pool is a nearly linear evaluated on the basis of subsequent racks will not distort the racks function of the fuel decay heat load. The fuel damage or compromise of the fuel sufficiently to impair their functionality. fuel decay heat load will increase storage or building configurations The resulting structural damage to a subsequent to the proposed changes leading to radiological or criticality falling assembly and/or a stored because of the increase in the number of concerns. The new racks have been assembly has been determined to assemblies and higher fuel burnups. The analyzed in their new configuration and remain unchanged. The minimum heat up rate established for the limiting found safe during seismic motion. Fuel subcriticality margin, Keff less than or normal heat load conditions prior to has been determined to remain intact equal to 0.95, will be maintained. The reracking was 5.41°F per hour. This and the storage racks maintain the fuel structural damage to the Fuel Handling would result in the pool temperature and fixed poison configurations 63734 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices subsequent to a seismic event. The CFR 100 and 10 CFR 20. Any new determining whether heavy load drops structural capability of the pool and events which would modify these over the pool have been considered liner will not be exceeded under the parameters sufficiently to place them previously. The postulated drop of a appropriate combinations of dead outside of the boundaries analyzed for pool gate was previously evaluated and weight, thermal, and seismic loads. The normal conditions and/or outside of the represents a heavy load drop similar to Fuel Handling Building structure will boundaries previously considered for a rack drop. All movements of heavy remain intact during a seismic event accidents would be considered a new or loads over the pool will comply with and will continue to adequately support different accident. The criticality and the applicable administrative controls and protect the fuel racks, storage array, radiological safety evaluations were and guidelines (i.e. plant procedures, and pool moderator/coolant. Thus, the reviewed to establish the list of critical NUREG–0612, etc.). Therefore, the rack consequences of a seismic event are not parameters. The fuel configuration and drop does not represent a new or increased. the existence of the moderator/coolant different kind of accident. The consequences of a spent fuel cask were identified as the only two The Cask Storage Pit and Refueling drop into the Cask Storage Pit have been parameters which were critical to safe Canal both have floor drains which will analyzed along with the new rack fuel storage. Significant modification of be plugged (a welded closed cover plate) storage configuration. This evaluation these two parameters represents the prior to installation of the new storage concluded that there is no increase in only possibility of an unsafe storage racks in each of the respective areas. consequences. Administrative controls, condition. Once the two critical The plugs will preclude any water loss appropriate changes in load paths, and parameters were established, an through the drain system. Therefore, crane travel limits will continue to additional step was taken to determine draining the Cask Storage Pit and preclude handling heavy loads above what events (which were not previously Refueling Canal through the floor drains stored fuel. Therefore, casks impacting considered) could result in changes to is not a postulated event. stored fuel is not a postulated event. the storage configuration or moderator/ Fuel assembly mispositioning in Potential damage to the cask and coolant presence during or subsequent Region 2 is an unlikely event, since contained fuel remain unchanged, since to the proposed changes. This process locating assemblies which do not meet the pertinent parameters for this was adopted to ensure that the the burnup criteria will be analysis (i.e., lift height, weight, impact possibility of any new or different administratively controlled. zone configurations, etc.) are not accident scenario or event would be Administrative controls will consist of affected by the new rack configurations. identified. developing a checkerboarding storage The floor was reanalyzed to assess the Due to the proposed changes, the pattern in the Region 2 racks prior to effect of the additional loading from following events were considered as the storage or placement of the non- higher density fuel storage. It was only events which might represent a compliant fuel in Region 1 racks. The determined that the floor remains intact new or different kind of accident: Region 2 mispositioning event with minor local crushing of concrete. a. An accidental drop of a rack represents a change from the previously The liner plate would sustain limited module during construction activity in analyzed condition, since Waterford 3 damage, which is repairable. Leakage the pool. currently has only Region 1 style would be limited to flow through the b. Draining the Cask Storage Pit and storage. Therefore, a new fuel storage leak chase system and would be Refueling Canal through the floor configuration is possible. However, the collected at the sump. The Fuel drains. event does not represent a new or Handling Building integrity would not c. Fuel assembly mispositioning different kind of accident, since fuel be compromised; therefore, there would accident in Region 2. assembly mispositioning is possible be no release of contaminated pool A construction accident resulting in a with the existing racks through water outside of the building. Makeup rack drop is an unlikely event. A new controlled or uncontrolled (assembly water from the Condensate Storage Pool rack lifting rig will be introduced to lift drop) lowering of an assembly adjacent and/or the Refueling Water Storage and suspend all but one of the racks to the outside of the storage racks. This Tank would be adequate to offset loss of using the existing Fuel Handling condition was previously evaluated and water inventory due to any leakages. Building Cranes. Either a new found to be acceptable. The new event This accident does not result in any temporary hoist or a combination of one was evaluated using similar techniques increase in offsite or Fuel Handling of the existing 15 ton cranes and a with similar acceptance criteria and was Building doses. Thus, the proposed lifting bag will be used to lift one of the shown to remain acceptable. Therefore, changes do not represent any increase in existing eighty cell racks that is adjacent due to the similarity of this new event the consequences of a postulated spent to the east wall of the Spent Fuel Pool. with that which was previously fuel cask drop. The cranes, hoists and lifting rig have analyzed it is not considered to Therefore, it is concluded that the been or will be designed using the represent a new or different kind of proposed changes do not significantly guidance of NUREG–0612 and ANSI accident. increase the probability or consequences N14.6. The postulated rack drop event The proposed change does not alter of any accident previously evaluated. is commonly referred to as a ‘‘heavy the operating requirements of the plant 2. Create the possibility of a new or load drop’’ over the pools. Heavy loads or of the equipment credited in the different kind of accident from any will not be allowed to travel over any mitigation of the design basis accidents. previously analyzed. racks containing fuel assemblies. The The proposed change does not affect To assess the possibility of new or danger represented by this event is that any of the important parameters different kind of accidents, a list of the the pool structure will be compromised required to ensure safe fuel storage. critical parameters required to ensure leading to loss of moderator/coolant, Therefore, the potential for a new or safe fuel storage was established. Safe which is one of the two critical previously unanalyzed accident is not fuel storage is defined here as providing parameters identified above. However, created. an environment which would not although the analysis of this event has 3. Involve a significant reduction in present any significant threats to been performed and shown to be the margin of safety. workers or the general public. In other acceptable, the question of a new or The function of the Spent Fuel Pool words, meeting the requirements of 10 different type of event is answered by is to store the fuel assemblies in a Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63735 subcritical and coolable configuration the limiting normal heat load) for the Room, the Gelman Building, 2120 L through all environmental and abnormal operators to intervene and line up Street, NW., Washington, DC. loadings, such as an earthquake or fuel alternate cooling paths and the means of The filing of requests for hearing and assembly drop. The new rack design inventory make-up before the onset of petitions for leave to intervene is must meet all applicable requirements pool boiling. The thermal limits discussed below. for safe storage and be functionally specified for the evaluations performed By January 2, 1998, the licensee may compatible with the Spent Fuel Pool. to support the proposed change are the file a request for a hearing with respect EOI has addressed the safety issues same as those which were used in the to issuance of the amendment to the related to the expanded pool storage previous evaluations. Therefore, the subject facility operating license and capacity in the following areas: accepted margin of safety remains the any person whose interest may be a. Material, mechanical, and same. affected by this proceeding and who structural considerations. Thus, it is concluded that the changes wishes to participate as a party in the b. Nuclear criticality. do not involve a significant reduction in proceeding must file a written request c. Thermal-hydraulic and pool the margin of safety. cooling. for a hearing and a petition for leave to The mechanical, material and The NRC staff has reviewed the intervene. Requests for a hearing and a structural designs of the new racks have licensee’s analysis and, based on this petition for leave to intervene shall be been reviewed in accordance with the review, it appears that the three filed in accordance with the applicable provisions of the NRC standards of 10 CFR 50.92(c) are Commission’s ‘‘Rules of Practice for Guidance entitled ‘‘Review and satisfied. Therefore, the NRC staff Domestic Licensing Proceedings’’ in 10 Acceptance of Spent Fuel Storage and proposes to determine that the CFR Part 2. Interested persons should Handling Applications’’. The rack amendment request involves no consult a current copy of 10 CFR 2.714 materials used are compatible with the significant hazards consideration. which is available at the Commission’s spent fuel assemblies and the Spent The Commission is seeking public Public Document Room, the Gelman Fuel Pool environment. The design of comments on this proposed Building, 2120 L Street, NW., the new racks preserves the proper determination. Any comments received Washington, DC, and at the local public margin of safety during abnormal loads within 30 days after the date of document room located at the such as a dropped assembly and tensile publication of this notice will be University of New Orleans Library, loads from a stuck assembly. It has been considered in making any final Louisiana Collection, Lakefront, New shown that such loads will not determination. Orleans, LA 70122. If a request for a invalidate the mechanical design and Normally, the Commission will not hearing or petition for leave to intervene material selection to safely store fuel in issue the amendment until the is filed by the above date, the a coolable and subcritical configuration. expiration of the 30-day notice period. Commission or an Atomic Safety and The methodology used in the However, should circumstances change Licensing Board, designated by the criticality analysis of the expanded during the notice period such that Commission or by the Chairman of the Spent Fuel Pool meets the appropriate failure to act in a timely way would Atomic Safety and Licensing Board NRC guidelines and the ANSI standards result, for example, in derating or Panel, will rule on the request and/or (GDC 62, NUREG 0800, Section 9.1.2, shutdown of the facility, the petition; and the Secretary or the NRC Guidance entitled, ‘‘Review and Commission may issue the license designated Atomic Safety and Licensing Acceptance of Spent Fuel Storage and amendment before the expiration of the Board will issue a notice of hearing or Handling Applications’’, Reg. Guide 30-day notice period, provided that its an appropriate order. 1.13, and ANSI ANS 8.17). The margin final determination is that the As required by 10 CFR 2.714, a of safety for subcriticality is maintained amendment involves no significant petition for leave to intervene shall set by having the neutron multiplication hazards consideration. The final forth with particularity the interest of factor equal to, or less than, 0.95 under determination will consider all public the petitioner in the proceeding, and all accident conditions, including and State comments received. Should how that interest may be affected by the uncertainties. This criterion is the same the Commission take this action, it will results of the proceeding. The petition as that used previously to establish publish in the Federal Register a notice should specifically explain the reasons criticality safety evaluation acceptance of issuance and provide for opportunity why intervention should be permitted and remains satisfied for all analyzed for a hearing after issuance. The with particular reference to the accidents. Therefore, the accepted Commission expects that the need to following factors: (1) The nature of the margin of safety remains the same. take this action will occur very petitioner’s right under the Act to be The thermal-hydraulic and cooling infrequently. made party to the proceeding; (2) the evaluation of the pool demonstrated that Written comments may be submitted nature and extent of the petitioner’s the pool can be maintained below the by mail to the Chief, Rules and property, financial, or other interest in specified thermal limits under the Directives Branch, Division of Freedom the proceeding; and (3) the possible conditions of the maximum heat load of Information and Publications effect of any order which may be and during all credible accident Services, Office of Administration, U.S. entered in the proceeding on the sequences and seismic events. The pool Nuclear Regulatory Commission, petitioner’s interest. The petition should temperature will not exceed 140 °F Washington, DC 20555–0001, and also identify the specific aspect(s) of the during the worst single failure of a should cite the publication date and subject matter of the proceeding as to cooling pump. The maximum local page number of this Federal Register which petitioner wishes to intervene. water temperature in the hot channel notice. Written comments may also be Any person who has filed a petition for will remain below the boiling point. The delivered to Room 6D22, Two White leave to intervene or who has been fuel will not undergo any significant Flint North, 11545 Rockville Pike, admitted as a party may amend the heat-up after an accidental drop of a fuel Rockville, Maryland, from 7:30 a.m. to petition without requesting leave of the assembly on top of the rack blocking the 4:15 p.m. Federal workdays. Copies of Board up to 15 days prior to the first flow path. A loss of cooling to the pool written comments received may be prehearing conference scheduled in the will allow sufficient time (5.3 hours for examined at the NRC Public Document proceeding, but such an amended 63736 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices petition must satisfy the specificity Rulemakings and Adjudications Staff, or for a hearing or petitions to intervene, requirements described above. may be delivered to the Commission’s as well as the admission of contentions.) Not later than 15 days prior to the first Public Document Room, the Gelman The presiding officer shall grant a prehearing conference scheduled in the Building, 2120 L Street, NW., timely request for oral argument. The proceeding, a petitioner shall file a Washington, DC, by the above date. A presiding officer may grant an untimely supplement to the petition to intervene copy of the petition should also be sent request for oral argument only upon which must include a list of the to the Office of the General Counsel, showing of good cause by the requesting contentions which are sought to be U.S. Nuclear Regulatory Commission, party for the failure to file on time and litigated in the matter. Each contention Washington, DC 20555–0001, and to after providing the other parties an must consist of a specific statement of N.S. Renolds, Esq., Winston & Stran, opportunity to respond to the untimely the issue of law or fact to be raised or 1400 L Street, N.W., Washington, D.C. request. If the presiding officer grants a controverted. In addition, the petitioner 20005–3502, attorney for the licensee. request for oral argument, any hearing shall provide a brief explanation of the Nontimely filings of petitions for held on the application shall be bases of the contention and a concise leave to intervene, amended petitions, conducted in accordance with the statement of the alleged facts or expert supplemental petitions and/or requests hybrid hearing procedures. In essence, opinion which support the contention for hearing will not be entertained those procedures limit the time and on which the petitioner intends to absent a determination by the available for discovery and require that rely in proving the contention at the Commission, the presiding officer or the an oral argument be held to determine hearing. The petitioner must also presiding Atomic Safety and Licensing whether any contentions must be provide references to those specific Board that the petition and/or request resolved in adjudicatory hearing. If no sources and documents of which the should be granted based upon a party to the proceedings requests oral petitioner is aware and on which the balancing of the factors specified in 10 argument, or if all untimely requests for petitioner intends to rely to establish CFR 2.714(a)(1)(i)–(v) and 2.714(d). oral argument are denied, then the usual those facts or expert opinion. Petitioner The Commission hereby provides procedures in 10 CFR Part 2, Subpart G, must provide sufficient information to notice that this a proceeding on an apply. show that a genuine dispute exists with application for a license amendment For further details with respect to this the applicant on a material issue of law falling within the scope of section 134 action, see the application for or fact. Contentions shall be limited to of the Nuclear Waste Policy Act of 1982 amendment dated March 27, 1997, as matters within the scope of the (NWPA), 42 U.S.C. 10154. Under supplemented on April 3, and amendment under consideration. The section 134 of the NWPA, the November 13, 1997, which is available contention must be one which, if Commission, at the request of any party for public inspection at the proven, would entitle the petitioner to to the proceeding, must use hybrid Commission’s Public Document Room, hearing procedures with respect to ‘‘any relief. A petitioner who fails to file such the Gelman Building, 2120 L Street, matter which the Commission a supplement which satisfies these NW., Washington, DC, and at the local determines to be in controversy among requirements with respect to at least one public document room located at the the parties.’’ The hybrid procedures in contention will not be permitted to University of New Orleans Library, section 134 provide for oral argument participate as a party. Louisiana Collection, Lakefront, New Those permitted to intervene become on matters in controversy, preceded by Orleans, LA 70122. parties to the proceeding, subject to any discovery under the Commission’s limitations in the order granting leave to rules, and the designation, following Dated at Rockville, Maryland, this 20th day intervene, and have the opportunity to argument, of only those factual issues of November 1997. participate fully in the conduct of the that involve a genuine and substantial For the Nuclear Regulatory Commission. hearing, including the opportunity to dispute, together with any remaining Chandu P. Patel, present evidence and cross-examine questions of law, to be resolved in an Project Manager, Project Directorate IV–1, witnesses. adjudicatory hearing. Actual Division of Reactor Projects—III/IV, Office of If a hearing is requested, the adjudicatory hearings are to be held on Nuclear Reactor Regulation. Commission will make a final only those issues found to meet the [FR Doc. 97–31517 Filed 12–1–97; 8:45 am] determination on the issue of no criteria of section 134 and set for BILLING CODE 7590±01±P significant hazards consideration. The hearing after oral argument. final determination will serve to decide The Commission’s rules when the hearing is held. implementing section 134 of the NWPA NUCLEAR REGULATORY If the final determination is that the are found in 10 CFR Part 2, Subpart K, COMMISSION ‘‘Hybrid Hearing Procedures for amendment request involves no [Docket No. 50±245] significant hazards consideration, the Expansion of Spent Nuclear Fuel Commission may issue the amendment Storage Capacity at Civilian Nuclear Northeast Nuclear Energy Company; and make it immediately effective, Power Reactors’’ (published at 50 FR Millstone Nuclear Power Station, Unit notwithstanding the request for a 41670, October 15, 1985) to 10 CFR No. 1, Environmental Assessment and hearing. Any hearing held would take 2.1101 et seq. Under those rules, any Finding of No Significant Impact place after issuance of the amendment. party to the proceeding may invoke the If the final determination is that the hybrid hearing procedures by filing with The U.S. Nuclear Regulatory amendment request involves a the presiding officer a written request Commission (the Commission) is significant hazards consideration, any for oral argument under 10 CFR 2.1109. considering issuance of an exemption hearing held would take place before To be timely, the request must be filed from Facility Operating License No. the issuance of any amendment. within 10 days of an order granting a DPR–21, issued to Northeast Nuclear A request for a hearing or a petition request for hearing or petition to Energy Company (NNECO or the for leave to intervene must be filed with intervene. (As outlined above, the licensee), for operation of the Millstone the Secretary of the Commission, U.S. Commission’s rules in 10 CFR Part 2, Nuclear Power Station, Unit 1 Nuclear Regulatory Commission, Subpart G, and 2.714 in particular, (Millstone Unit 1), located in New Washington, DC 20555–0001, Attention: continue to govern the filing of requests London County, Connecticut. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63737

Environmental Assessment impacts associated with the proposed Library, ATTN: Vince Juliano, 49 Rope action. Ferry Road, Waterford, Connecticut. Identification of the Proposed Action With regard to potential Dated at Rockville, Maryland, this 25th day The proposed action would allow for nonradiological impacts, the proposed of November 1997. a one-time scheduler exemption from action does involve features located For the Nuclear Regulatory Commission. the containment local leak rate testing entirely within the restricted area as requirements of Title 10 of the Code of Phillip F. McKee, defined in 10 CFR Part 20. It does not Deputy Director for Licensing, Special Federal Regulation (10 CFR) part 50, affect nonradiological plant effluents Appendix J, Option A, Sections Projects Office, Office of Nuclear Reactor and has no other environmental impact. Regulation. III.D.2.(a) and III.D.3. Appendix J Accordingly, the Commission concludes requires these tests to be performed at [FR Doc. 97–31519 Filed 12–1–97; 8:45 am] that there are no significant BILLING CODE 7590±01±P every refueling outage with the interval nonradiological environmental impacts not to exceed 2 years. The temporary associated with the proposed action. scheduler exemption would extend the NUCLEAR REGULATORY interval for Type B and Type C local Alternatives to the Proposed Action COMMISSION leak rate testing (LLRT) of containment Since the Commission has concluded penetrations beyond the 2-year limit of there is no measurable environmental Sunshine Act Meeting 10 CFR Part 50, Appendix J. Instead of impact associated with the proposed AGENCY HOLDING THE MEETING: performing the tests within the 2-year action, any alternatives with equal or Nuclear interval, NNECO would perform the greater environmental impact need not Regulatory Commission. tests prior to containment integrity be evaluated. As an alternative to the DATE: Weeks of December 1, 8, 15, and being required for startup from the proposed action, the staff considered December 22, 1997. current refueling outage. denial of the proposed action. Denial of PLACE: Commissioners’ Conference The proposed action is in accordance the application would result in no Room, 11555 Rockville Pike, Rockville, with the licensee’s application for change in current environmental Maryland. exemption dated October 16, 1997. impacts. The environmental impacts of STATUS: Public and Closed. The Need for the Proposed Action the proposed action and the alternative MATTERS TO BE CONSIDERED: The proposed action is needed to action are similar. Week of December 1 postpone testing to maximize the use of Alternative Use of Resources limited resources during the current There are no meetings the week of outage to allow for improving the This action does not involve the use December 1. of any resources not previously Millstone Unit 1 Appendix J program. Week of December 8—Tentative The postponement would also allow considered in the Final Environmental NNECO to avoid any additional Statement for the Millstone Nuclear Thursday, December 11 Power Station, Unit 1. radiation exposure and expense in 2:00 p.m.—Briefing on Investigative testing a number of penetrations and Agencies and Persons Consulted Matters (Closed—Ex. 5 & 7) valves more than once during the 3:00 p.m.—Affirmation Session (Public In accordance with its stated policy, current refueling outage. Meeting) (if needed) on October 30, 1997, the staff consulted Environmental Impacts of the Proposed with the Connecticut State official, Friday, December 12 Action Kevin Scott of the Department of 9:00 a.m.—Meeting with Northeast The proposed exemption would Environmental Protection, Radiation Nuclear on Millstone (Public postpone the next Type B and Type C Control Section, regarding the Meeting) (Contact: Bill Travers, tests until prior to restart from the environmental impact of the proposed 301–415–1200) current refueling outage (Refueling action. The State official had no Outage Cycle 15). The NRC staff has comments. Week of December 15—Tentative reviewed the proposed exemption and Finding of No Significant Impact Wednesday, December 17 concluded that the Type B and Type C Based upon the environmental 2:00 p.m.—Briefing on Integration and tests are not required to ensure that Evaluation of Results from Recent offsite doses will be acceptable. This assessment, the Commission concludes that the proposed action will not have Lessons-Learned Reviews conclusion is based on the licensee’s (including 50.59 Process facility remaining shut down until after a significant effect on the quality of the human environment. Accordingly, the Improvements) (Public Meeting) the Type B and Type C tests are (Contact: Eileen McKenna, 301– performed. As long as Millstone Unit 1 Commission has determined not to prepare an environmental impact 415–2189) remains shut down, containment 3:30 p.m.—Affirmation Session (Public statement for the proposed action. integrity is not required and, therefore, Meeting) (if needed) testing for containment integrity is not For further details with respect to the required. proposed action, see the licensee’s letter Thursday, December 18 The change will not increase the dated October 16, 1997, which is 10:00 a.m.—Meeting with Advisory probability or consequences of available for public inspection at the Committee on Nuclear Waste accidents, no changes are being made in Commission’s Public Document Room, (ACNW) (Public Meeting) (Contact: the types of any effluents that may be The Gelman Building, 2120 L Street, John Larkins, 301–415–7360) released offsite, and there is no NW., Washington, DC, and at the local significant increase in the allowable public document room located at the Week of December 22—Tentative individual or cumulative occupational Learning Resources Center, Three Rivers There are no meetings the week of radiation exposure. Accordingly, the Community-Technical College, 574 New December 22. Commission concludes that there are no London Turnpike, Norwich, * The schedule for Commission significant radiological environmental Connecticut, and at the Waterford meetings is subject to change on short 63738 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices notice. To verify the status of meetings (http://www.nrc.gov). This site provides subchapter IV, chapter 53, 5 U.S.C., as call (recording)—(301) 415–1292. the availability to upload comments as amended, and from time to time advise Contact person for more information: files (any format), if your web browser the Office of Personnel Management. Bill Hill (301) 415–1661. supports that function. For information These scheduled meetings will start The NRC Commission Meeting about the interactive rulemaking in open session with both labor and Schedule can be found on the Internet website, contact Ms. Carol Gallagher, management representatives attending. at (301) 415–5905; e-mail [email protected]. During the meetings either the labor http://www.nrc.gov/SECY/smj/ Regulatory guides are available for members or the management members schedule@htm inspection at the Commission’s Public may caucus separately with the Chair to This notice is distributed by mail to Document Room, 2120 L Street NW., devise strategy and formulate positions. several hundred subscribers: if you no Washington, DC. Requests for single Premature disclosure of the matters longer wish to receive it, or would like copies of draft or final guides should be discussed in these caucuses would to be added to it, please contact the made in writing to the U.S. Nuclear unacceptably impair the ability of the Office of the Secretary, Attn: Operations Regulatory Commission, Washington, Committee to reach a consensus on the Branch, Washington, D.C. 20555 (301– DC 20555, Attention: Printing, Graphics matters being considered and would 415–1661). and Distribution Branch; or by fax at disrupt substantially the disposition of In addition, distribution of this (301) 415–5272. Telephone requests its business. Therefore, these caucuses meeting notice over the Internet system cannot be accommodated. Regulatory will be closed to the public because of is available. If you are interested in guides are not copyrighted, and a determination made by the Director of receiving this Commission meeting Commission approval is not required to the Office of Personnel Management schedule electronically, please send an reproduce them. under the provisions of section 10(d) of electronic message to [email protected] or (5 U.S.C. 552(a)) the Federal Advisory Committee Act (Pub. L. 92–463) and 5 U.S.C. [email protected]. Dated at Rockville, Maryland, this 25th day of November 1997. 552b(c)(9)(B). These caucuses may, Dated: November 26, 1997. depending on the issues involved, For the Nuclear Regulatory Commission. William M. Hill, Jr., constitute a substantial portion of a Secy, Tracking Officer, Office of the Secretary. John W. Craig, meeting. [FR Doc. 97–31729 Filed 11–28–97; 2:48 pm] Deputy Director, Division of Engineering Annually, the Chair compiles a report Technology, Office of Nuclear Regulatory BILLING CODE 7590±01±M of pay issues discussed and concluded Research. recommendations. These reports are [FR Doc. 97–31516 Filed 12–1–97; 8:45 am] available to the public, upon written NUCLEAR REGULATORY BILLING CODE 7590±01±M request to the Committee’s Secretary. COMMISSION The public is invited to submit material in writing to the Chair on Draft Regulatory Guide; Extension of OFFICE OF PERSONNEL Federal Wage System pay matters felt to Comment Period MANAGEMENT be deserving of the Committee’s attention. Additional information on The Nuclear Regulatory Commission Federal Prevailing Rate Advisory this meeting may be obtained by issued Draft Regulatory Guide DG–1070, Committee Open Committee Meetings contacting the Committee’s Secretary, ‘‘Sampling Plans Used for Dedicating Office of Personnel Management, Simple Metallic Commercial Grade According to the provisions of section Federal Prevailing Rate Advisory Items for Use in Nuclear Power Plants,’’ 10 of the Federal Advisory Committee Committee, Room 5559, 1900 E Street, for public comment in September 1997 Act (Pub. L. 92–463), notice is hereby NW., Washington, DC 20415 (202) 606- (see 62 FR 52166). This draft guide is given that meetings of the Federal 1500. being developed to describe methods Prevailing Rate Advisory Committee acceptable to the NRC staff for will be held on: Dated: November 21, 1997. complying with the NRC’s regulations Thursday, January 15, 1998 Phyllis G. Heuerman, with regard to quality assurance Thursday, January 29, 1998 Chair, Federal Prevailing Rate Advisory requirements when using a sampling Thursday, February 12, 1998 Committee. plan for dedicating simple metallic Thursday, February 26, 1998 [FR Doc. 97–31538 Filed 12–1–97; 8:45 am] Thursday, March 12, 1998 commercial grade items for unrestricted BILLING CODE 6325±01±P use in nuclear power plants. Thursday, March 26, 1998 The Nuclear Energy Institute has The meetings will start at 10:00 a.m. requested a 60-day extension of the and will be held in Room 5A06A, Office SMALL BUSINESS ADMINISTRATION comment period. The NRC hereby of Personnel Management Building, # grants NEI’s request and extends the 1900 E Street, NW., Washington, DC. [Declaration of Disaster 2990] comment period from December 1, The Federal Prevailing Rate Advisory California 1997, to January 30, 1998. Committee is composed of a Chair, five Written comments may be submitted representatives from labor unions Yuba County and the contiguous to the Rules and Directives Branch, holding exclusive bargaining rights for counties of Butte, Nevada, Placer, Office of Administration, U.S. Nuclear Federal blue-collar employees, and five Plumas, Sierra, and Sutter in the State Regulatory Commission, Washington, representatives from Federal agencies. of California constitute a disaster area as DC 20555. Copies of comments received Entitlement to membership on the a result of damages caused by a severe may be examined at the NRC Public Committee is provided for in 5 U.S.C. fire which occurred on September 27– Document Room, 2120 L Street, NW., 5347. 28, 1997. Applications for loans for Washington, DC. The Committee’s primary physical damage as a result of this Comments may also be submitted via responsibility is to review the Prevailing disaster may be filed until the close of the NRC’s interactive rulemaking Rate System and other matters pertinent business on January 20, 1998 and for website through the NRC home page to establishing prevailing rates under economic injury until the close of Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63739 business on August 20, 1998 at the DEPARTMENT OF STATE and consumer transactions; possible address listed below: U.S. Small rules on risk allocation, attribution and [Public Notice 2655] Business Administration, Disaster Area reliance; whether third party assurance 4 Office, P.O. Box 13795, Sacramento, Bureau of Political-Military Affairs; providers, such as certifying authorities, CA 95853–4795 or other locally Determination Under the Arms Export should have to meet minimum levels of announced locations. Control Act assurance; what role information The interest rates are: security standards should play in this Pursuant to Section 654(c) of the process; whether rules are needed on Percent Foreign Assistance Act of 1961, as incorporation by reference; what types amended, notice is hereby given that the of rules for cross-certification between For Physical Damage: Acting Secretary of State has made a different countries are feasible; whether Homeowners with credit avail- determination pursuant to Section 81 of agreement should be sought on able elsewhere ...... 8.000 the Arms Export Control Act and has underlying rules for accreditation, and if Homeowners without credit concluded that publication of the available elsewhere ...... 4.000 so, in what international bodies, and Businesses with credit available determination would be harmful to the other related issues. Jurisdictional elsewhere ...... 8.000 national security of the United States. issues will also be discussed as Businesses and non-profit orga- Dated: November 19, 1997. appropriate. nizations without credit avail- Thomas E. McNamara, Participants may wish to review the able elsewhere ...... 4.000 Others (including non-profit or- Assistant Secretary of State for Political- recently completed UNCITRAL Model ganizations) with credit avail- Military Affairs. Law on Electronic Commerce, available able elsewhere ...... 7.250 [FR Doc. 97–31465 Filed 12–1–97; 8:45 am] with a Guide to Enactment from U,N. For Economic Injury: BILLING CODE 4710±25±M document outlets as Doc. V.97–22269, Businesses and small agricul- May 1997, or from the Office of the tural cooperatives without Legal Adviser at the address below, credit available elsewhere ..... 4.000 DEPARTMENT OF STATE which covers the legal effect and [Public Notice No. 2659] validity of computer messages in The number assigned to this disaster commercial transactions; functional for physical damage is 299005 and for Secretary of State's Advisory equivalents of signatures, writing, etc.; economic injury the number is 967000. Committee on Private International attribution of messages; time and place (Catalog of Federal Domestic Assistance Law (ACPIL); Study Group on where communications are deemed to Program Nos. 59002 and 59008) Electronic Commerce Meeting Notice have taken place, and other matters. Dated: November 20, 1997. The Department of Commerce and the The meeting is open to the public up Aida Alvarez, Department of State’s Advisory to the capacity of the meeting room, and Administrator. Committee Study Group on Electronic members of the public may participate [FR Doc. 97–31496 Filed 12–1–97; 8:45 am] Commerce will cosponsor a meeting subject to rulings of the Chair. The BILLING CODE 8025±01±M Monday, December 15 in Washington, meeting will be held at the Department DC, from 9:30 a.m. to 4:30 p.m. at the of Commerce in Conference Room 5855; Department of Commerce. The purpose entry to the Commerce Department SMALL BUSINESS ADMINISTRATION of the meeting is to review international should be through the main entrance on and national developments concerning 14th Street between Constitution and Region III Advisory Council; Public computer-based signature and message Pennsylvania Avenues. Participants Meeting integrity systems, and consider possible should register in advance since space may be limited. Please advise either the The U.S. Small Business approaches to international rules and related domestic concerns. In particular, Office of Legal Adviser (L/PIL) at the Administration, Region III Advisory State Department by calling Rosie Council, located in the geographical consideration will be given to meetings on these and related topics at the United Gonzales at (202) 776–8420 or by fax area of Clarksburg, West Virginia, will 776–8482, or e-mail at: [email protected]., hold a public meeting at 10:30 am–3:30 Nations Commission on International Trade Law (UNCITRAL), the OECD and or Brian Hengesbaugh at the Commerce pm, on Thursday, December 4, 1997, at Department, Office of Chief Counsel for U.S. Small Business Administration, other international bodies. The Advisory Committee will also International Commerce, (202) 482– Charleston Branch Office, 4th Floor 4602 or fax (202) 482–4076, of your Conference Room, 405 Capitol Street, consider, where relevant, recent developments at the National name and government agency Charleston, WV, 25301 to discuss such identification, or affiliation and address, matters as may be presented by Conference of Commissioners on Uniform State Laws (NCCUSL), as well as telephone and fax number, members, staff of the U.S. Small and e-mail if available. Business Administration, or others legislative initiatives by states within present. the U.S., and programs of various Members of the public who cannot federal agencies. attend are welcome to request available For further information, write or call Issues that may be reviewed by the documentation and to comment in Ms. Jayne Armstrong, State Director, Advisory Committee include, but are writing on this topic, including any U.S. Small Business Administration, not limited to, prior U.S. views recommendations for possible U.S. 168 West Main Street, Clarksburg, WV, encouraging international bodies to positions to be put forward at 26301, (304) 623–5631. examine all forms of electronic international meetings on electronic Gene Carlson, signatures, and to encompass both signatures. For documentation or Associate Administrator, Office of regulated/licensed systems as well as additional information contact Harold Communications & Public Liaison. unregulated private sector systems; Burman at the State Department Office [FR Doc. 97–31497 Filed 12–1–97; 8:45 am] whether rules for signature systems indicated above. The mailing address is: BILLING CODE 8025±01±M should distinguish between commercial Office of the Legal Adviser, Suite 355 63740 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

South Building, 2430 E Street, NW., FOR FURTHER INFORMATION CONTACT: practice as applied in the final Washington, DC 20037–2800. William D. Hunter, Office of the General determination shifted the burden of Harold S. Burman, Counsel (202) 395–3582. proof from the United States to the Executive Director, Secretary of State’s SUPPLEMENTARY INFORMATION: By letter respondents in contradiction of Article Advisory Committee on Private International dated November 6, 1997, the II of the Antidumping Agreement; Law. Government of Korea requested the • The United States has failed to [FR Doc. 97–31662 Filed 12–1–97; 8:45 am] establishment of a panel to examine the publish promptly, and in such a manner BILLING CODE 4710±08±M Department of Commerce’s continuing as to enable governments and traders to imposition of an antidumping order on become acquainted with them, objective DRAMS of one megabyte or above from and specific factors regarding the ‘‘not OFFICE OF THE UNITED STATES Korea. Although there currently are no likely’’ criterion, and Commerce TRADE REPRESENTATIVE scheduled meetings of the WTO Dispute impermissibly accepted and rejected Settlement Body (DSB) during the data in a biased fashion inconsistent [Docket No. WTO/D±23] remainder of 1997, it is possible that a with Article X of GATT 1994 and meeting could be scheduled during this Articles 11 and 17 of the Antidumping WTO Dispute Settlement Proceeding time and that the DSB could establish a Agreement; Regarding U.S. Antidumping Duties on panel before the end of 1997. Under • The U.S. maintenance of the Dynamic Random Access normal circumstances, the panel, which antidumping order on DRAMS without Semiconductors (DRAMS) of One will hold its meetings in Geneva, considering whether the injury to the Megabyte or Above From Korea Switzerland, would be expected to issue U.S. industry would be likely to continue or recur if the duty were AGENCY: Office of the United States a report detailing its findings and Trade Representative. recommendations within six to nine removed is inconsistent with Article 11 months after it is established. of the Antidumping Agreement; ACTION: Notice; request for comments. • Commerce’s decision regarding the Major Issues Raised by the Government SUMMARY: products subject to the order is Pursuant to section 127(b)(1) of Korea and Legal Basis of Complaint of the Uruguay Round Agreements Act inconsistent with Articles 2 and 3 of the (URAA) (19 U.S.C. 3537(b)(1), the Office In its request for the establishment of Antidumping Agreement because it of the United States Trade a panel, the Government of Korea has included products that were never Representative (USTR) is providing identified as the measures at issue (1) found to have been dumped or to have notice that the government of Korea has the July 16 determination by Commerce; caused injury, and it arbitrarily requested the establishment of a dispute and (2) the U.S. Tariff Act of 1930, as excluded products that were like settlement panel under the Marrakesh amended (19 U.S.C. 1673 et seq.) and products to those investigated; • Commerce’s final determination not Agreement Establishing the World the relevant Commerce regulations (19 to revoke the order based on unverified Trade Organization (WTO) to examine CFR Part 353 (1997), both as applied information from the petitioner and the continuing imposition by the United and on their face. The Government of mere conjecture without any substantial States of antidumping duties on Korea alleges that these measures are data, and Commerce’s failure to give dynamic access memory inconsistent with several provisions of adequate consideration to information semiconductors (DRAMS) of one the WTO agreements, including the submitted by the Korean respondents in megabyte or above from Korea. following specific allegations: • Commerce’s final determination not the administrative review is Specifically, on July 16, 1997, in its to revoke the antidumping order, after inconsistent with Articles 2, 6 and final determination in the findings of no or de minimis dumping 17.6(I) of the Antidumping Agreement administrative review of an margins, and respondent companies’ and Article VI of GATT 1994; antidumping order on DRAMS from certification that they would not dump • Commerce’s selection of the period Korea, the Department of Commerce in the future and agreement to of review for the ‘‘not likely’’ criterion determined not to revoke the order. 62 reinstatement in the order in the event was improper and not objective, and FR 39809 (July 24, 1997). Commerce they were to dump the merchandise in therefore is inconsistent with Article declined to revoke the order because it the future, is inconsistent with Article 17.6(I) of the Antidumping Agreement found that one of the regulatory criteria 11 of the Antidumping Agreement and and Article X of GATT 1994; for revocation had not been satisfied; Article VI of GATT 1994; • Commerce’s final determination is namely, based on the evidence before it, • The ‘‘not likely’’ criterion under inconsistent with Article I of GATT Commerce was not satisfied that future Commerce’s regulations gives 1994 in that it denied to the Korean dumping of DRAMS by the Korean Commerce wide discretion in deciding respondents the revocation of the producers in question was ‘‘not likely.’’ on revocation, and allows Commerce to antidumping order after three DATES: Although USTR will accept any maintain an order in an arbitrary and consecutive reviews finding no or de comments received during the course of unjustifiable manner despite the minimis dumping margins, and after the dispute settlement proceedings, absence of dumping for several years, those respondents certified that they comments should be submitted on or respondents’ certification not to dump would not dump in the future, and after before January 5, 1998, to be assured of in the future, and the agreement to they agreed to the reimposition of the timely consideration by USTR in reinstatement of the order in the event order if dumping occurred, even though preparing its first written submission to they dump DRAMS in the future. This Commerce revoked antidumping orders the panel. criterion, both as applied in Commerce’s in the same circumstances involving ADDRESSES: Comments may be final determination and on its face, is other Members; submitted to Ileana Falticeni, Litigation inconsistent with Article 11 of the • Commerce’s standard for Assistant, Office of Monitoring and Antidumping Agreement and Article VI determining whether to revoke Enforcement, Room 501, Attn: Korea of GATT 1994 and exceeds the scope of antidumping orders is impossible to DRAMS Dispute, Office of the U.S. those agreements; meet in proceedings involving cyclical Trade Representative, 600 17th Street, • The negative standard of the ‘‘not industries such as the DRAMS industry, N.W., Washington, DC 20508. likely’’ criterion and Commerce’s and, therefore, both on its face and as Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63741 applied in the final determination, is the report of the dispute settlement Form(s): OCE–46. inconsistent with Article 11 of the panel and, if applicable, the report of Abstract: The Secretary of Antidumping Agreement; the Appellate Body. An appointment to Transportation is authorized to • The margin of dumping established review the public file (Docket WTO/D– promulgate regulations that provide for by the United States to be de minimis 23 (‘‘U.S.-Anti-Dumping Duties on the registration of for-hire motor carriers in administrative review proceedings is DRAMS from Korea’’) may be made by of regulated commodities under 49 inconsistent with Article 5.8 of the calling Brenda Webb, (202) 395–6186. U.S.C. 13902, for surface freight Antidumping Agreement; and The USTR Reading Room is open to the forwarders under 49 U.S.C. 13903, and • The refusal by the United States to public from 9:30 a.m. to 12 noon and 1 for property brokers under 49 U.S.C. revoke the antidumping order in light of p.m. to 4 p.m., Monday through Friday. 13904. The Secretary has adopted Korea’s data collection proposal is Frederick L. Montgomery, regulations to implement these inconsistent with Article I of GATT Chairman, Trade Policy Staff Committee. registration procedures. Under Title 49 1994, given the U.S. acceptance of such [FR Doc. 97–31524 Filed 12–1–97; 8:45 am] U.S.C. 13905, each registration is proposals and consequent revocation of BILLING CODE 3190±01±M effective from the date specified and antidumping orders in similar cases remains in effect for such period as the involving other Members. Secretary of Transportation determines Public Comment: Requirements for DEPARTMENT OF TRANSPORTATION appropriate by regulation. Subsection Submissions (c) of 49 U.S.C. 13905 provides that, on Office of the Secretary application of the registrant, the Interested persons are invited to Secretary may amend or revoke a submit written comments concerning Reports, Forms and Recordkeeping registration. Authority pertaining to the issues raised in the dispute. Requirements; Agency Information these registrations has been delegated to Comments must be in English and Collection Activity Under OMB Review the FHWA. provided in fifteen copies. A person Form OCE–46 allows transportation requesting that information submitted AGENCY: Office of the Secretary, DOT. entities to apply voluntarily for be treated as confidential business ACTION: Notice. revocation of their registration in whole information must certify that such or in part. The form asks for the SUMMARY: information is business confidential and In compliance with the registrant’s docket number, name and would not customarily be released to Paperwork Reduction Act 1995 (44 USC address, and the reasons for the the public by the commenter in Chapter 35), this notice announces that revocation request. accordance with 15 CFR 2007. the Information Collection Requests Estimated Annual Burden Hours: 400 Confidential business information must (ICRs) abstracted below have been hours. be clearly marked ‘‘BUSINESS forwarded to the Office of Management Title: Application for Certificate of CONFIDENTIAL’’ in a contrasting color and Budget (OMB) for review and Registration for Foreign Motor Carriers ink at the top of each page of each copy. comment. The ICRs describes the nature and Foreign Motor Private Carriers Information or advice contained in a of the information collections and their under 49 U.S.C. 13902(c). comment submitted, other than business expected burden. The Federal Register OMB Number: 2125–0572. confidential information, may be (FR) Notice with a 60-day comment Affected Public: Foreign Motor determined by USTR to be confidential period soliciting comments on Carriers. in accordance with section 135(g)(2) of information collection 2125–0571 was Type of Request: Reinstatement, the Trade Act of 1974 (19 U.S.C. published on July 22, 1997 [62 FR without change, of a previously 2155(g)(2)). If the submitter believes that 39300] and the FR Notice for 2125–0572 approved collection for which approval information or advice may qualify as was published on July 22, 1997 [62 FR has expired. such, the submitter— 39301]. Form(s): OP–2. (1) Must so designate that information DATES: Comments must be submitted on or advice; Abstract: Basic licensing procedures or before (Insert 30 days from date of for registering foreign motor carriers to (2) Must clearly mark the material as publication). ‘‘SUBMITTED IN CONFIDENCE’’ in a operate across the border into the FOR FURTHER INFORMATION CONTACT: contrasting color ink at the top of each United States are found at 49 U.S.C. page of each copy; and Contact Mr. Thomas Vining, Office of 13902(c). Related regulations appear at (3) Is encouraged to provide a non- Motor Carriers, (202) 358–7028, Federal 49 CFR 368. The FHWA carries out this confidential summary of the Highway Administration, Department of registration program under authority information or advice. Transportation, 400 Seventh Street, delegated by the Secretary of Pursuant to section 127(e) of the SW., Washington, DC 20590; for Transportation. Form OP–2 is used by URAA (19 U.S.C. 3537(e)), USTR will information collections 2125–0571 and foreign motor carriers to apply for maintain a file on this dispute 2125–0572. registration with the FHWA. The form requests information on the motor settlement proceeding, accessible to the SUPPLEMENTARY INFORMATION: public, in the USTR Reading Room: carrier’s location, the form of business, Room 101, Office of the United States Federal Highway Administration ownership and control, and proposed Trade Representative, 600 17th Street, (FHWA) operations. N.W., Washington, DC 20508. The Title: Request for Revocation of ADDRESS: Send comments to the Office public file will include a listing of any Authority Granted. of Information and Regulatory Affairs, comments received by USTR from the OMB Number: 2125–0571. Office of Management and Budget, 725– public with respect to the proceeding; Type of Request: Reinstatement, 17th Street, NW., Washington, DC the U.S. submissions to the panel in the without change, of a previously 20503, Attention FHWA Desk Officer. proceeding; the submissions, or non- approved collection for which approval Comments are invited on: whether the confidential summaries of submissions, has expired. proposed collection of information is to the panel received from other Affected Public: Motor Carriers, necessary for the proper performance of participants in the dispute, as well as Freight Forwarders, and Brokers. the functions of the Department, 63742 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices including whether the information will DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION have practical utility; the accuracy of the Department’s estimate of the burden Federal Aviation Administration Federal Aviation Administration of the proposed information collection; RTCA, Inc.; Technical Management ways to enhance the quality, utility and [AC No. 121±29A] clarity of the information to be Committee Proposed Revised Advisory CircularÐ collected; and ways to minimize the Pursuant to section 10(a)(2) of the Carry-On Baggage burden of the collection of information Federal Advisory Committee Act (Pub. on respondents, including the use of L. 92–463, 5 U.S.C., Appendix 2), notice automated collection techniques or AGENCY: Federal Aviation Administration (FAA), DOT. is hereby given for the RTCA Technical other forms of information technology. Management Committee meeting to be Issued in Washington, DC, on November ACTION: Request for comments on held December 16, 1997, starting at 9:00 25, 1997. proposed revision to Advisory Circular a.m. The meeting will be held at RTCA, Phillip A. Leach, (AC) 121–29, Carry-On Baggage. Inc., 1140 Connecticut Avenue, NW., Suite 1020, Washington, DC, 20036. Clearance Officer, United States Department SUMMARY: The proposed Advisory of Transportation. The agenda will include: (1) Circular (AC) provides guidance about Chairman’s Remarks; (2) Review and [FR Doc. 97–31510 Filed 12–1–97; 8:45 am] the information that should be Approval of Summary of the Previous BILLING CODE 4910±62±P contained in a certificated air carrier’s Meeting; (3) Consider and Approve approved carry-on baggage program and Proposed Final Draft, Minimum updates, provides clarification, and DEPARTMENT OF TRANSPORTATION Operational Performance Standards for additional information to AC 121–29, Traffic Alert and Collision Avoidance Carry-On Baggage. Office of the Secretary System II (TCAS II) Airborne DATES: Comments must be received on Equipment, RTCA Paper No. 336–97/ Application of Global Air Cargo, Inc. or before March 2, 1998. SC147–691, Prepared by SC–147; (4) For Issuance of New Certificate COMMENTS INVITED: Comments are Discuss/ Take Position on: a. Future of Authority invited on all aspects of the proposed Special Committee 147; b. Committee AC. Commenters should give special Milestones; (5) Other Business; (6) Date AGENCY: Department of Transportation. attention to definition of proper stowage and Place of Next Meeting. ACTION: Notice of Order to Show Cause of carry-on baggage. Commenters must Attendance is open to the interested (Order 97–11–39) Docket OST–97–2683. identify file number AC 121–29A. public but limited to space availability. With the approval of the chairman, ADDRESSES: Send all comments and SUMMARY: The Department of requests for copies of the proposed AC members of the public may present oral Transportation is directing all interested to: Federal Aviation Administration, statements at the meeting. Persons persons to show cause why it should AFS–203, 800 Independence Avenue, wishing to present statements or obtain not issue orders (1) finding Global Air SW., Washington, DC 20591. information should contact the RTCA Cargo, Inc., fit, willing, and able, and (2) Secretariat, 1140 Connecticut Avenue, awarding it a certificate to engage in FOR FURTHER INFORMATION CONTACT: NW., Suite 1020, Washington, D.C. interstate and foreign charter air Donell Pollard, AFS–203, at the above 20036; (202) 833–9339 (phone); (202) transportation of property and mail. address, telephone (202) 267–3735 or 833–9434 (fax); or http://www.rtca.org (202) 267–8166 (6:00 a.m. to 3:30 p.m. (web site). Members of the public DATES: Persons wishing to file est). present a written statement to the objections should do so no later than SUPPLEMENTARY INFORMATION: FAA committee at any time. December 10, 1997. personnel, certificated air carriers, Issued in Washington, DC, on November ADDRESSES: Objections and answers to airline personnel, and the public have 24, 1997. objections should be filed in Docket asked the FAA to clarify existing policy Janice L. Peters, OST–97–2683 and addressed to found in AC 121–29, 14 CFR section Designated Official. Department of Transportation Dockets 121.589, and in the model carry-on [FR Doc. 97–31505 Filed 12–1–97; 8:45 am] (SVC–120.30, Room PL–401), U.S. baggage programs. The FAA agrees that BILLING CODE 4910±13±M Department of Transportation, 400 additional policy guidance is needed Seventh Street, SW., Washington, DC because of changes in the airline 20590 and should be served upon the industry, such as reduction in personnel DEPARTMENT OF TRANSPORTATION parties listed in Attachment A to the in the gate area. In addition, revisions to order. AC 121–29 are needed to add material Federal Aviation Administration that was otherwise omitted and to FOR FURTHER INFORMATION CONTACT: clarify certain confusing sections of the RTCA, Inc.; Government/Industry Free Ms. Janet A. Davis, Air Carrier Fitness original guidance. The inclusion of an Flight Steering Committee Division (X–56, Room 6401), U.S. example of an acceptable definition of Department of Transportation, 400 proper stowage should not be construed Pursuant to section 10(a)(2) of the Seventh Street, SW, Washington, DC as invalidating any previously approved Federal Advisory Committee Act (Pub. 20590, (202) 366–9721. carry-on baggage programs. L. 92–463, 5 U.S.C., Appendix 2), notice is hereby given for an RTCA Dated: November 25, 1997. Issued in Washington, DC, on November Government/Industry Free Flight Charles A. Hunnicutt, 25, 1997. Steering Committee meeting to be held Assistant Secretary for Aviation and Richard O. Gordon, December 17, 1997, from 1:00 p.m. until International Affairs. Deputy Director, Flight Standards Service. 5:00 p.m. The meeting will be held in [FR Doc. 97–31509 Filed 12–1–97; 8:45 am] [FR Doc. 97–31520 Filed 12–1–97; 8:45 am] Conference Room 8ABC (8th floor) of BILLING CODE 4910±62±M BILLING CODE 4910±13±M the Federal Aviation Administration, Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63743

800 Independence Avenue, S.W., 1601 Lind Avenue SW, Suite 250; Division, ANM–600, 1601 Lind Avenue Washington, DC 20036. Renton, WA 98055–4056. S.W., Suite 540, Renton, WA 98055– The agenda will include: (1) Co- In addition, one copy of any 4056. In addition, any person may, upon chairs’ Introductory Remarks; (2) comments submitted to the FAA must request, inspect the application, notice Review/Approval of Summary of the be mailed or delivered to Mr. James and other documents germane to the Previous Meeting; (3) Review/ Thorsen, A.A.E., Director of Aviation, at application in person at the Idaho Falls Discussion of European Civil Aviation the following address: City of Idaho Municipal Airport. Conference Air Traffic Management Falls, 2140 North Skyline Drive, Idaho Issued in Renton, Washington on 2000+ Strategy Board Initiative; (4) Falls, ID 83402–4906. November 25, 1997. Overview of the FAA Administrator’s Air carriers and foreign air carriers David A. Field, National Airspace System may submit copies of written comments Manager, Planning, Programming and Modernization Task Force Initiative; (5) previously provided to Idaho Falls Capacity Branch, Northwest Mountain Free Flight Select Committee Report; (6) Municipal Airport, under § 158.23 of Region. Other Business—Review Suggested part 158. [FR Doc. 97–31507 Filed 12–1–97; 8:45 am] Dates for 1998 Steering Committee FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±13±M Meetings. Ms. Mary E. Vargas, (425) 227–2660; Attendance is open to the interested Seattle Airports District Office, SEA– public but limited to space availability. ADO; Federal Aviation Administration; DEPARTMENT OF TRANSPORTATION With the approval of the co-chairs, 1601 Lind Avenue SW, Suite 250; members of the public may present oral Renton, WA 98055–4056. The Federal Aviation Administration statements at the meeting. Persons application may be reviewed in person wishing to present statements or obtain at this same location. Notice of Passenger Facility Charge information should contact the RTCA (PFC) Approvals and Disapprovals SUPPLEMENTARY INFORMATION: The FAA Secretariat, 1140 Connecticut Avenue, proposes to rule and invites public N.W., Suite 1020, Washington, DC, AGENCY: Federal Aviation comment on the application (#98–02–C– 20036; (202) 833–9339 (phone); (202) Administration (FAA), DOT. 00–IDA) to impose and use PFC revenue 833–9434 (fax); or http://www.rtca.org ACTION: Monthly Notice of PFC at Idaho Falls Municipal Airport, under (web site). Members of the public may Approvals and Disapprovals. In October the provisions of 49 U.S.C. 40117 and present a written statement to the 1997, there were eight applications part 158 of the Federal Aviation committee at any time. approved. Additionally, three approved Regulations (14 CFR part 158). Issued in Washington, DC, on November amendments to previously approved On November 25, 1997, the FAA applications are listed. 25, 1997. determined that the application to Janice L. Peters, impose and use the revenue from a PFC SUMMARY: The FAA publishes a monthly Designated Official. submitted by the City of Idaho Falls, notice, as appropriate, of PFC approvals [FR Doc. 97–31506 Filed 12–1–97; 8:45 am] Idaho Falls Municipal Airport, Idaho and disapprovals under the provisions BILLING CODE 4910±13±M Falls, Idaho, was substantially complete of the Aviation Safety and Capacity within the requirements of section Expansion Act of 1990 (Title IX of the 158.25 of Part 158. The FAA will Omnibus Budget Reconciliation Act of DEPARTMENT OF TRANSPORTATION approve or disapprove the application, 1990) (Pub. L. 101–508) and part 158 of in whole or in part, no later than Federal Aviation Administration the Federal Aviation Regulations (14 February 26, 1998. CFR part 158). This notice is published Notice of Intent To Rule on Application The following is a brief overview of pursuant to paragraph (d) of § 158.29. (#98±02±C±00±IDA) To Impose and Use the application. PFC Applications Approved the Revenue From a Passenger Facility Level of the proposed PFC: $3.00. Charge (PFC) at Idaho Falls Municipal Proposed charge effective date: March Public Agency: Richland-Lexington Airport; Submitted by the City of Idaho 1, 1998. Airport Commission, Columbia, South Falls, Idaho Falls, Idaho Proposed charge expiration date: Carolina. December 1, 2000. Application Number: 97–02–U–00– AGENCY: Federal Aviation Total requested for use approval: CAE. Administration (FAA), DOT. $820,404.00. Application Type: Use PFC revenue. ACTION: Brief description of proposed project: Notice of intent to rule on PFC Level: $3.00. application. Rehabilitation of runway 2/20; Airport master plan; Aircraft rescue and fire Total PFC Revenue Approved For Use SUMMARY: The FAA proposes to rule and fighting station; Mandatory runway In This Decision: $587,186. invites public comment on the lighting/signage and apron; Snow Charge Effective Date: November 1, application to impose and use PFC removal equipment; Runway 17/35 1993. revenue at Idaho Falls Municipal lighting system replacement and ramp Estimated Charge Expiration Date: Airport under the provisions of 49 reconstruction. September 1, 2008. U.S.C. 40117 and Part 158 of the Federal Class or classes of air carriers which Class of Air Carriers Not Required To Aviation Regulations (14 CFR part 158). the public agency has requested not be Collect PFC’s: No change from previous DATES: Comments must be received on required to collect PFC’s: None. decision. or before January 2, 1998. Any person may inspect the Brief Description of Project Approved ADDRESSES: Comments on this application in person at the FAA office For Use: Runway/taxiway 11/29 application may be mailed or delivered listed above under FOR FURTHER overlay. in triplicate to the FAA at the following INFORMATION CONTACT and at the FAA Decision Date: October 6, 1997. address: J. Wade Bryant, Manager; Regional Airports Office located at: For Further Information Contact: E.C. Seattle Airports District Office, SEA– Federal Aviation Administration, Hunnicutt, Atlanta Airports District ADO; Federal Aviation Administration; Northwest Mountain Region, Airports Office, (404) 305–7145. 63744 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Public Agency: City of Chicago, Class of Air Carriers Not Required To Security fencing. Department of Aviation, Chicago, Collect PFC’s: No change from previous Terminal access road relocation. Illinois. decision. Delayed baggage delivery/pick-up area. Application Number: 97–06–C–00– Brief Description of Projects Approved Directional/informational signage. ORD. For Use: Decision Date: October 21, 1997. Application Type: Impose and use a Runway 10R/28L pavement overlay. For Further Information Contact: PFC. Relocate runway 10R/28L edge lights. Roderick T. Nicholson, Jackson Airports PFC Level: $3.00. Decision Date: October 17, 1997. District Office, (601) 965–4628. Total PFC Revenue Approved In This For Further Information Contact: Decision: $1,470,500. Public Agency: City of Santa Barbara, Marlys Vandervelde, San Francisco Earliest Charge Effective Date: June 1, California. Airports District Officer, (415) 876– 2004. Application Number: 97–01–C–00– 2806. Estimated Charge Expiration Date: SBA. Public Agency: City of Des Moines, July 1, 2004. Application Type: Impose and use a Iowa. Class of Air Carriers Not Required To PFC. Application Number: 97–02–C–00– Collect PFC’s: Air taxi operations. PFC Level: $3.00. Determination: Approved. Based on DSM. Total PFC Revenue Approved In This information contained in the public Application Type: Impose and use a Decision: $2,572,182. Earliest Charge Effective Date: January agency’s application, the FAA has PFC. 1, 1998. determined that the proposed class PFC Level: $3.00. Estimated Charge Expiration Date: accounts for less than 1 percent of the Total PFC Revenue Approved In This January 1, 2002. total annual enplanements at Chicago Decision: $3,574,928. Class of Air Carriers Not Required To O’Hare International Airport (ORD). Earliest Charge Effective Date: Collect PFC’s: Unscheduled Part 135 air Brief Description of Projects Approved December 1, 1997. taxi operators. For Collection At ORD And Use At Gary Estimated Charge Expiration Date: Determination: Approved. Based on Regional Airport: July 1, 1999. Class of Air Carriers Not Required to information contained in the public Terminal renovations program. Collect PFC’s: Part 135 air taxi/ agency’s application, the FAA has Automated weather observation system. commercial operators. determined that the proposed class General aviation apron overlay/ Determination: Approved. Based on accounts for less than 1 percent of the expansion. information contained in the public total annual emplanements at Santa Decision Date: October 8, 1997. agency’s application, the FAA has Barbara Municipal Airport. For Further Information Contact: determined that the proposed class Brief Description of Projects Approved Louis H. Yates, Chicago Airports District accounts for less than 1 percent of the for Collection and Use: Office, (847) 294–7335. total annual enplanements at Des Safety area grading and mitigation. Public Agency: County of Dukes Moines International Airport. Relocate beacon and airfield lighting County, Vineyard Haven, Brief Description of Projects Approved equipment panels. Massachusetts. for Collection and Use: Rehabilitate runway 7/25 and associated Application Number: 97–01–C–00– Land acquisition for runway extension taxiway edge lighting systems. MVY. and road relocation; and grading and Improve airfield drainage and storm Application Type: Impose and use a construction of relocated road. water systems. PFC. Terminal concourse chiller update. Construct helipads. PFC Level: $3.00. Reconstruct terminal apron (phase I and Design for taxiways A, F, and G overlay Total PFC Revenue Approved In This II). and pavement rehabilitation. Decision: $737,960. Decision Date: October 21, 1997. Expand general aviation ramp. Earliest Charge Effective Date: January General aviation asphalt cement ramp For Further Information Contact: 1, 1998. rehabilitation. Lorna Sandridge, Central Region Estimated Charge Expiration Date: Purchase airport sweeper. Airports Division, (816) 426–4730. December 1, 2005. Replace terminal area waste transfer Class of Air Carriers Not Required To Public Agency: Dothan-Houston station. Collect PFC’s: None. County Airport Authority, Dothan, Rehabilitate precast concrete general Brief Description of Project Approved Alabama. aviation ramp. For Collection And Use: Construct Application Number: 97–01–C–00– Remodel terminal building to comply terminal building. DHN. with the Americans with Disabilities Decision Date: October 16, 1997. Application Type: Impose and use a Act. For Further Information Contact: PFC. Rehabilitate airfield signage and Priscilla Scott, New England Region PFC Level: $3.00. electrical system. Airports Division, (617) 238–7614. Total PFC Revenue Approved In This Construct additional square footage in Public Agency: City of Modesto, Decision: $5,515,948. aircraft rescue and firefighting (ARFF) California. Earliest Charge Effective Date: station. Application Number: 97–04–U–00– February 1, 1998. Rehabilitate taxiway B south of taxiway MOD. Estimated Charge Expiration Date: A. Application Type: Use PFC revenue. December 1, 2028. Reconstruct concrete general aviation PFC Level: $3.00. Class of Air Carriers Not Required To ramp. Total PFC Revenue To Be Used In Collect PFC’s: None. Sealcoat taxiway C transition, portions This Decision: $44,400. Brief Description of Projects Approved of taxiway C, runway 15R/33L, and Charge Effective Date: August 1, 1994. for Collection and Use: runway 15 holding area. Estimated Charge Expiration Date: Passenger terminal building. Install security access control system. April 1, 1999. Aircraft parking apron. Design for grading and drainage system. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63745

Overlay runway 15L/33R and connector Determination: This project was Estimated Charge Expiration Date: taxiways. withdrawn by the public agency prior to January 1, 2003. Construct runway 7/25 blast pads. submittal of the application to the FAA. Class of Air Carriers Not Required To Sealcoat taxiway H and J. It was addressed in the carrier Collect PFC’S: None. Reconstruct taxiway C apron transition consultation meeting and included in west of runway 15R/33L. Brief Description of Projects Approved the PFC application; however, it was For Collection and Use: Construct six helipads. marked ‘‘Project deleted from PFC Reconstruct the northerly portion of application.’’ Decision Date: October 27, 1997. taxiway B. Overlay and construct porous friction Decision Date: October 27, 1997. Terminal area study. course on runway 7/25, and stabilize For Further Information Contact: John Overlay taxiway F. shoulders on taxiways C and F. P. Milligan, Western Pacific region ARFF building. Brief Description of Projects Approved Airports Division, (310) 725–3621. Wind cones. for Collection Only: Public Agency: City of Tyler, Texas. PFC administration costs. Master plan implementation, aviation Application Number: 97–02–C–00– Sealcoat runway 13/31 and associated facilities plan project/extend runway TYR. taxiways A, C, and D. Application Type: Impose and use a safety areas. Airport sanitary sewer capacity PFC. Master plan implementation, aviation improvements. facilities plan project/extend taxiway PFC Level: $3.00. A and safety areas. Total PFC Revenue Approved in This Decisison Date: October 27, 1997. Brief Description of Project Decision: $976,449. FOR FURTHER INFORMATION CONTACT: Ben Withdrawn: Design and construct airline Earliest Charge Effective Date: March Guttery, Southwest Region Airports terminal access road. 1, 1998. Division, (817) 222–5614.

AMENDMENTS TO PFC APPROVALS

Original esti- Amended es- Amendment Original ap- Amended ap- mated timated Amendment no, city, state approved proved net proved net charge expi- charge expi- date PFC revenue PFC revenue ration date ration date

93±02±I±04±BDL, Windsor Locks, CT ...... 07/16/97 $12,257,000 $9,257,000 11/01/98 11/01/98 97±06±I±01±BDL, Windsor Locks, CT ...... 07/16/97 12,602,000 15,602,000 11/01/98 11/01/98 94±01±C±01±BMI, Bloomington, IL ...... 10/03/97 3,855,012 6,276,133 05/01/10 12/01/10

Issued in Washington, DC, on November Telephone 202–366–1901 or fax 202– accordance with the terms of the 25, 1997. 366–6988. Copies of this collection can conveyance and applicable statutes and Eric Gabler, also be obtained from that office. regulations. Manager, Passenger Facility Charge Branch. SUPPLEMENTARY INFORMATION: Description of Respondents: Eligible [FR Doc. 97–31508 Filed 12–1–97; 8:45 am] port entities. BILLING CODE 4910±13±M Title of Collection: Port Facility Conveyance Information. Annual Responses: 20 responses. Type of Request: Extension of Annual Burden: 2200 hours. DEPARTMENT OF TRANSPORTATION currently approved information collection. Comments: Signed, written comments Maritime Administration OMB Control Number: 2133–0524. should refer to the docket number that Form Number: No form is required for appears at the top of this document and [Docket No. MARAD±97±3165] this collection. must be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL–401, 400 Information Collection Available for Expiration Date of Approval: Public Comments and September 30, 1998. Seventh Street, S.W., Washington, D.C. Summary of Collection of Recommendations 20590–0001. Specifically, address Information: Pub. L. 103–160 authorizes whether this information collection is ACTION: Notice and request for the Department of Transportation to necessary for proper performance of the comments. convey to public entities surplus function of the agency and will have Federal property needed for practical utility, accuracy of the burden SUMMARY: In accordance with the development or operation of a port estimates, ways to minimize this Paperwork Reduction Act of 1995 this facility. The information collection will notice announces the Maritime burden, and ways to enhance quality, allow the Maritime Administration to utility, and clarity of the information to Administration’s (MARAD’s) intentions approve the conveyance of property and to request extension of approval for be collected. All comments received administer the port facility conveyance will be available for examination at the three years of a currently approved program. above address between 10 a.m. and 5 information collection. Need and Use of the Information: The DATES: Comments should be submitted information collection is necessary for p.m., e.t. Monday through Friday, on or before February 2, 1998. MARAD to determine whether (1) the except Federal Holidays. An electronic FOR FURTHER INFORMATION CONTACT: community is committed to the version of this document is available on William J. Aird, Division of Ports, Office redevelopment/reuse plan, (2) the the World Wide Web at http:/ of Ports and Domestic Shipping, MAR– redevelopment/reuse plan is viable and dms.dot.gov. 831, Room 7201, 400 Seventh Street, is in the best interest of the public, and By Order of the Maritime Administrator. S.W., Washington, D.C. 20590. (3) the property is being used in 63746 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Dated: November 26, 1997. DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Joel C. Richard, Secretary. Surface Transportation Board Surface Transportation Board [FR Doc. 97–31561 Filed 12–1–97; 8:45 am] [STB Finance Docket No. 33412] [STB Finance Docket No. 33509] BILLING CODE 4910±81±P Peter A. Gilbertson, H. Terry Hearst, Colorado, Kansas & Pacific Railway Bruce A. Lieberman, R. Lawrence CompanyÐAcquisition and Operation DEPARTMENT OF TRANSPORTATION McCaffrey, Jr., Harold F. Parmly, and ExemptionÐUnion Pacific Railroad Anacostia Rail Holdings CompanyÐ Company Surface Transportation Board Continuance in Control ExemptionÐ Colorado, Kansas & Pacific Railway Pacific Harbor Line, Inc. [Sec. 5a Application No. 61] Company (Colorado), a noncarrier, has Peter A. Gilbertson, H. Terry Hearst, filed a verified notice of exemption Bruce A. Lieberman, R. Lawrence National Classification CommitteeÐ under 49 CFR 1150.31 to acquire from McCaffrey, Jr., and Harold F. Parmly Agreement Union Pacific Railroad Company and to (Gilbertson, et al.), noncarrier operate approximately 121.9 miles of individuals, and Anacostia Rail AGENCY: Surface Transportation Board. rail line between milepost 747.5, near Holdings Company (ARC), a noncarrier Towner, and milepost 869.4, near NA ACTION: Extension of deadlines for filing holding company (collectively Junction, in Kiowa, Crowley, and comments. Applicants), have filed a verified notice Pueblo Counties, CO (Line).1 of exemption to continue in control of The transaction was expected to be Pacific Harbor Line, Inc. (PHL) upon SUMMARY: The Surface Transportation consummated on or about November 17, PHL’s becoming a Class III rail carrier. Board is granting a 3-week extension of 1997. The transaction was expected to be the deadlines for filing opening and If the verified notice contains false or consummated on or after November 15, reply comments in this proceeding. All misleading information, the exemption 1997. other dates and deadlines remain the is void ab initio. Petitions to reopen the This transaction is related to STB same. proceeding to revoke the exemption Finance Docket No. 33411, Pacific under 49 U.S.C. 10502(d) may be filed DATES: Opening comments are now due Harbor Line, Inc.—Operation at any time. The filing of a petition to by January 29, 1998. Reply comments Exemption—Port of Los Angeles, in revoke will not automatically stay the which PHL seeks to acquire operating are now due by February 26, 1998. transaction. rights within the City of Los Angeles’ ADDRESSES: Send an original and 10 An original and 10 copies of all Port of Los Angeles (POLA) to provide copies of notices of intent to participate pleadings, referring to STB Finance switching service on track owned by (still due by November 28, 1997) and Docket No. 33509, must be filed with POLA. comments, referring to ‘‘Section 5a the Surface Transportation Board, Office Applicants own and control two Application No. 61,’’ to: Surface of the Secretary, Case Control Unit, 1925 existing Class III common carriers by Transportation Board, Office of the K Street, N.W., Washington, DC 20423– rail: Louisville & Indiana Railroad Secretary, Case Control Unit, 1925 K 0001. In addition, a copy of each Company, operating in Southern Street, N.W., Washington, DC 20423. pleading must be served on John D. Indiana and Northern Kentucky; and the Opening and reply comments must be Heffner, Esq., Rea, Cross & Auchincloss, New York & Atlantic Railway Company, served on the persons identified as 1920 N Street, N.W., Suite 420, operating within the State of New York. With the exception of R. Lawrence ‘‘parties of record’’ on the service list. Washington, DC 20036. Decided: November 25, 1997. McCaffrey, Jr., each of Gilbertson, et al. FOR FURTHER INFORMATION CONTACT: is an officer and/or director of the By the Board, David M. Konschnik, Joseph H. Dettmar, (202) 565–1600. Director, Office of Proceedings. Chicago SouthShore & South Bend Railroad Corporation (CSS), a Class III [TDD for the hearing impaired: (202) Vernon A. Williams, 565–1695.] common carrier by rail, operating in Secretary. Northern Illinois and Northern Indiana. SUPPLEMENTARY INFORMATION: This [FR Doc. 97–31556 Filed 12–1–97; 8:45 am] In addition, Gilbertson et al. are proceeding involves the issue of BILLING CODE 4915±00±P minority shareholders in CSS’s whether, under 49 U.S.C. 13703(d) and corporate general partner SouthShore (e), it is in the public interest to renew 1 The Line was the subject of an application for Corporation, a noncarrier. the bureau agreement of the National abandonment in Docket No. AB–3 (Sub-No. 130), Applicants state that: (i) the railroads Classification Committee, which Missouri Pacific Railroad Company— Abandonment—Towner-NA Junction Line in Kiowa, will not connect with each other or any administers the National Motor Freight Crowley, and Pueblo Counties, CO, and railroad in their corporate family; (ii) Classification. For additional discontinuance of trackage rights operations in the the continuance in control is not part of information, see the notice published in embraced Docket No. AB–8 (Sub-No. 38), The a series of anticipated transactions that Denver and Rio Grande Western Railroad the Federal Register on November 13, Company—Discontinuance of Trackage Rights— would connect the railroads with each 1997. Towner-NA Junction Line in Kiowa, Crowley and other or any railroad in their corporate Pueblo Counties, CO. The abandonment and family; and (iii) the transaction does not Decided: November 25, 1997. discontinuance were granted in Union Pacific involve a Class I carrier. Therefore, the By the Board, Vernon A. Williams, Corporation, Union Pacific Railroad Company, and transaction is exempt from the prior Secretary. Missouri Pacific Railroad Company—Control and Merger—Southern Pacific Rail Corporation, approval requirements of 49 U.S.C. Vernon A. Williams, Southern Pacific Transportation Company, St. 11323. See 49 CFR 1180.2(d)(2). Secretary. Louis Southwestern Railway Company, SPCSC Under 49 U.S.C. 10502(g), the Board Corp., and The Denver and Rio Grand Western [FR Doc. 97–31629 Filed 12–1–97; 8:45 am] Railroad Company, Finance Docket No. 32760 (STB may not use its exemption authority to BILLING CODE 4915±00±P served Aug. 12, 1996). Colorado indicates that the relieve a rail carrier of its statutory abandonment was never consummated. obligation to protect the interests of its Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63747 employees. Section 11326(c), however, Holdings—Continuance in Control a petition to revoke does not does not provide for labor protection for Exemption—Pacific Harbor Line, Inc., in automatically stay the transaction. transactions under sections 11324 and which Peter A. Gilbertson, H. Terry An original and 10 copies of all 11325 that involve only Class III rail Hearst, Bruce Lieberman, R. Lawrence pleadings, referring to STB Finance carriers. Because this transaction McCaffrey, Jr., Harold F. Parmly and Docket No. 33525, must be filed with involves Class III rail carriers only, the Anacostia Rail Holdings Company have the Surface Transportation Board, Office Board, under the statute, may not filed a notice of exemption to continue of the Secretary, Case Control Unit, 1925 impose labor protective conditions for in control of PHL upon its becoming a K Street, NW., Washington, DC 20423– this transaction. Class III rail carrier. 0001. In addition, a copy of each If the notice contains false or If the verified notice contains false or pleading must be served on James F. misleading information, the exemption misleading information, the exemption Flint, Esq., Grove, Jaskiewicz and is void ab initio. Petitions to revoke the is void ab initio. Petitions to reopen the Cobert, 1730 M Street, NW., Suite 400, exemption under 49 U.S.C. 10502(d) proceeding to revoke the exemption Washington, DC 20036. may be filed at any time. The filing of under 49 U.S.C. 10502(d) may be filed Decided: November 24, 1997. a petition to revoke will not at any time. The filing of a petition to By the Board, David M. Konschnik, automatically stay the transaction. revoke will not automatically stay the Director, Office of Proceedings. An original and 10 copies of all transaction. pleadings, referring to STB Finance An original and 10 copies of all Vernon A. Williams, Docket No. 33412, must be filed with pleadings, referring to STB Finance Secretary. the Surface Transportation Board, Office Docket No. 33411, must be filed with [FR Doc. 97–31560 Filed 12–1–97; 8:45 am] of the Secretary, Case Control Unit, 1925 the Surface Transportation Board, Office BILLING CODE 4915±00±P K Street, N.W., Washington, DC 20423– of the Secretary, Case Control Unit, 1925 0001. In addition, a copy of each K Street, N.W., Washington, DC 20423– pleading must be served on Mark H. 0001. In addition, a copy of each DEPARTMENT OF TRANSPORTATION Sidman, Esq., Weiner, Brodsky, Sidman pleading must be served on Mark H. Surface Transportation Board & Kider, P.C., 1350 New York Avenue, Sidman, Esq., Weiner, Brodsky, Sidman NW., Suite 800, Washington, DC 20005– & Kider, P.C., 1350 New York Avenue, [STB Docket No. AB±57 (Sub-No. 43X)] 4797. N.W., Suite 800, Washington, DC 20005–4797. Soo Line Railroad CompanyÐ Decided: November 24, 1997. Abandonment ExemptionÐin St. Louis By the Board, David M. Konschnik, Decided: November 24, 1997. County, MN Director, Office of Proceedings. By the Board, David M. Konschnik, Vernon A. Williams, Director, Office of Proceedings. Soo Line Railroad Company (Soo) has Secretary. Vernon A. Williams, filed a notice of exemption under 49 [FR Doc. 97–31559 Filed 12–1–97; 8:45 am] Secretary. CFR 1152 Subpart F—Exempt BILLING CODE 4915±00±P [FR Doc. 97–31558 Filed 12–1–97; 8:45 am] Abandonments to abandon an BILLING CODE 4915±00±P approximately 3.0+-mile line of railroad known as the West Duluth Line, DEPARTMENT OF TRANSPORTATION between milepost 465.43+ and milepost DEPARTMENT OF TRANSPORTATION 468.43+ in West Duluth, in St. Louis Surface Transportation Board County, MN. The line traverses United Surface Transportation Board [STB Finance Docket No. 33411] States Postal Service Zip Code 55802. [STB Finance Docket No. 33525] Soo has certified that: (1) no local Pacific Harbor Line, Inc.ÐOperation traffic has moved over the line for at ExemptionÐPort of Los Angeles Sierra Railroad CompanyÐAcquisition least 2 years; (2) any overhead traffic on and Operation ExemptionÐSierra the line can be rerouted; (3) no formal Pacific Harbor Line, Inc. (PHL), a Pacific Industries complaint filed by a user of rail service noncarrier, has filed a verified notice of on the line (or by a state or local exemption under 49 CFR 1150.31 to Sierra Railroad Company, a Class III government entity acting on behalf of acquire operating rights from the City of rail common carrier, has filed a notice such user) regarding cessation of service Los Angeles, a municipal corporation, of exemption under 49 CFR 1150.41 to over the line either is pending with the acting through its Board of Harbor acquire and operate approximately 12 Surface Transportation Board (Board) or Commissioners (LA). PHL will acquire miles of rail line in Amador County, CA, with any U.S. District Court or has been the right to operate within LA’s Port of known as the Amador Branch, from decided in favor of complainant within Los Angeles (POLA) to provide Sierra Pacific Industries (Sierra Pacific). the 2-year period; and (4) the switching services on track owned by The Amador Branch extends from requirements at 49 CFR 1105.7 POLA.1 milepost 0.0, in Ione, to milepost 12.0, (environmental reports), 49 CFR 1105.8 The transaction was expected to be at Martell.1 (historic reports), 49 CFR 1105.11 consummated in phases on or after The transaction is scheduled to be (transmittal letter), 49 CFR 1105.12 November 15, 1997. consummated on December 1, 1997. (newspaper publication), and 49 CFR This transaction is related to STB If the notice contains false or 1152.50(d)(1) (notice to governmental Finance Docket No. 33412, Peter A. misleading information, the exemption agencies) have been met. Gilbertson, H. Terry Hearst, Bruce A. is void ab initio. Petitions to revoke the As a condition to this exemption, any Lieberman, R. Lawrence McCaffrey, Jr., exemption under 49 U.S.C. 10502(d) employee adversely affected by the Harold F. Parmly, and Anacostia Rail may be filed at any time. The filing of abandonment shall be protected under Oregon Short Line R. Co.— 1 Pursuant to the terms of an operating agreement, 1 The Amador Branch includes a yard and repair PHL’s operating rights will be for a term of three shops at Martell as well as additional spur trackage Abandonment— Goshen, 360 I.C.C. 91 years, subject to extension, modification, and earlier at the Sierra Pacific mill and particle board plant (1979). To address whether this termination. located at milepost 11.6. condition adequately protects affected 63748 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices employees, a petition for partial legal or regulatory barriers to a. prior authorization by the Assistant revocation under 49 U.S.C. 10502(d) consummation, the authority to Secretary for Management and Chief must be filed. Provided no formal abandon will automatically expire. Financial Officer is required for first- expression of intent to file an offer of Decided: November 25, 1997. class travel in all bureaus, except for financial assistance (OFA) has been U.S. Secret Service (USSS) agents on By the Board, David M. Konschnik, received, this exemption will be Director, Office of Proceedings. protective missions; effective on January 1, 1998, unless b. first-class travel shall not be Vernon A. Williams, stayed pending reconsideration. authorized, unless no other commercial Petitions to stay that do not involve Secretary. service is reasonably available, or such environmental issues,1 formal [FR Doc. 97–31557 Filed 12–1–97; 8:45 am] travel is necessary for reasons of expressions of intent to file an OFA BILLING CODE 4915±00±P disability or physical impairment, or for under 49 CFR 1152.27(c)(2),2 and trail security reasons, as these terms are use/rail banking requests under 49 CFR defined in FTR 301–3.3 (41 CFR 301– 1152.29 must be filed by December 12, DEPARTMENT OF THE TREASURY 3.3); and 1997. Petitions to reopen or requests for c. first-class airline accommodations public use conditions under 49 CFR [Treasury Directive Number 74±13] shall not be authorized or approved 1152.28 must be filed by December 22, when obtained as an accommodations Premium-Class Travel, Authority 1997, with: Surface Transportation upgrade through the redemption of Delegation Board, Office of the Secretary, Case frequent traveler benefits accumulated Control Unit, 1925 K Street, N.W., Dated: November 24, 1997. while traveling on official business, unless the first-class accommodations Washington, DC 20423. 1. Purpose. This Directive establishes are justified independently under the A copy of any petition filed with the policy and responsibilities for the Board should be sent to applicant’s FTR (41 CFR part 301). approval of premium-class 5. Responsibilities For First-Class representative: Larry D. Starns, Esq., transportation accommodations, in Leonard, Street & Deinard, 150 South Travel. The Deputy Assistant Secretary accordance with Chapters 301 and 304 (Administration), Heads of Bureaus, and Fifth Street, Suite 2300, Minneapolis, of the Federal Travel Regulation (FTR) MN 55402. the Inspector General: (41 CFR (Code of Federal Regulations) a. shall submit Treasury Department If the verified notice contains false or parts 301 and 304) and White House misleading information, the exemption Form (TD F) 70–02.6, ‘‘First-Class and Office of Management and Budget Travel Request and Authorization,’’ by is void ab initio. (OMB) guidance on perquisites. Soo has filed an environmental report mail or facsimile (FAX) to the Assistant 2. Definitions. The terms ‘‘premium- which addresses the abandonment’s Secretary for Management and Chief class,’’ ‘‘first-class,’’ ‘‘reasonably effects, if any, on the environment and Financial Officer at least ten working available,’’ and ‘‘security reasons’’ are historic resources. The Section of days prior to travel for review and defined in FTR 301.3 (41 CFR 301.3). Environmental Analysis (SEA) will authorization, unless extenuating 3. Scope. issue an environmental assessment (EA) circumstances or emergency situations a. This Directive applies to all by December 5, 1997. Interested persons make advance authorization impossible. bureaus, the Departmental Offices (DO), may obtain a copy of the EA by writing If advance authorization cannot be and the Office of Inspector General to SEA (Room 500, Surface obtained, the traveler shall obtain (OIG) for travel by officers and Transportation Board, Washington, DC written authorization at the earliest employees of the Department when they 20423) or by calling SEA, at (202) 565– possible time; travel in support of the Department’s 1545. Comments on environmental and b. except as specifically permitted programs, including programs funded historic preservation matters must be under paragraph 6., shall not authorize, from sources other than appropriations, filed within 15 days after the EA pay for, or reimburse employees or e.g., fees or assessments. It also applies becomes available to the public. others for the use of first-class travel Environmental, historic preservation, to travel paid for by a non-Federal accommodations without the prior public use, or trail use/rail banking source pursuant to FTR Chapter 304 (41 authorization of the Assistant Secretary conditions will be imposed, where CFR part 304), and to travel by persons for Management and Chief Financial appropriate, in a subsequent decision. other than employees whose travel is on Officer; and Pursuant to the provisions of 49 CFR an invitational basis and paid for by the c. shall submit an annual report on all 1152.29(e)(2), Soo shall file a notice of Department. approved first-class travel that began consummation with the Board to signify b. Neither this Directive nor the during the fiscal year to the Deputy, that it has exercised the authority restrictions on premium-class travel Chief Financial Officer (DCFO), Office granted and fully abandoned the line. If apply to travel: of Accounting and Internal Control, DO, consummation has not been effected by (1) for which an employee is (Attention: Travel Program Soo’s filing of a notice of consummation reimbursed by certain tax exempt Coordinator). The report is due to the by December 2, 1998, and there are no organizations or a State, county, or General Services Administration by municipality, incident to attendance at November 30 of each year. See FTR 1 The Board will grant a stay if an informed meetings, pursuant to 5 U.S.C. 4111; 301–3.3(e) (41 CFR 301–3.3) for data decision on environmental issues (whether raised (2) which is accepted by an employee collection and submission requirements. by a party or by the Board’s Section of pursuant to 5 U.S.C. 7342, concerning Negative reports are required in writing. Environmental Analysis in its independent foreign gifts and decorations; or 6. Exceptions. investigation) cannot be made before the exemption’s effective date. See Exemption of Out- (3) for a partisan purpose in the case a. The Director, USSS, is delegated of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any of an employee who is exempt from the authority to approve first-class travel request for a stay should be filed as soon as possible statutory prohibitions on partisan accommodations solely with respect to so that the Board may take appropriate action before political activity, and the travel is not Secret Service agents’ protective details the exemption’s effective date. 2 Each offer of financial assistance must be paid for with Government funds. when necessary for security reasons. accompanied by the filing fee, which currently is 4. Policy. It is the policy of the Such approval does not require the set at $900. See 49 CFR 1002.2(f)(25). Department of the Treasury that: advance or subsequent authorization by Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63749 the Assistant Secretary for Management a. President’s Memorandum of under the individual title of each and Chief Financial Officer. The February 10, 1993, ‘‘Restricted Use of official receiving such authority. Director may redelegate this authority, Government Aircraft.’’ 3. Authorities. in writing, only to the Deputy Director. b. OMB Bulletin 93–11, ‘‘Fiscal a. TO 101–05, ‘‘Reporting b. To the extent that information is Responsibility and Reducing Relationships and Supervision of protected from disclosure by statute or Perquisites,’’ dated April 19, 1993. Officials, Offices and Bureaus, Executive Order, data shall be submitted c. FTR Chapter 301–3 (41 CFR 301.3), Delegation of Certain Authority, and by the Director, USSS, in accordance ‘‘Use of Commercial Transportation,’’ Order of Succession in the Department with FTR 301–3.3(e)(4) (41 CFR 301– and Chapter 304 (41 CFR Part 304), of the Treasury.’’ 3.3(e)(4)), as prescribed in paragraph ‘‘Payment from a Non-Federal Source b. 31 U.S.C. 324. 5.c. herein. for Travel Expenses.’’ 4. Cancellation. d. 5 U.S.C. 4111, ‘‘Acceptance of a. Treasury Directive 16–21, ‘‘Disposal 7. Other Premium-Class Travel of Obligations, Including Bonds, Notes Accommodations. The Deputy Assistant Contributions, Awards, and Other Payments.’’ or Other Securities,’’ dated May 3, 1995, Secretary (Administration), Heads of is superseded, except as provided Bureaus, and the Inspector General are e. 5 U.S.C. 7342, ‘‘Receipt and Disposition of Foreign Gifts and below. delegated authority to approve b. Any matter being processed on the premium-class other than first-class Decorations.’’ 10. Cancellation. Treasury Directive date of this Directive by the transportation accommodations when Commissioner, Financial Management such accommodations meet the criteria 74–13, ‘‘Premium-Class Travel,’’ dated October 26, 1994, is superseded. Service, that requires the disposal of in FTR 301–3.3 (41 CFR 301–3.3). This obligations, including bonds, notes or authority may be redelegated, in 11. Expiration Date. This Directive expires three years after the date of other securities, may be completed writing, only to the principal deputy, under the authority delegated to the with the exception of: issuance unless superseded or canceled by that date. Commissioner, Financial Management a. the USSS, who may redelegate to 12. Offices of Primary Interest. Office Service, in the May 3, 1995, Directive, the Assistant Special Agent in Charge of Accounting and Internal Control; if the Fiscal Assistant Secretary so (ASAIC), Office of Administration; and Office of the Deputy Chief Financial directs. b. the U.S. Customs Service, who may Officer; Office of the Assistant Secretary 5. Expiration Date. This Directive redelegate to the U.S. Customs Service for Management and Chief Financial expires three years from the date of Assistant Commissioners, Offices of Officer. issuance unless cancelled or superseded Investigations and Internal Affairs for by that date. Nancy Killefer, 6. Office of Primary Interest. Division covert investigative assignments only. Assistant Secretary for Management and Use of premium-class other than first- of Accounting Operations, Office of Chief Financial Officer. Public Debt Accounting, Bureau of the class accommodations shall be [FR Doc. 97–31526 Filed 12–1–97; 8:45 am] approved only when use of such Public Debt. BILLING CODE 4810±25±P accommodations is clearly consistent Gerald Murphy, with the criteria in the FTR; the Fiscal Assistant Secretary. justification on the travel authorization DEPARTMENT OF THE TREASURY [FR Doc. 97–31527 Filed 12–1–97; 8:45 am] should address any additional costs BILLING CODE 4810±25±P involved. Approval of business-class [Treasury Directive Number 16±21] accommodations by a non-Federal Disposal of Obligations, Including source shall be in accordance with FTR DEPARTMENT OF VETERANS Bonds, Notes or Other Securities; Chapter 304 (41 CFR part 304). Further, AFFAIRS in situations where the business-class Authority Delegation travel accommodations are provided by Dated: November 25, 1997. Enhanced-Use Lease of Property at the a non-Federal source on a 1. Delegation. By virtue of the James H. Quillen Veterans Affairs reimbursement, rather than an in-kind authority granted to the Fiscal Assistant Medical Center at Mountain Home, basis, the use of premium-class other Secretary by Treasury Order (TO) 101– Tennessee than first-class must be justified 05, the Commissioner, Bureau of the AGENCY: Department of Veterans Affairs. independently and in accordance with Public Debt, is delegated the authority the criteria in FTR 301–3.3 (41 CFR ACTION: Notice of designation and intent to dispose of obligations, including to execute an Enhanced-Use Lease. 301–3.3). The use of premium-class bonds, notes or other securities, other than first-class airline acquired by the Secretary of the SUMMARY: The Secretary of the accommodations for ‘‘security purposes Treasury for the United States Department of Veterans Affairs is or exceptional circumstances’’ as Government or delivered by an designating the James H. Quillen permitted by FTR 301–3.3(d)(5)(iv) (41 executive agency pursuant to 31 U.S.C. Veterans Affairs Medical Center at CFR 301–3.3(d)(5)(iv)) shall be strictly 324, and to perform any functions Mountain Home, Tennessee (the limited to those situations where their necessary to effect such disposition. The Medical Center), for an Enhanced-Use use is essential to the successful Commissioner, Bureau of the Public Lease development. The Department performance of the agency’s mission. Debt, shall be responsible for referring intends to enter into a long-term lease 8. Supply of Forms. TD F 70–02.6 to the Fiscal Assistant Secretary any of real property at the Medical Center may be obtained from the Records matters on which action should be with the State of Tennessee (through the Management and Resources Branch, DO, appropriately taken by the Fiscal East Tennessee State University—ETSU) or by submitting a printing requisition Assistant Secretary. in order to transfer the long-term through the bureau forms control 2. Redelegation. The Commissioner, maintenance and development manager to the DCFO, Office of Bureau of the Public Debt, may responsibilities of 31 acres of land Accounting and Internal Control, DO. redelegate this authority, and it may be (including 9 buildings) to the State of 9. Authorities. exercised in the individual capacity and Tennessee. The Enhanced-Use lease will 63750 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices supersede existing leases of buildings the benefit of an improved affiliation as of the property will be to provide and land between VA and the State of the result of greatly improved medical appropriate space for an activity Tennessee wherein VA is required to school facilities. contributing to the mission of the provide and fund all maintenance and FOR FURTHER INFORMATION CONTACT: Department; the lease will not be capital improvements on behalf of inconsistent with and will not adversely ETSU. The property will continue to be Bob Eidson, Capital Assets Manager, affect the mission of the Department; used exclusively as a teaching facility Office of the Director (00B), James H. and the lease will enhance the property. by ETSU’s James H. Quillen College of Quillen VA Medical Center at Mountain This project meets these requirements. Medicine. As consideration for the long- Home (Johnson City), Tennessee 37684, (423)–926–1171, extension 7112. Dated: November 20, 1997. term use of VA’s capital assets, VA will Approved: receive a combination of benefits: the SUPPLEMENTARY INFORMATION: 38 U.S.C. cost avoidance and/or revenue Sec. 8161 et seq., specifically provides Hershel W. Gober, generation which will result in more that the Secretary may enter into an Acting Secretary of Veterans Affairs. operational funding being available for Enhanced-Use Lease if the Secretary [FR Doc. 97–31487 Filed 12–1–97; 8:45 am] direct patient care. VA will also receive determines that at least part of the use BILLING CODE 8320±01±M federal register December 2,1997 Tuesday Notice Educational OpportunityGrantPrograms; Study, andFederalSupplemental Federal PerkinsLoan,Work- Education Department of Part II 63751 63752 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

DEPARTMENT OF EDUCATION Any other proof of mailing acceptable to information the institution provided in the Secretary of Education. this waiver request is true and accurate [CFDA No.: 84.038, 84.033, and 84.007] If a waiver request is sent through the to the best of my knowledge. I Federal Perkins Loan, Federal Work- U.S. Postal Service, the Secretary does understand that the information is Study, and Federal Supplemental not accept either of the following as subject to audit and program review by Educational Opportunity Grant proof of mailing: (1) A private metered representatives of the Secretary of Programs postmark, or (2) A mail receipt that is Education.’’ If the institution submits a not dated by the U.S. Postal Service. waiver request and any supporting AGENCY: Office of Postsecondary An institution should note that the information or documents after the Education, Department of Education. U.S. Postal Service does not uniformly closing date, the request will not be ACTION: Notice of the closing date for provide a dated postmark. Before considered. relying on this method, an institution institutions to submit a request for a Applicable Regulations waiver of the allocation reduction for should check with its local post office. the underuse of funds under the Federal An institution is encouraged to use The following regulations apply to the Perkins Loan, Federal Work-Study certified or at least first class mail. An campus-based programs: (FWS), or Federal Supplemental institution that submits a waiver request (1) Student Assistance General Educational Opportunity Grant (FSEOG) and any supporting information or Provisions, 34 CFR part 668. programs (known collectively as the documents after the closing date will (2) General Provisions for the Federal campus-based programs). not be considered for a waiver of the Perkins Loan Program, Federal Work- allocation reduction being applied to its Study Program, and Federal SUMMARY: The Secretary gives notice to allocation under any of the campus- Supplemental Educational Opportunity institutions of higher education of the based programs for award year 1998–99. Grant Program, 34 CFR part 673. deadline for an institution to submit a Waiver Requests and any Supporting (3) Federal Perkins Loan Program, 34 written request for a waiver of the Information or Documents Delivered by CFR part 674. (4) Federal Work-Study Programs, 34 allocation reduction being applied to its Hand. A waiver request and any CFR part 675. Federal Perkins Loan, FWS, or FSEOG supporting information or documents (5) Federal Supplemental Educational allocation for the 1998–99 award year delivered by hand must be taken to Ms. Opportunity Grant Program, 34 CFR part (July 1, 1998 through June 30, 1999) Sandra K. Donelson, Campus-Based 676. because the institution returned more Financial Operations Branch, than 10 percent of its allocation for that (6) Institutional Eligibility Under the Institutional Financial Management Higher Education Act of 1965, as program for the 1996–97 award year Division, Accounting and Financial (July 1, 1996 through June 30, 1997). amended, 34 CFR part 600. Management Service, Student Financial (7) New Restrictions on Lobbying, 34 DATES: Closing Date for Submitting a Assistance Programs, U.S. Department CFR part 82. Waiver Request and any Supporting of Education, Room 4714, Regional (8) Governmentwide Debarment and Information or Documents. For an Office Building 3, 7th and D Streets, Suspension (Nonprocurement) and institution that returned more than 10 S.W., Washington, D.C. Hand-delivered Governmentwide Requirements for percent of its Federal Perkins Loan, waiver requests will be accepted Drug-Free Workplace (Grants), 34 CFR FWS, or FSEOG allocation for the 1996– between 8:00 a.m. and 4:30 p.m. part 85. 97 award year to be considered for a (Eastern time) daily, except Saturdays, (9) Drug-Free Schools and Campuses, waiver of the allocation reduction for its Sundays, and Federal holidays. A 34 CFR part 86. 1998–99 award year allocation, it must waiver request for the 1998–99 award FOR FURTHER INFORMATION CONTACT: For mail or hand-deliver its waiver request year that is delivered by hand will not technical assistance concerning the and any supporting information or be accepted after 4:30 p.m. on the waiver request or other operational documents on or before February 13, closing date. procedures of the campus-based 1998. The Department will not accept a SUPPLEMENTARY INFORMATION: Under programs, contact: Ms. Sandra K. waiver request submitted by facsimile sections 413D(e)(2), 442(e)(2), and Donelson, Institutional Financial transmission. The waiver request must 462(j)(4) of the Higher Education Act of Management Division, U.S. Department be submitted to the Institutional 1965, as amended, if an institution of Education, P.O. Box 23781, Financial Management Division at one returns more than 10 percent of its Washington, D.C. 20026–0781. of the addresses indicated in the Federal Perkins Loan, FWS, or FSEOG Telephone (202) 708–9751. following section. allocation for an award year, the Individuals who use a ADDRESSES: Waiver Request and any institution will have its allocation for telecommunications device for the deaf Supporting Information or Documents the second succeeding award year for (TDD) may call the Federal Information Delivered by Mail. The waiver request that program reduced by the dollar Relay Service (FIRS) at 1–800–877–8339 and any supporting information or amount returned. The Secretary may between 8 a.m and 8 p.m., Eastern time, documents delivered by mail must be waive this requirement for a specific Monday through Friday. Individuals addressed to Ms. Sandra K. Donelson, institution if the Secretary finds that with disabilities may obtain this Institutional Financial Management enforcement of the requirement would document in an alternate format (e.g., Division, U.S. Department of Education, be contrary to the interest of the affected Braille, large print, audiotape, or P.O. Box 23781, Washington, D.C. campus-based program. The institution computer diskette) by contacting the 20026–0781. An applicant must show must provide a written waiver request person listed in the preceding proof of mailing consisting of one of the and any supporting information or paragraph. following: (1) A legibly dated U.S. documents by the established February Electronic Access to This Document. Postal Service postmark; (2) A legible 13, 1998 closing date. The waiver Anyone may view this document, as mail receipt with the date of mailing request must be signed by an well as all other Department of stamped by the U.S. Postal Service; (3) appropriate institutional official, and Education documents published in the A dated shipping label, invoice, or above the signature the official must Federal Register, in text or portable receipt from a commercial carrier; or (4) include the statement: ‘‘I certify that the document format (pdf) on the World Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63753

Wide Web at either of the following Anyone may also view these (Authority: 20 U.S.C. 1087aa et seq.; 42 sites: documents in text copy only on an U.S.C. 2751 et seq.; and 20 U.S.C. 1070b et http://ocfo.ed.gov/fedreg.htm electronic bulletin board of the seq.) http://www.ed.gov/news.html Department. Telephone: (202) 219–1511 Dated: November 19, 1997. To use the pdf you must have the or, toll free, 1–800–222–4922. The David A. Longanecker, documents are located under Option Adobe Acrobat Reader Program with Assistant Secretary for Postsecondary Search, which is available free at either G—Files/Announcements, Bulletins and Education. of the previous sites. If you have Press Releases. [FR Doc. 97–31493 Filed 12–1–97; 8:45 am] questions about using the pdf, call the Note: The official version of this document BILLING CODE 4000±01±P U.S. Government Printing Office toll is the document published in the Federal free at 1–888–293–6498. Register. federal register December 2,1997 Tuesday Claims; Notice ``Made inUSA''andOtherU.S.Origin Commission Federal Trade Part III 63755 63756 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

FEDERAL TRADE COMMISSION FOR FURTHER INFORMATION CONTACT: Beth 1995, the Commission published a M. Grossman, Attorney, Division of notice in the Federal Register soliciting ``Made in USA'' and Other U.S. Origin Advertising Practices, Bureau of public comment on various issues Claims Consumer Protection, Federal Trade related to this review, and announcing Commission, Washington, DC 20580, that Commission staff would conduct a AGENCY: Federal Trade Commission. telephone 202–326–3019, or Kent C. public workshop on this topic. 60 FR TITLE: Enforcement Policy Statement on Howerton, Attorney, Division of 53922 (1995).5 Contemporaneous with U.S. Origin Claims. Enforcement, Bureau of Consumer the solicitation of public comment, the ACTION: Notice of Issuance of Protection, Federal Trade Commission, Commission commissioned a two-part Enforcement Policy Statement on U.S. Washington, DC 20580, telephone 202– study to examine consumer Origin claims. 326–3013. understandings of U.S. origin claims. SUPPLEMENTARY INFORMATION: On March 26 and 27, 1996, SUMMARY: The Federal Trade representatives of industry, consumer I. Introduction Commission (‘‘FTC’’ or ‘‘Commission’’) groups, unions, government agencies, has conducted a comprehensive review The Commission regulates claims of and others participated in the public of ‘‘Made in USA’’ and other U.S. origin U.S. origin, such as ‘‘Made in USA,’’ workshop, which focused on consumer claims in product advertising and pursuant to its statutory authority under perception of U.S. origin claims and a labeling. Historically, the Commission section 5 of the Federal Trade discussion of the costs and benefits of has held that a product must be wholly Commission Act, which prohibits various alternative standards for domestic or all or virtually all made in ‘‘unfair or deceptive acts or practices.’’ evaluating such claims. Following the the United States to substantiate an Cases brought by the Commission unqualified ‘‘Made in USA’’ claim. As workshop, the Commission, in a notice beginning over 50 years ago established published on April 26, 1996, extended part of its review, which began in 1995, the principle that it was deceptive for a the Commission sought public comment the period for clarifying or rebuttal marketer to promote a product with an comments until June 30, 1996, and set and conducted a two-day public unqualified ‘‘Made in USA’’ claim workshop. forth additional questions for comment. unless that product was wholly of 61 FR 18600 (1996). On May 7, 1997, the Commission domestic origin.1 In two 1994 cases, the solicited public comment on Proposed Commission rearticulated this standard After reviewing the consumer Guides for the Use of U.S. Origin Claims to require that a product advertised as perception evidence, the public (‘‘Proposed Guides’’). Under the ‘‘Made in USA’’ be ‘‘all or virtually all’’ comments, and the workshop Proposed Guides, a marketer making an made in the United States.2 Whether the proceedings, the Commission proposed, unqualified U.S. origin claim would standard was called ‘‘wholly domestic’’ in a notice published on May 7, 1997, have been required to have a reasonable or ‘‘all or virtually all,’’ however, to adopt Guides for the Use of U.S. basis substantiating that the product unqualified claims of domestic origin Origin Claims and sought public was substantially all made in the United have been treated as claims that the comment on the Proposed Guides until States. To give further guidance as to product was in all but de minimis August 11, 1997. 62 FR 25020. Under what constitutes a reasonable basis for amounts made in the United States.3 the Proposed Guides, a marketer making making a ‘‘Made in USA’’ claim, the In a July 11, 1995 press release, the an unqualified claim of U.S. origin, at Proposed Guides set forth two ‘‘safe Commission announced that it would the time it makes the claim, would have harbors’’ under which an unqualified undertake a comprehensive review of to possess and rely upon a reasonable U.S. origin claim would not be U.S. origin claims and examine whether basis that the product is substantially all considered deceptive. the Commission’s traditional standard made in the United States. To assist The Proposed Guides also addressed for evaluating such claims remained manufacturers in complying with this qualified claims, claims regarding consistent with consumer perceptions standard, the Proposed Guides also set specific processes and parts, multiple- and continued to be appropriate in forth two alternative ‘‘safe harbors’’ item sets, and changes in cost and today’s global economy.4 On October 18, under which an unqualified U.S. origin sourcing. They also would have claim would not be considered authorized specific origin claims for 1 See, e.g., Windsor Pen Corp., 64 F.T.C. 454 deceptive. The first safe harbor certain products that are both sold (1964); Vulcan Lamp Works, Inc., 32 F.T.C. 7 encompassed products that were last domestically and exported. (1940). substantially transformed in the United 2 This language was first used in the cases of Hyde After extensively reviewing comments Athletic Industries, File No. 922–3236 (consent States and whose U.S. manufacturing received regarding the Proposed Guides, agreement accepted subject to public comment costs constituted 75% of total the Commission has determined not to Sept. 20, 1994) and New Balance Athletic Shoes, manufacturing costs (‘‘75% U.S. content adopt the Proposed Guides. Instead, the Inc., Docket No. 9268 (complaint issued Sept. 20, 1994). In light of the decision to review the safe harbor’’). The second safe harbor Commission will continue to enforce standard for U.S. origin claims, the Commission applied to products that have undergone the Commission’s current ‘‘all or later modified the complaints in these cases to two levels of substantial transformation virtually all’’ standard. The Enforcement eliminate the allegations based on the ‘‘all or in the United States: i.e., the product’s Policy Statement on U.S. Origin Claims virtually all’’ standard. Consent agreements based on these revised complaints were issued on last substantial transformation took that appears at the end of this notice December 2, 1996 (New Balance) and December 4, place in the United States, and the last outlines the Commission’s enforcement 1996 (Hyde). substantial transformation of each of it policy in this area and provides 3 In this notice, the Commission refers to its significant inputs took place in the additional guidance to marketers traditional standard as the ‘‘all or virtually all’’ standard. United States (‘‘two levels of substantial wishing to make an unqualified ‘‘Made 4 The Commission initiated its review in part 5 A follow-up notice published on December 19, in USA’’ claim under the ‘‘all or because of comments from the public on the 1995 announced that the public workshop would be virtually all’’ standard. The statement consent agreement the Commission had accepted (subject to final action) with Hyde, and letters from held on March 26 and 27, 1996, and stated that the also provides guidance on the use of record would be held open for post-workshop qualified claims. more than 40 members of Congress who wrote to the Commission or Chairman Robert Pitofsky urging public comments until April 30, 1996. 60 FR 65327 EFFECTIVE DATE: December 1, 1997. that the Commission review and revise its standard. (1995). Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63757

transformation safe harbor’’).6 The commenters opposed the Proposed 58 manufacturers and other Proposed Guides also addressed various Guides as setting too low a standard corporations,16 and 3 other qualified claims, claims regarding and/or expressly supported the current specific processes and parts, multiple- ‘‘all or virtually all’’ standard. These 1241’’), #742; Int’l Ass’n of Machinists & Aerospace Workers, Air Transport Lodge 1056 (‘‘Machinists item sets, and the effects of changes in included a coalition of 16 Attorneys # 8 9 Lodge 1056’’), 558; Int’l Brotherhood of costs and sourcing. They further General, 13 members of Congress, 5 Boilermakers, Iron Ship Builders, Blacksmiths, 10 provided for an alternative origin claim state legislators, 1 state General Forgers & Helpers, AFL–CIO (‘‘Boilermakers’’), for certain products that are both sold Assembly,11 1 City Council,12 6 trade #514; Int’l Brotherhood of Electrical Workers, Local domestically and exported. associations,13 2 consumer groups,14 29 1040, AFL–CIO (‘‘IBEW Local 1040’’), #745; Int’l In response to the Proposed Guides, 15 Brotherhood of Electrical Workers, Local 540, AFL– labor unions or union representatives, CIO (‘‘IBEW Local 540’’), #686; Int’l Union, United the Commission received 1,057 written Automobile, Aerospace & Agriculture Implement comments.7 After reviewing the public 8 This comment was submitted by the Attorneys Workers of America—UAW (‘‘UAW’’), #615; comments, the Commission has decided General of Connecticut, California, Florida, Iowa, Montana State AFL–CIO (‘‘MT AFL–CIO’’), #459; that it will not adopt the Proposed Illinois, Michigan, Missouri, North Carolina, New Permian Basin Central Labor Union, AFL–CIO Jersey, Nevada, New York, Pennsylvania, Rhode (‘‘PBCLU’’), #388, #418; Seattle Professional Guides, but instead will continue to Island, Tennessee, Washington, and Wisconsin Engineering Employees Ass’n (‘‘SPEEA’’), #830, enforce the Commission’s current ‘‘all or (‘‘AGs’’), #462. In addition, Jeremiah Nixon, #944; UAW—Region 9A (‘‘UAW Region 9A’’), #682; virtually all’’ standard. In conjunction Attorney General of Missouri (‘‘Nixon’’) submitted Union Label & Service Trade Department, Plumbers # with this decision, the Commission is a separate comment, 63. & Steamfitters Local 565, AFL–CIO (‘‘Plumbers & 9 U.S. Sen. Dale Bumpers (‘‘Bumpers’’), #74; U.S. Steamfitters Local 565’’), #209; Union Label & issuing an Enforcement Policy Rep. Mark W. Neumann and U.S. Rep. Tom Latham Service Trades Department, AFL–CIO (‘‘AFL–CIO/ Statement on U.S. Origin Claims which (‘‘Neumann/Latham’’), #75; U.S. Rep. James A. ULSTD’’), #608; Union of Needletrades, Industrial provides additional guidance to Traficant, Jr. (‘‘Traficant’’), #231; U.S. Rep. Peter J. & Textile Employees, AFL–CIO, CLC (‘‘UNITE’’), # marketers seeking to make ‘‘Made in Visclosky (‘‘Visclosky’’), #236; U.S. Rep. Earl F. 696; United Food & Commercial Workers, Local Hilliard (‘‘Hilliard’’), #242; U.S. Sen. Carl Levin 26, AFL–CIO (‘‘UFCW Local 26’’), #897; United USA’’ and similar claims. The (‘‘Levin’’), #254; U.S. Rep. Virgil H. Goode, Jr. Paperworkers Int’l Union, AFL–CIO, CLC Enforcement Policy Statement appears (‘‘Goode’’), #24; U.S. Rep. Sherrod Brown (‘‘Paperworkers’’), #255; Communications Workers at the end of this notice. (‘‘Brown’’), #599; U.S. Rep. Bob Franks and U.S. of America, Local 3104, AFL–CIO (‘‘CWA Local Rep. John D. Dingell (‘‘Franks/Dingell’’), #670, 3104’’), #688; Hartford Federation of School II. Summary of Comments On Proposed (‘‘Dingell’’), #694 (noting his past opposition to Secretaries (‘‘School Secretaries’’), #843; Int’l Union Guides weakening the all or virtually all standard and of Electronic, Electrical, Salaried, Machine and requesting that the Commission respond to specific Furniture Workers, Furniture Workers Division, A. General Information questions about the Proposed Guides; with attached AFL–CIO (‘‘Furniture Workers’’), #506; UAW Local response from the Commission’s staff); U.S. Rep. 977, Buy American Committee (‘‘UAW Local 977’’), The total of 1,057 comments John Olver (‘‘Olver’’), #671A; U.S. Rep. Bruce F. #651; UAW, Amalgamated Local 644 (‘‘UAW Local represented 1,165 commenters, Vento (‘‘Vento’’), #735. U.S. Rep. Tom Campbell 644’’), #54; UAW, Local 145 (‘‘UAW Local 145’’), # including 963 individual consumers, 24 (‘‘Campbell’’) submitted a comment conveying the 913; United Steelworkers of America, Local 9189, concerns of constituents, but did not take a position AFL–CIO (‘‘Steelworkers Local 9189’’), #995; members of Congress, 2 consumer himself. Campbell, #283. A number of other United Steelworkers of America, Rubber/Plastic organizations, 1 non-profit organization, members of Congress forwarded comments from Industry Conference, Local 2, District 1, AFL–CIO, 90 manufacturers or other corporations, their constituents. CLC (‘‘Steelworkers Local 2’’), #1017; Brewery and 29 trade associations, 29 labor unions 10 North Carolina Rep. William S. Hiatt (‘‘Hiatt’’), Soft Drink Workers, Liquor Drivers, and New and #196; North Carolina Sen. Fountain Odom Used Car Workers, Teamsters Local Union 1040 and union representatives, 23 state and # (‘‘Odom’’), #290; Illinois Rep. Michael J. Boland (‘‘Teamsters Local 1040’’), 1052. local government representatives (‘‘Boland’’), #468; North Carolina Rep. Wayne 16 A&E Manufacturing Co. (‘‘A&E’’), #991; ABCO (including a coalition of 16 state Goodwin (‘‘Goodwin’’), #508; Pennsylvania Rep. Industries, Inc. (‘‘ABCO’’), #743; American Sigma Richard D. Olasz (‘‘Olasz’’), #623. (‘‘American Sigma’’), #661; Ben Forman & Sons, Inc. Attorneys General), and 4 others. # # 11 New Jersey General Assembly (‘‘NJ Assembly’’), (‘‘Forman’’), 159; BOYT (‘‘BOYT’’), 959; Calibre, # B. Comments Supporting the All or #740. Inc. (‘‘Calibre’’), 991; Centerville Lumber Co. # # 12 # (‘‘Centerville’’), 152, 734; Cheraw Yarn Mills, Inc. Virtually All Standard City of Titusville, FL (‘‘Titusville’’), 1047. # 13 (‘‘Cheraw’’), 716; Danaher Tool Group The vast majority of the individual American Export Ass’n (‘‘American Export’’), (‘‘Danaher’’), #991; D.E. Williams Co. (‘‘Williams’’), #201; The American Hand Tool Coalition # # consumers as well as 130 other # 1031; Duchess Industries (‘‘Duchess’’), 512; (‘‘American Hand Tool’’), 622; American Iron & Durand Int’l (‘‘Durand’’), #471; Dyersburg Corp. Steel Institute (‘‘AISI’’), #636; Tile Council of # # (‘‘Dyersburg’’), 720; Dynacraft Industries, Inc. 6 ‘‘Substantial transformation’’ is a U.S. Customs America, Inc. (‘‘TCA’’), 618; American Textile # # # (‘‘Dynacraft’’), 646; Elco Textron (‘‘Elco’’), 970; Service term that refers to a manufacturing or other Manufacturers Institute (‘‘ATMI’’), 615; Crafted Equity Services of Connecticut, Inc. (‘‘Equity process that results in a new and different article with Pride in USA Council, Inc. (‘‘Crafted With # # Services’’), 1001; Exidyne Instrumentation of commerce, having a new name, character, and Pride’’), 469. Despite the exclusion of textile Technologies, Inc. (‘‘Exidyne’’), #731; Federal use that is different from that which existed prior products from the Proposed Guides, four additional Forging Tools (‘‘Federal’’), #654; Friend Laboratory to the processing. See 59 FR 141 (1994). trade associations filed comments urging the (‘‘Friend’’), #34; GBW Manufacturing, Inc. (‘‘GBW’’), 7 This number reflects those comments received Commission to maintain the existing standards #1014; Gee Kay—Knit Products (‘‘Gee Kay’’), #1034; at the time this notice was prepared; additional under the Textile Products Identification Act, 15 Herker Industries (‘‘Herker’’), #991; Inman Mills comments on this matter continue to be submitted U.S.C. 70, for ‘‘Made in USA’’ claims for garments (‘‘Inman’’), #981; Jackson Products (‘‘Jackson’’), to the Commission. The comments have been filed and other textile products. American Apparel #880; Joshua L. Baily & Co., Inc., (‘‘Baily’’), #53; # on the Commission’s public record as Document Manufacturers Ass’n (‘‘AAMA’’), 697; Clothing Kenosha Leatherette & Display Co. (‘‘Kenosha’’), # Nos. B21902700001, B21902700002, etc. The Manufacturers Ass’n of USA (‘‘CMA’’), 624; #991; Kern Special Tools Co., Inc. (‘‘Kern’’), #739; comments are cited in this notice by the name of Garment Contractors Ass’n of Southern California Madewell Machine Works Co., Inc. (‘‘Madewell’’), # the commenter, a shortened version of the comment (‘‘GCASC’’), 895; Knitted Textile Ass’n (‘‘KTA’’), #958; March Instruments, Inc. (‘‘March’’), #46; # number, and the relevant page(s) of the comment, 634. Matco Tools (‘‘Matco’’), #600; Merit Abrasives e.g., AGs, #462, at 2. All written comments 14 National Consumers League (‘‘NCL’’), #640; (‘‘Merit’’), #628; Murphy & Co.(’’Murphy’’), #64; submitted (including those received after the Wisconsin Citizen Action (‘‘WI Citizen Action’’), Newco Valves (‘‘Newco’’), #198; NTP-Republic preparation of this notice), as well as a list of #991. (‘‘NTP’’), #699; Nucor Steel (‘‘Nucor’’), #992; commenters (through #1057), are available for 15 Alabama AFL–CIO (‘‘Alabama AFL–CIO’’), Piedmont Clarklift, Inc. (‘‘Piedmont’’), #741; public inspection on normal business days between #242; Connecticut Employees Union Independent, Protexall, Inc. (‘‘Protexall’’), #917; Regal-Beloit the hours of 8:30 a.m. to 5:00 p.m. at the Public Local 511, AFL–CIO (‘‘CEUI Local 511’’), #870; East Corp. (‘‘Regal-Beloit’’), #614; Richland Mills Reference Room, Room 130, Federal Trade Central Ohio Building & Construction Trades (‘‘Richland’’), #626; Schofield (‘‘Schofield’’), #51; Commission, 6th and Pennsylvania Ave., N.W., Council, AFL–CIO (‘‘Construction Trades’’), #687; SGS Tool Co. (‘‘SGS’’), #221; Sharpe Manufacturing Washington, DC 20580. In addition, the comments Food & Allied Service Trades Dept., AFL–CIO Co. (‘‘Sharpe’’), #630; Sheffield Steel Corp. received, and other materials relevant to this (‘‘FAST’’), #545; Hotel Employees & Restaurant (‘‘Sheffield’’), #935; SidaMerica LLC review, are available to the public through the Employees Local 74, AFL–CIO (‘‘HERE Local 74’’), (‘‘SidaMerica’’), #246; Snap-on Tools (‘‘Snap-on’’), Commission’s World Wide Web site (http:// #255; Int’l Ass’n of Firefighters, West Hartford Fire #685, #732, #733, #991; Spectronics Corp. www.ftc.gov). Fighters Ass’n, Local 1241 (‘‘Firefighters Local Continued 63758 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

commenters.17 In addition to the from lowering this standard at the USA’’ label standard will lead to the loss of individual consumer comments, 7 expense of consumers and jobs in the American jobs.25 individual commenters or groups United States.’’ The Made in USA Other commenters echoed the submitted petitions urging the Coalition, comprised of 3 consumer consumers’ concerns and cited Commission to retain the ‘‘all or groups, 32 labor unions, 15 businesses, additional reasons for keeping the ‘‘all virtually all’’ standard that were signed and 11 agriculture organizations, and a or virtually all’’ standard. Several by a total of more than 11,000 primary backer of the House Resolution, opponents of the Proposed Guides individuals.18 Last, the Commission submitted a comment expressly expressed concern that altering the received over 200 telephone calls from supporting it.21 In addition, members of current standard would deceive, or at individual consumers who stated their the Senate recently introduced Senate least confuse, consumers.26 Some of opposition to the Proposed Guides.19 Concurrent Resolution 52, which also these commenters argued that the In addition, over 200 members of the supports the retention of the ‘‘all or consumer perception evidence before House of Representatives have virtually all’’ standard. Similarly, the the Commission does not support cosponsored House Concurrent New Jersey General Assembly and the lowering the standard.27 Some Resolution 80 (‘‘Resolution’’), opposing Titusville (Florida) City Council commenters additionally asserted that the Proposed Guides and urging the adopted resolutions that ask the consumer attitudes and preferences Commission to retain the ‘‘all or Commission to maintain the traditional towards ‘‘Made in USA’’ products have virtually all’’ standard.20 The Resolution standard.22 not been altered by a change in the states that lowering the current standard The consumer commenters economy, or, if anything, have been ‘‘will be a misrepresentation to 28 overwhelmingly opposed the Proposed made stronger. consumers in the United States who Guides and generally supported an ‘‘all Other advocates of the ‘‘all or presently believe products bearing the or virtually all’’ standard or advocated virtually all’’ standard warned that ‘Made in USA’ label were all or virtually a specific percentage, usually 90% or, changing the standard in the way all made in the United States,’’ and that more often, 100%. Many commenters proposed by the Commission would American consumers are ‘‘entitled to stated that ‘‘ ‘Made in USA’ means what harm the American manufacturing base, purchase products with the it says’’ or expressed similar sentiments. because companies would have less understanding that the labels on these Several commenters asserted that incentive to use U.S. labor and U.S. products reflect consistent definitions.’’ changing the current standard would product components. These commenters Accordingly, the Resolution ‘‘urges the confuse consumers who wish to buy concluded that American jobs would be Federal Trade Commission to refrain American products, leaving them jeopardized as companies increasingly unable to determine whether a product would rely on less expensive foreign (‘‘Spectronics’’), #631; Spray Cotton Mills (‘‘Spray sources.29 Many commenters also stated Cotton’’), #672; Sterling Handling Equipment, Inc. was truly made in the United States. (‘‘Sterling’’), #625; Taytronics Corp. (‘‘Taytronics’’), Individual consumers also stated that that weakening the standard would #744; Vaughn & Bushnell Manufacturing Co. they buy American products to support # # 25 (‘‘Vaughn & Bushnell’’), 151, 616; Victoria Vogue, fellow Americans and expressed Edwin and Beverly Emmons (‘‘Emmons’’), Inc. (‘‘Victoria’’), #1045; The Warren Featherbone #288, at 1. Co. (‘‘Featherbone’’), #1015; Waukesha Industrial concern that lowering the standard 26 See, e.g., Baily, #53; Nixon, #63; Traficant, Supply (‘‘Waukesha’’), #991; Weldbend Corp. would lead to a loss in American jobs. #231; Crafted With Pride, #469; ATMI, #613; (‘‘Weldbend’’), #597; Wolfe Dye & Bleach Works, The following comments exemplify the Vaughan & Bushnell, #616; Weldbend, #597; Inc. (‘‘Wolfe’’), #1057. Wright Tool Co. (‘‘Wright’’), Exidyne, #731; UAW, #615. # # individual consumer comments: 262, 652; Yeoman’s Chicago Corp. (‘‘Yeoman’s’’), 27 See, e.g., American Hand Tool, #622; UAW, # # 216. See also Eastman Kodak Co. (‘‘Kodak’’), 619 The concept of ‘‘Made in the USA’’ has #615; Dynacraft, #646; AGs, #462; Weldbend, #597; (supporting 85% standard). been specific and definite for the last 50 Bumpers, #74. 17 Made in USA Coalition (‘‘MUSA Coalition’’), years. Please leave it as it is. If manufacturers 28 See, e.g., Vento, #735 at 1 (‘‘The decline of #596; Donald P. Selkirk (submitted as Executive want to say an item is ‘‘Made in the USA’’; America’s manufacturing base and the difficulty of Producer, The Donald P. Selkirk Show, WPON ascertaining a product’s origin in the global # Radio, Bloomfield Hills, MI) (‘‘Selkirk’’), 186; then, make sure it is exactly that. ‘‘Made in marketplace, has in fact rendered the Made in USA # Women V.I.P.s (‘‘WVIP’’), 1042. the USA’’ should mean that an item is 100% claim more valuable and significant to American 18 Brown, #599 (petition containing manufactured in the United States of consumers wishing to buy American.’’); AISI, #636, approximately 9,300 signatures submitted by U.S. America and not in another country.23 at 1 (It is ‘‘highly likely that the vast majority of U.S. Rep. Sherrod Brown); John Moore (‘‘John Moore’’), If a product is only partially made in our consumers would be unaware of a change in the #195 (petition signed by 26 individuals); UAW Country, I want to know. I do not wish to standard, and would continue to believe that items Local 977, #651 (petition containing approximately labeled ‘Made in USA’ were held to the current 2,000 signatures submitted by a union purchase items made in other countries and standard.’’); NCL, #640, at 3 (the fact that the representative); Ellen Sofranski (‘‘Sofranski’’), #703 falsely labeled ‘‘Made in America.’’ I want economy is increasingly globalized may cause (petition signed by 28 individuals); Employees of the entire truth on the label. I don’t want to consumers to place even a greater value on # Danaher Tool Group (‘‘Danaher Employees’’), 829 be tricked into buying an item I think is made unqualified ‘Made in USA’ claims); Bumpers, #74, (petition containing 181 names submitted by here when in fact it is not.24 at 1–2 (‘‘Even if fewer products are wholly ‘Made employees of Danaher Tool Group); David Micola in the USA,’ it does not follow that the meaning of (‘‘Micola’’), #966 (petition containing 151 names We are opposed to any change that would the phrase has changed—rather, that fewer products submitted by an individual who is a sheet metal increase the percentage of foreign labor or may meet the standard.’’); UNITE, #696, at 3 (‘‘no worker); Richard Moran, Jr. (‘‘Moran’’), #1029 materials in those goods or products bearing credible evidence * * * that American consumers (petition signed by 28 individuals). the ‘‘Made in the USA’’ label. The American expect the ‘Made in USA’ label to mean that 19 These telephone calls have not been people recognize goods or products bearing products were produced somewhere else’’). memorialized or codified on the record because 29 # this label as being superior in workmanship E.g., SGS, 221, at 1 (U.S. jobs will be in many of them were phone mail messages without jeopardy if Commission adopts proposed standard); the name, telephone number, or address of the and quality. These goods and products are Alabama, #242, at 1 (American workers are already caller. produced by American workers * * * Any badly injured by unfair exportation of jobs by their 20 This number includes at least 13 members of action by the FTC to modify the ‘‘Made in employers); Boilermakers, #514; Plumbers & Congress who were among those who had earlier Steamfitters Local 565, #209, at 1 (‘‘purchasing written to the Commission or submitted public products displaying the ‘Made in U.S.A.’ label is 21 # comments asking the Commission to lower the ‘‘all MUSA Coalition, 596. the first line of defense for American workers to 22 # or virtually all’’ standard. See supra note 4. The NJ Assembly, 740 (Assembly Resolution No. protect their jobs’’). See also PBCLU, #418; AFL– # Resolution was submitted to the Commission by 163); Titusville, 1047 (Resolution No. 39–1997). CIO/ULSTD, #608; Vaughan & Bushnell, #616; AISI, U.S. Representatives Bob Franks and John D. 23 Kenneth Fletcher (‘‘Fletcher’’), #178, at 1. #636; UAW Region 9A, #682; Cheraw, #716; Dingell. Franks/Dingell, #670. 24 Margaret A. Stem (‘‘Stem’’), #203, at 1. Bumpers, #74; Yeomans, #216; Odom, #290. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63759

deny manufacturers whose products manufacturing costs), in addition to commenters additionally argued that were, in fact, ‘‘all or virtually all’’ made being too low to meet consumer consumers would be misled by the two in the United States the marketing expectations, would allow a ‘‘Made in levels of substantial transformation safe advantage attributable to labeling USA’’ claim for products with far less harbor, because it is too imprecise to products ‘‘Made in USA.’’ 30 than even 75% U.S. content (in terms of, ensure that ‘‘substantially all’’ the value A number of commenters opposed to for example, the percentage of of a product is of U.S. origin. UAW the Proposed Guides also contended components). UAW, for example, stated that ‘‘[t]he variation from product that it is not necessary to change the contended that lower foreign labor costs to product in the impact of the double standard in order to permit sellers of would lead to underestimating the transformation test would prevent products made with some foreign parts actual amount of foreign content in a consumers from having a real sense of or labor to inform consumers of their product.34 In addition, the American the U.S. content of the product that is products’ U.S. content. These Hand Tool Coalition argued that, being presented as ‘Made in USA.’ ’’ 38 commenters argued that the current because the Proposed Guides do not Similarly, the American Hand Tool standard allows marketers to make necessarily require marketers to take Coalition contended that this safe qualified claims for products that are into account materials several steps harbor leads to conflicting or made with some foreign parts or labor back in the manufacturing process or to unpredictable results, in part, because as long as those claims are truthful and take into account foreign content that is the Proposed Guides define substantial substantiated.31 not ‘‘significant’’ (which is left transformation to include two tests that In addition, some of the commenters undefined), marketers may fail to are not consistent for all products—the supporting the ‘‘all or virtually all’’ account for all foreign costs.35 case-by-case analysis that Customs standard specifically criticized the A number of commenters also applies to products from most countries particular safe harbors proposed by the specifically criticized the two levels of and the tariff shift regulations that Commission, arguing that neither substantial transformation safe harbor, Customs applies to products from proposed safe harbor would ensure that arguing that this safe harbor does not NAFTA countries.39 a product complies with the proposed guarantee that ‘‘substantially all’’ of the Finally, some commenters supported ‘‘substantially all’’ standard and with labor and value of the product is of a percentage content standard greater consumer expectations regarding ‘‘Made domestic origin.36 A few of these than the 75% safe harbor proposed by 33 in USA’’ claims. commenters expressed concern that, the Commission, but less than 100%. Specifically, several commenters because this safe harbor does not take For example, a coalition of 16 state argued that the 75% U.S. content safe into account the cost of U.S. processing Attorneys General, as well as a few harbor (expressed as a percent of total or inputs, products could be labeled manufacturers, who were generally ‘‘Made in USA’’ even though foreign supportive of an ‘‘all or virtually all’’ 30 E.g., Weldbend, #597, at 1 (the Proposed Guides ‘‘would force most of Weldbend’s fittings and content accounted for a significant standard, recommended that the flanges—made all or virtually all of American percentage of their value.37 Two Commission require that a product have materials by American workers—to share their at least 90% actual U.S. content in order hard-earned ‘Made in USA’ labels with competitors’ 34 For example, UAW pointed out that ‘‘[t]he to bear an unqualified ‘‘Made in USA’’ products having less than 50-percent U.S. content difference in rates of worker compensation between # # label.40 Another commenter, Eastman value’’). See also Vento, 735; Matco, 600; the U.S. and countries such as China allows for the # # # Duchess, 512; Merit, 628; Sharpe, 630; possibility that 75 percent of the manufacturing Kodak, favored an 85% standard, stating # # # Spectronics, 631; Federal, 654; Exidyne, 731; costs could be U.S. value, but that the product that although the ‘‘all or virtually all’’ # # # NTP, 699; Forman, 159; Traficant, 231. would be ‘substantially’ made abroad.’’ UAW, #615, standard affords the best guarantee 31 # # See, e.g., NCL, 640; Visclosky, 236; Traficant, at 2. See also Durand, #471, at 1 (stating that the against consumer deception or #231; Boilermakers, #514; FAST, #545; UNITE, percentage content safe harbor would seriously # # # 696; Schofield, 51; AFL–CIO/ULSTD, 608. In harm its business because ‘‘[c]heap labor imports of confusion, ‘‘legitimate disadvantages addition, a few individual consumers also stems and bowls to be fused in the U.S. can easily [may be placed] on businesses who are suggested that marketers can make qualified claims be estimated to meet the 75% manufacturing cost very heavily committed to maintaining for their products. See, e.g., Matthew Fogarty requirement * * *’’); AFL–CIO/ULSTD, #608, at 1– # manufacturing processes here but (‘‘Fogarty’’), 997 (for products with less than 100% 2 (under the 75% content safe harbor, products can U.S. content, should specify percentage of U.S. be labeled ‘‘Made in USA,’’ even though major cannot ignore the economic realities of content, such as ‘‘Materials 50% Made in USA, components were produced abroad, if those using at least some foreign components’’ Assembled in Guam’’); Anthony J. Jordan components were imported from countries with or who must import items which are not (‘‘Jordan’’), #160 (supports disclosing the specific lower wages); AGs, #462, at 5 (the Commission’s made, or raw materials which are not percentages of U.S. and foreign materials and labor); approach of measuring foreign content by # 41 Lawrence P. Kosel (‘‘Kosel’’), 207 (supports comparing the percentage of costs attributable to found, in the United States. According disclosing on labels the percentage of the product foreign parts and labor to those attributable to U.S. made in America, such as ‘‘70% made in # # parts and labor ‘‘fails to compensate for the the product’s value’’); American Hand Tool, 622, America’’); Arthur Lazur (‘‘Lazur’’), 119 (should disparity in costs between the United States and at 26; AGs, #462, at 6. See also UAW, #615, at 3 state percentage or exact materials made in USA; or many developing countries’’). (citing Example 1 under the second safe harbor in that assembled, but not manufactured, in USA); A related point was made by the American Hand the Proposed Guides as an example of when a R.W. and Susan Marchand (‘‘Marchand’’), #107 (for Tool Coalition, which argued that varying labor product can be labeled ‘‘Made in USA’’ even if products partially produced in USA, should imported components accounted for 80% or 90% of identify percentage made in USA); Debra Newman costs in certain countries would lead to inconsistent the value of the final product); Weldbend, #597, at (‘‘Debra Newman’’), #123 (supports qualified claims labeling results for similar products, e.g., if one 1–2 (for products such as pipe fittings and flanges, such as ‘‘Made in USA of imported parts’’ or manufacturer sources parts from China and a the two levels of substantial transformation safe ‘‘Assembled in [name of country] from US parts’’); second manufacturers sources the same parts from harbor would allow products with 100% foreign Alan D. Shrom (‘‘Shrom’’), #141 (should state on the Germany, the percentage U.S. content will differ materials and one-half to two-thirds of their value product if it is assembled in USA of foreign even if the manufacturers perform the same U.S. of foreign origin to be marketed as ‘‘Made in USA’’). materials); Robert Lebensold (‘‘Lebensold’’), #942 processing at the same cost, because China is a 38 # (‘‘Made in U.S.A. of imported materials’’ might be much lower cost market than Germany. American UAW, 615, at 3. # okay). Hand Tool, 622, at 22. 39 American Hand Tool, #622, at 25. 35 # 33 AGs, #462; AFL–CIO/ULSTD, #608; UAW, American Hand Tool, 622, at 16–19. 40 AGs, #462, at 1,7. See also Sterling, #625, at 1 #615; Durand, #471; Vaughan & Bushnell, #616; 36 See, e.g., AFL–CIO/ULSTD, #608; UAW, #615; (supporting a 90% standard); March, #46, at 1 American Hand Tool, #622. See also Matco, #600, American Hand Tool Coalition, #622; Durand, #471. (supporting a 90% standard). American Sigma, #611; Sharpe, #630, Federal, #654; 37 AFL–CIO/ULSTD, #608, at 2 (under the second 41 Kodak, #619, at 2–3 (consumer perception Exidyne, #731, and NTP, #699 (all submitting safe harbor, a product ‘‘could be assembled in the evidence justifies lowering the U.S. content comments nearly identical to the American Hand U.S. of components put together in the U.S. of parts requirement to 85%; this standard, along with last Tool Coalition’s comment). made overseas that account for more than 25% of Continued 63760 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

to this commenter, changing the nonprofit organization,45 and 1 other below U.S. standards.51 Although being standard might benefit consumers, commenter.46 Many of these able to promote their products as ‘‘Made because American companies would be commenters asserted that the vast in USA’’ would help to even out this motivated ‘‘to offer the best quality at changes in the international economy disadvantage, they argued, many the best price without sacrificing the since the Commission first applied the manufacturers’ products cannot meet ‘American’ identity of their goods.’’ ‘‘all or virtually all’’ standard the current standard, either because of necessitate that the standard be altered. cost reasons or because some materials C. Comments Supporting The Proposed Thus, several commenters asserted that and components are no longer available Guides and/or Other Standards the Proposed Guides ‘‘better reflect[ed] from domestic sources.52 According to A few individual consumers and 62 the practical realities of U.S.- these commenters, if domestic additional commenters favored manufactured products in today’s global manufacturers cannot claim that their modifying the ‘‘all or virtually all’’ economy’’ 47 and provided U.S. products are ‘‘Made in USA,’’ American standard, including 10 members of manufacturers with greater flexibility in jobs would be jeopardized, because Congress,42 32 manufacturers and other making ‘‘Made in USA’’ claims in light these companies would have little corporations,43 17 trade associations,44 1 of these realities.48 Several of these incentive to stay in the United States.53 commenters stated that consumers’ For example, New Balance Athletic substantial transformation in the United States, expectations have kept pace with the Shoes, Inc. stated: would serve consumers’ interests). change in the economy. According to New Balance agrees with the sentiment, 42 U.S. Rep. Susan M. Collins, U.S. Rep. John F. expressed in many of the public comments Kerry, U.S. Rep. Joseph I. Leiberman, and U.S. Rep. these commenters, a lower standard is therefore consistent with consumer filed to date, that the FTC ought to take Olympia J. Snowe (‘‘Collins/Kerry/Leiberman/ action to preserve the ‘‘Made in USA’’ label, Snowe’’), #606; U.S. Rep. Joseph Moakley, U.S. Rep. 49 perception. support U.S. jobs, and encourage William Delahunt; U.S. Rep. Martin Meehan; U.S. A number of commenters disputed Rep. Joseph Kennedy, U.S. Rep. Barney Frank manufacturers to maintain their (‘‘Moakley/Delahunt/Meehan/Kennedy/Frank’’), the claim by supporters of the all or manufacturing facilities in this country, as #671; U.S. Rep. Michael G. Oxley (‘‘Oxley’’), #955. virtually all standard that lowering the well as help to level the playing field for The comment from Rep. Moakley et al. was also standard would lead to fewer jobs in the domestic manufacturers. The ‘‘patriotic’’ signed by U.S. Rep. John Olver. In a subsequent United States, arguing that, on the response, however, is not to enforce an ‘‘all, letter, however, Rep. Olver stated that his signature or virtually all’’ standard that is unreachable was ‘‘inadvertently attached’’ to this comment and contrary, the strictness of the ‘‘all or virtually all’’ standard deprives for the vast majority of U.S. manufacturers, that he did not believe that the FTC’s traditional but to articulate a standard that those standard for ‘‘Made in USA’’ labels should be American manufacturers of a selling manufacturers—the companies who are altered. Olver, #671A. tool that could help preserve American providing jobs for U.S. workers—can meet so 43 Franzus Co., Inc. (‘‘Franzus’’), #301; Converse, 50 # # jobs. These commenters contended that they can compete more fairly with Inc. (‘‘Converse’’), 363, 470; Genfoot America, 54 Inc. (‘‘Genfoot’’), #463; DeBon Leather (‘‘DeBon’’), that American manufacturers are at a imports that have tremendous advantages. #472; Carter Footwear, Inc. (‘‘Carter’’), #595; The competitive disadvantage compared to Other commenters asserted that, Leather Specialty Co. (‘‘Leather Specialty’’), #598; manufacturers in countries where labor because the proposed standard would # Detroit Edge Tool Co. (‘‘Detroit Edge’’), 601; Belair rates and other production costs fall make the ‘‘Made in USA’’ claim more Time Corp. (‘‘Belair’’), #602; Maytag Corp. (‘‘Maytag’’), #605; Oneida Ltd. (‘‘Onedia’’), #607; attainable, manufacturers would be Jules Jurgensen Watches (‘‘Jurgensen’’), #609; Subcommittee’’), #645; Ass’n of Int’l Automobile encouraged to strive to maintain or Toyota Motor Sales, USA (‘‘Toyota’’), #610; Timex Manufacturers (‘‘AIAM’’), #650; Consumer increase domestic content in their Corp. (‘‘Timex’’), #612; Wolverine Worldwide, Inc. Electronics Manufacturers Association (‘‘CEMA’’), products in order to make the ‘‘Made in (‘‘Wolverine’’), Inc., #621; Jameslee Corp. #1041 (attaching a letter to members of Congress (‘‘Jameslee’’), #627; Central Tools, Inc., (‘‘Central’’), signed by officers of EIA, LLGMA, IMRA, FIA, the 51 # #629; Ronda Watch Corp. and Progress Watch Corp. Automotive Parts and Accessories Association, and See, e.g., LLGMA 464, at 2–3 (‘‘Foreign goods (‘‘Ronda/Progress’’), #632; Benrus Watch Co. the American Association of Exporters and dominate the market and thousands of U.S. jobs (‘‘Benrus’’), #633; New Balance Athletic Shoe Co., Importers urging the members not to cosponsor H. have been lost to imports. This is because the cost Inc. (‘‘New Balance’’), #635; The Stanley Works Con. Res. 80 and supporting the FTC’s proposed structure of major foreign suppliers of luggage and (‘‘Stanley’’), #647; The Timken (‘‘Timken’’), #648; guidelines as offering a ‘‘realistic approach’’ to leather goods is far below our own * * * Foreign The Gates Corp. (‘‘Gates’’), #649; Allegiance ‘‘Made in USA’’ labeling). suppliers in these countries utilize very cheap labor and have minimal environmental and workplace Healthcare Int’l, Inc. (‘‘Allegiance’’), #653; 45 Made in the USA Foundation (‘‘MUSA standards * * * It is crucial that the remaining Minnesota Mining & Manufacturing (‘‘3M’’), #700; Foundation’’), #730. luggage and leather goods manufacturers be able to Imation Corp. (‘‘Imation’’), #643; Gary’s Leather 46 JBC International (a consulting firm) (‘‘JBC’’), market the unique ‘Made in USA’ label to have any Creations (‘‘Gary’s’’), #678; Sacoche Int’l, Inc. # 637. hope of competing with low labor cost countries.’’); (‘‘Sacoche’’), #701; NIBCO Inc. (‘‘NIBCO’’), #738; 47 # See, e.g., Carter, 595, at 1; see also Stanley, New Balance, #635, at 4–6 (it has become Samsonite Corp. (‘‘Samsonite’’), #828; Whirlpool # # # 647; Jurgensen, 609; AIAM, 650; Wolverine, increasingly difficult to keep and expand U.S. Corp. (‘‘Whirlpool’’), #957.; Hartmann Luggage & # # # # 621; AHAM, 473; AIAM, 650; JBC, 637; EIA, manufacturing facilities in the face of competition Leather Goods Group (‘‘Hartmann’’), #1013, #641; Belair, #602; FIA, #617. from cheap imports, and the impossibility of Savannah Luggage Works (‘‘Savannah’’), #1039. 48 See, e.g., NCITD, #638; Carter, #595; New obtaining needed components within the United 44 Writing Instrument Manufacturers Ass’n, Inc. Balance, #635; LLGMA, #464; FIA, #617. States); Converse, #470; DeBon, #472; Leather # (‘‘WIMA’’), 187; Rubber & Plastic Footwear 49 # Specialty, #598. Belair, #602; Jules Jurgensen. #609; # See e.g., AHAM, 473, at 2 (although consumer Manufacturers Ass’n (‘‘RPFMA’’), 264; Luggage perception studies indicate that consumers are still Ronda/Progress, #632; Sacoche, #701. and Leather Goods Manufacturers of America, Inc. 52 # # # interested in whether a product is ‘‘Made in USA,’’ See, e.g., AHAM, 473 at 1; New Balance, 635, (‘‘LLGMA’’), 464; Ass’n of Home Applicance this ‘‘rarely signifies to the consumer that the at 2. Manufacturers (‘‘AHAM’’), #473; Int’l Mass Retail product is 100 percent or ‘all or virtually all’ 53 See, e.g., Collins/Kerry/Leiberman/Snowe, Ass’n (‘‘IMRA’’), #594; Footwear Distributors and composed of U.S. made parts and assembled in the #606, at 1 (‘‘To impose a standard which [numerous Retailers of America (‘‘FDRA’’), #603; Int’l U.S.’’); Timken, #648, at 1 (‘‘Global sourcing of manufacturers] cannot meet is one more Electronics Manufacturers and Consumers of components is by now so well-known that encouragement for businesses to abandon U.S. America (‘‘IEMCA’’), #604; Footwear Industries of consumers recognize the fact that ‘USA’ manufacturing for cheap overseas labor.’’); LLGMA, America, Inc. (‘‘FIA’’), #617; National Food # # merchandise may contain a small foreign content’’); 464, at 3 (‘‘If the FTC continues to impose Processors Ass’n (‘‘NFPA’’), 620; The National AIAM, #650, at 3 (‘‘Given the fact that consumer unrealistic country of origin marking requirements, Council on Int’l Trade Development (‘‘NCITD’’), # # perception data is consistent with the global the decline of the U.S. luggage and leather goods 638; Joint Industry Group (‘‘JIG’’), 639; marketplace, it would seem arbitrary to ignore it in industry and its migration off shore will be Electronics Industries Ass’n (‘‘EIA’’), #641; Japan # fashioning Guides to prevent consumer hastened.’’); Moakley/Delahunt/Meehan/Kennedy/ Machinery Exporters’ Ass’n (‘‘JMEA’’), 642; deception.’’) See also Maytag, #605; FIA, #617; Frank/Olver, #671, at 2 (‘‘If the standard is so high Committee of Domestic Steel Wire Rope and Converse, #363; WIMA, #187; Allegiance, #653. that it cannot be met, manufacturers will have no Specialty Cable Manufacturers (‘‘Domestic Steel incentive even to try.’’) Wire Rope’’), #644; The Specialty Cable 50 See, e.g., Belair, #602; AHAM, #473; Jules Manufacturers Subcommittee (‘‘Specialty Cable Jurgensen, #609; New Balance, #635. 54 New Balance, #635, at 2–3. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63761

USA’’ claim.55 Several commenters asked the Commission to lower the In addition, a number of commenters noted that the proposed standard would standard to 50%, because the luggage urged the Commission to replace the allow them to make unqualified ‘‘Made and leather goods industry ‘‘has been Proposed Guides altogether with a lower in USA’’ claims for their products, forced to increase its reliance on foreign standard. As was the case during the although they cannot make such claims materials and components. As domestic Commission’s earlier public comment under the current standard. According industry has grown smaller, so has its period on this issue, many commenters, to Wolverine, for example: ‘‘As supplier base. Therefore, domestic for example, asked the Commission to currently proposed, the FTC’s guides producers often have no choice but to replace the ‘‘all or virtually all’’ would, for the first time, afford the source certain components off shore standard with a substantial opportunity for hundreds of thousands * * *.60 In addition, a few commenters transformation standard or with the of American workers to see their suggested alternative ways to calculate NAFTA Preference Rules.63 One contributions in factories throughout the domestic content.61 commenter recommended that the United States create products which A number of commenters argued that Commission apply a case-by-case, will appropriately carry the unqualified the Commission’s proposed second safe reasonable basis approach to all designation as having been ‘Made in harbor, which would have allowed an country-of-origin claims.64 America.’ ’’ 56 unqualified U.S. origin claim where a Finally, several commenters asked the Some of the commenters favoring a product undergoes two levels of Commission to modify the Proposed change in the standard expressed their substantial transformation in the United Guides to specifically address certain support for the safe harbors for States (the product’s last substantial situations not expressly discussed in the unqualified U.S. origin claims set forth transformation took place in the United Proposed Guides 65 or to exempt certain in the Proposed Guides.57 Other States, and the last substantial types of products.66 commenters, however, while expressing transformation of each of its significant general support for the Proposed inputs took place in the United States), #641, at 7 (this safe harbor may be unduly restrictive, depending upon the meaning of term Guides, asked the Commission to revise is too burdensome. Several, for example, ‘‘significant;’’ Commission should modify the one or both of the proposed safe harbors urged the Commission to apply only one concept of ‘‘all significant components’’ with a and offered specific advice as to how level of substantial transformation (i.e., requirement that the final components transformed this should be done.58 For example, a requiring that only the final substantial in the United States constitute most of the total component value). But see Timex, #612, at 4 (the few commenters expressly supported transformation of the product be Commission may want to consider adding a cost one proposed safe harbor, but urged the performed in the United States) rather threshold, such as 51% U.S. costs, to the two levels Commission to eliminate the other.59 than two, or suggested other of substantial transformation safe harbor, to guard Several other commenters stated that, modifications to this safe harbor.62 against consumer deception). 63 See, e.g., AHAM, #473 (NAFTA Preference although the Commission’s 75% U.S. Rules); IEMCA, #604 (substantial transformation); 60 # # content safe harbor is an improvement LLGMA, 464, at 2. See also FIA, 617, at 3 (a Maytag, #605 (NAFTA Preference Rules); NFPA, over the current ‘‘all or virtually all’’ product that contains more than 50% U.S. content #620 (substantial transformation); Ronda/Progress, clearly qaualifies as ‘‘substantially all’’ made in the #632 (substantial transformation); Domestic Steel standard, the Commission should lower # United States); RPFMA, 264; at 2 (70% justified by Wire Rope, #644 (substantial transformation); # the U.S. content percentage even consumer perception evidence); Converse, 363, at Speciality Cable Subcommittee, #645 (substantial further. The Luggage & Leather Goods 1 (preferring a 70% standard); Leather Specialty, transformation); National Electrical Manufacturers # 598, at 2 (supporting a 50% standard); Wolverine, Ass’n (‘‘NEA’’), #702 (substantial transformation); Manufacturers of America, for example, # 621, at 5 (supporting a majority U.S. content safe NFPA, #620, at 2 (substantial transformation); harbor or, at least no higher than 70%); AIAM, JMEA, #662, at 2–3 (standards of the World Trade 55 See, e.g., Allegiance, #653, at 1 (the ability to #650, at 1 (favoring substantial transformation Organization and U.S. Customs); see also JIG, #639 capitalize on consumer preference for ‘‘Made in standard or lowering U.S. content safe harbor at and NCITD, #638 (supporting the Proposed Guides, USA’’ products favorably influences a company’s least to 70%); Savannah, #1039 (supporting a 50% but preferring a substantial transformation decision to continue producing in the United standard). Cf. DeBon, #472, at 1, Jameslee, #627, at # # # standard); NEMA, 702 (urging substantial States); Maytag, 605; NIBCO, 738. 1, and Sacoche, #701, at 1 (all three asserting that transformation standard for industrial products). 56 # # Wolverine, 621, at 2. See also Detroit, 601; the 75% standard would be relatively difficult for 64 Toyota, #610. Imation, #643; Benrus, #633; Ronda/Progress, #632; many U.S. manufacturers to meet, but not 65 For example, one commenter requested that the NIBCO, #738. recommending a specific percentage). Commission amend the Guides to specifically 57 # 61 # Collins/Kerry/Leiberman/Snowe, 606; See, e.g., LLGMA 464, at 3–4 (the NAFTA permit manufacturers rebuilding or Moakley/Delahunt/Meehan/Kennedy/Frank/Olver, regional content net cost formula should be used to remanufacturing automotive parts in the United # # # # 671, Oxley, 955; Allegiance, 653, Belair, 602; calculate domestic content); Stanley, #647, at 6–9 States to designate their products ‘‘Made in USA’’ # # # Benrus, 633; Carter, 595; Detroit, 601; Gary’s, (the Commission should not adopt ‘‘arbitrary’’ if the products originally were used in the United # # # # 678; Gates, 649; Genfoot, 463; Hartman, 1013; percentage for U.S. content, but if it does, it should States, regardless of where the products originally # # # Imation, 643; Jurgensen, 609; Maytag, 605; New make clear that the percentage of total were manufactured. Automotive Parts Rebuilders # # # Balance, 635; NIBCO, 738; Oneida, 607; Timex, manufacturing costs relates to cost of fabrication Ass’n (‘‘APRA’’), #698, at 1–3. See also NFPA, #620, # # # # 612; Timken, 648; IMRA, 594; WIMA, 187. only); Dynacraft, #646, at 7–8 (opposes lowering the at 2 (if Proposed Guides apply to processed foods, 58 Converse, #363, #470; DeBon, #472; Jameslee, standard, but if the Commission adopts the Proposed Guides should include references to raw #627; Rhonda/Progress, #632; Sacoche, #701; Proposed Guides, the Commission should base the agricultural products and processed or Samsonite, #823; Whirlpool, #957; Wolverine, #621; percentage content standard on actual manufactured food products in cost and other JBC, #637; AHAM, #473; AIAM, #650; FDRA, #603; manufacturing costs); EIA, #641, at 2 (the definitions and include processed food product LLGMA, #464; RPFMA, #264; IEMCA, #604; JIG, percentage cost safe harbor should only look one examples); Wolverine, #621, at 6–8 (Commission #639; NCITD, #638; EIA, #641. step back in the manufacturing process); AHAM, should authorize ‘‘Made in USA’’ claims for 59 Some commenters objected to the percentage #473, at 2 (the Commission should provide the products assembled or processed in accordance content safe harbor and argued that the Commission option of using Generally Accepted Accounting with subheading 9802.00.8040, HTSUS); Carter, should only apply to two levels of substantial Principles of cost accounting as an alternative #595, at 1–2 (asking the Commission to explain how transformation safe harbor. See, e.g., JBC, #637, at method for calculating percentage content). it will treat certain qualified claims under the 1 (percentage content rules can be ‘‘consciously 62 See, e.g., NCITD, #638, at 2 (favoring the use Proposed Guides, e.g., when a qualified claim manipulated, affected by exchange rates, and of the NAFTA marking rules for single substantial indicates that some or all of the parts are of U.S. otherwise made administratively impossible to transformation as the second safe harbor, rather origin, do those parts have to meet the standard for enforce.’’); JIG, #639; AIAM, #650. In contract, two than requiring two levels of substantial an unqualified ‘‘Made in USA’’ claim?). commenters supported the percentage content safe transformation); Stanley, #647, at 9–11 (favoring 66 Two commenters asked the Commission to harbor, but not the two levels of substantial only one level of substantial transformation for apply the Proposed Guides only to consumer goods, transformation safe harbor. MUSA Foundation, products involving processes other than assembly); not to industrial products, arguing that industrial #730, at 2 (the two levels of substantial 3M, #700, at 1–2 (arguing that two levels of products are produced to the specifications transformation safe harbor ‘‘opens up a very wide substantial transformation creates too great an (including country of origin) of a sophisticated loophole’’); Central Tools, #629. administrative cost for U.S. corporations); EIA, Continued 63762 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

D. Commenters’ Discussion of Other parts.’’ 68 These commenters favored A number of commenters supporting Issues permitting an unqualified ‘‘Assembled the option of using an ‘‘Origin: USA’’ in USA’’ claim where a ‘‘Made in USA’’ label argued that such a claim would Several commenters discussed claim would be inappropriate. 69 benefit manufacturers who export U.S. additional issues raised in the Federal In addition, three of these products, as well as consumers, for Register notice soliciting comments on commenters addressed the example, by eliminating the need to the Proposed Guides. These issues circumstances under which they separately label domestic and exported included whether the Commission believed an ‘‘Assembled in USA’’ claim products and to maintain packaging should treat unqualified ‘‘Assembled in should be permitted. Two commenters USA’’ claims the same as unqualified plants in foreign countries for the sole favored authorizing the use of purpose of meeting conflicting country- ‘‘Made in USA’’ claims, whether the unqualified ‘‘Assembled in USA’’ of-origin labeling standards; 73 by Commission should recognize a separate claims for products that have been last encouraging U.S. manufacturers to ‘‘Origin: USA’’ claim in limited substantially transformed in the United instances for domestically-sold products States.70 Another commenter supported manufacture and sell more U.S. that also are exported for sale, and requiring at least 50% U.S. content to products if they can export the products whether the Commission should ensure more than minimal or simple for sale in foreign markets without the eliminate its traditional presumption assembly operations; even at that level, added costs associated with the that products that do not bear any however, the commenter recommended Commission’s historic restrictions on country-of-origin marking are requiring that the claim be qualified to U.S. origin statements; 74 and by understood by consumers to be made in disclose whether foreign components reducing the price of consumer goods the United States. These comments are were used.71 sold in the United States, because of the discussed below. cost savings to U.S. manufacturers.75 At 2. ‘‘Origin: USA’’ Claims least one commenter who supported the 1. ‘‘Assembled in USA’’ Claims In the Proposed Guides, the use of the lesser mark asserted that In the Federal Register notice Commission proposed allowing additional disclosure requirements for announcing the Proposed Guides, the marketers to use a ‘‘lesser mark’’— consumer goods sold in the United Commission solicited comment on ‘‘Origin: USA’’—in certain, limited States would not be necessary to whether a product that does not meet circumstances. Such a mark would have prevent consumer deception.76 Another the standard for unqualified U.S. origin allowed manufacturers to uniformly commenter suggested alternative lesser claims should nonetheless be permitted label products for sale in both the marks to avoid the burden and expense to be labeled or advertised as United States and abroad, when a of additional labeling for U.S. sales ‘‘Assembled in USA’’ without further foreign country may require that a while providing additional information qualification; and if so, under what product exported from the United States to U.S. consumers.77 circumstances, i.e., what processing be marked with an indication of U.S. origin, while that same product would On the other hand, other commenters should it undergo in the United States argued that whatever benefits an to support the unqualified claim. Five not be permitted to bear an unqualified U.S. origin claim when sold in the ‘‘Origin: USA’’ mark would provide commenters contended that the claim would not justify the potential should be interpreted similarly to an United States. Use of the lesser mark would have been subject to certain confusion caused by the lesser mark, as unqualified ‘‘Made in USA’’ claim, and consumers were likely to confuse must therefore be qualified (e.g., restrictions, including that consumer products sold in the United States ‘‘Origin: USA’’ labels with ‘‘Made in ‘‘Assembled in USA from imported USA’’ labels.78 Even the additional parts’’) if it does not meet the standard would have to include, in some manner, an additional disclosure of the existence disclosures required on consumer goods for unqualified ‘‘Made in USA’’ claims. of any substantial foreign content. The sold in the United States, some of these According to these commenters, commenters addressing this issue were commenters stated, would not be consumers understand ‘‘Assembled in evenly divided as to whether marketers sufficient to prevent consumer USA’’ to mean the same thing as ‘‘Made should be allowed to use a ‘‘lesser deception or might even increase in USA.’’ 67 Two commenters, on the mark’’ or specific claim such as ‘‘Origin: other hand, contended that consumers # # USA.’’ 72 4; Timex, 612, at 1, 5–6; NFPA, 620, at 3–4; perceive the two claims differently. The American Hand Tool, #622, at 29–31; Timken, #648, at 4–5; Gates, #649, at 3–4; Wright, #262, at 2. coalition of state Attorneys General, for 68 # AGs, 462, at 5. 73 JBC, #637, at 3–4; JIG, #639, at 4 (cost of example, suggested that ‘‘while the term 69 # Id., 462, at 4–5 (treating terms differently maintaining separate packaging facilities in foreign ‘make’ connotes a process of creation would allow manufacturers to market their markets for sole purpose of complying with the term ‘assemble’ is generally products effectively, using easily understood conflicting country-of-origin markings and understood to mean the final process of unqualified claims that would not sacrifice truth in Commission’s ‘‘all or virtually all’’ standard for U.S. advertising); AIAM, #650, at 1–2, 5–6. See also fitting or joining together pre-existing # origin claims adds 10% to 30% per product; cost Toyota, 610, at 6–7 (if Commission concludes that of special labels and/or relabeling U.S. product in a bright line test is necessary for ‘‘Made in USA’’ United States for export adds 10% to 15% per # # claims, it should allow ‘‘assembled in’’ or ‘‘built in’’ customer. JIG, 639; NEMA, 702. But see Kern, product); NEMA, #702, at 2–3. # claims based only on substantial transformation). 739, at 2 (the ‘‘ ‘creative’ use of the ‘Made in the 74 JIG, #639, at 4. USA’ designation has caused considerable 70 AGs, #462, at 6; Toyota, #610, at 6–7. 75 Id., #639, at 6. confusion in my [tool] company’s local and national 71 Gates, #649, at 2–3. 76 JBC, #637, at 3–4. marketplace of normally well informed industrial 72 Seven commenters supported use of a ‘‘lesser 77 # customers and has had a negative financial impact mark.’’ LLGMA, #464, at 4; IMRA, #594, at 4–5 FIA, 617, at 8–9 (suggesting lesser mark on my company and its employees’’). (strongly supports as a short-term solution until ‘‘Origin: USA (for export)’’ to allow manufacturers 67 See Gates, #649, at 2–3 (‘‘Assembled in USA’’ WTO adopts origin-marking requirements; the to avoid burden and expense of additional labeling claim should identify country of origin of major Commission should prohibit use of the ‘‘Origin: while alerting consumers that the article is labeled component parts); Timken, #648, at 3–4 (because of USA’’ claim in advertising, because the issue faced for export; alternatively, lesser mark ‘‘Origin: USA similarity between ‘‘Made’’ and ‘‘Assembled’’ and by exporters is purely a labeling issue, and could (with non-U.S. content)’’ to provide U.S. consumers the importance of assembly to respondents in be abused in advertising); FIA, #617, at 8–9; with relevant information while eliminating Commission’s survey, unqualified ‘‘Assembled in Wolverine, #621, at 8; JBC, #637, at 3–4; JIG, #639, additional labeling requirements). USA’’ mark is inappropriate); IMRA, #594; FDRA, at 4; NEMA, #702, at 1–3. Seven commenters 78 See, e.g., Timken, #648; American Hand Tool, #603; Timex, #612. opposed the use of such a mark. FDRA, #603, at 2– #622; Gates. #649; Timex, #612. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63763 consumer confusion.79 Some 3. Rebuttable Presumption for Commission that the presumption commenters also asserted that a lesser Unmarked Products should be eliminated, and, indeed, mark is unnecessary,80 arguing that if a As explained in the prior Federal urged the Commission to go further and foreign country’s marking rules require Register notice, the Commission has clearly indicate that an unmarked good, the origin of a product to be ‘‘USA,’’ historically employed a rebuttable in and of itself, would not be considered then the manufacturer can identify the presumption that goods not labeled with deceptive simply for the fact of being 87 United States as the assembly point and any country of origin are understood by unmarked. further qualify the origin, e.g., consumers to be made in the United III. Analysis ‘‘Assembled in USA from Components States. As a result, the Commission Section 5 of the Federal Trade of U.S. and Foreign Origin,’’ or apply required that foreign origin be disclosed Commission Act, 15 U.S.C. 45, separate labels or marks, depending if unmarked goods contained a proscribes ‘‘unfair or deceptive acts or upon the destination of the goods.81 In significant amount of foreign content. Based on the facts that manufacturing practices’’ in or affecting commerce. An addition, one commenter who advertisement, label or other supported a substantial transformation and the sourcing of components have become increasingly global in nature promotional material will be found to be standard for unqualified ‘‘Made in deceptive if it contains a representation USA’’ claims found the alternative of and that consumers appear to be increasingly aware that goods they buy or omission that is likely to mislead using an ‘‘Origin: USA’’ claim to be consumers acting reasonably and that inadequate. This commenter contended are produced throughout the world, the Commission announced in the Federal representation or omission is material. that the lesser mark would provide little In applying the principles of Section 5 or no benefit because the additional Register notice that it no longer was appropriate to presume that reasonable and the Commission’s traditional disclosure requirements for U.S. sales of consumers will interpret the absence of deception analysis to U.S. origin claims, consumer products would create a dual the Commission has, throughout its 82 a foreign country-of-origin mark, by marking requirement. Last, even some itself, as a representation that the review, focused first and foremost on commenters supporting use of a lesser consumers’ understanding of such product was made in the United States. 88 mark were unsure whether the lesser The Commission, therefore, determined claims. mark ‘‘Origin: USA’’ would be an to cease using this presumption, but The considerable evidence available acceptable marking to foreign customs instead explained that it would require to the Commission concerning officials.83 disclosure of foreign origin on consumer understanding of ‘‘Made in unmarked goods only if there is some USA’’ claims was discussed at length in 79 FDRA, #603, at 2–3 (‘‘Origin: USA’’ label likely evidence that, with respect to the the Commission’s May 7, 1997 Federal would prove deceptive even if appropriate particular type of product at issue, a Register notice. As explained in that qualifying language appears on a hangtag or significant minority of consumers views notice, the Commission itself, as part of packaging because consumers would not locate or its overall review of U.S. origin claims, # country of origin as material and read the qualifying language); Timex, 612, at 5 commissioned a two-part study in 1995 (consumer likely would decide to purchase a watch believes that the goods in question, without seeing package containing additional when unlabeled, are domestic.84 (referred to as the ‘‘1995 Copy Test’’ and disclosures because watches are frequently Although the Commission did not ‘‘1995 Attitude Survey,’’ respectively) to displayed without packaging, and packaging specifically solicit comments on this look at consumer perception of such products are pulled from a cabinet or shelf once the 89 determination,85 four commenters claims. In addition, the Commission consumer has made purchasing decision); had previously conducted a more American Hand Tool, #622, at 29 (strongly opposed submitted their views concerning the the ‘‘Origin: USA’’ label); Gates, #649, at 4 (the current need for the presumption. Three limited study of these issues in 1991 as meaning of a lesser mark, even where qualified by commenters urged the Commission not part of a subsequently closed 90 the phrase ‘‘substantial foreign content,’’ would be to eliminate the presumption, arguing, investigation (‘‘1991 Copy Test’’). The uncertain to consumers). among other reasons, that it was results of these studies indicated that 80 Wright, #262, at 2 (marking is the last or near appropriate for the producer of an many consumers expected that a to last operation performed; it is practical to run product advertised or labeled as ‘‘Made large lots and carry most inventory in an unmarked unmarked product to have the burden of condition, involving only a relatively small cost proving that the lack of a country-of- in USA’’ had a high amount of U.S. penalty); American Hand Tool, #622, at 29–31 (little origin indication was not deceptive.86 content, but that a significant number of need for lesser mark; Commission found little The other commenter agreed with the these were willing to accept a product evidence that companies routinely face conflicting with at least some foreign content and labeling requirements or that ‘‘Made in USA’’ claim causes such conflicts); Gates, #649. 84 62 FR at 25047. that, as a result, there was a range of 81 Gates, #649, at 3–4. See also Timex, #612, at 5 85 The Commission’s determination on this point values at which most consumers would (a qualified marking such as ‘‘Assembled in USA; was not part of the Proposed Guides, but was find a ‘‘Made in USA’’ claim Philippines movement’’ for watches would satisfy included in the Federal Register notice appropriate. In addition, the studies the marking requirements of almost every other accompanying the Guides because it addressed a related topic that had been raised at the public suggested that many consumers country—most of which identify the place of origin appeared to have only a general sense of of a watch as the place of final assembly; this workshop. 86 # # qualified claim would therefore resolve—for Timken, 648, at 5–6; Gates, 649, at 4 (also what ‘‘Made in USA’’ means and did watches—the concerns that prompted the asserting that the presumption is a valuable remedy not necessarily have in mind a highly Commission to consider an ‘‘Origin: USA’’ to counter the incentive for foreign producers to import unmarked products, e.g., the producers of marking). 87 # automotive belts, who may have the incentive to IMRA, 594, at 5–6. 82 NFPA, #620, at 4 (economic burden of sticker 88 import unmarked belts contrary to antidumping To the extent they are not inconsistent with labeling or hangtags similar to creation of additional duty orders and U.S. Customs marking regulations). consumer understanding, other considerations, labeling inventory, and handling requirements See also Oneida, #607, at 1–2 (arguing that the such as the compliance burdens placed on might be even more burdensome). presumption is particular necessary in catalog sales businesses, have been considered by the 83 See, e.g., NEMA, #702, at 2 (a number of where the consumer cannot inspect the item prior Commission as part of its general obligation to act countries have indicated either that they would not to purchase, and expressing its concern that in the public interest. accept an ‘‘Origin: USA’’ mark or that they are not without the presumption, attempting to show that 89 This study is available as Document No. sure); JIG, #639, at 5 (‘‘Origin: USA’’ likely would a significant minority of consumers believes an B212883 on the Commission’s public record. not be acceptable to customs officials in at least unmarked product is domestic would be 90 Document No. B213001 on the Commission’s Australia, New Zealand, and Canada). unworkable). public record. 63764 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices detailed conception of what it meant for about what the claim meant, 63.5% said in USA’’ labels connote a high amount a product to be ‘‘Made in USA.’’ simply that the claim meant ‘‘Made in of U.S. content, as well as that many of In the 1995 Attitude Survey, USA.’’ 92 Moreover, when asked these consumers do not have a detailed participants were presented with a specifically whether the claim suggested conception of what it means for a series of scenarios and asked whether or implied anything about where the product to be ‘‘Made in USA.’’ they agreed or disagreed with a ‘‘Made product was assembled, only 49% said Moreover, the evidence suggests that no in USA’’ label on a product in those that it did (almost all of whom said it single standard is likely to correspond circumstances. In the scenarios, the meant the product was assembled in the to the views of all consumers, and that percentage of the product’s cost that was United States); only 28% of those asked there is a range of points along the U.S. in origin varied from 10% to 90%; about an unqualified ‘‘Made in USA’’ spectrum that would likely satisfy a in addition, participants were either claim said it suggested or implied significant majority of consumers. Based told that the product was assembled in anything about where the parts were on this evidence, the Commission the United States, told that it was made; and only 11% said it implied initially proposed a ‘‘substantially all’’ assembled abroad, or not told the site of anything about how much of the parts standard. Although this was not the assembly. The Attitude Survey were made in the United States. Indeed, only possible standard consistent with indicated that a ‘‘Made in USA’’ label a total of 34% of respondents stated that the data, it was, the Commission would likely be misleading to most a ‘‘Made in USA’’ claim did not suggest believed, a high threshold for ‘‘Made in consumers when a product contained or imply anything about any of these USA’’ claims that would at the same 50% or less U.S. content or was factors—assembly, parts, or how much time provide some flexibility to U.S. assembled abroad. However, where a of the total cost of the product was manufacturers operating in an product was assembled in the United incurred in the United States. This increasingly global economy. Moreover, States, a significant majority of suggests that many consumers may not although nominally less stringent than consumers agreed that a ‘‘Made in USA’’ have in mind a highly developed the existing standard, the proposed claim would be appropriate if the definition of ‘‘Made in USA’’; in any ‘‘substantially all’’ standard and the product contained either 70% U.S. event, the data are not definitive. In associated guides provided strict content (67% of respondents) or 90% addition, the available consumer constraints with respect to the sort of U.S. content (75% of respondents), perception evidence suggests that, to the details that the consumer perception suggesting that there is a range of extent that consumers do define Made studies were unable to address but that standards likely to be considered in USA, they may do so in a variety of can have a great deal of practical effect acceptable and nonmisleading by most different ways. For example, in each of in determining whether a product can consumers. the Commission-sponsored surveys, meet the standard for ‘‘Made in USA’’ As in the 1995 Attitude Survey, in the there is evidence, albeit inconclusive, of claims (however that standard is 1991 Copy Test, the Commission had a minority of consumers who, rather denominated)—e.g., how far back in the also found evidence that many than expecting a high amount of both manufacturing process marketers were consumers expected a product called U.S. parts and labor, view ‘‘Made in required to look, or what sorts of costs ‘‘Made in USA’’ to have a high amount USA’’ claims as referring only to where should be included in the calculation of of U.S. content. In that study, of the a product was put together. Thus, 28.5% U.S. content. participants who were asked ‘‘when you of respondents to the 1995 Copy Test Nonetheless, the record currently see the phrase ‘Made in USA’ on a answered that ‘‘Made in USA’’ implied before the Commission does not support product or in an ad, how much of the that a product was assembled in the adoption of the ‘‘substantially all’’ product was made in the United United States but that it did not imply standard and the accompanying guides States?’’ approximately 77% said that that a product’s parts were necessarily proposed in May. The vast majority of all or almost all of the product so U.S. made; 20% of respondents in the those commenting, including, labeled was made in the United States. 1995 Attitude Survey agreed that a significantly, a large number of Nonetheless, the answers to a follow-up ‘‘Made in USA’’ label would be individual consumers as well as a question attenuated this result appropriate for a product that was number of U.S. manufacturers, opposed somewhat. When asked whether they assembled in the United States but the proposed standard, perceiving it, meant parts or labor or both parts and whose costs were only 10% U.S.; and contrary to the Commission’s intent, as labor, only 77% of the respondents 14% of those asked in the 1991 copy significantly weakening the standard for (82% of those who answered ‘‘all or test indicated that ‘‘Made in USA’’ ‘‘Made in USA’’ claims. The almost all’’) said both parts and labor, referred only to labor, not parts. submissions of these commenters while 14% said labor only, and 9% said The Commission has thus been suggest that the Commission may have only parts.91 presented with evidence that suggests underestimated the benefits such The 1995 Copy Test attempted to that many consumers expect that ‘‘Made individuals or corporations derive from explore further issues of what 92 the current standard and the costs they consumers included in their definitions During the Commission’s earlier comment period on this matter, a number of commenters believe they will incur if the standard is of Made in USA, but the results were suggested that the fact that many consumers said changed. An overwhelming number of less than definitive. For example, in the that ‘‘Made in USA’’ means ‘‘Made in USA’’ consumers told the Commission, 1995 FTC Copy Test, when respondents showed that consumers understood ‘‘Made in USA’’ through written comments, telephone were shown a ‘‘Made in USA’’ claim claims as referring only to where a product ‘‘came into being,’’ i.e., where it underwent its final calls, and petitions, that they prefer and asked an open-ended question assembly or processing. See 62 FR at 25037. By buying U.S.-made goods; they want to contrast, in response to the Commission’s May 91 There was no attempt in this survey to notice, some commenters suggested that the be able to rely on a simple and clear breakdown these categories further—i.e., to look at response that ‘‘Made in USA’’ means ‘‘Made in standard; and, they feel very strongly whether the respondents who said that ‘‘Made in USA’’ showed that consumers expected a product that the current standard should be USA’’ referred to parts also thought that it referred labeled ‘‘Made in USA’’ to be 100% ‘‘Made in retained. The comments also underscore to the materials that went into those parts; or USA.’’ The Commission continues to believe, whether those who said ‘‘Made in USA’’ referred to however, that there is inadequate evidence upon the fact, noted as well in the labor meant only final assembly labor or also any which to infer either meaning from this tautological Commission’s May Federal Register labor that went into making the parts. definition. notice, that consumer awareness of the Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63765 globalization of the economy has not States; and guidance on using qualified Commission will consider what portion necessarily changed consumers’ beliefs claims where a product does not meet of the total cost of manufacturing the about those products actually labeled the ‘‘all or virtually all’’ standard. The product is attributable to U.S. parts and ‘‘Made in USA.’’ Thus, the Commission Enforcement Policy Statement is processing. Obviously, the greater the concludes that the better course, and intended to be self-explanatory; percentage of U.S. costs, the more likely one equally consistent with the nonetheless, a few matters that may be the product will be considered all or consumer perception evidence, is to of particular interest are highlighted virtually all made in the United States. retain and continue to enforce the below. As discussed above, there were a great Commission’s traditional all or virtually Substantiating U.S. Origin Claims: many commenters who criticized the all standard. The All or Virtually All Standard. The 75% safe harbor put forth as part of the Enforcement Policy Statement sets forth Commission’s earlier proposal as overly IV. Enforcement Policy Statement the requirement that where a product is lax and likely to deceive many The ‘‘all or virtually all’’ standard— labeled or advertised as ‘‘Made in consumers, and the Commission agrees and its earlier equivalent, the ‘‘wholly USA,’’ the marketer should possess and that the record as a whole does not domestic’’ standard—was developed rely upon a reasonable basis that the support adoption of such a safe harbor. through case law and advisory opinions product is all, or virtually all, made in The Commission, however, believes that were largely limited to discussions the United States. A product that is ‘‘all that, as a matter of enforcement policy, of single products, and the standard has or virtually all’’ made in the United it is appropriate to allow for some small never been more generally defined. States is described typically as one in but reasonable amount of tolerance in Indeed, throughout this review process, which all significant parts and enforcing the ‘‘all or virtually all’’ commenters, particularly those processing that go into the product are standard. Some commenters have called businesses that must comply with the of U.S. origin, i.e., where there is only for the Commission to define this requirements for ‘‘Made in USA’’ a de minimis, or negligible, amount of tolerance level with a bright line claims, have entreated the Commission foreign content. In order to provide percentage standard so as to provide to provide more guidance on what this further guidance, the Enforcement greater certainty to marketers. standard (or any other standard the Policy Statement discusses three factors Nonetheless, the Commission has Commission were to adopt) requires. that the Commission will likely concluded that any such certainty is For that reason, the Commission in consider in evaluating whether a likely to be illusory and no single retaining the ‘‘all or virtually all’’ product is all or virtually all made in percentage standard will be appropriate standard, is at the same time issuing an the United States: whether the final for all products in all circumstances.93 Enforcement Policy Statement on U.S. assembly or processing of the product Instead, the Commission will look at Origin Claims. The Enforcement Policy took place in the United States; the U.S. manufacturing costs in the context Statement sets forth the general portion of the total manufacturing cost of the other factors outlined here and in principles to which the Commission of the product that is attributable to U.S. light of the nature of the product and will adhere in enforcing the requirement parts and processing; and how far consumers’ expectations. In general, the that goods promoted as ‘‘Made in USA’’ removed from the finished product any Commission concludes that it will not must be all or virtually all made in the foreign content is. be in the public interest to bring a law United States. The Enforcement Policy There was widespread agreement enforcement action where the Statement is intended to give general among commenters who addressed the proportion of U.S. costs of the product guidance on making and substantiating issue (both in response to the May 7, is extremely high. U.S. origin claims. It is not designed, 1997 Federal Register notice and to the Finally, the Enforcement Policy however, to answer all questions that Commission’s earlier requests for public Statement indicates that, in evaluating may arise on this topic. Given the comment), whatever standard they whether any foreign content is complex and varied factual scenarios otherwise supported, that a product significant enough to prevent a product that present themselves in this area, and should have to undergo its final from being considered all or virtually all the wide range of products for which processing in the United States in order made in the United States, the U.S. origin claims may be made, there to be called ‘‘Made in USA.’’ This view Commission will also examine how far are necessarily issues that will continue is confirmed by the consumer removed the foreign content is from the to be more appropriately resolved on a perception evidence, which indicates finished product. In other words, case-by-case basis. that the country of final assembly is foreign parts or materials that are The Enforcement Policy Statement highly significant to consumers in incorporated several steps back in the addresses a range of basic issues related evaluating where a product is ‘‘made.’’ manufacturing process are generally less to U.S. origin claims. It includes Accordingly, the Enforcement Policy introductory information on the scope Statement indicates that a product 93 For example, in some cases, the percentage of of the products and claims to which the promoted as ‘‘Made in USA’’ must have manufacturing costs attributable to foreign parts Statement applies and of the respective and process may not reflect the true extent of undergone its final assembly or foreign content. Where only a small amount of responsibilities of the FTC and the U.S. processing in the United States; in domestic processing takes place and the bulk of the Customs Service in regulating country- particular, the product must, at work on the product is performed abroad, or a of-origin claims; an explanation of the minimum, have been last substantially significant component is manufactured abroad, it may be possible that, because of lower costs for Commission’s authority to act against transformed in the United States (this foreign parts and labor, foreign costs may be deceptive practices and how the also ensures that no product required to disproportionately low relative to the amount of Commission is likely to interpret be labeled with a foreign country-of- foreign production. Similarly, as the American express and implied U.S. origin claims; origin under the Customs Service’s rules Hand Tool Coalition noted, a product made with inputs from a high-cost country (such as Germany) a discussion of unqualified U.S. origin would be permitted to make a ‘‘Made in will reflect a higher degree of foreign content (in claims and the factors that the USA’’ claim). terms of cost) than would a product made with Commission will consider in The Enforcement Policy Statement identical inputs supplied from a low-cost country determining whether such a claim is also indicates that, in determining (such as China). In such circumstances, it may be preferable to look more generally at the significance substantiated, i.e., whether a product is whether a product is appropriately of the foreign inputs rather than evaluate their ‘‘all or virtually all’’ made in the United represented to be ‘‘Made in USA,’’ the extent entirely in terms of cost. 63766 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices likely to be significant than are parts or the raw material is indigenous (and V. Issues Not Addressed by the materials that are immediate inputs into available in commercial quantities) in Enforcement Policy Statement the final product. the United States. Many commenters implicitly A. Origin: USA Qualified U.S. Origin Claims and recognized this point. The Attorneys As explained above, in the Proposed General, for example, suggested that raw ‘‘Assembled in USA’’. Few commenters Guides, the Commission sought materials be excluded from the directly addressed the use of qualified comment on the use of a separate calculation of foreign content, U.S. origin claims, although those that ‘‘lesser mark’’ for products that faced suggesting that ‘‘a company that designs did commented favorably, suggesting conflicting marking requirements when and manufacturers a plastic product that qualified claims can provide sold domestically and exported. Several entirely within the U.S.A. but uses valuable information to consumers.97 commenters praised the proposal as petroleum from a foreign county, could The Commission has always permitted likely to save U.S. businesses, and fairly claim that the product was made marketers to use appropriately qualified consumers, money while others in the U.S.A. with no foreign claims where their products would not contended that such a mark was component parts.’’ 94 Some other meet the standard for an unqualified unnecessary and likely to confuse supporters of the ‘‘all or virtually all’’ ‘‘Made in USA’’ claim, and that consumers. Upon reviewing the record, standard, even those who supported continues to be the case. The the Commission finds that, at the including all basic materials in the Enforcement Policy Statement addresses present time, there is inadequate analysis, also appeared to acknowledge various types of qualified claims, evidence of the extent of both the that there should be limits as to how far including claims about the U.S. origin of problems purportedly caused by back a manufacturer must go in specific processes or parts and conflicting labeling requirements (e.g., accounting for foreign materials. For comparative U.S. origin claims, and to what extent conflicting marking example, a number of commenters, indicates that all such claims must be requirements actually occur, how arguing that steel must be included in truthful and substantiated and that frequently multiple labeling is actually the evaluation of a product’s origin, did required) as well as of the degree to qualifications and disclosures should be not also suggest that a manufacturer which a lesser mark such as ‘‘Origin: clear, prominent and understandable. should be required to go as far back as USA’’ is likely to alleviate these Comparative U.S. origin claims may be the iron ore used in the steel.95 On the problems (e.g., whether relabeling other hand, commenters also recognized a particularly useful vehicle for those would have been required in any event that raw materials can sometimes be manufacturers who wish to draw a because of language differences, relevant to the determination as to distinction between the domestic whether foreign customs services will whether a product is all or virtually all content of their products and those of accept this mark). As a result, the made in the United States, especially competitors who engage in less Commission has concluded that the when the raw materials are only one domestic manufacturing or use fewer benefits to be gained through step back from the finished product and U.S. made parts. establishment of this mark are as yet too are integral components of that article. As discussed above, the Commission speculative to outweigh the more For example, the Tile Council of specifically solicited comment in its obvious costs in potential confusion America, arguing that the Commission May 7, 1997 Federal Register notice on between such a mark and ‘‘Made in must include raw materials in the one particular alternative claim, USA.’’ Accordingly, the Commission evaluation of whether a product is made ‘‘Assembled in USA.’’ The Commission has not adopted ‘‘Origin: USA’’ (or any in the United States, stated that ‘‘the asked for comment on whether a other lesser mark) in the Enforcement quality and reliability benefits of tile product that does not meet the standard Policy Statement. ‘Made in the USA’ are the result of both for an unqualified U.S. origin claims B. Goods With No Country-of-Origin the domestic sourcing of raw materials should nonetheless be permitted to be Marking and the domestic manufacturing promoted as ‘‘Assembled in USA,’’ and, process. Tile manufactured in the In the May 7, 1997 Federal Register, United States of clay dug in Mexico if so, under what circumstances. Upon the Commission indicated that it would ** * clearly [does] not meet the ‘Made review of the responses and further no longer employ its historical rebuttal in USA’ expectations of U.S. reflection, the Commission has presumption that unmarked goods will consumers.’’ 96 concluded that ‘‘assembled’’ has a be understood by reasonable consumers Thus, the Enforcement Policy common meaning sufficiently distinct to have been made in the United States, Statement indicates that raw materials, from ‘‘made’’ so that in many instances but instead would look at an array of per se, will be neither automatically it will be appropriate for marketers to factors on a case-by-case basis. Although included nor excluded from the promote a product as ‘‘Assembled in a few commenters disagreed with this Commission’s evaluation of whether a USA’’ without further qualification.98 change in policy, the Commission product is all or virtually all made in Specifically, the Enforcement Policy continues to believe that this course is the United States. Instead, here, too, the Statement states that such a claim may appropriate and more in keeping with Commission’s analysis will depend on be used where a product has undergone the Commission’s traditional deception the percentage of the cost of the product its principal assembly in the United analysis that is widely applied to other the raw materials constitute and how far States and that assembly is substantial; representations and omissions. removed from the finished product the it also indicates that a product should raw materials are, and, because, some ENFORCEMENT POLICY STATEMENT have been last substantially transformed ON U.S. ORIGIN CLAIMS raw materials are naturally in the United States if it is to be labeled nonoccurring in this country, whether or advertised as ‘‘Assembled in USA.’’ I. Introduction

94 AGs, #462, Attachment at 10. The Federal Trade Commission 95 See, e.g., Weldbend, #597; Vaughan & Bushnell, 97 See, e.g., American Hand Tool, #622; Traficant, (‘‘FTC’’ or ‘‘Commission’’) is issuing this #616; American Iron & Steel Institute, #636. #231 Visclosky, #236; NCL, #640; Matco, #600. statement to provide guidance regarding 96 TCA, #618, p. 3. 98 AGs, #462, at 4–5. its enforcement policy with respect to Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63767 the use of ‘‘Made in USA’’ and other about the U.S. origin of passenger motor States be labeled with ‘‘Made in USA’’ U.S. origin claims in advertising and vehicles other than those or any other indication of U.S. origin.104 labeling. The Commission has representations required by the The fact that a product is not required determined, as explained below, that American Automobile Labeling Act, to be marked with a foreign country of unqualified U.S. origin claims should be however, will be governed by the origin does not mean that it is substantiated by evidence that the principles set forth in this statement. permissible to promote that product as product is all or virtually all made in ‘‘Made in USA.’’ The FTC will consider the United States. This statement is II. Background additional factors, beyond those intended to elaborate on principles set Both the FTC and the U.S. Customs considered by the Customs Service in out in individual cases and advisory Service have responsibilities related to determining whether a product is of opinions previously issued over the the use of country-of-origin claims. foreign origin, in determining whether a course of many years by the While the FTC regulates claims of U.S. product may properly be represented as Commission. This statement, origin under its general authority to act ‘‘Made in USA.’’ furthermore, is the culmination of a against deceptive acts and practices, This statement is intended to address comprehensive process in which the foreign-origin markings on products only those issues related to U.S. origin Commission has reviewed its standard (e.g., ‘‘Made in Japan’’) are regulated claims. In developing appropriate for evaluating U.S. origin claims. primarily by the U.S. Customs Service country-of-origin labeling for their Throughout this process, the (‘‘Customs’’ or ‘‘the Customs Service’’) products, marketers are urged also to Commission has solicited, and received, under the Tariff Act of 1930. consult the U.S. Customs Service’s substantial public input on relevant Specifically, Section 304 of the Tariff marking regulations. issues. The Commission anticipates that Act, 19 U.S.C. 1304, administered by the III. Interpreting U.S. Origin Claims: The from time to time, it may be in the Secretary of the Treasury and the FTC’s Deception Analysis public interest to solicit further public Customs Service, requires that all comment on these issues and to assess products of foreign origin imported into The Commission’s authority to whether the views expressed in this the United States be marked with the regulate U.S. origin claims derives from statement continue to be appropriate name of a foreign country of origin. Section 5 of the Federal Trade and reflect consumer perception and Where an imported product Commission Act (‘‘FTC Act’’), 15 U.S.C. opinion, and to determine whether there incorporates materials and/or 45, which prohibits ‘‘unfair or deceptive are areas on which the Commission processing from more than one country, acts or practices.’’ The Commission has could provide additional guidance. Customs considers the country of origin set forth its interpretations of its Section The principles set forth in this to be the last country in which a 5 authority in its Deception Policy enforcement policy statement apply to ‘‘substantial transformation’’ took place. Statement,105 and its Policy Statement U.S. origin claims included in labeling, A substantial transformation is a Regarding Advertising Substantiation advertising, other promotional manufacturing or other process that Doctrine.106 As set out in the Deception materials, and all other forms of results in a new and different article of Policy Statement, the Commission will marketing, including marketing through commerce, having a new name, find an advertisement or label deceptive digital or electronic means such as the character and use that is different from under Section 5, and therefore unlawful, Internet or electronic mail. The that which existed prior to the if it contains a representation or statement, moreover, articulates the processing. Country-of-origin omission of fact that is likely to mislead Commission’s enforcement policy with determinations using the substantial consumers acting reasonably under the respect to U.S. origin claims for all transformation test are made on a case- circumstances, and that representation products advertised or sold in the by-case basis through administrative or omission is material. In addition, United States, with the exception of determinations by the Customs objective claims carry with them the those products specifically subject to Service.103 implication that they are supported by the country-of-origin labeling The FTC also has jurisdiction over valid evidence. It is deceptive, therefore, requirements of the Textile Fiber foreign origin claims in packaging to make a claim unless, at the time the Products Identification Act,99 the Wool insofar as they go beyond the claim is made, the marketer possesses Products Labeling Act,100 or the Fur disclosures required by the Customs and relies upon a reasonable basis Products Labeling Act.101 With respect Service (e.g., claims that supplement a substantiating the claim. Thus, a ‘‘Made to automobiles or other passenger motor required foreign origin marking, so as to in USA’’ claim, like any other objective vehicles, nothing in this enforcement represent where additional processing advertising claim, must be truthful and policy statement is intended to affect or or finishing of a product occurred). In substantiated. alter a marketer’s obligation to comply addition, the Commission has A representation may be made by with the requirements of the American jurisdiction over foreign-origin claims in either express or implied claims. ‘‘Made Automobile Labeling Act 102 or advertising, which the U.S. Customs in USA’’ and ‘‘Our products are regulations issued pursuant thereto, and Service does not regulate. American made’’ would be examples of any representation required by that Act Where Customs determines that a express U.S. origin claims. In to appear on automobile labeling will good is not of foreign origin (i.e., the not be considered a deceptive act or good undergoes its last substantial 104 For a limited number of goods, such as textile, practice for purposes of this wool, and fur products, there are, however, transformation in the United States), statutory requirements that the U.S. processing or enforcement policy statement, there is generally no requirement that it manufacturing that occurred be disclosed. See, e.g., regardless of whether the representation be marked with any country of origin. Textile Fiber Products Identification Act, 15 U.S.C. appears in labeling, advertising or in For most goods, neither the Customs 70(b). other promotional material. Claims Service nor the FTC requires that goods 105 Letter from the Commission to the Honorable John D. Dingell, Chairman, Committee on Energy made partially or wholly in the United and Commerce, U.S. House of Representatives (Oct. 99 15 U.S.C. 70. 14, 1983); reprinted in Cliffdale Associates, Inc., 100 15 U.S.C. 68. 103 For goods from NAFTA countries, 103 F.T.C. 110, appendix (1984). 101 15 U.S.C. 69. determinations are codified in ‘‘tariff shift’’ 106 49 FR 30,999 (1984); reprinted in Thompson 102 49 U.S.C. 32304. regulations. 19 CFR 102. Medical Co., 104 F.T.C. 648, appendix (1984). 63768 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices identifying implied claims, the that a product is ‘‘Made in USA,’’ it A. Site of Final Assembly or Processing Commission focuses on the overall net should, at the time the representation is The consumer perception evidence impression of an advertisement, label, made, possess and rely upon a available to the Commission indicates or other promotional material. This reasonable basis that the product is in that the country in which a product is requires an examination of both the fact all or virtually all made in the put together or completed is highly representation and the overall context, United States.110, 111 including the juxtaposition of phrases significant to consumers in evaluating A product that is all or virtually all and images, and the nature of the where the product is ‘‘made.’’ Thus, transaction. Depending on the context, made in the United States will regardless of the extent of a product’s U.S. symbols or geographic references, ordinarily be one in which all other U.S. parts or processing, in order 112 such as U.S. flags, outlines of U.S. maps, significant parts and processing that to be considered all or virtually all made or references to U.S. locations of go into the product are of U.S. origin. In in the United States, it is a prerequisite headquarters or factories, may, by other words, where a product is labeled that the product have been last themselves or in conjunction with other or otherwise advertised with an ‘‘substantially transformed’’ in the phrases or images, convey a claim of unqualified ‘‘Made in USA’’ claim, it United States, as that term is used by U.S. origin. For example, assume that a should contain only a de minimis, or the U.S. Customs Service ‘‘ i.e., the company advertises its product in an negligible, amount of foreign content. product should not be required to be advertisement that features pictures of Although there is no single ‘‘bright line’’ marked ‘‘made in [foreign country]’’ employees at work at what is identified to establish when a product is or is not under 19 U.S.C. 1304.113 Furthermore, as the company’s U.S. factory, these ‘‘all or virtually all’’ made in the United even where a product is last pictures are superimposed on an image States, there are a number of factors that substantially transformed in the United of a U.S. flag, and the advertisement the Commission will look to in making States, if the product is thereafter bears the headline ‘‘American Quality.’’ this determination. To begin with, in assembled or processed (beyond de minimis finishing processes) outside the Although there is no express order for a product to be considered ‘‘all United States, the Commission is representation that the company’s or virtually all’’ made in the United unlikely to consider that product to be product is ‘‘Made in USA,’’ the net States, the final assembly or processing impression of the advertisement is all or virtually all made in the United of the product must take place in the likely to convey to consumers a claim States. For example, were a product to United States. Beyond this minimum that the product is of U.S. origin. be manufactured primarily in the Whether any particular symbol or threshold, the Commission will United States (and last substantially phrase, including an American flag, consider other factors, including but not transformed there) but sent to Canada or conveys an implied U.S. origin claim, limited to the portion of the product’s Mexico for final assembly, any U.S. will depend upon the circumstances in total manufacturing costs that are origin claim should be qualified to which the symbol or phrase is used. attributable to U.S. parts and processing; disclose the assembly that took place Ordinarily, however, the Commission and how far removed from the finished outside the United States. will not consider a marketer’s use of an product any foreign content is. American brand name 107 or B. Proportion of U.S. Manufacturing 108 Costs trademark, without more, to 110 For purposes of this Enforcement Policy constitute a U.S. origin claim, even Statement, ‘‘United States’’ refers to the several Assuming the product is put together though some consumers may believe, in states, the District of Columbia, and the territories and possessions of the United States. In other or otherwise completed in the United some cases mistakenly, that a product words, an unqualified ‘‘Made in USA’’ claim may States, the Commission will also made by a U.S.-based manufacturer is be made for a product that is all or virtually all examine the percentage of the total cost made in the United States. Similarly, manufactured in U.S. territories or possessions as of manufacturing the product that is the mere listing of a company’s U.S. well as in the 50 states. 111 In addition, marketers should not represent, attributable to U.S. costs (i.e., U.S. parts address on a package label, in a 114 either expressly or by implication, that a whole and processing) and to foreign costs. nonprominent manner, such as would product line is of U.S. origin (e.g., ‘‘Our products Where the percentage of foreign content be required under the Fair Packaging are Made in USA’’) when only some products in the is very low, of course, it is more likely and Labeling Act,109 is unlikely, without product line are, in fact, made in the United States. that the Commission will consider the more, to constitute a ‘‘Made in USA’’ Although not the focus of this Enforcement Policy Statement, this is a principle that has been claim. addressed in Commission cases both within and 113 It is conceivable, for example, that IV. Substantiating U.S. Origin Claims: outside the U.S. origin context. See, e.g., Hyde occasionally a product imported into the United Athletic Industries, FTC Docket No. C–3695 States could have a very high proportion of its The ‘‘All or Virtually All’’ Standard (consent order December 4, 1996) (complaint manufacturing costs be U.S. costs, but is Based on its review of the traditional alleged that respondent represented that all of its nonetheless not considered by the U.S. Customs footwear was made in the United States, when a Service to have been last substantially transformed use of the term ‘‘Made in USA,’’ and the substantial amount of its footwear was made wholly in the United States. In such cases, the product record as a whole, the Commission in foreign countries); New Balance Athletic Shoes, would be required to be marked with a foreign concludes that consumers are likely to Inc., FTC Docket No. 9268 (consent order December country of origin and an unqualified U.S. origin understand an unqualified U.S. origin 2, 1996) (same); Uno Restaurant Corp., FTC Docket claim could not appropriately be made for the claim to mean that the advertised No. C–3730 (consent order April 4, 1997) product. (complaint alleged that restaurant chain represented 114 In calculating manufacturing costs, product is ‘‘all or virtually all’’ made in that its whole line of thin crust pizzas were low fat, manufacturers should ordinarily use as their the United States. Therefore, when a when only two of eight pizzas met acceptable limits measure the cost of goods sold or finished goods marketer makes an unqualified claim for low fat claims); Ha¨agen-Dazs Company, Inc., inventory cost, as those terms are used in FTC Docket No. C–3582 (consent order June 7, accordance with generally accepted accounting 1995) (complaint alleged that respondent principles. Such costs will generally include (and 107 This assumes that the brand name does not represented that its entire line of frozen yogurt was be limited to) the cost of manufacturing materials, specifically denote U.S. origin, e.g., the brand name 98% fat free when only certain flavors were 98% direct manufacturing labor, and manufacturing is not ‘‘Made in America, Inc.’’ fat free). overhead. Marketers should also note the 108 For example, a legal trademark consisting of, 112 The word ‘‘parts’’ is used in its general sense admonishment below that, in determining the or incorporating, a stylized mark suggestive of a throughout this enforcement policy statement to percentage of U.S. content, they should look far U.S. flag will not, by itself, be considered to refer to all physical inputs into a product, including enough back in the manufacturing process that a constitute a U.S. origin claim. but not limited to subassemblies, components, reasonable marketer would expect that it had 109 15 U.S.C. 1451 et seq. parts, or materials. accounted for any significant foreign content. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63769 product all or virtually all made in the content that is incorporated further back gold in a gold ring, or the clay used to United States. Nonetheless, there is not in the manufacturing process, however, make a ceramic tile, imported, an a fixed point for all products at which will often be less significant to unqualified ‘‘Made in USA’’ claim for they suddenly become ‘‘all or virtually consumers than that which constitutes a the ring or tile would likely be all’’ made in the United States. Rather, direct input into the finished product. inappropriate.118 This is both because of the Commission will conduct this For example, in the context of a the significant value the gold and the inquiry on a case-by-case basis, complex product, such as a computer, it clay are likely to represent relative to balancing the proportion of U.S. is likely to be insignificant that the finished product and because the manufacturing costs along with the imported steel is used in making one gold and the clay are only one step back other factors discussed herein, and part of a single component (e.g., the from the finished articles and are taking into account the nature of the frame of the floppy drive). This is integral components of those articles. By product and consumers’ expectations in because the steel in such a case is likely contrast were the plastic in the plastic determining whether an enforcement to constitute a very small portion of the case of a clock radio that was otherwise action is warranted. Where, for example, total cost of the computer, and because all or virtually all made in the United a product has an extremely high amount consumers purchasing a computer are States found to have been made from of U.S. content, any potential deception likely, if they are concerned about the imported petroleum, the petroleum is resulting from an unqualified ‘‘Made in origin of the product, to be concerned far enough removed from, and an USA’’ claim is likely to be very limited, with the origin of the more immediate insignificant enough input into, the and therefore the costs of bringing an inputs (floppy drive, hard drive, CPU, finished product that it would enforcement action challenging such a keyboard, etc.) and perhaps the parts nonetheless likely be appropriate to claim are likely to substantially that, in turn, make up those inputs. label the clock radio with an outweigh any benefit that might accrue Consumers are less likely to have in unqualified U.S. origin claim. to consumers and competition. mind materials, such as the steel, that are several steps back in the V. Qualifying U.S. Origin Claims C. Remoteness of Foreign Content manufacturing process. By contrast, in A. Qualified U.S. Origin Claims Finally, in evaluating whether any the context of a product such as a pipe Generally foreign content is significant enough to or a wrench for which steel constitutes prevent a product from being a more direct and significant input, the Where a product is not all or virtually considered all or virtually all made in fact that the steel is imported is likely all made in the United States, any claim the United States, the Commission will to be a significant factor in evaluating of U.S. origin should be adequately look not only to the percentage of the whether the finished product is all or qualified to avoid consumer deception cost of the product that the foreign virtually all made in the United States. about the presence or amount of foreign content represents, but will also Thus, in some circumstances, there may content. In order to be effective, any consider how far removed from the be inputs one or two steps back in the qualifications or disclosures should be finished product the foreign content is. manufacturing process that are foreign sufficiently clear, prominent, and As a general rule, in determining the and there may be other foreign inputs understandable to prevent deception. percentage of U.S. content in its that are much further back in the Clarity of language, prominence of type product, a marketer should look far manufacturing process. Those foreign size and style, proximity to the claim enough back in the manufacturing inputs far removed from the finished being qualified, and an absence of process that a reasonable marketer product, if not significant, are unlikely contrary claims that could undercut the would expect that it had accounted for to be as important to consumers and effectiveness of the qualification will any significant foreign content. In other change the nature of what otherwise maximize the likelihood that the words, a manufacturer who buys a would be considered a domestic qualifications and disclosures are component from a U.S. supplier, which product. appropriately clear and prominent. component is in turn made up of other In this analysis, raw materials 116 are parts or materials, may not simply neither automatically included nor unavailable in the United States, the Commission assume that the component is 100% automatically excluded in the will also look at whether or not the raw material U.S. made, but should inquire of the is indigenous to the United States, or available in evaluation of whether a product is all or commercially significant quantities. In cases where supplier as to the percentage of U.S. virtually all made in the United States. the material is not found or grown in the United 115 content in the component. Foreign Instead, whether a product whose other States, consumers are likely to understand that a parts and processing are of U.S. origin ‘‘Made in USA’’ claim on a product that 115 For example, assume that a company would not be considered all or virtually incorporates such materials (e.g., vanilla ice cream manufactures lawn mowers in its U.S. plant, that uses vanilla beans, which, the Commission making most of the parts (housing, blade, handle, all made in the United States because understands, are not grown in the United States) etc.) itself from U.S. materials. The engine, which the product incorporated imported raw means that all or virtually all of the product, except constitutes 50% of the total cost of manufacturing materials depends (as would be the case for those materials not available here, originated in the lawn mower, is bought from a U.S. supplier, with any other input) on what the United States. Nonetheless, even where a raw which, the lawn mower manufacturer knows, material is nonindigenous to the United States, if assembles the engine in a U.S. factory. Although percentage of the cost of the product the that imported material constitutes the whole or most of the parts and the final assembly of the lawn raw materials constitute and how far essence of the finished product (e.g., the rubber in mower are of U.S. origin and the engine is removed from the finished product the a rubber ball or the coffee beans in ground coffee), assembled in the United States, the lawn mower raw materials are.117 Thus, were the it would likely mislead consumers to label the final will not necessarily be considered all or virtually product with an unqualified ‘‘Made in USA’’ claim. all made in the United States. This is because the 118 Nonetheless, in these examples, other, engine itself is made up of various parts that may of at least 30% foreign content, and an unqualified qualified claims could be used to identify truthfully be imported and that may constitute a significant ‘‘Made in USA’’ label would be inappropriate. the domestic processing that took place. For percentage of the total cost of manufacturing the 116 For purposes of this Enforcement Policy example, if the gold ring was designed and lawn mower. Thus, before labeling its lawn mower Statement, the Commission considers raw materials fabricated in the United States, the manufacturer ‘‘Made in USA,’’ the manufacturer should look to to be products such as minerals, plants or animals could say that (e.g., ‘‘designed and fabricated in its engine supplier for more specific information as that are processed no more than necessary for U.S. with 14K imported gold’’). Similarly, if the to the engine’s origin. For instance, were foreign ordinary transportation. ceramic tile were manufactured in the United States parts to constitute 60% of the cost of producing the 117 In addition, because raw materials, unlike from imported clay, the manufacturer could engine, then the lawn mower would contain a total manufactured inputs, may be inherently indicate that as well. 63770 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Within these guidelines, the form the B. Claims About Specific Processes or product should be last substantially qualified claim takes is up to the Parts transformed in the United States to marketer. A marketer may make any Regardless of whether a product as a properly use an ‘‘Assembled in USA’’ qualified claim about the U.S. content of whole is all or virtually all made in the claim. This requirement ensures against its products as long as the claim is United States, a marketer may make a potentially contradictory claims, i.e., a truthful and substantiated. Qualified claim that a particular manufacturing or product claiming to be ‘‘Assembled in claims, for example, may be general, other process was performed in the USA’’ while simultaneously being indicating simply the existence of United States, or that a particular part marked as ‘‘Made in [foreign country].’’ unspecified foreign content (e.g., ‘‘Made was manufactured in the United States, In many instances, this requirement will in USA of U.S. and imported parts’’) or provided that the claim is truthful and also be a minimum guarantee that the they may be specific, indicating the substantiated and that reasonable U.S. assembly operations are amount of U.S. content (e.g., ‘‘60% U.S. consumers would understand the claim substantial. content’’), the parts or materials that are to refer to a specific process or part and C. Comparative Claims imported (e.g., ‘‘Made in USA from not to the general manufacture of the U.S. origin claims that contain a imported leather’’), or the particular product. This category would include foreign country from which the parts comparative statement (e.g., ‘‘More U.S. claims such as that a product is content than our competitor’’) may be come (‘‘Made in USA from French ‘‘designed’’ or ‘‘painted’’ or ‘‘written’’ in 119 made as long as the claims are truthful components’’). the United States or that a specific part, Where a qualified claim takes the and substantiated. Where this is so, the e.g., the picture tube in a television, is form of a general U.S. origin claim Commission believes that comparative made in the United States (even if the accompanied by qualifying information U.S. origin claims are unlikely to be other parts of the television are not). about foreign content (e.g., ‘‘Made in deceptive even where an unqualified Although such claims do not expressly USA of U.S. and imported parts’’ or U.S. origin claim would be disclose that the products contain ‘‘Manufactured in U.S. with Indonesian inappropriate. Comparative claims, foreign content, the Commission materials’’), the Commission believes however, should be presented in a believes that they are normally likely to that consumers are likely to understand manner that makes the basis for the be specific enough so as not to convey such a claim to mean that, whatever comparison clear (e.g., whether the a general claim of U.S. origin. More foreign materials or parts the product comparison is being made to another general terms, however, such as that a contains, the last assembly, processing, leading brand or to a previous version product is, for example, ‘‘produced,’’ or or finishing of the product occurred in of the same product). Moreover, ‘‘manufactured’’ in the United States, the United States. Marketers therefore comparative claims should not be used are likely to require further qualification should avoid using such claims unless in a manner that, directly or by where they are used to describe a they can substantiate that this is the implication, exaggerates the amount of product that is not all or virtually all case for their products. In particular, U.S. content in the product, and should made in the United States. Such terms such claims should only be made where be based on a meaningful difference in are unlikely to convey to consumers a the product was last substantially U.S. content between the compared message limited to a particular process transformed in the United States. Where products. Thus, a comparative U.S. performed, or part manufactured, in the a product was last substantially origin claim is likely to be deceptive if United States. Rather, they are likely to transformed abroad, and is therefore it is made for a product that does not be understood by consumers as required by the U.S. Customs Service to have a significant amount of U.S. synonymous with ‘‘Made in USA’’ and be labeled ‘‘Made in [foreign country],’’ content or does not have significantly therefore as unqualified U.S. origin it would be inappropriate, and more U.S. content than the product to claims. confusing, to use a claim such as ‘‘Made which it is being compared. 120 The Commission further concludes in USA of U.S. and imported parts.’’ that, in many instances, it will be D. U.S. Customs Rules and Qualified appropriate for marketers to label or and Comparative U.S. Origin Claims 119 These examples are intended to be illustrative, not exhaustive; they do not represent the only advertise a product as ‘‘Assembled in It is possible, in some circumstances, claims or disclosures that would be permissible the United States’’ without further for marketers to make certain qualified under Section 5 of the FTC Act. As indicated, qualification. Because ‘‘assembly’’ or comparative U.S. origin claims however, qualified claims, like any claim, should be potentially describes a wide range of (including claims such as that the truthful and substantiated and should not overstate the U.S. content of a product. For example, it would processes, however, from simple product contains a particular amount of be inappropriate for a marketer to represent that a ‘‘screwdriver’’ operations at the very U.S. content, certain claims about the product was ‘‘Made in U.S. of U.S. and imported end of the manufacturing process to the U.S. origin of specific processes or parts, parts’’ if the overwhelming majority of the parts construction of a complex, finished item and certain comparative claims) even were imported and only a single, insignificant part was manufactured in the United States; a more from basic materials, the use of this term for products that are last substantially appropriate claim would be ‘‘Made in U.S. of may, in some circumstances, be transformed abroad and which therefore imported parts.’’ confusing or misleading to consumers. must be marked with a foreign country 120 On the other hand, that the last substantial To avoid possible deception, of origin. In making such claims, transformation of the product takes place in the United States may not alone be sufficient to ‘‘Assembled in USA’’ claims should be however, marketers are advised to take substantiate such a claim. For example, under the limited to those instances where the care to follow the requirements set forth rulings of the U.S. Customs Service, a disposable product has undergone its principal by the U.S. Customs Service and to razor is considered to have been last substantially assembly in the United States and that ensure, for purposes of section 5 of the transformed where its blade is made, even if it is thereafter assembled in another country. Thus, a assembly is substantial. In addition, a FTC Act, that the claim does not disposable razor that is assembled in Mexico with deceptively suggest that the product is a U.S.-made blade and other parts of various origins the razor ‘‘Made in U.S. of U.S. and imported made with a greater amount of U.S. would be considered to have been last substantially parts.’’ It would, however, likely be appropriate to parts or processing than is in fact the transformed in the United States and would not label the razor ‘‘Assembled in Mexico with U.S.- have to bear a foreign country-of-origin marking. made blade,’’ ‘‘Blade made in United States, razor case. Nonetheless, because the final assembly of the razor assembled in Mexico’’ or ‘‘Assembled in Mexico In looking at the interaction between occurs abroad, it would be inappropriate to label with U.S. and imported parts.’’ the requirements for qualified and Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63771 comparative U.S. origin claims and Whether a nominally specific or limited and the benefits and costs of various those for foreign origin marking, the claim will in fact be interpreted by ‘‘Made in USA’’ standards have been analysis is slightly different for consumers in a limited matter is likely exhaustively investigated. With the advertising and for labeling. This is a to depend on the connotations of the issuance of this Policy Statement, I result of the fact that the Tariff Act particular representation being made expect to see the traditional ‘‘Made in requires foreign origin markings on (e.g., ‘‘finished’’ may be perceived as USA’’ standard enforced, now that we articles or their containers, but does not having a more general meaning than no longer labor under the self-imposed govern claims in advertising or other ‘‘painted’’) and the context in which it moratorium that consumed several years promotional materials. appears. Marketers who wish to make while we explored various policy Thus, on a product label, where the U.S. origin claims in advertising or options. Tariff Act requires that the product be other promotional materials without an The broad review initiated by a marked with a foreign country of origin, express disclosure of foreign majority of the Commission in 1995 Customs regulations permit indications manufacture for products that are produced a reasonable alternative of U.S. origin only when the foreign required by Customs to be marked with approach based on copy test evidence country of origin appears in close a foreign country of origin should be showing that significant minorities of proximity and is at least of comparable aware that consumers may believe the 121 consumers took contradictory meanings size. As a result, under Customs literal U.S. origin statement is implying from unqualified ‘‘Made in USA’’ regulations, a product may, for example, a broader meaning and a larger amount claims. As I stated when we proposed be properly marked ‘‘Made in of U.S. content than expressly the Guides for comment, the Switzerland, finished in U.S.’’ or ‘‘Made represented. Marketers are required to ‘‘substantially all’’ standard created by in France with U.S. parts,’’ but it may substantiate implied, as well express, the Guides appeared to strike the correct not simply be labeled ‘‘Finished in material claims that consumers acting balance between contradictory U.S.’’ or ‘‘Made with U.S. parts’’ if it is reasonably in the circumstances take consumer understandings of ‘‘Made in deemed to be of foreign origin. from the representations. Therefore, the USA’’ so as to minimize overall In advertising or other promotional Commission encourages marketers, materials, the Tariff Act does not require consumer injury from deception. where a foreign-origin marking is Today’s action illustrates the value of that foreign origin be indicated. The required by Customs on the product Commission recognizes that it may be seeking public comment when the itself, to include in any qualified or Commission elects to fashion a possible to make a U.S. origin claim in comparative U.S. origin claim a clear, advertising or promotional materials compromise through an expansive conspicuous, and understandable review similar to a rulemaking, rather that is sufficiently specific or limited disclosure of foreign manufacture. that it does not require an than base its findings of deception on accompanying statement of foreign By direction of the Commission. evidence and interpretations tested manufacture in order to avoid Donald S. Clark, during litigation and the pursuit of conveying a broader and Secretary. negotiated orders. unsubstantiated meaning to consumers. Intense public interest in ‘‘Made in Concurring Statement of Commissioner USA’’ claims inspired more individual Roscoe B. Starek, III, Regarding 121 19 CFR 134.46. Specifically, this provision consumer comments than we have provides that: Enforcement Policy Statement on U.S. received in almost any other comment ‘‘In any case in which the words ‘United States,’ Origin Claims period during my tenure at the or ‘American,’ the letters U.S.A., any variation of such words or letters, or the name of any city or File No. P89–4219 Commission. These comments—which demonstrate that consumers who locality in the United States, or the name of any Today the Commission restores the foreign country or locality other than the country believe that ‘‘Made in USA’’ means all ‘‘Made in USA’’ standard to the highly or locality in which the article was manufactured or virtually all made in the United demanding level that we affirmed in or produced appear on an imported article or its States are highly motivated to act on container, and those words, letters or names may 1994. The Commission’s action their belief—justify redrawing the mislead or deceive the ultimate purchaser as to the reinstates the longstanding principle actual country of origin of the article, there shall balance that the proposed Guides that an unqualified U.S. origin claim is appear, legibly and permanently, in close proximity attempted to strike. These consumers a claim that the product is made entirely to such words, letters or name, and in at least a want to be able to rely on a simple and comparable size, the name of the country of origin in the United States except for a de clear standard, and their awareness of preceded by ‘Made in,’ ‘Product of,’ or other words minimis or negligible amount of foreign of similar meaning.’’ the globalization of the economy content. By explaining the factors that In a Federal Register notice announcing evidently has not changed their beliefs the Commission will consider in amendments to this provision, the Customs Service about domestic origin claims. The indicated that, where a product has a foreign origin, assessing whether an unqualified ‘‘Made Policy Statement also wisely confines any references to the United States made in the in USA’’ claim is deceptive, and the Commission’s guidance to general context of a statement relating to any aspect of the whether the public interest warrants production or distribution of the product (e.g., principles and, as I clearly prefer, leaves enforcement action, the Policy ‘‘Designed in USA,’’ ‘‘Made for XYZ Corporation, for case-by-case resolution more California, U.S.A.,’’ or ‘‘Distributed by ABC, Inc., Statement provides guidance that complex issues that may turn on Colorado, USA’’) would be considered misleading should reduce the costs of making to the ultimate purchaser and would require foreign variations in claims and products. country-of-origin marking in accordance with the ‘‘Made in USA’’ claims that comply above provision. 62 FR 44211, 442213 (Aug. 20, with Section 5 of the FTC Act. The [FR Doc. 97–31531 Filed 12–1–97; 8:45 am] 1997). current state of consumer perception BILLING CODE 6750±01±P federal register December 2,1997 Tuesday Centers Program;Notices 21st CenturyCommunityLearning Education Department of Part IV 63773 63774 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

DEPARTMENT OF EDUCATION among other things, be a stimulating, drug-free environment. For example, safe, supervised and cost-effective after- before- and after-school programs can be RIN 1850±ZA01 school, weekend or summer haven for a place in which tutors provide reading 21st Century Community Learning children and youth—and their families. help to younger children or in which Centers Program As reported in the recent Department of mentors guide older children to take Education (ED) publication ‘‘Keeping challenging mathematics and science AGENCY: Department of Education. Schools Open as Community Learning courses that pave the way to college, ACTION: Notice of final priorities. Centers: Extending Learning in a Safe, and help them succeed in those courses. Drug-free Environment Before and After However, programs applying for SUMMARY: The Secretary announces School,’’ recent research shows that a assistance are required to carry out at priorities for the 21st Century stimulating environment of this type least four of the activities listed in Community Learning Centers Program, can improve thinking and language section 10905 of the Elementary and administered by the Office of performance of participating children Secondary Education Act (20 U.S.C. Educational Research and Improvement and youth. Research also indicates that 8245), and should propose an array of (OERI). The Secretary may use these these programs reduce crime, inclusive and supervised services that priorities in fiscal year 1998 and delinquency, and victimization of include extended learning opportunities subsequent years. The Secretary takes children and youth. However, although (such as enriched instruction, tutoring this action to focus Federal assistance the number of after-school child care or homework help) but may also include on stimulating and expanding programs has grown over the last 20 safety and drug-abuse prevention significant learning programs available years, there are still far too few programs, recreational, musical and to children and youth beyond regular communities that offer effective, artistic activities; and opportunities to school hours. The absolute priority is organized and extended opportunities use advanced technology, particularly also designed to ensure wide and for learning outside the regular school for those children who do not have effective use of program funds to day. Of the 49,000 before- and after- access to computers or support centers that provide expanded school programs available in the United telecommunications at home. Although learning opportunities for children and States in 1991, only about a third were the absolute priority requires that youth in a safe and drug-free housed in public schools. And, for in- children and youth be served, environment, and to engage the support school and out-of-school care programs, applicants may propose projects that of citizens in those efforts. Two only a tiny percent served older also serve and involve other members of competitive priorities concern serving children and youth. In 1995, there were the community. early adolescents and middle school 23.5 million school-age children with The competitive priorities authorize students and services related to core parents in the workforce. But as recently ED to give a preference to applicants academic subjects. as the 1993–94 school year, only 3.4 that propose to serve the academic DATES: These priorities take effect percent of children in public elementary needs of participating children and January 2, 1998. and combined schools were enrolled in youth. These can include services that will assist students who need additional FOR FURTHER INFORMATION CONTACT: any of the estimated 18,000 before- or support to master reading and literacy Carol J. Mitchell or Amanda Clyburn, after-school programs at public schools. skills, both by directly providing U.S. Department of Education, Office of Seventy percent of all public elementary and combined schools did not have reading services as well as tutoring and Educational Research and Improvement, before- or after-school programs. mentoring programs in supervised 555 New Jersey Avenue, NW, Room 504, The needs and demands are clear: a locations. For younger children who are Washington, DC 20208–5644. E-mail 1994 survey of parents found that 56 not reading as well as they should, addresses are: percent think that many parents leave Community Learning Centers can [email protected] or l their children alone too much after provide extended time in which to amanda [email protected]. Individuals school, and a 1989 survey of school overcome the obstacles that have in the who use a telecommunications device principals found that 84 percent agreed past prevented them from becoming for the deaf (TDD) may call the Federal that there is a need for before- and after- good readers. The competitive priorities Information Relay Service (FIRS) at 1– school programs. But even though the will also encourage schools to develop 800–877–8339 between 8 a.m. and 8 number of after-school programs is strategies to address the needs of p.m., Eastern time, Monday through growing, the demand is growing faster, students who can benefit from Friday. Individuals with disabilities as thousands of parents who currently additional enrichment or challenge in may obtain this document in alternate care for their children during the day mathematics or science, or who are not formats (e.g., Braille, large print, are encouraged to enter the workforce. performing as well as they should. audiotape, or computer diskette) on After-school programs are well Community learning centers can request to either contact person listed in positioned to reduce the incidence of provide extended hours for students to the preceding paragraph. drug use and violence and their learn and review basic concepts they SUPPLEMENTARY INFORMATION: The 21st detrimental effects on learning. may have missed during class, to delve Century Community Learning Centers Research by the Federal Bureau of deeper into a more challenging Act authorizes the Secretary to award Investigation indicates that the hours curriculum, or to participate in grants to rural and inner-city public between 3 and 6 p.m. are when youth enjoyable hands-on activities and elementary or secondary schools, or aged 12 to 17 are most at risk of experiments. consortia of those schools, to enable committing or of being victims of Funding of particular projects them to plan, implement, or expand violent acts. After-school programs depends on the availability of funds, the projects that benefit the educational, located at Community Learning Centers priorities, the quality of the applications health, social service, cultural and will give youth a safe and supervised received, and the requirements in the recreational needs of a rural or inner- place to go during these hours. law for equitable representation city community. The absolute priority supports centers nationally and within States of rural and A Community Learning Center that have a goal of providing learning inner-city programs. The first cycle of established in a local public school can, opportunities for students in a safe and awards will be made from fiscal year Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63775

1998 funds. If applications of high programs under this legislation and kindergarten to grade 3 would be more quality remain unfunded, additional desired more emphasis on non- preferable. awards may be made in fiscal year 1999 traditional service providers who are Discussion: The authorizing statute or future fiscal years, pending not part of the public school system. provides that 21st Century Community availability of funds. The publication of Another commenter believed that Learning Centers must be open to all these priorities does not preclude the existing community-based organizations children in inner-city and rural Secretary from proposing additional that have played a leading role in neighborhoods where Centers have been priorities, nor does it limit the Secretary providing after-school programs should established. While the program may to funding only these priorities, subject be made eligible for grants under this serve all children, statistics show that to meeting applicable rulemaking program. Another commenter felt that children between the ages of 12–17 are requirements. priority should be given to projects with at-risk of committing or being victims of On September 30, 1997, the Assistant a set category of community partners violent acts between the hours of 3 p.m. Secretary published a notice of and a built-in governance system that and 6 p.m., and that available after- proposed priorities (NPP) for this allows for family and community school programs tend to serve younger program in the Federal Register (62 FR decision making and involvement in rather than older children. Therefore, 51089–51091). There are no differences partnership with the schools. Several the Secretary has given a competitive between the NPP and this notice of final other commenters recommended priority to serving the early adolescent priorities. specific language either requiring or population. giving priority to community Changes: None. Analysis of Comments collaboration projects. In response to the Assistant Discussion: While the authorizing Proposed Competitive Priority 2: Secretary’s invitation to comment on the legislation specifically states that only Assisting in Meeting or Exceeding State proposed priorities, eighteen parties rural or inner-city public elementary and Local Standards in Core Academic representing concerned individuals and and secondary schools, or consortia of Subjects Such as Reading, Mathematics members of organizations submitted those schools, are eligible to receive a or Science comments. An analysis of the comments grant under this program, it also states Comments: Two commenters thought follows. Major issues are grouped that these entities ‘‘should collaborate this priority too narrow in its focus on according to subject or proposed with other public and nonprofit cognitive competencies and should be priority. Minor editorial changes—and agencies and organizations, local broadened to include social, physical, comments recommending changes the businesses, educational entities (such as emotional and moral competencies as Secretary is not legally authorized to vocational and adult education well. make under the applicable statutory programs, community colleges, and Discussion: The Secretary recognizes authority—are not addressed. universities), recreational, cultural, and the importance of well-rounded other community and human service programs for after-school enrichment. Population to be Served entities, for the purpose of meeting the The authorizing legislation requires Comments: One commenter believed needs of, and expanding the programs to offer a range of services to that only ‘‘at-risk’’ students were to be opportunities available to, the residents benefit members of the community; served by this program and suggested of the communities served by such these services can include social, that ED explain more clearly that all schools.’’ By statute, applications must physical, nutritional and other children are eligible to participate. include ‘‘a description of the activities. Because the statute does not However, another commenter believed collaborative efforts to be undertaken by specifically require activities that focus two new priorities were needed to community-based organizations, related on academic subjects, the Secretary ensure that the needs are met for (1) public agencies, businesses, or other believes a competitive priority is students from low-income families and appropriate organizations.’’ The notice necessary to encourage applications for (2) students considered ‘‘at-risk.’’ of proposed priorities stated that after-school programs that will offer Discussion: The 21st Century ‘‘although the proposed absolute enhanced learning opportunities, help Community Learning Centers Act priority requires that children and youth children reach or exceed State and local authorizes the Secretary to make grants be served, applicants may propose academic standards, and provide some to rural and inner-city public projects that also serve and involve continuity between the school day and elementary and secondary schools, or other members of the community.’’ For after-school activities. consortia of those schools. The term ‘‘at- instance, community-based Changes: None. risk’’ is not mentioned in the legislation organizations can, under this statute, or in the proposed priorities, but it is provide youth development services Duration of Services implied, by limiting eligibility to within the public schools. One commenter encouraged ED to ‘‘rural’’ or ‘‘inner-city’’ communities, Changes: None. give priority to applications that that the program will provide services to Proposed Competitive Priority 1: propose year-round programming. Discussion: The Secretary believes the high-needs neighborhoods. The Serving Early Adolescents and Middle- quantity and scheduling of extended legislation is also clear that Centers School Students must be open to all the members of the time proposed by an applicant are community. The Secretary does not Comments: One commenter thought matters for local decision. believe that additional priorities need to this priority’s focus would come too late Changes: None. for at-risk children between the ages of be established to assist students in Measurable Goals either of these categories. 7 and 11 and fail to block their Changes: None. downward spiral. Another thought that Comments: One commenter believed lowering the priority age-range to at that an application’s proposed Eligible Applicants and Collaboration least fourth grade was necessary for measurable goals and objectives be Comments: One commenter believed insuring continuity between elementary made a priority for funding. However, that only public schools and public and middle-school. A third commenter another commenter urged ED not to school systems were eligible to carry out felt lowering the range to pre- hold programs to an expectation of 63776 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices showing measurable change. The latter to the needs of the participating Education documents published in the commenter noted that ‘‘effecting such children. Federal Register, in text or portable change requires complex, Note: This notice of final priorities does document format (pdf) on the World comprehensive, intense and long term not solicit applications. A notice inviting Wide Web at either of the following interventions.’’ applications under this competition is sites: Discussion: Two of the selection published in a separate notice in this issue http://ocfo.ed.gov/fedreg.htm criteria that will be used by reviewers to of the Federal Register. http://www.ed.gov/news.html rate applications will address the issue Executive Order 12866: This notice of To use the pdf you must have the Adobe of program impact. These are (under final priorities has been reviewed in Acrobat Reader Program with Search, Quality of Project Services) the ‘‘likely accordance with Executive Order 12866. which is available free at either of the impact of the services to be provided by Under the terms of the order the previous sites. If you have questions the proposed project on the intended Secretary has assessed the potential about using the pdf, call the U.S. recipients of those services,’’ and (under costs and benefits of this regulatory Government Printing Office toll free at Quality of Project Evaluation) the action. 1–888–293–6498. ‘‘extent to which the methods of The potential costs associated with Anyone may also view these evaluation provide for examining the the notice of final priorities are those documents in text copy only on an effectiveness of project implementation resulting from statutory requirements electronic bulletin board of the strategies.’’ In addition to locally and those determined by the Secretary Department. Telephone: (202) 219–1511 designed evaluations of program effects, as necessary for administering this or, toll free, 1–800–222–4922. The the Government Performance and program effectively and efficiently. documents are located under Option Results Act requires ED to develop In assessing the potential costs and G—Files/Announcements, Bulletins and performance indicators for the 21st benefits—both quantitative and Press Releases. Century Community Learning Centers qualitative—of this notice of final Note: The official version of a document is program at the national level. priorities, the Secretary has determined the document published in the Federal Changes: None. that the benefits of the priorities justify Register. PRIORITIES the costs. Program Authority: 20 U.S.C. 8241–8247. Absolute Priority: Under 34 CFR To assist the Department in Dated: November 25, 1997. 75.105(c)(3), the Secretary gives an complying with the specific Ricky T. Takai, absolute preference to applications that requirements of Executive Order 12866, Acting Assistant Secretary for Educational meet the absolute priority in the next the Secretary invites comment on Research and Improvement. paragraph. The Secretary funds under whether there may be further (Catalog of Federal Domestic Assistance this competition only applications that opportunities to reduce any potential Number 84.287, 21st Century Community meet this absolute priority. costs or increase potential benefits Learning Centers Program) resulting from these final priorities [FR Doc. 97–31567 Filed 12–1–97; 8:45 am] Activities to Expand Learning without impeding the effective and BILLING CODE 4000±01±P Opportunities efficient administration of the program. The Secretary funds only those Summary of potential costs and applications for 21st Century benefits: There are no identified costs DEPARTMENT OF EDUCATION Community Learning Centers grants that associated with this notice of final [CFDA No. 84.287] include, among the array of services priorities. Announcement of these required and authorized by the statute, priorities will not result in costs to State 21st Century Community Learning activities that offer significant expanded and local governments or to recipients Centers; Notice inviting applications learning opportunities for children and of grant funds. for new awards for fiscal year 1998 youth in the community and that Intergovernmental Review: This contribute to reduced drug use and program is subject to the requirements Purpose of Program: The 21st Century violence. of Executive Order 12372 and the Community Learning Centers Program Competitive Priorities: Under 34 CFR regulations in 34 CFR Part 79. The was established by Congress to award 75.105(c)(2)(i), the Secretary gives objective of the Executive order is to grants to rural and inner-city public preference to applications that meet one foster an intergovernmental partnership schools, or consortia of such schools, to or both of the two competitive priorities and a strengthened federalism by enable them to plan, implement, or in the next two paragraphs. The relying on processes developed by State expand projects that benefit the Secretary awards up to five (5) points and local governments for coordination educational, health, social services, for each competitive priority addressed and review of proposed Federal cultural and recreational needs of the in an application (for a maximum of 10 financial assistance. community. School-based community points if an application addresses both In accordance with the order, this learning centers can provide a safe, competitive priorities). These points are document is intended to provide early drug-free, supervised and cost-effective in addition to the 100 points an notification of the Department’s specific after-school, weekend or summer haven application may earn under the plans and actions for this program. for children, youth and their families. selection criteria which will be Individuals with disabilities may obtain Eligible Applicants: Only rural or published in the application package. this document in an alternate format inner-city public elementary or Competitive Priority 1—Projects that (e.g., Braille, large print, audiotape, or secondary schools, consortia of those propose to serve early adolescents and computer diskette) on request to the schools, or LEAs applying on their middle-school students. contact person listed in the preceding behalf, are eligible to receive a grant Competitive Priority 2—Projects paragraph. under the 21st Century Community designed to assist students to meet or Learning Centers Program. An LEA with exceed State and local standards in core Electronic Access to This Document many interested schools is encouraged academic subjects such as reading, Anyone may view this document, as to submit a consortium application on mathematics or science, as appropriate well as all other Department of their behalf. Applicants must Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63777 demonstrate that they meet the statutory SUPPLEMENTARY INFORMATION: The 21st Learning Centers. Requests may also be program purpose as being either a Century Community Learning Centers e-mailed to Amanda Clyburn ‘‘rural’’ or ‘‘inner-city’’ school or a Program is authorized under Title X, ([email protected]) or faxed to consortium of those schools. Part I (20 USC 8241) of the Elementary (202) 219–2198. Deadline for Transmittal of and Secondary Education Act. Grantees FOR FURTHER INFORMATION CONTACT: Applications: March 9, 1998 under this program are required to carry Carol J. Mitchell or Amanda Clyburn, Deadline for Intergovernmental out at least four of the activities listed U. S. Department of Education, Office of Review: May 8, 1998 in section 10905 of the Elementary and Educational Research and Improvement, Applications Available: December 16, Secondary Education Act (20 USC 555 New Jersey Avenue, NW, 1997 8245), as listed below: Washington DC 20208–5644. E-mail Available Funds: $40 million (1) Literacy education programs; addresses are: Estimated Range of Awards: (2) Senior citizen programs; (3) Children’s day care services; [email protected] or $35,000—$200,000 per Center. Awards (4) Integrated education, health, social [email protected] respectively. to consortia or LEAs involving multiple service, recreational, or cultural Centers will be adjusted to reflect the Fax number is (202) 219–2198. programs; Individuals who use a number of Centers included. (5) Summer and weekend school telecommunications device for the deaf Estimated Average Size of Awards: programs in conjunction with recreation $100,000 (per Center) programs; (TDD) may call the Federal Information Estimated Number of Awards: 200– (6) Nutrition and health programs; Relay Service (FIRS) at 1–800–877–8339 300, depending on how many awards (7) Expanded library service hours to between 8 a.m. and 8 p.m., Eastern time, will assist multiple Centers. serve community needs; Monday through Friday. Note: The Department is not bound by any (8) Telecommunications and Individuals with disabilities may estimates in this notice. technology education programs for obtain this document in an alternate individuals of all ages; Project Period: Up to 36 months. format (e.g., Braille, large print, (9) Parenting skills education audiotape, or computer diskette) on Please note that all applicants for multi- programs; year awards are required to provide request to the contact persons identified (10) Support and training for child in this notice. detailed budget information for the total day care providers; grant period requested. The Department (11) Employment counseling, training, Individuals with disabilities may will negotiate at the time of the initial and placement; obtain a copy of the application package award the funding levels for each year (12) Services for individuals who in an alternate format, also, by of the grant award. leave school before graduating from contacting that person. However, the Applicable Regulations: (a) The secondary school, regardless of the age Department is not able to reproduce in Education Department General of such individual; and an alternate format the standard forms Administration Regulations (EDGAR) in (13) Services for individuals with included in the application package. 34 CFR Parts 75, 77, 79, 80, 81, 82, 85, disabilities. and 86, and (b) 34 CFR part 299, General Applicants should propose an array of Electronic Access to This Document Provisions, Elementary and Secondary inclusive and supervised services that Anyone may view this document, as Education Act, published on May 22, include extended learning opportunities well as all other Department of 1997, in the Federal Register (62 FR (such as instructional enrichment Education documents published in the 28247). programs, tutoring, or homework Federal Register, in text or portable Priorities: The priorities in the notice assistance) but may also include document format (pdf) on the World of final priorities for this program, as recreational, musical and artistic Wide Web at either of the following published elsewhere in this issue of the activities; opportunities to use advanced sites: Federal Register, apply to this technology, particularly for those competition. In addition, the Secretary children who do not have access to http://ocfo.ed.gov/fedreg.htm gives preference to applications that computers or telecommunications at http://www.ed.gov/news.html meet the following competitive priority. home, or safety and substance-abuse (34 CFR 75.105(c)(2)(ii) and 34 CFR prevention programs. Grants awarded To use the pdf you must have the Adobe 299.3(a)). The Secretary selects an under this program may be used to plan, Acrobat Reader Program with Search, application that meets this competitive implement, or expand community which is available free at either of the priority over an application of learning centers. previous sites. If you have questions comparable merit that does not meet GEOGRAPHIC DISTRIBUTION: In awarding about using the pdf, call the U.S. this competitive priority. grants, the Secretary assures an Government Printing Office toll free at Competitive Priority—Projects that equitable distribution of assistance 1–888–293–6498. will use a significant portion of the among the States, among urban and Anyone may also view these program funds to address substantial rural areas of a State, and among urban documents in text copy only on an problems in an Empowerment Zone, and rural areas of the United States. electronic bulletin board of the including a Supplemental Department. Telephone: (202) 219–1511 Empowerment Zone, or an Enterprise FOR APPLICATIONS OR INFORMATION CONTACT: or, toll free, 1–800–222–4922. The Community designated by the United documents are located under Option States Department of Housing and To Obtain an Application Package: G—Files/Announcements, Bulletins and Urban Development or the United States Written requests should be mailed to: Press Releases. Department of Agriculture. Amanda Clyburn, U.S. Department of Note: The official version of a document is Note: A list of areas that have been Education, Office of Educational designated as Empowerment Zones and Research and Improvement, 555 New the document published in the Federal Enterprise Communities is published as an Jersey Ave., NW, Washington, DC Register. appendix to this notice. 20208–5644, Attn: 21st Century Center Program Authority: 20 U.S.C. 8241–8246. 63778 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

Dated: November 25, 1997. Arizona: Arizona Border Area, (Cochise, New Mexico: Albuquerque, Moro Ricky T. Takai, Santa Cruz and Yuma Counties), County, Rio Arriba County, Taos Acting Assistant Secretary for Educational Phoenix County Research and Improvement. Arkansas: East Central Area (Cross, Lee, New York: Albany, Buffalo, Kingston, Monroe, and St. Francis Counties), Appendix—Empowerment Zones and Newburgh, Rochester, Schenectady, Enterprise Communities Mississippi County, Pulaski County Troy California: Imperial County, Los North Carolina: Charlotte, Edgecombe Empowerment Zones (Listed Angeles (Huntington Park), San Diego, County, Halifax County, Robeson Alphabetically by State) San Francisco (Hayview, Hunter’s County, Wilson County Pointer), Watsonville California: Oakland Ohio: Akron, Columbus, Greater Colorado: Denver Georgia: Atlanta Portsmouth Area (Scioto County) Illinois: Chicago Connecticut: Bridgeport, New Haven Kansas: Kansas City Delaware: Wilmington Oklahoma: Choctaw County, McCurtain Kentucky: Kentucky Highlands Area District of Columbia: Washington County, Oklahoma City (Clinton, Jackson, and Wayne Florida: Jackson County Pennsylvania: Harrisburg, Lock Haven, Counties) Georgia: Central Savannah River Area Pittsburgh Maryland: Baltimore (Burke, Hancock, Jefferson, McDuffie, Rhode Island: Providence Massachusetts: Boston Tallaferro, and Warrent Counties), South Carolina: Charleston, Michigan: Detroit Crisp County, Dooley County Williamsburg County Mississippi: Mid-Delta Area (Bolivar, Illinois: East St. Louis, Springfield Holmes, Humphreys, and LeFlore South Dakota: Beadle County, Spink Indiana: Indianapolis County Counties) Iowa: Des Moines Tennessee: Fayette County, Haywood Missouri: Kansas City Kentucky: Louisville, McCreary County County, Memphis Nashville, Scott New Jersey: Camden Louisiana: Macon Ridge Area New York: Harlem, Bronx County (Catahouis, Concordia, Franklin, Pennsylvania: Philadelphia Texas: Dallas, El Paso, San Antonio, Texas: Houston, Rio Grande Valley Area Morehouse, and Tensas Parishes), New Orleans, Northeast Delta Area Waco (Cameron, Hidalgo, Starr, and Willacy Utah: Ogden Counties) (Madison Parish), Quachita Parish Massachusetts: Lowell, Springfield Vermont: Accomack County, Norfolk Supplemental Empowerment Zones Michigan: Five Cap, Flint, Muskegon Washington: Lower Yakima County, (Listed Alphabetically by State) Minnesota: Minneapolis, St. Paul Seattle, Tacoma California: Los Angeles Mississippi: Jackson, North Delta Area West Virginia: Huntington, McDowell Ohio: Cleveland (Panola, Quitman, and Tallahatchie County, West Central Areas (Braxton, Counties) Enterprise Communities (Listed Clay, Fayette, Nichols, and Roane Missouri: East Prairie, St. Louis Counties) Alphabetically by State) Nebraska: Omaha Wisconsin: Milwaukee Alabama: Birmingham, Chambers Nevada: Clarke County, Las Vegas County, Greene County, Sumter New Hampshire: Manchester [FR Doc. 97–31568 Filed 12–1–97; 8:45 am] County New Jersey: Newark BILLING CODE 4000±01±P federal register December 2,1997 Tuesday Notice Bilingual Education;StateGrantProgram; Education Department of Part V 63779 63780 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

DEPARTMENT OF EDUCATION performance, and program evaluation. (4) Quality of project services. (15 In addition, grantees are required to points) (i) The Secretary considers the [CFDA No.: 84.194Q] collect data on the State’s LEP quality of the services to be provided by Bilingual Education: State Grant population and the educational the proposed project. Program; Notice Inviting Applications programs and services available to that (ii) In determining the quality of the for New Awards for Fiscal Year (FY) population unless a grantee’s State did services to be provided by the proposed 1998 not, as of October 20, 1994, have a project, the Secretary considers the system for collecting data in place. quality and sufficiency of strategies for Note to Applicants: This notice is a However, a State that develops a system ensuring equal access and treatment for complete application package. Together for collecting data on the educational eligible project participants who are with the statute authorizing the program programs and services available to all members of groups that have and the Education Department General LEP students in the State subsequent to traditionally been underrepresented Administrative Regulations (EDGAR), October 20, 1994 must meet this based on race, color, national origin, this notice contains all of the requirement. A grantee may also use gender, age, or disability. information, application forms, and funds provided under this program for (iii) In addition, the Secretary instructions needed to apply for an the training of State educational agency considers the following factors: award under this program. The statutory personnel in educational issues (A) The extent to which the services authorization for this program and the affecting limited English proficient to be provided by the proposed project application requirements that apply to children and youth. are appropriate to the needs of the this competition are contained in Selection Criteria intended recipients or beneficiaries of section 7134 of the Elementary and those services. Secondary Education Act of 1965, as (a)(1) The Secretary uses the following (B) The extent to which entities that amended by the Improving America’s selection criteria in 34 CFR 75.209 and are to be served by the proposed Schools Act of 1994 (Pub. L. 103–382, 75.210 and section 7134 of the Act to technical assistance project demonstrate enacted October 20, 1994 (the Act) (20 evaluate applications for new grants support for the project. U.S.C. 7454)). under this competition. (C) The extent to which the technical Purpose of Program: This program (2) The maximum score for all of assistance services to be provided by the provides grants to State educational these criteria is 100 points. proposed project involve the use of agencies to—(1) assist local educational (3) The maximum score for each efficient strategies, including the use of agencies in the State with program criterion is indicated in parentheses. technology, as appropriate, and the (b) The criteria.—(1) Providing for the design, capacity building, assessment of leveraging of non-project resources. education of children and youth with student performance, and program (5) Quality of project personnel. (10 limited English proficiency. (20 points) evaluation; and (2) collect data on the points) (i) The Secretary considers the The Secretary reviews each application State’s limited English proficient (LEP) quality of the personnel who will carry to determine how well the applicant population and the educational out the proposed project. effectively provides, through its own programs and services available to that (ii) In determining the quality of programs and other Federal education population. However, a State is exempt project personnel, the Secretary programs, for the education of limited from the requirements to collect data if considers the extent to which the English proficient children within its it did not, as of October 20, 1994, have applicant encourages applications for a system in place for collecting the data. State. (2) Need for project. (15 points) The employment from persons who are Eligible Applicants: State Educational members of groups that have Agencies. Secretary considers the need for the proposed project. In determining the traditionally been underrepresented Deadline for Transmittal of based on race, color, national origin, Applications: January 9, 1998. need for the proposed project, the Secretary considers the magnitude of gender, age or disability. Deadline for Intergovernmental (iii) In addition, the Secretary Review: March 10, 1998. the need for the services to be provided or the activities to be carried out by the considers the following factors: Available Funds: $5,720,000. (A) The qualifications, including Estimated Range of Awards: proposed project. (3) Quality of the project design. (25 relevant training and experience, of the $100,000–$550,000. project director or principal Estimated Number of Awards: 50. points) (i) The Secretary considers the quality of the design of the proposed investigator. Note: The Department is not bound by any project. (B) The qualifications, including estimates in this notice. (ii) In determining the quality of the relevant training and experience, of key Project Period: 36 months. design of the proposed project, the project personnel. Applicable Regulations: (a) The Secretary considers the following (6) Adequacy of resources. (5 points) Education Department General factors: (i) The Secretary considers the adequacy Administrative Regulations (EDGAR) in (A) The extent to which the goals, of resources for the proposed project. 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, objectives, and outcomes to be achieved (ii) In determining the adequacy of 85, and 86; and (b) 34 CFR Part 299, by the proposed project are clearly resources for the proposed project, the General Provisions, Elementary and specified and measurable. Secretary considers the following Secondary Education Act, published on (B) The extent to which the proposed factors: May 22, 1997, in the Federal Register project is designed to build capacity and (A) The adequacy of support, (62 FR 28248). yield results that will extend beyond the including facilities, equipment, period of Federal financial assistance. supplies, and other resources, from the Description of Program (C) The extent to which the proposed applicant organization or the lead Funds under this program are to be project will be coordinated with similar applicant organization. used to assist local educational agencies or related efforts, and with other (B) The extent to which the budget is in the State with program design, appropriate community, State, and adequate to support the proposed capacity building, assessment of student Federal resources. project. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63781

(C) The extent to which the costs are CFR 75.102). Recommendations or Application Instructions and Forms reasonable in relation to the objectives, comments may be hand-delivered until The appendix to this notice contains design, and potential significance of the 4:30 p.m. (Washington, DC time) on the the following forms and instructions, proposed project. date indicated in this notice. plus a statement regarding estimated (7) Quality of the project evaluation. Please note that the above address is public reporting burden, a notice to (10 points) (i) The Secretary considers not the same address as the one to applicants regarding compliance with the quality of the evaluation to be which the applicant submits its section 427 of the General Education conducted of the proposed project. completed application. Do not send Provisions Act, various assurances and (ii) In determining the quality of the applications to the above address. certifications, checklist for applicants, evaluation, the Secretary considers the and required documentation: following factors: Instructions for Transmittal of a. Application for Federal Assistance (A) The extent to which the methods Applications (Standard Form 424 (Rev. 4–88)) and of evaluation are thorough, feasible, and (a) If an applicant wants to apply for instructions. appropriate to the goals, objectives, and a grant, the applicant shall— b. Budget Information—Non- outcomes of the proposed project. (1) Mail the original and one copy of (B) The extent to which the methods Construction Programs (ED Form No. the application on or before the 524) and instructions. of evaluation are appropriate to the deadline date to: U.S. Department of context within which the project c. Instructions for the Application Education, Application Control Center, Narrative. operates. # Attention: (CFDA 84.194Q), d. Estimated Public Reporting Burden Intergovernmental Review of Federal Washington, DC 20202–4725, or Statement. Programs (2) Hand-deliver the original and one e. Assurances—Non-Construction copy of the application by 4:30 p.m. Programs (Standard Form 424B) and This program is subject to the (Washington, DC time) on or before the requirements of Executive Order 12372 instructions. deadline date to: U.S. Department of f. Certifications Regarding Lobbying; (Intergovernmental Review of Federal Education, Application Control Center, Programs) and the regulations in 34 CFR Debarment, Suspension and Other Attention: (CFDA# 84.194Q), Room Responsibility Matters; and Drug-Free Part 79. #3633, Regional Office Building #3, 7th The objective of the Executive order is Workplace Requirements (ED 80–0013) and D Streets, SW., Washington, DC. to foster an intergovernmental and instructions. (b) An applicant must show one of the partnership and to strengthen g. Certification Regarding Debarment, following as proof of mailing: federalism by relying on State and local Suspension, Ineligibility and Voluntary processes for State and local (1) A legibly dated U.S. Postal Service Exclusion—Lower Tier Covered government coordination and review of postmark. Transactions (ED 80–0014, 9/90) and proposed Federal financial assistance. (2) A legible mail receipt with the instructions. (NOTE: This form is Applicants must contact the date of mailing stamped by the U.S. intended for the use of grantees and appropriate State Single Point of Postal Service. should not be transmitted to the Contact to find out about, and to comply (3) A dated shipping label invoice, or Department.) with, the State’s process under receipt from a commercial carrier. h. Disclosure of Lobbying Activities Executive Order 12372. Applicants (4) Any other proof of mailing (Standard Form LLL) (if applicable) and proposing to perform activities in more acceptable to the Secretary. instructions. This document has been than one State should immediately (c) If an application is mailed through marked to reflect statutory changes. See contact the Single Point of Contact for the U.S. Postal Service, the Secretary the notice published in the Federal each of those States and follow the does not accept either of the following Register (61 FR 1413) by the Office of procedure established in each State as proof of mailing: Management and Budget on January 19, under the Executive Order. If you want (1) A private metered postmark. 1996. to know the name and address of any (2) A mail receipt that is not dated by i. Notice to All Applicants. State Single Point of Contact, see the list the U.S. Postal Service. j. Checklist for Applicants. published in the Federal Register on Notes: (1) The U.S. Postal Service does not An applicant may submit information October 7, 1997 (62 FR 52448 through uniformly provide a dated postmark. Before on a photostatic copy of the application 52450). relying on this method, an applicant should and budget forms, the assurances, and In States that have not established a check with its local post office. the certifications. However, the process or chosen a program for review, (2) The Application Control Center application form, the assurances, and State, areawide, regional, and local will mail a Grant Application Receipt the certifications must each have an entities may submit comments directly Acknowledgment to each applicant. If original signature. to the Department. an applicant fails to receive the All applicants must submit one Any State Process Recommendation notification of application receipt original signed application, including and other comments submitted by a within 15 days from the date of mailing ink signatures on all forms and State Single Point of Contact and any the application, the applicant should assurances, and one copy of the comments from State, areawide, call the U.S. Department of Education application. Please mark each regional, and local entities must be Application Control Center at (202) application as ‘‘original’’ or ‘‘copy.’’ No mailed or hand-delivered by the date 708–9495. grant may be awarded unless a indicated in this notice to the following (3) The applicant must indicate on the completed application form has been address: The Secretary, E.O. 12372— envelope and—if not provided by the received. CFDA# 84.194Q, U.S. Department of Department—in Item 10 of the FOR FURTHER INFORMATION CONTACT: Luis Education, Room 6213, 600 Application for Federal Assistance A. Catarineau, U.S. Department of Independence Avenue, SW., (Standard Form 424) the CFDA Education, 600 Independence Avenue, Washington, DC 20202–0124. Number—and suffix letter, if any—of SW., room 5623, Switzer Building, Proof of mailing will be determined the competition under which the Washington, DC 20202–6510. on the same basis as applications (see 34 application is being submitted. Telephone: (202) 205–9907. Individuals 63782 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices who use a telecommunications device estimate or suggestions for improving proposes to take to ensure equitable for the deaf (TDD) may call the Federal this form, please write to: U.S. access to, and participation in, its Information Relay Service (FIRS) at 1– Department of Education, Washington, federally assisted program for students, 800–877–8339 between 8 a.m. and 8 D.C. 20202–4651. teachers, and other program p.m., Eastern time, Monday through If you have comments or concerns beneficiaries with special needs. Friday. regarding the status of your individual This section allows applicants Individuals with disabilities may submission of this form, write directly discretion in developing the required obtain this notice in an alternate format to: Office of Bilingual Education and description. The statute highlights six (e.g., Braille, large print, audiotape, or Minority Languages Affairs, U.S. types of barriers that can impede computer diskette) on request to the Department of Education, 600 equitable access or participation that contact person listed in the preceding Independence Avenue, SW., Room you may address: gender, race, national paragraph. Please note, however, that 5623, Mary E. Switzer Building, origin, color, disability, or age. Based on the Department is not able to reproduce Washington, DC 20202–6510. local circumstances, you can determine in an alternate format the standard whether these or other barriers may Instructions for the Application forms included in the notice. prevent your students, teachers, etc. Narrative from equitable access or participation. Electronic Access to This Document Abstract Your description need not be lengthy; Anyone may view this document, as The narrative section should begin you may provide a clear and succinct well as all other Department of with an abstract that includes a short description of how you plan to address Education documents published in the description of the LEP population in the those barriers that are applicable to your Federal Register, in text or portable State, project objectives, and planned circumstances. In addition, the document format (pdf) on the World project activities. information may be provided in a single Wide Web at either of the following narrative, or, if appropriate, may be sites: Selection Criteria discussed in connection with related http://ocfo.ed.gov/fedreg.htm The narrative should address fully all topics in the application. http://www.ed.gov/news.html aspects of the selection criteria in the Section 427 is not intended to duplicate the requirements of civil To use the pdf you must have the order listed and should give detailed rights statutes, but rather to ensure that, Adobe Acrobat Reader Program with information regarding each criterion. Do in designing their projects, applicants Search, which is available free at either not simply paraphrase the criteria. for Federal funds address equity of the preceding sites. If you have Table of Contents concerns that may affect the ability of questions about using the pdf, call the certain potential beneficiaries to fully U.S. Government Printing Office toll The application should include a participate in the project and to achieve free at 1–888–293–6498. table of contents listing the sections in Anyone may also view these the order required. to high standards. Consistent with program requirements and its approved documents in text copy only on an Budget electronic bulletin board of the application, an applicant may use the Department. Telephone: (202) 219–1511 Budget line items must support the Federal funds awarded to it to eliminate or, toll free, 1–800–222–4922. The goals and objectives of the proposed barriers it identifies. project and must be directly related to documents are located under Option What Are Examples of How an the instructional design and all other G—Files/Announcements, Bulletins and Applicant Might Satisfy the project components. Press Releases. Requirement of This Provision? Note: The official version of this document Notice to All Applicants The following examples may help is the document published in the Federal Thank you for your interest in this illustrate how an applicant may comply Register. program. The purpose of this enclosure with Section 427. Program Authority: 20 U.S.C. 7454. is to inform you about a new provision (1) An applicant that proposes to Dated: November 24, 1997. in the Department of Education’s carry out an adult literacy project Delia Pompa, General Education Provisions Act serving, among others, adults with Director, Office of Bilingual Education and (GEPA) that applies to applicants for limited English proficiency, might Minority Languages Affairs. new grant awards under Department describe in its application how it Estimated Public Reporting Statement programs. This provision is section 427 intends to distribute a brochure about of GEPA, enacted as part of the the proposed project to such potential According to the Paperwork Improving American’s Schools Act of participants in their native language. Reduction Act of 1995, no persons are 1994 (Pub. L. 103-382). (2) An applicant that proposes to required to respond to a collection of develop instructional materials for information unless it displays a valid To Whom Does This Provision Apply? classroom use might describe how it OMB control number. The valid OMB Section 427 of GEPA affects will make the materials available on control number for this information applicants for new discretionary grant audio tape or in braille for students who collection is OMB No. 1885–0528 awards under this program. All are blind. (Expiration date: April 30, 1998). The applicants for new awards must include (3) An applicant that proposes to time required to complete this information in their applications to carry out a model science program for information collection is estimated to address this new provision in order to secondary students and is concerned average 60 hours per response, receive funding under this program. that girls may be less likely than boys including the time to review to enroll in the course, might indicate instructions, search existing data What Does This Provision Require? how it intends to conduct ‘‘outreach’’ resources, gather the data needed, and Section 427 requires each applicant efforts to girls, to encourage their complete and review the information for funds (other than an individual enrollment. collection. If you have any comments person) to include in its application a We recognize that many applicants concerning the accuracy of the time description of the steps the applicant may already be implementing effective Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63783 steps to ensure equity of access and you have any comments concerning the 6. Certification Regarding Debarment, participation in their grant programs, accuracy of the time estimate(s) or Suspension, Ineligibility and Voluntary and we appreciate your cooperation in suggestions for improving this form, Exclusion—Lower Tier Covered responding to the requirements of this please write to: U. S. Department of Transactions Form (ED 80–0014) (if provision. Education, Washington, DC 20202– applicable). 4651. Estimated Burden Statement 7. Disclosure of Lobbying Activities Checklist for Applicants Form (SF–LLL). According to the Paperwork The following forms and other items 8. Information that addresses section Reduction Act of 1995, no persons are must be included in the application in 427 of the General Education Provisions required to respond to a collection of the order listed below: Act. (See the above section entitled information unless it displays a valid 1. Application for Federal Assistance ‘‘Notice to all Applicants’’ (OMB No. OMB control number. The valid OMB Form (SF 424). 1801–0004).) control number for this information 2. Budget Information Form (ED Form collection is 1801–0004 (Exp. 8/31/98). No. 524). 9. Table of Contents. The time required to complete this 3. Itemized budget for each year. 10. Application narrative, including information collection is estimated to 4. Assurances—Non-Construction abstract. vary from 1 to 3 hours per response, Programs Form (SF 424B). 11. One original and one copy of the with an average of 1.5 hours, including 5. Certifications Regarding Lobbying, application for transmittal to the the time to review instructions, search Debarment, Suspension and Other existing data resources, gather and Responsibility Matters; and Drug-Free Education Department’s Application maintain the data needed, and complete Workplace Requirements Form (ED 80– Control Center. and review the information collection. If 0013). BILLING CODE 4000±01±P 63784 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63785 63786 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63787 63788 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63789 63790 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63791 63792 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63793 63794 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63795

[FR Doc. 97–31566 Filed 12–1–97; 8:45 am] BILLING CODE 4000±01±C federal register December 2,1997 Tuesday Diem Rates;Rule Federal TravelRegulation;MaximumPer 41 CFRChapter301 Administration General Services Part VI 63797 63798 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

GENERAL SERVICES amounts in certain existing per diem not required to be published in the ADMINISTRATION localities, adds new per diem localities, FEDERAL REGISTER for notice and deletes a number of previously comment. Therefore, the Regulatory 41 CFR Chapter 301 designated per diem localities, and adds Flexibility Act does not apply. This rule information to encourage employees to also is exempt from Congressional [FTR Amendment 68] stay in a fire-safe approved review prescribed under 5 U.S.C. 801 accommodation. The meals and since it relates solely to agency RIN 3090±AG43 incidental expenses (M&IE) amounts management and personnel. remain the same. Federal Travel Regulation; Maximum List of Subjects in 41 CFR Chapter 301 Per Diem Rates DATES: This final rule is effective on January 1, 1998, and applies for travel Government employees, Travel and AGENCY: Office of Governmentwide performed on or after January 1, 1998. transportation expenses. Policy, GSA. For the reasons set out in the FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. preamble 41 CFR chapter 301 is revised Joddy P. Garner, Office of to read as follows: SUMMARY: An analysis of lodging and Governmentwide Policy (MTT), meal cost survey data reveals that the Washington, DC 20405, telephone 202– PART 301±7ÐPER DIEM listing of maximum per diem rates for 501–1538. ALLOWANCES locations within the continental United SUPPLEMENTARY INFORMATION: The States (CONUS) should be updated to General Services Administration has 1. The authority citation for Part 301– provide for the reimbursement of determined that this rule is not a 7 continues to read as follows: Federal employees’ expenses covered by significant regulatory action for the Authority: 5 U.S.C. 5701–5709. per diem. This final rule increases/ purposes of Executive Order 12866 of 2. Appendix A to chapter 301 is decreases the maximum lodging September 30, 1993. This final rule is revised to read as follows:

APPENDIX A TO CHAPTER 301ÐPRESCRIBED MAXIMUM PER DIEM RATES FOR CONUS The maximum rates listed below are prescribed under § 301–7.3(a) of this chapter for reimbursement of per diem expenses incurred during official travel within CONUS (the continental United States). The amount shown in column (a) is the maximum that will be reimbursed for lodging expenses including applicable taxes. The M&IE rate shown in column (b) is a fixed amount allowed for meals and incidental expenses covered by per diem. The per diem payment calculated in accordance with part 301–7 of this chapter for lodging expenses plus the M&IE rate may not exceed the maximum per diem rate shown in column (c). Seasonal rates apply during the periods indicated. It is the policy of the Government, as reflected in the Hotel Motel Fire Safety Act of 1990 (Pub. L. No. 101– 391, September 25, 1990), referred to as ‘‘the Act’’ in this paragraph, to save lives and protect property by promoting fire safety in hotels, motels, and all places of public accommodation affecting commerce. In furtherance of the Act’s goals, employees are encouraged to stay in a facility which is fire-safe, i.e., an approved accommodation, when commercial lodging is required. Lodgings that have met the Government requirements are listed on the U. S. Fire Administration’s Internet site at http://www.usfa.fema.gov/hotel/index.htm.

Per diem locality Maximum lodging Maximum amount M&IE per diem (includes + = 4 1 2 3 rate rate Key city County and/or other defined location , applicable (c) taxes) (b) (a)

CONUS, Standard rate ...... $50 $30 $80 (Applies to all locations within CONUS not specifically listed below or encompassed by the boundary definition of a listed point. However, the standard CONUS rate applies to all loca- tions within CONUS, including those defined below, for certain relocation subsistence allow- ances. See parts 302±2, 302±4, and 302±5 of this subtitle.) ALABAMA Birmingham ...... Jefferson ...... 64 38 102 Gulf Shores ...... Baldwin. (May 1±September 30) ...... 104 34 138 (October 1±April 30) ...... 60 34 94 Huntsville ...... Madison ...... 64 34 98 Mobile ...... Mobile ...... 62 38 100 Montgomery ...... Montgomery ...... 67 30 97 ARIZONA Casa Grande ...... Pinal. (January 1±April 30) ...... 61 30 91 (May 1±December 31) ...... 54 30 84 Chinle ...... Apache. (April 1±October 31) ...... 93 30 123 (November 1±March 31) ...... 60 30 90 Flagstaff ...... All points in Coconino County not covered under Grand Canyon per diem area.. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63799

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

(April 1±October 31) ...... 79 34 113 (November 1±March 31) ...... 59 34 93 Grand Canyon ...... All points in the Grand Canyon National Park and 111 38 149 Kaibab National Forest within Coconino County. Kayenta ...... Navajo. (April 1±October 31) ...... 105 30 135 (November 1±March 31) ...... 68 30 98 Phoenix/Scottsdale ...... Maricopa. (October 1±May 14) ...... 106 38 144 (May 15±September 30) ...... 72 38 110 Prescott ...... Yavapai ...... 59 34 93 Sierra Vista ...... Cochise ...... 56 30 86 Tucson ...... Pima County; Davis-Monthan AFB. (November 1±May 31) ...... 85 34 119 (June 1±October 31) ...... 67 34 101 Yuma ...... Yuma ...... 64 30 94 ARKANSAS Little Rock ...... Pulaski ...... 61 30 91 CALIFORNIA Clearlake ...... Lake ...... 65 34 99 Death Valley ...... Inyo ...... 93 42 135 Eureka ...... Humboldt ...... 76 34 110 Fresno ...... Fresno ...... 70 34 104 Los Angeles ...... Los Angeles, Kern, Orange and Ventura Counties; 109 42 151 Edwards AFB; Naval Weapons Center and Ord- nance Test Station, China Lake. Mammoth Lakes/Bridgeport ...... Mono ...... 83 42 125 Merced ...... Merced ...... 54 34 88 Modesto ...... Stanislaus ...... 63 34 97 Monterey ...... Monterey ...... 94 38 132 Napa ...... Napa. (April 1±October 31) ...... 116 42 158 (November 1±March 31) ...... 103 42 145 Oakhurst/Madera ...... Madera ...... 61 30 91 Oakland ...... Alameda, Contra Costa and Marin ...... 111 34 145 Ontario ...... San Bernardino ...... 66 38 104 Palm Springs ...... Riverside. (November 1±May 31) ...... 81 38 119 (April 1±October 31) ...... 50 38 88 Palo Alto/San Jose ...... Santa Clara ...... 116 42 158 Point Arena/Gualala ...... Mendicino ...... 120 42 162 Redding ...... Shasta ...... 53 34 87 Redwood City/San Mateo ...... San Mateo ...... 87 38 125 Sacramento ...... Sacramento ...... 81 38 119 San Diego ...... San Diego ...... 93 38 131 San Francisco ...... San Francisco ...... 120 42 162 San Luis Obispo ...... San Luis Obispo ...... 66 38 104 Santa Barbara ...... Santa Barbara ...... 98 34 132 Santa Cruz ...... Santa Cruz. (June 1±September 30) ...... 87 38 125 (October 1±May 31) ...... 51 38 89 Santa Rosa ...... Sonoma ...... 64 38 102 South Lake Tahoe ...... El Dorado (See also Stateline, NV.) ...... 96 38 134 Stockton ...... San Joaquin ...... 55 34 89 Tahoe City ...... Placer ...... 94 38 132 Visalia ...... Tulare ...... 55 38 93 West Sacramento ...... Yolo ...... 88 30 118 Yosemite Nat'l Park ...... Mariposa. (April 1±October 31) ...... 87 42 129 (November 1±April 30) ...... 59 42 101 COLORADO Aspen ...... Pitkin ...... 145 42 187 Boulder ...... Boulder. (May 1±October 31) ...... 92 38 130 (November 1±April 30) ...... 70 38 108 Colorado Springs ...... El Paso. 63800 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

(April 1±October 31) ...... 76 30 106 (November 1±March 31) ...... 63 30 93 Cortez ...... Montezuma. May 1±September 30) ...... 57 30 87 October 1±April 30) ...... 50 30 80 Denver ...... Denver, Adams, Arapahoe and Jefferson ...... 92 34 126 Durango ...... La Plata. (June 1±October 31) ...... 100 34 134 (November 1±May 31) ...... 50 34 84 Fort Collins/Loveland ...... Larimer ...... 55 30 85 Glenwood Springs ...... Garfield ...... 69 34 103 Grand Junction ...... Mesa ...... 56 30 86 Gunnison ...... Gunnison. (June 1±September 30) ...... 62 30 92 (October 1±May 31) ...... 50 30 80 Keystone/Silverthorne ...... Summit ...... 170 42 212 Montrose ...... Montrose ...... 60 30 90 Pueblo ...... Pueblo. (June 1±September 30) ...... 67 30 97 (October 1±May 31) ...... 57 30 87 Steamboat Springs ...... Routt. (December 1±March 31) ...... 97 34 131 (April 1±November 30) ...... 50 34 84 Telluride ...... San Miguel. (November 1±March 31) ...... 129 38 167 (April 1±October 31) ...... 110 38 148 Trinidad ...... Las Animas. (June 1±September 30) ...... 67 30 97 (October 1±May 31) ...... 50 30 80 Vail ...... Eagle. (November 1±March 31) ...... 226 42 268 (April 1±October 31) ...... 99 42 141 CONNECTICUT Bridgeport/Danbury ...... Fairfield ...... 96 38 134 Hartford ...... Hartford and Middlesex ...... 91 30 121 New Haven ...... New Haven ...... 87 30 117 New London/Groton ...... New London. (June 1±October 31) ...... 87 34 121 (November 1±May 31) ...... 50 34 84 Putnam/Danielson ...... Windham ...... 84 30 114 Salisbury/Lakeville ...... Litchfield ...... 69 34 103 Vernon ...... Tolland ...... 54 30 84 DELAWARE Dover ...... Kent. (May 1±September 30) ...... 60 34 94 (October 31±April 30) ...... 54 34 88 Lewes ...... Sussex. (June 1±September 14) ...... 123 38 161 (September 15±May 31) ...... 92 38 130 Wilmington ...... New Castle ...... 93 38 131 DISTRICT OF COLUMBIA Washington, DC (also the cities of Alexandria, Falls Church, and Fairfax, and the counties of 126 42 168 Arlington, Loudoun, and Fairfax in Virginia; and the counties of Montgomery and Prince George's in Maryland) (See also Maryland and Virginia.) FLORIDA Altamonte Springs ...... Seminole ...... 81 34 115 Bradenton ...... Manatee. (January 1±May 14) ...... 76 30 106 (May 15±December 31) ...... 50 30 80 Cocoa Beach ...... Brevard ...... 84 34 118 Daytona Beach ...... Volusia. (February 1±August 31) ...... 90 34 124 (September 1±January 31) ...... 54 34 88 Fort Lauderdale ...... Broward. (December 15±April 30) ...... 104 34 138 (May 1±December 14) ...... 72 34 106 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63801

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

Fort Myers ...... Lee. (January 1±April 30) ...... 98 34 132 (May 1±December 31) ...... 53 34 87 Fort Pierce ...... Saint Lucie. (December 1±April 30) ...... 61 30 91 (May 1±November 30) ...... 50 30 80 Fort Walton Beach ...... Okaloosa ...... 80 30 110 Gainesville ...... Alachua ...... 64 34 98 Gulf Breeze ...... Santa Rosa ...... 65 34 99 Jacksonville ...... Duval County; Naval Station Mayport ...... 73 30 103 Key West ...... Monroe. (December 15±April 30) ...... 147 42 189 (May 1±December 14) ...... 94 42 136 Kissimmee ...... Osceola ...... 74 30 104 Lakeland ...... Polk ...... 63 30 93 Miami ...... Dade. (December 15±April 30) ...... 89 42 131 (May 1±December 14) ...... 71 42 113 Naples ...... Collier. (December 15±April 30) ...... 126 38 164 (May 1±December 14) ...... 65 38 103 Orlando ...... Orange ...... 77 34 111 Panama City ...... Bay. (March 1±September 14) ...... 77 30 107 (September 15±February 29) ...... 59 30 89 Pensacola ...... Escambia ...... 59 34 93 Punta Gorda ...... Charlotte. (December 15±April 14) ...... 76 34 110 (April 15±December 14) ...... 54 34 88 Saint Augustine ...... Saint Johns ...... 65 34 99 Sarasota ...... Sarasota. (December 15±April 30) ...... 89 34 123 (May 1±December 14) ...... 52 34 86 Stuart ...... Martin. (January 1±April 30) ...... 69 34 103 (May 1±December 14) ...... 63 34 97 Tallahassee ...... Leon ...... 66 34 100 Tampa/St. Petersburg ...... Hillsborough and Pinellas. (January 1±April 30) ...... 103 38 141 (May 1±December 14) ...... 81 38 119 Vero Beach ...... Indian River. (January 15±April 30) ...... 63 30 93 (May 1±January 14) ...... 50 30 80 West Palm Beach ...... Palm Beach. (January 1±April 30) ...... 94 38 132 (May 1±December 31) ...... 67 38 105 GEORGIA Albany ...... Dougherty ...... 58 30 88 Athens ...... Clarke ...... 58 34 92 Atlanta ...... Clayton, De Kalb, Fulton, Cobb and Gwinnett ...... 97 38 135 Augusta ...... Richmond ...... 70 30 100 Columbus ...... Muscogee ...... 63 30 93 Conyers ...... Rockdale ...... 65 30 95 Macon ...... Bibb ...... 86 30 116 Savannah ...... Chatham ...... 71 34 105 IDAHO Boise ...... Ada ...... 68 34 102 Coeur d'Alene ...... Kootenai. (May 1±September 30) ...... 56 34 90 (October 1±April 30) ...... 50 34 84 Idaho Falls ...... Bonneville ...... 56 34 90 Ketchum/Sun Valley ...... Blaine ...... 87 38 125 McCall ...... Valley ...... 59 34 93 Stanley ...... Custer. (June 1±September 30) ...... 57 34 91 (October 1±May 31) ...... 50 34 84 63802 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

ILLINOIS Aurora ...... Kane ...... 56 30 86 Champaign/Urbana ...... Champaign ...... 56 34 90 Chicago ...... Du Page, Cook and Lake ...... 120 42 162 Elgin ...... King ...... 59 30 89 Joliet ...... Will ...... 52 30 82 Peoria ...... Peoria ...... 54 34 88 Rock Island ...... Rock Island ...... 85 30 115 Rockford ...... Winnebago ...... 65 38 103 Springfield ...... Sangamon ...... 55 30 85 INDIANA Bloomington/Crane ...... Monroe and Martin ...... 56 34 90 Carmel ...... Hamilton. (June 1±September 30) ...... 82 38 120 (October 1±May 31) ...... 73 38 111 Fort Wayne ...... Allen ...... 52 30 82 Indianapolis ...... Marion County; Fort Benjamin Harrison ...... 79 38 117 Lafayette ...... Tippecanoe ...... 54 34 88 Michigan City ...... La Porte ...... 57 30 87 Muncie ...... Delaware ...... 52 30 82 Nashville ...... Brown. (June 1±October 31) ...... 117 30 147 (November 1±May 31) ...... 65 30 95 South Bend ...... St. Joseph ...... 61 30 91 Valparaiso/Burlington Beach ...... Porter ...... 65 30 95 IOWA Bettendorf/Davenport ...... Scott ...... 60 30 90 Cedar Rapids ...... Linn ...... 52 34 86 Des Moines ...... Polk ...... 68 30 98 KANSAS Kansas City ...... Johnson and Wyandotte (See also Kansas City, 88 42 130 MO.). Wichita ...... Sedgwick ...... 62 34 96 KENTUCKY Covington ...... Kenton ...... 64 34 98 Florence ...... Boone ...... 59 30 89 Lexington ...... Fayette ...... 62 34 96 Louisville ...... Jefferson ...... 71 38 109 LOUISIANA Baton Rouge ...... East Baton Rouge Parish ...... 67 34 101 Bossier City ...... Bossier Parish ...... 60 30 90 Gonzales ...... Ascension Parish ...... 57 30 87 Lake Charles ...... Calcasieu Parish ...... 83 30 113 New Orleans ...... Parishes of Jefferson, Orleans, Plaquemines and St. 88 42 130 Bernard. Opelouses ...... St. Landry ...... 62 30 92 Shreveport ...... Caddo Parish ...... 60 34 94 St. Francisville ...... West Feliciana ...... 88 30 118 MAINE Bangor ...... Penobscot. (July 1±October 31) ...... 59 30 89 (November 1±June 30) ...... 50 30 80 Bar Harbor ...... Hancock. (July 1±September 14) ...... 138 34 172 (September 15±June 30) ...... 63 34 97 Bath ...... Sagadahoc. (June 1±September 30) ...... 61 30 91 (October 1±June 30) ...... 52 30 82 Calais ...... Washington. (July 1±September 30) ...... 59 30 89 (October 1±June 30) ...... 50 30 80 Kennebunk/Sanford ...... York. (May 1±September 30) ...... 91 34 125 (October 1±April 30) ...... 59 34 93 Kittery ...... Portsmouth Naval Shipyard (See also Portsmouth, NH.). Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63803

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

(June 1±October 31) ...... 81 34 115 (Novenber 1±May 31) ...... 57 34 91 Portland ...... Cumberland. (July 1±October 31) ...... 86 38 124 (November 1±June 30) ...... 63 38 101 Rockport ...... Knox. (June 15±October 31) ...... 102 34 136 (November 1±June 14) ...... 58 34 92 Wiscasset ...... Lincoln. (July 1±September 14) ...... 100 30 130 (September 15±June 30) ...... 64 30 94 MARYLAND (For the counties of Montgomery and Prince George's, see District of Columbia.) Annapolis ...... Anne Arundel ...... 96 38 134 Baltimore ...... Baltimore and Harford ...... 110 38 148 Columbia ...... Howard ...... 92 42 134 Frederick ...... Frederick ...... 56 38 94 Grasonville ...... Queen Annes ...... 59 34 93 Hagerstown ...... Washington ...... 54 30 84 Lexington Park/St. Inigoes/ Saint Mary's ...... 59 34 93 Leonardtown. Lusby ...... Calvert ...... 59 34 93 Ocean City ...... Worcester. (May 1±September 30) ...... 145 42 187 (October 1±April 30) ...... 50 42 92 Salisbury ...... Wicomico ...... 58 34 92 St. Michaels ...... Talbot. (April 1±November 30) ...... 130 38 168 (December 1±March 31) ...... 103 38 141 MASSACHUSETTS Andover ...... Essex ...... 78 38 116 Boston ...... Suffolk ...... 116 42 158 Cambridge/Lowell ...... Middlesex. (April 1±November 30) ...... 127 34 161 (September 15±May 31) ...... 116 34 150 Greenfield/South Deerfield ...... Franklin ...... 55 30 85 Hyannis ...... Barnstable. (July 1±September 30) ...... 104 38 142 (October 1±June 30) ...... 55 38 93 Martha's Vineyard ...... Dukes. (June 1±October 31) ...... 159 42 201 (November 1±May 31) ...... 92 42 134 Nantucket ...... Nantucket. (June 1±October 31) ...... 149 42 191 (November 1±May 31) ...... 92 42 134 Northampton ...... Hampshire ...... 68 30 98 Pittsfield ...... Berkshire ...... 52 34 86 Plymouth ...... Plymouth. (June 15±October 31) ...... 92 30 122 (November 1±June 14) ...... 70 30 100 Quincy ...... Norfolk ...... 77 34 111 Springfield ...... Hampden ...... 67 30 97 Taunton/New Bedford ...... Bristol ...... 64 30 94 Worcester ...... Worcester ...... 61 30 91 MICHIGAN Ann Arbor ...... Washtenaw ...... 75 30 105 Charlevoix ...... Charlevoix. (June 1±September 30) ...... 70 30 100 (October 1±May 31) ...... 50 30 80 Detroit ...... Wayne ...... 89 38 127 East Lansing/Lansing ...... Ingham ...... 72 30 102 Flint ...... Genesee ...... 57 30 87 Frankfort ...... Benzie ...... 76 30 106 Gaylord ...... Otsego ...... 59 34 93 Grand Rapids ...... Kent ...... 62 34 96 Holland ...... Ottawa ...... 64 30 94 Kalamazoo ...... Kalamazoo ...... 54 30 84 63804 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

Leland ...... Leelanau. (May 1±September 30) ...... 100 30 130 (October 1±April 30) ...... 53 30 83 Mackinac Island ...... Mackinac. (June 1±September 30) ...... 94 38 132 (October 1±May 31) ...... 61 38 99 Manistee ...... Manistee. (June 1±September 30) ...... 63 30 93 (October 1±May 31) ...... 50 30 80 Midland ...... Midland ...... 58 30 88 Mount Pleasant ...... Isabella ...... 56 30 86 Muskegon ...... Muskegon ...... 61 30 91 Ontonagon ...... Ontonagon ...... 55 30 85 Petoskey ...... Emmet. (June 1±October 31) ...... 56 34 90 (November 1±May 31) ...... 50 34 84 Pontiac/Troy ...... Oakland ...... 93 38 131 Sault Ste Marie ...... Chippewa. (June 1±October 31) ...... 77 34 111 (November 1±May 31) ...... 60 34 94 South Haven ...... Van Buren. (May 1±September 30) ...... 85 30 115 (October 1±April 30) ...... 54 30 84 Traverse City ...... Grand Traverse. (May 1±September 30) ...... 97 34 131 (October 1±April 30) ...... 58 34 92 Warren ...... Macomb ...... 61 30 91 MINNESOTA Duluth ...... St. Louis. (June 1±September 30) ...... 66 38 104 (October 1±May 31) ...... 57 38 95 Minneapolis/St. Paul ...... Anoka, Hennepin, and Ramsey Counties; Fort 91 38 129 Snelling Military Reservation and Navy Astronau- tics Group (Detachment BRAVO), Rosemount. Rochester ...... Olmsted ...... 68 30 98 MISSISSIPPI Biloxi/Gulfport/Pascagoula/Bay St. Harrison, Jackson, and Hancock ...... 79 34 113 Louis. Jackson ...... Hinds ...... 65 34 99 Ridgeland ...... Madison ...... 55 34 89 Robinsonville ...... Tunica ...... 51 30 81 Vicksburg ...... Warren ...... 56 30 86 MISSOURI Branson ...... Taney. (May 1±October 31) ...... 68 30 98 (November 1±April 30) ...... 54 30 84 Cape Girardeau ...... Cape Girardeau ...... 54 30 84 Hannibal ...... Marion ...... 55 30 85 Jefferson City ...... Cole ...... 52 30 82 Kansas City ...... Clay, Jackson and Platte (See also Kansas City, 88 42 130 KS.). Lake Ozark ...... Miller ...... 55 34 89 Osage Beach ...... Camden ...... 55 34 89 Springfield ...... Greene ...... 53 34 87 St. Louis ...... St. Charles and St. Louis ...... 75 42 117 MONTANA Great Falls ...... Cascade ...... 52 30 82 Polson/Kalispell ...... Lake ...... 54 30 84 West Yellowstone Park ...... Gallatin ...... 52 30 82 NEBRASKA Lincoln ...... Lancaster ...... 51 30 81 Omaha ...... Douglas ...... 67 34 101 NEVADA Elko ...... All points in Elko County excluding Wendover ...... 57 30 87 Incline Village ...... All points in the Northern Lake Tahoe area within Washoe County. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63805

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

(June 1±September 30) ...... 119 38 157 (October 1±May 31) ...... 76 38 114 Las Vegas ...... Clark County; Nellis AFB ...... 80 38 118 Reno ...... All points in Washoe County not covered under In- 57 34 91 cline Village per diem locality. Stateline ...... Douglas (See also South Lake Tahoe, CA.) ...... 96 38 134 Winnemucca ...... Humboldt ...... 51 30 81 NEW HAMPSHIRE Concord ...... Merrimack. (June 1±October 31) ...... 68 30 98 (November 1±May 31) ...... 50 30 80 Conway ...... Carroll. (June 1±October 31) ...... 81 34 115 (November 1±May 31) ...... 54 34 88 Durham ...... Strafford. (May 1±October 31) ...... 71 30 101 (November 1±April 30) ...... 63 30 93 Hanover ...... Grafton and Sullivan. (June 1±October 31) ...... 113 38 151 (November 1±May 31) ...... 86 38 124 Laconia ...... Belknap ...... 70 30 100 Manchester ...... Hillsborough ...... 73 30 103 Portsmouth/Newington ...... Rockingham County; Pease AFB (See also Kittery, ME.). (June 1±October 31) ...... 81 34 115 (November 1±May 31) ...... 57 34 91 NEW JERSEY Atlantic City ...... Atlantic ...... 84 38 122 Cherry Hill/Camden/Moorestown ...... Camden ...... 74 38 112 Flemington ...... Hunterdon ...... 80 34 114 Freehold/Eatontown ...... Monmouth County; Fort Monmouth ...... 89 34 123 Millville ...... Cumberland ...... 54 34 88 Newark ...... Bergen, Essex, Hudson, Passaic and Union ...... 94 42 136 Ocean City/Cape May ...... Cape May. (May 15±September 30) ...... 165 30 195 (October 1±May 14) ...... 95 30 125 Parsippany/Dover ...... Morris County; Picatinny Arsenal ...... 118 38 156 Piscataway/Edison ...... Middlesex ...... 105 38 143 Princeton/Trenton ...... Mercer ...... 87 38 125 Tom's River ...... Ocean. (June 1±September 30) ...... 69 34 103 (October 1±May 31) ...... 63 34 97 NEW MEXICO Albuquerque ...... Bernalillo ...... 70 34 104 Farmington ...... San Juan ...... 53 34 87 Gallup ...... McKinley ...... 58 30 88 Los Alamos ...... Los Alamos ...... 81 34 115 Santa Fe ...... Santa Fe. (May 1±October 31) ...... 122 42 164 (November 1±April 30) ...... 83 42 125 Taos ...... Taos ...... 66 34 100 NEW YORK Albany ...... Albany ...... 68 38 116 Batavia ...... Genesee. (May 1±September 30) ...... 67 34 101 (October 1±April 30) ...... 50 34 84 Binghamton ...... Broome ...... 54 34 88 Buffalo ...... Erie ...... 78 38 116 Corning ...... Steuben ...... 59 30 89 Elmira ...... Chemung ...... 53 30 83 Glens Falls ...... Warren. (June 1±October 31) ...... 74 38 112 (November 1±May 31) ...... 63 38 101 Ithaca ...... Tompkins ...... 56 30 86 Kingston ...... Ulster ...... 52 34 86 Lake Placid ...... Essex. (June 1±November 14) ...... 75 34 109 63806 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

(November 15±May 31) ...... 59 34 93 New York City ...... The boroughs of the Bronx, Brooklyn, Manhattan, 198 42 240 Queens and Staten Island; Nassau and Suffolk Counties. Niagara Falls ...... Niagara. (May 15±October 31) ...... 65 34 99 (November 1±May 14) ...... 50 34 84 Nyack/Palisades ...... Rockland ...... 53 34 87 Owego ...... Tioga ...... 63 30 93 Palisades/Nyack ...... Rockland ...... 61 30 91 Plattsburgh ...... Clinton ...... 58 34 92 Poughkeepsie ...... Dutchess ...... 74 30 104 Rochester ...... Monroe ...... 65 42 107 Saratoga Springs ...... Saratoga. (May 1±October 31) ...... 104 38 142 (November 1±April 30) ...... 56 38 94 Schenectady ...... Schenectady ...... 52 34 86 Syracuse ...... Onondaga ...... 71 34 105 Tarrytown/White Plains ...... Westchester ...... 114 42 156 Utica ...... Oneida ...... 66 34 100 Waterloo/Romulus ...... Seneca ...... 69 30 99 Watertown ...... Jefferson ...... 59 30 89 Watkins Glen ...... Schuyler ...... 60 30 90 West Point ...... Orange ...... 57 30 87 NORTH CAROLINA Asheville ...... Buncombe ...... 52 34 86 Charlotte ...... Mecklenburg ...... 71 38 109 Fayetteville ...... Cumberland ...... 82 30 112 Greensboro/High Point ...... Guilford ...... 67 34 101 Kill Devil/Duck/Outerbanks ...... Dare. (May 1±September 30) ...... 118 34 152 (October 1±April 30) ...... 50 34 84 Morehead City ...... Carteret. (April 1±August 31) ...... 64 30 94 (September 1±March 31) ...... 50 30 80 New Bern/Havelock ...... Craven ...... 84 30 114 Research Park/Raleigh/Durham/Chap- Wake, Durham and Orange ...... 96 38 134 el Hill. Wilmington ...... New Hanover. (March 1±September 30) ...... 65 30 95 (October 1±February 29) ...... 55 30 85 Winston±Salem ...... Forsyth ...... 80 34 114 NORTH DAKOTA (See footnote 5) OHIO Akron ...... Summit ...... 72 34 106 Cambridge ...... Guernsey. (June 1±October 31) ...... 61 30 91 (November 1±May 31) ...... 50 30 80 Canton ...... Stark ...... 58 30 88 Cincinnati/Evendale ...... Hamilton and Warren ...... 76 34 110 Cleveland ...... Cuyahoga ...... 83 38 121 Columbus ...... Franklin ...... 81 34 115 Dayton/Fairborn ...... Montgomery and Greene; Wright-Patterson AFB ...... 74 30 104 Elyria ...... Lorain. (May 1±September 30) ...... 89 30 119 (October 1±April 30) ...... 54 30 84 Fairfield/Hamilton ...... Butler ...... 58 30 88 Geneva ...... Ashtabula ...... 75 30 105 Jackson ...... Jackson and Pike ...... 54 30 84 Lancaster ...... Fairfield ...... 53 30 83 Norwalk/Bellevue ...... Huron. (May 1±September 30) ...... 73 30 103 (October 1±April 30) ...... 50 30 80 Port Clinton/Oakharbor ...... Ottawa. (June 1±September 30) ...... 89 30 119 (October 1±May 31) ...... 50 30 80 Sandusky ...... Erie. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63807

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

(May 1±September 30) ...... 109 30 139 (October 1±April 30) ...... 50 30 80 Springfield ...... Clark ...... 56 34 90 Toledo ...... Lucas ...... 57 34 91 OKLAHOMA Norman ...... Cleveland ...... 59 30 89 Oklahoma City ...... Oklahoma ...... 65 30 95 Tulsa/Bartlesville ...... Osage, Tulsa and Washington ...... 54 30 84 OREGON Ashland/Medford ...... Jackson. (June 1±October 31) ...... 83 38 121 (November 1±May 31) ...... 50 38 88 Beaverton ...... Washington ...... 68 38 106 Bend ...... Deschutes ...... 70 30 100 Clackamas/Milwaukie ...... Clackamas ...... 65 30 95 Coos Bay ...... Coos ...... 60 30 90 Florence/Eugene ...... Lane. (July 1±September 30) ...... 72 34 106 (October 1±June 30) ...... 52 34 86 Gold Beach ...... Curry. (May 15±October 31) ...... 69 30 99 (November 1±May 14) ...... 50 30 80 Klamath Falls ...... Klamath ...... 69 38 107 Lincoln City/Newport ...... Lincoln. (June 1±October 31) ...... 85 38 123 (November 1±May 31) ...... 58 38 96 Portland ...... Multnomah ...... 89 38 127 Salem ...... Marion ...... 56 30 86 Seaside ...... Clatsop ...... 59 30 89 PENNSYLVANIA Allentown ...... Lehigh ...... 66 34 100 Beaver Falls ...... Beaver ...... 54 30 84 Chester/Radnor ...... Delaware ...... 99 42 141 Gettysburg ...... Adams. (May 1±October 31) ...... 72 34 106 (November 1±April 30) ...... 53 34 87 King of Prussia/Ft. Washington ...... Montgomery County, except Bala Cynwyd (See also 84 38 122 Philadelphia, PA.). Lancaster ...... Lancaster ...... 63 34 97 Mechanicsburg ...... Cumberland ...... 65 30 95 Mercer ...... Mercer ...... 52 30 82 Philadelphia ...... Philadelphia County; city of Bala Cynwyd in Mont- 113 38 151 gomery County. Pittsburgh ...... Allegheny ...... 90 38 128 Reading ...... Berks ...... 57 30 87 Scranton ...... Lackawanna ...... 61 34 95 Warminster ...... Bucks County; Naval Air Development Center ...... 54 34 88 Valley Forge/Malvern ...... Chester ...... 95 38 133 RHODE ISLAND East Greenwich ...... Kent County; Naval Construction Battalion Center, 59 34 93 Davisville. Newport/Block Island ...... Newport and Washington. (May 1±October 14) ...... 111 42 153 (October 15±April 30) ...... 81 42 123 Providence ...... Providence ...... 83 42 125 SOUTH CAROLINA Aiken ...... Aiken ...... 70 30 100 Charleston ...... Charleston and Berkeley ...... 100 34 134 Columbia ...... Richland ...... 55 30 85 Greenville ...... Greenville ...... 74 38 112 Hilton Head ...... Beaufort. (March 1±September 30) ...... 128 34 162 (October 1±February 29) ...... 69 34 103 Myrtle Beach ...... Horry County; Myrtle Beach AFB. (May 1±September 30) ...... 141 34 175 (October 1±April 30) ...... 60 34 94 63808 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

Spartanburg ...... Spartanburg ...... 54 30 84 SOUTH DAKOTA Custer ...... Custer. (June 1±September 30) ...... 64 30 94 (October 1±May 31) ...... 50 30 80 Hot Springs ...... Fall River. (May 1±September 30) ...... 70 30 100 (October 1±April 30) ...... 50 30 80 Rapid City ...... Pennington. (June 1±August 31) ...... 84 30 114 (September 1±May 31) ...... 50 30 80 Sioux Falls ...... Minnehaha ...... 56 30 86 Sturgis ...... Meadeence. (June 15±August 31) ...... 86 30 116 (September 15±April 30) ...... 50 30 80 TENNESSEE Chattanooga ...... Hamilton ...... 62 30 92 Gatlinburg ...... Sevier. (May 1±November 30) ...... 85 34 119 (December 1±April 30) ...... 61 34 95 Knoxville ...... Knox County; city of Oak Ridge ...... 59 34 93 Memphis ...... Shelby ...... 79 30 109 Murfreesboro ...... Rutherford ...... 52 30 82 Nashville ...... Davidson ...... 91 38 129 Townsend ...... Blount. (May 1±October 31) ...... 77 30 107 (November 1±April 30) ...... 50 30 80 TEXAS Abilene ...... Taylor ...... 55 30 85 Amarillo ...... Potter ...... 59 30 89 Austin ...... Travis ...... 85 34 119 College Station/Bryan ...... Brazos ...... 61 30 91 Corpus Christi/Ingelside ...... Nueces and San Patricio ...... 62 30 92 Dallas/Fort Worth ...... Dallas and Tarrant ...... 94 42 136 Eagle Pass ...... Maverick ...... 57 34 91 El Paso ...... El Paso ...... 56 30 86 Fort Davis ...... Jeff Davis ...... 62 30 92 Galveston ...... Galveston ...... 68 42 110 Granbury ...... Hood ...... 53 30 83 Houston ...... Harris County; L.B. Johnson Space Center and 79 38 117 Ellington AFB. Killeen/Temple ...... Bell ...... 59 30 89 Lajitas ...... Brewster. (September 1±May 31) ...... 64 30 94 (June 1±August 31) ...... 51 30 81 Lubbock ...... Lubbock ...... 60 34 94 McAllen ...... Hidalgo ...... 69 30 99 Midland/Odessa ...... Ector and Midland ...... 52 30 82 Plano ...... Collin ...... 58 34 92 San Antonio ...... Bexar ...... 91 34 125 Tyler ...... Smith ...... 60 30 90 Victoria ...... Victoria ...... 54 30 84 Waco ...... McLennan ...... 64 30 94 UTAH Bullfrog ...... Garfield ...... 85 34 119 Cedar City ...... Iron. (June 1±September 30) ...... 67 30 97 (October 1±May 31) ...... 50 30 80 Moab ...... Grand ...... 77 30 107 Park City ...... Summit. (December 1±March 31) ...... 145 42 187 (April 1±November 30) ...... 92 42 134 Provo ...... Utah ...... 60 34 94 Salt Lake City/Ogden ...... Salt Lake, Weber, and Davis Counties; Dugway 83 38 121 Proving Ground and Tooele Army Depot. VERMONT Burlington/St. Albans ...... Chittenden and Franklin ...... 68 34 102 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63809

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

Manchester ...... Bennington ...... 75 34 109 Middlebury ...... Addison ...... 83 34 117 Montpelier ...... Washington ...... 86 30 116 Rutland ...... Rutland. (December 15±March 31) ...... 62 30 92 (April 1±December 14) ...... 52 30 82 White River Junction ...... Windsor. (June 1±October 31) ...... 113 30 143 (November 1±May 31) ...... 86 30 116 VIRGINIA (For the cities of Alexandria, Fairfax, and Falls Church, and the counties of Arlington, Fairfax, and Loudoun, see District of Columbia.) Blacksburg ...... Montgomery ...... 52 30 82 Charlottesville* ...... 55 42 97 Harrisonburg ...... Harrisburg ...... 54 30 84 Lexington* ...... 52 30 82 Lynchburg* ...... 65 34 99 Richmond* ...... Chesterfield and Henrico Counties; also Defense 77 38 115 Supply Center. Roanoke* ...... Roanoke ...... 51 34 85 Virginia Beach* ...... Virginia Beach (also Norfolk, Portsmouth and Chesa- peake)*. (May 1±September 30) ...... 107 38 145 (October 1±April 30) ...... 64 38 102 Wallops Island ...... Accomack. (June 1±October 14) ...... 61 30 91 (October 15±May 31) ...... 50 30 80 Williamsburg* ...... Williamsburg (also Hampton, Newport News, York County, Naval Weapons Station, Yorktown)*. (April 1±October 31) ...... 99 34 133 (November 1±March 31) ...... 59 34 93 Wintergreen ...... Nelson ...... 101 42 143 *Denotes independent cities. WASHINGTON Anacortes/Mt. Vernon/Whidbey Island Skagit and Island ...... 54 34 88 Bellingham ...... Whatcom ...... 54 34 88 Bremerton ...... Kitsap ...... 66 30 96 Friday Harbor ...... San Juan. (June1±October 31) ...... 129 38 167 (November 1±May 31) ...... 74 38 112 Lynnwood/Everett ...... Snohomish ...... 77 34 111 Ocean Shores ...... Grays Harbor. (April 1±September 30) ...... 73 34 107 (October 1±March 31) ...... 50 34 84 Olympia/Tumwater ...... Thurston ...... 64 30 94 Port Angeles ...... Clallam. (May 15±September 30) ...... 71 34 105 (October 1±May 14) ...... 50 34 84 Port Townsend ...... Jefferson. (April 15±October 31) ...... 63 30 93 (November 1±April 14) ...... 53 30 83 Seattle ...... King ...... 116 38 154 Spokane ...... Spokane ...... 74 38 112 Tacoma ...... Pierce ...... 83 30 113 Vancouver ...... Clark ...... 62 34 96 WEST VIRGINIA Berkeley Springs ...... Morgan ...... 89 30 119 Charleston ...... Kanawha ...... 52 30 82 Martinsburg ...... Berkeley ...... 62 30 92 Morgantown ...... Monongalia ...... 71 30 101 Parkersburg ...... Wood ...... 57 30 87 Wheeling ...... Ohio ...... 59 34 93 WISCONSIN Appleton ...... Outagamie ...... 57 30 87 Brookfield ...... Waukesha ...... 74 38 112 Eau Claire ...... Eau Claire ...... 54 34 88 Green Bay ...... Brown ...... 61 30 91 63810 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

Per diem locality Maximum lodging amount Maximum (includes + M&IE = per diem rate rate 4 Key city 1 County and/or other defined location 2 , 3 applicable taxes) (b) (c) (a)

La Crosse ...... La Crosse ...... 52 34 86 Lake Geneva ...... Walworth. (May 1±October 31) ...... 69 34 103 (November 1±April 30) ...... 51 34 85 Madison ...... Dane ...... 72 34 106 Milwaukee ...... Milwaukee ...... 77 34 111 Oshkosh ...... Winnebago ...... 57 34 91 Plymouth/Sheboygan ...... Sheboygan ...... 52 30 82 Racine/Kenosha ...... Racine and Kenosha. (June 1±September 30) ...... 57 34 91 (October 1±May 31) ...... 50 34 84 Rhinelander/Minocqua ...... Oneida ...... 57 30 87 Sturgeon Bay ...... Door. (June 1±September 14) ...... 77 30 107 (September 15±May 31) ...... 50 30 80 Wisconsin Dells ...... Columbia. (June 1±September 14) ...... 77 38 115 (September 15±May 31) ...... 57 38 95 WYOMING Cody ...... Park. (May 1±September 30) ...... 86 30 116 (October 1±April 30) ...... 50 30 80 Jackson ...... Teton. (June 1±October 14) ...... 105 42 147 (October 15±May 31) ...... 76 42 118 Thermopolis ...... Hot Springs ...... 54 30 84

1 Unless otherwise specified, the per diem locality is defined as ``all locations within, or entirely surrounded by, the corporate limits of the key city, including independent entities located within those boundaries.'' 2 Per diem localities with county definitions shall include ``all locations within, or entirely surrounded by, the corporate limits of the key city as well as the boundaries of the listed counties, including independent entities located within the boundaries of the key city and the listed counties.'' 3 When a military installation or Government-related facility (whether or not specifically named) is located partially within more than one city or county boundary, the applicable per diem rate for the entire installation or facility is the higher of the two rates which apply to the cities and/or counties, even though part(s) of such activities may be located outside the defined per diem locality. 4 Federal agencies may submit a request to GSA for review of the costs covered by per diem in a particular city or area where the standard CONUS rate applies when travel to that location is repetitive or on a continuing basis and travelers' experiences indicate that the prescribed rate is inadequate. Other per diem localities listed in this appendix will be reviewed on an annual basis by GSA to determine whether rates are ade- quate. Requests for per diem rate adjustments shall be submitted by the agency headquarters office to the General Services Administration, Of- fice of Governmentwide Policy, Attn: Travel and Transportation Management Policy Division (MTT), Washington, DC 20405. Agencies should designate an individual responsible for reviewing, coordinating, and submitting to GSA any requests from bureaus or subagencies. Requests for rate adjustments shall include a city designation, a description of the surrounding location involved (county or other defined area), and a rec- ommended rate supported by a statement explaining the circumstances that cause the existing rate to be inadequate. The request also must contain an estimate of the annual number of trips to the location, the average duration of such trips, and the primary purpose of travel to the lo- cations. Agencies should submit their requests to GSA no later than May 1 in order for a city to be included in the annual review. 5 The standard CONUS rate of $80 ($50 for lodging and $30 for M&IE) applies to all per diem localities in the State of North Dakota.

Dated: November 26, 1997. David J. Barram, Administrator of General Services [FR Doc. 31590 Filed 12–1–97; 8:45 am] Billing Code 6820±34±F federal register December 2,1997 Tuesday Offshore Facilities;ProposedRule Non-Transportation RelatedOnshoreand Oil PollutionPreventionandResponse; 40 CFRPart112 Protection Agency Environmental Part VII 63811 63812 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

ENVIRONMENTAL PROTECTION found at 40 CFR 112.20, for two Comments may also be sent AGENCY purposes. First, EPA proposes to electronically to EPA at provide a method to calculate storage ‘‘[email protected].’’ 40 CFR Part 112 capacity when certain facilities have Files should be sent in ascii format. The tanks which contain mixtures of process record supporting this rulemaking is [FRL±5930±1] water/waste water with 10% or less of contained in the Superfund Docket and RIN 2050±AC62 oil. This calculation is for the sole is available for inspection, by purpose of determining whether a appointment only, between the hours of Oil Pollution Prevention and facility has sufficient capacity to subject 9 a.m. and 4 p.m., Monday through Response; Non-Transportation Related it to the requirement in § 112.20 to Friday, excluding legal holidays. Onshore and Offshore Facilities prepare an FRP. Second, EPA proposes Appointments to review the docket can AGENCY: Environmental Protection to amend the FRP requirements to be made by calling 703–603–9232. As Agency (EPA). clarify that the Integrated Contingency provided in 40 CFR part 2, a reasonable Plan format may be acceptable for an fee may be charged for copying services. ACTION: Proposed rule. FRP. EPA believes that none of the FOR FURTHER INFORMATION CONTACT: SUMMARY: The Environmental Protection proposed changes will have an adverse Hugo Paul Fleischman, Oil Program Agency (EPA or the Agency) proposes to impact on public health or the Center, U.S. Environmental Protection revise the Spill Prevention, Control, and environment. This is so because the Agency, at 703–603–8769; or the RCRA/ Countermeasure (SPCC) Plan proposal would maintain the same Superfund Hotline at 800–424–9346 (in requirements, found at 40 CFR part 112, standards of environmental protection the Washington, D.C. metropolitan area, to reduce its information collection that the rule now affords while reducing 703–412–9810). The burden. Proposed revisions would: give its information collection burden. Telecommunications Device for the Deaf facility owners or operators flexibility to DATES: Comments must be submitted on (TDD) Hotline number is 800–553–7672 use alternative formats for SPCC Plans; or before February 2, 1998. (in the Washington, D.C. metropolitan allow the use of certain records ADDRESSES: Written comments on the area, 703–412–3323). maintained pursuant to usual and proposed rule should be submitted in SUPPLEMENTARY INFORMATION: The customary business practices, or triplicate, by U.S. mail, to the contents of this preamble are as follows: pursuant to the National Pollutant Superfund Docket, at 401 M St., S.W., Discharge Elimination System (NPDES) Washington, D.C. 20460 (mail code I. Introduction program, to be used in lieu of records 5203G). The docket is physically located II. Request for Comment and Discussion of mandated by the SPCC requirements; at 1235 Jefferson Davis Highway, Crystal Proposed Revisions III. Summary of Supporting Analyses reduce the information required to be Gateway 1, Arlington, Virginia 22202, submitted after certain spill events; and Suite 105. Comments physically I. Introduction extend the period in which SPCC Plans delivered to EPA by any means other A. Regulated Entities must be reviewed and evaluated. EPA than U.S. mail should go to the also proposes to amend the Facility Arlington address. The docket number Entities Potentially Regulated by this Response Plan (FRP) requirements, for the proposed rule is #SPCC–7. Proposal Include:

Category NAICS codes

Petroleum and Coal Products Manufacturing ...... NAICS 324. Petroleum Bulk Stations and Terminals ...... NAICS 42271. Crude Petroleum and Natural Gas Extraction ...... NAICS 2111111. Transportation (including Pipelines), Warehousing, and Marinas ...... NAICS 482±486/488112±48819/4883/48849/492±493/71393. Electric Power Generation, Transmission, and Distribution ...... NAICS 2211. Other Manufacturing ...... NAICS 31±33. Gasoline Stations/Automotive Rental and Leasing ...... NAICS 4471/5321. Heating Oil Dealers ...... NAICS 454311. Coal Mining, Non-Metallic Mineral Mining and Quarrying ...... NAICS 2121/2123/213114/213116. Heavy Construction ...... NAICS 234. Elementary and Secondary Schools, Colleges ...... NAICS 6111±6113. Hospitals/Nursing and Residential Care Facilities ...... NAICS 622±623. Crop and Animal Production ...... NAICS 111±112.

This table is not intended to be regarding the applicability of this action President has delegated the authority to exhaustive, but rather provides a guide to a particular entity, consult the person regulate non-transportation-related for readers regarding entities likely to be listed in the FOR FURTHER INFORMATION onshore facilities under section regulated by this action. It lists the types CONTACT section. 311(j)(1)(C) of the Act to the U.S. of entities of which EPA is now aware B. Statutory Authority Environmental Protection Agency (EPA that could potentially be regulated by or the Agency). Executive Order (E.O.) this action. Other types of entities not Section 311(j)(1)(C) of the Clean Water 12777, section 2(b)(1), 56 FR 54757 listed in the table could also be Act (CWA or the Act) requires the (October 22, 1991), superseding regulated. To determine whether your President to issue regulations Executive Order 11735, 38 FR 21243. By facility could be regulated by this establishing procedures, methods, this same E.O., the President has action, you should carefully examine equipment, and other requirements to delegated similar authority over the criteria in §§ 112.1 and 112.20 of prevent discharges of oil from vessels transportation-related onshore facilities, title 40 of the Code of Federal and facilities and to contain such deepwater ports, and vessels to the U.S. Regulations. If you have questions discharges. 33 U.S.C. 1321(j)(1)(C). The Department of Transportation (DOT), Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63813 and authority over other offshore on May 20, 1980, the Agency proposed proposals. The earlier proposals remain facilities, including associated further revisions to the SPCC rule. 45 FR pending, except for the withdrawal in pipelines, to the U.S. Department of the 33814. The 1980 proposal was never this notice of the proposed 1991 Interior (DOI). A Memorandum of finalized because the Agency believed definition of ‘‘SPCC Plan.’’ A revised Understanding (MOU) among EPA, DOI, these proposed changes needed definition of that term is being and DOT effective February 3, 1994, has additional justification. However, reproposed today. EPA will, after redelegated the responsibility to continuing experience with considering public comments, regulate certain offshore facilities administering the program provided promulgate a rule finalizing this located in and along the Great Lakes, that justification and demonstrated a proposal. In that rule, EPA will also rivers, coastal wetlands, and the Gulf need for clarifications to 40 CFR 112.7. finalize the 1991 and 1993 proposals. Coast barrier islands from DOI to EPA. Accordingly, on October 22, 1991, the EPA is not seeking additional comments (E.O. 12777 § 2(I) regarding authority to Agency proposed certain changes to 40 on either the 1991 or 1993 proposals. redelegate.) The MOU is included as CFR 112.7 similar to those proposed in Appendix B to 40 CFR part 112. An 1980. 56 FR 54612. II. Request for Comment and Discussion MOU between the Secretary of The October 1991 proposed revisions of Proposed Revisions involved changes in the applicability of Transportation and the EPA A. Request for Comment Administrator, dated November 24, the regulation and the required 1971 (36 FR 24080), established the procedures for the completion of SPCC EPA proposes to reduce the definitions of non-transportation-related Plans, as well as the addition of a information collection burden of the facilities and transportation-related facility notification provision. The SPCC rule through program changes. In facilities. The definitions from the 1971 proposed rule also reflected changes in connection with these proposed MOU are included as Appendix A to 40 the jurisdiction of section 311 of the Act changes, EPA requests public comment CFR part 112. made by amendments to the Act in 1977 on new standards, technologies, or and 1978. To date, the proposal has not C. Background of this Rulemaking approaches that have been developed been finalized. since the enactment of OPA which Part 112 of 40 CFR outlines On November 4, 1992 (57 FR 52705), would reduce the burden of other SPCC requirements for both prevention of and the Agency promulgated a revision to rule requirements, without response to oil spills. The prevention the civil penalty provisions for compromising environmental aspect of the rule requires preparation violations occurring prior to the protection. EPA requests comments on and implementation of the Spill enactment of the Oil Pollution Act of Prevention, Control, and 1990 (OPA). On March 11, 1996, EPA these possible measures in order to Countermeasure (SPCC) Plans. It was rescinded that penalty provision discover additional ways to reduce the originally promulgated on December 11, because it no longer accurately reflected information collection burden of the 1973 (38 FR 34164), under the authority the penalties provided for under section rule. Conversely, EPA also seeks of section 311(j)(1)(C) of the Act. The 311(b) of the Act, as amended by OPA. comments on measures not now regulation established spill prevention 61 FR 9646. required that would enhance the procedures, methods, and equipment On February 17, 1993, the Agency environmental protection the SPCC rule requirements for non-transportation- again proposed further clarifications of provides. Both of these requests for related onshore and offshore facilities and technical changes to the SPCC rule, public comments are for the purpose of with aboveground oil storage capacity and facility response plan requirements securing information to develop greater than 1,320 gallons (or greater to implement OPA. 58 FR 8824. The possible future rules or policies, and are than 660 gallons in a single container), proposed changes to the SPCC not for the purpose of developing a final or buried underground oil storage prevention requirements included rule implementing this proposed rule. capacity greater than 42,000 gallons. clarifications of certain requirements, Lastly, for purposes of developing a Regulated facilities are also limited to contingency plans for facilities without final rule, EPA is considering whether those that, because of their location, secondary containment, prevention any change is justified in the level of could reasonably be expected to training, and methods of determining storage capacity which subjects a discharge oil in harmful quantities into whether a tank would be subject to facility to the requirement to prepare an the navigable waters of the United brittle fracture. The facility response SPCC Plan. Currently, a facility with a States or adjoining shorelines. plan requirements of the 1993 proposal total aboveground storage capacity of The SPCC requirements have been were promulgated on July 1, 1994, (59 1,320 gallons or less of oil, but that has amended a number of times. On August FR 47384) and codified at 40 CFR a single container with a capacity in 29, 1974, the regulation was amended to 112.20–21. To date, the prevention excess of 660 gallons of oil is subject to set out the Agency’s policies on civil requirements in the 1993 proposal have SPCC requirements. EPA is considering penalties for violation of section 311 not been finalized. eliminating the provision in the current requirements. 39 FR 31602. On March In 1996, EPA concluded a survey of rule that requires a facility having a 26, 1976, the rule was again amended, SPCC facilities. EPA used the results of container with a storage capacity in primarily to clarify the criteria for that survey to help develop this excess of 660 gallons to prepare an determining whether or not a facility is proposed rule. The survey results are SPCC Plan, as long as the total capacity subject to regulation. 41 FR 12567. part of the administrative record for this of the facility remained at 1,320 gallons Other revisions made in the March 26, rulemaking. or less. The effect of such a change 1976, rule clarified that the SPCC Plan The purpose of this proposal is to would be to raise the threshold for must be in written form and specified reduce the information collection regulation to an aggregate aboveground the procedures for development of SPCC burden now imposed by the prevention storage capacity greater than 1,320 Plans for mobile facilities. requirements in the SPCC rule and the gallons, thereby eliminating the need for Implementation of the regulation response requirements in the FRP rule facilities with less than that capacity to since the 1976 revision indicated the without creating an adverse impact on prepare an SPCC Plan. EPA invites need for other changes, primarily to public health or the environment. It public comment on this issue and clarify and simplify the rule. Therefore, supplements the 1991 and 1993 supporting data where available. 63814 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

B. Proposed Program Revisions meets all the regulatory requirements retain discretion to require information Specific proposed revisions are contained in part 112. Like ICPs, State that is specified by the current rule in discussed below. plans would also have to be cross- a post-spill report, or any other referenced sequentially from the Federal information as he/she finds necessary. 40 CFR 112.2 SPCC requirement in part 112 to the The reporting requirements under 40 On October 22, 1991, EPA proposed a plan page(s) containing the equivalent CFR part 110 would still apply to any definition for ‘‘SPCC Plan or Plan.’’ 56 requirement. In cases where an owner or discharge of oil to navigable waters or FR 54612, 54632. Today, EPA is operator of a facility chooses to prepare adjoining shorelines that is ‘‘harmful’’ withdrawing that proposal in favor of a a State plan containing only some of the as specified in § 110.3. elements required in the Federal plan, revised definition. The proposed rule 40 CFR 112.5(b) would describe an SPCC Plan, and the State plan would have to: (1) contain would allow an Integrated Contingency elements that are equal to or more An owner or operator of a facility Plan or a State plan that meets all the stringent than Federal SPCC subject to the SPCC regulations must requirements of part 112 to be counted requirements; (2) be sequentially cross- review and evaluate a facility’s SPCC as an SPCC Plan, if it is sequentially referenced by SPCC rule provision to plan at least once every three years from cross-referenced from the requirement the page(s) of the equivalent Plan the date the facility becomes subject to in § 112.7 to the page(s) of the provision; and, (3) be supplemented by 40 CFR part 112. EPA is proposing to equivalent requirement in the other elements that meet the remainder of the extend the period in which an owner or plan. The Regional Administrator may EPA requirements contained in part operator must conduct this review and 112. accept any other format if it: (1) meets evaluation from at least once every three all regulatory requirements in the SPCC 40 CFR 112.4(a) years to at least once every five years. EPA is proposing this change because it rule; and, (2) is sequentially cross- Section 112.4(a) requires that an referenced by SPCC rule provision to believes that it would have the effect of owner or operator of a facility subject to reducing the record keeping burden, the page(s) of the equivalent the SPCC rule provide certain thus saving time and money for requirement in the other plan. The information to EPA after a discharge of facilities, while causing no harm to the proposed change would allow facilities 1,000 gallons of oil into or upon the environment. A facility owner or new flexibility in formatting an SPCC navigable waters of the United States or operator would still have to amend an Plan. A new facility developing an adjoining shorelines in a single event, or SPCC Plan whenever there is a change SPCC Plan would have the opportunity when two reportable spills of any size in facility design, construction, to use the most convenient acceptable occur within any twelve month period. operation, or maintenance which format. Existing facilities could also Reportable spills are defined at 40 CFR materially affects the facility’s potential elect to use one of the proposed 110.3. 61 FR 7419, February 28, 1996. for discharge of oil into or upon the alternative formats. EPA contemplates EPA proposes to reduce the information that at least two types of formats could that an owner or operator must report navigable waters of the United States or be used in addition to the format pursuant to § 112.4(a). The Agency adjoining shorelines. 40 CFR 112.5(a). prescribed in § 112.7, and would amend proposes to require that the owner or Therefore, absent such changes, an the rule to include those formats as operator would report: (1) the name of SPCC plan should continue to provide acceptable examples. The formats are the facility; (2) the name(s) of the owner adequate protection against discharges discussed below. or operator of the facility; (3) the for a five year period. Integrated Contingency Plans or ICPs. location of the facility; (4) a description In its 1991 proposal to amend the One format that would be allowed is an of the facility, including maps, flow SPCC rule, EPA solicited comments on Integrated Contingency Plan (ICP) diagrams, and topographical charts; (5) whether owners or operators of facilities prepared in accordance with the notice the cause of the spill(s), including a should have to affix a signed and dated published at 61 FR 28642, June 5, 1996. failure analysis of system or subsystem statement to the SPCC Plan indicating The intent of the ICP is to provide a in which the failure occurred; (6) that the triennial review has taken place mechanism for consolidating multiple corrective actions and/or and whether or not amendment of the plans that facilities may have prepared countermeasures taken, including an Plan is required. EPA did not at that to comply with various regulations into adequate description of equipment time propose a rule change. 56 FR one functional emergency response repairs and/or replacements; (7) 54612, 54616, 54629, October 22, 1991. plan. additional preventive measures taken or Today, EPA is implementing that The ICP was developed for facilities contemplated to minimize the request for comments with a proposed to integrate emergency response plan possibility of recurrence; and, (8) such rule change that would provide that an requirements. EPA does not other information as the Regional owner or operator must certify contemplate that the use of an ICP or Administrator may reasonably require completion of the review and other format would reduce the pertinent to the Plan or spill event. EPA evaluation. An owner or operator, for information collection burden, but it would eliminate from the rule the need purposes of this certification, includes would simplify compliance with to always submit: (1) the date and year any person with authority to fully multiple applicable statutes and rules. of initial facility operation; (2) implement the Plan, e.g., a facility State Plans and Requirements. maximum storage or handling capacity manager. The certification would entail Approximately 20 States have oil spill of the facility and normal daily little additional information collection prevention requirements pursuant to throughput; and, (3) a complete copy of burden as it would merely note State law. Included in those the SPCC Plan with any amendments. completion of the review and evaluation requirements is often the responsibility EPA believes that the information that process at least once every five years. to prepare an SPCC-like plan. The would be eliminated from a post-spill See 5 CFR 1320.7(j)(1). It would be proposed rule would allow an owner or report is not always necessary in order maintained with the Plan at the facility, operator of a facility flexibility to to accurately assess the spill or to and would provide EPA with written prepare a State SPCC-like plan in lieu of require appropriate corrective action. proof that the owner or operator has a Federal SPCC Plan if the State plan The Regional Administrator would still complied with the rule. Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63815

40 CFR 112.7 Introduction prior to drainage as provided in requirements of many different EPA is proposing to amend the § 112.7(e)(2)(iii)(B), (C), and (D). By the standards for tanks into one document. introduction to § 112.7 so that its cross reference to the record keeping The Standard recommends that records language conforms to the newly requirements in § 112.7(e)(2)(iii)(D), the should be kept of the activities proposed definition of an SPCC Plan in requirement to maintain adequate conducted pursuant to the Standard. It § 112.2. See the above discussion. The records of such events is included. recommends that periodic inspection change to the introduction would Therefore, when those records of bypass and preventive maintenance should be merely track language in proposed event notification are maintained at conducted on all transfer systems to onshore oil production facilities control leaks. Accurate inventory § 112.2 to allow facilities flexibility to pursuant to NPDES permitting records may be maintained and use certain alternative formats in lieu of conditions as discussed above, periodically reconciled for indication of the format prescribed in the SPCC rule, duplicative record keeping under part possible leakage from tanks and piping such as the ICP format, certain State 112 would be unnecessary. systems. It further calls on the operator formats, or other formats acceptable to to keep complete maintenance records the Regional Administrator. 40 CFR 112.7(e)(2)(vi) for all equipment within a terminal. 40 CFR 112.7(e)(2)(iii)(D) Section 112.7(e)(2)(vi) requires periodic integrity testing of 40 CFR 112.7(e)(8) EPA is proposing to amend aboveground tanks, taking into account EPA proposes to amend § 112.7(e)(8) § 112.7(e)(2)(iii)(D), which applies to tank design (floating roof, etc.), and to provide that usual and customary bulk storage tanks (onshore), excluding using such techniques as hydrostatic business records, such as records production facilities. Section testing, visual inspection, or a system of maintained pursuant to API Standards 112.7(e)(2)(iii) authorizes the drainage non-destructive shell thickness testing. 653 and 2610, would suffice to meet the of rainwater from the diked area into a It further requires maintenance of requirements of the section. The storm drain or an effluent discharge that comparison records when appropriate. revision would have the effect of empties into an open water course, lake, Tank supports and foundations should reducing the information collection or pond, and bypasses the in-plant be included in these inspections. In burden of the SPCC rule. See the treatment system if four conditions are addition, the rule requires that the discussion concerning usual and met. 40 CFR 112.7(e)(2)(iii)(A)–(D). The outside of the tank should be frequently customary business practices above. change would allow the use of records observed by operating personnel for The section requires that inspections recording stormwater bypass events signs of deterioration, leaks which required by part 112 be in accordance which are required to be kept under a might cause a spill, or accumulation of with written procedures developed for National Pollutant Discharge oil inside diked areas. the facility by the owner or operator. Elimination System (NPDES) permit. In EPA proposes to amend These written procedures and a record the NPDES regulations, ‘‘bypass’’ is § 112.7(e)(2)(vi) to provide that usual of inspections, signed by the defined to mean the ‘‘intentional and customary business records would appropriate supervisor or inspector, diversion of waste streams from any suffice to meet the record keeping must be made a part of the SPCC Plan portion of a treatment facility.’’ 40 CFR requirements of the section. Among and maintained for a period of three 122.41(m)(1)(I). such usual and customary business years. The NPDES regulations set forth records are those maintained pursuant 40 CFR 112.20(f)(4) conditions that all NPDES permits must to API Standards 653 and 2610. contain. 40 CFR 122.21. One of these API Standard 653 concerns tank The owner or operator of any non- NPDES ‘‘standard conditions’’ allows inspection, repair, alteration, and transportation-related onshore facility for excusable bypasses under certain reconstruction. It is considered the that, because of its location could be conditions. 40 CFR 122.41(m)(2), (3), predominant standard for aboveground expected to cause substantial harm to and (4). One of the conditions is that the tank inspection and its provisions are the environment by discharging oil in permittee must provide notice of the based on tank design principles found harmful quantities into or on the bypass event. 40 CFR 122.41(m)(3). in API Standards 620 and 650. API navigable waters of the United States or Under 40 CFR 122.41(j)(2), the permittee Standard 653 calls for owners or adjoining shorelines, is required to must maintain records of all such operators of tanks and associated prepare and submit a facility response bypass events for at least three years systems to maintain a complete record plan to EPA. To determine whether a from the date of the report. These permit file consisting of construction, repair/ facility could cause substantial harm, an conditions for notification and record alteration history, and inspection owner or operator of a facility must keeping serve the same objective as the history records. Construction records review the criteria listed in Appendix C SPCC rule requirement in include nameplate information, of the rule and base his/her § 112.7(e)(2)(iii)(D), and the drawings, specifications, construction determination on those criteria. A documentation is therefore acceptable to complete reports, and any results of facility that transfers oil over water to or satisfy the SPCC requirement. material tests and analyses. Repair/ from vessels and that has a total oil Furthermore, the proposed change alteration history includes all data capacity greater than or equal to 42,000 would reduce the information collection accumulated on a tank from the time of gallons would meet the substantial harm burden imposed by the SPCC rule. its construction with regard to repairs, criteria and be required to prepare and Owners or operators would no longer be alterations, replacements, and service submit a response plan as required by required to maintain duplicate records changes. Inspection history includes all § 112.20 to the appropriate Regional of the same event pursuant to different measurements taken, the condition of Administrator. Any other facility with a regulatory programs. all parts inspected, and a record of all capacity of one million gallons or more This proposed change would also examinations and tests. would evaluate the criteria in 40 CFR affect the information collection burden API Standard 2610 concerns design, 112.20(f)(1)(ii)(A)–(D) and work through imposed by § 112.7(e)(5)(ii)(A). This construction, operation, maintenance, the flowchart in Appendix C to section requires inspection of diked and inspection of terminal and tank determine whether it is a substantial areas in onshore oil production facilities facilities. It incorporates the harm facility. 63816 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

EPA proposes to add a new paragraph determine the percentage of oil in the Office of Management and Budget to § 112.20(f) to provide a method to process or waste water in a tank. If the (OMB) review and the requirements of calculate the oil storage capacity of percentage of oil varies over a period of the E.O. The E.O. defines ‘‘significant aboveground tanks containing a mixture time, the owner or operator would use regulatory action’’ as one that is likely of process water/waste water with 10% the highest percentage of oil for to result in a rule that may: or less of oil. EPA is proposing this purposes of the capacity calculation. If (1) Have an annual effect on the change because it believes that the harm the capacity of oil is 10% or less, the economy of $100 million or more or due to spills from tanks that contain owner or operator would multiply the adversely affect in a material way the 90% or more of process water/waste percentage of oil by the capacity of the economy, a sector of the economy, water is roughly proportional to their oil tank or container. If appropriate, the productivity, competition, jobs, the content. Discharges from tanks owner or operator would then add the environment, public health or safety, or containing process water/waste water volume of oil calculated to the total State, local, or tribal governments or and 10% or less oil will cause less harm capacity of any other oil storage tank or communities; to the environment than tanks container with 100% oil or mixtures of (2) Create a serious inconsistency or containing a greater proportion of oil. oil and process or waste water above the otherwise interfere with an action taken Facilities that are required to prepare 10% amount to determine its total or planned by another agency; and submit facility response plans must capacity for the substantial harm (3) Materially alter the budgetary do so because of the substantial harm determination of § 112.20(f). impact of entitlements, grants, user fees, that discharges of oil from those or loan programs or the rights and facilities might cause. That substantial 40 CFR 112.20(h) obligations of recipients thereof; or harm is predicated, at least in part, on EPA proposes to amend § 112.20(h) to (4) Raise novel legal or policy issues a storage capacity determination. If clarify that an Integrated Contingency arising out of legal mandates, the there is a smaller percentage of oil in a Plan (ICP) prepared in accordance with President’s priorities, or the principles tank, there will be less likelihood of the notice published at 61 FR 28642, set forth in E.O. 12866. great harm. Therefore, EPA believes that June 5, 1996 is an acceptable format for Pursuant to the terms of E.O. 12866, the entire capacity of process water/ a facility response plan. The ICP was it has been determined that this waste water tanks with 10% or less of developed for facilities to integrate proposed rule is a ‘‘significant oil should not be counted in the emergency response plan requirements. regulatory action’’ because it raises capacity necessary to subject a facility to The intent of the ICP is to provide a novel legal or policy issues. Such issues the requirement to prepare a facility mechanism for consolidating multiple include proposed measures which response plan. Only the oil portion of plans that facilities may have prepared would relieve some facilities of the storage capacity in process water/ to comply with various regulations into regulatory mandates and could change waste water of 10% or less oil would be one functional emergency response the manner in which facilities comply counted. EPA believes that an oil plan. Like the proposed requirements with remaining mandates. Therefore, threshold capacity to determine for SPCC Plans, the FRP rule already this action was submitted to OMB for substantial harm calculations of 10% or provides for cross-referencing. review. Changes made in responses to less in tanks containing process water/ Similarly, an owner or operator who the OMB suggestions or waste water is a reasonable one. It is uses the ICP format must meet all of the recommendations will be documented reasonable because it exempts lower regulatory requirements of the FRP rule in the public record. risk facilities, from which discharges for that format to be an acceptable B. Regulatory Flexibility Act would not reach substantial harm levels, substitute for the present FRP format. The Regulatory Flexibility Act of from having to prepare facility response EPA does not contemplate that the 1980, as amended by the Small Business plans. use of an ICP or other format would Regulatory Enforcement Fairness Act of The proposed rule change, however, reduce the information collection 1996, requires that a Regulatory would have no effect on the calculations burden of the FRP rule, but it would Flexibility Analysis be performed for all necessary to determine whether to simplify compliance with multiple rules that are likely to have a significant prepare an SPCC Plan. Calculation of applicable statutes and rules. capacity under the SPCC rule of tanks adverse impact on a substantial number containing mixtures of process water/ Appendix C of small entities. EPA has determined waste water and oil would continue to EPA also proposes to amend that this proposed rule would not have be done as it is now. No change is Appendix C to this part to reflect a significant adverse impact on a necessary in SPCC capacity calculations changes proposed in § 112.20(f)(4). EPA substantial number of small entities because SPCC Plans are designed for also proposes to amend section 2.1 of because it would impose few if any new prevention purposes, not response. Appendix C to state the correct capacity burdens, and overall would While harm might result from that subjects a facility to FRP substantially reduce existing burdens on discharges from these SPCC facilities, it requirements if it transfers oil over small businesses. Therefore, I certify would not reach the substantial harm water to or from a vessel. That capacity that this proposed rule is not expected level. Finally, this proposed change in section 2.1 of Appendix C should to have a significant adverse impact on would not apply to the oil capacity read ‘‘greater than or equal to 42,000 a substantial number of small entities. determination for substantial harm gallons * * *’’ as specified in Thus, no Regulatory Flexibility Analysis saline process water/waste water from § 112.20(f)(1)(I). is necessary. oil drilling, production, or workover facilities because discharges from such III. Summary of Supporting Analyses C. Paperwork Reduction Act facilities have a greater likelihood of The information collection A. Executive Order 12866 causing environmental damage than requirements in this proposed rule will facilities that do not handle saline Under E.O. 12866 (58 FR 51735, be submitted for approval to OMB as water. October 4, 1993), the Agency must required by the Paperwork Reduction Pursuant to the proposed rule, a determine whether the regulatory action Act, 44 U.S.C. 3501 et seq. Information facility owner or operator would is ‘‘significant’’ and therefore subject to Collection Request (ICR) documents Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63817 have been prepared by EPA (EPA ICR that the information collection burden In addition to the modifications the no. EPA 0328.06 and 1630.04) and incurred by persons in the normal Agency is proposing to make to the copies may be obtained from Sandy course of their business activities would SPCC rule, the Agency is also proposing Farmer, OPPE Regulatory Information no longer be attributed to the part 112 to modify the information collection Division; U.S. Environmental Protection burden. requirements of the Facility Response Agency (2137); 401 M St., S.W.; To quantify the effect of these Plan (FRP) regulation as part of this Washington, D.C. 20460 or by calling proposed changes on reducing burden rulemaking effort. The FRP rule (40 CFR 202–260–2740. These ICRs are also to the regulated community, EPA relied, 112.20–112.21) requires that owners and available for viewing or downloading at in part, on data gathered through the operators of facilities that could cause EPA’s ICR Internet site at http:// 1995 SPCC survey. EPA developed a ‘‘substantial harm’’ to the environment www.epa.gov/icr. series of analyses using the survey data by discharging oil into navigable waters EPA does not collect the information including the paper EPA produced in or adjoining shorelines prepare plans for required by the Oil Pollution Prevention 1996 entitled ‘‘Effectiveness of EPA’s responding, to the maximum extent regulation (i.e., the SPCC Plan) on a SPCC Program on Spill Risk.’’ The practicable, to a worst case discharge of routine basis. SPCC Plans ordinarily results of the analysis show that oil, to substantial threat of such a need not be submitted to EPA, but must compliance with several specific SPCC discharge, and, as appropriate, to be maintained at the facility. provisions appears to reduce both the discharges smaller than worst case Preparation, implementation, and number and the amount of oil that discharges. Each FRP is submitted to the maintenance of an SPCC Plan by the migrates outside of a facility’s Agency, which in turn, reviews and facility helps prevent oil discharges, and boundaries. Facility practices such as approves plans from facilities identified mitigates the environmental damage tank leak detection, spill overfill as having the potential to cause caused by such discharges. Therefore, protection, pipe external protection, and ‘‘significant and substantial harm’’ to the primary user of the data is the secondary containment, also appear to the environment from oil discharges. facility. reduce the number and magnitude of oil Other low-risk, regulated facilities are Although the facility is the primary spills. The results also indicate that a not required to prepare FRPs but are data user, EPA also uses the data in facility’s compliance with even one required to document their certain situations. EPA primarily uses SPCC measure may serve as a general determination that they do not meet the SPCC Plan data to ensure that facilities indicator of a facility owner’s/operator’s ‘‘substantial harm’’ criteria. comply with the regulation. This awareness of the importance of other Through this rulemaking, EPA includes design and operation spill prevention and control measures. proposes to reduce the reporting and specifications, and inspection The net annual public reporting and record keeping burden for facilities requirements. EPA reviews SPCC Plans: record keeping burden for this regulated under the FRP rule by adding (1) When facilities submit the Plans collection of information, as proposed, a paragraph to § 112.20(f) to provide a because of certain oil discharges, and (2) for newly regulated facilities is method to calculate the oil storage as part of EPA’s inspection program. estimated to range from 37.1 to 53.5 capacity of aboveground tanks Note however, that the proposed rule hours, with an average burden of 39.2 containing a mixture of process water/ would eliminate the necessity to submit hours, including time for reviewing waste water with 10 percent or less of the entire Plan after certain discharges, instructions and gathering the data oil. EPA also proposes to amend and merely retain the requirement that needed. The net annual public reporting § 112.20(h) to clarify that an Integrated it be maintained at the facility. State and and record keeping burden for facilities Contingency Plan prepared in local governments also use the data, already regulated by the Oil Pollution accordance with the notice published at which are not necessarily available Prevention regulation is estimated to 61 FR 28642, June 5, 1996, is an elsewhere and can greatly assist local range from 3.7 to 9.5 hours, with an acceptable format for an FRP; and to emergency preparedness planning average burden of 4.0 hours. These amend section 2.1 of Appendix C to efforts. Preparation of the information average annual burden estimates take state the correct capacity that subjects a for affected facilities is required into account the varied frequencies of facility to FRP requirements if it pursuant to section 311(j)(1) of the Act response for individual facilities transfers oil over water or to or from a as implemented by 40 CFR part 112. according to characteristics specific to vessel. Through this rulemaking, EPA those facilities, including frequency of The Agency anticipates that only the proposes to reduce the reporting and oil discharges and facility modification. first proposed change will have an record keeping burden for facilities Under the proposed rule, an estimated appreciable impact on the burden to the regulated under the SPCC regulation by: 446,498 existing and newly regulated regulated community. The Agency (1) expanding the format of an facilities are subject to the information expects that the number of facilities acceptable SPCC plan to include plans collection requirements of this proposed subject to the requirements to develop prepared to meet State or other Federal rule during the first year of the an FRP and maintain the plan on a year- standards (i.e., State plans, Integrated information collection period. The net to-year basis will slightly decrease as a Contingency Plans, etc.); (2) extending annualized capital and start-up costs result of the proposed process water/ the period of time that a facility must average $0.3 million, and net waste water calculation. In the current review its Plan from at least once every annualized labor and operation and ICR, EPA estimated that 5,400 facilities three years to at least once every five maintenance costs are $49.8 million. would be required to develop and years; and (3) reducing the reporting The present information collection submit FRPs and 4,482 of these facilities requirements in the event of certain burden of the SPCC rule averages were large facilities (i.e., facilities with reportable oil spills and the record 2,557,194 hours per year for the storage capacity greater than one million keeping requirements relating to certain information collection period. Through gallons). Of these 4,482 facilities, EPA discharges of rainwater from a diked this rulemaking EPA proposes to reduce estimated that approximately 250 area. In addition to the program changes that burden by approximately 864,471 facilities in the industrial manufacturing outlined above, EPA is also proposing to hours. This proposed reduction would category would be excluded from the decrease the information collection result in an average annual burden of FRP requirements as a result of the burden calculated for the SPCC rule so 1,692,723 hours. proposal. Although these facilities have 63818 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules already incurred costs to develop an OMB is required to make a decision either to State, local, or tribal FRP, the facilities would no longer incur concerning the ICR between 30 and 60 governments in the aggregate, or to the costs associated with maintaining the days after December 2, 1997, a comment private sector in any one year. This Plan or retaining outside response to OMB is best assured of having its full determination is based on the fact that contractors in the event of an oil spill. effect if OMB receives it by January 2, the proposed rule would impose no new The Agency has previously estimated 1998. The final rule will respond to any mandates, and would reduce costs to that it requires approximately 118 hours OMB or public comments on the the private sector, while imposing no for facility personnel in a large, information collection requirements new costs on State, local, or tribal consumption facility to comply with the contained in this proposal. governments. Thus today’s proposal is annual, subsequent-year reporting and not subject to the requirements of D. Differentiation Between Classes of record keeping requirements of the FRP sections 202 and 205 of the Act. Oils rule after adjusting for compliance with F. National Technology Transfer and other Federal and State regulations. The Pursuant to Public Law 104–55, 33 Advancement Act present information collection burden of U.S.C. 2720, enacted November 20, the FRP rule averages 376,599 hours a 1995, most Federal agencies (including Under § 12(d) of the National year. Through this rulemaking EPA EPA) must, in the issuance or Technology Transfer and Advancement proposes to reduce that burden by enforcement of any regulation or the Act, the Agency is required to use approximately 24,190 hours. This establishment of any interpretation or voluntary consensus standards in its proposed reduction would result in an guideline relating to the transportation, regulatory and procurement activities annual average burden of 352,409 hours. storage, discharge, release, emission, or unless to do so would be inconsistent Burden means the total time, effort, or disposal of a fat, oil, or grease, consider with applicable law or otherwise financial resources expended by persons differentiating between and establishing impractical. Voluntary consensus to generate, maintain, retain, or disclose separate classes for animal fats and oils standards are technical standards (e.g., or provide information to or for a and greases, fish and marine mammal materials specifications, test methods, Federal agency. This includes the time oils, and oils of vegetable origin (as sampling procedures, business needed to review instructions; develop, opposed to petroleum and other oils and practices, etc.) which are developed or acquire, install, and utilize technology greases). EPA has considered whether adopted by voluntary consensus and systems for the purposes of differentiation between and standard bodies. In those cases where collecting, validating, and verifying establishment of separate classes of oils the Act applies and where available and information, processing and is appropriate for this proposed rule and potentially applicable voluntary maintaining information, and disclosing concluded that it is not. This conclusion consensus standards are not used by and providing information; adjust the is based on the fact that the EPA EPA, the Act requires the Agency to existing ways to comply with any proposal would reduce the information provide Congress, through the Office of previously applicable instructions and collection burden for all classes of Management and Budget, an requirements; train personnel to be able facilities. Achievement of that goal does explanation of the reasons for not using to respond to a collection of not require differentiation among such standards. information; search data sources; classes of oils. Without necessarily deciding whether the Act applies here, EPA invites complete and review the collection of E. Unfunded Mandates information; and transmit or otherwise comment on the potential use of disclose the information. Pursuant to section 202 of the voluntary consensus standards in this An Agency may not conduct or Unfunded Mandates Reform Act (the rulemaking. In particular, as noted sponsor, and a person is not required to Act) of 1995, enacted March 22,1995, above, EPA proposes to amend 40 CFR respond to a collection of information Federal agencies must prepare a 112.7(e)(2)(vi) and (e)(8) to provide that unless it displays a currently valid OMB statement to accompany any rule in the records maintained pursuant to control number. The OMB control which the estimated costs of State, local, usual and customary business practices numbers for EPA’s regulations are listed or tribal governments in the aggregate, would suffice to meet the recordkeeping in 40 CFR part 9 and 48 CFR chapter 15. or to the private sector, will be $100 requirements of the sections. While not Comments are requested on the million or more in any one year. Section specifically referenced in the proposed Agency’s need for this information, the 205 of the Act requires agencies to select regulation, usual and customary accuracy of the provided burden the most cost-effective and least- business records would include those estimates and the supporting analyses burdensome alternative that achieves maintained pursuant to American used to develop burden estimates, and the objective of the rule and that is Petroleum Institute (API) Standards 653 any suggested methods for further consistent with statutory requirements. and 2610. The Agency proposes this minimizing respondent burden, Section 203 of the Act requires an flexible approach to be consistent with including the use of automated agency to establish a plan for informing the goal of reducing the recordkeeping collection techniques. Send comments and advising any small government that requirements of this regulation. EPA on the Information Collection Request to may be significantly impacted by the invites public comment on the Agency’s the Director, OPPE Regulatory rule. Small governments would not be proposal as well as identification and Information Division; U.S. significantly impacted by this proposed information about other standards, and Environmental Protection Agency rule, therefore, it is not necessary to in particular, voluntary consensus (2136); 401 M St., S.W.; Washington, establish a plan pursuant to section 203. standards, which the Agency should D.C. 20460 or E-mail In fact, the proposed rule would reduce consider. [email protected]; and to the information collection burden on the Office of Information and Regulatory small governments that have facilities List of Subjects in 40 CFR Part 112 Affairs, Office of Management and which are subject to the SPCC rule. Environmental protection, Fire Budget, 725 17th St., N.W., Washington, EPA has determined that this prevention, Flammable materials, D.C. 20503, marked ‘‘Attention: Desk proposed rule does not include a Materials handling and storage, Oil Officer for EPA.’’ Include the ICR Federal mandate that would result in pollution, Oil spill prevention, Oil spill number in any correspondence. Since estimated costs of $100 million or more response, Petroleum, Reporting and Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63819 record keeping requirements, Tanks, (5) Description of the facility, 6. Section 112.20 is amended by Water pollution control, Water including maps, flow diagrams, and adding paragraph (f)(4) and by revising resources. topographical maps; the first sentence of paragraph (h) to Dated: November 24, 1997. (6) The cause(s) of such spill(s), read as follows: including a failure analysis of system or Carol Browner, subsystem in which the failure § 112.20 Facility response plans. Administrator. occurred; * * * * * For the reasons set out in the (7) Additional preventive measures (f) * * * preamble, 40 CFR part 112 is proposed taken or contemplated to minimize the (4) To determine the capacity of a to be amended as follows: possibility of recurrence; and facility storing process water/waste (8) Such other information as the water with oil concentrations of 10% or PART 112ÐOIL POLLUTION Regional Administrator may reasonably less, for purposes of paragraphs (f)(1)(i) PREVENTION require pertinent to the Plan or spill and (ii) of this section (except for saline event. 1. The authority citation for part 112 process water/waste water from an oil continues to read as follows: * * * * * drilling, production, or workover 4. Section 112.5 is amended by facility), the following calculations shall Authority: 33 U.S.C 1321 and 1361; E.O. revising the first sentence of paragraph be used: 12777 (October 18, 1991), 3 CFR, 1991 (b) to read as follows: Comp., p. 351. (i) Determine the percentage of oil in § 112.5 Amendment of Spill Prevention the process water/waste water of a tank 2. Section 112.2 is amended by or container. If the percentage of oil adding the definition ‘‘Spill Prevention, Control and Countermeasure Plans by owners or operators. varies over a period of time, the highest Control, and Countermeasure Plan; percentage shall be used; SPCC Plan; or Plan’’ in alphabetical * * * * * (ii) If the percentage of oil is 10% or order to read as follows: (b) Notwithstanding compliance with paragraph (a) of this section, owners and less, multiply the percentage of oil by § 112.2 Definitions. operators of facilities subject to the capacity of the tank or container; * * * * * § 112.3(a), (b), or (c) shall certify (iii) If appropriate, add the amount Spill Prevention, Control, and completion of a review and evaluation calculated in paragraphs (f)(4)(i) and Countermeasure Plan; SPCC Plan; or of the SPCC Plan at least once every five (4)(ii) of this section to the total capacity Plan means the document required by years from the date such facility of any other oil tank or storage container § 112.3 that details the equipment, becomes subject to this part. * ** containing 100% oil or mixtures of oil manpower, procedures, and steps to * * * * * and process water/waste water above prevent, control, and provide adequate 5. Section 112.7 is amended by 10%; countermeasures to an oil spill. The revising the last sentence of the (iv)(A) A facility that transfers oil over Plan is a written description of the introductory text; and by revising water to or from vessels and has a facility’s compliance with the paragraph (e)(2)(iii)(D), and the last storage capacity of oil greater than or procedures in this part. It is prepared in sentence of paragraphs (e)(2)(vi), and equal to 42,000 gallons will be writing and in accordance with the (e)(8) to read as follows: considered a facility that could cause format specified in § 112.7, or in the substantial harm to the environment by § 112.7 Guidelines for the preparation and discharging oil to the navigable waters format of a plan prepared pursuant to implementation of a Spill Prevention State law, or in another format Control and Countermeasure Plan. or adjoining shorelines. acceptable to the Regional ** * The complete SPCC Plan shall (B) A facility with a capacity of 1 Administrator. If an owner or operator follow the sequence outlined below, million gallons or greater shall continue of a facility chooses to prepare a plan unless it is in another format acceptable through the criteria in appendix C of using either the Integrated Contingency to the Regional Administrator, such as this part to determine whether the Plan format or a State format or any one described in § 112.2, and include a facility could cause substantial harm to other format acceptable to the Regional discussion of the facility’s conformance the environment by discharging oil to Administrator, such plan must meet all with the appropriate guidelines listed: the navigable waters or adjoining of the requirements in § 112.7, and be shorelines.; and * * * * * sequentially cross-referenced from the (v) A facility that has completed the requirement in § 112.7 to the page(s) of (e) * * * (2) * * * calculations required by this paragraph the equivalent requirement in the other (iii) * * * and does not meet the substantial harm plan. (D) Adequate records are kept of such threshold will not have to prepare and * * * * * events, such as records required submit a response plan unless directed 3. Section 112.4 is amended by pursuant to permits issued in to do so by the Regional Administrator. revising paragraphs (a)(1) through (a)(8) accordance with §§ 122.41(j)(2) and * * * * * to read as follows: 122.41(m)(3) of this chapter. (h) A response plan shall follow the § 112.4 Amendment of SPCC Plans by * * * * * format of the model facility-specific Regional Administrator. (vi) * * * Records of inspections response plan included in Appendix F (a) * * * maintained pursuant to usual and to this part, unless an equivalent (1) Name of the facility; customary business practices will response plan has been prepared to (2) Name(s) of the owner or operator suffice for purposes of this paragraph. meet State or other Federal of the facility; * * * * * requirements. * ** (3) Location of the facility; (8) * * * Records of inspections * * * * * (4) Corrective action and/or maintained pursuant to usual and 7. Appendix C to part 112 is amended countermeasures taken, including an customary business practices will by revising section 2.0 and the first adequate description of equipment suffice for purposes of this paragraph. sentence of section 2.1 to read as repairs and/or replacements; * * * * * follows: 63820 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

Appendix C to Part 112ÐSubstantial concentrations of 10% or less (except for 2.1 Non-Transportation-Related Facilities Harm Criteria saline process water/waste water from an oil With a Total Oil Storage Capacity Greater drilling, production, or workover facility), Than or Equal to 42,000 Gallons Where * * * * * the respondent shall use the method Operations Include Over-Water Transfers of Oil. 2.0 Description of Screening Criteria for the prescribed in § 112.20(f)(4). A description of Substantial Harm Flowchart the screening criteria for the substantial harm A non-transportation-related facility with a flowchart is provided below: total oil storage capacity greater than or equal A facility that has the potential to cause to 42,000 gallons that transfers oil over water substantial harm to the environment in the to or from vessels must submit a response event of a discharge must prepare and submit plan to EPA. * * * a facility-specific response plan to EPA in accordance with appendix F to this part. To * * * * * determine the capacity of a facility storing [FR Doc. 97–31574 Filed 12–1–97; 8:45 am] process water/waste water with oil BILLING CODE 6560±50±P federal register December 2,1997 Tuesday Union Independent StatesoftheFormerSoviet Assistance ProgramfortheNew Presidential DeterminationNo.98±4Ð The President Part VIII 63821

63823

Federal Register Presidential Documents Vol. 62, No. 231

Tuesday, December 2, 1997

Title 3— Presidential Determination No. 98–4 of November 14, 1997

The President Assistance Program for the New Independent States of the Former Soviet Union

Memorandum for the Secretary of State

Pursuant to subsection (o) under the heading ‘‘Assistance for the New Inde- pendent States of the Former Soviet Union’’ in Title II of the Foreign Operations, Export Financing and Related Programs Appropriations Act, for fiscal year 1996 (Public Law 104–107) and fiscal year 1997 (Public Law 104–208), I hereby determine that it is important to the national security interest of the United States to make available funds appropriated under that heading without regard to the restriction in that subsection. You are authorized and directed to notify the Congress of this determination and to arrange for its publication in the Federal Register. œ–

THE WHITE HOUSE, Washington, November 14, 1997. [FR Doc. 97–31772 Filed 12–1–97; 9:09 am] Billing code 4710–10–M i

Reader Aids Federal Register Vol. 62, No. 231 Tuesday, December 2, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

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 E-mail [email protected] the revision date of each title. 30 CFR Laws 3 CFR For additional information 523±5227 Proposed Rules: Administrative Orders: 917...... 63684 Presidential Documents Presidential Determinations: 926...... 63685 No. 98±5 of November Executive orders and proclamations 523±5227 17, 1997 ...... 63619 The United States Government Manual 523±5227 No. 98±4 of November 32 CFR 14, 1997 ...... 63823 Proposed Rules: Other Services 901...... 63485 5 CFR Electronic and on-line services (voice) 523±4534 Privacy Act Compilation 523±3187 213...... 63627 36 CFR 315...... 63627 TDD for the hearing impaired 523±5229 Proposed Rules: 410...... 63630 1...... 63488 591...... 63630 14...... 63488 ELECTRONIC BULLETIN BOARD 7 CFR Free Electronic Bulletin Board service for Public Law numbers, 37 CFR Federal Register finding aids, and list of documents on public 17...... 63606 202...... 63657 inspection. 202±275±0920 401...... 63631 454...... 63631 Proposed Rules: FAX-ON-DEMAND 457...... 63631, 63633 253...... 63502 You may access our Fax-On-Demand service with a fax machine. 1412...... 63441 255...... 63506 There is no charge for the service except for long distance Proposed Rules: telephone charges the user may incur. The list of documents on 70...... 63471 38 CFR public inspection and the daily Federal Register’s table of 729...... 63678 36...... 63454 contents are available. The document numbers are 7050-Public Inspection list and 7051-Table of Contents list. The public 10 CFR 40 CFR inspection list is updated immediately for documents filed on an 30...... 63634 emergency basis. 32...... 63634 52...... 63454, 73...... 63640 63456, 63658 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 261...... 63458 FILE. Documents on public inspection may be viewed and copied 12 CFR 64...... 63662 in our office located at 800 North Capitol Street, NW., Suite 700. 70...... 63662 The Fax-On-Demand telephone number is: 301±713±6905 226...... 63441 614...... 63644 71...... 63662 180...... 63662 FEDERAL REGISTER PAGES AND DATES, DECEMBER 14 CFR Proposed Rules: 52...... 63687 39...... 63622 63441±63626...... 1 81...... 63687 97...... 63447, 63627±63824...... 2 63449, 63451 112...... 63812 1260...... 63452 Proposed Rules: 41 CFR 39...... 63473, 301...... 63798 63475, 63476, 63624

20 CFR 42 CFR Proposed Rules: 417...... 63669 422...... 63681 Proposed Rules: 1001...... 63689 21 CFR 101...... 63647, 63653 46 CFR 514...... 63463 22 CFR Proposed Rules: 47 CFR 22...... 63478 51...... 63478 73...... 63674 53...... 63478 Proposed Rules: 73...... 63690 23 CFR 1327...... 63655 49 CFR 219...... 63464, 63675 28 CFR 225...... 63675 0...... 63453 240...... 63464 ii Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Reader Aids

50 CFR 20...... 63608 222...... 63467 622...... 63677 Proposed Rules: 679...... 63690 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Reader Aids iii

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published 12- problem driver pointer comments due by 12-8- COMMISSION 2-97 system; procedures for 97; published 10-23-97 Rulemaking petitions: AGRICULTURE participating in and receiving Northeastern United States Bopp, James, Jr.; comments DEPARTMENT data from system: fisheriesÐ due by 12-8-97; published Food Safety and Inspection Coast Guard Commandant; Northeast multispecies; 11-6-97 Service authorization to request comments due by 12- HEALTH AND HUMAN Meat and poultry inspection: and receive information; 12-97; published 11-12- SERVICES DEPARTMENT Federal Meat Inspection Act published 12-2-97 97 Children and Families and Poultry Products COMMERCE DEPARTMENT Administration Inspection Act; State COMMENTS DUE NEXT Patent and Trademark Office Child support enforcement designationsÐ WEEK Patent cases: program: Florida; published 11-14- Practice rules; trademark Quarterly wage and unemployment 97 AGRICULTURE trial and appeal board compensations claims ENERGY DEPARTMENT DEPARTMENT proceedings; comments due by 12-10-97; reporting to National Acquisition regulations: Farm Service Agency published 11-4-97 Directory of New Hires; Classification, security Farm marketing quotas, comments due by 12-8- ENVIRONMENTAL clearance procedures and acreage allotments, and 97; published 10-7-97 PROTECTION AGENCY new counterintelligence production adjustments: provisions; published 10- Air quality implementation HOUSING AND URBAN Peanuts; comments due by 3-97 plans; approval and DEVELOPMENT 12-9-97; published 12-2- DEPARTMENT ENVIRONMENTAL promulgation; various 97 Public and Indian housing: PROTECTION AGENCY States: Program regulations: Replacement housing factor Pesticides; tolerances in food, Ohio; comments due by 12- Community programs in modernization funding; animal feeds, and raw 10-97; published 8-12-97 guaranteed loan program; comments due by 12-9- agricultural commodities: Pennsylvania; correction; comments due by 12-8- 97; published 9-10-97 Pyrimethanil; published 12- comments due by 12-8- 97; published 10-7-97 INTERIOR DEPARTMENT 2-97 97; published 11-6-97 AGRICULTURE Pesticides; tolerances in food, Fish and Wildlife Service HEALTH AND HUMAN DEPARTMENT SERVICES DEPARTMENT animal feeds, and raw Endangered and threatened Rural Business-Cooperative agricultural commodities: species: Food and Drug Service Administration Glyphosate oxidoreductase; Illinois Cave amphipod; Program regulations: comments due by 12-8- comments due by 12-8- Food for human consumption: Community programs 97; published 10-8-97 97; published 10-9-97 Food labelingÐ guaranteed loan program; Superfund program: JUSTICE DEPARTMENT Dietary sugar alcohols comments due by 12-8- National oil and hazardous Drug Enforcement and dental caries; 97; published 10-7-97 substances contingency Administration health claims; published planÐ 12-2-97 AGRICULTURE Comprehensive DEPARTMENT National priorities list Methamphetamine Control LIBRARY OF CONGRESS Rural Housing Service update; comments due Act of 1996; implementation: Copyright Office, Library of by 12-8-97; published Program regulations: Pseudoephedrine, Congress 11-6-97 phenylpropanolamine, and Community programs Copyright office and FEDERAL combination ephedrine guaranteed loan program; procedures: COMMUNICATIONS drug products; transaction comments due by 12-8- Copyright claims; group COMMISSION reporting requirements; 97; published 10-7-97 registration of serials; Common carrier services: comments due by 12-8- AGRICULTURE published 12-2-97 North American Numbering 97; published 10-7-97 DEPARTMENT PERSONNEL MANAGEMENT Plan administrationÐ LABOR DEPARTMENT OFFICE Rural Utilities Service Carrier identification Occupational Safety and Allowances and differentials: Program regulations: codes; comments due Health Administration Cost-of-living allowances Community programs by 12-8-97; published Safety and health standards, (nonforeign areas) guaranteed loan program; 10-29-97 etc.: iv Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Reader Aids

Longshoring and marine Airbus; comments due by TREASURY DEPARTMENT in ``slip law'' (individual terminals; piggybacking of 12-8-97; published 11-6- Currency and foreign pamphlet) form from the two containers using twist 97 transactions; financial Superintendent of Documents, locks; comments due by Avions Pierre Robin; reporting and recordkeeping U.S. Government Printing 12-8-97; published 10-9- comments due by 12-8- requirements: Office, Washington, DC 20402 97 97; published 11-7-97 Bank Secrecy Act; (phone, 202±512±2470). The OFFICE OF MANAGEMENT Dornier; comments due by implementationÐ text will also be made available on the Internet from AND BUDGET 12-8-97; published 11-7- Exemptions from currency GPO Access at http:// Management and Budget 97 transactions reporting; www.access.gpo.gov/su docs/. Office comments due by 12-8- Ð Eurocopter Deutschland Some laws may not yet be 97; published 9-8-97 Freedom of Information Act; GmbH; comments due by available. implementation; comments 12-8-97; published 10-9- VETERANS AFFAIRS due by 12-8-97; published 97 DEPARTMENT H.R. 2159/P.L. 105±118 10-9-97 EXTRA Flugzeugbau GmbH; Health care professionals; POSTAL SERVICE comments due by 12-8- reporting to State licensing Foreign Operations, Export 97; published 11-5-97 Financing, and Related Domestic Mail Manual: boards; policy; comments HOAC Austria; comments due by 12-8-97; published Programs Appropriations Act, Perishable contents; due by 12-8-97; published 10-8-97 1998 (Nov. 26, 1997; 111 ancillary service 11-7-97 Stat. 2386) endorsements; comments Loan guaranty: due by 12-8-97; published MT-Propeller Entwicklung Refinancing loans; interest H.R. 2267/P.L. 105±119 11-7-97 GMBH; comments due by rate reduction Departments of Commerce, 12-8-97; published 10-7- requirements; comments TRANSPORTATION Justice, and State, the 97 due by 12-8-97; published DEPARTMENT Judiciary, and Related Saab; comments due by 12- 10-8-97 Coast Guard Agencies Appropriations Act, 8-97; published 11-7-97 1998 (Nov. 26, 1997; 111 Regattas and marine parades: Stat. 2440) Teledyne Continental LIST OF PUBLIC LAWS BellSouth Winterfest Boat Motors; comments due by H.J. Res. 103/P.L. 105±120 Parade; comments due by 12-9-97; published 10-10- This is a continuing list of 12-8-97; published 11-7- 97 Waiving certain enrollment public bills from the current 97 Class E airspace; comments requirements with respect to session of Congress which certain specified bills of the TRANSPORTATION due by 12-8-97; published have become Federal laws. It DEPARTMENT 11-6-97 One Hundred Fifth Congress. may be used in conjunction (Nov. 26, 1997; 111 Stat. Computer reservation systems, TREASURY DEPARTMENT with ``P L U S'' (Public Laws 2527) carrier-owned; comments Customs Service Update Service) on 202±523± due by 12-9-97; published S. 1026/P.L. 105±121 Organization and functions; 6641. This list is also 10-30-97 field oranization, ports of available online at http:// Export-Import Bank TRANSPORTATION entry, etc.: www.nara.gov/nara/fedreg/ Reauthorization Act of 1997 fedreg.html. (Nov. 26, 1997; 111 Stat. DEPARTMENT Orlando-Sanford Airport, FL; 2528) Federal Aviation port of entry; comments The text of laws is not Administration due by 12-8-97; published published in the Federal Last List November 28, 1997 Airworthiness directives: 11-7-97 Register but may be ordered